__________*__________
Monday, March 13, 2017
THIRTY-FOURTH 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 Friday, March 10, 2017, being the first order of business, when the
further reading thereof was dispensed with and the same approved.
Committee Reports
??????????? 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. 2601, Relating to municipal policemen?s or
municipal firemen?s pension and relief funds,
??????????? And reports back a committee substitute therefore, with the
same title, as follows:
??????????? Com.
Sub. for H. B. 2601 ? ?A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto two new sections, designated ?8-22-27a and
?8-22-27b, all relating to municipal policemen?s or municipal firemen?s pension
and relief funds; providing mechanism for the correction of errors; and
providing criminal penalties,?
And,
H.
B. 2603, Relating to municipal policemen?s or
firemen?s pension and relief funds that are funded at one hundred and
twenty-five percent or more,
And reports back a committee substitute
therefore, with the same title, as follows:
Com.
Sub. for H. B. 2603 ? ?A Bill to amend and reenact ?8-22-20 of
the Code of West Virginia, 1931, as amended, relating to municipal policemen?s
or firemen?s pension and relief funds that are funded at one hundred and
twenty-five percent or more; and authorizing certain costs not be paid,?
??????????? ?With the recommendation that the committee substitutes
each do pass.
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. 2763, Relating to the approval
by the Council for Community and Technical College Education of acquisitions,
And
reports the same back with the recommendation that it do pass, but that it
first be referred to the Committee on Finance.
??????????? In accordance with the former
direction of the Speaker, the bill (H. B. 2763) was referred to the Committee
on Finance.
Mr.
Speaker, Mr. Armstead, Chair of the Committee on Rules, submitted the following
report, which was received:
Your
Committee on Rules has had under consideration:
??????????? H. C. R. 5, U. S. Navy Rear Admiral
Frederick Burdett Warder Memorial Bridge,
??????????? H. C. R. 6, U.S. Army SPC
4 Thurman 'Duwayne' Young Memorial Road,
??????????? H. C. R. 13, U.S. Army SSG Brian Curtis Rogers Memorial Bridge,
??????????? H. C. R. 36, U.S. Army PFC
John Ira Pinkerman Memorial Bridge,
??????????? And,
??????????? H. C. R. 60, William ?Bill? R.
VanGilder Memorial Bridge,
And
reports the same back with the recommendation that they each be adopted.
Mr.
Speaker, Mr. Armstead, Chair of the Committee on Rules, submitted the following
report, which was received:
Your
Committee on Rules has had under consideration:
H. C.
R. 37, U.S. Army SPC 4 William L. Amos Memorial Bridge,
And
reports back a committee substitute therefor, with the same title, as follows:
Com.
Sub. for H. C. R. 37 B "Requesting the Division of Highways to name bridge number 40-60-0.03
(40A142) (38.41962, -82.05132), locally known as Culloden Railroad Overpass,
carrying US 60 over CSX Railroad in Putnam County, the ?U.S. Army SPC 4 William
L. Amos Memorial Bridge?,?
With
the recommendation that the committee substitute be adopted.
??????????? Delegate Hanshaw, Chair of the Joint
Committee on Enrolled Bills, submitted the following report, which was
received:
??????????? Your Joint Committee on Enrolled
Bills has examined, found truly enrolled and, on the 10th day of
March, 2017, presented to His Excellency, the Governor, for his action, the
following bill, signed by the President of the Senate and the Speaker of the
House of Delegates:
Com.
Sub. for H. B. 2740, Making a supplementary appropriation to the
Department of Administration.
Delegate
Howell, Chair of the Committee on Government Organization, submitted the
following report, which was received:
Your
Committee on Government Organization has had under consideration:
H. B.
2344, Transferring the assets of the Library Commission relating to media
broadcasting to the Educational Broadcasting Authority,
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. 2344) was
referred to the Committee on Finance.
Delegate
Howell, Chair of the Committee on Government Organization, submitted the
following report, which was received:
Your
Committee on Government Organization has had under consideration:
H.B.
2767, Authorizing the Secretary of State to transmit electronic versions
of undeliverable mail to the circuit clerks,
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. 2767) was
referred to the Committee on the Judiciary.
Delegate
Howell, Chair of the Committee on Government Organization, submitted the
following report, which was received:
Your
Committee on Government Organization has had under consideration:
??????????? H. B. 2427, Requiring agencies listed
in the online state phone directory to update certain employee information,
And,
H. B. 2446, Relating to the
requirement that all executive branch agencies maintain a website that contains
specific information,
And
reports the same back with the recommendation that they each do pass.
Delegate
Howell, Chair of the Committee on Government Organization, submitted the
following report, which was received:
Your
Committee on Government Organization has had under consideration:
H. B.
2792, Requiring
the Library Commission to survey the libraries of the state,
And
reports back a committee substitute therefor, with the same title, as follows:
Com.
Sub. for H. B. 2792 - ?A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section, designated
?10-1-23, relating to requiring the Library Commission to survey the libraries
of the state; requiring the Library Commission develop a status report and
ten-year plan for public libraries; requiring a report to the Governor and the
Legislature; and posting the report electronically,?
With
the recommendation that the committee substitute do pass.
Delegate
Hanshaw, Chair of the Joint Committee on Enrolled Bills, submitted the
following report, which was received:
Your
Joint Committee on Enrolled Bills has examined, found truly enrolled and, on
the 10th day of March, 2017, presented to His Excellency, the
Governor, for his action, the following bill, signed by the President of the
Senate and the Speaker of the House of Delegates:
??????????? (S.
B. 176), Repealing article concerning detection of tuberculosis, high blood
pressure and diabetes.
??????????? And,
??????????? (S. B. 188), Correcting definition of ?telehealth?
in medication-assisted treatment programs.
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. 2522, Nurse
licensure compact,
And,
H.
B. 2796, Relating to
the West Virginia National Guard entering into contract and subcontract for
specialized technical services,
And reports the same back with the
recommendation that they 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. 2373, Authorizing school bus
drivers trained in administration of epinephrine auto-injectors to administer
auto-injectors,
And reports back a committee substitute
therefor, with a new title, as follows:
Com.
