__________*__________
Friday, March 10, 2017
THIRTY-FIRST 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, March 9, 2017, being the first order of business, when the
further reading thereof was dispensed with and the same approved.
Reordering of the Calendar
??????????? Delegate Cowles announced that the Committee on Rules had
moved H. B. 2500 and H. B. 2501 on First Reading, Special Calendar, to the
House Calendar.
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. 2591, Small Business Tax Credit,
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. 2591) was referred to the Committee
on Finance.
Delegate
Frich, 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. 2794, Relating to the means of
giving notice to a debt collector of a consumer?s representation by legal
counsel,
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. 2794) was referred to the Committee
on the Judiciary.
Delegate
Anderson, Chair of the Committee on Energy, submitted the following
report, which was received:
Your
Committee on Energy has had under consideration:
H. B. 2811, Relating to the
definition of above ground storage tanks,
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. 2811) was referred to the Committee
on the Judiciary.
Delegate
Summers, Vice 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.
2808, The West Virginia Assisted Outpatient Treatment 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. 2808) was referred to the Committee
on the Judiciary.
Delegate
Summers, Vice 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.
2618, Relating to body mass index,
And
reports back a committee substitute therefor, with the same title, as follows:
Com.
Sub. for H. B. 2618 - "A Bill to amend and
reenact ?18-2-7a of the Code of West Virginia, 1931, as amended, all relating
to body mass index,"
With
the recommendation that the committee substitute do pass.
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. 2868, Relating generally to
Uniform Unclaimed Property 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. 2868) was
referred to the Committee on the Judiciary.
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. 185
? ?A Bill to amend and reenact ?5A-3-45 of the Code of West Virginia, 1931, as
amended, relating to the sale or transfer of surplus property; and allowing
spending units to designate the fund into which proceeds from the sale or
transfer of surplus property shall be deposited if the fund that was used to
purchase the property no longer exists?; which was referred to the Committee on
Government Organization then Finance.
??????????? 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. 206 - ?A Bill to amend and reenact ?61-2-14a
of the Code of West Virginia, 1931, as amended, relating generally to the
criminal offense of kidnapping; making unlawful the taking, gaining custody of,
confining, concealing or restraining of another person by force or threat of
force, duress, fraud, deceit, inveiglement, misrepresentation or enticement;
and providing penalties?; 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 and requested the concurrence of the House of
Delegates in the passage, of
??????????? Com. Sub. for S. B. 220 - ?A Bill to amend the Code of West Virginia, 1931, as
amended, by adding thereto a new section, designated ?60A-4-414, relating
generally to offenses and penalties under the Uniform Controlled Substances
Act; creating the felony offense of delivering or dispensing controlled
substances or counterfeit controlled substances, the use, ingestion or
consumption of which alone or in combination with another controlled substance
or counterfeit controlled substances results in the death of another person;
creating the felony offense of delivering or dispensing controlled substances
or counterfeit controlled substances without remuneration and without an intent
to cause death or serious bodily injury the use of which alone or in
combination with another controlled substance or counterfeit controlled
substances causes death; and providing criminal penalties?; 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 and requested the concurrence of the House of
Delegates in the passage, of
??????????? S. B. 365
- ?A Bill to amend and reenact ?21A-8-16 of the Code of West Virginia, 1931, as
amended, relating to maintaining the solvency of the Unemployment Compensation
Fund; and extending the time period for borrowing funds from the Revenue
Shortfall Reserve Fund for the Unemployment Compensation Fund to September 1,
2018?; which was referred to the Committee on Finance.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced
the adoption by the Senate and requested the concurrence of the House of Delegates
in the adoption of the following concurrent resolution, which was read by its
title and referred to the Committee on the Judiciary:
S. C. R. 3 ? ?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,
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 our
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 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; 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 Clerk of the
Senate is hereby directed to forward a copy of 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.
Resolutions Introduced
Delegates Rowe, Pushkin and Robinson
offered the following resolution, which was read by its title and referred to
the Committee on Prevention and Treatment of Substance Abuse then the
Judiciary:
H. C. R. 79 ? ?Requesting the Joint Committee on Government and Finance to study the
costs and benefits of medicinal marijuana and the costs and benefits of
enforcement of criminal marijuana laws, in light of the state?s opioid
epidemic.?
