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Friday, January 26, 2018
SEVENTEENTH DAY
[MR. SPEAKER, MR. ARMSTEAD, IN THE CHAIR]
The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Tim Armstead, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Thursday, January 25, 2018, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Delegate Espinosa, Chair of the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 4178, Permitting certain portions of certified nurse aide training to be provided through distance learning technologies,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Health and Human Resources.
In accordance with the former direction of the Speaker, the bill (H. B. 4178) was referred to the Committee on Health and Human Resources.
Delegate Westfall, Chair of the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 4230, Relating to credit for reinsurance,
And reports the same back, with a title amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4230) was referred to the Committee on the Judiciary.
Delegate Westfall, Chair of the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 4175, Preventing requirement that an advanced practice registered nurse or physician assistant participate in a collaborative relationship to obtain payment,
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 Health and Human Resources.
In accordance with the former direction of the Speaker, the bill (H. B. 4175) was referred to the Committee on Health and Human Resources.
Delegate Ellington, Chair of the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 4012, Amending the definition of medical services, so as to exclude abortion,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4012) was referred to the Committee on the Judiciary.
Delegate Ellington, Chair of the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
S. B. 299, Relating to mandatory insurance coverage for medical foods for amino acid-based formulas,
And,
H. B. 4241, Transitioning foster children into managed care,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bills (S. B. 299 and H. B. 4241) were each referred to the Committee on Finance.
Delegate Ellington, Chair of the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 4287, Relating to pharmacy benefit managers,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4287) was referred to the Committee on the Judiciary.
Delegate Ellington, Chair of the Committee on Prevention and Treatment of Substance Abuse, submitted the following report, which was received:
Your Committee on Prevention and Treatment of Substance Abuse has had under consideration:
H. B. 4131, Department of Health and Human Resources, rule relating to collection and exchange of data related to overdoses,
And,
H. B. 4132, Department of Health and Human Resources, rule relating to development of methodologies to examine needs for substance use disorder treatment facilities,
And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 4131 and H. B. 4132) were each referred to the Committee on the Judiciary.
Delegate Anderson, Chair of the Committee on Energy, submitted the following report, which was received:
Your Committee on Energy has had under consideration:
H. B. 4270, Providing for the timely payment of moneys owed from oil and natural gas production,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4270) was referred to the Committee on the Judiciary.
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. 4101, Racing Commission, rule relating to thoroughbred racing,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4101) was referred to the Committee on the Judiciary.
Delegate Howell, Chair of the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 2831, Relating to the reconstitution of the Driver’s Licensing Advisory Board,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2831 - “A Bill to amend and reenact §17B-2-7a of the Code of West Virginia, 1931, as amended, relating to the reconstitution of the Driver’s Licensing Advisory Board; requiring one member of the board to be a board certified neurologist in this state; requiring the board to respond to requests of the commissioner when necessary in the discretion of the commissioner; and striking an outdated sunset provision,”
With the recommendation that the committee substitute 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. 4086, Department of Administration, rule relating to parking,
H. B. 4087, Department of Administration, rule relating to state owned vehicles,
And,
H. B. 4097, State Fire Commission, rule relating to hazardous substance emergency response training programs,
And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 4086, H. B. 4087 and H. B. 4097) were each referred to the Committee on the Judiciary.
Resolutions Introduced
Delegates Westfall, Wagner, Atkinson, Higginbotham, Rodighiero and Frich offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 33 – “Requesting the Division of Highways to name bridge number 18-21-21.51, (18A073), locally known as the Ripley Lanes Bridge, carrying County Route 21 over Sycamore Creek in Jackson County, the ‘U. S. Army 2LT Clarence Dragoo Memorial Bridge’.”
