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Thursday, February 28, 2019
FIFTY-FIRST 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 Wednesday, February 27, 2019, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Reordering of the Calendar
Delegate Summers announced that the Committee on Rules had transferred Com. Sub. for S. B. 408, Com. Sub. for S. B. 518, S. B. 545 and S. B. 593 on second reading, House Calendar to the Special Calendar.
Committee Reports
Delegate Cooper, Chair of the Committee on Agriculture and Natural Resources, submitted the following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
Com. Sub. for S. B. 259, Expanding Coyote Control Program,
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 (Com. Sub. for S. B. 259) was referred to the Committee on Finance.
Delegate Harshbarger, Chair of the Committee on Agriculture and Natural Resources, submitted the following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
Com. Sub. for S. B. 402, Authorizing Division of Forestry investigate and enforce timber theft violations,
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 Government Organization.
In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 402) was referred to the Committee on Government Organization.
Delegate Cooper, Chair of the Committee on Agriculture and Natural Resources, submitted the following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
Com. Sub. for S. B. 19, Relating to Senior Farmers Market Nutrition Program,
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 (Com. Sub. for S. B. 19) was referred to the Committee on Finance.
Delegate Cooper, Chair of the Committee on Agriculture and Natural Resources, submitted the following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
Com. Sub. for S. B. 285, Relating to sale of homemade food items,
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. 285) was referred to the Committee on the Judiciary.
Delegate Householder, Chair of the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
Com. Sub. for S. B. 187, Authorizing Department of Revenue to promulgate legislative rules,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 187) was referred to the Committee on the Judiciary.
Messages from the Executive
Delegate Hanshaw (Mr. Speaker) presented a communication from His Excellency, the Governor, advising that on February 27, 2019, he approved S. B. 27, S. B. 268 and S. B. 269.
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. 105 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-5-2c, relating to creating the new criminal offense of impaired operation of a motor vehicle placing nonpassengers at risk of physical injury; clarifying that offense is separate and distinct from operating a motor vehicle under the influence; and establishing penalties”; 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, to take effect October 1, 2019, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 318 - “A Bill to amend and reenact §9-7-1, §9-7-3, §9-7-6, and §9-7-6a of the Code of West Virginia, 1931, as amended, all relating to transferring the Medicaid Fraud Control Unit to the Office of the Attorney General; establishing an effective date the Medicaid Fraud Control Unit will transfer to the Office of the Attorney General; establishing the Legislative Auditor to deliver a report on the performance of the Medicaid Fraud Control Unit; establishing investigation powers with the Attorney General; establishing the Secretary of the Department of Health and Human Resources may share documents with the Attorney General; establishing persons able to maintain a civil action; and establishing liability limits for employees acting in good faith”; which was referred to the Committee on Health and Human Resources 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. 326 - “A Bill to repeal §15-5-4, §15-5-15a, and §15-5-25 of the Code of West Virginia, 1931, as amended; to amend and reenact §5F-2-1 of said code; to amend and reenact §15-1J-2 and §15-1J-4 of said code; to amend and reenact §15-5-1, §15-5-2, §15-5-3, §15-5-4b, §15-5-4c, §15-5-13, §15-5-24, and §15-5-26 of said code; and to amend and reenact §29-31-2, §29-31-3, and §29-31-4 of said code, all relating to the reorganization of state agencies involved in emergency and disaster planning, response, recovery, and resiliency; providing legislative findings; modifying the powers and duties of the West Virginia Military Authority; designating a special revenue account to receive funding; modifying definitions; reorganizing the Division of Homeland Security and Emergency Management within the Adjutant General’s Department; modifying membership of the West Virginia Disaster Recovery Board; reorganizing the State Resiliency Office within the Adjutant General’s Department; creating the position of Director of the State Resiliency Office; eliminating paid leave for disaster service volunteers; eliminating the State Resiliency Office Board; and modifying the authority and duties of the State Resiliency Office”; which was referred to the Committee on Government Organization 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. 348 - “A Bill to amend and reenact §16-9A-1, §16-9A-2, §16-9A-3, §16-9A-4, §16-9A-7, and §16-9A-8 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto four new sections, designated §16-9A-11, §16-9A-12, §16-9A-13, and §16-9A-14, all relating to tobacco; providing legislative intent; defining terms; raising the legal age from 18 years of age to 21 years for the selling, furnishing, or distribution of tobacco products and increasing penalties for violations; making it illegal for a person under the age of 21 to purchase tobacco products or tobacco-derived products and providing for suspension of driving privileges or a fine; increasing the penalty for certain tobacco-related offenses on public school property; exempting any active duty military personnel over the age of 18; exempting veterans’ organizations from rules regulating smoking in indoor spaces adopted by local boards of health; prohibiting political subdivisions from legislating regarding the sale or marketing of tobacco products or tobacco-related products if contrary to state law; requiring certain facilities to provide for smoking and nonsmoking sections; and providing for a secondary offense of driving and using a tobacco product or a tobacco-derived product with a passenger under the age of 17 and providing for a fine”; which was referred to the Committee on Health and Human Resources 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. 379 - “A Bill to amend and reenact §18-2-7b of the Code of West Virginia, 1931, as amended, relating to permitting the county boards of education to include faith-based electives in classroom drug prevention programs”; which was referred to the Committee on Education.
