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Friday, March 11, 2016
FIFTY-NINTH DAY
[MR. SPEAKER, MR. ARMSTEAD, IN THE CHAIR]
The House of Delegates met at 9:00 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 Thursday, March 10, 2016, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 4080, Department of Veterans’ Assistance, rule relating to VA headstones or markers.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect July 1, 2016 , a bill of the House of Delegates as follows:
H. B. 4351, Transferring the Cedar Lakes Camp and Conference Center from the West Virginia Board of Education to the Department of Agriculture.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, without amendment, bills of the House of Delegates as follows:
Com. Sub. for H. B. 4487, Relating to state retirement systems,
Com. Sub. for H. B. 4502, Allowing reciprocity agreements with contiguous states to establish regulations, licensing requirements and taxes for small businesses,
Com. Sub. for H. B. 4517, Limiting the ability of an agent under a power of attorney to take self-benefiting actions,
And,
Com. Sub. for H. B. 4519, Allowing certain municipalities to elect to participate in the West Virginia Municipal Police Officers and Firefighters Retirement System.
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:
H. C. R. 4, The “Homestead Exemption Increase Amendment”,
H. C. R. 8, Harry Ripley Memorial Bridge,
Com. Sub. for H. C R. 13, U.S. Army SPC 4 Everette R. Johnson Memorial Bridge,
Com. Sub. for H. C R. 51, U.S. Army PFC Danny Mire Stoneking Memorial Bridge,
And,
Com. Sub. for H. C R. 54, Byron ‘Bray’ Kelley Memorial Bridge.
Reordering of the Calendar
Delegate Cowles announced that the Committee on Rules had moved H. B. 4741 and H. B. 4742 on Third reading, Special Calendar, to follow Com. Sub. for S. B. 269 on Third reading, Special Calendar; and Com. Sub. for S. J. R 14 on First reading, Special Calendar, to the House Calendar.
Resolutions Introduced
Delegate A. Evans offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 116 - “Requesting the Joint Committee on Government and Finance to study the need to amend section four, article seven, chapter eight of the Code of West Virginia to provide a mechanism for decreasing corporate municipality limits by making a minor boundary adjustment when the municipality has declined to apply for a decrease.”
Whereas, Section four, article seven, chapter eight of the Code of West Virginia provides that in the event a municipality desires to decrease its corporate limits by making a minor boundary adjustment, the governing body of such municipality may apply to the county court of the county wherein the municipality or the major portion of the territory thereof is located for permission to effect such decrease in the corporate limits by minor boundary adjustment; and
Whereas, Section four, article seven, chapter eight of the Code of West Virginia does not provide a process whereby a county court can require a municipality to effectuate a minor boundary decrease in the municipality’s corporation limit line of demarcation to facilitate clarification, correction, and reconciliation to improve the county’s real property land tax records and tax maps when the municipality has declined to apply for a decrease; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on Government and Finance to study the need to amend section four, article seven, chapter eight of the Code of West Virginia to provide a mechanism for decreasing corporate municipality limits by making a minor boundary adjustment when such an adjustment is necessary or desired and the municipality has declined to apply for a decrease; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2017, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct these studies, to prepare reports and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegates Cooper, Ambler, Atkinson, Campbell, Espinosa, D. Evans, Kelly, Moye, Perdue, Rohrbach, Romine, Rowan, R. Smith and Wagner offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 117 - “Requesting the Joint Committee on Government and Finance conduct a study of the Mountaineer ChalleNGE Academy to develop recommendations to enhance programs for at-risk youth in the State of West Virginia.”
Whereas, In 1991 the Joint Armed Services Committee directed the National Guard to develop a plan to “add value to America” by providing values, skills, education and self-discipline to young people incorporating the structure and esprit de corps found in the military model and the National Youth ChalleNGE program began operating in 1993 under Public Law 102-484, with West Virginia as one of the original programs; and
Whereas, The Mountaineer ChalleNGE Academy is intended to train and mentor selected at-risk youth to become contributing members of society using the Eight Core Components in a quasi-military environment during a twenty-two-week residential and one year post-residential follow-up program; and
Whereas, The Mountaineer ChalleNGE Academy gives at-risk youths a second chance at obtaining their basic education and potentially gaining their high school diploma; and
Whereas, The State of West Virginia and its youth may benefit by expanding the ChalleNGE Academy or instituting other programs to help them become successful; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study other ways to provide additional support to develop and grow programs for at-risk youth, such as the ChalleNGE Academy, to explore the possibility of investing in a second ChalleNGE Academy program in West Virginia, and to assess the ability of establishing a National Defense Cadet Corps at West Virginia high schools that do not have Junior Reserve Officer Training Corps programs; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature 2017 on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegates Morgan, Boggs, Canterbury, Caputo, Eldridge, A. Evans, Fleischauer, Fluharty, Guthrie, Hamilton, Hartman, Hornbuckle, Miley, Moore, Moye, Perdue, Pushkin, Reynolds, Romine, Rowe, Skinner, Stansbury, Storch, Trecost, Walters and P. White offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 118 - “Requesting the Joint Committee on Government and Finance study how best to implement work and job-training requirements for recipients of Supplemental Nutrition Assistance Program (SNAP) benefits in the category of Able-Bodied Adults without Dependents (ABAWD).”
Whereas, The State Legislature is committed to helping SNAP recipients in the ABAWD category with individual screening and plans, access to paid and unpaid employment – including workfare and volunteer service, job training, and entering educational and training programs that qualify them for employment; and
Whereas, SNAP provides food support for approximately 90,000 recipients in the ABAWD category; and
Whereas, The SNAP benefits for this category bring in tens of millions in federal dollars into the state’s economy, thereby supporting numerous retail establishments and service jobs; and
Whereas, The state is currently conducting a pilot program for the nine counties to move nonexempt recipients in the ABAWD category into work and training, and this pilot may be expanded to other counties in the future; and
Whereas, The state does not currently provide a breakdown of characteristics of SNAP recipients in the ABAWD category as a basis for planning and targeting state and community resources; and
Whereas, Resources are required to give each recipient in the pilot program individual screenings and feasible plans within SNAP policies, and to develop the necessary infrastructure for assessing and developing options, including workfare, volunteer service, and education and training; and
Whereas, Organizations exist in the state and its communities to help provide these resources; and
Whereas, Deliberate and diligent study and coordination with state and local agencies and other interested parties will maximize public and private resources and help to reach their common goal of assisting recipients who are not otherwise exempt from the requirements in contributing to their local communities and achieving self-sufficiency; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is requested to study the means and methods of implementing work and training requirements for SNAP recipients in the ABAWD group, and to consider the resources required to expand the pilot and the optimal time frames for any potential expansion; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the Legislature before the 2017 regular session its findings, conclusions and recommendations to fully implement the USDA requirements for the ABAWD population and the optimal time frames for expansion beyond the pilot counties, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the Department of Health and Human Resources and its partners shall cooperate with the Legislature to provide access to information, access to personnel, and access to all records necessary to effectuate the provisions of this study; and, be it
Further Resolved, That the expenses necessary to conduct this study and to prepare and draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Petitions
Delegate Upson presented a petition from citizens of Jefferson County urging support of H. B. 4584, Prohibiting shifting future development costs onto existing public service district customers; which was referred to the Committee on Government Organization.
Delegate Marcum presented a petition signed by fifty-one Delegates urging consideration of all bridge naming resolutions; which was referred to the Committee on Roads and Transportation.
Special Calendar
Unfinished Business
H. C. R. 36, Applying for an Article V Amendments Convention to Propose a Constitutional Amendment; coming up in regular order, as unfinished business, was reported by the Clerk.
Delegate Sponaugle moved to amend the resolution on page three, line eleven, following the period, by inserting the following:
“Further Resolved, That this resolution is null and void and of no effect if the West Virginia Legislature fails to enact a fully funded budget for fiscal year 2017, signed by action of the Governor or otherwise lawfully enacted, by April 1, 2016.”
On the adoption of the amendment, Delegate Sponaugle demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 492), and there were--yeas 33, nays 63, absent and not voting 4, with the yeas and absent and not voting being as follows:
Yeas: Azinger, Bates, Blackwell, Boggs, Byrd, Campbell, Caputo, Eldridge, Ferro, Fleischauer, Fluharty, Guthrie, Hartman, Hornbuckle, Longstreth, Lynch, Manchin, Marcum, Miley, Moore, Morgan, Moye, J. Nelson, Perdue, Perry, Phillips, Pushkin, Reynolds, Rodighiero, Shaffer, P. Smith, Sponaugle and P. White.
Absent and Not Voting: Arvon, Hicks, Lane and Skinner.
So, a majority of the members present and voting not having voted in the affirmative, the amendment was rejected.
An amendment recommended by Delegate J. Nelson was reported by the Clerk.
Whereupon,
Delegate J. Nelson then asked and obtained unanimous consent to withdraw the amendment and offer a reformed amendment in its stead, as follows:
Delegate J.Nelson moved to amend the resolution on page one, line one, by striking out everything beginning with the word “Applying” and inserting in lieu thereof the following:
“Requesting the Joint Committee on the Judiciary to study the proposal of urging Congress call a convention of the states, under the authority reserved to the states in Article V of the United States Constitution, limited to proposing amendments to the Constitution of the United States that impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government and limit the terms of office for its officials and for members of Congress.
Whereas, The elected West Virginia State Senators and Delegates have a need for a study to research and determine the viability and limits of such a convention process, as well as provide answers to the many outstanding questions of the members and the public at large.
Whereas, Article IV, Section 4 of the Constitution of the United States guarantees to every state a republican form of government which gives each state equal standing when calling for an amendments convention. Article V of the Constitution of the United States reserves to the several states the right to call for a convention for the purpose of amending the United States Constitution when Congress or the courts or both Congress and the courts refuse to address an egregious wrong suffered by the people; and
Whereas, The states alone have the authority to “limit” the agenda and authority of a convention. The states alone can call for a “Single Issue” convention by agreeing among themselves the purpose, terms, conditions, duration and agenda for the convention. Congress does not have the authority to define a “Single Issue” convention. The authority of Congress, under Article V of the United States Constitution, empowers it to convene a convention as called for and defined by the several states; and
Whereas, The founders of our Constitution empowered state legislators to be guardians of liberty against future abuses of power by the federal government which has created a crushing national debt through improper and imprudent spending; and
Whereas, The federal government has invaded the legitimate roles of the states through the manipulative process of federal mandates, most of which are unfunded to a great extent, and the federal government has ceased to live under a proper interpretation of the Constitution of the United States; and
Whereas, It is the solemn duty of the states to protect the liberty of the people—particularly for the generations to come—by proposing amendments to the Constitution of the United States through a Convention of the States under Article V for the purpose of restraining these and related abuses of power; therefore, be it
Resolved by the Legislature of West Virginia:
That the State of West Virginia strongly condemns the prolonged and unlawful expansion of Federal authority upon the rights and self-governance of the people of West Virginia and is contemplating this action as a method of self-preservation against such abuses; and be it;
Further Resolved, For the purposes of determining
whether the Legislature should That the Legislature hereby urges Congress call a convention of the
states, under the authority reserved to the states in Article V of the United
States Constitution, limited to proposing amendments to the Constitution of the
United States that impose fiscal restraints on the federal government, limit
the power and jurisdiction of the federal government and limit the terms of
office for its officials and for members of Congress, the Legislature hereby
requests that the Joint Committee on the Judiciary to determine the viability,
limits, and answer other questions about the process should the State of West
Virginia proceed with the application; and, be it
Further Resolved, That the State of West Virginia
hereby applies to Congress, under the provisions of Article V of the
Constitution of the United States, for the calling of a convention of the
states limited to proposing amendments to the Constitution of the United States
that impose fiscal restraints on the federal government, limit the power and
jurisdiction of the federal government and limit the terms of office for its
officials and for members of Congress and absolutely no other business will be
authorized at this convention; and, be it
Further Resolved, That this application constitutes a
continuing application in accordance with Article V of the Constitution of the
United States until the legislatures of at least two thirds of the several
states have made applications on the same subject; and, be it
Further Resolved, That the Joint Committee on the Judiciary report to the regular session of the Legislature, 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 the Judiciary.
Further Resolved, That the Clerk of the Senate is
hereby directed to forward this resolution and application to the President and
Secretary of the United States Senate, to the Speaker and Clerk of the United
States House of Representatives, to the members of West Virginia’s
congressional delegation and to the presiding officers of each of the
legislative houses in the several states requesting their cooperation.
Delegate Cowles, asked and obtained unanimous consent that the bill be placed at the foot of the calendar, with the amendment pending.
Third Reading
S. B. 107, Uniform Interstate Depositions and Discovery Act; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 493), 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: Arvon and Guthrie.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 107) passed.
On motion of Delegate Shott, the title of the bill was amended to read as follows:
S. B. 107- “A Bill to amend and reenact the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §56-12-1, §56-12-2, §56-12-3, §56-12-4, §56-12-5, §56-12-6, §56-12-7, and §56-12-8, all relating to creating and adopting the Uniform Interstate Depositions and Discovery Act; establishing a short title of the act; defining terms; creating the procedure governing issuance of subpoenas by clerks of the court in this state; requiring foreign subpoenas to be filed as miscellaneous actions; requiring a filing fee to be charged; clarifying the rules governing service of such subpoenas; establishing application of the West Virginia Rules of Civil Procedure to subpoenas issued under the act; requiring that any application for a protective order or to enforce, quash or modify a subpoena issued under the act comply with the rules and statutes of this state including where to file any such application; encouraging consideration of uniformity of the law with respect to the act whenever it is applied and construed; and establishing the application of the effective date of the act.”
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. 157, Authorizing Department of Revenue 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. 494), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Walters.
Absent and Not Voting: Arvon and Boggs.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 157) passed.
On motion of Delegate Shott, the title of the bill was amended to read as follows:
Com. Sub. for S. B. 157 - “A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to promulgation of administrative rules by Department of Revenue; relating generally to repealing certain legislative, procedural or interpretive rules promulgated by certain agencies and boards under the Department of Revenue which are no longer authorized or are obsolete; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules with various amendments presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules with various amendments recommended by the Legislature; directing various agencies to amend and promulgate certain legislative rules; authorizing Alcohol Beverage Control Commission to promulgate legislative rule relating to nonintoxicating beer licensing and operations procedures; authorizing Alcohol Beverage Control Commission to promulgate legislative rule relating to private club licensing; authorizing Alcohol Beverage Control Commission to promulgate legislative rule relating to distilleries and mini-distilleries; authorizing the Racing Commission to promulgate legislative rule relating to thoroughbred racing; authorizing Racing Commission to promulgate legislative rule relating to pari-mutuel wagering; authorizing Department of Tax and Revenue to promulgate legislative rule relating to payment of taxes by electronic funds transfer; authorizing Department of Tax and Revenue to promulgate legislative rule relating to an exchange of information agreement between Commissioner of the Tax Division of the Department of Revenue and Secretary of the Department of Commerce, Secretary of State, Secretary of the Department of Environmental Protection, Director of the Division of Forestry of the Department of Commerce and Commissioners of the Public Service Commission; repealing certain legislative and procedural rule promulgated by certain agencies and boards under the Department of Revenue; repealing the Tax Division legislative rule relating to listing of interests in natural resources for purposes of first statewide appraisal; repealing the Tax Division legislative rule relating to guidelines for assessors to assure fair and uniform nonutility personal property values; repealing the Tax Division legislative rule relating to review by circuit court on certiorari; repealing the Tax Division legislative rule relating to review of appraisals by the county commission sitting as an administrative appraisal review board; repealing the Tax Division legislative rule relating to additional review and implementation of property appraisals; repealing the Tax Division legislative rule relating to review by circuit court on certiorari; directing the State Tax Department to amend and promulgate legislative rule relating to valuation of timberland and managed timberland; repealing the Tax Division legislative rule relating to revision of levy estimates; repealing the Tax Division legislative rule relating to inheritance and transfer tax; repealing the Tax Division legislative rule relating to annual tax on incomes of certain carriers; repealing the Tax Division legislative rule relating to the telecommunications tax; repealing the Tax Division legislative rule relating to tax credit for employing former members of Colin Anderson Center; repealing the Tax Division legislative rule relating to tax credits for new value-added, wood manufacturing facilities; repealing the Tax Division legislative rule relating to tax credits for new steel, aluminum and polymer manufacturing operations; repealing the Tax Division legislative rule relating to the business investment and jobs expansion tax credit, corporation headquarters relocation tax credit and small business tax credit; repealing the Tax Division legislative rule relating to appraisal of property for periodic statewide reappraisals for ad valorem property tax purposes; repealing the Banking Commissioner legislative rule relating to the West Virginia Consumer Credit and Protection Act; repealing the Banking Commissioner procedural rule relating to West Virginia Board of Banking and Financial Institutions; repealing the Office of the Insurance Commissioner legislative rule relating to utilization management; repealing the Office of the Insurance Commissioner legislative rule relating to Medicare supplement insurance coverage; and directing the Lottery Commission to amend and promulgate legislative rule relating to limited video lottery.”
Delegate Cowles moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 495), and there were--yeas 98, nays none none, absent and not voting 2, with the absent and not voting being as follows:
Absent and Not Voting: Arvon and Boggs.
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. 157) 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. 159, Authorizing promulgation of legislative rules by miscellaneous boards and commissions; 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. 496), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent and Not Voting: Arvon, Boggs and Hamilton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 159) passed.
