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Wednesday, March 9, 2016

FIFTY-SEVENTH DAY

[MR. SPEAKER, MR. ARMSTEAD, IN THE CHAIR]

            The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Tim Armstead, Speaker.

            Prayer was offered and the House was led in recitation of the Pledge of Allegiance.

            The Clerk proceeded to read the Journal of Tuesday, March 8, 2016, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Messages from the Executive

            Mr. Speaker, Mr. Armstead, presented a communication from His Excellency, the Governor, advising that on March 8, 2016, he approved Com. Sub. for S. B. 421, Com. Sub. for S. B. 594 and Com. Sub. for H. B. 4163.

Messages from the Senate

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate, without amendment, of  concurrent resolutions of the House of Delegates as follows:

Com. Sub. for H. C. R. 7, U.S. Army PFC Cecil Ray Ball Memorial Bridge,

Com. Sub. for H. C. R. 10, U.S.Marine Corps GySgt Lionel Collins Memorial Road,

Com. Sub. for H. C. R. 15, U.S.Marine Corps PFC Clayton Andrew Craft Memorial Bridge,

Com. Sub. for H. C. R. 18, U.S. Air Force Staff Sergeant William Henry 'Bill' Whitman Memorial Highway,

And,

H. C. R. 41, U.S. Army Air Corps CPT Kenneth R. Winters, Sr. Memorial Bridge.

            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 resolutions, which were read by their titles and referred to the Committee on Rules:

Com. Sub. for S. C. R. 53 -  “Requesting Division of Highways name bridge number 25-218-4.69 (25A219), carrying West Virginia Route 218 over Buffalo Creek, and connecting the town of Farmington to U. S. Route 250 in Marion County, the “Harry C. ‘Buck’ Markley Jr. Memorial Bridge”.

Whereas, Harry C. “Buck” Markley, was born on May 27, 1935, in Farmington, West Virginia. He was the son of Harry and Virginia Pyles Markley.  He graduated from Farmington High School and worked in Marion County at Wall Plaster and Angelucci Trucking before transitioning to the coal fields of the Four States, Blacksville and Grant Town mines. He served as a federal mine inspector from 1972 through 1996 and was a member of the Four States, Blacksville and the federal mine rescue teams; and

Whereas, Harry Markley was a devoted public servant, serving on the Farmington Town Council and as Mayor of Farmington for eighteen years, as well as serving with the Farmington Volunteer Fire Department for forty-five years, and forty years as chief of Company Seven. During Harry Markley’s career in public service he also served on the Marion County Fire Board.  As Mayor, Harry Markley took the steps necessary to make Farmington easily accessible by leading the effort to reconstruct the bridge connecting Farmington to U. S. Route 250 in 1985; and

Whereas, Harry Markley passed away on June 23, 2015, in his home in Marion County. He has been an outstanding citizen and leader of Farmington and it is fitting that Harry C. “Buck” Markley Jr.’s legacy is memorialized on the very bridge that he helped to create; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name bridge number 25-218-4.69 (25A219), carrying West Virginia Route 218 over Buffalo Creek, and connecting the town of Farmington to U. S. Route 250 in Marion County, the “Harry C. ‘Buck’ Markley Jr. Memorial Bridge”; and, be it

Further Resolved, That the Commissioner of the Division of Highways is hereby requested to have made and be placed signs identifying the “Harry C. ‘Buck’ Markley Jr. Memorial Bridge”; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways and to Mayor Donna Costello.

S. C. R. 54 - “Requesting Division of Highways name bridge number 25-218-4.69 (25A219), carrying West Virginia Route 218 over Buffalo Creek, and connecting the town of Farmington to U. S. Route 250 in Marion County, the “Harry C. ‘Buck’ Markley Jr. Memorial Bridge”. f Highways name bridge number 12-220-4/38 (12A068) (38.92159, -79.18086), locally known as Pansy Bridge, carrying US 220 over North Mill Creek in Grant County, West Virginia, the ‘Union Army CPT John Bond Memorial Bridge’.”

Whereas, John Bond was born April 18, 1818, in Pendleton County in what was then the State of Virginia; died October 23, 1892, and is buried in Bond Cemetery, Brushy Run, West Virginia; and

Whereas, Captain Bond was a justice of the peace from 1852 to 1859 and was also the coroner for Pendleton County; and

Whereas, Captain Bond served in Company A, West Virginia State Troops, from 1862 to 1863 as part of the loyal Virginia Troops, which were also known as the Home Guard; and

Whereas, Company A was made up of approximately fifty-three men from the area now known as Franklin Pike, but at the time was called North Mill Creek; and

Whereas, The local Home Guard was involved in several skirmishes around the Petersburg and North Mill Creek areas with the Confederate McNeill’s Rangers from the Moorefield area.  They also were involved in transporting supplies from the closest railroad station at New Creek Station, now known as Keyser; and

Whereas, It is fitting that an enduring memorial be established to commemorate Union Army CPT John Bond representing Company A of the West Virginia State Troops who ably served their country in its time of greatest need; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name bridge number 12-22-4/38 (12A068) (38.92159, -79.18086), locally known as Pansy Bridge, carrying US 220 over North Mill Creek in Grant County, West Virginia, the “Union Army CPT John Bond Memorial Bridge”; and, be it

Further Resolved, That the Commissioner of the Division of Highways is hereby requested to have made and be placed signs identifying the “Union Army CPT John Bond Memorial Bridge”; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways and to Randy Ours, Commander, 7th West Virginia Infantry Camp 37, Sons of Union Veterans of the Civil War, 5611 Franklin Pike, Petersburg, WV  26847.

Com. Sub. for S. C. R. 55 - “Requesting portion of Sweetwater Road on U. S. Route 35 near Dunlow, Wayne County, West Virginia, beginning at longitude, latitude: 37.980503, -82.359323 and ending at longitude, latitude: 38.010280, -82.306155, be named “The Dewey ‘Duke’ Maynard Memorial Road”.

Whereas, Dewey “Duke” Maynard was born January 18, 1941, at Holden in Logan County, West Virginia, the youngest son of the late Hardin and Genevie McNeeley Maynard.  He was married to Icie Moore Maynard for 47 years.  On January 14, 2010, Dewey “Duke” Maynard died at the age of 69 after suffering from a debilitating neurological disease that robbed him of his pride and mobility.  Duke was survived by his wife, daughter and son-in-law, Robin Lee and J. T. Spaulding; a son and daughter-in-law, Dewey Lee Maynard, Jr.; and Sueann Maynard, all of Dunlow, West Virginia; and  

Whereas, He was a retiree of the Laborers’ Local 543 and from his own business, Maynard Logging; a member of the Masonic Blue Lodge in Crum, WV; and was a 32nd Degree Master Mason; and

Whereas, Duke was well loved throughout his community, especially by those he visited each Christmas Eve for 21 years, providing gifts and playing Santa Claus for the school children; and

Whereas, Dewey “Duke” Maynard lived in the area near this roadway his entire life and was a kind and generous man who donated personal time and money to local youth and high school sports programs; and 

Whereas, He served as a Republican Committeeman for several years, promoting community involvement in the democratic process and personally ensuring that the elderly had transportation to polling places; and

Whereas, In 1991, “Duke” created and gathered signatures on a petition to request that the Department of Highways place guardrails on Sweet Water Road for the sole purpose of protecting the school buses that traveled the road; and

Whereas, He was widely known to help those who had lost their jobs by hiring them for odd jobs and aiding them to obtain membership in the Laborers’ Local 543.  He helped many neighbors purchase groceries at his own great financial burden and gathered clothes and food for neighbors who had lost their homes to fire or natural disasters.  He was named an Honorary Wayne County Deputy Sheriff by Sheriff Toby Shy and was called upon to locate burned vehicles and stolen property and to assist deputies in carrying out their duties by helping them find remote areas and people they were not familiar with; and

Whereas, Naming a portion of Sweetwater Road on U. S. Route 35 near Dunlow, Wayne County, West Virginia, beginning at longitude, latitude: 37.980503, -82.359323 and ending at longitude, latitude: 38.010280, -82.306155, “The Dewey ‘Duke’ Maynard Memorial Road” would be a fitting tribute and honor to the memory of Dewey “Duke” Maynard who was a loving husband and father and a valuable asset to his community, county and state; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name a portion of Sweetwater Road on U. S. Route 35 near Dunlow, Wayne County, West Virginia, beginning at longitude, latitude: 37.980503, -82.359323 and ending at longitude, latitude: 38.010280, -82.306155, “The Dewey ‘Duke’ Maynard Memorial Road”; and, be it

Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the road as the  “The Dewey ‘Duke’ Maynard Memorial Road”; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways and the surviving relatives of Dewey ‘Duke’ Maynard.

S. C. R. 56 - “Requesting Division of Highways to name future bridge, located at latitude 39.14167, longitude ‑79.42482, to carry currently unassigned county route over the Blackwater River in Tucker County from its junction with county route 32/18, the ‘Judge Ronald G. Pearson Bridge’.”

Whereas, Ronald G. Pearson was born June 15, 1942, in Fairmont, West Virginia, to Gilbert Sidney and Catherine Evans Pearson; and

Whereas, Ronald G. Pearson received his college education at West Virginia University where, among other achievements, he distinguished himself by becoming chair of the Interfraternity Council in 1965, being inducted into the Summit of Mountain Honor Society in 1966 and by chairing the statue committee that selected the sculptor, Donald DeLue, to create the West Virginia Mountaineer statue; and

Whereas, After graduating with a Bachelor of Science in Industrial Engineering, Ronald G. Pearson continued his education at the West Virginia University College of Law, where he received a Juris Doctor degree in 1968; and

Whereas, Ronald G. Pearson began a distinguished career in law and government following his admission to the West Virginia Bar in 1968, including service as the Director of Local Government Relations for the State Tax Department, the Commissioner of the Department of Finance and Administration, the State Treasurer and culminating in his appointment as a United States Bankruptcy Judge, serving in this position for thirty-two years; and

Whereas, In his service with the state, Ronald G. Pearson oversaw the inventory and mapping of all land and mineral resources of the state, calculated actuarial values for all state pension and compensation funds to report, monitor and control the state’s long-term debt and he identified and invested previously unvested funds now amounting to $400,000,000 which continue to yield ongoing income for the state; and

Whereas, In his service as Judge of the United States Bankruptcy Court for the Southern District of West Virginia, Judge Pearson also served as Treasurer for the National Conference of Bankruptcy Judges, President of the Bankruptcy Judges Council for the Fourth Circuit, and as a member of the Fourth Circuit Judicial Council and the Committee on the Administrative Office of the Judicial Conference of the United States, and he was also honored with the Bierce Distinguished Service Award by the National Conference of Bankruptcy Judges; and

Whereas, Judge Pearson has also volunteered substantial amounts of his time to the operation and success of the National Youth Science Foundation, an organization that he helped to found in 1983 and that he has continued to serve as a member of its board of trustees since its founding; and

Whereas, The National Youth Science Foundation, based here in West Virginia, operates the renowned National Youth Science Camp and, this fall, will implement the Youth Science Discovery Experience program for West Virginia students to last through the academic year; and

Whereas, The National Youth Science Foundation inspires lifelong engagement and ethical leadership in science, technology, engineering, mathematics, and related professions through its proven educational model for mentoring, challenging, and motivating students; and

Whereas, A bridge is now being built over the Blackwater River to provide access to the newly established National Youth Science Center, a facility dedicated to state and national education programs in science, technology, engineering and mathematics and a facility that would not exist without the dedication and efforts of Judge Ronald Pearson through many years; and

Whereas, It is fitting that Judge Pearson be honored by dedicating this bridge in recognition of his contributions to law, government, finance, education and to the people of West Virginia and the youth of this country; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways name a future bridge, located at latitude 39.14167, longitude ‑79.42482, to carry a currently unassigned county route over the Blackwater River in Tucker County from its junction with county route 32/18, as the “Judge Ronald G. Pearson Bridge”; and, be it

Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “Judge Ronald G. Pearson Bridge”; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways and to the honoree, Judge Ronald G. Pearson.

And,

S. C. R. 59 - “Requesting Division of Highways name the Indian Creek Bridge #3, bridge number 32-122-8.95 (32A056), latitude 37.52981, longitude -80.65837, carrying West Virginia Route 122 over Indian Creek, in Monroe County, the ‘U. S. Army SPC 4 Everette R. Johnson Memorial  Bridge’.”