Whereas,
Modern
medical research has discovered a beneficial use for medicinal marijuana in
treating and alleviating the pain and other symptoms associated with certain
debilitating medical conditions and injuries that often fail to respond to
conventional treatments; and
Whereas,
Medicinal marijuana has a beneficial use for the relief of nausea, vomiting and
other side effects of drugs increasing the chances of patients continuing on
life-saving treatment regimens; and
Whereas,
Reports
have shown the therapeutic value of medicinal marijuana in treating a wide
array of debilitating medical conditions including, but not limited to, cancer,
glaucoma, positive status for human immunodeficiency virus, acquired immune
deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis (Lou Gehrig?s
disease), Crohn?s disease, epilepsy, Alzheimer?s disease, Parkinson?s disease,
post-traumatic stress disorder, depression, anxiety, addiction to opiates or
amphetamines, chronic and debilitating diseases or medical conditions or the
treatments that produce one or more of the following: cachexia or wasting
syndrome, severe or chronic pain, severe nausea, seizures and severe and
persistent muscle spasms; and
Whereas,
The
Legislature is committed to evaluating the use of appropriate pain therapy techniques
as those develop within various regulated clinical environments and applying
those methodologies in this state to provide appropriate and cost-effective
pain therapy for the citizens of this state thus reducing the likelihood of
addiction and abuse; and
Whereas,
Over one
hundred forty-six million people in the United States reside in a state where
some form of marijuana is legalized; and
Whereas,
For many years in West Virginia, there have been more
marijuana arrests on an annual basis than arrests for all other drugs combined;
and
Whereas,
FBI statistics show that in 2012, there were about seven
thousand nine hundred drug arrests in West Virginia, including about four
thousand two hundred for marijuana, and of those about three thousand seven
hundred, were for mere possession; and, therefore, be it
Resolved by the Legislature of West Virginia:
That the
Joint Committee on Government and Finance conduct a study on the costs and
benefits of medicinal marijuana and the costs and benefits of enforcement of
the criminal marijuana laws, in light of the state?s opioid epidemic; and, be
it
Further Resolved, That the
Joint Committee on Government and Finance report to the regular session of the
Legislature, 2018, 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 Rowe, E. Evans, Moye,
White, Eldridge, Bates, Phillips, Byrd and Robinson offered the following resolution,
which was read by its title and referred to the Committee on Finance then
Rules:
H. C. R. 80 ? ?Urging the Governor and the Cabinet
of the Governor to take immediate action to pursue diversification of the
economies of West Virginia?s southern coalfield communities.?
Whereas,
Due to reliance on the continuing success of the coal industry, the economies
of West Virginia?s southern coalfield communities have suffered in recent years
with decline in coal and coal-related economic activities; and
Whereas,
Absent a significant, coordinated intervention by the state government and
federal government, West Virginia?s southern coalfield communities will
continue to endure hardships, including a lack of school and government
funding, drug addiction, poor health, lack of education and lack of job
opportunities; and
Whereas,
Urgent action is needed by both the state government and the federal government
to locate new federal facilities for technology, research and military
development in the Montgomery to Bluefield corridor in association with the
West Virginia University Institute of Technology, Concord University, Bluefield
State College, BridgeValley Community and Technical College, New River
Community and Technical College and Southern West Virginia Community and
Technical College, and to construct a modern Appalachian corridor, to fully
accommodate vehicles of all sizes, with two to four lanes, connecting that
corridor from the Beckley area to Corridor G and Logan and Mingo Counties, and
to expand U.S. Route 52 into a modern commercial and tourism highway from
Bluefield to Interstate 64 at Ceredo; and
Whereas,
Along with the aforementioned projects, state and federal regulatory policies
should be aligned with the advancement of the following goals to encourage commercial
tourism development in West Virginia?s southern coalfield communities, creating
new jobs in technology and research, promoting service industries, supporting
new community and housing development, and expanding regional access to West
Virginia?s institutions of higher learning for both in-state and out-of-state
students; therefore, be it
Resolved by the Legislature of West Virginia:
That the
Legislature urges the Governor and the Cabinet of the Governor to require all
state agencies to evaluate and report to the Governor ideas on potential
projects that could assist in diversifying West Virginia?s southern coalfield
economies; and, be it
Further Resolved, That the
Legislature urges the Governor and the Cabinet of the Governor to pursue aggressively
federal resources and projects to develop economic diversification in the
Southern West Virginia coalfields.
