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Tuesday, February 11, 2020
THIRTY-FIFTH 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 Monday, February 10, 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 H. B. 4455, on Second Reading, Special Calendar, had been transferred to the House Calendar; 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, House Calendar, had been transferred to the Special Calendar; and S. B. 321 and Com. Sub. for S. B. 532, on Second Reading, House Calendar, had been transferred to the Special Calendar.
Committee Reports
Delegate Howell, Chair of the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4155, Relating generally to the regulation of plumbers,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4155 – “A Bill to amend and reenact §21-14-2 and §21-14-3 of the Code of West Virginia, 1931, as amended, all relating generally to the regulation of plumbers; exempting individuals who perform plumbing work under $5,000 from being a licensed plumber; requiring the Commissioner of Labor to credit military related experience towards hours requirements; exempting employees of a small business; defining terms; requiring drug testing of licensees; and reducing the number of hours of plumbing work experience,”
With the recommendation that the committee substitute do pass.
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:
H. B. 4693, Expanding the scope of the Veterans to Agriculture Program,
And reports the same back, with a title amendment, with the recommendation that it do pass, as amended, but that they first be referred to the Committee on Government Organization.
In accordance with the former direction of the Speaker, the bill (H. B. 4693) 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:
H. B. 4180, Relating to the seed certification program within the Department of Agriculture,
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. 4180) was referred to the Committee on Government Organization.
Delegate Atkinson, 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:
H. B. 2151, Relating to the beginning and expiration of hunting and fishing licenses,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2151) was referred to the Committee on the Judiciary.
Delegate Atkinson, 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:
H. B. 4537, Establishing a study conducted by the Division of Natural Resources on the Upper Mud River Lake,
And reports the same back with the recommendation that it do pass, 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. 4537) was referred to the Committee on Government Organization.
Delegate Atkinson, 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:
H. B. 4523, Removing the limitation of number of apprentice hunting and trapping licenses a person may purchase,
And,
H. B. 4634, Southern West Virginia Lake Development Study Commission Act,
And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 4523 and H. B. 4634) were each referred to the Committee on the Judiciary.
Delegate Westfall, Chair of the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 3060, Amending the definition of mortgage loan originator,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 3060) was referred to the Committee on the Judiciary.
Delegate Westfall, Chair of the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 4406, Relating to the reproduction of checks and other records,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
Delegate Maynard, Chair of the Committee on Fire Departments and Emergency Medical Services, submitted the following report, which was received:
Your Committee on Fire Departments and Emergency Medical Services has had under consideration:
H. B. 4558, Creating a personal income tax credit for volunteer firefighters in West Virginia,
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. 4558) 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. 4454, Authorizing an order of restitution to the state for reimbursement of costs incurred for misuse of public funds,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4454) 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. 4513, Increasing the replacement costs required of a person causing injury or death of game or protected species,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4513 - “A Bill to amend and reenact §20-2-5a of the Code of West Virginia, 1931, as amended, relating to increasing the replacement costs required of a person causing injury or death of game or protected species; providing additional replacement costs for antlered deer; and requiring revocation of hunting and fishing licenses for conviction of described offenses,”
With the recommendation that the committee substitute do pass.
Delegate Householder, Chair of the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
S. B. 300, Updating certain terms in WV Corporation Net Income Tax Act,
And,
S. B. 310, Updating certain terms used in WV Personal Income Tax Act,
And reports the same back with the recommendation that they each do pass.
Delegate Householder, Chair of the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
S. B. 170, Alleviating double taxation on foreign income at state level,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
Delegate Shott, Chair of the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4217, Department of Environmental Protection, ambient air quality standards,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4217 - “A Bill to amend and reenact §64-3-1 et seq. of the Code of West Virginia, 1931, as amended, all relating generally to authorizing certain agencies of the Department of Environmental Protection to promulgate legislative rules; authorizing the rules as filed, as modified by the Legislative Rule-Making Review Committee, and as amended by the Legislature; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to ambient air quality standards; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to standards of performance for new stationary sources; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to control of air pollution from hazardous waste treatment, storage, and disposal facilities; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to emission standards for hazardous air pollutants; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to control of ozone season nitrogen oxides emissions; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to West Virginia surface mining reclamation rule; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to groundwater protection rules for coal mining operations; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to hazardous waste management system; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to voluntary remediation and redevelopment rule; and authorizing the Oil and Gas Conservation Commission to promulgate a legislative rule relating to rules of the commission,”
With the recommendation that the committee substitute do pass.
Messages from the Executive
Delegate Hanshaw (Mr. Speaker) presented a communication from His Excellency, the Governor, advising that on February 10, 2020, he approved Com. Sub. for S. B. 323.
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
S. B. 96 - “A Bill to amend and reenact §8-12-5a of the Code of West Virginia, 1931, as amended, relating to prohibiting municipalities from limiting in any manner inconsistent with or in conflict with state law, the rights of persons to purchase, possess, transfer, own, carry, transport, sell, or store deadly weapons, firearms, or pepper spray; defining terms; extending restrictions on municipal regulation of firearms to pepper spray and deadly weapons; removing authority of municipalities to prohibit possession of deadly weapons or pepper spray in areas where temporary events are held; and limiting award of attorney’s fees and costs to petitioners prevailing in certain actions”; which was referred to the Committee on Political Subdivisions 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. 195 - “A Bill to amend and reenact §44-1-29 of the Code of West Virginia, 1931, as amended, relating to authorization for a personal representative, trustee, administrator, or executor of a deceased person’s estate to transfer or amend deeds of conservation or preservation easements; removing authorization to execute deeds of conservation and preservation easements where a decedent did not sign or complete the deed or easement; defining the duty of the personal representative, trustee, administrator, or executor; and establishing conditions for the exercise of the authority to transfer or amend”; 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. 266 - “A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to clarifying and updating language regarding special license plates for Fairmont State alumni”; which was referred to the Committee on Technology and Infrastructure then 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. 275 - “A Bill to amend and reenact §3-10-3a of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §16-2D-16a; to amend said code by adding thereto a new section, designated §23-1-1h; to amend and reenact §23-5-1, §23-5-3, §23-5-5, §23-5-6, §23-5-8, §23-5-9, §23-5-10, §23-5-11, §23-5-12, §23-5-13, §23-5-15, and §23-5-16 of said code; to amend said code by adding thereto a new section, designated §23-5-8a; to amend and reenact §29A-5-4; to amend and reenact §29A-6-1 of said code; to amend said code by adding thereto a new section designated §51-2A-24 of said code; to amend and reenact §51-9-1a of said code; to amend said code by adding thereto a new article, designated §51-11-1, §51-11-2, §51-11-3, §51-11-4, §51-11-5, §51-11-6, §51-11-7, §51-11-8, §51-11-9, §51-11-10, §51-11-11, §51-11-12, §51-11-13, and §51-11-14; and to amend and reenact §58-5-1 of said code, all relating generally to the West Virginia Appellate Reorganization Act of 2020; providing that the Judicial Vacancy Advisory Commission shall assist the Governor in filling judicial vacancies in an Intermediate Court of Appeals; transferring jurisdiction over appeals of decisions of the Health Care Authority in certificate of need reviews from the Workers’ Compensation Office of Administrative Judges to the Intermediate Court of Appeals; transferring jurisdiction over objections filed in workers’ compensation claims from the Office of Judges to the Workers’ Compensation board of review; terminating the Office of Judges by a certain date and transferring all powers and duties, related to objections, from the Office of Judges to the board of review; providing that the Insurance Commissioner shall have administrative oversight and authority over the board of review; authorizing the board of review to hire hearing examiners meeting certain qualifications and classified as attorneys; requiring the chairman of the board of review to assign a member of the board to each objection; establishing the duties of board of review; requiring that all orders and decisions of the board of review pertaining to an objection be issued and signed by a single member of the board of review, with certain exceptions; permitting the board of review member assigned to an objection to delegate certain duties to a hearing examiner; establishing the administrative powers and duties of the board of review; increasing the limit on the annual salary of a board of review member; authorizing the board of review to promulgate rules of practice and procedure, and establishing a process therefor; establishing duties of the chairman of the board of review; providing that the administrative expenses of the board of review shall be included in annual budget of the Insurance Commissioner; providing that petitions for review of final decisions of the Workers’ Compensation Board of Review must be made to the Intermediate Court of Appeals; establishing certain procedures and other requirements for appeals of board of review decisions made to the Intermediate Court of Appeals; providing that the Supreme Court of Appeals has discretion to review final decisions of the Intermediate Court of Appeals in workers’ compensation claims; requiring that appeal of contested cases under the State Administrative Procedures Act be made to the Intermediate Court of Appeals; transferring jurisdiction to review family court final orders from circuit courts to the Intermediate Court of Appeals; creating an Intermediate Court of Appeals in West Virginia to be operational by a certain date; providing a short title; providing legislative findings; defining terms; establishing and defining two geographical districts of the Intermediate Court of Appeals; requiring a three-judge panel for proceedings of each district of the Intermediate Court of Appeals; authorizing jurisdiction of the Intermediate Court of Appeals over certain matters; excluding certain matters from jurisdiction of the Intermediate Court of Appeals; providing that parties to an appeal in the Intermediate Court of Appeals shall have an opportunity for a full and meaningful review on the record of the lower tribunal and an opportunity to be heard; establishing a procedure by which parties to an appeal in the Intermediate Court of Appeals may file a motion for direct review of an appeal by the Supreme Court of Appeals in certain extraordinary circumstances; providing eligibility criteria for judges of the Intermediate Court of Appeals; providing a process for initial appointment of judges to the Intermediate Court of Appeals to fill vacancies in the Intermediate Court of Appeals upon its creation; providing for an initial election of judges to the Intermediate Court of Appeals for staggered terms; providing for the regular election of a judge to each district of the Intermediate Court of Appeals upon the expiration of a sitting judge’s term; establishing a procedures for the filling of vacancies in unexpired judicial terms by appointment and in certain circumstances, subsequent election; providing that the Governor’s judicial appointments must be made from a list of candidates submitted by the Judicial Vacancy Advisory Commission and are subject to advice and consent of the Senate; providing that judges of the Intermediate Court of Appeals may not be candidates for any elected public office during the judicial term; establishing certain requirements for the filing of appeals to the Intermediate Court of Appeals; clarifying that an appeal bond may be required before appeal to the Intermediate Court of Appeals may take effect; requiring the Chief Judge of the Intermediate Court of Appeals to publish and submit certain reports to the Legislature and Supreme Court of Appeals regarding pending cases; authorizing filing fees; providing for deposit of filing fees in a special revenue account to fund the State Police Forensic Laboratory; recognizing the constitutional authority of the Supreme Court of Appeals to exercise administrative authority over the Intermediate Court of Appeals; providing that procedures and operations of the Intermediate Court of Appeals shall comply with rules promulgated by the Supreme Court of Appeals; requiring that appeals to the Intermediate Court of Appeals and related filings be filed with the Clerk of the Supreme Court of Appeals; providing that Intermediate Court of Appeals proceedings shall take place in publicly available facilities as arranged by the Administrative Director of the Supreme Court of Appeals; granting the Intermediate Court of Appeals discretion to require oral argument; authorizing the Administrative Director of the Supreme Court of Appeals to employ staff for Intermediate Court of Appeals operations; providing that the budget for Intermediate Court of Appeals operations shall be included in the appropriation for the Supreme Court of Appeals; authorizing the Intermediate Court of Appeals to issue opinions as binding precedent for lower courts; providing that the Intermediate Court of Appeals shall issue written decisions as a matter of right; providing for discretionary review of Intermediate Court of Appeals decisions by Supreme Court of Appeals; authorizing an annual salary, retirement benefits, and reimbursement of expenses for judges of the Intermediate Court of Appeals; providing for reimbursement of expenses of Intermediate Court of Appeals staff; providing internal effective dates; removing obsolete language from the code; and making technical corrections to the code”; which was referred to the Committee on the Judiciary then 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. 573 - “A Bill supplementing, amending, and increasing the appropriations of public moneys out of the Treasury for claims against the state by making supplementary appropriations from the unappropriated balance in the State Fund, General Revenue, special revenue funds and state road funds for the fiscal year ending June 30, 2020”; 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. 576 - “A Bill to repeal §5A-8-6 and §5A-8-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §5A-8-3, §5A-8-4, §5A-8-5, §5A-8-7, §5A-8-9, §5A-8-10, §5A-8-11, §5A-8-13, §5A-8-14, §5A-8-15, and §5A-8-17 of said code, all relating to records management of public records; defining terms; dissolving the formal advisory committee; updating the authority of the administrator; allowing for records of historical value; updating the authority of agency heads related to records management; providing for electronic storage and electronic formats for records; repealing the requirement that administrator must store agencies’ essential records; removing the requirement that administrator notify agencies of essential records destruction; providing that administrator may approve request by agencies to destroy their essential records; and making technical changes”; 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. 600 - “A Bill to amend and reenact §15-1J-4 of the Code of West Virginia, 1931, as amended, relating to creating a special revenue account of the State Treasury designated the Military Authority Fund to be administered by the Adjutant General for all nonfederal government entity revenues and expenses received by the West Virginia Military Authority”; 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
Com. Sub. for S. B. 665 - “A Bill to amend and reenact §15-2B-6 of the Code of West Virginia, 1931, as amended, relating to requiring persons convicted of certain felonies since March 8, 1995, provide a DNA sample; and clarifying that persons and entities supervising or confining felons are required to obtain DNA samples from felons when requested to do so by the State Police”; 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. 670 - “A Bill to amend and reenact §56-3-33 of the Code of West Virginia, 1931, as amended, relating to amending the manner of service of process on nonresident persons or corporate entities”; 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. 676 - “A Bill to amend and reenact §15-2C-6 of the Code of West Virginia, 1931, as amended, relating to permitting fees from the central abuse registry to be used for costs relating to information technology support and infrastructure; and permitting the term ‘criminal recordkeeping’ to include data creation.”
At the respective requests of Delegate Summers, and by unanimous consent, reference of the bill (Com. Sub. for S. B. 676) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
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. 678 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15A-5-10, relating to the waiver of all penalties, costs, assessments, forfeitures, fines, and fees associated with criminal convictions for persons who successfully complete the Getting Over Addicted Lifestyles Successfully Program in jail for the purpose of obtaining a driver’s license”; which was referred to the Committee on the Judiciary.
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 Agriculture and Natural Resources then Rules:
S. C. R. 29 - “Requesting the United States Drug Enforcement Administration and the United States Department of Agriculture to consider promulgating regulations authorizing a state that has been granted primary regulatory authority over the production of hemp in the state to take custody of cannabis plants to lower the tetrahydrocannabinol concentration of processed hemp.”
