____________________
Friday, February 7, 2020
THIRTY-FIRST DAY
[DELEGATE HANSHAW, MR. SPEAKER, IN THE CHAIR]
The House of Delegates met at 10:30 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, February 6, 2020, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Reordering of the Calendar
Pursuant to the action of the Committee on Rules, Delegate Summers announced that Com. Sub. for S. B. 46, Com. Sub. for S. B. 470, Com. Sub. for S. B. 487, Com. Sub. for S. B. 500 and Com. Sub. for S. B. 501, on Third Reading, Special Calendar, had been transferred to the House Calendar; and S. B. 321, Com. Sub. for S. B. 532 and H. B. 4524, on Second Reading, Special Calendar, had been transferred to the House Calendar.
Committee Reports
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. 4478, Creating a lifetime ban for commercial drivers involved in human trafficking,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4478 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17E-1-14b, relating to prohibiting a commercial driver who has used a commercial motor vehicle in a commission of a felony involving “severe forms of trafficking in persons” from holding a commercial driver’s license for life,”
And,
H. B. 4576, Establishing a procedure for correcting errors in deeds, deeds of trust and mortgages,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4576 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §36-3-11, relating to establishing a procedure for correcting errors in deeds, deeds of trust and mortgages; providing definitions; establishing that obvious description errors in a recorded deed, deed of trust or mortgage involving the transfer of interest in real property may be corrected by recorded affidavit; requiring that the correction of an obvious description error may not be inconsistent with the recorded property description; establishing that prior to recording a corrective affidavit all interested parties must be notified of the intent to record a corrective affidavit and the right of each party to object; requiring that notice to correct an obvious error, and a copy of the accompanying affidavit must be provided to any owner of adjoining property, each party to the deed, deed of trust or mortgage, and the address for the property needing correction; if a local entity is a party, notice shall be sent to the attorney for the local entity or the local entity; if the state is a party, notice shall be served upon the Attorney General and the state agency that has or had possession of the property; establishing that if there is no objection within 30 days of service upon all designated parties to the deed, pertinent attorneys, the title insurance company and adjoining property owners, the corrective affidavit may be recorded; establishes the contents of the corrective affidavit; establishes the effect of the corrective affidavit once filed; requires a title insurance company to issue an endorsement to reflect the corrective affidavit; requires the clerk to record and index the corrective affidavit in the deed book; establishes that a recorded affidavit is prima facie evidence of the facts stated therein; requires associated costs be paid by the recording party; provides that a person who wrongfully records a corrective deed is liable for actual damage, reasonable costs, and attorney fees; provides that remedies under this section are not exclusive; and provides a format for the corrective affidavit and notice of an intent to correct an obvious description error,”
With the recommendation that the committee substitutes each do pass.
Delegate Shott, Chair of the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4178, Requiring calls which are recorded be maintained for a period of five years,
H. B. 4647, Relating to limited video lottery permit holders,
Com. Sub. for S. B. 35, Limiting civil penalty for littering conviction to $2,000,
And,
Com. Sub. for S. B. 449, Authorizing Department of Commerce promulgate legislative rules,
And reports the same back with the recommendation that they each do pass.
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. 4652, Relating to tobacco usage restrictions,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Health and Human Resources, and then 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. 4710, Authorizing law-enforcement agencies to create a referral program for voluntary treatment of addiction,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4710) was referred to the Committee on the Judiciary.
Delegate Hill, 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. 4583, Requiring Accountable Pharmaceutical Transparency, Oversight, and Reporting 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 Government Organization.
In accordance with the former direction of the Speaker, the bill (H. B. 4583) was referred to the Committee on Government Organization.
Delegate Hill, 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. 2978, Improving the quality of West Virginia’s Medicaid 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.
Pursuant to House Rule 80, the Speaker referred the bill (H. B. 2978) to the Committee on Finance.
Delegate Hill, 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. 4551, Relating to subsidized adoption,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (H. B. 4551) to the Committee on Finance was abrogated.
Delegate Hill, 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. 4573, Relating to Medicaid subrogation liens of the Department of Health and Human Resources,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4573) was referred to the Committee on the Judiciary.
