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Wednesday, March 3, 2021

TWENTY-SECOND 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 Tuesday, March 2, 2021, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Reordering of the Calendar

Pursuant to the action of the Committee on Rules, Delegate Summers announced that Com. Sub. for H. B. 2363, on Second reading, House Calendar, had been transferred to the Special Calendar.

Committee Reports

On motion for leave, a bill was introduced (Originating in the Committee on Health and Human Resources and reported with the recommendation that it do pass), which was read by its title, as follows:

By Delegates Rohrbach, L. Pack, Barnhart and Forsht:

H. B. 2905 - “A Bill to repeal §61-10-21 of the Code of West Virginia, 1931, as amended, relating to repealing the prohibition against the use of certain words.”

Delegate J. Pack, Chair of the Committee on Health and Human Resources, submitted the following report, which was received:

Your Committee on Health and Human Resources has had under consideration:

S. B. 372, Providing greater discretion to WV Board of Medicine to approve graduate clinical training,

And reports the same back, with amendment, with the recommendation that it do pass, as amended.

Delegate Capito, 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. 2221, Relating to the establishment of an insurance innovation process,

And reports back a committee substitute therefor, with the same title, as follows:

Com. Sub. for H. B. 2221 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-60-1, §33-60-2, §33-60-3, §33-60-4, §33-60-5, §33-60-6, §33-60-7, §33-60-8, §33-60-9, and §33-60-10 all relating to the establishment of an insurance innovation process; defining terms; setting forth application requirements; prohibiting certain persons from applying; providing for the acceptance or rejection of the application by the Insurance Commissioner; requiring that the Insurance Commissioner set forth certain terms and conditions that will govern a proposed insurance innovation; providing that the Insurance Commissioner issue a limited no-action letter that establishes a safe harbor under which the commissioner will not take administrative or regulatory action against a participant or client of the participant; establishing the time period of the safe harbor and for the extension thereof; setting forth the requirements that a participant must adhere to during the safe harbor period; providing for penalties regarding violations of the terms contained in a limited no-action letter; providing the right to an administrative hearing; setting forth the criteria for the Insurance Commissioner to issue an extended no-action letter; providing for what the extended no-action letter must contain; requiring that documents and other information submitted to the Insurance Commissioner in relation to the insurance innovation be confidential and privileged; allowing the Insurance Commissioner to disclose in the extended no-action letter any information necessary to clearly establish the safe harbor; requiring the Insurance Commissioner to provide reports to the Joint Committee on Banking and Insurance regarding the activities pertaining to insurance innovation applications; allowing the Insurance Commissioner to enter into reciprocity agreements with state, federal, or foreign regulatory agencies; and allowing for rulemaking,”

H. B. 2335, Increasing the minimum criminal penalty for a driver who, in an impaired state, causes the death of a minor,

And reports back a committee substitute therefor, with the same title, as follows:

Com. Sub. for H. B. 2335 - “A Bill to amend and reenact §17C-5-1 and §17C-5-2 of the Code of West Virginia, 1931, as amended relating to increasing the penalty for DUI causing death when a child is present in the vehicle at the time of the accident and relating to increasing the minimum criminal penalty for a driver who, in an impaired state, causes the death of a minor,”

And,

H. B. 2765, Relating to allowing emergency management and operations’ vehicles operated by airports to use red flashing warning lights,

And reports back a committee substitute therefor, with the same title, as follows:

Com. Sub. for H. B. 2765 - “A Bill to amend and reenact §17C-15-26 of the Code of West Virginia, 1931, as amended, relating to allowing emergency management and operations’ vehicles operated by airports to use red flashing warning lights,”

With the recommendation that the committee substitutes each do pass.

Delegate Capito, Chair of the Committee on the Judiciary, submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration:

Com. Sub. for S. B. 216, Authorizing Department of Commerce to promulgate legislative rules,

And reports the same back, with amendment, with the recommendation that it do pass, as amended.

Delegate Capito, 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. 2382, Authorizing the Department of Environmental Protection to promulgate a legislative rule relating to ambient air quality standards,

H. B. 2709, Providing that the aggregate liability of a surety on a consumer protection bond under the West Virginia Fintech Regulatory Sandbox Program does not exceed the principal sum of the bond,

And,

H. B. 2764, Allow the Division of Financial Institutions to enter into reciprocity agreements with other jurisdictions that operate similar programs to the West Virginia Fintech Sandbox Program,

And reports the same back with the recommendation that they each do pass.

Delegate Steele, Chair of the Committee on Government Organization, submitted the following report, which was received:

Your Committee on Government Organization has had under consideration:

Com. Sub. for S. B. 280, Relating to e-commerce modernization,

And reports the same back with the recommendation that it do pass.

Delegate Steele, 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. 2701, Relating to authorizing the Division of Rehabilitation Services to approve acceptable training programs required for low vision individuals to obtain a Class G drivers license,

And reports the same back with the recommendation that it do pass.

Delegate Steele, Chair of the Committee on Government Organization, submitted the following report:

Your Committee on Government Organization has had under consideration:

H. C. R. 9, Urging Congress to call a convention of states to limit terms of office of the US House of Representatives,

And reports the same back with the recommendation that it be adopted.

