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Tuesday, March 8, 2016

FIFTY-SIXTH 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 Monday, March 7, 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. 265, on Third reading, House Calendar, to the Special 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. for S. B. 621, Exempting taxicab companies with independent contract drivers from providing workers' compensation coverage,

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. 157, Authorizing Department of Revenue 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. 567, Providing protection against property crimes committed against coal mines, railroads, utilities and other industrial 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. 262, Eliminating need for law enforcement to obtain court order prior to having access to inmate mail and phone recordings,

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. 107, Uniform Interstate Depositions and Discovery Act,

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. 504, Relating to confidentiality of juvenile records.

And reports the same back, with amendment, with the recommendation that it do pass, as amended.

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. 431, Authorizing pharmacists and pharmacy interns dispense opioid antagonists,

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. 267, Modifying removal procedure for certain county, school district and municipal officers,

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. 686, Authorizing local governing authorities hold sanctioned motor vehicle races on roads, streets or airports under their jurisdiction,

And reports the same back, with amendment, with the recommendation that it do pass, as amended.

Delegate Nelson, Chair of the Committee on Finance, submitted the following report, which was received:

            Your Committee on Finance has had under consideration:

Com. Sub. for S. B. 517, Clarifying PEIA plans that are exempt from regulation by Insurance Commissioner,

And,                                         

S. B. 563, Increasing retirement benefit multiplier for WV Emergency Medical Services Retirement System members,

And reports the same back, with the recommendation that they each do pass.

Resolutions Introduced

            Delegates Rowan, Romine, D. Evans, Miller, Walters, Canterbury, Duke, Shaffer, Lynch, Moye, Campbell, Ambler, Border, Deem, Fast, Ferro, Hamilton, Hartman, Hill, Kelly, Longstreth, Moore, Overington, Perry, Pethtel, Phillips, Rohrbach, B. White and Zatezalo offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 99 - “Requesting the Joint Committee on Government and Finance to study and review current law, procedure and public services intended to protect against senior citizen financial abuse and exploitation and to study the feasibility of developing and providing additional effective tools, resources and best practices to help protect senior citizens from financial abuse and exploitation.”

Whereas, Over sixteen percent of West Virginians are senior citizens sixty-five years of age or older and it has been projected that by 2035, the senior citizen population will constitute almost one fourth of the state’s total population; and

Whereas, Many seniors are dependent on the assistance of others for the administration of their property, income and financial assets and well-being and therefore are at a heightened risk for financial exploitation; and

Whereas, Financial abuse and exploitation has become an increasing topic of concern by law enforcement as well as public agencies and service providers serving seniors in the state; and

Whereas, West Virginia already has significant laws, procedures and public services in place intended to protect seniors from financial exploitation and abuse; however, it is becoming increasingly apparent that this problem persists and is perhaps increasing and that a comprehensive review of the protections provided by current laws, procedures and public services would be beneficial to address this problem; and

Whereas, Additional tools and resources need to be examined and explored by this state and the Legislature to better address the problem of elder financial abuse and exploitation; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is requested to study and review current law, procedure and public services intended to protect against senior citizen financial abuse and exploitation and to study the feasibility of developing and providing additional effective tools, resources and best practices to help protect senior citizens from financial abuse and exploitation; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the Legislature, on the first day of the regular session, 2017, on its findings, conclusions and recommendations together with drafts of any legislation 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.

            Delegates Perdue and Hicks offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

H. C. R. 100 - Requesting the Commissioner of the Division of Highways to name bridge number 50-152-5.70 (50A112), at longitude 37.99842 and latitude -82.40667, locally known as the Missouri Branch Beam Span, carrying West Virginia Route 152 over the West Fork of Twelvepole Creek, the “Curtis ‘Pap’ and Millie ‘Mammie’ Asbury Bridge.”

Whereas, Curtis Asbury was born on September 24, 1917, in Wayne, West Virginia, and his devoted wife Millie Ferguson was born on April 24, 1924, and this couple were married in 1939; and

Whereas, Curtis and Millie Asbury established, owned and operated Asbury's Grocery located at the entrance  to Cabwaylingo Park Road for fifty-two years. The grocery store became a vital source for community members. For five generations, the store not only provided necessary food and other goods but also became a meeting place for community members to gather in the mornings and evenings to discuss everything from politics to family life. It was the bus stop where school children of all ages would go and be met with a smile, a hug, and a piece of fruit or candy; and

Whereas, Almost every person in the community of Dunlop, West Virginia, has been touched by Curtis and Millie's kindness and generosity. The love that they both had for our community was displayed by their hardworking, gentle, giving spirits. They were devoted to making our small community a better place to live by always extending a helping hand, providing jobs, caring for the elderly and encouraging and guiding the youth. They helped develop and organize our small community by creating local churches, directing Sunday school classes, and working to fulfill the needs of the entire community. They treated everyone as their own family and were lovingly referred to as everyone's "Mammie" and "Pap". Curtis and Millie Asbury have touched every family in this small community and they should be honored by having this bridge named to commemorate them; and

Whereas, This dedication would serve as an on-going reminder of Curtis and Millie's commitment to making our community a better place to live and to making our citizens better people; therefore, be it

Resolved by the Legislature of West Virginia:

That the Commissioner of the Division of Highways is hereby requested to name bridge number 50-152-5.70 (50A112), at longitude 37.99842 and latitude -82.40667, locally known as the Missouri Branch Beam Span, carrying West Virginia Route 152 over the West Fork of Twelvepole Creek, the “Curtis ‘Pap’ and Millie ‘Mammie’ Asbury Bridge”; and, be it

Further Resolved, That the Commissioner of the Division of Highways is hereby requested to create and erect signs at both ends of the bridge proclaiming the bridge the “Curtis ‘Pap’ and Millie ‘Mammie’ Asbury 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 Shott, Lane, Stansbury, Miley, Caputo, Pushkin, Campbell, P. Smith, Manchin, Weld, McCuskey, Hanshaw, Fleischauer and Overington offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. R. 19 - “Recognizing the considerable contributions of drug courts to the state of West Virginia.”

Whereas, The first adult drug court was established in the Northern Panhandle in 2005 and the first Juvenile Drug Court was established in 1999 in Cabell County, ran for six years, and was re-established in 2007; and

Whereas, Rgorous evaluation and research has demonstrated that, where adult drug courts are implemented consistent with models and procedures developed based on objective studies, they significantly reduce recidivism and substance abuse among offenders who are high risk of reoffending due to substance abuse and dependency; and

Whereas, Adult drug courts that are properly implemented increase the likelihood of successful rehabilitation while simultaneously reducing the cost to the public below the historic costs of addressing these problems in the criminal justice system; and

Whereas, the goal of juvenile drug courts is to intervene early in the life of a young person to prevent future involvement of that young person in the court system; and

Whereas, Justices, circuit judges, family court judges, magistrates, and mental hygiene commissioners throughout West Virginia  devote their time at no additional pay to establishing and operating drug and treatment courts, with the help of full-time, dedicated drug court probation officers; and

Whereas, Governor Earl Ray Tomblin’s consistent, influential support of the expansion of drug courts throughout the state, first as Senate President and, subsequently, as Governor, has been a strategic part of the program’s success; and

Whereas, In 2009, the West Virginia Legislature passed the West Virginia Drug Offender Accountability and Treatment Act (W.Va. Code §62-15-1, et. seq.), which codified adult drug courts in West Virginia, and which left the administration, control, and responsibility for drug courts, mental health courts, and other problem-solving courts within the purview of the Supreme Court of Appeals; and

Whereas, In 2011, the West Virginia Legislature passed the West Virginia Juvenile Drug Court Statute (W.Va. Code §49-5-2b), which codified juvenile drug courts in West Virginia, and which  left the establishment of procedures and forms and the appointment of juvenile drug court judges within the purview of the Supreme Court of Appeals; and;

Whereas, In 2013 the West Virginia Legislature passed the Justice Reinvestment Act (W.Va. Code §62-15-4(a)) which requires all judicial circuits to participate in an adult drug court or regional adult drug court program by July 1, 2016; and

Whereas, There currently are twenty-seven adult drug courts serving forty-five counties and seventeen juvenile drug courts serving twenty counties; and;

Whereas, There are have been more than thirteen hundred drug court graduates and another six hundred and eighty West Virginia adults and youths are currently participating in the programs; therefore, be it

Resolved by the Legislature of West Virginia:

That adult and juvenile drug courts save lives, restore families, and are a prudent use of state resources; and, be it

 Further resolved, that the Legislature of West Virginia declares March 10, 2016, to be Drug Court Day in West Virginia.

Petitions

            Delegate Pushkin presented a petition from over 700 residents of the State of West Virginia, urging the House of Delegates to place Senate Bill 411, The Second Chance for Employment Act, on the Special Calendar to allow reformed, working members of society the opportunity to work a job and provide for their families, to provide incentive for first time offenders to stay clean and out of trouble, and to also allow parents to provide for their children without relying on government assistance; to the Committee on Industry and Labor.

Motions

            Delegate Pushkin submitted a written motion, as follows:

Mr. Speaker, As the “Creating Second Chance for Employment Act” provides a mechanism to help non-violent felons reenter the job market and become productive members of our state and would be a humane way of helping many struggling West Virginias get past the legacy of our horrible drug epidemic, and further because the State Senate reported out this bill by an unanimous, bi-partisan vote, reflecting that if considered, this measure would be supported by many members of the House, therefore Mr. Speaker, pursuant to Rule 82, I move that S. B. 411 be discharged from the House Committee on Industry and Labor.

Further, Mr. Speaker, I move the previous question on my motion.

And,

Mr. Speaker, I further move that if the prior Rule 82 motion prevails, that pursuant to Rule 82, that S. B. 411 be discharged from the Committee on the Judiciary and placed on the House Special calendar.

            Delegate Cowles arose and moved to table the motions submitted by Delegate Pushkin.

            Following inquiries of the Chair as to the posture of the motions, the Speaker stated to the members that the motion to table took precedence over the motion for the previous question.

            The question before the House being the motion to table the motion to discharge Com. Sub. for S. B. 411, the yeas and nays were demanded, which demand was sustained.

            The yeas and nays having been ordered, they were taken (Roll No. 400), and there were--yeas 54, nays 43, absent and not voting 3, with the nays and absent and not voting being as follows:

Nays: Azinger, Bates, Blackwell, Boggs, Byrd, Campbell, Caputo, Eldridge, Faircloth, Ferro, Fleischauer, Fluharty, Folk, Guthrie, Hartman, Hicks, Hornbuckle, Ihle, Kelly, Longstreth, Manchin, Marcum, McGeehan, Miley, Moore, Morgan, Moye, Perdue, Perry, Pethtel, Phillips, Pushkin, Reynolds, Rodighiero, Rohrbach, Rowe, Shaffer, Skinner, P. Smith, Sponaugle, Trecost, Upson and P. White.

Absent and Not Voting: Flanigan, Kessinger and Lynch.

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

            Delegate Cowles was then recognized and asked and obtained unanimous consent to recall S. B. 437, Updating and clarifying code relating to rules governing mixed martial arts, from the Senate.

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

On motion of Delegate Cowles, and by unanimous consent, S. B. 437 was recalled from the Senate.

Special Calendar

Third Reading

            Com. Sub. for S. B. 39, Regulating off-road motorcycles within Hatfield-McCoy Recreation Area; 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. 401), and there were--yeas 95, nays 2, absent and not voting 3, with the nays and absent and not voting being as follows:

Nays: Ireland and McGeehan.

Absent and Not Voting: Caputo, Flanigan and Kessinger.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 39) passed.

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

            Com. Sub. for S. B. 47, Rewriting licensing requirements for practice of medicine and surgery and podiatry; 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. 402), 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: Flanigan and Kessinger.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 47) 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. 94, Designating State Police Superintendent as administrator and enforcer of motor vehicle inspection program; ; 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. 403), and there were--yeas 96, nays 2, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Ihle and Kelly.

Absent and Not Voting: Flanigan and Kessinger.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 94) passed.

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

            Com. Sub. for S. B. 104, Classifying Marshall University Forensic Science Center as a criminal justice agency; 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. 404), 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: Flanigan and Kessinger.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 104) passed.

            On motion of Delegate Shott, the title of the bill was amended to read as follows:

S. B. 104 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2-24c, relating to declaring the Forensic DNA Analysis Laboratory of the Marshall University Forensic Science Center to be engaged in administration of criminal justice as that term is defined in 28 C. F. R. 20.3(b); requiring Marshall University Forensic Science Center and the West Virginia State Police to confer as to available grants and similar possible funding sources and applications therefor; affording West Virginia State Police primacy of decision-making over Marshall University Forensic Science Center as to which entity may apply for certain grants; and directing West Virginia State Police and Marshall University Forensic Science Center to execute an agreement to ensure compliance with the section provisions.”

            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. 265, Allowing library volunteers necessary access to user records; on third reading, coming up in regular order, was reported by the Clerk.

            Delegate Overington asked and obtained unanimous consent to amend the bill on third reading and the rule was suspended to permit the consideration such.

            On motion of Delegate Overington the bill was amended on page one, section twenty-two, lines five and six after the word “agreement”, by striking out the phrase “outlining the terms of this subsection” and inserting in lieu thereof “which shall prevent disclosure of circulation records, personal information, and similar records of any public library except to the extent allowed under this subsection”.

            The bill was then read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 405), 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: Flanigan and Kessinger.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 265) passed.

            On motion of Delegate Shott, the title of the bill was amended to read as follows:

Com. Sub. for S. B. 265 - “A Bill to amend and reenact §10-1-22 of the Code of West Virginia, 1931, as amended, relating to confidentiality of certain library records; clarifying that library staff, including employees and unpaid library volunteers, may have necessary access to user records; requiring outlining the terms of confidentiality in a written agreement; and requiring obtaining written permission from the library director of the library system wherein he or she will be working.”

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

            S. B. 306, Permitting sale of county or district property online; on third reading, coming up in regular order, was read a third time.

Delegate Ireland requested to be excused from voting on the passage of S. B. 306 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. 406), and there were--yeas 96, nays 2, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Marcum and Shaffer.

Absent and Not Voting: Flanigan and Kessinger.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 306) passed.

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

S. B. 306 - “A Bill to amend and reenact §7-3-3 of the Code of West Virginia, 1931, as amended, relating to sale of county or district property; permitting property be sold either at an on-site public auction or by utilizing an Internet-based public auction service; and requiring notice of sale include notice of the time, terms, manner and place of sale or the Internet-based public auction service to be utilized.”

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

            S. B. 323, Correcting statute subsection designations regarding trespassing on property; 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. 407), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

Absent and Not Voting: Flanigan, Guthrie and Kessinger.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 323) passed.

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

            S. B. 329, Eliminating sunset provision for commission to study residential placement of children; 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. 408), 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: Flanigan, Guthrie and Kessinger.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 329) passed.

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

            S. B. 334, Identifying coyote as fur-bearing animal and woodchuck as game animal; 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. 409), and there were--yeas 95, nays 2, absent and not voting 3, with the nays and absent and not voting being as follows:

Nays: Lynch and Moore.

Absent and Not Voting: Flanigan, Guthrie and Kessinger.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 334) 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. 343, Authorizing prosecuting attorneys designate law-enforcement officers and investigators as custodians of records; 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. 410), and there were--yeas 95, nays 2, absent and not voting 3, with the nays and absent and not voting being as follows:

Nays: Ihle and McGeehan.

Absent and Not Voting: Flanigan, Guthrie and Kessinger.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 343) passed.

            On motion of Delegate Shott, the title of the bill was amended to read as follows:

Com. Sub. for S. B. 343- “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §52-2-11, relating to grand juries generally; defining terms; authorizing prosecuting attorneys to designate law-enforcement officers or investigators as custodians of records, documents and other evidence subpoenaed, that has been received, reviewed and ratified by the grand jury; authorizing designated custodians conducting an investigation to keep, review and analyze records, items or other evidence and to otherwise use the subpoenaed materials for legitimate investigative purposes; allowing for successor custodians; requiring custodians to execute disclosure statements to preserve grand jury secrecy; requiring the prosecuting attorney to file all disclosure statements, under seal, with the clerk of the circuit court; authorizing custodians to share subpoenaed materials with other law-enforcement officers and investigators for legitimate investigative purposes with the written authorization of the prosecuting attorney and that officer’s or investigator’s execution of a disclosure statement; and providing that a designated custodian may retain the record, item or other evidence in his or her possession, care, custody or control until the termination of the investigation or prosecution.”

            Delegate Cowles moved that the bill take effect from its passage.

            On this question, the yeas and nays were taken (Roll No. 411), and there were--yeas 95, nays 2, absent and not voting 3, with the nays and absent and not voting being as follows:

Nays: Ihle and McGeehan.

Absent and Not Voting: Flanigan, Guthrie and Kessinger.

            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 S. B. 343) 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.

            S. B. 346, Updating projects managed by Project Management Office; 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. 412), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

Absent and Not Voting: Flanigan, Guthrie and Kessinger.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 346) passed.

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

            S. B. 349, Updating meaning of federal adjusted gross income; 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. 413), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

Absent and Not Voting: Flanigan, Guthrie and Kessinger.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 349) passed.

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

S. B. 349 - “A Bill to amend and reenact §11-21-9 and §11-21-71a of the Code of West Virginia, 1931, as amended, all relating to the West Virginia Personal Income Tax; updating the meaning of federal taxable income and certain other terms used in West Virginia Personal Income Tax; changing certain due dates; and specifying effective dates.”

Delegate Cowles moved that the bill take effect from its passage.

            On this question, the yeas and nays were taken (Roll No. 414), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

Absent and Not Voting: Flanigan, Guthrie and Kessinger.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 349) 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. 400, Reducing amount of sales tax proceeds dedicated to School Major Improvement Fund; 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. 415), and there were--yeas 63, nays 33, absent and not voting 4, with the nays and absent and not voting being as follows:

Nays: Bates, Byrd, Campbell, Caputo, Eldridge, Fast, Ferro, Fleischauer, Fluharty, Hartman, Hicks, Hornbuckle, Longstreth, Lynch, Manchin, Marcum, Miley, Moore, Morgan, Moye, Perdue, Perry, Pushkin, Reynolds, Rodighiero, Rowe, Shaffer, Skinner, P. Smith, Sponaugle, Trecost, Upson and P. White.

Absent and Not Voting: Flanigan, Guthrie, Hamrick and Kessinger.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 400) passed.

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

            S. B. 415, Lengthening maximum term of negotiable certificates of deposit municipal funds can hold; 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. 416), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

Absent and Not Voting: Flanigan, Guthrie and Kessinger.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 415) passed.

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

            S. B. 426, Continuing Office of Coalfield Community Development; 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. 417), and there were--yeas 94, nays 3, absent and not voting 3, with the nays and absent and not voting being as follows:

Nays: Folk, Lynch and McGeehan.

Absent and Not Voting: Flanigan, Guthrie and Kessinger.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 426) passed.

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

            S. B. 439, Eliminating requirement that budget director approve requisitions for personal services payment under certain circumstances; 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. 418), and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:

Nays: Gearheart.

Absent and Not Voting: Flanigan, Guthrie, Hamilton and Kessinger.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 439) passed.

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

            S. B. 461, Updating WV Workforce Investment Act to the WV Workforce Innovation and Opportunity Act; 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. 419), and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:

Nays: Waxman.

Absent and Not Voting: Flanigan, Guthrie, Hamilton and Kessinger.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 461) passed.

