__________*__________
Thursday, February 23, 2017
SIXTEENTH DAY
[MR. SPEAKER, MR. ARMSTEAD, IN THE CHAIR]
??????????? The House of Delegates met at 11:00
a.m., and was called to order by the Honorable Tim Armstead, Speaker.
??????????? Prayer was offered and the House was
led in recitation of the Pledge of Allegiance.
??????????? The Clerk proceeded to read the
Journal of Wednesday, February 22, 2017, being the first order of business,
when the further reading thereof was dispensed with and the same approved.
Committee Reports
??????????? Delegate Nelson, from the Committee
on Finance, submitted the following report, which was received:
Your Committee on Finance has had under
consideration:
H.
B. 2123, Making the West Virginia Schools for
the Deaf and Blind eligible to participate in any and all funding administered
or distributed by the West Virginia School Building Authority,
And reports the same back, with the
recommendation that it do pass.
Delegate Nelson, Chair of the Committee
on Finance, submitted the following report, which was received:
??????????? Your Committee on Finance has had
under consideration:
H.
B. 2263, Lottery Commission, W.Va. State
Limited Video Lottery,
??????????? And reports the same back, with amendment, with the
recommendation that it do pass, as amended, but that it first be referred to
the Committee on the Judiciary.
??????????? In accordance with the former
direction of the Speaker, the bill (H. B. 2263) was referred to the Committee
on the Judiciary.
Delegate
Espinosa, Chair of the Committee on Education, submitted the following report,
which was received:
Your
Committee on Education has had under consideration:
H. B.
2542, Relating to public higher
education personnel,
And
reports back a committee substitute therefor, with the same title, as follows:
Com. Sub.
for H. B. 2542 - "A Bill to repeal ?18B-7-9,
?18B-7-11 and ?18B-7-12 of the Code of West Virginia, 1931, as amended; to
repeal ?18B-9-1, ?18B-9-2, ?18B-9-3 and ?18B-9-4 of said code; to repeal
?18B-9A-3 and ?18B-9A-8 of said code; to amend and reenact ?18B-1B-5 of said
code; to amend and reenact ?18B-4-1 and ?18B-4-2a of said code; to amend and
reenact ?18B-7-1, ?18B-7-2, ?18B-7-3, ?18B-7-6 and ?18B-7-8 of said code; to
amend said code by adding thereto a new section, designated ?18B-8-7; to amend
and reenact ?18B-9A-2, ?18B-9A-5, ?18B-9A-6 and ?18B-9A-7 of said code; and to
amend said code by adding thereto a new article, designated ?18B-9B-1, all
relating to public higher education personnel generally; clarifying roles of
Higher Education Policy Commission, Council for Community and Technical College
Education and state organizations of higher education; eliminating certain
human resources review by Higher Education Policy Commission and Council for
Community and Technical College Education; eliminating specific references to
the Vice Chancellor for Human Resources; eliminating outdated and redundant
reporting requirements; eliminating requirement for Higher Education Policy
Commission to create certain positions that report to Vice Chancellor for Human
Resources; eliminating certain higher education organization employment ratios
and requirements; eliminating higher education organization classified employee
salary schedule, outdated associated requirements and definitions; eliminating
certain requirements related to exercising flexibility in human resources for
higher education organizations; eliminating outline of steps for implementation
of classification and compensation system by Higher Education Policy Commission
and Council for Community and Technical College Education; providing
legislative purposes and intent for higher education personnel; defining terms;
providing and revising rules relating to reductions in workforce and hiring
preferences; providing for continuing education and professional development;
providing for evaluation and reviews of organizations for certain human
resource deficiencies, best practices and compliance with state higher
education personnel laws; providing for content of certain reports from Higher
Education Policy Commission and Council for Community and Technical College
Education to Legislative Oversight Commission on Education Accountability;
authorizing organizations to adopt rules relating to employment policies and
practices for staff and faculty; providing for preemption of Higher Education
Policy Commission and Council for Community and Technical Education rules
conflicting with a governing board rule on faculty; defining classified and
nonclassified employees; clarifying powers and duties of the Compensation Planning
and Review Committee; providing that the Higher Education Policy Commission
shall develop a model minimum salary schedule using West Virginia Workforce and
other relevant data that organizations shall follow except in certain
instances; providing that the Higher Education Policy Commission develop
classification and compensation rules; providing state organizations of higher
education with the ability to propose and implement approved legislative rules
relating to classification and compensation with certain exceptions; and
requiring any rule proposed by a state organization of higher education
incorporate best human resources practices, address areas of accountability,
employee classification and compensation and performance evaluation,"
With
the recommendation that the committee substitute do pass.