Pursuant to House Rule 88, Delegate Hansen submitted the following report:

Delegate Hansen, Minority Member of the Committee on Government Organization, submitted the following report, which was received:

Your Committee on Government Organization has had under consideration:

H. C. R. 9, Urging Congress to call a convention of states to limit terms of office of the US House of Representatives,

And reports the same back with the recommendation that it be recommitted to the Committee on Government Organization to allow committee debate before it is again reported to the floor.

On the question of “Shall the Minority Report be substituted for the committee report?”, the yeas and nays were demanded, which demand was sustained.

The yeas and nays having been ordered, they were taken (Roll No. 67), and there were—yeas 22, nays 77, absent and not voting 1, with the yeas and absent and not voting being as follows:

Yeas: Barach, Bates, Boggs, Brown, Diserio, Doyle, Evans, Fleischauer, Fluharty, Garcia, Griffith, Hansen, Lovejoy, Pethtel, Pushkin, Rowe, Skaff, Thompson, Walker, Williams, Young and Zukoff.

Absent and Not Voting: Hornbuckle.

So, a majority of the members present not having voted in the affirmative, the Speaker declared the motion lost.

The report from the Committee on Government Organization was then received.

The Speaker later announced that the committee report omitted the second reference of the resolution and, in accordance with the former direction of the Speaker, the resolution (H. C. R. 9) was referred to the Committee on Rules.

Delegate Ellington, Chair of the Committee on Education, submitted the following report, which was received:

Your Committee on Education has had under consideration:

H. B. 2746, Establishing the behavioral health workforce education initiative at the Higher Education Policy Commission,

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. 2746) was referred to the Committee on Finance.

Delegate D. Jeffries, Chair of the Joint Committee on Enrolled Bills, submitted the following report, which was received:

Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the 2^nd day of March, 2021, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:

H. B. 2019, Elevating Economic Development and Tourism Departments.

Messages from the Senate

A message from the Senate, by

The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:

Com. Sub. for H. B. 2012, Relating to public charter schools.

On motion of Delegate Summers, the House of Delegates concurred in the following amendment of the bill by the Senate:

“On page three, section one, line forty-three, by striking out the word “Legislator” and inserting in lieu thereof the word “Legislative”;

On page five, section two, line forty-seven, by striking out the word “an” and inserting in lieu thereof the words “a public or private nonprofit or for-profit”;

On page ten, section five, line thirty-four, after the word “purposes” by striking out the period and inserting the words “except as needed under the provisions of the Public School Support Plan for funding purposes.”;

On page ten, section five, line thirty-nine, after the word “foundation” by inserting the word “allowance”;

On page thirteen, section six, lines fifty-six and fifty-seven by changing the colon to a period and striking out the proviso;

On page fifteen, section nine, line twenty-seven, by striking out the words “that set forth”;

On page sixteen, section nine, line fifty-seven by striking out the word “not”;

On page eighteen, section ten, line ten after the word “of” by inserting the words “the school year before”;

On page twenty, section ten, line sixty-eight, after the words “an authorizer” by inserting the words “revokes or”;

On page twenty, section ten, line sixty-nine, after the word “is” by inserting the words “revoked or”;

On page twenty, section ten, line seventy-six, after the word “threatened” by inserting a comma and the words “an administrator employed by or member of the governing board over the charter school is convicted of fraud or misappropriation of funds, there is a failure to meet generally accepted standards of financial management, there is a material breach of the charter contract, there is a substantial violation of any provision of law from which the public charter school is not exempted, or there are dire and chronic academic deficiencies”;

On page twenty-six, section fourteen, line four, by striking out the word “one” and inserting in lieu thereof the word “two”;

On page twenty-six, section fourteen, line six, by striking out “10” and inserting in lieu thereof the word “five”;

On page twenty-six, section fourteen, line seventeen after the words “Virtual public charter school” by inserting the word “funding”;

On page twenty-six, section fourteen, lines nineteen through twenty-two, by striking out all of subdivision (5) and inserting in lieu thereof a new subdivision (5) to read as follows:

(5) When enrolling a student who may require special education services, the same obligations apply to a virtual public charter school as applies to all other public charter schools. Enrollment shall not be denied or delayed on the basis of a disability and the charter school shall convene an Individualized Education Program (IEP) meeting after admission to ensure that the school develops an appropriate IEP in accordance with all of the requirements set forth in the Individuals with Disabilities Education Act (IDEA).;

On page twenty-eight, section fourteen, line seventy-two, by striking out the word “the” and inserting in lieu thereof the word “this”;

And,

On pages thirty-one and thirty-two, section fifteen, lines sixty-six through seventy-four, by striking out all of subsection (k) and inserting in lieu thereof a new subsection (k), to read as follows:

(k) The Professional Charter School Board shall investigate official complaints submitted to it that allege serious impairments in the quality of education in a public charter school or virtual public charter school it has authorized pursuant to this article, or that allege such schools are in violation of the policies or laws applicable to them. The Professional Charter School Board also may at its own discretion conduct or cause to be conducted audits of the education and operation of public charter schools or virtual public charter schools it has authorized pursuant to this article that it determines necessary to achieve its mission of authorizing high-quality public charter schools. Upon a determination that serious impairments or violations exist, the Professional Charter School Board shall promptly notify in writing the public charter school governing board of the perceived serious impairments or violations and provide reasonable opportunity for the school to remedy the serious impairments or violations. The Professional Charter School Board shall take corrective actions or exercise sanctions in response to apparent serious impairments or violations. If warranted, the actions or sanctions may include requiring a charter school to develop and execute a corrective action plan within a specified time frame.”