On motion of Delegate Shott, the title of the bill was amended to read as follows:
Com. Sub. for S. B. 159 - “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by various executive or administrative agencies of the state; 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 agencies and commissions to repeal certain legislative, procedural or interpretative rules that are no longer authorized or are obsolete; directing various agencies to amend and promulgate certain legislative rules; authorizing the Board of Examiners in Counseling to promulgate a legislative rule relating to licensing; authorizing the Board of Examiners in Counseling to promulgate a legislative rule relating to licensed professional counselor license renewal and continuing professional education requirements; authorizing the Board of Examiners in Counseling to promulgate a legislative rule relating to marriage and family therapists licensing; authorizing the Board of Examiners in Counseling to promulgate a legislative rule relating to marriage and family license renewal and continuing professional education requirements; authorizing the Board of Accountancy to promulgate a legislative rule relating to board rules and rules of professional conduct; authorizing the Department of Agriculture to promulgate a legislative rule relating to the inspection of nontraditional domesticated animals; authorizing the Department of Agriculture to promulgate a legislative rule relating to poultry litter and manure movement into primary poultry breeder rearing areas; authorizing the Department of Agriculture to promulgate a legislative rule relating to livestock care standards; authorizing the Department of Agriculture to promulgate a legislative rule relating to captive cervid farming; repealing the Department of Agriculture legislative rule relating to tobacco; repealing the Department of Agriculture legislative rule relating to the conduct of beef industry self-improvement assessment program referendums; repealing the Department of Agriculture legislative rule relating to the conduct of beef self-improvement assessment program referendums; repealing the Department of Agriculture legislative rule relating to West Virginia seal of quality; repealing the Department of Agriculture legislative rule relating to aquaculture farm rules; repealing the Department of Agriculture procedural rule relating to the conduct of tree fruit industries self-improvement assessment program referendums; authorizing the State Conservation Committee to promulgate a legislative rule relating to the West Virginia Conservation Agency Financial Assistance Program; authorizing the Board of Dentistry to promulgate a legislative rule relating to continuing education requirements; authorizing the Board of Dentistry to promulgate a legislative rule relating to expanded duties of dental hygienists and dental assistants; authorizing the State Election Commission to promulgate a legislative rule relating to the regulation of campaign finance; authorizing the State Election Commission to promulgate a legislative rule relating to the West Virginia Supreme Court of Appeals public campaign financing program; authorizing the State Board of Registration for Professional Engineers to promulgate a legislative rule relating to the examination, licensure and practice of professional engineers; authorizing the Governor’s Committee on Crime, Delinquency and Correction to promulgate a legislative rule relating to law enforcement training and certification standards; authorizing the Medical Imaging and Radiation Therapy Technology Board of Examiners to promulgate a legislative rule relating to the board; authorizing the Board of Medicine to promulgate a legislative rule relating to the establishment and regulation of limited license to practice medicine and surgery at certain state veterans nursing home facilities; directing the Board of Medicine to promulgate a legislative rule relating to licensing and disciplinary procedures of Physicians and Podiatrists; authorizing the Nursing Home Administrators Licensing Board to promulgate a legislative rule relating to nursing home administrators; authorizing the Board of Pharmacy to promulgate a legislative rule relating to the licensure and practice of pharmacy; authorizing the Board of Pharmacy to promulgate a legislative rule relating to the Uniform Controlled Substances Act; authorizing the Board of Pharmacy to promulgate a legislative rule relating to record keeping and automated data processing systems; authorizing the Board of Pharmacy to promulgate a legislative rule relating to the licensure of wholesale drug distributors, third-party logistics providers and manufacturers; authorizing the Property Valuation and Procedures Commission to promulgate a legislative rule relating to tax map sales; authorizing the Board of Social Work to promulgate a legislative rule relating to qualifications for the profession of social work; authorizing the Secretary of State to promulgate a legislative rule relating to registration forms and receipts; authorizing the Secretary of State to promulgate a legislative rule relating to the elimination of precinct registration books; authorizing the Secretary of State to promulgate a legislative rule relating to absentee voting by military voters who are members of reserve units called to active duty; authorizing the Secretary of State to promulgate a legislative rule relating to the Freedom of Information Act database; repealing the Secretary of State legislative rule relating to matters relating to corporations and other business entity filing; repealing the Secretary of State legislative rule relating to matters relating to official election forms and vendor authorization; authorizing the Board of Examiners for Speech-Language Pathology and Audiology to promulgate a legislative rule relating to the licensure of speech pathology and audiology; and authorizing the Board of Examiners for Speech-Language Pathology and Audiology to promulgate a legislative rule relating to speech-language pathology and audiology assistants; authorizing the Enterprise Resource Planning Board to promulgate a legislative rule relating to the enterprise resource planning system user fee; repealing the Cable TV Advisory Board legislative rule relating to franchising procedures; repealing the Cable TV Advisory Board legislative rule relating to implementing regulations; repealing the Cable TV Advisory Board legislative rule relating to calculation and collection of late fee; repealing the Cable TV Advisory Board procedural rule relating to administrative procedures for consumer complaint resolution under the West Virginia Cable TV Systems Act; repealing the Cable TV Advisory Board procedural rule relating to rate regulation procedures; repealing the Cable TV Advisory Board procedural rule relating to form and service of notice under section eight, article eighteen-a, chapter five of this code; repealing the Contractor Licensing Board legislative rule relating to consumer complaints; repealing the Respiratory Care Board legislative rule relating to the procedure for licensure applications; repealing the Attorney General procedural rule relating to freedom of information; repealing the Municipal Bond Commission procedural rule relating to rules of procedure covering board and executive committee meetings of the Municipal Bond Commission; repealing the Housing Development Fund legislative rule relating to refiling of administrative rules pertaining to administration of single-family mortgage loans; repealing the Public Service Commission legislative exempt rule relating to rules and regulations for carrier access to the lines and facilities of other carriers; repealing the Public Service Commission legislative exempt rule relating to rules and regulations for shipper access to the lines and facilities of rail carriers; repealing the Infrastructure and Jobs Development Council procedural rule relating to establishing procedures to provide public notice of date, time, place, agenda and purpose of meetings of the West Virginia Infrastructure and Jobs Development Council and manner in which meetings are to be conducted; repealing the Water Development Authority procedural rule new procedures in relation to providing public notice of date, time, place and purpose of meetings of the West Virginia Water Development Authority and manner in which meetings are to be conducted; and directing the Board of Osteopathic Medicine to promulgate a legislative rule relating to licensing procedures for osteopathic physicians.”
Delegate Cowles moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 497), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent and Not Voting: Arvon.
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. 159) 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. 262, Eliminating need for law enforcement to obtain court order prior to having access to inmate mail and phone recordings; 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. 498), and there were--yeas 94, nays 5, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Faircloth, Fast, Folk, Ihle and McGeehan.
Absent and Not Voting: Arvon.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 262) passed.
On motion of Delegate Shott, the title of the bill was amended to read as follows:
Com. Sub. for S. B. 262 - “A Bill to amend and reenact §25-1-17 and §25-1-18 of the Code of West Virginia, 1931, all relating to law enforcement not needing to obtain court orders prior to receiving recordings of inmate phone calls and inmate mail for investigative purposes; eliminating requirement for promulgation of legislative rules relating to monitoring of inmate telephone conversations and mail; requiring commissioner to promulgate policy directive establishing record-keeping procedure to memorialize telephone conversations and mail provided to law enforcement for investigation; requiring records to be retained in accordance with Division of Correction’s record retention policy; allowing an inmate’s attorney access to telephone conversations and inmate mail supplied to law enforcement and exceptions thereto; clarifying that inmate mail and telephone provisions apply only to inmates in physical custody of commissioner; and clarifying that information supplied to law enforcement is not subject to disclosure under the Freedom of Information Act."
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. 267, Modifying removal procedure for certain county, school district and municipal officers; on third reading, coming up in regular order, with restricted right to amend by Delegates Shott and Manchin, was reported by the Clerk.
There being no amendments, the bill was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 499), and there were--yeas 89, nays 10, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Azinger, Folk, Frich, Kelly, Kurcaba, Moffatt, Moye, Shaffer, Sponaugle and Wagner.
Absent and Not Voting: Arvon.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 267) 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. 269, Budget Bill; on third reading, coming up in regular order, was read a third time.
During extensive debate, the Speaker reminded the Members to confine their remarks to the bill before the House.
Speaker Pro Tempore Anderson in the Chair
Mr. Speaker, Mr. Armstead, arose from his seat and requested to be excused from voting on the passage of Com. Sub. for S. B. 269 under the provisions of House Rule 49.
The Speaker Pro Tempore replied that any impact on Mr. Armstead would be as a member of a class of persons possibly to be affected by the passage of the bill, and refused to excuse him from voting.
Delegates Shaffer, P. Smith, Blackwell, Byrd, Morgan, Moye, Marcum, Campbell, J. Nelson, Wagner, Eldridge, R. Smith, Guthrie, Ferro, Azinger, Overington, Anderson, McGeehan, Hamilton, Espinosa, Duke, Lane, E. Nelson, Fast, Householder, Waxman, Hamrick and Ihle requested to be excused from voting on the passage of Com. Sub. for S. B. 269 under the provisions of House Rule 49.
The Speaker pro tempore replied that any impact on the Delegates would be as a member of a class of persons possibly to be affected by the passage of the bill, and refused to excuse the Members from voting.
Mr. Speaker, Mr. Armstead, in the Chair
Delegates Cowles, Ambler and Rowe requested to be excused from voting on the passage of Com. Sub. for S. B. 269 under the provisions of House Rule 49.
The Speaker replied that any impact on the Delegates would be as a member of a class of persons possibly to be affected by the passage of the bill, and refused to excuse the Members from voting.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 500), and there were, including 4 paired --yeas 61, nays 38, absent and not voting 1, with the paired, nays and absent and not voting being as follows:
Pursuant to House Rule 43, the following pairing was filed and announced by the Clerk:
Paired:
Yea: Flanigan Nay: Sponaugle
Yea: Walters Nay: P. White
Nays: Bates, Blackwell, Boggs, Byrd, Campbell, Caputo, Eldridge, Ferro, Fleischauer, Fluharty, Folk, Guthrie, Hartman, Hicks, Hornbuckle, Ihle, Longstreth, Lynch, Manchin, Marcum, McGeehan, Miley, Moore, Morgan, Moye, Perdue, Pethtel, R. Phillips, Pushkin, Reynolds, Rodighiero, Rowe, Shaffer, Skinner, P. Smith, Trecost.
Absent and Not Voting: Arvon.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 269) passed.
Delegate Cowles moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 501), and there were--yeas 58, nays 39, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Bates, Blackwell, Boggs, Byrd, Campbell, Caputo, Eldridge, Ferro, Fleischauer, Fluharty, Folk, Guthrie, Hartman, Hicks, Hornbuckle, Ihle, Longstreth, Lynch, Manchin, Marcum, McGeehan, Miley, Moore, Morgan, Moye, Perdue, Perry, Pethtel, Phillips, Pushkin, Reynolds, Rodighiero, Rowe, Shaffer, Skinner, P. Smith, Sponaugle, Trecost and P. White.
Absent and Not Voting: Arvon, Flanigan and Walters.
So, two thirds of the members elected to the House of Delegates not having voted in the affirmative, the Speaker declared the motion rejected.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
At 2:05 p.m., on motion of Delegate Cowles, the House of Delegates recessed until 3:00 p.m.
* * * * * * *
At the request of Delegate Cowles, and by unanimous consent, the House of Delegates returned to the Seventh Order of Business for the purpose of introduction and consideration of a resolution.
Introduction of Resolutions
By Delegate Miley, on behalf of all Members of the House of Delegates, offered the following resolution, which was read by the Clerk as follows:
H. R. 20 - “Honoring and memorializing the life of Frank ‘Chunki’ Angotti who served for four years in the West Virginia Legislature.”
Whereas, Frank “Chunki” Angotti was born on July 20, 1948, to the late Frank and Rose Romano Angotti of Clarksburg, the second of four boys; and
Whereas, in the spirit of the way he lived his life, Frank “Chunki” Angotti was helping a neighbor remove snow on January 23 after a winter storm when the suffered a heart attack, and he passed away on February 4 at Ruby Memorial Hospital in Morgantown; and
Whereas, Frank “Chunki” Angotti also had roots in Hinton, West Virginia and during his early years where his father was a pharmacist and graduated from Notre Dame High School in Clarksburg with the Class of 1966; and
Whereas, Frank “Chunki” Angotti was formerly married to Mary Virginia Maunz Angotti with whom he had two children Dr. Lori Angotti and Dr. Frank T. Angotti III, who reside in West Virginia; and
Whereas, Frank “Chunki” Angotti is also survived by his longtime companion, Gina Jones of Clarksburg along with his brothers, Mark Angotti, Dr. Michael Angotti and Dr. Marshall Angotti; and
Whereas, After graduating high school Frank “Chunki” Angotti attended Fairmont State College and enlisted in the United States Army Reserves serving his country for six years from 1970 until 1976; and
Whereas, Frank “Chunki” Angotti was a born entrepreneur and operating several small businesses, including Chunki's Restaurant for the past thirty-eight years which was a well-known icon throughout Harrison County. He was especially proud of developing the Hot Italian Sub and his Heart Shaped Pizzas only served on Valentine's Day. He often claimed to be the “oldest hot delivery” in Clarksburg. Practically every morning he entertained his friends and colleagues with coffee and good conversation at Chunki's restaurant until it was time for him and longtime friend, Rhonda Talerico, his right hand at Chunki's, to start preparing for lunch service that day; and
Whereas, serving the public one of Frank “Chunki” Angotti greatest passions. He was first elected to the Clarksburg Water Board in 1993 serving until 1998, and he was twice elected to the West Virginia House of Delegates serving from 1998 to 2002. He was both elected and appointed to the Harrison County Commission for a total of ten years’ service; and
Whereas, Frank “Chunki” Angotti loved his colleagues with whom he served and for many years following his service as a member of the House of Delegates, he would travel to the Capitol in Charleston to serve lunch to all of the Members of the Senate and House. Once, while cooking on the Capitol roof breezeway the wind shifted and filled the Capitol with smoke resulting in its evacuation! He was fondly teased about it for years; and
Whereas, Frank “Chunki” Angotti never refused to help a constituent regardless of whether they had supported his candidacy. No matter what hour of the day or night anyone who would call him and need help with a problem, he would stop what he was doing and spend his time making sure that the person was getting help from the proper government agency. He loved serving the public and did so free of special interest's influence or thoughts of personal gain; and
Whereas, In addition to serving with great integrity and dedication to duty, Frank “Chunki” Angotti was a Roman Catholic by faith and a member of both Immaculate Conception and Our Lady of Perpetual Help Catholic Churches; and
Whereas, Frank “Chunki” Angotti was a dedicated father, a wonderful companion and family man and an active member of the Harrison County community. He especially loved children and would do anything he could to help them. He was a very hard worker and there was no challenge too large or too small that he could not tackle and successfully complete. He was a true public servant and always put the interests of the people ahead of his own. He was dearly loved by his family and friends and will be greatly missed by all who knew him; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby honors one of its own, former Delegate Frank “Chunki” Angotti, who most ably served for four years in the West Virginia Legislature; and, be it
Further Resolved, That the House of Delegates memorializes the life of Frank “Chunki” Angotti, a unique and singular individual who devoted his life to better the lives of the citizens of the city of Clarksburg and Harrison County as well as all West Virginians; and, be it
Further Resolved, That the Clerk of the House of Delegates prepare a copy of this resolution for the members of the West Virginia Legislature, the Governor, the Harrison County Commission, his longtime companion and love, Gina Jones of Clarksburg, his daughter, Dr. Lori Angotti and her partner Sam Lopez, his son, Dr. Frank T. Angotti III, and his three brothers and their spouses: Mark and Pam Angotti of Cary, North Carolina, Dr. Michael Angotti and partner Debra Shaw, Virginia Beach, Virginia and Drs. Marshall and Grace Angotti of York, Pennsylvania.
At the respective requests of Delegate Cowles, and by unanimous consent, reference of the resolution (H. R. 20) to a committee was dispensed with, and it was taken up for immediate consideration.
The question now being on the adoption of the resolution, the yeas and nays were demanded, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 502), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent and Not Voting: Arvon, Blackwell, Flanigan and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 20) adopted.
Special Calendar
Third Reading
H. B. 4741, Expiring funds to the Division of Human Resources, Medical Services Trust Fund: on third reading, coming up in regular order, was read a third time.
On the passage of the bill, the yeas and nays were taken (Roll No. 503), and there were, including 2 paired --yeas 65, nays 32, absent and not voting 3, with the paired, nays, absent and not voting being as follows:
Pursuant to House Rule 43, the following pairing was filed and announced by the Clerk:
Paired:
Yea: Flanigan Nay: Sponaugle
Nays: Bates, Byrd, Campbell, Caputo, Eldridge, Ferro, Fleischauer, Fluharty, Guthrie, Hartman, Hicks, Hornbuckle, Longstreth, Lynch, Manchin, Marcum, Miley, Moore, Morgan, Moye, Perdue, Pethtel, R. Phillips, Pushkin, Reynolds, Rodighiero, Rowe, Shaffer, Skinner, Trecost, P. White.
Absent and Not Voting: Arvon, Blackwell and Walters.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4741) passed.
Delegate Cowles moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 504), and there were--yeas 62, nays 34, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Bates, Boggs, Byrd, Campbell, Caputo, Eldridge, Ferro, Fleischauer, Fluharty, Guthrie, Hartman, Hicks, Hornbuckle, Longstreth, Manchin, Marcum, Miley, Moore, Morgan, Moye, Perdue, Perry, Pethtel, R. Phillips, Pushkin, Reynolds, Rodighiero, Rowe, Shaffer, Skinner, P. Smith, Sponaugle, Trecost and P. White.
Absent and Not Voting: Arvon, Blackwell, Flanigan and Walters.
So, two thirds of the members elected to the House of Delegates not having voted in the affirmative, the Speaker declared the motion rejected.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4742, Expiring funds to the Division of Human Resources, Medical Services Trust Fund from various accounts 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. 505), and there were, including 2 paired --yeas 60, nays 38, absent and not voting 2, with the paired, nays, absent and not voting being as follows:
Pursuant to House Rule 43, the following pairing was filed and announced by the Clerk:
Paired:
Yea: Flanigan Nay: Sponaugle
Nays: Bates, Blackwell, Boggs, Byrd, Campbell, Caputo, Eldridge, Ferro, Fleischauer, Fluharty, Guthrie, Hartman, Hicks, Hornbuckle, Longstreth, Lynch, Manchin, Marcum, Miley, Moffatt, Moore, Morgan, Moye, J. Nelson, Perdue, Pethtel, Phillips, Pushkin, Reynolds, Rodighiero, Rowe, Shaffer, Skinner, P. Smith, R. Smith, Trecost and P. White.
Absent and Not Voting: Arvon and Walters.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4742) passed.
Delegate Cowles moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 506), and there were--yeas 60, nays 37, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Bates, Blackwell, Boggs, Byrd, Campbell, Caputo, Eldridge, Ferro, Fleischauer, Fluharty, Guthrie, Hartman, Hicks, Hornbuckle, Longstreth, Lynch, Manchin, Marcum, Miley, Moore, Morgan, Moye, J. Nelson, Perdue, Perry, Pethtel, Phillips, Pushkin, Reynolds, Rodighiero, Rowe, Shaffer, Skinner, P. Smith, Sponaugle, Trecost and P. White.
Absent and Not Voting: Arvon, Flanigan and Walters.
So, two thirds of the members elected to the House of Delegates not having voted in the affirmative, the Speaker declared the motion rejected.f
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. 270, Repealing code relating to insurance policies; 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. 507), and there were--yeas 92, nays 4, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Marcum, Miley, Shaffer and P. White.
Absent and Not Voting: Arvon, Flanigan, Kelly and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 270) 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. 291, Law enforcement use of unmanned aircraft systems; on third reading, coming up in regular order, was reported by the Clerk.
Delegate Shott was recognized and asked and obtained unanimous consent to amend the bill on third reading.
On motion of Delegate Shott, the bill was amended on page three, section three, line forty-three by striking out the words “equips an unmanned aircraft system with any lethal weapon”.
On page five, section four, line ninety-seven, by striking out the word “article” and inserting in lieu thereof the word “section”.
And,
On page one, following the enacting clause, by striking out the enacting section and inserting a new enacting section to read as follows:
“That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §61-14-1, §61-14-2, §61-14-3, §61-14-4 and §61-14-5 all to read as follows” and a colon,
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. 508), and there were--yeas 89, nays 9, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Byrd, Eldridge, Fluharty, Ihle, Lynch, McGeehan, Pushkin, Reynolds and Shaffer.
Absent and Not Voting: Arvon and Flanigan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 291) passed.
On motion of Delegate Shott, the title of the bill was amended to read as follows:
Com. Sub. for S. B. 291 - - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §61-14-1, §61-14-2, §61-14-3, §61-14-4 and §61-14-5, all relating to regulation of unmanned aircraft systems; defining terms; requiring compliance with federal laws and regulations relating to such unmanned aircraft systems; creating criminal offenses for certain conduct using an unmanned aircraft system and setting penalties therefor; creating felony criminal offense for operating an unmanned aircraft system equipped with a lethal weapon and setting penalties therefor; creating felony criminal offense for operating an unmanned aircraft system with the intent to cause damage or disrupt in any way the flight of a manned aircraft and setting penalties therefor; setting forth regulations, limitations and prohibitions of the use of unmanned aircraft systems by law-enforcement; regulating law-enforcement use of unmanned aircraft systems; requiring law-enforcement obtain any necessary federal authorization, permit or certificate to operate an unmanned aircraft system; requiring law-enforcement operation of an unmanned aircraft system to only be done by trained and certified persons under appropriate supervision; necessitating law-enforcement operate unmanned aircraft system for a lawful public purpose; requiring documentation of law-enforcement flights of unmanned aircraft systems and maintenance of records; establishing method for public notification of operation of an unmanned aircraft system; providing for community involvement in development of policies; requiring search warrants to be obtained before unmanned aircraft systems may be used in criminal investigations and creating exemptions thereto; prohibiting law-enforcement from using an unmanned aircraft system for purposes of traffic enforcement; making clear allowance of law enforcement when there is reasonable cause to believe that the use and operation of an unmanned aircraft system would safely avert imminent threats to human life and safety, property damage or environmental damage; requiring the Law Enforcement Professional Standards Subcommittee to propose legislative rules and promulgate emergency rules if necessary; prohibiting the operation of an unmanned aircraft system over the property of a targeted facility to intentionally deploy any substance, material, projectile or object, or to conduct surveillance of, gather evidence and information about, or photographically or electronically record a targeted facility without the prior consent of the owner of the targeted facility; providing exceptions to the prohibition of operation over the property of a targeted facility; creating criminal offense for the operation of an unmanned aircraft system over the property of a targeted facility in violation of these provisions and setting penalties therefor; and providing for increased penalties for second or subsequent offenses.”