Sub. for H. B. 2373 ?
?A Bill to amend and reenact ?18-5-22c of the Code of West Virginia, 1931, as
amended, relating to authorizing school transportation personnel trained in
administration of epinephrine auto-injectors and designated and authorized by
the school or county board to administer auto-injectors to a student or school
personnel experiencing an anaphylactic reaction; making school transportation
personnel immune from liability for administration of an epinephrine
auto-injector except in cases of gross negligence or willful misconduct; and
requiring the State Board of Education to promulgate rules necessary to
effectuate the provisions of this section,?
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. 2631, Relating to time
standards for disposition of complaint proceedings,
And reports back a committee substitute
therefor, with the same title, as follows:
Com.
Sub. for H. B. 2631 ?
?A Bill to amend and reenact ?30-1-5 of the Code of West Virginia, 1931, as
amended, relating to time standards for disposition of complaint proceedings
and tolling the time periods for delays attributable to the accused,?
??????????? H.
B. 2649, Adding violations of
law upon which a public servant?s retirement plan may be forfeited,
And reports back a committee substitute
therefor, with the same title, as follows:
Com.
Sub. for H. B. 2649 ?
?A Bill to amend and reenact ?5-10A-2 of the Code of West Virginia, 1931, as
amended, relating to adding violations of law upon which a public servant?s
retirement plan may be forfeited; changing the definition of less than
honorable service; removing the exception of a misdemeanor from the definition
of less than honorable service relating to impeachment and conviction of a
participant or former participant under the Constitution; removing the
exception for certain lesser included crimes to constitute less than honorable
service; and adding additional violations of law which constitute less than
honorable service,?
??????????? And,
??????????? H.
B. 2683, Relating to West
Virginia Insurance Guaranty Association Act,
And reports back a committee substitute
therefor, with the same title, as follows:
Com.
Sub. for 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,?
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:
?S. B. 330,
Relating to WV Workplace Freedom Act,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
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. 173 ? ?A
Bill to amend and reenact ?17B-1-1 of the Code of West Virginia, 1931, as
amended; to amend and reenact ?17B-2-7b of said code; to amend said code by
adding thereto a new section, designated ?17C-1-69; and to amend and reenact
?17C-15-44 of said code, all relating to certain motor vehicles, including
motorcycles, motor-driven cycles and autocycles; creating an autocycle
exemption from motorcycle examination, licensing and endorsement requirements;
allowing a person with a valid driver?s license to operate an autocycle;
creating an autocycle exemption from helmet and certain other motorcycle or
motor-driven cycle safety requirements; defining terms; eliminating requirement
that persons age eighteen and older operating or riding a motorcycle or
motor-driven cycle wear a protective helmet; prohibiting individuals under the
age of eighteen from operating or being a passenger on any motorcycle or
motor-driven cycle without a protective helmet; deleting obsolete language
regarding the motorcycle safety and education committee; and making technical
corrections?; which was referred to the Committee on Roads and Transportation
then 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. 235
- ?A Bill to amend and reenact ?17A-10-3 of the Code of West Virginia, 1931, as
amended, relating to providing that, after its initial registration, the annual
registration fees of motorcycles are owed in the same month as the original
registration?; 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. 259 - ?A Bill to amend and reenact ?44-1-1, ?44-1-6, ?44-1-7,
?44-1-8, ?44-1-14a and ?44-1-26 of the Code of West Virginia, 1931, as amended;
and to amend and reenact ?44-5-3 of said code, all relating generally to
personal representatives of estates; waiving surety requirements for
administrators of estates where grantee is sole beneficiary or sole distributee
of the decedent; requiring county commission to hold hearing if application
filed by interested party to compel nonresident executor otherwise exempt from
bond requirements to post bond; requiring county commission to hold hearing if
application filed by interested party to compel sole beneficiary to post
surety; removing authority of clerk of county commission to require bond or
surety upon knowledge; making executor or administrator not required to post
surety liable upon his or her own personal recognizance in the event of
default, failure or misadministration; requiring interested parties objecting
to the qualifications of a personal representative or venue to file notice with
the county commission sixty days after the date of first publication;
authorizing action against bond surety when execution on judgment or decree
against personal representative is returned without being satisfied; and making
technical corrections?; 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. 473 - ?A Bill to amend and reenact ?20-2-4 and ?20-2-11 of the
Code of West Virginia, 1931, as amended, all relating to wildlife; permitting
the collection, possession and sale of naturally shed deer antlers; and
clarifying the sale, trade or barter of wildlife or parts thereof?; which was
referred to the Committee on Agriculture and Natural Resources.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced
that the Senate had passed, without amendment, a bill of the House of Delegates
as follows:
??????????? Com.
Sub. for H. B. 2347, Allowing schools licensed to provide barber,
cosmetology and related training to hold theory classes and clinical classes at
different locations.