And,

By amending the title of the bill to read as follows:

Com. Sub. for H. B. 2012 - “A Bill to amend and reenact §18-5G-1, §18-5G-2, §18-5G-4, §18-5G-5, §18-5G-6, §18-5G-9, §18-5G-10, and §18-5G-11 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto three new sections, designated §18-5G-13, §18-5G-14, and §18-5G-15, all relating to public charter schools; amending provisions pertaining to the number of public charter schools that may be authorized; requiring the Legislative Auditor to conduct an audit of the public charter school program two years after the first public charter school commences operations; amending process applicable when an applicant applies to two or more county boards to authorize a public charter school; allowing the West Virginia Professional Charter School Board to authorize public charter schools; clarifying that an education service provider can be public or private and nonprofit or for-profit; defining ‘full-time virtual public charter school’ and ‘West Virginia Professional Charter School Board’; amending provisions pertaining to revocation of a charter contract; amending timeline for charter school application and beginning operations; requiring public charter schools to be treated and act as their own local education agency for all purposes; specifying exception; prohibiting anything in certain State Board of Education rule from conflicting with code; setting deadline for certain State Board of Education rules; amending provisions pertaining to the charter contract; amending provisions pertaining to the renewal of a charter contract; creating a process by which to appeal certain authorizer decisions to the West Virginia Board of Education; setting forth parameters under which the Professional Charter School board and county boards may authorize a limited number of virtual public charter schools; addressing virtual public charter school enrollment limits, charter term, funding, enrollment of students who may require special education services, governing body training, student absence, instructional time requirements, requirements that are applicable to the traditional deliver of instruction, student orientation, data demonstrating progress toward graduation, requirements relating to student engagement and teacher responsiveness, a policy regarding failure to participate in instructional activities, educational placement upon student transfer, virtual charter schools enrolling students in grades six and below, and application of requirements to certain other virtual instructional program; establishing the West Virginia Professional Charter School Board; providing for members, appointments, removal, immunity from civil liability in certain instances, appointment of executive director, employment of staff, and reimbursement of certain expenses; limiting how official actions of nonvoting ex officio members may be construed; requiring the Professional Charter School Board to investigate certain complaints and allowing it to conduct or cause to be conducted certain audits; and making technical improvements and corrections.”

The bill, as amended by the Senate, was then put upon its passage.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 68), and there were—yeas 68, nays 31, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Barach, Bates, Boggs, Booth, Bridges, Brown, Dean, Diserio, Doyle, Evans, Fleischauer, Fluharty, Garcia, Griffith, Hansen, Lovejoy, Maynard, Miller, Paynter, Pethtel, Pushkin, Rohrbach, Rowan, Rowe, Skaff, Thompson, Toney, Walker, Williams, Young and Zukoff.

Absent and Not Voting: Hornbuckle.

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2012) passed.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

A message from the Senate, by

The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of

Com. Sub. for S. B. 5 - “A Bill to amend and reenact §46A-5-104 and §46A-5-108 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §46A-5-109; to amend and reenact §46A-6-106 of said code; and to amend and reenact §46A-8-101 of said code, all relating generally to the West Virginia Consumer Credit and Protection Act and claims arising thereunder; providing criteria for the court to evaluate reasonable attorney’s fees and expense awards to the consumer in an action under the act; providing a unified mechanism for pre-suit notices of violation and offers to cure; providing that a cure offer is not admissible at trial of an action under the act, except that a timely delivered cure offer may be presented in a proceeding before the court, after entry of judgment, to determine attorney’s fees, if any; providing that either party in a private action under the act may serve upon the other an offer to settle or for judgment to be entered, establishing a process therefor, and providing that if the offer is rejected, the circumstances under which parties may or may not recover attorney’s fees; providing for the award of attorney’s fees and expenses in actions under the act upon a judicial determination that a claim or defense presented in the case is frivolous; and providing for an effective date”; which was referred to the Committee on the Judiciary.

A message from the Senate, by

The Clerk of the Senate, announced the passage by the Senate, to take effect from passage and requested the concurrence of the House of Delegates in the passage, of