Whereas, Everette R. Johnson was born on November 7, 1947, in Beckley, West Virginia, the son of John C. and Minnie Louise Johnson.  He lived most of his life in Monroe County and was educated in Monroe County schools, graduating from Greenville High School in 1965.  He was married to Sue G. Loan and they were expecting their first child when Everette was killed in Vietnam on February 7, 1968; and

Whereas, Everette R. Johnson was survived by his widow and son, Everette Robert Johnson, Jr., who was  born in August, 1968, and his mother and father, sister Darlene Johnson and three brothers, Wayne, David and Maury; and

Whereas, Naming the Indian Creek Bridge #3, bridge number 32-122-8.95 (32A056) latitude 37.52981, longitude -80.65837, carrying West Virginia Route 122 over Indian Creek, in Monroe County, the “U.S. Army SPC 4 Everette R. Johnson Memorial Bridge” is an appropriate recognition of his contributions and his supreme sacrifice to his country, state, community and Monroe County; therefore, be it

            Resolved by the West Virginia Legislature:

That the Division of Highways is hereby requested to name the Indian Creek Bridge #3, bridge number 32-122-8.95 (32A056) latitude 37.52981, longitude -80.65837, carrying West Virginia Route 122 over Indian Creek, in Monroe County, the “U. S. Army SPC 4 Everette R. Johnson Memorial  Bridge”; and, be it

Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the twin bridges, both northbound and southbound, as the “U. S. Army SPC 4 Everette R. Johnson Memorial Bridge”; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways and the surviving relatives of Everette R. Johnson.

Resolutions Introduced

            Delegates Rowan, Romine, Cooper, Wagner, Kelly, Perdue, Campbell, Moye, Perry, Duke, Ambler, Border, A. Evans, D. Evans, Ferro, Hartman, Moore, Overington and Shaffer offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 111 - “Requesting the Joint Committee on Government and Finance to study the issues, needs and challenges facing senior citizens in this state and to study the feasibility of developing and providing additional effective tools, resources and best practices to address the health, safety, welfare and other concerns of our senior citizens.”

            Whereas, West Virginia has the second largest percentage of senior population in the nation; 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, It is well known that many of our seniors lack adequate resources and have limited financial ability to meet their needs for increased services for the necessities of life, such as personal care, health care, housing, utilities, nutrition, transportation, mobility needs and ultimately, long-term care which they need and have the decreasing ability to provide for themselves as they mature; and

Whereas, Findings from recent studies reveal several negative trends of seniors in this state: approximately forty-five percent of West Virginia seniors have a disability, compared to thirty-seven percent nationally; one in three elder state residents is in fair to poor health; for approximately one in three seniors, Social Security is the sole source of income; and relatively few of those seniors eligible take advantage of other supports like the SNAP program or utility assistance; and

Whereas, The increasing demand for current public, as well as private senior services in West Virginia already has become an increasing topic of concern by public as well as private agencies and service providers serving seniors in the state as well as various private senior advocacy groups; and

Whereas, There is an increase of children being raised in this state by senior grandparents who  assume the responsibility to care for these children because of unstable parents; these seniors in many instances face difficulties or are denied the ability to attend to the child=s educational needs and may be denied other public benefits available for the child as a result of not having proper legal guardianship or custody, thereby resulting in increased physical, emotional and financial strain on these senior grandparents; and

Whereas, These senior demographic trends are going to have increasing consequences for senior citizens and their families as well as on the many state and local programs that provide senior services; and

Whereas, The Legislature finds that these emerging complex issues facing seniors today and in the immediate future in this state need to be addressed by a comprehensive study and examination; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is requested to study the issues, needs and challenges facing senior citizens in this state and to study the feasibility of developing and providing additional effective tools, resources and best practices to address the health, safety, welfare and other concerns of our senior citizens; 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.

Petitions

            Delegates Caputo, Longstreth and Manchin presented a petition from citizens of Marion County seeking support to construct a multi-purpose building for portable horseshoe courts in Marion County; which was referred to the Committee on Finance.

Motions

            In accordance with House Rule 58, and having voted on the prevailing side, Delegate Rohrbach moved that the House of Delegates reconsider the passage of Com. Sub. for S. B. 524, Rewriting Board of Barbers and Cosmetologists article.

            The question before the House being the motion by the Gentleman from the 17^th, the same was put and prevailed.       

            The question now being on the passage of the bill, the yeas and nays were taken (Roll No. 436), and there were--yeas 98, nays 1, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Fleischauer.

Absent and Not Voting: Campbell.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 524) passed.

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

            Delegate Marcum submitted a written motion, under the provisions of House Rule 82, to discharge Com. Sub. for S. B. 337, Creating 5-year tax credit for businesses on post-mine sites, from the Committee on Finance.

            Delegate Cowles was recognized and moved that the motion to discharge be laid upon the table.

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

            The yeas and nays having been ordered, they were taken (Roll No. 437), and there were--yeas 64, nays 33, absent and not voting 3, with the nays and absent and not voting being as follows:

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

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

            So, a majority of the members present and voting having voted in the affirmative, the motion to discharge Com. Sub. for S. B. 337, Creating 5-year tax credit for businesses on post-mine sites, from the Committee on Finance was laid upon the table.

Special Calendar

Unfinished Business

            The following resolutions, coming up in regular order, as unfinished business, were reported by the Clerk and adopted:

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

           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,

            S. C. R. 47, WV State Police SGT Harold E. Dailey Bridge,

            H. C. 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,

            And,

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

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

H. C. R. 96, Requesting the Federal Energy Regulatory Commission (FERC) expedite the approval of six interstate natural gas pipeline projects in West Virginia; coming up in regular order, as unfinished business, was reported by the Clerk.

Speaker Pro Tempore Anderson in the Chair

Mr. Speaker, Mr. Armstead, arose from his seat and requested to be excused from voting on the adoption of H. C. R. 96 under the provisions of House Rule 49.

            The Speaker Pro Tempore replied that it was unclear if the Delegate would have a direct pecuniary interest in the adoption of the resolution and therefore excused him from voting.

The resolution (H. C. R. 96) was then adopted.

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

Mr. Speaker, Mr. Armstead, in the Chair

The following resolutions, coming up in regular order, as unfinished business, were reported by the Clerk and adopted:

            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,

            And,

            H. C. R. 105, Requesting the Joint Committee on Government and Finance study the composition and terms of the School Building Authority.

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

Third Reading

            Com. Sub. for S. B. 6, Requiring drug screening and testing of applicants for TANF program; on third reading, coming up in regular order, was reported by the Clerk.

Delegate Shott asked and obtained unanimous consent to amend the bill on third reading.

            On motion of Delegates Shott, the bill was amended on page three, section six, line sixty-four, immediately following the word “applicant”, by striking out the words “who is declared ineligible for” and inserting in lieu thereof the words “whose benefits are suspended and who has not designated a protective payee or whose benefits are terminated due to”.

            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. 438), and there were--yeas 91, nays 8, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Blackwell, Caputo, Fleischauer, Fluharty, Hornbuckle, Moore, Perdue and Pushkin.

Absent and Not Voting: Guthrie.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 6) passed.

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

At 1:35 p.m., on motion of Delegate Cowles, the House of Delegates recessed for thirty minutes.

            Com. Sub. for S. B. 43, Clarifying means of posting to prohibit hunting or trespassing; 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. 439), and there were--yeas 81, nays 11, absent and not voting 8, with the nays and absent and not voting being as follows:

Nays: Arvon, Byrd, Fast, Frich, Ihle, Kessinger, Lynch, Marcum, McGeehan, Summers and Weld.

Absent and Not Voting: Anderson, Bates, Campbell, Hamrick, Hicks, Ireland, Reynolds and Trecost.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 43) 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. 195, Authorizing DHHR to promulgate legislative rules; 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. 440), and there were--yeas 98, nays 1, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Walters.

Absent and Not Voting: Kelly.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 195) passed.

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

Com. Sub. for S. B. 195 -  “A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, all relating generally to the promulgation of administrative rules by the Department of Health and Human Resources, the Human Rights Commission and the Health Care Authority; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee;  authorizing certain of the agencies to promulgate certain legislative rules with various amendments recommended by the Legislature; authorizing certain agencies and commissions under the Department of Health and Human Resources to repeal certain legislative, procedural or interpretive rules that are no longer authorized or are obsolete; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to the preliminary requirement for approval by the West Virginia Department of Health of a laboratory for a specified technique; repealing the Department of Health and Human Resources legislative rule relating to ice cream and frozen milk; repealing the Department of Health and Human Resources legislative rule relating to establishment of a Controlled Substances Therapeutic Research Program and the certification of patients, practitioners and hospital pharmacies; repealing the Department of Health and Human Resources legislative rule relating to the installation of medication in the eyes of newborns and disseminating advice and information concerning the dangers of inflammation of the eyes of the newborn; repealing  the Department of Health and Human Resources legislative rule relating to health facilities plan for the fiscal years 1985-1989; repealing the Department of Health and Human Resources legislative rule relating to design, information and procedural manual for mobile home parks; authorizing the Department of Health and Human Resources to promulgate a legislative rule regarding  West Virginia clearance for emergency medical services; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to fees for services; repealing the Department of Health and Human Resources legislative rule relating to pertussis guidelines; repealing the Department of Health and Human Resources legislative rule relating to hazardous materials treatment information repository; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to infectious medical waste; repealing the Department of Health and Human Resources legislative rule relating to immunization criteria for transfer students; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to AIDS-related medical testing and confidentiality; repealing the Department of Health and Human Resources legislative rule specialized health procedures in public schools; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to tuberculosis testing, control, treatment and commitment; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to farmers market vendors; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to the certification of opioid overdose prevention and treatment training programs; repealing the Department of Health and Human Resources legislative rule relating to procedural rules for the advisory Committee for the Omnibus Health Care Act; authorizing the Department of Health and Human Resources to promulgate a legislative rule regarding chronic pain management licensure; authorizing the Department of Health and Human Resources to promulgate a legislative rule regarding neonatal abstinence centers; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to West Virginia clearance for access; registry and employment screening; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to child care licensing requirement; repealing the Department of Health and Human Resources legislative rule relating to incorporation of the handicapped children services manual; repealing the Department of Health and Human Resources legislative rule relating to termination of income withholding; repealing the Department of Health and Human Resources obtaining support from federal and state income tax refunds; repealing the Department of Health and Human Resources legislative rule relating to interstate income withholding; repealing the Department of Health and Human Resources legislative rule relating to providing information to credit reporting agencies; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to the family child care facility licensing requirements; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to the family child care home registration requirements; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to West Virginia Works program sanctions; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to qualifications for a restricted provisional license to practice as a social worker within the department; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to goals for foster children; repealing the Health Care Authority’s legislative rule relating to freeze on hospital rates and granting temporary rate increases; repealing the Health Care Authority’s legislative rule relating to the Utilization Review and Quality Assurance Program; repealing the Health Care Authority’s legislative rule relating to limitation on hospital gross patient revenue; repealing the Health Care Authority’s legislative rule relating to exemption for rural primary care hospitals; and authorizing the Human Rights Commission to promulgate a legislative rule relating to the Pregnant Workers’ Fairness Act.”

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

            On this question, the yeas and nays were taken (Roll No. 441), and there were--yeas 100, nays none, absent and not voting none.

            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. 195) 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. 326, Repeal and recodify law relating to contributing to delinquency of minor child; 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. 442), and there were--yeas 100, nays none, absent and not voting none.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 326) passed.

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

Com. Sub. for S. B. 326 - “A Bill to repeal  §49-4-901 and §49-4-902 of  the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §61-8D-10, all relating to repealing the criminal offense of contributing to the delinquency or neglect of a child;  relating to repealing providing the court or the judge discretion to suspend the sentence and allow a child to remain in the custody of the convicted person with certain conditions; creating the criminal offense of contributing to the delinquency of a child; defining delinquency; providing for penalties; authorizing restitution; allowing for additional terms and conditions to be imposed upon conviction; providing that delinquency of a child does not apply to a 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 which parent, guardian or custodian is an adherent or member; establishing that it is not an essential element of the offense that the minor actually be delinquent; providing for certain conditions of bond upon conviction and suspension of the sentence by the court; providing that a bond given upon suspension of a sentence which becomes forfeited is recoverable without separate suit; providing procedure for recovery of bond by principal or surety; providing that any money collected or paid upon execution, or upon the bond, shall be deposited with the clerk and applied to court costs then to treatment, care, or maintenance of the child; and permitting the child to remain in the custody of the convicted person with certain conditions.”

            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. 330, Requiring automobile liability insurers provide 10 days' notice of intent to cancel due to nonpayment of premium; 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. 443), and there were--yeas 75, nays 25, absent and not voting none, with the nays being as follows:

Nays: Bates, Boggs, Byrd, Caputo, Eldridge, Fleischauer, Fluharty, Guthrie, Hicks, Hornbuckle, Longstreth, Lynch, Manchin, Marcum, Moore, Perdue, Pushkin, Reynolds, Rodighiero, Rowe, Shaffer, Skinner, Sponaugle, Trecost and P. White.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 330) passed.

