__________*__________
Tuesday, March 14, 2017
THIRTY-FIFTH 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 Monday, March 13, 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 transferred Com. Sub. for H. B. 2538, on Second Reading, Special Calendar, to the House Calendar.
Committee Reports
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. 2833, Specifying the contents and categories of information for inclusion in annual reports,
And reports the same back with the recommendation that it 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. 2839, Updating the procedures for legislative review of departments and licensing boards,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2839 - “A Bill to amend and reenact §4-10-3, §4-10-6, §4-10-7, §4-10-8, §4-10-10 and §4-10-14 of the Code of West Virginia, 1931, as amended, all relating generally to updating the procedures for legislative review of departments and licensing boards; amending definitions; defining the timing and scope of department presentations; eliminating analysis of websites as a review component; updating regular schedules for agency and regulatory board reviews; and authorizing reviews and reorganizations outside of the regular review schedules,”
And,
H. B. 2852, Relating to the preparation of a comprehensive annual financial report,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2852 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-1-21, relating to authorizing a person to practice professions and occupations for a charitable function; provides qualifications for volunteers; provides volunteers may be compensated; limits volunteer authorization to twenty-one days; requires information be provided to the applicable board; requires record keeping of volunteer authorizations; and provides boards may not charge a fee for charitable practice,”
With the recommendation that the committee substitutes 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. 2841, Requiring board members to have attended a board meeting in order to be compensated for the meeting,
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. 2841) was referred to the Committee on Finance.
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. 2546, Allowing replacement costs of employer provided property to be deducted from an employee’s final paycheck if the property is not returned,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2546 – “A Bill to amend and reenact §21-5-1 and §21-5-4 of the Code of West Virginia, 1931, as amended, relating to allowing replacement costs of employer provided property to be deducted from an employee’s final paycheck if the property is not returned; defining terms; setting forth conditions upon which an employer may withhold, deduct or divert replacement costs for employer provided property that has been timely returned; and authorizing withholding, deduction or diversion with consent of employee,”
And,
H. B. 2676, Transferring the Security office under the Division of Culture and History to the Division of Protective Services,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2676 – “A Bill to amend and reenact §15-2D-3 of the Code of West Virginia, 1931, as amended, relating to transfer of the Director of Security and security officers who are employed by the Division of Culture and History to the Division of Protective Services,”
With the recommendation that the committee substitutes each do pass.
Delegate Shott, Chair of the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2811, Relating to the definition of above ground storage tanks,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2811 – “A Bill to amend and reenact §22-30-3 of the Code of West Virginia, 1931, as amended, relating to the definition of above ground storage tanks to clarify and amend categories of exempt devices,”
With the recommendation that the committee substitute do pass.
Delegate Nelson, Chair of the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 2766, Establishing a new special revenue fund, designated the Adult Drug Court Participation Fund,
And reports the same back, with the recommendation that it do pass.
Delegate Nelson, Chair of the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 2555, Relating to tax credits for apprenticeship training in construction trades,
And reports back a committee substitute therefore, with a new title, as follows:
Com. Sub. for H. B. 2555 – “A Bill to amend and reenact §11-13W-1 of the Code of West Virginia, 1931, as amended, relating to tax credits for apprenticeship training in construction trades; removing requirement that eligibility is limited to programs jointly administered by labor and management trustees; conforming provisions to current law,”
H. B. 2586, Relating to required minimum distribution of retirement benefits of plans administered by the Consolidated Public Retirement Board,
And reports back a committee substitute therefore, with a new title, as follows:
Com. Sub. for H. B. 2586 – “A Bill to amend and reenact §5-10-27b of the Code of West Virginia, 1931, as amended; to amend and reenact §7-14D-9b of said code; to amend and reenact §8-22A-11 of said code; to amend and reenact §15-2-45 of said code; to amend and reenact §15-2A-6b of said code; to amend and reenact §16-5V-13 of said code; to amend and reenact §18-7A-28b of said code; to amend and reenact §18-7B-12a of said code; and to amend and reenact §51-9-12b of said code, all relating to required minimum distribution of retirement benefits of plans administered by the Consolidated Public Retirement Board; providing for treatment of benefits in the event of a members death; and bringing code into conformity with federal law,”
H. B. 2694, Relating to the development and implementation of a program to facilitate commercial sponsorship of rest areas,
And reports back a committee substitute therefore, with the same title, as follows:
Com. Sub. for H. B. 2694 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-4-55, relating to the development and implementation of a program to facilitate commercial sponsorship of rest areas, welcome centers and roads; providing for sponsorship agreements; providing for agreement requirements; providing for disposition of funds received from agreements; providing for the promulgation of emergency or legislative rules; and providing for a report of the status of the program,”
And,
H. B. 2739, Relating to supplemental Medicaid provider reimbursement,
And reports back a committee substitute therefore, with a new title as follows:
Com. Sub. for H. B. 2739 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated, §9-5-25, relating to supplemental Medicaid reimbursements for ground emergency medical transportation services providers,”
With the recommendation that the committee substitutes each do pass.
Delegate Shott, Chair of the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2868, Relating generally to Uniform Unclaimed Property Act,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2868 – “A Bill to amend and reenact §36-8-2 of the Code of West Virginia, 1931, as amended, relating generally to Uniform Unclaimed Property Act; and clarifying that presumed abandoned property in the form of amounts owed by an insurer on a life or endowment insurance policy or an annuity that has matured or terminated, and obligations related thereto, are guided by policies, requirements and interpretations of the Insurance Commissioner,”
With the recommendation that the committee substitute do pass.
Messages from the Executive
Mr. Speaker, Mr. Armstead, presented a communication from His Excellency, the Governor, advising that on March 13, 2017, he approved Com. Sub. for H. B. 2740, S. B. 176 and S. B. 188.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2017, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 212 - “A Bill to amend and reenact §17C-5-2, §17C-5-2b, §17C-5-4, §17C-5-7 and §17C-5-12 of the Code of West Virginia, 1931, as amended; to amend and reenact §17C-5A-1, §17C-5A-1a and §17C-5A-3 of said code; to amend said code by adding thereto two new sections, designated §17C-5A-1b and §17C-5A-1c; to amend said code by adding thereto a new section, designated §17C-5C-6; and to amend and reenact §17C-19-3 of said code, all relating generally to the procedures for drivers’ license suspensions and revocations for driving under the influence of alcohol, controlled substances or drugs; transferring authority for hearing matters related to suspensions or revocations of drivers’ license for operating a motor vehicle while under the influence of alcohol, controlled substances or drugs from the Office of Administrative Hearings to courts; establishing mandatory revocation periods for individuals convicted of driving under the influence; authorizing alternate revocation period involving participation in Motor Vehicle Alcohol Test and Lock Program for certain first offenses; establishing mandatory revocation periods for individuals upon subsequent convictions for driving under the influence; directing Commissioner of Division of Motor Vehicles to revoke driver’s license upon conviction for driving under the influence; requiring individuals whose driver’s licenses have been revoked upon conviction for driving under the influence to complete comprehensive safety and treatment program before driver’s license can be reinstated; prohibiting persons convicted of certain felonies from participating in Motor Vehicle Alcohol Test and Lock Program; permitting persons convicted of certain misdemeanors to participate in Motor Vehicle Alcohol Test and Lock Program; requiring driver consent to requiring participation in Motor Vehicle Alcohol Test and Lock Program; requiring any period of revocation imposed pursuant to a conviction begin once any period of incarceration has been served; making individuals who are found guilty of driving under the influence ineligible for deferral of further proceedings upon condition of participation in Motor Vehicle Alcohol Test and Lock Program; requiring deferral program to be completed within one year; prohibiting secondary test of blood without issuance of warrant signed by a magistrate or circuit judge; authorizing secondary test of blood with written consent; requiring that individual arrested for driving under the influence be advised verbally of certain consequences for refusal to submit to secondary chemical test; requiring that individual arrested for driving under the influence be given written statement informing the individual of legal consequences of taking or refusing to submit to secondary chemical test and informing the individual of right to receive secondary blood test; requiring arresting officer to wait fifteen minutes before refusal considered final; requiring that, following an individual’s refusal to submit to secondary chemical test, an arresting officer execute a signed statement that the officer administered all required warnings; directing officer to submit copy of written statement to Commissioner of Division of Motor Vehicles and court having jurisdiction over charges filed against the individual; eliminating all statutory provisions authorizing or requiring the Commissioner of the Division of Motor Vehicles to take administrative action upon an individual’s driver’s license on the basis of a driving under the influence arrest absent direction from court; directing Bureau for Public Health to prepare report for Joint Committee on Government and Finance related to minimum levels of drugs and controlled substances to be admitted as prima facie evidence of driving under the influence and minimum levels that laboratories can reliably identify and measure in blood; limiting administrative jurisdiction of Division of Motor Vehicles and Office of Administrative Hearings to offenses occurring on or before June 30, 2017; providing that administrative hearings relating to refusal to undergo a secondary chemical test does not apply to offenses occurring on or after July 1, 2017; eliminating requirement for an order entered by the Division of Motor Vehicles revoking a driver’s license to advise of procedures for requesting administrative hearing when the offense is driving under the influence; limiting the right of individuals to challenge suspension or revocation of driver’s licenses to the issue of mistaken identity; requiring the commissioner to take corrective action if a driver’s license is incorrectly suspended or revoked based on mistaken identity; providing that plea of no contest constitutes a conviction; requiring pretrial suspension of driver’s license if individual refuses to submit to secondary chemical test; permitting pretrial suspension of driver’s license by court under certain circumstances; establishing right to request and receive hearing of suspension orders pending criminal proceedings in court where case is pending; setting time limits for defendant to request hearing and for hearing to be held; requiring the clerk of a court to transmit a copy of an order suspending or revoking a driver’s license and any surrendered license to the Division of Motor Vehicles; providing terms and length of pretrial license suspension; giving persons convicted of driving under the influence credit for pretrial suspension time against period of revocation imposed; authorizing court to modify pretrial suspension of driver’s license; providing that any period of modified pretrial driver’s license suspension is not credited against future period of revocation imposed; establishing the scope of review for judicial review of pretrial driver’s license suspension for refusal to submit to secondary chemical test; directing clerk of court to forward orders on refusal hearings to Division of Motor Vehicles; providing that finding of driver refusal is final if no hearing requested; prescribing periods of revocation for Commissioner of Division of Motor Vehicles to impose upon receipt of court order on refusal; directing copy of revocation order to be sent to person by certified mail; specifying contents of order; providing that revocation for refusal run concurrently with other revocation imposed as a result of same incident that led to refusal; making persons convicted of driving under the influence eligible for participation in comprehensive safety and treatment program and related reductions in length of revocation for successful completion thereof; establishing procedures and timeline for the Office of Administrative Hearings to transfer jurisdiction of certain driver’s license suspension and revocation matters to the courts; establishing timeline for OAH to transfer jurisdiction of certain driver’s license suspension and revocation matters to Division of Motor Vehicles; directing arresting officer to request, and driver to surrender, driver’s license upon arrest for driving under the influence; eliminating obsolete language; 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, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 299 - “A Bill supplementing, amending, decreasing and increasing items of the existing appropriations from the State Road Fund to the Department of Transportation, Division of Highways, fund 9017, fiscal year 2017, organization 0803, for the fiscal year ending June 30, 2017”; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 300 - “A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2017, to the Department of Administration, Division of Personnel, fund 2440, fiscal year 2017, organization 0222, by supplementing and amending the appropriations for the fiscal year ending June 30, 2017”; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 301 - “A Bill making a supplementary appropriation of federal funds out of the Treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending June 30, 2017, to the Department of Education, State Board of Education – School Lunch Program, fund 8713, fiscal year 2017, organization 0402, by supplementing and amending the appropriation for the fiscal year ending June 30, 2017.”
At the respective requests of Delegate Cowles, and by unanimous consent, reference of the bill (Com. Sub. for S. B. 301) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 305 - “A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2017, to the Department of Military Affairs and Public Safety, Fire Commission – Fire Marshal Fees, fund 6152, fiscal year 2017, organization 0619, by supplementing and amending the appropriations for the fiscal year ending June 30, 2017”; which was referred to the Committee on 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. 344 - “A Bill to amend and reenact §46A-2-115 of the Code of West Virginia, 1931, as amended; and to amend and reenact §46A-3-111, §46A-3-112 and §46A-3-113 of said code, all relating to application of payments and partial payments on a consumer credit sale and consumer loans; and assessing delinquency charges on such loans; which was referred to the Committee on the Judiciary.”
Resolutions Introduced
Delegates Hamrick, Queen and Howell offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:
H. C. R. 84 – “Requesting the Division of Highways to name Bridge Number 17-9-5.09 (17A350) (39.3443, -80.4013) locally known as Gregory Run Bridge carrying County Route 9 over Ten Mile Creek, in Harrison County, the ‘U.S. Army Air Force S/SGT Harold “Dean” Baker Memorial Bridge’.”
