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Friday, February 1, 2019
TWENTY-FOURTH DAY
[DELEGATE HANSHAW, MR. SPEAKER, IN THE CHAIR]
The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Roger Hanshaw, 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 31, 2019, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
On motion for leave a bill was introduced (Originating in the Committee on Small Business Entrepreneurship and Economic Development and reported with the recommendation that it do pass, but that it first be referred to the Committee on Finance), which was read by its title, as follows:
By Delegates Higginbotham, Queen, Skaff, Atkinson, Doyle, Hartman, Hornbuckle, C. Martin, Nelson, Toney and Waxman:
H. B. 2828 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12j; and to amend said code by adding thereto a new section, designated §11-24-6b all relating to promoting investment in a Qualified Opportunity Zone by providing a mechanism to exempt taxable income from corporate net income tax and personal income tax during the first ten (10) years of a Qualified Opportunity Zone Business’s operation within one or more Qualified Opportunity Zones located in West Virginia; providing an effective date; and authorizing rulemaking authority for the Tax Commissioner.”
The Speaker referred the bill (H. B. 2828) to the Committee on Finance.
Delegate Shott, Chair of the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2691, Providing that a license to carry a concealed deadly weapon expires on the holder’s birthday,
And reports the same back with the recommendation that it do pass.
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. 2779, Providing that proceeds from certain oil and gas wells to persons whose name or address are unknown are to be kept in a special fund,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2779 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §37-4-9; and to amend and reenact §55-12A-7 of said code, all relating to funding the Oil and Gas Reclamation Fund by providing that proceeds from certain oil and natural gas wells and interests that are due to persons whose names or addresses are unknown or unlocatable which are being kept in special funds throughout the state, if unclaimed for seven years or more, shall be transferred to the Oil and Gas Reclamation Fund and used to plug orphaned and abandoned oil and natural gas wells; providing and clarifying that certain deed provisions purporting to convey or reserve interests created by this article are void, providing that certain provisions take effect beginning when funds have been unclaimed for seven years after the special commissioner’s lease regardless of when the lease was signed; and authorizing rule making,”
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. 2452, Creating the West Virginia Cybersecurity Office,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
Pursuant to House Rule 80, the Speaker referred the bill (H. B. 2452) to the Committee on Finance.
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. 2647, Self Storage Limited License Act,
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. 2647) was referred to the Committee on the Judiciary.
Delegate Jennings, 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:
H. B. 2627, Removing all costs and fees from a Silver Star registration plate,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2627) was referred to the Committee on Finance.
Delegate Jennings, 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:
H. B. 2657, Relating to registration of military surplus vehicles,
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. 2657) was referred to the Committee on the Judiciary.
Delegate Nelson, 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. 2538, Providing banking services for medical cannabis,
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. 2538) was referred to the Committee on the Judiciary.
Delegate Rohrbach, 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. 2397, Requiring county school boards to provide adequate mental health and counseling services,
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 Education.
In accordance with the former direction of the Speaker, the bill (H. B. 2397) was referred to the Committee on Education.
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. 2490, Preventing proposing or enforcing rules that prevent recreational water facilities from making necessary upgrades,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2490 - “A Bill to amend and reenact §16-1-4 of the Code of West Virginia, 1931, as amended, relating to preventing the secretary of the Department of Health and Human Resources from enforcing certain rules relating to public pools,”
With the recommendation that the committee substitute do pass.
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. 2515, Exempting the sale and installation of mobility enhancing equipment from the sales and use tax,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2515) was referred to the Committee on Finance.