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. 293, Neighborhood Investment Program Act; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 509), 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: Arvon and Flanigan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 293) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for S. B. 293 - “A Bill to amend and reenact §11-13J-3, §11-13J-4, §11-13J-4a, §11-13J-10 and §11-13J-12 of the Code of West Virginia, 1931, as amended, all relating generally to Neighborhood Investment Program Act; changing termination date; defining terms; specifying frequency of required project transferee reports; specifying number of required advisory board meetings; specifying required number of West Virginia Development Office reports to the board; providing criteria for evaluation of projects; providing for report by Tax Commissioner; and specifying frequency of program assessments by the director.”
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. 298, Allowing restaurants, private clubs and wineries sell alcoholic beverages on Sundays; 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. 510), and there were, including 2 paired --yeas 84, nays 15, absent and not voting 1, with the paired, nays, absent and not voting being as follows:
Pursuant to House Rule 43, the following pairing was filed and announced by the Clerk:
Paired:
Yea: Flanigan Nay: Azinger
Nays: Speaker Armstead, Fast, Frich, Ireland, Lynch, Marcum, Moye, Phillips, Rodighiero, Rowan, Shaffer, Sobonya, Sponaugle and P. White.
Absent and Not Voting: Arvon.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 298) 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. 339, Establishing Judicial Compensation Commission; 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. 511), and there were--yeas 94, nays 4, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Hamilton, Ihle, McGeehan and J. Nelson.
Absent and Not Voting: Arvon and Flanigan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 339) passed.
On motion of Delegate Shott, the title of the bill was amended to read as follows:
Com. Sub. for S. B. 339 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §4-2A-1, §4-2A-2 and §4-2A-3, all relating to establishing a judicial compensation commission; establishing as an advisory commission to the Legislature; setting responsibilities for commission; establishing membership of commission; setting terms of service for appointed members; setting eligibility requirements for certain commission members; providing that members of commission are ineligible for appointment to state judicial position while serving on commission; providing for reimbursement of expenses incurred in carrying out responsibilities of commission; providing for filling of vacancies on commission; giving commission authority to make salary recommendations for certain judicial officers to the Legislature; providing for location of commission meetings; setting meeting notice requirements; directing election of a chairperson; setting quorum requirements; permitting commission to request staff assistance from Joint Committee on Government and Finance; permitting commission to request assistance and information from administrative office of Supreme Court of Appeals; requiring meetings be conducted pursuant to open meetings laws; directing commission to study compensation structure for certain judicial officers for purposes of preparing recommendations; setting forth required factors to be considered in making recommendations regarding compensation; establishing certain dates for preparation and submission of recommendations; providing for filing of commission reports and recommendations with certain offices and entities; allowing a bill enacting commission’s salary recommendations to be introduced by the presiding officers of the Senate and House of Delegates in the legislative session following receipt of report; providing for continued study and preparation of recommendations by the commission if the recommendations are not adopted; and providing that commission be adjourned for three years if the complete recommendations of the commission are adopted by the Legislature.”
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 345, Relating to parking on state-owned or leased property; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 512), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent and Not Voting: Arvon, Byrd, Eldridge and Flanigan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 345) 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. 361, Prohibiting persons who have committed crimes against elderly from performing community service involving elderly; 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. 513), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent and Not Voting: Arvon, Byrd, Eldridge and Flanigan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 361) passed.
On motion of Delegate Shott, the title of the bill was amended to read as follows:
Com. Sub. for S. B. 361 - “A Bill to amend and reenact §61-2-10a of the Code of West Virginia, 1931, as amended, relating to prohibiting persons who have committed crimes against the elderly from performing any court-ordered public service involving the elderly.”
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. 378, Relating to truancy intervention; on third reading with amendments pending and the restricted right to amend by Delegates Shott and Perdue, was reported by the Clerk.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk on page one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
“That §18-8-4 and §18-8-8 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 8. COMPULSORY SCHOOL ATTENDANCE.
§18-8-4. Duties of attendance director and assistant directors; complaints, warrants and hearings.
(a) The county attendance director
and the assistants assistant directors shall diligently promote
regular school attendance. The director and assistants assistant
directors shall:
(1) Ascertain the reasons for unexcused absences from school of students of compulsory school age and students who remain enrolled beyond the compulsory school age as defined under section one-a of this article; and
(2) Take such steps as that
are, in their discretion, best calculated to encourage the attendance of
students and to impart upon the parents and guardians the importance of
attendance and the seriousness of failing to do so; and.
(3) (b) For the purposes of this article, the
following definitions shall apply:
(A) (1) AExcused absence@ shall be defined to include
includes:
(i)(A) Personal illness or injury of the student, or in
the family if the illness or injury prohibits a student from school
attendance. A student shall provide written documentation from a medical
provider stating the illness or injury precludes school attendance when a
student’s illness or injury caused that student to be absent for five or more
consecutive days of school, or ten days in any ninety-day period: Provided, That
excused absences caused by personal illness or injury of the student verified
only by a note from a parent, guardian or custodian are limited to five in any
one semester or ten in a school year. After a student has been absent for
personal illness or injury five times in a semester or ten times in a school
year, any further absences shall be unexcused unless verified by a physician;
(B) Personal illness or injury of a member of the student’s family who regularly resides with the student, if the family member requires the active assistance of the student during the illness or injury and there is no other individual who can assist the family member: Provided, That any absence lasting longer than two days pursuant to this paragraph shall not be considered excused unless written documentation is provided by a medical provider confirming that the student’s absence from school is necessary for the ongoing care of the family member;
(ii)(C) A Medical medical or dental appointment with written
excuse or documentation of the appointment from physician or dentist
a medical or dental provider;
(iii)(D) A Chronic chronic medical condition or disability that
impacts precludes attendance, unless the chronic medical condition or disability can be
reasonably accommodated by the school, and the school has apprised the student
and his parent, guardian or custodian of the accommodation. A student claiming
that his or her chronic medical condition or disability precludes his or her
attendance at school shall provide a written excuse or documentation from a
medical provider stating that the chronic medical condition or disability
necessitates that the student be absent from school. Upon reaching the
requisite number of absences to constitute a chronic medical condition, the
student’s parent, guardian or custodian shall contact the school to ascertain
if reasonable accommodation can be made to allow the student to attend school.
For the purposes of this paragraph, a chronic medical condition or disability
is a medical condition or disability that causes the student to be absent for
five or more consecutive days or ten days or more in any ninety-day period;
(iv)(E) Participation in home or hospital instruction due to
an illness or injury or other extraordinary circumstance that warrants
home or hospital confinement;
(v)(F) A Calamity calamity,
such as a fire or flood;
(vi)(G) A Death death in the student’s
immediate family. As used in this paragraph ‘immediate family’ means
mother, father, aunt, uncle, siblings, grandparents, guardian, custodian or a
family member residing in the child’s home. An excused absence under this
paragraph is limited to five days;
(vii)(H) School-approved or county-approved curricular or
extra-curricular activities;
(viii)(I) A Judicial judicial
obligation or court appearance involving the student, if supported by
written documentation from an attorney, probation officer, judge, magistrate or
Department of Health and Human Resources worker;
(ix)(J) A Military military requirement for
students enlisted or enlisting in the military;
(x)(K) Personal or academic circumstances approved by the
principal;
(L) Absence due to a religious holiday; and
(xi)(M) Such Any other situations as may be
further determined by the county board: Provided, That handling
of absences of students with disabilities shall be in accordance consistent
with the Individuals with Disabilities Education Improvement Act of 2004
and the federal and state regulations and rules adopted in
compliance therewith with the act: Provided, however,
That a school principal, with the approval of the county superintendent of
schools, may authorize that an unexcused absence be determined an excused
absence based on all of the specific facts and circumstances, including without
limitation, some or all unexcused absences prior to return of a student who has
droped out of school after the student attained the age for which school
attendance was no longer mandatory.
(2) An AUnexcused unexcused absence’ shall be is any
absence not specifically included in the definition of Aexcused absence@.
(b) In the case of three total
unexcused absences of a student during a school year, the attendance director
or assistant shall serve written notice to the parent, guardian or custodian of
the student that the attendance of the student at school is required and that
if the student has five unexcused absences, a conference with the principal or
other designated representative will be required.
(c) In order for the absence to be excused, the student or his or her parent, guardian or custodian shall supply the written excuses or documentation to the person at the student’s school designated to receive the excuses or documentation within five days after returning to school from the absence.
(d) For purposes of this section, a student’s illness, injury or chronic medical condition is reasonably accommodated if the school provides necessary and appropriate adjustments to school practices which allow the student’s attendance while ensuring the student’s health and safety and that of his or her fellow students.
(c)(e) In the case that five days have passed from the
end of an absence totaling, or bringing the student to three unexcused absences
during a school year, the attendance director or assistant shall serve written
notice to the parent, guardian, or custodian of the student that the attendance
of the student at the school is required, and that if the student has five
unexcused absences, a conference with the principal or other designated
representative will be required: Provided, That if the unexcused
absences total five, or more days the school may disregard this subsection and
serve notice of the meeting as provided in subsection (f).
(c) (f) In the case of five total unexcused absences,
the attendance director or assistant shall serve written notice to the parent,
guardian or custodian of the student that within five days of receipt of the
notice the parent, guardian or custodian, accompanied by the student, shall
report in person to the school the student attends for a conference with the
principal or other designated representative of the school in order to discuss
and correct the circumstances causing the unexcused absences of the student,
including the adjustment of unexcused absences based upon such the meeting.
(d)(g) In the case of ten total unexcused absences of a
student during a school year, the attendance director or assistant directors
shall make a complaint against the parent, guardian or custodian
before a magistrate of the county. If it appears from the complaint that there
is probable cause to believe that an offense has been committed and that the
accused has committed it, a summons or a warrant for the arrest of the accused
shall issue to any officer authorized by law to serve the summons or to arrest
persons charged with offenses against the state. More than one parent, guardian
or custodian may be charged in a complaint. Initial service of a summons or
warrant issued pursuant to the provisions of this section shall be attempted
within ten calendar days of receipt of the summons or warrant and subsequent
attempts at service shall continue until the summons or warrant is executed.
or until the end of the school term during which the complaint is made,
whichever is later.
(e)(h) The magistrate court clerk, or the clerk of the
circuit court performing the duties of the magistrate court as authorized in
section eight, article one, chapter fifty of this code, shall assign the case
to a magistrate within ten days of execution of the summons or warrant. The
hearing shall be held within twenty days of the assignment to the magistrate,
subject to lawful continuance. The magistrate shall provide to the accused at
least ten days= advance notice of the date, time and place of the hearing.
(f)(i) When any doubt exists as to the age of a student
absent from school, the attendance director and assistants have authority to
assistant directors may require a properly attested birth certificate or
an affidavit from the parent, guardian or custodian of the student, stating the
age of the student. In the performance of his or her duties, the county
attendance director and assistants have authority to assistant
directors may take without warrant any student absent from school in
violation of the provisions of this article and to place the student in
the school in which he or she is or should be enrolled.
(g)(j) The county attendance director and assistants assistant
directors shall devote such time as is required by section three of this
article to the duties of attendance director in accordance with this section
during the instructional term and at such other times as the duties of an
attendance director are required. All attendance directors and assistants
assistant directors hired for more than two hundred days may be
assigned other duties determined by the superintendent during the period in
excess of two hundred days. The county attendance director is responsible under
direction of the county superintendent for efficiently administering school
attendance in the county.
(h)(k) In addition to those duties directly relating to the
administration of attendance, the county attendance director and assistant
directors also shall perform the following duties:
(1) Assist in directing the taking of the school census to see that it is taken at the time and in the manner provided by law;
(2) Confer with principals and teachers on the comparison of school census and enrollment for the detection of possible nonenrollees;
(3) Cooperate with existing state and federal agencies charged with enforcing child labor laws;
(4) Prepare a report for submission
by the county superintendent to the State Superintendent of Schools on school
attendance, at such the times and in such the required
detail as may be required. The state board shall promulgate a
legislative rule pursuant to article three-b, chapter twenty-nine-a of this
code that sets forth student absences that are excluded for accountability
purposes. The absences that are excluded by the rule include, but are not
limited to, excused student absences, students not in attendance due to
disciplinary measures and absent students for whom the attendance director has
pursued judicial remedies to compel attendance to the extent of his or her
authority. The attendance director shall file with the county superintendent
and county board at the close of each month a report showing activities of the
school attendance office and the status of attendance in the county at the
time;
(5) Promote attendance in the county
by compiling data for schools and by furnishing suggestions and recommendations
for publication through school bulletins and the press, or in such
the manner as directed by the county superintendent may
direct;
(6) Participate in school teachers= conferences with parents and students;
(7) Assist in such any
other ways way as directed by the county superintendent may
direct for improving school attendance;
(8) Make home visits of students who
have excessive unexcused absences, as provided above in this section,
or if requested by the chief administrator, principal or assistant principal;
and
(9) Serve as the liaison for homeless children and youth.
'18-8-8. Child suspended for failure to comply with
requirements and regulations treated as unlawfully absent.
§18-8-8. Effect of school suspension on enforcement of the provisions of this article.
If a child be suspended
from school because of improper conduct or refusal of such child to comply with
the requirements of the school, the school shall immediately notify the county
superintendent of such suspension, and specify the time or conditions of such
suspension. Further admission of the child to school may be refused until such
requirements and regulations be complied with. Any such child shall be treated
by the school as being unlawfully absent from the school during the time he or
she refuses to comply with such requirements and regulations, and any person
having legal or actual control of such child shall be liable to prosecution
under the provisions of this article for the absence of such child from school:
Provided, That the county board of education does not exclude or expel
the suspended child from school.
(a) When a child is absent from school due to a suspension, absences are excused because a condition determined by the school and placed upon the child.”
On motion of Delegate Shott, the amendment was amended on page one, line eleven, by striking out the word “prohibits” and inserting in lieu thereof, “limits”.
On page two, line twenty-eight, by striking out the word “precludes” and inserting in lieu thereof “limits”.
And,
On page two, line thirty-two, by striking out the word “precludes” and inserting in lieu thereof “limits”.
On motion of Delegate Perdue, the amendment was amended on page two, line twenty-one, by striking the comma after the first “student” in that line and replacing it with a colon.
On page two, line twenty-one, by striking the phrase “if the family member requires the active assistance of the student during the illness or injury and three is no other individual who can assist the family member”.
On page two, line thirty-tree by striking out the words “stating that” and inserting in lieu thereof the word “documenting”;
And,
On page two, lines thirty-three through thirty-four, by striking out the phrase “necessitates that the student be absent from school”.
The Judiciary Committee amendment, as amended, was then adopted.
There being no further amendments, the bill was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 514), and there were--yeas 77, nays 20, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Azinger, Border, Butler, Faircloth, Fleischauer, Fluharty, Folk, Frich, Hornbuckle, Ihle, Kurcaba, Marcum, McGeehan, J. Nelson, Pushkin, Reynolds, Rowe, Shaffer, Sobonya and Upson.
Absent and Not Voting: Arvon, Deem and Flanigan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 378) passed.
On motion of Delegate Shott, the title of the bill was amended to read as follows:
S. B. 378 - “A Bill to amend and reenact §18-8-4 and §18-8-8 of the Code of West Virginia, 1931, as amended, all relating generally to truancy intervention; expanding definition of excused absence; exempting absences for chronic medical condition or disability which may be reasonably accommodated by the school; requiring parent to request reasonable accommodation; defining ‘chronic medical condition or disability’; requiring written excuses or documentation from a medical provider in certain cases; limiting number of days which may be excused absences; defining ‘immediate family’; requiring verification of absence for judicial obligation or court appearance; allowing principal to authorize excused absences for other reason or for longer periods of time with the approval of the county superintendent; removing notice requirement after three days absence; requiring written excuses or documentation to be submitted within certain time frame; defining the term ‘reasonable accommodation’; requiring written notice in the case that five days have passed from absence totaling or bringing a student to three unexcused absences and providing that such notice can be disregarded in favor of other written notice if unexcused absences total five or more days; and modifying the effect of student suspensions to reflect that absences due to suspension are excused.”
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Conference Committee Report Availability
At 4:52 p.m., the Clerk announced availability in his office of the report of the Committee of Conference on Com. Sub. for S. B. 13, Increasing penalties for overtaking and passing stopped school buses.
S. B. 431, Authorizing pharmacists and pharmacy interns dispense opioid antagonists; 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. 515), and there were--yeas 95, nays 2, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Foster and Marcum.
Absent and Not Voting: Arvon, Deem and Flanigan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 431) 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. 454, Licensing and regulating medication-assisted treatment programs for substance use disorders; 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. 516), and there were--yeas 93, nays 2, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Ihle and McGeehan.
Absent and Not Voting: Arvon, Byrd, Deem, Flanigan and P. Smith.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 454) passed.
On motion of Delegate Ellington, the title of the bill was amended to read as follows:
Com. Sub. for S. B. 454 - “A Bill to amend and reenact §16-1-4 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new article, designated §16-5Y-1, §16-5Y-2, §16-5Y-3, §16-5Y-4, §16-5Y-5, §16-5Y-6, §16-5Y-7, §16-5Y-8, §16-5Y-9, §16-5Y-10, §16-5Y-11, §16-5Y-12 and §16-5Y-13; and to amend and reenact §60A-9-4, §60A-9-5, §60A-9-5a, §60A-9-7 and §60A-9-8 of said code, all relating to regulation of medication-assisted treatment programs for substance use disorders; repealing regulation of opioid treatment programs; setting out purpose; providing definitions; creating licenses for opioid treatment programs; creating categories of licenses; setting out licensing requirements; providing for registration of office-based medication-assisted programs; providing for application, fees and inspections of office-based medication-assisted programs; setting operational requirements for medication-assisted treatment programs; providing for a program sponsor and medical director; setting forth staffing requirements; providing for regulation by Office of Health Facility Licensure and Certification; designating necessity for a medical director; prescribing minimum qualifications for a medical director; allowing enrollment as a Medicaid provider; providing billing requirements; setting forth minimum certification requirements; mandating state and federal criminal background checks; designating who may prescribe and dispense medication-assisted treatment medications; setting certain minimum practice standards for any medication-assisted treatment program providing medication-assisted treatment medications; permitting the use of telehealth; requiring the Board of Pharmacy to make certain notifications; requiring the medication-assisted treatment program to have a drug testing program; requiring certain information be reported in the patients; medical record; setting certain minimum patient treatment standards for any medication-assisted treatment program; providing medication-assisted treatment medications; requiring review of the West Virginia Controlled Substances Monitoring Program database for each patient at least quarterly; setting compliance requirements for a medication-assisted treatment program; providing for patient protocols, treatment plans and profiles; allowing liquid methadone to be provided as allowed by legislative rule; setting notification requirements of operation changes; restricting location of medication-assisted treatment programs; allowing for waivers from certain standards; allowing for variances from certain standards; permitting inspection warrants; providing for an administrative review; providing an appeal process; allowing civil monetary penalties; designating license limitations for deviation for accepted practice or patient treatment standards; permitting the secretary to promulgate rules; permitting the secretary to promulgate emergency rules; providing advertisement requirements; continuing the moratorium on new opioid treatment programs; establishing state authority for medication-assisted treatment programs; establishing state oversight authority for medication-assisted treatment programs; mandating data collection; granting Office of Health Facility Licensure and Certification access to the West Virginia Controlled Substances Monitoring Program database for use in regulation of health facilities; requiring reporting when an opioid antagonist is dispensed by certain persons; clarifying statutory language related to seventy-two hour prescriptions; prohibiting licensing boards from issuing or reissuing licenses to practitioners who have not registered for the West Virginia Controlled Substances Monitoring Program database; establishing a civil penalties; providing exceptions to penalties; clarifying language related to the Fight Substance Abuse Fund; placing administrative authority over the Fight Substance Abuse Fund with the Bureau for Public Health; revising statutory language to use defined terms; reorganizing existing language; and creating a pilot program.”
