__________*__________
Friday, February 24, 2017
SEVENTEENTH 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 Thursday, February 23, 2017, being the first order of business, when
the further reading thereof was dispensed with and the same approved.
Committee Reports
Delegate
Hill, Chair of the Committee on Small Business, Entrepreneurship and Economic
Development, submitted the following report, which was received:
Your
Committee on Small Business, Entrepreneurship and Economic Development has had
under consideration:
H. B.
2563, Relating to complimentary samples
of nonintoxicating beer or nonintoxicating craft beer,
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. 2563) 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.
2524, Improving the focus on
school-level continuous improvement processes,
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 Finance.
??????????? In
accordance with the former direction of the Speaker, the bill (H. B. 2524) was
referred to the Committee on Finance.
Delegate
Westfall, Chair of the Committee on Banking and Insurance, submitted the
following report, which was received:
Your
Committee on Banking and Insurance has had under consideration:
H. B. 2460, Requiring insurance coverages to
ensure telehealth parity,
And
reports the same back with the recommendation that it do pass, but that it
first be referred to the Committee on Health and Human Resources.
??????????? In
accordance with the former direction of the Speaker, the bill (H. B. 2460) was
referred to the Committee on Health and Human Resources.
Delegate
Westfall, Chair of the Committee on Banking and Insurance, submitted the
following report, which was received:
Your
Committee on Banking and Insurance has had under consideration:
H. B. 2619, Risk Management and Own Risk and
Solvency Assessment Act,
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. 2619) was
referred to the Committee on the Judiciary.
Delegate
Westfall, Chair of the Committee on Banking and Insurance, submitted the
following report, which was received:
Your
Committee on Banking and Insurance has had under consideration:
H. B. 2471, Relating to insurance coverage
for breast cancer screening,
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 Finance.
??????????? In
accordance with the former direction of the Speaker, the bill (H. B. 2471) was
referred to the Committee on Finance.
Delegate
Ellington, Chair of the Committee on Health and Human Resources, submitted the
following report, which was received:
Your
Committee on Health and Human Resources has had under consideration:
H. B.
2420, Providing that the State Board of
Education may delegate its Medicaid provider status and subsequent
reimbursement to regional educational service agencies or county boards,
And
reports back a committee substitute therefor, with the same title, as follows:
Com.
Sub. for H. B. 2420 B "A Bill to amend and reenact ?18-2-5b of the
Code of West Virginia, 1931, as amended, relating to the State Board of
Education and Medicaid eligible children; and providing that the state board
may delegate its provider status and subsequent reimbursement to regional
educational service agencies or county boards subject to the county board
determining that there is a net benefit and no detraction from the educational
program of the county,"
With
the recommendation that the committee substitute do pass.
Delegate
Ellington, Chair of the Committee on Health and Human Resources, submitted the
following report, which was received:
Your
Committee on Health and Human Resources has had under consideration:
H. B.
2509, Relating to the practice of telemedicine, ??????????
And,
H. B.
2526, Classifying additional drugs to
Schedules I, II, IV and V of controlled substances,
And
reports the same back, with amendment, with the recommendation that they each
do pass, as amended, but that they first be referred to the Committee on the
Judiciary.
??????????? In accordance with the former
direction of the Speaker, the bills (H. B. 2509 and H. B. 2526) were each
referred to the Committee on the Judiciary.
Delegate
Ellington, Chair of the Committee on Health and Human Resources, submitted the
following report, which was received:
Your
Committee on Health and Human Resources has had under consideration:
H. B.
2518, Creating a legislative rule to
permit a pharmacist or pharmacy intern to administer certain immunizations,
H. B.
2519, Medicaid program compact,??????
And,
H. B.
2538, Relating to the licensure of
physician assistants,
And
reports the same back, with amendment, with the recommendation that they each
do pass, as amended, but that they first be referred to the Committee on
Government Organization.
??????????? In accordance with the former
direction of the Speaker, the bills (H. B. 2518, H. B. 2519 and H. B. 2538)
were each referred to the Committee on Government Organization.
Delegate
Ellington, Chair of the Committee on Health and Human Resources, submitted the
following report, which was received:
Your
Committee on Health and Human Resources has had under consideration:
??????????? H. B. 2628, Relating generally to the powers and duties of the Board of
Medicine and the Board of Osteopathic Medicine,
And
reports the same back with the recommendation that it do pass, but that it
first be referred to the Committee on Government Organization.
??????????? In
accordance with the former direction of the Speaker, the bill (H. B. 2628) was
referred to the Committee on Government Organization.
Delegate
Ellington, Chair of the Committee on Health and Human Resources, submitted the
following report, which was received:
Your
Committee on Health and Human Resources has had under consideration:
H. B.
2459, Relating to regulation of health
care and the certificate of need process,
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. 2459) was
referred to the Committee on the Judiciary.
