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Monday, February 19, 2018
FORTY-FIRST DAY
[MR. SPEAKER, MR. ARMSTEAD, IN THE CHAIR]
The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Tim Armstead, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Friday, February 16, 2018, being the first order of business, when the further reading thereof was dispensed with and the same approved.
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. 4597, Relating to the procedure to determine if an occupation or profession should be regulated,
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. 4597) was referred to the Committee on the Judiciary.
Delegate Anderson, Chair of the Committee on Energy, submitted the following report, which was received:
Your Committee on Energy has had under consideration:
H. R. 7, Urging federal policymakers to support legislation advancing the development of an Appalachian Storage Hub,
And reports the same back with the recommendation that it be adopted, but that it first be referred to the Committee on Rules.
In accordance with the former direction of the Speaker, the resolution (H. R. 7) was referred to the Committee on Rules.
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. 4490, Relating to oil and gas permits not to be on flat well royalty leases,
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. 4490) was referred to the Committee on the Judiciary.
Delegate Cooper, Chair of the Committee on Veterans’ Affairs and Homeland Security submitted the following report, which was received:
Your Committee on Veterans’ Affairs and Homeland Security has had under consideration:
Com. Sub. for S. B. 71, Defining “veteran” as it pertains to veteran-owned business,
And reports the same back with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on the Judiciary be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for S. B. 71) to the Committee on the Judiciary was abrogated.
Delegate Hanshaw, Chair of the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the 16th day of February, 2018, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:
H. B. 2612, Repealing section relating to unattended motor vehicles and penalties.
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. 4422, Permitting permanent endowment funds of cemeteries to invest their principal in certain government bonds and corporate bonds,
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. 3061, Encouraging mastery-based education through the Innovation In Schools program,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for 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; requiring participation in incubator process; incorporating statutory provisions related to Innovation In Education schools; 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,”
H. B. 4022, Exempting the consumer sales and service tax and use tax for services for the repair, remodeling and maintenance of certain aircraft,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4022 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-9p, relating to providing an exemption from the consumer sales and service tax for purchases of certain services and tangible personal property sold for the repair, remodeling and maintenance of aircraft operated under a fractional ownership program; defining terms; specifying a method for claiming exemption; authorizing emergency rules and promulgation of legislative rules; and establishing the effective date of the section,”
And,
H. B. 4296, Establishing the Southern West Virginia Lake Development Study Commission,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4296 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-1B-1, §5B-1B-2, §5B-1B-3, and §5B-1B-4, all relating to establishing the Southern West Virginia Lake Development Study Commission; providing legislative findings; establishing the commission and designating its membership; providing the scope of commission study; authorizing the commission to create committees and utilize university and other state government resources; providing for expense reimbursement for certain commission members; and requiring reports to the Legislature,”
With the recommendation that the committee substitutes each do pass.
At the respective requests of Delegate Cowles, and by unanimous consent, the bill (Com. Sub. for H. B. 4022) was taken up for immediate consideration, read a first time and ordered to second reading.
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:
Com. Sub. for S. B. 237, Authorizing Department of Revenue promulgate legislative rules,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
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. 4451, Creating the West Virginia Sentencing Commission,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4451 – “A Bill to amend and reenact §15-9-4 of the Code of West Virginia, 1931, as amended, and to amend said code by adding thereto a new article, designated §15-9C-1, §15-9C-2, §15-9C-3, §15-9C-4 and §15-9C-5, all relating to creating the West Virginia Sentencing Commission; establishing the commission as a standing subcommittee of the Governor's committee on crime, delinquency and correction; authorizing the commission to seek and utilize funding and grants; setting forth legislative findings; setting forth the purpose of the commission; establishing composition and membership of commission; setting forth the powers and duties of the commission; setting forth objectives for the commission; directing commission provide annual assessment and recommendations to the Legislature; and authorizing the commission to make additional recommendations to the Legislature,”
H. B. 4511, Modifying bail requirements,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4511 – “A Bill to amend and reenact §62-1C-1a of the Code of West Virginia, 1931, as amended, relating to the authorization to release a defendant or a person arrested upon his or her own recognizance; requires a court or magistrate to release a person charged with certain misdemeanor offenses on his or her own recognizance except for good cause shown,”
And,
H. B. 4618, Relating to the authority of the Division of Protective Services,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4618 – “A Bill to amend and reenact §61-6-1, §61-6-1a, §61-6-3, §61-6-4, and §61-6-5 of the Code of West Virginia, 1931, as amended, relating to the authority of the Division of Protective Services to compel dispersal of a riot or unlawful assemblage; to the authority of the Division of Protective Services to control riots and unlawful assemblages; to include officers of the Division of Protective Services among those officers on whom the penalty for failure to exercise power at riots and unlawful assemblages may be imposed; allowing Division of Protective Services officers to summon persons to suppress unlawful assemblages; to hold harmless Division of Protective Services officers from liability for the death of persons in riots and unlawful assemblages; and to make technical corrections,”
With the recommendation that the committee substitute do pass.