Whereas, The Legislature is requesting the United States Drug Enforcement Administration and the United States Department of Agriculture to consider promulgating regulations authorizing a state that has been granted primary regulatory authority over the production of hemp in the state to take custody of cannabis sativa L. plants having a delta-9 tetrahydrocannabinol concentration on a dry weight basis which exceeds 0.3 percent but is less than 1.0 percent, for the purpose of applying technology and techniques to lower the tetrahydrocannabinol concentration of processed hemp to 0.3 percent or less; and
Whereas, Hemp is defined as the plant cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis; and
Whereas, A cannabis sativa L. plant having a THC concentration of more than 0.3 percent constitutes marijuana, a Schedule I controlled substance, and is subject to enforcement by the United States Drug Enforcement Administration; and
Whereas, The Interim Final Rule entitled, “Establishment of a Domestic Hemp Production Program”, promulgated by the Agricultural Marketing Service of the United States Department of Agriculture on October 31, 2019, requires disposal of cannabis sativa L. plants having a THC concentration of greater than 0.3 percent, and does not expressly provide for remediation of such plants to lower the THC concentration of processed hemp to 0.3 percent or less; and
Whereas, The West Virginia Department of Agriculture is required to comply with federal requirements and restrictions pertaining to hemp and has sought primary regulatory authority over the production of hemp in this state; and
Whereas, There exists technology and techniques capable of lowering THC concentration of processed hemp to 0.3 percent or less; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the United States Drug Enforcement Administration and the United States Department of Agriculture to consider promulgating regulations authorizing a state that has been granted primary regulatory authority over the production of hemp in the state to take custody of cannabis plants to lower the tetrahydrocannabinol concentration of processed hemp; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the United States Drug Enforcement Administration and the United States Department of Agriculture, requesting their cooperation.
Resolutions Introduced
Delegate Phillips offered the following resolution, which was read by its title and referred to the Committee on Technology and Infrastructure then Rules:
H. C. R. 74 - “Requesting the Division of Highways name bridge number 01-056/00-000.01(01A063), (38.97937, -79.95045) locally known as Junior W-Beam, carrying CR 56 over Tygart Valley River in Barbour County, the ‘U. S. Army PFC Roger Lee Carpenter Memorial Bridge’.”
Whereas, Roger Lee Carpenter was born August 16, 1947, to Bretzel and Marcelene Shomo Carpenter; and
Whereas, Roger Lee Carpenter attended Junior Grade School, Belington Junior High and graduated in 1965 from Phillip Barbour High School and is survived by his siblings, Robert Carpenter, Gary Carpenter and Barbara Carpenter; and
Whereas, Roger Lee Carpenter enlisted in the United States Army and was a PFC in Troop b, 4 Cavalry, 25th Infantry Division; and
Whereas, Roger Lee Carpenter was killed in action in Vietnam on April 14, 1968; and
Whereas, It is fitting that an enduring memorial be established to commemorate PFC Roger Lee Carpenter 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 01-056/00-000.01(01A063), (38.97937, -79.95045) locally known as the Junior W-Beam, carrying CR 56 over the Tygart Valley River in Barbour County, the “U. S. Army PFC Roger Lee Carpenter Memorial Bridge”; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “U. S. Army PFC Roger Lee Carpenter Memorial Bridge”; 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.
Delegates Staggers, Boggs, Miley, Wilson, Phillips, Lavender-Bowe, Bates, Pack, Cooper, Kessinger, Campbell, Angelucci, Azinger, Barrett, Bibby, N. Brown, S. Brown, Byrd, Cadle, Canestraro, Caputo, Criss, Diserio, Doyle, Evans, Fleischauer, Fluharty, Hansen, Hartman, Hornbuckle, Householder, Jennings, D. Kelly, Kump, Linville, Longstreth, Maynard, McGeehan, Miller, Paynter, Pethtel, Porterfield, Pushkin, Pyles, Queen, Rodighiero, Rohrbach, Rowe, Shott, Skaff, Sponaugle, Swartzmiller, Sypolt, C. Thompson, R. Thompson, Tomblin, Toney, Walker, Williams and Worrell offered the following resolution, which was read by its title and referred to the Committee on Agriculture and Natural Resources then Rules:
H. C. R. 75 - “Providing for the naming of the highest peak on Wolf Creek Mountain in Monroe County, ‘Boone’s Peak’.”
Whereas, Buele (Boone) Cochran lived near Creamery most of his life and in 1953 he bought a farm upon which he, his wife and three children lived. He passed away in 2011 after a long battle with dementia; and
Whereas, During World War II, Mr. Cochran was a Marine who served on Iwo Jima from day one through the last day. He later took part in the occupation of Japan. Returning home, he and his father set up a sawmill at Creamery and timbered for a few years. He later turned to farming for a period while still living at the farm. He then also worked at the federal reformatory at Alderson until retirement from federal prison service, as did his wife; and
Whereas, Mr. Cochran served as the VFW Post Commander in Alderson for more than 20 years. He also sold Buddy Popeyes till age caught up with him. He was active in taking part during the 4th of July celebrations, the flag raisings, parades and other patriotic events. He was a Christian and very supportive of his church. He became a namesake in the whole area; and
Whereas, Mr. Cochran and his children often climbed to the top of that mountain; and
Whereas, It is fitting that an enduring tribute be established to honor Mr. Cochran’s contributions to his country and community; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Natural Resources is hereby requested to name the highest peak on Wolf Creek Mountain in Monroe County, “Boone’s Peak”; and
Further Resolved, That the Director of the Division of Natural Resources is hereby requested to erect a sign at the top of Wolf Creek Mountain in Monroe County proclaiming it as “Boone’s Peak”; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the Director of the Division of Natural Resources.
Delegates Fluharty, Diserio, Canestraro, Zukoff, Lovejoy and Storch offered the following resolution, which was read by its title and referred to the Committee on Agriculture and Natural Resources then Rules:
H. C. R. 76 - “Requesting the Division of Natural Resources name the waterfall located on North Branch of Short Creek across North Fork Road, County Route 9, from Short Creek United Methodist Church cemetery in Ohio County, West Virginia, ‘White Angel Falls’.”
Whereas, Erin Jo Brookes, was born on September 26, 1972, to parents Brian and Debbie Brookes, and died on March 24, 2009, from cancer; and
Whereas, Her gravestone has a “White Angel” beside it and is in direct line of sight to the waterfall; and
Whereas, To some, the waterfall symbolizes eternal life and hope, as everyday water either trickles or gushes over it; and
Whereas, It is fitting to name this waterfall, “White Angel Falls”; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Natural Resources is hereby requested to name the waterfall located on North Branch of Short Creek across North Fork Road, County Route 9, from Short Creek United Methodist Church cemetery “White Angel Falls”; and, be it
Further Resolved, That the Division of Natural Resources is hereby requested to have made and place a sign near the waterfall the “White Angel Falls” waterfall; and, be it
Further Resolved, That the Clerk of the House forward a copy of this resolution to the Director of the Division of Natural Resources.
Delegates Skaff, Anderson, Barnhart, Barrett, Bates, Byrd, Cadle, Campbell, Canestraro, Capito, Caputo, Criss, Dean, Doyle, Estep-Burton, Fleischauer, Fluharty, Hanna, Hansen, Hartman, Hicks, Hill, Hornbuckle, Hott, Householder, D. Jeffries, J. Jeffries, D. Kelly, Kump, Lavender-Bowe, Linville, Little, Longstreth, Lovejoy, Mandt, Miller, Pack, Phillips, Pyles, Robinson, Rowan, Rowe, Shott, Sponaugle, Storch, Swartzmiller, R. Thompson, Tomblin, Walker, Waxman, Westfall, Williams, Wilson, Worrell and Zukoff offered the following resolution, which was read by its title and referred to the Committee on the Judiciary then Rules:
H. C. R. 77 - “Requesting the Joint Committee on Government and Finance conduct a study of the increased duties and responsibilities of the West Virginia State Police, and determine the number of full-time equivalent positions that are needed to meet the statutory mission of statewide enforcement of criminal and traffic laws with emphasis on providing basic enforcement and citizen protection from criminal depredation throughout the state’s public streets, roads and highways.”
Whereas, The West Virginia State Police have been protecting the citizens of this state since 1919, investigating crimes, traffic accidents, providing crowd control, directing traffic, apprehending sexual predators and those that terrorize our neighborhoods to ensure that we live in peace; and
Whereas, The West Virginia State Police has seen a decrease in manpower since 2001, when more than 700 Troopers protected West Virginia to currently employing only 615 Troopers to protect West Virginia; and
Whereas, The West Virginia State Police duties and responsibilities have continued to grow during the same time period which have included the sex offenders within the state that are required to register with the West Virginia State Police; in 2001, the sex offender registry listed 1,468 sex offenders within the state, and that number has now grown to over 5,639 offenders that the West Virginia State Police has the responsibility of keeping track of; and
Whereas, In 2017, there were 833 drug overdose deaths reported in West Virginia involving opioids, giving West Virginia the highest age-adjusted rate of drug overdose deaths involving opioids in the country; and
Whereas, The most recent figures reflect that the West Virginia State Police answered 159,552 calls for service for a one-year period answering the calls of the citizens of West Virginia; and
Whereas, The Legislature finds that it should take an active role in studying, formulating and implementing a plan to provide the necessary manpower, equipment and resources needed for the West Virginia State Police to meet the statutory mission of Statewide Law Enforcement; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to conduct a study of the West Virginia State Police manpower, duties and responsibilities, and determine the number of full-time equivalent positions that are needed to meet the statutory mission of statewide law enforcement and citizen protection from criminal depredation throughout the state; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the Legislature, on the first day of the regular session, 2021, on its findings, conclusions and recommendations, together with drafts of any legislation to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegate P. Martin offered the following resolution, which was read by its title and referred to the Committee on Technology and Infrastructure then Rules:
H. C. R. 78 - “Requesting the Division of Highways name bridge number 21-N1670-0.09 (21A910), locally known as 4th Street Beam Bridge, carrying West 4th Street over Polk Creek in Lewis County, the ‘U. S. Army Air Corps PVT Thomas M. Wright Memorial Bridge’.”
Whereas, PVT Wright was born in Lewis County West Virginia on January 15, 1920, to Wilbur Leslie Wright and Albina Phillips Wright; and
Whereas, PVT Wright enlisted in the Army Air Corps at Fort Hayes, Columbus, Ohio, on July 21, 1941; and
Whereas, PVT Wright was assigned to the 18th Squadron, 17th Air Base Group, at Hickam Field in Hawaii on the island of Oahu; and
Whereas, PVT Wright was one of more than 2,400 souls to be lost on December 7, 1941 due to the attacks on Pearl Harbor and PVT Wright was the first casualty from Lewis County, W.Va. to be lost during World War II; and
Whereas, PVT Wright received, posthumously, the Purple Heart to commemorate his service to his country and state; and
Whereas, It is fitting that an enduring memorial be established to commemorate PVT Thomas M. Wright 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 21-N1670-0.09 (21A910), locally known as 4th Street Beam Bridge, carrying West 4th Street over Polk Creek in Lewis County, the “U. S. Army Air Corps PVT Thomas M. Wright Memorial Bridge”; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “U. S. Army Air Corps PVT Thomas M. Wright Memorial Bridge”; 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.
Delegates Hartman, Sponaugle, Staggers, N. Brown, C. Thompson and Boggs offered the following resolution, which was read by its title and referred to the Committee on Technology and Infrastructure then Rules:
H. C. R. 79 - “Requesting the Division of Highways name bridge number 42-021/00-001.50 (42A035), (38.79220, -79.89154) locally known as East Dailey Bridge, carrying CR 21 over Tygart Valley RV. in Randolph County, the ‘U. S. Army Nurses Corp CPT Nancy Margret Kiess Memorial Bridge’.”
