__________*__________
Friday, February 23, 2018
FORTY-FIFTH DAY
[MR. SPEAKER, MR. ARMSTEAD, IN THE CHAIR]
The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Tim Armstead, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Thursday, February 22, 2018, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Reordering of the Calendar
Delegate Cowles announced that the Committee on Rules had transferred Com. Sub. for H. B. 4158, Com. Sub. for H. B. 4238 and Com. Sub. for H. B. 4623 on Second reading, Special Calendar, to the House Calendar.
At the request of Delegate Cowles, and by unanimous consent, the House of Delegates proceeded to the Seventh Order of Business for the purpose of introducing a resolution.
Resolutions Introduced
Delegates Sypolt, Jennings, Adkins, Ambler, Anderson, Arvon, Atkinson, Barrett, Bates, Blair, Boggs, Brewer, Butler, Byrd, Campbell, Canestraro, Capito, Caputo, Cooper, Cowles, Criss, Dean, Deem, Diserio, Eldridge, Ellington, Espinosa, A. Evans, E. Evans, Fast, Ferro, Fleischauer, Fluharty, Folk, Foster, Frich, Gearheart, Graves, Hamilton, Hamrick, Hanshaw, Harshbarger, Hartman, Hicks, Higginbotham, Hill, Hollen, Hornbuckle, Householder, Howell, Iaquinta, Isner, Kelly, Kessinger, Lane, Longstreth, Love, Lovejoy, Lynch, Marcum, Martin, Maynard, McGeehan, Miley, C. Miller, R. Miller, Moore, Moye, Mr. Speaker (Mr. Armstead), Nelson , Overington, Pack, Paynter, Pethtel, Phillips, Pushkin, Pyles, Queen, Robinson, Rodighiero, Rohrbach, C. Romine, R. Romine, Rowan, Rowe, Shott, Sobonya, Sponaugle, Statler, Storch, Summers, Thompson, Upson, Wagner, Walters, Ward, Westfall, White, Williams, Wilson and Zatezalo offered the following resolution:
H. R. 9 - “Memorializing the life of the Honorable Tony Jerome Lewis, dedicated husband, father, grandfather, coalminer, soldier, farmer, businessman and public servant.”
Whereas, Tony Lewis was born on December 1, 1957, in Heidelberg, Germany, the son of Albert H. Lewis and the late Roberta Fay Lewis; and
Whereas, Tony was married to the love of his life, Lyndia, and they were the parents of Roger Paugh, Tucker Paugh, and Brittney Heinemann, and the grandparents of Avery and Broghen Heinemann; and
Whereas, Tony was a retired U. S. Army National Guard veteran with over 26 years service, having served tours in Desert Storm and Enduring Freedom. He worked as an underground coalminer for 18 years and during his years in the mines, he was a mine foreman and fireboss. He also worked for many years as a cable splicer for the telephone company. In addition, he had his master electrician’s license and was the owner of several businesses including T & T Electric and T & L Excavating; and
Whereas, In 2016, Tony sought a seat and was elected to the West Virginia House of Delegates from Preston County. Although his time in the Legislature was short, he served with distinction and was well respected by his peers; and
Whereas, Tony was a member of the Aurora Volunteer Fire Department and Ambulance EMT. He was also a member of the Order of Eastern Star, 129; Preston County Shrine Club; Osiris Shrine Club, Grafton; All Ghan Shrine, Cumberland, Maryland; Scottish Rite of Preston County; Free Mason, 90; Preston County Farm Bureau; VFW Post 578; American Legion Post 71; Elks Lodge 2481; Free Masonry of Wheeling and Rowlesburg Lodge 165; and
Whereas, Tony was a member of the Brookside Brethren Church, Eglon, and he loved spending time with his with family on Maple Hurst Farm; and
Whereas, Sadly, the Honorable Tony Jerome Lewis passed away on Sunday, September 24, 2017, at home with his family by his side; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby memorializes the life of the Honorable Tony Jerome Lewis, dedicated husband, father, grandfather, coalminer, soldier, farmer, businessman and public servant; and, be it
Further Resolved, That the House of Delegates hereby extends its sincere sympathy at the passing of the Honorable Tony J. Lewis; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the family of the Honorable Tony J. Lewis.
At the respective requests of Delegate Cowles, and by unanimous consent, reference of the resolution (H. R. 9) to a committee was dispensed with, and it was taken up for immediate consideration.