Whereas, Lieutenant Dragoo was born on December 30, 1923, and graduated from Gilmore High School in 1941. He attended Capital City Commercial College in Charleston. He was President of the Pi Rho Zeta fraternity and was involved in the drama club. He also performed on the WCHS radio station and worked as a bookkeeper; and
Whereas, In January 1943, Lieutenant Dragoo was inducted into the U. S. Army in Huntington, West Virginia. Six days later he entered active duty at Fort Thomas, Kentucky. On July 3, 1944, Lieutenant Dragoo earned his navigator’s wings and commission at Selman Field in Monroe, Louisiana; and
Whereas, In October of 1944, Lieutenant Dragoo left for overseas duty and arrived in Italy in November; and
Whereas, As a 21-year old navigator on a B-24 Liberator, Lieutenant Dragoo went through a ‘baptism by fire’ and lived to tell about it. While over a railway pass, his plane was sprayed with hundreds of gallons of highly inflammable gas when the Liberator immediately ahead of him was hit by flak and exploded in mid-air. Lieutenant Dragoo’s Liberator became a flying torch, capable of igniting at the slightest spark. With blackened windows and damaged rudders, flying blind and using instruments was the only way to return the plane to the base. Miraculously, the crew managed to do this. Upon returning, Lieutenant Dragoo related that he could use everything he had learned in navigation school; and
Whereas, On February 28, 1945, a change in crew landed Lieutenant Dragoo in the B-24 Liberator manned by a crew known as the “Hanson Crew”. The B-24 was a part of the 716th Bomber Squadron, 449th Bombardment Group. The Liberator departed Grottaglie Army Air Base in Italy with its target being the Isarco-Albes railroad bridge in northern Italy. The destruction of the bridge was a key objective in the 15th Air Force’s effort to destroy railroad choke points and railroad cars. Upon completion of the bombing run, all the participating aircraft headed to the rally point where they would reform and return to their base. While leaving the area, witnesses reported that the aircraft carrying the Hanson Crew was skimming mountaintops with damaged engines. Pilot Hanson radioed that one of the engines had restarted, but witnesses said the aircraft continued to fall until it could no longer be seen by others in the formation. Lieutenant Dragoo’s death date was reported as February 28, 1945; and
Whereas, On March 16, 1945, Lieutenant Dragoo’s mother, Mrs. Stella Dragoo, received a Western Union telegram officially informing her that her son had been listed as Missing in Action over Italy. In the months following the crash, the remains of four crew members washed ashore in various places along the shores of Italy. While searching for their own lost comrades, a set of remains bearing American Army Air Force clothing and identification tags were recovered by the Germans. The remains were returned to American military authorities in Europe who confirmed them to be a fifth member of that B-24 Liberator; and
Whereas, Both during and after World War II, the American Graves Registration Service searched for and recovered fallen Americans in the Mediterranean area. In 1948, the group convened in Rome, Italy, to discuss the recovery of the six remaining crew members. Based on the area and known information, the group deemed the aircraft and missing crew members “non-recoverable”; and
Whereas, In the years that followed, life continued for the Dragoo family. However, life was never the same for his immediate and extended family. Mother Stella’s son would never return to West Virginia. Lieutenant Dragoo’s siblings, including older sister Dorothy, younger brother Melvin, and younger sister Bernice, would never again see their brother. Bernice would never again talk to her “best friend”; and
Whereas, The handsome young navigator, who was once Treasurer of his FFA chapter, editor of his high school yearbook, and drama club performer would never get the chance to share his talents with the world. Never again would Lieutenant Dragoo pick up his guitar and sing at the Cooper Fork Community Church and never again fill the airwaves at WCHS radio with his voice; and
Whereas, As time wore on, family members passed. But Lieutenant Dragoo’s story was kept alive and passed on to the younger generations. Great-niece Tereasa Staats Yates remembers that ‘the iconic photo of Clarence in front of the Liberator always hung in Grandma’s house. Tereasa’s father, Jim Staats, was two years old at the time of the incident. The younger sister Bernice is now of advanced age and living in California. Those remaining are a host of cousins, nephews, nieces, including the generation of great-great-great nieces and nephews; and
Whereas, In 2013, an Italian citizen wrote to military researchers about the discovery of underwater aircraft wreckage off the coast of Grado, Italy. He believed it to contain possible human remains. A dive team was sent to investigate. During a second dive, searchers found and photographed a portion of the aircraft bearing serial numbers that corresponded to Lieutenant Dragoo’s B-24. Working together with the Grado Civil Patrol, U. S. military officials were able to secure the site and prepare for recovery; and
Whereas, In 2015, a team of divers worked to recover both human remains and the wreckage of the aircraft. After 220 dives, the recovery mission was complete. Maternal family members submitted DNA samples during the Summer of 2017 and the remains of Lieutenant Dragoo were positively identified. In an unlikely coincidence, it was learned that one of the Navy divers on the recovery team had a West Virginia connection, not only a West Virginia connection, but also a Jackson County connection. Diver Nate Johnson’s mother Terry grew up in Ravenswood where she followed the story because of her son’s involvement and could share pictures of the recovery mission with family here; and
Whereas, It was a long time coming, and more than a lifetime for the extended Dragoo family, but on October 12, 2017, Lieutenant Dragoo came home by way of Yeager Airport. He was escorted from Yeager Airport in Charleston to Ripley and Waybright Funeral Home by family and friends, and members of the Patriot Guard; and
Whereas, It is fitting that a proper memorial be established for this man who served his nation well and made the ultimate sacrifice; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 18-21-21.51, (18A073), locally known as the Ripley Lanes Bridge, carrying County Route 21 over Sycamore Creek, in Jackson County, the ‘U. S. Army 2LT Clarence Dragoo Memorial Bridge’; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the ‘U. S. Army 2LT Clarence Dragoo Memorial Bridge’; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the Commissioner of the Division of Highways.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Sobonya, C. Miller, C. Romine, R. Miller, Summers, Rohrbach, Lovejoy, Espinosa, Howell, Butler and Graves:
H. B. 4305 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §6B-2-5d; and to amend said code by adding thereto a new section, designated §29B-1-6a, all relating to authorizing the West Virginia Ethics Commission to sanction persons who have violated the Freedom of Information Act; authorizing the filing of complaints with the Ethics Commission; directing the Ethics Commission to process, investigate, and render a disposition in accordance with existing procedures; authorizing sanctions for violations proven by a preponderance of the evidence; and defining terms”; to the Committee on the Judiciary then Finance.