Whereas, United States Army Captain Nancy Margret Kiess was born in Adolph, West Virginia, on January 14, 1916, and passed away on February 9, 2007; and
Whereas, Captain Kiess was accepted into the Army Nurses Corp while still a student nurse. Camp Pickett, Virginia was her first field of work. There she met Frances Fuller, who became her Army buddy and together they went through the war were in charge of the operating tents in their hospital. After five months at Camp Pickett she joined the 34th Evac Hospital with 20 other nurses in Jasper, Texas, on June 11, 1943, before heading onto maneuvers in Louisiana; and
Whereas, After 17 weeks of learning how best to take down and set up tents at eight different areas caring for patients from a tank division, Captain Kiess was then sent to Camp Barkley, Texas, before moving overseas. She left Camp Barkley by rail and after a trip of three days and nights, that went through Canada, she arrived at Camp Kilmer, New Jersey; and
Whereas, After 31 days they boarded the HMHS El Nel, a British ship which was captured from Germany in World War I. It was given to the Egyptian government as a private vessel to travel the Nile River. The ship was returned to the British with the condition that it be used as a hospital ship only. Carrying the 34th Evacuation Hospital was to be its first mission prior to delivery to the British. On February 12, 1944, the ship left New York, but due to mechanical difficulties docked at Halifax, Nova Scotia, where it was repaired; and
Whereas, After leaving Halifax the rough sea obliterated all distinguishing marks required by the Geneva Convention. The waves poured over the decks tearing loose a couple of lifeboats and cracking the super structure. A leak developed in the boiler room, the pumps failed, and men were used to bail out the water. The ship was alone on the ocean, not in a convoy with other ships. Later after coming around Northern Ireland through the Irish Sea to Liverpool, England, its Captain told Captain Kiess and all those onboard how near they came to abandoning ship; and
Whereas, From Liverpool Captain Kiess was taken to Altrincham, England, where she was billeted in private homes until boarding the SS Empire Broadsword to cross the channel. She and the other nurses climbed down rope ladders into landing craft and waded ashore at Utah Beach near Cherbourg where they saw their first dead American soldier laying on the beach. That first night was spent in foxholes because their equipment was delayed in the channel. She worked with the 96th and 97th Evac hospitals at Sainte-Mere-Eglise and St Sauveur le Vincente, until the equipment arrived. The personnel of the hospital were divided in half and each section worked a 12-hour shift. The hospital was never closed except when on convoy from one area to another until the war was ended; and
Whereas, On the first day of operation, when they were reunited with the equipment, near Carenton, France, Captain Kiess and her colleagues received 525 patients, 125 above capacity. German planes strafed the highway near the hospital, and they watched planes dog fight over their tents. Being just 3½ miles behind the front line, and in constant danger of counter battery fire, they watched and heard the drone of a thousand airplanes as the Air Corp blasted a hole through the enemy lines near St. Lo, through which General Patton’s 3rd Army poured and started the drive across France. Captain Kiess and the hospital followed General Patton’s tanks during his drive into Germany; and
Whereas, Their next move during the night was to Fougeres, France, near where the Germans had launched an unsuccessful counter-attack. After which, they continued to follow the rapidly advancing 3rd Army toward Paris. Their next three areas were of short duration since the army was moving so quickly: Tigery where they received a large number of German prisoners of war; Etempes, was an area in Alfalfa fields where the army engineers worked for three days to put a road through to the hospital and two days after it was completed they received orders to move; and Tauxieres, near Reims and during time off some of the personnel were fortunate enough to visit the Reims Cathedral. They also became acquainted with French Champagne in the area; and
Whereas, A military hospital was Captain Kiess’ base in Verdun. She was impressed with the quality and quantity of the German medical equipment left behind in the buildings. The number of patients received in the area doubled their capacity, which required some patients and all personnel to be quartered in the basement, but they also had to be evacuated when the river overflowed and flooded the basement. One bright time was on Thanksgiving Day at Verdun when they remembered the role the city had played in World War I; and
Whereas, The end of November found them moving into Metz and hearing the sporadic gunfire from the forts outside the city still in German hands. They set up in another evacuated military hospital and spent a very cold winter where Captain Kiess spent Christmas and New Year. She, the other nurses and the men trimmed Christmas trees with IV connectors wrapped in chewing gum foil and any other bright object they could find to brighten the patients and the day. The area held a very sad memory for Captain Kiess, because it was there she received word her mother, Mary Ann Pennington Kiess, had died on January 20, 1945. The kindness and sympathy of her friends helped her through that dark time in her life; and
Whereas, On February 2, 1945, they moved into Luxembourg and experienced the longest period of continuous surgery and operation for all sections as the 3rd Army was constantly engaged in attacks for the drive to the Rhine River. Their next hospital setup was in an old convent, which had been used as a German hospital. The city was quite beautiful, both old world and new, it seemed more like cities in the United States. Most of the people spoke English and the city had ice cream parlors. German long-range shells landed near the hospital as they tried to destroy the beautiful stone bridge spanning the valley which was the main supply route to the front lines; and
Whereas, On March 24, 1945, Frankfurt on the Main fell, and on March 30 Captain Kiess’ hospital started its move. This was her first sight of German soil. Many windows and doors had white flags flying from them and there were orders not to fraternize. They crossed the Rhine River on a pontoon bridge under a heavy smoke screen, which wasn’t soon forgotten. The hospital was installed in the buildings of the famous Frankfurt Medical School. There were many German patients, who were moved to buildings staffed by German medical personnel. A large number of allied patients were prisoners of war, including many American soldiers. General Patton visited the hospital and inspected its operating rooms; and
Whereas, Thereafter, they moved to Suhl where they could see the destruction caused by the allied air force and the smoking cities as they passed through. The building they used had been a training center for German Luftwaffe and was on top of a hill. Admittances began to decrease, and they knew this meant the war would soon be over. The first convoy trucks carrying operating room equipment and personnel arrived at Sandersdorf, Germany, on April 28, 1945, a Saturday afternoon. Even though a half dozen field artillery observations planes occupied some of the area, they set up and were ready for patients six hours ahead of schedule. They were in tents for the first time since September,1944; and
Whereas, It was at this time Captain Kiess saw how disorganized retreating Germans were, and of the low number of patients received many were German soldiers. In the next few days they heard Hitler was dead, hostilities soon ceased, and May 9 was proclaimed VE day. Blackout regulations were lifted, they could have lights, and bonfires were built. With fewer patients, Captain Kiess fished and played ball and horseshoes while waiting to go home; and
Whereas, Captain Kiess’ unit then moved to lngolstadt, Germany, a city surrounded by a wall, that contained apartments for displaced persons. At this time the hospital was disassembled, and the nurses were sent to Marseille, France, where they boarded the battleship USS Hermitage for the long voyage home; and
Whereas, For her service, Captain Kiess received 4 Battle Stars, The World War II Victory Medal, the American Theater Medal, and the European-African-Middle Eastern Campaign Medal; and
Whereas, It is appropriate to name this bridge to honor Captain Kiess for her service to her country and her state; 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 42-021/00-001.50 (42A035), (38.79220, -79.89154) locally known as East Dailey Bridge, carrying CR 21 over Tygart Valley RV. in Randolph County, the “U. S. Army Nurses Corp CPT Nancy Margret Kiess 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 “U. S. Army Nurses Corp CPT Nancy Margret Kiess Memorial Bridge”; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the Commissioner of the Division of Highways.
On motions for leave, Joint Resolutions were introduced, read by their titles and referred as follows:
By Delegates Miley, Fluharty, Evans, Angelucci, Rowe, Bates, Diserio, Fleischauer, Skaff and Hornbuckle:
H. J. R. 111 - “Proposing an amendment to the Constitution of the State of West Virginia, amending article X thereof, by adding thereto a new section, designated section one-d, relating generally to ad valorem taxation and assessment of tangible personal property; authorizing the Legislature to exempt one or more species of tangible personal property from taxation; authorizing the Legislature to reduce the rate of taxation or assessment for one or more species of tangible personal property; authorizing different statewide rates of taxation, statewide rates of assessment, and statewide methods of valuation for different species of tangible personal property; specifying that the Legislature and levying bodies remain subject to constitutional limits on rate of taxation and assessment; authorizing the Legislature to classify property as real or personal for taxation purposes; requiring the Legislature to appropriate equivalent funds to each local government that loses revenues; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment”; to the Committee on Finance then the Judiciary.
By Delegates Miley, Bates, Doyle, Hicks, Diserio, Skaff, Lavender-Bowe, S. Brown, Barrett, Longstreth and Zukoff:
H. J. R. 112 - “Proposing an amendment to the Constitution of the State of West Virginia, amending article X thereof, by adding thereto a new section, designated section one-d, relating generally to ad valorem taxation and assessment of noncommercial motor vehicles; authorizing the Legislature to exempt noncommercial motor vehicles owned by individuals for personal use from paying ad valorem tax on those motor vehicles; and requiring the Legislature to appropriate equivalent funding to local governmental bodies losing revenue; and providing a summarized statement of the purpose of such proposed amendment”; to the Committee on Finance then the Judiciary.
By Delegates Steele and Bartlett:
H. J. R. 113 - “Proposing an amendment to the Constitution of the State of West Virginia, amending article III thereof by adding thereto a new section, designated section twenty-three, relating to the right to hunt, fish and harvest wildlife; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment”; to the Committee on Agriculture and Natural Resources then Rules.
By Delegate Wilson:
H. J. R. 114 - “Proposing an amendment to the Constitution of the State of West Virginia amending section two, article XII thereof, relating to the removal of the West Virginia Board of Education as the entity responsible for the general supervision of free schools; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment”; to the Committee on Education then the Judiciary.
By Delegates Fast, Hanshaw (Mr. Speaker), Householder and Criss:
H. J. R. 115 - “Proposing an amendment to the Constitution of the State of West Virginia to add section one-d, article X thereof, relating to legislative authority to repeal all business and inventory ad valorem property taxation on tangible personal property and providing a summarized statement of the purpose of such proposed amendment”; to the Committee on Finance then the Judiciary.
And,
By Delegates Skaff, Zukoff, Angelucci, Diserio, Lavender-Bowe, C. Thompson and Estep-Burton:
H. J. R. 116 - “Proposing an amendment to the Constitution of the State of West Virginia amending section 13, article VI thereof, relating to allowing elected state official to be a government employee or employee of a public school, college, or university; and providing a summarized statement of the purpose of such proposed amendment”; to the Committee on Government Organization then the Judiciary.
Motions
Delegate Bates moved, pursuant to House Rule 100, that Com. Sub. for H. B. 4061 be committed to the Committee on the Judiciary.
Delegate Rowe was speaking during debate on the motion to commit when Delegate Summers arose to a point of order regarding the question before the House, to which point the Speaker replied that the point was well taken but that some latitude would be allowed to address the underlying bill.
The question being on the adoption of the motion, the same was put and did not prevail.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Foster and Waxman:
H. B. 4791 - “A Bill to amend and reenact §21-11-3 of the Code of West Virginia, 1931, as amended, relating to the alteration of the definition of a specialty contractor under the West Virginia Contractor Licensing Act in order to specify that only specialty contractors whose work requires more than 10 percent of labor to fulfill their contracting services would be required to obtain a contractor’s license”; to the Committee on Government Organization.
By Delegates Howell, C. Martin and Hamrick:
H. B. 4792 - “A Bill to amend and reenact §11-6-11 of the Code of West Virginia, 1931, as amended, relating to the board of public works assessing a flat fee on land owned by a railroad, telegraph, telephone, or pipeline that are not considered fit for use but are held by a railroad, telegraph, telephone, or pipeline for any reason, including potential future use; providing that the board of public works shall consult with the counties in which land owned by a railroad, telegraph, telephone, or pipeline lie; and providing for an effective date”; to the Committee on Government Organization then Finance.
By Delegates Maynard, Linville, Rohrbach, J. Jeffries, Kessinger, Householder, Sypolt, Steele, Hanna, Mandt and Rowan:
H. B. 4793 - “A Bill to amend and reenact §49-4-202 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §49-4-201a and §49-4-206, all relating to adding fire departments, law-enforcement agencies, emergency medical services organizations, and an emergency medical service provider employed by the organization to those who may take possession of a child voluntarily delivered to them by a parent who does not wish to return for the child, providing for delivery to a newborn safety incubator; defining certain terms; requiring certain rules and providing protection from civil liability for accepting such a child”; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Hamrick, Dean, Maynard, Barnhart, Cadle, Higginbotham, Hanna, Staggers, Howell, Rodighiero and R. Thompson:
H. B. 4794 - “A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to issuing specialty motor vehicle registration plates for businesses owning a fleet of 25 or more vehicles; establishing application and qualification requirements; and setting fees for specialty registration therefor”; to the Committee on Technology and Infrastructure then Government Organization.
By Delegates Pushkin, Estep-Burton, Skaff and Byrd:
H. B. 4795 - “A Bill to amend and reenact §8-12-16 of the Code of West Virginia, 1931, as amended, relating to authorizing municipalities to enact ordinances that allow the municipal court to place a structure, dwelling or building into receivership under certain circumstances”; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Pushkin, Robinson, Estep-Burton, Walker, Skaff and Byrd:
H. B. 4796 - “A Bill to amend the Code of West Virginia, 1931, as amended by adding thereto a new section, designated §5-16-7g; to amend said code by adding thereto a new section, designated §33-15-4u; to amend said code by adding thereto a new section, designated §33-16-3ff; to amend said code by adding thereto a new section, designated §33-24-7u, to amend said code by adding thereto a new section, designated §33-25-8r; and to amend said code by adding thereto a new section, designated §33-25A-8u, all relating to requiring the Public Employees Agency and other health insurance providers to provide mental health parity between behavioral health, mental health, substance use disorders and medical and surgical procedures; providing definitions; providing mandatory coverage; providing for mandatory annual reporting; providing for rulemaking; and setting forth an effective date”; to the Committee on Banking and Insurance then Finance.
By Delegate Capito:
H. B. 4797 - “A Bill to amend and reenact §8-12-16 of the Code of West Virginia, 1931, as amended, relating to authorizing municipalities to enact ordinances that allow the municipal court to place a structure, dwelling or building into receivership under certain circumstances”; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Foster and Waxman:
H. B. 4798 - “A Bill to amend and reenact §21-11-6 of the Code of West Virginia, 1931, as amended, relating to creation of an exemption under the West Virginia Contractor Licensing Act for work performed by a subcontracted specialty contractor that utilizes 10 percent or less in total labor costs on a singular project; to the Committee on Government Organization.
By Delegates Summers, Ellington, Fast and Fleischauer:
H. B. 4799 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5B-19, relating to creating the Patient Safety & Transparency Act”; to the Committee on Health and Human Resources.
By Delegates Cadle, Hicks, Paynter, Foster, Azinger and Bibby:
H. B. 4800 - “A Bill to amend and reenact §5B-1-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §5F-2-1 of said code; to amend and reenact §6-7-2a of said code; to amend said code by adding thereto a new section, designated §19-1-3c; to amend and reenact §19-1A-5 of said code; to amend and reenact §19-1B-3 of said code, all relating generally to transferring the Division of Forestry from the Department of Commerce to the Department of Agriculture effective July 1, 2019; transferring all authorities, powers, funds, duties, and affiliated boards or commissions of the Division of Forestry from the Division of Forestry to the Department of Agriculture; ensuring legislative rules remain in effect and transfer; permitting the Commissioner of Agriculture to hire the Director of the Division of Forestry and set the director’s salary; transferring Division of Forestry employees and director with same salary and benefits; making employees and Director of the Division of Forestry will and pleasure employees of the Commissioner of Agriculture; directing the Commissioner of Agriculture and the Secretary of Commerce to work with the Director of the Division of Forestry to ensure smooth transition; and making technical corrections to recognize the transfer elsewhere in the code”; to the Committee on Agriculture and Natural Resources then Government Organization.
By Delegate Rowe:
H. B. 4801 - “A Bill to amend and reenact §16-5S-9 of the Code of West Virginia, 1931, as amended, relating to establishing reimbursement rates for congregate and in-home meals”; to the Committee on Senior, Children, and Family Issues then Finance.
By Delegates Fleischauer, Pushkin, Hornbuckle, Walker, Bates, Fluharty, Canestraro, Williams, Pyles, Evans and Rowe:
H. B. 4802 - “A Bill to repeal §8-10-2b of the Code of West Virginia, 1931, as amended; to repeal §17B-3-3c of said code; and to repeal §62-4-17 of said code, all relating to eliminating the ability of a person’s driver’s license to be suspended for the failure to pay court fines and costs and for the failure to appear or otherwise respond in court”; to the Committee on Technology and Infrastructure then the Judiciary.
By Delegate Capito:
H. B. 4803 - “A Bill to amend and reenact §64-6-1 of the Code of West Virginia, 1931, as amended, relating to directing the State Fire Commission to promulgate a legislative rule related to code official certification standards with certain amendments”; to the Committee on Government Organization.
By Delegates Ellington, Espinosa, Cowles, Householder, Atkinson, Hardy, Higginbotham and Bibby:
H. B. 4804 - “A Bill to amend and reenact §18-9A-10 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18A-3C-3 of said code, all relating to comprehensive systems of support for teacher and leader induction and professional growth; providing for retention of $100,000 of school aid funds for comprehensive systems of support, each year for five-year period, for use by department of education to assist county boards in design and implementation of teacher leader framework to accomplish teacher induction and growth aspects of comprehensive system; clarifying intent of comprehensive systems of support includes meaningful assistance for beginning teachers and leaders; authorizing state board guidelines for design and implementation of comprehensive systems to include design and implementation of teacher leader framework; clarifying references to appropriations supporting county-level implementation of comprehensive systems of support; removing prohibition on specific level of compensation guarantee to employee service or employment as mentor; authorizing county board adoption of teacher leader framework to accomplish purposes of section for teacher induction and professional growth and apply appropriations to support county salary supplement if adopted and meeting qualifications specified for teacher duties; requiring department to assist county boards with design and implementation of teacher leader framework; stating goals of framework; authorizing formation of networks of schools or systems or both for design and implementation of frameworks with certain objectives; providing minimum components of teacher leader frameworks adopted by county boards; and requiring report to legislative oversight commission”; to the Committee on Education then Finance.