Delegate
Ellington, Chair of the Committee on Health and Human Resources, submitted the
following report, which was received:
Your
Committee on Health and Human Resources has had under consideration:
S. B. 169, Repealing article providing assistance to Korea and Vietnam
veterans exposed to certain chemical defoliants,
S. B. 170, Repealing state hemophilia program,
And,
S. B.
171, Repealing Programs of
All-Inclusive Care for Elderly,
And
reports the same back with the recommendation that they each do pass, but that
they first be referred to the Committee on Finance.
??????????? In
accordance with the former direction of the Speaker, the bills (S. B. 169, S.
B. 170 and S. B. 171) were each referred to the Committee on Finance.
Delegate
Ellington, Chair of the Committee on Prevention and Treatment of Substance
Abuse, submitted the following report, which was received:
Your
Committee on Prevention and Treatment of Substance Abuse has had under
consideration:
H. B.
2620, West Virginia Drug Overdose
Monitoring Act,
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. 2620) was referred to the Committee
on the Judiciary.
Delegate
Ellington, Chair of the Committee on Prevention and Treatment of Substance
Abuse, submitted the following report, which was received:
Your
Committee on Prevention and Treatment of Substance Abuse has had under
consideration:
??????????? H. B. 2648, Increasing penalties for manufacturing or transportation of a
controlled substance in the presence of a minor,
And
reports the same back with the recommendation that it do pass, 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. 2648) was referred to the Committee
on the Judiciary.
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. 2506, Relating to the
implementation of water quality standards for the protection of drinking water,
And reports back a committee substitute
therefor, with a new title, as follows:
Com.
Sub. for H. B. 2506 ?
?A Bill to amend and reenact ?22-11-7b of the Code of West Virginia, 1931, as
amended, all relating to adoption of the Fair Standards Act, the implementation
of water quality standards for the protection of drinking water; requiring
permit limits to be calculated using the design flows recommended by the United
States Environmental Protection Agency for the protection of human health; and
allowing overlapping mixing zones for calculating permit limits for drinking
water criteria,?
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
??????????? Com. Sub. for S. B. 182 - ?A Bill to amend and reenact ?5-22-1 of the Code of West
Virginia, 1931, as amended; to amend and reenact ?21-1D-5 of said code; and to
amend and reenact ?21-11-11 of said code, all relating to the submission of
bids for government construction contracts; information and documents required
for the awarding of certain contracts; providing procedures for the required
submission of a list of subcontractors who will perform more than $25,000 of
work on certain projects; providing procedures for the required submission of a
drug-free workplace affidavit for any solicitation for a public improvement contract;
and providing procedures for the required submission of a contractor?s license
number with certain bid documents?; which was referred to the Committee on
Government Organization.
??????????? 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
??????????? Com. Sub. for S. B. 240 - ?A Bill to amend the Code of West Virginia, 1931, as
amended, by adding thereto a new section, designated ?61-8-28a, relating to creating
the offenses of nonconsensual disclosure of privately taken images of a sexual
nature causing or threatening the nonconsensual disclosure of such an image;
defining terms; setting forth elements of the crime; and providing for criminal
penalties?; which was referred to the Committee on the Judiciary.
Resolutions Introduced
??????????? Delegates Hamilton and Lynch offered
the following resolution, which was read by its title and referred to the
Committee on Rules:
H. C. R. 24 ? ?Requesting the Division of Highways
to name Bridge Number: 49-9-11.77 (49A133) (38.85693, -80.13636), locally known
as Queens Spread Box Beam Bridge, carrying County Route 9 over Right Fork of
Middle Fork River in Upshur County the ?SGT. Eugene E. Arbogast Memorial
Bridge?.?
Whereas,
Eugene E. Arbogast was born June 11, 1931, in Hemlock, West Virginia, one of
five children, including his sisters, Virginia Lee, Bonnie May, Frances Kay and
Mary Ann; and
Whereas,
Eugene answered the call to serve his country, attending basic training in Fort
Knox, Kentucky, with the U.S. Army?s 32nd Infantry Division; and
Whereas,
Eugene departed for Japan in May 1950 and for Korea later in the same year; and
Whereas,
Eugene assisted in training South Korean troops; and
Whereas,
Eugene was killed in combat in Korea on July 2, 1951; and
Whereas,
SGT. Eugene E. Arbogast?s service to his country honors his family, his
community and the entire State of West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the
Division of Highways is hereby requested to name Bridge Number: 49-9-11.77
(49A133) (38.85693, -80.13636), locally known as Queens Spread Box Beam Bridge,
carrying County Route 9 over Right Fork of Middle Fork River in Upshur County,
the ?SGT. Eugene E. Arbogast Memorial Bridge?; and, be it
Further Resolved, That the
Commissioner of the Division of Highways is hereby requested to erect signs at
both ends of the bridge containing bold and prominent letters proclaiming the
bridge the ?SGT. Eugene E. Arbogast Memorial Bridge?; and, be it
Further Resolved, That
the Clerk of the House of Delegates forward a certified copy of this resolution
to the Secretary of the Department of Transportation and to the family of SGT. Eugene
Arbogast, including Mary Tenney of Buckhannon, West Virginia and Virginia
Gilmore of Southington, Ohio.