Whereas, Harold “Dean” Baker was born on October 13, 1923, in Salem, West Virginia, the son of William Henry Baker and Mae Davis Baker. He enlisted in the U. S. Army Air Force on December 8, 1942, and received an honorable discharge on October 31, 1945. During his service he was a Staff Sergeant with the 15th Air Force of the 737th Bomb Squadron, 454th Bomb Group as an Aerial Gunner and Radio Operator. On April 21, 1944, while on a mission to bomb oil fields in Romania, the B-24 Bomber he was on developed engine problems and crash landed in Yugoslavia on its return. He was taken prisoner and was in Stalag Luft 3 in Poland and later taken to Nuremberg, Germany. He was liberated on April 25, 1945; and
Whereas, Harold “Dean” Baker married Georgia L. Elbon in 1946 and lived in Reynoldsville until his death in September, 2000. He retired as a self-employed carpenter at the age of 42, due to disabling arthritis, and other health problems. He was a member of the Veterans of Foreign Wars Post No. 573, Disabled American Veterans Chapter 1, Barb-Wire Mountaineers, West Virginia ex-prisoners of war, and the Reynoldsville Baptist Church. He was survived by sons Kevin Baker and wife, Terri Baker, Sardis, West Virginia, Gary Baker and wife, Cheryl Baker, Reynoldsville, West Virginia, daughters Cathy Wells and husband, William Wells, Salem, West Virginia and a now deceased daughter Vicki Baker Bowers, eight grandchildren, four great-grandchildren and two great-great grandchildren; and
Whereas, Naming the Bridge Number 17-9-5.09 (17A350) (39.3443, -80.4013) locally known as Gregory Run Bridge carrying County Route 9 over Ten Mile Creek, in Harrison County, the “U.S. Army Air Force S/SGT Harold ‘Dean’ Baker Memorial Bridge” is an appropriate recognition of his contributions to his country, state, community and Harrison County; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the Bridge Number 17-9-5.09 (17A350) (39.3443, -80.4013) locally known as Gregory Run Bridge carrying County Route 9 over Ten Mile Creek, in Harrison County, the “U.S. Army Air Force S/SGT Harold ‘Dean’ Baker Memorial Bridge”; and, be it
Further Resolved, That the Commissioner of the Division of Highways is requested to have made and be placed signs identifying the bridge as the “U.S. Army Air Force S/SGT Harold ‘Dean’ Baker Memorial Bridge”; 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.
Delegates Longstreth, Iaquinta, Lynch, Hartman, Fleischauer, McGeehan, Sponaugle, Hornbuckle and Rowe offered the following resolution, which was read by its title and referred to the Committee on Veterans’ Affairs and Homeland Security then Rules:
H. C. R. 85 - “Requesting Congress to enact legislation to allow any honorably discharged military reservist regardless of whether he or she was called to active duty to have access to a veterans hospital health services and that veterans hospitals determine fees based upon ability to pay.”
Whereas, All military reservists who have given honorable service to our country deserve our respect and gratitude; and
Whereas, Whether or not they were called to active duty is something they had no control over; and
Whereas, Veterans hospitals should serve all persons who have served in some role in our armed forces; and
Whereas, The means test used to determine eligibility for free or reduced cost services should reflect realistic evaluations of ability to pay; therefore, be it
Resolved by the Legislature of West Virginia:
That Congress is requested to enact legislation to allow any honorably discharged military reservist regardless of whether he or she was called to active duty to have access to a veterans hospital health services and that veterans hospitals determine fees based upon ability to pay; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the West Virginia Congressional Delegation.
Delegates Hornbuckle, Upson, Blair, Longstreth, Fleischauer, Lovejoy, Rowan, Lynch, Fluharty, C. Miller and Sobonya offered the following resolution, which was read by its title and referred to the Committee on Health and Human Resources then Rules:
H. C. R. 86 – “Requesting the Joint Committee on Government and Finance study post-treatment protocols for a person diagnosed with triple negative breast cancer.”
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is requested to study post-treatment protocols for a person diagnosed with triple negative breast cancer; and, be it
Further Resolved, That the Joint Committee on Government and Finance request the assistance of the West Virginia Division of Cancer Epidemiology, the State Medical Association and the West Virginia American Cancer Society, in reviewing the post-treatment protocols for a person diagnosed with triple negative breast cancer and in determining whether the post-treatment protocols need to be changed to ensure a recurrence is diagnosed quickly and accurately; 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 and to prepare and draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegate Eldridge offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 87 – “Requesting the Division of Highways rename the section of U.S. Route 119 that runs through Lincoln County the ‘Deputy Sheriff SGT. Justin Alan Thompson Memorial Highway’.”
Whereas, House Concurrent Resolution No. 10 passed during the 2010 Regular Session of the Legislature naming the section of U.S. Route 119 that runs through Lincoln County the “SGT. Justin Alan Thompson Memorial Highway”. SGT. Justin Alan Thompson was a member of the Lincoln County Sheriff’s Department when he was killed in the line of duty on June 19, 2007. It would be fitting to add to the signs identifying the section of U.S. Route 119 that runs through Lincoln County the “Deputy Sheriff SGT. Justin Alan Thompson Memorial Highway”; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to rename the section of U.S. Route 119 that runs through Lincoln County as “SGT. Justin Alan Thompson Memorial Highway”, language that Sgt. Thompson was a Deputy Sheriff in Lincoln County such as “Deputy Sheriff SGT. Justin Alan Thompson Memorial Highway”; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the section of U.S. Route 119 that runs through Lincoln County “Deputy Sheriff SGT. Justin Alan Thompson Memorial Highway”; 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 Caputo, Baldwin, Barrett, Bates, Boggs, Brewer, Byrd, Canestraro, Diserio, Eldridge, E. Evans, Ferro, Fleischauer, Fluharty, Frich, Hamilton, Hartman, Hicks, Hornbuckle, Iaquinta, Isner, Lane, Longstreth, Love, Lovejoy, Lynch, Marcum, Maynard, Miley, R. Miller, Moye, Pethtel, Phillips, Pushkin, Pyles, Robinson, Rodighiero, Rowe, Sponaugle, Storch, Thompson, Ward and Williams offered the following resolution, which was read by its title and referred to the Committee on Energy then Rules:
H. C. R. 88 – “Urging the United States Congress to pass, and the President to sign into law, legislation to extend and expand the current federal tax credit for carbon capture, utilization and storage.”
Whereas, According to the United States Department of Energy, “A diverse portfolio of energy resources is critical to U.S. energy and national security”, and, “A diverse energy system has the inherent benefits of being more robust and resilient in comparison to a system that is heavily dependent on a limited set of energy resources”, and “A system that is diverse helps insulate the economy from certain risks, including price volatility and risks from supply disruptions that can affect the availability of particular energy resources or infrastructure”, and “CCUS brings with it significant economic benefits across a range of economic sectors, including mining and extraction, energy infrastructure, the manufacture of CCUS equipment, supply chains including component parts and raw materials, and the creation of a new CO2 commodity industry for use in enhanced oil recovery, bio-refining, and other products”, and “A combination of tax incentives, research and development, demonstration, and deployment will be critical in developing transformational carbon capture technologies and to drive down the cost of capture;” and
Whereas, The United States has abundance supplies of coal that provide important economic and energy security benefits to our nation; and
Whereas, West Virginia has long been committed to and is a leader in the research and development of technologies that provide clean and safe power generation; and
Whereas, Reliable and affordable electricity is vital to the economic growth of West Virginia, the creation and preservation of jobs, and the overall welfare of its citizens; and
Whereas, West Virginia is the second largest coal producing state and seventh largest natural gas producing state in the nation; and
Whereas, West Virginia is the fourth largest net exporter of electricity to other states in the nation; and
Whereas, West Virginia has the nation’s third largest recoverable reserves of coal and the nation’s fourth largest proved reserves of natural gas; and
Whereas, In West Virginia, ninety-nine percent of the generated electricity comes from coal; and
Whereas, Coal is responsible for more than $3.5 billion annually in the gross state product; and
Whereas, In 2015, according to the West Virginia Office of Miners’ Health, Safety and Training, the West Virginia mining industry employs 48,327 people, and preservation of the coal industry is vital to our state economy; and
Whereas, A central element of a sustainable energy strategy for West Virginia is continued research and development of carbon reduction strategies, such as CO2 capture, utilization, and storage through emerging technologies such as geological sequestration, mineral carbonation, and the beneficial use of captured CO2, in order to maximize economic opportunities; and
Whereas, West Virginia institutions such as West Virginia National Research Center for Coal and Energy, West Virginia State University Energy and Environmental Science Institute, and others strive to develop technologies that will allow efficient carbon capture through collaboration or applied CO2 research, practical applications, workforce development and public education; and
Whereas, Legislation is needed to enhance current federal tax incentives so as to sustain and promote such collaborations and encourage private industry in manufacturing, energy generation, and food production, to implement and support new technologies that increase CO2 capture, utilization, and storage; therefore, be it
Resolved by the Legislature of West Virginia:
That we call upon the United States Congress to pass, and the President to sign into law, legislation to extend and expand the current federal tax credit for carbon capture, utilization and storage under Section 45Q of the Internal Revenue Code; and, be it
Further Resolved, That suitable copies of this resolution be delivered to the President of the United States, the Speaker of the United States House of Representatives, the United States Senate Majority Leader, and all members of the West Virginia Congressional Delegation.
On motions for leave, Joint Resolutions were introduced, read by their titles and referred as follows:
By Delegates Cooper, Mr. Speaker (Mr. Armstead), Ambler, Kessinger, N. Foster, Butler, Dean and Deem:
H. J. R. 24 - Proposing an amendment to the Constitution of the State of West Virginia, amending section two, article twelve thereof, relating to education; and providing for the election of members of the State Board of Education, each from the congressional districts, beginning with the general election in the year two thousand twenty; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment; to the Committee on Education then the Judiciary.
By Delegates Sponaugle, Iaquinta, Hartman, Lynch, Longstreth, Phillips, McGeehan, A. Evans, Rowan, R. Romine and Hamilton:
H. J. R. 25 - Proposing an amendment to the Constitution of the State of West Virginia amending section 1b, article X thereof, relating to exempting honorably discharged veterans of the Armed Forces of the United States who have been determined to have a one hundred percent disability from ad valorem property taxation on the full amount of assessed value of a primary residence; numbering and designating the proposed amendment; and providing a summarized statement of the purpose of such proposed amendment; to the Committee on Finance then the Judiciary.
By Delegates Wilson, Dean, N. Foster, Hill, Wagner, Criss and Higginbotham:
H. J. R. 26 - Proposing an amendment to the Constitution of the State of West Virginia, amending section two, article XII thereof, relating to education, supervision of free schools and organization of the West Virginia Board of Education; and providing a summarized statement of the purpose of such proposed amendment; to the Committee on Education then the Judiciary.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Mr. Armstead (Mr. Speaker), Delegates Ambler and Hanshaw:
H. B. 2983 - “A Bill to amend and reenact §17-3-6 of the Code of West Virginia, 1931, as amended, relating to requiring the Division of Highways to grant priority to roadway construction, reconstruction and maintenance for roadways prone to recurring floods that hinder ingress and egress to and from residential areas, schools and downtown districts, and that hinder access by emergency response vehicles”; to the Committee on Roads and Transportation then Finance.
By Delegate Hamrick:
H. B. 2984 - “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, §29-30-4, §29-30-5, §29-30-6, §29-30-7, §29‑30-8, §29-30-9 and §29-30-10, all relating to creating the Occupational Board Reform Act; creating the Office of Supervision of Occupational Boards; providing the Attorney General’s Consumer Protection Division with the authority to establish the office; establishing the office’s responsibilities; giving the office the authority to actively supervise state occupational boards; authorizing the office to play a substantial role in the development of an occupational board’s rules and policies, including the approval and disapproval of proposed rules or policies in certain instances; providing for review and oversight by the Attorney General; requiring the Speaker of the House of Delegates and the President of the Senate to establish a position in the nonpartisan research staff to analyze occupational rules; providing for the Legislature’s analysis of occupational rules; providing a short title; establishing its policy; providing for avoidance of liability under federal anti-trust laws; defining terms; providing for statutory interpretation; providing for petitions for review of criminal history; providing for preemption; and providing an effective date”; to the Committee on Government Organization.
By Delegate Ward:
H. B. 2985 - “A Bill to amend and reenact §8-13-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §60-3-9d of said code, all relating to taxes on beer and nonintoxicating beer; giving authority to municipalities to impose taxes on beer and nonintoxicating beer; and imposing tax on purchases of beer and nonintoxicating beer outside corporate limits of municipalities for benefit of counties and municipalities”; to the Committee on Political Subdivisions then Finance.
By Delegates Shott, Frich and Hanshaw:
H. B. 2986 - “A Bill to amend and reenact §27-5-2 and §27-5-4 of the Code of West Virginia, 1931, as amended, all relating to involuntary custody of nonresidents for a mental hygiene examination”; to the Committee on the Judiciary.
By Delegates Frich, Ward, Ambler and Moye:
H. B. 2987 - “A Bill to amend and reenact §18C-7-3 and §18C-7-6 of the Code of West Virginia, as amended, all relating to making PROMISE Scholarship funds available for use at community and technical colleges; and making certain employees of the West Virginia Division of Corrections eligible for a PROMISE Scholarship after working for two consecutive years as a correctional officer”; to the Committee on Education then Finance.
By Delegate R. Miller:
H. B. 2988 - “A Bill to amend and reenact §61-3-20 of the Code of West Virginia, 1931, as amended, relating to clarifying the penalties for embezzlement”; to the Committee on the Judiciary.