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

            S. B. 469, Clarifying what personal funds are exempt from levy following judgment; 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. 420), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

Absent and Not Voting: Flanigan, Guthrie and Kessinger.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 469) passed.

On motion of Delegate Shott, the title of the bill was amended to read as follows:

            S. B. 469- “A Bill to amend and reenact §38-5A-3 and §38-8-1 of the Code of West Virginia, 1931, as amended all relating to suggestions of salary and wages of persons engaged in private employment and exemptions from levy; increasing the amount of salary or wages that are protected from a suggestee execution from thirty times the federal minimum hourly wage then in effect to fifty times the federal minimum hourly wage then in effect; removing wages and salary from 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 may not be exempted from levy.”

            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. 474, Exempting DEP construction and reclamation contracts from review and approval; 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. 421), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:

Nays: Manchin.

Absent and Not Voting: Flanigan, Guthrie and Kessinger.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 474) passed.

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

            S. B. 494, Creating Legislative Oversight Commission on Department of Transportation Accountability; 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. 422), and there were--yeas 84, nays 12, absent and not voting 4, with the nays and absent and not voting being as follows:

Nays: Byrd, Faircloth, Fluharty, Folk, Hanshaw, Marcum, McGeehan, Pushkin, Reynolds, Storch, Walters and Weld.

Absent and Not Voting: Deem, Flanigan, Guthrie and Kessinger.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 494) passed.

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

S. B. 494 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §4-14-1, §4-14-2, §4-14-3, §4-14-4 and §4-14-5, all relating to creating the Legislative Oversight Commission on Department of Transportation Accountability; setting forth findings, purpose and intent; defining terms; designating makeup and compensation of commission; authorizing meetings of the commission; stating powers and duties of commission; providing a limited subpoena power to the commission; and requiring certain reports.“

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

            S. B. 515, Authorizing payment of certain claims against state; on third reading, coming up in regular order, was read a third time.

            Delegate Eldridge requested to be excused from voting on the passage of S. B. 515 under the provisions of House Rule 49.

Speaker Pro Tempore Anderson in the Chair

            The Speaker Pro Tempore replied that Delegate Eldridge did possibly exhibit direct personal or pecuniary interest therein and not as a member of a class of persons, and excused the Gentleman from voting.

            Mr. Speaker, Mr. Armstead, arose from his seat and requested to be excused from voting on the passage of S. B. 515 under the provisions of House Rule 49.

            The Speaker Pro Tempore replied that any impact on Mr. Armstead would be as a member of a class of persons possibly to be affected by the passage of the bill, 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. 423), and there were--yeas 94, nays none, excused from voting 1, absent and not voting 5, with the excused from voting and absent and not voting being as follows:

Excused from Voting: Eldridge.

Absent and Not Voting: Deem, Flanigan, Guthrie, Kessinger and Romine.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 515) passed.

            Delegate Cowles moved that the bill take effect from its passage.

            On this question, the yeas and nays were taken (Roll No. 424), and there were--yeas 94, nays none, excused from voting 1, absent and not voting 5, with the excused from voting and absent and not voting being as follows:

Excused from Voting: Eldridge.

Absent and Not Voting: Deem, Flanigan, Guthrie, Kessinger and Romine.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 515) takes effect from its passage.

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

            Com. Sub. for S. B. 520, Allowing PEIA ability to recover benefits or claims obtained through fraud; on third reading, coming up in regular order, was, on motion of Delegate Cowles, postponed one day.

            Com. Sub. for S. B. 524, Rewriting Board of Barbers and Cosmetologists article; 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. 425), and there were--yeas 31, nays 65, absent and not voting 4, with the yeas and absent and not voting being as follows:

Yeas: Speaker Armstead, Anderson, Arvon, Atkinson, Azinger, Blair, Butler, Cadle, Cowles, Deem, Duke, Ellington, Espinosa, Foster, Hamrick, Hill, Howell, Ihle, Ireland, Kelly, Miller, Moffatt, O'Neal, Romine, R. Smith, Sobonya, Stansbury, Statler, Summers, Upson and Zatezalo.

Absent and Not Voting: Flanigan, Guthrie, Householder and Kessinger.

            So, a majority of the members present and voting not having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 524) rejected.

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

            S. B. 552, Eliminating requirement sheriff pay jury costs to State Treasury; on third reading, coming up in regular order, was, on motion of Delegate Cowles laid upon the table.

            S. B. 573, Prohibiting municipal annexation which would result in unincorporated territory within municipality; 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. 426), and there were--yeas 91, nays 5, absent and not voting 4, with the nays and absent and not voting being as follows:

Nays: Duke, Ihle, Marcum, R. Phillips and Skinner.

Absent and Not Voting: A. Evans, Flanigan, Guthrie and Kessinger.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 573) 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. 575, Requiring leases for state office space provide landlord or owner be responsible for cleaning or janitorial services; on third reading, coming up in regular order, was, on motion of Delegate Cowles, postponed one day.

            Com. Sub. for S. B. 581, Eliminating sunset provision terminating pilot domestic violence court program; 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. 427), and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:

Nays: McGeehan.

Absent and Not Voting: Duke, Flanigan, Hanshaw and Kessinger.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 581) passed.

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

            Com. Sub. for S. B. 591, Relating to voter registration list maintenance and combined voter registration and driver licensing fund; certification; on third reading, coming up in regular order, was reported by the Clerk.

            Delegate Lane asked and obtained unanimous consent to amend the bill on third reading and the rule was suspended to permit the consideration of such.

            On motion of Delegate Lane the bill was amended on page one, section three, at line eight, immediately following the word “State”, by deleting the word “shall” and inserting in lieu thereof the word “may”, and on page seven, section twenty-three, at line one (46), by deleting section twenty-three in its entirety.

            The bill was then read a third time.

Delegate Trecost requested to be excused from voting on the passage of Com. Sub. for S. B. 591 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. 428), and there were--yeas 77, nays 20, absent and not voting 3, with the nays and absent and not voting being as follows:

Nays: Azinger, Blackwell, Butler, Cowles, Faircloth, Folk, Ihle, Kelly, Kurcaba, Lynch, McGeehan, J. Nelson, Rowan, Rowe, Shaffer, P. Smith, Sobonya, Trecost, Upson and Wagner.

Absent and Not Voting: Flanigan, Kessinger and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 591) passed.

On motion of Delegate Shott, the title of the bill was amended to read as follows:

S. B. 591 - “A Bill to amend and reenact §3-2-3, §3-2-4a, and §3-2-12 of the Code of West Virginia, 1931, as amended, and to amend said Code by adding thereto a new section, designated as §3-2-23a; all relating to additional duties for the Secretary of State relating to voter registration; authorization of the Secretary of State to undertake voter registration list maintenance; voter registration list maintenance generally; authorizing the Secretary of State to undertake voter registration list maintenance in a county if within ninety days of providing written notice to the clerk of the county commission of the need for voter registration list maintenance the clerk has failed to complete such maintenance; delineating notice requirements; the Combined Voter Registration and Driver Licensing Fund; authorizing Secretary of State to enter into agreement with Division of Motor Vehicles for Division of Motor Vehicles to provide certain information; setting forth information to be provided by Division of Motor Vehicles; permitting Secretary of State to use information for voter registration list maintenance comparison through interstate data-sharing agreement as designated by Secretary of State; identifying additional permissible uses of funds in Combined Voter Registration and Driver Licensing Fund; providing for periodic transfer of funds from that fund to the General Revenue Fund under certain circumstances; cancellation of registration of deceased or ineligible voters generally; and providing rule-making authority to the Secretary of State to accomplish the provisions of the bill.”

            Delegate Cowles moved that the bill take effect from its passage.

            On this question, the yeas and nays were taken (Roll No. 429), and there were--yeas 88, nays 8, absent and not voting 4, with the nays and absent and not voting being as follows:

Nays: Folk, Ihle, Kurcaba, McGeehan, J. Nelson, Rowan, Trecost and Wagner.

Absent and Not Voting: Flanigan, Gearheart, Kessinger and Walters.

            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 S. B. 591) 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. 592, Relating to pipeline safety; 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 S. B. 592 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. 430), and there were--yeas 91, nays 3, absent and not voting 6, with the nays and absent and not voting being as follows:

Nays: Folk, Ihle and McGeehan.

Absent and Not Voting: Campbell, Eldridge, Flanigan, Kessinger, Moffatt and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 592) passed.

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

            Com. Sub. for S. B. 622, Composition of PEIA Finance Board; on third reading, coming up in regular order, was, on motion of Delegate Cowles, postponed one day.

            S. B. 648, Allowing local authorities permit flashing traffic signals during low traffic times; 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. 431), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:

Absent and Not Voting: Campbell, Eldridge, Flanigan, Ireland, Kessinger, Moffatt and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 648) passed.

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

            S. B. 656, Creating Upper Kanawha Valley Resiliency and Revitalization Program; 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. 432), and there were--yeas 90, nays 4, absent and not voting 6, with the nays and absent and not voting being as follows:

Nays: Azinger, Folk, Ihle and McGeehan.

Absent and Not Voting: Campbell, Eldridge, Flanigan, Kessinger, Moffatt and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 656) passed.

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

            S. B. 678, Relating to ownership and use of conduit providing telephone service; 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. 433), and there were--yeas 92, nays 1, absent and not voting 7, with the nays and absent and not voting being as follows:

Nays: Hamrick.

Absent and Not Voting: Campbell, Eldridge, Flanigan, Kessinger, McCuskey, Moffatt and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 678) passed.

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

At 2:15 p.m., on motion of Delegate Cowles, the House of Delegates recessed until 7:00 p.m.

* * * * * * *

Evening Session

* * * * * * *

Second Reading

            Com. Sub. for S. B. 6, Requiring drug screening and testing of applicants for TANF program; 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 the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §9-3-6, to read as follows:

ARTICLE 3. APPLICATION FOR AND GRANTING OF ASSISTANCE.

§9-3-6.  Pilot program for drug screening of applicants for cash assistance.

(a) As used in this section:

(1) ‘Applicant’ means a person who is applying for benefits from the Temporary Assistance for Needy Families Program.

(2) ‘Board of Review’ means the board established in subdivision (2), section six, article two, chapter nine of this code.

(3) ‘Caseworker’ means a person employed by the department with responsibility for making a reasonable suspicion determination during the application process for Temporary Assistance for Needy Families.

(4) ‘Child Protective Services’ means the agency within the department responsible for investigating reports of child abuse and neglect as required in section eight hundred two, article two, chapter forty-nine of this code.

(5) ‘Department’ means the Department of Health and Human Resources.

(6) ‘Drug screen’ or ‘drug screening’ means any analysis regarding substance abuse conducted by the Department of Health and Human Resources on applicants for assistance from the Temporary Assistance for Needy Families program.

(7) ‘Drug test’ or ‘drug testing’ means a drug test which tests urine for Amphetamines (amphetamine and methamphetamine) Cocaine, Marijuana, Opiates (codeine and morphine), Phencyclidine, Barbiturates, Benzodiazepines, Methadone, Propoxyphene and Expanded Opiates (oxycodone, hydromorphone, hydrocodone, oxymorphone).

(8) ‘Secretary’ means the secretary of the department or his or her designee.

(9) ‘Temporary Assistance for Needy Families Program’ means assistance provided through ongoing cash benefits pursuant to 42 U. S. C. §601, et seq., operated in West Virginia as the West Virginia Works Program pursuant to article nine of this chapter.

(b) Subject to federal approval, the secretary shall implement and administer a three year pilot program to drug screen any adult applying for assistance from the Temporary Assistance for Needy Families Program. The secretary shall seek the necessary federal approval immediately following the enactment of this section and the program shall begin within sixty days of receiving federal approval.

(c) Reasonable suspicion exists if:

(1) A case worker determines, based upon the result of the drug screen, that the applicant demonstrates qualities indicative of substance abuse based upon the indicators of the drug screen; or

(2) An applicant has been convicted of a drug-related offense within the three years immediately prior to an application for Temporary Assistance for Needy Families Program and whose conviction becomes known as a result of a drug screen as set forth in this section.

(d) Presentation of a valid prescription for a detected substance that is prescribed by a health care provider authorized to prescribe a controlled substance is an absolute defense for failure of any drug test administered under the provisions of this section.

(e) Upon a determination by the case worker of reasonable suspicion as set forth in this section an applicant shall be required to complete a drug test. The cost of administering the drug test and initial substance abuse testing program is the responsibility of the Department of Health and Human Resources. Any applicant whose drug test results are positive may request that the drug test specimen be sent to an alternative drug-testing facility for additional drug testing. Any applicant who requests an additional drug test at an alternative drug-testing facility shall be required to pay the cost of the alternative drug test. 

(f) Any applicant who has a positive drug test shall complete a substance abuse treatment and counseling program and a job skills program approved by the secretary. An applicant may continue to receive benefits from the Temporary Assistance for Needy Families program while participating in the substance abuse treatment and counseling program or job skills program.  Upon completion of both a substance abuse treatment and counseling program and a job skills program, the applicant is subject to periodic drug screening and testing as determined by the secretary in rule. Subject to applicable federal laws, any applicant for Temporary Assistance for Needy Families program who fails to complete, or refuses to participate in, the substance abuse treatment and counseling program or job skills program as required under this subsection is ineligible to receive Temporary Assistance for Needy Families until he or she is successfully enrolled in substance abuse treatment and counseling and job skills programs. Upon a second positive drug test, an applicant shall be ordered to complete a second substance abuse treatment and counseling program and job skills program. He or she shall be suspended from the Temporary Assistance for Needy Families program for a period of twelve months, or until he or she completes both a substance abuse treatment and counseling program and a job skills program.  Upon a third positive drug test an applicant shall be permanently terminated from the Temporary Assistance for Needy Families Program subject to applicable federal law.

(g) Any applicant who refuses a drug screen or a drug test is ineligible for assistance.

(h) The secretary shall order an investigation and home visit from Child Protective Services on any applicant who is declared ineligible for failure to pass a drug test. This investigation and home visit may include a face-to-face interview with the child, if appropriate; the development of a protection plan; and, if necessary for the health and well-being of the child, may also involve law enforcement. This investigation and home visit shall be followed by a report detailing recommended action which Child Protective Services shall undertake. Child Protective Services is responsible for providing, directing or coordinating the appropriate and timely delivery of services to any child who is the subject of any investigation and home visit conducted pursuant to this section. In cases where Child Protective Services determines that the best interests of the child requires court action, they shall initiate the appropriate legal proceeding.

(i) Any other adult members of a household that includes a person declared ineligible for the Temporary Assistance for Needy Families program pursuant to this section shall, if otherwise eligible, continue to receive Temporary Assistance for Needy Families benefits.

(j)(1) No dependent child’s eligibility for benefits under the Temporary Assistance for Needy Families program may be affected by a parent’s failure to pass a drug test.

(2) If pursuant to this section a parent is deemed ineligible for the Temporary Assistance for Needy Families program, the dependent child’s eligibility is not affected and an appropriate protective payee shall be designated to receive benefits on behalf of the child.

(3) The parent may choose to designate another person as a protective payee to receive benefits for the minor child. The designated person shall be an immediate family member, or if an immediate family member is not available or declines the option, another person may be designated.

(4) The secretary shall screen and approve the designated person.

(k)(1) An applicant who is determined by the secretary to be ineligible to receive benefits pursuant to subsection (f) of this section due to a failure to participate in a substance abuse treatment and counseling program or a job skills program who can later document successful completion of a drug treatment program approved by the secretary may reapply for benefits six months after the completion of the substance abuse treatment and counseling program or job skills program.  An applicant who has met the requirements of this subdivision and reapplies is also required to submit to a drug test and is subject to the provisions of subsection (f) of this section. 

(2) An applicant may reapply only once pursuant to the exceptions contained in this subsection.

(3) The cost of any drug screen or test and drug treatment provided under subsection (k) is the responsibility of the individual being screened and receiving treatment.

(l) An applicant who is denied assistance under this section may request a review of the denial by the Board of Review. The results of a drug screen or test are admissible without further authentication or qualification in the review of denial by the Board of Review and in any appeal.  The Board of Review shall provide a fair, impartial and expeditious grievance and appeal process to applicants who have been denied Temporary Assistance for Needy Families pursuant to the provisions of this section. The Board of Review shall make findings regarding the denial of benefits and issue a decision which either verifies the denial or reverses the decision to deny benefits.  Any applicant adversely affected or aggrieved by a final decision or order of the Board of Review may seek judicial review of that decision.

(m) The secretary shall ensure the confidentiality of all drug screen and drug test results administered as part of this program. Drug screen and test results shall be used only for the purpose of determining eligibility for the Temporary Assistance for Needy Families program. At no time may drug screen or test results be released to any public or private person or entity or any law-enforcement agency, except as otherwise authorized by this section.

(n) The secretary shall promulgate emergency rules pursuant to the provisions of article three, chapter twenty-nine-a to prescribe the design, operation and standards for the implementation of this section.

(o) A person who intentionally misrepresents any material fact in an application filed under the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $100 nor more than $1,000 or by confinement in jail not to exceed six months, or by both fine and confinement.

(p) The secretary shall report to the Joint Committee on Government and Finance by December 31, 2016, and annually after that until the conclusion of the pilot program on the status of the federal approval and pilot program described in this section. The report shall include, but is not limited to:

(1) The total number of applicants who were deemed ineligible to receive benefits under the program due to a positive drug test for controlled substances;

(2) The number of applicants for whom there was a reasonable suspicion due to a conviction of a drug-related offense within the five years prior to an application for assistance;

(3) The number of those applicants that receive benefits after successful completion of a drug treatment program as specified in this section; and

(4) The total cost to operate the program.

(q) Should federal approval not be given for any portion of the program as set forth in this section, the secretary shall implement the program to meet the federal objections and continue to operate a three year pilot program consistent with the purpose of this section.

(r) For the purposes of the pilot program contained in this section, pursuant to the authority and option granted by 21 U. S. C. §862a(d)(1)(A) to the states, West Virginia hereby exempts all persons domiciled within the state from the application of 21 U. S. C. §862a(a).”

            Delegate Pushkin moved to amend the amendment on page one, section six, line seventeen, by striking out the word “Marijuana”.

The Speaker put the question on the adoption of the foregoing amendment to the amendment, and the same did not prevail.

            Delegates Fluharty and Pushkin moved to amend the amendment on page two, section six, line twenty-six, following the words “Families Program”, by striking out the period and inserting the words “or state legislator.”

On page two, section six, line thirty-two, by striking out the word “or”.

And,

On page two, section six, line thirty-five, by striking out the period and inserting a semi-colon and the following:

“or

(3) In the case of a state legislator, the legislator has been convicted of a drug-related offense within the past three years.  Upon a positive test, the legislator shall undergo the treatment program as established by this section.  Failure to undergo and successfully complete the treatment program will result in the Legislature forfeiting all pay and expense reimbursement that the legislator would be otherwise be entitled to.”

Delegate Ellington arose to a point of order as to the germaneness of the amendment.

To the point of order the Speaker replied, stating that the purpose of the amendment was not germane to the fundamental purpose of the bill.

Delegate Fluharty the appealed the ruling of the Chair, which demand was sustained. 

Delegate Fluharty then, by unanimous consent, withdrew his appeal.

Delegate Hornbuckle moved to amend the amendment on page one, lines one and two, by striking out the enacting section, and inserting in lieu thereof, the following:

“That the Code of West Virginia, 1931, as amended, be amended by adding thereto two new sections, designated §9-3-6 and §9-3-7, all to read as follows:”

And,

On page six, line one hundred thirty-six, following the period, by inserting a new section 7, to read as follows:

“9-3-7. Application for and granting assistance for funding of private projects.