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. 350 - ?A Bill to amend and reenact ?30-31-3, ?30-31-6,
?30-31-8 and ?30-31-9 of the Code of West Virginia, 1931, as amended, all
relating to licenses and temporary permits for licensure for professional
counselors and marriage and family therapists?; 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. 423 - ?A Bill to amend the Code of West Virginia, 1931, as
amended, by adding thereto a new section, designated ?9-5-25, relating to
operation of licensed group homes; requiring the Department of Health and Human
Resources to seek a waiver from the Centers for Medicare and Medicaid Services
for existing group homes in this state; and requiring the Department of Health
and Human Resources to amend filings with the Centers for Medicare and Medicaid
Services to allow a greater number of occupants to be served in licensed group
homes?; 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
??????????? Com. Sub. for S. B. 441 - ?A Bill to amend and reenact ?8-1-5a of the Code of West
Virginia, 1931, as amended, relating to municipal home rule; establishing the
Municipal Home Rule Pilot Program as a permanent program identified as the
Municipal Home Rule Program; providing that any ordinance, act, resolution,
rule or regulation enacted pursuant to the Municipal Home Rule Pilot Program
shall continue until repealed; allowing all municipalities to participate in
the Municipal Home Rule Program; prohibiting municipalities participating in
the Municipal Home Rule Program from passing an ordinance, act, resolution,
rule or regulation that is contrary to certain laws governing the professional
licensing or certification of public employees; and eliminating the automatic
termination of the Municipal Home Rule Pilot Program on July 1, 2019?; 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. 481 - ?A Bill to amend and reenact ?8-10-2a and ?8-10-2b of
the Code of West Virginia, 1931, as amended; and to amend and reenact ?17B-3-6
of said code, all relating to eliminating the requirement that municipal courts
wait at least ninety days prior to notifying the Division of Motor Vehicles of
a person?s failure to appear or failure to pay assessed costs, fines,
forfeitures or 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. 490
? ?A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated ?31D-8-842a, relating to the standard of
liability for officers of a corporation?; 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. 491 ? ?A Bill to amend and reenact ?7-1-3ff of
the Code of West Virginia, 1931, as amended; and to amend and reenact ?30-29-1
of said code, all relating to county litter control officers who are trained
and certified as law-enforcement officers to have the same authority as other
law-enforcement officers to enforce litter laws?; 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. 492 - ?A Bill to amend and reenact ?62-15-4 of
the Code of West Virginia, 1931, as amended, relating to eliminating
requirement that every judicial circuit participate in a drug court program;
and expressing legislative intent in removing requirement to continue
legislative authorization for drug courts in circuits where judges have found
them effective?; 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. 496 - ?A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section, designated
?33-4-22, relating generally to guaranteed asset protection waivers; providing
short title, scope and legislative intent of section; defining certain terms;
specifying requirements for offering guaranteed asset protection waivers;
requiring contractual liability or other insurance policies on guaranteed asset
protection waivers in certain circumstances; providing for disclosures and
cancellation; exempting commercial transactions; providing for enforcement of
section and severability; excluding waivers from consumers sales and service
tax; specifying effective date of section; and providing for section to apply
to guaranteed asset protection waivers issued on and after specified date?;
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. 505 - ?A Bill to amend and reenact ?22-6A-14
of the Code of West Virginia, 1931, as amended, relating to providing a
five-year reclamation period following completion of the construction of a well
pad for well pads designed for multiple horizontal wells?; which was referred
to the Committee on the Judiciary.
Resolutions Introduced
??????????? Delegates Statler, Summers, Frich,
Fleischauer, Pethtel, Pyles and Williams offered the following resolution,
which was read by its title and referred to the Committee on Rules:
H. C. R. 82 ? ?Requesting
the Division of Highways to name Bridge Number 31-7-16.86 (31A009) (39.71202,
80.16171), locally known as Pentress Bridge, carrying WV 7 over Dunkard Creek
and County Route 7/13 in Monongalia county, the ?U.S. Marine Sergeant David
Paul McCord Memorial Bridge?.?
Whereas,
David Paul McCord was born on January l7, 1945, and raised in Pentress, West
Virginia. David McCord was the son of a miner and attended Clay-Battelle High
School. Sergeant McCord was an active member in band, 4-H, and Cub Scouts, and
graduated from Clay-Battelle High School in1962. He made the decision to join
the U.S. Marines a year later in 1963 to make an impact in the Vietnam Conflict.
He attended Boot Camp in Parris Island, South Carolina, leaving behind his
wife, Josephina McCord. Sergeant David P. McCord served with the Headquarters
and Service Company, Headquarters and Service Battalion, Force Logistics
Command Unit, and Third Marine Amphibious Force. These forces were significant
in the Vietnam War. His final deployment began on May 23, 1968. Sergeant David
Paul McCord was killed in a missile attack in the Quang Nam Providence on
August 28, 1968, at age 23. He was laid to rest in Rosecrans National Cemetery
? San Diego, California. During his four years of dedicated service, Sergeant
David McCord received the Vietnam Gallantry Cross Unit Citation, Vietnam Civil
Actions Citation, National Defense Service Medal (1968), Purple Heart (1968),
Vietnam Campaign Medal (1968), Vietnam Service Medal (1968), Marine Corps Good
Conduct Medal (1963) for his good behavior and faithful service during the
Vietnam War and his merit worthy actions in assisting South Vietnam during the
war; and
Whereas, Naming
this bridge in his hometown is an appropriate recognition of U.S. Marine
Sergeant David P. McCord?s ultimate sacrifice to his country, state and
community; therefore, be it
Resolved by the Legislature of West Virginia:
That the
Division of Highways is hereby requested to name Bridge Number 31-7-16.86
(31A009) (39.71202, 80.16171), locally known as Pentress Bridge, carrying WV 7
over Dunkard Creek and County Route 7/13 in Monongalia county, the ?U.S. Marine
Sergeant David Paul McCord Memorial Bridge?; and, be it
Further
Resolved, That the Division of Highways is hereby requested to have made and be
placed signs identifying the road as the ?U.S. Marine Sergeant David Paul
McCord 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 Statler and Williams
offered the following resolution, which was read by its title and referred to
the Committee on Rules:
H. C. R. 83 ? ?Requesting the Division of Highways to
name bridge number 31-7-13.09 (31A005) (39.71883,
?80.21993), locally known as West
Blacksville Bridge, carrying WV 7 over Dunkard
Creek and Railroad in Monongalia County, the ?U.S. Army SPC John R.
Tennant Memorial Bridge?.?