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. 504, Relating to confidentiality of juvenile records; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 517), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent and Not Voting: Arvon, Byrd, Deem, Flanigan and 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. 504) passed.
On motion of Delegate Shott, the title of the bill was amended to read as follows:
Com. Sub. for S. B. 504 - “A Bill to amend and reenact §49-5-101 of the Code of West Virginia, 1931, as amended; to amend and reenact §62-6B-2 of said code; and to amend said code by adding thereto a new section, designated §62-6B-6, all relating to confidentiality of records; providing that a recorded interview of a minor in a criminal or abuse or neglect case is generally confidential and exempt from disclosure; defining terms, including ‘interviewed child’ and ‘recorded interview’; providing that recorded interviews of children in criminal and administrative proceedings are confidential and subject to disclosure only pursuant to a court order; providing that all written documentation related to the recorded interviews of children in criminal and administrative proceedings are confidential; providing for certain individuals to have access to the recorded interview of a child prior to the commencement of formal proceedings and providing for limitations and conditions for certain individuals to have such access; requesting Supreme Court of Appeals promulgate rules regulating the publication and duplication of recorded interviews in the courts of this state, including use, duplication and publication by counsel, and to include in any such rule, limitations upon the publication, duplication, distribution or use of the recorded statements of a child; creating the criminal offense of knowingly and willfully duplicating, or publishing a recorded interview in violation of the terms of a court order or the general confidentiality provisions; and establishing penalties therefor.”
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. 517, Clarifying PEIA plans that are exempt from regulation by Insurance Commissioner; 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. 518), and there were--yeas 92, nays 3, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Caputo, Marcum and Moore.
Absent and Not Voting: Arvon, Byrd, Deem, Flanigan and 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. 517) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 563, Increasing retirement benefit multiplier for WV Emergency Medical Services Retirement System members; 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. 519), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent and Not Voting: Arvon, Byrd, Deem, Flanigan and Kelly.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 563) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 567, Providing protection against property crimes committed against coal mines, railroads, utilities and other industrial facilities; 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. 520), and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: McGeehan.
Absent and Not Voting: Arvon, Byrd, Deem and Flanigan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 567) passed.
On motion of Delegate Shott, the title of the bill was amended to read as follows:
Com. Sub. for S. B. 567 - “A Bill to amend and reenact §61-3-29 of the Code of West Virginia, 1931, as amended, relating to property crimes committed against property owned by a railroad company or public utility company, or other certain real or personal property; adding oil, timber and timber operations to the list of entities protected under this statute; clarifying that the applicable property covered under this statute be commercial or industrial real or personal property of a railroad company or public utility company; adding storage to the list of uses of certain property covered under this statute; creating a felony offense for knowingly and willfully damaging or destroying any commercial or industrial real or personal property owned by a railroad company, or public utility company, or any real or personal property used for producing, generating, transmitting, distributing, treating, storing or collecting electricity, natural gas, oil, coal, timber, timber processing, water, wastewater, stormwater, telecommunications or cable service and thereby hindering, impairing or disrupting, directly or indirectly, the normal operation of any equipment, device, system or service put in place, in whole or in part, to protect, promote or facilitate the health or safety of any person; providing criminal penalties; and providing that a railroad company, public utility, business, or owner of property that is damaged, destroyed or disrupted may be deemed a victim and entitled to restitution, should the Court so order, from any person convicted of an offense under this section, pursuant to the Victim Protection Act of 1984.”
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 588, Repealing certain obsolete legislative rules by Department of Transportation; 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. 521), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent and Not Voting: Arvon, Deem and Flanigan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 588) passed.
Delegate Cowles moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 522), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent and Not Voting: Arvon, Deem and Flanigan.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 588) takes effect from its passage.
On motion of Delegate Shott, the title of the bill was amended to read as follows:
S. B. 588 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §64-8-4, relating generally to repealing certain legislative, procedural and interpretive rules promulgated by certain agencies under the Department of Transportation; repealing certain legislative, procedural, or interpretive rules promulgated by certain agencies, boards and commissions which are no longer authorized or are obsolete; repealing the Division of Motor Vehicles legislative rule relating to rules and regulations; repealing the Division of Motor Vehicles legislative rule relating to special permits; repealing the Division of Motor Vehicles legislative rule relating to a safety and treatment program; repealing the Division of Motor Vehicles procedural rule relating to dealer and financial institution applicant or licensee administrative hearings; repealing the Division of Motor Vehicles legislative rule relating to seizure of driver’s license, issuance of the temporary driver’s license; repealing the Division of Motor Vehicles legislative rule relating to the Federal Safety Standards Inspection Program; and repealing the Division of Motor Vehicles interpretive rule relating to dealer issuance of temporary registration plates.”
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:
H. B. 4739, Unclaimed Life Insurance Benefits Act.
On motion of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates concurred in the following Senate amendments:
On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
“ARTICLE 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.”
And,
By amending the title of the bill to read as follows:
H. B. 4739 - “A Bill to amend the Code of West Virginia, 1931, as amended by adding thereto a new article, designated §33-13D-1 and §33-13D-2, relating to the creation of the Unclaimed Life Insurance Benefits Act; defining terms; regulating insurer conduct generally; requiring insurers to perform an annual comparison of its insureds’ Policies, Retained Asset Accounts and Account Owners against a Death Master File; requiring insurers to conduct a comparison against a Death Master File on policies issued as of 1986 and all policies issued thereafter; establishing a two year requirement from the effective date of this article; requiring the Insurance Commissioner promulgate rules related to Death Master File comparisons for policies issued prior to 1986 if the commissioner determines that reliable technology and data exist to make such comparison accurate and cost-effective; providing that the annual comparison of insureds’ Policies, Retained Asset Accounts and Account Owners against a Death Master File shall not apply to those accounts for which the insurer is receiving premiums from outside the policy value, by check, bank draft, payroll deduction or any other similar method of payment within eighteen months immediately preceding the Death Master File comparison; requiring insurers to implement procedures to account for incomplete identifying information such as nicknames, maiden names or other identifying information; requiring reasonable steps to be taken to locate and contact beneficiaries or other authorized representatives regarding the insurer’s claims process; clarifying that benefits shall first be paid to beneficiaries and, if beneficiaries cannot be found, paid to the state as unclaimed property; permitting insurers to release such identifying information as may be necessary to help identify or locate beneficiaries; authorizing the Insurance Commissioner to issue orders related to requirements imposed on insurers and imposing a hardship burden on insurers seeking orders adjusting their obligations; and authorizing the Insurance Commissioner to promulgate rules that may be reasonably necessary to implement the Unclaimed Life Insurance Benefits Act.”
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 523), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent and Not Voting: Arvon, Deem and Flanigan.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4739) passed.
On motion of Delegate Shott, the House concurred in the Senate amendments, with further title amendment:
H. B. 4739 - “A Bill to amend the Code of West Virginia, 1931, as amended by adding thereto a new article, designated §33-13D-1 and §33-13D-2, relating to the creation of the Unclaimed Life Insurance Benefits Act; defining terms; regulating insurer conduct generally; requiring insurers to perform an annual comparison of its insureds’ Policies, Retained Asset Accounts and Account Owners against a Death Master File; requiring insurers to conduct a comparison against a Death Master File on policies issued as of 1986 and all policies issued thereafter; establishing a two year deadline from the effective date of this article to conduct the full Death Master File comparison; requiring the Insurance Commissioner promulgate rules related to Death Master File comparisons for policies issued prior to 1986 if the commissioner determines that reliable technology and data exist to make such comparison accurate and cost-effective; providing that insurers shall first conduct comparisons to the extent records are available electronically then using the most easily accessible insurer data for records not available electronically; providing that the annual comparison of insureds’ Policies, Retained Asset Accounts and Account Owners against a Death Master File shall not apply to those accounts for which the insurer is receiving premiums from outside the policy value, by check, bank draft, payroll deduction or any other similar method of payment within eighteen months immediately preceding the Death Master File comparison; clarifying that insurers are permitted to request a valid death certificate as party of any claims validation process; providing that, for potential matches identified as a result of a Death Master File match, insurer must within ninety days complete a good faith effort which shall be documented by the insurer to confirm the death against other available records, review insurer records to determine if the deceased person has any other products with the insured and determine if benefits may be due; requiring insurers to implement procedures to account for incomplete identifying information such as nicknames, maiden names or other identifying information; requiring reasonable steps to be taken to locate and contact beneficiaries or other authorized representatives regarding the insurer’s claims process if no communication with beneficiaries or other authorized representatives occurs within ninety days after a Death Master File match; requiring the insurer to document its efforts to locate and contact the beneficiary as well as sending information regarding the claims process and any need to provide an official death certificate; clarifying that benefits shall first be paid to beneficiaries and, if beneficiaries cannot be found, paid to the state as unclaimed property; permitting insurers to release such identifying information as may be necessary to help identify or locate beneficiaries; prohibiting insurers or service providers from charging beneficiaries or other authorized representatives for any fees or costs associated with a Death Master File search or verification of a Death Master File match; clarifying that the Insurance Commissioner has exclusive authority to promulgate rules as may be required or reasonably necessary to implement this section; authorizing the Insurance Commissioner to issue orders related to requirements imposed on insurers and imposing a hardship burden on insurers seeking orders adjusting their obligations; and authorizing the Insurance Commissioner to promulgate rules that may be reasonably necessary to implement the Unclaimed Life Insurance Benefits Act.”
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence thereon.
Third Reading
Continued
Com. Sub. for S. B. 599, Relating generally to Uniform Unclaimed Property Act; on third reading, coming up in regular order, was read a third time.
Delegate Byrd requested to be excused from voting on the passage of Com. Sub. for S. B. 599 under the provisions of House Rule 49.
The Speaker replied that any impact on the Delegate would be as a member of a class of persons possibly to be affected by the passage of the bill, and refused to excuse the Member from voting.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 524), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Pushkin.
Absent and Not Voting: Arvon, Deem and Flanigan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 599) 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. 601, Relating to exception from jurisdiction of PSC for materials recovery facilities or mixed waste processing facilities; on third reading, coming up in regular order, was read a third time.
Mr. Speaker, Mr. Armstead, reminded the Members of his previous Rule 49 request and that the Speaker Pro Tempore had refused to excuse him from voting.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 525), and there were--yeas 90, nays 7, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Fleischauer, Fluharty, Moye, Perdue, Rohrbach, Shaffer and Storch.
Absent and Not Voting: Arvon, Deem and Flanigan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 601) passed.
Delegate Cowles moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 526), and there were--yeas 91, nays 5, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Fleischauer, Fluharty, Marcum, Shaffer and Trecost.
Absent and Not Voting: Arvon, Deem, Flanigan and Skinner.
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. 601) 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. 602, Relating to Patient Injury Compensation Fund; on third reading, coming up in regular order, was read a third time.
Delegate Manchin had made a previous Rule 49 request and the Speaker reminded the Members that he had directed the Gentleman not to vote.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 527), and there were--yeas 83, nays 12, excused 1, absent and not voting 4, with the nays and excused and absent and not voting being as follows:
Nays: Caputo, Eldridge, Ferro, Fluharty, Hornbuckle, Longstreth, Lynch, Marcum, Moore, Pushkin, Sponaugle and Wagner.
Excused from voting: Manchin.
Absent and Not Voting: Arvon, Deem, Flanigan and Skinner.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 602) passed.
On motion of Delegate Shott, the title of the bill was amended to read as follows:
Com. Sub. for S. B. 602 - “A Bill to amend and reenact §29-12B-10 of the Code of West Virginia, 1931, as amended; to amend and reenact §29-12D-1 and §29-12D-3 of said code; to amend said code by adding thereto a new section, designated §29-12D-1a; to amend and reenact §55-7B-9 and §55-7B-9c of said code; and to amend and reenact §59-1-11 and §59-1-28a of said code, all relating generally to the Patient Injury Compensation Fund; transferring funds from Medical Liability Fund to Patient Injury Compensation Fund and thereafter closing Medical Liability Fund; prohibiting direct recovery of legal fees from Patient Injury Compensation Fund; providing that fund may not compensate claimants who have not filed a claim with the fund before July 1, 2016; imposing an assessment on medical licenses; providing exceptions to assessment on medical licenses; prohibiting granting or renewal of medical license for failure to pay assessment; imposing an assessment on trauma centers based upon the number of patients treated; imposing an assessment on claims filed under the Medical Professional Liability Act; defining ‘qualifying claim’; establishing a date for purposes of determining applicability of section; directing entities collecting assessments to remit payment to Board of Risk and Insurance Management; setting schedule for remittance of payments to Board of Risk and Insurance Management; providing for termination of assessments upon certain deadlines being met; limiting authority of court reviewing an award from the board to approval or disapproval of final award; clarifying authority of Board of Risk and Insurance Management make periodic payments or place claims in nonpayment status in its discretion; permitting trier of fact to consider fault of all alleged parties, including fault of persons who have settled claims with plaintiff arising out of same medical injury, in assessing percentages of fault; clarifying manner in which damages are to be determined with respect to each defendant for purposes of entering judgment when there is no pre-verdict settlement; providing for limit on liability for economic damages in causes of actions against a trauma facility to be adjusted for inflation annually beginning January 1, 2016; setting limit on inflation increase; authorizing plaintiff who, as a result of an injury suffered prior to or after July 1, 2016, suffers or has suffered economic damages in excess of limit of liability to collect economic damages up to an additional $1 million; clarifying that additional economic liability limit is not subject to inflation; providing that a claimant’s attorney fees may not be paid out of the fund; providing that several liability applies in all cases under the Medical Professional Liability Act; increasing filing fee for causes of action under the Medical Professional Liability Act; and directing clerk of court to deposit a portion of the filing fee into Patient Injury Compensation Fund.”
Delegate Cowles moved that the bill take effect July 1, 2016.
On this question, the yeas and nays were taken (Roll No. 528), and there were--yeas 87, nays 8, excused from voting 1, absent and not voting 4, with the nays, excused from voting and absent and not voting being as follows:
Nays: Caputo, Eldridge, Ferro, Fluharty, Lynch, Moore, Rohrbach and Sponaugle.
Excused from voting: Manchin.
Absent and Not Voting: Arvon, Deem, Flanigan and Skinner.
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. 601) takes effect July 1, 2016.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 618, Allowing Economic Development Authority to make loans to certain whitewater outfitters; 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. 529), and there were--yeas 86, nays 9, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Azinger, Folk, Frich, Gearheart, Ihle, Ireland, Kurcaba, McGeehan and Sobonya.
Absent and Not Voting: Arvon, Deem, Flanigan, J. Nelson and Skinner.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 618) 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. 619, 2016 Regulatory Reform Act; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 530), and there were--yeas 82, nays 14, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Byrd, Caputo, Fleischauer, Fluharty, Hicks, Longstreth, Lynch, Manchin, Miley, Perdue, Pushkin, Reynolds, Rowe and Shaffer.
Absent and Not Voting: Arvon, Deem, Flanigan and Skinner.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 619) passed.
Delegate Cowles moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 531), and there were--yeas 83, nays 13, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Byrd, Caputo, Fleischauer, Fluharty, Hicks, Longstreth, Lynch, Manchin, Marcum, Miley, Pushkin, Reynolds and Shaffer.
Absent and Not Voting: Arvon, Deem, Flanigan and Skinner.
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. 619) 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. 621, Exempting taxicab companies with independent contract drivers from providing workers’ compensation coverage; 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. 532), and there were--yeas 92, nays 4, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Fleischauer, Lynch, Pushkin and Shaffer.
Absent and Not Voting: Arvon, Deem, Flanigan and Skinner.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 621) passed.
On motion of Delegate Manchin, the title of the bill was amended to read as follows:
Com. Sub. for S. B. 621 - “A Bill to amend and reenact §23-2-1 the Code of West Virginia, 1931, as amended, relating to exempting taxicab companies whose drivers are independent contractors from providing workers’ compensation coverage for the drivers.”
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. 686, Authorizing local governing authorities hold sanctioned motor vehicle races on roads, streets or airports under their jurisdiction; on third reading, coming up in regular order, was read a third time.
Delegate Howell requested to be excused from voting on the passage of Com. Sub. for S. B. 686 under the provisions of House Rule 49.
The Speaker replied that any impact on the Delegate would be as a member of a class of persons possibly to be affected by the passage of the bill, and refused to excuse the Member from voting.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 533), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent and Not Voting: Arvon, Deem, Flanigan and Skinner.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 686) passed.
On motion of Delegate Shott, the title of the bill was amended to read as follows:
Com. Sub. for S. B. 686 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-1-3qq; and to amend said code by adding thereto a new section, designated §8-12-5g, all relating to authorizing local governing authorities to hold sanctioned motor vehicle races on public roads or municipal streets or airports under their jurisdiction; defining terms; authorizing regional airport authorities to hold sanctioned motor vehicle races on airports under their jurisdiction; requiring issuance of permit in relation to racing event; authorizing charging reasonable fee for issuance of a permit; setting forth conditions upon which a permit may be issued; authorizing local governing authorities to modify or exempt traffic laws to facilitate a racing event; requiring local governing authorities to provide at least sixty days written notice to the West Virginia Department of Transportation – Traffic Engineering Division of any racing permit issued; requiring written notice to identify plans for a racing event; declaring that a racing event is for public purposes; providing immunity from damages; and declaring that an authorized racing event is not a nuisance or subject to speed restrictions.”
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
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; 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. 534), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent and Not Voting: Arvon, Deem, Flanigan and Skinner.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 702) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 4017, Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article six of the Constitution; on third reading, coming up in regular order, was, on motion of Delegate Cowles, laid upon the table.
Second Reading
Com. Sub. for S. B. 272, Allowing investigators from Attorney General's office to carry concealed weapons; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk, on page one, immediately following the enacting 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 two new sections, designated §5-3-6 and §60-3-24a, to read as follows:
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.
ARTICLE 3. ATTORNEY GENERAL.
§5-3-6. Attorney General’s investigators authority to carry concealed weapon.
Notwithstanding any provision of this code to the contrary, the Attorney General may designate investigators in his or her employ to carry a firearm in the course of performing their official duties: Provided, That as a precondition of being authorized to carry a concealed weapon in the course of their official duties, any such designated investigator must have first successfully completed a firearms training and certification program and maintain certification in a manner which is equivalent to that which is required of members of the State Police. The designated investigator must also obtain and maintain a license to carry a concealed deadly weapon issued pursuant to article seven, chapter sixty-one of this code.
CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.
ARTICLE 3. SALES BY COMMISSIONER.
§60-3-24a. Authority of employees of the Commission to carry concealed weapon.
Notwithstanding any provision of this code to the contrary, the Commissioner may designate certain employees of the Enforcement Division in his or her employ to carry a firearm in the course of performing their official duties: Provided, That as a precondition of being authorized to carry a concealed weapon in the course of their official duties, any such designated employee must have first successfully completed a firearms training and certification program and maintain certification in a manner which is equivalent to that which is required of members of the State Police. The designated employee must also obtain and maintain a license to carry a concealed deadly weapon issued pursuant to article seven, chapter sixty-one of this code.”
On motion of Delegate Marcum, the amendment was amended on page one, preceding the Chapter 60 heading, by inserting the following:
“CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
ARTICLE 3. FIRE PREVENTION AND CONTROL ACT.
§29-3-11f Fire Marshals authority to carry concealed weapon.
Notwithstanding any provision of this code to the contrary, the State Fire Marshal may designate marshals in his or her employ to carry a firearm in the course of performing their office duties: Provided, That as a precondition of being authorized to carry a concealed weapon in the course of their official duties, any such designated investigator must have first successfully completed a firearms training and certification program and maintain certification in a manner which is equivalent to that which is required of members of the State Police. The designated investigator must also obtain and maintain a license to carry a concealed deadly weapon issued pursuant to article seven, chapter sixty-one of this code.”
The Judiciary Committee amendment, as amended, was then adopted.
The bill was then ordered to third reading.