            (a) As used in this section:

(1) ‘Applicant’ means a person who is applying for a funding from the state for a private project funded by state dollars, and if the applicant is a corporation or other business entity that is an association, corporation or partnership, then the chief operating officers or if none exists, principals of the entity are subject to the provisions of this section;

(2) ‘Drug test’ means a drug test which tests urine for Amphetamines (amphetamine and methamphetamine) Cocaine, Marijuana, Opiates (codeine and morphine), Phencyclidine, Barbiturates, Benzodiazepines, Methadone, Propoxyphene and Expanded Opiates (oxycodone, hydromorphone, hydrocodone, oxymorphone); and

(3) ‘Secretary’ means the secretary of the department or his or her designee.

(b)  Each applicant for any private construction project or other activity which is receiving ten percent or more of its funding by a grant, loan, bond issuance, tax increment financing or other state sponsored program or initiative to finance the project, that upon completion will be privately owned by the applicant or other private person or entity, the applicant shall submit verification of a drug test as a precondition for receipt of funding.  The Secretary shall promulgate legislative rules pursuant to article three, article twenty-nine-a of the code, necessary to effectuate the provisions of this section.  A positive result for any drug test results in the applicant being ineligible to receive any government funding.”

            Delegate O’Neal arose to a point of order as to the germaneness of the amendment.

To the point of order the Speaker replied, stating that the purpose of the amendment was not germane to the fundamental purpose of the bill.

            Delegates Fleischauer, Folk, Pushkin, Perdue, Skinner, Hornbuckle, McGeehan and Azinger moved to amend the amendment on page two, section six, lines twenty-nine through thirty-five, by striking out subsection (c) in its entirety.

            On page four, section six, line thirty-six by re-lettering subsection (d) to subsection (c).

            On pages three and four, section six, lines thirty-nine through forty-five, by striking out subsection (e) in its entirety, and inserting in lieu thereof, the following:

“(e) Issuance and execution of warrants shall be as follows:
            (1) A judge of any court of record in this state having criminal jurisdiction, and upon proper oath or affirmation showing probable cause, may issue warrants for the purpose of authorizing drug tests under this act or rules hereunder.
            (2) A warrant shall issue only upon an affidavit of a case worker or designated officer having knowledge of the facts alleged, sworn to before the judge and establishing the grounds for issuing the warrant. Grounds for determining probable cause may include:

            (i) The results of the drug screen;
            (ii) Convictions for drug -related offenses within 3 years of the date of application;
            (iii) Observations of the case worker during the application process;
            (iv) Any other information volunteered during the application or which is otherwise publicly available;
            (3) If the judge is satisfied that grounds for the application exist or that there is probable cause to believe they exist, the judge shall issue a warrant authorizing collection of a urine sample for drug test for the purposes of determining eligibility for TANF  benefits as provided for in this section.  The warrant shall:
            (i) State the grounds for its issuance and the name of each person whose affidavit has been taken in support thereof;
            (ii) Be directed to a person or agency authorized to execute it;
            (iii) Command the person to whom it is directed to provide a urine sample pursuant to administrative rules;
            (iv) Direct that it be served during normal business hours and designate the judge to whom it shall be returned.
            (4) A warrant issued pursuant to this section must be executed within ten days of its date unless, upon a showing of a need for additional time, the court orders otherwise. Upon issuance of a warrant an applicant shall be required to complete a drug test. The cost of administering the drug test is the responsibility of the Department of Health and Human Resources. Any applicant whose drug test results are positive may request that the drug test specimen be sent to an alternative drug-testing facility for additional drug testing. Any applicant who requests an additional drug test at an alternative drug-testing facility shall be required to pay the cost of the alternative drug test.”

And,

By renumbering the subsequent subsections accordingly.

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

The yeas and nays having been ordered, they were taken (Roll No. 434), and there were--yeas 38, nays 54, absent and not voting 8, with the yeas and absent and not voting being as follows:

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

Absent and Not Voting: Deem, Flanigan, Hanshaw, Kessinger, Lane, Moore, J. Nelson and Romine.

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

There being no further amendments, the amendment recommended by the Committee on the Judiciary was adopted.

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 43, Clarifying means of posting to prohibit hunting or trespassing; 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 §20-2-8 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §61-3B-1 of said code be amended and reenacted, all to read as follows:

CHAPTER 20.  NATURAL RESOURCES.

ARTICLE 2.  WILDLIFE RESOURCES.

§20-2-8.  Posting unenclosed lands; hunting, etc., on posted land.

The owner, lessee or other person entitled to possession of unenclosed lands may have erected and maintained signs or placards legibly printed, easily discernible, conspicuously posted and reasonably spaced or, alternatively, may mark the posted land as set forth in section one, article three-b, chapter sixty-one of this code, so as to indicate the territory in which hunting, trapping or fishing is prohibited.

Any person who enters upon the unenclosed lands of another which have been lawfully posted, for the purpose of hunting, trapping or fishing, shall be guilty of a misdemeanor.  The officers charged with the enforcement of the provisions of this chapter shall have the duty to enforce the provisions of this section if requested to do so by such owner, lessee, person or agent, but not otherwise.

CHAPTER 61.  CRIMES AND THEIR PUNISHMENTS.

ARTICLE 3B.  TRESPASS.

§61-3B-1.  Definitions.

As used in this article:

(1) ‘Structure’ means any building of any kind, either temporary or permanent, which has a roof over it, together with the curtilage thereof.

(2) ‘Conveyance’ means any motor vehicle, vessel, railroad car, railroad engine, trailer, aircraft or sleeping car, and ‘to enter a conveyance’ includes taking apart any portion of the conveyance.

(3) An act is committed ‘in the course of committing’ if it occurs in an attempt to commit the offense or in flight after the attempt or commission.

(4) ‘Posted land’ is land that has:

(A) Land upon which reasonably maintained signs are Signs placed not more than five hundred feet apart, along and at each corner of the boundaries of the land. upon which signs there appears, prominently in The signs shall be reasonably maintained, with letters of not less than two inches in height and the words ‘no trespassing’. and in addition thereto the name of the owner, lessee or occupant of the land.  The signs shall be placed along the boundary line and at all roads, driveways and gates of entry onto the of posted land in a manner and in a position so as to be clearly noticeable from outside of the boundary line; or

(B) Boundaries marked with clearly visible purple painted markings, consisting of two horizontal, parallel lines, each no less than twelve inches in length and two inches in height, affixed to immovable, permanent objects that are no more than five hundred feet apart.  Signs shall also be posted at all roads, driveways or gates of entry onto the posted land so as to be clearly noticeable from outside of the boundary line.

(C) It shall not be It is not necessary to give notice by posting on any enclosed land or place not exceeding five acres in area on which there is a dwelling house or property that by its nature and use is obviously private in order to obtain the benefits of this article pertaining to trespass on enclosed lands.

(5) ‘Cultivated land’ is that land which has been cleared of its natural vegetation and is presently planted with a crop, orchard, grove, pasture or trees or is fallow land as part of a crop rotation.

(6) ‘Fenced land’ is that land which has been enclosed by a fence of substantial construction, whether with rails, logs, post and railing, iron, steel, barbed wire, other wire or other material, which stands at least three feet in height.   For the purpose of this article, it shall not be necessary to fence any boundary or part of a boundary of any land which is formed by water and is posted with signs pursuant to the provisions of this article.

(7) Where lands are posted, cultivated or fenced as described herein, then such lands, for the purpose of this article, shall be considered as enclosed and posted.

(8) ‘Trespass’ under this article is the willful unauthorized entry upon, in or under the property of another, but shall not include the following:

(a) (A) Entry by the state, its political subdivisions or by the officers, agencies or instrumentalities thereof as authorized and provided by law.

(b) (B) The exercise of rights in, under or upon property by virtue of rights-of-way or easements by a public utility or other person owning such right-of-way or easement whether by written or prescriptive right.

(c) (C) Permissive entry, whether written or oral, and entry from a public road by the established private ways to reach a residence for the purpose of seeking permission shall not be trespass unless signs are posted prohibiting such entry.

(d) (D) Entry performed in the exercise of a property right under ownership of an interest in, under or upon such property.

(e) (E) Entry where no physical damage is done to property in the performance of surveying to ascertain property boundaries, and in the performance of necessary work of construction, maintenance and repair of a common property line fence, or buildings or appurtenances which are immediately adjacent to the property line and maintenance of which necessitates entry upon the adjoining owner’s property.”

            On motion of Delegate Ireland the Judiciary Committee amendment was amended on page two, subdivision (4), paragraph (B), lines 17-21, by striking out paragraph (B) in its entirety and inserting in lieu thereof the following:

            “Boundaries marked with a clearly visible purple painted marking, consisting of one vertical line no less than eight inches in length and two inches in width, and the bottom of the mark not less than three nor more than six feet from the ground or normal water surface.  Such marks shall be affixed to immovable, permanent objects that are no more than one hundred feet apart and readily visible to any person approaching the property.  Signs shall also be posted at all roads, driveways or gates of entry onto the posted land so as to be clearly noticeable from outside the boundary line.”

            The Judiciary Committee amendment, as amended, was then adopted.

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 195, Authorizing DHHR to promulgate legislative rules; 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 page two, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:

ARTICLE 5. Authorization for department of health and human resources to promulgate legislative rules.

§64-5-1. Department of Health and Human Resources.

(a) The legislative rule effective on December 29, 1967, authorized under the authority of section seven, article one, chapter sixteen of this code, relating to the Department of Health and Human Resources (preliminary requirement for approval by the West Virginia Department of Health of a laboratory for a specified technique, 64 CSR 26), is repealed.

 (b) The legislative rule effective on December 29, 1967, authorized under the authority of section seven, article one, chapter sixteen of this code, relating to the Department of Health and Human Resources (ice cream and frozen milk, 64 CSR 28), is repealed.

 (c) The legislative rule effective on May 16, 1983, authorized under the authority of section seven, article five-a, chapter sixteen of this code, relating to the Department of Health and Human Resources (establishment of a Controlled Substances Therapeutic Research Program and the certification of patients, practitioners and hospital pharmacies, 64 CSR 33), is repealed.

(d) The legislative rule effective on May 30, 1983, authorized under the authority of section twelve, article three, chapter sixteen of this code, relating to the Department of Health and Human Resources (instillation of medication in the eyes of the newborn and the dissemination of advice and information concerning the dangers of inflammation of the eyes of the newborn, 64 CSR 35), is repealed.

 (e) The interpretive rule effective on April 6, 1984, authorized under the authority of section fifteen-a, article one, chapter sixteen of this code, relating to the Department of Health and Human Resources (health facilities plan for the fiscal years 1985-89, 64 CSR 37), is repealed.

(f) The interpretive rule effective on October 1, 1971, authorized under the authority of section seven, article one, chapter sixteen of this code, relating to the Department of Health and Human Resources (design, information and procedural manual for mobile home parks, 64 CSR 41), is repealed.

(g)  The legislative rule filed in the State Register on July 31, 2015, authorized under the authority of section four, article one, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 8, 2015, relating to the Department of Health and Human Resources (emergency medical services, 64 CSR 48), is authorized with the following amendments:

On page thirty-one, paragraph 6.5.d.2,  by striking out the phrase “one (1) year” and inserting in lieu thereof, the phrase “one hundred twenty (120) days”;

On page thirty-one, paragraph 6.5.d.3,  by striking out the phrase “one (1) year” and inserting in lieu thereof, the phrase “one hundred twenty (120) days”;

On page thirty-one, paragraph 6.6., by striking out the phrase “two (2)” and inserting “four (4)”

On page thirty-five, paragraph 6.14b, after the word “establish” by removing the words “by a procedural rule” and inserting the word “a”;

And,

On page fifty-seven, by inserting a new section twelve to read as follows:

§64-48-12.  Community Paramedicine Demonstration Projects.

12.1 Establishment of community paramedicine demonstration projects. The Director may establish up to 6 demonstration projects for the purpose of developing and evaluating a community paramedicine program. A demonstration project established pursuant to this section may not exceed 2 years in duration.

12.2 As used in this section, “community paramedicine” means the practice by an emergency medical services provider primarily in an out-of-hospital setting of providing episodic patient evaluation, advice, and care directed at preventing or improving a particular medical condition which may require emergency medical services providers to  function outside their customary emergency response and transport roles, as specifically requested or directed by a physician, in ways that facilitate more appropriate use of emergency care resources and enhance access to primary care for medically vulnerable populations.

12.3 The Director shall establish the requirements and application and approval process of demonstration projects established pursuant to this section. At a minimum, an emergency medical services provider that conducts a demonstration project shall:

12.3.a. Demonstrate the financial sustainability of its project through reliable funding sources;

12.3.b. Work with an identified primary care medical director and have an emergency medical services medical director;

12.3.c. Submit protocols for approval by the MPCC and the Commissioner;  and

12.3.d. Collect and submit data and written reports to the Director, in accordance with requirements established by the Director.”

12.4. At the end of two years any demonstration project authorized by the Director will terminate and the Director shall submit a written report to the Commissioner, including specific data on utilization of the program, the improvement in quality of care and care coordination in the community, and the reduction of health care costs with respect to ambulance transportation, hospital emergency department visits, and hospital readmissions.  Upon receipt of the annual report, OEMS and the Commissioner shall evaluate the demonstration project and determine how to further develop community paramedicine and whether to expand its scope.”

(h) The legislative rule filed in the State Register on July 27, 2015, authorized under the authority of section four, article one, chapter sixteen of this code, relating to the Department of Health and Human Resources (fees for service, 64 CSR 51), is authorized with the following amendments:

To Appendix A of 64 CSR 51 at Section1. (Fees for Environmental Chemistry Laboratory Services), B. Organic Compounds, by including a new paragraph 8 to read as follows:

Harmful Algae Bloom (HAB)

a.     Screening analyses for each individual toxin:

Analyses may include, but are not limited to, Microcystin, Cylindrospermopsin, Anatoxin-a, Saxitoxin and B-Methylamino-L-alanine.  $65

b.     Confirmation of each individual toxin:

Analyses may include, but are not limited to, Microcystin, Cylindrospermopsin, Anatoxin-a, Saxitoxin and B-Methylamino-L-alanine.  $65  

 (i) The interpretive rule effective on August 1, 1987, authorized under the authority of article three-b, chapter sixteen of this code, relating to the Department of Health and Human Resources (pertussis guidelines, 64 CSR 52), is repealed.

 (j) The legislative rule effective on June 1, 1987, authorized under the authority of section two, article three-a, chapter sixteen of this code, relating to the Department of Health and Human Resources (hazardous materials treatment information repository, 64 CSR 53), is repealed.

(k) The legislative rule filed in the State Register on July 27, 2015, authorized under the authority of section four, article one, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 23, 2015, relating to the Department of Health and Human Resources (infectious medical waste, 64 CSR 56), is authorized.

 (l) The legislative rule effective on April 18, 1988, authorized under the authority of section four, article three, chapter sixteen of this code, relating to the Department of Health and Human Resources (immunization criteria for transfer students, 64 CSR 58), is repealed.

(m) The legislative rule filed in the State Register on July 27, 2015, authorized under the authority of section four, article one, chapter sixteen of this code, relating to the Department of Health and Human Resources (AIDS-related medical testing and confidentiality, 64 CSR 64), is authorized.

 (n) The legislative rule effective on April 22, 1992, authorized under the authority of section twenty-two, article five, chapter eighteen of this code, relating to the Department of Health and Human Resources (specialized health procedures in public schools, 64 CSR 66), is repealed.

(o) The legislative rule filed in the State Register on July 27, 2015, authorized under the authority of section two, article three-d, chapter sixteen of this code, relating to the Department of Health and Human Resources (tuberculosis testing, control, treatment and commitment, 64 CSR 76), is authorized.

 (p) The legislative rule filed in the State Register on July 27, 2015, authorized under the authority of section four, article thirty-five, chapter nineteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 23, 2015, relating to the Department of Health and Human Resources (farmers market vendors, 64 CSR 102), is authorized with the following amendments:

On page five, section 4, subsection 9, subdivision b, by striking out the words “30th day of June” and inserting in lieu thereof the words “31st day of December”.

 (q) The legislative rule filed in the State Register on July 27, 2015, authorized under the authority of section four, article one, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 23, 2015, relating to the Department of Health and Human Resources (the certification of opioid overdose prevention and treatment training programs, 64 CSR 104), is authorized.

(r) The procedural rule effective on December 28, 1989, authorized under the authority of section three, article nine-a, chapter six of this code, relating to the Department of Health and Human Resources (procedural rules for the advisory Committee for the Omnibus Health Care Act, 69 CSR 4), is repealed.

(s)  The legislative rule filed in the State Register on July 31, 2015, authorized under the authority of section four, article one, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 8, 2015, relating to the Department of Health and Human Resources (chronic pain management licensure, 69 CSR 8), is authorized with the following amendments:

On page three, subdivision 3.1.b, by reinserting the stricken language ‘in any one month’;

And,

On page three, subdivision 3.1.c, after the word, ‘office’ by reinserting the stricken language ‘in any one month’ and after the word, ‘office’ by reinserting the stricken language ‘in any one month’.

And,

On page five, subdivision 4.1.d., by inserting the word “designated” before the term “physician owner”;

And,

On page sixteen, subparagraph 10.2.c.6, after the word, every by removing, ‘90’ and inserting ‘60’;

And,

On page twenty, by inserting new subdivision 11.7.n to read as follows: ’11.7.n A record of all cash transactions.’”

(t) The legislative rule filed in the State Register on July 31, 2015, authorized under the authority of section four, article one, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 8, 2015, relating to the Department of Health and Human Resources (neonatal abstinence centers, 69 CSR 9), is authorized with the following amendments: 

On page fourteen, paragraph 5.5.a.1, after the word, ‘field’ by inserting the words, ‘at the discretion of the governing body’; and On page 14, paragraph 5.5.a.2, after the word, ‘field’ by inserting the words, ‘at the discretion of the governing body’;

And,

On page twenty-one21, subdivision 6.8.a, by striking it in its entirety and inserting in lieu thereof, ‘6.8.a The center shall be located within fifteen minutes of a hospital.’;

And,

On page twenty-two, subdivision 6.9.b, by striking ‘sources such as railroads, freight yards, traffic arteries and airports’;

And,

On page thirty, subdivision 7.9.f by striking the word, ‘Mothers’ and inserting the word, ‘Parents’;

And,

On page thrity-six subdivision 9.5.a by striking the word, ‘shall’ and inserting the word, ‘may’;

And,

On page thirty-seven, subdivision 9.8.a, after the word, ‘all’ by inserting, ‘patient care’; On page 37, subdivision 9.8.b, after the word, ‘all’ by inserting, ‘patient care’; On page 37, subdivision 9.8.c, after the word, ‘all’ by inserting, ‘patient care’; and On page 38, subdivision 9.8.d, after the word, ‘new’ by inserting, ‘patient care’

And,

On page fifty-two, subsection 14.1 by striking the word, ‘Mothers’ and inserting the word, ‘Parents’; On page fifty-three, subdivision 14.2.a. by striking the word, ‘Mothers’ and inserting the word, ‘Parents’; and On page 53, subdivision 14.2.b. by striking the word, ‘Mothers’ and inserting the word, ‘Parents’.”