By Delegate Baldwin:
H. B. 2989 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60A-3-309, relating to placing limitations on length of time that prescriptions may be issued for schedule II and III controlled substances; and defining a term”; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Sypolt, Ward, Paynter and Lewis:
H. B. 2990 - “A Bill to amend and reenact §22-6A-12 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §22-6A-12a, all relating to requiring continuous monitoring of air, noise, dust and particulates; requiring the operator to undertake the best available control technology if standards for air, noise, dust or particulates are exceeded; and changing the set back from horizontal well work activity to a residence to fifteen hundred feet from the limit of well work disturbance”; to the Committee on Energy then the Judiciary.
By Delegates Rowe, Frich, Caputo, Pyles and White:
H. B. 2991 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-2A-24, relating to requiring the Commissioner of Highways to develop a state hotline for travelers to identify road hazards; and requiring the Commissioner of Highways to develop a communications plan to disseminate to the public information about known emergency, life threatening road hazards”; to the Committee on Roads and Transportation then Government Organization.
By Delegates Wilson, Moore, Dean, Wagner, A. Evans, R. Romine, Higginbotham and Martin:
H. B. 2992 - “A Bill to amend and reenact §60A-7-705 of the Code of West Virginia,1931, as amended; relating to civil asset forfeiture; requiring that the state prove that the owner of seized property has been convicted of a crime and that the seized property was substantially related to said crime before the state can perfect title to the seized property; and requiring that the state return seized property to its owner if the state cannot meet its evidentiary burden”; to the Committee on the Judiciary.
By Delegate Wilson:
H. B. 2993 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §6-9B-1, §6-9B-2, §6-9B-3, §6-9B-4, §6-9B-5 and §6-9B-6, all relating to creating and maintaining a searchable online budget database to easily access the details on how the state is spending tax dollars and what performance results are achieved for those expenditures; designating this as the ‘Budget and Spending Transparency Act’; providing a short title, legislative findings, definitions, content requirements and updates; and compliance by the State Tax Department”; to the Committee on Government Organization then Finance.
By Delegate Shott:
H. B. 2994 - “A Bill to amend and reenact §5-22-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §16-13-3 of said code; and to amend and reenact §16-13A-7 of said code, all relating to public bidding thresholds; increasing the amounts of projects before a bid is required for municipalities, public service districts and sanitary boards”; to the Committee on Political Subdivisions then Government Organization.
By Delegates Overington, Paynter and Kessinger:
H. B. 2995 - “A Bill to amend and reenact §30-10-3 of the Code of West Virginia, 1931, as amended, relating to permitting certain animal euthanasia technicians who have been certified by other states be certified animal euthanasia technicians in West Virginia”; to the Committee on Agriculture and Natural Resources then Government Organization.
By Delegate Shott:
H. B. 2996 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24A-2-4c, relating to requiring motor carrier vehicle transporting solid waste to be equipped and operated with truck tarpaulins; and establishing criminal penalties”; to the Committee on Roads and Transportation then the Judiciary.
By Delegate Hanshaw:
H. B. 2997 - “A Bill to amend and reenact §18-2-6 of the Code of West Virginia, 1931, as amended, relating generally to applied associate of science degrees that target workforce needs; authorizing certain schools to grant applied associate of science degrees that target workforce needs; requiring the West Virginia State Board of Education to promulgate rules setting the minimum standards for granting applied associate of science degrees that target workforce needs; and limiting the schools that grant applied associate of science degrees that target workforce needs to vocational technical schools which are accredited by the appropriate nationally recognized accrediting agency or association approved by the United States Department of Education”; to the Committee on Education.
By Delegate Hanshaw:
H. B. 2998 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13DD-1, §11-13DD-2, §11-13DD-3, §11-13DD-4, §11-13DD-5, §11-13DD-6 and §11-13DD-7; to amend and reenact §12-6C-11 of said code; and to amend and reenact §31-15-8 of said code, all relating generally to the expansion of broadband service to unserved areas of West Virginia; providing tax credits for providing broadband service and wireless broadband service to unserved areas; requiring Tax Commissioner to propose rules for legislative approval to administer such tax credits; providing definitions; specifying amount, application, restrictions, timing and cap on tax credit; permitting a carryover of credit to subsequent tax year; providing loan insurance for commercial loans used for the expansion of broadband service to unserved or underserved areas”; to the Committee on Finance.
By Delegate Rohrbach:
H. B. 2999 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-5Z-1, §16-5Z-2, §16-5Z-3, §16-5Z-4, §16-5Z-5, §16-5Z-6, §16-5Z-7, §16-5Z-8 and §16-5Z-9, all relating to establishing a program for the licensing and regulation of out-patient substance abuse counseling programs; defining terms; specifying requirements and procedures to be licensed; establishing operational requirements and minimum qualifications for professional staff; providing for inspections with and without warrants; authorizing limitations, denials, suspensions and revocations of licenses for noncompliance with law; describing types of violations; providing for civil penalties to be ordered; requiring notification of violations of professional license violations to appropriate licensing authorities; and granting rule-making authority to the Secretary of the Department of Health and Human Resources”; to the Committee on Health and Human Resources then Government Organization.
By Delegates Howell, Arvon, Hill, Hamrick, Queen, Criss, Lewis, Paynter, Maynard, Ward and Atkinson:
H. B. 3000 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §4-14-1, §4-14-2, §4-14-3, §4-14-4, §4-14-5, §4-14-6 and §4-14-7, all relating to the state Ombudsman; authorizing an ombudsman position; defining terms; operating a toll-free number for complaints; authorizing investigations and referrals; describing complaint record keeping; requiring an annual report; including penalties for noncompliance; and prohibiting retaliation”; to the Committee on Government Organization then the Judiciary.
By Delegates Folk and McGeehan:
H. B. 3001 - “A Bill to amend and reenact §18B-1B-1 of the Code of West Virginia, 1931, as amended, relating to abolishing the West Virginia Higher Education Policy Commission; transferring all powers and duties of the commission relating to internal governance of institutions of higher education to the board of Governors of the institutions; transferring all powers and duties of the commission to secure, provide, or administer financial support for educational or research purposes to the board of Governors of their respective institutions; providing for the transfer and disposition of assets, property and records of the commission; providing for the transfer of the administration of the Promise Scholarship to the State Treasurer; and transfer WVNET to West Virginia University”; to the Committee on Education then Finance.
By Delegates Hill, Martin, Caputo, Fleischauer, Statler and Hamilton:
H. B. 3002 - “A Bill to amend and reenact §60-8-3 of the Code of West Virginia, 1931, as amended, relating to special licenses for the retail sale of wine at festivals or fairs; and making the license period one year”; to the Committee on the Judiciary.
By Delegates Hill, Kessinger, Arvon, Howell, Paynter, Maynard, Gearheart and Dean:
H. B. 3003 - “A Bill to amend and reenact §23-4-1 of the Code of West Virginia, 1931, as amended, relating to requiring the Workers’ Compensation Commission to allocate disability or death benefits resulting from an occupational pneumoconiosis claim among the claimant’s employers on a proportional basis”; to the Committee on the Judiciary.
By Delegates Hill, Martin, Arvon, Howell, Kessinger, Statler, N. Foster, Shott, O’Neal, McGeehan and Espinosa:
H. B. 3004 - “A Bill to amend and reenact §3-10-3 of the Code of West Virginia, 1931, as amended, relating to filling vacancies in offices of state officials, United States Senators, Justices, judges, and magistrates; and requiring vacancy to be filled with individual of the same political party with which the individual vacating the office was affiliated at the time of his or her election to the vacated office”; to the Committee on the Judiciary.
By Delegates Fast, Hanshaw, Overington, Kessinger, Lovejoy, Gearheart, Arvon and Hollen:
H. B. 3005 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §61-14-1 and §61-14-2, all relating to regulation of unmanned aircraft systems; defining terms; creating misdemeanor criminal offense for certain conduct using an unmanned aircraft system and setting penalties therefor; creating felony criminal offense for operating an unmanned aircraft system equipped with a lethal weapon and setting penalties therefor; and creating felony criminal offense for operating an unmanned aircraft system with the intent to cause damage or disrupt in any way the flight of a manned aircraft and setting penalties therefor”; to the Committee on the Judiciary.
By Delegates Hornbuckle, C. Miller, Rohrbach, Fleischauer, Sobonya and Fluharty:
H. B. 3006 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-2-9a, relating to exempting certain contracts between the Department of Health and Human Resources and West Virginia University or Marshall University from state purchasing requirements”; to the Committee on Education.
By Delegate Rowe:
H. B. 3007 - “A Bill to amend and reenact §17-4-18 of the Code of West Virginia, 1931, as amended, relating to requiring paving contracts for state highways to have special requirements to prevent potholes”; to the Committee on Roads and Transportation then Finance.
By Delegate Walters:
H. B. 3008 - “A Bill to amend and reenact §1-5-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §3-1A-7 of said code; to amend and reenact §3-5-6, §3-5-8 and §3-5-13 of said code; to amend and reenact §5-10-22c of said code; to amend and reenact §5-16-2 and §5-16-22 of said code; to amend and reenact §5A-3-10a of said code; to amend and reenact §6-8-5, §6-8-7, §6-8-9 and §6-8-10 of said code; to amend and reenact §6-9-1a, §6-9-7 and §6-9-11 of said code; to amend and reenact §6B-1-3 of said code; to amend and reenact §6B-2-1, §6B-2-5 and §6B-2- 6 of said code; to amend and reenact §6B-3-3b of said code; to amend and reenact §6C-2-2 of said code; to amend and reenact §7-4-1 of said code; to amend and reenact §7-6-4 of said code; to amend and reenact §7-11B-3 of said code; to amend and reenact §7-13-6, §7-13-6a, §7-13-8 and §7-13-9 of said code; to amend and reenact §7-23-3 of said code; to amend and reenact §7-25-18 of said code; to amend and reenact §8-9-14 of said code; to amend and reenact §8-23-3 of said code; to amend and reenact §8A-6-2 of said code; to amend and reenact §9-9-16 of said code; to amend and reenact §10-1-1 of said code; to amend and reenact §10-2-1 of said code; to amend and reenact §10-2A-1, §10-2A-3, §10-2A-4, §10-2A-6, §10-2A-7, §10-2A-10 of said code; to amend and reenact §11-1C-2, §11-1C-5 and §11-1C-8 of said code; to amend and reenact §11-8-6b, § 11-8-6c, § 11-8-6g and § 11-8-16 of said code; to amend and reenact §11-10-14 of said code; to amend and reenact § 11-13-2p of said code; to amend and reenact §11-14-5, § 11-14-5b and §11-14-11 of said code; to amend and reenact §11-14C-9 of said code; to amend and reenact §11A-1-3 of said code; to amend and reenact §11B-2-3 of said code; to amend and reenact §12-3-20 of said code; to amend and reenact §12-4-15 of said code; to amend and reenact §12-6-2 and §12-6-9c of said code; to amend and reenact §12-6C-3 of said code; to amend and reenact §13-1-3, §13-1-4 and §13-1-19 of said code; to amend and reenact §15-1I-2 of said code; to amend and reenact §15-6-17 of said code; to amend and reenact §16-9A-4 of said code; to amend and reenact §17B-2-3a of said code; to amend and reenact §17C-6-1 of said code; to amend and reenact §17C-12-7 of said code; to amend and reenact §17C-15-26 of said code; to amend and reenact §18-1-1 of said code; to amend and reenact §18-2-1, §18-2-3, §18-2-4, §18-2-5, §18-2-5f, §18-2-5h, §18-2-6, §18-2-9, §18-2-11, §18-2-25, §18-2-26, §18-2-26a, §18-2-34, §18-2-35, and §18-2-36 of said code; to amend and reenact §18-2A-1, §18-2A-2, §18-2A-3, §18-2A-4, §18-2A-5, §18-2A-8 and §18-2A-9; to amend and reenact §18-2C-3 and §18-2C-5 of said code; to amend and reenact §18-2D-4 of said code; to amend and reenact §18-2E-3a, §18-2E-4, §18-2E-4a, §18-2E-5, §18-2E-5a, §18-2E-5d, §18-2E-7, §18-2E-8, §18-2E-8d, §18-2E-8e, §18-2E-9 and §18-2E-10 of said code; to amend and reenact §18-2K-2 and §18-2K-3 of said code; to amend and reenact §18-3-9a and §18-3-12 of said code; to amend and reenact §18-4-1, §18-4-2, §18-4-6, §18-4-10 and §18-4-11 of said code; to amend and reenact §18-5-1, §18-5-1a, §18-5-1b, §18-5-1c, §18-5-4, §18-5-5, §18-5-6, §18-5-7, §18-5-7a, §18-5-9, §18-5-9a, §18-5-11, §18-5-11a, §18-5-13, §18-5-13a, §18-5-14, §18-5-15, §18-5-15c, §18-5-16, §18-5-17, §18-5-18, §18-5-18a, §18-5-18b, §18-5-19a, §18-5-19b, §18-5-21, §18-5-21a, §18-5-21b, §18-5-21c, §18-5-21d, §18-5-21e, §18-5-22, §18-5-22a, §18-5-22b, §18-5-22c, §18-5-24, §18-5-25, §18-5-26, §18-5-32, §18-5-36, §18-5-36a, §18-5-39, §18-5-41, §18-5-44, §18-5-45 and §18-5-47 of said code; to amend and reenact §18-5A-1, §18-5A-2, §18-5A-3, §18-5A-3a, §18-5A-5, §18-5A-6, of said code; to amend and reenact §18-5B-3, §18-5B-4, §18-5B-5, §18-5B-6, §18-5B-8, §18-5B-9, §18-5B-10, §18-5B-11, §18-5B-12 and §18-5B-13 of said code; to amend and reenact §18-5C-1, §18-5C-2 and §18-5C-3 of said code; to amend and reenact §18-5D-3 and §18-5D-4 of said code; to amend and reenact §18-5E-2, §18-5E-3, §18-5E-4, §18-5E-5 and §18-5E-6 of said code; to amend and reenact §18-6-2 and §18-6-6 of said code; to amend and reenact §18-7A-3, §18-7A-13, §18-7A-15, §18-7A-35 and §18-7A-35b of said code; to amend and reenact §18-7B-2 and §18-7B-17 of said code; to amend and reenact §18-7D-4 of said code; to amend and reenact §18-8-1, §18-8-1a, §18-8-2, §18-8-3, §18-8-4, §18-8-5a, §18-8-6, §18-8-6a, §18-8-8 and §18-8-9 of said code; to amend and reenact §18-9-2a, §18-9-2c, §18-9-2d, §18-9-3, §18-9-3a, §18-9-4, §18-9-6 and §18-9-6a of said code; to amend and reenact §18-9B-2, §18-9B-4, §18-9B-5, §18-9B-6, §18-9B-6a, §18-9B-8, §18-9B-9, §18-9B-12, §18-9B-13, §18-9B-14, §18-9B-15, §18-9B-17, §18-9B-18, §18-9B-19 and §18-9B-19a of said code; to amend and reenact §18-9D-2, §18-9D-3, §18-9D-15, §18-9D-16 and §18-9D-19 of said code; to amend and reenact §18-9E-3, §18-9B-4 and §18-9E-5 of said code; to amend and reenact §18-9F-2, §18-9F-3, §18-9F-4, §18-9F-6, §18-9F-7 and §18-9F-9 of said code; to amend and reenact §18-10-8 of said code; to amend and reenact §18-10A-2a of said code; to amend and reenact §18-10F-2 of said code; to amend and reenact §18-10H-6 of said code; to amend and reenact §18-17-1 of said code; to amend and reenact §18-20-1, §18-20-1a, §18-20-1b, §18-20-2, §18-20-5 and §18-20-7 of said code; to amend and reenact §18-21-2 and §18-21-4 of said code; to amend and reenact §18-25-1 of said code; to amend and reenact §18-28-2 of said code; to amend and reenact §18A-1-1 of said code; to amend and reenact §18A-2-1, §18A-2-1a, §18A-2-2, §18A-2-2a, §18A-2-3, §18A-2-4, §18A-2-5, §18A-2-5a, §18A-2-6, §18A-2-7, §18A-2-7b, §18A-2-8, §18A-2-9, §18A-2-11, §18A-2-12, §18A-2-12a and §18A-2-14 of said code; to amend and reenact §18A-3-1, §18A-3-1f, §18A-3-2, §18A-3-2a, §18A-3-2d, §18A-3-3a, §18A-3-6, §18A-3-8, §18A-3-9 and §18A-3-10 of said code; to amend and reenact §18A-4-1, §18A-4-1a, §18A-4-3, §18A-4-4, §18A-4-5a, §18A-4-5b, §18A-4-7a, §18A-4-7b, §18A-4-7c, §18A-4-8, §18A-4-8a, §18A-4-8b, §18A-4-8c, §18A-4-8e, §18A-4-8f, §18A-4-8g, §18A-4-8i, §18A-4-9, §18A-4-10, §18A-4-10a, §18A-4-10c, §18A-4-10d, §18A-4-10f, §18A-4-12, §18A-4-15, §18A-4-16, §18A-4-17, §18A-4-18, §18A-4-19, §18A-4-20 and §18A-4-21 of said code; to amend and reenact §18A-5-1, §18A-5-1a, §18A-5-1b, §18A-5-1d, §18A-5-2, §18A-5-4, §18A-5-6 and §18A-5-8 of said code; to amend and reenact §18B-3C-11 of said code; to amend and reenact §18C-4-3 of said code; to amend and reenact §18C-4A-2 and §18C-4A-3 of said code; to amend and reenact §19-8-1, §19-8-2 and §19-8-3 of said code; to amend and reenact §19-20-10 of said code; to amend and reenact §19-25-1 of said code; to amend and reenact §20-1-10a of said code; to amend and reenact §20-2-30a of said code; to amend and reenact §20-3-17 of said code; to amend and reenact §21-5-3 of said code; to amend and reenact §21-5D-2 of said code; to amend and reenact §23-2-1a of said code; to amend and reenact §24A-1-3 of said code; to amend and reenact §29-12-5a of said code; to amend and reenact §29-22C-27 of said code; to amend and reenact §30-12-12 of said code; to amend and reenact §30-21-2 of said code; to amend and reenact §30-31-11 of said code; to amend and reenact §31-18E-11 of said code; to amend and reenact §31-21-5 and §31-21-15 of said code; to amend and reenact §33-2-21a of said code; to amend and reenact §33-14-29 of said code; to amend and reenact §38-5B-1 of said code; to amend and reenact §49-1-206 of said code; to amend and reenact §49-4-406, §49-4-407 and §49-4-704; to amend and reenact §53-8-1 and §53-8-7 of said code; to amend and reenact §61-2-15 of said code; to amend and reenact §61-5A-2 of said code; to amend and reenact §61-7-2, §61-7-11a and §61-7-14 of said code; to amend and reenact §61-8-29 of said code; to amend and reenact §61-10-15 and §61-10-31 of said code; all relating to eliminating county school systems and creating ten school districts; eliminating county boards of education and establishing school district boards of education; creating ten school districts throughout the state to carry on the powers and duties of county school districts; modifying definitions; establishing membership of school district boards of education; requiring state board of education to create a transition plan; establishing terms of office for board members; modifying references to county school boards and county school districts throughout the code”; to the Committee on Education then Finance.
By Delegate Summers:
H. B. 3009 - “A Bill to amend and reenact §60A-9-5 of the Code of West Virginia, 1931, as amended, relating to access by the Office of Health Facility Licensure and Certification to the Controlled Substances Monitoring Program database for use in certification, licensure and regulation of health facilities”; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Sypolt, Ward, Paynter, Frich, Rowan, Lewis and Sobonya:
H. B. 3010 - “A Bill to amend and reenact §16-4-20 of the Code of West Virginia, 1931, as amended, relating to making it a felony to knowingly expose another individual to HIV without his or her informed consent; imposing penalties; imposing civil liability”; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Ward, Caputo, McGeehan and Folk:
H. B. 3011 - “A Bill to amend and reenact §54-2-9 of the Code of West Virginia, 1931, as amended, relating to changing the determination of just compensation to be paid to the landowner when eminent domain is used for a pipeline”; to the Committee on Energy then the Judiciary.
By Delegates Fleischauer, Fluharty, Pethtel, Longstreth, Pushkin, Caputo, Pyles, Hornbuckle, Diserio, Love and Iaquinta:
H. B. 3012 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-11C-1, §5-11C-2, §5-11C-3 and §5-11C-4, all relating to creating the Family Protection Act; making it illegal to discriminate against an individual regarding his or her family responsibilities; defining terms; and setting forth remedies and enforcement powers”; to the Committee on Industry and Labor then the Judiciary.
By Delegates Hamrick, Howell, Butler, Mr. Armstead (Mr. Speaker), Blair, Gearheart, Westfall, Queen, Maynard, C. Miller and Storch:
H. B. 3013 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-6-18; and to amend and reenact §5A-10-5 of said code, all relating to requiring an inspection or inspections of any building prior to purchase or major renovation by the state and requiring inspection results to be considered in a cost-benefit analysis”; to the Committee on Government Organization then Finance.
By Delegates Rowan, Rohrbach, Sypolt, Lewis, Lynch, Pyles and Kelly:
H. B. 3014 - “A Bill to amend and reenact §39B-1-102, §39B-1-114 and §39B-1-115 of the Code of West Virginia, 1931, as amended, all relating to prohibiting a person appointed agent under a power of attorney from exerting undue influence over the principal; defining undue influence; and prohibiting exoneration of a fiduciary who has exerted undue influence over a principal”; to the Committee on the Judiciary.
By Delegates Kelly, Lane, Frich, Pyles, Williams, Fleischauer and Hollen:
H. B. 3015 - “A Bill to amend and reenact §17B-2-7 of the Code of West Virginia, 1931, as amended, relating to requiring all commercial and professional drivers licensed under this chapter or chapter seventeen-e of this code to be fingerprinted and undergo a background check”; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Walters, Ambler, Cooper and Harshbarger:
H. B. 3016 - “A Bill to amend and reenact §21A-6-3 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §21A-6-18, all relating to domestic violence victims’ eligibility for unemployment compensation benefits; removing disqualification for certain victims of domestic violence, sexual offenses or stalking; providing employer is not chargeable for benefits under certain circumstances, and requiring training of WorkForce West Virginia employees in the nature and dynamics of domestic violence to aid employees who interact with claimants”; to the Committee on the Judiciary then Finance.
By Delegates Hornbuckle, Canestraro and Fleischauer:
H. B. 3017 – “A Bill to amend and reenact §55-7-22 of the Code of West Virginia, 1931, as amended, relating to providing that a person when being attacked in a place that is not his or her home should retreat instead of using deadly force when deadly force is not necessary”; to the Committee on the Judiciary.
By Delegates Isner, Canestraro, Sobonya, Summers, Boggs, Fast, Kessinger, R. Miller, Capito and Robinson:
H. B. 3018 - “A Bill to amend and reenact §61-2-10b of the Code of West Virginia, 1931, as amended, relating to crimes against the person; adding definition of correctional employee to the list of persons against whom an assault is a felony; and providing that a person incarcerated in the state who commits a crime against one of persons defined in this statute serve consecutive sentences”; to the Committee on the Judiciary.
By Delegates McGeehan and Folk:
H. B. 3019 - “A Bill to amend and reenact §60A-7-702, §60A-7-704, §60A-7-705 and §60A-7-706 of the Code of West Virginia, 1931, as amended, all relating to the West Virginia Contraband Forfeiture Act; restating the legislative findings and purpose; requiring a receipt for seized property from law enforcement; providing procedure for replevin; stating purposes for forfeiture of property and the procedure for forfeiture; and providing that all moneys forfeited under the provisions of this article shall be distributed for the support of drug courts”; to the Committee on the Judiciary.
By Delegates Harshbarger, Howell, Cowles, Ambler, Boggs, Paynter, Atkinson, Kessinger, Eldridge and Statler:
H. B. 3020 - “A Bill to amend and reenact §20-7-9 of the Code of West Virginia, 1931, as amended, relating to criminal penalties for the offenses of hunting, trapping or fishing on the lands of another person, entering on to posted lands and destroying posted land signs; and setting the penalties to match those of the offense of criminal trespass”; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Hornbuckle, Longstreth, Fleischauer, Lovejoy, Rowan, Lynch, C. Miller and Sobonya:
H. B. 3021 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-7b; to amend said code by adding thereto a new section, designated §16-5a-6; to amend said code by adding thereto a new section, designated §33-15-4p; to amend and reenact §33-16-3g of said code; to amend said code by adding thereto a new section, designated §33-16-3bb; to amend and reenact §33-24-7b of said code; to amend said code by adding thereto a new section, designated §33-24-7q; to amend said code by adding thereto a new section, designated §33-25-8n; and to amend said code by adding thereto a new section, designated §33-25A-8p, all relating to insurance coverage for breast cancer screening”; to the Committee on Banking and Insurance then Health and Human Resources.
By Delegate Shott:
H. B. 3022 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-1-5a, relating to the reporting of fraud, misappropriation of moneys, and other violations of law to the commission on special investigations”; to the Committee on the Judiciary.
By Delegates Barrett, Hornbuckle, Cooper, Rohrbach, Rowan, Moye, Baldwin, Westfall, E. Evans, Rowe and R. Romine:
H. B. 3023 - “A Bill to amend and reenact §18-20-10 of the Code of West Virginia, 1931, as amended, relating to public school education assessment of students for dyslexia and dyscalculia; specifying State Board of Education and local school boards responsibilities relating to dyslexia and dyscalculia”; to the Committee on Education then Finance.
By Delegates Rohrbach, Sobonya, C. Miller and C. Romine:
H. B. 3024 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7B-9e, relating to limiting recoverable damages when a patient has been transferred from health care facility to another health care facility; and providing an exception”; to the Committee on the Judiciary.
By Delegates Lane, White, Rowe, Robinson, Byrd, Pushkin, Ward and Westfall:
H. B. 3025 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-1-3tt, relating to granting county commissions with the plenary power and authority to establish by ordinance a vacant building registration program; setting forth procedures for administration and enforcement”; to the Committee on Political Subdivisions then the Judiciary.
By Delegate Lane:
H. B. 3026 - “A Bill to amend and reenact §17C-5-3 of the Code of West Virginia, 1931, as amended, relating to providing that a vehicle driver who injures a ‘vulnerable road user’ is guilty of reckless driving; defining the term ‘vulnerable road user’; and imposing misdemeanor penalties”; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Sponaugle and A. Evans:
H. B. 3027 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-1-4e, relating to imposing a tax on cattle which is to be used to help fund the U. S. Department of Agriculture’s Wildlife Services Fund; and creating a special state revenue account to receive the income generated by the tax and to be administered by the Commissioner of Agriculture”; to the Committee on Agriculture and Natural Resources then Finance.