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. 396 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-1-22, relating to waiver of initial occupational licensing fees for certain individuals; requiring boards and licensing authorities to waive certain initial occupational licensing fees for low-income individuals and military families; defining terms; requiring individuals seeking waiver of initial occupational licensing fees to apply on a form provided by the board or licensing authority; and granting rule-making authority”; which was referred to the Committee on Government Organization 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. 414 - “A Bill to amend and reenact §8-12-17 of the Code of West Virginia, 1931, as amended; to amend and reenact §8-16-18 of said code; to amend and reenact §8-19-4 of said code; to amend and reenact §8-20-10 of said code; to amend and reenact §16-13-16 of said code; to amend and reenact §16-13A-9 of said code; to amend and reenact §24-1-1 of said code; to amend and reenact §24-2-1, §24-2-2, §24-2-3, §24-2-4a, §24-2-4b, and §24-2-11 of said code, all relating to clarifying Public Service Commission jurisdiction over water and sewer utilities owned by municipalities; establishing uniformity in the class of publications required by municipalities and public service districts for the revision in rates; providing a time period for the filing of and resolution of complaints filed at the Public Service Commission regarding actions of municipalities; cleaning up language regarding reference to other sections of the code regarding notice requirements for municipal utilities; and relating to the time period pertaining to the filing of appeals and the resolution of appeals for rate and construction projects decided by county commissions”; 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
Com. Sub. for S. B. 467 - “A Bill to amend and reenact §8-12-17 of the Code of West Virginia, 1931, as amended; to amend and reenact §8-16-18 of said code; to amend and reenact §8-19-4 of said code; to amend and reenact §8-20-10 of said code; to amend and reenact §16-13-16 of said code; to amend and reenact §16-13A-9 of said code; to amend and reenact §24-1-1 of said code; to amend and reenact §24-2-1, §24-2-2, §24-2-3, §24-2-4a, §24-2-4b, and §24-2-11 of said code, all relating to clarifying Public Service Commission jurisdiction over water and sewer utilities owned by municipalities; establishing uniformity in the class of publications required by municipalities and public service districts for the revision in rates; providing a time period for the filing of and resolution of complaints filed at the Public Service Commission regarding actions of municipalities; cleaning up language regarding reference to other sections of the code regarding notice requirements for municipal utilities; and relating to the time period pertaining to the filing of appeals and the resolution of appeals for rate and construction projects decided by county commissions”; 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
Com. Sub. for S. B. 487 - “A Bill to amend and reenact §55-7B-7a of the Code of West Virginia, 1931, as amended, relating to the admissibility of health care staffing requirements in litigation; providing that compliance with minimum staffing requirements creates a conclusive presumption that appropriate staffing was provided and a rebuttable presumption that adequate supervision of patients to prevent accidents was provided; and requiring that if staffing is less than requirements dictated by applicable regulations then there is a presumption that there was inadequate supervision of patients and that inadequate staffing or inadequate supervision was a contributing cause of the patient’s fall and resulting injuries or death”; 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, to take effect July 1, 2019, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 522 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-3-11; and to amend said code by adding thereto a new article, designated §17-30-1, §17-30-2, §17-30-3, §17-30-4, and §17-30-5, all relating to enhancing maintenance and repair of the state’s roads and highways; creating the Special Road Repair Fund as a sub-account of the State Road Fund; providing for a general revenue allocation for fiscal years 2020 and 2021 into the fund; creating the Enhanced Road Repair and Maintenance Program; stating legislative finding and purpose of program; requiring Division of Highways county supervisors consult with county commissions and legislators to submit project requests to the Division of Highways; setting forth a funding formula; setting forth requirements concerning bidding, vendors, and contracts with private vendors; specifying uses of Special Road Repair Fund; defining terms; providing requirements for Commissioner of Highways and districts; requiring for rulemaking; and requiring reporting by Division of Highways and Legislative Auditor”; which was referred to the Committee on 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. 