The resolution was then read by the Clerk.
The question now being on the adoption of the resolution, the yeas and nays were demanded, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 201), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent and Not Voting: Deem, Ellington, Kelly, Marcum, Phillips, Summers and White.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 9) adopted.
Committee Reports
On motion for leave, a bill was introduced (Originating in the Committee on Finance with the recommendation that it do pass), which was read by its title, as follows:
By Delegates Anderson, Nelson, Boggs, Householder, Ellington, Gearheart, Frich, Ambler, Bates and Longstreth:
H. B. 4626 - “A Bill to amend and reenact §11-13BB-3, §11-13BB-4 and §11-13BB-14 of the Code of West Virginia, 1931, as amended, all relating to the West Virginia innovative mine safety technology tax credit act; requiring that proximity detection systems, cameras and underground safety shelters and the refurbishing thereof be on the list of approved innovative mine safety technology; providing exception to intent of the Legislature as to description of what should be on the list; extending the tax credit authorized for qualified investment in eligible safety property under the act; and correcting cross-references.”
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. 2008, Relating to the Dealer Recovery Program,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2008 – “A Bill to amend and reenact §17A-6-2a of the Code of West Virginia, 1931, as amended, relating generally to the Dealer Recovery Fund; specifying that the Dealer Recovery Fund Control Board has discretionary jurisdiction to hear claims; and providing the types of claims for damages that may be awarded from the Dealer Recovery Fund,”
And,
H. B. 4558, Establishing the Entrepreneurship and Innovation Investment Fund in the West Virginia Development Office,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4558 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5B-2-16, relating to establishing the Entrepreneurship and Innovation Investment Fund in the West Virginia Development Office; and setting forth general structure of fund and distribution of funds,”
With the recommendation that the committee substitutes each do pass.
Delegate Shott, Chair of the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4217, Permitting an attending physician to obtain a patient’s autopsy report,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4217 - “A Bill to amend and reenact §61-12-10 of the Code West Virginia, 1931, as amended, relating to permitting a designated representative of a health care facility or an attending physician to obtain a patient’s autopsy report,”
H. B. 4524, Establishing guidelines for the substitution of certain biological pharmaceuticals,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4524 - “A Bill to amend and reenact §30-5-12b of the Code of West Virginia, 1931, as amended, relating to establishing guidelines for the substitution of certain biological pharmaceuticals by pharmacists; defining terms; providing for guidelines relating to substitution of interchangeable biological products; establishing communication requirements between the pharmacists and prescriber relating to substitution of interchangeable biological products; and requiring maintenance of records relating to biological products dispensed for at least two years,”
And,
H. B. 4571, Relating to the final day of filing announcements of candidates for a political office,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4571 - “A Bill to amend and reenact §3-5-7 of the Code of West Virginia, 1931, as amended, relating to the filing of certificates of announcements of candidates for a political office; providing instructions regarding the last day of filing certificates of announcement; requiring that the Office of the Secretary of State be open from 9:00 a.m. until 11:59 p.m. on the last day of filing certificates of announcement; and requiring the offices of the County Clerks of each county be open from 12:00 p.m. until 6:00 p.m. on that date,”
With the recommendation that the committee substitutes each do pass.