Delegate Rohrbach, 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:
Com. Sub. for S. B. 62, Requiring participation in drug court program before discharge of certain first-time drug offenses,
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 (Com. Sub. for S. B. 62) was referred to the Committee on the Judiciary.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 187 - “A Bill to amend and reenact §64-7-1, §64-7-2, and §64-7-3 of the Code of West Virginia, 1931, as amended, all relating generally to authorizing certain agencies under the Department of Tax and Revenue to promulgate legislative rules; authorizing the rules as filed and as modified by the Legislative Rule-Making Review Committee; authorizing the State Tax Department to promulgate a legislative rule relating to exchange of information agreement between the Commissioner of the Tax Division of the Department of Revenue and the Commissioner of the Division of Labor of the Department of Commerce, the Commissioner of the Insurance Commission of the Department of Revenue, the Commissioner of the Division of Motor Vehicles of the Department of Transportation, the Commissioner of the Bureau of Employment Programs, and the Office of the Governor; authorizing the State Tax Department to promulgate a legislative rule relating to payment of taxes by electronic funds transfer; authorizing the State Tax Department to promulgate a legislative rule relating to aircraft operated under a fractional ownership program; authorizing the State Tax Department to promulgate a legislative rule relating to citizen tax credit for property taxes paid; authorizing the State Tax Department to promulgate a legislative rule relating to administration of tax on purchases of wine and liquor inside and outside of municipalities; authorizing the State Tax Department to promulgate a legislative rule relating to exchange of information agreement between Tax Division and Division of Environmental Protection; authorizing the State Tax Department to promulgate a legislative rule relating to exchange of information agreement between the State Tax Division and the Alcohol Beverage Control Administration; authorizing the State Tax Department to promulgate a legislative rule relating to exchange of information pursuant to written agreement; authorizing the State Tax Department to promulgate a legislative rule relating to exchange of information agreement between the State Tax Department and the West Virginia Lottery; authorizing the State Tax Department to promulgate a legislative rule relating to exchange of information agreement between the State Tax Department and the Office of the State Fire Marshal; authorizing the Lottery Commission to promulgate a legislative rule relating to West Virginia Lottery sports wagering rule; and authorizing the Racing Commission to promulgate a legislative rule relating to thoroughbred racing”; which was referred to the Committee on Finance then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 199 - “A Bill to amend and reenact §64-9-1, §64-9-2, §64-9-3, §64-9-4, §64-9-5, §64-9-6, §64-9-7, §64-9-8, §64-9-9, §64-9-10, and §64-9-11 of the Code of West Virginia, 1931, as amended, all relating generally to authorizing certain miscellaneous agencies and boards to promulgate legislative rules; authorizing the rules as filed, as modified by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Athletic Commission to promulgate a legislative rule relating to administrative rules of the West Virginia State Athletic Commission; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to animal disease control; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to industrial hemp; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to rural rehabilitation loan program; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to captive cervid farming; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to farm-to-food bank tax credit; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to agritourism; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to farmers markets; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to seed certification program; authorizing the Board of Licensed Dietitians to promulgate a legislative rule relating to licensure and renewal requirements; authorizing the Board of Medicine to promulgate a legislative rule relating to licensing and disciplinary procedures: physicians; podiatric physicians and surgeons; authorizing the Board of Medicine to promulgate a legislative rule relating to permitting and disciplinary procedures: educational permits for graduate medical interns, residents, and fellows; authorizing the Board of Osteopathic Medicine to promulgate a legislative rule relating to licensing procedures for osteopathic physicians; authorizing the Board of Pharmacy to promulgate a legislative rule relating to licensure and practice of pharmacy; authorizing the Board of Pharmacy to promulgate a legislative rule relating to Board of Pharmacy rules for registration of pharmacy technicians; authorizing the Board of Pharmacy to promulgate a legislative rule relating to regulations governing pharmacy permits; authorizing the Board of Pharmacy to promulgate a legislative rule relating to regulations governing pharmacists; authorizing the Board of Pharmacy to promulgate a legislative rule relating to rules for the substitution of biological pharmaceuticals; authorizing the Real Estate Appraiser Licensing and Certification Board to promulgate a legislative rule relating to requirements for licensure and certification; authorizing the Board of Examiners for Registered Professional Nurses to promulgate a legislative rule relating to policies, standards, and criteria for the evaluation, approval, and national nursing accreditation of prelicensure nursing education programs; authorizing the Board of Examiners for Registered Professional Nurses to promulgate a legislative rule relating to requirements for registration and licensure, and conduct constituting professional misconduct; authorizing the Board of Examiners for Registered Professional Nurses to promulgate a legislative rule relating to advanced practice registered nurse licensure requirements; authorizing the Board of Examiners for Registered Professional Nurses to promulgate a legislative rule relating to scope of professional nursing practice; authorizing the Board of Examiners for Registered Professional Nurses to promulgate a legislative rule relating to fees for services rendered by the board and supplemental renewal fee for the Center for Nursing; authorizing the Board of Examiners for Registered Professional Nurses to promulgate a legislative rule relating to dialysis technicians; authorizing the Secretary of State to promulgate a legislative rule relating to filing and formatting rules and related documents and other documents for publication in the State Register; authorizing the Secretary of State to promulgate a legislative rule relating to loan and grant programs under the Help America Vote Act for the purchase of voting equipment, election systems, software, services, and upgrades; authorizing the Secretary of State to promulgate a legislative rule relating to early voting in-person satellite precincts; authorizing the Secretary of State to promulgate a legislative rule relating to notaries public; authorizing the Board of Social Work Examiners to promulgate a legislative rule relating to qualifications for the profession of social work; authorizing the Board of Social Work Examiners to promulgate a legislative rule relating to code of ethics; and authorizing the Treasurer’s Office to promulgate a legislative rule relating to reporting and claiming unknown and unlocatable interest owners’ reserved interests”; 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
S. B. 256 - “A Bill to amend and reenact §11-10-14a of the Code of West Virginia, 1931, as amended, relating to allowing certain deductions to be made from individual personal income tax refunds; providing check off for nursing home and health care for aged and disabled veterans in the West Virginia Veterans Home; and providing check off for purposes of operating and maintaining the Donel C. Kinnard Memorial State Veterans Cemetery”; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the title amendment of the House of Delegates and the passage, as amended, of
