__________*__________

Monday, January 15, 2018

SIXTH DAY

[MR. SPEAKER, MR. ARMSTEAD, IN THE CHAIR]

The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Tim Armstead, Speaker.

Prayer was offered and the House was led in recitation of the Pledge of Allegiance.

The Clerk proceeded to read the Journal of Friday, January 12, 2018, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

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. 4024, Relating generally to direct cremation or direct burial expenses for indigent persons,

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. 4024) 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. 4005, Clarifying that appeals to the Supreme Court are a matter of right,

And reports the same back with the recommendation that it do pass.

Messages from the Executive

and other Communications

The following letter from the Legislative Rule-Making Review Committee was read by the Clerk:

West Virginia Legislature

Legislative Rule-Making Review Committee

State Capitol

Charleston, West Virginia 25305

December 19, 2017

The Honorable Clark Barnes

Clerk, West Virginia Senate

State Capitol

Charleston, WV 25305

The Honorable Steve Harrison

Clerk, West Virginia House of Delegates

State Capitol

Charleston, WV 25305

Gentlemen:

In accordance with the provisions of W.Va. Code, §29A-3-12, we have attached copies of the proposed legislative rules which have been submitted to and acted upon by the Legislative Rule-Making Review Committee, pursuant to the provisions of W.Va. Code, §29A-3-11, and which have not previously been submitted to the Legislature for study.

Also, attached is a report listing the proposed legislative rules considered by the Committee, and setting forth the recommendations of the Committee with respect to the proposed legislative rules. This letter also serves as a statement that a separate bill authorizing the promulgation of each proposed legislative rule has been drafted by the staff of the Legislative Rule-Making Review Committee.

In accordance with W.Va. Code, §29A-3-11, the draft bills are available for any member to introduce to the Legislature. The undersigned, as Co-Chairs of the Legislative Rule-Making Review Committee, are requesting that Senator Maynard’s name be placed on the draft bills as the sponsor in the Senate, and Delegate Sobonya and Delegate Frich’s, names be placed on the draft bills as the sponsors in the House of Delegates.

Thank you for your cooperation.

Sincerely,

Mark Maynard,

Senate.

Kelli Sobonya,

House of Delegates.

Report of the Legislative Rule-Making Review Committee

West Virginia Legislature

Legislative Rule-Making Review Committee

State Capitol

Charleston, West Virginia 25305

December 19, 2017

West Virginia Legislature

State Capitol

Charleston, West Virginia

Ladies and Gentlemen:

In accordance with the provisions of West Virginia Code, '29A‑3-12, as chairpersons of the Legislative Rule-Making Review Committee we submit this report of its activities. A bill, in the form approved by the Committee, authorizing each of the proposed legislative rules below as submitted, as modified, as modified and amended, or as amended have been drafted by staff of the Legislative Rule-Making Review Committee pursuant to West Virginia Code '29A-3-11.

The Committee submits the following proposed rules to the Legislature with the recommendation that the proposed rules be authorized for promulgation by the respective agencies as submitted:

Administration, Department of

Parking, 148 CSR 6 [H. B. 4086]

DEP ‑ Air Quality Board

Standards of Performance for New Stationary Sources, 45 CSR 16 [H. B. 4074]

DEP ‑ Air Quality Board

Control of Air Pollution from Municipal Solid Waste Landfills, 45 CSR 23

[H. B. 4089]

DEP ‑ Air Quality Board

Control of Air Pollution from Hazardous Waste Treatment, Storage and Disposal Facilities, 45 CSR 25 [H. B. 4090]

DEP ‑ Air Quality Board

Emission Standards for Hazardous Air Pollutants, 45 CSR 34 [H. B. 4091]

DEP – Air Quality Board

Ambient Air Quality Standards, 45 CSR 8 [H. B. 4092]

DEP – Secretary’s Office

Voluntary Remediation and Redevelopment Rule, 60 CSR 3 [H. B. 4094]

DEP – Water and Waste Management, Division of

Hazardous Waste Management System, 33 CSR 20 [H. B. 4093]

Health and Human Resources, Department of

West Virginia Clearance for Access: Registry and Employment Screening,

69 CSR 10 [H. B. 4125]

Health and Human Resources, Department of

Family Child Care Home Registration Requirements, 78 CSR 19 [H. B. 4122]

Health and Human Resources, Department of

Out-of-School-Time Child Care Center Licensing Requirements, 78 CSR 21

[H. B. 4133]

Hearing Aid Dealers, Board of

Rules Governing the West Virginia Board of Hearing Aid Dealers, 8 CSR 1

[H. B. 4071]

Labor, Division of

Zipline and Canopy Tour Responsibility Act, 42 CSR 10 [H. B. 4119]

Labor, Division of

Bedding and Upholstered Furniture, 42 CSR 12 [H. B. 4118]

Labor, Division of

Amusement Rides and Amusement Attractions Safety Act, 42 CSR 17 [H. B. 4117]