Delegate Hill, 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. 4669, Exempting participants in the Jobs and Hope program from Medicaid forfeiture for one year after certain conditions are met,
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. 4669) 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:
H. B. 4544, Relating to possession of any controlled substance on the premises of or within 200 feet of a public library,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4544 - “A Bill to amend and reenact §60A-4-406 of the Code of West Virginia, 1931, as amended, applying a mandatory period of incarceration prior to parole eligibility for persons 18 years old or over who are convicted of distributing a controlled substance within 200 feet of a public library,”
With the recommendation that the committee substitute do pass.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 4042, Requiring agencies exempt from some or all of state purchasing requirements to adopt procedural rules.
On motion of Delegate Summers, the House of Delegates concurred in the following amendment of the bill by the Senate:
On page one, section twelve, line three, after the words “et seq.”, by inserting the words “or §29A-3A-1 et seq.”.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 113), and there were—yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent and Not Voting: Ellington, Estep-Burton, Hicks and Hornbuckle.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4042) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
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. 482 - “A Bill to amend and reenact §61-7-11a of the Code of West Virginia, 1931, as amended, relating to removing the condition requiring any person over 21 years of age must possess a valid permit to possess a concealed handgun in a motor vehicle in a parking lot, traffic circle, or other areas of vehicular ingress and egress to a public school”; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 620 - “A Bill to amend and reenact §62-12-13 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §62-12-13c, all relating to authorizing the Commissioner of the Division of Corrections and Rehabilitation to approve home plans for inmates; authorizing the Commissioner of the Division of Corrections and Rehabilitation to establish a nonviolent offense parole program; establishing eligibility requirements for said program; clarifying that inmates released under said program are subject to the same conditions of release and sanctions; clarifying that inmate’s failing to successfully complete the rehabilitation treatment program are ineligible for release; and clarifying that inmates not otherwise released may be eligible for said program at the time of successful completion of the rehabilitation treatment 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 and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 625 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60-7-8b, relating to creating one-day annual license for a licensed private club in partnership with a nonprofit permitting the charitable auction of sealed rare, antique, or vintage liquor bottles; setting license fee; establishing license requirements; and providing certain limited exceptions”; 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. 629 - “A Bill to amend and reenact §60-8-2, §60-8-18, and §60-8-29 of the Code of West Virginia, 1931, as amended, all relating to clarifying various aspects of wine, specifically the alcohol by volume percentage for table wine, wine, and fortified wine; adding the definition of ‘nonfortified dessert wine’; clarifying penalties for failure to meet requirements; replacing bond requirements that secure the payment of taxes by distributors, suppliers, certain wineries, and certain farm wineries who are acting as either suppliers or distributors in a limited capacity with an affidavit; and providing penalties for failure to pay taxes and maintain good standing with the state”; which was referred to the Committee on the Judiciary.
Resolutions Introduced
Delegate Rowe offered the following resolution, which was read by its title and referred to the Committee on Technology and Infrastructure then Rules:
H. C. R. 68 - “Requesting the Division of Highways name bridge number 20-83-8.49 (20A266), locally known as Standard Bridge, carrying County Route 83 Spur over Paint Creek in Kanawha County, the ‘Kidd Brothers Veterans Memorial Bridge’.”