S. B. 272, Updating code relating to Commission on Special Investigations.
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. 297 - “A Bill to amend and reenact §17B-2-12 of the Code of West Virginia, 1931, as amended, relating to extending the expiration of driver’s licenses for active military members’ spouses”; which was referred to the Committee on Technology and Infrastructure then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Technology and Infrastructure then Rules:
S. C. R. 12 - “Requesting the Division of Highways name bridge number 50-37-22.70 (50A076), locally known as East Lynn Bridge, carrying WV 37 over the East Fork of Twelvepole Creek in Wayne County, the ‘U. S. Army CPL Lee Roy Young Memorial Bridge’.”
Whereas, Lee Roy Young was born in 1933, in Genoa, Wayne County, West Virginia; and
Whereas, CPL Lee Roy Young joined the United States Army and served with the 8th Cavalry Regiment, 1st Cavalry Division, in the Chorwon area of the Korean War; and
Whereas, CPL Lee Roy Young was seriously wounded while fighting the enemy in South Korea on May 26, 1951. He returned to duty on May 29, 1951; and
Whereas, CPL Lee Roy Young was killed in action while fighting the enemy in North Korea on October 17, 1951. He is buried in the Young Family Cemetery in Genoa, Wayne County, West Virginia; and
Whereas, It is fitting that an enduring memorial be established to commemorate CPL Lee Roy Young and his sacrifice for our state and country; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 50-37-22.70 (50A076), locally known as East Lynn Bridge, carrying WV 37 over the East Fork of Twelvepole Creek in Wayne County, the “U. S. Army CPL Lee Roy Young Memorial Bridge”; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “U. S. Army CPL Lee Roy Young Memorial Bridge”; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways.
Resolutions Introduced
Delegates Sponaugle, Hartman, N. Brown, Staggers, Barrett, Caputo, Miley, Diserio, Angelucci, S. Brown and Boggs offered the following resolution, which was read by its title and referred to the Committee on Technology and Infrastructure:
Whereas, Jackie Carson Evans was born October 15, 1949, in Petersburg, West Virginia to Harry V. Evans and Lucy May Kevner Evans; and
Whereas, Jackie Carson Evans grew up in Moorefield, West Virginia and graduated from Washington-Lee High School in northern Virginia in 1969; and
Whereas, Jack Evans was drafted during the Vietnam War as a Private in the U. S. Army; and
Whereas, After the war PVT Evans married his wife Sandra in 1976 and moved back to Moorefield, West Virginia where they bought Harper’s Motel which is now the Evans Motel, which he operated until his death in 2016; and
Whereas, PVT Evans served on the Moorefield Planning Commission and was a Hardy County elections poll worker for over 30 years; and
Whereas, PVT Evans was a member of American Legion Post 64 in Moorefield and served in the Moorefield Volunteer Fire Company; and
Whereas, PVT Evans was an outdoorsman, an avid fisherman, golfer, and a member of the Valley View Golf Club for many years. PVT Evans often hunted the land around the bridge to be named for him; and
Whereas, PVT Evans is survived by his wife Sandra and two sons, Jason R. Evans and Justin M. Evans, and four granddaughters; and
Whereas, It is fitting that a permanent memorial be established to honor the life and service of PVT Jack C. Evans to both his country and the City of Moorefield, West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 16-55/2C-3.76, crossing U. S. 48 at the East Moorefield exit, and locally known as the Cunningham Lane Bridge in Moorefield, Hardy County, the “PVT Jack C. Evans Memorial Bridge”; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge as the “PVT Jack C. Evans 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.
Delegates Rowe, Caputo, Estep-Burton, Skaff, Robinson, Pushkin, Byrd, Capito, Malcolm, Nelson and Graves offered the following resolution, which was read by its title and referred to the Committee on Technology and Infrastructure then Rules:
H. C. R. 47 - “Requesting the Division of Highways to add ‘UMWA President 1972-1979’ to bridge number 20-77-83.84 (20A615), carrying Interstate 77/64 over Route 79/3 and Cabin Creek in Kanawha County that was named in 2017 as the ‘U. S. Army PFC Arnold Miller Memorial Bridge’.”