530 - “A Bill to repeal §29-6-7a, §29-6-9, §29-6-10a, §29-6-14, and §29-6-25 of the Code of West Virginia, 1931, as amended; and to amend and reenact §29-6-1, §29-6-2, §29-6-3, §29-6-4, §29-6-6, §29-6-7, §29-6-8, §29-6-10, §29-6-12, §29-6-16, §29-6-17, §29-6-19, §29-6-20, §29-6-21, §29-6-22, §29-6-23, §29-6-24, and §29-6-27 of said code, all relating to the state employee merit system; defining terms; allowing Governor to make additions to classified service; providing exemptions to classified service; providing makeup and duties of the State Personnel Board; defining a quorum; providing for bimonthly meetings and emergency meetings of the board; revising the Director of Personnel’s duties; providing the director may develop programs that include monetary incentives; allowing director to establish pilot projects that may delegate functions to appointing authorities; establishing board will review and approve all classified exempt positions and all classification and pay plans; providing rulemaking for the Division of Personnel; removing classification and compensation determinations from grievance procedure; establishing that no private cause of action exists for violations of the section; authorizing the division prepare, maintain, and revise pay plans; establishing the rates in pay plan be automatically adjusted upon across-the-board raises; providing authority of Governor to restrict the pay plan upon fiscal constraints; establishing that record of performance be considered whether to extend or withhold a benefit from an employee; revising the process for postings of positions by the agency and DOP; providing appointing authority may reject candidate for criminal background or having been convicted of corruption; providing that an appointing authority may select from top 20 percent of applicants on register and above 80 percent score on examination; modifying term ‘discharge’ to ‘dismissal’; providing for leave of absence for state employees not working due to work-related injury; clarifying that state employees not eligible for certain offices even if declining to receive compensation; establishing the confidentiality of employee records; allowing local political subdivisions to participate in the classified service system; amending penalties section; and providing that leave donation program be established through rulemaking”; 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, to take effect July 1, 2019, 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 §17A-10-3a of the Code of West Virginia, 1931, as amended; to amend and reenact §17C-16-4, §17C-16-5, and §17C-16-6 of said code; and to amend said code by adding thereto a new section, designated §46A-6-107a, all relating generally to automobile warranties and inspections; changing annual mandatory state inspections of motor vehicles to inspections every two years; adjusting inspection sticker fee and charge for vehicle inspections; providing that a used motor vehicle may be sold “as is” under certain circumstances; providing certain disclosure requirements for “as is” sales of used motor vehicles; allowing cancellation of an ‘as is’ sale within a 48-hour period if the vehicle has mechanical issues; providing that a consumer shall sign and date the disclosure for an “as is” sale in order for the disclosure to be effective; providing that a merchant disclose in writing certain defects or malfunctions when selling a used motor vehicle ‘as is’; providing that the merchant provide the consumer a copy of a nationally recognized vehicle history report for the used motor vehicle; and providing that an ‘as is’ sale of a used motor vehicle waives implied warranties but does not waive any express warranties”; which was referred to the Committee on 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
S. B. 555 - “A Bill to amend and reenact §18B-5-3 of the Code of West Virginia, 1931, as amended, relating to the authority of the Higher Education Policy Commission, the Council for Community and Technical College Education, and institutional governing boards to enter into contracts for programs, services, and facilities; and providing for specified flexibility entering into agreements with certain affiliated nonprofit corporations”; which was referred to the Committee on Education.