Whereas,
U.S. Army Specialist Fourth Class Electrician John R. Tennant was born on July
25, 1949, and raised near Daybrook. He was the son of an electrician and
graduated from Clay-Battelle High School in 1966. Army Specialist Tennant was
an active member of the choir, and an award-winning thespian; and
Whereas,
Army Specialist Tennant worked in the field of construction until joining the
United States Army in 1968, to show his dedication to his country during the
Vietnam Conflict. Tennant served with Company D, 554th Engineer
Battalion, 79th Engineer Group, 20th Engineer Brigade. He
served as an electrician and his rank was Specialist Fourth Class; and
Whereas,
Army Specialist Tennant was killed on February 26, 1969, by a massive rocket
attack that struck the Cu Chi Base Camp which was then followed by a ground
attack by sappers, also known as combat engineers. The sappers managed to
destroy nine Chinook heavy lift helicopters. However, more than twenty enemy
combatants were killed and several captured during the battle; and
Whereas,
During his short time in the military, Army Specialist Tennant was awarded the
National Defense Service Medal, the Purple Heart, the Vietnam Campaign Medal
and the Vietnam Service Medal for his dedication, hard work and commitment to
his duties in the U.S. Army; and
Whereas,
Army Specialist Tennant?s sacrifice for the nation was an important one. His
efforts in the Vietnam War showed his passion for the country and his desire to
protect communities like his own; and
Whereas,
It is fitting and proper that U.S. Army Specialist Fourth Class Electrician
John R. Tennant be honored by having this bridge named for a soldier who gave
the ultimate sacrifice; therefore, be it
Resolved by the Legislature of West Virginia:
That the
Division of Highways is hereby requested to name bridge number 31-7-13.09
(31A005) (39.71883, 80.21993), locally known as West Blacksville Bridge,
carrying WV 7 over Dunkard Creek and Railroad in Monongalia County, the ?U.S.
Army SPC John R. Tennant 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 SPC John R. Tennant 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.
Bills Introduced
??????????? On motions for leave, bills were
introduced, read by their titles, and severally referred as follows:
??????????? By
Delegates Fast, Howell, Arvon, Martin, Butler, Householder, Walters, C. Miller,
Storch, Westfall and Rowan:
H.
B. 2936 - ?A Bill to
repeal ?5A-3-10e of the Code of West Virginia, 1931, as amended; and to amend
and reenact ?5A-3-11 of said code, all relating to requiring competitive
bidding for all state purchases of commodities, printing and services of
$25,000 or less in cost; repealing the provision for master contracts and
approved vendors; requiring purchases to be made at the lowest retail cost for
the desired level of quality of the commodities, printing and services;
eliminating requirements for written bids for purchases of $2,500 or less;
requiring purchases to be made at the lowest retail price available for the
commodities, printing and services at the level of quality sought by the
spending unit?; to the Committee on Government Organization then Finance.
??????????? By
Delegates Nelson and Boggs:
H.
B. 2937 - ?A Bill to
amend and reenact ?11-4-2 of the Code of West Virginia, 1931, as amended,
relating to authorizing county assessors to make separate entries in their land
books when real property is partly used for exempt, and partly for nonexempt,
purposes?; to the Committee on Finance.
??????????? By
Delegates Folk, McGeehan, Phillips, Blair, Wilson, Hamilton, Hamrick, Hanshaw,
Overington, Paynter and Shott:
H.
B. 2938 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?7-8-11a, relating to deduction from jail sentence for
litter cleanup?; to the Committee on the Judiciary then Finance.
??????????? By
Delegate Hamilton:
H.
B. 2939 - ?A Bill to
amend and reenact ?15-2-17, ?15-2E-3 and ?15-2E-5 of the Code of West Virginia,
1931, as amended, all relating to the sale of items in the State Police Academy
post exchange to the public?; to the Committee on Government Organization then
the Judiciary.
??????????? By
Delegate Rowe:
H.
B. 2940 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?11-21-12j; and amending said code by adding thereto a new
section, designated ?11-24-23h, all relating to creating a tax credit for
improving facades in historic districts; providing that individuals and
corporations are entitled to a twenty-five percent tax credit of the
replacement cost of historic facades; and setting forth conditions?; to the
Committee on Finance.
??????????? By
Delegates Gearheart, Storch, Hamrick, Criss, Hanshaw, Westfall, Paynter,
Cooper, Moore and Ambler:
H.
B. 2941 - ?A Bill to
amend and reenact ?17-2A-7 and ?17-2A-8 of the Code of West Virginia, 1931, as
amended, all relating to the Division of Highways utilization of the Attorney
General for legal services; requiring the Commissioner of the Division of
Highways to utilize the Attorney General for all legal assistance and services;
and providing for exceptions?; to the Committee on the Judiciary.
??????????? By
Delegate Westfall:
H.
B. 2942 - ?A Bill to
amend and reenact ?33-17A-4 of the Code of West Virginia, 1931, as amended,
relating to prohibiting insurers from cancelling or failing to renew insurance
policies do to the mere filing of a claim that was later denied or making an
inquiry about whether a loss was potentially covered by a policy; and
permitting insurers to cancel or not renew policies for filing numerous
frivolous or unfounded claims?; to the Committee on Banking and Insurance then
the Judiciary.
??????????? By
Delegates Moore, Espinosa, Upson, Householder, Blair, Wilson, Zatezalo,
Walters, McGeehan and Folk:
H.
B. 2943 - ?A Bill to
amend and reenact ?29-22-9 of the Code of West Virginia, 1931, as amended,
relating to authorizing the Lottery Commission to introduce games whose winning
tickets are determined by the outcome of a licensed horse race?; to the
Committee on the Judiciary then Finance.
??????????? By
Delegates Barrett, Householder, Overington, Canestraro and Robinson:
H.
B. 2944 - ?A Bill to
amend and reenact ?51-10-1 and ?51-10-8 of the Code of West Virginia, as amended,
all relating to requiring the Insurance Commissioner to regulate professional
bondsmen?; to the Committee on Banking and Insurance then the Judiciary.
??????????? By
Delegates Folk, Wilson, Paynter, Storch, McGeehan, Kessinger, Sobonya,
Rodighiero, Marcum and Fast:
H.
B. 2945 - ?A Bill to
amend and reenact ?16-3-4 of the Code of West Virginia, 1931, as amended; to
amend said code by adding thereto a new section, designated ?18B-1-12; and to
amend and reenact ?21-1A-3 of said code, all relating to exemptions from
mandated immunizations?; to the Committee on Health and Human Resources then
the Judiciary.