(u) The legislative rule filed in the State Register on July 31, 2015, authorized under the authority of section nine, article forty-nine, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 23, 2015, relating to the Department of Health and Human Resources (West Virginia clearance for access; registry and employment screening, 69 CSR 10), is authorized , with the following amendments:

On page two, subsection 2.5, by deleting the period at the end of the subsection, and by inserting a comma and new language as follows:  “and any provider authorized by the Secretary.”

And,

On page three, subdivisions 2.11.i. and 2.11.j. by renumbering them 2.10.i and 2.10.j. and by inserting the word “Felony” before the word “crimes”;

And,

On page four, after subsection 5.2, insert new language as follows:

“5.3 If the Secretary’s review of an applicant’s criminal history record information reveals a pending charge that has not received a final disposition, the following shall apply:

5.3.a.  If the pending charge is a disqualifying misdemeanor offense, and the applicant has not had a conviction for a disqualifying offense in the last seven years, the Secretary shall provide written notice to the covered provider or covered contractor advising that the applicant is eligible for work. 

5.3.b. If the pending charge is a disqualifying felony offense, the Secretary shall provide written notice to the covered provider or covered contractor advising that the applicant is ineligible for work, unless a variance has been requested or granted. 

5.3.c. Once a final disposition has been made on the pending charge, the Secretary shall review the criminal history record information de novo in accordance§ with the provisions of this rule and W.Va. Code §16-49-1 et seq.” 

And renumber the remaining subsections. 

(v) The legislative rule filed in the State on July 31, 2015, authorized under the authority of section one hundred twenty-one, article two, chapter forty-nine of this code, relating to the Department of Health and Human Resources (child care licensing requirements, 78 CSR 1), is authorized.

 (w) The legislative rule effective on November 1, 1985, authorized under the authority of article four, chapter forty-nine of this code, relating to the Department of Health and Human Resources (incorporation of the handicapped children services manual, 78 CSR 9), is repealed.

(x) The legislative rule effective on June 15, 1989, authorized under the authority of section three, article five, chapter forty-eight-a of this code, relating to the Department of Health and Human Resources (termination of income withholding, 78 CSR 11), is repealed.

 (y) The legislative rule effective on June 15, 1989, authorized under the authority of section fifteen, article two, chapter forty-eight-a of this code, relating to the Department of Health and Human Resources (obtaining support from federal and state income tax refunds, 78 CSR 12), is repealed.

(z) The legislative rule effective on June 15, 1989, authorized under the authority of section eleven, article two, chapter forty-eight-a of this code, relating to the Department of Health and Human Resources (interstate income withholding, 78 CSR 13), is repealed.

(aa) The legislative rule effective on June 15, 1989, authorized under the authority of section nineteen, article two, chapter forty-eight-a of this code, relating to the Department of Health and Human Resources (providing information to credit reporting agencies, 78 CSR 14), is repealed.

(bb) The legislative rule filed in the State Register on July 31, 2015, authorized under the authority of section one hundred twenty-one, article two, chapter forty-nine of this code, relating to the Department of Health and Human Resources (family child care facility licensing requirements, 78 CSR 18), is authorized.

(cc) The legislative rule filed in the State Register on July 31, 2015, authorized under the authority of section one hundred twenty-one, article two, chapter forty-nine of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-making Review Committee and refiled in the State Register on October 28, 2015, relating to the Department of Health and Human Resources (family child care home registration requirements, 78 CSR 19), is authorized.  

(dd) The legislative rule filed in the State Register on July 31, 2015, authorized under the authority of section eleven, article nine, chapter nine of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-making Review Committee and refiled in the State Register on November 13, 2015, relating to the Department of Health and Human Resources (W.Va. Works Program sanctions, 78 CSR 23), is authorized with the following amendments:

            On page three, by striking section 4 in its entirety and inserting in lieu thereof a new section four to read as follows:

            “The sanctions are applied in the form of termination of benefits for a specific length of time.  The length of termination of benefits is determined as follows:

            First sanction – entire assistance group ineligible for one month;

            Second sanction – entire assistance group ineligible for six months;

            Third sanction – entire assistance group ineligible for one year; but may reapply within one year.”

(ee) The legislative rule filed in the State Register on July 31, 2015, authorized under the authority of section sixteen, article thirty, chapter thirty of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 8, 2015, relating to the Department of Health and Human Resources (qualifications for a restricted provisional license to practice as a social worker within the department, 78 CSR 24), is authorized.

(ff) The legislative rule filed in the State Register on July 31, 2015, authorized under the authority of section one hundred twenty-six, article two, chapter forty-nine of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 22, 2015, relating to the Department of Health and Human Resources (goals for foster children, 78 CSR 25), is authorized.

§64-5-2. Health Care Authority.

(a) The legislative rule effective on May 5, 1984, authorized under the authority of section one, article twenty-nine-b, chapter sixteen of this code, relating to the Health Care Authority (freeze on hospital rates and granting of temporary rate increases, 65 CSR 2), is repealed.

(b) The legislative rule effective on May 20, 1985, authorized under the authority of section eight, article twenty-nine-b, chapter sixteen of this code, relating to the Health Care Authority (Utilization Review and Quality Assurance Program – Phase 1, 65 CSR 4), is repealed.

(c) The legislative rule effective on April 10, 1984, authorized under the authority of section one, article twenty-nine-b, chapter sixteen of this code, relating to the Health Care Authority (limitation on hospital gross patient revenue, 65 CSR 8), is repealed.

(d) The legislative rule effective on June 24, 1993, authorized under the authority of section four, article two-d, chapter sixteen of this code, relating to the Health Care Authority (exemption for rural primary care hospitals, 65 CSR 25), is repealed.

§64-5-3. Human Rights Commission.

The legislative rule filed in the State Register on July 31, 2015, authorized under the authority of section four, article eleven-b, chapter five of this code, modified by the Human Rights Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 8, 2015, relating to the Human Rights Commission (Pregnant Workers’ Fairness Act, 77 CSR 10), is authorized with the amendments set forth below:

On pages  one through three, sections 1 through 5, by striking out all of sections 1 through 5 and inserting in lieu thereof the following:

§77-10-1. General.

1.1.         

1.2.        Scope. The following legislative rule series, filed pursuant to the West Virginia Pregnant Workers’ Fairness Act (PWFA), W. Va. Code §5-11B-1 et seq., sets forth definitions and identifies some reasonable accommodations addressing known limitations related to pregnancy, childbirth, or related medical conditions. 

1.3.        Authority. – W. Va. Code §5-11B-4.

1.4.        Filing date. – July 31, 2015.

1.5.        Effective Date. –

§77-10-2. Definitions.

2.1. “Affected by pregnancy” means a woman who is pregnant or is experiencing medical conditions related to her pregnancy which has ended.

2.2. “Undue hardship” – In general, the term “undue hardship” means an action requiring significant difficulty or expense, when considered in light of the factors set forth in subdivision 2.2.1.

2.2.1.   Factors to be considered. In determining whether an accommodation would impose an undue hardship on a covered entity, factors to be considered include:

2.2.1.a.  The nature and cost of the accommodation needed under this article;

2.2.1.b.  The overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation; the number of persons employed at such facility; the effect on expenses and resources, or the impact otherwise of such accommodation upon the operation of the facility;

2.2.1.c.  The overall financial resources of the covered entity; the overall size of the business of a covered entity with respect to the number of its employees; the number, type, and location of its facilities; and

2.2.1.d.  The type of operation or operations of the covered entity, including the composition, structure, and functions of the workforce of such entity; the geographic separateness, administrative, or fiscal relationship of the facility or facilities in question to the covered entity.

2.3. “Reasonable accommodation” – The term “reasonable accommodation” may include:

2.3.1.   Making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and

2.3.2.   Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.

2.4. “Related medical conditions” means physical and mental symptoms or limitations relating to or caused by a pregnancy, including but not limited to, miscarriage, complications of pregnancy or childbirth, gestational diabetes, pregnancy-induced hypertension, after-effects of delivery, post-partum depression, and lactation: Provided, That an elective abortion shall not be considered a related medical condition.

2.5. “Covered Entity” means the state, or any political subdivision thereof, and any person employing twelve or more persons within the state for twenty or more calendar weeks in the calendar year in which the act of discrimination allegedly took place or the preceding calendar year: Provided, That such terms shall not be taken, understood or construed to include a private club.

2.6. “Person” means one or more individuals, partnerships, associations, organizations, corporations, labor organizations, cooperatives, legal representatives, trustees, trustees in bankruptcy, receivers and other organized groups of persons.

§77-10-3. Examples of Reasonable Accommodations.

3.1. Reasonable accommodations that may be made by a covered entity include, but are not limited to:

3.1.1. Bathroom breaks;

3.1.2. Breaks for increased water intake;

3.1.3. Periodic rest;

3.1.4. Assistance with manual labor;

3.1.5. Providing time off for prenatal medical appointments;

3.1.6. Modified work policies or procedures;

3.1.7. Temporary transfers to less strenuous or less hazardous work;

3.1.8. Allowing for more time or more frequent eating;

3.1.9. Allowing time for taking prescribed medications; and

3.1.10. Providing access to existing facilities that are more convenient and usable by a woman affected by pregnancy.”

            On motion of Delegate Ellington, the amendment recommended by the Committee on the Judiciary was amended on page six, line ninety-three after the colon by striking the remainder of subsection (s) and inserting the following:

“On page three, after subsection 2.24, by inserting new language as follows:

“2.25. Terminal Condition – an illness or disease that cannot be cured and the medical prognosis is that the individual’s life expectancy is six months or less if the illness runs its normal course.”

And, renumbering the remaining subsections.

And,

On page three, subdivision 3.1.b, by striking the word ‘prescribers’ and inserting ‘clinic’ and inserting after the word ‘conditions’ the phrase ‘that are not terminal’. On page three, subdivision 3.1.b, by reinserting the stricken language ‘in any one month’;

And,

On page three, subdivision 3.1.c, after the word, ‘office’ by reinserting the stricken language ‘in any one month’ and after the word, ‘office’ by reinserting the stricken language ‘in any one month’;

And,

On page four, subdivision 3.1.c, by inserting after the word ‘pain’ the phrase ‘for conditions that are not terminal’;

And,

On page four, subdivision 3.1.d, by inserting after the period the following language:

‘Clinics below the fifty percent patient calculation threshold will be subject to continued monitoring by the Office of Health Facility Licensure and Certification for changes in the patient ratio.  Failure to cooperate with requests for information to verify patient calculations may subject the clinic to penalties and equitable relief pursuant to Section 18 of this rule.’;

And,

On page four, after subdivision 3.1.d, inserting new language as follows:

‘3.1.e.  A pain clinic shall not offer a bounty, monetary or equipment or merchandise reward, or free services for individuals in exchange for recruitment of new patients into the clinic.  A pain clinic shall not recruit new patients for the purpose of attempting to circumvent the licensure requirements of this rule.’;

And,

On page five, by striking subparagraph 3.2.i.2. in its entirety;

And,

On page five, subdivision 4.1.d., by inserting the word ‘designated’ before the term ‘physician owner’;

And,

On page nine, subsection 5.4, by inserting after the period the following:

‘If access is denied, a judge of any court of record in this state having criminal jurisdiction, and upon proper oath or affirmation showing probable cause, may issue administrative warrants for the purpose of conducting inspections and seizures of property appropriate to the inspections.’;

And,

On page sixteen, subparagraph 10.2.c.6, after the word, every by removing, ‘90’ and inserting ‘60’;

And,

On page twenty, by inserting new subdivision 11.7.n to read as follows: ‘11.7.n A record of all cash transactions.’;

And,

On page twenty-six, section 19, by inserting before the word suspended the word ‘denied,’.”

            The Judiciary Committee amendment, as amended, was then adopted.

The bill was then ordered to third reading.

            Com. Sub. for S. B. 326, Repeal and recodify law relating to contributing to delinquency of minor child; on second reading, coming up in regular order, was read a second.

An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:

“That §49-4-901 and §49-4-902 of the Code of West Virginia, 1931, as amended, be repealed; and that said code be amended by adding thereto a new section, designated §61-8D-10, all to read as follows:

ARTICLE 8D.  CHILD ABUSE.

§61-8D-10.  Contributing to delinquency of a child; penalties; payment of medical costs; proof; court discretion; other payments; suspended sentence; maintenance and care; temporary custody.

(a) Any person eighteen years of age or older who knowingly contributes to or encourages the delinquency of a child is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50 nor more than $500 or confined for a period not exceeding one year or both.

(b) As used in this section, “delinquency” means the violation or attempted violation of any federal or state statute, county or municipal ordinance, or a court order, or the habitual or continual refusal to comply, without just cause, with the lawful supervision or direction of a parent, guardian or custodian.  

 (c) In addition to any penalty provided under this section and any restitution which may be ordered by the court pursuant to section five, article eleven-a of this chapter the court may order any person convicted of a violation of subsection (a) of this section to pay all or any portion of the cost of medical, psychological or psychiatric treatment provided the child resulting from the acts for which the person is convicted.

(d) This section does not apply to any parent, guardian or custodian who fails or refuses, or allows another person to fail or refuse, to supply a child under the care, custody, or control of the parent, guardian, or custodian with necessary medical care, when medical care conflicts with the tenets and practices of a recognized religious denomination or order of which parent, guardian or custodian is an adherent or member.

 (e) It is not an essential element of the offense created by this section that the minor actually be delinquent.

(f) Upon conviction, the court may suspend the sentence of a person found guilty under this section.  A suspended sentence may be subjected to the following terms and conditions:

(1) That offender pay for any and all treatment, support, and maintenance while the child is in the custody of the state or person that the court determines reasonable and necessary for the welfare of the child;

(2) That the offender post a sufficient bond to secure the payment for all sums ordered to be paid under this section, as long as the bond does not exceed $5,000; and

(3) That the offender participate in any program or training that will assist the child in correcting the delinquent behavior or, in the case of neglect, that will assist the offender in correcting his or her behavior that led to violation of this section.

(g)(1) The penalty of a bond given upon suspension of a sentence which becomes forfeited is recoverable without a separate suit.  The court may cause a citation or a summons to issue to the principal and surety, requiring that they appear at a time named by the court, not less than ten days, from the issuance of the summons, and show cause why a judgment should not be entered for the penalty of the bond and execution issued against the property of the principal and the surety.

(2) Any money collected or paid upon an execution, or upon the bond, shall be deposited with the clerk of the court in which the bond was given.  The money shall be applied first to the payment of all court costs and then to the treatment, care, or maintenance of the child who was at issue when the offender was convicted of this section.

(h) If the guilty person had custody of the child prior to conviction, the court or judge may, on suspending sentence, permit the child to remain in the custody of the person, and make it a condition of suspending sentence that the person provides whatever treatment and care may be required for the welfare of the child, and shall do whatever may be calculated to secure obedience to the law or to remove the cause of the delinquency.”

The bill was then ordered to third reading.

            Com. Sub. for S. B. 330, Requiring automobile liability insurers provide 10 days' notice of intent to cancel due to nonpayment of premium; 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, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:

“That §33-6A-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 6A.  CANCELLATION OR NONRENEWAL OF AUTOMOBILE LIABILITY POLICIES.

§33-6A-1. Cancellation prohibited except for specified reasons; notice.

(a) No insurer once having issued or delivered a policy providing automobile liability insurance for a private passenger automobile may, after the policy has been in effect for sixty days, or in case of renewal effective immediately, issue or cause to issue a notice of cancellation during the term of the policy except for one or more of the reasons specified in this section:

(a) (1) The named insured fails to make payments of premium for the policy or any installment of the premium when due;

(b) (2) The policy is obtained through material misrepresentation;

(c) (3) The insured violates any of the material terms and conditions of the policy;

(d) (4) The named insured or any other operator, either residing in the same household or who customarily operates an automobile insured under the policy:

(1) (A) Has had his or her operator's license suspended or revoked during the policy period including suspension or revocation for failure to comply with the provisions of article five-a, chapter seventeen-c of this code regarding consent for a chemical test for intoxication: Provided, That when a license is suspended for sixty days by the Commissioner of the Division of Motor Vehicles because a person drove a motor vehicle while under the age of twenty-one years with an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than eight hundredths of one percent, by weight, pursuant to subsection (l), section two of said article, the suspension may not be grounds for cancellation; or

(2) (B) Is or becomes subject to epilepsy or heart attacks and the individual cannot produce a certificate from a physician testifying to his or her ability to operate a motor vehicle; or

(e) (5) The named insured or any other operator, either residing in the same household or who customarily operates an automobile insured under such policy, is convicted of or forfeits bail during the policy period for any of the following reasons:

(1) (A) Any felony or assault involving the use of a motor vehicle;

(2) (B) Negligent homicide arising out of the operation of a motor vehicle;

(3) (C) Operating a motor vehicle while under the influence of alcohol or of any controlled substance or while having an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight;

(4) (D) Leaving the scene of a motor vehicle accident in which the insured is involved without reporting it as required by law;

(5) (E) Theft of a motor vehicle or the unlawful taking of a motor vehicle;

(6) (F) Making false statements in an application for a motor vehicle operator's license; or

(7) (G) Three or more moving traffic violations committed within a period of twelve months, each of which results in three or more points being assessed on the driver's record by the Division of Motor Vehicles, whether or not the insurer renewed the policy without knowledge of all such violations. Notice of any cancellation made pursuant to this subsection shall be mailed to the named insured either during the current policy period or during the first full policy period following the date that the third moving traffic violation is recorded by the Division of Motor Vehicles.

(b) Notwithstanding any of the provisions of this section to the contrary, no insurer may cancel a policy of automobile liability insurance without first giving the insured thirty days' notice of its intention to cancel: Provided, That the insurance policy is voidable from the effective date and time of the policy issued by the insurer if the insurer cancels the policy for failure of consideration to be paid by the insured upon initial issuance of the insurance policy and provides written notice to the insured of the cancellation within fifteen days of receipt of notice of the failure of consideration and consideration has not otherwise been provided within ten days of the notice of cancellation. Notice of cancellation for nonpayment of consideration shall be delivered to the named insured or sent by first class mail to the named insured at the address supplied on the application for insurance and shall state the effective date of the cancellation and shall be accompanied by a written explanation of the specific reason for the cancellation. If the insurer fails to provide such written notice to the insured, then the cancellation of the policy for failure of consideration is effective upon the expiration of ten days' notice of cancellation to the insured.  Except as provided in subsections (c) and (d), no insurer may cancel a policy of automobile liability insurance without first giving the insured thirty days' notice of its intention to cancel.  Notice of cancellation shall either be sent by first class mail to the named insured at the address supplied on the application for insurance, or by email or other electronic means if at the request of the policyholder in accordance with the Uniform Electronic Transactions Act as codified in chapter thirty-nine-a of this code, and shall state the effective date of the cancellation and provide a written explanation of the specific reason for the cancellation.

(c)  If, pursuant to subsection (a) of this section, an insurer cancels a policy of automobile liability insurance for the failure of the named insured to make payments of premium for the policy or any installment of the premium when due, then the insurer shall first give the insured at least fourteen days’ notice of its intention to cancel.  Notice of cancellation shall be sent by first class mail to the named insured at the address supplied on the application for insurance, or by email or other electronic means if at the request of the policyholder in accordance with the Uniform Electronic Transactions Act as codified in chapter thirty-nine-a of this code, and shall state the effective date of the cancellation and provide a written explanation of the specific reason for the cancellation.  The notice period provided herein shall begin to run on the date mailed and payment shall be deemed accomplished by depositing in first class mail valid payment on or before the expiration date of the fourteen day notice period.