By Delegates Summers, Rohrbach, Barrett and Blair:
H. B. 4306 - “A Bill to amend and reenact §16-2-5 of the Code of West Virginia, 1931, as amended, relating to permitting local boards of health to combine without approval from the Commissioner of the Bureau for Public Health”; to the Committee on Political Subdivisions then Health and Human Resources.
By Delegate Summers:
H. B. 4307 - “A Bill to amend and reenact §60-2-11 of the Code of West Virginia, 1931, as amended, relating to prohibiting the alcohol beverage commission from assessing a fee to another state agency”; to the Committee on Government Organization then Finance.
By Delegate Foster:
H. B. 4308 - “A Bill to amend and reenact §21-1C-5 of the Code of West Virginia, 1931, as amended, relating to filing reports with the Division of Labor and removing the requirement for contactors to file payroll information on public improvement construction projects”; to the Committee on Industry and Labor then the Judiciary.
By Delegates Kessinger, Westfall, White, Cowles and Bates:
H. B. 4309 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §60A-12-1, §60A-12-2, §60A-12-3, §60A-12-4 and §60A-12-5, all relating to restricting the sale and trade of dextromethorphan; setting age limits; defining terms; establishing penalties; preempting local ordinances; and requiring rulemaking”; to the Committee on Prevention and Treatment of Substance Abuse then the Judiciary.
By Delegates Eldridge, Maynard, R. Miller, Lovejoy, A. Evans, Diserio, Canestraro, Ferro, Hamilton, Upson and Paynter:
H. B. 4310 - “A Bill to amend and reenact §61-3C-14b of the Code of West Virginia, 1931, as amended, and to amend and reenact §61-8C-3 of said code, all relating to mandating cognitive behavioral therapy for persons convicted of distribution and exhibiting of material depicting minors engaged in sexually explicit conduct and soliciting or soliciting and travelling to engage a minor in prohibited sexual activity”; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Howell, Hamrick, Higginbotham, Hanshaw, Hill, Kessinger, Walters and Frich:
H. B. 4311 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §47-2A-5, relating to making all work product by State Government to be in the public domain and not subject to copyright protection”; to the Committee on Government Organization then the Judiciary.
By Delegates A. Evans, Hartman, Hamilton and R. Romine:
H. B. 4312 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designed §19-1B-12; and to amend and reenact §19-1B-12a of said code, all relating to requiring purchasers of roundwood to collect and maintain certain information; providing criminal penalties; and clarifying that the employees of the Division of Forestry are authorized to issue citations for violations of the Logging Sediment and Control Act”; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegate Cowles:
H. B. 4313 - “A Bill to repeal §21-16-1, §21-16-2, §21-16-3, §21-16-4, §21-16-5, §21-16-6, §21-16-7, §21-16-8, §21-16-9 and §21-16-10 of the Code of West Virginia, 1931, as amended; to repeal §29-3D-1, §29-3D-2, §29-3D-3, §29-3D-4, §29-3D-5, §29-3D-6, §29-3D-7 and §29-3D-8, of said code; and to amend and reenact §29-3-12b of said code, all relating to deregulating persons who perform work on heating, ventilating and cooling systems and fire dampers”; to the Committee on Government Organization.
By Delegates Howell, Hamrick, Criss, Paynter, Foster, Pack, Pyles, Ferro, Eldridge, Ward and A. Evans:
H. B. 4314 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §4-1-24, relating to providing that paralegals and analysts who have been certified by a national association and who have been employed by the Legislature for two years are certified paralegals for all purposes within the state; and providing that the certification is a lifetime certification”; to the Committee on Government Organization then the Judiciary.
By Delegates McGeehan, Folk and Criss:
H. B. 4315 - “A Bill to amend and reenact §11-3-9 of the Code of West Virginia, 1931, as amended; and to amend and reenact §11-21-12 of said code, all relating to exempting law-enforcement officers who are members of a municipal paid police department, county sheriff’s office or the State Police from payment of income and personal property taxes”; to the Committee on Political Subdivisions then Finance.
By Delegates McGeehan, Folk and Criss:
H. B. 4316 - “A Bill to amend and reenact §11-3-9 of the Code of West Virginia, 1931, as amended, and to amend and reenact §11-21-12 of said code, all relating to exempting firefighters and volunteer firefighters from payment of income and real and personal property taxes”; to the Committee on Fire Departments and Emergency Medical Services then Finance.