??????????? By
Delegates Butler, Criss, Hollen, Paynter, Kelly, C. Miller, Wilson, Frich,
Sobonya, Cooper and Hill:
H.
B. 2946 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated ?15-14-1, ?15-14-2, ?15-14-3, ?15-14-4, ?15-14-5, ?15-14-6,
?15-14-7 and ?15-14-8, all relating to enacting the refugee absorptive capacity
act; short title; definitions; state office within the department of health and
human services which deals with refugees; moratorium applications and
cessations; fiscal impact assessment; reports required; administration and
severability?; to the Committee on the Judiciary then Finance.
??????????? By
Delegate Rodighiero:
H.
B. 2947 - ?A Bill to
amend and reenact ?31-20-27 of the Code of West Virginia, 1931, as amended,
relating to salary increase for Regional Jail Authority employees of $5,000
paid over a three-year period?; to the Committee on the Judiciary then Finance.
??????????? By
Delegates Hanshaw, Sypolt, Zatezalo, Ward, Paynter, Harshbarger, G. Foster,
Deem, Anderson, N. Foster and Fast:
H.
B. 2948 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?16-1-20; to amend and reenact ?17C-17A-7 of said code; to
amend and reenact ?19-1A-3a of said code; to amend and reenact ?19-2A-4 of said
code; to amend and reenact ?19-9A-3 of said code; to amend and reenact
?19-12D-7 of said code; to amend and reenact ?19-15-2 of said code; to amend
and reenact ?19-34-6 of said code; to amend and reenact ?19-35-3 of said code;
to amend and reenact ?20-3-5 of said code; to amend and reenact ?20-7A-5 of
said code; to amend and reenact ?21-10-7 of said code; to amend and reenact
?21-12-7 of said code; to amend and reenact ?21-15-10 of said code; to amend
and reenact ?24A-3-3 of said code; to amend and reenact ?29-3-12 of said code;
to amend and reenact ?29-29-4 of said code; and to amend and reenact ?47-1A-10
of said code, all relating to establishing timelines for taking final action on
certain permits?; to the Committee on Energy then the Judiciary.
??????????? By
Delegate Hamilton:
H.
B. 2949 - ?A Bill to
amend and reenact ?20-1-7 of the Code of West Virginia, 1931, as amended; and
to amend and reenact ?20-5-15 of said code, all relating to exempting Division
of Natural Resources? contracts for the replacement, repair or design of
repairs to revenue-producing facilities and related infrastructure where
protecting public safety or public enjoyment and use of the facilities is
required; and exempting intergovernmental cooperative agreements and
operational contracts for Prickett?s Fort from review and approval requirements
of the Division of Purchasing?; to the Committee on Agriculture and Natural
Resources then Government Organization.
??????????? By
Delegate Kessinger:
H.
B. 2950 - ?A Bill to
amend and reenact ?18-3-1 of the Code of West Virginia, 1931, as amended,
relating to requiring the State Superintendent of Schools to have a terminal
degree?; to the Committee on Education.
??????????? By
Delegates Fleischauer, Pushkin, Fluharty, Lovejoy, Hornbuckle, Longstreth,
Diserio, Rowe and Pyles:
H.
B. 2951 - ?A Bill to
amend and reenact ?16-1-6 of the Code of West Virginia, 1931, as amended; and
to amend and reenact ?22-1-3 of said code, all relating to requiring the
Commissioner of the Bureau for Public Health to conduct a public health impact
statement assessing the health impact of any new, or modification to, rule
proposed by the Secretary of the Department of Environmental Protection; and
requiring the Secretary of the Department of Environmental Protection to
incorporate findings of the impact statement into the proposed rule?; to the
Committee on Health and Human Resources then the Judiciary.
??????????? By
Delegate Rowe:
H.
B. 2952 - ?A Bill to
amend the Code of West Virginia,1931, as amended by adding thereto a new
section, designated ?11A-3-2a, relating to the right of municipalities and
counties to buy real estate for delinquent taxes?; to the Committee on
Political Subdivisions then Finance.
??????????? By
Delegates E. Evans and Bates:
H.
B. 2953 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated ?5B-1B-1, ?5B-1B-2, ?5B-1B-3 and ?5B-1B-4, all relating to
establishing the Southern West Virginia Lake Development Study Commission;
providing legislative findings; establishing the commission and designating its
membership; defining components of commission study; authorizing the commission
to create committees and utilize university and other state government
resources; providing for expense reimbursement for certain commission members;
and requiring reports to the Legislature?; to the Committee on Agriculture and
Natural Resources then Finance.
??????????? By
Delegate Wilson:
H.
B. 2954 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?60-3A-32; and to amend and reenact ?60-7-12 of said code,
all relating to cut off time for serving liquor?; to the Committee on the
Judiciary.
??????????? By
Delegates Walters, Moore, Storch, Byrd, Upson, Householder, Nelson and Ambler:
H.
B. 2955 - ?A Bill to
amend and reenact ?19-23-2 and ?19-23-3 of the Code of West Virginia, 1931, as
amended; and to amend said code by adding thereto six new sections, designated
?19-23-9a, ?19-23-9b, ?19-23-9c, ?19-23-9d, ?19-23-9e and ?19-23-9f, all
relating to advance deposit wagering; adding definitions; establishing
legislative intent; authorizing advance deposit wagering; establishing
prohibited acts; requiring contracts between advance deposit wagering provider
and racing association; requiring advance deposit wagering providers obtain
bonds; requiring advance deposit wagering providers have a plan of operation;
and establishing source market fees?; to the Committee on the Judiciary then
Finance.
??????????? By
Delegates Walters, Boggs and Rowe:
H.
B. 2956 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?62-15-9a, relating to establishing a new special revenue
fund, designated the Adult Drug Court Participation Fund, for the purpose of
collecting and remitting moneys to the State Treasury for participation in an
adult drug court program administered by the Supreme Court of Appeals?; to the
Committee on the Judiciary then Finance.