??????????? Delegates Hicks and Thompson offered
the following resolution, which was read by its title and referred to the
Committee on Rules:
H. C. R. 25 ? ?Requesting
the Division of Highways to name bridge number 50-052-21.27 (50A001), carrying
United States Route 52 over Hurricane Creek in Wayne County, beginning at
latitude 38.192421, longitude ?82.599808 and ending at latitude 38.191797, longitude
-82.600180, the ?U.S. Army PVT Charles E. Ellis and U.S. Army PVT Ira V. Ellis
Memorial Bridge?.?
Whereas,
Charles Edward Ellis, born January 15, 1922, and Ira Virgil Ellis, born June
29, 1925, were natives of Wayne County, West Virginia, and two of the three
sons of Curtis and Esther Ellis, that fought in World War II; and
Whereas,
Charles E. Ellis and Ira V. Ellis were both killed in action while serving in
the United States Army during World War II. Charles Ellis was killed in Italy
on December 30, 1943; and Ira Ellis was killed while making the final push in
the war effort in Germany on March 23, 1945; and
Whereas,
These young men served their country and their state with honor, valor, and
courage and died to ensure a safer world for future generations; and
Whereas,
The sacrifice that the Ellis family made in honor of the United States of
America and the State of West Virginia should be commemorated in an enduring
memorial; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby
requested to name bridge number 50-052-21.27 (50A001), carrying United States
Route 52 over Hurricane Creek in Wayne County, beginning at latitude 38.192421,
longitude ?82.599808 and ending at latitude 38.191797, longitude ?82.600180,
the ?U.S. Army PVT Charles E. Ellis and U.S. Army PVT Ira V. Ellis Memorial
Bridge?; and, be it
??????????? Further Resolved,
That the Commissioner of the Division of Highways is hereby requested to erect
signs at both ends of the bridge containing bold and prominent letters
proclaiming the bridge the ?U.S. Army PVT Charles E. Ellis and U.S. Army PVT
Ira V. Ellis Memorial Bridge?; and, be it
Further Resolved, That
the Clerk of the House of Delegates forward a certified copy of this resolution
to the Secretary of the Department of Transportation.
??????????? Delegates Pyles, Caputo, Pethtel, Longstreth,
Upson, Fleischauer, Lynch, Williams, Summers, Statler and Frich offered the
following resolution, which was read by its title and referred to the Committee
on Rules:
H. C. R. 26 ? ?Urging Congress and NASA to name the
NASA IV & V Facility at Fairmont for West Virginia mathematician Katherine
Coleman Johnson.?
Whereas,
The NASA Independent Verification and Validation Facility was established at
Fairmont, West Virginia in 1993 as part of an agency-wide strategy to provide
the highest achievable levels of safety and cost effectiveness for mission
critical software; and
Whereas,
The NASA IV & V Facility was founded under the NASA Office of Safety and
Mission Assurance (OSMA) as a direct result of recommendations made by the
National Research Council (NRC) and the Report of the Presidential Commission
on the Space Shuttle Challenger Accident; and
Whereas,
NASA IV & V Facility has 270 permanent employees and high school and
college interns during the summer months and makes an important contribution to
the Fairmont, Marion County and West Virginia economies; and
Whereas,
NASA mathematician Katherine Coleman Goble Johnson was born at White Sulphur
Springs, West Virginia in 1918 and graduated from West Virginia State College
summa cum laude in 1937 and was the first African American Woman to attend the
graduate school at West Virginia University in 1938; and
Whereas,
Katherine Johnson worked as a mathematician at the Langley Flight Research
Division from 1953 to 1958 where she was an analyst for such topics as gust
alleviation for aircraft; and
Whereas,
Katherine Johnson worked as an aerospace technologist at the Spacecraft
Controls Branch from 1958 to 1986 and was involved in performing calculations
for all the important space missions during this period, including the
sub-orbital flight of Alan Shepard, the first orbital flight by John Glenn and
the 1969 Apollo 11 moon mission; and
Whereas,
Katherine Johnson is the subject of a recently released motion picture ?Hidden
Figures? that highlights her life and career; therefore, be it
Resolved by the Legislature of West Virginia:
That the
Legislature urges Congress and NASA to name the NASA IV & V Facility at
Fairmont for West Virginia mathematician Katherine Coleman Johnson; and, be it
Further Resolved, That the
Clerk of the House of Delegates forward a copy of this?? resolution to the President and Secretary of
the United States Senate, the Speaker and Clerk of the House of Representatives
and to the members of West Virginia?s congressional delegation.