By Delegate Miley
[By Request of the Executive]:
H. B. 3028 - “A Bill to repeal §18B-11B-1, §18B-11B-2, §18B-11B-3, §18B-11B-4, §18B-11B-5 and §18B-11B-6 of the Code of West Virginia, 1931, as amended; to amend and reenact §16-1-2 and §16-1-4 of said code; to amend said code by adding thereto a new article, designated §16-1D-1, §16-1D-2, §16-1D-3, §16-1D-4, §16-1D-5, §16-1D-6, §16-1D-7, §16-1D-8 and §16-1D-9; to amend said code by adding thereto a new article, designated §16-1E-1, §16-1E-2, §16-1E-3, §16-1E-4, §16-1E-5 and §16-1E-6; to amend and reenact §16-2-2 and §16-2-11 of said code; to amend said code by adding thereto a new section, designated §18-2-41; to amend said code by adding thereto a new section, designated §21A-1-9; to amend said code by adding thereto a new section, designated §60A-4-414; to amend and reenact §60A-9-3, §60A-9-4, §60A-9-5, §60A-9-5a, §60A-9-6 and §60A-9-7 of said code, all relating to the Comprehensive Substance Use Reduction Act (CSURA) a comprehensive response to the state’s opioid drug crisis; amending the definition of basic public health services to including harm reduction; creating the Office of Drug Control Policy; authorizing approval and certification of harm reduction programs; authorizing the State Health Officer to engage in an examination of prescribing and treatment of persons suffering a fatal or nonfatal opiate overdoes; authorizing the State Health Officer, in conjunction with the Office of Drug Control Policy, to develop guidelines for the prescribing opioids for acute pain; authorizing pilot projects for prevention and treatment services for low-income, pregnant substance abusers; prioritizing pregnant women for substance use disorder treatment referrals; establishing a duty for health care providers to encourage counseling and treatment of pregnant women suffering from substance use disorder; prohibiting the filing of a petition to terminate parental rights when a pregnant woman initiates drug abuse treatment; requiring the Secretary of the Department of Health and Human Resources to establish and maintain an unused prescription drug disposal program; continuing the West Virginia Poison Control Center under the supervision and direction of the State Health Officer; requiring the Department of Education and the Bureau for Public Health to develop a comprehensive health education curriculum for grades K through 12; authorizing the State Board of Education to adopt the comprehensive health education curriculum developed by the Bureau for Public Health for grades K through 12; requiring the creation of a liaison position in Work Force West Virginia to coordinate employment services for persons seeking substance use disorder treatment; requiring Work Force West Virginia to develop a pilot project to foster collaboration between employers and organizations providing substance use disorder treatment; prohibiting the prosecution of persons who disclose the possession of a hypodermic needle or syringe containing any minuscule or residual controlled substance to law-enforcement or other first responders; continuing the controlled substance monitoring program under the supervision and direction of the Office of Drug Control Policy; and authorizing the secretary to propose legislative rules, including the promulgation of emergency rules”; to the Committee on Prevention and Treatment of Substance Abuse then Health and Human Resources.
By Delegates Phillips, Zatezalo and G. Foster:
H. B. 3029 - “A Bill to repeal §22-3-30a of the Code of West Virginia, 1931, as amended; to repeal §22A-2-14, §22A-2-28, §22A-2-30, §22A-2-31, §22A-2-32, §22A-2-33, §22A-2-34, §22A-2-35, §22A-2-41, §22A-2-50, §22A-2-51, §22A-2-52, §22A-2-69 and §22A-2-73 of said code; to repeal §22A-2A-102, §22A-2A-201, §22A-2A-202, §22A-2A-203, §22A-2A-204, §22A-2A-204a, §22A-2A-205, §22A-2A-206, §22A-2A-207, §22A-2A-208, §22A-2A-209, §22A-2A-210, §22A-2A-211, §22A-2A-212, §22A-2A-213, §22A-2A-214, §22A-2A-301, §22A-2A-302, §22A-2A-303, §22A-2A-304, §22A-2A-305, §22A-2A-306, §22A-2A-307, §22A-2A-308, §22A-2A-309, §22A-2A-310, §22A-2A-401, §22A-2A-402, §22A-2A-403, §22A-2A-404, §22A-2A-405, §22A-2A-501, §22A-2A-601, §22A-2A-602, §22A-2A-603, §22A-2A-604, §22A-2A-701, §22A-2A-702, §22A-2A-703, §22A-2A-704, §22A-2A-801, §22A-2A-802, §22A-2A-803, §22A-2A-804, §22A-2A-805, §22A-2A-806, §22A-2A-807 and §22A-2A-901 of said code; to repeal §22A-6-7, §22A-6-8, §22A-6-9, §22A-6-10, §22A-6-11, §22A-6-12 and §22A-6-13 of said code; to amend and reenact §22-1-17 of said code; to amend and reenact §22-3-11, §22-3-13a, §22-3-23 and §22-3-35 of said code; to amend and reenact §22-6-24 of said code; to amend and reenact §22-11-1 of said code; to amend and reenact §22A-1-1, §22A-1-2, §22A-1-3, §22A-1-4, §22A-1-5, §22A-1-6, §22A-1-14, and §22A-1-15 of said code; to amend and reenact §22A-2-2, §22A-2-3, §22A-2-4, §22A-2-4a, §22A-2-5, §22A-2-6, §22A-2-11, §22A-2-13, §22A-2-20, §22A-2-24, §22A-2-25, §22A-2-26, §22A-2-27, §22A-2-29, §22A-2-36, §22A-2-37, §22A-2-38, §22A-2-39, §22A-2-40, §22A-2-42, §22A-2-43, §22A-2-43a, §22A-2-44, §22A-2-45, §22A-2-46, §22A-2-47, §22A-2-48, §22A-2-49, §22A-2-53, §22A-2-53a, §22A-2-53b, §22A-2-53c, §22A-2-55, §22A-2-55a, §22A-2-56, §22A-2-57, §22A-2-58, §22A-2-59, §22A-2-60, §22A-2-61, §22A-2-62, §22A-2-63, §22A-2-64, §22A-2-66, §22A-2-70, §22A-2-72, §22A-2-74, §22A-2-75 and §22A-2-78 of said code; to amend and reenact §22A-2A-101 of said code; to amend said code by adding thereto a new section, designated §22A-2-1001; to amend and reenact §22A-6-1, §22A-6-3, §22A-6-4, §22A-6-5 and §22A-6-6 of said code; to amend and reenact §22A-7-2, §22A-7-3, §22A-7-4, §22A-7-5, §22A-7-5a and §22A-7-7 of said code; to amend and reenact §22A-9-1 of said code; to amend and reenact §22A-11-2, §22A-11-3 and §22A-11-4 of said code; and to amend said code by adding thereto two new sections, designated §22A-11-5 and §22A-11-6, all relating generally to coal mining, coal mining safety and environmental protection; creating a special reclamation water trust fund; establishing additional duties for the Secretary of the Department of Environmental Protection; permitting coal operators to request that preblast surveys be limited to owners and occupants of man-made structures; eliminating certain bond requirements; providing that bonds may not be released until certain conditions are met; providing for plugging and cleaning out of certain gas wells; adding legislative findings to the Water Pollution Control Act as it pertains to trout waters; providing that the Office of Miners’ Health, Safety and Training to be within the Department of Commerce; replacing the Director of the Office of Miners’ Health, Safety and Training responsibility for safety inspections with being responsible for compliance visits and education; eliminating some duties of the Director of the Office of Miners’ Health, Safety and Training’s; eliminating the board of Coal Mine Health and Safety, the Coal Mine Safety and Technical Review Committee, the board of Miner Training, Education and Certification, and the Mine Inspectors’ Examining Board; making the Director of the Office of Miners’ Health, Safety and Training be responsible for compliance visits and enforcement of state mine certifications and Individual Penalty Assessments; requiring mine inspectors to provide safety compliance assistance in improving the miner’s health and safety and to improve existing safety plans and programs; adopting the federal standards in lieu of existing state standards in the following areas of coal mining: replacing existing state standards relating to underground coal mines of ventilation, ventilation plans, fans, belt air, unused and abandoned parts of mines, movement of off-track mining equipment, boreholes, daily inspections, preparation of a danger signal, control of coal dust and rock dusting, roof control programs and plans, roof support, use of authorized explosives, storage or use of unauthorized explosives; use of cabs and canopies, use of hoisting machinery, use of haulage roads and certain equipment, the transportation of miners, use of conveyor belts, use of electricity, telephone poles and communication facilities, actions required to detect and respond to excess methane, the operation of cutting and mining machines, hand held electric drills, trailing cables, installation of lighting, welding and cutting, responsibility for care and maintenance of face equipment, when respiratory equipment is to be worn, safeguards for mechanical equipment, smoking in and about surface structures, railroad cars, haulage and surface areas, ramps, tipples, cleaning plants, protective equipment and clothing safety helmets, checking systems, fire protection, miner security, first-aid equipment, accessible outlets and safe roadways for emergencies, coal storage bins, recovery tunnels, coal storage piles, thermal coal dryers, sealing of mines, accident notices and investigations, shafts and slopes, longwall and short wall mining; control of respirable dust, operator procures around gas and oil wells, and use of diesel-powered equipment; making changes to who may serve on the board of Coal Mine Health and Safety; changing the board’s powers and duties; transferring the duties of the board of Miners’ Training, Education and Certification to the board of Coal Mine Health and Safety; transferring the duties of the former Mine Inspectors’ Examining Board to the board of Coal Mine Health and Safety; providing that the Mine Safety Technology Task Force to be continued as a part of the duties and powers of the board of Coal Mine Health and Safety; providing that mine rescue teams be staffed by the Office of Miners’ Health, Safety and Training; requiring a mine emergency plan be developed; establishing conditions when a person is permitted to perform mine rescue duties; deleting certain definitions; changing certain existing definitions; removing certain criminal penalties; and requiring rule-making”; to the Committee on Energy then the Judiciary.
By Delegate Shott and Mr. Speaker (Mr. Armstead):
H. B. 3030 - “A Bill to amend and reenact §58-5-1 of the Code of West Virginia, 1931, as amended, relating to appeals as a matter of right in the West Virginia Supreme Court of Appeals; providing that every party shall be afforded an opportunity to be heard on appeal unless expressly waived; and providing exceptions”; to the Committee on the Judiciary.
By Delegates Miley, Summers, Iaquinta, Pethtel, Hamrick, Longstreth, Ward, Caputo, R. Romine, Wagner and Queen:
H. B. 3031 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-41, relating to creating a state program allowing high school students advance to getting a college degree or technical training while in high school; authorizing the board of education to enter into agreements with colleges, career and technical schools; and providing scholarship and financial support for eligible students”; to the Committee on Education then Finance.
By Delegate Summers:
H. B. 3032 - “A Bill to amend and reenact §30-36-2 of the Code of West Virginia, 1931, as amended; relating to the practice of acupuncture”; to the Committee on Prevention and Treatment of Substance Abuse then Health and Human Resources.
By Delegates Sponaugle, Barrett, McGeehan and Folk:
H. B. 3033 - “A Bill to amend and reenact §17C-5-7 of the Code of West Virginia, 1931, as amended; to amend and reenact §17C-5A-1a, §17C-5A-3 and §17C-5A-3a of said code; and to amend said code by adding thereto a new section, designated §17C-5C-6, all relating to the procedures for driver’s license suspension and revocation in criminal proceedings for driving under the influence of alcohol, controlled substances or drugs (D.U.I.); eliminating all statutory provisions authorizing or requiring the Commissioner of the Division of Motor Vehicles to take administrative action upon an individual’s driver’s license on the basis of D.U.I. in the absence of a conviction or a court-ordered suspension or revocation; eliminating all statutory provisions authorizing or requiring the commissioner to require an individual to complete the Motor Vehicle Test and Lock program or other safety programs; creating a process by which an individual may notify the commissioner if his or her driver’s license has been incorrectly suspended or revoked based on mistaken identity of the defendant in a transcript of judgment or conviction; requiring the commissioner to take corrective action if a driver’s license is incorrectly suspended or revoked based on mistaken identity; completely transferring jurisdiction for suspension or revocation of a driver’s license based on D.U.I. to the court with jurisdiction over the criminal proceedings; requiring a defendant to surrender his or her driver’s license upon suspension by the court; requiring the clerk of a court to transmit a copy of an order suspending or revoking a driver’s license; establishing procedures and a timeline for the Division of Motor Vehicles to transfer jurisdiction of driver’s license suspension and revocation to the courts; and eliminating all statutory provisions authorizing or requiring the commissioner to prescribe the terms and conditions of driver’s license reissuance following D.U.I”; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Atkinson and Ward:
H. B. 3034 - “A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to exempting military retirement income from personal income tax after specified date”; to the Committee on Veterans’ Affairs and Homeland Security then Finance.