By Delegates Foster, Howell, Pack, Butler, C. Miller, Hamrick and Jennings:
H. B. 4317 - “A Bill to repeal §21-11-1, §21-11-2, §21-11-3, §21-11-4, §21-11-5, §21-11-6, §21-11-7, §21-11-8, §21-11-9, §21-11-10, §21-11-10a, §21-11-11, §21-11-12, §21-11-13, §21-11-14, §21-11-15, §21-11-16, §21-11-17, §21-11-18, and §21-11-20 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §30-41-1, §30-41-2, §30-41-3, §30-41-4, §30-41-5, §30-41-6, §30-41-7, §30-41-8, §30-41-9, §30-41-10, §30-41-11, §30-41-12, §30-41-13, §30-41-14, §30-41-15, §30-41-16, §30-41-17, §30-41-18, §30-41-19, and §30-41-20, all relating to the West Virginia Contractor Act; providing a short title and declaration of policy with definitions; continuing the West Virginia Contractor Licensing Board, composition, terms, qualifications and appointment; administrative duties of board and legislative rules; necessity for contractor license and exemptions; procedure for licensing; providing for expiration date, fees and renewal of license; providing for revocation for unlawful use, assignment or transfer of license; prerequisites to obtaining building permit and mandatory written contracts; requiring informational list for basic universal design features; providing injunction and criminal penalties for violation of article; specific administrative duties of board and record keeping by the board; authorizing to grant reciprocity and to provide training to students who desire to obtain a West Virginia contractor license; and misdemeanor criminal penalties for violations of article”; to the Committee on Government Organization then the Judiciary.
By Delegates McGeehan, Hamilton, Folk, Butler, Kessinger and Gearheart:
H. B. 4318 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2P-1, §16-2P-2, and §16-2P-3, all relating to the right to life guaranteed to all human beings and providing definitions”; to the Committee on the Judiciary.
By Delegates Pushkin, Miley, Lynch, Lovejoy, Hartman, Moore, Isner, Williams, Walters, Westfall and Higginbotham:
H. B. 4319 - “A Bill to amend and reenact §5-11-2, §5-11-3, §5-11-4, §5-11-8, §5-11-9 and §5-11-13 of the Code of West Virginia, 1931, as amended; and to amend and reenact §5-11A-3, §5-11A-5, §5-11A-6, and §5-11A-7 of said code, all relating to unlawful discriminatory practices in categories covered by the Human Rights Act and the Fair Housing Act; prohibiting discrimination based upon age and sexual orientation; or gender identity and defining sexual orientation and gender identity”; to the Committee on Industry and Labor then the Judiciary.
By Delegates McGeehan and Folk:
H. B. 4320 - “A Bill to amend and reenact §39B-1-114 of the Code of West Virginia, 1931, as amended; and to amend and reenact §39B-2-101 of said code, all relating to limiting the ability of an agent under a power of attorney to take self-benefiting actions; removing a presumption that an act is not within the scope of authority granted in a power of attorney when an agent benefits from the act to the detriment of an ancestor, spouse, heir, or descendant; and removing the prohibition that an agent from exercising authority under a power of attorney to create in the agent, or in an individual to whom the agent owes a legal obligation of support, an interest in the principal’s property, whether by gift, right of survivorship, beneficiary designation, disclaimer, or otherwise”; to the Committee on the Judiciary.
By Delegates Upson, Householder, Martin, Ellington and Blair:
H. B. 4321 - “A Bill to amend and reenact §31A-4-35 of the Code of West Virginia, 1931, as amended, relating to permitting electronic records of documents to serve as original records”;
to the Committee on Banking and Insurance then the Judiciary.
By Delegates Howell, Statler, Hill, Fast, Martin, Butler, Criss, Paynter, Foster, Pack and Ward:
H. B. 4322 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-45; to amend said code by adding thereto a new section, designated §11-24-11c; and to amend said code by adding thereto a new section, designated §23-2-18, all relating to workers' compensation insurance; allowing an employer to extend workers' compensation coverage to an employee engaged in volunteer fire fighting and allowing employers a tax credit for the cost of providing workers' compensation insurance coverage to employees engaged in volunteer fire fighting”; to the Committee on Fire Departments and Emergency Medical Services then Finance.
By Delegates Howell, Hill, Diserio, Criss, Paynter, Foster, Pack, Pyles, Ferro, Eldridge and Ward:
H. B. 4323 - “A Bill to amend and reenact §30-1-6, §30-1-8, and §30-1-8a of the Code of West Virginia, 1931, as amended, all relating to the requirement that no board grant or renew any certificate, license, registration, or authority under Chapter 30 of said code to any person who is delinquent in the payment of state or local taxes, fees, or other moneys due to the state or its subdivisions with specified exceptions; and correcting the usage of terms related to certificate, license, registration, or authority in said code”; to the Committee on Government Organization then the Judiciary.