By Delegates Graves and Higginbotham:
H. B. 4805 - “A Bill to amend and reenact §6C-4-3 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §6C-4-4, all relating to providing adequate opportunities for state employees to obtain continuing education credits for professional licenses and registrations; and requiring Division of Personnel to conduct rulemaking”; to the Committee on Government Organization.
By Delegate Angelucci:
H. B. 4806 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-4-56, relating to requiring the Commissioner of Highways to include rumble strips on construction projects involving two lane secondary roads”; to the Committee on Technology and Infrastructure then Government Organization.
By Delegate Azinger:
H. B. 4807 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §27-5-2a, relating to arrests of addicted or mentally ill persons that are a danger to themselves or others; providing that law enforcement have a reasonable belief a person is addicted or mentally ill and a danger to themselves or others; providing that an arrest made under this section is considered an application for involuntary hospitalization; providing that the arresting officer or officers provide notice of the arrest as an application for a probable cause hearing; providing that the notice be submitted within four hours of the arrest; providing that all proceedings follow current law; and providing that this section is not intended to remove or alter a persons rights under current law and proceedings for involuntary hospitalization”; to the Committee on Prevention and Treatment of Substance Abuse then the Judiciary.
By Delegates Howell, C. Martin, Graves, Higginbotham and Steele:
H. B. 4808 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-7-14a, relating to persons from another state storing firearms in this state; providing that firearms may be stored in any storage location in this state not otherwise prohibited by law; providing that information relating to firearms stored in this state shall not be disseminated to law enforcement or other agency without meeting certain conditions; providing that a judge must first order a person to provide information relating to firearms stored in this state; providing that the judge must have clear and convincing evidence that the firearm was used in a crime committed in another state or this state before ordering information to be provided; providing that the owner or operator of a storage location must provide only information ordered by a judge; providing that an owner or operator of a storage location must not provide information without being first ordered by a judge; providing for first time offense penalties; providing for subsequent offense penalties; providing for an absolute defense for failing to provide information before being ordered to provide information by a judge”; to the Committee on the Judiciary.
By Delegates Storch, Westfall, Barrett, Criss, Householder, Canestraro and Fluharty:
H. B. 4809 - “A Bill to amend and reenact §47-21-2 of the Code of West Virginia, 1931, as amended, relating to charitable raffles; and removing outdated prohibitions against electronic or mechanical ticket dispensers and readers and associated digital fundraising platforms”; to the Committee on the Judiciary.
By Delegates Campbell, D. Jeffries, Fluharty, Dean, Lavender-Bowe, Pack, Hamrick, Higginbotham and R. Thompson:
H. B. 4810 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-2-65, relating to buck deer rifle hunting season starting two days earlier”; to the Committee on Agriculture and Natural Resources.
By Delegates Hanshaw (Mr. Speaker) and Miley:
H. B. 4811 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §5A-3-62 and §5A-3-63, all relating to requirements for state contracts; providing that any state spending unit executing a contract notify the county or municipality where the work will be performed; requiring surety bonds for vendors bidding on state contracts; providing for an effective date; providing that contracts in excess of $1 million require the vendor to obtain a surety bond for the bid to be considered complete; providing that the surety bond is used to pay local taxes to the municipality where the contract work will be performed; providing for deposit of the surety bond with the State Treasurer; providing that the amount of the surety bond be advertised with the contract specifications; providing for the vendor to obtain partial amounts of the surety bond under certain conditions; providing for the entire amount of the surety bond be returned to the vendor upon full payment; providing for any portion of the surety bond equal to the tax liability of the vendor be remitted to the municipality for payment of taxes under certain conditions; providing for 30 days from the end of the contract for the vendor to pay all outstanding municipal taxes; providing for failure to pay local taxes as grounds for the director to consider debarment of a vendor; and providing for rulemaking”; to the Committee on Government Organization.
By Delegates Hamrick, Maynard, Bibby, Hardy, Cooper, Porterfield, Paynter, Higginbotham, Barnhart and Campbell:
H. B. 4812 - “A Bill to amend and reenact §20-2-28 of the Code of West Virginia, 1931, as amended, relating to permitting the resident lineal descendants of landowners to hunt, trap or fish on that resident landowner’s property without a license”; to the Committee on Agriculture and Natural Resources then Finance.
By Delegates Steele and Foster:
H. B. 4813 - “A Bill to repeal §30-10-10, §30-10-11, §30-10-12, and §30-10-13 of the Code of West Virginia, 1931, as amended; and to amend and reenact §30-10-1, §30-10-3, §30-10-4, and §30-10-6 of said code, all relating to veterinary technicians or animal euthanasia technicians; providing that a licensed veterinarian is responsible for ensuring staff performing tasks have received education, training, guidance, and supervision from a licensed veterinarian; providing for altered definitions; providing for a person of a licensed veterinarian’s staff appointed to the board; providing that a veterinary staff member cannot be employed by a licensed veterinarian also appointed or currently serving on the board; and providing for removal of the animal euthanasia technician program”; to the Committee on Agriculture and Natural Resources then Government Organization.
By Delegate McGeehan:
H. B. 4814 - “A Bill to amend and reenact §49-4-712 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §49-4-712a, all relating to requiring parents or guardians to participate in programs for juveniles in an out-of-home placement”; to the Committee on the Judiciary.
By Delegates Campbell and Lavender-Bowe:
H. B. 4815 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-4-22, relating to imposing an additional assessment on certain real property; and requiring the additional tax be transferred into the Public Employees Insurance Agency Stability Fund”; to the Committee on Finance.
By Delegates Hanshaw (Mr. Speaker) and Miley:
H. B. 4816 - “A Bill to amend and reenact §22-3-11 of the Code of West Virginia, 1931, as amended, relating to removing the provisions for self-bonding; and providing for removal of the applicant insuring a bond without separate surety”; to the Committee on Energy then the Judiciary.
By Delegates Phillips, McGeehan, Bibby and D. Kelly:
H. B. 4817 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-1-8c, relating to the West Virginia Monument and Memorial Protection Act of 2020; prohibiting the relocation, removal, alteration, renaming, rededication, or other disturbance of any statue, monument, memorial, nameplate, or plaque which is located on public property and has been erected for, or named, or dedicated in honor of certain historical military, civil rights, and Native American events, figures, and organizations; prohibiting any person from preventing the governmental entity having responsibility for maintaining the items, structures, or areas from taking proper measures to protect, preserve, care for, repair, or restore the items, structures, or areas; and authorizing the West Virginia State Historic Preservation Office to grant waivers under certain circumstances”; to the Committee on Government Organization.
By Delegates Phillips, Steele, Paynter, Bibby and D. Kelly:
H. B. 4818 - “A Bill to amend and reenact §61-5-10 of the Code of West Virginia, 1931, as amended, relating to making it a criminal offense to escape or attempt to escape from the custody of a Community Corrections program”; to the Committee on the Judiciary.
By Delegate Householder:
H. B. 4819 - “A Bill to amend and reenact §8-35-1 and §8-35-2 of the Code of West Virginia,1931, as amended; and to amend said code by adding thereto four new sections, designated §8-35-3, §8-35-4, §8-35-5 and §8-35-6, all relating to the dissolution of municipalities and to modernizing the process”; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Hanshaw (Mr. Speaker) and Miley:
H. B. 4820 - “A Bill to amend the Code of West Virginia, 1931, as amended by adding thereto a new section, designated §5A-3-35a, relating to inventory of firearms owned by state agencies; providing for exempted agencies of the requirements of the purchasing division be required to submit to the director an inventory of all firearms owned by the agency; providing that an agency is not exempt from a limited number of sections relating to inventory; providing that agencies exempt from the requirements of the purchasing division be required to comply with certain sections for a limited purpose; providing that all agencies currently exempt from the requirement of the purchasing division remain exempt from the requirements; and providing for an effective date”; to the Committee on Government Organization.
By Delegates Storch, Pack, Criss, Householder and Fluharty:
H. B. 4821 - “A Bill to amend and reenact §27-5-10 of the Code of West Virginia, 1931, as amended, relating to providing that if individual who is mentally ill or a substance abuser requests to be taken to mental health facility or state hospital located in a county other than the county where the transportation originates, the county where the requested mental health facility or state hospital is located shall bear the costs of that transportation”; to the Committee on Political Subdivisions then the Judiciary.
By Delegate Hill:
H. B. 4822 - “A Bill to amend and reenact §16-5B-5a and §16-5B-6a of the Code of West Virginia, 1931, as amended, all relating to the licensure of hospitals; permitting hospitals to use other accrediting organizations which have been approved by the Centers for Medicare and Medicaid Services for accrediting purposes; clarifying and updating the number of consumer representatives on a hospital’s board of directors; and transferring certain enforcement authority from the Director of Health to the Secretary of Department of Health and Human Resources”; to the Committee on Health and Human Resources.
By Delegates Hanshaw (Mr. Speaker) and Miley:
H. B. 4823 - “A Bill to amend and reenact §24-6-3, relating to emergency 911 telephone system and wireless enhanced 911 fees; and requiring the Public Service Commission in cooperation with the State Auditor to develop a plan for periodic audits of the expenditure of the fees from these systems”; to the Committee on Government Organization.
By Delegates Boggs, Caputo, Angelucci and Longstreth:
H. B. 4824 - “A Bill to amend and reenact §17C-13-6 of the Code of West Virginia, 1931, as amended, relating to revising requirements relating to the issuance and renewal of handicap vehicle placards”; to the Committee on Technology and Infrastructure then Government Organization.
By Delegates Wilson, Jennings, Toney, Dean, Bartlett, Hanna, J. Kelly, Waxman, Cooper and Bibby:
H. B. 4825 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-25c, relating to requiring students to compete only against students of the same biological gender in any athletic contests or competitions in public schools”; to the Committee on Education.
By Delegates Howell, Higginbotham, C. Martin, Fast, Hanna, Graves, Criss, Rodighiero, Hicks and Campbell:
H. B. 4826 - “A Bill to amend and reenact §5-16-23 of the Code of West Virginia, 1931, as amended, relating to permitting former members of the Legislature to remain eligible for insurance plans offered to state officers or employees; providing for certain conditions to remain eligible; and providing that the former member’s continued participation in the insurance plans offered to state officers and employees does not require the state to bear, absorb or otherwise raise costs associated with a former member’s continued participation”; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Hansen:
H. B. 4827 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §22-10A-1, §22-10A-2, §22-10A-3, §22-10A-4, §22-10A-5, §22-10A-6, §22-10A-7, §22-10A-8, §22-10A-9, §22-10A-10, and §22-10A-11, all relating to creating the Orphan Oil and Gas Well Prevention Act; making findings; providing for new, transferred and nonproducing wells; requiring operators to set aside plugging costs; establishing State Treasurer and Office of Oil and Gas responsibilities; establishing the responsibilities of previous operators; providing for consent of surface owners; and requiring rule-making”; to the Committee on Energy then Finance.
By Delegates Bates, Lavender-Bowe, Worrell and Pack:
H. B. 4828 - “A Bill to amend and reenact §5-16B-6c and §5-16B-6d of the Code of West Virginia, 1931, as amended, all relating to providing Children’s Health Insurance Program coverage by creating a Children’s Health Insurance Program buy-in program for children of families above 300 percent of the federal poverty level and who can pay the total cost”; to the Committee on Health and Human Resources then Finance.
By Delegates Dean, Campbell, C. Thompson, N. Brown, R. Thompson, Evans, Cooper, Toney and Paynter:
H. B. 4829 - “A Bill to amend and reenact §18-7D-3 of the Code of West Virginia, 1931, as amended, relating to allowing members of the State Teachers’ Defined Contribution Retirement System who previously had the opportunity to transfer to the State Teachers Retirement System and did not, to transfer to State Teachers Retirement System upon paying the appropriate amount”; to the Committee on Pensions and Retirement then Finance.
By Delegates Little, Criss, Foster, Hanna, D. Jeffries and Pack:
H. B. 4830 - “A Bill to amend and reenact §48-10-502 of the Code of West Virginia, 1931, as amended, relating to modifying the factors to be used by the court in making a determination as to whether to grant visitation to a grandparent”; to the Committee on Senior, Children, and Family Issues then the Judiciary.
By Delegates Hamrick, Cooper, Porterfield, Paynter, Higginbotham and Campbell:
H. B. 4831 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-5AA-1, §16-5AA-2, §16-5AA-3, §16-5AA-4, and §16-5AA-5; all relating to establishing a comprehensive addiction recovery center certification and grant program in this state; providing for certification criteria; providing for eligibility criteria to receive a grant; providing for ranking priorities of grant applicants; providing for grant award limitations; providing for reporting requirements of grant recipients; providing for the creation of the Comprehensive Addiction Recovery Center Fund; providing for funding; providing for permitted expenditures from the fund; providing that money in the fund remains in the fund at the end of the fiscal year; and providing for an effective date”; to the Committee on Health and Human Resources then Finance.
By Delegate Hamrick:
H. B. 4832 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §36B-3-120, relating to establishing additional requirements of unit owners’ associations”; to the Committee on the Judiciary.
By Delegates Hanshaw (Mr. Speaker) and Miley:
H. B. 4833 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-6-15, relating to emergency telephone systems; and requiring annual reporting by county answering points to the Public Service Commission”; to the Committee on Government Organization.
By Delegates Hamrick, Howell, Foster, Porterfield and Waxman:
H. B. 4834 - “A Bill to amend and reenact §30-7-4 of the Code of West Virginia, 1931, as amended, and to amend and reenact §30-7A-5 of said code, all relating to prohibiting state nursing boards from limiting the number of students a nursing school may admit to the school”; to the Committee on Health and Human Resources then Government Organization.
By Delegates Howell, Foster, Porterfield, Hamrick and Waxman:
H. B. 4835 - “A Bill to amend and reenact §30-1-19 of the Code of West Virginia, 1931, as amended, relating to requiring all boards to be located in the same area and office space”; to the Committee on Government Organization.
By Delegate Barnhart:
H. B. 4836 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-25c, relating to requiring the West Virginia Secondary Schools Activities Commission to adopt and implement a ‘Heat and Humidity Practice Policy’ for all interscholastic athletic events of the students in public secondary schools”; to the Committee on Education.