??????????? Delegates Rodighiero, R. Miller,
Phillips and Eldridge offered the following resolution, which was read by its
title and referred to the Committee on Roads and Transportation then Rules:
H. C. R. 81 ? ?Requesting that a one-mile section of Route
17, from mile marker 9.87 to mile marker 10.87, in Boone County, West Virginia,
the ?U.S. Army SPC Larry E. Nunnery, Sr. Memorial Highway?.?
Whereas,
Army Specialist Nunnery was born on April 29, 1942, to Samuel and Lola Nunnery;
and
Whereas,
Army Specialist Nunnery married Janice White Nunnery; and
Whereas,
Army Specialist Nunnery served in the United States Army in Korea and Germany;
and
Whereas,
Following his military service, Army Specialist Nunnery worked in the coal
mines until he became disabled and also worked with the Boone County Parks and
Recreation for ten years; and
Whereas,
Army Specialist Nunnery was a member of the International Organization of Odd
Fellows and served on the Boone County Correctional Officer Civil Service
Committee for two years; and
Whereas,
Army Specialist Nunnery was Vice Chairman of the Democratic Party in Boone
County for more than ten years and assisted numerous veterans file and receive
benefits; and
Whereas,
Army Specialist Nunnery passed away on December 31, 2000; and
Whereas,
It is fitting that an enduring memorial be established to commemorate this
native son who so ably served his state and his country; therefore, be it
Resolved
by the Legislature of West Virginia:
That the
Division of Highways is hereby requested to name a one-mile section of Route
17, from mile marker 9.87 to mile marker 10.87, in Boone County, West Virginia,
the ?U.S. Army SPC Larry E. Nunnery, Sr. Memorial Highway?; and, be it
Further
Resolved, That the Commissioner of the Division of Highways is hereby
requested to erect signs at both ends of the highway containing bold and
prominent letters proclaiming the highway the ?U.S. Army SPC Larry E. Nunnery,
Sr. Memorial Highway?; and, be it
Further
Resolved, That the Clerk of the House of Delegates forward a certified copy of
this resolution to the Commissioner of the Division of Highways.
??????????? On motion for leave, a Joint Resolution
was introduced, read by its title and referred as follows:
By Delegates Overington, Householder,
Howell, Paynter, G. Foster, Sobonya, C. Miller, Phillips, Moore, Blair and
Frich:
H.
J. R. 23 ? ?Proposing
an amendment to the Constitution of the State of West Virginia, amending
section fifty-one, article VI thereof, relating to the establishment of a
general fund expenditure limit; numbering and designating such proposed
amendment; and providing a summarized statement of the purpose of such proposed
amendment?; to the Committee on Finance then the Judiciary.
Bills Introduced
By
Delegates Ambler, Cooper, Fleischauer, Dean, Williams, Baldwin, Fluharty,
Storch, Rohrbach, Rowan and Walters:
H.
B. 2907 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated ?37-16-1, ?37-16-2, ?37-16-3, ?37-16-4, ?37-16-5, ?37-16-6
and ?37-16-7, all relating to real property option to purchase contracts
executed with lease agreements?; to the Committee on the Judiciary.
??????????? By
Delegates Folk and McGeehan:
H.
B. 2908 - ?A Bill
making appropriations of public money out of the Treasury in accordance with
section fifty-one, article VI of the Constitution?; to the Committee on
Finance.
??????????? By
Delegates Phillips, Maynard, Paynter, Walters, Howell, McGeehan, Gearheart,
Eldridge, R. Miller, Statler and Westfall:
H.