Whereas, In 2017 that bridge was named to honor Arnold Miller as a result of the adoption of House Concurrent Resolution 35; and
Whereas, In addition to Arnold Miller’s other achievements, the most notable was serving as President of the United Mine Workers of America from 1972 until his failing health forced him to resign in 1979; and
Whereas, Arnold Miller’s contribution to the State of West Virginia, the United Mine Workers of America, and to miners across the country should be acknowledged on that sign; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to add “UMWA President 1972-1979” to bridge number 20-77-83.84 (20A615), carrying Interstate 77/64 over Route 79/3 and Cabin Creek in Kanawha County that was named in 2017 as the “U. S. Army PFC Arnold Miller Memorial Bridge”; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to add “UMWA President 1972-1979” to the signs at both ends of the bridge containing bold and prominent letters named “U. S. Army PFC Arnold Miller 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.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
By Delegates Steele, Graves, Pack, Butler, McGeehan, Maynard, Howell, Harshbarger and Higginbotham:
H. J. R. 24 - “Proposing an amendment to the Constitution of the State of West Virginia amending section 1b, article X thereof, relating to exempting honorably discharged veterans of the Armed Forces of the United States who have been determined to have a one hundred percent disability from ad valorem property taxation on the full amount of assessed value of a primary residence and all personal property; numbering and designating the proposed amendment; and providing a summarized statement of the purpose of such proposed amendment”; to the Committee on Finance then the Judiciary.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegate Kump:
H. B. 2797 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12j, relating to calculation of West Virginia adjusted gross income for personal income tax purposes; and subtracting social security benefits from federal adjusted gross income to the extent included in federal gross income for federal income tax purposes”; to the Committee on Senior, Children, and Family Issues then Finance.
By Delegates Householder and Criss:
H. B. 2798 - “A Bill to amend and reenact §11-10-3, §11-10-4, §11-10-7, §11-10-14, §11-10-15, and §11-10-16 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §11-10-18c; to amend and reenact §11-21-3, §11-21-51a, §11-21-59 and §11-21-71a of said code; to amend said code by adding thereto four new sections, designated §11-21-37a, §11-21-37b, §11-21-37c and §11-21-59a; to amend and reenact §11-24-20 of said code; and to amend said code by adding thereto a new article, designated §11-21A-1, §11-21A-2, §11-21A-3, §11-21A-4, §11-21A-5, §11-21A-6, §11-21A-7, §11-21A-8, §11-21A-9, §11-21A-10, §11-21A-11, and §11-21A-12, all relating generally to amending West Virginia tax laws to conform to changes in how partnerships and their partners and other pass through entities and their equity owners are treated for federal income tax purposes for tax years beginning after December 31, 2017; amending West Virginia Tax Procedures and Administration Act, Personal Income Tax Act and Corporation Net Income Tax Act to provide for administration, collection and enforcement of income tax on certain partnerships and other passthrough entities treated as partnerships for federal income tax purposes and their partners and equity owners in conformity with changes made by United States Congress in how these entities and their equity owners are treated for federal income tax purposes for taxable years beginning after December 31, 2017; providing for application of West Virginia Tax Procedure and Administration Act to apply to imputed income taxes imposed on partnerships and other passthrough entities; imposing addition to tax for failure of partnership and other passthrough entity to file partnerships returns and reports; imposing imputed personal income tax on certain partnerships and other pass-through entities treated like partnerships for federal income tax purposes based on federal audit adjustments; providing general rules and special rules for allocation and apportionment of business income; providing for filing of amended composite personal income tax returns by pass through entities on behalf of nonresident equity owners; providing additional rules for reporting of federal changes to federal taxable incomes; providing amended rules for reporting of federal adjustments by Internal Revenue Service or other competent authority; providing rules for reporting adjustments by other states resident claims credit for tax paid to another state; providing for passthrough entity withholding on nonresidents when partnership or other passthrough entity pushes federal audit adjustments out to equity owners; adding a new article providing for administration, collection and enforcement of additional West Virginia income taxes from certain partnerships and other pass-through entities treated like partnerships for federal income tax purposes, or their equity owners, that are attributable to federal audit adjustments; defining certain terms; providing for reporting of adjustments to federal taxable income; providing for reporting of federal audit adjustments resulting from federal audit of passthrough entity or from administrative adjustment requests; providing for assessment of additional West Virginia income taxes, interest and additions to tax arising from federal adjustments to federal taxable income within applicable statute of limitations; allowing payment of estimated West Virginia income tax payments during course of federal audit of certain partnerships and other pass-through entities treated as partnerships for federal income tax purposes; providing for refund or credit of West Virginia incomes taxes attributable to finalized federal audit adjustments; providing rules for scope of audit adjustments and extensions of time; specifying effective dates; providing for legislative, interpretive and procedural rules; providing for Tax Procedures and Administration Act and Tax Crimes and Penalties Act to apply to imputes income tax imposes on certain partnerships and other pass-:through entities treated as partnerships for federal income tax purposes; providing additional rules for reporting of changes in federal taxable income of corporations; making technical corrections in existing code sections being amended; and specifying effective dates”; to the Committee on Finance.