Delegate Shott, Chair of the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4490, Relating to oil and gas permits not to be on flat well royalty leases,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4490 - A A Bill to amend and reenact §22-6-8 of the Code of West Virginia, 1931, as amended, relating to oil and gas permits not to be on flat well royalty leases; legislative findings and declarations; permit requirements,@
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. 4529, Relating to oath by municipal official certifying list of delinquent business and occupation taxes,
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. 4447, Providing for a uniform and efficient system of broadband conduit installation,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4447 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §31G-5-1, §31G-5-2, §31G-5-3, §31G-5-4, §31G-5-5, §31G-5-6, §31G-5-7, §31G-5-8, §31G-5-9, §31G-5-10 and §31G-5-11, all relating to providing a uniform and efficient system of broadband conduit installation coinciding with the construction, maintenance or improvement of highways, and rights-of-way under the oversight of the Division of Highways; defining terms; providing procedures for broadband conduit installation in rights of way; providing for requirements for permits to install broadband conduit there; providing for agreements to install broadband conduit there and terms to be included; compensation due the Division of Highways for use of spare conduit or related facilities of the Division of Highways as part of any longitudinal access granted to a right-of-way pursuant to this section; defining the valuation of such compensation, including in-kind compensation; establishing limitations on longitudinal access consistent with highway safety and certain existing highway policies; delineating requirements for provider initiated construction; providing guidelines for joint use of trenches or trench sharing where multiple providers share a single trench and agreements governing the same; delineating provisions governing the Division of Highways offering a provider use of, and access to, its spare conduit; providing guidelines for the relocation and upgrade of existing telecommunications facilities within rights-of-way for state highways; providing guidelines for the installation of broadband conduit in covered highway construction projects; providing that the Division of Highways install broadband conduit on certain highway construction projects as recommended by the Broadband Enhancement Council; requiring coordination between the Broadband Enhancement Council and various state and local government entities for the installation, maintenance and improvement of the conduit; requiring development of a strategy and adoption of policies for deployment of broadband conduit to serve buildings and property of state, county, municipal and local units of government owned lands and buildings; and providing joint rule-making authority to the Broadband Enhancement Council and the Commissioner of the Division of Highways to further the ends of this statute,”
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. 4455, Relating to the animal abuse,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4455 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designation §61-8-19(d), all relating to animal abuse generally; prohibiting activities connected with sexual abuse of an animal; establishing criminal penalties; providing for forfeiture of animals, payment of associated costs, providing for restrictions on owning animals upon conviction; and requiring psychiatric evaluation and payment of costs in certain circumstances,”
And,
H. B. 4494, Authorizing certain motor vehicle manufacturers to operate as new car dealers,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4494 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17A-6A-10A, relating to authorizing certain motor vehicle manufacturers to operate as new car dealers; and providing conditions necessary for that authorization to be granted,”
With the recommendation that the committee substitutes each do pass.
Delegate Shott, Chair of the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4336, Updating the schedule of controlled substances,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for 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,”
With the recommendation that the committee substitute do pass.
Mr. Speaker, Mr. Armstead, Chair of the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
H. C. R. 2, U. S. Marine Corps PFC James Ralph Heeter Memorial Bridge,
H. C. R. 4, U. S. Army SPC4 Gary Wayne Morgan Memorial Bridge,
H. C. R. 9, U. S. Air Force Major Neil L. Ferrell Memorial Bridge,
H. C. R. 25, U. S. Army SPC David A. Hess Memorial Bridge,
H. C. R. 35, USMC LCpl George W. Henry,
H. C. R. 61, U. S. Army PFC Cornelious Wiley Memorial Bridge,
H. C. R. 65, U. S. Army CPL George Browning Memorial Road,
And,
H. C. R. 68, U. S. Army SGT Douglas Thompson Memorial Road,
And reports the same back with the recommendation that they each be adopted.
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. 4345, Relating to limitations on permits for growers, processors and dispensaries of medical cannabis,
And reports back a committee substitute therefor, with a new title, as follows: Com. Sub. for H. B. 4345 - “A Bill to amend and reenact §16A-4-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §16A-6-13 of said code; and to amend §16A-16-1 of said code, all relating to medical cannabis; adding requirements for practitioners to issue a certification; adding a requirement that practitioners provide an attestation; increasing the number of permits that the bureau may issue for growers, processors and dispensaries of medical cannabis; permitting a grower to be a processor and a processor to be a grower; allowing growers and processors to be dispensaries; permitting dispensaries to be growers and processors and authorizing the bureau to implement a process for pre-registration,”
With the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 4345) to the Committee on Finance was abrogated.
On motion for leave, a bill was introduced (Originating in the Committee on the Judiciary with the recommendation that it do pass), which was read by its title, as follows:
By Delegate Moore:
H. B. 4627 - “A Bill to amend and reenact §8-21-8 of the code of West Virginia, 1931, as amended, relating to providing a limitation on the eminent domain authority of a municipal park board by requiring the approval of the governing body of that municipality in instances where it is sought to be exercised.”