Delegate Shott, Chair of the Committee
on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had
under consideration:
??????????? H.
B. 2083, Increasing the felony
criminal penalties for exposing children to methamphetamine manufacturing,
And reports back a committee substitute
therefor, with a new title, as follows:
??????????? Com.
Sub. for H. B. 2083 ? ?A Bill to amend and reenact ?60A-10-12 of the Code
of West Virginia, 1931, as amended, relating to the Methamphetamine Laboratory
Eradication Act; and increasing the felony criminal penalty for knowingly
causing or permitting a minor to be present in a location where methamphetamine
is manufactured or attempted to be manufactured,?
And,
??????????? H.
B. 2486, Providing that when a
party?s health condition is at issue in a civil action, medical records and
releases for medical information may be requested and required without court
order,
And reports back a committee substitute
therefor, with a new title, as follows:
Com.
Sub. for H. B. 2486 ?
?A Bill to amend and reenact ?33-6F-1 of the Code of West Virginia, 1931, as
amended; relating to medical records and medical billing records obtained by
insurers in connection with insurance claims or civil litigation; providing
that such records shall be confidentially maintained by insurers in accordance
with state and federal law, prohibiting restrictions that may be imposed that
contradict or are inconsistent with any applicable policy of insurance or the
performance of insurance functions permitted or authorized by state and federal
law; requiring the State Insurance Commissioner to review the provisions of
Title 114, Series 57 of the Code of State Rules and to propose new rules or
modify existing rules to the extent deemed necessary,?
With the recommendation that the
committee substitutes each do pass.
Delegate
Shott, Chair of the Committee on the Judiciary, submitted the following report,
which was received:
Your
Committee on the Judiciary has had under consideration:
H. B. 2585, Creating felony crime of conducting financial transactions
involving proceeds of criminal activity,
And
reports back a committee substitute therefor, with the same title, as follows:
Com.
Sub. for H. B. 2585 ? ?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 laundering
of proceeds from specified criminal activities; defining terms; creating felony
crime of conducting financial transactions involving proceeds of criminal
activity; creating felony crime of transporting, transmitting or transferring
monetary instruments or property involving proceeds of criminal activity;
providing for penalties; providing for seizure and forfeiture of property or
monetary instruments; specifying the burden of proof in a forfeiture
proceeding; clarifying conduct that constitutes separate offenses; and setting
forth venue for prosecution of offenses,?
With the
recommendation that the committee substitute do pass.