By Delegate Kessinger:
H. B. 2799 - “A Bill to amend and reenact §18-5-9 of the Code of West Virginia, 1931, as amended, relating to requiring county boards of education to conduct regular structural inspections of school facilities and structures; and requiring boards to establish a schedule of rotating inspections for all schools every 10 years”; to the Committee on Education then Finance.
By Delegates Kessinger, Foster and Pack:
H. B. 2800 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-15g, relating to requiring county boards of education to permit students who are homeschooled or attend private schools to enroll and take classes at the county’s vocational school”; to the Committee on Education.
By Delegates Kessinger, Pack and Foster:
H. B. 2801 - “A Bill to amend the Code of West Virginia,1931, as amended, by adding thereto a new article, designated §16-2A-1, relating to requiring abortions to be performed by a licensed physician”; to the Committee on Health and Human Resources then the Judiciary.
By Delegates J. Kelly, Shott, Nelson , Anderson and Criss:
H. B. 2802 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §37-16-1, §37-16-2, §37-16-3, §37-16-4, §37-16-5, §37-16-6, §37-16-7, §37-16-8, §37-16-9, §37-16-10, §37-16-11, §37-16-12, and §37-16-13, all relating to enacting the Uniform Partition of Heirs Property Act; defining terms; providing for a court hearing to determine if the partition action concerns heirs’ property; providing for notice by publication in a partition action; providing for requirements for commissioners; providing procedures for a court to follow in determining the value of the property and factors for a court to consider for certain types of partitions; providing procedures for cotenant buyout; providing for alternatives to a partition action; providing for certain factors for the court to consider in determining whether partition in kind is appropriate; providing for open-market sales, sealed bids, or auctions; providing reporting requirements for an open-market sale; providing for uniformity of application and construction; and modifying, limiting, and superseding the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq.”; to the Committee on Energy then the Judiciary.
By Delegates Campbell, Lovejoy, Canestraro, Lavender-Bowe, Higginbotham, Maynard, Pack, Cooper, Paynter and Anderson:
H. B. 2803 - “A Bill to amend and reenact §18-7A-38 of the Code of West Virginia, 1931, as amended, relating to increasing the number of days a retired teacher may accept employment prior to having retirement benefits reduced, from 140 days to 180 days”; to the Committee on Education then Finance.
By Delegates Kessinger, Higginbotham and Cooper:
H. B. 2804 - “A Bill to repeal §29-20-2, §29-20-3, §29-20-4, §29-20-5 and §29-20-6 of the Code of West Virginia, 1931, as amended; and to amend and reenact §29-20-1 of said code, all relating to termination of the Women’s Commission; declaring Women’s Commission terminated and not in existence after June 30, 2019; directing commission to wind up affairs, arrange for disposition of funds, assets, equipment and records, and cease all activities before July 1, 2019; and repealing provisions of code related to Women’s Commission”; to the Committee on Government Organization then Finance.
By Delegates Espinosa, Ellington, Butler, Householder, Kessinger, Porterfield, Jennings, Worrell, Fast and C. Martin:
H. B. 2805 - “A Bill to amend and reenact §18-5-15 of the Code of West Virginia, 1931, as amended, relating to persons to whom schools are open; prohibiting denial of enrollment in any curricular or extracurricular course, program or activity of any person to whom schools are open subject to certain conditions; and stating conditions”; to the Committee on Education.