??????????? By
Delegate Walters:
H.
B. 2957 - ?A Bill to
repeal ?21-5-14, ?21-5-14a and ?21-5-15 of the Code of West Virginia, 1931, as
amended, relating to labor; employer?s bond for wages; and penalties for
violations, including civil and criminal penalties?; to the Committee on the
Judiciary then Finance.
??????????? By
Delegates Walters, Boggs and Phillips:
H.
B. 2958 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto seventeen
new sections, designated ?31-15A-1a, ?31-15A-9a, ?31-15A-10a, ?31-15A-11a,
?31-15A-11b, ?31-15A-12a, ?31-15A-13a, ?31-15A-14a, ?31-15A-15a, ?31-15A-17c,
?31-15A-18a, ?31-15A-19a, ?31-15A-20a, ?31-15A-21a, ?31-15A-22a, ?31-15A-23a
and ?31-15A-24a; to amend and reenact ?31-15A-2, ?31-15A-8, ?31-15A-10,
?31-15A-11 and ?31-15A-17 of said code; and to amend and reenact ?31-15C-4 of
said code, all relating generally to development of infrastructure in the
state; establishing purposes for amendments to develop broadband infrastructure;
providing for development of broadband middle mile infrastructure; defining new
terms; creating separate infrastructure fund for broadband middle mile
infrastructure projects; providing for deposits and expenditures; requiring
certain agencies to apply for grant funds in furtherance of broadband middle
mile infrastructure projects; setting forth additional powers and duties for
Water Development Authority and Broadband Enhancement Council; creating West
Virginia Infrastructure Fund for Broadband Middle Mile Development; providing
for disposition of funds on termination or dissolution of authority;
authorizing issuance of broadband middle mile revenue bonds; creating West
Virginia Broadband Middle Mile Infrastructure Revenue Debt Service Fund;
providing for funding of debt service fund; specifying requirements for
issuance of bonds; providing for contents of trust agreement and trustee for
bonds; specifying remedies available to bondholders, noteholders and trustees;
making broadband middle mile infrastructure revenue bonds lawful investments;
providing for purchase, cancellation and refunding of bonds; declaring bonds
are not state debts and are exempt from taxation; requiring periodic reporting;
limiting personal liability; and permitting legislative and emergency
rulemaking?; to the Committee on Government Organization then Finance.
??????????? By
Delegate Walters:
H.
B. 2959 - ?A Bill to
amend the Code of West Virginia,1931, as amended, by adding thereto a new
section, designated ?47-26-2a, relating to requiring all pawnbrokers to upload
pictures to their website of all pawned items before these items may be sold?;
to the Committee on the Judiciary.
??????????? By
Delegates Nelson and Boggs:
H.
B. 2960 - ?A Bill to
amend and reenact ?11-10-12 of the Code of West Virginia, 1931, as amended,
relating generally to tax procedures and administration; and providing
additional circumstance allowing the Tax Commissioner to withdraw tax liens?;
to the Committee on Finance.
??????????? By
Delegates Nelson and Boggs:
H.
B. 2961 - ?A Bill to
amend and reenact ?47-20-23 of the Code of West Virginia, 1931, as amended; and
to amend and reenact ?47-21-21 of said code, all relating generally to
charitable bingo games and charitable raffles; setting forth procedures for
appealing administrative sanctions against charitable bingo or charitable
raffle licensee by timely petitioning the Office of Tax Appeals?; to the
Committee on the Judiciary then Finance.
??????????? By
Delegates Nelson and Boggs:
H.
B. 2962 - ?A Bill to
amend and reenact ?11-1-1 of the Code of West Virginia, 1931, as amended,
relating to enlarging the authority of the Tax Commissioner to perform
background investigations of employees and contractors; and making technical
corrections?; to the Committee on Finance.
??????????? By
Delegates Nelson and Boggs:
H.
B. 2963 - ?A Bill to
amend and reenact ?11-11-17a of the Code of West Virginia, 1931, as amended,
relating to eliminating tax lien waiver requirement for estates of
nonresidents?; to the Committee on Finance.
??????????? By
Delegate Bates:
H.
B. 2964 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?5-1A-2a; to amend and reenact ?11-15-3a of said code; to
amend and reenact ?11-17-3 of said code; to amend said code by adding thereto a
new section, designated ?11-21-4g; and to amend and reenact ?11-24-4 of said
code, all relating to implementing the ?Budget Stabilization Act of 2017?;
placing a limited budget freeze of four years to 2015 Governor?s budget
proposal, excepting certain funding obligations; providing a temporary food
tax; providing for an increase in the tobacco tax; providing for a temporary
increase in the personal income tax rates; providing for a temporary increase
in the corporation net income tax; and providing for a removal of certain taxes
sooner upon sufficient funding to state reserve account?; ?to the Committee on Health and Human Resources
then Finance.
??????????? By
Delegate Bates:
H.
B. 2965 - ?A Bill to amend
and reenact ?15-2D-3 of the Code of West Virginia, 1931, as amended; relating
to Capitol Complex security access; permitting the issuance of electronic
keycards to certain individuals by the Director of the Division of Protective
Services; providing for the renewal thereof; setting expiration dates;
requiring the development of forms for the application for electronic keycards
by the director or his or her designee by eligible individuals; establishing
application fee; allowing certain state employees to waive certain fees;? providing for the deposit of application fees
into a special revenue account; providing that privileges attaching to keycards
are not transferable; and providing for revocation of keycards for violation of
the conditions of issuance and at the discretion of the director?; to the
Committee on the Judiciary then Finance.
??????????? By
Mr. Speaker (Mr. Armstead), and Delegates Shott, Hanshaw, Summers,
Sobonya,? Lane, N. Foster, Overington,
Fast, G. Foster and O?Neal:
H.