By Delegates Canestraro, Hamrick, D. Kelly, Lovejoy, Miller and Shott:
H. B. 4837 - “A Bill to amend and reenact §8-10-2b of the Code of West Virginia, 1931, as amended; to amend and reenact §17B-3-3a of said code; to amend and reenact §17B-3-3c of said code; to amend and reenact §50-3-2a of said code; and to amend and reenact §62-4-17 of said code, all relating to eliminating the ability of a person’s driver’s license to be suspended for the failure to pay court fines and costs; authorizing circuit clerk to record a judgment lien for unpaid fines and costs”; to the Committee on the Judiciary.
By Delegate S. Brown:
H. B. 4838 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31-18-30; and to amend said code by adding thereto a new section, designated §37-6-31, all relating to requiring an owner to offer tenant right to purchase housing accommodations before selling to others; and requiring Housing Development Fund to create a program to assist tenants purchasing the property”; to the Committee on the Judiciary.
By Delegate S. Brown:
H. B. 4839 - “A Bill to amend and reenact §3-1-41 of the Code of West Virginia, 1931, as amended, relating to the procedures and standards for a board of canvassers to reasonably ascertain whether a provisional or challenged ballot must be counted at the canvass of any election”; to the Committee on Political Subdivisions then the Judiciary.
By Delegate Steele:
H. B. 4840 - “A Bill to amend and reenact §15A-2-1 of the Code of West Virginia, 1931, as amended, relating to dividing pretrial detention jail costs between arresting authorities”; to the Committee on the Judiciary then Finance.
By Delegate Angelucci:
H. B. 4841 - “A Bill to amend and reenact §18-5A-5 of the Code of West Virginia, 1931, as amended, relating to public school faculty senates; and requiring that county boards of education provide a full day for faculty senate meetings every other month, replacing the current meetings schedule”; to the Committee on Education.
By Delegate S. Brown:
H. B. 4842 - “A Bill to amend and reenact §49-2-113 of the Code of West Virginia, 1931, as amended, relating to exempting child-care programs for out-of-school time summer camp or summer day camps operated by county parks and recreation commissions, boards, and municipalities from the certification requirements for child-care”; to the Committee on Political Subdivisions then Government Organization.
By Delegate Barrett:
H. B. 4843 - “A Bill to amend and reenact §18-20-10 of the Code of West Virginia, 1931, as amended, relating to public school education assessment of students for dyslexia and dyscalculia; specifying State Board of Education and local school boards responsibilities relating to dyslexia and dyscalculia”; to the Committee on Education then Finance.
By Delegate Howell:
H. B. 4844 - “A Bill to amend and reenact §24-6-6b of the Code of West Virginia, 1931, as amended, relating to reforming the fees charged to wireless telephone subscribers for public safety systems to comply with federal law; eliminating portions of the wireless enhanced 911 fee that are disbursed to state agencies; establishing a corresponding public safety wireless fee; providing for the collection and disbursement of the public safety wireless fee; and authorizing the promulgation of legislative and emergency rules”; to the Committee on Finance.
By Delegate Angelucci:
H. B. 4845 - “A Bill to amend and reenact §22-15A-4 of the Code of West Virginia, 1931, as amended, relating to increasing the community service hours a person may be ordered to perform upon conviction of or pleading guilty to littering in this state”; to the Committee on the Judiciary.
By Delegate Longstreth:
H. B. 4846 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §3-4A-35, relating to requiring the Secretary of State and the West Virginia Cybersecurity Office to run or use a penetration test for online election systems no later than one month before all elections”; to the Committee on Government Organization.
By Delegate Longstreth:
H. B. 4847 - “A Bill to amend and reenact §17-2A-8 of the Code of West Virginia, 1931, as amended, relating to the powers of the West Virginia Commissioner of Highways; and requiring the commissioner to establish a website for state residents to submit road maintenance requests”; to the Committee on Technology and Infrastructure then Government Organization.
By Delegate Campbell:
H. B. 4848 - “A Bill to amend and reenact §15-2A-2 of the Code of West Virginia, 1931, as amended, relating to retirement credit in the West Virginia State Police Retirement System for persons who served as law-enforcement officers in other public or private positions before becoming a member of the State Police”; to the Committee on Pensions and Retirement then Finance.
By Delegate Angelucci:
H. B. 4849 - “A Bill to amend the Code of West Virginia,1931, as amended, by adding thereto a new section, designated §18B-1-1f; to amend and reenact §18B-1-2 of said code; and to amend and reenact §18B-1B-6 of said code; all relating to public higher education governance by establishing matrix necessary for an institution of higher education to become exempt from the Higher Education Policy Commission, and identifying Fairmont State University, Shepherd University and West Liberty University as exempted schools based on the matrix criteria”; to the Committee on Education.
By Delegates C. Martin, P. Martin, Dean, Fast, Steele, Foster, Hanna, Bibby and Shott:
H. B. 4850 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-1-17, relating to creating a process by which voters may recall a county ordinance in a special election”; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Hornbuckle, Fluharty, Lovejoy, Zukoff, Lavender-Bowe and Rowe:
H. B. 4851 - “A Bill to amend the Code of West Virginia,1931, as amended, by adding thereto a new article, designated §16-25A-1, §16-25A-2, and §16-25A-3, relating to screening for adverse childhood experiences; definitions and findings; mandatory insurance coverage”; to the Committee on Banking and Insurance then Health and Human Resources.
By Delegates Shott and Capito:
H. B. 4852 - “A Bill to amend and reenact §60A-4-401 of the Code of West Virginia, 1931, as amended, relating to the penalties for the manufacture, delivery, possession, or possession with intent to manufacture or deliver, a controlled substance; and, increasing the penalty for methamphetamine”; to the Committee on the Judiciary.
By Delegates C. Martin, Hanshaw (Mr. Speaker), P. Martin and Butler:
H. B. 4853 - “A Bill to amend and reenact §24-3-2 of the Code of West Virginia, 1931, as amended, relating to prohibiting a noninvestor-owned water or sewer public utility from prohibiting a customer from constructing, installing, or maintaining a connection or other infrastructure necessary for the customer to connect to the public utility to receive service”; to the Committee on Technology and Infrastructure then the Judiciary.
By Delegate Wilson:
H. B. 4854 - “A Bill to amend and reenact §18-5-2 of the Code of West Virginia,1931, as amended, to changing the method of filling vacancies in county boards of education”; to the Committee on the Judiciary.
By Delegates Boggs, Hartman, N. Brown, C. Thompson and Sponaugle:
H. B. 4855 - “A Bill to amend and reenact §20-5-19 of the Code of West Virginia, 1931, as amended, relating to allowing discounts and free camping at state parks for certain resident veterans”; to the Committee on Veterans’ Affairs and Homeland Security then Finance.
By Delegate Householder:
H. B. 4856 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §6-9C-1, §6-9C-2, §6-9C-3, §6-9C-4, §6-9C-5, §6-9C-6, §6-9C-7, §6-9C-8, §6-9C-9, and §6-9C-10, all relating generally to fiscal emergencies of local governments; establishing a system to remediate those emergencies; and requiring certain action be taken by the State Auditor”; to the Committee on Political Subdivisions then Finance.
By Delegates Howell and Porterfield:
H. B. 4857 - “A Bill to amend and reenact §30-1-5 of the Code of West Virginia, 1931, as amended; to amend and reenact §30-3-14 of said code; to amend and reenact §30-7-11 of said code; to amend and reenact §30-7A-10 of said code; and to amend and reenact §30-14-11 of said code, all relating to the addition of mandatory, inter-board reporting by licensees or registrants of the boards of medicine, osteopathic medicine, registered professional nursing, and practical nursing so that licensees or registrants of those boards must report the professional incompetence or inability to practice of any licensee or registrant of any of those boards”; to the Committee on Health and Human Resources then Government Organization.
By Delegates Steele, Higginbotham, Dean, Hill, Pack, Toney, McGeehan, Storch, Linville, Hamrick and Maynard:
H. B. 4858 - “A Bill to amend and reenact §60A-2-204 and §60A-2-210 of the Code of West Virginia, 1931, as amended, all relating to classifying ‘marihuana’ and tetrahydrocannabinols as a Schedule IV controlled substance; deleting marihuana and tetrahydrocannabinols from Schedule I listing; and adding these substances to the Schedule IV list under other substances”; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Hanshaw (Mr. Speaker) and Miley:
H. B. 4859 - “A Bill to amend and reenact §8-15-8b of the Code of West Virginia, 1931, as amended; and to amend and reenact §12-4-14b of said code, all relating to accounting for state funds distributed to volunteer and part-volunteer fire companies and departments; clarifying that use of such moneys for debt reduction is authorized only if the debts were incurred for specified purposes; authorizing the investment of such moneys with certain restrictions; and amending the definition of ‘state funds accounts’”; to the Committee on Finance.
By Delegates Howell, C. Martin, Porterfield, Hamrick and Waxman:
H. B. 4860 - “A Bill to amend and reenact §30-13-3, §30-13-4, §30-13-5, and §30-13-10 of the Code of West Virginia, 1931, as amended; and to amend and reenact §30-22-3, §30-22-4, §30-22-5, and §30-22-8 of said code, all relating to discontinuing the West Virginia Board of Landscape Architects and transferring its duties and authority to the Board of Registration for Professional Engineers; renaming the Board of Registration for Professional Engineers as the Board of Registration for Professional Engineers and Landscape Architects and updating references thereto; adding two additional seats on this board to include a landscape architect and a lay member of the public; specifying qualifications for board members; providing for one consolidated special revenue account and terminating the Board of Landscape Architects Fund; transferring the Board of Landscape Architects duties and authority to the Board of Registration for Professional Engineers and Landscape Architects; and clarifying that money received as fines shall be deposited as general revenue for the state”; to the Committee on Government Organization.
By Delegate Shott:
H. B. 4861 - “A Bill to amend and reenact §5-10A-2 of the Code of West Virginia, 1931, as amended, relating generally to disqualification for public service retirement plan benefits, modifying the definition of less than honorable service, removing the exception of a misdemeanor from that aspect of less than honorable service involving impeachment and conviction; removing the requirement that the participant or former participant plead guilty or nolo contendere to felony criminal conduct to constitute less than honorable service; and providing that conviction of specified misdemeanor conduct related to the participant’s term in office or participant’s term of employment in public service constitutes less than honorable service”; to the Committee on the Judiciary.
By Delegates Hanna, Pack and Hill:
H. B. 4862 - “A Bill to amend and reenact §17-16A-29 of the Code of West Virginia, 1931, as amended, relating to including emergency response vehicles in the single fee program for EZ Pass transponders”; to the Committee on Fire Departments and Emergency Medical Services then Finance.
By Delegates Howell and Waxman:
H. B. 4863 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-25-19, relating to termination of the West Virginia Nursing Home Administrators Licensing Board”; to the Committee on Government Organization.
By Delegates Howell and Waxman:
H. B. 4864 - “A Bill to amend and reenact §4-10-7 and §4-10-9 of the Code of West Virginia, 1931, as amended, all relating to performance reviews of state agencies and regulatory boards; authorizing the Joint Committee on Government Operations and the Joint Standing Committee on Government Organizations to include analysis of the rules of agencies and regulatory boards and to make recommendations to the Legislative Rule-Making Review Committee”; to the Committee on Government Organization.
By Delegates Foster, Howell, Waxman and Porterfield:
H. B. 4865 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-1-25, relating to requiring certain boards that seek to increase a fee or seek to impose a new fee to also submit cost saving measures undertaken or proposed to be undertaken”; to the Committee on Government Organization.
By Delegates Howell and Porterfield:
H. B. 4866 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60A-4-418, relating to conspiracy to commit violations of the Uniform Controlled Substances Act; creating the felony offense of conspiracy; providing penalties; establishing a sentencing guideline based upon quantity for certain controlled substances; authorizing the court to make the determination of applicable quantity; and authorizing the aggregation of quantities from all participants and members of the conspiracy”; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Capito, Nelson, Robinson, Byrd, Pushkin, Skaff and Rowe:
H. B. 4867 - “A Bill to amend and reenact §21-5-5c of the Code of West Virginia, 1931, as amended, relating to psychophysiological detection of deception examinations by law-enforcement officers; authorizing law-enforcement officers with a Class II license to conduct examinations of employees of other law-enforcement agencies; and requiring certain legislative rules pertaining to psychophysiological detection of deception examinations to include a provision requiring video recording of the examinations”; to the Committee on the Judiciary.
By Delegates Foster, Howell, Porterfield and Waxman:
H. B. 4868 - “A Bill to amend and reenact §30-27-5 of the Code of West Virginia, 1931, as amended, relating to restricting the authority of the Board of Barbers and Cosmetologists to regulate the use of commonly available, retail beauty products”; to the Committee on Government Organization.
By Delegates Hanshaw (Mr. Speaker) and Miley:
H. B. 4869 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-22-4, relating to requiring a public entity accepting a bid on a public construction contract or any other type of contract to notify every municipality and county in which the contractor or any of its subcontractors will be performing services under the contract of the existence of the contract”; to the Committee on Political Subdivisions then Government Organization.
By Delegates Hornbuckle, Lovejoy, Doyle, Rohrbach, Lavender-Bowe, Longstreth, Skaff, Walker, Hansen, N. Brown and Rowe:
H. B. 4870 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-15-51, relating to prohibiting certain devices which enhance a diesel-powered vehicle’s capacity to emit soot, smoke, or other particulate emissions; and creating misdemeanor offense with penalty”; to the Committee on Technology and Infrastructure then the Judiciary.
By Delegate Rowe:
H. B. 4871 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-9-1, §5B-9-2 and §5B-9-3, all relating to establishment of an Economic and Community Development Task Force; composition of task force; and requiring a report of task force to Joint Committee on Government and Finance”; to the Committee on Small Business, Entrepreneurship and Economic Development then Government Organization.
By Delegates Shott, Lovejoy, Capito, N. Brown and Canestraro:
H. B. 4872 - “A Bill to amend and reenact §61-8D-3 and §61-8D-4 of the Code of West Virginia, 1931, as amended, all relating to modifying the criminal penalties imposed on a parent, guardian or custodian for child abuse resulting in injury and child abuse or neglect creating risk of injury; providing that a prior conviction under this section subjects a person to increased penalties; defines a prior conviction; and establishing that a judicial officer has discretion to impose a misdemeanor sentence”; to the Committee on the Judiciary.
By Delegate Rowe:
H. B. 4873 - “A Bill to amend the Code of West Virginia,1931, as amended, by adding thereto a new section, designated §11A-3-2a, relating to the right of municipalities and counties to buy real estate for delinquent taxes”; to the Committee on Political Subdivisions then the Judiciary.
By Delegate Angelucci:
H. B. 4874 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-2-12a, relating to eliminating the statute of limitations for claims arising from certain sex related injuries”; to the Committee on the Judiciary.