Messages from the Senate
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced
the passage by the Senate and requested the concurrence of the House of
Delegates in the passage, of
??????????? S. B. 188
- ?A Bill to amend and reenact ?16-5Y-2 of the Code of West Virginia, 1931, as
amended, relating to clarifying the definition of ?telehealth? for purposes of
medication-assisted treatment programs?; which was referred to the Committee on
Health and Human Resources.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced
the passage by the Senate and requested the concurrence of the House of
Delegates in the passage, of
??????????? S. B. 222
- ?A Bill to amend and reenact ?21A-6-3 of the Code of West Virginia, 1931, as
amended, relating to disqualification for unemployment benefits; providing that
an individual is disqualified for benefits for any week or portion of a week in
which he or she left or lost his or her job as a result of a strike; clarifying
that a lockout is not a strike; providing that workers replaced with new
prepayment employees are not eligible for unemployment benefits; establishing
the circumstances when a worker is determined to leave or lose employment by
reason of a lockout; providing the circumstances when a worker is determined to
be permanently replaced by another employee; and providing that contractor
employees who perform the work of a striking worker are not to be determined to
have permanently replaced a striking worker?; which was referred to the
Committee on the Judiciary.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced
the passage by the Senate, to take effect July 1, 2017, and requested the
concurrence of the House of Delegates in the passage, of
??????????? Com. Sub. for S. B. 242 - ?A Bill to amend and reenact ?18-5-45 of the Code of
West Virginia, 1931, as amended; and to amend and reenact ?18-5A-5 of said
code, all relating to school calendars; removing the word ?separate? throughout
the section as it relates to the number of instructional days in the school
calendar; designating one noninstructional day for teachers as a preparation
day for opening school and another for teachers as a preparation day for
closing school; allowing teacher preparation days to be used for certain other
purposes at teacher?s discretion; increasing number of two-hour blocks for
faculty senate meetings from four to six; removing requirement that faculty
senate meetings be held once every forty-five days; permitting certain accrued
minutes to be used for lost instructional days; requiring that any reimagining
student instructional days be exhausted prior to using accrued minutes for lost
instructional days; and encouraging the use of reimagining student
instructional days to achieve the one hundred eighty instructional day
requirement?; which was referred to the Committee on Education.
Bills Introduced
On
motions for leave, bills were introduced, read by their titles, and severally
referred as follows:
??????????? By
Delegates Anderson, Arvon, Overington, G. Foster, R. Romine, Householder, Upson
and Shott:
H.
B. 2678 - ?A Bill to
amend and reenact ?56-6-31 of the Code of West Virginia, 1931, as amended,
relating to the rate of interest allowed for prejudgment and post-judgment
interest?; to the Committee on the Judiciary.
??????????? By
Delegates Summers, Frich, Overington, Paynter, Harshbarger, Moore, Dean, G.
Foster, Higginbotham, Butler and Fast:
H.
B. 2679 - ?A Bill to
amend and reenact ?7-11-5 of the Code of West Virginia, 1931, as amended; and
to amend and reenact ?20-2-5 of the Code of West Virginia, 1931, as amended,
all relating to the possession of firearms in parks and park facilities
generally; prohibiting county parks and recreation commissions from promulgating
or enforcing rules which prohibit possession of firearms; providing magistrate
courts with concurrent jurisdiction; carrying a firearm for self-defense in
state parks and state forests; providing exceptions; and clarifying that
nothing in the section authorizes counties or municipalities to limit a
person?s ability to possess, transfer over, carry or transport a firearm or
ammunition in a state park, state forest, or recreational areas in state
wildlife management areas under the Division of Natural Resources, provided
that such person is not otherwise prohibited from possessing firearms?; ?to the Committee on Agriculture and Natural
Resources then the Judiciary.
??????????? By
Delegates Howell, McGeehan, Folk, Householder, Kessinger, Hill, Blair, Atkinson
and Fast:
H.
B. 2680 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?30-25-19, relating to termination of the West Virginia
Nursing Home Administrators Licensing Board?; to the Committee on Government
Organization.
??????????? By
Delegates Hamrick, Kessinger, Howell, Blair, Atkinson, Hollen and Householder:
H.
B. 2681 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?30-23-31, relating to termination of the West Virginia
Medical Imaging and Radiation Therapy Technology Board of Examiners?; to the
Committee on Government Organization.
??????????? By
Delegates Ellington, Shott, Cowles, Rowan and E. Nelson:
H.
B. 2682 - ?A Bill to
amend and reenact ?55-7B-2, ?55-7B-4, ?55-7B-10 and ?55-7B-11 of the Code of
West Virginia, 1931, as amended; and to amend said code by adding thereto a new
section, designated ?55-7B-9e, all relating to Medical Professional Liability;
defining the term ?occurrence?; providing venue preference; establishing an
attorney?s fee schedule based upon amount recovered; establishing the effective
date; and providing for severability?; to the Committee on Health and Human
Resources then the Judiciary.