By Delegates Howell, Statler, Hill, Martin, Butler, Shott, Moore, Criss, Paynter, Foster and Pack:
H. B. 4324 - “A Bill to amend and reenact §8-15-17 and §8-15-20 of the Code of West Virginia,1931, as amended, all relating to the employment of individuals by municipal paid fire departments under civil service; providing that an applicant need not be a resident of the municipality or the county in which he or she seeks to become a member of the paid fire department; and that if there are not enough eligible applicants to certify a list of three, then the appointing officer may appoint a qualified individual to fill the position”; to the Committee on Fire Departments and Emergency Medical Services then the Judiciary.
By Delegates E. Evans, R. Miller, Marcum, Campbell, Rodighiero, Lovejoy, Eldridge, Zatezalo and Bates:
H. B. 4325 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-14D-11a, relating to adding an annual annuity adjustment of one percent for eligible retirants or surviving spouses”; to the Committee on Pensions and Retirement then Finance.
By Delegates Pack, Cooper, Butler, Higginbotham, Moore, Howell, Shott, Foster, Hanshaw, Capito and Lynch:
H. B. 4326 - “A Bill to amend and reenact §20-2-30a of the Code of West Virginia, 1931, as amended, relating to exempting veterans who are honorably discharged from the Armed Forces of the United States of America from obtaining a certificate of training in handling a firearm if that veteran presents to the local office of the Division of Wildlife Resources a copy of the veteran’s DD-214 form indicating that veteran’s qualification with a firearm”; to the Committee on Veterans' Affairs and Homeland Security then the Judiciary.
By Delegates Folk, Paynter, Sypolt, Ellington, Dean, Kessinger and Jennings:
H. B. 4327 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-3-23, relating to prohibiting employers from requiring any employee to have or receive an influenza immunization; and prohibiting employers from discharging, failing to hire, discriminating against, or otherwise disadvantaging or penalizing any individual for failing to have or receive an influenza immunization”; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Pack, Kessinger, Graves, Higginbotham, C. Miller and Upson:
H. B. 4328 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-6-38; to amend said code by adding thereto a new section, designated §33-15-4l; to amend said code by adding thereto a new section, designated §33-16-3x; and to amend said code by adding thereto a new section, designated §33-25A-8l; all relating to requiring health insurance providers to provide coverage for long-term antibiotic therapy for a patient with Lyme Disease”; to the Committee on Banking and Insurance then Health and Human Resources.
By Delegates Cooper, Ambler, Pack, Harshbarger, Moore, Summers, Lynch, Hollen, Atkinson and R. Miller:
H. B. 4329 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §47-26-2a, relating to requiring pawnbrokers to providing certain information to law-enforcement agencies; providing information through third-party database; and specifying database requirements”; to the Committee on the Judiciary.
By Delegates Sponaugle, A. Evans, R. Romine and Hamilton:
H. B. 4330 - “A Bill to amend and reenact §7-15-17 of the Code of West Virginia, 1931, as amended, relating to authorizing county commissions to initiate collection actions for emergency ambulance service; and allowing county commissions to assess a fee for ambulance calls when a person has refused transport”; to the Committee on Fire Departments and Emergency Medical Services then Finance.
By Delegates Iaquinta, A. Evans, Williams, R. Romine, Hamilton, Dean, Campbell, Wagner, Walters, Canestraro and Ferro:
H. B. 4331 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12j, relating to providing that a living organ donor is exempt from all personal income tax in the taxable year in which the organ transplantation occurs; and defining the term human organ”; to the Committee on Finance.
By Delegates Rohrbach, Fleischauer, Longstreth and Summers:
H. B. 4332 - “A Bill to amend and reenact §30-5-22 and §30-5-29 of the Code of West Virginia, 1931, as amended, all relating to home peritoneal renal dialysis to patients with end state renal disease”; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Sponaugle, A. Evans, R. Romine, Hamilton, Barrett, Fleischauer, Fluharty, Boggs, Miley, Pushkin and Longstreth:
H. B. 4333 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §48-22-803, relating to adoption records; authorizing adult adoptees access to certain records; requiring birth parents to provide certain health information; allowing birth parents to designate a contact preference and allowing them to provide certain information; directing the Department of Health and Human Resources to administer records, require additional information, and charge a reasonable fee; providing a procedure for the collection and dissemination of information; and authorizing the Department of Health and Human Resources to promulgate legislative rules”; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Hill, Howell, Kessinger, Martin, Butler, Pack, Sobonya, Folk, McGeehan, Moore and Paynter:
H. B. 4334 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §30-1-22, relating to requiring certain boards that seek to increase a fee or seek to impose a new fee to also submit cost saving measures undertaken or proposed to be undertaken”; to the Committee on Government Organization then Finance.
By Delegates Sponaugle, Rowe, Hartman, Lynch, Williams, Bates, Isner, A. Evans, R. Romine, Hamilton and Barrett:
H. B. 4335 - “A Bill to amend and reenact §38-12-4 of the Code of West Virginia, 1931, as amended, relating to requiring that lien releases filed with county clerk’s office include the Deed of Trust Book and page numbers where the lien is filed”; to the Committee on the Judiciary.