By Delegate Hornbuckle:
H. B. 3035 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-16A-1, §11-16A-2, §11-16A-3, §11-16A-4, §11-16A-5, §11-16A-6, §11-16A-7, §11-16A-8, §11-16A-9, §11-16A-10, §11-16A-11, §11-16A-12, §11-16A-13, §11-16A-14, §11-16A-15, §11-16A-16, §11-16A-17, §11-16A-18 and §11-16A-19, all relating to the legalization of marijuana; providing legislative findings; defining terms; allowing persons twenty-one years or older to use marijuana; authorizing personal cultivation in limited amounts; establishing prohibitions; establishing criminal penalties for underage sales, public consumption and use in a vehicle; requiring licensing for commercial growth and extraction; establishing requirements for sales and production establishments; allowing lawful possession, manufacture and sale of certain accessories; allowing commercial transport; prohibiting certain financial interests; requiring safety and warning labels for commercial sales; allowing local government to regulate and tax facilities; providing requirements for cultivation facilities; requiring certain state agencies to regulate and license various aspects of production, distribution and testing; establishing identification for purchase requirements; and providing that certain contracts are enforceable”; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Walters:
H. B. 3036 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-2-3a, relating to allowing county boards of education to hire retired teachers; providing that retired teachers may work for county board without effect on retirement benefits”; to the Committee on Education then Finance.
By Delegate Anderson:
H. B. 3037 - “A Bill to amend and reenact §5B-2F-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §5D-1-4 of said code, all relating to removing the Division of Energy as an independent agency; redesignating the Division of Energy as the Office of Energy within the Development Office of the Department of Commerce; and designating the Secretary of Commerce, or his or her designee as the Chair of the West Virginia Public Energy Authority Board”; to the Committee on Energy then Government Organization.
By Delegate Walters:
H. B. 3038 - “A Bill to amend and reenact §33-24-4 of the Code of West Virginia, 1931, as amended, relating to clarifying that merged care organizations are not exempt from payment of insurance premium taxes”; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Sponaugle:
H. B. 3039 - “A Bill to amend and reenact §8-4-10 of the Code of West Virginia, 1931, as amended, relating to allowing municipalities to cancel elections when only one person is running for each office up for election and deeming those elected by acclamation”; to the Committee on Political Subdivisions then the Judiciary.
By Delegate C. Miller:
H. B. 3040 - “A Bill to amend and reenact §3-1-17 of the Code of West Virginia, 1931, as amended; to amend and reenact §3-4A-11a of said code; to amend said code by adding thereto a new section, designated §3-5-6e; to amend and reenact §3-5-7 and §3-5-13 of said code; to amend and reenact §3-10-3 and §3-10-3a of said code; to amend and reenact §6-5-1 of said code; to amend said code by adding thereto a new article, designated §51-1B-1, §51-1B-2, §51-1B-3, §51-1B-4, §51-1B-5, §51-1B-6, §51-1B-7, §51-1B-8, §51-1B-9, §51-1B-10, §51-1B-11 and §51-1B-12; and to amend and reenact §58-5-1 of said code, all relating to creating a new court to be known as West Virginia Intermediate Court of Appeals; requiring election of judges of the intermediate court of appeals be on nonpartisan basis; requiring elections be on a division basis when more than one judge is to be elected; providing for timing and frequency of election; providing for commencement of terms of office; establishing ballot design and printing; providing that elections be held on same date as primary election; requiring nonpartisan ballots; establishing filing announcement of candidacies, including timing, location and necessary information; providing for order of appearance of offices on the ballot; establishing ballot content; providing procedures for filling of vacancies; providing occasions for special elections to be held to fill vacancies; requiring intermediate court of appeals be operational by July 1, 2018; establishing northern and southern districts; providing three judges for each district; establishing qualifications for judges; establishing court jurisdiction; providing for deflective review; providing West Virginia Supreme Court of Appeals will either keep an appeal or transfer it to intermediate court; designating the clerk of the supreme court as the clerk of the intermediate court of appeals; providing that certain appeals to be reviewed as a matter of right and those matters in which the appeals are discretionary; providing appeals in certain administrative cases are discretionary; authorizing appeals from intermediate court to supreme court; authorizing Governor make initial appointments by July 1, 2017; creating staggered terms; providing for elections for ten-year terms after initial appointments; authorizing a chief judge; authorizing staff for court and judges; providing for compensation and expenses of judges and staff; providing for temporary assignment of circuit court judges; authorizing supreme court to provide facilities, furniture, fixtures and equipment for intermediate court; establishing precedential effect of intermediate court orders and decisions; providing budget of intermediate court be part of supreme court budget; and providing for severability”; to the Committee on the Judiciary.
By Delegate Walters:
H. B. 3041 - “A Bill to amend and reenact §29-6-10 of the Code of West Virginia, 1931, as amended, relating to the classification plans for employees in the classified and classified-exempt service; exempting classification and pay grade from the Public Employees Grievance Procedure; and providing for reconsideration of allocations of positions to classifications”; to the Committee on Government Organization then the Judiciary.
By Delegate Walters:
H. B. 3042 - “A Bill to amend and reenact §22-6-8 of the Code of West Virginia, 1931, as amended, relating to the requirements for applicants to perform work on an existing oil and gas well or to drill a new well, as specifically described in §22-6-8 (c) and (d), and providing for the continued utilization of affidavits by permit applicants which allow for said permits, providing for the continued requirements of §22-6-8 that the working interest owner is required to tender to the owner of the oil and gas in place not less than 1/8th of the amount paid to, received by or allowed to the owner of the working interest in place”; to the Committee on Energy then the Judiciary.
By Delegate Rowe:
H. B. 3043 - “A Bill to amend and reenact §11-24-4 of the Code of West Virginia, 1931, as amended, relating to increasing the corporation net income tax”; to the Committee on Finance.
By Delegates Longstreth, Westfall, Bates, Fleischauer, Lane, R. Miller, Baldwin, Byrd, Hamilton and Hornbuckle:
H. B. 3044 - “A Bill to amend and reenact §11-19-1 and §11-19-2 of the Code of West Virginia, 1931, as amended, all relating to the tax on soft drinks; increasing the tax; modifying what drinks are covered by the tax; and providing an effective date”; to the Committee on Finance.
By Delegate Hornbuckle:
H. B. 3045 - “A Bill to amend and reenact §11-19-1 and §11-19-2 of the Code of West Virginia, 1931, as amended, all relating to the tax on soft drinks; modifying the tax to only cover sugary drinks; modifying the tax to two cents per ounce; redistributing the revenue generated to all three medical schools in the state and providing for an effective date”; to the Committee on Finance.
By Delegate Rowe:
H. B. 3046 - “A Bill to amend and reenact §11-19-2 of the Code of West Virginia, 1931, as amended, relating to imposing an additional excise tax on soft drinks; and dedicating the revenues from the additional tax to the General Revenue Fund”; to the Committee on Finance.
By Delegate Eldridge:
H. B. 3047 - “A Bill to amend and reenact §18-7D-6 of the Code of West Virginia, 1931, as amended, relating to extending the time that teachers may pay into the State Teachers Retirement System after transfer from the Teachers’ Defined Contribution Retirement System”; to the Committee on Education then Finance.
By Delegates R. Miller, Marcum, Caputo and Phillips:
H. B. 3048 - “A Bill to amend and reenact §15-5A-5 of the Code of West Virginia, 1931, as amended, relating to collection of Tier II fees for chemical inventories”; to the Committee on Government Organization then Finance.
By Delegate Maynard:
H. B. 3049 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §30-31A-1, §30-31A-2, §30-31A-3 and §30-31A-4, all relating to creating the West Virginia Counseling Protection Act; prohibiting state agencies and political subdivisions from denying or restricting mental health providers from providing counseling, or any patient from receiving counseling, intended to aid patients in self-determined objectives; providing for judicial relief; providing for attorney fees and costs; providing a purpose; making findings; and defining terms”; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Maynard:
H. B. 3050 - “A Bill to amend and reenact §11-13A-3 of the Code of West Virginia, 1931, as amended, relating to creating a special revenue account for each county in the State of West Virginia for coal severance taxes; and making the funds in the special revenue account exclusively available for use by county governments”; to the Committee on Political Subdivisions then Finance.
By Mr. Speaker (Mr. Armstead):
H. B. 3051 - “A Bill to amend the Code of West Virginia, 1931, by adding thereto a new article, designated §4-4-1, §4-4-2, §4-4-3, §4-4-4, §4-4-5 and §4-4-6, all relating to the Appropriation Supremacy Act of 2017; providing title; defining appropriation; stating findings and purpose; establishing that appropriations by the Legislature take precedence over contrary directives in statute or rules; providing for liberal construction of article; and recognizing Constitutional restrictions on appropriations”; to the Committee on the Judiciary then Finance.
By Delegates Arvon, Kessinger, Upson, Sobonya, Rowan, C. Miller, Blair, Sypolt, N. Foster and Frich:
H. B. 3052 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2P-1, relating to prohibiting state funding of abortions”; to the Committee on the Judiciary.
By Delegates Howell, Dean, Maynard, Blair, N. Foster, G. Foster, Harshbarger, Hill, McGeehan, Paynter and Queen:
H. B. 3053 - “A Bill to amend and reenact §17C-15-2 and §17C-15-17 of the Code of West Virginia, 1931, as amended, all relating to motor vehicle lighting; clarifying when certain lights are functional; allowing certain lamps and lighting devices be uncovered in certain circumstances; and allowing two auxiliary lamps”; to the Committee on Government Organization.
By Delegates Sponaugle, Williams, Hartman and Lynch:
H. B. 3054 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-3-37a, relating to a five percent bid preference on certain state contracts for businesses owned fifty-one percent by honorably discharged resident veterans”; to the Committee on Veterans’ Affairs and Homeland Security then Finance.
By Delegates Howell, Walters, Hamrick, Householder, Criss, Arvon and Storch:
H. B. 3055 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §5A-2-35 and §5A-2-36, all relating to the preparation of a comprehensive annual financial report; requiring training; requiring notice; requiring reporting; proscribing penalties for noncompliance; providing for an administrative appeal; and establishing deadlines for creation of the comprehensive annual financial report”; to the Committee on Government Organization then Finance.
By Delegates Overington, Rohrbach, Upson, Frich, G. Foster, Statler, C. Miller, Paynter, Moore, N. Foster and Sobonya:
H. B. 3056 - “A Bill to amend and reenact §18C-7-6 of the Code of West Virginia, 1931, as amended, relating to removing the requirement that home schooled students have to acquire a general equivalency degree (GED) in order to be eligible to receive a PROMISE scholarship”; to the Committee on Education then the Judiciary.
By Delegates Fluharty, Fleischauer, Bates, Baldwin, Lovejoy, Ferro, Canestraro, Barrett and Williams:
H. B. 3057 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-11-4c, relating to insurance unfair trade practices; prohibiting use of a person’s credit history in certain insurance transactions”; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Rowe:
H. B. 3058 - “A Bill to amend and reenact §33-3-14a of the Code of West Virginia,1931, as amended, relating to raising the insurance premium tax for two years”; to the Committee on Banking and Insurance then Finance.
By Delegates Lane, Hanshaw, Butler and Byrd:
H. B. 3059 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-2-12b, relating to providing for the voluntary valuation of water and sewer systems for ratemaking purposes”; to the Committee on Government Organization then the Judiciary.
By Delegate Rowe:
H. B. 3060 - “A Bill to amend and reenact §11-13-2o of the Code of West Virginia, 1931, as amended, relating to increasing the business and occupation tax on generating electricity for two years”; to the Committee on Energy then Finance.
By Delegates Upson, Espinosa, Westfall, Statler, Cooper, Rowan, R. Romine and Higginbotham:
H. B. 3061 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5E-8, relating to encouraging mastery-based education through the Innovation In Schools program; making findings and stating purpose; providing definitions; specifying duties of Department of Education with respect to program; providing for Innovation In Education/Mastery Based designations for award of grants and other financial assistance; requiring participation in incubator process; prohibiting penalties for student who transfers from mastery-based to nonmastery-based schools; and requiring institutions of higher education to recognize and accept high school diplomas on equal footing”; to the Committee on Education.
By Delegate Shott:
H. B. 3062 - “A Bill to repeal §5-3-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §5-3A-1, §5-3A-2, §5-3A-3, §5-3A-4, §5-3A-5 and §5-3A-6, all relating to creating the state Settlement and Recovered Funds Accountability Act; repealing provision governing fees to be paid into State Treasury by the Attorney General; providing a short title; setting forth legislative findings; directing that recovered funds and assets to be deposited into the State Treasury in the General Revenue Fund; directing that recovered funds and assets be held in trust to be deposited into a special revenue account in the State Treasury; prohibiting agreements to settlement or agreement terms that are contrary to the depositing of funds in the State Treasury; establishing a special fund to be known as the Attorney General Litigation Support Fund; authorizing the deposit and expenditure of attorney fees, expenses and costs awarded to the Attorney General from the fund; requiring quarterly reporting by the Attorney General as to the disposition of matters; and requiring reporting to the State Auditor relating to contracted legal services”; to the Committee on the Judiciary then Finance.
By Delegate Rowe:
H. B. 3063 - “A Bill to amend and reenact §11-27-9 and §11-27-15 of the Code of West Virginia, 1931, as amended, all relating to raising the tax on providers of inpatient and outpatient hospital services for two years”; to the Committee on Health and Human Resources then Finance.
By Delegates Atkinson, Mr. Armstead (Mr. Speaker), Hill and Sobonya:
H. B. 3064 - “A Bill to amend and reenact §17C-17-11 of the Code of West Virginia, 1931, as amended, relating to permitting the Division of Highways to issue annual permits allowing vehicles of a size and weight exceeding certain specifications to operate over routes specified by the commissioner”; to the Committee on the Judiciary.