??????????? By
Delegates Westfall, White, Hamrick, Hartman and Frich:
H.
B. 2683 - ?A Bill to
amend and reenact ?33-26-2, ?33-26-3, ?33-26-4, ?33-26-5, ?33-26-8, ?33-26-9,
?33-26-10, ?33-26-11, ?33-26-12, ?33-26-13, ?33-26-14 and ?33-26-18 of the Code
of West Virginia, 1931, as amended, all relating to West Virginia Insurance
Guaranty Association Act; modifying scope and construction of act; adding and
amending definitions; clarifying and adding powers, duties and rights of
association; modifying provisions concerning effect of paid claims, exhaustion
of coverage, prevention of insolvencies and stay of proceedings; changing due
date of annual financial report; limiting covered claims; expanding
association?s right to recover and be reimbursed; providing for confidentiality
of financial information; and exempting certain reports and recommendations
from Freedom of Information Act?; to the Committee on Banking and Insurance
then the Judiciary.
??????????? By
Delegates Canestraro, Lovejoy, Hollen, R. Miller, Shott and Isner:
H.
B. 2684 - ?A Bill to
amend and reenact ?17B-4-3 of the Code of West Virginia, 1931, as amended,
relating to imposing penalties for repeat violations of the prohibition against
driving under the influence on a suspended license by persons under the age of
twenty-one?; to the Committee on the Judiciary.
??????????? By
Delegates Sobonya, C. Romine, C. Miller, Westfall, Atkinson, Householder,
Frich, Overington, Summers and Folk:
H.
B. 2685 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?51-4-8, relating to clerks of circuit courts and the duty
to publish reports of court cases that have exceeded the time standards for
resolution and disposition?; to the Committee on the Judiciary.
??????????? By
Delegates Sobonya, Frich, N. Foster, C. Romine, Summers, Butler, Gearheart,
Queen, Folk, O?Neal and C. Miller:
H.
B. 2686 - ?A Bill to
amend and reenact ?4-2-6 of the Code of West Virginia, 1931, as amended,
relating to providing a mechanism for the independent evaluation of revenue
estimates by West Virginia and Marshall Universities? business colleges?; to
the Committee on Education then Finance.
??????????? By
Delegates Robinson, Kessinger, Moore, R. Miller, Williams, Isner, Lovejoy,
Canestraro, Wilson, Dean and Thompson:
H.
B. 2687 - ?A Bill to
amend and reenact ?11-3-9 of the Code of West Virginia, 1931, as amended,
relating to property tax assessments; and providing that military veterans with
a one hundred percent service related disability are exempt from property
taxation?; to the Committee on Veterans? Affairs and Homeland Security then
Finance.
??????????? By
Delegates Anderson, A. Evans, Deem, R. Romine, Fast, Lewis, Westfall, Lane,
Higginbotham, Harshbarger and Zatezalo:
H.
B. 2688 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?54-1-3b, relating to permitting natural gas companies to
enter private property without prior consent from the owner for the limited
purposes of obtaining data to comply with regulatory requirements or to survey
land for pipeline or pipeline facility development; requiring natural gas
companies to request permission to inspect property prior to entry; requiring
natural gas companies to provide owner notice of intent to enter property prior
to entry; and preempting entries authorized under this section from being
deemed a trespass or a taking?; to the Committee on Energy then the Judiciary.
House Calendar
Third Reading
??????????? Com. Sub. for H. B. 2404, Barring persons who are convicted of
certain criminal offenses from acquiring property from their victims; 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. 14), and there were--yeas
100, nays none, absent and not voting none.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for H. B. 2404) passed.