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

Com. Sub. for S. B. 330  - “A Bill to amend and reenact §33-6A-1 of the Code of West Virginia, 1931, as amended, relating to cancellation or nonrenewal of automobile liability policies; providing restrictions on cancellation of automobile liability insurance policy that has been in effect for sixty days; excepting cancellations in the case of renewals; specifying when an insurer may cancel an automobile liability policy that has been in effect for sixty days; providing for notice to insureds for certain cancellations or voiding of automobile insurance policies; specifying allowable methods of sending notices and content thereof;  providing for thirty days’ notice to cancel automobile liability policy for certain reasons; providing exception to requirement of thirty days’ notice for nonpayment of premiums or installments of premiums; requiring fourteen days’ notice for cancellations due to nonpayment of premiums or installments of premiums;  specifying when notice period begins to run and when payment deemed accomplished for purposes of making payment during fourteen day notice period for cancellation due to nonpayment of premiums or installments of premiums; providing for voidability of automobile liability insurance policy if initial payments of premiums or initial installments of premiums not made; and providing for ten-day notice that policy will be voided absent payment of amounts due under terms of policy when initial payment of premiums or initial installments of premiums not made.”

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

            S. B. 333, Taking and registering of wildlife; 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. 444), and there were--yeas 99, nays 1, absent and not voting none, with the nays being as follows:

Nays: Fast.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 333) passed.

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

S. B. 333  - “A Bill to amend and reenact §20-2-4, §20-2-21 and §20-2-22 of the Code of West Virginia, 1931, as amended, all relating to the possession of wildlife; declaring unlawful the taking, purchasing, possession or maintenance in captivity of certain wildlife except as allowed by statute or rules promulgated; requiring electronic registration of deer, bear, turkey, wild boar, bobcat, beaver, otter and fish in accordance with promulgated rules; requiring that promulgated rules provide a procedure for persons who are not required to obtain licenses or permits to register wildlife using identification other than a social security number; providing for electronic registration of beaver and otter pelts taken and tagged; providing requirements for field tags and electronic registration; and eliminating requirements regarding crossing boundaries of counties adjacent to that in which a kill was made.”

            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. 338, Compiling and maintaining Central State Mental Health Registry; 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. 445), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:

Nays: Lynch.

Absent and Not Voting: Byrd, Hicks and Morgan.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 338) 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. 416, Allowing terminally ill patients access to investigational products; on third reading, coming up in regular order, with amendments pending, was reported by the Clerk.

            An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk on page one, immediately 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 article, designated §16-51-1, §16-51-2, §16-51-3, §16-51-4, §16-51-5, §16-51-6, §16-51-7 and §16-51-8, all to read as follows:

ARTICLE 51. RIGHT TO TRY ACT.

§16-51-1.  Short title.

This article shall be known and may be cited as the Right to Try Act.

§16-51-2.  Legislative findings.

(a) The Legislature finds and declares that:

(1) The process of approval for investigational drugs, biological products and devices in the United States protects future patients from premature, ineffective and unsafe medications and treatments over the long run, but the process often takes many years;

(2) Patients who have a terminal illness do not have the luxury of waiting until an investigational drug, biological product or device receives final approval from the United States Food and Drug Administration;

(3) Patients who have a terminal illness have a fundamental right to attempt to pursue the preservation of their own lives by accessing available investigational drugs, biological products and devices;

(4) The use of available investigational drugs, biological products and devices is a decision that should be made by the patient with a terminal illness in consultation with the patient’s health care provider and the patient’s health care team, if applicable; and

(5) The decision to use an investigational drug, biological product or device should be made with full awareness of the potential risks, benefits and consequences to the patient and the patient’s family.

(b) It is the intent of the Legislature to allow for terminally ill patients to use potentially life-saving or pain-relieving investigational drugs, biological products and devices.

§16-51-3.  Definitions.

For the purposes of this article:

(1) ‘Eligible patient’ means a person who has:

(A) A terminal illness attested to by the patient’s treating physician;

(B) Considered all other treatment options currently approved by the United States Food and Drug Administration;

(C) Been unable to participate in a clinical trial for the terminal illness within one hundred miles of the patient’s home address for the terminal illness, or not been accepted to the clinical trial within one week of completion of the clinical trial application process;

(D) Received a recommendation from his or her physician for an investigational drug, biological product or device;

(E) Given written, informed consent for the use of the investigational drug, biological product or device or, if the patient is a minor or lacks the mental capacity to provide informed consent, a parent or legal guardian has given written, informed consent on the patient’s behalf; and

(F) Documentation from his or her physician that he or she meets the requirements of this subdivision.

(2) ‘Eligible patient’ does not include a person being treated as an inpatient in a hospital licensed or certified pursuant to article five-b, chapter sixteen of this code.

(3) ‘Investigational drug, biological product or device’ means a drug, biological product or device that has successfully completed phase one of a clinical trial but has not yet been approved for general use by the United States Food and Drug Administration.

(4) ‘Terminal illness’ means a disease that, without life-sustaining procedures, will soon result in death or a state of permanent unconsciousness from which recovery is unlikely.

(5) ‘Written, informed consent’ means a written document signed by the patient and attested to by the patient’s physician and a witness that, at a minimum:

(A) Explains the currently approved products and treatments for the disease or condition from which the patient suffers;

(B) Attests to the fact that the patient concurs with his or her physician in believing that all currently approved and conventionally recognized treatments are unlikely to prolong the patient’s life;

(C) Clearly identifies the specific proposed investigational drug, biological product or device that the patient is seeking to use;

(D) Describes the potentially best and worst outcomes of using the investigational drug, biological product or device with a realistic description of the most likely outcome, including the possibility that new, unanticipated, different or worse symptoms might result and that death could be hastened by the proposed treatment based on the physician’s knowledge of the proposed treatment in conjunction with an awareness of the patient’s condition;

(E) Makes clear that the patient’s health insurer and provider may not be obligated to pay for any care or treatments consequent to the use of the investigational drug, biological product or device;

(F) Makes clear that the patient’s eligibility for hospice care may be withdrawn if the patient begins curative treatment and care may be reinstated if the curative treatment ends and the patient meets hospice eligibility requirements;

(G) Makes clear that in-home health care may be denied if treatment begins; and

(H) States that the patient understands that he or she may be liable for all expenses consequent to the use of the investigational drug, biological product or device, and that this liability extends to the patient’s estate, unless a contract between the patient and the manufacturer of the drug, biological product or device states otherwise.

§16-51-4.  Drug manufacturers; availability of investigational drugs, biological products or devices; costs; insurance coverage.

 (a) A manufacturer of an investigational drug, biological product or device may make available the manufacturer’s investigational drug, biological product or device to eligible patients pursuant to this article. This article does not require that a manufacturer make available an investigational drug, biological product or device to an eligible patient.

(b) A manufacturer may:

(1) Provide an investigational drug, biological product or device to an eligible patient without receiving compensation; or

(2) Require an eligible patient to pay the costs of, or the costs associated with, the manufacture of the investigational drug, biological product or device.

(c) Nothing in this article expands the coverage required by article fifteen, chapter thirty-three of this code.

(d) A health insurance carrier may, but is not required by this article to, provide coverage for the cost of an investigational drug, biological product or device.

(e) An insurer may deny coverage to an eligible patient from the time the eligible patient begins use of the investigational drug, biologic product or device through a period not to exceed six months from the time the investigational drug, biologic product or device is no longer used by the eligible patient; except that coverage may not be denied for a preexisting condition and for coverage for benefits which commenced prior to the time the eligible patient begins use of such drug, biologic product or device.

(f) If a patient dies while being treated by an investigational drug, biological product or device, the patient’s heirs and estate are not liable for any outstanding debt related to the treatment or lack of insurance due to the treatment.

§16-51-5.  Action against health care provider’s license or Medicare certification prohibited.

Notwithstanding any other law, a licensing board may not revoke, fail to renew, suspend or take any action against a health care provider’s license issued pursuant to chapter thirty of this code based solely on the health care provider’s recommendations to an eligible patient regarding access to or treatment with an investigational drug, biological product or device as long as the recommendations are consistent with medical standards of care.  Action against a health care provider’s Medicare certification based solely on the health care provider’s recommendation that a patient have access to an investigational drug, biological product or device is prohibited.

§16-51-6.  Access to investigational drugs, biological products and devices.

An official, employee or agent of this state shall not block or attempt to block an eligible patient’s access to an investigational drug, biological product or device.  Counseling, advice or a recommendation consistent with medical standards of care from a licensed health care provider is not a violation of this section.

§16-51-7.  No cause of action created.

This article does not create a private cause of action against a manufacturer of an investigational drug, biological product or device, against a health care provider as defined in section two, article seven-b, chapter fifty-five of this Code, or against any other person or entity involved in the care of an eligible patient using the investigational drug, biological product or device, for any harm done to the eligible patient resulting from the investigational drug, biological product or device, so long as the manufacturer, health care provider, or other person or entity is complying in good faith with the terms of this article.

§16-51-8.  Effect on health care coverage.

Nothing in this article affects the mandatory health care coverage for participation in clinical trials pursuant to section two, article twenty-five-f, chapter thirty-three of this code.”

On motion of Delegates McCuskey and Byrd, the Judiciary Committee amendment was amended on page one, section one, line one, immediately following the word “the”, by inserting the name “Ben Price”.

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

            The bill was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 446), and there were--yeas 100, nays none, absent and not voting none.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 416) 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. 429, Adopting two National Association of Insurance Commissioners’ models to protect enrollees and general public and permit greater oversight; 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. 447), 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: Byrd and McCuskey.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 429) passed.

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

            S. B. 484, Relating to reemployment rights of military personnel; 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. 448), 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: Byrd and McCuskey.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 484) passed.

            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 reported by the Clerk.

At the request of Delegate Lane, unanimous consent was granted to amend amend the bill on third reading.

            On motion of Delegate Shott the bill was amended on page three, section twelve, line forty-five, by striking out the words “longer than one year” and inserting in lieu thereof “less than one nor more than five years”.

On page three, section twelve, line fifty-six, by striking out “$25,000” and inserting in lieu thereof “$5,000”.

And,

On page three, section twelve, line fifty-six, by striking out the words “fifteen days but not more than one year” and inserting in lieu thereof “one nor more than five years.”   

            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. 449), and there were--yeas 100, nays none, absent and not voting none.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 520) passed.

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

            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 read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 450), and there were--yeas 67, nays 33, absent and not voting none, with the nays being as follows:

Nays: Azinger, Bates, Boggs, Byrd, Campbell, Caputo, Eldridge, A. Evans, Flanigan, Fleischauer, Fluharty, Folk, Guthrie, Hornbuckle, Ihle, Ireland, Longstreth, Manchin, Marcum, McGeehan, Miley, Moore, Moye, J. Nelson, Perdue, Perry, Pushkin, Rowe, Shaffer, Skinner, P. Smith, Sponaugle and Wagner.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 575) passed.

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

            Com. Sub. for S. B. 597, Relating generally to Health Care Authority; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 451), and there were--yeas 89, nays 10, excused from voting 1, absent and not voting none, with the nays and excused being as follows:

Nays: Fast, Fleischauer, Fluharty, Folk, Hanshaw, Ihle, Kurcaba, McGeehan, Pushkin and Skinner.

Excused from Voting: Rohrbach.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 597) passed.

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

Eng. Com. Sub. for S. B. 597- - “A Bill to amend and reenact §16-29B-26 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §16-29B-28 and §16-29B-29, all relating generally to the Health Care Authority; exempting certain actions of the Health Care Authority from state and federal antitrust laws; setting forth intent to immunize cooperative agreements approved and subject to supervision by the Health Care Authority; establishing that a cooperative agreement that is not approved and subject to supervision by the Health Care Authority shall not have immunity; defining terms; setting out legislative findings and purpose; allowing cooperative agreements between certain hospitals and other hospitals or health care providers in the state; setting forth goals of a cooperative agreement; granting authority to the Health Care Authority to review proposed cooperative agreements; establishing a review process for cooperative agreements; requiring notification of application and public hearing to be published on Health Care Authority’s website and the State Register; providing for public comment period; requiring notice of public hearing to be provided to all persons, groups or organizations who have submitted written comments to proposed cooperative agreements and to individuals, groups or organizations designated as affected parties in certificate of need proceeding; requiring copy of application to be provided to the Attorney General; setting forth standards for review of cooperative agreements; requiring the Health Care Authority to consult with the Attorney General regarding assessment of approval of proposed cooperative agreement; requiring approval of Health Care Authority to have written concurrence of the Attorney General; providing that the Health Care Authority evaluate the benefits and disadvantages of the proposed cooperative agreement; providing that the Health Care Authority make a determination whether 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; providing for approval with conditions; providing that the Health Care Authority’s decision to approve or deny an application is a final order; granting enforcement powers over cooperative agreements to the Health Care Authority; providing for rulemaking; requiring reporting to the Health Care Authority; setting forth reporting requirements; providing for establishment and assessment of fees; providing that these new provisions shall not undermine the validity of an agreement between a hospital and the Attorney General entered into before the effective date of this legislation; requiring submission of certain proposed rate increases to be provided to the Attorney General for review; authorizing the Attorney General to approve, reject or modify certain proposed rate increases; providing that certain proposed rate increases may only be implemented with the approval of the Attorney General; providing the Health Care Authority maintain on file all approved cooperative agreements, including conditions imposed; requiring notification of termination of cooperative agreement be filed with the Health Care Authority; prohibiting billing or charging for health services resulting from or related to a cooperative agreement until approved by the Health Care Authority; providing that submission of application constitutes agreement to certain regulation and supervision of the Heath Care Authority; and providing for severability.”