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. 564 - “A Bill to amend and reenact §5-16B-6d of the Code of West Virginia, 1931, as amended; and to amend and reenact §9-5-12 of said code, all relating to expanding comprehensive coverage for pregnant women through Medicaid to 185 percent of the federal poverty level; providing coverage for 60 days postpartum; providing an effective date; and expanding comprehensive coverage for pregnant women between 185 percent and 300 percent of the federal poverty level including prenatal care, delivery, and 60 days postpartum through the Children’s Health Insurance Program”; which was referred to the Committee on Health and Human Resources 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. 574 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §27-5-2a, relating to permitting an authorized staff physician, after examination, to order the involuntary hospitalization of an individual whom the physician believes is addicted or mentally ill and likely to cause serious harm to himself or herself or other individuals; setting forth a procedure; defining terms; providing for payment for services; limiting liability; and requiring the West Virginia Supreme Court of Appeals to produce information to hospitals regarding contact information for mental hygiene commissioners, designated county magistrates, and circuit judges”; which was referred to the Committee on Health and Human Resources 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. 605 - “A Bill to amend and reenact §18-2-25a and §18-2-25b of the Code of West Virginia, 1931, as amended, all relating to providing that schools that do not follow established protocol on concussions and head injuries in interscholastic athletics are subject to disciplinary actions by the Secondary Schools Athletics Commission; and providing that schools that do not follow the requirements of their emergency action plans for athletics are subject to disciplinary actions by the Secondary Schools Athletics Commission”; which was referred to the Committee on Education.
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. 625 - “A Bill to amend and reenact §29-5A-3, §29-5A-3a, §29-5A-8, §29-5A-14, §29-5A-20, and §29-5A-24 of the Code of West Virginia, 1931, as amended, all relating to the State Athletic Commission’s direction, management, and control over all boxing and mixed martial arts events, contests, and matches in West Virginia; authorizing the commission to promulgate legislative rules regulating said boxing and mixed martial arts events; authorizing the commission to issue, suspend, or revoke the licenses required to promote, contend in, judge, referee, or otherwise participate in said boxing and mixed martial arts events; establishing the requirements for licensure as a promoter, contestant, manager, trainer, judge, matchmaker, or official; establishing restrictions and prohibitions against conflicts of interest; and establishing appropriate rules for regulating and sanctioning amateur boxing events”; which was referred to the Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2019, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 632 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-48; to amend said code by adding thereto a new section, designated §18-20-11; to amend and reenact §18A-2-8 of said code; and to amend and reenact §18A-3-6 of said code, all relating to improving student safety; requiring safety and security measures of each school facility be upgraded when necessary to ensure, to the best of the county board’s ability, the safety of students; creating a Safe Schools Fund; requiring video cameras in certain public special education classrooms; setting forth time requirements for retaining the video; setting forth requirements for video access; adding to justifications for which a school employee can be suspended or dismissed; requiring the State Superintendent to maintain a database of all individuals suspended or dismissed for certain reasons; and adding to justifications for which a teacher’s certificate can be revoked and for which a certificate can be automatically revoked”; which was referred to the Committee on Education 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
S. B. 633 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-41-4, relating to authorizing the West Virginia Board of Physical Therapy to conduct criminal background checks on applicants seeking their initial license; providing the information may not be shared across state lines; and authorizing the board to obtain fingerprints from applicants for initial licenses”; which was referred to the Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2019, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 637 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-12-5b, relating to revocation, cancellation, or suspension of business registration certificates; providing procedures therefor; and specifying effective date”; 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
Com. Sub. for S. B. 657 - “A Bill to amend and reenact §46A-6A-2 of the Code of West Virginia, 1931, as amended, relating to including certain new self-propelled agricultural vehicles in the definition of motor vehicle for the purpose of consumer protections related to express warranties by manufacturers of agricultural vehicles”; 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, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
S. B. 658 - “A Bill to amend and reenact §17A-6E-4 of the Code of West Virginia, 1931, as amended, relating to motor vehicle salesperson licenses; and modifying the felony disqualification”; which was referred to the Committee on Government Organization.
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. 671 - “A Bill to amend and reenact §29-3-8 of the Code of West Virginia, 1931, as amended, relating to eliminating the State Fire Marshal’s comprehensive report regarding the transfer of authority and responsibility of providing fire services to the counties”; which was referred to the Committee on Government Organization.
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
S. B. 672 - “A Bill to amend and reenact §18-9D-21 of the Code of West Virginia, 1931, as amended, relating to authorizing the School Building Authority to promulgate legislative rules; authorizing School Building Authority rules relating to requirements governing the Comprehensive Educational Facility Plan, funding of School Building Authority projects, School Building Authority school planning and design criteria, School Building Authority project administration and review, School Building Authority contract and agreements, School Building Authority reporting procedures, and the School Access Safety Act, by deleting certain provisions in series two though five and series seven that are procedural in nature, and deleting series six in its entirety due to its content being solely procedural”; which was referred to the Committee on Education.