Delegate Shott, Chair of the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4617, Clarifying where a charge of DUI may be brought against an individual,
And reports the same back with the recommendation that it 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. 4207, Authorizing an online application to receive a commission to act as a notary public, and eliminating the bond requirement,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4207 - “A Bill to amend and reenact §39-4-20 of the Code of West Virginia, 1931, as amended, relating to receiving a commission to act as a notary public; authorizing an online electronic application process to apply to receive a commission to act as a notary public; removing the oath of office and requiring an applicant to swear or affirm under penalty of perjury that answers to questions in the application are true and if appointed, the applicant will perform faithfully all notarial acts in accordance with the law; and eliminating the $1000 bond requirement,”
H. B. 4368, Relating to voluntary assignments of wages by state employees who have been overpaid,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4368 - “A Bill to amend and reenact §21-5-3 of the Code of West Virginia, 1931, as amended, relating to voluntary assignments of wages by state employees who have been overpaid; clarifying exemption from wages; and requiring written acknowledgement and waiver as part of a voluntary authorization or order,”
And,
H. B. 4424, Providing that the Ethics Act applies to certain persons providing services without pay to state elected officials,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4424 - “A Bill to amend and reenact §6B-1-3 of the Code of West Virginia, 1931, as amended, all relating to providing that the Ethics Act applies to certain persons providing services without pay to elected officials,”
With the recommendation that the committee substitutes each do pass.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 4242, Clarifying the jurisdictional amount for removal of a civil action from magistrate court to circuit court.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, to take effect from passage, of
Com. Sub. for S. B. 184, Authorizing DOT promulgate legislative rules.
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. 273 - “A Bill to amend and reenact §16-5H-2 and §16-5H-9 of the Code of West Virginia, 1931, as amended; to amend and reenact §16-5Y-2, §16-5Y-4, and §16-5Y-5 of said code; to amend said code by adding thereto a new article, designated §16-54-1, §16-54-2, §16-54-3, §16-54-4, §16-54-5, §16-54-6, §16-54-7, §16-54-8, and §16-54-9; to amend and reenact §30-3-14 of said code; to amend and reenact §30-3A-1, §30-3A-2, §30-3A-3, and §30-3A-4 of said code; to amend and reenact §30-4-19 of said code; to amend and reenact §30-5-6 of said code; to amend and reenact §30-7-11 of said code; to amend and reenact §30-8-18 of said code; to amend and reenact §30-10-19 of said code; to amend and reenact §30-14-12a of said code; to amend and reenact §30-36-2 of said code; to amend said code by adding thereto a new section, designated §60A-5-509; and to amend and reenact §60A-9-4, §60A-9-5, and §60A-9-5a of said code, all relating to reducing the use of certain prescription drugs; providing for an exemption from registration for office-based, medication-assisted treatment program in specified cases; making clarifying amendments to provide for an exemption for medication-assisted treatment programs; clarifying physician responsibility for medication-assisted treatment; clarifying definition of ‘pain management clinic’; providing for emergency rulemaking; defining terms; providing for an advance directive; requiring consultation with patients prior to prescribing an opioid; limiting the amount of opioid prescriptions; requiring a narcotics contract in certain circumstances; providing exceptions to prescribing limits; providing for referral to a pain clinic or pain specialist; providing reports to licensing boards regarding abnormal or unusual prescribing practices; providing for consideration of other treatment options prior to prescribing an opioid; requiring insurance coverage for certain procedures to treat chronic pain; requiring the Board of Pharmacy to report quarterly to various licensing boards; exempting the Board of Pharmacy from certain purchasing requirements; clarifying who must report to the Controlled Substances Monitoring Database; precluding retaliation against a heath care provider for declining to prescribe a narcotic; clarifying the practice of acupuncture; and permitting the investigation and discipline for abnormal and unusual prescribing and dispensing of prescription drugs”; which was referred to the Committee on Health and Human Resources and then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 358 - “A Bill to amend and reenact §50-3-2 of the Code of West Virginia, 1931, as amended, relating to authorizing the imposition of a $25 clerk’s fee for processing criminal bonds; establishing person responsible for payment of fee by type of bond issued; exempting personal recognizance bonds from fee; and providing that fees collected be deposited in the Magistrate Court Fund”; which was referred to the Committee on the Judiciary and Finance.