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. 4392, Relating to Medicaid subrogation liens of the Department of Health and Human Resources,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4392 - “A Bill to amend and reenact §9-5-11 of the Code of West Virginia, 1931, as amended, relating to Medicaid subrogation liens of the Department of Health and Human Resources; extending the definition of a liable “third-party” to include certain insurers; establishing notice requirements for claims and civil actions; providing authority for the secretary to negotiate and incentivize Medicaid members to prosecute lawsuits against liable third parties; requiring department authorization before finalizing settlement in certain circumstances; establishing the notice, procedure and consent requirements for settlement allocation; establishing procedure in the event the department rejects the proposed allocation; establishing the burden of proof regarding allocation dispute proceedings in court; requiring the trial court to consider the department’s interests in maximizing recovery for purposes of the operation of the Medicaid program in an allocation dispute; where a final subrogation lien is less than $1,500 those matters are exempt from the provisions of this section; modifying the penalty for failure of recipient’s legal representative to notify the department to include interest, and setting effective date,”
And,
H. B. 4603, Providing immunity from civil liability to facilities and employees providing crisis stabilization,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4603 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §55-7K-1, §55-7K-2, and §55-7K-3, relating to providing immunity from civil liability to facilities and employees providing crisis stabilization and/or drug and alcohol detoxification services, substance use disorder services, and/or drug overdose services on a short-term basis; providing that the provisions of this article are applicable prospectively to all causes of action filed on or after July 1, 2018; and providing that the provisions of this article are to operate in addition to, and not in derogation of, any of the provisions contained in the Medical Professional Liability Act,”
With the recommendation that the committee substitutes each 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. 4153, Imposing a health care related provider tax on certain health care organizations,
And reports the same back, with the recommendation that it do pass.
Delegate Cowles addressed the House, explaining that the Committee on the Judiciary had reported H. B. 4036 from committee on yesterday without the recommendation that the bill be second referenced to the Committee on Finance as previously referenced at its introduction.
At the request of Delegate Cowles, and by unanimous consent, the House of Delegates returned to further consideration of Com. Sub. for H. B. 4036, Increasing the maximum salaries of family case coordinators and secretary-clerks.
At the request of Delegate Cowles, and by unanimous consent, second reference of the bill (Com. Sub. for H. B. 4036) to the Committee on Finance was abrograted.
Messages from the Executive
Mr. Speaker, Mr. Armstead presented a communication from His Excellency, the Governor, advising that on February 21, 2018, he approved Com. Sub. for S. B. 267.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 412 - “A Bill to amend and reenact §7-1-3ff of the Code of West Virginia, 1931, as amended; and to amend and reenact §30-29-1 of said code, all relating to providing that any litter control officer who is trained and certified as a law-enforcement officer and whose certification is active has the same authority as any other law-enforcement officer to enforce all litter laws; and including litter control officers in the definition of the term ‘law-enforcement officer’”; which was referred to the Committee on Government Organization 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. 474 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-22-4; and to amend and reenact §21-1C-5 of said code, all relating to requiring that certain documents that include records of wages be considered confidential; prohibiting governmental entity that requires private company contracting with, or seeking to contract with, a governmental entity for a construction project to submit any document that includes records of actual wages paid to employers from disclosing document or information contained therein to any other entity or person; permitting disclosure of such document or information to state or federal agency; providing that any such document containing records of actual wages paid to employees shall be considered confidential and proprietary and may not be considered a public record; defining ‘governmental entity’; defining contents of certified payroll document; providing that any document containing records of actual wages paid to employees filed or submitted pursuant to the West Virginia Jobs Act may not be disclosed by the Division of Labor or a public authority to any other entity or person other than to a state or federal agency; and providing that any document submitted or filed pursuant to the West Virginia Jobs Act that includes records of actual wages paid to employees or information contained therein shall be considered confidential and proprietary and may not be considered a public record”; which was referred to the Committee on Industry and Labor 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. 