??????????? Delegate Rodighiero offered the
following resolution, which was read by its title and referred to the Committee
on Roads and Transportation then Rules:
H. C. R. 27 ? ?Requesting the Division of Highways to name the bridge
on West Virginia Route 10 over Buffalo Creek in Logan County, Bridge Number
23-10-25.88 (23A041), latitude 37.89636, longitude -81.99435, locally known as
the Chief Logan Box Culvert, the ?U.S. Army 1LT Patricia Simon Bridge?.?
Whereas,
First Lieutenant Patricia Simon, known to her family and friends as Pat, served
in the United States Army Nurse Corps during World War II, in the African and
European Theatres of War; and
Whereas,
First Lieutenant Patricia Simon, a great community leader in Logan County,
passed away on January 14, 2013, at the age of ninety-five; and
Whereas,
It is fitting that an appropriate memorial recognizing First Lieutenant
Patricia Simon?s service to this country and her community be established near
Chief Logan Park, where she walked every day for years; therefore, be it
Resolved by the West Virginia Legislature:
That the
Division of Highways is hereby requested to name the bridge on West Virginia
Route 10 over Buffalo Creek in Logan County, bridge number 23-10-25.88
(23A041), latitude 37.89636, longitude -81.99435, locally known as the Chief
Logan Box Culvert, the ?U.S. Army 1LT Patricia Simon Bridge?; and, be it
Further Resolved, That
the Division of Highways is hereby requested to have made and be placed signs
identifying the bridge as the ?U.S. Army 1LT Patricia Simon Bridge?; and, be it
Further Resolved, That
the Clerk of the House of Delegates forward a certified copy of this resolution
to the Secretary of the Department of Transportation.
??????????? Delegates Pyles, Lynch, Iaquinta,
Hartman, Love, Caputo, Ferro, C. Romine, Rowe, Fleischauer and Pethtel offered
the following resolution, which was read by its title and referred to the
Committee on Senior Citizen Issues then Rules:
H.
R. 8 ? ?Asking
Congress to support legislation increasing the Social Security Cost of Living
Adjustment.?
?Whereas, Social Security payments have
failed to keep up with rising retirement costs as a result of an inaccurate
Cost of Living Adjustment (COLA); and
Whereas,
For the past several years in a row, seniors have received record-low or zero
Social Security COLAs and have been denied yet another adequate COLA for 2017;
and
Whereas,
Even before beneficiaries received a zero COLA in 2016, retirees were already
struggling to afford basic needs, including the soaring cost of Medicare
out-of-pocket expenses; and
Whereas,
More than two-thirds of beneficiaries rely on Social Security for over half of
their income and the average retiree receives benefits of only $16,000 per
year, the annual COLA is critically important to millions of Americans who need
it to maintain their standard of living and stay above the poverty line; and
Whereas,
There is legislation pending in Congress to increase benefits by $70 per month
($840 per year) and providing a fair annual COLA reflecting rising costs more
accurately; and
Whereas,
This pending legislation strengthens Social Security so it can pay benefits for
up to 45 years until the year 2062 by closing the loophole in the law that caps
contributions at the $118,500 income level; therefore, be it
Resolved by the House of Delegates:
That
Congress should take immediate action to increase the COLA for Social Security
and make appropriate changes in the Social Security Law to protect it for
future generations of wage earners; and, be it
Further Resolved, That
copies of this resolution be sent to the West Virginia Delegation in the U.S.
House of Representatives and the U.S. Senate.
Bills Introduced
On
motions for leave, bills were introduced, read by their titles, and severally
referred as follows:
By
Delegates Espinosa, Statler, Wilson, Higginbotham, Blair and Upson:
H.
B. 2689 - ?A Bill to
amend the Code of West Virginia, 1931, as amended,? by adding thereto a new article, designated ?18-31-1,
?18-31-2, ?18-31-3, ?18-31-4, ?18-31-5, ?18-31-6, ?18-31-7 and ?18-31-8, all
relating to enacting an Educational Savings Account Program; providing a short
title and definitions; qualifying for an educational savings account; amount of
the account; responsibilities of the Treasurer; eligibility requirements for
participating entities; responsibilities of resident school districts; and
legal proceedings?; to the Committee on Education then Finance.