By Delegates Ellington, Summers, Rohrbach, Householder, Atkinson, Criss, Hollen, Hill, Rowan, Dean and Cooper:
H. B. 4336 - “A Bill to amend and reenact §60A-2-204, §60A-2-206, §60A-2-210 and §60A-2-212 of the Code of West Virginia, 1931, as amended, all relating to updating the schedule of controlled substances”; to the Committee on Prevention and Treatment of Substance Abuse then the Judiciary.
By Delegates Paynter, Eldridge, Maynard, Love, E. Evans, Cooper, Martin, A. Evans and Ambler:
H. B. 4337 - “A Bill to amend and reenact §5-10D-1 of the Code of West Virginia, 1931, as amended, and to amend said Code by adding thereto a new article, designated §20-17-1, §20-17-2, §20-17-3, §20-17-4, 20-17-4a, §20-17-5, §20-17-6, §20-17-6a. §20-17-6b, §20-17-6c, §20-17-6d, §20-17-6e, §20-17-7, §20-17-8, §20-17-9, §20-17-10, §20-17-11, §20-17-11a, §20-17-11b, §20-17-12, §20-17-13, §20-17-14, §20-17-15, §20-17-16, §20-17-17, §20-17-18, §20-17-19, §20-17-20, §20-17-21, §20-17-22, and §20-17-23, all relating to establishing the West Virginia Division of Natural Resources Police Officer Retirement System”; to the Committee on Pensions and Retirement then Finance.
House Calendar
Third Reading
S. B. 263, Eliminating film tax credits; on third reading, coming up in regular order, was read a third time.
Delegate Queen requested to be excused from voting on the passage of S. B. 263 under the provisions of House Rule 49.
The Speaker replied that any impact on the Delegate would be as a member of a class of persons possibly to be affected by the passage of the bill, and refused to excuse the Member from voting.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 17), and there were, including pairs--yeas 54, nays 42, absent and not voting 3, with the nays and absent and not voting and paired being as follows:
Pursuant to House Rule 43, the following pairings were announced by the Clerk:
Paired:
Yea: Criss Nay: Brewer
Yea: Gearheart Nay: Ferro
Nays: Barrett, Bates, Boggs, Byrd, Campbell, Canestraro, Capito, Caputo, Diserio, Eldridge, E. Evans, Fleischauer, Fluharty, Folk, Graves, Hartman, Hicks, Hornbuckle, Iaquinta, Isner, Longstreth, Love, Lovejoy, Lynch, Miley, R. Miller, Moore, Moye, Pethtel, Pushkin, Pyles, Queen, Robinson, Rodighiero, Rowe, Sponaugle, Storch, Upson, Ward and Williams.
Absent and Not Voting: Ellington, Kelly and White.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 263) passed.
Delegate Cowles moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 18), and there were--yeas 70, nays 24, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Barrett, Bates, Boggs, Campbell, Caputo, Diserio, Eldridge, E. Evans, Fleischauer, Fluharty, Folk, Hartman, Hornbuckle, Iaquinta, Isner, Longstreth, Love, Lynch, R. Miller, Pyles, Robinson, Rodighiero, Sponaugle and Williams.
Absent and Not Voting: Brewer, Ellington, Ferro, Kelly and White.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 263) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for H. B. 2483, Requiring the Division of Juvenile Services to transfer to a correctional facility or regional jail any juvenile in its custody that has been transferred to adult jurisdiction of the circuit court and who reaches his or her eighteenth birthday; 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. 19), and there were--yeas 91, nays none, absent and not voting 8, with the absent and not voting being as follows:
Absent and Not Voting: Barrett, Brewer, Ellington, Ferro, Kelly, Kessinger, C. Romine and White.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2483) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 4035, Creating a legislative coalition to study and report to the Legislature on palliative care; 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. 20), and there were--yeas 91, nays none, absent and not voting 8, with the absent and not voting being as follows:
Absent and Not Voting: Brewer, Ellington, A. Evans, Ferro, Kelly, Kessinger, C. Romine and White.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4035) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 4135, Updating the meaning of federal taxable income and certain other terms used in the West Virginia Corporation Net Income Tax 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. 21), and there were--yeas 89, nays none, absent and not voting 10, with the absent and not voting being as follows:
Absent and Not Voting: Brewer, Ellington, A. Evans, Ferro, Kelly, Kessinger, Queen, Robinson, C. Romine and White.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4135) passed.
Delegate Cowles moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 22), and there were--yeas 91, nays none, absent and not voting 8, with the absent and not voting being as follows:
Absent and Not Voting: Brewer, Ellington, A. Evans, Ferro, Kelly, Kessinger, C. Romine and White.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4135) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4146, Updating meaning of federal adjusted gross income and certain other terms used in West Virginia Personal Income Tax 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. 23), and there were--yeas 91, nays none, absent and not voting 8, with the absent and not voting being as follows:
Absent and Not Voting: Brewer, Ellington, A. Evans, Ferro, Kelly, Kessinger, C. Romine and White.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4146) passed.