522 - “A Bill to amend and reenact §29A-1-3b of the Code of West Virginia, 1931, as amended; and to amend and reenact §29A-3-8, §29A-3-12, and §29A-3-19 of said code, all relating generally to the Administrative Procedures Act; providing that rules become void if statutory authority is repealed; providing that legislative exempt, procedural, or interpretive rules may be repealed by an agency upon notification to Secretary of State; relating to the deadline for filing agency-approved rules; providing a procedure for the agencies to affirmatively seek renewal of a legislative rule; providing that legislative rules up for termination are not subject to a public comment period; and providing for review by the Legislative Rule-Making Review Committee”; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 523 – “A Bill to amend and reenact §11-6A-5a of the Code of West Virginia, 1931, as amended, relating to pollution control facilities tax treatment; clarifying that wind power projects are not pollution control facilities for purposes of this article; and providing that wind power projects be taxed at the real property rate”; which was referred to the Committee on Energy then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 543 - “A Bill to amend and reenact §27-3-1 of the Code of West Virginia, 1931, as amended, relating generally to confidentiality of certain medical records; eliminating disclosure exception for treatment or internal review purposes; eliminating 30-day requirement; eliminating requirement that provider make good faith effort to obtain consent from the patient or legal representative; eliminating requirement that the minimum information necessary is released for a specifically stated purpose; eliminating requirement that prompt notice of the disclosure, the recipient of the information, and the purpose of the disclosure is given to the patient or legal representative; and adopting provisions of federal law which pertain to disclosure of protected health information”; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 626 – “A Bill to amend and reenact §22-3-9 and §22-3-20 of the Code of West Virginia, 1931, as amended; to amend and reenact §22-11-7a of said code; to amend and reenact §22A-1-36 of said code; to amend said code by adding thereto a new section, designated §22A-1-42; to amend and reenact §22A-2-2, §22A-2-3, §22A-2-4, §22A-2-4a, §22A-2-5, §22A-2-25, §22A-2-26, §22A-2-37, and §22A-2-55 of said code; and to amend and reenact §22A-2A-1001 of said code, all relating generally to coal mining; establishing new notice requirements regarding permit applications under the Surface Coal Mining and Reclamation Act; clarifying when a certification is granted under the Water Pollution Control Act; clarifying when a comprehensive mine safety program is subject to annual review; establishing the use of MSHA-approved ground control plans for surface operations; requiring automated external defibrillators be present on surface operations; requiring the Director of the Office of Miners’ Health, Safety, and Training to promulgate emergency rules; providing that one MSHA-approved plan may be submitted to the director in lieu of separate state-approved plans for ventilation, seals, roof control, belt air, self-contained self-rescuer storage, tracking and communication, and emergency shelters; requiring that the MSHA-approved comprehensive safety plan be forwarded to the director in a timely manner; and permitting the use of diesel-powered generators in underground mines under certain conditions”; which was referred to the Committee on Energy then the Judiciary.
Special Calendar
Unfinished Business
The following resolutions were reported by the Clerk:
H. C. R. 3, U. S. Army Cpl David Michael Hopkins and U.S. Army Cpl Romey Earl Hughart, Jr. Memorial Bridge,
H. C. R. 5, U. S. Army PFC Jessie Franklin Crow Memorial Bridge,
Com. Sub. for H. C. R. 13, U. S. Army SGM Bill E. Jeffrey Memorial Road,
Com. Sub. for H. C. R. 30, U. S. Army PFC Victor Allen Mazitis, Jr. Memorial Bridge,
H. C. R. 33, U. S. Army 2LT Clarence Dragoo Memorial Bridge,
Com. Sub. for H. C. R. 41, Relating to a study of a statewide virtual library,
H. C. R. 47, U. S. Army SPC 4 William L. Amos Memorial Bridge,
H. C. R. 75, PVT George Howell, Continental Army Memorial Highway,
And,
H. C. R. 78, U. S. Marine Corps PFC Danny Marshall Memorial Bridge.
The resolutions (H. C. R. 3, H. C. R. 5, Com. Sub. for H. C. R. 13, Com. Sub. for H. C. R. 30, H. C. R. 33, Com. Sub. for H. C. R. 41, H. C. R. 47, H. C. R. 75 and H. C. R. 78) were then adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. C. R. 64, USMC Cpl Hershel ‘Woody’ Williams Highway; was then reported by the Clerk.
The question now being on the adoption of the resolution the yeas and nays were demanded, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 202), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:
Absent and Not Voting: Deem, Ellington, Kelly, Marcum, Phillips, Shott, Summers and White.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. C. R. 64) adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Third Reading
Com. Sub. for H. B. 2843, Permitting Class III municipalities to be included in the West Virginia Tax Increment 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. 203), and there were, including pairs--yeas 86, nays 7, absent and not voting 7, with the paired, nays and absent and not voting being as follows:
Pursuant to House Rule 43, the following pairing was announced by the Clerk:
Paired:
Yea: Isner Nay: Marcum
Nays: Canestraro, Dean, Ferro, Folk, McGeehan and Robinson.