??????????? By
Delegates Howell, Arvon, Hill, Hamrick, Queen, Criss, Ward, C. Romine,
Atkinson, Lewis and A. Evans:
H.
B. 2690 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?19-1A-6; and to amend said code by adding thereto a new
section, designated ?30-19-18, all relating generally to registration,
certification and supervision of the commercial practice of forestry;
terminating the West Virginia Board of Registration of Foresters and setting a
schedule for disposition of assets, property and records; providing for state
registration of professional foresters by the Division of Forestry; authorizing
the collection of registration fees; prohibiting the use of certain titles
relating to the practice of forestry without appropriate registration;
providing criminal penalties for violations; and authorizing the Director of
the Division of Forestry to investigate alleged violations and to seek
injunctions to prevent continued violations?; to the Committee on Government
Organization then the Judiciary.
??????????? By
Delegates Hamrick, Martin, Ward, Howell, Boggs, Arvon, Storch, Westfall, Dean,
McGeehan and Frich:
H.
B. 2691 - ?A Bill to
amend and reenact ?30-27-8 and ?30-27-10 of the Code of West Virginia, 1931, as
amended, all relating to allowing a person who is qualified by training to be a
barber and a cosmetologist to elect to practice solely as a barber and maintain
licensure through continuing education subjects related to barbering?; to the
Committee on Government Organization.
??????????? By
Delegates O?Neal, Ellington, Summers, Sobonya, Howell, Arvon, Householder,
Upson, Cowles, Rohrbach and Fast:
H.
B. 2692 - ?A Bill to
amend and reenact ?30-3-10a of the Code of West Virginia, 1931, as amended; to
amend said code by adding thereto a new section designated ?30-3E-4a of said code;
to amend and reenact ?30-4-15 of said code; to amend and reenact ?30-5-17 of
said code; to amend and reenact ?30-7-6a of said code; to amend said code by
adding thereto a new section, designated ?30-7A-6a; to amend and reenact
?30-8-16 of said code; to amend and reenact ?30-14-12b of said code; to amend
said code by adding thereto a new section designated ?30-16-7a; to amend and
reenact ?30-20-13 of said code; to amend and reenact ?30-21-17 of said code;
and to amend and reenact ?30-28-8a of said code, all relating to allowing
licensed professionals to donate time to the care of indigent and needy in a
clinical setting?; to the Committee on Health and Human Resources then the
Judiciary.
??????????? By
Delegates Hamilton, A. Evans, Paynter, Ambler, Butler, R. Romine, Lewis,
Rodighiero, Eldridge, Baldwin and Hornbuckle:
H.
B. 2693 - ?A Bill to
amend and reenact ?20-2-3 of the Code of West Virginia, 1931, as amended,
relating to state ownership of wildlife?; to the Committee on Agriculture and
Natural Resources then the Judiciary.
??????????? By
Delegates Hamrick, Gearheart, Zatezalo, Howell, Atkinson, Ward, Williams,
Statler, Moye, Sobonya and Butler:
H.
B. 2694 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?17-4-55, relating to the development and implementation of
a program to facilitate commercial sponsorship of rest areas, welcome centers
and roads; providing for sponsorship agreements; providing for agreement
requirements; providing for disposition of funds received from agreements;
providing for the promulgation of emergency or legislative rules; and providing
for a report of the status of the program?; to the Committee on Roads and
Transportation then Finance.
??????????? By
Delegates Hornbuckle, Thompson, Moye, Hamilton, Hicks, Eldridge, Rohrbach,
Ellington, C. Miller, Lovejoy and C. Romine:
H.
B. 2695 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?18A-5-9, relating to creating a pilot program for
expansion of school-based mental health and school-based diversion; defining
terms; detailing eligibility for schools to take part in the pilot program;
setting requirements for schools that participate in the pilot program;
authorizing mental health providers to provide certain services; requiring
notice to parents and students of the pilot project; authorizing parents to
opt-out in certain circumstances; requiring the collection of certain data in
relation to the pilot project; explicitly stating that the pilot project does
not require additional expenditures; authorizing rule making; and requiring
that the pilot project may not begin until the Legislature approves the
relevant rules?; to the Committee on Education.
??????????? By
Delegates Hamilton, Ambler, R. Romine, A. Evans, Eldridge, Wagner, Rowan,
Wilson and Love:
H.
B. 2696 - ?A Bill to
amend and reenact ?20-2-42a, ?20-2-42q, ?20-2-42s and ?20-2-42v of the Code of
West Virginia, 1931, as amended, all relating to crossbow hunting; clarifying
that use of crossbows with Class A hunting and trapping license during big game
seasons requires additional licenses, stamps or permits; permitting crossbow
hunting with Class RB, Class RRV or Class UU licenses; and permitting crossbow
hunting with Class BG stamp?; to the Committee on Agriculture and Natural
Resources then the Judiciary.