Labor, Division of

Employer Wage Bonds, 42 CSR 33 [H. B. 4115]

Labor, Division of

Registration of Service Persons and Service Agencies, 42 CSR 35 [H. B. 4114]

Medicine, Board of

Continuing Education for Physicians and Podiatric Physician, 11 CSR 6

[H. B. 4070]

Miners’ Health, Safety and Training, Office of

Rules for Operating Diesel Equipment in Underground Mines in West Virginia,

56 CSR 23 [H. B. 4106]

Natural Resources, Division of

Rules Controlling the Public Land Corporations Sale, Lease, Exchange or Transfer of Land or Minerals, 58 CSR 2 [H. B. 4108]

Natural Resources, Division of

General Hunting, 58 CSR 49 [H. B. 4109]

Natural Resources, Division of

Special Migratory Game Bird Hunting, 58 CSR 56 [H. B. 4110]

Natural Resources, Division of

Miscellaneous Permits and Licenses, 58 CSR 64 [H. B. 4111]

Optometry, Board of

Rules of the West Virginia Board of Optometry, 14 CSR 1 [H. B. 4050]

Pharmacy, Board of

Licensure and Practice of Pharmacy, 15 CSR 1 [H. B. 4067]

Psychologists, Board of

Code of Conduct, 17 CSR 6 [H. B. 4047]

Real Estate Appraiser Licensing and Certification Board

Requirements for Licensure and Certification, 190 CSR 2 [H. B. 4060]

Real Estate Commission

Schedule of Fees, 174 CSR 2 [H. B. 4058]

Secretary of State

Vote by Mail Pilot Project Phase 2: Voting by Mail, 153 CSR 39 [H. B. 4054]

Tax Department, West Virginia State

Payment of Taxes by Electronic Funds Transfer, 110 CSR 10F [H. B. 4103]

Tax Department, West Virginia State

Property Transfer Tax, 110 CSR 22 [H. B. 4104]

The Committee submits to the Legislature the following proposed rules which were modified by the agency in accordance with the provisions of West Virginia Code, '29A-3-14, and which were approved by the Committee with the modifications with the recommendation that the proposed rules be authorized for adoption by the respective agencies as modified:

Accountancy, Board of

Board Rules and Rules of Professional Conduct, 1 CSR 1 [H. B. 4073]

Administration, Department of

State Owned Vehicles, 148 CSR 3 [H. B. 4087]

Agriculture, Department of

Animal Disease Control, 61 CSR 1 [H. B. 4083]

Agriculture, Department of

Auctioneers, 61 CSR 11B [H. B. 4082]

Agriculture, Department of

Noxious Weeds, 61 CSR 14A [H. B. 4081]

Agriculture, Department of

Inspection of Meat and Poultry, 61 CSR 16 [H. B. 4080]

Agriculture, Department of

West Virginia Apiary Law, 61 CSR 2 [H. B. 4079]

Agriculture, Department of

Inspection of Nontraditional, Domesticated Animals, 61 CSR 23D [H. B. 4078]

Agriculture, Department of

Schedule of Charges for Inspection Services: Fruit, 61 CSR 8B [H. B. 4077]

Athletic Commission, State

Administrative Rules of the West Virginia State Athletic Commission, 177 CSR 1 [H. B. 4076]

Athletic Commission, State

Regulation of Mixed Martial Arts, 177 CSR 2 [H. B. 4075]

DEP – Air Quality Board

Control of Air Pollution from Combustion of Solid Waste, 45 CSR 18 [H. B. 4088]

DEP – Mining and Reclamation

West Virginia Surface Mining Reclamation Rule, 38 CSR 2 [H. B. 4085]

DEP – Water and Waste Management, Division of

Underground Storage Tanks, 33 CSR 30 [H. B. 4084]

Dietitians, Board of

Licensure and Renewal Requirements, 31 CSR 1 [H. B. 4072]

Fire Commission, State

Electrician Licensing Rules, 87 CSR 2 [H. B. 4098]

Fire Commission, State

Hazardous Substance Emergency Response Training Programs, 87 CSR 3

[H. B. 4097]

Governor=s Committee on Crime, Delinquency and Correction

Law Enforcement Training and Certification Standards, 149 CSR 2 [H. B. 4096]

Governor=s Committee on Crime, Delinquency and Correction

Protocol for Law Enforcement Response to Domestic Violence, 149 CSR 3

[H. B. 4095]

Health and Human Resources, Department of

Hospital Licensure, 64 CSR 12 [H. B. 4129]

Health and Human Resources, Department of

Food Establishments, 64 CSR 17 [H. B. 4128]

Health and Human Resources, Department of

Public Water Systems, 64 CSR 3 [H. B. 4127]

Health and Human Resources, Department of

Emergency Medical Services, 64 CSR 48 [H. B. 4126]