By Delegate Butler:
H. B. 3065 - “A Bill to amend and reenact §15-2-5; of the Code of West Virginia, 1931, as amended; relating to adding the classification and base salaries of certain civilian employees of the West Virginia State Police Forensic Laboratory as Evidence Technicians, Forensic Technicians, Forensic Analysts and Forensic Analysts Supervisors”; to the Committee on the Judiciary then Finance.
By Delegates Sobonya, Overington, Shott, Hamrick, Gearheart, C. Miller and Kessinger:
H. B. 3066 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-23-30; to amend said code by adding thereto a new section, designated §29-22-31; to amend said code by adding thereto a new section, designated §29-22A-20; and to amend said code by adding thereto a new section, designated §29-22C-35, all relating to redirecting certain racing and gaming revenues from greyhound development funds to the State General Revenue Fund”; to the Committee on Finance.
By Delegates Fluharty, Hornbuckle, Pushkin, Canestraro and Bates:
H. B. 3067 - “A Bill to amend the Code of West Virginia, 1931, as amended by adding thereto a new article, designated §29-25A-1, §29-25A-2, §29-25A-3, §29-25A-4, §29-25A-5, §29-25A-6, §29-25A-7, §29-25A-8 and §29-25A-9, all relating to legalizing interactive gaming; providing legislative findings; establishing licensing requirements; limiting licensing to existing gaming facilities; providing that the Lottery Commission regulate interactive gaming; providing operations controls; providing prohibitions and criminal penalties; assessing gaming and licensing fees; incorporating rules and statutes applicable to interactive gaming; and providing a tax and administration of the tax for operation of an interactive gaming license”; to the Committee on the Judiciary then Finance.
By Delegates Fluharty, Pushkin, Canestraro, Hornbuckle, Williams, Barrett, Baldwin and Rowe:
H. B. 3068 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-25; to amend said code by adding thereto a new section, designated §18-2-41; and to amend said code by adding thereto a new section, designated §18B-2A-9, all relating to establishing the ‘Stay in State’ tax credit against personal income for higher education tuition for certain state residents; creating credit for student loan payments for all in-state community college, college or university undergraduates and their in-state employers against personal income tax; establishing conditions and qualifications for the tax credit; providing methodology for calculating credit; providing for graduate and employer eligibility for payments against student loans for employees; defining terms; and providing that the board of education, State Board of Education and governing boards of colleges promotion of the program”; to the Committee on Education then Finance.
By Delegates Eldridge, Ferro and Pethtel:
H. B. 3069 - “A Bill to amend and reenact §49-2-101 of the Code of West Virginia, 1931, as amended; and to amend and reenact §62-15A-2 of said code, all relating to permitting persons who voluntarily enroll in a drug rehabilitation program to be included in an existing pilot program; and authorizing the Department of Health and Human Resources to care for the children of those persons who voluntarily enroll in a drug rehabilitation program included in that pilot program”; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Eldridge, Hornbuckle, R. Miller, Rodighiero, Atkinson, Baldwin, Zatezalo, Maynard, Queen and Frich:
H. B. 3070 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §48-9-605, relating to permitting parents to petition the court for visitation on Mother’s Day and Father’s Day”; to the Committee on the Judiciary.
By Delegate Summers:
H. B. 3071 - “A Bill to amend and reenact §9-5-9 and §9-5-18 of the Code of West Virginia, 1931, as amended, all relating to indigent burial; providing for liability of spouses or relatives for certain expenses of an indigent person; eliminating liability of certain persons for support of an indigent person; defining terms; limiting liability of certain persons for funeral expenses of an indigent person; authorizing department to require certain financial information; requiring certain sworn statements regarding ability to pay for funeral services for an indigent person; limiting the total number of indigent funeral services that may be paid for by the Department of Health and Human Resources per year; and requiring cremation under certain circumstances”; to the Committee on Finance.
By Delegate Gearheart:
H. B. 3072 - “A Bill to amend and reenact §29-22A-10 of the Code of West Virginia, 1931, as amended; and to amend and reenact §29-25-22 and §29-25-22b of said code, all relating to ending transfers to the Licensed Racetrack Modernization Fund; transferring funds remaining in the Licensed Racetrack Modernization Fund and the Historic Resort Hotel Modernization Fund to the General Revenue Fund of the state during the fiscal year ending June 30, 2017; providing exceptions for recoupment of certain expenditures for eligible facility modernization improvements from the Licensed Racetrack Modernization Fund; and closing the Licensed Racetrack Modernization Fund and the Historic Resort Hotel Modernization Fund”; to the Committee on the Judiciary then Finance.
By Delegate Rowe:
H. B. 3073 - “A Bill to amend and reenact §16-13a-3 of the Code of West Virginia, 1931, as amended, relating generally to public service districts and their boards; decreasing the population size of towns that may appoint a member to the board; decreasing the population size of towns that may appoint additional members to the board; increasing the number of board members in certain cases; and providing that the secretary and treasurers of the boards are to be paid reasonable salaries approved by a majority of the board members”; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Walters, Ambler, Wilson, Maynard, Paynter and Rowe:
H. B. 3074 - “A Bill to amend and reenact §11-16-3 of the Code of West Virginia, 1931, as amended, relating to increasing the volume of alcohol that nonintoxicating beer and nonintoxicating craft beer may contain from twelve to eighteen percent”; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Criss, Iaquinta, Williams, Pyles, Higginbotham, Dean, Hartman, Blair, Westfall and Butler:
H. B. 3075 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto sixteen new sections, designated §30-20A-1; §30-20A-2; §30-20A-3; §30-20A-4; §30-20A-5; §30-20A-6; §30-20A-7; §30-20A-8; §30-20A-9; §30-20A-10; §30-20A-11; §30-20A-12; §30-20A-13; §30-20A-14; §30-20A-15 and §30-20A-16, all relating to licensing the practice of athletic training; and providing criminal penalties”; to the Committee on Government Organization then the Judiciary.
By Delegate Westfall:
H. B. 3076 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-6-31i, relating to immunity from liability to uninsured motorists; providing exceptions; and defining terms”; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Walters, Fleischauer, Kessinger, Paynter, E. Evans, Storch, Fluharty, Longstreth, Pushkin, Lane and Rowe:
H. B. 3077 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §31A-9-1, relating to preventing discrimination on the basis of sex or marital status by a financial institution or person in relation to the issuance or operation of insurance or pension or retirement plans or coverage”; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Rowe, Miley, Espinosa, Cooper, Baldwin, Pushkin, Wagner, Fleischauer, Rowan, Hornbuckle and Robinson:
H. B. 3078 - “A Bill to amend and reenact §18C-1-1, §18C-1-3 and §18C-1-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §18C-7A-1, §18C-7A-2, §18C-7A-3, §18C-7A-4, §18C-7A-5 and §18C-7A-6, all relating to creation of a merit-based scholarship program for tuition and fee payments for certain students at state community and technical colleges”; to the Committee on Education then Finance.
By Delegates O’Neal, Upson, Householder, Hanshaw and Sobonya:
H. B. 3079 - “A Bill to amend and reenact §29-19-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two sections, designated as §29-19-10a and §29-19-10b, all relating to records of charitable institutions; providing records of such institutions may be made public; defining terms; providing for nondisclosure of charitable donors generally; providing exceptions; providing for suits for enforcement; providing for an escheat to the state of damages; reserving an exception for costs and fees; providing for punitive damages in cases of intentional violation”; to the Committee on the Judiciary.
By Mr. Speaker (Mr. Armstead), Delegates Maynard, Cooper, Overington and Moye:
H. B. 3080 - “A Bill to amend and reenact §18-2-9 of the Code of West Virginia, 1931, as amended, relating to recognition of ‘Celebrate Freedom Week’ in schools and requiring instruction in the Declaration of Independence and the United States Constitution as a component thereof”; to the Committee on Education.
By Delegates Walters, Boggs, Bates, Westfall, Caputo, Howell, R. Romine, Phillips, Lane, Byrd and Anderson:
H. B. 3081 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-2A-25, relating to requiring the Secretary of the Department of Transportation, in conjunction with the Commissioner of Highways and the Commissioner of Motor Vehicles, to conduct a study to determine the amount of revenue to be derived from instituting tolls on I-70 in West Virginia’s northern panhandle and I-81 in the eastern panhandle; and providing that study be submitted no later than December 31, 2017”; to the Committee on Roads and Transportation then Finance.
By Delegate Walters:
H. B. 3082 - “A Bill to amend and reenact §29-6-10 of the Code of West Virginia, 1931, as amended, relating to establishing a different amount of annual leave for state employees hired after June 30, 2017”; to the Committee on Government Organization then Finance.
By Delegate Walters:
H. B. 3083 - “A Bill to amend and reenact §29-6-10 of the Code of West Virginia, 1931, as amended, relating to eliminating annual and sick leave for state employees; replacing those two types of leave with personal leave; establishing a different amount of personal leave for employees hired after June 30, 2017; and decreasing the amount of personal leave time an employee may carry-forward”; to the Committee on Government Organization then Finance.
By Delegates Barrett, Householder and Walters:
H. B. 3084 - “A Bill to repeal §33-11-1, §33-11-2, §33-11-3, §33-11-4, §33-11-4a, §33-11-4b, §33-11-5, §33-11-5a, §33-11-6, §33-11-7, §33-11-8, §33-11-9 and §33-11-10 of the Code of West Virginia, 1931, as amended, all relating to unfair trade practices”; to the Committee on the Judiciary.
By Delegate Ellington:
H. B. 3085 - “A Bill to amend and reenact §11-19-1 and §11-19-2 of the Code of West Virginia, 1931, as amended, all relating to the tax on bottled soft drinks; modifying the tax to 1¢ per ounce; redistributing the revenue generated to all three medical schools in the state; rearranging and updating definitions; and providing an effective date”; to the Committee on Health and Human Resources then Finance.
By Delegates Walters, Frich, Rohrbach, Lovejoy and Rowe:
H. B. 3086 - “A Bill to amend and reenact §31-15-3 of the Code of West Virginia, 1931, as amended, relating to the West Virginia Economic Development Authority; and creating a minority economic development advisory team to assist the Director of the Economic Development Authority in developing and implementing a procedure to address employment and economic development problems of minority populations of West Virginia”; to the Committee on Government Organization then Finance.
By Delegate Rowe:
H. B. 3087 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-8-1, §5B-8-2 and §5B-8-3, all relating to establishment of an Economic and Community Development Task Force; composition of task force; and requiring a report of task force to Joint Committee on Government and Finance”; to the Committee on Government Organization then Finance.
By Delegates Espinosa, Statler, Higginbotham and Dean:
H. B. 3088 - “A Bill to amend and reenact §18-5-18a of the Code of West Virginia, 1931, as amended, relating generally to teacher-pupil ratios; removing teacher-pupil ratio for grade six classes; and requiring the West Virginia Board of Education to collect class size information and number of pupils per teacher for grade six classes and report such information to the Legislative Oversight Committee on Education Accountability”; to the Committee on Education.
By Delegates Espinosa, Statler, Higginbotham, Upson, Cooper, Rowan, Harshbarger and Dean:
H. B. 3089 - “A Bill to amend the Code of West Virginia, 1931, as amended; by adding thereto a new section, designated §18-2A-10, relating to the adoption of instructional resources for use in the public schools; providing for transition to new provisions for instructional resources adoption; defining instructional resources; requiring state board policy on required criteria included in instructional resources and requiring resources adopted to substantially cover; requiring pricing statement to be filed with state superintendent by person, firm or corporation desiring to sell instructional resources; prohibiting adoption or use unless of person firm or corporation not complying; disqualification of person, firm or corporation for failure to honor terms of filing; supplementary resources exempted; provisions for furnishing necessary instructional resources to students; requiring county board policy on instructional resources adoption and specifying minim provisions; and prohibiting board of education member or employee from acting as sales agents for person, firm or corporation filing statement with superintendent”; to the Committee on Education.
By Delegates Walters, Frich and Rowe:
H. B. 3090 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-18f, relating to county boards of education; licensed school psychologists; and providing that maximum licensed school psychologist-pupil ratio is one thousand five hundred pupils for each licensed school psychologist”; to the Committee on Education then Finance.
By Delegates Nelson and Boggs:
H. B. 3091 - “A Bill to amend and reenact §11-21-74 of the Code of West Virginia, 1931, as amended, relating generally to employer withholding taxes; changing due date for employers to file annual reconciliation and withholding statements with Tax Commissioner to January 31, requiring certain employers to file W-2 information electronically with the Tax Commissioner; and deleting obsolete language”; to the Committee on Finance.
By Delegate Phillips:
H. B. 3092 - “A Bill to amend and reenact §11-1C-10 of the Code of West Virginia, 1931, as amended, relating to the valuation of oil and gas producing property through use of a yield capitalization model or use of actual costs when provided”; to the Committee on Energy then Finance.