Whereas, Charles Edward Kidd was born on March 26, 1918, and served in the U. S. Army in World War II; and
Whereas, Having arrived at Pearl Harbor on December 6, 1941, Charles Edward Kidd was awakened the following morning, December 7, 1941, by the infamous Japanese air attack; and
Whereas, Howard Clifford Kidd was born on April 25, 1920, and served in the U. S. Air Force in World War II; and
Whereas, Frank James Kidd was born on January 20, 1922, and served in the U. S. Army in World War II; and
Whereas, Frank James Kidd was a medic on the beach during the Allied invasion of Normandy on June 6, 1944; and
Whereas, Fred Alfred Kidd was born on February 11, 1924, and served in the U. S. Air Force in World War II; and
Whereas, Mark Edgar Kidd was born on November 7, 1925, and served in the U. S. Marine Corps in World War II; and
Whereas, Mark Kidd was in the Iwo Jima and Okinawa invasions, and during the latter invasion he saw the bomb drop on Hiroshima, saying, “It gave us a pretty good jar”; and
Whereas, While on Iwo Jima, Mark Kidd also witnessed another momentous event, the raising of the flag, which Joe Rosenthal memorialized in his iconic photograph; and
Whereas, Narry Wesley Kidd Jr. was born on October 31, 1934, and served in the U.S. Navy in the Korean War; and
Whereas, The six Kidd brothers were the sons of Wesley and Annie Kidd, who also had seven daughters; and
Whereas, Narry Wesley Kidd Jr. remembers that when his five brothers served during World War II, his mother placed a miniature flag and a star on the front window of their home in Standard for each of them while they were in the service; and
Whereas, The five Kidd brothers were among the 54 men from Standard who served their country during World War II, and were among the 52 who returned home; and
Whereas, Of the six brothers, only Narry Wesley Kidd, Jr, is still living; and
Whereas, The Kidd family remembers that the brothers never discussed among themselves their service in the armed forces; and
Whereas, It is appropriate to name this bridge to honor the six Kidd brothers’ service to their state and; therefore, be it
Resolved by the Legislature of West Virginia:
That the Commissioner of the Division of Highways is hereby requested to name bridge number 20-83-8.49 (20A266), locally known as Standard Bridge, carrying County Route 83 Spur over Paint Creek in Kanawha County, the “Kidd Brothers Veterans Memorial Bridge”; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the “Kidd Brothers Veterans 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 C. Martin, Rowan, Bibby, J. Jeffries, Hanna, P. Martin, Howell, Phillips, Worrell and Fast offered the following resolution, which was read by its title and referred to the Committee on Technology and Infrastructure then Rules:
H. C. R. 69 - “Requesting the Division of Highways name bridge number: 49-016/00-002.95 (49A038), (38.93283, -80.15943) locally known as Sand Run Slab NO. 2, carrying CR 16 over Sand Run in Upshur County, the ‘U. S. Air Force Senior Airman Luke Christopher Wamsley Memorial Bridge’.”
Whereas, Senior Airman Luke Christopher Wamsley was born September 28, 1986, in Buckhannon, West Virginia, son of Dion Wamsley, a resident of Buckhannon, West Virginia, and Janice Wamsley Rollins, now a resident of Burlington, Vermont. He graduated from Spaulding High School in Barre, Vermont, where he later became a substitute teacher. He was a 2009 graduate at Lackland Air Force Base in San Antonio, Texas, and served in Afghanistan in 2013. Luke received 12 federal medals, including the Air Force Achievement Medal, Meritorious Unit Award, Air Force Outstanding Unit Award and Afghanistan Campaign Medal. He also received four state medals; and
Whereas, Luke worked as a senior airman for the Green Mountain Boys, Vermont National Air Guard where he served as a CE electrician, from 2009 until the time of his death on September 23, 2015, while on duty in the Vermont National Air Guard; and
Whereas, It is fitting that an enduring memorial be established to commemorate Senior Airman Luke Christopher Wamsley, a true son of West Virginia, and his contributions to 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: 49-016/00-002.95 (49A038), (38.93283, -80.15943) locally known as Sand Run Slab NO. 2, carrying CR 16 over Sand Run in Upshur County, the “U. S. Air Force Senior Airman Luke Christopher Wamsley Memorial Bridge”; and, be it
Further Resolved, That the Division of Highways is hereby requested to erect signs in bold and prominent letters identifying the bridge as the “U. S. Air Force Senior Airman Luke Christopher Wamsley 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 Atkinson, Westfall and J. Kelly offered the following resolution, which was read by its title and referred to the Committee on Technology and Infrastructure then Rules:
H. C. R. 70 - “Requesting the Division of Highways name a 1.7 mile stretch of highway, beginning at the intersection of Route 20/1 and County Route 20, also known as Mulberry Ridge Road, in Roane County, West Virginia, the ‘U. S. Army Air Corps Private Albert J. Sutphin Memorial Highway’.”