By Delegate S. Brown:
H. B. 4875 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-7g; and to amend said code by adding thereto a new section, designated, §33-25A-8u, all relating to requiring certain insurance providers to enter into provider service agreements with a health care provider that meets certain criteria”; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Shott and Ellington:
H. B. 4876 - “A Bill to amend and reenact §18B-1-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18B-2A-4 of said code, all relating to updating the definition of ‘exempt schools’ to include institutions making such an election and updates the provisions on higher education accountability to exclude institutions making such an election”; to the Committee on Education.
By Delegates Hornbuckle, Lovejoy, Worrell, Mandt, Linville, Maynard, R. Thompson, Hicks, Miller, Rohrbach and Anderson:
H. B. 4877 - “A Bill to amend and reenact §2-2-1a of the Code of West Virginia, 1931, as amended, relating to declaring November 14 every year, a special Memorial Day in remembrance of the Marshall University airplane crash”; to the Committee on Government Organization.
By Delegates Hornbuckle, Lavender-Bowe, Rowe and Robinson:
H. B. 4878 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-3E-1, §16-3E-2, §16-3E-3, §16-3E-4, and §16-3E-5, all relating to creating a policy on vaccine preventable diseases; requiring health care facilities to develop and implement a policy to protect its patients from vaccine preventable diseases; setting forth what a policy must contain; providing exceptions; establishing a disaster exemption; providing for penalties; defining terms; and requiring rule-making”; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Hornbuckle, Pushkin, Miller, Rohrbach and Zukoff:
H. B. 4879 - “A Bill to amend and reenact §18-2-25 and §18-2-25a of the Code of West Virginia, 1931, as amended, relating to granting jurisdiction to supervise youth sport league athletic events to county boards of education and the West Virginia Secondary School Activities Commission; requiring schools and youth sport leagues to implement certain safety measures during athletic events; authorizing fines; and requiring rulemaking”; to the Committee on Education then the Judiciary.
By Delegate Graves:
H. B. 4880 - “A Bill to amend and reenact §7-1-14 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto two new sections, designated §7-10-1a and §7-10-6; to amend and reenact §7-10-2 and §7-10-4 of said code; to amend said code by adding thereto two new sections, designated §19-20-12a and §19-20-27; to amend and reenact §19-20-22 and §19-20-26; to amend and reenact §61-8-19 of said code; and to amend said code by adding thereto two new sections, designated §61-8-19d and §61-8-19e, all relating generally to providing increased protections for the welfare of domestic animals; requiring facilities for the care of stray, abandoned, and surrendered animals and providing for access by the public; defining terms; updating the duties of humane officers; specifying standards for the operation of animal shelters; requiring inspections; establishing sanctions for violation of the standards of operation; defining an owner’s duty of care for companion animals; requiring an owner to confine unspayed female dogs in estrus; requiring dog breeders to provide written disclosures to purchasers; specifying minimum levels of care to be provided by dog breeders; defining when a dog is unfit for sale by a dog breeder and providing remedies therefor; increasing the penalty for a second offence of cruelty to animals; defining the criminal offenses of unlawful confinement of domestic animals and hoarding of animals; establishing criminal penalties; and providing for mental health treatment in certain circumstances involving hoarding of animals”; to the Committee on the Judiciary.
By Delegate Campbell:
H. B. 4881 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-4C-6d, relating to permitting individuals who have certain qualifications to operate as tactical emergency medicine providers; permitting tactical emergency medicine providers to practice emergency medicine; and requiring rule-making”; to the Committee on Health and Human Resources.
By Delegates Espinosa, Barrett, Cowles, Hardy, Sponaugle, Williams and Householder:
H. B. 4882 - “A Bill to amend and reenact §60-8-3 of the Code of West Virginia, 1931, as amended, relating to unlicensed wineries not currently licensed or located in West Virginia temporarily authorizing limited sampling and temporarily authorizing the limited sale of wine for off-premises consumption at certain fairs and festivals and at certain one-day special licensed nonprofit events in a very limited capacity, per event, per year, in hopes that such wineries would eventually obtain a permanent winery or farm winery license in West Virginia”; to the Committee on Government Organization.
By Delegate Campbell:
H. B. 4883 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §62-1-5b, relating to criminal procedure; body search procedure; and providing for a felony offense for failure to disclose possession of hypodermic needles”; to the Committee on the Judiciary.
By Delegates Hanshaw (Mr. Speaker) and Miley:
H. B. 4884 - “A Bill to amend and reenact §29-12-5 of the Code of West Virginia, 1931, as amended, relating to a charitable or public service organization must submit a certifying statement attesting to its status as a charitable or public service organization”; to the Committee on Government Organization.
By Delegates Storch, Campbell, Lavender-Bowe, Hornbuckle, S. Brown, Walker, Skaff, Rowan, Sypolt, Fleischauer and Kump:
H. B. 4885 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-11-9b, relating to the ‘Katherine Johnson and Dorothy Vaughan Fair Pay Act’; honoring Katherine Johnson and Dorothy Vaughan; making it unlawful for an employer to require, as a condition of employment, that an employee refrain from disclosing information about his or her wages, benefits, or other compensation or sharing information about another employee’s wages, benefits, or other compensation; making it unlawful for an employer to prohibit or retaliate against an employee for disclosing his or her own wages or discussing or inquiring about other employees’ wages; and limiting employers’ inquiry into applicants’ wage and salary history”; to the Committee on the Judiciary.
By Delegates Hanshaw (Mr. Speaker) and Miley:
H. B. 4886 - “A Bill to amend and reenact §17C-17A-3 of the Code of West Virginia, 1931, as amended, relating to requiring the Public Service Commission and the Division of Highways to submit reports to the Commercial Motor Vehicle Weight and Safety Enforcement Advisory Committee and to the Joint Committee on Government and Finance concerning activity on the Coal Resource Transportation Road System”; to the Committee on Government Organization.
By Delegates Hanshaw (Mr. Speaker) and Miley:
H. B. 4887 - “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”; to the Committee on Government Organization.
By Delegate Hamrick:
H. B. 4888 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-38-1, §19-38-2, §19-38-3, §19-38-4, §19-38-5, §19-38-6, §19-38-7, §19-38-8, §19-38-9, §19-38-10, and §19-38-11, all relating to enacting the Food Freedom Act; permitting the sale of homemade foods if certain conditions are met; setting forth purposes; making legislative findings; defining terms; providing exemptions; permitting investigations and consultations; preempting local laws; allowing for construction; and setting an effective date”; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Hornbuckle, Lovejoy, Fluharty, Doyle, Byrd and Hansen:
H. B. 4889 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-18-1, relating to collecting a tax from all manufacturers and distributors selling opium and opiate drugs and their derivatives and substances included as schedule II drugs in this state for funding drug addiction and prevention programs”; to the Committee on Health and Human Resources then Finance.
By Delegates Pack and Campbell:
H. B. 4890 - “A Bill to amend the Code of West Virginia, 1931, by adding thereto a new section designated §18-2-43, relating to the removal of standardized testing in public schools; providing for legislative findings; providing for a definition of standardized testing; providing for common standardized assessments used in this state; providing for removal of standardized testing with certain exceptions; providing for funding used for standardized testing be used for college-level readiness tests, such as the ACT and the SAT; and providing for an effective date”; to the Committee on Education.
By Delegate Capito:
H. B. 4891 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section designated §11-21-10b, relating to establishing a tax credit against West Virginia personal income tax liability tax credit for student loan payments on interest; providing for definitions; establishing the tax credit; providing for the tax credit to be claimed by the taxpayer the year of graduation; providing the tax credit may be claimed for nine tax years after graduation; providing that any year the tax credit is not claimed is forfeited; establishing certain conditions for the taxpayer to claim the credit; and permitting the Tax Commissioner to require forms, filings or other such methods to claim the tax credit”; to the Committee on Finance.
By Delegates Linville and Householder:
H. B. 4892 - “A Bill to amend and reenact §11-21-4e of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §11B-2-33, all relating to reducing personal income tax rates when personal income tax reduction fund is funded at a certain threshold, and further reducing those rates when that threshold is reached again; establishing personal income tax reduction fund and providing for deposits into personal income tax reduction fund; specifying rate reductions; providing for deposits from personal income tax reduction fund into general revenue fund; and imposing duties on the State Tax Commissioner and other state agencies officers”; to the Committee on Finance.
By Delegate Campbell:
H. B. 4893 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-3E-1, §15-3E-2, §15-3E-3, §15-3E-4, and §15-3E-5, all relating to establishing a Special Needs Registry; providing a short title; stating findings and declarations; establishing a Special Needs Registry program for emergency management agencies to better assist persons with physical, mental and cognitive impairments, or sensory disabilities; authorizing promulgation of rules; affirming the confidentiality of information and providing penalties for improper use of information; and providing immunity from civil or criminal liability”; to the Committee on Fire Departments and Emergency Medical Services then the Judiciary.
By Delegates Storch and Doyle:
H. B. 4894 - “A Bill to amend and reenact §5-11-9 of the Code of West Virginia, 1931, as amended, relating to the ‘Pay Transparency Act of 2020’; making it unlawful for an employer to require, as a condition of employment, that an employee refrain from disclosing information about his or her wages, benefits, or other compensation or sharing information about another employee’s wages, benefits, or other compensation; making it unlawful for an employer to prohibit employees from disclosing information about his or her wages, benefits, or other compensation or sharing information about another employee’s wages, benefits, or other compensation”; to the Committee on Industry and Labor then the Judiciary.
By Delegates S. Brown and Doyle:
H. B. 4895 - “A Bill amend and reenact §3-7-6 and §3-7-7 of the Code of West Virginia, 1931, as amended, all relating to the contests of county, district, and municipal elections, establishing jurisdiction for said election contests with the circuit courts; setting forth procedures for election contests; establishing three-judge circuit courts as initial tribunals for hearing election contest proceedings; providing for appeals of such proceedings to the Supreme Court of Appeals; and establishing the authority of the Supreme Court of Appeals to establish rules and procedures for the conduct of county, district, and municipal election contest proceedings before the courts of the state”; to the Committee on the Judiciary.
By Delegate Mandt:
H. B. 4896 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-59-1 and §16-59-2, all relating to oversight of syringe exchange programs by the Department of Health and Human Resources; providing syringe exchange program requirements for operation; requiring the Department of Health and Human Resources to incorporate operational requirements into grant agreements; providing for rulemaking; and providing for civil penalties and other remedies at law”; to the Committee on Prevention and Treatment of Substance Abuse then Health and Human Resources.
By Delegate S. Brown:
H. B. 4897 - “A Bill to amend and reenact the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §49-2-125a, relating to the establishment of a Child Care Access Work Group; making legislative findings; establishing the work group within the Department of Health and Human Resources; defining membership; specifying duties; requiring the submission of a report; providing for administration, support, and reimbursement of members; and providing for automatic termination of the group”; to the Committee on Health and Human Resources then Finance.
By Delegate C. Thompson:
H. B. 4898 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-29-1, §11-29-2, §11-29-3, §11-29-4, §11-29-5, §11-29-6, §11-29-7 and §11-29-8, all relating to imposing a general data mining service tax on commercial data operators; making legislative findings; establishing a valuation method; establishing the rate of tax; requiring the proceeds be deposited into the Public Employees Insurance Agency Financial Stability Fund; requiring rule-making; and defining terms”; to the Committee on the Judiciary then Finance.
By Delegate Espinosa:
H. B. 4899 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-3-5g, relating to prohibiting the use of class B fire-fighting foam for testing purposes if the foam contains a certain class of fluorinated organic chemicals; providing definitions; and providing exceptions”; to the Committee on Fire Departments and Emergency Medical Services then the Judiciary.
By Delegate S. Brown:
H. B. 4900 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-17-1, §21-17-2, §21-17-3, §21-17-4, §21-17-5, §21-17-6, §21-17-7, §21-17-8, §21-17-9 and §21-17-10, all relating to enacting fair workweek employment standards; requiring certain retail, hospitality, and food services establishments, and property services companies to meet certain employment standards; requiring advance notice of work schedules and compensation for changed work schedules; providing a right to rest between work shifts; requiring offer of work to existing employees; providing protections for the exercise of rights; prohibiting retaliation; and including provisions for rules, certain notice requirements, required employer records, and enforcement, including criminal penalties”; to the Committee on Industry and Labor then the Judiciary.
By Delegate Hornbuckle:
H. B. 4901 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18B-20-1, §18B-20-2, §18B-20-3, and §18B-20-4, all relating to creating the Mountaineer Games Sports League; establishing findings; establishing board of directors; creating duties and objectives for the board; establishing league affiliates; and creating structure for the divisions; creating the Mountaineer Games Governor’s Cup”; to the Committee on Health and Human Resources then Government Organization.
By Delegate S. Brown:
H. B. 4902 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-4-5b, relating to requiring state institutions of higher education and community and technical colleges to adopt policies and programs relating to sexual assault, domestic violence, dating violence, and stalking involving students”; to the Committee on Education then the Judiciary.
By Delegate S. Brown:
H. B. 4903 - “A Bill to amend and reenact §15A-4-13 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §28-5C-3; and to amend and reenact §49-2-906 of said code, all relating to requiring that free feminine hygiene products be provided to female prisoners in jails, regional jails or state correctional facilities and female juveniles in juvenile detention”; to the Committee on the Judiciary then Finance.
By Delegate S. Brown:
H. B. 4904 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-29-1, §11-29-2, §11-29-3, §11-29-4, §11-29-5, and §11-29-6, all relating to creating the Taxpayer Protection Act; providing definitions; when a recipient corporation is subject to subsidy recapture or rescission; enforcement actions; providing that enforcement records are public records; and providing for severability”; to the Committee on Small Business, Entrepreneurship and Economic Development then Finance.
By Delegate S. Brown:
H. B. 4905 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §29-6A-1, §29-6A-2, §29-6A-3, §29-6A-4 and §29-6A-5, all relating to enacting the Ban-the-Box Act, prohibiting public employers from asking applicants for employment to disclose information concerning the applicant’s criminal record or history, under certain circumstances”; to the Committee on the Judiciary.
By Delegate S. Brown:
H. B. 4906 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §9A-5-1, relating to granting Purple Heart recipients, their spouses or unmarried widows, children and grandchildren a 100 percent tuition waiver to attend any West Virginia state college, university, community and technical college, education institution, vocational school and approved apprenticeship program; and providing that the waiver funds may be used for other expenses if certain conditions are met”; to the Committee on Veterans’ Affairs and Homeland Security then Finance.