(d)   If a named insured fails to make the initial payment of premium or any initial installment of the premium after the initial issuance of an automobile liability insurance policy, the insurance policy is voidable from the effective date and time the policy was issued:  Provided, That the insurer shall send the insured written notice that the policy will be voided absent payment within ten days of any amounts due under the terms of the policy.  Such notice shall either be sent by first class mail to the named insured at the address supplied on the application for insurance, or by email or other electronic means if at the request of the policyholder in accordance with the Uniform Electronic Transactions Act as codified in chapter thirty-nine-a of this code, and shall explain the specific reason for the voidance.

The bill was then ordered to third reading.

            S. B. 333, Taking and registering of wildlife; 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, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:

“That §20-2-4, §20-2-21 and §20-2-22 of the Code of West Virginia, 1931, be amended and reenacted, all to read as follows:

ARTICLE 2. WILDLIFE RESOURCES.

§20-2-4. Possession of wildlife.

(a) Except for wildlife, lawfully taken, killed or obtained, no person may have in his or her possession any wildlife, or parts thereof, during closed seasons. It is unlawful to possess any wildlife, or parts thereof, which have been illegally taken, killed or obtained. Any wildlife illegally taken, killed or possessed shall be forfeited to the state and shall be counted toward the daily, seasonal, bag, creel and possession limit of the person in possession of, or responsible for, the illegal taking or killing of any wildlife. It is unlawful to take, obtain, purchase, possess, or maintain in captivity, any live wildlife, wild animals, wild birds, game or fur-bearing animals except as provided by this chapter or any rule promulgated thereunder.

(b) Wildlife lawfully taken outside of this state is subject to the same laws and rules as wildlife taken within this state.

(c) Migratory wild birds may be possessed only in accordance with the Migratory Bird Treaty Act, 16 U. S. C. §703, et seq., and its regulations.

(d) The restrictions in this section do not apply to the director or duly authorized agents, who may take or maintain in captivity any wildlife for the purpose of carrying out the provisions of this chapter.

(e) Wildlife, except protected birds, elk, spotted fawn and bear cubs, killed or mortally wounded as a result of being accidentally or inadvertently struck by a motor vehicle may be lawfully possessed if the possessor of the wildlife provides notice of the claim within twelve hours to a relevant law-enforcement agency and obtains a nonhunting game tag within twenty-four hours of possession. The director shall propose administrative policy which addresses the means, methods and administrative procedures for implementing the provisions of this section.

(f) Persons required to deliver wildlife to an official checking station shall, are required to electronically register deer, bear, turkey, wild boar, bobcat, beaver, otter and fisher in accordance with rules promulgated by the director. electronically register the wildlife in lieu of the delivery to an official checking station. "Electronically register" means submission of all necessary and relevant information to the division, in the manner designated by rule in lieu of delivery of the wildlife to an official checking station governing the electronic registration of wildlife. The director may promulgate rules, pursuant to article three, chapter twenty-nine-a of this code, governing the electronic registration of wildlife:  Provided, That the rules shall include a procedure for persons who are not required to obtain licenses or permits under section twenty-eight of this article to register wildlife using identification other than a social security number.  The rules may use a system of a combination of the last four digits of the social security number, date of birth and last name of the person.

§20-2-21. Reporting beaver and otter pelts taken and tagged.

Each trapper shall present electronically register each beaver and otter, or each pelt, to a game checking station or representative of the division within thirty days after the close of a legal season. A tag game tag number provided by the division shall be issued to the person and recorded in writing with the person’s name and address, or on a field tag, and shall be affixed to each beaver and otter or each pelt and remain attached to the animal or pelt until it is processed into commercial fur. A game tag number for each beaver shall be issued to the person and recorded in writing with the person’s name and address and either attached to each beaver or pelt, or the tag number shall be retained by the person in possession of the beavers. The game tag numbers shall remain attached to the animal or pelt or retained by the owner until it is processed into commercial fur.

§20-2-22. Tagging, removing, transporting and reporting bear, deer, wild boar and wild turkey.

(a) Each person killing a bear, deer, wild boar or wild turkey found in a wild state shall either attach a completed field tag to the animal or remain with the animal and have upon his or her person a completed field tag before removing the carcass in any manner from where it was killed.

(b) While transporting the carcass of a bear, deer, wild boar or wild turkey from where it was killed, each person shall either attach a completed field tag to the animal or have upon his or her person a completed field tag.

(c) Upon arriving at a residence, camp, hunting lodge, vehicle or vessel each person shall attach a field tag to the killed bear, deer, wild boar or wild turkey. The field tag shall remain on the carcass until it is retagged with a game tag by a natural resources police officer or an official checking station the animal is electronically registered. The game tag shall remain on the carcass until it is dressed for consumption A game tag number shall be issued to the person and recorded in writing with the person’s name and address, or on a field tag, and shall remain on the carcass until it is dressed for consumption. The game tag number shall remain on the skin or hide until it is tanned or mounted.

(d) If a person who does not possess a field tag kills a bear, deer, wild boar or wild turkey, he or she shall make a tag. The field tag shall bear the name, address and, if applicable, the license number of the hunter and the time, date and county of killing.

(e) The carcass of a wild turkey shall be delivered to a natural resources police officer or an official checking station for checking and retagging before it is either skinned or transported beyond the boundaries of the county adjacent to that in which the kill was made.

(f) The fresh skin and head or carcass of the deer shall be delivered to a natural resources police officer or an official checking station for checking and retagging before it is transported beyond the boundaries of the county adjacent to that in which the kill was made.

(g)(e) A person who kills a bear shall treat the carcass and remains in accordance with the provisions of section twenty-two-a of this article.

(h)(f) For each violation of this section a person is subject to the penalties provided in this article.”

The bill was then ordered to third reading.

            Com. Sub. for S. B. 338, Compiling and maintaining Central State Mental Health Registry; 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 three, section three, following line thirty-six, by adding a new subsection designated as (g) to read as follows:

“(g) To the extent the central state mental health registry contains the names of any children under fourteen years of age on the effective date of this article, the Administrator of the West Virginia Supreme Court of Appeals shall take whatever steps are necessary to remove those individuals from the central state mental health registry.” 

The bill was then ordered to third reading.

            S. B. 416, Allowing terminally ill patients access to investigational products; on second reading, coming up in regular order, was read a second time.

            At the request of Delegate Cowles, and by unanimous consent, the bill was advanced to third reading with amendments pending, and the rule was suspended to permit the consideration of the amendments on that reading.

            Com. Sub. for S. B. 429, Adopting two National Association of Insurance Commissioners’ models to protect enrollees and general public and permit greater oversight; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for S. B. 484, Relating to reemployment rights of military personnel; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for S. B. 597, Relating generally to Health Care Authority; 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, by striking everything after the enacting clause and inserting in lieu thereof the following:

That §16-29B-26 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a two new sections, designated §16-29B-28 and §16-29B-29, all to read as follows:

ARTICLE 29B. HEALTH CARE AUTHORITY.

§16-29B-26.  Exemptions from antitrust laws.

Actions of the board shall be exempt from antitrust action as provided in section five, article eighteen, chapter forty-seven of this code under state and federal antitrust laws. Any actions of hospitals and health care providers under the board’s jurisdiction, when made in compliance with orders, directives, rules, approvals or regulations issued or promulgated by the board, shall likewise be exempt. Health care providers shall be subject to the antitrust guidelines of the federal trade commission and the department of justice.

It is the intention of the Legislature that this chapter shall also immunize cooperative agreements approved and subject to supervision by the authority and activities conducted pursuant thereto from challenge or scrutiny under both state and federal antitrust law: Provided, That a cooperative agreement that is not approved and subject to supervision by the authority shall not have such immunity.

§16-29B-28. Review of Cooperative agreements.

(a)  Definitions. — As used in this section the following terms have the following meanings:

(1)  ‘Academic medical center’ means an accredited medical school, one or more faculty practice plans affiliated with the medical school or one or more affiliated hospitals which meet the requirements set forth in 42 C. F. R. 411.355(e).

(2)  ‘Cooperative agreement’ means an agreement between a qualified hospital which is a member of an academic medical center and one or more other hospitals or other health care providers.  The agreement shall provide for the sharing, allocation, consolidation by merger or other combination of assets, or referral of patients, personnel, instructional programs, support services and facilities or medical, diagnostic, or laboratory facilities or procedures or other services traditionally offered by hospitals or other health care providers.

(3)  ‘Commercial health plan’ means a plan offered by any third party payor that negotiates with a party to a cooperative agreement with respect to patient care services rendered by health care providers.

(4)  ‘Health care provider’ means the same as that term is defined in section three of this article.

(5) ‘Teaching hospital’ means a hospital or medical center that provides clinical education and training to future and current health professionals whose main building or campus is located in the same county as the main campus of a medical school operated by a state university.

(6)  ‘Qualified hospital’ means a teaching hospital, which meets the requirements of 42 C. F. R. 411.355(e) and which has entered into a cooperative agreement with one or more hospitals or other health care providers but is not a critical access hospital for purposes of this section.

(b) Findings. —

(1) The Legislature finds that the state’s schools of medicine, affiliated universities and teaching hospitals are critically important in the training of physicians and other healthcare providers who practice health care in this state.  They provide access to healthcare and enhance quality healthcare for the citizens of this state. 

(2) A medical education is enhanced when medical students, residents and fellows have access to modern facilities, state of the art equipment and a full range of clinical services and that, in many instances, the accessibility to facilities, equipment and clinical services can be achieved more economically and efficiently through a cooperative agreement among a teaching hospital and one or more hospitals or other health care providers.

(c)  Legislative purpose. — The Legislature encourages cooperative agreements if the likely benefits of such agreements outweigh any disadvantages attributable to a reduction in competition.  When a cooperative agreement, and the planning and negotiations of cooperative agreements, might be anticompetitive within the meaning and intent of state and federal antitrust laws the Legislature believes it is in the state’s best interest to supplant such laws with regulatory approval and oversight by the Health Care Authority as set out in this article.  The authority has the power to review, approve or deny cooperative agreements, ascertain that they are beneficial to citizens of the state and to medical education, to ensure compliance with the provisions of the cooperative agreements relative to the commitments made by the qualified hospital and conditions imposed by the Health Care Authority.

(d)  Cooperative Agreements. —

(1) A hospital which is a member of an academic medical center may negotiate and enter into a cooperative agreement with other hospitals or health care providers in the state:

(A) In order to enhance or preserve medical education opportunities through collaborative efforts and to ensure and maintain the economic viability of medical education in this state and to achieve the goals hereinafter set forth; and

(B)  When the likely benefits outweigh any disadvantages attributable to a reduction in competition that may result from the proposed cooperative agreement.

(2) The goal of any cooperative agreement would be to:

(A) Improve access to care; 

(B) Advance health status;

(C) Target regional health issues;

(D) Promote technological advancement;

(E) Ensure accountability of the cost of care;

(F) Enhance academic engagement in regional health;

(G) Preserve and improve medical education opportunities;

(H) Strengthen the workforce for health-related careers; and

(I) Improve health entity collaboration and regional integration, where appropriate.

(3) A qualified hospital located in this state may submit an application for approval of a proposed cooperative agreement to the authority.  The application shall state in detail the nature of the proposed arrangement including the goals and methods for achieving:

(A) Population health improvement;

(B) Improved access to health care services;

(C) Improved quality;

(D) Cost efficiencies;

(E) Ensuring affordability of care;

(F) Enhancing and preserving medical education programs; and

(G) Supporting the authority’s goals and strategic mission, as applicable.

(4) (A) If the cooperative agreement involves a combination of hospitals through merger, consolidation or acquisition, the qualified hospital must have been awarded a certificate of need for the project by the authority, as set forth in article two-d of this chapter prior to submitting an application for review of a cooperative agreement. 

(B) In addition to a certificate of need, the authority may also require that an application for review of a cooperative agreement as provided in this section be submitted and approved prior to the finalization of the cooperative agreement, if the cooperative agreement involves the merger, consolidation or acquisition of a hospital located within a distance of twenty highway miles of the main campus of the qualified hospital, and the authority shall have determined that combination is likely to produce anti-competitive effects due to a reduction of competition. Any such determination shall be communicated to the parties to the cooperative agreement within seven days from approval of a certificate of need for the project.  

(C) In reviewing an application for cooperative agreement, the authority shall give deference to the policy statements of the Federal Trade Commission.

(D) If an application for a review of a cooperative agreement is not required by the authority, the parties to the agreement may then complete the transaction following  a final order by the authority on the certificate of need as set forth in article two-d of this code. The qualified hospital may apply to the authority for approval of the cooperative agreement either before or after the finalization of the cooperative agreement. 

(E)  A party who has received a certificate of need prior to the enactment of this provision during the 2016 regular session of the Legislature may apply for approval of a cooperative agreement whether or not the transaction contemplated thereby has been completed.  

(F)  The complete record in the certificate of need proceeding shall be part of the record in the proceedings under this section and information submitted by an applicant in the certificate of need proceeding need not be duplicated in proceedings under this section. 

(e) Procedure for review of cooperative agreements. —

(1) Upon receipt of an application, the authority shall determine whether the application is complete. If the authority determines the application is incomplete, it shall notify the applicant in writing of additional items required to complete the application. A copy of the complete application shall be provided by the parties to the Office of the Attorney General simultaneous with the submission to the authority.  If an applicant believes the materials submitted contain proprietary information that is required to remain confidential, such information must be clearly identified and the applicant shall submit duplicate applications, one with full information for the authority’s use and one redacted application available for release to the public.     

(2) The authority shall upon receipt of a completed application, publish notification of the application on its website as well as provide notice of such application placed in the State Register. The public may submit written comments regarding the application within ten days following publication. Following the close of the written comment period, the authority shall review the application as set forth in this section.  Within thirty days of the receipt of a complete application the authority may:

(i) Issue a certificate of approval which shall contain any conditions the authority finds necessary for the approval;

(ii)  Deny the application; or

(iii) Order a public hearing if the authority finds it necessary to make an informed decision on the application. 

(3) The authority shall issue a written decision within seventy-five days from receipt of the completed application. The authority may request additional information in which case they shall have an additional fifteen days following receipt of the supplemental information to approve or deny the proposed cooperative agreement.

(4) Notice of any hearing shall be sent by certified mail to the applicants and all persons, groups or organizations who have submitted written comments on the proposed cooperative agreement as well as to all persons, groups or organizations designated as affected parties in the certificate of need proceeding. Any individual, group or organization who submitted written comments regarding the application and wishes to present evidence at the public hearing shall request to be recognized as an affected party as set forth in article two-d of this chapter. The hearing shall be held no later than forty-five days after receipt of the application. The authority shall publish notice of the hearing on the authority’s website fifteen days prior to the hearing. The authority shall additionally provide timely notice of such hearing in the State Register.

(5)  Parties may file a motion for an expedited decision. 

(f)  Standards for review of cooperative agreements. —

(1) In its review of an application for approval of a cooperative agreement submitted pursuant to this section, the authority may consider the proposed cooperative agreement and any supporting documents submitted by the applicant, any written comments submitted by any person and any written or oral comments submitted, or evidence presented, at any public hearing.

(2) The authority shall consult with the Attorney General of this state regarding his or her assessment of whether or not to approve the proposed cooperative agreement.

(3) The authority shall approve a proposed cooperative agreement and issue a certificate of approval if it determines, with the written concurrence of the Attorney General, that the benefits likely to result from the proposed cooperative agreement outweigh the disadvantages likely to result from a reduction in competition from the proposed cooperative agreement.

(4) In evaluating the potential benefits of a proposed cooperative agreement, the authority shall consider whether one or more of the following benefits may result from the proposed cooperative agreement:

(A) Enhancement and preservation of existing academic and clinical educational programs;

(B) Enhancement of the quality of hospital and hospital-related care, including mental health services and treatment of substance abuse provided to citizens served by the authority;

(C)  Enhancement of population health status consistent with the health goals established by the authority;

(D)  Preservation of hospital facilities in geographical proximity to the communities traditionally served by those facilities to ensure access to care;

(E)  Gains in the cost-efficiency of services provided by the hospitals involved;

(F)  Improvements in the utilization of hospital resources and equipment;

(G)  Avoidance of duplication of hospital resources;

(H) Participation in the state Medicaid program; and

(I) Constraints on increases in the total cost of care.

(5) The authority’s evaluation of any disadvantages attributable to any reduction in competition likely to result from the proposed cooperative agreement shall include, but need not be limited to, the following factors:

(A) The extent of any likely adverse impact of the proposed cooperative agreement on the ability of health maintenance organizations, preferred provider organizations, managed health care organizations or other health care payors to negotiate reasonable payment and service arrangements with hospitals, physicians, allied health care professionals or other health care providers;

(B) The extent of any reduction in competition among physicians, allied health professionals, other health care providers or other persons furnishing goods or services to, or in competition with, hospitals that is likely to result directly or indirectly from the proposed cooperative agreement;

(C) The extent of any likely adverse impact on patients in the quality, availability and price of health care services; and

(D) The availability of arrangements that are less restrictive to competition and achieve the same benefits or a more favorable balance of benefits over disadvantages attributable to any reduction in competition likely to result from the proposed cooperative agreement.

(6) (A) After a complete review of the record, including, but not limited to, the factors set out in subsection (e) of this section, any commitments made by the applicant or applicants and any conditions imposed by the authority, if the authority determines that the benefits likely to result from the proposed cooperative agreement outweigh the disadvantages likely to result from a reduction in competition from the proposed cooperative agreement, the authority shall approve the proposed cooperative agreement.

(B) The authority may reasonably condition approval upon the parties’ commitments to:

(i) Achieving improvements in population health;

(ii) Access to health care services;

(iii) Quality and cost efficiencies identified by the parties in support of their application for approval of the proposed cooperative agreement; and

(iv)  Any additional commitments made by the parties to the cooperative agreement.

Any conditions set by the authority shall be fully enforceable by the authority.  No condition imposed by the authority, however, shall limit or interfere with the right of a hospital to adhere to religious or ethical directives established by its governing board. 

(7) The authority’s decision to approve or deny an application shall constitute a final order or decision pursuant to the West Virginia Administrative Procedure Act (§ 29A-1-1, et seq.).  The authority may enforce commitments and conditions imposed by the authority in the circuit court of Kanawha County or the circuit court where the principal place of business of a party to the cooperative agreement is located.

(g)  Enforcement and supervision of cooperative agreements. — The authority shall enforce and supervise any approved cooperative agreement for compliance.

(1) The authority is authorized to promulgate legislative rules in furtherance of this section.  Additionally, the authority shall promulgate emergency rules pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a of this code to accomplish the goals of this section. These rules shall include, at a minimum:

(A) An annual report by the parties to a cooperative agreement.  This report is required to include: 

(i) Information about the extent of the benefits realized and compliance with other terms and conditions of the approval;

(ii)  A description of the activities conducted pursuant to the cooperative agreement, including any actions taken in furtherance of commitments made by the parties or terms imposed by the authority as a condition for approval of the cooperative agreement;

(iii)  Information relating to price, cost, quality, access to care and population health improvement;   

(iv)  Disclosure of any reimbursement contract between a party to a cooperative agreement approved pursuant to this section and a commercial health plan or insurer entered into subsequent to the finalization of the cooperative agreement.  This shall include the amount, if any, by which an increase in the average rate of reimbursement exceeds, with respect to inpatient services for such year, the increase in the Consumer Price Index for all Urban Consumers for hospital inpatient services as published by the Bureau of Labor Statistics for such year and, with respect to outpatient services, the increase in the Consumer Price Index for all Urban Consumers for hospital outpatient services for such year; and

(v) Any additional information required by the authority to ensure compliance with the cooperative agreement.