Absent and Not Voting: Deem, Ellington, Kelly, Phillips, Shott, Summers 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. 2843) passed.
On motion of Delegate Nelson, the title of the bill was amended to read as follows:
Com. Sub. for H. B. 2843 - “A Bill to amend and reenact §7-11B-3, §7-11B-4, §7-11B-7 and §7-11B-8 of the Code of West Virginia, 1931, as amended, all relating to the West Virginia Tax Increment Financing Act; giving Class III municipalities the authority to exercise the powers under the act, and requiring certain reporting to certain levying bodies.”
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. 2983, Granting priority to roadway construction, reconstruction and maintenance for roadways prone to recurring floods that hinder ingress and egress; 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. 204), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:
Absent and Not Voting: Deem, Ellington, Kelly, Marcum, Phillips, Shott, Summers 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. 2983) 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. 4219, Permitting employees of educational services cooperatives to participate in the State Teachers Retirement System; 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. 205), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:
Absent and Not Voting: Deem, Ellington, Kelly, Marcum, Phillips, Shott, Summers and White.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4219) 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. 4289, Relating to disability pensions of municipal employees; 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. 206), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:
Absent and Not Voting: Deem, Ellington, Kelly, Marcum, Phillips, Shott, Summers 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. 4289) 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. 4347, Relating to voluntary contributions to the West Virginia State Police Forensic Laboratory 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. 207), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:
Absent and Not Voting: Deem, Ellington, Kelly, Marcum, Phillips, Shott, Summers 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. 4347) 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. 4502, Adding the crimes of murder and armed robbery to the list of offenses for which a prosecutor may apply for an order authorizing interception; 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. 208), and there were, including pairs-yeas 92, nays 1, absent and not voting 7, with the paired, and absent and not voting being as follows:
Pursuant to House Rule 43, the following pairing was announced by the Clerk:
Paired:
Yea: Isner Nay: Marcum
Absent and Not Voting: Deem, Ellington, Kelly, Phillips, Shott, Summers 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. 4502) 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. 4542, Allowing public service districts to accept payment by credit card; 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. 209), and there were, including pairs-yeas 92, nays 1, absent and not voting 7, with the paired and absent and not voting and being as follows:
Pursuant to House Rule 43, the following pairing was announced by the Clerk:
Paired:
Yea: Isner Nay: Marcum
Absent and Not Voting: Deem, Ellington, Kelly, Phillips, Shott, Summers 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. 4542) 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. 4607, Establishing certain criteria for the restricted operation of drones within State Parks, Forests, and Rail Trails; 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. 210), and there were, including pairs-yeas 92, nays 1, absent and not voting 7, with the paired and absent and not voting being as follows:
Pursuant to House Rule 43, the following pairing was announced by the Clerk:
Paired:
Yea: Isner Nay: Marcum
Absent and Not Voting: Deem, Ellington, Kelly, Phillips, Shott, Summers 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. 4607) 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. 4619, Relating to supporting implementation of comprehensive systems for teacher and leader induction and professional growth; 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. 211), and there were, including pairs--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:
Absent and Not Voting: Deem, Ellington, Kelly, Marcum, Phillips, Shott, Summers 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. 4619) passed.
Delegate Cowles moved that the bill take effect July 1, 2018.
On this question, the yeas and nays were taken (Roll No. 212), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:
Absent and Not Voting: Deem, Ellington, Kelly, Marcum, Phillips, Shott, Summers 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. 4619) takes effect July 1, 2018.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4624, Relating to West Virginia coordinate systems; 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. 213), and there were, including pairs-yeas 92, nays 1, absent and not voting 7, with the paired and absent and not voting being as follows:
Pursuant to House Rule 43, the following pairing was announced by the Clerk:
Paired:
Yea: Thompson Nay: Marcum
Absent and Not Voting: Deem, Ellington, Kelly, Phillips, Shott, Summers and White.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4624) 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
The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:
Com. Sub. for H. B. 2889, Allowing military veterans with certain military ratings to qualify for examinations required of probationary police officer,
Com. Sub. for H. B. 4214, Increasing penalties for unlawfully possessing or digging ginseng,
Com. Sub. for H. B. 4444, Clarifying the authority of the State Fire Commission in adopting a State Building Code,
H. B. 4465, Authorizing the acupuncture board to issue certificates to perform auricular acudetox therapy,
Com. Sub. for H. B. 4481, Relating to mandatory inter-board reporting by licensees or registrants of the boards of medicine, osteopathic medicine, nursing,
H. B. 4539, Providing an annual annuity adjustment of 1 percent for eligible deputy sheriff retirants and surviving spouses,
Com. Sub. for H. B. 4546, Relating to where an application for a marriage license may be made,
And,
Com. Sub. for H. B. 4550, Providing the Board of Barbers and Cosmetologists the authority to establish an apprenticeship program for cosmetologists.