Com. Sub. for S. B. 160 - “A Bill to amend and reenact §64-7-1 et seq. of the Code of West Virginia, 1931, as amended, all relating generally to authorizing certain agencies of the Department of Revenue to promulgate legislative rules; authorizing the rules as filed and as modified by the Legislative Rule-Making Review Committee; directing the amendment of a legislative-exempt rule by the Legislature; relating to authorizing the Alcohol Beverage Control Commission to promulgate a legislative rule relating to private club licensing; relating to authorizing the Alcohol Beverage Control Commission to promulgate a legislative rule relating to distilleries, mini-distilleries, and micro-distilleries; relating to authorizing the Financial Institutions Division to promulgate a legislative rule relating to a rule pertaining to the Fintech Regulatory Sandbox; relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to fingerprinting requirements for applicants for insurance producer and insurance adjuster license; relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to insurance adjusters; relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to credit for reinsurance; relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to insurance continuing education for individual insurance producers and individual insurance adjusters; relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to mental health parity; relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to health benefit plan network access and adequacy; relating to authorizing the Municipal Pensions Oversight Board to promulgate a legislative rule relating to exempt purchasing; relating to authorizing the Racing Commission to promulgate a legislative rule relating to thoroughbred racing; relating to authorizing the Racing Commission to promulgate a legislative rule relating to greyhound racing; relating to authorizing the Racing Commission to promulgate a legislative rule relating to advance deposit account wagering; relating to authorizing the Lottery Commission to promulgate a legislative rule relating to West Virginia Lottery interactive wagering rule; relating to directing the State Tax Department to amend a legislative-exempt rule relating to valuation of farmland and structures situated thereon for ad valorem property tax purposes; relating to authorizing the State Tax Department to promulgate a legislative rule relating to a tax credit for providing vehicles to low-income workers; relating to authorizing the State Tax Department to promulgate a legislative rule relating to the downstream natural gas manufacturing investment tax credit; and relating to authorizing the State Tax Department to promulgate a legislative rule relating to the high-wage growth business tax credit”; 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. 248 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-8-2a, relating to requiring the Department of Health and Human Resources to collaborate with the Workforce Development Board, the West Virginia Division of Personnel, and the West Virginia Department of Education for purposes of job placement”; which was referred to the Committee on Workforce Development 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. 311 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-18-30, relating to the acquisition and disposition of certain real property by an urban development authority; prohibition on acquisition; and ability to exercise the right of first refusal of tax-delinquent properties”; 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

S. B. 359 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-4-17, relating to law enforcement making reasonable attempt to contact landowner when an accident occurs that damages a fence that could contain livestock”; which was referred to the Committee on Agriculture and Natural Resources then the Judiciary.

A message from the Senate, by

The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of

Com. Sub. for S. B. 389 - “A Bill to amend and reenact §29-31-2 of the Code of West Virginia, 1931, as amended, relating to clarifying that State Resiliency Office is responsible to plan for emergency and disaster response, recovery, and resiliency; clarifying that the State Resiliency Officer is a member of the State Resiliency Office Board; placing Secretary of the Department of Health and Human Resources on board; requiring that State Resiliency Officer vote only in the event of a tie vote of board; requiring that board elect a vice chair from its membership; establishing duties and responsibilities of the vice chair; and eliminating notice requirement for board meetings”; which was referred to the Committee on Veterans’ Affairs and Homeland Security 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

Com. Sub. for S. B. 392 - “A Bill to amend §61-1-9 of the Code of West Virginia, 1931, as amended, relating to modifying the penalty for impersonation of a law-enforcement officer or official by adding a period of possible incarceration as a criminal penalty”; 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 joint resolution, which was read by its title and referred to the Committee on the Judiciary as follows:

S. J. R. 4 – “Proposing an amendment to the Constitution of the State of West Virginia, amending section 47, article VI thereof, relating to authorizing the incorporation of religious denominations; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.”

Resolutions Introduced

Delegates Higginbotham and Graves offered the following resolution, which was read by its title and referred to the Committee on the Judiciary then Rules:

H. R. 12 - “Support the signing of a Bilateral Trade Agreement (BTA) between the United States and the Republic of China (Taiwan), celebrating the 41^st anniversary of the sister-state ties between the State of West Virginia and Taiwan, reaffirming support for Taiwan’s meaningful participation and contributions in international organizations, and for strengthening and expanding sister-state ties between the State of West Virginia and Taiwan.”

Whereas, The Republic of China (Taiwan) and the United States have enjoyed a longstanding partnership and share the common values of freedom, democracy and human rights. In 2020, Taiwan ranked as the 2^nd freest country in Asia by Freedom House, and ranked 11^th among 180 world economies in terms of economic freedom by the Heritage Foundation, demonstrating the strength and vitality of its democratic system and showcasing Taiwan as a beacon of democracy in East Asia; and

Whereas, The State of West Virginia is proud of the sister-state relationship it has enjoyed with Taiwan since August 4, 1980, marked by strong bilateral trade, education and cultural exchanges. In 2021, the State of West Virginia celebrates the 41^st anniversary of the sisterhood relationship with Taiwan and looks forward to an even closer relationship between West Virginia and Taiwan in the future; and

Whereas, Taiwan has effectively contained the spread of COVID-19 through advanced deployment and the provision of open and transparent information. The Taiwan model of COVID-19 prevention has become an internationally recognized paradigm for effectively containing the spread of the pandemic. In 2020, Taiwan donated 30,000 surgical face masks to the State of West Virginia to protect frontline health workers, demonstrating that Taiwan stands strong with the Mountain State in the face of difficult times; and

Whereas, In 2019, the bilateral trade between West Virginia and Taiwan amounted to nearly $94.5 million and Taiwan is our seventh-largest export market in Asia, demonstrating that Taiwan is an important trading partner of West Virginia; and