Health and Human Resources, Department of

Development of Methodologies to Examine Needs for Substance Use Disorder Treatment Facilities within the State, 69 CSR 13 [H. B. 4132]

Health and Human Resources, Department of

Collection and Exchange of Data Related to Overdoses, 69 CSR 14 [H. B. 4131]

Health and Human Resources, Department of

Child Care Centers Licensing, 78 CSR 1 [H. B. 4124]

Health and Human Resources, Department of

Family Child Care Facility Licensing Requirements, 78 CSR 18 [H. B. 4123]

Health and Human Resources, Department of

Child Placing Agencies Licensure, 78 CSR 2 [H. B. 4121]

Health and Human Resources, Department of

Informal and Relative Family Child Care Home Registration Requirements,

78 CSR 20 [H. B. 4120]

Health and Human Resources, Department of

Pilot Program for Drug Screening of Applicants for Cash Assistance, 78 CSR 26

[H. B. 4134]

Health Care Authority

Financial Disclosure Rule, 65 CSR 13 [H. B. 4130]

Highways, Division of

Disposal, Lease and Management of Real Property and Appurtenant Structures and Relocation Assistance, 157 CSR 2 [H. B. 4099]

Labor, Division of

Registration of Weighing and Measuring Devices Used by Businesses in Commercial Transactions, 42 CSR 36 [H. B. 4113]

Lottery,

State Lottery Rules, 179 CSR 1 [H. B. 4100]

Medicine, Board of

Licensure, Disciplinary and Complaint Procedures, Continuing Education, Physician Assistants, 11 CSR 1B [H. B. 4069]

Natural Resources, Division of

Hunting, Fishing and Other Outfitters and Guides, 58 CSR 11 [H. B. 4107]

Osteopathic Medicine, Board of

Osteopathic Physician Assistants, 24 CSR 2 [H. B. 4068]

Pharmacy, Board of

Pharmacist Recovery Networks, 15 CSR 10 [H. B. 4066]

Pharmacy, Board of

Immunizations Administered by Pharmacists and Pharmacy Interns, 15 CSR 12

[H. B. 4065]

Pharmacy, Board of

Centralized Prescription Processing, 15 CSR 14 [H. B. 4064]

Pharmacy, Board of

Uniform Controlled Substances Act, 15 CSR 2 [H. B. 4063]

Pharmacy, Board of

Registration of Pharmacy Technicians, 15 CSR 7 [H. B. 4062]

Pharmacy, Board of

Controlled Substances Monitoring Program, 15 CSR 8 [H. B. 4061]

Psychologists, Board of

Fees, 17 CSR 1 [H. B. 4049]

Psychologists, Board of

Requirements for Licensure as a Psychologist and/or a School Psychologist,

17 CSR 3 [H. B. 4048]

Real Estate Commission

Licensing Real Estate Brokers, Associate Brokers and Salespersons and the Conduct of Brokerage Business, 174 CSR 1 [H. B. 4059]

Secretary of State

Procedures for Canvassing Elections, 153 CSR 18 [H. B. 4056]

Secretary of State

Procedures for Handling Ballots and Counting Write-In Votes in Counties Using Optical Scan Ballots, 153 CSR 27 [H. B. 4055]

Tax Department, West Virginia State

Farm-To-Food Bank Tax Credit, 110 CSR 13DD [H. B. 4102]

Tax Department, West Virginia State

Municipal Sales and Service and Use Tax Administration, 110 CSR 28 [H. B. 4105]

Veterinary Medicine, Board of

Organization and Operation and Licensing of Veterinarians, 26 CSR 1 [H. B. 4053]

Veterinary Medicine, Board of

Certified Animal Euthanasia Technicians, 26 CSR 5 [H. B. 4052]

Veterinary Medicine, Board of

Schedule of Fees, 26 CSR 6 [H. B. 4051]

The Committee submits the following legislative rules which were modified by the agency in accordance with the provisions of West Virginia Code, '29A-3-14, and which was approved by the Committee with the modifications and with the recommendation that the rule be authorized for adoption by the agency with amendments:

Natural Resource, Division of

Wildlife Disease Management, 58 CSR 69 [H. B. 4112]

Real Estate Commission

Requirements for Real Estate Courses, Course Providers and Instructors,

174 CSR 3 [H. B. 4057]

The Committee submits the following proposed rules to the Legislature with the recommendation that the proposed rules be authorized for adoption by the agency with amendments:

Labor, Division of

Elevator Safety Act, 42 CSR 21 [H. B. 4116]

Racing Commission

Thoroughbred Racing, 178 CSR 1 [H. B. 4101]

Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:

By Delegates Arvon, Kessinger, Martin, Rowan, Ward, Jennings, Fast, C. Romine, Hollen, Frich and Graves:

H. B. 4012 - “A Bill to amend and reenact §9-1-2 of the Code of West Virginia, 1931, as amended, relating to amending the definition of medical services, so as to exclude abortion”; to the Committee on Health and Human Resources then the Judiciary.