B. 2909 - ?A Bill to
amend and reenact ?22-20-1 of the Code of West Virginia, 1931, as amended,
relating to abolishing the office environmental advocate within the Department
of Environmental Protection?; to the Committee on Government Organization then
Finance.
??????????? By
Delegates Hamrick, Howell, Walters, Westfall, Dean, Storch, McGeehan and Folk:
H.
B. 2910 - ?A Bill to
amend the Code of West Virginia,1931, as amended, by adding thereto a new
article, designated ?17-7-1, ?17-7-2 and ?17-7-3, all relating to autonomous
vehicles; definition; operation; liability of manufacturers limited?; to the
Committee on Roads and Transportation then the Judiciary.
??????????? By
Delegates Barrett, Storch, Walters, Bates, Westfall, Ambler and Householder:
H.
B. 2911 - ?A Bill to
amend and reenact ?29-22B-1101 of the Code of West Virginia, 1931, as amended,
relating to increasing the number of video lottery terminals authorized for
retailers and fraternal societies or veteran?s organizations?; to the Committee
on Small Business, Entrepreneurship and Economic Development then the Judiciary
then Finance.
??????????? By
Delegates Walters, Ambler and Cooper:
H.
B. 2912 - ?A Bill to
amend and reenact ?18-2-5b, ?18-2-24, ?18-2-26 and ?18-2-26a of the Code of
West Virginia, 1931, as amended; to amend and reenact ?18-2E-5 of said code;
and to amend and reenact ?30-31-11 of said code, all relating to abolishing
regional service education agencies; transferring duties, powers and services
provided by the regional education service agencies to various government
agencies; establishing that state board rules about regional education service
agencies remain in effect until new rules promulgated; and removing references
to the regional education service agencies throughout the code?; to the
Committee on Education then Finance.
??????????? By
Delegates Espinosa, Moore, Upson, Nelson, Storch, Zatezalo, Householder,
Walters and Barrett:
H.
B. 2913 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?19-23-12e, relating to the licensing of advance deposit
wagering; providing for source market fees; providing for the distribution of
those fees from wagers made by West Virginia account holders, for distribution
of those fees from wagers made by account holders located within and outside
thirty miles of a licensed racing association and for distribution of those
fees from wagers made by account holders located within thirty miles of two or
more licensed racing associations; providing for regulatory authority in the
Racing Commission over advance deposit wagering; providing for the assessment
and imposition of regulatory fees and taxes on advance deposit wagering
licensees? wagering in West Virginia and for the distribution of the fees and
taxes; prohibiting advance deposit wagering in West Virginia unless conducted
through an advance deposit wagering licensee or as otherwise provided by law;
providing for criminal penalties for accepting or attempting to accept advance
deposit wagers without a license; providing authority for the Racing Commission
to seek civil remedies and damages; providing that all advance deposit wagers
placed by residents or nonresidents within the state are considered to be wagering
within West Virginia subject to the laws of this state and rules of the Racing
Commission; authorizing rulemaking; and defining terms?; to the Committee on
the Judiciary then Finance.
??????????? By
Delegates Walters, Maynard and Fast:
H.
B. 2914 - ?A Bill to amend
and reenact ?16-1-6 of the Code of West Virginia, 1931, as amended; and to
amend and reenact ?16-2-5 and ?16-2-11 of said code, all relating to powers and
duties of the Commissioner of Public Health; modifying administration of local
boards of health; providing for regionalization of administration and services
of local health departments; requiring local health departments to bill health
insurance plans for services that are provided; mandating development of needle
exchange programs in local health departments; and providing for rule-making
authority?; to the Committee on Political Subdivisions then Health and Human
Resources.
??????????? By
Delegates Lynch, Fast, Hollen and Pyles:
H.
B. 2915 - ?A Bill to
amend and reenact ?15-12-2 of the Code of West Virginia, 1931, as amended,
relating to requiring any person who has been convicted or adjudicated
delinquent of a qualifying offense to comply with registration requirements of
the sex offender registration act?; to the Committee on the Judiciary.
??????????? By
Delegates Pethtel and Hanshaw:
H.