(B) If an approved application involves the combination of hospitals, disclosure of the performance of each hospital with respect to a representative sample of quality metrics selected annually by the authority from the most recent quality metrics published by the Centers for Medicare and Medicaid Services. The representative sample shall be published by the authority on its website.   

(C) A procedure for a corrective action plan where the average performance score of the parties to the cooperative agreement in any calendar year is below the fiftieth percentile for all United States hospitals with respect to the quality metrics as set forth in (B) of this subsection. The corrective action plan is required to:

(i)  Be submitted one hundred twenty days from the commencement of the next calendar year; and

(ii) Provide for a rebate to each commercial health plan or insurer with which they have contracted an amount not in excess of one percent of the amount paid to them by such commercial health plan or insurer for hospital services during such two-year period if in any two consecutive-year period the average performance score is below the fiftieth percentile for all United States hospitals. The amount to be rebated shall be reduced by the amount of any reduction in reimbursement which may be imposed by a commercial health plan or insurer under a quality incentive or awards program in which the hospital is a participant.

(D)  A procedure where if the excess above the increase in the Consumer Price Index for all Urban Consumers for hospital inpatient services or hospital outpatient services is two percent or greater the authority may order the rebate of the amount which exceeds the respective indices by two percent or more to all health plans or insurers which paid such excess unless the party provides written justification of such increase satisfactory to the authority taking into account case mix index, outliers and extraordinarily high cost outpatient procedure utilizations.

(E) The ability of the authority to investigate, as needed, to ensure compliance with the cooperative agreement.

(F) The ability of the authority to take appropriate action, including revocation of a certificate of approval, if it determines that:

(i) The parties to the agreement are not complying with the terms of the agreement or the terms and conditions of approval;

(ii) The authority’s approval was obtained as a result of an intentional material misrepresentation;

(iii) The parties to the agreement have failed to pay any required fee; or

(iv) The benefits resulting from the approved agreement no longer outweigh the disadvantages attributable to the reduction in competition resulting from the agreement.

(G) If the authority determines the parties to an approved cooperative agreement have engaged in conduct that is contrary to state policy or the public interest, including the failure to take action required by state policy or the public interest, the authority may initiate a proceeding to determine whether to require the parties to refrain from taking such action or requiring the parties to take such action, regardless of whether or not the benefits of the cooperative agreement continue to outweigh its disadvantages. Any determination by the authority shall be final.  The authority is specifically authorized to enforce its determination in the circuit court of Kanawha County or the circuit court where the principal place of business of a party to the cooperative agreement is located.

(H)  Fees as set forth in subsection (h).

(2) Until the promulgation of the emergency rules, the authority shall monitor and regulate cooperative agreements to ensure that their conduct is in the public interest and shall have the powers set forth in subdivision (1) of this subsection, including the power of enforcement set forth in paragraph (G), subdivision (1) of this subsection. 

(h)  Fees. — The authority may set fees for the approval of a cooperative agreement. These fees shall be for all reasonable and actual costs incurred by the authority in its review and approval of any cooperative agreement pursuant to this section. These fees shall not exceed $75,000.  Additionally, the authority may assess an annual fee not to exceed $75,000 for the supervision of any cooperative agreement approved pursuant to this section and to support the implementation and administration of the provisions of this section.

(i) Miscellaneous provisions. —

(1) (A) An agreement entered into by a hospital party to a cooperative agreement and any state official or state agency imposing certain restrictions on rate increases shall be enforceable in accordance with its terms and may be considered by the authority in determining whether to approve or deny the application.  Nothing in this chapter shall undermine the validity of any such agreement between a hospital party and the Attorney General entered before the effective date of this legislation.

(B) At least ninety days prior to the implementation of any increase in rates for inpatient and outpatient hospital services and at least sixty days prior to the execution of any reimbursement agreement with a third party payor, a hospital party to a cooperative agreement involving the combination of two or more hospitals through merger, consolidation or acquisition which has been approved by the authority shall submit any proposed increase in rates for inpatient and outpatient hospital services and any such reimbursement agreement to the Office of the West Virginia Attorney General together with such information concerning costs, patient volume, acuity, payor mix and other data as the Attorney General may request.  Should the Attorney General determine that the proposed rates may inappropriately exceed competitive rates for comparable services in the hospital’s market area which would result in unwarranted consumer harm or impair consumer access to health care, the Attorney General may request the authority to evaluate the proposed rate increase and to provide its recommendations to the Office of the Attorney General.  The Attorney General may approve, reject or modify the proposed rate increase and shall communicate his or her decision to the hospital no later than 30 days prior to the proposed implementation date.  The hospital may then only implement the increase approved by the Attorney General.  Should the Attorney General determine that a reimbursement agreement with a third party payor includes pricing terms at anti-competitive levels, the Attorney General may reject the reimbursement agreement and communicate such rejection to the parties thereto together with the rationale therefor in a timely manner.

(2)  The authority shall maintain on file all cooperative agreements the authority has approved, including any conditions imposed by the authority.

(3) Any party to a cooperative agreement that terminates its participation in such cooperative agreement shall file a notice of termination with the authority thirty days after termination. 

(4)  No hospital which is a party to a cooperative agreement for which approval is required pursuant to this section may knowingly bill or charge for health services resulting from, or associated with, such cooperative agreement until approved by the authority.   Additionally, no hospital which is a party to a cooperative agreement may knowingly bill or charge for health services resulting from, or associated with, such cooperative agreement for which approval has been revoked or terminated.

(5) By submitting an application for review of a cooperative agreement pursuant to this section, the hospitals or health care providers shall be deemed to have agreed to submit to the regulation and supervision of the authority as provided in this section.

§16-29B-29.  Severability.

If any provision of this article or the application thereof to any person or circumstance is held unconstitutional or invalid, such unconstitutionality or invalidity shall not affect, impair or invalidate other provisions or applications of the article, and to this end the provisions of this article are declared to be severable.”

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 601, Relating to exception from jurisdiction of PSC for materials recovery facilities or mixed waste processing facilities; 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, immediately following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:

“That §22-15-2 and §22-15-10 of the Code of West Virginia, 1931, as amended and to amend said code by adding thereto a new section, designated §24-2-1L, to read as follows:


CHAPTER 22. ENVIRONMENTAL RESOURCES.

ARTICLE 15. SOLID WASTE MANAGEMENT ACT.

§ 22-15-2. Definitions


Unless the context clearly requires a different meaning, as used in this article the terms:

(1) ‘Agronomic rate’ means the whole sewage sludge application rate, by dry weight, designed:

(A) To provide the amount of nitrogen needed by the food crop, feed crop, fiber crop, cover crop or vegetation on the land; and

(B) To minimize the amount of nitrogen in the sewage sludge that passes below the root zone of the crop or vegetation grown on the land to the groundwater.

(2) ‘Applicant’ means the person applying for a commercial solid waste facility permit or similar renewal permit and any person related to such person by virtue of common ownership, common management or family relationships as the director may specify, including the following: Spouses, parents and children and siblings.

(3) ‘Approved solid waste facility’ means a solid waste facility or practice which has a valid permit under this article.

(4) ‘Back hauling’ means the practice of using the same container to transport solid waste and to transport any substance or material used as food by humans, animals raised for human consumption or reusable item which may be refilled with any substance or material used as food by humans.

(5) ‘Bulking agent’ means any material mixed and composted with sewage sludge.

(6) ‘Class A facility’ means a commercial solid waste facility which handles an aggregate of between ten thousand and thirty thousand tons of solid waste per month. Class A facility includes two or more Class B solid waste landfills owned or operated by the same person in the same county, if the aggregate tons of solid waste handled per month by such landfills exceeds nine thousand nine hundred ninety-nine tons of solid waste per month.

(7) ‘Commercial recycler’ means any person, corporation or business entity whose operation involves the mechanical separation of materials for the purpose of reselling or recycling at least seventy percent by weight of the materials coming into the commercial recycling facility.

(8) ‘Commercial solid waste facility’ means any solid waste facility which accepts solid waste generated by sources other than the owner or operator of the facility and does not include an approved solid waste facility owned and operated by a person for the sole purpose of the disposal, processing or composting of solid wastes created by that person or such person and other persons on a cost-sharing or nonprofit basis and does not include land upon which reused or recycled materials are legitimately applied for structural fill, road base, mine reclamation and similar applications.

(9) ‘Compost’ means a humus-like material resulting from aerobic, microbial, thermophilic decomposition of organic materials.

(10) ‘Composting’ means the aerobic, microbial, thermophilic decomposition of natural constituents of solid waste to produce a stable, humus-like material.

(11) ‘Commercial composting facility’ means any solid waste facility processing solid waste by composting, including sludge composting, organic waste or yard waste composting, but does not include a composting facility owned and operated by a person for the sole purpose of composting waste created by that person or such person and other persons on a cost-sharing or nonprofit basis and shall not include land upon which finished or matured compost is applied for use as a soil amendment or conditioner.

(12) ‘Cured compost’ or ‘finished compost’ means compost which has a very low microbial or decomposition rate which will not reheat or cause odors when put into storage and that has been put through a separate aerated curing cycle stage of thirty to sixty days after an initial composting cycle or compost which meets all regulatory requirements after the initial composting cycle.

(13) ‘Department’ means the Department of Environmental Protection.

(14) ‘Energy recovery incinerator’ means any solid waste facility at which solid wastes are incinerated with the intention of using the resulting energy for the generation of steam, electricity or any other use not specified herein.

(15) ‘Incineration technologies’ means any technology that uses controlled flame combustion to thermally break down solid waste, including refuse-derived fuel, to an ash residue that contains little or no combustible materials, regardless of whether the purpose is processing, disposal, electric or steam generation or any other method by which solid waste is incinerated.

(16) ‘Incinerator’ means an enclosed device using controlled flame combustion to thermally break down solid waste, including refuse-derived fuel, to an ash residue that contains little or no combustible materials.

(17) ‘Landfill’ means any solid waste facility for the disposal of solid waste on or in the land for the purpose of permanent disposal. Such facility is situated, for purposes of this article, in the county where the majority of the spatial area of such facility is located.

(18) ‘Materials recovery facility’ means any solid waste facility at which source-separated materials or materials recovered through a mixed waste processing facility are manually or mechanically shredded or separated for purposes of reuse and recycling, but does not include a composting facility.

(19) ‘Mature compost’ means compost which has been produced in an aerobic, microbial, thermophilic manner and does not exhibit phytotoxic effects.

(20) ‘Mixed solid waste’ means solid waste from which materials sought to be reused or recycled have not been source-separated from general solid waste.

(21) ‘Mixed waste processing facility’ means any solid waste facility at which materials are recovered from mixed solid waste through manual or mechanical means for purposes of reuse, recycling or composting.

(22) ‘Municipal solid waste incineration’ means the burning of any solid waste collected by any municipal or residential solid waste disposal company.

(23) ‘Oil and natural gas solid waste’ means waste associated with the exploration, development, production, storage or recovery of crude oil and natural gas, including drilling fluids and produced waters.

(24)(23) ‘Open dump’ means any solid waste disposal which does not have a permit under this article, or is in violation of state law, or where solid waste is disposed in a manner that does not protect the environment.

(25)(24) ‘Person’ or ‘persons’ means any industrial user, public or private corporation, institution, association, firm or company organized or existing under the laws of this or any other state or country; State of West Virginia; governmental agency, including federal facilities; political subdivision; county commission; municipal corporation; industry; sanitary district; public service district; drainage district; soil conservation district; watershed improvement district; partnership; trust; estate; person or individual; group of persons or individuals acting individually or as a group; or any legal entity whatever.

(26)(25) ‘Publicly owned treatment works’ means any treatment works owned by the state or any political subdivision thereof, any municipality or any other public entity which processes raw domestic, industrial or municipal sewage by any artificial or natural processes in order to remove or so alter constituents as to render the waste less offensive or dangerous to the public health, comfort or property of any of the inhabitants of this state before the discharge of the plant effluent into any of the waters of this state, and which produces sewage sludge.

(27)(26) ‘Recycling facility’ means any solid waste facility for the purpose of recycling at which neither land disposal nor biological, chemical or thermal transformation of solid waste occurs: Provided, That mixed waste recovery facilities, sludge processing facilities and composting facilities are not considered recycling facilities nor considered to be reusing or recycling solid waste within the meaning of this article, article fifteen-a of this chapter and article four, chapter twenty-two-c of this code.

(28)(27) ‘Sewage sludge’ means solid, semisolid or liquid residue generated during the treatment of domestic sewage in a treatment works. Sewage sludge includes, but is not limited to, domestic septage, scum or solids removed in primary, secondary or advanced wastewater treatment processes and a material derived from sewage sludge. "Sewage sludge" does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator.

(29)(28) ‘Secretary’ means the Secretary of the Department of Environmental Protection or such other person to whom the Secretary has delegated authority or duties pursuant to article one of this chapter.

(30)(29) ‘Sewage sludge processing facility’ is a solid waste facility that processes sewage sludge for: (A) Land application; (B) incineration; or (C) disposal at an approved landfill. Such processes include, but are not limited to, composting, lime stabilization, thermophilic, microbial and anaerobic digestion.

(31)(30) ‘Sludge’ means any solid, semisolid, residue or precipitate, separated from or created by a municipal, commercial or industrial waste treatment plant, water supply treatment plant or air pollution control facility or any other such waste having similar origin.

(32)(31) ‘Solid waste’ means any garbage, paper, litter, refuse, cans, bottles, waste processed for the express purpose of incineration; sludge from a waste treatment plant; water supply treatment plant or air pollution control facility; and other discarded materials, including offensive or unsightly matter, solid, liquid, semisolid or contained liquid or gaseous material resulting from industrial, commercial, mining or community activities but does not include solid or dissolved material in sewage or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources and have permits under article five-a of this chapter, or source, special nuclear or byproduct material as defined by the Atomic Energy Act of 1954, as amended, including any nuclear or byproduct material considered by federal standards to be below regulatory concern, or a hazardous waste either identified or listed under article five-e of this chapter or refuse, slurry, overburden or other wastes or material resulting from coal-fired electric power or steam generation, the exploration, development, production, storage and recovery of coal, oil and gas and other mineral resources placed or disposed of at a facility which is regulated under chapter twenty-two, twenty-two-a or twenty-two-b of this code, so long as placement or disposal is in conformance with a permit issued pursuant to such chapters.

(33)(32) ‘Solid waste disposal’ means the practice of disposing of solid waste including placing, depositing, dumping or throwing or causing any solid waste to be placed, deposited, dumped or thrown.

(34)(33) ‘Solid waste disposal shed’ means the geographical area which the solid waste management board designates and files in the state register pursuant to section eight, article twenty-six, chapter sixteen of this code.

(35)(34) ‘Solid waste facility’ means any system, facility, land, contiguous land, improvements on the land, structures or other appurtenances or methods used for processing, recycling or disposing of solid waste, including landfills, transfer stations, materials recovery facilities, mixed waste processing facilities, sewage sludge processing facilities, commercial composting facilities and other such facilities not herein specified, but not including land upon which sewage sludge is applied in accordance with section twenty of this article. Such facility shall be deemed to be situated, for purposes of this article, in the county where the majority of the spatial area of such facility is located: Provided, That a salvage yard, licensed and regulated pursuant to the terms of article twenty-three, chapter seventeen of this code, is not a solid waste facility.

(36)(35) ‘Solid waste facility operator’ means any person or persons possessing or exercising operational, managerial or financial control over a commercial solid waste facility, whether or not such person holds a certificate of convenience and necessity or a permit for such facility.

(37)(36) ‘Source-separated materials’ means materials separated from general solid waste at the point of origin for the purpose of reuse and recycling but does not mean sewage sludge.


§22-15-10. Prohibitions; permits required.


(a) Open dumps are prohibited and it is unlawful for any person to create, contribute to or operate an open dump or for any landowner to allow an open dump to exist on the landowner's property unless that open dump is under a compliance schedule approved by the director. Such compliance schedule shall contain an enforceable sequence of actions leading to compliance and shall not exceed two years. Open dumps operated prior to the first day of April, one thousand nine hundred eighty-eight, by a landowner or tenant for the disposal of solid waste generated by the landowner or tenant at his or her residence or farm are not a violation of this section if such open dump did not constitute a violation of law on the first day of January, one thousand nine hundred eighty-eight, and unauthorized dumps which were created by unknown persons do not constitute a violation of this section: Provided, That no person may contribute additional solid waste to any such dump after the first day of April, one thousand nine hundred eighty-eight, except that the owners of the land on which unauthorized dumps have been or are being made are not liable for such unauthorized dumping unless such landowners refuse to cooperate with the division in stopping such unauthorized dumping.

(b) It is unlawful for any person, unless the person holds a valid permit from the division to install, establish, construct, modify, operate or abandon any solid waste facility. All approved solid waste facilities shall be installed, established, constructed, modified, operated or abandoned in accordance with this article, plans, specifications, orders, instructions and rules in effect.

(c) Any permit issued under this article shall be issued in compliance with the requirements of this article, its rules and article eleven of this chapter and the rules promulgated thereunder, so that only a single permit is required of a solid waste facility under these two articles. Each permit issued under this article shall have a fixed term not to exceed five years: Provided, That the director may administratively extend a permit beyond its five-year term if the approved solid waste facility is in compliance with this article, its rules and article eleven of this chapter and the rules promulgated thereunder: Provided, however, That such administrative extension may not be for more than one year. Upon expiration of a permit, renewal permits may be issued in compliance with rules promulgated by the director.

(d) For existing solid waste facilities which formerly held division of health permits which expired by law and for which complete permit applications for new permits pursuant to this article were submitted as required by law, the division may enter an administrative order to govern solid waste activities at such facilities, which may include a compliance schedule, consistent with the requirements of the division's solid waste management rules, to be effective until final action is taken to issue or deny a permit for such facility pursuant to this article, or until further order of the division.

(e) No person may dispose in the state of any solid waste in a manner which endangers the environment or the public health, safety or welfare as determined by the director: Provided, That the carcasses of dead animals may be disposed of in any solid waste facility or in any other manner as provided for in this code. Upon request by the director, the commissioner of the bureau of public health shall provide technical advice concerning the disposal of solid waste or carcasses of dead animals within the state.

(f) A commercial solid waste facility shall not discriminate in favor of or against the receipt of any waste otherwise eligible for disposal at the facility based on its geographic origin.

(g) In addition to all the requirements of this article and the rules promulgated hereunder, a permit to construct a new commercial solid waste facility or to expand the spatial area of an existing facility, may not be issued unless the public service commission has granted a certificate of need, as provided in section one-c, article two, chapter twenty-four of this code. If the director approves a permit or permit modification, the certificate of need shall become a part of the permit and all conditions contained in the certificate of need shall be conditions of the permit and may be enforced by the division in accordance with the provisions of this article. If the director approves a permit or permit modification, the certificate of need shall become a part of the permit and all conditions contained in the certificate of need shall be conditions of the permit and may be enforced by the division in accordance with the provisions of this article: Provided, That the provisions of this subsection do not apply to materials recovery facilities, mixed waste processing facilities or oil and natural gas solid waste as defined by chapter twenty-two, article fifteen, section two of this code, except within a thirty-five mile radius of a facility sited in a karst geological region and which has been permitted by the West Virginia Department of Environmental Protection as a mixed waste processing facility and has received a certificate of need by July 1, 2016.