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. 2383, Providing for the redistricting office of the Joint Committee on Government and Finance to propose redistricting plans during census years,
Com. Sub. for H. B. 2982, Relating to allowing Powerball, Mega Millions and Hot Lotto ticket winners to remain anonymous,
Com. Sub. for H. B. 4014, Relating to reorganization of the West Virginia Department of Health and Human Resources,
Com. Sub. for H. B. 4016, Relating to combatting waste, fraud, and misuse of public funds through investigations, accountability and transparency,
Com. Sub. for H. B. 4166, Establishing a special revenue fund to be known as the “Capital Improvements Fund — Department of Agriculture Facilities”,
Com. Sub. for H. B. 4187, Business Liability Protection Act,
Com. Sub. for H. B. 4218, Relating to medical professional liability,
Com. Sub. for H. B. 4309, Restricting the sale and trade of dextromethorphan,
Com. Sub. for H. B. 4394, Relating to forest fires,
Com. Sub. for H. B. 4453, Relating to judicial review of contested cases under the West Virginia Department of Health and Human Resources Board of Review,
H. B. 4486, Relating to persons required to obtain a license to engage in the business of currency exchange,
And,
Com. Sub. for H. B. 4509, Relating to the establishment of substance abuse treatment facilities.
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 committee reports.
Committee Reports
On motion for leave, a bill was introduced (Originating in the Committee on Finance with the recommendation that it do pass), which was read by its title, as follows:
By Delegates Nelson, C. Miller, Boggs, Walters, Westfall, Espinosa, Ambler, Frich, Hartman and Storch:
H. B. 4628 - “A Bill to amend and reenact §23-2C-3 of the Code of West Virginia, 1931, as amended, relating to authorizing the redirection of amounts collected from certain surcharges and assessments on workers’ compensation insurance policies for periods prior to January 1, 2019; terminating the surcharges and assessments after December 31, 2018; and terminating the provisions of the section beginning on and after January 1, 2019, and exceptions thereto.
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. 4357, West Virginia Small Wireless Facilities Deployment Act,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4357 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new chapter, designated §31H-1-1, §31H-1-2, §31H-2-1, §31H-2-2, §31H-2-3, and §31H-2-4, all relating to the establishment of the West Virginia Small Wireless Facilities Deployment Act; making legislative findings; defining terms; providing for access to public rights-of-way for the collocation of small wireless facilities; providing for certain permit requirements; requiring permits to be issued on a nondiscriminatory basis; providing for the collection of fees and setting the amount of fees; and providing for certain local zoning, indemnification, insurance, and bonding requirements,”
And,
H. B. 4563, Relating to the severance tax on oil and gas produced from low producing wells
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4563 – A Bill to amend and reenact §11-13A-3a of the Code of West Virginia, 1931, as amended, removing the severance tax on oil and gas produced from low producing wells,
With the recommendation that the committee substitutes each do pass.
Delegate Hanshaw, Chair of the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the 23rd day of February, 2018, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
Com. Sub. for H. B. 2831, Relating to the reconstitution of the Driver’s Licensing Advisory Board,
And,
Com. Sub. for H. B. 4242, Clarifying the jurisdictional amount for removal of a civil action from magistrate court to circuit court.
Leaves of Absence
At the request of Delegate Cowles, and by unanimous consent, leaves of absence for the day were granted Delegates Deem, Ellington, Kelly, Phillips 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:
- Delegate Eldridge regarding the death of the father of Delegate White
- Delegates Boggs, Brewer, Campbell, Caputo, Fluharty, Harshbarger, Rowe, Robinson and Sponaugle 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 Hamilton for H. B. 4153
- Delegate Byrd for H. B. 4447
At 1:57 p.m., the House of Delegates adjourned until 11:00 a.m., Monday, February 26, 2018.