Com. Sub. for S. B. 278, Clarifying physicians' mutual insurance company is not state or quasi-state actor; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 404, Removing prohibition on billing persons for testing for HIV and sexually transmitted diseases; 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 one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
“That §16-3C-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §16-4-19 of said code be amended and reenacted, all to read as follows:
ARTICLE 3C. AIDS-RELATED MEDICAL TESTING AND RECORDS CONFIDENTIALITY ACT.
§16-3C-2. Testing HIV-related testing; methods
for obtaining consent; billing patient health care providers.
(a) HIV-related testing on
a voluntary basis should be recommended by any healthcare provider
in a health facility providers as part of a routine screening for
treatable conditions and as part of routine prenatal and perinatal care. A
physician, dentist, nurse practitioner, nurse midwife, physician assistant or
the commissioner may also request targeted testing for any of the following:
(1) When there is cause to believe that the test could be positive. Persons who engage in high risk behavior should be encouraged to be screened for HIV at least annually;
(2) When there is cause to believe that the test could provide information important in the care of the patient; or
(3) When there is cause to
believe that the results of HIV-testing of samples of blood or body fluids from
a source patient could provide information important in the care of medical or
emergency responders or other persons identified in regulations rules
proposed by the department for approval by the Legislature in accordance with
the provisions of article three, chapter twenty-nine-a of this code:
Provided, That the source patient whose blood or body fluids is being
tested pursuant to this section must have come into contact with a medical or
emergency responder or other person in such a way that a significant exposure
has occurred;
(4) When there is no record of any HIV-related or other sexually transmitted disease testing during pregnancy and the woman presents for labor and delivery.
(b) All health care providers, the bureau, or a local health department that routinely bill insurance companies or other third-party providers may bill for HIV-related testing and treatment.
(b) (c) A patient voluntarily consents to the
test as follows: HIV-related testing when:
(1) The patient is informed either orally or in writing that:
(A) HIV-related testing will be performed as part of his
or her routine care; that
(B) HIV-related testing is voluntary; and that
the patient
(C) He or she may decline HIV-related testing (opt-out); or
(2) The patient is informed that the patients general consent for medical care includes consent for HIV-related testing.
(c) (d) A patient refuses to consent to the
test if a patient who opts-out of HIV-related testing the patient
is informed when the health care provider in the providers professional opinion believes HIV-related testing is
recommended, and must be informed
that HIV-related testing may be obtained anonymously at a local or county
health department.
(d) (e) Any person seeking an HIV-related test in
a local or county health department or at other HIV test setting
provided by the commissioner who wishes to remain anonymous has the right to do
so, and to must be provided written informed consent through the
use of a coded system with no linking of individual identity to the test
request or results.
(f) County or local health departments that routinely bill insurance companies or other third party payers for service may bill for an HIV-related test if the person requesting the test does not request anonymity. No person may be refused a test at a local health department due to a lack of insurance or due to a request to remain anonymous.
(e) (g) No option to A person may not
decline or opt-out of HIV-related testing is required and the
provisions of subsection subsections (a) and (b) (c)
of this section do not apply for the following: when:
(1) A health care provider
or health facility performing an HIV-related test on the donor or recipient
when the health care provider or health facility procures, processes,
distributes or uses a
(A) A human body part (including tissue and blood or blood
products) donated for: a
(i) A purpose specified under the uniform anatomical gift
act; or for transplant
(ii) Transplant recipients; or semen
(B) Semen provided for the purpose of artificial insemination
and such an HIV-related test is necessary to ensure medical acceptability
of a recipient or such gift or semen for the purposes intended;
(2) The performance of
an HIV-related test in A person is unable or unwilling to grant or
withhold consent as the result of a documented bona fide medical emergencies
emergency, as determined by a treating physician taking into account the
nature and extent of the exposure to another person when the subject of the
test is unable or unwilling to grant or withhold consent, and the HIV-related
test results are necessary for medical diagnostic purposes to provide
appropriate emergency care or treatment to a medical or emergency responder, or
any other person who has come into contact with a source patient in such a way
that a significant exposure necessitates HIV-testing or to a source patient who
is unable to consent in accordance with rules proposed by the department for
approval by the Legislature in accordance with article three, chapter
twenty-nine-a of this code: Provided, That necessary treatment may not
be withheld pending HIV test results: Provided, however, That all
sampling and HIV-testing of samples of blood and body fluids, without the
opportunity for the source patient or patients representative to opt-out of the testing, shall be
through the use of a pseudonym and in accordance with rules proposed by the
department for approval by the Legislature in accordance with article three,
chapter twenty-nine-a of this code; or
(3) The performance of an HIV-related test for the purpose of research if the testing is performed in a manner by which the identity of the test subject is not known and may not be retrieved by the researcher.
(f) Mandated testing:
(1) The performance of any HIV-related testing that is or becomes mandatory by court order or other legal process described herein does not require consent of the subject but will include counseling.
(2) The court having jurisdiction of the criminal prosecution shall order that an HIV-related test be performed on any persons charged with any of the following crimes or offenses:
(i) Prostitution; or
(ii) Sexual abuse, sexual assault, incest or sexual molestation.
(3) HIV-related tests performed on persons charged with prostitution, sexual abuse, sexual assault, incest or sexual molestation shall be confidentially administered by a designee of the bureau or the local or county health department having proper jurisdiction. The commissioner may designate health care providers in regional jail facilities to administer HIV-related tests on such persons if he or she determines it necessary and expedient.
(4) Costs associated with tests performed on persons charged with prostitution, sexual abuse, sexual assault, incest or sexual molestation may be charged to the defendant or juvenile respondent unless a court determines that the person charged with prostitution, sexual abuse, sexual assault, incest or sexual molestation is pecuniary unable to pay.
(A) If a person charged with prostitution, sexual abuse, sexual assault, incest or sexual molestation who is ordered to be tested is unable to pay, the cost of the HIV testing may be borne by the regional jail or other correctional or juvenile facility, the bureau or the local health department.
(B) If persons charged with prostitution, sexual abuse, sexual assault, incest or sexual molestation who is ordered to be tested has health insurance, the local health department or other providers performing the test may bill the health insurance of the person charged with prostitution, sexual abuse, sexual assault, incest or sexual molestation for the cost of the test.
(C) A person charged with prostitution, sexual abuse, sexual assault, incest or sexual molestation ordered to submit to a HIV-related test may not be permitted to remain anonymous and a local health department may administer and bill for the test.
(4)(5) When the
Commissioner of the Bureau of Public Health knows or has reason to believe,
because of medical or epidemiological information, that a person, including,
but not limited to, a person such as an IV drug abuser, or a person who may
have a sexually transmitted disease, or a person who has sexually molested,
abused or assaulted another, has HIV infection and is or may be a danger to the
public health, he or she may issue an order to:
(i) Require a person to be examined and tested to determine whether the person has HIV infection;
(ii) Require a person with HIV infection to report to a qualified physician or health worker for counseling; and
(iii) Direct a person with HIV infection to cease and desist from specified conduct which endangers the health of others.
(5)(6) If any
person violates a cease and desist order issued pursuant to this section and,
by virtue of that violation, the person presents a danger to the health of
others, the commissioner shall apply to the circuit court of Kanawha County to
enforce the cease and desist order by imposing any restrictions upon the person
that are necessary to prevent the specific conduct that endangers the health of
others.
(6)(7) A person
convicted of the offenses described in this section shall be required to
undergo HIV-related testing and counseling immediately upon conviction and the
court having jurisdiction of the criminal prosecution may not release the
convicted person from custody and shall revoke any order admitting the defendant
to bail until HIV-related testing and counseling have been performed and the
result is known. The HIV-related test result obtained from the convicted person
is to be transmitted to the court and, after the convicted person is sentenced,
made part of the court record. If the convicted person is placed in the custody
of the Division of Corrections, the court shall transmit a copy of the
convicted person's HIV-related test results to the Division of Corrections. The
HIV-related test results shall be closed and confidential and disclosed by the
court and the bureau only in accordance with the provisions of section three of
this article.
(7)(8) The
prosecuting attorney shall inform the victim, or parent or guardian of the
victim, at the earliest stage of the proceedings of the availability of
voluntary HIV-related testing and counseling conducted by the bureau and that
his or her best health interest would be served by submitting to HIV-related
testing and counseling. HIV-related testing for the victim shall be
administered at his or her request on a confidential basis and shall be
administered in accordance with the Centers for Disease Control and Prevention
guidelines of the United States Public Health Service in effect at the time of
such request. The victim who obtains an HIV-related test shall be provided with
pre and post-test counseling regarding the nature, reliability and significance
of the HIV-related test and the confidential nature of the test. HIV-related
testing and counseling conducted pursuant to this subsection shall be performed
by the designee of the commissioner of the bureau or by any local or county
health department having proper jurisdiction.
(8)(9) If a
person receives counseling or is tested under this subsection and is found to
be HIV infected and the person is not incarcerated, the person shall be
referred by the health care provider performing the counseling or testing for
appropriate medical care and support services. The local or county health
departments or any other agency under this subsection may not be financially
responsible for medical care and support services.
(9) The commissioner of
the bureau or his or her designees may require an HIV test for the protection
of a person who was possibly exposed to HIV infected blood or other body fluids
as a result of receiving or rendering emergency medical aid or who possibly
received such exposure as a funeral director. Results of such a test of the
person causing exposure may be used by the requesting physician for the purpose
of determining appropriate therapy, counseling and psychological support for
the person rendering emergency medical aid including good Samaritans, as well
as for the patient, or individual receiving the emergency medical aid.(10) The Commissioner of the Bureau or
his or her designees may require a person to undergo an HIV or other sexually transmitted disease test
if a person was possibly exposed to HIV or other
sexually transmitted disease infected blood or other body fluids
as a result of receiving or rendering emergency medical aid, providing funeral
services or providing law enforcement services. The Commissioner of the Bureau
or his or her designees may use the results to determine the appropriate
therapy, counseling and psychological support for the exposed person.
(10)(11) If an
HIV-related test required on persons convicted of prostitution, sexual abuse,
sexual assault, incest or sexual molestation results in a negative reaction,
upon motion of the state, the court having jurisdiction over the criminal prosecution
may require the subject of the test to submit to further HIV-related tests
performed under the direction of the bureau in accordance with the Centers for
Disease Control and Prevention guidelines of the United States Public Health
Service in effect at the time of the motion of the state.
(11)(12) The
costs of mandated testing and counseling provided under this subsection and pre
and postconviction HIV-related testing and counseling provided the victim under
the direction of the bureau pursuant to this subsection shall be paid by the bureau
by the individual to be tested or counseled or his or her medical insurance
provider, if possible.
(12)(13) The
court having jurisdiction of the criminal prosecution shall order a person
convicted of prostitution, sexual abuse, sexual assault, incest or sexual
molestation to pay restitution to the state for the costs of any HIV-related
testing and counseling provided the convicted person and the victim, unless the
court has determined the convicted person to be indigent.
(13)(14) Any
funds recovered by the state as a result of an award of restitution under this
subsection shall be paid into the State Treasury to the credit of a special
revenue fund to be known as the ‘HIV-testing fund’ which is hereby created. The
moneys so credited to the fund may be used solely by the bureau for the
purposes of facilitating the performance of HIV-related testing and counseling
under the provisions of this article.
(g) Nothing in this section is applicable to any insurer regulated under chapter thirty-three of this code: Provided, That the commissioner of insurance shall develop standards regarding consent for use by insurers which test for the presence of the HIV antibody.
(h) Whenever consent of the
subject to the performance of HIV-related testing is required under this
article, any such consent obtained, whether orally or in writing, shall be
considered to be a valid and informed consent if it is given after compliance
with the provisions of subsection (b) (c) of this section.
ARTICLE 4. SEXUALLY TRANSMITTED DISEASES.
§16-4-19. Voluntary submission to examination and treatment; charges; disposition of money collected.
(a)(1) Any resident of the Any person state
may at any time report to any municipal or county health officer having
jurisdiction of the case department and voluntarily submit himself or
herself to all tests and examination as are examinations
necessary to ascertain whether in fact the person submitting himself for
examination he or she is infected with a venereal sexually
transmitted disease; and said health officer to whom any party has
applied as above for tests and examination shall provide for making all
such the health department shall conduct and administer all necessary
tests and examinations as are necessary to ascertain whether in fact
said party so applying be so infected with a venereal the person has any
sexually transmitted disease.
(2) A person who is tested for sexually transmitted diseases at a local health department pursuant to this subsection shall be responsible for paying the reasonable costs of testing, either directly or through billing the person’s medical provider.
(3) Local health departments may charge in accordance with their existing fee schedules and may charge patients for such testing on a sliding fee scale.
(b)(1) If such tests and examinations show said
party so applying to be so infected, then said party a person tested and
examined pursuant to subsection (a) of this section to have a sexually
transmitted disease, then the person shall elect whether he or she
will take treatment of from a private physician, or whether he or
she will take treatment to be provided by the health officer through a
clinic or otherwise, and from the local health department.
if he (2) If a person elects to take treatment
through the local health officer's arrangement department, he or
she may be required to pay for such treatment at a charge which shall in
no case exceed the sum of $5 for each dose of ‘neo’ or arsphenamine
administered for syphilis, and at a nominal cost for other medicines used; but
if the patient is unable to pay anything, he shall be treated free of charge
under the direction of the local health officer, at a clinic or otherwise either
directly or by the local health department billing the person’s health
insurance provider.
(3) Local health departments may charge in accordance with their existing fee schedules and may charge patients for treatment on a sliding fee scale.
(4) No individual may be refused treatment at a local health department due to a lack of insurance or inability to pay.
(c) All proper charges for such examination and
treatment as that may be necessary hereunder shall be a proper
charge against the municipality or county, as the case may be, whether said
party so taking treatment lived in or out of a municipal corporation. And
whether said person proposing to take treatment as provided hereunder elect to
take from a private physician or elect to take treatment under the direction of
the local health officer, he shall first sign the agreement required to be
signed by persons about to be released from detention or quarantine, and shall
observe all its provisions, and so long as such person so signing shall so
observe these provisions he need not be detained or quarantined pending
treatment, except that no person who is known as a prostitute, or as a person
associating with such, or as a person who resides in any house having the
reputation of being a house of prostitution, or who frequents the same, shall
be allowed at liberty if infected with a venereal disease in an infectious
stage, even though he or she does voluntarily submit for examination and
treatment and does take treatment under the provisions of this section. pursuant
to this section shall be paid by the individual or by that person’s health
insurance provider.
(d) All money collected under this section shall be paid
into a clinic fund, if one is provided, and if not then into the county or city
treasury, as the case may be; to the local health department and the
local health officer having jurisdiction shall collect and account for such
funds collected hereunder.”
The bill was then ordered to third reading.
S. B. 427, Transferring funds from State Excess Lottery Fund to Department of Revenue; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 465, Allowing professional employer insure certain risks through pure insurance captive; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
“That §33-31-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §33-46A-9 of said code be amended and reenacted, all to read as follows:
ARTICLE 31. CAPTIVE INSURANCE.
§33-31-2. Licensing; authority.
(a) Any captive insurance company, when permitted by its articles of association, charter or other organizational document, may apply to the commissioner for a license to do any and all insurance comprised in section ten, article one of this chapter: Provided, That all captive insurance companies, except pure captive insurance companies, shall maintain their principal office and principal place of business in this state: Provided, however, That:
(1) No pure captive insurance company may insure any risks other than those of its parent and affiliated companies or controlled unaffiliated business;
(2) No association captive insurance company may insure any risks other than those of the member organizations of its association and their affiliated companies;
(3) No industrial insured captive insurance company may insure any risks other than those of the industrial insureds that comprise the industrial insured group and their affiliated companies;
(4) No risk retention group may insure any risks other than those of its members and owners;
(5) No captive insurance company may provide personal motor vehicle or homeowner's insurance coverage or any component thereof;
(6) No captive insurance company may accept or cede reinsurance except as provided in section eleven of this article;
(7) No risk retention group may retain any risk on any one subject of insurance, whether located or to be performed in West Virginia or elsewhere, in an amount exceeding ten percent of the surplus required by section four of this article unless approved by the commissioner;
(8) Any captive insurance company may provide excess workers' compensation insurance to its parent and affiliated companies, unless prohibited by the federal law or laws of the state having jurisdiction over the transaction. Any captive insurance company, unless prohibited by federal law, may reinsure workers' compensation of a qualified self-insured plan of its parent and affiliated companies; and
(9) Any captive insurance company which insures risks described in subsections (a) and (b), section ten, article one of this chapter shall comply with all applicable state and federal laws.
(10) A professional employer organization licensed pursuant to the provisions of article forty-six-a of this chapter may insure its risks for insurance coverage for accident and sickness, as such insurance coverage is defined under subsection (b), section ten, article one of this chapter for all employees and covered employees through a captive insurance company.
(b) No captive insurance company may do any insurance business in this state unless:
(1) It first obtains from the commissioner a license authorizing it to do insurance business in this state;
(2) Its board of directors or, in the case of a reciprocal insurer, its subscribers' advisory committee, holds at least one meeting each year in this state; and
(3) It appoints a registered agent to accept service of process and to otherwise act on its behalf in this state: Provided, That whenever such registered agent cannot with reasonable diligence be found at the registered office of the captive insurance company, the Secretary of State shall be an agent of such captive insurance company upon whom any process, notice, or demand may be served.
(c) (1) Before receiving a license, a captive insurance company shall:
(A) File with the commissioner a certified copy of its organizational documents, a statement under oath of its president and secretary showing its financial condition, and any other statements or documents required by the commissioner; and
(B) Submit to the commissioner for approval a description of the coverages, deductibles, coverage limits and rates, together with such additional information as the commissioner may reasonably require. In the event of any subsequent material change in any item in such description, the captive insurance company shall submit to the commissioner for approval an appropriate revision and shall not offer any additional kinds of insurance until a revision of such description is approved by the commissioner. The captive insurance company shall inform the commissioner of any material change in rates within thirty days of the adoption of such change.
(2) Each applicant captive insurance company shall also file with the commissioner evidence of the following:
(A) The amount and liquidity of its assets relative to the risks to be assumed;
(B) The adequacy of the expertise, experience and character of the person or persons who will manage it;
(C) The overall soundness of its plan of operation;
(D) The adequacy of the loss prevention programs of its insureds; and
(E) Such other factors deemed relevant by the commissioner in ascertaining whether the proposed captive insurance company will be able to meet its policy obligations.
(3) Information submitted pursuant to this subsection shall be and remain confidential and may not be made public by the commissioner or an employee or agent of the commissioner without the written consent of the company, except that:
(A) Such information may be discoverable by a party in a civil action or contested case to which the captive insurance company that submitted such information is a party, upon a showing by the party seeking to discover such information that:
(i) The information sought is relevant to and necessary for the furtherance of such action or case;
(ii) The information sought is unavailable from other nonconfidential sources; and
(iii) A subpoena issued by a judicial or administrative officer of competent jurisdiction has been submitted to the commissioner: Provided, That the provisions of this subdivision shall not apply to any risk retention group; and
(B) The commissioner may, in the commissioner's discretion, disclose such information to a public officer having jurisdiction over the regulation of insurance in another state if:
(i) The public official shall agree in writing to maintain the confidentiality of such information; and
(ii) The laws of the state in which such public official serves require such information to be and to remain confidential.
(d) Each captive insurance company shall pay to the commissioner a nonrefundable fee of $200 for examining, investigating and processing its application for license, and the commissioner is authorized to retain legal, financial and examination services from outside the department, the reasonable cost of which may be charged against the applicant. The provisions of subsection (r), section nine, article two of this chapter shall apply to examinations, investigations and processing conducted under the authority of this section. In addition, each captive insurance company shall pay a license fee for the year of registration and a renewal fee for each year thereafter of $300.
(e) If the commissioner is satisfied that the documents and statements that such captive insurance company has filed comply with the provisions of this article, the commissioner may grant a license authorizing it to do insurance business in this state until May 31, thereafter, which license may be renewed.