(h) The director shall promulgate legislative rules pursuant to article three, chapter twenty-nine-a of this code which reflect the purposes as set forth in this section.


CHAPTER 24. PUBLIC SERVICE COMMISSION.

ARTICLE 2. POWERS AND DUTIES OF PUBLIC SERVICE COMMISSION.

§24-2-1L. Commission jurisdiction does not extend to materials recovery facilities, mixed waste processing facilities, and oil and natural gas solid waste disposal.


(a) Notwithstanding any other provision of this code, the jurisdiction of the commission does not extend to materials recovery facilities, mixed waste processing facilities or disposal of oil and natural gas solid waste as defined by chapter twenty-two, article fifteen, section two of this code, except within a thirty-five mile radius of a facility sited in a karst geological region and which has been permitted by the West Virginia Department of Environmental Protection as a mixed waste processing facility and has received a certificate of need by July 1, 2016: Provided, that nothing in this Chapter shall affect the requirements of section five, article two and section three, article three, of Chapter twenty-four-a of this Code.”

            On motion of Delegate Cowles, the bill was postponed one day.

            S. B. 627, Permitting physician to decline prescribing controlled substance; 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, by striking out everything after the enacting clause and inserting in lieu thereof the following:

“That §30-3A-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §55-7-23 of said code be amended and reenacted, all to read as follows:

CHAPTER 30. PROFESSIONS AND OCCUPATIONS.

ARTICLE 3A. MANAGEMENT OF INTRACTABLE PAIN.

§30-3A-2. Limitation on disciplinary sanctions or criminal punishment related to management of pain.

(a) A physician is not subject to disciplinary sanctions by a licensing board or criminal punishment by the state for prescribing, administering or dispensing pain-relieving controlled substances for the purpose of alleviating or controlling pain if:

(1) In the case of a dying patient experiencing pain, the physician practices in accordance with an accepted guideline as defined in section one of this article and discharges his or her professional obligation to relieve the dying patient’s pain and promote the dignity and autonomy of the dying patient; or

(2) In the case of a patient who is not dying and is experiencing pain, the physician discharges his or her professional obligation to relieve the patient’s pain, if the physician can demonstrate by reference to an accepted guideline that his or her practice substantially complied with that accepted guideline. Evidence of substantial compliance with an accepted guideline may be rebutted only by the testimony of a clinical expert. Evidence of noncompliance with an accepted guideline is not sufficient alone to support disciplinary or criminal action.

‘(b) A health care provider, as defined in section two, article seven-b, chapter fifty-five of this code, with prescriptive authority is not subject to disciplinary sanctions by a licensing board or criminal punishment by the state for declining to prescribe, or declining to continue to prescribe, any controlled substance to a patient which the health care provider with prescriptive authority is treating if the health care provider with prescriptive authority in the exercise of reasonable prudent judgment believes the patient is misusing the controlled substance in an abusive manner or unlawfully diverting a controlled substance legally prescribed for their use.’

(b) (c) A licensed registered professional nurse is not subject to disciplinary sanctions by a licensing board or criminal punishment by the state for administering pain-relieving controlled substances to alleviate or control pain, if administered in accordance with the orders of a licensed physician.

(c) (d) A registered licensed pharmacist is not subject to disciplinary sanctions by a licensing board or criminal punishment by the state for dispensing a prescription for a pain-relieving controlled substance to alleviate or control pain, if dispensed in accordance with the orders of a licensed physician.

(d) (e) For purposes of this section, the term ‘disciplinary sanctions’ includes both remedial and punitive sanctions imposed on a licensee by a licensing board, arising from either formal or informal proceedings.

(e) (f) The provisions of this section apply to the treatment of all patients for pain, regardless of the patient’s prior or current chemical dependency or addiction. The board may develop and issue policies or guidelines establishing standards and procedures for the application of this article to the care and treatment of persons who are chemically dependent or addicted.

CHAPTER 55. ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALE.

ARTICLE 7. ACTIONS FOR INJURIES.

§55-7-23. Prescription drugs and medical devices; limiting health care providers= liability exposure.

(a) No health care provider, as defined in section two, article seven-b of this chapter, is liable to a patient or third party for injuries sustained as a result of the ingestion of a prescription drug or use of a medical device that was prescribed or used by the health care provider in accordance with instructions approved by the U. S. Food and Drug Administration regarding the dosage and administration of the drug, the indications for which the drug should be taken or device should be used, and the contraindications against taking the drug or using the device: Provided, That the provisions of this section shall do not apply if: (1) The health care provider had actual knowledge that the drug or device was inherently unsafe for the purpose for which it was prescribed or used; or (2) a manufacturer of such the drug or device publicly announces changes in the dosage or administration of such the drug or changes in contraindications against taking the drug or using the device and the health care provider fails to follow such the publicly announced changes and such the failure proximately caused or contributed to the plaintiff=s injuries or damages.

(b) A health care provider with prescriptive authority is not liable to a patient or third party for declining to prescribe, or declining to continue to prescribe, any controlled substance to a patient which the health care provider with prescriptive authority is treating if the health care provider with prescriptive authority in the exercise of reasonable prudent judgment believes the patient is misusing the controlled substance in an abusive manner or unlawfully diverting a controlled substance legally prescribed for their use.

(b) (c) The provisions of this section are not intended to create a new cause of action.”

            Delegate Shaffer moved to amend the amendment on page three, section twenty-three, lines fourteen through twenty, by striking out subsections (b) and (c) and inserting in lieu thereof, the following:

            “(b) This section does not create a private cause of action against a healthcare provider for declining to prescribe, or declining to continue to prescribe, any controlled substance to a patient which the provider is treating, for harm occurring to the patient resulting from the provider’s medical judgment when he or she believed the patient was misusing the controlled substance in an abusive manner or unlawfully diverting a controlled substance for patient’s use, unless the provider failed to exercise reasonable care.”

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

            The yeas and nays having been ordered, they were taken (Roll No. 435), and there were--yeas 32, nays 59, absent and not voting 9, with the yeas and absent and not voting being as follows:

Yeas: Bates, Boggs, Byrd, Campbell, Caputo, Eldridge, Ellington, Fast, Fleischauer, Fluharty, Guthrie, Hartman, Hicks, Hornbuckle, Kurcaba, Longstreth, Lynch, Manchin, Miley, Morgan, Moye, Perdue, Perry, Reynolds, Rohrbach, Rowe, Shaffer, Skinner, P. Smith, Sponaugle, Walters and P. White.

Absent and Not Voting: Deem, A. Evans, Ferro, Flanigan, Hamilton, Kessinger, Lane, Moore and Romine.

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

            The amendment offered by the Committee on the Judiciary was then adopted.

The bill was then 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:

            S. B. 54, Altering how tax is collected on homeowners’ associations,

            Com. Sub. for S. B. 202, Authorizing Department of Commerce promulgate legislative rules,

            S. B. 259, Amending Unfair Trade Practices Act,

            S. B. 311, Allowing permanent exception for mortgage modification or refinancing loan under federal Making Home Affordable program,

            S. B. 384, Requiring Bureau for Medical Services seek federal waiver for 30-day waiting period for tubal ligation,

            S. B. 459, Requiring county board of education to pay tuition to Mountaineer Challenge Academy,

            Com. Sub. for S. B. 468, Allowing lender charge and receive interest on rescindable loan during rescission period,

            Com. Sub. for S. B. 493, Allowing creation of self-settled spendthrift trusts,

            S. B. 505, Exempting certain uses of field gas from motor fuel excise taxes,

            S. B. 516, Relating to registration for selective service,

            Com. Sub. for S. B. 545, Relating to asbestos abatement on oil and gas pipelines,

            Com. Sub. for S. B. 595, Relating to retirement credit for members of WV National Guard,

            Com. Sub. for S. B. 599, Relating generally to Uniform Unclaimed Property Act,

            S. B. 613, Defining total capital for purposes of calculating state-chartered bank's lending limit,

            Com. Sub. for S. B. 614, Conforming statute with court interpretation by replacing ‘unconscionable’ with ‘fraudulent’ when referring to conduct,

            Com. Sub. for S. B. 625, Revising exceptions from FOIA provided for in Aboveground Storage Tank Act,

            Com. Sub. for S. B. 634, Creating William R. Laird IV Second Chance Driver’s License Act,

            And,

            Com. Sub. for S. B. 691, Modifying certain air pollution standards.

Messages from the Senate

A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:

            Com. Sub. for H. B. 2615, West Virginia Small Business Capital Act.

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:

            Com. Sub. for H. B. 2801, Permitting county commissions and municipalities to designate areas of special interest which will not affect the use of property in those areas.

            A messages from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:

            Com. Sub. for H. B. 2823, Eliminating the street and interurban and electric railways tax.

            A message from the Senate, by

            The Clerk of the Senate, announced concurrence by the Senate  in the amendment of the House of Delegates to the amendment of the Senate, and the passage, as amended, to take effect from passage, of

Com. Sub. for H. B. 2852, Relating to legalizing and regulating the sale and use of fireworks.

A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect July 1, 2016 , a bill of the House of Delegates as follows:

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

A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:

            Com. Sub. for H. B. 4225, Relating to patriotic displays at public buildings.

A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:

Com. Sub. for H. B. 4322, Expanding the Learn and Earn Program.

A message from the Senate, by

The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:

Com. Sub. for H. B. 4377, Eliminating exemption from hotel occupancy taxes on rental of hotel and motel rooms for thirty or more consecutive days.

A message from the Senate, by

The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, a bill of the House of Delegates as follows:

Com. Sub. for H. B. 4433, Allowing an adjustment to gross income for calculating the personal income tax liability of certain retirees.

The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:

            Com. Sub. for H. B. 4520, Clarifying that certain hospitals have only one governing body whose meetings shall be open to the public.

A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:

            H. B. 4617, Authorizing legislative rules of the Higher Education Policy Commission regarding the Underwood-Smith Teacher Scholarship Program and Nursing Scholarship Program.

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, a bill of the House of Delegates, as follows:

            H. B. 4705, Relating to adding an additional type of West Virginia source income of nonresident individual.

A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had agreed to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses as to

Com. Sub. for S. B. 13, Increasing penalties for overtaking and passing stopped school buses.

            The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:

            Senators Carmichael, Ashley and Kessler.

A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had agreed to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses as to

Com. Sub. for S. B. 283, Creating crime when fire is caused by operation of a clandestine drug laboratory.

            The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:

            Senators Ferns, Boso and Woelfel.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:

S. C. R. 1 - “Urging Congress to propose the regulation freedom amendment to the United States Constitution.”

Whereas, The Legislature is deeply concerned about the economic impact of federal regulations imposed upon West Virginia and the other states without adequate legislative oversight; and states without adequate legislative oversight; and

Whereas, The growth and abuse of federal regulatory authority threatens our constitutional liberties, including those guaranteed by the Bill of Rights of our Constitution; and      Whereas, The production of coal is critically important to West Virginia and the United States of America, to the economy of West Virginia and of the nation, and to the way of life of the citizens of West Virginia and to the survival of the inhabitants of West Virginia, of the United States of America and of the world; and

Whereas, The United States Environmental Protection Agency (EPA) has proposed and implemented a number of regulations in recent years that have crippled coal production in West Virginia and the United States; and

Whereas, The EPA has expanded dramatically its jurisdiction and authority, in ways that are neither necessary or advisable and in ways that were never contemplated by the Congress of the United States when it enacted the Clean Air Act; and

Whereas, This unwarranted expansion of federal jurisdiction and authority by the EPA is extremely detrimental to the continuation of normal mining activities in West Virginia and other states and, ultimately, the energy supply for the entire nation; and

Whereas, The growth and abuse of federal regulatory authority threatens our Constitutional liberties, including those guaranteed by the Bill of Rights in the first, second, fourth and fifth amendments of the United States Constitution; and

Whereas, Federal regulators, such as the EPA, must be more accountable to elected representatives of the people and not immune from such accountability; and

Whereas, The United States House of Representatives has passed with bipartisan support the Regulations from the Executive in Need of Scrutiny Act (REINS ACT) to require that Congress approve major new federal regulations before they can take effect; and

Whereas, Even if enacted, a law may be repealed or waived by a future Congress and President; and

Whereas, An amendment to the United States Constitution does not require the President’s approval and cannot be waived by a future Congress and President; and

Whereas, The proposed Regulation Freedom Amendment to the U.S. Constitution would require Congress to approve major new federal regulations as follows: One quarter of the Members of the U. S. House or the U.S. Senate transmit to the President their written declaration of opposition to a proposed federal regulation, it shall require a majority vote of the House and Senate to adopt that regulation”; and

Whereas, Fifteen state legislative chambers have now adopted resolutions urging Congress to propose and adopt The Regulation Freedom Amendment; and

Whereas, The American Farm Bureau Federation and the Southern States Energy Board have also resolved to support The Regulation Freedom Amendment; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby urges the United States Congress to propose and adopt The Regulation Freedom Amendment; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the representatives and senators elected by the citizens of West Virginia serving the citizens of West Virginia in the Congress of the United States in Washington, D.C.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:

S. C. R. 64 - “Requesting the West Virginia Division of Highways to study the 2015 West Virginia Division of Highways Performance Audit commissioned by the West Virginia Legislature and to report back to the Joint Committee on Government and Finance as to any and all actions taken by the Division of Highways in accordance with the performance audit.”

Whereas, In 2015, the West Virginia Legislature passed H.B. 2008, which provided for an independent performance audit of the Division of Highways; and

Whereas, The Joint Committee on Government and Finance commissioned the accounting firm of Deloitte & Touche, LLP, to conduct a performance audit on the Division of Highways for fiscal years 2013, 2014 and 2015 in accordance with the provisions of W.Va. Code § 17-2A-6a; and

Whereas, Deloitte & Touche, LLP, presented to the Joint Committee on Government and Finance, during the January 2016 Interim Committee Meetings, the Performance Audit Final Report; and

Whereas, The 2015 West Virginia Division of Highways Performance Audit identifies efficiencies that have the potential to save the Division of Highways up to $25 to $50 million annually; and

Whereas, The 2015 West Virginia Division of Highways Performance Audit identifies a number of efficiencies that are more appropriately implemented by the Division of Highways, rather than through the passage of legislation; and

Whereas, It is the belief of the West Virginia Legislature that fixing the state’s deteriorating roads is of the utmost importance; and

Whereas, It is the belief of the West Virginia Legislature that the recommendations of the 2015 West Virginia Division of Highways Performance Audit should be implemented by the Division of Highways as best as possible; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature requests the West Virginia Division of Highways to study the 2015 West Virginia Division of Highways Performance Audit commissioned by the West Virginia Legislature and to report back to the Joint Committee on Government and Finance as to any and all actions taken by the Division of Highways in accordance with the performance audit; and, be it

Further Resolved, That the Division of Highways shall report to the Joint Committee on Government and Finance, prior to the 2017 regular session of the Legislature, as to any recommended efficiencies that have been implemented by the Division; and, be it 

Further Resolved, That the Division of Highways shall report to the Joint Committee on Government and Finance, prior to the 2017 regular session of the Legislature, as to any recommended efficiencies that the Division believes it can and will be implementing in the future; and, be it 

Further Resolved, That the Division of Highways shall report to the Joint Committee on Government and Finance, prior to the 2017 regular session of the Legislature, as to any recommended efficiencies that the Division cannot implement without further legislative action; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the 2017 regular session of the Legislature on the findings of the review performed by the Division of Highways with drafts of any legislation necessary to effectuate the recommendations of the  2015 West Virginia Division of Highways Performance Audit.

At the request of Delegate Cowles and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.

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. for S. B. 291, Law enforcement use of unmanned aircraft systems,

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. 702, Allowing title of real estate to pass to individuals entitled to sale proceeds if executor fails to do so within 5 years of closing estate.

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. 602, Relating to Patient Injury Compensation Fund,

And reports the same back, with amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference to the Committee on Finance be dispensed with.

In the absence of objection, reference of the bill (Com. Sub. for S. B. 602) was referred to the Committee on Finance was abrogated.

 

            In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 602) was referred to the Committee on Finance.

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

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

Com. Sub. for S. B. 454, Licensing and regulating medication-assisted treatment programs for substance use disorders,

And reports the same back, with amendment, with the recommendation that it do pass, as amended.

On motion for leave, a resolution was introduced (Originating in the Committee on Health and Human Resources and reported with the recommendation that it be adopted, but that it first be referred to the Committee on Rules), which was read by its title, as follows:

By Delegates Waxman, Ellington, Summers, B. White, Stansbury, Atkinson and Campbell:

H. C. R. 106 - “Requesting the Joint Committee on Government and Finance to study direct primary care.”

Whereas, Direct primary care is primary care offered directly to the consumer without insurance administration, incorporating various health care delivery systems that involve direct financial relationships between patients and health care providers; and

Whereas, Direct primary care is intended to remove many of the financial barriers of healthcare, often, there are no insurance co-pays, deductibles or co-insurance fees thus avoiding the overhead and complexity of maintaining relationships with insurers; and

Whereas, A provision of the Patient Protection Affordable Care Act (PPACA) in Section 1301 (and amendment Section 10104) allows for direct primary care to compete with traditional health insurance options in the mandated health insurance exchange when combined with a low cost high deductible plan; and

Whereas, Direct primary care practices do not typically accept insurance payments, thus avoiding the overhead and complexity of maintaining relationships with insurers; and

Whereas, Because direct primary care payments are typically paid over time, rather than in return for specific services, the economic incentives are such that the long-term health of the patient can be a profitable option for providers while also being an  affordable option to patients; and

Whereas, West Virginia currently does not authorize direct primary care; therefore be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study the potential benefits of authorizing direct primary care in West Virginia as an alternative for those citizens who do not qualify for Medicaid and are unable to afford health insurance; and, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance shall consult with the State Medical Board, the Insurance Commission, the Health Care Authority, medical providers, health insurers and any other relevant groups or entities in gathering and reviewing information regarding direct primary care; and, be it

Further Resolved, That 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.

The Speaker referred the resolution (H. C. R. 106) to the Committee on Rules.

On motion for leave, a resolution was introduced (Originating in the Committee on Health and Human Resources and reported with the recommendation that it be adopted, but that it first be referred to the Committee on Rules), which was read by its title, as follows:

By Delegates Ellington, Summers, Atkinson, Householder, Stansbury, B. White and Campbell:

H. C. R. 107 -  “Requesting the Joint Committee on Government and Finance to study the civil commitment laws within West Virginia.”