Special Calendar
Third Reading
Com. Sub. for H. B. 2464, Relating to disclaimers and exclusions of warranties in consumer transactions for goods; 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. 150), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent and Not Voting: Ellington, Hartman, 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. 2464) 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. 4376, Expiring funds to the balance of the Department of Health and Human Resources; 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. 151), and there were--yeas 80, nays 17, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Adkins, Espinosa, Fast, Foster, Frich, Hollen, Isner, Jennings, Love, Marcum, Martin, Robinson, Sobonya, Sponaugle, Summers, Upson and Williams.
Absent and Not Voting: Ellington, Hartman and White.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4376) passed.
Delegate Cowles moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 152), and there were--yeas 94, nays 3, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Fast, Marcum and Martin.
Absent and Not Voting: Ellington, Hartman 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. 4376) 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. 4389, Expiring funds to the Enterprise Resource Planning System Fund; 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. 153), and there were--yeas 94, nays 3, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Folk, Marcum and McGeehan.
Absent and Not Voting: Ellington, Hartman and White.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4389) passed.
Delegate Cowles moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 154), and there were--yeas 94, nays 3, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Folk, Marcum and McGeehan.
Absent and Not Voting: Ellington, Hartman 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. 4389) 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. 4400, Relating to the West Virginia Physicians Mutual Insurance Company; 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. 155), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent and Not Voting: Ellington, Hartman 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. 4400) 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. 4473, Relating to use of state funds for advertising to promote a public official or government office; 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. 156), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent and Not Voting: Ellington, Hartman, White and Wilson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4473) 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. 4001, Relating to eligibility and fraud requirements for public assistance; on second reading, coming up in regular order, was read a second time.
Delegate E. Evans move to amend the bill on page eleven, section two, line seven, by striking out the words “Beginning October 1, 2018, the” and inserting in lieu thereof the word “The”.
On page eleven, section two, line seven, by striking out the words “discontinue and shall not”.
And,
On page eleven, section two, lines fifteen and sixteen, by striking out the following: “Notwithstanding any provision in this code to the contrary, all counties shall be ineligible for any such waiver effective October 1, 2021.”
On the adoption of the amendment, the yeas and nays were demanded, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 157), and there were--yeas 36, nays 61, absent and not voting 3, with the yeas and absent and not voting being as follows:
Yeas: Barrett, Bates, Boggs, Brewer, Byrd, Campbell, Canestraro, Caputo, Diserio, Eldridge, E. Evans, Ferro, Fleischauer, Fluharty, Hicks, Hornbuckle, Iaquinta, Longstreth, Love, Lovejoy, Lynch, Marcum, Miley, R. Miller, Moye, Pethtel, Pushkin, Pyles, Robinson, Rodighiero, Rowe, Sponaugle, Statler, Thompson, Ward and Williams.
Absent and Not Voting: Ellington, Hartman and White.
So, a majority of the members present and voting not having voted in the affirmative, the amendment was rejected.
The bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 4042, Redefining school zone to facilitate placement of school zone signs; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4157, Eliminating the refundable exemption for road construction contractors; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4285, Relating to the West Virginia Safe Mortgage Licensing Act; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4304, Creating the Board of Nursing; on second reading, coming up in regular order, was read a second time.