(f) A captive insurance company shall notify the commissioner in writing within thirty days of becoming aware of any material change in information previously submitted to the commissioner, including information submitted in or with the license application.
ARTICLE 46A. professional employer organizations.
§33-46A-9. Study of
health plans, taxation, unemployment and labor laws; self-funded plans
prohibited Health benefit plans; self-funded plans permitted under
certain circumstances.
(a) The Joint Committee
on Government and Finance shall, in consultation with the Insurance
Commissioner, the Secretary of the Department of Revenue and the Secretary of
the Department of Commerce, study the issue of professional employer
organization sponsorship of and involvement in employee health plans, including
their role in insuring the uninsured and underinsured and their impact on the
small group market, as well as issues related to how the operation of
professional employer organizations affects other areas such as taxation and
unemployment insurance. The joint committee shall report back to the
Legislature on or before December 31, 2008, on its findings, conclusions and
recommendations, together with drafts of any legislation necessary to
effectuate its recommendations.
(b) PEOs are expressly prohibited from self-funding
health plans for covered employees.
A professional employer organization that sponsors a health benefit plan shall be considered the employer of all of its covered employees, and all covered employees of one or more client employers participating in a health benefit plan sponsored by a single professional employer organization shall be considered employees of that professional employer organization. For purposes of state law, such health benefit plans shall be treated as a single employer welfare benefit plan.
(b) If a professional employer organization offers to its covered employees any health benefit plan which is not fully insured by an authorized insurer, the professional employer organization must comply with the provisions of article thirty-one of this chapter. The Insurance Commissioner of West Virginia is authorized to promulgate and adopt rules with respect to professional employer organizations sponsoring health benefit plans in accordance with this section.”
The bill was then ordered to third reading.
S. B. 578, Protecting utility workers from crimes against person; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page one, following the enacting section by striking out the remainder of the bill and inserting in lieu thereof the following:
“That §61‑2‑10b of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ArticLe 2. Crimes Against The pErson.
§61-2-10b. Malicious assault; unlawful assault; battery; and assault on governmental representatives, health care providers, utility workers, law-enforcement officers and emergency medical service personnel; definitions; penalties
(a) For purposes of this section:
(1) ‘Government representative’ means any officer or employee of the state or a political subdivision thereof, or a person under contract with a state agency or political subdivision thereof.
(2) ‘Health care worker’ means any nurse, nurse practitioner, physician, physician assistant or technician practicing at, and all persons employed by or under contract to a hospital, county or district health department, long‑term care facility, physician=s office, clinic or outpatient treatment facility.
(3) ‘Emergency service personnel’ means any paid or volunteer firefighter, emergency medical technician, paramedic, or other emergency services personnel employed by or under contract with an emergency medical service provider or a state agency or political subdivision thereof.
(4) ‘Utility worker’ means any individual employed by a public utility or electric cooperative or under contract to a public utility, electric cooperative or interstate pipeline.
(5) ‘Law-enforcement officer’ has the same definition as this term is defined in W.Va. Code §30-29-1, except for purposes of this section, ‘law-enforcement officer’ shall additionally include those individuals defined as ‘chief executive’ in W.Va. Code §30-29-1.
(b) Malicious assault. ‑‑ Any person
who maliciously shoots, stabs, cuts or wounds or by any means causes bodily
injury with intent to maim, disfigure, disable or kill a government
representative, health care worker or, utility worker,
emergency service personnel or law-enforcement officer acting in his or
her official capacity, and the person committing the malicious assault knows or
has reason to know that the victim is acting in his or her official capacity is
guilty of a felony and, upon conviction thereof, shall be confined in a
correctional facility for not less than three nor more than fifteen years.
(c) Unlawful assault. ‑‑ Any person who
unlawfully but not maliciously shoots, stabs, cuts or wounds or by any means
causes a government representative, health care worker or, utility
worker, emergency service personnel or law-enforcement officer
acting in his or her official capacity bodily injury with intent to maim,
disfigure, disable or kill him or her and the person committing the unlawful
assault knows or has reason to know that the victim is acting in his or her
official capacity is guilty of a felony and, upon conviction thereof, shall be
confined in a correctional facility for not less than two nor more than five
years.
(d) Battery. ‑‑ Any person who
unlawfully, knowingly and intentionally makes physical contact of an insulting
or provoking nature with a government representative, health care worker or,
utility worker, emergency service personnel or law-enforcement
officer acting in his or her official capacity and the person committing
the battery knows or has reason to know that the victim is acting in his or her
official capacity, or unlawfully and intentionally causes physical harm to
that person acting in such capacity and the person committing the battery
knows or has reason to know that the victim is acting in his or her official
capacity, is guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than $500 or confined in jail not less than one month nor more
than twelve months or both fined and confined. If any person commits a second
such offense, he or she is guilty of a felony and, upon conviction thereof,
shall be fined not more than $1,000 or imprisoned in a state correctional
facility not less than one year nor more than three years, or both fined and
imprisoned. Any person who commits a third violation of this subsection is
guilty of a felony and, upon conviction thereof, shall be fined not more than
$2,000 or imprisoned in a state correctional facility not less than two years
nor more than five years, or both fined and imprisoned.
(e) Assault. ‑‑ Any person who
unlawfully attempts to commit a violent injury to the person of a government
representative, health care worker or, utility worker,
emergency service personnel or law- enforcement officer, acting in his
or her official capacity and the person committing the battery knows or has
reason to know that the victim is acting in his or her official capacity,
or unlawfully commits an act which places that person acting in his or her
official capacity in reasonable apprehension of immediately receiving a violent
injury and the person committing the battery knows or has reason to know
that the victim is acting in his or her official capacity, is guilty of a
misdemeanor and, upon conviction thereof, shall be confined in jail for not
less than twenty‑four hours nor more than six months, fined not more than
$200, or both fined and confined.”
The bill was then ordered to third reading.
At 6:05 p.m., on motion of Delegate Cowles, the House of Delegates recessed until 7:00 p.m.
Messages from the Senate
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. 54, Altering how tax is collected on homeowners’ associations.
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, to take effect from passage, of
Com. Sub. for S. B. 202, Authorizing Department of Commerce promulgate legislative rules.
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. 259, Amending Unfair Trade Practices Act.
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. 352, Dedicating corporation net income tax proceeds to railways.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment and the passage, as amended, of
Com. Sub. for S. B. 468, Allowing lender charge and receive interest on rescindable loan during rescission period.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the House of Delegates amendment, with amendment, and the passage, as amended, to take effect from passage, of
S. B. 476, Relating to driving restrictions in school zones.
On motion of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates concurred in the following Senate amendments to the House amendments:
On pages one and two, section one, subsection (b), subdivision (1), lines eighteen and nineteen, after the word “shall”, by striking out the comma and the words “upon a determination by the division that such action is needed and necessary for the safety of the school children” and a comma.
On page two, section one, subsection (b), subdivision (1), line twenty, after the word “request”, by changing the period to a colon and inserting “Provided, That the school zone may not be expanded more than one hundred twenty-five feet along an adjacent road unless the division determines that the additional extension is needed and necessary for the safety of the school children.”
And,
By amending the title of the bill to read as follows:
S. B. 476 - “A Bill to amend and reenact §17C-6-1 of the Code of West Virginia, 1931, as amended, relating to driving restrictions in school zones; requiring Division of Highways to erect signage indicating place of entry and exit of each school zone; authorizing county boards of education to formally vote and request in writing for expansion of school zone to a road adjacent to school property; requiring Division of Highways to expand school zones accordingly; requiring Division of Highways to erect new signage to indicate expanded school zone’s location and speed limit within ninety days of receiving request; providing that school zone may not be expanded more than one hundred twenty-five feet along adjacent road unless Division of Highways determines that additional extension is needed and necessary for safety of school children; establishing new offense for violation of school zone speed limit if required signage not present; reducing fine for violation of school zone speed limit if required signage not present; and making technical corrections.”
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 535), and there were--yeas 87, nays 3, absent and not voting 10, with the nays and absent and not voting being as follows:
Nays: Azinger, Ihle and McGeehan.
Absent and Not Voting: Arvon, Deem, Flanigan, McCuskey, E. Nelson, Stansbury, Walters, Weld, Westfall and B. White.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 476) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
S. B. 505, Exempting certain uses of field gas from motor fuel excise taxes.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had agreed to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses as to
S. B. 573, Prohibiting municipal annexation which would result in unincorporated territory within municipality.
The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:
Senators Blair, Maynard and Williams.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the House of Delegates amendment, with a title amendment, and the passage, as amended, of
Com. Sub. for S. B. 591, Relating to voter registration list maintenance and combined voter registration and driver licensing fund.
On motions of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates concurred in the following Senate title amendment:
Com. Sub. for S. B. 591 - “A Bill to amend and reenact §3-2-3, §3-2-4a, and §3-2-12 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated as §3-2-23a, all relating generally to creation and maintenance of voter registration lists generally; creating additional duties for Secretary of State relating to voter registration; authorizing Secretary of State to undertake voter registration list maintenance in a county under certain circumstances; requiring Secretary of State to provide written notice to clerk of county commission of need for voter registration record maintenance and allow ninety days before undertaking voter registration list maintenance in a county; delineating notice requirements; clarifying duty of Secretary of State to perform certain ongoing voter registration database maintenance; directing Secretary of State to enter into agreement with Division of Motor Vehicles for Division of Motor Vehicles to provide certain information regarding persons eligible to vote; setting forth information to be provided by Division of Motor Vehicles; permitting Secretary of State to use information for voter registration list maintenance comparison through interstate data-sharing agreement as designated by Secretary of State; identifying additional permissible uses of funds in Combined Voter Registration and Driver Licensing Fund; providing for periodic transfer of funds from that fund to General Revenue Fund under certain circumstances; authorizing cancellation of registration of deceased or ineligible voters; and granting certain rule-making authority to Secretary of State.”
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 536), and there were--yeas 82, nays 9, absent and not voting 9, with the nays and absent and not voting being as follows:
Nays: Azinger, Ihle, Kurcaba, Lynch, McGeehan, J. Nelson, Sobonya, Upson and Wagner.
Absent and Not Voting: Arvon, Deem, Flanigan, McCuskey, E. Nelson, Stansbury, Weld, Westfall and B. 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. 591) passed.
Delegate Cowles moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 537), and there were--yeas 85, nays 6, absent and not voting 9, with the nays and absent and not voting being as follows:
Nays: Ihle, Kurcaba, Lynch, McGeehan, J. Nelson and Wagner.
Absent and Not Voting: Arvon, Deem, Flanigan, McCuskey, E. Nelson, Stansbury, Weld, Westfall and B. 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 S. B. 591) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had agreed to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses as to
Com. Sub. for S. B. 597, Relating generally to Health Care Authority.
The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:
Senators Ferns, Blair and Plymale.
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. 625, Revising exceptions from FOIA provided for in Aboveground Storage Tank Act.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the changed effective date of the House of Delegates and the passage, of
Com. Sub. for S. B. 691, Modifying certain air pollution standards.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 2444, Providing for the assignment of economic development office representatives to serve as Small Business Allies as facilitators to assist small business entities and individuals.
On motion of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates concurred in the following Senate amendment:
On page two, section five, line thirty-six, after the word “law” by inserting the words “that small businesses have identified to the West Virginia Development Office in the immediately preceding reporting cycle”;
On page two, section five, line forty-one, by striking out “(6)” and inserting in lieu thereof “(4)”;
And,
On page three, section five, lines fifty-two and fifty-three, by striking out all of subdivision (8).
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 538), and there were--yeas 91, nays 1, absent and not voting 8, with the nays and absent and not voting being as follows:
Nays: Kelly.
Absent and Not Voting: Arvon, Deem, Flanigan, E. Nelson, Stansbury, Weld, Westfall and B. White.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2444) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 2904, Requiring the clerk of a county commission to maintain a county ordinance book.
On motion of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates concurred in the following Senate amendments with further amendment:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
“CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.
ARTICLE 2. SECRETARY OF STATE.
§5-2-4. Accessible county records; required information.
(a) The Secretary of State shall maintain a website with certain county information. The website shall be updated annually.
(b) On or before January 31, 2018, the county officer information website shall be updated by the Secretary of State.
(c) The website shall contain the following minimum information regarding county officials:
(1) The official title and name of each county office holder;
(2) The contact information for each county office holder, including telephone number, facsimile number, office location and mailing address;
(3) The electronic mail address of each elected county office holder where available; and
(4) The website of each county commission, where available.
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7–1-3pp. Accessible county records; required information.
(a) Beginning July 1, 2017, each county commission may maintain a website that provides the following information without charge:
(1) The title and name of each elected county office holder;
(2) The contact information of each elected county office holder, including office telephone number, facsimile number, office location and mailing address;
(3) The government electronic mail address of each elected county office holder.
(4) A copy of each county ordinance as adopted;
(5) A copy of the approved meeting minutes; and
(6) A schedule of regular meeting days for each calendar year.
(b) Beginning on or before December 31, 2017, and each year thereafter, the Secretary of State shall obtain the following information:
(1) A list of each elected county official by title, with the name of the elected official;
(2) The office contact information for each county office holder; and
(3) The website address of the county commission website, where available.
§7‑1‑7. Record books.
(a) Beginning on July 1, 2017, the county commission shall, within sixty days of adoption, through the clerk of the commission, enter into a separate book the complete record of all ordinances adopted by the county commission. The clerk shall list, along with each ordinance in the book, the provision of the West Virginia Code authorizing each ordinance. The clerk shall maintain the book in his or her office and shall make available a copy to the county sheriff. Compiling all such ordinances adopted by the county commission and publishing the same on a publically available internet website as delineated in section three-pp of this article shall constitute full compliance with the provisions of this section.
(b) The county court
commission of every county shall provide two record books for the use of
the court county commission, in one of which shall be entered all
the proceedings of such court county commission in relation to
contested elections, all matters of probate, the appointment of appraisers of
the estates of decedents and the appointment and qualification of personal
representatives, guardians, committees and curators, and the settlement of
their accounts, and all matters relating to apprentices; and in the other of
said books shall be entered all the other proceedings of such court county
commission: Provided, however, That said court county
commission shall provide and keep such additional or different record books
as may be specially required by law.”
On motion of Delegate Cowles, the Senate amendment was amended on page one by amending the enacting section as follows:
“That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §5-2-4; and that said code be amended by adding thereto a new section, designated §7-1-3pp; and that §7-1-7 of said code be amended and reenacted, all to read as follows” and a colon.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 539), and there were--yeas 93, nays 1, absent and not voting 6, with the nays and absent and not voting being as follows:
Nays: Sobonya.
Absent and Not Voting: Arvon, Deem, Flanigan, E. Nelson, Westfall and B. White.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2904) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 4265, Relating to payment by the West Virginia Municipal Bond Commission or state sinking fund commission or the governing body issuing the bonds.
On motion of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates concurred in the following Senate amendments:
On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
“chapter 7. county commissions and officers.
ARTICLE 3. county property.
§7-3-9. Form and payment of bonds; use of proceeds of bonds.
Any county commission issuing revenue bonds under the provisions of this article shall thereafter, so long as any such bonds remain outstanding, operate and maintain said courthouse, hospital, other public buildings, jail or regional correctional center, to provide revenues sufficient to pay all operating costs, provide a sinking fund for, and to retire such bonds and pay the interest thereon as the same may become due. The amounts, as and when so set apart by said county commission, shall be remitted to the West Virginia Municipal Bond Commission at least thirty days previous to the time interest or principal payments become due, to be retained and paid out by said commission consistent with the provisions of this article and with the order pursuant to which the bonds have been issued. The West Virginia Municipal Bond Commission is hereby authorized to act as fiscal agent for the administration of such sinking fund under any order passed pursuant to the provisions of this article, and shall invest all sinking funds, as provided by general law. Notwithstanding the foregoing, payments of principal and interest on any bonds owned by the United States or any governmental agency or department thereof may be made by the county commission directly thereto. Revenue bonds issued under the provisions of this article are hereby declared to be and to have all the qualities of negotiable instruments. Such bonds shall bear interest at the rate or rates set by the county commission, not to exceed twelve percent per annum, payable semiannually, and shall mature at any time fixed by the county commission, in not more than thirty years from their date. Such bonds shall be sold at a price not lower than a price which, when computed upon standard tables of bond values, will show a net return of not more than thirteen percent per annum to the purchaser upon the amount paid therefor. Such bonds may be made redeemable at the option of the county commission at such price and under terms and conditions as said county commission may fix, by its order, prior to the issuance of such bonds. Revenue bonds issued hereunder shall be payable at the office of the State Treasurer, or a designated bank or trust company within or without the State of West Virginia.
In case any of the officers whose signatures appear on such bonds or coupons shall cease to be such officers before the delivery of such bonds, such signatures shall, nevertheless, be valid and sufficient for all purposes the same as if they had remained in office until such delivery. The county commission shall by order entered prior to the issuance of said bonds, fix the denominations, times and places of payment of such bonds, the principal and interest of which shall be payable in lawful money of the United States of America. The proceeds of such bonds shall be used solely for the payment of the cost of land, buildings, furniture and equipment thereon, and shall be checked out by the county commission under such restrictions as are contained in the order providing for the issuance of said bonds. If the proceeds of such bonds issued for any courthouse, hospital, other public buildings, jail or regional correctional center, shall exceed the cost thereof, the surplus shall be paid into the fund herein provided for the payment of principal and interest upon such bonds. Such fund may be used for the purchase or redemption of any of the outstanding bonds payable from such fund at the market price, but at not exceeding the price at which any of such bonds shall in the same year be redeemable, as fixed by the commission in its said order, and all bonds redeemed or purchased shall forthwith be canceled, and shall not again be issued.
Prior to the preparation of definitive bonds, the county commission may, under like restrictions, issue temporary bonds, or interim certificates, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter. Such bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified and required by this article.
chapter 8. municipal corporations.
article 16. municipal public works; revenue bond financing.
§8-16-17. Sinking fund; sinking
fund commission West Virginia Municipal Bond Commission; transfer of
funds; purchase of outstanding bonds.
Before the issuance of any
such bonds, the governing body or bodies shall, by ordinance or ordinances,
provide for a sinking fund for the payment of the bonds and the interest
thereon, and the payment of the charges of banking institutions or trust
companies for making payment of such bonds and interest, out of the net
revenues of said works, and shall set aside and pledge a sufficient amount of
the net revenues of the works hereby defined to mean the revenues of the works
remaining after the payment of the reasonable expenses of repair (including
replacements), maintenance and operation, such amount to be paid by the board
into the sinking fund at intervals, to be determined by ordinance or ordinances
adopted prior to the issuance of the bonds, for: (a) The interest upon such
bonds as such interest shall fall due; (b) the necessary fiscal agency charges
for paying bonds and interest; (c) the payment of the bonds as they fall due,
or if all bonds mature at one time, the proper maintenance of a sinking fund
sufficient for the payment thereof at such time; and (d) a margin for safety
and for the payment of premium upon bonds retired by call or purchase as herein
provided, which margin, together with unused surplus of such margin carried
forward from the preceding year and the amounts set aside as reserves out of
the proceeds from the sale of the bonds, or from the revenues of said works, or
from both, shall equal ten percent of all other amounts so required to be paid
into the sinking fund. Such required payments shall constitute a first charge
upon all the net revenues of the works. Prior to the issuance of the bonds, the
board may, by ordinance or ordinances, be given the right to use or direct the
trustee or the state sinking fund commission West Virginia Municipal
Bond Commission to use such sinking fund, or any part thereof, in the
purchase of any of the outstanding bonds payable therefrom, at the market
prices thereof, but not exceeding the price, if any, at which the same shall in
the same year be payable or redeemable, and all bonds redeemed or purchased
shall forthwith be cancelled, and shall not again be issued. After the payments
into the sinking fund as herein required and after reserving an amount deemed
by the board sufficient for repair (including replacements), maintenance and
operation for an ensuing period of not less than twelve months and for
depreciation, the board may at any time in its discretion transfer all or any
part of the balance of the net revenues into the sinking fund or into a fund
for improvement, renovation, extension, enlargement, increase or equipment for
or to the works, or the governing body or bodies may, notwithstanding the
provisions of section twenty, article thirteen of this chapter, transfer all or
any part of the balance of the net revenues to the general or any special fund
of the municipality or municipalities and use such revenues for any purpose for
which such general or special fund may be expended.