Whereas, West Virginia welcomes all opportunities for an even closer economic partnership to increase trade and investment, supports Taiwan’s effort to secure the signing of a U.S.-Taiwan Bilateral Trade Agreement (BTA) to boost greater West Virginia exports to Taiwan and considers it recommendable to re-open a trade office in Taiwan to bring in more Taiwanese investment such as the $34 million project which Far Eastern New Century Corporation introduced in 2018; and

Whereas, The United States and Taiwan have forged ever stronger economic and security relations over the last four decades based on their shared commitment to democracy, the rule of law and free market principles; with the United States now Taiwan’s second-largest trading partner and second-largest destination of Taiwan outward investment; and with Taiwan now the 9^th largest trading partner of the United States and a key destination for United States agricultural exports; and

Whereas, In the 2019/20 academic year, 23,724 students from Taiwan studied in the U.S., making Taiwan the seventh-leading place of origin for students coming to the U.S. and contributed more than $991 million to the U.S. economy, through their spending on tuition, accommodation and living expenses; and

Whereas, Taiwan has been proven to be a very valuable contributor in a broad range of global issues, and it is necessary for Taiwan to be granted access to meaningfully participate in various international organizations including the World Health Organization (WHO), International Civil Aviation Organization (ICAO), United Nations Framework Convention on Climate Change (UNFCCC), and International Criminal Police Organization (INTERPOL); therefore, be it

Resolved by the House of Delegates:

To endorse Taiwan’s efforts to secure the signing of a Bilateral Trade Agreement with the United States; recognizes the Taiwan model of COVID-19 prevention; commends Taiwan’s vibrant full-fledged democracy; reaffirms its commitment to the strengthening and deepening of the sister-state relationship with Taiwan; and continues to support Taiwan’s meaningful participation and contributions in the above-mentioned and other international organizations which impact the health, safety, and well-being of its people, and supports its aspiration to make more contributions in the international community; and, be it

Further Resolved, That a copy of this legislative citation be sent to Governor James C. Justice, II of West Virginia, and another sent to Ms. Bi-khim Hsiao, Representative of the Taipei Economic and Cultural Representative Office in the United States.

Delegate Higginbotham offered the following resolution, which was read by its title and referred to the Committee on the Judiciary then Rules:

H. R. 13 - “Demanding that President Biden keep the United States Embassy in Israel in Jerusalem.”

Whereas, On February 5, 2021, the United Senates Senate voted 97 to 3 to keep the United States Embassy in Israel in Jerusalem; and

Whereas, Congress has made the following findings in regards to the embassy being in Jerusalem:

(1) Each sovereign nation, under international law and custom, may designate its own capital.

(2) Since 1950, the city of Jerusalem has been the capital of the State of Israel.

(3) The city of Jerusalem is the seat of Israel’s President, Parliament, and Supreme Court, and the site of numerous government ministries and social and cultural institutions.

(4) The city of Jerusalem is the spiritual center of Judaism, and is also considered a holy city by the members of other religious faiths.

(5) From 1948–1967, Jerusalem was a divided city and Israeli citizens of all faiths as well as Jewish citizens of all states were denied access to holy sites in the area controlled by Jordan.

(6) In 1967, the city of Jerusalem was reunited during the conflict known as the Six Day War.

(7) Since 1967, Jerusalem has been a united city administered by Israel, and persons of all religious faiths have been guaranteed full access to holy sites within the city.

(8) This year marks the 28^th consecutive year that Jerusalem has been administered as a unified city in which the rights of all faiths have been respected and protected.

(9) In 1990, the Congress unanimously adopted Senate Concurrent Resolution 106, which declares that the Congress ‘‘strongly believes that Jerusalem must remain an undivided city in which the rights of every ethnic and religious group are protected’’.

(10) In 1992, the United States Senate and House of Representatives unanimously adopted Senate Concurrent Resolution 113 of the One Hundred Second Congress to commemorate the 25^thanniversary of the reunification of Jerusalem, and reaffirming congressional sentiment that Jerusalem must remain an undivided city; therefore be it

Resolved by the House of Delegates:

Thant the House of Delegates demand that President Biden keep the United States Embassy in Israel in Jerusalem; and, be it

Further Resolved, That the Clerk forward a copy of this resolution to the President of the United States.

Delegate Hanna offered the following resolution, which was read by its title and referred to the Committee on Technology and Infrastructure then Rules:

H. C. R. 22 - “Requesting the Division of Highways name bridge number: 51-022/00-000.16 (51A094), (38.51804, -80.44792) locally known as GRASSY CREEK BX BM, carrying CR 22 over GRASSY CREEK in Webster county, the ‘U. S. Army PVT E- Bill O’Dell Memorial Bridge’.”

Whereas, William Richard O’Dell was born August 4, 1937, in Osage, West Virginia; and

Whereas, He served in the United States Army during the Korean Conflict in the rocket launcher section and guarded the Czechoslovakian border; and

Whereas, After his return from the military, Bill married the love of his life. Sondra Fae Tracy, on November 1, 1954, and together they raised five daughters in a home on Orndorff Road. beside the Orndorff Church on Big Grassy Creek Road; and

Whereas, Bill was a humble and true man of God who enjoyed going to church and teaching the Holy Bible in church throughout Webster and Nicholas Counties; and

Whereas, Bill developed severe depression when his wife and two daughters died, which led to dementia and ultimately, Alzheimer’s. He passed away at his home on October 21, 2015, with his family by his side.; and

Whereas, It is fitting that an enduring memorial be established to commemorate U. S. Army PVT E- Bill O’Dell 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: 51-022/00-000.16 (51A094), (38.51804, -80.44792) locally known as GRASSY CREEK BX BM, carrying CR 22 over GRASSY CREEK in Webster county, the “U. S. Army PVT E- Bill O’Dell 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 PVT E- Bill O’Dell 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.