Whereas, Albert J. Sutphin was born on July 7, 1920, in Spencer, West Virginia, the son of Albert Lee Sutphin and Lillie Frances Nelson Sutphin; and
Whereas, Following high school, Albert J. Sutphin married Doris Pauline Morehead Sutphin, had two children, Laura June and Joseph Lee Sutphin, and was employed as a welder; and
Whereas, Albert J. Sutphin enlisted in the United States Army on April 13, 1943, in Huntington, West Virginia; and
Whereas, Albert J. Sutphin served as a Private, 32nd Photographic Squadron, 5th Reconnaissance Group, U.S. Army Air Force during World War II; and
Whereas, Albert J. Sutphin was a passenger on the S.S. Paul Hamilton (Hull Number 227) for her fifth voyage that left from Hampton Roads, Virginia on April 2, 1944, as part of convoy UGS 38, carrying supplies and the ground personnel of the 485th Bombardment Group and the 5th Reconnaissance Group of the United States Army Air Forces to Italy; and
Whereas, On the evening of April 20, 1944, the S.S. Paul Hamilton and other ships in the convoy were attacked 30 miles (48 km) in the Mediterranean Sea off the coast of Cape Bengut near Algiers by 23 German Ju 88 Bombers; and
Whereas, A single aerial torpedo struck the S.S. Paul Hamilton and detonated the cargo of high explosives and bombs, and the ship and crew disappeared within 30 seconds, with a total of approximately 580 men lost at sea; and
Whereas, Albert J. Sutphin was declared “Missing in Action” in the sinking of the Paul Hamilton during World War II, and was awarded the Purple Heart, Service Number 35657888; and
Whereas, The U.S.S. Landsdale (DD-426) and the S.S. Royal Star were also sunk in the April 20, 1944, attack, with an additional loss of approximately 47 men, and the Landsdale received four battle stars for World War II service; and
Whereas, It is fitting that an enduring memorial be established to commemorate Private Albert J. Sutphin and his contributions to our nation and state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name a 1.7 mile stretch of highway, beginning at the intersection of Route 20/1 and County Route 20, also known as Mulberry Ridge Road, in Roane County, West Virginia, the “U. S. Army Air Corps Private Albert J. Sutphin Memorial Highway”; and, be it
Further Resolved, That the Division of Highways is hereby requested to erect signs containing bold and prominent letters identifying a 1.7 mile stretch highway, beginning at the intersection of Route 20/1 and County Route 20, as the “U. S. Army Air Corps Private Albert J. Sutphin Memorial Highway”; and, be it
Further Resolved, That the Clerk of the House forward a copy of this resolution to the Commissioner of the Division of Highways.
And,
Delegate Rowe offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 71 - “Urging Congress to recognize June 19 as ‘Juneteenth Nation Freedom Day’ as a national holiday.”
Whereas, An historical event occurred in 1865 in Galveston, Texas, when on June 19, 1865, Union General Granger proclaimed to all slaves in the south word of the Emancipation Proclamation by President Abraham Lincoln. For approximately 155 years since that date African Americans together with peoples of many nations, colors and creeds and have made this one of the most important events and celebrations of the year; and
Whereas, Americans of all colors, creeds, cultures, religions, and countries-of-origin, share in a common love of and respect for “freedom”, as well as a determination to protect their right to freedom through democratic institutions, by which the “tenets-of-freedom” are guaranteed and protected. The “19th of June” or Juneteenth Independence Day, along with the “4th of July”, completes the “cycle of freedom” for America’s Independence Day observances. “Until All are Free, None are Free” is an oft repeated maxim that can be used to highlight the significance of the end of the era of slavery in the United States; therefore, be it
Resolved by the Legislature of West Virginia:
That Congress is hereby urged to recognize June 19 as “Juneteenth Nation Freedom Day” as a national holiday; and, be it
Further Resolved, That the Clerk of the House forward a copy of this resolution to the Speaker of the United States House of Representatives, the President of the United States Senate and to the West Virginia members of Congress.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Pack, Cooper, Steele, Higginbotham, Graves, Bates, Hill and Summers:
H. B. 4736 - “A Bill to amend and reenact §17E-1-9 of the Code of West Virginia, 1931, as amended, relating to qualifications for a commercial driver’s license permit; providing that a commercial driver’s license instruction permit may be issued to persons enrolled in a vocational program that requires a commercial driver’s license and the person will turn 18 years of age before completing the vocational program”; to the Committee on Technology and Infrastructure then the Judiciary.