By Delegates Linville, Summers, Kessinger and Byrd:
H. B. 2806 - “A Bill to amend and reenact §33-51-3, §33-51-4, §33-51-7, §33-51-8 and §33-51-9 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §33-51-10 and §33-51-11, all relating generally to the Pharmacy Audit Integrity Act and the regulation of pharmacy benefit managers; defining terms; requiring pharmacy benefit managers to obtain a license from the Insurance Commissioner before doing business in the state; setting forth terms and fees for licensure of pharmacy benefit managers; authorizing the Insurance Commissioner to promulgate rules for legislative approval relating to licensing, fees, application, financial standards and reporting requirements of pharmacy benefit managers; requiring pharmacy benefit managers provide a reasonably adequate network; providing that a pharmacy benefit manager has a fiduciary duty to certain third parties; requiring the Insurance Commissioner to enforce the licensure provisions relating to pharmacy benefit managers; providing for the applicability of provisions to pharmacy benefit managers; clarifying that requirements do not apply to certain prescription drug plans; clarifying that an auditing entity may not seek a charge-back or recoupment from a pharmacy or pharmacist except in certain circumstances; providing that pharmacy benefit managers may not reimburse a pharmacy or pharmacist for prescription drugs or pharmacy services below a certain cost plus dispensing fee; prohibiting a pharmacy benefit manager from reimbursing a pharmacy or pharmacist for a prescription drug or pharmacy service in an amount less than the amount a pharmacy benefit manager reimburses its affiliates; and requiring the reporting of certain data relating to the payment of pharmacy claims”; to the Committee on Banking and Insurance then Finance.
By Delegates J. Kelly, Nelson, Worrell, D. Kelly, Azinger, Criss, Caputo, Angelucci, Longstreth and N. Brown:
H. B. 2807 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12j; and to amend and reenact §11-21-17a of said code, all relating to creating an additional modification to the West Virginia adjusted gross income of shareholders of S corporations engaged in banking business in this state, similar to the modification that presently exists in the code for banks organized as C corporations”; to the Committee on Banking and Insurance then Finance.
By Delegates Wilson, C. Martin, P. Martin, Butler, Hanna, Porterfield, Bibby, Hardy, Foster, Waxman and Pack:
H. B. 2808 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §7-28-1, §7-28-2, §7-28-3, §7-28-4, §7-28-5, §7-28-6, and §7-28-7, all relating to requiring local entities to enforce immigration laws; providing for definitions; providing for applicability; requiring that a local entity not prohibit the enforcement of immigration laws or the cooperation with other governmental agencies to enforce immigration laws; prohibiting discrimination; providing for a complaint procedures; providing for notice of noncompliance to the local entity; providing for actions to ensure compliance; providing for the denial of state funds to local entities in a final judicial determination; providing for exceptions under certain circumstances; and providing for severability”; to the Committee on Political Subdivisions then the Judiciary.
By Delegate Shott:
H. B. 2809 - “A Bill to amend and reenact § 20-14-8 of the Code of West Virginia, 1931, as amended, relating to prohibited acts and penalties in the Hatfield-McCoy Recreation Area”; to the Committee on the Judiciary.
By Delegate Bates:
H. B. 2810 - “A Bill to amend and reenact §5-16-5 of the Code of West Virginia, 1931, as amended, relating to modifying the method of calculation of the employer and employee contribution percentages for public employee insurance premiums”; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Kessinger:
H. B. 2811 - “A Bill to amend and reenact §30-5-12b of the Code of West Virginia, 1931, as amended, relating to generic drug products; and making the provisions retroactive”; to the Committee on Health and Human Resources then Finance.
By Delegates Caputo, Boggs, Paynter, J. Jeffries, Evans, Phillips, Dean, Storch, Pethtel, Bates and Campbell:
H. B. 2812 - “A Bill to amend and reenact §22A-2-63 of the Code of West Virginia, 1931, as amended, relating to allowing the Office of Miners' Health, Safety and Training to inspect the records of employers of certified persons for compliance purposes, including, but not limited to, compliance with requirements relating to training and drug screenings”; to the Committee on Industry and Labor then Energy then the Judiciary.
By Delegates Householder and Criss:
H. B. 2813 - “A Bill to amend and reenact §11-15A-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §11-15A-6b, all relating generally to collection of use tax; defining terms, requiring collection of use tax by marketplace facilitators and referrers satisfying certain economic nexus requirements; and specifying internal effective date”; to the Committee on Finance.
By Delegates Steele, Foster, Pack and Canestraro:
H. B. 2814 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60A-4-417, relating to making it a felony to transport certain drugs into the state with intent to deliver; prescribing criminal penalties; and making an exception”; to the Committee on the Judiciary.
By Delegates Steele, Shott, Pack, Graves and Canestraro:
H. B. 2815 - “A Bill to amend and reenact §61-3-13 of the Code of West Virginia,1931, as amended, relating to raising the value of goods or chattels that are taken in a larceny to constitute grand larceny”; to the Committee on the Judiciary.