B. 2966 - ?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 and ?61-14-4, all relating to
creating the West Virginia Sentencing Commission; establishing composition and
membership of commission; providing legislative findings and purpose; setting
forth objectives for the commission to pursue; and providing powers and duties
of the commission?; to the Committee on the Judiciary.
??????????? By
Delegates Nelson and Boggs:
H.
B. 2967 - ?A Bill to
amend and reenact ?44-3A-3 of the Code of West Virginia, 1931, as amended,
relating generally to administration of estates and trusts; transferring to
county commissions duty to administer fiduciary supervisor/fiduciary
commissioner qualifying test and provide annual training seminar?; to the
Committee on Finance.
??????????? By
Delegates Thompson, Marcum, Rodighiero and Hicks:
H.
B. 2968 - ?A Bill to
amend and reenact ?19-1A-3 of the Code of West Virginia, 1931, as amended,
relating to requiring moneys collected from the sale of timber realized through
management of the state-owned forests and parks be distributed on a pro rata
basis to the specific forest or park that was timbered; and creating a special
fund?; to the Committee on Agriculture and Natural Resources then Finance.
??????????? By
Delegates Williams, Caputo, Ferro, Sponaugle, Fleischauer, Miley, Canestraro,
Hornbuckle, Rowe and Hamilton:
H.
B. 2969 - ?A Bill to
amend and reenact ?21-5C-2 of the Code of West Virginia, 1931, as amended,
relating to increasing the minimum wage based upon increases in the consumer
price index?; to the Committee on Industry and Labor then Finance.
??????????? By
Delegates Cowles, Westfall, Kelly, Zatezalo and Boggs:
H.
B. 2970 - ?A Bill to
repeal ?8A-12-21 of the Code of West Virginia, 1931, as amended; and to amend
and reenact ?11-22-2 of said code, all relating generally to additional county
excise taxes on the privilege of transferring real property; repealing the
additional county excise tax on the privilege of transferring real property in
county?s where the county commission has created a farmland protection program;
and, authorizing an additional county excise tax on the privilege of
transferring real property in counties where the county commission has created
either a farmland protection program or a certified development community
program?; to the Committee on Political Subdivisions then Finance.
??????????? By
Delegates Cowles, Westfall, Kelly, Zatezalo and Boggs:
H.
B. 2971 - ?A Bill to
amend and reenact ?7-12-12 of the Code of West Virginia, 1931, as amended,
relating to granting the State Auditor the authority to audit the books and
records of local economic development authorities; and permitting, in the
alternative, the authority to be audited by an independent Certified Public
Accountant with copies forwarded to the county commission and the Auditor?; to
the Committee on Political Subdivisions then Government Organization.
??????????? By
Delegate Love:
H.
B. 2972 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?47-11C-9, relating to requiring service stations that sell
motor fuel to the public have backup generators for use during emergencies?; to
the Committee on Small Business, Entrepreneurship and Economic Development then
the Judiciary.
??????????? By
Delegates Howell, Criss, Ward, C. Romine, Atkinson and Sypolt:
H.
B. 2973 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?18-2-26b; and to amend said code by adding thereto a new
section, designated ?18-11-8b, all relating to requiring the regional education
service agencies to cease offering firefighter training courses and vesting the
responsibility with the WVU Cooperative Extension Service to continue offering
the same or equivalent courses to the Committee on Education.
??????????? By
Delegates Lovejoy, Rohrbach, Hornbuckle, Canestraro, Williams, Lane,
Fleischauer and Robinson:
H.
B. 2974 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?18-2-41, relating to public school education in dating
violence, domestic abuse and sexual violence prevention?; to the Committee on
Education.
??????????? By
Delegates Caputo, Ward and Longstreth:
H.
B. 2975 - ?A Bill to
amend and reenact ?7-1-3cc of the Code of West Virginia, 1931, as amended,
relating to authorizing the change of charging 911 fees to land line telephone
bills to being charged to electric bills?; to the Committee on Political
Subdivisions then Finance.
??????????? By
Delegates Williams, Brewer, Caputo, Canestraro, R. Miller, Isner, Baldwin,
Statler and Walters:
H.
B. 2976 - ?A Bill to
amend and reenact ?46A-6L-101 of the Code of West Virginia, 1931, as amended;
to amend said code by adding thereto a new section, designated ?46A-6L-104a,
all relating to the theft of consumer identity protections; including
protection for theft of identity information of persons sixty years of age or
older or individuals under eighteen years of age; adding definitions; providing
that a report to law-enforcement agency is prima facie evidence of identity
theft; and providing both misdemeanor and felony penalties for violations?; to
the Committee on the Judiciary.
??????????? By
Delegates Williams, Barrett, Statler, Lynch, Sponaugle, Iaquinta and Hamrick:
H.
B. 2977 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?17-2A-8d, relating to requiring the Commissioner of
Highways to develop an app and a map that permits individuals to report, and
keep track of, potholes on the roads and streets of the state?; to the
Committee on Roads and Transportation then Government Organization.
??????????? By
Delegate Shott:
H.
B. 2978 - ?A Bill to
amend and reenact ?38-1-13 of the Code of West Virginia, 1931, as amended; to
amend and reenact ?44D-1-103 and ?44D-1-107 of said code; to further amend said
code by adding thereto a new section, designated ?44D-1-113; to amend and
reenact ?44D-3-303 of said code; to amend and reenact ?44D-4-403, ?44D-4-405,
?44D-4-409 and ?44D-4-414 of said code; to amend and reenact ?44D-5-503b and
?44D-5-505 of said code; to amend and reenact ?44D-6-604 of said code; and to
amend and reenact ?44D-8-813 and ?44D-8-817 of said code; all relating
generally to trusts and their administration; removing the requirement of
notice to certain trustees; modifying definitions; establishing the insurable
interest of a trustee; increasing amount of noncharitable trust property to
modify or a terminate trust without court approval; requiring qualified trustee
be independent to meet definition of ?qualified interest?; adding reference to
exception to provision allowing creditor or assignee to reach amount
distributed for grantor?s benefit; changing references from beneficiary to
interested person in limitations on actions to contest validity of revocable
trust; modify duties of trustee to inform and report to beneficiaries; and
requiring trustee to wind up administration of trust upon its termination?; to
the Committee on the Judiciary.