On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:

By Delegate Howell:

H. J. R. 24 - “Proposing an amendment to the Constitution of the State of West Virginia by adding thereto a new section, designated section fifty-eight, article VI thereto, relating to excluding implied powers of authority”; to the Committee on the Judiciary.

Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:

By Delegate Holstein:

H. B. 2863 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-38-1, §19-38-2, §19-38-3, §19-38-4, §19-38-5, §19-38-6, §19-38-7, and §19-38-8, all relating to establishing a Livestock Branding Act; defining terms; creating registry of brands; providing for reregistration of brands; requiring bill of sale for branded livestock; authorizing rulemaking; and providing for criminal penalties of violations of act”; to the Committee on Agriculture and Natural Resources then the Judiciary.

By Delegate Young:

H. B. 2864 - “A Bill to amend and reenact §3-2-2 of the Code of West Virginia, 1931, as amended, relating to eligibility of voters; removing the prohibition voter registration for persons convicted of certain felonies who have fully served their sentence; requiring the Division of Corrections to notify persons of their renewed eligibility to vote upon release; and requiring the Division of Probation to notify persons of their renewed voter eligibility upon discharge”; to the Committee on Government Organization then the Judiciary.

By Delegates Mallow, Longanacre, Forsht and Horst:

H. B. 2865 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §29B-1-1, §29B-1-2, §29B-1-3, §29B-1-4, §29B-1-5, §29B-1-6, §29B-1-7, §29B-1-8, §29B-1-9, §29B-1-10, §29B-1-11, §29B-1-12, and §29B-1-13, all relating to creating a Law-Enforcement Officers’ Bill of Rights; providing definitions; general rights of officers; general procedure in investigation or interrogation by a law-enforcement agency of a law-enforcement officer; right to hearing by a hearing board; disposition of administrative action; judicial review expungement of record of formal complaint; summary punishment; emergency suspension; and misdemeanor offense for false statement, report, or complaint, with penalty”; to the Committee on the Judiciary.

By Delegates Foster, Steele, Kimes, Ferrell, Gearheart, Paynter and Toney:

H. B. 2866 - “A Bill to amend and reenact §8-1-5A of the Code of West Virginia, 1931, as amended, relating to removing the authority of municipalities participating in the Municipal Home Rule Program to impose a municipal sales tax”; to the Committee on Government Organization then Finance.

By Delegates Martin, Summers, Criss, Burkhammer and Queen:

H. B. 2867 - “A Bill to amend and reenact §20-1-16 of the Code of West Virginia, 1931, as amended relating to the Natural Resources Commission; providing for the composition and membership of the commission; providing criteria and qualifications for the appointment of commissioners; and providing for reimbursement of expenses for commissioners”; to the Committee on Agriculture and Natural Resources then Finance.

By Delegates Storch, Gearheart, Pethtel, Evans, Anderson and J. Pack:

H. B. 2868 - “A Bill to amend and reenact §8-22-26 of the Code of West Virginia, 1931, as amended, relating to providing that member contributions and interest exceeding authorized payments of death benefits be paid to the member’s heirs”; to the Committee on Pensions and Retirement then Finance.

By Delegates J. Jeffries, Longanacre, Kimes, Graves, Jennings, Burkhammer, McGeehan, Horst, Martin, J. Pack and Householder:

H. B. 2869 - “A Bill amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-1-22, relating to providing limitations on mask wearing requirements”; to the Committee on the Judiciary.

By Delegates J. Pack, Steele and Graves:

H. B. 2870 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2B-9, relating to vocation program enrollment”; to the Committee on Education.

By Delegate Steele:

H. B. 2871 - “A Bill to amend and reenact §6-7-2a of the Code of West Virginia, 1931, as amended, relating to compensation; providing for removal of certain directors; and providing for compensation for a new commissioner”; to the Committee on Health and Human Resources then Finance.

By Delegate Young:

H. B. 2872 - “A Bill to amend and reenact §5-11-3 and §5-11-10 of the Code of West Virginia, 1931, as amended, all relating to the Human Rights Commission; amending the definition of employer and the number of persons employed to qualify as an employer; and extending the period of the statute of limitations to file a complaint for an alleged unlawful discriminatory practice”; to the Committee on Workforce Development then the Judiciary.

By Delegates Young, Graves, Zukoff, Summers, Fleischauer, Walker and Brown:

H. B. 2873 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21A-6-18, relating to allowing waiver of repayment of overpaid unemployment insurance; providing factors to consider by the Commissioner of Bureau of Employment Programs’ to waive repayments; prohibiting of a waiver if the insured commits fraud or is otherwise responsible for the over payment; providing criteria for eligibility for waiver; placing burden on insured to prove eligibility for waiver; providing procedures for review of claims; providing for discontinuance of further governmental payments until repayment is satisfied, and providing for a retroactivity clause”; to the Committee on Workforce Development then Finance.