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
S. B. 673 - “A Bill to repeal §18B-1D-2, §18B-1D-3, §18B-1D-4, and §18B-1D-5 of the Code of West Virginia, 1931, as amended; to repeal §18B-7-8 of said code; to amend and reenact §18B-1D-1 and §18B-1D-8 of said code; and to amend and reenact §18C-1-1 of said code, all relating to public higher education accountability and planning; ensuring efficiency in planning and accountability; modifying the data collection and reporting processes; eliminating the requirement for a statewide master plan for public higher education; eliminating the requirement for state and institutional compacts for public higher education; eliminating the requirement for a human resources report card for public higher education; modifying the reporting methods for certain institutional and statewide reports; modifying the reporting method for the student financial aid report card for public higher education; and continuing the accountability system for public higher education”; which was referred to the Committee on Education.
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
S. B. 674 - “A Bill supplementing and amending by increasing an existing item of appropriation of public moneys out of the Treasury in the State Fund, General Revenue, to the Department of Health and Human Resources, Division of Human Services, fund 0403, fiscal year 2019, organization 0511, by supplementing and amending the appropriations for the fiscal year ending June 30, 2019”; which was referred to the Committee on Finance.
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
S. B. 675 - “A Bill to amend and reenact §22-15A-3 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §22-15A-3a, all relating to requiring the Department of Environmental Protection to create and implement an Adopt-A-Stream Program; encouraging the removal of litter along West Virginia’s rivers and streams by volunteers; and allowing the Litter Control Fund to be used to fund the program”; 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, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
S. B. 676 - “A Bill to amend and reenact §17-2A-11 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto new sections, designated §20-1-12a and §20-1-18d; and to amend said code by adding thereto a new article, designated §20-17-1, §20-17-2, §20-17-3, §20-17-4, and §20-17-5, all relating to off-road vehicle recreation; creating an Off-Road Vehicle Recreation Fund for development and maintenance of public roads suitable for off-road vehicle recreation; revising digital road map requirements; requiring an inventory and mapping of state forest roads; describing allowable uses of the Off-Road Vehicle Recreation Fund; defining terms; requiring the development of a comprehensive recreation plan and plans for the construction and maintenance of suitable roads; establishing a program of grants and cooperative agreements to develop and maintain suitable roads and access thereto; mandating review of expenditures; providing for appeals of grant or agreement decisions; and requiring the proposal of legislative rules”; which was referred to the Committee on Government Organization.
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 Rules:
S. C. R. 38 - “Urging CSX and other potential partners to support the New River Train.”
Whereas, The New River Train has operated profitably for 53 years, running between Huntington and Hinton during two October weekends; and
Whereas, On average, 4,800 people ride the train during the two-day weekend; and
Whereas, The Cabell-Huntington Convention and Visitors Bureau estimates the New River Train’s economic impact to be $2.2 million in Huntington alone and $5 million for the area; and
Whereas, Travel spending by all overnight and day visitors in West Virginia was $4.3 billion in the 2017 calendar year; and
Whereas, Travel spending in Cabell County (where the New River Train originates) was $115.2 million in 2017, generating $33.4 million earnings and 1,140 jobs for West Virginia workers, and travel spending in Summers County (where the New River Train lays over) was $17.4 million, generating $4.6 million in earnings and 230 jobs for West Virginia workers; and
Whereas, Collis P. Huntington Railroad Historical Society, Inc., has worked in cooperation with CSX and Amtrak to operate the New River Train; and
Whereas, Amtrak has announced they are eliminating charter/special trains such as the New River Train; and
Whereas, Amtrak removed Huntington as a point of access for private railcars; and
Whereas, The New River Train, without this support, finds itself evaluating its options and model of operations; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature urges CSX and other potential partners to support the New River Train; and, be it
Further Resolved, That the Legislature recognizes the importance and value of the New River Train, and the Collis P. Huntington Railroad Historical Society, Inc. as its operator; and, be it
Further Resolved, That the Legislature appreciates the value that this train and others like it adds to our state’s economy, history, and legacy; and, be it
Further Resolved, That the Legislature commits to exploring ways to support this industry in both the short and long terms; and, be it
Further Resolved, That the Legislature recognizes the role that private-public partnerships can play in forwarding common goals of both sectors; and, be it
Further Resolved, That the Legislature asks CSX and other potential partners to consider supporting the Collis P. Huntington Railroad Historical Society in any way that they can, whether as a sponsor or partner, and enabling the society to continue running the New River Train; and, be it
Further Resolved, That the Legislature asks CSX and other potential partners to join with us in securing a future for the special and historical train industry, and to allow our great state to continue benefitting from the tourism and economic opportunities that special trains provide; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to Richard H. Anderson, President and Chief Executive Officer of Amtrak, James M. Foote, President and Chief Executive Officer of CSX, the Collis P. Huntington Railroad Historical Society, Inc., and to the members of West Virginia’s congressional delegation.