On motion of Delegate Shott, the title
of the bill was amended to read as follows:
Com. Sub. for H. B. 2404 - ?A Bill to amend and reenact
?̀36-1-20 of the Code of West Virginia, 1931, as amended; and to amend and
reenact ?42-4-2 of said code, all relating generally to barring persons who are
convicted of certain criminal offenses from acquiring property from their
victims through joint tenancy or inheritance; barring a person who has been
convicted of an offense causing the death of an incapacitated adult as a
principal, aider and abettor, or accessory before the fact from taking or
acquiring real or personal property by survivorship when the joint tenant is a
victim of the criminal offense; barring a person who has been convicted of an
offense of abuse or neglect of an incapacitated adult, or a felony offense of
financial exploitation of an elderly person, protected person or an
incapacitated adult from taking or acquiring real or personal property by
survivorship when the victim of the criminal offense if the joint holder of the
title to the property and providing exceptions therefor; barring a person who
has been convicted of an offense causing the death of an incapacitated adult
taking or acquiring money, property, or any interest therein by descent and
distribution, will, or any policy or certificate of insurance; and barring a
person who has been convicted of an offense of abuse or neglect of an incapacitated
adult, or a felony offense of financial exploitation of an elderly person,
protected person or an incapacitated adult from taking or acquiring money,
property, or any interest therein by descent and distribution, will, or any
policy or certificate of insurance and providing exceptions 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 H. B. 2447, Renaming the Court of Claims the state
Claims Commission; on third reading, coming up in regular order, was read a
third time.
Delegate Rowe arose and inquired of the
Chair regarding the process to send the bill to the Committee on Government
Organization. The Speaker replied and informed the Gentleman that he
could make such a motion.
??????????? Delegate Rowe moved to commit the
bill to the Committee on Government Organization, which motion was rejected.
??????????? The
question being on the passage of the bill, the yeas and nays were taken (Roll No. 15), and there were--yeas 66,
nays 34, absent and not voting none, with the nays being as follows:
??????????? Nays: Baldwin, Barrett, Bates,
Boggs, Brewer, Byrd, Canestraro, Caputo, Diserio, Eldridge, E. Evans, Ferro,
Fleischauer, Fluharty, Hornbuckle, Iaquinta, Isner, Longstreth, Love, Lovejoy,
Lynch, Marcum, Miley, R. Miller, Moye, Pethtel, Pushkin, Pyles, Robinson,
Rodighiero, Rowe, Sponaugle, Thompson and Williams.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for H. B. 2447) 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. 2465, Modifying the requirements that allow
a child witness to testify by closed circuit television; 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. 16), and there were--yeas
100, nays none, absent and not voting none.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for H. B. 2465) passed.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
First Reading
??????????? The following bills on first
reading, coming up in regular order, were each read a first time and ordered to
second reading:
??????????? Com. Sub. for H. B. 2001, Relating to ethics and transparency in
government,
??????????? Com. Sub. for H. B. 2028, Relating to the venue for suits and
other actions against the state,
??????????? Com. Sub. for H. B. 2359, Relating to offenses and penalties for
practicing osteopathic medicine without a license,
??????????? And,
??????????? Com. Sub. for H. B. 2479, Uniform Deployed Parents Custody and
Visitation Act.
Miscellaneous Business
??????????? Delegate Arvon asked and obtained
unanimous consent that the remarks of Delegate Kessinger regarding human
trafficking be printed in the Appendix to the Journal.
??????????? Delegate Marcum asked and obtained unanimous
consent that the remarks of Delegate Eldridge regarding Lincoln County be
printed in the Appendix to the Journal.
Delegate Isner filed forms with the
Clerk?s Office per House Rule 94b to be added as a cosponsor of H. B. 2048, H.
B. 2050, H. B. 2057, H. B. 2149 and H. B. 2642.
Delegates Dean and Moore filed forms
with the Clerk?s Office per House Rule 94b to be added as a cosponsor of H. B.
2387.
??????????? Delegate C. Miller filed a form with
the Clerk?s Office per House Rule 94b to be added as a cosponsor of H. B. 2458.
??????????? Delegate Frich filed a form with the
Clerk?s Office per House Rule 94b to be added as a cosponsor of H. B. 2479.
??????????? Delegate R. Miller filed a form with
the Clerk?s Office per House Rule 94b to be removed as a cosponsor of H. B.
2551.
??????????? At