All amounts for the sinking
fund and interest, as and when set apart for the payment of same, shall be
remitted to the state sinking fund commission West Virginia Municipal
Bond Commission at such periods as shall be designated in the ordinance or
ordinances, but in any event at least thirty days previous to the time interest
or principal payments become due, to be retained and paid out by said
commission consistent with the provisions of this article and the ordinance or
ordinances pursuant to which such bonds have been issued. The state sinking
fund commission West Virginia Municipal Bond Commission is hereby
authorized to act as fiscal agent for the administration of such sinking fund
under any ordinance or ordinances passed or adopted pursuant to the provisions
of this article and shall invest all sinking funds as provided by general law. Notwithstanding
the foregoing, payments of principal and interest on any bonds owned by the
United States or any governmental agency or department thereof may be made by
the governing body directly thereto.
Article 27. intergovernmental relations – urban mass transportation systems.
§8-27-16. Sinking fund; sinking
fund commission West Virginia Municipal Bond Commission; purchase of
outstanding bonds.
Before the issuance of any
bonds under the provisions of this article, the authority shall, by resolution,
provide for a sinking fund for the payment of the bonds and the interest
thereon, and the payment of the charges of banking institutions or trust
companies for making payment of such bonds and interest, out of the net
revenues of said system, and, in this connection, shall set aside and pledge a
sufficient amount of the net revenues of the system for such purpose, such net
revenues being hereby defined to mean the revenues of the system remaining
after the payment of the reasonable expense of administration, maintenance,
repair and operation, such amount to be paid by such authority into the sinking
fund at intervals, to be determined by resolution adopted prior to the issuance
of the bonds, for: (a) The interest upon such bonds as such interest shall fall
due; (b) the necessary fiscal agency charges for paying bonds and interest; (c)
the payment of the bonds as they fall due, or, if all the bonds mature at one
time, the proper maintenance of a sinking fund sufficient for the payment
thereof at such time; and (d) a margin for safety and for the payment of
premium upon bonds retired by call or purchase as provided in this article.
Such required payments shall constitute a first charge upon all the net
revenues of such authority. Prior to the issuance of any bonds, the authority
may, by resolution, be given the right to use or direct the state sinking
fund commission West Virginia Municipal Bond Commission to use such
sinking fund, or any part thereof, in the purchase of any of the outstanding
bonds payable therefrom, at the market prices thereof, but not exceeding the
price, if any, at which the same shall in the same year be payable or
redeemable, and all bonds redeemed or purchased shall forthwith be cancelled,
and shall not again be issued. In addition to the payments into the sinking
fund provided for above, the authority may at any time in its discretion
transfer all or any part of the balance of the net revenues, after reserving an
amount deemed by such authority sufficient for maintenance, repair and
operation for an ensuing period of not less than twelve months and for
depreciation, into the sinking fund.
The amounts of the balance
of the net revenues as and when so set apart shall be remitted to the state
sinking fund commission West Virginia Municipal Bond Commission at
such periods as shall be designated in the resolution, but in any event at
least thirty days previous to the time interest or principal payments become
due, to be retained and paid out by said commission consistent with the provisions
of this article and the resolution pursuant to which such bonds have been
issued. The state sinking fund commission West Virginia Municipal
Bond Commission is hereby authorized to act as fiscal agent for the
administration of such sinking fund under any resolution adopted pursuant to
the provisions of this article and shall invest all sinking funds as provided
by general law. Notwithstanding the foregoing, payments of principal and
interest on any bonds owned by the United States or any governmental agency or
department thereof may be made by the authority directly thereto.
chapter 10. public libraries; public recreation; athletic establishments; monuments and memorials; roster of servicemen; educational broadcasting authority.
article 2A. athletic establishments.
§10-2A-16. Sinking fund.
At or before the issuance
of any such bonds, the board shall, by resolution, provide for a sinking fund
for the payment of the bonds and the interest thereon, and the payment of the
charges of banks or trust companies for making payment of such bonds, and
interest, out of the net revenues of said athletic establishment, and shall set
aside and pledge a sufficient amount of the net revenues of the athletic
establishment to be paid by the board into such sinking fund at intervals to be
determined by resolution adopted prior to the issuance of the bonds, for: (a)
The interest upon such bonds as the same becomes due; (b) the necessary fiscal
agency charges for paying bonds and interest; (c) the payment of the bonds as
they fall due, or if all bonds mature at one time, the maintenance of a proper
sinking fund for the payment thereof at such time; and (d) a margin for safety
and for the payment of premium upon bonds retired by call or purchase as herein
provided for, which margin, together with unused surplus of such margin carried
forward from the preceding year, shall equal ten per cent of all other amounts
so required to be paid into the sinking fund. Such required payments shall
constitute a first charge upon all the net revenues of the athletic
establishment. Net revenues as used herein shall mean the revenues of the
athletic establishment remaining after the payment of reasonable expense of
operation, repairs, maintenance, insurance and all other reasonable costs of
maintaining and operating the same required to be paid from the revenues
thereof. After the payment into the sinking fund as herein required, the board
may at any time in its discretion transfer all or any part of the balance of
the net revenues, after reserving an amount deemed by the board sufficient for
operation, repairs, maintenance and depreciation for an ensuing period of not
less than twelve months, into the sinking fund or into a fund for extensions,
improvements and additions to such athletic establishment. All amounts for
sinking fund and interest, as and when set apart for the payment of same, shall
be remitted to the state sinking fund commission West Virginia
Municipal Bond Commission at such periods as shall be designated in the
resolution, but in any event at least thirty days previous to the time interest
or principal payments become due, to be retained and paid out by said
commission, consistent with provisions of this article and the order pursuant
to which such bonds have been issued. The state sinking fund commission West
Virginia Municipal Bond Commission is hereby authorized to act as fiscal
agent for the administration of such sinking fund under any resolution adopted
pursuant to the provisions of this article and shall invest all sinking funds
as provided by general law. Notwithstanding the foregoing, payments of
principal and interest on any bonds owned by the United States or any
governmental agency or department thereof may be made by the board directly
thereto.
chapter 17. roads and highways.
article 17. toll bridges.
§17-17-22. Tolls to be charged for bond payment; intrastate and interstate bridges included in one issue; purchase of existing bridges; disposition of tolls.
Tolls shall be fixed,
charged and collected for transit over such bridges and shall be so fixed and
adjusted, in respect of the aggregate of tolls from the bridge or bridges for
which a single issue of bonds is issued, as to provide a fund sufficient to pay
the principal and interest of such issue of bonds and to provide an additional
fund to pay the cost of maintaining, repairing and operating such bridge or
bridges, subject, however, to any applicable law or regulation of the United
States of America now in force or hereafter to be enacted or made. Two or more
bridges may be included in one issue of bonds, and intrastate and interstate
bridges may be grouped in the same issue: Provided, That no existing
bridge or bridges shall be acquired by purchase, eminent domain, or otherwise,
unless the state road commissioner shall have determined that the income
therefrom, based upon the toll receipts for the next preceding fiscal or
calendar year, will be sufficient to pay all expenses of operating and
maintaining such bridge, in addition to the interest and sinking fund requirements
of any bonds to be issued to pay the purchase price thereof, or, if such
existing bridge or bridges are to be combined with any other bridge or bridges,
either then existing or thereafter to be constructed or acquired by purchase,
eminent domain, or otherwise, as provided in section twenty-three-b following,
unless the state road commissioner shall have determined that the income from
such combined bridges, based upon the toll receipts for the next preceding
fiscal or calendar year in the case of any existing bridge or bridges and upon
estimates of future toll receipts in the case of any bridge or bridges to be
constructed, will be sufficient to pay all expenses of operating and
maintaining such combined bridges, in addition to the interest and sinking fund
requirements of any bonds issued to pay the purchase price of such existing
bridge or bridges and the interest and sinking fund requirements of any bonds
issued to pay the cost of construction, acquiring, modernizing, repairing,
reconstructing or improving any bridge or bridges and approaches thereto, with
which such existing bridge or bridges are to be so combined. The tolls from the
bridge or bridges for which a single issue of bonds is issued, except such part
thereof, as may be necessary to pay such cost of maintaining, repairing and
operating during any period in which such cost is not otherwise provided for
(during which period the tolls may be reduced accordingly), shall be
transmitted each month to the state sinking fund commission West
Virginia Municipal Bond Commission and by it placed in a special fund which
is hereby pledged to and charged with the payment of the principal of such
bonds and the interest thereon, and to the redemption or repurchase of such
bonds, such special fund to be a fund for all such bonds without distinction or
priority of one over another. The moneys in such special fund, less a reserve
for payment of interest, if not used by the sinking fund commission West
Virginia Municipal Bond Commission within a reasonable time for the
purchase of bonds for cancellation at a price not exceeding the market price
and not exceeding the redemption price, shall be applied to the redemption of
bonds by lot at the redemption price then applicable. Notwithstanding the
foregoing, payments of principal and interest on any bonds owned by the United
States or any governmental agency or department thereof may be made by the
governing body directly thereto.
Any bridge or bridges
constructed or acquired by purchase, eminent domain, or otherwise, or
reconstructed, repaired or improved, under the provisions of this article and
forming a connecting link between two or more state highways, or providing a
river crossing for a state highway, are hereby adopted as a part of the state
road system, but no such bridge or bridges shall be constructed or acquired by
purchase, eminent domain, or otherwise, or reconstructed, repaired or improved,
under the provisions of this article without the approval in writing of the
state road commissioner and the Governor. If there be in the funds of the state
sinking fund commission West Virginia Municipal Bond Commission an
amount insufficient to pay the interest and sinking fund on any bonds issued
for the purpose of constructing or acquiring by purchase, eminent domain, or
otherwise, or reconstructing, repairing or improving, such bridge or bridges,
the state road commissioner is authorized and directed to allocate to said
commission, from the state road fund, an amount sufficient to pay the interest
on said bonds and/or the principal thereof, as either may become due and
payable.
'17-17-34. Same -- Retiring bonds; remittance to sinking fund.
Every municipality or county court issuing bonds, or other
evidences of indebtedness, under the provisions of this act, shall thereafter,
so long as any such bonds or other evidences of indebtedness remain
outstanding, operate and maintain its bridge so as to provide, charge, collect
and account for revenues therefrom as will be sufficient to pay all operating
costs, provide a depreciation fund, retire the bonds or other evidences of
indebtedness, and pay the interest requirements as the same may become due. The
ordinance or order pursuant to which any such bonds or other evidences of
indebtedness are issued shall pledge the revenues derived from the bridge to
the purposes aforesaid, and shall definitely fix and determine the amount of
revenues which shall be necessary and set apart in a special fund for the bond
requirements. The amounts, as and when so set apart into said special fund for
the bond requirements, shall be remitted to the state sinking fund
commission West Virginia Municipal Bond
Commission at least thirty days previous to the time interest or
principal payments become due, to be retained and paid out by said commission
consistent with the provisions of this act and the ordinance or order pursuant
to which such bonds or other evidences of indebtedness have been issued. Notwithstanding the foregoing, payments of principal
and interest on any bonds owned by the United States or any governmental agency
or department thereof may be made by the governing body directly thereto.”
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 540), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
Absent and Not Voting: Arvon, Deem, Flanigan, E. Nelson, Westfall and B. White.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4265) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 4310, Relating to the West Virginia University Institute of Technology.
On motion of Delegate Cowles, the bill was taken up for immediate consideration.
Delegate Cowles then moved to concur in the following Senate amendments:
On page four, section one, line seventy, after the word “Collaboration” by inserting the words “in engineering and other appropriate programs”.
On page two, section one, line twenty-seven, after the words “Virginia University” by inserting the word “Institute”.
On page three, section one, line fifty-two, by striking out the word “Collegeand” and inserting in lieu thereof the words “College and”.
On page four, section one, line sixty-four, after “(2)” by striking out the words “among West Virginia University Institute of Technology, West Virginia University, the County Commission of Kanawha County, the County Commission of Fayette, and the City of Smithers” and inserting in lieu thereof the words “among West Virginia University Institute of Technology, West Virginia University, the County Commission of Kanawha County, the County Commission of Fayette County, the City of Smithers, and the City of Montgomery, should it elect to do so”.
On page four, section one, line seventy-one, after the word “among” by striking out the words “West Virginia University Institute of Technology, West Virginia University, Marshall University, Concord University, and Bluefield State College” and inserting in lieu thereof the words “West Virginia University Institute of Technology, West Virginia University, Marshall University, Concord University, Bluefield State College and the West Virginia School of Osteopathic Medicine”.
On page six, section two, line thirty-seven, after the word “with” by striking out the words “the County Commission of Kanawha County, the County Commission of Fayette County, and the City of Smithers” and inserting in lieu thereof the words “the County Commission of Kanawha County, the County Commission of Fayette County, the City of Smithers and the City of Montgomery, should it elect to do so”.
And,
On page four, section one, line seventy, after the word “Collaboration” by inserting the words “in engineering and other appropriate programs”.
On the motion to concur in the Senate amendments, Delegate Fast demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 541), and there were--yeas 68, nays 26, absent and not voting 6, with the nays and absent and not voting being as follows:
Nays: Azinger, Border, Caputo, Duke, A. Evans, Faircloth, Fast, Folk, Guthrie, Hamilton, Hicks, Hill, Ihle, Kessinger, Lynch, McGeehan, Miller, Moore, Perdue, Perry, Rohrbach, Romine, Rowe, P. Smith, Sobonya and Stansbury.
Absent and Not Voting: Arvon, Deem, Flanigan, E. Nelson, Westfall and B. White.
So, a majority of the members present and voting having voted in the affirmative, the motion to concur in the Senate amendments was adopted.
Delegate Perry was then recognized and moved to lay the bill upon the table, which motion did not prevail.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 542), and there were--yeas 65, nays 29, absent and not voting 6, with the nays and absent and not voting being as follows:
Nays: Border, Caputo, Duke, A. Evans, Faircloth, Fast, Folk, Gearheart, Guthrie, Hamilton, Hicks, Hill, Ihle, Kelly, Kessinger, Lynch, McGeehan, Miller, Moore, Perdue, Perry, Rodighiero, Rohrbach, Romine, Rowe, P. Smith, Sobonya, Sponaugle and Stansbury.
Absent and Not Voting: Arvon, Deem, Flanigan, E. Nelson, Westfall and B. White.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4310) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 4360, Increasing the criminal penalty for the unlawful practice of law.
On motion of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates concurred in the following Senate amendments:
On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
“ARTICLE 2. ATTORNEYS-AT-LAW.
§30-2-4. Practice without license or oath; penalty; qualification after institution of suits.
(a) It shall be is unlawful for any natural
person to practice or appear as an attorney-at-law for another in a court of
record in this state or to make it a business to solicit employment for any
attorney, or to furnish an attorney or counsel to render legal services,
or to hold himself or herself out to the public or any member thereof
as being entitled to practice law, or in any other manner to assume, use or
advertise the title of lawyer, or attorney and counselor-at-law, or
counselor, or attorney and counselor, or equivalent terms in
any language, in such manner as to convey the impression that he or she
is a legal practitioner of law, or in any manner to advertise that he or
she, either alone or together with other persons, has, owns, conducts or
maintains a law office, without first having been duly and regularly licensed
and admitted to practice law in a court of record the courts of
this State, and without having subscribed and taken the oath required by the next
preceding section provisions of section three of this article.
(b) Any person violating the provisions of this section
subsection (a) of this section shall be is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not more than $1,000
$5,000, or confined in jail not more than ninety days, or both fined and
confined, and on any subsequent offense, is guilty of a misdemeanor and shall
be fined not more than $10,000, or confined in jail not more than one year, or
both fined and confined: but this penalty shall not be incurred by any
attorney who institutes suits in the circuit courts after obtaining a license,
if he or she shall qualify at the first term thereafter of a circuit
court of any county of the circuit in which he or she resides: Provided,
That nothing herein prohibits a lawyer from advertising services or hiring a
person to assist in advertising services as permitted by the Rules of Professional
Conduct.”
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 4360 - “A Bill to amend and reenact §30-2-4 the Code of West Virginia, 1931, as amended, relating to unauthorized practice of law; increasing criminal penalties for unlawful practice of law; setting penalties for second or subsequent offense; removing antiquated language; and providing that a lawyer may advertise services or hire a person to assist in advertising services as permitted by the Rules of Professional Conduct.”
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 543), and there were--yeas 80, nays 14, absent and not voting 6, with the nays and absent and not voting being as follows:
Nays: Azinger, Cadle, Eldridge, Faircloth, Folk, Guthrie, Hamilton, Ihle, Lynch, McGeehan, J. Nelson, Perdue, Pushkin and Upson.
Absent and Not Voting: Arvon, Deem, Flanigan, E. Nelson, Westfall and B. White.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B 4360) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:
H. B. 4411, Relating to penalty for illegally taking native brook trout.
On motion of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates concurred in the following Senate amendments:
On page one, section five-a, line seven, by striking out the words “taken illegally, $100 for each native brook trout” and inserting in lieu thereof the words “that exceeds the creel limit, $100 for the first five illegally taken and $20 for each thereafter” and a colon.
And,
By amending the title of the bill to read as follows:
H. B. 4411 - “A Bill to amend and reenact §20-2-5a of the Code of West Virginia, 1931, as amended, relating to replacement costs for native brook trout taken illegally.”
Delegate Fleischauer moved to reconsider the motion to concur in the Senate amendments, which motion was put and did not prevail.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 544), and there were--yeas 84, nays 8, absent and not voting 8, with the nays and absent and not voting being as follows:
Nays: A. Evans, Folk, Hamilton, Marcum, McGeehan, Romine, Shaffer and P. Smith.
Absent and Not Voting: Arvon, Bates, Deem, Flanigan, Hicks, E. Nelson, Westfall and B. White.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4411) passed.
Delegate Cowles moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 545), and there were--yeas 87, nays 6, absent and not voting 7, with the nays and absent and not voting being as follows:
Nays: Folk, Hamilton, Marcum, McGeehan, Shaffer and P. Smith.
Absent and Not Voting: Arvon, Deem, Flanigan, Hicks, E. Nelson, Westfall and B. White.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4411) 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, with amendment, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 4448, Clarifying that communication by a lender or debt collector which is allowed under the West Virginia Consumer Credit and Protection Act, likewise does not violate the provisions of the West Virginia Computer Crime and Abuse Act.
On motion of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates concurred in the following Senate amendments:
On page one, section fourteen-a, line three, after the word “another”, by inserting the word “person”.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 546), and there were--yeas 89, nays 5, absent and not voting 6, with the nays and absent and not voting being as follows:
Nays: Fleischauer, Ihle, Lynch, Pushkin and Rowe.
Absent and Not Voting: Arvon, Deem, Flanigan, E. Nelson, Westfall and B. White.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4448) passed.
On motion of Delegate Shott, the title of the bill was amended to read as follows:
H. B. 4448 - “A Bill to amend and reenact §61-3C-14a of the Code of West Virginia, 1931, as amended, relating to violations of the West Virginia Computer Crime and Abuse Act; providing an exception to the prohibition against making contact with a person after being requested by the person to desist from contacting them; and providing that communications made by a lender or debt collector to a consumer regarding an overdue debt of the consumer that do not violate the West Virginia Consumer Credit and Protection Act are not a violation of the West Virginia Computer Crime and Abuse Act.”
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
The Speaker announced to the Members that Com. Sub. for H. B. 4519 had been incorrectly reported earlier in today’s proceedings, and the Clerk would now report the corrected message.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 4519, Allowing certain municipalities to elect to participate in the West Virginia Municipal Police Officers and Firefighters Retirement System.
On motion of Delegate Cowles, the bill was taken up for immediate consideration and the House concurred in the following Senate amendment:
On page thirteen, section thirty-three, line eighteen, after the word “of”, by inserting the word “election”.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 547), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
Absent and Not Voting: Arvon, Deem, Flanigan, E. Nelson, Westfall and B. White.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4519) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 4612, Relating generally to tax increment financing and economic opportunity development districts.