By Delegates Young, Wamsley, Cooper, Doyle, Longanacre, Steele, J. Kelly, McGeehan and Worrell:

H. B. 2874 - “A Bill to amend and reenact §59-1-2 and §59-1-2a of the Code of West Virginia, 1931, as amended, relating to extending waiver of veterans’ initial business registration fees and annual business fees to active-duty military members, their spouses, and immediate family”; to the Committee on Veterans’ Affairs and Homeland Security then Finance.

By Delegate Bates:

H. B. 2875 - “A Bill to amend and reenact §16-2L-3 and §33-45-2 of the Code of West Virginia, 1931, as amended, relating to changes to provider contracts with health benefit plans and Medicaid managed care plans; providing a notice and negotiation process for changes to provider and Medicaid managed provider contracts providing a notice and negotiation process for changes to health benefit insurer and provider contracts”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Westfall and Summers:

H. B. 2876 - “A Bill to amend and reenact §33-16-1a and §33-16-2 of the Code of West Virginia, 1931, as amended; and to further amend said code by adding thereto a new section, designated §33-16-2a, all relating to modify group accident and sickness insurance requirements”; to the Committee on Health and Human Resources.

By Delegates Westfall and Summers:

H. B. 2877 - “A Bill to amend and reenact §30-3F-1, §30-3F-2, and §30-3F-3 of the Code of West Virginia, 1931, as amended, relating to expanding direct primary care arrangements to include other directed health care arrangements”; to the Committee on Health and Human Resources.

By Delegate Young:

H. B. 2878 - “A Bill to amend the Code of West Virginia, 1939, as amended, by adding thereto a new article, designated as §5-30-1, §5-30-2, §5-30-3, §5-30-4, §5-30-5, §5-30-6, and §5-30-7, all relating to establishing a task force to study and develop reparations for African Americans; legislative findings; composition and authority; requiring report to the Legislature; and providing that state level reparation actions that are undertaken as a result of this article are not a replacement for any reparations enacted at the federal level”; to the Committee on the Judiciary then Finance.

By Delegate Young:

H. B. 2879 - “A Bill to amend and reenact §5-11-3 of the Code of West Virginia, 1931, as amended, relating to modifying the definition of ‘employee’ under the Human Rights Commission”; to the Committee on Workforce Development then the Judiciary.

By Delegate Young:

H. B. 2880 - “A Bill to amend and reenact §33-57-1 of the Code of West Virginia, 1931, as amended, relating accessibility of telehealth and telemedicine by persons with disabilities”; to the Committee on Health and Human Resources.

By Delegates Steele and Sypolt:

H. B. 2881 - “A Bill to amend and reenact §16-3-4 of the Code of West Virginia, 1931, as amended, relating to removing Hepatitis B vaccine from the list of from compulsory immunizations”; to the Committee on Health and Human Resources then Education.

By Delegates Steele and Foster:

H. B. 2882 - “A Bill to repeal §16-27A-1 and §16-27A-2 of the Code of West Virginia, 1931, as amended, relating to a ban on construction of nuclear power plants”; to the Committee on Energy and Manufacturing then Government Organization.

By Delegate Foster:

H. B. 2883 - “A Bill to repeal §48-9-301 of the Code of West Virginia, 1931, as amended; and to amend and reenact §48-9-302 of said code, relating to removing the discretion of the court to issue a written investigation for proceedings under this article; to ensuring that the West Virginia judiciary remains neutral and detached in all matters pending before any court of this state; to ensuring that the West Virginia judiciary does not in any way initiate or participate in investigations or other activities properly reserved to the executive consistent with the separation of powers required under Article V, Section 1, of the Constitution of the State of West Virginia; to ensuring that the West Virginia judiciary at all times in the performance of its duties acts in a manner consistent with West Virginia Judicial Code of Conduct Rule 2.9, which states that ‘[a] judge shall not initiate, permit, or consider ex parte communications, or consider other communications made to the judge outside the presence of the parties or their lawyers, concerning a pending or impending matter;’ and to ensuring that courts are abiding by the foundational principle of Anglo-American jurisprudence rooted in the Magna Carta and the Due Process clauses of the United States Constitution that no person may have their rights curtailed or stripped from them without the right to confront any witnesses and to rebut any evidence against them, as well as to present their own witnesses and evidence to the court”; to the Committee on Senior, Children, and Family Issues then the Judiciary.

By Delegates Conley, J. Kelly, Mallow, Miller and Barnhart:

H. B. 2884 - “A Bill to amend and reenact §29B-1-2 and §29B-1-4 of the Code of West Virginia, as amended, all relating to exempting customer records of publicly-administered utility enterprises from production under the Freedom of Information Act; defining ‘publicly-administered utility enterprise’; establishing exemption from production; and allowing certain uses and disclosures of information”; to the Committee on the Judiciary.

By Delegate Higginbotham:

H. B. 2885 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §49-2-110a, relating to the occurrence of the death of a child in foster care; requiring persons having custody of the child to immediately notify the Department of Health and Human Resources of the death; requiring that the department notify the parents and legal guardians of the death; and providing exceptions”; to the Committee on Health and Human Resources then the Judiciary.