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

            On this question, the yeas and nays were taken (Roll No. 452), and there were--yeas 83, nays 16, excused from voting 1, absent and not voting none, with the nays and excused being as follows:

Nays: Azinger, Byrd, Faircloth, Fast, Flanigan, Fleischauer, Fluharty, Folk, Hanshaw, Ihle, McGeehan, Moffatt, J. Nelson, Pushkin, Skinner and Walters.

Excused from Voting: Rohrbach.

            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. 597) 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. 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. 627, Permitting physician to decline prescribing controlled substance; 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. 453), and there were--yeas 100, nays none, absent and not voting none.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 627) passed.

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

S. B. 627 - “A Bill to amend and reenact §30-3A-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §55-7-23 of said code, all relating to permitting physicians to decline prescribing controlled substance in certain circumstances; limiting disciplinary action by a licensing board on a health care provider with prescriptive authority for declining to prescribe, or declining to continue to prescribe, any controlled substance in certain circumstances; and providing that 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 in certain circumstances.”

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

Second Reading

            S. B. 54, Altering how tax is collected on homeowners associations; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted on page one, section nine-o, line six, after the words “capacity for”, by striking out the word “all” and inserting in lieu thereof the word “its”.

Delegate Phillips moved to amend the bill on page one, by striking out the enacting section, and inserting in lieu thereof, the following:

“That §11-1C-4 of the Code of West Virginia, 1931, as amended, be amended and reenacted; to further amend said code by adding thereto a new section, designated §11-2-23; and to further amend said code by adding thereto a new section, designated §11-15-9c, all to read as follows:

Article 1C. FAIR AND EQUITABLE PROPERTY VALUATION.

§11-1C-4. Commission powers and duties; rulemaking.

(a) On or before October 1, 1990, and thereafter as necessary the property valuation training and procedures commission shall perform the following duties:

(1) Devise training and certification criteria for county assessors and their employees and members of county commissions, which shall include a definition of ‘appropriate staff member’ as the term is used in section six of this article relating to required training, which definition shall include deputy assessors as provided for in section three, article two of this chapter;

 (2) Establish uniform, statewide procedures and methodologies for the mapping, visitation, identification and collection of information on the different species of property, which procedures and methodologies shall include reasonable requirements for visitation of property, including a requirement that a good faith effort be made to contact any owner of owner-occupied residential property: Provided, That the commission is not authorized to establish the methods to value real and personal property, but shall have the authority to approve such methods;

(3) Develop an outline of items to be included in the county property valuation plan required in section seven of this article, which shall include information to assist the property valuation training and procedures commission in its determination of the distribution of state funds provided pursuant to section eight of this article.

(b) On or before July 1, 1991, the commission shall establish objective criteria for the evaluation of the performance of the duties of county assessors and the Tax Commissioner.

(c) In the event the Tax Commissioner and a county assessor cannot agree on the content of the plan required under section seven of this article, the commission shall examine the plan and the objections of the Tax Commissioner and shall resolve the dispute on or before the first day of the fiscal year following the fiscal year in which the plan was submitted to the commission for resolution.

(d) The commission shall have the power to make such rules as it deems necessary to carry out the provisions of this section, which rules shall include procedures for the maintenance, use, sale and reproduction of microfilm, photography and tax maps. Any rules adopted by the commission prior to October 1, 1990, under subsection (a) of this section are exempt from the provisions of article three of chapter twenty-nine-a of this code: Provided, That the commission shall file a copy of any rule so exempted from the provisions of chapter twenty-nine-a of this code with the legislative rule-making review committee created pursuant to section eleven, article three of said chapter prior to November 30, 1990.

(e) The commission shall have the authority to make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this article.

(f) In order to fund the costs of the requirements of this article, the valuation commission shall have the authority, on a one-time basis, to borrow $5 million and to distribute such funds according to need and the valuation plan submitted by the counties. Upon request of the valuation commission, the state Board of Investments shall loan, under commercially reasonable terms to be determined by the parties, up to $5 million to the valuation commission, on a one-time basis, from one of the various funds administered by the state Board of Investments.

(g) The commission shall be required, in the event that the Tax Commissioner has failed to do so, to appoint one or more special assessors if it is the determination of the commission that an assessor has substantially failed to perform the duties required by sections seven and eight of this article. A writ of mandamus shall be the proper remedy if the commission fails to perform any of its duties required by law.

(h) Upon receipt of a report instigated by petition pursuant to section twenty-three, article two of this chapter to any a county commission directing a review of property value to determine if a reduction of ten percent or greater than current valuation as established for that county has occurred, the commission shall undertake a timely review the petition and assessors report and make one of the following findings to the assessor:

(1) If the Commission determines that the assessor’s report is incomplete, inaccurate or fails to provide enough information to allow the commission to make a fair and adequate judgement on whether the value or real property has uniformly reduced ten percent or more by property species since the last valuation, the commission shall direct the assessor to provide further information deemed necessary for the commission to make a finding as provided for in subdivision (2) or (3) of this subsection;

(2) Upon review of the assessor’s report, if the commission determines that the property value has not uniformly, by property species has declined by ten percent or more, then the Commission shall inform the assessor that the petition is denied and no further action shall be taken by the assessor; or

(3) If the Commission makes a finding that the property values, by species, have been reduced by ten percent or more since the last assessment, that the county assessor is directed by finding of the commission, to reduce the tax assessments for real property of the county.

(i) The Tax Commissioner may promulgate rules pursuant to article three, chapter twenty-nine-a of this code, to provide necessary procedures and guidance to county assessors and the commission to comply with administering a petition as authorized pursuant to subsection (h) of this section.

ARTICLE 1. ASSESSORS.

§11-2-23. Petition for reduction in property taxes; review and implementation.

(a) Registered voters of a county seeking to direct the county assessor to undertake a review of current assessed property values of the various species of real property to determine if the value as established for each  type of property at the most recent property assessment has since decreased ten percent or more below the value at the time of the last assessment, shall submit a petition, signed by ten percent or more of the registered voters in the county from the last primary or general election most recently held, to the county commission, that directs the assessor to conduct a review and submit a report as required by this section.

 (b) Upon receipt of the petition, the county commission shall verify that the signatures on the petition are: (1) legally registered voters of the county; and (2) equal to or exceed ten percent of the registered voters of the county.  Upon that finding the county commission shall forward the petition to the county assessor, who shall then undertake the following:

(1) Collect sufficient available information, including recent property sales, economic indicators and other relevant factors impacting the county and region, as the assessor may deem relevant, to make a finding whether the current market value of real property has depreciated since the last valuation and if so if the average reduction of value, per species of real property examined, is ten percent or greater since the last assessment; and

(2)  Prepare a report, including his or her findings, to be immediately submitted to the property valuation training and procedures committee, as established pursuant to section three, article one-c of this chapter.

(c)  The county commission, upon receiving notice from the property valuation training and procedures committee has found that property values by species have been reduced by ten percent in the county or more since the last assessment, shall recalculate the next fiscal year tax rates due the county to reduce the amount of property taxes no more than 5% in any fiscal year, up to 10% over a two fiscal year period, effectuating a reduction in property tax assessments to reflect this reduction.  If the reduction coincides with a reassessment otherwise required by law, this assessment shall be incorporated into the otherwise mandated reassessment.”

Delegate Cowles 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.

The amendment recommended by the Committee on Finance was then adopted.

            The bill was then ordered to third reading.

           Com. Sub. for S. B. 202, Authorizing Department of Commerce 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 on page one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:

“Be it enacted by the Legislature of West Virginia:

That article 10, chapter 64 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 10. Authorization for department of commerce to promulgate legislative rules.

§64-10-1. Division of Natural Resources.

(a) The legislative rule filed in the State Register on July 30, 2015, authorized under the authority of section seven, article one, chapter twenty of this code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 8, 2015, relating to the Division of Natural Resources (prohibitions when hunting and trapping, 58 CSR 47), is authorized.

(b) The legislative rule filed in the State Register on July 30, 2015, authorized under the authority of section seven, article one, chapter twenty of this code, relating to the Division of Natural Resources (general hunting, 58 CSR 49), is authorized.

(c) The legislative rule filed in the State Register on July 30, 2015, authorized under the authority of section seven, article one, chapter twenty of this code, relating to the Division of Natural Resources (deer hunting, 58 CSR 50), is authorized.

(d) The legislative rule filed in the State Register on July 30, 2015, authorized under the authority of section seven, article one, chapter twenty of this code, relating to the Division of Natural Resources (wild boar hunting, 58 CSR 52), is authorized.

(e) The legislative rule filed in the State Register on July 30, 2015, authorized under the authority of section five-h, article two, chapter twenty of this code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 29, 2015, relating to the Division of Natural Resources (elk restoration and management, 58 CSR 74), is authorized with the following amendment:

On page one, section three, after the section heading “§58-74-3. Elk Management Plan.”, by adding the following:

“3.1. An Elk Management Plan has been developed by the Division which will guide the Division’s management decisions as it relates to the state’s active elk restoration project.

3.1.a. The elk management plan will follow an adaptive management approach and the plan will be updated on a 5-year basis.

3.1.b. The Division shall solicit public comments on the draft elk management plan and will take public input under consideration prior to finalizing the plan.

3.1.c. The elk management plan will include, but is not limited to, the following plan components.

3.1.c.1. Elk biology and life history

3.1.c.2. Overview of elk reintroduction feasibility studies”.

            (f) The legislative rule effective on January 1, 1983, authorized under the authority of section seven, article one, chapter twenty of this code, relating to the Division of Natural Resources (shoreline camping of government owned reservoir areas in West Virginia, 58 CSR 30), is repealed.

(g) The legislative rule effective on May 9, 1995, authorized under the authority of section seven, article one, chapter twenty of this code, relating to the Division of Natural Resources (special bear hunting, 58 CSR 48), is repealed.

(h) The procedural rule effective on October 9, 1996, authorized under the authority of section seven, article one, chapter twenty of this code, relating to the Division of Natural Resources (rules for open government proceedings, 58 CSR 1), is repealed.

§64-10-2. Division of Labor.

(a)  The legislative rule contained in title twenty-eight, series two, and filed in the State Register on May 13, 2005, authorized under the authority of section five, article eleven, chapter twenty-one of this code, relating to the Contractor Licensing Board (West Virginia Contractor Licensing Act, 28 CSR 2) is reauthorized with the following amendment:

On page seven, subsection 3.29 by striking “$15,000” and inserting in lieu thereof “$40,000”

(b) The legislative rule filed in the State Register on July 31, 2015, authorized under the authority of section nine, article five, chapter twenty-one of this code, modified by the Division of Labor to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 9, 2015, relating to the Division of Labor (wage payment and collection, 42 CSR 5), is authorized with the following amendment:

 On page seven, by striking out subsection 10.4 and subdivisions 10.4.1 and 10.4.2 and inserting in lieu thereof the following:

“10.4.  The employer and the claimant shall be entitled to a status conference upon request to the Division.

            10.4.1.  At that time, the employer and the claimant shall have the opportunity to review all records collected by the Division during its investigation relating to the wage claim with respect to all portions of the investigation that the Division has not resolved in favor of the employer.

            10.4.2.  Within twenty (20) days of the conclusion of the status conference, an employer or the claimant may prepare and submit a written statement and/or evidence for consideration by the Division.”

 (c)  The legislative rule filed in the State Register on July 31, 2015, authorized under the authority of section one, article five-c, chapter twenty-one, of this code, modified by the Division of Labor to meet the objections of the Legislative Rule-making Review Committee and refiled in the State Register on December 9, 2015, relating to the Division of Labor (minimum wage and maximum hours, 42 CSR 8), is authorized with the following amendments:

On page 1, section 2, by adding a new subsection, designated subsection 2.2, to read as follows:

“2.2.  Pursuant to W. Va. Code § 21-5C-1(e), the provisions of this rule relating to maximum hours and overtime compensation are not enforceable against or applicable to any individual, partnership, association, corporation, person or group of persons or similar unit if eighty percent of the persons employed by him or her are subject to any federal act relating to maximum hours and overtime compensation.”

And, renumbering the remaining subsection.

On page eight, former subsection 6.3, by striking out the remainder of the subsection.

(d) The legislative rule filed in the State Register on July 31, 2015, authorized under the authority of section eleven, article three-c, chapter twenty-one of this code, modified by the Division of Labor to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 17, 2015, relating to the Division of Labor (Elevator Safety Act, 42 CSR 21), is authorized with the following amendment:

On page one, subsection 3.1, by striking out the word “Three” and inserting in lieu thereof the word “Two”.