B. 2916 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?7-15-19; to amend said code by adding thereto a new
section, designated ?8-15-28; and to amend said code by adding thereto a new
section, designated ?16-4C-24, all relating to authorizing certain first
responders to carry firearms; authorizing supervising entities to authorize
ambulance crew members, firefighters, rescue squad members and emergency
service personnel to carry firearms; specifying the training required for them
to be eligible to carry a firearm; and allowing reimbursement for the cost of
the training?; to the Committee on the Judiciary.
??????????? By
Delegates Marcum, Rodighiero, R. Miller, Eldridge, Phillips, Rohrbach, Sobonya,
Isner, Thompson and Hicks:
H.
B. 2917 - ?A Bill to
amend and reenact ?61-2-30 of the Code of West Virginia, 1931, as amended,
relating to changing the Unborn Victims of Violence Act to the Unborn Victims
of Abuse Act; adding that a ?person? is also exempt from a certain provision of
the act; and defining the term ?person?;? to the Committee on the Judiciary.
??????????? By
Delegates Byrd, Phillips and Hanshaw:
H.
B. 2918 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?61-2-10c, relating to creating a felony penalty of life
without mercy for the first degree murder of a law-enforcement officer?; to the
Committee on the Judiciary.
??????????? By
Delegates Ward and Martin:
H.
B. 2919 - ?A Bill to
amend and reenact ?17C-2-8 of the Code of West Virginia, 1931, as amended,
relating to parking along state highways; prohibiting local authorities from
allowing parking along U.S. and primary state highways when doing so reduces
flow of traffic to less than one lane of traffic moving in each direction;
providing exception for one-way state highways; and requiring Division of
Highways to erect appropriate signage?; to the Committee on Roads and
Transportation then the Judiciary.
??????????? By
Delegates Marcum, Hicks, Westfall, Rodighiero, R. Miller, Eldridge and
Thompson:
H.
B. 2920 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?60A-4-406a; and to amend and reenact ?60A-4-409 of said
code, all relating to the Uniform Controlled Substances Act; offenses and
penalties; providing mandatory minimum sentences for trafficking drugs into the
state and for other drug offenses; increasing period of ineligibility for
parole for certain violations of possession or distribution of controlled
substances and establishing applicable conditions; increasing period of
ineligibility for parole for transporting certain controlled substances into
the state and establishing applicable conditions; prohibiting application of
alternative sentences; and increasing the penalties for transporting controlled
substances into the state?; to the Committee on the Judiciary.
??????????? By
Delegates Rowe and Lynch:
H.
B. 2921 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?5B-1-9, relating to establishing a website clearinghouse
for sharing information about potential sources of revenue, financial,
technical and legal assistance for government agencies; requiring state
agencies to provide information based upon the experience and knowledge of the
agency; and authorizing rule-making to facilitate and clarify the process for
submitting information?; to the Committee on Government Organization.
??????????? By
Delegates Barrett, Phillips, Blair, Summers, Maynard, Overington, Paynter,
Eldridge and Householder:
H.
B. 2922 - ?A Bill to
amend and reenact ?61-7-4 and ?61-7-4a of the Code of West Virginia, 1931, as
amended, all relating to reducing the cost of the fee for a state license to
carry a concealed weapon?; to the Committee on Finance.
??????????? By
Delegates Boggs, Nelson, A. Evans, Miley, Cowles and Caputo:
H.
B. 2923 - ?A Bill to
amend and reenact ?17-4-19 of the Code of West Virginia, 1931, as amended,
relating to requiring the Commissioner of Highways to verify legal employment
status of contractors and vendor?s employees for certain road and bridge
contracts?; to the Committee on Roads and Transportation then the Judiciary.
??????????? By
Delegates Walters, Boggs, Miley, Ambler, Nelson, Blair, Hamrick, Queen, Fast,
Hill and Moore:
H.
B. 2924 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?17-4-17e, relating to installation of conduit for fiber
optic cable on state highway construction projects?; to the Committee on Roads
and Transportation then Finance.
??????????? By
Delegates Phillips, Westfall, Hollen, Walters, Hanshaw, Lane, R. Miller and
Rohrbach:
H.