By Delegate Higginbotham:

H. B. 2886 - “A Bill to amend and reenact §18-5-45 of the Code of West Virginia, 1931, as amended, relating to replacing minimum minutes of instructional time required per day with a flexible requirement based upon the completion of classroom or other equivalent work or assessments meeting defined levels of proficiency or mastery; providing legislative findings; establishing options for meeting minimal instructional time requirements; eliminating requirement related to instructional minutes and the use of equivalent time for days lost; providing that county school boards utilizing flexible instructional options shall submit for approval plans for assessing student competency and demonstrated proficiency; and providing the state board with rule-making authority to develop any evaluation criteria or guidelines necessary for county boards to utilize flexible instruction time options”; to the Committee on Education then Finance.

By Delegate Higginbotham:

H. B. 2887 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-19e, relating to providing guidelines for school systems regarding their legal liability for exposure to COVID-19; and providing for immunity to school systems from lawsuits in certain circumstances”; to the Committee on the Judiciary.

By Delegate Higginbotham:

H. B. 2888 - “A Bill to amend and reenact §53-4A-1 of the West Virginia Code, 1931, as amended, relating to clarifying when a contention is adjudicated; defining forensic scientific evidence; and providing that no additional liabilities are created”; to the Committee on the Judiciary.

By Delegate Steele:

H. B. 2889 - “A Bill to amend and reenact §5-11-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §21-5-1 of said code; to amend said code by adding thereto a new article designated §21-11B-1, §21-11B-2, §21-11B-3, §21-11B-4, §21-11B-5, §21-11B-6, and §21-11B-7; to amend and reenact §21A-1A-17 of said code; to amend and reenact §23-2-1 of said code; all relating to West Virginia Employment Law Worker Classification Act; providing for excluding independent contractors from the definition of employee in the Human Rights Act; providing for excluding independent contractors from the definition of employee or employees relating to the wage payment and collections act; providing for a short title; providing for legislative findings; providing for superseding consideration when hearing or considering conflicting state law; providing for criteria for employers to determine if a person working for the employer is in an employer-independent contractor relationship or an employer-employee relationship; providing for a written contract to establish the employer-independent contractor relationship; providing for certain conditions to be contained in the written contract establishing the employer-independent contractor relationship; providing for certain conditions required of an independent contractor; providing for the independent contractor to have the ability to control and direct the manner of the work regardless of other certain circumstances; providing for other conditions that may be considered to determine independent contractor status; providing for the principal’s decision to hire a person as an employee when the person would otherwise meet criteria to be an independent contractor; providing for limitations for an independent contractor to receive certain benefits and legal protections offered to employees; providing for preemption of local laws; providing for a limited scope to certain benefits and legal protections offered to employees and not independent contractors; providing for severability; providing for an exclusion from the definition of employee or employment relating to unemployment compensation benefits; and providing for an exclusion relating to employers that establish an independent contractor relationship with a person relating to worker’s compensation”; to the Committee on Workforce Development then the Judiciary.

By Delegates Steele, Foster and J. Pack:

H. B. 2890 - “A Bill to amend and reenact §24A-1-2 and §24A-1-3 of the Code of West Virginia, 1931, as amended, relating to clarifying the authority of the Public Service Commission of West Virginia over luxury limousine services; and creating an exemption from certain contract and common carrier laws for luxury limousine services”; to the Committee on Technology and Infrastructure then Government Organization.

By Delegates D. Kelly, B. Ward, Hott, Capito, Steele, Pinson, Queen and Westfall:

H. B. 2891 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-29-14, relating to creating minimum standards for law-enforcement officers; providing for the disqualification for entry into the basic law-enforcement academy or from certification in certain instances; providing for the direct supervision of officers who are not certified; providing for the maintenance and the transfer of certain records; and setting a limitation on the disclosure of certain records”; to the Committee on the Judiciary.

By Delegate Howell:

H. B. 2892 - “A Bill to amend and reenact §15-4-1, §15-4-2, §15-4-3, §15-4-4, §15-4-5, §15-4-6, §15-4-10, and §15-4-11 of the Code of West Virginia, 1931, as amended, all relating to the West Virginia State Guard and the organization thereof; to adding additional directives for the West Virginia State Guard; adding a minimum age requirement; providing a federal clause for when there are potentially conflicting directives; modifying the oath; and modifying terms of enlistment”; to the Committee on Veterans’ Affairs and Homeland Security then the Judiciary.

By Delegate Riley:

H. B. 2893 - “A Bill to amend and reenact §11-13Q-5 and §11-13Q-10 of the Code of West Virginia, 1931, as amended, relating to modifying the Economic Opportunity Tax Credit allowed for locating corporate headquarters in this state and the credit for small business”; to the Committee on Small Business, Entrepreneurship and Economic Development then Finance.

By Delegate Statler:

H. B. 2894 - “A Bill to amend and reenact §61-8-14 of the Code of West Virginia, 1931, as amended, relating to the criminal offense of desecration of graves and vandalizing cemeteries and mandating that persons convicted thereof shall be required to perform 250 hours of community service to and for the cemetery involved”; to the Committee on the Judiciary.

By Delegates Hanshaw (Mr. Speaker) and Skaff