Whereas, Mental health is a state of emotional and psychological well-being in which an individual is able to use his or her cognitive and emotional capabilities, function in society, and meet the ordinary demands of everyday life, and

Whereas, A person struggling with his or her mental health may experience stress, depression, anxiety, relationship problems, grief, addiction, learning disabilities, mood disorders, or other mental illnesses of varying degrees often having to seek professional treatment, and

Whereas, Of West Virginia’s 1.5 million adult residents, 16,000 individuals have schizophrenia, and 32,000 individuals with severe bipolar disorder; and

Whereas, West Virginia had the 14th highest percentage of depression among adults in the nation, significantly higher than the U.S average; and

Whereas, Like every state, West Virginia has civil commitment laws that establish criteria for determining when involuntary treatment is appropriate for individuals with severe mental illness who cannot seek care voluntarily; and

Whereas, A minimum of 50 mental health beds per 100,000 people is considered necessary to provide minimally adequate treatment for individuals with severe mental illness. West Virginia fails to meet this minimum standard with only 14 beds per 100,000 people, and

Whereas, West Virginia incarcerates more individuals with severe mental illness than it hospitalizes, and

Whereas, West Virginia should make active use of the state’s civil commitment laws and other available options to provide more timely treatment to individuals in need of treatment for symptoms of psychiatric crisis and reduce the consequences of non-treatment on them, their families and their communities; and

Whereas, Assisted outpatient treatment (AOT) is a court-ordered, community based intervention for individuals with severe mental illness who cannot, on their own, recognize their need for treatment has emerged in the era of disappearing psychiatric hospitals as a less restrictive alternative to hospitalization for individuals with severe mental illness; and

Whereas, The Legislature needs to look at the availability of licensed psychiatrists and therapists within the State who specialize in the treatment of individuals with mental health issues in order to develop and sustain strong in-home, community mental health care and assisted outpatient treatment (AOT) in West Virginia; Therefore be it

Resolved by the House of Delegates:

That the Joint Committee on Government and Finance is hereby requested to study the state of mental health in West Virginia and the impact that it has on its citizens and their ability to be productive and sustainable members of this state thus improving their quality of life; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2017, on findings, conclusions and recommendations, together with drafts of any necessary 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 to be paid from legislative appropriations to the Joint Committee on Government and Finance.

The Speaker referred the resolution (H. C. R. 107) to the Committee on Rules.

On motion for leave, a resolution was introduced (Originating in the Committee on Health and Human Resources and reported with the recommendation that it be adopted, but that it first be referred to the Committee on Rules), which was read by its title, as follows:

By Delegates Ellington, Summers, Fleischauer and Campbell:

H. C. R. 108 - “Requesting the Joint Committee on Government and Finance to study and review surprise medical bills and the impact it has on the populous of West Virginia”.

 Whereas, The term “surprise medical bill” is commonly used to describe charges arising when an insured individual inadvertently receives care from out-of-network providers; and

Whereas, A surprise medical bill occurs during two different occasions. Firstly, the situation arises when the patient has no ability to select the emergency room, treating physician, or ambulance providers and ends up with an out of network provider; and

Whereas, Situations may also arise when a patient receives planned care from an in-network provider, often, a hospital or ambulatory care facility, but the other treating provider brought in to participate in the patient’s care is not in the same network. These providers can include anesthesiologists, radiologists, pathologists, surgical assistants, and others; and

Whereas, The out of network provider will then bill the patient for charges that have been incurred by the patient, resulting in more expenses and stresses for the patient to deal with; and

Whereas, A national survey found that 8% of privately insured individuals used out-of-network care in 2011; 40% of those claims involved surprise involuntary out-of-network claims; and

Whereas, A study conducted by the New York Department of Financial Services that involved more than 2,000 complaints involving surprise medical bills found that the average out-of-network emergency bill was $7,006. With the insurer paying $3,228, leaving the consumer to pay $3,778 for an emergency in which they had no choice; and

Whereas, In 2015 The State of New York has implemented the nation’s first comprehensive approach to preventing surprise medical bills from out-of-network providers in emergency situations and non-emergency situations; and

Whereas, Sound solutions to the problem of surprise medical bills should be addressed in order to reduce the burden on the residents of West Virginia; therefore be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study and review the practice of surprise medical billing; 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 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.

The Speaker referred the resolution (H. C. R. 108) to the Committee on Rules.

            Delegate McCuskey, Chair of the Joint Committee on Enrolled Bills, submitted the following report, which was received:

            Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the 8th day of March, 2016, presented to His Excellency, the Governor, for his action, the following bill(s), signed by the President of the Senate and the Speaker of the House of Delegates:

(H. B. 4235), Relating to the publication requirements of the administration of estates,

And,

(H. B. 4362), Establishing a felony offense of strangulation.

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. 339, Establishing Judicial Compensation Commission,

And reports the same back, with amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference to the Committee on Finance be dispensed with.

Delegate Nelson, Chair of the Committee on Finance, submitted the following report, which was received:

            Your Committee on Finance has had under consideration:

Com. Sub. for S. B. 293, Neighborhood Investment Program Act,

            And,

S. B. 345, Relating to parking on state-owned or leased property,

            And reports the same back, with amendments, with the recommendation that they each 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. 361, Prohibiting persons who have committed crimes against elderly from performing community service involving elderly,

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. 539, Relating to condemnation proceedings,

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. 298, Allowing restaurants, private clubs and wineries sell alcoholic beverages on Sundays,

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. 378, Relating to truancy intervention,

And reports the same back, with amendment, with the recommendation that it do pass, as amended.

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

By Delegates Westfall, Rodighiero, Espinosa, Hamrick, Rohrbach, Rowan, Ellington and Romine:

H. C. R. 109  - “Requesting the Joint Committee on Government and Finance conduct an interim study of the feasibility of public virtual online schools”.

Whereas, a primary responsibility of the state legislature is to ensure a thorough and efficient education for the children of the state; and

Whereas, a variety of educational opportunities should be made available to students including those students whose needs are not met in the traditional school setting; and

Whereas, there may be a desire to expand upon the use of virtual online programming currently available for West Virginia students who do not excel in a regular school setting and for whom a full time virtual learning program would better meet their needs; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study the feasibility and related issues regarding public virtual online schools; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the Joint Committee on Education, 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.

Delegate Nelson, Chair of the Committee on Finance, submitted the following report, which was received:

            On motions for leave, bills were introduced (Originating in the Committee on Finance and reported with the recommendation that they each do pass), which were read by their titles, as follows:

By Delegates Anderson, Boggs, Butler, Frich, Hamilton, Householder, Miller, E. Nelson, Storch, Waxman and Westfall:

H. B. 4741 - “A Bill expiring funds to the balance of the Division of Human Services -- Medical Services Trust Fund, fund 5185, organization 0511, for the fiscal year ending June 30, 2016, in the amount of $500,000 from the Secretary of State, fund 0155, fiscal year 2014, organization 1600, appropriation 13000; in the amount of $400,000 from the State Department of Education, fund 0313, fiscal year 2012, organization 0402, appropriation 16100; in the amount of $400,000 from the State Department of Education, fund 0313, fiscal year 2013, organization 0402, appropriation 16100; in the amount of $300,000 from the State Department of Education – Aid for Exceptional Children, fund 0314, fiscal year 2014, organization 0402, appropriation 47200: in the amount of $1,400,000 from the Division of Health -- Central Office, fund 0407, organization 0506, fiscal year 2007, organization 0506, appropriation 84500; in the amount of $840,000 from the Division of Health -- Central Office, fund 0407, fiscal year 2008, organization 0506, appropriation 84500; in the amount of $675,000 from the Division of Health -- Central Office, fund 0407, fiscal year 2009, organization 0506, appropriation 84500; in the amount of $558,236.61 from the Division of Health -- Central Office, fund 0407, fiscal year 2010, organization 0506, appropriation 84500; in the amount of $1,750,000 from the Tax Division, fund 0470, fiscal year 2012, organization 0702, appropriation 09900; in the amount of $1,500,000 from the Consolidated Medical Service Fund, fund 0525, fiscal year 2013, organization 0506, appropriation 21900; in the amount of $1,500,000 from the Consolidated Medical Service Fund, fund 0525, fiscal year 2013, organization 0506, appropriation 33500; in the amount of $703,547.26 from the Aeronautics Commission, fund 0582, fiscal year 2012, organization 0807, appropriation 09900; and in the amount of $345,515.96 from the Aeronautics Commission, fund 0582, fiscal year 2013, organization 0807, appropriation 13000,”

            And,

By Delegates Anderson, Butler, Canterbury, Espinosa, Frich, Householder, Miller, Perry, Storch, Walters and Waxman:

H. B. 4742 - “A Bill expiring funds to the balance of the Division of Human Services -- Medical Services Trust Fund, fund 5185, organization 0511, for the fiscal year ending June 30, 2016, in the amount of $5,000,000 from the Attorney General – Consumer Protection Recovery Fund, fund 1509, fiscal year 2016, organization 1500; in the amount of $500,000 from the Secretary of State, Motor Voter Registration Fund, fund 1606, fiscal year 2016, organization 1600; in the amount of $569,776.07 from the State Election Commission – Supreme Court of Appeals Public Campaign Financing Fund, fund 1690, fiscal year 2016, organization 1601; in the amount of $2,527,991.87 from the Department of Administration, Risk and Insurance Management Board - Premium Tax Savings Fund, fund 2367, fiscal year 2016, organization 0218; in the amount of $1,500,000 from the Department of Commerce, West Virginia Development Office - Development Office Promotion Fund, fund 3171, fiscal year 2016, organization 0307; in the amount of $500,000 from the Department of Health and Human Resources, Division of Health – Infectious Medical Waste Program Fund, fund 5117, fiscal year 2016, organization 0506; in the amount of $1,000,000 from the Department of Health and Human Resources, Division of Human Services – Medicaid Fraud Control Fund, fund 5141, fiscal year 2016, organization 0506; in the amount of $7,500,000 from the Department of Health and Human Resources, Division of Health – Hospital Services Revenue Account Special Fund Capital Improvement, Renovation and Operations, fund 5156, fiscal year 2016, organization 0506; in the amount of $50,000 from the Department of Health and Human Resources, Division of Health – Tobacco Control Special Fund, fund 5218, fiscal year 2016, organization 0506; in the amount of $450,000 from the Department of Health and Human Resources, Division of Health – Central Office, fund 5219, fiscal year 2016, organization 0506; in the amount of $1,000,000 from the Department of Health and Human Resources, Division of Health - Department of Health and Human Resources Safety and Treatment Fund, fund 5228, fiscal year 2016, organization 0506; in the amount of $5,000,000 from the Department of Health and Human Resources, West Virginia Health Care Authority - Health Care Cost Review Authority Fund, fund 5375, fiscal year 2016, organization 0507; in the amount of $1,000,000 from the Department of Health and Human Resources, Division of Human Services – James ‘Tiger’ Morton Catastrophic Illness Fund, fund 5454, fiscal year 2016, organization 0511; in the amount of $50,000 from the Department of Health and Human Resources, Division of Human Services – Marriage Education Fund, fund 5490, fiscal year 2016, organization 0511; in the amount of $118,374.34 from the Department of Military Affairs and Public Safety – Division of Homeland Security and Emergency Management – June 2010 DR 1918 Flood Disaster – Gov Cont Fund, fund 6227, fiscal year 2016, organization 0606; in the amount of $5,000,000 from the Department of Revenue, Insurance Commissioner – Insurance Commission Fund, fund 7152, fiscal year 2016, organization 0704; in the amount of $3,000,000 from Miscellaneous Boards and Commissions - Public  Service Commission – Public Service Commission Fund, fund 8623, fiscal year 2016, organization  0926; in the amount of $1,361,384.62 from the  West Virginia Economic Development Authority -  Economic Development Project Bridge Loan Fund, fund 9066, fiscal year 2016, organization  0944; in the amount of $500,000 from the Division of Purchasing -- Purchasing Improvement Fund, fund 2264, fiscal year 2016, organization 0213; in the amount of $1,000,000 from the Division of Personnel, fund 2440, fiscal year 2016, organization 0222; in the amount of $1,000,000 from the Division of Financial Institutions -- Assessment and Examination Fund, fund 3041, fiscal year 2016, organization 0303; in the amount of $1,000,000 from the Division of Forestry -- Outdoor Heritage Conservation Fund, fund 3091, fiscal year 2016, organization 0305; in the amount of $1,000,000 from the Division of Labor -- Contractor Licensing Board Fund, fund 3187, fiscal year 2016, organization 0308; in the amount of $750,000 from the Division of Labor -- Manufactured Housing Trust Recovery Fund, fund 3190, fiscal year 2016, organization 0308; in the amount of $1,500,000 from the Division of Natural Resources -- Law Enforcement Program Fund, fund 3204, fiscal year 2016, organization 0310; in the amount of $2,500,000 from the Division of Natural Resources -- Planning and Development Division, fund 3205, fiscal year 2016, organization 0310; in the amount of $1,000,000 from the Solid Waste Management Board -- Facilities Operating Expense Fund, fund 3287, fiscal year 2016, organization 0312; in the amount of $1,000,000 from the Solid Waste Management Board -- Planning Fund, fund 3288, fiscal year 2016, organization 0312; in the amount of $1,000,000 from the Division of Environmental Protection -- Air Pollution Control Fund, fund 3336, fiscal year 2016, organization 0313; in the amount of $2,500,000 from the Division of Environmental Protection -- Closure Cost Assistance Fund, fund 3328, fiscal year 2016, organization 0313; in the amount of $2,000,000 from the Division of Environmental Protection -- Oil and Gas Operating Permit and Processing Fund, fund 3323, fiscal year 2016, organization 0313; in the amount of $3,000,000 from the Division of Environmental Protection -- Solid Waste Enforcement Fund, fund 3333, fiscal year 2016, organization 0313; in the amount of $2,500,000 from the Division of Environmental Protection -- Water Quality Management Fund, fund 3327, fiscal year 2016, organization 0313; in the amount of $2,000,000 from the Division of Miners’ Health, Safety and Training – Special Health, Safety and Training Fund, fund 3355, fiscal year 2016, organization 0314; in the amount of $1,000,000 from the State Board of Education -- Strategic Staff Development, fund 3937, fiscal year 2016, organization 0402; in the amount of $1,000,000 from the West Virginia Health Care Authority -- Certificate of Need Program Fund, fund 5376, fiscal year 2016, organization 0507; in the amount of $1,000,000 from the Division of Homeland Security and Emergency Management – West Virginia  Interoperable Radio Project, fund 6295, fiscal year 2016, organization 0606; in the amount of $1,000,000 from the West Virginia Division of Corrections -- Parolee Supervision Fees, fund 6362, fiscal year 2016, organization 0608; in the amount of $1,500,000 from the Fire Commission -- Fire Marshal Fees, fund 6152, fiscal year 2016, organization 0619; in the amount of $1,500,000 from the Insurance Commissioner -- Unfair Claims Settlement Practice Trust Fund, fund 7168, fiscal year 2016, organization 0704; in the amount of $1,000,000 from the State Rail Authority -- South Branch Valley Railroad Operating Fund, fund 8401, fiscal year 2016, organization 0804; in the amount of $1,000,000 from the WV Board of Examiners for Registered Professional Nurses – Registered Professional Nurses, fund 8520, fiscal year 2016, organization 0907; in the amount of $1,000,000 from the Board of Pharmacy -- Pharmacy Operating Fund, fund 8537, fiscal year 2016, organization 0913; in the amount of $1,000,000 from the Auditor’s Office -- Securities Regulation Fund, fund 1225, fiscal year 2016, organization 1200; in the amount of $500,000 from the Treasurer’s Office – Treasurer’s Financial Electronic Commerce Fund, fund 1345, fiscal year 2016, organization 1300; and in the amount of $1,000,000 from the Department of Agriculture -- Agriculture Fees Fund, fund 1401, fiscal year 2016, organization 1400.”

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. 619, 2016 Regulatory Reform Act,

And reports the same back, with amendment, with the recommendation that it do pass, as amended.

Delegate Nelson, Chair of the Committee on Finance, submitted the following report, which was received:

            Your Committee on Finance has had under consideration:

H. B. 4017, Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article six of the Constitution,

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

Com. Sub. for H. B. 4017 - “A Bill making appropriations of public money out of the Treasury in accordance with section fifty-one, article VI of the Constitution.

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:

 S. B. 588, Repealing certain obsolete legislative rules by Department of Transportation,

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. 270, Repealing code relating to insurance policies.

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

            Mr. Speaker Pro Tem, Mr. Anderson, Vice-Chair of the Committee on Rules, submitted the following report, which was received:

            Your Committee on Rules has had under consideration:

H. R. 19, Drug Court Day in West Virginia,

H. R. 29, Harry C. “Buck” Markley Jr. Memorial Bridge,

Com. Sub. for H. C. R. 74, Arnold Miller Memorial Bridge, 

H. C. R. 79, Requesting the Joint Committee on Government and Finance study state agency websites,

Com. Sub. for H. C. R. 90, U.S. Army CPL Fon Mitchell Memorial Bridge,

H. C. R. 96, Requesting the Federal Energy Regulatory Commission (FERC) expedite the approval of six interstate natural gas pipeline projects in West Virginia,

H. C. R. 101, Requesting the Joint Committee on Government and Finance to conduct an interim study on the areas remaining from the January 3, 2012, Efficiency Audit of West Virginia’s Primary and Secondary Education System,

H. C. R. 102, Requesting the Joint Committee on Government and Finance to conduct an interim study on the enrollment of students solely for participation in extracurricular activities,

H. C. R. 103, Requesting the Joint Committee on Government and Finance to conduct an interim study on the educational impact and budgetary and funding formula consequences of Education Savings Accounts,

H. C. R. 104, Requesting that the Joint Committee on Government and Finance study the composition, qualifications, terms and duties of the State Board of Education,

H. C. R. 105, Requesting the Joint Committee on Government and Finance study the composition and terms of the School Building Authority,

Com. Sub. for S. C. R. 18, Wilbur Lee Clayton Memorial Bridge,

Com. Sub. for S. C. R. 33, Requesting WV Infrastructure and Jobs Development Council study and report on consolidation regarding public water and sewer utilities,

S. C. R. 44, US Marine Corps SGT Mike Plasha Memorial Bridge,

And,

S. C. R. 47, WV State Police SGT Harold E. Dailey Bridge,

And reports the same back with the recommendation that each be adopted.

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. 159, Authorizing promulgation of legislative rules by miscellaneous boards and commissions,

And reports the same back, with amendment, with the recommendation that it do pass, as amended.

Leaves of Absence

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

Miscellaneous Business

            Delegate Lynch noted to the Clerk that he was absent when the vote was taken on the motion to discharge Com. Sub. for S. B. 411, and that had he been present, he would have voted “Yea” thereon.

            Delegate Blair noted to the Clerk that she was absent on March 5, 2016 when the votes were taken on Roll Nos. 376 through 386, and had she been present she would have voted “Yea” thereon.  She also noted that she was absent on March 7, 2016 when the votes were taken on  Roll Nos. 390 and 391, and would have voted “Yea” on Roll No. 390, and “Nay” on Roll No. 391.

            Delegate Ireland noted to the Clerk that he was absent on today when the vote was taken on S. B. 648, and that had he been present, he would have voted “Yea” thereon.

            Delegate Duke noted to the Clerk that he was absent on today when the votes were taken on the passage and effective date of Com. Sub. for S. B. 581, and that had he been present, he would have voted “Yea” thereon.

            Delegate Hamilton noted to the Clerk that he was absent on today when the votes were taken on S. B. 439 and S. B. 461, and that had he been present, he would have voted “Yea” thereon.

            Delegate Householder noted to the Clerk that he was absent on today when the vote was taken on Roll No. 425 for S. B. 524, and that had he been present he would have voted “Nay” thereon.

            Delegate Guthrie announced that she was absent on today when the votes were taken on Roll Nos. 407 through 426, and that had she been present,  she would have voted “Yea” on all votes except Roll Nos. 415 and 425 on which she would have voted “Nay” thereon.

            Delegate Byrd noted to the Clerk that he was absent on today when the votes were taken on Roll Nos. 392 through 399, and that had he been present, he would have voted “Yea” thereon.

            At 10:04 p.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, March 9, 2016.