B. 2925 - ?A Bill to
amend the Code of West Virginia, 1931, as amended by adding thereto a new
section, designated ?48-9-605, relating to domestic relations; and permitting a
child sixteen years of age or older to petition for a change of parental
custody?; to the Committee on the Judiciary.
??????????? By
Delegates Walters and Fast:
H.
B. 2926 - ?A Bill to
amend and reenact ?18-2E-5 of the Code of West Virginia, 1931, as amended,
relating to the comprehensive statewide student assessment; and requiring ACT
and ACT Aspire to be used as the comprehensive statewide student assessment?;
to the Committee on Education.
??????????? By
Delegates Walters, Frich and Butler:
H.
B. 2927 - ?A Bill
to? amend and reenact ?19-23-10,
?19-23-12b, ?19-23-13 and ?19-23-13c of the Code of West Virginia, 1931, as
amended; to amend said code by adding thereto a new section, designated
?19-23-10a; to amend and reenact ?29-22-18a of said code; to amend and reenact
?29-22A-7, ?29-22A-10, ?29-22A-10b, ?29-22A-10d and ?29-22A-10e of said
code;? and to amend and reenact
?29-22C-8, ?29-22C-27 and ?29-22C-27a of said code, all relating to transferring
certain revenues derived from racetrack video lottery and racetrack table games
from the special fund established for greyhound racetrack licensees to the
State Excess Lottery Revenue Fund; defunding the West Virginia Greyhound
Breeding Development Fund and transferring money dedicated to the Greyhound
Breeding Development Fund to the State Excess Lottery Revenue Fund for
appropriation by the Legislature; and eliminating the requirement that video
lottery licensee must hold a racing license to renew video lottery license or
racetrack table games license?; to the Committee on Finance.
??????????? By
Delegates Walters, Boggs, Wilson, Fast and Maynard:
H.
B. 2928 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated ?18C-8-1, relating to creating a low-interest student loan
refinancing program for teachers; creating a special fund; establishing
allocations to the fund; making legislative findings; establishing eligibility
requirements; establishing refinancing rate; and providing for rulemaking?; to
the Committee on Education then Finance.
??????????? By
Delegates Zatezalo, Storch and McGeehan:
H.
B. 2929 - ?A Bill to
amend and reenact ?11-21-12d of the Code of West Virginia, 1931, as amended,
relating to allowing an adjustment to gross income for calculating the personal
income tax liability of certain retirees receiving pensions from
defined-benefit pension plans that have been terminated with a consequent
reduced benefit and extending the effective period of the allowed adjustment?;
to the Committee on Finance.
??????????? By
Delegates Shott and Lane:
H.
B. 2930 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?29-22-15a; and to amend and reenact ?29B-1-4 of said code,
all relating to allowing powerball winners to remain anonymous; and providing
for an exemption under the Freedom of Information Act for powerball winner
information?; to the Committee on the Judiciary.
??????????? By
Delegates Walters and Deem:
H.
B. 2931 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?22-6-33a, relating to authorizing shut-in of oil and gas
wells in West Virginia; providing for payment of shut-in royalty or shut-in
payments; and providing for deferment of certain charges or fees in certain
circumstances?; to the Committee on Energy then the Judiciary.
??????????? By
Delegates Walters and Frich:
H.
B. 2932 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?20-12-9, relating to providing owner of conservation
easement be given the right of first refusal to purchase the land upon which it
enjoys a conservation easement when a landowner intends to sell land upon which
the easement exists?; to the Committee on the Judiciary.
??????????? By
Delegates Moore, Ambler, G. Foster, C. Miller, Arvon, Maynard and Shott:
H.