On motion of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates concurred in the following Senate amendments:
On page fourteen, section fourteen, line seven, after the word “one-c” by inserting a comma and the words “chapter twenty-one of this code”.
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 4612 - “A Bill to amend and reenact §7-11B-3, §7-11B-4, §7-11B-14, §7-11B-21 and §7-11B-22 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto two new sections, designated §7-11B-29 and §7-11B-30; to amend and reenact §7-22-5, §7-22-7, §7-22-8, §7-22-12 and §7-22-14 of said code; to amend said code by adding thereto two new sections, designated §7‑22‑23 and §7-22-24; to amend and reenact §8-38-5, §8-38-7, §8-38-8, §8-38-12 and §8-38-14 of said code; to amend said code by adding thereto two new sections, designated §8-38-23 and §8-38-24; and to amend and reenact §11-10-11a of said code, all relating generally to tax increment financing; authorizing tax increment financing for the funding road projects in West Virginia; permitting certain agreements between the Division of Highways and counties or municipalities regarding development districts; permitting financing of certain projects by proceeds of tax increment financing obligations; permitting road construction projects be done jointly by counties and municipalities under certain circumstances; establishing procedures and requirements for applications and the management of projects and districts; providing that projects are public improvements and subject to certain requirements; permitting the Division of Highways to propose certain projects; establishing procedures for the West Virginia Development Office and the Tax Commissioner regarding applications and their review; permitting audits in certain circumstances; establishing a procedure for adding or removing property from an economic opportunity development district; requiring procedures relating to taxpayers; providing for confidentiality; providing that roads to be part of the state road system; requiring legislative rulemaking; permitting a fee to be assessed; making findings; and defining terms.”
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 548), and there were--yeas 81, nays 13, absent and not voting 6, with the nays and absent and not voting being as follows:
Nays: Ambler, Canterbury, Folk, Ihle, Lynch, Marcum, McGeehan, J. Nelson, Perdue, Sobonya, Stansbury, Summers and Upson.
Absent and Not Voting: Arvon, Deem, Flanigan, E. Nelson, Westfall and B. White.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4612) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 4673, Providing for a crime for the theft, damage or release of deer from private game farms.
On motion of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates concurred in the following Senate amendments:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
“That §19-2H-11 of the Code of West Virginia, 1931, as amended, be amended and reenacted, to read as follows:
ARTICLE 2H. CAPTIVE CERVID FARMING ACT.
§19‑2H‑11. Prohibited conduct; criminal penalties.
(a) A person may not release or permit the release of any captive cervids from a captive cervid farming facility.
(b) A person may not cause the entry or introduction of wild cervids into a captive cervid farming facility.
(c) An owner may not cease operation of or abandon a captive cervid farming facility without complying with the requirements and rules promulgated under this article.
(d) Any person who violates subsection (a) or (b) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than ninety days, or fined not more than $300, or both fined and confined for a first offense. Any person who violates subsection (a) or (b) of this section for a second or subsequent offense is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than one year, or fined not more than $1,000, or both fined and confined.
(e) Any person who intentionally or knowingly violates subsection (a), (b) or (c) of this section is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility not less than one nor more than three years, or fined not more than $1,000, or both fined and imprisoned.
(f) A person may not kill, injure, take or release any captive cervid that is the property of another. A person who violates this subsection is guilty of a misdemeanor and, upon conviction thereof, may be fined not more than $500 and pay restitution pursuant to sections four and five, article eleven-a, chapter sixty-one of this code.”
And,
By amending the title of the bill to read as follows:
Com. Sub for H. B. 4673 - “A Bill to amend and reenact §19-2H-11 of the Code of West Virginia, 1931, as amended, relating to captive cervid; establishing a misdemeanor penalty to kill, injure, take or release captive cervid; and setting forth fines and restitution.”
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 549), and there were--yeas 93, nays 1, absent and not voting 6, with the nays and absent and not voting being as follows:
Nays: Ihle.
Absent and Not Voting: Arvon, Deem, Flanigan, E. Nelson, Westfall and B. White.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 4673) passed.
On motion of Delegate Shott, the title of the bill was amended to read as follows:
Com. Sub for H. B. 4673 - “A Bill to amend and reenact §19-2H-11 of the Code of West Virginia, 1931, as amended, relating to captive cervid; establishing a misdemeanor penalty to kill, injure, or take captive cervid; and setting forth fines and restitution.”
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence thereon.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:
H. B. 4725, Relating to providing the procedures for the filling of vacancies in the offices of justices of the Supreme Court of Appeals, circuit judge, family court judge or magistrate and making certain clarifications.
On motion of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates concurred in the following Senate title amendment:
H. B. 4725 - “A Bill to amend and reenact §3-10-3 of the Code of West Virginia, 1931, as amended, relating to providing the procedures for the filling of vacancies in the offices of justices of the Supreme Court of Appeals, circuit judge, family court judge or magistrate; providing that persons appointed to offices of justice of the Supreme Court of Appeals, circuit judge, family court judge and magistrate shall continue to serve if the unexpired term be less than two years; providing for elections to fill unexpired terms under certain circumstances based on when vacancy occurs; and making certain clarifications.”
On motion of Delegate Shott, the enacting section was amended to read as follows:
“That §3-10-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted all to read as follows:”
The bill, as amended by the Senate and further amended by the House, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 550), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
Absent and Not Voting: Arvon, Deem, Flanigan, E. Nelson, Westfall and B. White.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4725) passed.
On motion of Delegate Shott, the title of the bill was amended to read as follows:
H. B. 4725 - “A Bill to amend and reenact §3-10-3 of the Code of West Virginia, 1931, as amended, all relating to providing the procedures for the filling of vacancies in the offices of justices of the Supreme Court of Appeals, circuit judge, family court judge or magistrate and making certain clarifications concerning procedures to be followed when an unexpired term is for a period of more than two years.”
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence thereon.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:
H. B. 4726, Relating to coal mining generally.
On motion of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates concurred in the following Senate amendments:
On page forty-one, subdivision (8), line fifty-nine, after the word “denial”, by inserting the words “or approval”.
On page forty-one, section six, subdivision (8), line sixty, after the words “the denial” by inserting the words “or approval”.
And,
On page forty-one, section six, subdivision (8), line sixty, after the words “Any denial” by inserting the words “or approval”.
And,
By amending the title of the bill to read as follows:
H. B. 4726 - “A Bill to repeal §22-3A-1, §22-3A-2, §22-3A-3, §22-3A-4, §22-3A-5, §22-3A-6, §22-3A-7, §22-3A-8, §22-3A-9 and §22-3A-10 of the Code of West Virginia, 1931, as amended; to amend and reenact §16-4C-6c of said code; to amend and reenact §22‑1‑7 of said code; to amend and reenact §22-3-2, §22-3-4, §22-3-13, §22-3-13a, §22‑3-22a and §22-3-30a of said code; to amend said code by adding thereto six new sections, designated §22-3-34, §22-3-35, §22-3-36, §22-3-37, and §22-3-38; to amend and reenact §22-11-6 of said code; to amend and reenact §22A‑1‑13, §22A-1-14, §22A-1-15, §22A-1-19, §22A-1-20, §22A-1-31 and §22A-1-35 of said code; to amend and reenact §22A-1A-2 of said code; to amend and reenact §22A-2-3, §22A-2-8, §22A-2-14, §22A-2-20, §22A-2-25, §22A-2-36, §22A-2-55, §22A-2-66 and §22A-2-77 of said code; and to amend and reenact §22A-7-7 of said code, all relating generally to coal mining; making findings; eliminating the Department of Environmental Protection Office of Explosives and Blasting and consolidating the remaining duties and responsibilities related to blasting to the Department of Environmental Protection Division of Mining and Reclamation; adding blasting oversight; providing that the Department of Environmental Protection to revise rules on hydrologic protection and stormwater runoff analyses on mining operations and to promulgate rules that conform with the federal regulations requirements to minimize the disturbances to the prevailing hydrologic balance at a mine site and in associated off-site areas; providing that cumulative hydrologic impact assessment may be conducted; requiring a statement of probable hydrologic consequences and to prevent flooding; modifying certain findings, ventilation requirements, and roof or rib requirements; requiring the Department of Environmental Protection to follow deadlines for approving or denying applications for site specific water quality criteria; providing that state mine rescue teams may serve as backup mine rescue teams for mines in this state; providing that the Board of Mine Health and Safety to have the authority to propose rules for the use of diesel equipment in the state’s mines; transferring certification authority to the Director of the Office of Miners’ Health Safety and Training for mining emergency medical technicians; requiring the State Board of Appeals to allow evidence of testing procedures and test results be introduced through notarized affidavits from Medical Review Officers and testify if necessary; providing for telephonic testimony under oath; providing that the penalty for not reporting accidents in fifteen minutes to the Office of Miners’ Health, Safety and Training be modified to up to $100,000; providing that the Director of Office of Miners’ Health, Safety and Training shall have the authority to modify assessed penalties and penalties may be modified by the State Board of Appeals based on a vote of two Board members; providing a method incase a miners’ wireless emergency communications device fails; and allowing company input into state supervisory training and how it is scheduled during the year.”
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 551), and there were--yeas 88, nays 6, absent and not voting 6, with the nays and absent and not voting being as follows:
Nays: Fleischauer, Guthrie, Pushkin, Rowe, Shaffer and Skinner.
Absent and Not Voting: Arvon, Deem, Flanigan, E. Nelson, Westfall and B. White.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4726) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:
H. B. 4734, Relating to mine subsidence insurance.
On motion of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates concurred in the following Senate amendments:
On page one, by striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:
“That §33-30-6 and §33-30-8 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows” and a colon.
And,
By amending the title of the bill to read as follows:
H. B. 4734 - “A Bill to amend and reenact §33-30-6 and §33-30-8 of the Code of West Virginia, 1931, as amended, all relating to mine subsidence insurance; increasing the maximum amount of total insured value reinsured by Board of Risk and Insurance Management; and deleting threshold provision for loss coverage.”
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 552), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
Absent and Not Voting: Arvon, Deem, Flanigan, E. Nelson, Westfall and B. White.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4734) passed.
Delegate Cowles moved that the bill take effect October 1, 2016.
On this question, the yeas and nays were taken (Roll No. 553), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
Absent and Not Voting: Arvon, Deem, Flanigan, E. Nelson, Westfall and B. White.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4734) takes effect October 1, 2016.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
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
On motion for leave, a resolution was introduced (Originating in the Committee on the Judiciary and reported with the recommendation that it be adopted), which was read by its title, as follows:
By Delegates Skinner, Folk, Foster, McCuskey, Fleischauer, Manchin, Rowe, and Shott:
H. C. R. 115 - “Requesting the Joint Committee on Government and Finance to study all versions of call for a constitutional convention before the legislature”.
Whereas, a national effort is underway to pass state resolutions and bills calling for a constitutional convention to modify the U.S. Constitution; and
Whereas, the legislature has under consideration several versions the study should consider, including but not be limited to call of Article V convention, Convention of States, Compact of States versions before the legislature, and make any recommendations to ensure that the Constitution and West Virginia’s priorities are protected as this body considers any version of this national call; and
Whereas, some versions include the call to sharply limit what the federal government can do to advance the nation’s priorities, invest in the country’s future, and protect the rights and opportunities of all Americans; and
Whereas, among the many Constitutional amendments that could emerge from this effort include but are in no way limited to the consideration of a balanced budget amendment, impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for its officials and for members of Congress, overturn of the Citizens United decision, alter and strike current amendments as well as alter or strike the entire U.S. Constitution; and
Whereas, a Constitutional convention would open up the Constitution to any amendments its delegates should choose to propose. While West Virginia has considered the control of a West Virginia delegate chosen for a convention, the state is trusting that other states are giving the same thoughtful processes to delegate consideration, in turn opening up the constitution with varying state opinions of delegate authority; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study all versions of call for a constitutional convention before the legislature; and be it
Further Resolved, for the study to include but not be limited to the call of Article V convention, Convention of States, Compact of States versions before the legislature; and, be it
Further Resolved, This study should include but not be limited to questions of if a convention can be limited to certain issues; how the delegates would be selected; and make any recommendations to ensure that the Constitution and West Virginia’s priorities are protected by passing any version of this national call; 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.
At the respective requests of Delegate Cowles, and by unanimous consent, reference of the resolution (H. C. R 115) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Unfinished Business
H. C. R. 36, Applying for an Article V Amendments Convention to Propose a Constitutional Amendment; having been postponed in earlier proceedings, was taken up for further consideration.
Debate resumed on the amendment offered by Delegate J. Nelson, on page one, line one, by striking out everything beginning with the word “Applying” and inserting in lieu thereof the following:
Requesting the Joint Committee on the Judiciary to study the proposal of urging Congress call a convention of the states, under the authority reserved to the states in Article V of the United States Constitution, limited to proposing amendments to the Constitution of the United States that impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government and limit the terms of office for its officials and for members of Congress.
Whereas, The elected West Virginia State Senators and Delegates have a need for a study to research and determine the viability and limits of such a convention process, as well as provide answers to the many outstanding questions of the members and the public at large.
Whereas, Article IV, Section 4 of the Constitution of the United States guarantees to every state a republican form of government which gives each state equal standing when calling for an amendments convention. Article V of the Constitution of the United States reserves to the several states the right to call for a convention for the purpose of amending the United States Constitution when Congress or the courts or both Congress and the courts refuse to address an egregious wrong suffered by the people; and
Whereas, The states alone have the authority to “limit” the agenda and authority of a convention. The states alone can call for a “Single Issue” convention by agreeing among themselves the purpose, terms, conditions, duration and agenda for the convention. Congress does not have the authority to define a “Single Issue” convention. The authority of Congress, under Article V of the United States Constitution, empowers it to convene a convention as called for and defined by the several states; and
Whereas, The founders of our Constitution empowered state legislators to be guardians of liberty against future abuses of power by the federal government which has created a crushing national debt through improper and imprudent spending; and
Whereas, The federal government has invaded the legitimate roles of the states through the manipulative process of federal mandates, most of which are unfunded to a great extent, and the federal government has ceased to live under a proper interpretation of the Constitution of the United States; and
Whereas, It is the solemn duty of the states to protect the liberty of the people—particularly for the generations to come—by proposing amendments to the Constitution of the United States through a Convention of the States under Article V for the purpose of restraining these and related abuses of power; therefore, be it
Resolved by the Legislature of West Virginia:
That the State of West Virginia strongly condemns the prolonged and unlawful expansion of Federal authority upon the rights and self-governance of the people of West Virginia and is contemplating this action as a method of self-preservation against such abuses; and be it;
Further Resolved, For
the purposes of determining whether the Legislature should That
the Legislature hereby urges Congress call a convention
of the states, under the authority reserved to the states in Article V of the
United States Constitution, limited to proposing amendments to the Constitution
of the United States that impose fiscal restraints on the federal government,
limit the power and jurisdiction of the federal government and limit the terms
of office for its officials and for members of Congress, the Legislature
hereby requests that the Joint Committee on the Judiciary to determine the
viability, limits, and answer other questions about the process should the
State of West Virginia proceed with the application; and, be it
Further Resolved, That
the State of West Virginia hereby applies to Congress, under the provisions of
Article V of the Constitution of the United States, for the calling of a
convention of the states limited to proposing amendments to the Constitution of
the United States that impose fiscal restraints on the federal government,
limit the power and jurisdiction of the federal government and limit the terms
of office for its officials and for members of Congress and absolutely no other
business will be authorized at this convention; and, be it
Further Resolved, That
this application constitutes a continuing application in accordance with
Article V of the Constitution of the United States until the legislatures of at
least two thirds of the several states have made applications on the same
subject; and, be it
Further Resolved, That the Joint Committee on the Judiciary report to the regular session of the Legislature, 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 the Judiciary.
Further Resolved, That
the Clerk of the Senate is hereby directed to forward this resolution and
application to the President and Secretary of the United States Senate, to the
Speaker and Clerk of the United States House of Representatives, to the members
of West Virginia’s congressional delegation and to the presiding officers of
each of the legislative houses in the several states requesting their
cooperation.
Delegate Kurcaba was addressing the House when Delegate Overington arose to a point of order, regarding the content of the Gentlemen’s remarks, to which point the Speaker asked the Members to confine their remarks to the amendment before the House.
Delegate Hanshaw arose to a point of inquiry, stating that the proposition now before the House was substantially the same as the proposition contained in H. C. R. 115.
To the point the Speaker replied, stating that there were distinctions between the two propositions and that the amendment was in order..
On the adoption of the amendment, Delegate J. Nelson demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 554), and there were--including 4 paired --yeas 41, nays 52, absent and not voting 7, with the paired, yeas, absent and not voting being as follows:
Pursuant to House Rule 43, the following pairing was filed and announced by the Clerk:
Paired:
Yea: Hornbuckle Nay: Walters
Yea: Morgan Nay: Faircloth
Yeas: Bates, Blackwell, Boggs, Byrd, Campbell, Caputo, Cowles, Eldridge, Ferro, Fleischauer, Fluharty, Guthrie, Hamilton, Hartman, Hicks, Kelly, Longstreth, Lynch, Manchin, Marcum, McGeehan, Miley, Moore, Moye, J. Nelson, Perdue, Perry, Pethtel, Phillips, Pushkin, Reynolds, Rodighiero, Rowe, Skinner, P. Smith, Sponaugle, Trecost, Wagner and P. White.
Absent and Not Voting: Arvon, Border, Deem, Flanigan, E. Nelson, Westfall and B. White.
So, a majority of the members present and voting not having voted in the affirmative, the amendment was rejected.
The question now being on the adoption of the resolution, the yeas and nays were demanded, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 555), and there were, including 4 paired --yeas 66, nays 27, absent and not voting 7, with the paired, nays absent and not voting being as follows:
Pursuant to House Rule 43, the following pairing was filed and announced by the Clerk:
Paired:
Yea: Faircloth Nay: Morgan
Yea: Hanshaw Nay: Hornbuckle
Nays: Bates, Boggs, Byrd, Caputo, Duke, Eldridge, Ferro, Fleischauer, Fluharty, Guthrie, Longstreth, Lynch, Manchin, McGeehan, Miley, Moore, J. Nelson, Pushkin, Reynolds, Rodighiero, Rowe, Skinner, P. Smith, Sponaugle and P. White.
Absent and Not Voting: Arvon, Border, Deem, Flanigan, E. Nelson, Westfall and B. White.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. C. R. 36) adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Leaves of Absence
At the request of Delegate Cowles, and by unanimous consent, leave of absence for the day was granted Delegate Arvon.
Miscellaneous Business
Delegate Boggs noted to the Clerk that he was absent on today when the votes were taken on Roll Nos. 494 and 495, and that had he been present, he would have voted “Yea” thereon.
Delegate Guthrie noted to the Clerk that she was absent on today when the vote was taken on Roll No. 493, and that had she been present, she would have voted “Yea” thereon.
Delegate Hamilton noted to the Clerk that he was absent on today when the vote was taken on Com. Sub. for S. B. 159, and that had he been present, he would have voted “Yea” thereon.
Delegate Bates noted to the Clerk that he was absent when the votes were taken on Roll Nos. 544 and 545, and that had he been present, he would have voted “Yea” thereon.
Delegate Blackwell noted to the Clerk that he was absent when the votes were taken on H. B. 4741, and that had he been present, he would have voted “Nay” thereon.
Delegate P. Smith noted to the Clerk that she was absent when the vote was taken on S. B. 454, and that had she been present, she would have voted “Yea” thereon.
Delegate Byrd noted to the Clerk that he was absent when the votes were taken on Roll Nos. 516, 517, 519, 520, 447 and 448, and that had he been present, he would have voted “Yea” thereon.
Delegates Marcum, Hartman, McGeehan and Trecost asked and obtained unanimous consent to be removed as cosponsors of H. C. R. 36.
At 9:55 p.m., the House of Delegates adjourned until 10:00 a.m., Saturday, March 12, 2016.