??????????? By
Delegate Boggs:
H.
B. 2697 - ?A Bill to
amend and reenact ?20-7-1 of the Code of West Virginia, 1931, as amended; to
amend said code by adding thereto a new article, designated ?20-14A-1,
?20-14A-2, ?20-14A-3, ?20-14A-4, ?20-14A-5, ?20-14A-6, ?20-14A-7, ?20-14A-8,
?20-14A-9, ?20-14A-10 and ?20-14A-11; and to amend and reenact ?20-15-1,
?20-15-2, ?20-15-3, ?20-15-4 and ?20-15-5 of said code, all relating to
establishing regional recreation authorities and areas; establishing trails for
off-highway recreational vehicle use; providing for reimbursement by authority
for natural resources police officers or county sheriffs; authorizing creation
of regional recreation authority as joint development entity formed by three or
more contiguous counties; setting forth findings and definitions; establishing
powers and composition of governing board; providing for financial review and
oversight of public funds; prohibiting certain conduct in regional recreation
area; establishing requirements for bidding and purchasing; prohibiting
conflicts of interest; limiting liability; clarifying duties and
responsibilities of participants to landowners and lessors in the regional
recreation area; and establishing criminal penalties and civil remedies?; to
the Committee on Political Subdivisions then Government Organization.
??????????? By
Delegate Deem:
H.
B. 2698 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated ?5-11B-1, relating to providing certain notice to civil
service exempt employees dismissed from employment due to change in
administration?; to the Committee on Government Organization then the
Judiciary.
??????????? By
Delegates Hamilton, A. Evans, Paynter, Ambler, Butler, Lynch, Iaquinta, R.
Romine, Lewis, Rodighiero and McGeehan:
H.
B. 2699 - ?A Bill to amend
and reenact ?20-2-27 of the Code of West Virginia, 1931, as amended, relating
to making information about Division of Natural Resources licensees exempt from
the provisions of the Freedom of Information Act; exceptions?; to the Committee
on Agriculture and Natural Resources then the Judiciary.
??????????? By
Delegates Eldridge, McGeehan, Folk, Fleischauer, Isner, Baldwin, Marcum,
Hornbuckle, Paynter, Iaquinta and Maynard:
H.
B. 2700 - ?A Bill to
amend and reenact ?60A-2-204 of the Code of West Virginia, 1931, as amended,
relating to specifically exempting industrial hemp from being a Schedule I
drug?; to the Committee on Health and Human Resources then the Judiciary.
??????????? By
Delegates Sobonya, C. Romine, Summers, C. Miller, Westfall, Butler, Atkinson,
Hollen, White, Ellington and Householder:
H.
B. 2701 - ?A Bill to
amend and reenact ?9-3-3 of the Code of West Virginia, 1931, as amended,
relating to prohibiting recipients of public assistance to return items for
cash that were purchased with electronic benefit transfer cards; and
establishing a penalty?; to the Committee on the Judiciary.
??????????? By
Delegates Westfall, Cooper, Ambler, Wagner, Moye, Atkinson, Marcum and
Higginbotham:
H.
B. 2702 - ?A Bill to
amend and reenact ?18-8-4 of the Code of West Virginia, 1931, as amended,
relating to truancy intervention; restricting excused absences for personal
illness, when involving ?family members? of a student, as is currently
prescribed in current code, to parents? or guardians? illnesses; providing that
the parent or guardian must provide a statement from a medical, osteopathic or
chiropractic physician, or physician?s assistant, confirming the existence of
the illness or injury that is the purported basis for a student?s excused
absence; requiring submission of documentation of absences within five days
after the occurrence; providing an application for home schooling may be denied
by the county superintendent of schools if the student for whom the request is
made has ten or more unexcused absences during the school year at the time the
application is made; and providing parents denied an application for home
schooling may reapply during the next grading period following the denial?; to
the Committee on Education.
??????????? By
Delegates Upson, Sypolt, Wilson, Householder, Lewis and Dean:
H.
B. 2703 - ?A Bill to
amend and reenact ?48-9-206 of the Code of West Virginia, 1936, as amended,
relating to court ordered allocation of custodial responsibility of children;
and providing that the court to allocate time equally between parents, unless
equal custody is not consistent with the best interest of the child?; to the
Committee on the Judiciary.
??????????? By
Delegates Espinosa, Statler, Dean, Rohrbach, Wilson, Rowan, Harshbarger, R.
Romine, Wagner, Cooper and Higginbotham:
H.