??????????? By
Delegates Moore, Barrett, Summers, Shott, Espinosa, Upson, C. Miller, Cowles,
Kessinger, Miley and Fleischauer:
H.
B. 2979 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated ?60-10-1, ?60-10-2, ?60-10-3 and ?60-10-4, all relating to
the creation of a resort license for the sale of alcoholic liquors and
nonintoxicating beers throughout the premises of a resort; setting forth
legislative findings and purposes; defining terms; providing for the
establishment of a resort license; and providing rulemaking authority to the
West Virginia Alcohol Beverage Control Commissioner?; to the Committee on the
Judiciary.
??????????? By
Delegates Moore, Summers, Shott, Hollen, Sobonya, Hanshaw, C. Miller,
Kessinger, N. Foster and O?Neal:
H.
B. 2980 - ?A Bill to
amend and reenact ?59-1-11 of the Code of West Virginia, 1931, as amended,
relating to civil lawsuit filing fees for multiple defendant civil action; and
requiring payment of an additional filing fee for each additional defendant
plead in a civil action?; to the Committee on the Judiciary then Finance.
??????????? By
Delegates Miley, Bates, Fluharty, Baldwin, Fleischauer, Marcum, Eldridge,
Brewer, Robinson, Love and Hartman:
H.
B. 2981 - ?A Bill to
amend and reenact ?4-2A-3 of the Code of West Virginia, 1931, as amended,
relating to limiting the number of days members of the Legislature may receive
compensation during an extended and extraordinary session if the budget bill
has not been enacted?; to the Committee on the Judiciary then Finance.
??????????? By
Delegate Upson:
H.
B. 2982 - ?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, Mega Millions and Hot Lotto ticket winners
to remain anonymous; providing procedures by which such winners can request
anonymity; and providing an exemption under the Freedom of Information Act for
Powerball, Mega Millions and Hot Lotto ticket winner information?; ?to the Committee on the Judiciary.
Special Calendar
Second Reading
??????????? Com. Sub. for H. B. 2007, Eliminating courtesy patrol programs; on
second reading, coming up in regular order, was read a second time and ordered
to engrossment and third reading.
??????????? H.
B. 2119, Repealing West
Virginia Health Benefit Exchange Act; on second reading, coming up in regular
order, was read a second time and ordered to engrossment and third reading.
??????????? H.
B. 2518, Creating a
legislative rule to permit a pharmacist or pharmacy intern to administer
certain immunizations; on second reading, coming up in regular order, was read
a second time.
??????????? Delegate Folk asked unanimous
consent that the bill be advanced to
third reading with
restricted right to amend by Delegates Folk, Ellington and Summers, which
consent was not given, objection being heard.
??????????? Delegate Folk then moved that the
bill be advanced to
third reading with
restricted right to amend by Delegates Folk, Ellington and Summers and
subsequently asked and obtained unanimous consent to withdraw his motion.
Delegate
Folk then asked unanimous consent that the bill be advanced to third reading
with restricted right to amend jointly by Delegates Folk, Ellington, Summers,
Howell and Arvon, which consent was not given, objection being heard.
Delegate
Folk subsequently moved that the bill be advanced to third reading with
restricted right to amend jointly by Delegates Folk, Ellington, Summers, Howell
and Arvon.
??????????? On this motion the yeas and nays
were taken (Roll No. 85), and there
were--yeas 92, nays 7, absent and not voting 1, with the nays and absent and
not voting being as follows:
??????????? Nays: Deem, Hollen, Overington,
Pushkin, Rohrbach, Sobonya and Zatezalo.
??????????? Absent and Not Voting: Storch.
??????????? So, two thirds of the members
present and voting having voted in the affirmative, the motion was adopted.
The bill was advanced to third reading with restricted right
to amend jointly, and the rule was suspended to permit the consideration of the
amendment on that reading.
??????????? Com.
Sub. for H. B. 2538,
Relating to the licensure of physician assistants; on second reading, coming up
in regular order, was reported by the Clerk.
At the request of Delegate Cowles, and
by unanimous consent, the bill was postponed one day.
First Reading
??????????? Com. Sub. for H. B. 2618, Relating to body mass index; on first
reading, coming up in regular order, was read a first time and ordered to
second reading.
Leaves of Absence
At
the request of Delegate Cowles, and by unanimous consent, leave of absence for
the day was granted Delegate Storch.
Miscellaneous Business
??????????? Delegate Caputo asked and obtained
unanimous consent that the remarks of Delegate Brewer during Remarks by Members
today be printed in the Appendix to the Journal.
??????????? Delegate Ward filed a form with the
Clerk?s Office per House Rule 94b to be added as a cosponsor of H. B. 2185.
??????????? Delegate Marcum filed a form with
the Clerk's Office per House Rule 94b to be added as a cosponsor of H. B. 2569.
??????????? Delegate Lovejoy filed forms with
the Clerk?s Office per House Rule 94b to be added as a cosponsor of H. B. 2845
and H. B. 2916.
??????????? Delegate Canestraro filed a form
with the Clerk?s Office per House Rule 94b to be added as a cosponsor of H. B.
2845.
??????????? Delegate Frich filed forms with the
Clerk?s Office per House Rule 94b to be added as a cosponsor of H. B. 2942 and H.
B. 2977.
??????????? Delegate Eldridge filed a form with
the Clerk?s Office per House Rule 94b to be removed as a cosponsor of H. B.
2569.
??????????? Delegate R. Miller filed forms with
the Clerk?s Office per House Rule 94b to be removed as a cosponsor of H. B.
2426, H. B. 2565, H. B. 2569, H. B. 2917 and H. B. 2920.
??????????? Delegate Thompson filed a form with
the Clerk?s Office per House Rule 94b to be removed as a cosponsor of H. B.
2917.
At
12:25 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, March
14, 2017.