Delegate Cowles moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 24), and there were--yeas 91, nays none, absent and not voting 8, with the absent and not voting being as follows:
Absent and Not Voting: Brewer, Ellington, A. Evans, Ferro, Kelly, Kessinger, C. Romine and White.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4146) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 4169, Requiring certain establishments and facilities to post human trafficking assistance notices; 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. 25), and there were--yeas 88, nays 3, absent and not voting 8, with the nays and absent and not voting being as follows:
Nays: Foster, McGeehan and Wilson.
Absent and Not Voting: Brewer, Ellington, A. Evans, Ferro, Kelly, Kessinger, C. Romine and White.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4169) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 4174, Designating the placement of nonpartisan judicial offices on the primary election ballot; on third reading, coming up in regular order, was read a third time.
Speaker Pro Tempore Overington in the Chair
Mr. Speaker, Mr. Armstead, arose from his seat and requested to be excused from voting on the passage of H. B. 4174 under the provisions of House Rule 49.
The Speaker Pro Tempore replied that any impact on Mr. Armstead would be as a member of a class of persons possibly to be affected by the passage of the bill, and refused to excuse him from voting.
Mr. Speaker, Mr. Armstead, in the Chair
Delegate Miley requested to be excused from voting on the passage of H. B. 4174 under the provisions of House Rule 49.
The Speaker replied that any impact on the Delegate would be as a member of a class of persons possibly to be affected by the passage of the bill, and refused to excuse the Member from voting.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 26), and there were--yeas 89, nays none, absent and not voting 10, with the absent and not voting being as follows:
Absent and Not Voting: Brewer, Ellington, A. Evans, Ferro, Kelly, Kessinger, Love, C. Romine, R. Romine and White.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4174) 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. 4207, Authorizing an online application to receive a commission to act as a notary public, and eliminating the bond requirement; on third reading, coming up in regular order, was reported by the Clerk.
Delegate Shott asked and obtained unanimous consent that the bill be recommitted to the Committee on the Judiciary.
Second Reading
Com. Sub. for 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; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4144, Relating to the elimination of film tax credits; on second reading, coming up in regular order, was, on motion of Delegate Cowles, laid on the table.
H. B. 4183, Relating generally to standardized testing requirements for nonpublic schools; on second reading, coming up in regular order, was read a second time and 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:
Com. Sub. for H. B. 2799, Prohibiting the superintendent of schools from requiring a physical examination to be included to the application for a minor’s work permit,
And,
H. B. 4010, Providing no requirement to perform or host a marriage ceremony that does not conform to sincerely held religious beliefs.
At the request of Delegate Cowles and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving a committee report.
Committee Reports
Delegate Nelson, Chair of the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 4006, Revising the processes through which professional development is delivered for those who provide public education,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4006 – “A Bill to repeal §10-5-2a of the Code of West Virginia, 1931, as amended; to repeal §18-2I-3 of said code; to repeal §18A-3-2d of said code; to repeal §18A-3A-1, §18A-3A-2, §18A-3A-2b, §18A-3A-3 and §18A-3A-5 of said code; to repeal §18B-11-4 and §18B-11-6 of said code; to amend and reenact §4-13-2 of said code; to amend and reenact §5-26A-3 of said code; to amend and reenact §5B-2C-6 of said code; to amend and reenact §5F-1-2 of said code; to amend and reenact §5F-2-1 of said code; to amend and reenact §6-7-2a of said code; to amend and reenact §18-2I-1, §18-2I-2 and §18-2I-4 of said code; to amend and reenact §18-10A-1, §18-10A-2, §18-10A-3, §18-10A-6a and §18-10A-12 of said code; to amend and reenact §18-10K-2, §18-10K-5 and §18-10K-6 of said code; to amend and reenact §18-30-4 of said code; to amend and reenact §18A-2-9 and §18A-2-12 of said code; to amend and reenact §18A-3-1, §18A-3-1d, §18A-3-2c and §18A-3-8 of said code; to amend and reenact §18A-3C-1, §18A-3C-2 and §18A-3C-3 of said code; to amend and reenact §18B-1B-2 of said code; to amend and reenact §18B-3D-2 of said code; to amend and reenact §18B-16-5 and §18B-16-8 of said code; to amend and reenact §18B-18B-1 of said code; and to amend and reenact §29-24-3 and §29-24-5 of said code, all relating to revising the processes through which professional development is delivered for those who provide public education in this state, including improvement of the focus on school-level continuous improvement processes led by the principal, generally; eliminating administrative offices, duplicative programs and obsolete provisions; repealing provisions related to creation and duties of distance learning coordinating council; repealing provisions related to annual state board professional development master plan; repealing provisions related to beginning principal internships; repealing provisions related to center for professional development and principals academy curriculum; repealing provisions related to center for development professional development project; repealing provisions related to principals academy establishment, mission, required attendance and employment of coordinator; repealing provisions related to pilot program of delivering educational services via distance learning; repealing provisions related to creation of depositories for assistive devices and services at two colleges or universities; repealing provisions creating the National Institute For Teaching Excellence and its governing board; modifying membership of Sesquicentennial of the