Resolutions Introduced
Delegates Kessinger, Steele, Higginbotham, Robinson, Zukoff and Staggers offered the following resolution, which was read by its title and referred to the Committee on Health and Human Resources then Rules:
H. R. 17 - “Urging the Environmental Protection Agency, West Virginia Department of Environmental Protection, West Virginia Bureau for Public Health, Agency for Toxic Substances and Disease Registry, and Centers for Disease Control to assist Minden, West Virginia residents with both relocation assistance and specialized medical treatment as a result of their long-term exposure to Polychlorinated Biphenyl, dioxins, and dibenzofurans.”
Whereas, Polychlorinated Biphenyl (PCB) is a toxic substance known to cause harm to human health and the health of the environment; and
Whereas, PCB’s were burned in Minden, West Virginia; and
Whereas, When PCB’s are burned they can form dioxins and dibenzofurans which are toxic chemicals; and
Whereas, It has been confirmed by EPA that PCB contamination has spread throughout Minden, West Virginia; and
Whereas, The EPA has proposed Minden, WV for the National Priorities List of Superfund sites, a designation reserved for the most toxic sites in the United States; and
Whereas, PCB contamination has been discovered on residential properties in Minden, West Virginia; and
Whereas, Frequent flooding spreads PCB contamination further throughout Minden, WV; and
Whereas, The true extent of PCB contamination has not yet been discovered; and
Whereas, The community members in Minden believe that PCB contamination is a contributing factor to alarming rates of cancer amongst other illnesses; and
Whereas, There are many Minden, WV residents that wish to be relocated so that they can abstain from the future risks to their health; and
Whereas, Minden residents do not have access to medical services that are specific to PCB exposure, yet these resources exist in society; and
Whereas, The presence of PCB contamination is reducing property values in Minden, West Virginia, which decreases the ability of residents to move according to their will; and
Whereas, The EPA, WVDEP, WVBPH, ATSDR, and CDC are not readily willing to relocate Minden Residents who wish to be relocated; and
Whereas, Minden residents have lived amongst PCB contamination for many decades; and
Whereas, Chronic and multigenerational exposure to PCB’s across many decades has not been adequately studied from a public health perspective by CDC, ATSDR, and WVBPH; and
Whereas, Exposure to PCB has been correlated with Brain Cancer, Breast Cancer, Gastrointestinal Cancers, Liver Cancer, Lung Cancer, Malignant Melanoma, Non-Hodgkin’s Lymphoma, Pancreatic Cancer, Prostate Cancer, Thyroid Cancer, Nonmelanoma Skin Cancer, recurrent infections, skin infections, respiratory infections, harm to the immune system, lowered IQ, abnormal reflexes, greater response to stress, less habituation to repeated stimuli, modified Brazelton Neonatal Behavioral Assessment Scale results, memory reduction, Anxiety, Depression, Thyroid disease, reduced testosterone in males, longer menstrual cycles, reduced sperm mobility, Endometriosis, earlier menarche in young women, elevated Plasma triglyceride levels, Hypertension, Ischemic Heart disease, Myocardial Infarction, diastolic blood pressure, systolic blood pressure, Diabetes, Liver disease, Asthma, Arthritis, Low Birthweight, shortened gestation periods, Chloracne, Porphyria Cutanea Tarde, soft tissue sarcoma, eczema, benign fatty tumors, epidermoid cysts, rash not otherwise specified, dyschromia, skin sensitivity, and NMSCs, rare diseases, and possibly more illnesses yet to be discovered; and
Whereas, It is inhumane to expect people to continue to live in an environment that can harm them; and
Whereas, The concerns that Minden residents have about their health while living in Minden, West Virginia have merit; and
Whereas, The EPA has failed to remediate Minden after three separate clean up attempts; and
Whereas, Future efforts of EPA and WVDEP will be focusing on clean-up of Minden; and
Whereas, The long term nature of remediation will not adequately meet all of the needs of Minden residents; and
Whereas, Relocation and long term specialized health resources have been deemed an essential need by Minden-led community groups since the 1980’s; therefore, be it
Resolved by the House of Delegates:
That Minden residents who wish to be relocated be provided the assistance to do so; and, be it
Further Resolved, That Minden residents who need lifelong access to specialized health care resources that are familiar with the health consequences of PCB, Dioxin, and Dibenzofuran exposure be provided the assistance to obtain such medical care; and, be it
Further Resolved, That the Clerk forward a copy of this resolution to the Administrator of the Environmental Protection Agency, Cabinet Secretary of the West Virginia Department of Environmental Protection, Commissioner for the West Virginia Bureau for Public Health, Administrator of the Agency for Toxic Substances and Disease Registry, and Director of the Centers for Disease Control.