B. 2933 - ?A Bill to
repeal ?11-15-9k of the Code of West Virginia, 1931, as amended; to amend and
reenact ?11-15-2, ?11-15-3, ?11-15-3c, ?11-15-8, ?11-15-8a, ?11-15-9 and
?11-15-9i of said code; to amend said code by adding thereto a new section,
designated ?11-15-3d; and to amend and reenact ?11-15A-2 and ?11-15A-3 of said
code, all relating to the consumers sales and service taxes and use taxes
generally; reducing the general rate of taxation; providing for further
reductions to the general rate of taxation in certain circumstances;
eliminating exemption for the rental of passenger vehicles by daily rental
vehicle business; imposing tax on sales of telecommunications services and
ancillary services; eliminating exemption for sales of personal services;
eliminating exemption for sales of professional services; eliminating exemption
for sales of contracting services; clarifying that sales of hookup, connection
and installation services incidental to the sale of tangible property are not
exempt from tax; removing outdated language from the code regarding an obsolete
exemption related to contracting services; eliminating reduced rate of taxation
for sales of mobile homes and imposing tax on such sales at the general rate;
providing an exemption for sales of tangible property or services directly used
or consumed by contractor providing contracting services; eliminating exemption
for sales of services by day care centers; eliminating exemption for sales of
electronic data processing services and related software when purchased by an
ultimate consumer; eliminating exemption for tuition to attend educational
summer camps; eliminating exemption for sales of services for opening or
closing a burial lot; eliminating exemption for sales of membership or services
provided by health and fitness organizations and related programs; eliminating
exemption for sales of primary opinion research when purchased by an ultimate
consumer; eliminating exemption for sales of instructional services by a music
teacher and certain artistic services; eliminating exemption for sales of
services providing evaluations for compliance with certain environmental laws
when purchased by an ultimate consumer; and deleting outdated language in the
code relating to an obsolete annual sales tax holiday for energy efficient
products?; to the Committee on Finance.
??????????? By
Delegates Nelson and Householder:
H.
B. 2934 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?11-21-4g, relating to eliminating the tax brackets under
the personal income tax and changing the rate of the tax?; to the Committee on
Finance.
??????????? By
Mr. Speaker (Mr. Armstead), and Delegates Hanshaw, Ambler, Hill, Boggs and
Baldwin:
H.
B. 2935 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated ?29-30-1, ?29-30-2, ?29-30-3 and ?29-30-4, all relating to
state flood protection planning; providing legislative findings; defining terms;
establishing the state Flood Protection Planning Council and authorizing
certain duties; and establishing a Joint Legislative Committee on Flooding?; to
the Committee on Government Organization.
Special Calendar
Third Reading
??????????? Com. Sub. for H. B. 2526, Classifying additional drugs to
Schedules I, II, IV and V of controlled substances; 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. 77), 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: Anderson and
Ellington.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for H. B. 2526) 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. 2554,
West Virginia Contractor Licensing 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. 78), and there were--yeas 72,
nays 26, absent and not voting 2, with the nays and absent and not voting being
as follows:
??????????? Nays: Baldwin, Boggs, Brewer, Byrd,
Canestraro, Caputo, Diserio, Eldridge, Ferro, Fleischauer, Fluharty, Hamilton,
Hornbuckle, Isner, Lovejoy, Lynch, Marcum, Miley, R. Miller, Pethtel, Pushkin,
Robinson, Rowe, Sobonya, Sponaugle and Williams.
??????????? Absent and Not Voting: Anderson and
Ellington.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for H. B. 2554) passed.
??????????? Delegate
Cowles moved that the bill take effect July 1, 2017.
??????????? On this question, the yeas and nays
were taken (Roll No. 79), and there
were--yeas 83, nays 15, absent and not voting 2, with the nays and absent and
not voting being as follows:
??????????? Nays: Boggs, Byrd, Caputo, Diserio,
Eldridge, Fleischauer, Fluharty, Isner, Longstreth, Lynch, Miley, Pushkin,
Robinson, Sponaugle and Williams.
??????????? Absent and Not Voting: Anderson and
Ellington.
??????????? 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. 2554) takes effect July 1, 2017.
??????????? 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. 2571,
Developing a resource for use by parents to monitor and track deaf and
hard-of-hearing children?s expressive and receptive language acquisition; 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. 80), 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: Anderson and
Ellington.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for H. B. 2571) passed.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
??????????? H.
B. 2675, Relating to
primary elections and nominating procedures; 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. 81), 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: Anderson and
Ellington.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (H. B. 2675) passed.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
??????????? H.
B. 2706, Authorizing
legislative rules regarding higher education; 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. 82), and there were--yeas 96,
nays 2, absent and not voting 2, with the nays and absent and not voting being
as follows:
??????????? Nays: Butler and Folk.