By Delegate S. Brown:
H. B. 4907 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §9A-5-1, relating to granting members of a Gold Star Family a 100 percent tuition waiver to attend any West Virginia state college, university, community and technical college, education institution, vocational school and approved apprenticeship program; and providing that the waiver funds may be used for other expenses if certain conditions are met”; to the Committee on Veterans’ Affairs and Homeland Security then Finance.
By Delegate S. Brown:
H. B. 4908 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §9A-5-1, relating to granting veterans, and spouses and children of a veteran with documented wartime service a 75 percent tuition waiver to attend any West Virginia state college, university, community and technical college, education institution, vocational school and approved apprenticeship program; and providing that the waiver funds may be used for other expenses if certain conditions are met”; to the Committee on Veterans’ Affairs and Homeland Security then Finance.
By Delegate Hornbuckle:
H. B. 4909 - “A Bill to amend and reenact §21-3-11 of the Code of West Virginia, 1931, as amended, relating to requiring seats to be provided for employees”; to the Committee on Industry and Labor then the Judiciary.
By Delegate S. Brown:
H. B. 4910 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §9A-5-1, relating to granting veterans, spouses and children of a verified veteran with an honorable, medical or other honorable condition discharge a 50 percent tuition waiver to attend any West Virginia state college, university, community and technical college, education institution, vocational school or approved apprenticeship program; and providing that the waiver funds may be used for other expenses if certain conditions are met”; to the Committee on Veterans’ Affairs and Homeland Security then Finance.
By Delegate S. Brown:
H. B. 4911 - “A Bill to amend and reenact §5A-10-3a of the Code of West Virginia, 1931, as amended, relating to regulation of parking on state-owned parking at or near the State Capitol; and providing that military veterans or gold star family members may not be charged fees at or near the State Capitol or fined for not paying fees for parking at meters on state-owned property”; to the Committee on Veterans’ Affairs and Homeland Security then Finance.
By Delegate S. Brown:
H. B. 4912 - “A Bill to amend and reenact §15-1G-1, §15-1G-2, §15-1G-4, §15-1G-8, §15-1G-9 and §15-1G-10 of the Code of West Virginia, 1931, as amended, all relating to West Virginia service medals; providing for the award of the West Virginia distinguished service medal to recipients of the Purple Heart; and providing that there is full funding for the manufacture of the medals and awards approved by this article, together with the requirement that these service medals and awards are presented in an appropriate manner”; to the Committee on Veterans’ Affairs and Homeland Security.
By Delegate S. Brown:
H. B. 4913 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §62-11A-1b, relating to providing a procedure for modification of a prison sentence when a person has served at least 10 years of a sentence”; to the Committee on the Judiciary.
By Delegate Caputo:
H. B. 4914 - “A Bill to amend and reenact §18A-4-2 of the Code of West Virginia, 1931, as amended, relating to providing pay raises to public school teachers”; to the Committee on Education then Finance.
By Delegate Wilson:
H. B. 4915 - “A Bill to amend and reenact §6B-2-4 of the Code of West Virginia, 1931, as amended, relating to increasing the period for which violations may be considered from one year before the filing of a complaint to 10 years”; to the Committee on the Judiciary.
By Delegate S. Brown:
H. B. 4916 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section designated §15A-4-13a, relating to charges assessed against inmates for services; providing that services includes reading books online, making or receiving video calls, sending or receiving emails, making or receiving phone calls, or accessing news or other permissible media; and permitting the commissioner to assess a fee under certain conditions”; to the Committee on the Judiciary.
By Delegate Caputo:
H. B. 4917 - “A Bill to amend and reenact §18-5-22 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-9A-8 of said code, all relating to requirements for employment of nurses in public schools; changing student to school nurse staffing ratios; expanding its coverage to all grades; and elimination of the county’s ability to obtain contract services for nursing and mandate that every school must have at least one nurse”; to the Committee on Education then Finance.
By Delegate Miller:
H. B. 4918 - “A Bill to amend and reenact §59-1-11 of the Code of West Virginia, 1931, as amended, relating to permitting the clerk of a circuit court to charge and collect a fee to search electronic records that requires special programming; permitting the clerk of a circuit court to charge and collect a fee to search records off-site; and requiring the fees be deposited in the Courthouse Facilities Improvement Fund”; to the Committee on the Judiciary then Finance.
By Delegate Miller:
H. B. 4919 - “A Bill to amend and reenact §38-3-4 of the Code of West Virginia, 1931, as amended, relating to abstracts of judgments; requiring certain identifying information of the judgment debtor”; to the Committee on the Judiciary.
By Delegate Storch:
H. B. 4920 - “A Bill to amend and reenact §16-1-6 of the Code of West Virginia, 1931, as amended, relating to powers and duties of the Commissioner of the Bureau for Public Health; and to require the commissioner to create a pilot program to provide reimbursement for dental care for adults at free and charitable clinics”; to the Committee on Health and Human Resources then Finance.
By Delegates Fluharty and Hornbuckle:
H. B. 4921 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-1-12, relating to authorizing student athletes to be compensated for use of their name, image or likeness; prohibiting state institutions of higher educations from preventing a student athlete from use of the student’s name, image or likeness when the student is not engaged in official team activities; prohibiting athletic associations or other similar groups from preventing student athlete earning compensation for use of his or her name, image or likeness; prohibiting athletic associations or other similar groups from preventing a state institution of higher education from allowing a student athlete earning compensation from the use of his or her name, image or likeness; allowing the student athlete to obtain approved professional representation; and requiring the student athlete to disclose certain information to the state institution of higher education”; to the Committee on Education then the Judiciary.
By Delegates Storch, Westfall, Queen, D. Kelly, Phillips and Worrell:
H. B. 4922 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §31-18F-1, §31-18F-2, §31-18F-3, §31-18F-4, §31-18F-5, §31-18F-6, §31-18F-7, §31-18F-8, §31-18F-9, and §31-18F-10, all relating to creating the ‘First Time Home Buyer Savings Account Act’; providing definitions; creating first time home buyer savings account; providing for subtractions from federal taxable income; providing limits applicable to subtraction from federal taxable income; penalties for withdrawal of funds; requiring financial institution to provide account holder information certificate; requiring Tax Commissioner to propose rules to implement this act; and stating years to which this act applies”; to the Committee on Finance.
By Delegates Caputo, Robinson, Fluharty, Evans, Cooper, Campbell, Hornbuckle, Pack, Pethtel, Sponaugle and Swartzmiller:
H. B. 4923 - “A Bill to amend and reenact §18-5-18b of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-9A-8 of said code, all relating to professional counselor/student ratios; establishing a ratio of one counselor for every 250 students; and requiring that every public school in the state have at least one professional counselor”; to the Committee on Education then Finance.
By Delegate Kessinger:
H. B. 4924 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2P-1, §16-2P-2, §16-2P-3, §16-2P-4, §16-2P-5, §16-2P-6, §16-2P-7, §16-2P-8, §16-2P-9, §16-2P-10, §16-2P-11, §16-2P-12, and §16-2P-13, all relating to enacting the Women’s Health Protection Act; making findings; defining terms; establishing criminal and civil penalties; establishing licensing requirements for abortion clinics; providing for severability; requiring rule-making; and establishing an effective date”; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Kessinger and Hornbuckle:
H. B. 4925 - “A Bill to amend and reenact §18-28-4 of the Code of West Virginia, 1931, as amended, relating to requiring the West Virginia Secondary Schools Athletic Commission to recognize private, parochial, or church schools or schools of a religious order or other nonpublic schools that meet the requirements of the West Virginia Secondary Schools Athletic Commission for nonparticipating school or team members”; to the Committee on Education.
By Delegate Kessinger:
H. B. 4926 - “A Bill to establish the emergency service authority for Fayette County; to provide such authority with power to plan and coordinate all emergency operations for Fayette County; to provide of appointment and compensation of members of the authority; and to provide for the support, maintenance, and operation of those emergency services”; to the Committee on Fire Departments and Emergency Medical Services then Finance.
By Delegate Linville:
H. B. 4927 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-2A-9; and to amend and reenact §18B-4-2 of said code, all relating to transferring the West Virginia Network for Educational Telecomputing and all its property and personnel to the Board of Governors for Marshall University; and requiring it to be administered jointly by the board of governors and the state’s Chief Technology Officer”; to the Committee on Technology and Infrastructure then Education.
By Delegate Lavender-Bowe:
H. B. 4928 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-15F-1, §33-15F-2, §33-15F-3, §33-15F-4, §33-15F-5, §33-15F-6, and §33-15F-7, all relating to requiring medical insurance providers to include infertility services in their policies; making findings; providing for determination of infertility; providing prohibited and permissible limitations on coverage; requiring rule-making; establishing an effective date; providing for severability; and defining terms”; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Shott:
H. B. 4929 - “A Bill to amend and reenact §44-3A-24 of the Code of West Virginia, 1931, as amended, relating to the administrative closing of stale or unprogressed estates”; to the Committee on the Judiciary.
By Delegate Pyles:
H. B. 4930 - “A Bill to amend and reenact §5-10-15 of the Code of West Virginia, 1931, as amended, relating to permitting a West Virginia public employee who first becomes an employee of a participating public employer on or after July 1, 2015, and who has received an honorable discharge, a general discharge under honorable conditions or a medical discharge from the armed forces of the United States, to purchase up to 60 months of military service credit for retirement purposes”; to the Committee on Pensions and Retirement then Finance.
By Delegates Angelucci and Longstreth:
H. B. 4931 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-10b, relating to providing a tax credit for families who have foster children in their care”; to the Committee on Finance.
By Delegates Angelucci and S. Brown:
H. B. 4932 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §4-1-24; and to amend said code by adding thereto a new section, designated §5-4-3, all relating to requiring the random drug testing of legislators and members of the Board of Public Works; requiring public disclosure of results or nonparticipation under certain circumstances; and generally requiring confidentiality”; to the Committee on the Judiciary.
By Delegate Shott:
H. B. 4933 - “A Bill to amend and reenact §44D-1-103, §44D-1-105, §44D-1-108, §44D-6-602, §44D-7-703 and §44D-8-808 of the Code of West Viirginia,1931, as amended; and to amend said code by adding thereto 17 new sections, designated §44D-8A-801, §44D-8A-802, §44D-8A-803, §44D-8A-804, §44D-8A-805, §44D-8A-806, §44D-8A-807, §44D-8A-808, §44D-8A-809, §44D-8A-810, §44D-8A-811, §44D-8A-812, §44D-8A-813, §44D-8A-814, §44D-8A-815, §44D-8A-816, and §44D-8A-817, all relating to the administration of trusts; definitions; default and mandatory rules; principal place of administration; grantor’s powers and powers of withdrawal; cotrustees; and powers to direct; and enacting the West Virginia Uniform Directed Trust Act which specifies how trust directors can act concerning trusts in this state”; to the Committee on the Judiciary.
By Delegates Hanna and Porterfield:
H. B. 4934 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §30-1F-1 and §30-1F-2, all relating to creation of the unlicensed practice review board; providing requirements for membership on the board; providing that licensing boards shall submit complaints they receive to the board; requiring the board to conduct hearings to determine if probable cause exists to take action; providing for alternative actions the board may take in making various determinations; and, establishing the board’s authority and scope”; to the Committee on Government Organization.
By Delegates Angelucci, Diserio, Walker, Lavender-Bowe, Estep-Burton, Longstreth and S. Brown:
H. B. 4935 - “A Bill to amend the Code of West Virginia,1931, as amended, by adding thereto a new section, designated §17-2A-6b relating to requiring the Commissioner of Highways to develop and make publicly available a searchable website with detailed information about current and planned Division of Highways projects”; to the Committee on Technology and Infrastructure then Government Organization.
By Delegates Foster, Porterfield and Waxman:
H. B. 4936 - “A Bill to repeal §30-19-2, §30-19-3, §30-19-4, §30-19-5, §30-19-6, §30-19-7, §30-19-8, §30-19-9, §30-19-10, §30-19-11, §30-19-12, §30-19-13, §30-19-14, §30-19-15, §30-19-16 and §30-19-17 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §19-1A-7; and to amend and reenact §30-19-1 of said code, all relating to terminating the State Board of Registration of Foresters; providing deadlines to wind up activities of the board; transferring the assets and records of the board to the Division of Forestry; creating a special fund; authorizing rule-making; and providing for the transfer and disposition of board assets and funds”; to the Committee on Government Organization.
By Delegate Angelucci:
H. B. 4937 - “A Bill to amend and reenact §18-8-1 of the Code of West Virginia, 1931, as amended, relating to home school students; requiring an affidavit by the person or persons to be filed annually with the county superintendent an affirmation that all adult family members living in the home are the parents or legal guardians of the child or children, that the person, or person providing home instruction, have not committed child abuse or other crimes; providing that the person, or persons providing home instruction, are required to report any suspected child abuse to the county superintendent; and that academic assessments of home school students be submitted annually by their parent or guardian”; to the Committee on Education.
By Delegate Caputo:
H. B. 4938 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-6-29, relating to allowing state employees to take paid leave to attend parent-teacher conferences for their children”; to the Committee on Government Organization.
By Delegate Boggs:
H. B. 4939 - “A Bill to amend and reenact §18B-10-7a of the Code of West Virginia, 1931, as amended, relating to senior citizens attending college classes at state institutions without receiving college credit; reducing the fee for seniors to attend classes without college credit; and changing the age for being deemed a senior citizen”; to the Committee on Education then Finance.
By Delegate Pack:
H. B. 4940 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-10b, relating to providing a tax credit for families who have foster children in their care”; to the Committee on Health and Human Resources then Finance.
By Delegates Angelucci, Longstreth, Lavender-Bowe, Walker, Staggers and S. Brown:
H. B. 4941 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-10b, relating to providing a credit against personal income tax for classroom teachers for nonreimbursed costs of supplies; and setting a maximum credit of $1,000”; to the Committee on Education then Finance.
By Delegates Angelucci, Campbell, Lavender-Bowe, Longstreth, Zukoff and Staggers:
H. B. 4942 - “A Bill to amend and reenact §18-5-45 of the Code of West Virginia, 1931, as amended, relating to establishing that the educational instructional term for students shall begin no earlier than Labor Day”; to the Committee on Education.
By Delegates Hamrick, Longstreth, Angelucci, McGeehan and Queen:
H. B. 4943 - “A Bill to amend the Code of West Virginia,1931, as amended, by adding thereto a new section, designated §18B-1-1f; to amend and reenact §18B-1-2 of said code; and to amend and reenact §18B-1B-6 of said code; all relating to public higher education governance by establishing matrix necessary for an institution of higher education to become exempt from the Higher Education Policy Commission, and identifying Fairmont State University, Shepherd University, and West Liberty University as exempted schools based on the matrix criteria”; to the Committee on Education.