By Delegates Hanshaw, Shott and Capito:
H. B. 3093 - “A Bill to repeal §31-15C-1, §31-15C-2, §31-15C-3, §31-15C-4, §31-15C-5, §31-15C-6, §31-15C-7, §31-15C-8, §31-15C-9, §31-15C-12 and §31-15C-13 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new chapter, designated §31G-1-1, §31G-1-2, §31G-1-3, §31G-1-4, §31G-1-5, §31G-1-6, §31G-1-7, §31G-1-8, §31G-1-9, §31G-1-10, §31G-1-11, §31G-1-12, §31G-1-13; §31G-1-14, §31G-2-1, §31G-2-2, §31G-2-3, §31G-2-4, §31G-2-5, §31G-2-6, §31G-2-7, §31G-2-8, §31G-2-9, §31G-2-10, §31G-2-11, §31G-2-12, §31G-2-13; §31G-2-14, §31G-2-15, §31G-2-16, §31G-2-17, §31G-2-18, §31G-2-19, §31G-2-20, §31G-2-21, §31G-2-22, §31G-2-23, §31G-2-24, §31G-2-25, §31G-2-26, §31G-2-27; §31G-2-28, §31G-3-1, §31G-3-2, §31G-4-1, §31G-4-2, §31G-4-3, §31G-5-1 and §31G-5-2, all relating to establishing Broadband Enhancement and Expansion Polices; re-establishing the Broadband Enhancement Council; defining terms; revising council powers and duties; directing council to publish an annual assessment and map of broadband in the state; authorizing council to create an interactive map of broadband services; revising terms for retention of expert consultants; authorizing collection of data by council; authorizing creation of guideline and recommendation to the Legislature for pilot project for municipalities and counties to form non-profit cooperative associations for internet services; authorizing creation of guideline and recommendation to the Legislature for voluntary pipeline donation program to facilitate broadband services; authorizing creation of guideline and recommendation to the Legislature for easement program to facilitate broadband services; authorizing council to seek, utilize and dispense non-state funding and grants; providing for legislative rulemaking authority; authorizing formation of cooperative associations for internet services; providing for who may organize a cooperative association; defining terms; setting forth legislative findings and purpose; establishing the powers of such associations; setting forth all conditions, rights and responsibilities of such cooperative associations; declaring that cooperative association not deemed a restraint in trade; providing for the application of corporation laws; providing for microtrenching; defining terms; providing for make-ready pole access; defining terms; setting forth procedure for attaching items to third-party facilities and poles; providing for exceptions to make-ready pole access; prohibiting internet service providers from advertising or including as a contract term the downstream data rate or upstream data rate service solely in terms of the maximum anticipated data rate or as an ‘up to’ speed; authorizing advertisement or contracting in terms of minimum data speeds; declaring violation to be an unfair or deceptive act or practice; and authorizing enforcement and remedy under the Consumer Credit and Protection Act”; to the Committee on the Judiciary.
By Delegate Anderson:
H. B. 3094 - “A Bill to amend and reenact §37‑7‑2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new chapter, designated §37B‑1‑1, §37B‑1‑2, §37B‑1‑3, §37B‑1‑4, §37B‑1‑5, §37B‑1‑6 and §37B‑1‑7, all relating to real property generally; providing an exception to waste for certain oil and gas development; providing a short title; providing declarations of public policy and legislative findings; providing definitions; providing that consent for the lawful use of the oil and gas mineral property by three‑fourths of mineral interest owners is permissible, not waste and not trespass; providing that cotenants are not liable for damages for as a result of the lawful use of oil and gas mineral property when an accounting is provided and a pro rata share of revenues and costs are distributed to or reserved for each unknown or unlocatable cotenant; allowing for an acreage weighted average royalty interest, free of post‑production expenses, to each nonconsenting cotenant; permitting for the joint development by horizontal drilling of multiple adjacent leases held by the same operator if the operator has a surface use agreement with all surface owners whose tracts may be disturbed by joint development; providing that royalties distributed to royalty owners affected by joint development may not be reduced by post‑production expenses; providing for severability of provisions”; to the Committee on Energy then the Judiciary.
By Delegate Espinosa:
H. B. 3095 - “A Bill to amend §18-7A-13a of the Code of West Virginia, 1931, as amended, relating to allowing retired teachers to be employed by a higher education institution, the Higher Education Policy Commission or the council for community and technical college education without forfeiting their retirement”; to the Committee on Education.
By Delegate Espinosa:
H. B. 3096 - “A Bill to repeal §8-16-19 of the Code of West Virginia, 1931, as amended; and to amend and reenact §16-13A-9; and to amend and reenact §24-1-1b of said code; and to amend and reenact §24-2-1, §24-2-3, §24-2-4b and §24-2-11 of said code, all relating to operation and regulation of certain water and sewer utilities owned or operated by political subdivisions of the state; deleting reference to appeals to the Public Service Commission from actions of municipal boards that are not subject to the jurisdiction of the Public Service Commission; detailing the authority of county commissions to modify proposed rates for certain water and sewer utilities; providing for complaints to be filed with the circuit courts pertaining to rates and charges enacted as proposed or as modified or rejected by the county commission and requiring the circuit court to act within one hundred twenty days of receipt of the complaint; eliminating the Public Service Commission’s authority regarding stormwater utilities; providing time limits for the filing of requests for investigation pertaining to political subdivisions of this state providing separate or combined water and/or sewer services and having at least four thousand five hundred customers and annual combined gross revenues of $3 million or more; specifying time limits for resolution complaints; eliminating the authority of the Public Service Commission to resolve complaints of customers of water and sewer utilities operated by a political subdivision of the state having at least four thousand five hundred customers and annual combined gross revenues of $3 million or more; clarifying the jurisdiction of the Public Service Commission relating to rates for municipal water and/or sewer utilities having less than four thousand five hundred customers or annual combined gross revenues of less than $3 million; and revising the notice and procedure provisions for construction projects for political subdivisions of this state providing separate or combined water and/or sewer services and having at least four thousand five hundred customers and annual combined gross revenues of $3 million or more”; to the Committee on Political Subdivisions then Finance.
By Delegates Butler, Kessinger and Arvon:
H. B. 3097 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-31, relating to ensure that, in all cases where state action is alleged to substantially burden the exercise of a First Amendment right, that a compelling interest test is mandated, and, strict scrutiny is applied”; to the Committee on the Judiciary.
By Delegate G. Foster:
H. B. 3098 - “A Bill to amend and reenact §60A-4-412 of the Code of West Virginia, 1931, as amended, relating to the crime of defrauding drug and alcohol screening tests and its penalties”; to the Committee on the Judiciary.
By Delegates Kelly, Zatezalo, Hollen, Maynard, Sypolt and Higginbotham:
H. B. 3099 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §7-28-1, related to providing counties the power to establish a county sales tax if there is a municipality within their borders participating in the Municipal Home Rule Pilot Program that has enacted a municipal home rule sales tax; establishing county tax will not be in effect for municipality that has enacted municipal home rule sale tax; and requiring county to submit county tax to Tax Commissioner”; to the Committee on Political Subdivisions then Finance.
The following bill was introduced pursuant to House Rule 92:
By Delegates Marcum, Maynard, Dean, Wilson, Paynter, Phillips, R. Miller, Hicks, Thompson, Eldridge and Westfall:
H. B. 3100 - “A Bill to amend and reenact §61-3-20 of the Code of West Virginia, 1931, as amended, relating to increasing penalties for public school employees that embezzle public funds”; to the Committee on Education then the Judiciary.
Special Calendar
Unfinished Business
The following resolutions, coming up in regular order, as unfinished business, were reported by the Clerk and adopted:
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,
Com. Sub. for H. C. R. 37, U.S. Army SPC William L. Amos Memorial Bridge,
And,
H. C. R. 60, William “Bill” R. VanGilder Memorial Bridge.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Third Reading
Com. Sub. for H. B. 2007, Eliminating courtesy patrol programs; 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. 86), and there were--yeas 58, nays 41, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Baldwin, Barrett, Bates, Boggs, Brewer, Byrd, Canestraro, Caputo, Deem, Diserio, Eldridge, E. Evans, Fleischauer, Fluharty, Hartman, Hicks, Hollen, Hornbuckle, Iaquinta, Isner, Kelly, Longstreth, Love, Lovejoy, Lynch, Marcum, Miley, R. Miller, Moye, O’Neal, Paynter, Pethtel, Phillips, Pushkin, Pyles, Rodighiero, Sponaugle, Thompson, Ward, Williams and Zatezalo.
Absent and Not Voting: Ferro.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2007) passed.
On motion of Delegate Nelson, the title of the bill was amended to read as follows:
Com. Sub. for H. B. 2007 - “A Bill to amend and reenact §17-1-3 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §17-16A-6a, all relating to eliminating the courtesy patrol program and the Courtesy Patrol Fund administered by the Division of Highways; limiting the use of expenditures from the Courtesy Patrol Fund; and prohibiting the Parkways Authority from operating a courtesy patrol program.”
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 2119, Repealing West Virginia Health Benefit Exchange 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. 87), and there were, including 2 paired--yeas 68, nays 31, absent and not voting 1, with the paired, nays and absent and not voting being as follows:
Pursuant to House Rule 43, the following pairing was filed and announced by the Clerk:
Paired:
Yea: Marcum Nay: Rowe
Nays: Baldwin, Barrett, Bates, Boggs, Brewer, Byrd, Canestraro, Caputo, Diserio, Eldridge, E. Evans, Fleischauer, Fluharty, Hartman, Hicks, Hornbuckle, Iaquinta, Isner, Lovejoy, Lynch, Miley, R. Miller, Moye, Pushkin, Pyles, Robinson, Rodighiero, Sponaugle, Thompson and Williams.
Absent and Not Voting: Ferro.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2119) 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. 2518, Creating a legislative rule to permit a pharmacist or pharmacy intern to administer certain immunizations; on third reading, coming up in regular order, with restricted right to amend, was reported by the Clerk.
On motion of Delegates Ellington, Summers, Howell, Arvon and Folk, the bill was amended on page four, line ninety, after the word “eighteen”, by inserting a comma and the words “with written informed parental consent”.
Having been engrossed, the bill was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 88), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Paynter.
Absent and Not Voting: Ferro and Marcum.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2518) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading
Com. Sub. for H. B. 2618, Relating to body mass index; on second reading, coming up in regular order, was read a second time.
On motion of Delegate Summers, the bill was amended on page two, section seven-a, line thirty-five, after the word “endurance”, by striking out the comma and inserting the word “and”.
And,
On page two, section seven-a, line thirty-five, after the word “flexibility”, by inserting a period and striking out the remainder of the sentence.
The bill was ordered to engrossment and third reading.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
S. B. 330, Relating to WV Workplace Freedom Act,
Com. Sub. for H. B. 2373, Authorizing school bus drivers trained in administration of epinephrine auto-injectors to administer auto-injectors,
H. B. 2427, Requiring agencies listed in the online state phone directory to update certain employee information,
H. B. 2446, Relating to the requirement that all executive branch agencies maintain a website that contains specific information,
H. B. 2522, Nurse licensure compact,
Com. Sub. for H. B. 2601, Relating to municipal policemen’s or municipal firemen’s pension and relief funds,
Com. Sub. for 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,
Com. Sub. for H. B. 2631, Relating to time standards for disposition of complaint proceedings,
Com. Sub. for H. B. 2649, Adding violations of law upon which a public servant’s retirement plan may be forfeited,
Com. Sub. for H. B. 2683, Relating to West Virginia Insurance Guaranty Association Act,
Com. Sub. for H. B. 2792, Requiring the Library Commission to survey the libraries of the state,
And,
H. B. 2796, Relating to the West Virginia National Guard entering into contracts and subcontracts for specialized technical services.
Leaves of Absence
At the request of Delegate Cowles, and by unanimous consent, leave of absence for the day was granted Delegate Ferro.
Miscellaneous Business
Delegate Kelly asked and obtained unanimous consent that the remarks of Delegate Zatezalo during Remarks by Members today be printed in the Appendix to the Journal.
Delegate Caputo asked and obtained unanimous consent that the remarks of Delegates Boggs and E. Evans regarding Com. Sub. for H. B. 2007 be printed in the Appendix to the Journal.
Delegate Howell asked and obtained unanimous consent that the remarks of Delegate Householder during Remarks by Members today be printed in the Appendix to the Journal.
Delegate Caputo asked and obtained unanimous consent that the remarks of Delegates Miley, Iaquinta, Robinson and Hornbuckle during Remarks by Members today be printed in the Appendix to the Journal.
Delegate Ambler filed a form with the Clerk’s Office per House Rule 94b to be added as a cosponsor of H. B. 2451.
Delegate Fast filed forms with the Clerk’s Office per House Rule 94b to be added as a cosponsor of H. B. 2547 and H. B. 2845.
Delegate Frich filed a form with the Clerk’s Office per House Rule 94b to be added as a cosponsor of H. B. 3034.
Delegate Overington filed a form with the Clerk’s Office per House Rule 94b to be added as a cosponsor of H. B. 2552.
Delegate Ward filed a form with the Clerk’s Office per House Rule 94b to be removed as a cosponsor of H. B. 2882.
Delegate Maynard filed a form with the Clerk’s Office per House Rule 94b to be removed as a cosponsor of H. B. 2914.
Delegates Ambler, Eldridge, Lewis and Romine filed a form with the Clerk’s Office per House Rule 94b to be added as a cosponsor of H. B. 2947.
Delegate Capito filed forms with the Clerk’s Office per House Rule 94b to be added as a cosponsor of H. B. 2998 and H. B. 3030.
Delegate Westfall filed a form with the Clerk’s Office per House Rule 94b to be added as a cosponsor of H. B. 3064.
Delegate R. Miller filed a form with the Clerk’s Office per House Rule 94b to be removed as a cosponsor of H. B. 2793.
Delegates Householder, Moore and Upson filed forms with the Clerk’s Office per House Rule 94b to be removed as cosponsors of H. B. 2955.
At 12:28 p.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, March 15, 2017.