Special Calendar
Third Reading
Com. Sub. for S. B. 157, Authorizing Department of Administration promulgate legislative rules; 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. 392), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Paynter.
Absent and Not Voting: Byrd, Miley and Porterfield.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 157) passed.
Delegate Summers moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 393), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Paynter.
Absent and Not Voting: Byrd, Miley and Porterfield.
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 S. B. 157) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 440, Relating to Antihazing Law; 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. 394), and there were--yeas 75, nays 22, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Barrett, Bibby, Boggs, N. Brown, Butler, Cadle, Dean, Fluharty, Graves, Hardy, Hornbuckle, Jennings, Kump, McGeehan, Paynter, Phillips, Pushkin, Robinson, Sponaugle, Storch, Wilson and Worrell.
Absent and Not Voting: Byrd, Miley and Porterfield.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 440) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 453, Relating to background checks of certain financial institutions; 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. 395), 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: Byrd, Miley and Porterfield.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 453) 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 S. B. 510, Relating to medical professional liability; 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. 396), and there were, including pairs--yeas 86, nays 12, absent and not voting 2, with the paired, nays and absent and not voting being as follows:
Pursuant to House Rule 43, the following pairing was filed and announced by the Clerk:
Paired:
|
Yea: Byrd |
Nay: Fluharty |
Nays: Angelucci, S. Brown, Canestraro, Caputo, Doyle, Fleischauer, Longstreth, Robinson, Sponaugle, Walker and Zukoff.
Absent and Not Voting: Miley and Porterfield.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 510) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Second Reading
Com. Sub. for S. B. 295, Relating to crimes against public justice; on second reading, coming up in regular order, was read a second time.
On motion of Delegate Shott, the bill was amended on page one, section seventeen, line three, immediately following the words “parole officer”, by striking out the words “court security officer”.
On page one, section seventeen, line eight, immediately following the words “parole officer”, by striking out the words “court security officer”.
And,
On page two, section seventeen, line twenty-four, immediately following the words “parole officer”, by striking out the words “court security officer”.
The bill was then ordered to third reading.
Com. Sub. for S. B. 408, Determining indigency for public defender services; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 518, Restricting sale and trade of dextromethorphan; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Health and Human Resources, was reported by the Clerk and adopted, amending the bill on page one, after line seven, by inserting a new subsection (d) to read as follows:
“(d) A person making a retail sale of a finished drug product containing any quantity of dextromethorphan shall require and obtain proof of age from the purchaser before completing the sale, unless from the purchaser’s outward appearance the person making the sale would reasonably presume the purchaser to be at least 25 years of age.”
And,
By renumbering the remaining subsections accordingly.
The bill was then ordered to third reading.
S. B. 545, Relating to HIV testing; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Health and Human Resources, was reported by the Clerk on page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
Ҥ64-7-4. Office of the Insurance Commission.
The legislative rule filed in the State Register on April 3, 2003, authorized under the authority of §64-7-1(e) of this code, relating to standards for AIDS-related underwriting questions and AIDS testing in connection with applications for life or health insurance policies (AIDS Regulations, 114 CSR 27) is authorized with the following: amendment:
5.9.
The testing is required to be administered on a nondiscriminatory basis for all
individuals in the same underwriting class. No proposed insured may be denied
coverage or rated a substandard risk on the basis of HIV testing unless
acceptable testing protocol is followed including the use of FDA-licensed
tests. The following is the acceptable HIV testing protocol for use in this
state:
a.
An initial enzyme linked immunosorbent assay (ELISA) test is administered to
the proposed insured, and it indicates the presence of HIV antibodies; and
b.
A second ELISA test is administered and it indicates the presence of HIV; and
c.
A Western Blot test is conducted and it confirms the results of the two ELISA
tests.
5.10.
If any of the tests in the ELISA-ELISA-Western Blot series produce confirmatory
test produces a negative result, the testing ceases and the proposed
insured cannot be denied coverage based on AIDS-related testing.