(e) The legislative rule filed in the State Register on July 31, 2015, authorized under the authority of section eleven, article three-c, chapter twenty-one of this code, relating to the Division of Labor (licensing of elevator mechanics and technicians and registration of apprentices, 42 CSR 21A), is authorized with the following amendment:

On page 1, subsection 3.2, by striking out the word “Three” and inserting in lieu thereof the word “Two”.

(f) The legislative rule effective on May 26, 1983, authorized under the authority of section two, article three, chapter twenty-one of this code, relating to the Division of Labor (West Virginia safety code for aerial passenger tramways, lifts and tows, 42 CSR 2), is repealed.

(g) The legislative rule effective on December 31, 1982, authorized under the authority of article five-a, chapter twenty-one of this code, relating to the Division of Labor (West Virginia Prevailing Wage Act, 42 CSR 7), is repealed.

§64-10-3. Office of Miners’ Health, Safety and Training.

The legislative rule filed in the State Register on July 30, 2015, authorized under the authority of section fourteen, article six, chapter twenty-two-a of this code, relating to the Office of Miners’ Health, Safety and Training (substance abuse screening standards and procedures, 56 CSR 19), is authorized.

§64-10-4.  Tourism Commission.

The legislature directs the Tourism Commission, pursuant to the authority given to the Commission in section nine, article two, chapter five-b of this code, to promulgate the legislative rule filed in the State Register by the Department of Tourism on May 3, 2010, relating to the Direct Advertising Grants Program (144 CSR 1), with the amendments set forth below:

            By amending the title of the rule to replace the authorizing agency, currently identified as the Division of Tourism, with the Tourism Commission;

            On page one, section two, by striking out all of subdivision 2.4.2 and inserting in lieu thereof a new subdivision 2.4.2 to read as follows:

            2.4.2. Entertainment establishments which include, but are not limited to, pari-mutuel gaming establishments, live performing art centers, sporting organizations or arenas, vineyards or wineries, craft breweries, distilleries, and mini-distilleries;

            On pages one and two, section two, by striking out all of subdivision 2.7.4 and inserting in lieu thereof a new subdivision 2.7.4 to read as follows:

            2.7.4. Entertainment establishments which include, but are not limited to, pari-mutuel gaming establishments, live performing art centers, sporting organizations or arenas, vineyards or wineries, craft breweries, distilleries, and mini-distilleries;

            On page six, section six, by striking out all of subsection 6.2 and inserting in lieu thereof a new subsection 6.2 to read as follows:

            6.2. Seventy-five percent (75%) of a project’s direct advertising must be directed toward areas outside of the local market or in major out-of-state markets, except for direct advertising for a fair or festival grant authorized by subsection 7.3 of this rule.  The Commission reserves the right on a case by case basis to allow local market media in excess of 25% of a project’s direct advertising that cost effectively reaches a well-researched target market.;

            On page eight, section seven, by striking out all of subsection 7.2 and inserting in lieu thereof a new subsection 7.2 to read as follows:

            7.2. There is hereby established a small grants program to be administered by the Division.  Awards under this program shall not exceed $7,500 per applicant and no applicant shall receive more than one grant per fiscal year.  The applicant and partner(s) must provide a minimum of 25 percent of the total project cost.  Total grants awarded under this program in any fiscal year shall be used by the applicant solely for advertising purposes.  Small grant awards shall require the approval of the director of the Division.  Grant applications must be received by established deadlines.  No applicant who has received a grant larger than $7,500 in any fiscal year may apply for a small grant under this section during the same fiscal year.

            On page eight, section seven, by striking out all of subsection 7.3 and inserting in lieu thereof a new subsection 7.3 to read as follows:

            7.3. There is hereby established a Fairs and Festivals grants program to be administered by the Division.  Awards under this program shall be limited to Fairs and Festivals, and grants shall not exceed $5,000 per applicant per year.  The applicant must provide a minimum of 50 percent of the total project cost, but the requirements of subsection 5.5 of these rules shall not apply to the Fairs and Festivals grants program.  Total grants awarded under this program shall be used by the applicant solely for advertising purposes.  Fairs and Festivals grant awards shall require the approval of the Director of the Division.  Grant applicants must be received by established deadlines.

§64-10-5. WorkForce West Virginia.

The legislative rule filed in the State Register on November 6, 2015, authorized under the authority of section eleven, article five-a, chapter twenty-one of this code, modified by the WorkForce West Virginia to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 4, 2015, relating to the WorkForce West Virginia (West Virginia Prevailing Wage Act, 96 CSR 4), is authorized.

§64-10-6. Commercial Whitewater Advisory Board.

(a) The legislative rule effective on October 8, 1987, authorized under the authority of section twenty-three-a, article two, chapter twenty of this code, relating to the Commercial Whitewater Advisory Board (commercial whitewater outfitters, 182  CSR 1), is repealed.

(b) The procedural rule effective on August 31, 1987, authorized under the authority of section three, article nine-a, chapter twenty of this code, relating to the Commercial Whitewater Advisory Board (regulations for open governmental proceedings, 182 CSR 2), is repealed.

§64-10-7. Commissioner of Employment Security.

 (a) The legislative rule effective on May 1, 1991, authorized under the authority of article two, chapter twenty-one-a of this code, relating to the Commissioner of Employment Security (regulations of the Commissioner of Employment Security, 83 CSR 1), is repealed.

(b) The legislative rule effective on September 2, 1983, authorized under the authority of section five, article two-a, chapter twenty-one-a of this code, relating to Commissioner of Employment Security (implementation of a pilot employment supplemental matching program, 84 CSR 2), is repealed.

§64-10-8. Division of Forestry.

The procedural rule effective on June 1, 2004, authorized under the authority of section three, article three, chapter twenty-nine-a of this code, relating to the Division of Forestry (Freedom of Information Act requests, 22 CSR 4), is repealed.

§64-10-9. Minimum Wage Rate Board.

The legislative rule effective on January 1, 1983, authorized under the authority of article five-a, chapter twenty-one of this code, relating to the Minimum Wage Rate Board (West Virginia Prevailing Wage Act, 43 CSR 1), is repealed.”

On motion of Delegate Shott, the Judiciary Committee amendment was amended on page three, section two, line one, by striking out subsection (a) in its entirety and inserting in lieu thereof the following:

            “(a)  The Legislature directs the West Virginia Contractor Licensing Board to promulgate the legislative rule filed in the State Register on May 13, 2005, authorized under the authority of section five, article eleven, chapter twenty-one of this code, relating to the West Virginia Contractor Licensing Act (West Virginia Contractor Licensing Act, 28 CSR 2), with the amendment set forth below:

On page seven, subsection 3.29 by striking “$15,000” and inserting in lieu thereof “$40,000.”

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

The bill was then ordered to third reading.

            S. B. 259, Amending Unfair Trade Practices Act; 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 five, section eight, line nineteen by striking out the word “and”,

And on  page five, section eight, line twenty-one after the word “institutions” by striking out the period and inserting in lieu thereof a semi-colon and the word “and” followed by adding a new subsection (i) to read as follows:

“(i) During and for fifteen days after a business grand opening as determined by the completion date.”

            Delegate Byrd moved to amend the bill on page four, section six, line eleven, by striking out the word “seven” and inserting in lieu thereof, the word “four”.

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

            The yeas and nays having been ordered, they were taken (Roll No. 454), and there were--yeas 45, nays 55, absent and not voting none, with the yeas being as follows:

Yeas: Bates, Blackwell, Byrd, Canterbury, Caputo, Duke, Eldridge, Fast, Fleischauer, Fluharty, Folk, Guthrie, Hamilton, Hamrick, Hicks, Hill, Hornbuckle, Householder, Howell, Ihle, Kurcaba, Lane, Longstreth, Lynch, Manchin, Marcum, McGeehan, Miley, Moffatt, Moore, Morgan, Moye, J. Nelson, Perdue, Perry, Pushkin, Rodighiero, Rohrbach, Rowe, Shaffer, Skinner, P. Smith, Upson, Wagner and Waxman.

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

            The bill was then ordered to third reading.

            S. B. 311, Allowing permanent exception for mortgage modification or refinancing loan under federal Making Home Affordable program; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page three, section eight, line fifty-seven, following the word “date”, by inserting the following:

“Provided, That this prohibition does not apply to any mortgage modification or refinancing loan made in participation with and in compliance with the federal Making Homes Affordable program, or any other mortgage modification or refinancing loan eligible under any government sponsored enterprise requirements or funded through any federal or state program or litigation settlement”.

On page six, section eight, line one hundred twenty-two, following the word “practice” and the colon, by striking out the remainder of the subdivision, and inserting in lieu thereof the following:

“Provided, That this prohibition does not apply to any mortgage modification or refinancing loan made in participation with and in compliance with the federal Making Homes Affordable program, or any other mortgage modification or refinancing loan eligible under any government sponsored enterprise requirements or funded through any federal or state program or litigation settlement”.

On page six, following line one hundred thirty-one, by inserting the following:

Ҥ31-17-17. Loans made in violation of this article void; agreements to waive article void.

(a) If any primary or subordinate mortgage loan is made in willful violation of the provisions of this article, except as a result of a bona fide error, such loan may be canceled by a court of competent jurisdiction: Provided, That it may not be construed to have been a willful violation of the provisions of this article, if the violation is due to a violation of subdivisions (j)(3) or (m)(8), section eight of this article for a mortgage modification or refinancing loan made after May 1, 2009, in participation with and in compliance with the federal Making Homes Affordable program, or any other mortgage modification or refinancing loan eligible under any government sponsored enterprise requirements or funded through any federal or state program or litigation settlement.

(b) Any agreement whereby the borrower waives the benefits of this article shall be deemed to be against public policy and void.

(c) Any residential mortgage loan transaction in violation of this article shall be subject to an action, which may be brought in a circuit court having jurisdiction, by the borrower seeking damages, reasonable attorneys fees and costs: Provided, That this action may not be brought if the violation is due to a violation of subdivisions (j)(3) or (m)(8), section eight of this article for a mortgage modification or refinancing loan made after May 1, 2009, in participation with and in compliance with the federal Making Homes Affordable program, or any other mortgage modification or refinancing loan eligible under any government sponsored enterprise requirements or funded through any federal or state program or litigation settlement.

(d) A licensee who, when acting in good faith in a lending transaction, inadvertently and without intention, violates any provision of this article or fails to comply with any provision of this article, will be excused from such violation if within thirty days of becoming aware of such violation, or being notified of such violation, and prior to the institution of any civil action or criminal proceeding against the licensee, the licensee notifies the borrower of the violation, makes full restitution of any overcharges, and makes all other adjustments as are necessary to make the lending transaction comply with this article.”

And,

On page one, following the enacting clause, by striking the enacting section in its entirety and inserting in lieu thereof the following:

“That §31-17-8 and §31-17-17 of the Code of West Virginia, 1931, as amended, be amended and reenacted as follows” and a colon.

            The bill was then ordered to third reading.

            S. B. 384, Requiring Bureau for Medical Services seek federal waiver for 30-day waiting period for tubal ligation; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            S. B. 459, Requiring county board of education to pay tuition to Mountaineer Challenge Academy; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for S. B. 468, Allowing lender charge and receive interest on rescindable loan during rescission period; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for S. B. 493, Allowing creation of self-settled spendthrift trusts; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            S. B. 505, Exempting certain uses of field gas from motor fuel excise taxes; on second reading, coming up in regular order, was read a second time.

An amendment, recommended by the Committee on Finance, 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 §11-14C-9a, to read as follows:

ARTICLE 14C. MOTOR FUEL EXCISE TAX.

§11-14C-9a. Additional exemptions from tax.

(a) Additional per se exemptions from flat rate component of tax. — In addition to the provisions of section nine of this article, sales of motor fuel to the following, or as otherwise stated in this subsection, are exempt per se from the flat rate of the tax levied by section five of this article and the flat rate may not be paid at the rack:

Field gas used as fuel to run drilling equipment, compressor engines and other stationary internal combustion engines not used on the roads of this state. For purposes of this exemption, ‘field gas’ means ‘natural gas’ or any derivative thereof, extracted from a production well, storage well, gathering system, pipeline, main or transmission line that is used as fuel to power field equipment. The term ‘field gas’ does not include compressed natural gas, liquefied natural gas, liquefied petroleum gas, gasoline, diesel, kerosene or other fuels used to power motor vehicles.

(b) Additional per se exemptions from variable component of tax. — In addition to the provisions of section nine of this article, sales of motor fuel to the following are exempt per se from the variable component of the tax levied by section five of this article and the variable component may not be paid at the rack:

Field gas used as fuel to run drilling equipment, compressor engines and other stationary internal combustion engines not used on the roads of this state. For purposes of this exemption, ‘field gas’ means ‘natural gas’ or any derivative thereof, extracted from a production well, storage well, gathering system, pipeline, main or transmission line that is used as fuel to power field equipment. The term ‘field gas’ does not include compressed natural gas, liquefied natural gas, liquefied petroleum gas, gasoline, diesel, kerosene or other fuels used to power motor vehicles.”