By Delegate Rowan:
H. B. 4737 - “A Bill to amend and reenact §18C-1-1 of the Code of West Virginia, 1931, as amended, relating to the qualifications for state financial aid”; to the Committee on Education.
By Delegate Rowe:
H. B. 4738 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12m; and amending said code by adding thereto a new section, designated §11-24-23h, all relating to creating a tax credit for improving facades in historic districts; providing that individuals and corporations are entitled to a 25 percent tax credit of the replacement cost of historic facades; and setting forth conditions”; to the Committee on Finance.
By Delegate Westfall:
H. B. 4739 - “A Bill to amend and reenact §33-51-3 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §33-51A-1, §33-51A-2, §33-51A-3, §33-51A-4, and §33-51A-5, all relating to the regulation of pharmacy services administrative organizations”; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Rowe:
H. B. 4740 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §49-9-1, §49-9-2, and §49-9-3, all relating to designation of social workers in the Department of Health and Human Services to promote better student school attendance and performance, and the health and well-being of students at home; duties described”; to the Committee on Education then Finance.
By Delegate Ellington:
H. B. 4741 - “A Bill to amend and reenact §11-14C-5 of the Code of West Virginia, 1931, as amended, relating to reducing the motor fuel excise tax”; to the Committee on Finance.
By Delegates Hansen, Pushkin, Walker, Hornbuckle and Doyle:
H. B. 4742 - “A Bill to amend the Code of West Virginia by adding thereto a new article designated §3-3C-1, §3-3C-2, §3-3C-3, §3-3C-4, §3-3C-5, §3-3C-6, §3-3C-7, §3-3C-8, §3-3C-9, §3-3C-10, §3-3C-11, §3-3C-12, §3-3C-13, §3-3C-14, §3-3C-15, §3-3C-16, §3-3C-17, §3-3C-18, §3-3C-19, §3-3C-20, §3-3C-21, and §3-3C-22, all relating to establishing a vote by mail program for the state”; to the Committee on Government Organization then the Judiciary.
By Delegate Rowe:
H. B. 4743 - “A Bill to amend and reenact §31-15-3 of the Code of West Virginia, 1931, as amended, relating to the West Virginia Economic Development Authority; creating a small business and minority populations economic and workforce development taskforce to assist the Director of the Economic Development Authority in developing and implementing a procedure to address employment, labor force participation and economic development problems of small business and low income and minority populations of West Virginia; and developing a pilot project that can be used as a model to promote the growth and development of small business to increase employment and labor force participation across West Virginia”; to the Committee on Small Business, Entrepreneurship and Economic Development then Government Organization.
By Delegates Wilson, Howell, Sypolt, Canestraro, Kump, Criss, Storch, Butler, Maynard, Hardy and Linville:
H. B. 4744 - “A Bill to amend and reenact §17-2A-8 of the Code of West Virginia, 1931, as amended, relating to the powers and duties of the West Virginia Commissioner of Highways; and requiring district roads and highways in a district to be in compliance with state code and federal standards and that the projected date of completion of any other construction projects in that district has occurred before new construction may begin in that district”; to the Committee on Government Organization.
By Delegates Campbell and Pack:
H. B. 4745 - “A Bill to amend and reenact §18-5-45 of the Code of West Virginia, 1931, as amended, relating to replacing minimum minutes of instructional time required per day with a requirement for an average of five hours per day throughout the instructional term; prohibiting the instructional term from commencing before September 1; and allowing county boards of education to provide public notice of public hearings for discussing the school calendar by publishing prominently on the board’s website instead of publishing in a local newspaper of general circulation in the area”; to the Committee on Education.
By Delegates Fleischauer, Rowe, Rohrbach, Evans, Butler, Hansen, Walker, Linville, Angelucci, Caputo and Zukoff:
H. B. 4746 - “A Bill to amend the Code of West Virginia,1931, as amended, by adding thereto two new sections, designated §17A-2-26 and §17A-2-27; and to amend and reenact §30-29-5 of said code, all relating to establishing a registry of persons with a communication disability, developing a form to use to include persons in this registry and requiring that the communication disability provisions be included in law-enforcement training and certification”; to the Committee on Government Organization.