B. 2704 - ?A Bill to
amend and reenact ?61-8D-5 of the Code of West Virginia, 1931, as amended,
relating to prohibiting persons convicted of sexual offenses against children
with whom they hold positions of trust from holding certification or license
valid in public schools; prohibiting?
persons convicted of sexual offenses against children with whom they
hold positions of trust from being employed by any educational, vocational,
training, day care, group home, foster care program, or rehabilitation facility
in the state; and increasing penalties for persons who are school employees and
convicted of sexual offenses against children with whom they hold positions of
trust?; to the Committee on Education then the Judiciary.
??????????? By
Delegates Espinosa, Moye, Statler, Upson, Dean, Rohrbach, Wilson, R. Romine,
Wagner, Cooper and Higginbotham:
H.
B. 2705 - ?A Bill to
repeal ?18B-1-5a, ?18B-1-8b and ?18B-1-10 of the Code of West Virginia, 1931,
as amended; to repeal ?18B-1A-3 of said code; to repeal ?18B-1B-10 and
?18B-1B-13 of said code; to repeal ?18B-1D-1, ?18B-1D-2, ?18B-1D-3 and
?18B-1D-4 of said code; to repeal ?18B-2-5 and ?18B-2-7 of said code; to repeal
?18B-3C-3, ?18B-3C-5, ?18B-3C-7, ?18B-3C-7a, ?18B-3C-8, ?18B-3C-10 and
?18B-3C-12 of said code; to repeal ?18B-3E-1 and ?18B-3E-2 of said code; to
repeal ?18B-3F-1, ?18B-3F-2, ?18B-3F-4, ?18B-3F-5, ?18B-3F-6, ?18B-3F-7,
?18B-3F-8, ?18B-3F-9 and ?18B-3F-10 of said code; to repeal ?18B-5-2a of said
code; to repeal ?18B-7-9 and ?18B-7-16 of said code; to repeal ?18B-10-4B of
said code; to repeal ?18B-11-1, ?18B-11-2, ?18B-11-3 and ?18B-11-4 of said
code; to repeal ?18B-12A-1, ?18B-12A-2, ?18B-12A-3, ?18B-12A-4, ?18B-12A-5,
?18B-12A-6, ?18B-12A-7, ?18B-12A-8, ?18B-12A-9 and ?18B-12A-10 of said code; to
repeal ?18B-13-1, ?18B-13-3, ?18B-13-4 and ?18B-13-5 of said code; to repeal
?18B-14-1 and ?18B-14-9 of said code; to repeal ?18B-18-1, ?18B-18-2,
?18B-18-3, ?18B-18-4, ?18B-18-5, ?18B-18-6, ?18B-18-7, ?18B-18-8, ?18B-18-9 and
?18B-18-10 of said code; to repeal ?18C-2-1, ?18C-2-2, ?18C-2-3, ?18C-2-4,
?18C-2-5, ?18C-2-6, ?18C-2-7, ?18C-2-8 and ?18C-2-9 of said code, all relating
to eliminating obsolete, duplicate or unnecessary code language as it relates
to higher education; repealing sections relating to pilot program of delivering
educational services via distance learning, Marshall University Graduate
College, and Potomac Branch of West Virginia University; repealing section
relating to peer institutions; repealing sections relating to goals of
efficiency and effectiveness; findings; reports to commission and legislative
oversight commission on education accountability, and study of issues affecting
employees in public higher education; repealing sections relating to higher
education accountability; legislative intent and purpose; short title; rules
required, definitions, state vision for public higher education; findings;
establishment of objectives, and responsibilities of Higher Education
Policy? Commission and Council for
Community and Technical College Education; development of public policy
agendas; reports; institutional responsibilities; repealing sections relating
to establishment and operation of state school of osteopathic medicine;
authority and duty to purchase property; expand appropriations and conduct
programs of the West Virginia School of Osteopathic Medicine, and Authorization
to sell all or part of Potomac State College of West Virginia University parcels
of land located in New Creek and Keyser commonly known as the Potomac State
College Farm listed on the public lands inventory as 1PSC6. PSC Parcel No.6,
1PSC14. PSC Parcel No. 14 and 1PSC16. PSC Parcel No. 16; repealing sections
relating to? essential conditions for
community and technical college programs and services, appointment of community
and technical college presidents, Blue Ridge Community and Technical College,
Bridgemont Community and Technical College; Kanawha Valley Community and Technical
College; Mountwest Community and Technical College, freestanding community and
technical colleges; tuition and fees, and relationship? between independent community and technical
colleges and former sponsoring institutions; repealing article relating to
Eastern West Virginia Community and Technical College; repealing article
relating to reorganization of community and technical colleges; repealing
section relating to authorizing certain transfers within and among general and
special revenue accounts of state institutions of higher education; repealing
sections relating to higher education human resources reviews and study of
employment practices; repealing section relating to additional fee waivers for
health sciences and technology academy programs; repealing sections relating to
center for regional progress created; director powers; mission and purpose,
institute for public affairs; creation and purposes, institute for
international trade development; creation and purpose, depositories for
assistive devices and services; repealing article relating to centers for
economic development and technology advancement; repealing article relating to
higher education-industry partnerships; repealing sections relating to sections
relating to select committee on outcomes-based funding models in higher
education and legislative findings; establishment of study committee;
membership; recommendations on higher education facilities; repealing article
relating to eminent scholars endowment trust fund act; and repealing article
relating to guaranteed student loan program?; to the Committee on Education.