American Civil War Commission; modifying membership of Commission for National and Community Service; removing Department of Education and the Arts as option to provide technical support to the Academy of Science and Technology in preparation of annual report; eliminating Department of Education and the Arts as executive department headed by secretary; transferring Division of Culture and History and Division of Rehabilitation Services to Department of Commerce; making the Educational Broadcasting Authority and Library Commission each an independent agency within executive branch; correcting names of agencies; eliminating salary of Secretary of Education and the Arts; modifying the scope and goals of the system for coordination and delivery of professional development to be instituted by State Board of Education; modifying legislative findings with respect to professional development; eliminating requirement for State Board of Education master plan for professional development; requiring State Board of Education rule to include process for aggregating school and system strategic plan information to assist design and delivery of professional development; replacing references to the secretary and the Department of Education and the Arts in rehabilitation and vocational services related statutes; modifying membership of Traumatic Brain and Spinal Cord Injury Rehabilitation Fund Board; transferring fund administration to Department of Commerce; modifying membership of College Prepaid Tuition and Savings Program Board; including instructional leadership among the responsibilities of principals and requiring course work in instructional leadership and related topics as prerequisite for administrative certification; moving from a precertification requirement to a pre-employment requirement that principals, assistant principals and administrators complete education and training in evaluation skills; deleting provisions proscribing limitations on certain rights and privileges of principals and assistant principals as teachers; removing requirements for interaction between State Board Of Education and Center for Professional Development regarding performance evaluations; removing proscription of issuance or renewal of certain administrative certificate; removing requirement for State Board Of Education consultation with Secretary of Education and Arts and Chancellor for Higher Education prior to exercise of authority over education; adding within standards for education of professional educators requirement providing for the study of the history and philosophical foundations of Western Civilization and the writings of the founders of the United States of America; eliminating references to regional education service agencies; removing requirement for State Board of Education to consult with Secretary of Education and the Arts and the Chancellor of Higher Education; removing provisions related to required training and professional development of principals through principals academy; adding instructional leadership and management techniques to required minimum standards for rule governing training of principals; removing language relating to waivers, ineligibility, progress tracking and expenses relating to training of principals; requiring county professional staff development councils to base proposals for staff development on analysis of individual and collective need indicated in school’s strategic plans; incorporating development of certain teachers, principals, assistant principals, vocational administrators and others in the provisions for a comprehensive system to improve teaching and learning; making legislative finding that professional development resources must be focused rather than increased; removing obsolete provisions related to phased implementation of provisions for professional personnel evaluations; eliminating requirement for five percent of evaluations to be based on state summative assessment and increasing percent based on evidence of student learning by five percent; incorporating principals into the comprehensive system of support for improved professional performance; requiring deficiencies identified through personnel evaluations to be incorporated in strategic plans for continuous improvement; removing language requiring posting and other provisions relating to employment; restricting certain appropriations for certain activities; modifying membership and selection process for members of Higher Education Policy Commission; modifying membership of Workforce Development Initiative Program Advisory Committee; updating agency references and removing Secretary of Education and the Arts with respect to rural health initiative; modifying membership of Science and Research Council; transferring certain references and responsibilities to Technology-Related Assistance Revolving Loan Fund For Individuals With Disabilities Board to Secretary of Commerce; directing the adoption and promulgation of rules and guidelines; and making consequential changes incident to the elimination of agencies or programs or the modification of duties, responsibilities and functions,”
With the recommendation that the committee substitute do pass.
Leaves of Absence
At the request of Delegate Cowles, and by unanimous consent, leaves of absence for the day were granted Delegates Ellington, Ferro, Kelly and White.
Miscellaneous Business
Pursuant to House Rule 132, unanimous consent was requested and obtained to print the remarks of the following Members in the Appendix to the Journal:
- All Members during the debate today regarding S. B. 263
- Delegate Graves on yesterday regarding S. B. 263
- Delegate Barrett during the debate regarding Com. Sub. for H. B. 4169
- Delegate Pushkin during Remarks by Members
- Delegate Hornbuckle during Remarks by Members
Pursuant to House Rule 94b, Members filed forms with the Clerk’s Office to be added as a cosponsor of the following bills:
- Delegate Espinosa for H. B. 4024
- Delegates Thompson and Hornbuckle for H. B. 3061
- Delegate Phillips for H. B. 4012
- Delegate Zatezalo for H. B. 4010
- Delegates Boggs, Eldridge, Graves, Lynch, Martin, Maynard, Paynter, Pyles, Rohrbach and Sypolt for H. B. 2848
At 1:48 p.m., the House of Delegates adjourned until 11:00 a.m., Monday, January 29, 2018.