On motion of Delegate Ireland, the Finance Committee amendment was amended on page one, section nine-c, subsection (a), line six, after the word “state”, by changing the period to a colon and inserting the following proviso: “Provided, That any royalty payments shall have previously been paid to the appropriate mineral owners pursuant to the terms of any existing lease.”

And,

On page one, section nine-c, subsection (b), line sixteen, after the word “state” by changing the period to a colon and inserting the following proviso: “Provided, That any royalty payments shall have previously been paid to the appropriate mineral owners pursuant to the terms of any existing lease.”

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

The bill was then ordered to third reading.

            S. B. 516, Relating to registration for selective service; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for S. B. 545, Relating to asbestos abatement on oil and gas pipelines; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for S. B. 595, Relating to retirement credit for members of WV National Guard; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for S. B. 599, Relating generally to Uniform Unclaimed Property Act; on second reading, coming up in regular order, was read a second time.

            Delegate Walters moved to amend the bill on page one, by striking out everything after the enacting section and inserting in lieu thereof the following:

“ARTICLE 13D. UNCLAIMED LIFE INSURANCE BENEFITS ACT.

§33-13D-1. Definitions.

(a) Definitions. --- For purposes of this section:

(1) ‘Account owner’ means the owner of a retained asset account who is a resident of this state.

(2) ‘Annuity contract’ means an annuity contract issued in this state. The term ‘annuity contract’ shall not include an annuity used to fund an employment-based retirement plan or program where: (1) The insurer does not perform the record-keeping services; or (2) the insurer is not committed by terms of the annuity contract to pay death benefits to the beneficiaries of specific plan participants.

(3) ‘Death Master File’ means the United States Social Security Administration’s Death Master File or any other database or service that is at least as comprehensive as the United States Social Security Administration’s Death Master File for determining whether a person has died.

(4) ‘Death Master File match’ means a search of the Death Master File that results in a match of the person’s first and last name and Social Security number or the first and last name and date of birth of an insured, annuity owner or retained asset account holder.

(5) ‘Knowledge of death’ shall, for the purposes of this section, mean: (a) Receipt of an original or valid copy of a certified death certificate; or (b) a Death Master File match validated by the insurer in accordance with section two of this article.

(6) ‘Person’ means the policy insured, annuity contract owner, annuitant or account owner, as applicable under the policy, annuity contract or retained asset account at issue in this act.

(7) ‘Policy’ means any policy or certificate of life insurance issued in this state that provides a death benefit. The term ‘policy’ shall not include: (i) Any policy or certificate of life insurance that provides a death benefit under an employee benefit plan: (a) subject to the Employee Retirement Income Security Act of 1974, as periodically amended; or (b) under any federal employee benefit program: or (ii) any policy or certificate of life insurance that is used to fund a preneed funeral contract or prearrangement; or (iii) any policy or certificate of credit life or accidental death insurance; or (iv) any policy issued to a group master policyholder for which the insurer does not provide record-keeping services.

(8) ‘Record-keeping services’ means those circumstances under which the insurer has agreed with a group policy or contract customer to be responsible for obtaining, maintaining and administering in its own or its agents' systems information about each individual insured under an Insured’s group insurance contract (or a line of coverage thereunder), at least the following information: (1) Social Security number or name and date of birth; and (2) beneficiary designation information; (3) coverage eligibility; (4) benefit amount; and (5) premium payment status.

(9) ‘Retained asset account’ means any mechanism whereby the settlement of proceeds payable under a policy or annuity contract is accomplished by the insurer or an entity acting on behalf of the insurer depositing the proceeds into an account with check- or draft-writing privileges, where those proceeds are retained by the insurer or its agent, pursuant to a supplementary contract not involving annuity contract benefits other than death benefits.

§33-13D-2. Insurer conduct.

 (a) An insurer shall perform a comparison of its insureds’ in-force policies, annuity contracts and account owners against a Death Master File to identify potential death master file matches of its insureds, annuitants and account owners, on at least an annual basis, by using the full Death Master File once and thereafter using the Death Master File update files for future comparisons to identify potential Death Master File matches. The comparison using the full Death Master File should be completed within two years of the effective date of this article and must be completed on policies in force as of 1986, and all policies issued thereafter: Provided, That the Insurance Commissioner shall promulgate legislative rules requiring that the comparison against a Death Master File be completed on policies issued at earlier times if the commissioner determines that reliable technology and data exist to make such comparison accurate and cost-effective to match to the established Master Death Database.

(b) The insurer comparison of policies, annuity contracts and account owners shall be conducted first to the extent that such records are available electronically and then using the most easily accessible insurer data for records that are not available electronically.

(c) This section shall not apply to policies or annuity contracts for which the insurer is receiving premiums from outside the policy value, by check, bank draft, payroll deduction or any other similar method of active premium payment within the eighteen months immediately preceding the Death Master File comparison.

(d) Nothing in this section shall limit the insurer from requesting a valid death certificate as part of any claims validation process.

(e) For those potential matches identified as a result of a Death Master File match, or if an insurer learns of the possible death of a person otherwise, then the insurer shall, within ninety days of a Death Master File match:

(1) Complete a good faith effort, which shall be documented by the insurer, to confirm the death of the person against other available records and information;

(2) Review its records to determine whether the deceased person has any other products with the insurer;

(3) Determine whether benefits may be due in accordance with any applicable policy, annuity contract or retained asset account.

(f) Every insurer shall implement procedures to account for:

(1) Common nicknames, initials used in lieu of a first or middle name, use of a middle name, compound first and middle names, and interchanged first and middle names;

(2) Compound last names, maiden or married names, and hyphens, blank spaces or apostrophes in last names;

(3) Transposition of the ‘month’ and ‘date’ portions of the date of birth; and

(4) Incomplete Social Security number.

(g) If the beneficiary or other authorized representative has not communicated with the insurer within the ninety-day period, the insurer shall take reasonable steps and use good faith efforts, which shall be documented by the insurer, to locate and contact the beneficiary or beneficiaries or other authorized representative on any such policy, annuity contract or retained asset account, including, but not limited to, sending the beneficiary information regarding the insurer’s claims process, including the need to provide an official death certificate if applicable under the policy, annuity contract or retained asset account.

(h) To the extent permitted by law, the insurer may disclose minimum necessary personal information about a person or beneficiary to a person who the insurer reasonably believes may be able to assist the insurer in locating the beneficiary or a person otherwise entitled to payment of the claims proceeds.

(i) An insurer or its service provider shall not charge any beneficiary or other authorized representative for any fees or costs associated with a Death Master File search or verification of Death Master File match conducted pursuant to this section.

(j) The benefits from a policy, annuity contract or a retained asset account, plus any applicable accrued contractual interest shall first be payable to the designated beneficiaries or owners, and in the event said beneficiaries or owners cannot be found, shall be paid to the state as unclaimed property pursuant to article eight, chapter thirty-six of this code.

(k) The West Virginia Office of the Insurance Commissioner has exclusive authority to promulgate such rules and regulations as may be required or reasonably necessary to implement the provisions of this section.

(l) The commissioner may, in his or her reasonable discretion, make an order to:

(1) Limit an insurer’s Death Master File comparisons required under subsection (a) of this section to the insurer’s electronic searchable files or approve a plan and timeline for conversion of the insurer’s files to searchable electronic files upon a demonstration of hardship by the insurer;

(2) Exempt an insurer from the Death Master File comparisons required under subsection (a) of this section or permitting an insurer to perform such comparisons less frequently than annually upon a demonstration of hardship by the insurer; or

(3) Phase-in compliance with this section according to a plan and timeline approved by the commissioner.”

Delegate Shott 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 Rowe submitted an amendment, and by unanimous consent, reformed the amendment as follows:

On page two, section two, line thirty, following the words “is based”, by striking out the colon, and the words “Provided, That the”, and inserting a period, and the following:

            “To determine if insurance proceeds are unclaimed, an insurer for its life policies, contracts and accounts shall perform a comparison against the master death file maintained by the United State Social Security Administration within twelve months of the effective date of this section for the period of January one, one thousand nine hundred eighty-six to present.  After the initial comparison, such comparisons shall be made at least annually.   The”.

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

The yeas and nays having been ordered, they were taken (Roll No. 455), and there were--yeas 49, nays 50, absent and not voting 1, with the yeas and absent and not voting being as follows:

Yeas: Bates, Blackwell, Boggs, Butler, Byrd, Campbell, Canterbury, Caputo, Deem, Eldridge, D. Evans, Faircloth, Fast, Ferro, Flanigan, Fleischauer, Fluharty, Guthrie, Hamilton, Hartman, Hicks, Hornbuckle, Kurcaba, Longstreth, Lynch, Manchin, Marcum, Miley, Moffatt, Moore, Morgan, Moye, Perdue, Perry, Pethtel, Phillips, Pushkin, Reynolds, Rodighiero, Rohrbach, Rowe, Shaffer, Skinner, P. Smith, Sponaugle, Statler, Storch, Walters and P. White.

Absent and Not Voting: Trecost.

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

            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 reported by the Clerk.

Delegate Cowles asked unanimous consent that the bill be advanced to third reading with amendments pending, and with the restricted right to amend by Delegate Shott, which consent was not given, objection being heard.

Delegate Cowles moved that the bill be advanced to third reading with amendments pending, and with the restricted right to amend by Delegate Shott.

Whereupon,

Delegate Cowles asked and obtained unanimous consent that the motion be withdrawn.

            Delegate Cowles then asked and obtained unanimous consent that the bill be postponed one day.

            S. B. 613, Defining total capital for purposes of calculating state-chartered bank's lending limit; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for S. B. 614, Conforming statute with court interpretation by replacing "unconscionable" with "fraudulent" when referring to conduct; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for S. B. 625, Revising exceptions from FOIA provided for in Aboveground Storage Tank Act; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for S. B. 634, Creating William R. Laird IV Second Chance Driver's License Act; 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 two, after the enacting section, by striking the remainder of the bill and inserting in lieu thereof the following:

“ARTICLE 7. second chance driver’s license Program.

§17B-7-1. Short Title.

This article is known as and may be cited as the William R. Laird IV Second Chance Driver’s License Act.

§17B-7-2. Legislative findings and purpose.

(a) The Legislature finds that allowing individuals who have been unable to obtain a driver’s license or to have their driver’s licenses reinstated due to unpaid court costs will better enable these individuals to return to the workforce and repay unpaid court costs in a timely manner.

(b) The purpose of this article is to create a program that allows the commissioner to temporarily stay a driver’s license suspension or revocation for individuals who are accepted into the second chance driver’s license program if the individual thereafter remains current in the repayment of unpaid court costs as required by the program.

§17B-7-3. Definitions.

For the purposes of this article:

(1) ‘Commissioner’ means the Commissioner of the Division of Motor Vehicles, or his or her designee;

(2) ‘Consolidated repayment schedule’ means the schedule by which a participant is expected to make monthly payments for unpaid court costs consistent with the requirements of the program as established by the director;

(3) ‘Court’ means a municipal court, magistrate court, circuit court, family court or drug court in the State of West Virginia and the Supreme Court of Appeals of West Virginia;

(4) ‘Director’ means Director of the Division of Justice and Community Services, or his or her designee;

(5) ‘Good standing’ means compliance by a participant with the requirements of the program, as set forth in this article and legislative rules promulgated hereunder;

(6) ‘Monthly payment’ means the amount that a participant is scheduled to remit to the director each month pursuant to the consolidated repayment schedule;

(7) ‘Participant’ means a person who applies for, and is accepted into, the second chance driver’s license program by the director;

(8) ‘Second chance driver’s license program’ or ‘program’ means the program created under this article that establishes a payment structure for a participant to consolidate unpaid court costs into monthly payments over a defined period of time, coordinates the acceptance and distribution of monthly payments from a participant, and certifies that a participant in good standing is eligible for a temporary stay of a driver’s license suspension or revocation due to certain unpaid court costs; and

(9) ‘Unpaid court costs’ means any fee, fine, expense, cost or other moneys that are required to be paid by a person to a court, pursuant to one or more valid court orders, and have not been paid in full.

§17B-7-4. Second chance driver’s license program established; creation and administration by director; program eligibility.

(a) There is hereby established the second chance driver’s license program, which shall be administered by the director pursuant to the requirements of this article.

(b) To be eligible to participate in the program, a person must:

(1) Have his or her driver’s license suspended or revoked for failure to remit unpaid court costs pursuant to section three-a or section three-c, article three, chapter seventeen-b of this code;

(2) Be at least twelve months delinquent in payment of unpaid court costs to a court or courts;

(3) Not have any unpaid court costs incurred from charges that involve driving a commercial motor vehicle or which otherwise violate the commercial driver’s license requirements in chapter seventeen-e of this code; and

(4) Meet other eligibility requirements established pursuant to the rules developed under section nine of this article.