By Delegates Howell and C. Martin:
H. B. 4747 - “A Bill to amend and reenact §29-19-2, §29-19-5, §29-19-6, and §29-19-9 of the Code of West Virginia, 1931, as amended; to amend and reenact §30-18-1, §30-18-3, §30-18-6, and §30-18-10 of said code; to amend and reenact §39-4A-2 of said code; and to amend and reenact §47-2-1 and §47-2-3, all relating generally to extending current laws allowing electronic submission of applications and forms to the Secretary of State’s Office relating to licensure or regulation charities, nonprofit organizations, private investigators and firms, security guards and firms, out-of-state commissioners, and trademarks; providing new definitions for the term ‘sign’ and ‘signature’ relating to applications or forms in the foregoing regulated industries; providing for more efficient application processes in the foregoing regulated industries; and technical typographical changes to distinguish the Secretary of State from an entity’s secretary or administrative assistant”; to the Committee on Government Organization.
By Delegates Howell and C. Martin:
H. B. 4748 - “A Bill to amend and reenact §39-4-23 and §39-4-30 of the Code of West Virginia, 1931, as amended, all relating to the increase of fees that private nongovernment notary publics may charge for notarial acts; clarifying the appropriate manner of advertising for non-government notarial services; and providing the proper manner and content of the required disclaimer to notarial customers by private notary publics, which disclaimer clearly notifies notary customers that nonattorney notary publics are not permitted to provide legal services including document drafting, document review, or legal advice”; to the Committee on Government Organization then the Judiciary.
By Delegates Howell and C. Martin:
H. B. 4749 - “A Bill to amend and reenact §30-18-3, §30-18-6, §30-18-9, and §30-18-10 of the Code of West Virginia, 1931, as amended, all relating to providing more efficient application processes for private investigators, security guards, and firms; removing unnecessary requirements for each private investigator and security guard applicant to submit fingerprints and photographs of each applicant to the Secretary of State; to allow private investigators, security guards, and private investigator or security guard firms to obtain liability insurance in lieu of a surety bond; increasing the amount of a surety bond; increasing the licensure renewal term of a private investigator, security guard, and private investigator or security guard firms from one to two years; and making technical typographical changes to distinguish the Secretary of State from an entity’s secretary or administrative assistant”; to the Committee on Government Organization.
By Delegate Rowe:
H. B. 4750 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18C-8-1, §18C-8-2, §18C-8-3, §18C-8-4, §18C-8-5, §18C-8-6, §18C-8-7, and §18C-8-8, all relating to creating the Katherine Johnson College Award Program; providing tuition assistance to qualified students pursuing baccalaureate degrees in eligible post-secondary programs at state regional colleges or universities”; to the Committee on Education then Finance.
By Delegates Barrett, Steele, N. Brown, Criss, Maynard, Hardy, Byrd, Bates and Staggers:
H. B. 4751 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13FF-1, relating to providing a tax credit for dues paid to trade associations”; to the Committee on Industry and Labor then Finance.
By Delegate Graves:
H. B. 4752 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-10P-1, §18-10P-2, and §18-10P-3; and to amend and reenact §21-5C-1 of said code, all relating to initiating a State Employment First Policy to facilitate integrated employment of disabled persons; providing legislative findings; establishing a taskforce to develop a State Employment First Policy; providing for implementation of the State Employment First Policy; and providing definitions for ‘competitive integrated employment’ and ‘customized employment’”; to the Committee on Industry and Labor then Government Organization.
By Delegates Doyle and S. Brown:
H. B. 4753 - “A Bill to amend and reenact §7-22-22 of the Code of West Virginia, 1931, as amended; and to amend and reenact §31-15-17 of said code, all relating to requiring the economic development authority and county commissions to obtain approval from county board of education for agreements that involve tax revenues that would be expended for public schools”; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Canestraro, Pushkin, Hornbuckle, Williams, Campbell and Lovejoy:
H. B. 4754 - “A Bill to amend and reenact §16A-2-1 of the Code of West Virginia, 1931, as amended, relating to including ulcerative colitis as a ‘serious medical condition’”; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Hanna:
H. B. 4755 - “A Bill to amend and reenact §18-5-13a of the Code of West Virginia,1931, as amended, relating to requiring a vote on school closure or consolidation in certain circumstances”; to the Committee on Education.