By Delegates Campbell, Canestraro, Higginbotham, Lavender-Bowe, Atkinson, Williams, R. Thompson, Caputo, Hornbuckle, Dean and Pack:
H. B. 2816 - “A Bill to amend and reenact §5-14-1, §5-14-2, §5-14-3, §5-14-5, and §5-14-8 of the Code of West Virginia, 1931, as amended; to amend and reenact §8-13-5a of said code; to amend and reenact §16-22A-4 of said code; to amend and reenact §16-35-2 of said code; to amend and reenact §18-20-1a and §18-20-1b of said code; to amend and reenact §29-3-16a of said code; to amend and reenact §52-1-8 of said code; and to amend and reenact §57-5-7 of said code, all relating to removing the terms ‘hearing impaired,’ ‘hearing impairment,’ and ‘deaf mute’ from the West Virginia Code and substituting the terms ‘deaf or hard of hearing,’ ‘hard of hearing,’ ‘hearing difficulties,’ or ‘difficulties in hearing’ according to context”; to the Committee on Government Organization.
By Delegates Miley, Storch, Westfall, Capito, Hardy, Higginbotham, Byrd, Walker, C. Thompson, Bates and Staggers:
H. B. 2817 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §47-12-1, §47-12-2, §47-12-3, §47-12-4, §47-12-5 and §47-12-6, all relating to creating the Youth Mental Health Protection Act; setting forth legislative findings; setting forth a purpose; defining terms; providing for a prohibition on conversion therapy; setting forth a prohibition for referral services for conversion therapy; and providing for disciplinary actions against providers who violate the article”; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Rodighiero, Evans, Hicks, Tomblin, Miller, J. Kelly, R. Thompson and Doyle:
H. B. 2818 - “A Bill to amend and reenact §18-7D-6 of the Code of West Virginia, 1931, as amended, relating to reopening period to allow purchase of State Teachers Retirement System service credit by transfer from State Teachers Defined Contribution System”; to the Committee on Pensions and Retirement then Finance.
By Delegates Householder and Criss:
H. B. 2819 - “A Bill to amend and reenact §11-12-19 of the Code of West Virginia, 1931, as amended; and to amend and reenact §11-15-8b of said code, all relating generally to contractors; defining certain terms; clarifying business registration requirements in case of both nonresident contractors and nonresident subcontractors; clarifying bonding requirements in case of both nonresident contractors and nonresident subcontractors for purposes of consumers sales and service and use taxes, and including municipal consumers sales and use taxes and special district excise tax within bonding specifications, as applicable”; to the Committee on Finance.
By Delegate Shott:
H. B. 2820 - “A Bill to amend and reenact § 17C-5-3 of the Code of West Virginia, 1931, as amended, relating to establishing criminal penalties for reckless driving resulting in death, and increasing criminal penalties for reckless driving resulting in serious bodily injury”; to the Committee on Technology and Infrastructure then the Judiciary.
By Delegates Householder and Criss:
H. B. 2821 - “A Bill to amend and reenact §15-1B-17 of the Code of West Virginia, 1931, as amended, relating to updating provisions for command, clerical and other pay”; to the Committee on Finance.
By Delegates Rohrbach, Lovejoy, Hornbuckle, Mandt, D. Kelly, Dean, Campbell, Worrell, Hollen and Linville:
H. B. 2822 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-5-3a, relating to creating an enhanced penalty for certain aggravated serious traffic offenses; requiring a person to first be convicted of the underlying offense before the enhanced penalty is permitted to be assessed; and prohibiting the enhanced penalty from increasing a misdemeanor offense to a felony offense”; to the Committee on the Judiciary.
By Delegates Jennings, Sypolt, Williams, Canestraro, Hansen, Pyles, Walker and Miley:
H. B. 2823 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-2A-25, relating to requiring Department of Highways to make available a calendar of projects and related information for each district”; to the Committee on Technology and Infrastructure then Government Organization.
By Delegates Jennings, Rowan and Atkinson:
H. B. 2824 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-18d, relating to teacher to pupil ratio in grades first through third, and requiring third grade students show proficiency before advancing to fourth grade”; to the Committee on Education.
By Delegates Rohrbach, Rowan, Linville, Maynard, Kessinger, Lovejoy and Storch:
H. B. 2825 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-29B-31, relating to creating a workgroup to review the hospice need standards in this state”; to the Committee on Senior, Children, and Family Issues then Health and Human Resources.
By Delegates Campbell, Paynter, J. Kelly, Barrett, R. Thompson, Lavender-Bowe, Dean, Pack, Canestraro, Evans and Bates:
H. B. 2826 - “A Bill to amend and reenact §18-5-45 of the Code of West Virginia, 1931, as amended, relating to altering the school calendar to begin the Tuesday after Labor Day and end the Friday before Memorial Day; provide for accrued minutes to be used toward reaching the required number of instructional days; and providing for up to 10 days of equivalent time to negate effects of school closures”; to the Committee on Education.