On motion of Delegate Summers, the bill was amended on page eighty-three, section twenty, line two, by striking out the word “or”.
And,
On page eighty-three, section twenty, after line four, by inserting a new subdivision, designated subdivision (3), to read as follows:
“(3) Caring for the sick when done in connection with the practice of religious tenets of any church and by and for its members.”
And, renumbering the remaining subdivisions accordingly.
The bill was then ordered to engrossment and third reading.
H. B. 4324, Relating to the employment of individuals by municipal paid fire departments under civil service; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4379, Supplementing, amending, decreasing, and increasing items of the existing appropriations to the Department of Transportation; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4401, Relating to the registration of business; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4428, Allowing training hours earned through public school education or apprenticeship to count towards an applicant’s occupational certification; on second reading, coming up in regular order, was read a second time.
An amendment to the bill, offered by Delegate Robinson, was reported by the Clerk, on
page two, after section three, by inserting a new section, designated section four, to read as follows:
Ҥ21-1E-4. Career and technical education information for high school students.
(a) The Division of Labor shall coordinate with the State Board of Education and the Commerce Department to create a list of existing apprenticeships throughout the state, as well as a list of certifications and other credentials that reflect current workforce needs, in order to educate and prepare high school students regarding career and technical education (CTE) opportunities and careers following graduation.
(b) Each county school district shall annually provide each student, beginning in the ninth grade, with the following information:
(1) Career and technical education programs within the district and adjoining districts; and
(2) The EDGE program, established by §18-3-1 et seq. of this code, which provides the opportunity for the student to obtain dual credits that count toward the high school graduation requirements, as well as to count toward the student’s achievement of a certificate or Associate Degree.
(3) A list of apprenticeships created pursuant to subsection (a) of this section.
(4) A list of certificates and credentials created pursuant to subsection (a) of this section.
(5) Details regarding enlistment and opportunities within the armed forces, including local recruiter contact information.”
And renumbering the remaining section.
And,
On page two, section four, after line nine, by inserting a new subdivision, designated subdivision (3), to read as follows:
“(3) After conferring with the State Board of Education, guidelines for collection and dissemination of information collected pursuant to §21-1E-4.”
On motion of Delegate Espinosa, the amendment offered by Delegate Robinson was amended, on page two, section four (new section five), subdivision (3), line two, after “§21-1E-4”, by inserting the words “in a manner easily accessible to both students and their parents”.
The amendment to the bill, as amended, was then adopted.
The bill was ordered to engrossment and third reading.
H. B. 4436, Clarifying when a minor between the ages of 16 and 18 may be employed by or elected as a member of a volunteer fire department; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4488, Relating to the Hatfield-McCoy Recreation Authority; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4522, Allowing certain tax information to be shared with the Director of Purchasing Division, Department of Administration, and State Auditor; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4622, Relating to authorizing legislative rules regarding higher education; 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. 4011, Requiring agencies, when submitting a new rule or changes, to also identify two existing rules that could be repealed,
Com. Sub. for H. B. 4079, Promulgating administrative rules by various executive or administrative agencies of the state,
Com. Sub. for H. B. 4478, Authorizing public schools to distribute excess food to students,
And,
H. B. 4621, Relating to removing reference to certain entities with respect to work.
Leaves of Absence
At the request of Delegate Cowles, and by unanimous consent, leaves of absence for the day were granted Delegates Ellington, Hartman 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: Delegates Brewer, Caputo, Cowles, Diserio, E. Evans, Fleischauer, Folk, Love, Marcum, Moye, Pushkin, Pyles, Rowe, Thompson and Zatezalo during Remarks by Members.
Delegate C. Romine noted to the Clerk that he was absent on today when the vote was taken on Roll No. 150, and that had he been present, he would have voted “Yea” thereon.
Pursuant to House Rule 94b, Members filed forms with the Clerk’s Office to be added as a cosponsor of the following bills:
- Delegate E. Nelson for H. B. 4357 and H. B. 4558
- Delegate Dean for H. C. R. 57
Pursuant to House Rule 94b, a Member filed a form with the Clerk’s Office to be removed as a cosponsor of the following bill:
- Delegate Pushkin for H. B. 4344.
At 1:56 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, February 20, 2018.