By Delegate Kump:
H. B. 4756 - “A Bill to amend and reenact §19-34-2 and §19-34-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §64-9-12, all relating to keeping reptiles, amphibians, and exotic birds from being included on the Dangerous Wild Animal Board’s list of dangerous wild animals”; to the Committee on Agriculture and Natural Resources then Government Organization.
By Delegates Walker, Rohrbach, Miley, Lavender-Bowe, Skaff, Rowe, Hansen, Williams, Pyles, S. Brown and Fleischauer:
H. B. 4757 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12m; to amend said code by adding thereto a new section, designated §11-24-23h; to amend said code by adding thereto a new section, designated §16-35-4b, all relating to establishing tax credits for lead abatement in child occupied residences; establishing personal and corporate tax credit to owners or occupiers of these residences; providing for varying tax credits based on time periods when the credit is claimed; and providing for rule-making authority”; to the Committee on Finance.
By Delegates Graves, Butler, D. Jeffries, Hott, Rowan, Sypolt, Pack, Wilson and Hanna:
H. B. 4758 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-5AA-1, relating to enacting the ‘Solemn Covenant of the States to Award Prizes for Curing Diseases’ Compact”; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Walker, Rohrbach, Miley, Miller, S. Brown, Fleischauer, Estep-Burton, Pushkin and Hanna:
H. B. 4759 - “A Bill to amend and reenact §60A-11-5 of the Code of West Virginia, 1931, as amended, relating to creating a duty to disclose by owners of property that knew or should have known that crystal methamphetamine production was occurring at a residential property; and authorizing voiding of lease or conveyance for failure to disclose information”; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Campbell, Criss, Cooper, Pack, Westfall, Canestraro, Queen, Dean, Paynter, Storch and Lavender-Bowe:
H. B. 4760 - “A Bill to amend and reenact §29-22B-1202 of the Code of West Virginia, 1931, as amended, relating to modifying video lottery retailer licensing eligibility requirements; modifying the distance measurements from prohibited structures by equalizing the measurement standards for licensed video lottery licenses with that of the Alcoholic Beverage Commission’s distance measurements from certain prohibited locations for private clubs’ licenses”; to the Committee on the Judiciary.
Special Calendar
Third Reading
Com. Sub. for H. B. 4083, Requiring the West Virginia Parkways Authority to accept the use of credit and debit cards for paying tolls; 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. 114), and there were—yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent and Not Voting: Ellington, Estep-Burton, Hornbuckle and Kessinger.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4083) 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. 4361, Relating to insurance law violations; 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. 115), and there were—yeas 95, nays 3, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Hicks, J. Jeffries and McGeehan.
Absent and Not Voting: Ellington and Estep-Burton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4361) 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. 4444, Establishing Medals of Valor and Medals for Bravery for emergency medical services, firefighters, and law-enforcement officers; on third reading, coming up in regular order, was read a third time.
Delegate Graves asked unanimous consent to be added as a cosponsor of Com. Sub. for H. B. 4444, which consent was not granted, objection being heard.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 116), and there were—yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent and Not Voting: Ellington and Estep-Burton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4444) 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. 4453, Expanding the eligibility requirements for private investigator and security guard licensure; 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. 117), and there were—yeas 96, nays 2, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Canestraro and Fluharty.
Absent and Not Voting: Ellington and Estep-Burton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4453) 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. 4466, Certificates of Insurance 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. 118), and there were—yeas 94, nays 4, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: J. Jeffries, McGeehan, Paynter and Wilson.
Absent and Not Voting: Ellington and Estep-Burton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4466) 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. 4477, West Virginia Mutual to Mutual Insurance Holding Company 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. 119), and there were—yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent and Not Voting: Ellington and Estep-Burton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4477) 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. 4502, Relating to insurance adjusters; 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. 120), and there were—yeas 93, nays 5, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Foster, J. Jeffries, McGeehan, Paynter and Wilson.
Absent and Not Voting: Ellington and Estep-Burton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4502) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4515, Relating to wildlife resources, eligibility for license or permit application; 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. 121), and there were—yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Wilson.
Absent and Not Voting: Ellington and Estep-Burton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4515) 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. 4585, Providing immunity from civil or criminal liability for making good faith reports of suspected or known instances of child abuse or neglect; on third reading, coming up in regular order, was read a third time.