By Delegates Sypolt, Phillips, Graves, Nelson, Pyles and Miller:
H. B. 2827 - “A Bill to amend and reenact §11-2-3 of the Code of West Virginia, 1931, as amended, relating to removing the residency requirements for hiring deputy assessors”; to the Committee on Political Subdivisions then Government Organization.
Special Calendar
Third Reading
S. B. 27, Removing restrictions on where certain traditional lottery games may be played; 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. 59), and there were--yeas 86, nays 11, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Anderson, Fast, Hollen, D. Jeffries, Jennings, J. Kelly, Linville, Pack, Porterfield, Toney and Worrell.
Absent and Not Voting: Cooper, Ellington and Kump.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 27) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:
S. B. 27 - “A Bill to amend and reenact §29-22-9 of the Code of West Virginia, 1931, as amended, relating to types of lottery games to be to be conducted by the state lottery commission; removing restrictions on where certain traditional lottery games may be played; and conforming language to recently enacted legislation.”
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 S. B. 255, Relating to Emergency Medical Services Advisory Committee; 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. 60), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Pack.
Absent and Not Voting: Cooper, Ellington and Kump.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 255) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for H. B. 2001, Relating to exempting social security benefits from personal income tax; 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. 61), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Doyle.
Absent and Not Voting: Cooper, Ellington and Kump.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2001) 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. 2474, Relating to a reserving methodology for health insurance and annuity contracts; 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. 62), 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: Cooper, Ellington and Kump.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2474) 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. 2476, Relating to the valuation of a motor vehicle involved in an insurance claim
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 63), 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: Cooper, Ellington and Kump.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2476) 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. 2478, Modifying the Fair Trade Practices 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. 64), and there were--yeas 91, nays 6, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Barrett, Jennings, Longstreth, McGeehan, Paynter and Wilson.
Absent and Not Voting: Cooper, Ellington and Kump.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2478) 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. 2480, Relating to the regulation of an internationally active insurance group; 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. 65), 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: Cooper, Ellington and Kump.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2480) 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. 2524, Permitting a pharmacist to convert prescriptions authorizing refills under certain circumstances; 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. 66), 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: Cooper, Ellington and Kump.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2524) 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. 2679, Relating to state issued identification cards
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 67), 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: Cooper, Ellington and Kump.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2679) 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. 2607, Relating to the licensure of nursing homes,
And,
Com. Sub. for H. B. 2612, Proposing rules related to the completion or updating of source water protection plans.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
S. B. 268, Updating meaning of federal taxable income in WV Corporation Net Income Tax Act,
S. B. 269, Updating terms used in WV Personal Income Tax Act,
Com. Sub. for H. B. 2004, Providing for a program of instruction in workforce preparedness,
Com. Sub. for H. B. 2363, Relating to the Upper Kanawha Valley Resiliency and Revitalization Program,
Com. Sub. for H. B. 2420, Establishing the Mountaineer Trail Network Recreation Authority,
H. B. 2666, Supplemental appropriation to the Department of Veterans’ Assistance,
And,
H. B. 2668, Supplemental appropriation to the Department of Administration, Public Defender Services.
Leaves of Absence
At the request of Delegate Summers, and by unanimous consent, leaves of absence for the day were granted Delegates Cooper, Ellington and Kump.
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 Espinosa, Miller and Shott during Remarks by Members
- Delegates Rowe, Angelucci, Evans, Doyle, Hansen, Pyles, Swartzmiller, Maynard
and Rohrbach regarding Com. Sub. for H. B. 2001
- All remarks regarding Com. Sub. for H. B. 2521
Pursuant to House Rule 94b, Members filed forms with the Clerk’s Office to be added as a cosponsor of the following:
- Delegate Wilson for H. B. 2204
- Delegate Pushkin for H. B. 2334
- Delegates Hollen, Mandt and Rohrbach for H. B. 2397
- Delegate Espinosa for H. B. 2647
- Delegate Paynter for H. B. 2720
- Delegate Pyles for H. B. 2732, H. B. 2792 and H. B. 2793
- Delegate Lavender-Bowe for H. C. R. 24
Pursuant to House Rule 94b, Members filed forms with the Clerk’s Office to be removed as a cosponsor of the following:
- Delegate McGeehan for H. B. 2697
- Delegate Worrell for H. B. 2699
- Delegates Doyle, Hartman and Hornbuckle for H. B. 2828
At 12:02 p.m., the House of Delegates adjourned until 11:00 a.m., Monday, February 4, 2019.
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