For
Example: If the initial ELISA test yields a negative result, the testing
ceases. If the initial ELISA test yields a positive result and the subsequent
ELISA test yields a negative result, the testing ceases. If both ELISA tests
yield a positive result and the Western Blot test yields a negative result, for
purposes of insurability, the results are negative.”
On motion of Delegate Ellington, the amendment recommended by the Committee on Health and Human Resources was amended on page one, section four, line two, after the words, “authority of”, by removing “§64-7-1(e)” an inserting in lieu thereof “§33-2-10(a)”.
The Health and Human Resources Committee amendment, as amended, was then adopted.
The bill was then ordered to third reading.
S. B. 593, Permitting critical access hospital become community outpatient medical center; on second reading, coming up in regular order, was read a second time and ordered to third reading.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for S. B. 60, Licensing practice of athletic training,
Com. Sub. for S. B. 310, Establishing certain requirements for dental insurance,
And,
Com. Sub. for S. B. 641, Relating to Primary Care Support Program.
At 11:42 p.m., on motion of Delegate Summers, the House of Delegates recessed until 5:30 p.m.
* * * * * * *
Evening Session
* * * * * * *
The House of Delegates was called to order by the Honorable Roger Hanshaw, Speaker.
In the absence of objection, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.
Committee Reports
Delegate Hamrick, Chair of the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
Com. Sub. for S. B. 441, Relating to higher education campus police officers,
And reports the same back with the recommendation that it do pass.
Delegate Hamrick, Chair of the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
S. B. 636, Authorizing legislative rules for Higher Education Policy Commission,
And reports the same back with the recommendation that it do pass.
Delegate Capito, 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 28th day of March, 2019, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates.
Com. Sub. for H. B. 2612, Proposing rules related to the completion or updating of source water protection plans.
Mr. Speaker (Mr. Hanshaw), Chair of the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
H. C. R. 15, Requesting the Joint Committee on Government and Finance study the impact of business regulations and economic development incentives to recruit and retain small business,
H. C. R. 20, PFC Charles Everett Hurd Memorial Bridge,
H. C. R. 65, Vietnam Veterans Memorial Highway,
H. C. R. 66, U. S. Army SPC Thurman ‘Duwayne’ Young Memorial Bridge,
H. C. R. 74, U. S. Army PFC James Leslie Pridemore Memorial Road,
H. C. R. 81, Erecting a statue of Charles Elwood “Chuck” Yeager on the State Capitol Complex grounds,
And,
S. C. R. 35, Designating days for displaying Honor and Remember Flag at WV Veterans Memorial,
And reports the same back with the recommendation that they each be adopted.
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:
Com. Sub. for S. B. 520, Requiring entities report drug overdoses,
And,
S. B. 668, Relating to physician assistants collaborating with physicians in hospitals,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended.
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:
Com. Sub. for S. B. 318, Transferring Medicaid Fraud Control Unit to Attorney General’s office,
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 (Com. Sub. for S. B. 318) was referred to the Committee on Finance.
Delegate Shott, Chair of the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 72, Creating Sexual Assault Victims’ Bill of Rights,
And,
Com. Sub. for S. B. 393, Protecting right to farm,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended.
Delegate Anderson, Chair of the Committee on Energy, submitted the following report, which was received:
Your Committee on Energy has had under consideration:
S. B. 635, Relating generally to coal mining activities,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
Delegate Householder, Chair of the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 2020, Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article six of the Constitution,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2020 - “A Bill making appropriations of public money out of the treasury in accordance with section 51, article VI of the Constitution,”
With the recommendation that the committee substitute do pass.
At the respective requests of Delegate Summers, and by unanimous consent, the bill (Com. Sub. for H. B. 2020) was taken up for immediate consideration, read a first time and ordered to second reading.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 2690, Relating to guaranty associations.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 2746, Relating to administration of estates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 2827, Removing the residency requirements for hiring deputy assessors.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:
H. C. R. 19, U. S. Marine Sgt. Stephen E. Drummond Memorial Bridge.
Miscellaneous Business
Pursuant to House Rule 94b, a form was filed with the Clerk’s Office to be added as a cosponsor of the following:
- Delegate Hanshaw (Mr. Speaker) for H. C. R. 85
Leaves of Absence
At the request of Delegate Summers, and by unanimous consent, leaves of absence for the day were granted Delegates Miley and Porterfield.
At 6:44 p.m., the House of Delegates adjourned until 11:00 a.m., Friday, March 1, 2019.