??????????? Absent and Not Voting: Anderson and
Ellington.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (H. B. 2706) 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. 2726,
Authorizing home incarceration officers to arrest participants for violating
the terms and conditions of his or her supervision with or without a court
order; 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. 83), and there were--yeas 96,
nays 2, absent and not voting 2, with the nays and absent and not voting being
as follows:
??????????? Nays: Folk and McGeehan.
??????????? Absent and Not Voting: Anderson and
Ellington.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for H. B. 2726) 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. 2731,
Clarifying civil actions heard in circuit court; 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. 84), and there were--yeas 97,
nays 1, absent and not voting 2, with the nays and absent and not voting being
as follows:
??????????? Nays: Rowe.
??????????? Absent and Not Voting: Anderson and
Ellington.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for H. B. 2731) 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. 2007, Eliminating courtesy patrol programs,
??????????? H.
B. 2119, Repealing West
Virginia Health Benefit Exchange Act,
??????????? H.
B. 2518, Creating a
legislative rule to permit a pharmacist or pharmacy intern to administer
certain immunizations,
And,
??????????? Com.
Sub. for H. B. 2538,
Relating to the licensure of physician assistants.
Leaves of Absence
At
the request of Delegate Cowles, and by unanimous consent, leaves of absence for
the day were granted Delegates Anderson and Ellington.
Miscellaneous Business
Delegate Eldridge asked and obtained
unanimous consent that the remarks of Delegate R. Miller during Remarks by
Members today be printed in the Appendix to the Journal.
Delegate McGeehan asked and obtained
unanimous consent that the remarks of Delegate Folk during Remarks by Members
today be printed in the Appendix to the Journal.
Delegate Frich filed a form with the
Clerk?s Office per House Rule 94b to be added as a cosponsor of H. B. 2734.
??????????? Delegate Lovejoy filed a form with
the Clerk?s Office per House Rule 94b to be added as a cosponsor of H. B. 2821.
Delegate Moore filed a form with the
Clerk?s Office per House Rule 94b to be added as a cosponsor of H. B. 2934.
Delegate Longstreth filed a form with
the Clerk?s Office per House Rule 94b to be removed as a cosponsor of H. B.
2729.
Delegate Frich filed a form with the
Clerk?s Office per House Rule 94b to be removed as a cosponsor of H. B. 2876.
Delegate Robinson filed a form with the
Clerk?s Office per House Rule 94b to be removed as a cosponsor of H. B. 2842.
??????????? Mr. Speaker (Mr. Armstead), and
Delegates Ambler, Arvon, Atkinson, Baldwin, Barrett, Blair, Boggs, Brewer,
Butler, Byrd, Canestraro, Cooper, Criss, Dean, Deem, Diserio, Eldridge,
Espinosa, A. Evans, E. Evans, Ferro, Folk, G. Foster, Gearheart, Hamilton,
Hamrick, Hartman, Higginbotham, Hill, Hornbuckle, Howell, Iaquinta, Isner,
Kelly, Lane, Lewis, Love, Lovejoy, Martin, Maynard, McGeehan, Miley, C. Miller,
R. Miller, Moore, Moye, O?Neal, Overington, Paynter, Pushkin, Queen,
Rodighiero, Rohrbach, C. Romine, R. Romine, Rowan, Rowe, Shott, Sponaugle,
Storch, Sypolt, Thompson, Wagner, Ward, Westfall and White filed a form with
the Clerk?s Office per House Rule 94b to be added as cosponsors of H. C. R. 26.
Delegate Hill filed a form with the Clerk?s
Office per House Rule 94b to be added as a cosponsor of H. C. R. 70.
Delegate Eldridge filed a form with the
Clerk?s Office per House Rule 94b to be added as a cosponsor of H. R. 8.
??????????? Delegate Longstreth filed a form
with the Clerk?s Office per House Rule 94b to be added as a cosponsor of H. R.
8.
??????????? At 12:17 p.m., the House of
Delegates adjourned until 11:00 a.m., Monday, March 13, 2017.