§17B-7-5. Program acceptance; development of consolidated repayment schedule; no other court fee payments required.

(a) A person wishing to participate in the second chance driver’s license program shall complete an application form prepared by the director. 

(b) Upon receipt of a person’s application, the director shall coordinate with the courts and the commissioner to verify the total amount of the applicant’s unpaid court costs in the State of West Virginia at the time of the application.

(c) All courts shall provide a full accounting of all unpaid court costs assignable to the applicant within thirty days of the request of the director. The accounting shall separately identify the portion of the court costs that constitute a fine, forfeiture or penalty remaining unpaid by the applicant for each order of the court for which unpaid balances remain.

(d) Any unpaid court costs not reported to the director by a court as provided by subsection (c) of this section may not be collected separately by the court during the time in which the applicant is a participant in the program.

(e) If a participant completes the program, any unpaid court costs, except for unpaid fines, not submitted to the director pursuant to subsection (c) of this section shall be deemed waived unless the unpaid court costs were part of an order entered after the date upon which the director requested information for a participant. The driver’s license suspension or revocation with respect to any unpaid fine not reported by a court shall be released upon completion of the program by the participant.

(f) Within thirty days after receipt of information concerning unpaid court costs, the director shall determine if the applicant is eligible to participate in the program.  Upon determination, the director shall promptly notify the applicant of his or her acceptance into the program. 

(g) Upon acceptance of the applicant as a participant in the program, the director shall develop a consolidated repayment schedule for the participant, which will require the participant to remit payments on a monthly basis to the director according to guidelines established by the director in legislative rules, subject to the following conditions:

(1) The monthly payment shall be determined based on the participant’s monthly income and expenditures, but may not be less than $50 per month; and

(2) The consolidated repayment schedule shall require full payment of the unpaid court costs within one year.

(h) The consolidated repayment schedule may be amended to reflect changes in a participant’s circumstances.

(i) The director, in his or her discretion, may permit a hardship waiver of the requirements of subsection (g) of this section, upon a determination that the applicant’s circumstances may have changed, and that the objectives of this article are best accomplished if the consolidated repayment schedule requires a lesser monthly payment or a longer period of time to remit the unpaid court costs: Provided, That the director may not waive the total amount of unpaid court costs submitted by the courts according to subsection (a) of this section.

(j) Upon acceptance into the program, a participant in good standing with the program is under no obligation to make separate or additional payments of unpaid court costs directly to a court if those unpaid court costs are included in the consolidated repayment schedule.

§17B-7-6. Payments to be made to director; certificate of compliance; failure to comply with consolidated repayment schedule.

(a) Upon acceptance into the program and establishment of a consolidated repayment schedule, the participant shall remit monthly payments to the director in the manner prescribed by the director and in compliance with the consolidated repayment schedule.

(b) Upon receipt of the first monthly payment required by the participant’s consolidated repayment schedule, the director shall issue to the commissioner, in writing or electronically, a certificate of compliance verifying the participant’s good standing in the program.

(c) If a participant fails to make a monthly payment within thirty days of a deadline set by the consolidated repayment schedule, the director shall immediately issue, in writing or electronically, a certificate of noncompliance to the commissioner stating that the participant is not in good standing in the program.

(1) If a participant, after failing to make one or more timely monthly payments, remits the total amount due at that time according to the consolidated repayment schedule, the director shall issue a certificate of compliance to the commissioner stating that the participant is once again in good standing in the program.

(2) If a participant fails to make timely monthly payments in accordance with the consolidated repayment schedule on three occasions, the director shall remove the participant from the program and shall issue a program removal notice to the commissioner and applicable courts receiving payments under the program stating that the participant is no longer a participant in the program.

(d) If a participant is convicted of a subsequent criminal offense after acceptance into the program, the director shall remove the participant from the program and, upon removal, the director shall issue a program removal notice to the commissioner and applicable courts receiving payments under the program stating that the participant is no longer a participant in the program.

(e) Upon completion of all monthly payments in the consolidated repayment schedule by the participant, the director shall issue a program completion certificate to the commissioner and the court or courts to whom the participant owed unpaid court costs under the program, stating that the participant completed the program in good standing.

(f) Upon receipt of a program completion certificate by the director stating that the participant has completed the program in good standing, the court or courts whose unpaid court costs were paid according to the consolidated repayment schedule shall enter an order acknowledging payment in full of the unpaid court costs.

§17B-7-7. Stay of driver’s license suspension or revocation.

(a) Upon receipt of a certificate of compliance prepared by the director, the Division of Motor Vehicles shall stay the participant’s driver’s license suspension or revocation for unpaid court costs: Provided, That the participant’s drivers license shall be subject to restrictions upon where and when the participant may operate a motor vehicle during this stay of the suspension or revocation, as determined by the Commissioner.

(b) The Division of Motor Vehicles may require retesting for a driver’s license for any participant who has not had a valid driver’s license within the six months prior to the date of receipt of the certificate of compliance.  Notwithstanding any other provision of the code to the contrary, a participant shall not be required to pay any fees to the Division of Motor Vehicles for retesting.

(c) Upon receipt of a certificate of noncompliance prepared by the director, the commissioner shall remove the stay of the participant’s driver’s license suspension or revocation until further notice from the director regarding the participant’s status in the program. 

(d) Upon receipt of a program removal notice issued by the director, the commissioner shall remove the stay of the participant’s driver’s license suspension or revocation.

(e) Notwithstanding any other provision of code to the contrary, no participant in the program shall be required to pay any reinstatement fees for unpaid court costs within the scope of the consolidated repayment schedule.

§17B-7-8. Second chance driver’s license program account created.

There is hereby created in the State Treasury an account to be known as the Second Chance Driver’s License Program Account. The account shall consist of all moneys received from individuals participating in the program. The fund shall be administered by the Division of Justice and Community Services solely for the purposes of this article. Any moneys remaining in the fund at the close of a fiscal year shall be carried forward for use in the next fiscal year. Funds in the account shall not be invested, used, withdrawn or transferred out of the account except for the purposes allowed in the provisions of this article.

§17B-7-9.  Deposit of funds into account; disbursement of funds from account.

(a) The director shall deposit all money received from participants pursuant to a consolidated repayment schedule into the Second Chance Driver’s License Program Account. The director shall prorate, separate and identify the portion of each payment that constitutes payment of a fine, forfeiture or penalty in accordance with the information provided to the director pursuant to subsection (c), section five of this article.   

(b) After deposit of a participant’s monthly payment into this account, the director shall make disbursements from this account as follows:

(1) Portions of payments identified as payment of a fine, forfeiture or penalty shall be disbursed to the courts identified in the repayment schedule;

(2) Ninety-five percent of the portions of the payments remaining after payment as required in subdivision (1) of this subsection shall be disbursed to the courts identified in the participant’s consolidated repayment schedule.  Courts shall accept and document these payments of ninety-five percent of the total unpaid court costs, not including court costs received pursuant to subdivision (1) of this subsection, as payment in full of the amount owed by the participant to the court for this portion of court costs owed; and

(3)  The portion of the payments remaining in the account after payment of the court costs in subdivisions (1) and (2) of this subsection may be appropriated by the Legislature to be expended for costs incurred by the director in the administration of this article. 

(c) Courts that receive disbursements pursuant to subsection (b) of this section are responsible for making statutory disbursements of amounts received in satisfaction of unpaid court costs according to the requirements of the code.

§17B-7-10.  Rule-making Authority.

(a) To implement the provisions of this article, the director, in consultation with the commissioner, shall promulgate emergency and legislative rules pursuant to the provisions of article three, chapter twenty-nine-a of this code, which shall include, but not be limited to, the following:

(1) The form, content and information required to be furnished in the application forms;

(2)   The procedure and requirements of the eligibility review process;

(3) Guidelines for creation of a consolidated repayment schedule of unpaid court costs;

(4) Terms and conditions for acceptance into the program, maintenance of good standing, and completion of the program;

(5) Forms for certificates of compliance, certificates of noncompliance, program removal notice and program completion certificate; and

(6) The procedures for removal or suspension from the program.

(b) To implement the provisions of this article, the commissioner shall promulgate emergency and legislative rules pursuant to the provisions of article three, chapter twenty-nine-a of this code, which may include, but are not limited to, the following:

(1) Establishing the procedures for issuing a stay of a participant’s driver’s license suspension or revocation; and

(2) Establishing the restrictions upon where and when a participant may utilize his or her driver’s license to operate a motor vehicle during the stay of the suspension or revocation authorized by this article.”

The bill was then ordered to third reading.

            Com. Sub. for S. B. 691, Modifying certain air pollution standards; on second reading, coming up in regular order, was read a second time and ordered to third reading.

First Reading

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

            S. B. 107, Uniform Interstate Depositions and Discovery Act,

            Com. Sub. for S. B. 157, Authorizing Department of Revenue to promulgate legislative rules,

            Com. Sub. for S. B. 159, Authorizing promulgation of legislative rules by miscellaneous boards and commissions,

            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,

            Com. Sub. for S. B. 267, Modifying removal procedure for certain county, school district and municipal officers,

            Com. Sub. for S. B. 270, Repealing code relating to insurance policies,

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

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

            Com. Sub. for S. B. 298, Allowing restaurants, private clubs and wineries sell alcoholic beverages on Sundays,

            Com. Sub. for S. B. 339, Establishing Judicial Compensation Commission,

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

            Com. Sub. for S. B. 361, Prohibiting persons who have committed crimes against elderly from performing community service involving elderly,

            Com. Sub. for S. B. 378, Relating to truancy intervention,

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

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

            Com. Sub. for S. B. 504, Relating to confidentiality of juvenile records,

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

            Com. Sub. for S. B. 539, Relating to condemnation proceedings,

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

            Com. Sub. for S. B. 567, Providing protection against property crimes committed against coal mines, railroads, utilities and other industrial facilities,

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

            Com. Sub. for S. B. 602, Relating to Patient Injury Compensation Fund,

            Com. Sub. for S. B. 619, 2016 Regulatory Reform Act,

            Com. Sub. for S. B. 621, Exempting taxicab companies with independent contract drivers from providing workers' compensation coverage,

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

            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,

            Com. Sub. for 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,

            H. B. 4741, Expiring funds to the Division of Human Resources, Medical Services Trust Fund,

            And,

            H. B. 4742, Expiring funds to the Division of Human Resources, Medical Services Trust Fund from various accounts.

At 4:48 p.m., on motion of Delegate Cowles, the House of Delegates recessed until 7:00 p.m.

* * * * * * *

Evening Session

* * * * * * *

Messages from the Executive

            The Speaker laid before the House the following communications, which was read by the Clerk as follows:

State of West Virginia

EXECUTIVE DEPARTMENT

Charleston

A     P  R  O  C  L  A  M  A  T  I  O  N

By the Governor

Whereas, The Constitution of West Virginia sets forth the respective powers, duties and responsibilities of the three separate branches of government; and

Whereas, Article VI, Section 22 of the Constitution of West Virginia provides that the current regular session of the Legislature shall not exceed sixty calendar days computed from and including the second Wednesday of January, two thousand sixteen; and

Whereas, Pursuant to Article VI, Section 22 of the Constitution of West Virginia, the 2016 regular session of the Legislature is scheduled to conclude on the twelfth day of March, two thousand sixteen; and

Whereas, Article VI, Section 51 of the Constitution of West Virginia sets forth the obligations of the Governor and the Legislature relating to the preparation and enactment of the Budget Bill; and

Whereas, Subsection D, Article VI, Section 51 of the Constitution of West Virginia requires the Governor to issue a Proclamation extending the regular session of the Legislature if the Budget Bill shall not have been finally acted upon by the Legislature three days before the expiration of its regular session; and

Whereas, The Budget Bill has not been finally acted upon by the Legislature as of this ninth day of March, two thousand sixteen.

            NOW, THEREFORE, I, EARL RAY TOMBLIN, Governor of the State of West Virginia, do hereby issue this Proclamation, in accordance with Subsection D Article VI, Section 51 of the Constitution of West Virginia, to extend the two thousand sixteen regular session of the Legislature for an additional period not to exceed three days, through and including the fifteenth day of March, two thousand sixteen; but no matters other than the Budget Bill shall be considered during this extension of the session, except providing for the cost thereof.

            IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of West Virginia to be affixed.

DONE at the Capitol in the City of Charleston, State of West Virginia, on this the ninth day of March, in the year of our Lord, Two Thousand Sixteen, and in the One Hundred Fifty-Third year of the State.

Earl Ray Tomblin,

                                               Governor.

By the Governor:

NATALIE E. TENNANT,

   Secretary of State.