??????????? By
Delegates Espinosa, Statler, Upson, Dean, Rohrbach, Wilson, Rowan, Harshbarger,
R. Romine, Higginbotham and Kelly:
H.
B. 2706 - ?A Bill to
amend and reenact ?18B-17-2 and ?18B-17-3 of the Code of West Virginia, 1931,
as amended, all relating to authorizing legislative rules regarding higher
education; authorizing legislative rules for the Higher Education Policy
Commission regarding the West Virginia Higher Education Grant Program,
Providing Real Opportunities for Maximizing In-state Student Excellence
(PROMISE), Research Trust Fund Program, and Annual Reauthorization of
Degree-Granting Institutions; and authorizing legislative rules for the Council
for Community and Technical College Education regarding the Annual
Reauthorization of Degree-Granting Institutions, and Business, Occupational and
Trade Schools?; to the Committee on Education.
??????????? By
Delegates Hamilton, A. Evans, Paynter, Ambler, Butler, Lynch, Brewer, Iaquinta,
R. Romine, Lewis and Rodighiero:
H.
B. 2707 - ?A Bill to
amend and reenact ?20-2-4 and ?20-2-11 of the Code of West Virginia, as
amended, all relating to the collection, possession and sale of naturally shed
deer antlers; and clarifying the trade or barter of wildlife or parts thereof?;
to the Committee on Agriculture and Natural Resources then the Judiciary.
??????????? By
Delegates Hamilton, A. Evans, Paynter, Ambler, Butler, Brewer, Iaquinta, R.
Romine, Lewis, Rowan and Eldridge:
H.
B. 2708 - ?A Bill? to amend and reenact ?20-2-30a of the Code of
West Virginia, 1931, as amended, relating to a lawful method for a
developmentally disabled person to purchase a base hunting license when that
person attends an on-site hunter training course and successfully completes all
nonwritten aspects of the course to receive a certificate but is unable to
successfully complete the required course for the certificate of training;
providing that the developmentally disabled person possessing the base hunting
license may hunt when accompanied and directly supervised by a person over the
age of eighteen years; and providing criminal penalties for violations?; to the
Committee on Agriculture and Natural Resources then the Judiciary.
??????????? By
Delegates E. Nelson, Lane, Byrd, Walters, N. Foster, Rowe, Robinson, White,
Pushkin, Capito and Mr. Speaker (Mr. Armstead):
H.
B. 2709 - ?A Bill to
amend and reenact ?8-38-9 of the Code of West Virginia, 1931, as amended,
relating to the Legislature?s authorizing the City of South Charleston to levy
a special district excise tax for the benefit of the South Charleston Park
Place Economic Opportunity Development District?; to the Committee on Political
Subdivisions then Finance.
House Calendar
Second Reading
??????????? The following bills on second reading,
coming up in regular order, were each read a second time and ordered to
engrossment and third 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.
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. 2083, Increasing the felony criminal
penalties for exposing children to methamphetamine manufacturing,
??????????? 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,
??????????? Com.
Sub. for 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,
??????????? Com.
Sub. for H. B. 2542,
Relating to public higher education personnel,
??????????? And,
??????????? Com.
Sub. for H. B. 2585,
Creating felony crime of conducting financial transactions involving proceeds
of criminal activity.
Miscellaneous Business
Delegate Canestraro filed a form with
the Clerk?s Office per House Rule 94b to be added as a cosponsor of H. B. 2329.
Delegate Maynard filed a form with the
Clerk?s Office per House Rule 94b to be added as a cosponsor of H. B. 2420.
??????????? Delegate Frich filed a form with the
Clerk?s Office per House Rule 94b to be added as a cosponsor of H. B. 2648.
??????????? Delegate Lewis filed a form with the
Clerk?s Office per House Rule 94b to be removed as a cosponsor of H. B. 2688.
At
11:40 a.m., the House of Delegates adjourned until 11:00 a.m., Monday, February
27, 2017.