Delegate Steele requested to be excused from voting on H. B. 4585 under the provisions of House Rule 49.
The Speaker replied that there would not be a financial implication as contemplated under the rule and directed the Member to vote.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 122), and there were—yeas 69, nays 29, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Barnhart, Bartlett, Bibby, Butler, Cadle, Dean, Fast, Foster, Hardy, Hicks, Howell, D. Jeffries, J. Jeffries, Kump, C. Martin, P. Martin, McGeehan, Paynter, Phillips, Porterfield, Rodighiero, Steele, Storch, Summers, Swartzmiller, Tomblin, Toney, Waxman and Wilson.
Absent and Not Voting: Ellington and Estep-Burton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4585) 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. 4607, Authorizing the operation of mobile shops for hair, nail, cosmetology, and aesthetics services; 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. 123), and there were—yeas 94, nays 4, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Criss, Diserio, J. Kelly and Robinson.
Absent and Not Voting: Ellington and Estep-Burton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4607) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4664, Clarifying the offense of driving under the influence of alcohol, controlled substances, or drugs; 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. 124), and there were—yeas 88, nays 10, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Bibby, Higginbotham, McGeehan, Phillips, Porterfield, Sponaugle, Steele, Summers, Wilson and Worrell.
Absent and Not Voting: Ellington and Estep-Burton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4664) 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:
H. B. 2527, Relating to forgery and other crimes concerning lottery tickets,
Com. Sub. for H. B. 4003, Relating to telehealth insurance requirements,
Com. Sub. for H. B. 4061, Health Benefit Plan Network Access and Adequacy Act,
H. B. 4582, Declaring certain claims against agencies of the state to be moral obligations of the state,
Com. Sub. for H. B. 4611, Relating to fireworks,
H. B. 4618, Relating to deadly weapons for sale or hire,
H. B. 4661, Relating to the powers of the Public Service Commission and the regulation of natural gas utilities,
And,
H. B. 4691, Relating to employment in areas of critical need in public education.
First Reading
Com. Sub. for S. B. 364, Authorizing Department of Transportation promulgate legislative rules; on first reading, coming up in regular order, was read a first time and ordered to second reading.
Com. Sub. for H. B. 4069, West Virginia Student Religious Liberties Act; on first reading, coming up in regular order, was read a first time and ordered to second reading.
H. B. 4455, Permitting fees from the Central Abuse Registry to be used for costs relating to information technology support and infrastructure; on first reading, coming up in regular order, was reported by the Clerk.
On motion of Delegate Summers, the bill was postponed one day.
Leaves of Absence
At the request of Delegate Summers, and by unanimous consent, leaves of absence for the day were granted Delegates Ellington and Estep-Burton.
Miscellaneous Business
Pursuant to House Rule 132, consent was requested and obtained to print the following remarks in the Appendix to the Journal:
- Delegate Evans during Remarks by Members
- Delegate Cooper during Remarks by Members
- Delegate Worrell during Remarks by Members
Pursuant to House Rule 94b, forms were filed with the Clerk’s Office to be added as a cosponsor of the following:
- Delegate Hott for H. B. 4088
- Delegate Fleischauer for H. B. 4723
- Delegate S. Brown for H. B. 4189
- Delegate C. Thompson for H. B. 4583
- Delegate Bates for H. B. 4754
- Delegate Porterfield for H. B. 4088, H. B. 4437 and H. B. 4587
- Delegate Pyles for H. B. 4692, H. B. 4694, H. B. 4696, H. B. 4697, H. B. 4698 and
H. B. 4699
- Delegate Mandt for H. B. 2031, H. B. 2032 and H. B. 4519
- Delegate Toney for H. B. 4737
- Delegates Evans and Rodighiero for H. B. 4723
Pursuant to House Rule 94b, a form was filed with the Clerk’s Office to be removed as a cosponsor of the following:
- Delegate Kump for H. B. 4717
At 11:54 a.m., the House of Delegates adjourned until 11:00 a.m., Monday, February 10, 2020.
HOUSE OF DELEGATES
STEPHEN J. HARRISON, Clerk
Building 1, Room M-212
1900 Kanawha Blvd., East
Charleston, WV 25305-0470