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

EXECUTIVE MESSAGE NO. 2

2016 REGULAR SESSION

The Honorable Tim Armstead

Speaker, West Virginia House of Delegates

State Capitol, Rm 228M

Charleston, West Virginia 25305

Dear Mr. Speaker:

            Pursuant to the provisions of section twenty, article one, chapter five of the Code of West Virginia, I hereby certify that the following annual reports have been received in the Office of the Governor:

Accountancy, West Virginia Board of; Annual Report FY June 30, 2014 – June 30, 2015

Acupuncture, West Virginia Board of; Annual Report 2014-2015 Fiscal Year

Aeronautic Commission, West Virginia; Annual Report 2015           

Alcohol Beverage Control Administration, West Virginia Department of Revenue; Annual Report   FY 2015

Architects Board, State of West Virginia; Annual Report Fiscal Years 2013 & 2014; 2014 Fiscal year fee schedule

Attorney General, Office of the; Annual Report 2015

Barbers & Cosmetologists, Board of; Annual Report 2015

Benedum Foundation; Annual Report 2014

Boxley; Sustainability Report 2014

Chiropractic, West Virginia Board of; Biennium Report July 1, 2013-June 30, 2015

Citizen Review Panel, West Virginia; Annual Report October 1, 2014-September 30, 2015

Closing the Expectations Gap: Achieve- National Education Summit on High Schools; Annual Report 2014

Coal Mine Health & Safety, Board of; Annual Report 2015

Commercial Motor Vehicle Weight and Safety Enforcement Advisory Committee; Annual Report 2015

Consumer Advocate Division, Public Service Commission; Annual Report 2016

Consumer Protection and Antitrust Division, West Virginia Attorney General; Annual Report November 20, 2014-November 19, 2015

Consumer Advocate, West Virginia Insurance Commission, Office of the; Annual Report 2015

Contractors Association of West Virginia; Annual Report 2015

Corrections, West Virginia Department of Military Affairs & Public Safety, Division of; Annual Report 2015

Counseling, West Virginia Board of; Annual Report 2013-2015

Crime Victims Compensation Fund, Court of Claims; Annual Report 2015

Deaf and Hard of Hearing, West Virginia Commission for the; Annual Report 2015

Dietitians, West Virginia Board of Licensed; Annual Report FY 2015

Drinking Water Treatment Revolving Fund, West Virginia; Annual Report year ending June 30, 2015

Energy, West Virginia Division of; Annual Report December 2014-November 2015

Engineers, West Virginia Board of Registration for Professional; Annual Report 2015

Entrepreneurial Studies & Development, Center of; WV Listening Tour Summary Report 2014

Environmental Protection, Department of; Annual Report Fiscal Year 2013-14

Family Protection Services Board; Annual Report 2013-2014

Financial Institutions, West Virginia Division of; Annual Report FY June 30, 2015

Fire Commission, West Virginia State; Annual Report FY 2015

Greater Kanawha Valley Foundation; Annual Report 2015 Annual Report

Grievance Board, West Virginia Department of Administration, Public Employees; Annual Report 2015

Health Care Authority, West Virginia; Annual Report 2015

Hearing Aid Dealers Licensure Board, West Virginia; Annual Report Fiscal Year 2014-2015

Herbert Henderson Office of Minority Affairs; Annual Report 2015

Infrastructure & Jobs Development Council, West Virginia; Annual Report year ended June 30, 2015     

Insurance Commissioner, West Virginia Office of; Annual Report 2014

Interstate Insurance Product Regulation Commission (IIPRC); Annual Report 2014 period ending December 31, 2014

Interstate Mining Compact Commission; Annual Report 2014

James “Tiger” Morton Catastrophic Illness Commission; Annual Report 2015

JP Morgan Chase and Co.; Annual Report 2014

Lincoln Primary Care Center, Inc.; Annual Report 2015

Lotter, West Virginia; Annual Report FY June 30, 2015 and 2014

Martin Luther King Jr., State Holiday Commission; Annual Report 2015

Massage Therapy Licensure Board, West Virginia; Annual Report 2015 Fiscal Year

Medical Imaging & Radiation Therapy Technology BOE, West Virginia; Annual Report FY 2014-2015

Medical Malpractice Report, Insurance Commissioner, State of West Virginia; Annual Report 2015

Medicine, West Virginia Board of; Biennium Report July 1, 2013-June 30, 2015

Miners’ Health, Safety & Training, West Virginia Department of Commerce, West Virginia Office of; Annual Report FY 2014

Municipal Home Rule Board; Annual Report January 1, 2015-December 31, 2015

National Guard Youth Foundation; Mid-Year-Report 2015

National Shooting Sports Foundation, Inc.; Impact Report on Firearms & Ammunition Industry 2014

National Shooting Sports Foundation, Inc.; Annual Report 2015

Natural Resources, West Virginia Division of; Annual Report 2014-2015

Nurses Board, West Virginia Registered; Biennium Report July 1, 2013-June 30, 2015

Nursing Home & Assisted Living Facilitates in West Virginia; Annual Report October 1, 2013-September 30, 2014

Nursing Home Administers Licensing Board, West Virginia; Annual Report FY 2015

Ohio River Valley Water Sanitation Commission; Annual Report FY 2015

Potomac River Basin, Interstate Commission on the; Financial Statement October 1, 2013-September 30, 2014

Privacy Office, West Virginia State; Annual Report 2015

Public Defender Services, West Virginia Department of Administration; Annual Report FY-2015

Public Utility Assessments, State of West Virginia; Tax Year 2016

Racing Commission, Department of Revenue, West Virginia; Annual Report 2014

Real Estate Appraiser Licensing and Certification Board, West Virginia; Annual Report FY 2014-2015

Real Estate Commission; Annual Report 2015

Region 4 Planning and Development Council; Comprehensive Economic Development Strategy (CEDS) Five Year Plan 2014-2018

Rehabilitation Facilities, West Virginia Association of; Annual Report FY 2015

Rehabilitation Services, WV Statewide Independent Living Council, West Virginia Department of; Annual Report 2015

Rehabilitation Services, West Virginia Division of; Annual Report 2015

Retirement Board, WV State Police Disability Experience, West Virginia Consolidated Public; Annual Report FY 2015

Sanitarians, West Virginia Board of; Annual Report 2015

Statewide Independent Living Council; Annual Report Fiscal Year 2014, October 1, 2014-September 30, 2014

Tax Department, West Virginia State Tax; Expenditure Study 2016

Tax Department, West Virginia; 51^st Biennial Report

Tax Increment Financing:  Development Office:  Department of Commerce; Annual Report 2014 year ended June 30, 2014

Treasury Investments, West Virginia Board of; Annual Report year ended June 30, 2015

Veterinary Medicine, West Virginia Board of; Biennium Report July 1, 2013-June 30, 2015

Water & Waste Management’s Groundwater Program, West Virginia Department of Environmental Protection, Division of; Biennial Report, July 2, 2013-June 30, 2015

Water Development Authority, West Virginia; Annual Report FY 2015

Water Development Authority, West Virginia, West Virginia; Annual Report year ended June 30, 2015

West Virginia Association of Counties; Annual Report FY 2014-2-15

Women’s Commission, West Virginia; Annual Report 2015

Youth Services, Department of Health and Human Resources, Bureau of Children and Families, West Virginia; Annual Report FY 2014

                                                                                    Very truly yours,

                                                                                    Earl Ray Tomblin,                                                                                                                                   Governor.

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 8, 2016

EXECUTIVE MESSAGE NO. 3

2016 REGULAR SESSION

The Honorable Tim Armstead

Speaker, West Virginia House of Delegates

State Capitol, Rm 228M

Charleston, West Virginia 25305

Dear Mr. Speaker:

            In accordance with the provisions of section 11, article 7 of the Constitution of the State of West Virginia, and section 16, article 1, chapter 5 of the Code of West Virginia, I hereby report that I granted no pardons or reprieves, nor commuted punishment to any person, nor remitted any fines or penalties, during the period of March 14, 2015 through March 8, 2016.

                                                                                    Very truly yours,

                                                                                    Earl Ray Tomblin,

Governor.

Messages from the Senate

A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, and changed the effective date, to take effect from passage, a bill of the House of Delegates as follows:

Com. Sub. for H. B. 4171, Relating to the public school calendar.

            On motion of Delegate Cowles, the bill was taken up for immediate consideration.

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

            On this question, the yeas and nays were taken (Roll No. 456), and there were--yeas 77, nays 2, absent and not voting 21, with the nays and absent and not voting being as follows:

Nays: Espinosa and Upson.

Absent and Not Voting: Deem, A. Evans, Flanigan, Gearheart, Hamilton, Lane, Marcum, Moore, Morgan, J. Nelson, Perdue, Phillips, Reynolds, Rodighiero, Romine, Shott, Skinner, Statler, Westfall, B. White and P. White.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4171) takes effect from its passage.

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

A message from the Senate, by

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

H. B. 4246, Changing the Martinsburg Public Library to the Martinsburg-Berkeley County Public Library.

A message from the Senate, by

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

H. B. 4340, Amending licensing requirements for an act which may be called Lynette’s Law.

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. 4345, Repealing the West Virginia Permitting and Licensing Information 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:

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

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. 4651, Relating to professional examination requirements for hearing-aid dealers and fitters.

            A message from the Senate, by

            The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of

Com. Sub. for S. B. 104, Classifying Marshall University Forensic Science Center as a criminal justice agency.

            A message from the Senate, by

            The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of

S. B. 334, Identifying coyote as fur-bearing animal and woodchuck as game animal.

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had refused to concur in the amendment of the House of Delegates and requested the House to recede from its amendment to

Com. Sub. for S. B. 343, Authorizing prosecuting attorneys designate law-enforcement officers and investigators as custodians of records

            On motion of Delegate Cowles, the House of Delegates refused to recede from its amendment and requested the Senate to agree to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses.

            Whereupon,

            The Speaker appointed as conferees on the part of the House of Delegates the following:

            Delegates Weld, McCuskey and Fleischauer.

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

            A message from the Senate, by

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

S. B. 349, Updating meaning of federal adjusted gross income.

            A message from the Senate, by

            The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of

S. B. 469, Clarifying what personal funds are exempt from levy following judgment.

Motions

            Delegate Cadle submitted a written motion that the House reconsider its earlier action on Com. Sub. for S. B. 599 and that the bill be returned to second reading and that the House reconsider the amendment to the bill.

            On this question, the House divided and the motion to reconsider was rejected.

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. 272, Allowing investigators from Attorney General's office to carry concealed weapons,

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. 578, Protecting utility workers from crimes against person,

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

            Delegate McCuskey, from 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 9^th  day of March, 2016, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:

(Com. Sub. for S. B. 27), Permitting county commissions hire outside attorneys for collection of taxes through courts,

(Com. Sub. for S. B. 254), Not allowing county park commissions to prohibit firearms in facilities,

(Com. Sub. for S. B. 379), Relating to candidate filing fees,

            And,

(S. B. 509), Removing 10-day requirement Division of Labor has to inspect amusement rides and attractions.

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

            Your Committee on Finance has had under consideration:

S. B. 427, Transferring funds from State Excess Lottery Fund to Department of Revenue,

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

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

            Your Committee on Finance has had under consideration:

S. B. 404, Removing prohibition on billing persons for testing for HIV and sexually transmitted diseases,

            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. 278, Clarifying physicians’ mutual insurance company is not state or quasi-state actor,

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

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

            Your Committee on Finance has had under consideration:

S. B. 618, Allowing Economic Development Authority to make loans to certain whitewater outfitters,

            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. 465, Allowing professional employer insure certain risks through pure insurance captive,

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

            On motion of Delegate Cowles, S. B. 618, Allowing Economic Development Authority to make loans to certain whitewater outfitters, was taken up for further consideration.

At the respective requests of Delegate Cowles, and by unanimous consent, the bill (S. B. 618) was taken up for immediate consideration, read a first time and ordered to second reading.

Miscellaneous Business

            Delegate Moffatt filed a form with the Clerk’s Office per House Rule 94b to be added as a cosponsor of H. C. R. 101.

Delegate Bates noted to the Clerk that he was absent when the vote was taken on Roll No. 439, and that had he been present, he would have voted “Yea” thereon.

Delegate Ireland noted to the Clerk that he was absent when the vote was taken on S. B. 43, and that had he been present, he would have voted “Yea” thereon.

            Delegate Kelly announced that he was absent when the vote was taken on Roll No. 440, and that had he been present, he would have voted “Yea” thereon.

            Delegate Guthrie noted to the Clerk that she was absent when the votes were taken on Roll Nos. 438 and 439, and that had she been present, she would have voted “Yea” thereon.

Delegate Hill asked and obtained unanimous consent that the remarks of Delegate  McCuskey regarding S. B. 416 be printed in the Appendix to the Journal.

Delegate P. Smith filed a form with the Clerk's Office per House Rule 94b to be removed as a cosponsor of H. C. R. 36.

At 8:08 p.m., the House of Delegates adjourned until 9:30 a.m., Thursday, March 9, 2016.