By Delegate Rowe:
H. B. 4944 - “A Bill to amend and reenact the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §44A-6-1, §44A-6-2, §44A-6-3, §44A-6-4, and §44A-6-5; and amending and reenacting §51-2A-2 of said code, all relating to establishing a procedure to name a kinship legal guardian; defining terms; establishing eligibility to file a petition; describing required contents for a petition; bestowing family court jurisdiction; setting fee; providing for review of petition without hearing and entry of an order of approval; and describing the scope and effect of an order of approval”; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Wilson:
H. B. 4945 - “A Bill to amend and reenact §62-14-3 of the Code of West Virginia, 1931, as amended, relating to creating a criminal penalty for an agent or sworn officer who refuses or fails to enforce, or who interferes with the enforcement of, the Compact Agreement on Detainers in immigration cases”; to the Committee on the Judiciary.
By Delegates Angelucci, Longstreth and Caputo:
H. B. 4946 - “A Bill to amend and reenact §8-14-15 of the Code of West Virginia, 1931, as amended, relating to eliminating the requirement that municipal police civil service commissions certify a list of three individuals for every position vacancy in a municipal police department not filled by promotion, reinstatement or reduction”; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Angelucci, Campbell, Longstreth and S. Brown:
H. B. 4947 - “A Bill to repeal §17A-10-3c of the Code of West Virginia, 1931, as amended, relating to additional registration fees for alternative fuel vehicles”; to the Committee on Technology and Infrastructure then Finance.
By Delegates Angelucci, Lavender-Bowe, Longstreth, Walker and S. Brown:
H. B. 4948 - “A Bill to amend and reenact §5-11-2, §5-11-3, §5-11-4, §5-11-8, §5-11-9, and §5-11-13 of the Code of West Virginia, 1931, as amended; and to amend and reenact §5-11A-3, §5-11A-5, §5-11A-6, and §5-11A-7 of said code, all relating to unlawful discriminatory practices in categories covered by the Human Rights Act and the Fair Housing Act; prohibiting discrimination based upon age and sexual orientation, or gender identity; and defining ‘sexual orientation’ and ‘gender identity’”; to the Committee on Industry and Labor then the Judiciary.
By Delegates Porterfield, Hanna and Hamrick:
H. B. 4949 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated as §29-30-1, §29-30-2, §29-30-3, §29-30-4, §29-30-5, §29-30-6, §29-30-7, §29-30-8, §29-30-9 and §29-30-10, all relating to creating the Occupational Board Reform Act; creating the Office of Supervision of Occupational Boards; providing the Attorney General’s Consumer Protection Division with the authority to establish the office; establishing the office’s responsibilities; giving the office the authority to actively supervise state occupational boards; authorizing the office to play a substantial role in the development of an occupational board’s rules and policies, including the approval and disapproval of proposed rules or policies in certain instances; providing for review and oversight by the Attorney General; requiring the Speaker of the House of Delegates and the President of the Senate to establish a position in the nonpartisan research staff to analyze occupational rules; providing for the Legislature’s analysis of occupational rules; providing a short title; establishing its policy; providing for avoidance of liability under federal anti-trust laws; defining terms; providing for statutory interpretation; providing for petitions for review of criminal history; providing for preemption; and providing an effective date”; to the Committee on Government Organization.
By Delegates Angelucci, Lavender-Bowe, Longstreth, Walker and S. Brown:
H. B. 4950 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-18d, relating to requiring county boards of education to provide one social worker for each 1000 students”; to the Committee on Education then Finance.
By Delegates Angelucci, Diserio, Walker, Lavender-Bowe and Estep-Burton:
H. B. 4951 - “A Bill to amend and reenact §3-8-5c and §3-8-8 of the Code of West Virginia, 1931, as amended, all relating to limiting individual contributions to a political candidate to $1,000; and prohibiting all contributions to a corporation’s political action committee”; to the Committee on the Judiciary.
By Delegates Angelucci, Pyles, S. Brown, Walker and Staggers:
H. B. 4952 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-24a, relating to granting tax credits for employees of the West Virginia Department of Health and Human Resources Child Protective Services; and providing rule-making authority”; to the Committee on Health and Human Resources then Finance.
By Delegate Hanshaw (Mr. Speaker):
H. B. 4953 - “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 §24-2-1, §24-2-4a, and §24-2-11 of said code; and to amend said code by adding thereto a new article, designated §24-2H-1, §24-2H-2, §24-2H-3, §24-2H-4, §24-2H-5, §24-2H-6, §24-2H-7, §24-2H-8, and §24-2H-9; and to amend and reenact §31-15A-9 of said code, all relating to authorizing the Public Service Commission to protect the consumers of distressed and failing water and wastewater utilities by ordering various corrective measures up to and including acquisition of a failing utility by a capable water or wastewater utility all relating to clarifying Public Service Commission jurisdiction over water and sewer utilities owned by political subdivisions; 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 public service districts and municipalities; cleaning up language regarding reference to other sections of the code regarding notice requirements for municipal utilities; and regarding the time period pertaining to the filing of appeals and the resolution of the appeals for rate and construction projects decided by county commissions; adding language to allow the commission to order the acquisition of failing water and wastewater utilities; and allowing water and/or wastewater utilities access to public funds at below market rates and grants to repair, replace and improve acquired failing utilities”; to the Committee on the Judiciary then Finance.
By Delegate Barnhart:
H. B. 4954 - “A Bill to amend and reenact §17A-1-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §17B-1-1 of said code; to amend and reenact §17C-1-3 and §17C-1-5a of said code; to amend said code by adding thereto a new section, designated §17C-1-70; and to amend and reenact §17C-11-1 and §17C-11-2 of said code, all relating to electric bicycles; defining electric bicycles and classes thereof; amending the definitions of motor vehicle, motorcycle and moped; providing that electric bicycles are subject to traffic laws to the same extent as bicycles; making operators of electric bicycles subject to the same special laws regarding bicycles; and prohibiting anyone under the age of 16 from operating class 3 electric bicycles on public roads”; to the Committee on Technology and Infrastructure then the Judiciary.
Special Calendar
Third Reading
Com. Sub. for S. B. 46, Defining “pepper spray” and exempting from definition of “deadly weapons”; 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. 135), 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: Estep-Burton and Linville.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 46) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 364, Authorizing Department of Transportation 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. 136), and there were—yeas 96, nays 2, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Paynter and Steele.
Absent and Not Voting: Estep-Burton and Linville.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 364) passed.
Delegate Summers moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 137), and there were—yeas 96, nays 2, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Paynter and Steele.
Absent and Not Voting: Estep-Burton and Linville.
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. 364) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for S. B. 470, Relating to use of crossbow to hunt; 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. 138), and there were—yeas 95, nays 3, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Hardy, Pack and Paynter.
Absent and Not Voting: Estep-Burton and Linville.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 470) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 487, Providing exception that all DNR payments be deposited within 24 hours; 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. 139), 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: Estep-Burton and Linville.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 487) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 500, Relating to Class Y special crossbow hunting permit; 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. 140), 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: Estep-Burton and Linville.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 500) 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. 501, Adding protection, operation of North Bend Rail Trail, Greenbrier River Trail, and Elk River Trail to Parks and Recreation Section of DNR; 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. 141), and there were—yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Worrell.
Absent and Not Voting: Estep-Burton and Linville.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 501) 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. 4069, West Virginia Student Religious Liberties Act; on third reading, coming up in regular order, with an amendment pending, was reported by the Clerk.
The bill was advanced to third reading on yesterday with an amendment offered by Delegate Pushkin pending, as follows:
On page two, section three, line three, following the word “work”, by striking out the period and inserting in lieu thereof a colon and the following proviso:
“Provided, That a student may express disagreement and offer opposing views regarding any issue based on religious beliefs, but may not be awarded class credit for answering an assignment or test question if it conflicts with course content, whether or not the course content is factual, or if it is consistent with the student’s religious beliefs.”
Delegate Pushkin asked unanimous consent to reform the amendment, which consent was not granted, objection being heard.
Delegate Pushkin then moved to reform the pending amendment and, subsequently, withdrew the motion.
Delegate Pushkin then moved to amend the pending amendment by striking out the proviso and inserting in lieu thereof the following:
“Provided, That a student may express disagreement and offer opposing views regarding any issue based on religious beliefs, but may not be excused from answering a test question or other assignment correctly because the answer to that question that was provided in course content is counter to the religious beliefs of the student.”
On the adoption of the amendment to the amendment, the yeas and nays were demanded, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 142), and there were—yeas 59, nays 39, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Azinger, Barnhart, Bartlett, Bibby, N. Brown, Butler, Cadle, Cooper, Criss, Dean, Fast, Foster, Hamrick, Hardy, Hill, Hott, Householder, Howell, D. Jeffries, J. Jeffries, Jennings, D. Kelly, J. Kelly, Kessinger, Kump, Little, Mandt, C. Martin, P. Martin, Maynard, Paynter, Phillips, Porterfield, Rowan, Steele, Toney, Waxman, Wilson and Worrell.
Absent and Not Voting: Estep-Burton and Linville.
So, a majority of the members present and voting having voted in the affirmative, the amendment to the amendment was adopted.
The question now being adoption of the amendment, as amended, the yeas and nays were demanded, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 143), and there were—yeas 68, nays 30, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Azinger, Barnhart, Bartlett, Bibby, Butler, Cadle, Cooper, Dean, Fast, Foster, Hardy, Hott, Householder, Howell, D. Jeffries, J. Jeffries, Jennings, Kump, Mandt, C. Martin, P. Martin, Maynard, Paynter, Phillips, Porterfield, Steele, Toney, Waxman, Wilson and Worrell.
Absent and Not Voting: Estep-Burton and Linville.
So, a majority of the members present and voting having voted in the affirmative, the amendment was adopted.
Having been engrossed, the bill read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 144), and there were—yeas 76, nays 22, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Bates, S. Brown, Byrd, Capito, Diserio, Doyle, Espinosa, Fleischauer, Fluharty, Hansen, Hartman, Hornbuckle, Miley, Nelson, Pushkin, Pyles, Rowe, Storch, C. Thompson, Walker, Westfall and Williams.
Absent and Not Voting: Estep-Burton and Linville.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4069) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading
Com. Sub. for S. B. 35, Limiting civil penalty for littering conviction to $2,000; on second reading, coming up in regular order, was read a second time.
On motion of Delegates Pethtel and Shott, the bill was amended on page four, subsection (c), subdivision (1), line eighty-five, after the words “penalty of”, by striking out the words, “up to $2,000”, and inserting the words “not less than $200 nor more than $2,000”.
The bill was then ordered to third reading.
S. B. 321, Relating to collection of tax and priority of distribution of estate or property in receivership; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 449, Authorizing Department of Commerce promulgate legislative rules; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 532, Distributing assets remaining in municipal policemen’s or firemen’s pension and relief fund on death of last retiree or beneficiary; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Pensions and Retirement, was reported by the Clerk and adopted, amending the bill on page one, section twenty-eight-a, line one, by striking out “death of the last remaining retiree or beneficiary receiving benefits under a policemen’s pension and relief fund or a firemen’s pension and relief fund, the assets remaining in the fund, if any, shall be transferred to the municipality” and inserting in lieu thereof “cessation of any and all benefit payments to retirees or retiree beneficiaries because of death or disqualification, the board shall transfer the remaining assets of a policemen’s pension and relief fund or a firemen’s pension and relief fund to the municipality”.
The bill was then ordered to third reading.
H. B. 4178, Requiring calls which are recorded be maintained for a period of five years; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4478, Creating a lifetime ban for commercial drivers involved in human trafficking; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4544, Relating to possession of any controlled substance on the premises of or within 200 feet of a public library; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4551, Relating to subsidized adoption; on second reading, coming up in regular order, was reported by the Clerk.
At the request of Delegate Summers, and by unanimous consent, the bill was postponed one day.
Com. Sub. for H. B. 4576, Establishing a procedure for correcting errors in deeds, deeds of trust and mortgages; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4647, Relating to limited video lottery permit holders; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
First Reading
The following bills on first reading, coming up in regular order, was read a first time and ordered to second reading:
Com. Sub. for S. B. 16, Creating Protect Our Right to Unite Act,
Com. Sub. for S. B. 560, Permitting nursing home use trained individuals administer medication,
Com. Sub. for H. B. 4088, Disposition of funds from certain oil and natural gas wells due to unknown or unlocatable interest owners,
H. B. 4113, Relating to motor fuel excise taxes,
Com. Sub. for H. B. 4158, Allowing a person to manufacture a stated amount of alcoholic liquor for personal consumption,
Com. Sub. for H. B. 4398, Relating to required courses of instruction,
H. B. 4437, Relating to the West Virginia Pay Card program,
Com. Sub. for H. B. 4615, West Virginia Critical Infrastructure Protection Act,
H. B. 4655, Permitting military personnel in areas where on-the-job emergency medicine is part of the training to be granted automatic EMS or EMT certification,
Com. Sub. for H. B. 4706, Relating to reports concerning funds due to unknown or unlocatable interest owners,
And,
H. B. 4790, Relating to Career Technical Education for middle school students.
Leaves of Absence
At the request of Delegate Summers, and by unanimous consent, leave of absence for the day was granted Delegate Linville.
Remarks by Members
Speaker Pro Tempore Cowles in the Chair
Delegate Porterfield was addressing the House when Delegate Pack arose to a point of order regarding the content of the remarks of the Member relative to House Rule 32.
To which point the Speaker Pro Tempore instructed the Delegate to observe decorum in comments.
Mr. Speaker, Mr. Hanshaw, in the Chair
Miscellaneous Business
Pursuant to House Rule 132, consent was requested and obtained to print the following remarks in the Appendix to the Journal:
- Delegate Caputo during Remarks by Members
- Delegate Williams during Remarks by Members
- Delegate Sponaugle during Remarks by Members
- Delegate S. Brown during Remarks by Members
- Delegate Walker during Remarks by Members
- Delegate Porterfield during Remarks by Members
- Delegate Pushkin and Delegate D. Kelly regarding the wounded Charleston Police Officer
Pursuant to House Rule 94b, forms were filed with the Clerk’s Office to be added as a cosponsor of the following:
- Delegate Kump for H. B. 4670 and H. J. R. 29
- Delegate Espinosa for H. B. 4406
- Delegate Williams for H. B. 4737
- Delegate Rohrbach for H. B. 4718
- Delegate Queen for H. B. 4621
- Delegate Mandt for H. B. 4422
- Delegate Bartlett for H. B. 4662
Pursuant to House Rule 94b, a form was filed with the Clerk’s Office to be removed as a cosponsor of the following:
- Delegate Pack for H. B. 4781
At 1:28 p.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, February 12, 2020.
HOUSE OF DELEGATES
STEPHEN J. HARRISON, Clerk
Building 1, Room M-212
1900 Kanawha Blvd., East
Charleston, WV 25305-0470