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Wednesday, January 26, 2022
FIFTEENTH 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, January 25, 2022, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
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. 2631, Provide for WVDNR officers to be able to work “off duty”,
H. B. 4048, WV Keep, Bear and Drive with Arms Act,
H. B. 4097, To prohibit nonpublic funding sources for election administration and related expenses without prior written approval by the State Election Commission,
And,
H. B. 4299, To prohibit the intentional interference with election processes and creating associated criminal penalties,
And reports the same back with the recommendation that they each do pass.
Delegate Rohrbach, Chair of the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 2817, Donated Drug Repository Program,
And reports the same back with the recommendation that it do pass.
Delegate Rohrbach, Chair of the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 4257, Require visitation immediately following a procedure in a health care facility,
And reports back a committee substitute therefor, as follows:
Com. Sub. for H. B. 4257 – “A Bill to amend and reenact §16-39-8 of the Code of West Virginia, 1931, as amended, relating to requiring visitation once the patient is stable following a surgical procedure in a health care facility,”
With the recommendation that the committee substitute do pass.
Delegate Rohrbach, Chair of the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 4263, Prohibit the practice of white bagging,
And reports back a committee substitute therefor, as follows:
Com. Sub. for H. B. 4263 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-61-1, relating to health insurance; prohibiting certain actions; and providing an effective date,”
With the recommendation that the committee substitute do pass.
Delegate Rohrbach, Chair of the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 4340, Relating to maximizing the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or education,
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. 4340) was referred to the Committee on the Judiciary.
Delegate Rohrbach, Chair of the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 4324, To update collaborative pharmacy practice agreements,
And reports back a committee substitute therefor, as follows:
Com. Sub. for H. B. 4324 – “A Bill to amend and reenact §30-5-4 and §30-5-19 of the Code of West Virginia, 1931, as amended, all relating to collaborative pharmacy practice; defining terms; setting forth requirements for different practice settings; prohibiting certain practices; and updating the terms of collaborative practice agreements,”
With the recommendation that the committee substitute do pass.
Delegate Phillips, 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. 4173, Authorizing the Department of Agriculture to promulgate a legislative rule relating to Feeding of Untreated Garbage to Swine,
H. B. 4174, Authorizing the Department of Agriculture to promulgate a legislative rule relating to Commercial Feed,
H. B. 4175, Authorizing the Department of Agriculture to promulgate a legislative rule relating to Enrichment of Flour and Bread Law Regulations,
H. B. 4176, Authorizing the Department of Agriculture to promulgate a legislative rule relating to Fruits and Vegetables Certification of Potatoes for Seedling Purposes,
H. B. 4177, Authorizing the Department of Agriculture to promulgate a legislative rule relating to the Fresh Food Act,
H. B. 4178, Authorizing the Department of Agriculture to promulgate a legislative rule relating to Auctioneers,
H. B. 4179, Authorizing the Department of Agriculture to promulgate a legislative rule relating to Hemp Products,
H. B. 4180, Authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to Livestock Care Standards,
H. B. 4181, Authorizing the Department of Agriculture to promulgate a legislative rule relating to the Rural Rehabilitation Program,
H. B. 4182, Authorizing the Department of Agriculture to promulgate a legislative rule relating to the Farm to Food Bank Tax Credit,
H. B. 4183, Authorizing the Department of Agriculture to promulgate a legislative rule relating to Farmers Markets,
H. B. 4184, Authorizing the Department of Agriculture to promulgate a legislative rule relating to Seed Certification,
And,
H. B. 4193, Authorizing the Dangerous Wild Animal Board to promulgate a legislative rule relating to Dangerous Wild Animal,
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. 4173, H. B. 4174, H. B. 4175, H. B. 4176, H. B. 4177, H. B. 4178, H. B. 4179, H. B. 4180, H. B. 4181, H. B. 4182, H. B. 4183, H. B. 4184 and H. B. 4193) were each referred to the Committee on the Judiciary.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, and requested the concurrence of the House of Delegates in the passage, of
S. B. 4 - “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.”
At the request of Delegate Summers, and by unanimous consent, reference of the bill (S. B. 4) to a committee was dispensed with.
Resolutions Introduced
Delegate Hanshaw (Mr. Speaker) offered the following resolution, which was reported by the Clerk:
H. C. R. 27 - “Extending an invitation to His Excellency, the Governor, to deliver an address to the Legislature and raising a Joint Assembly therefor.”
Whereas, His Excellency, the Governor, has advised that he will be pleased to address a Joint Assembly of the Senate and House of Delegates at the convenience of the two houses; therefore, be it
Resolved by the Legislature of West Virginia:
That His Excellency, the Governor, be hereby invited to address a Joint Assembly of the Legislature at 7:00 p.m., January 27, 2022; and, be it
Further Resolved, That the President of the Senate and the Speaker of the House of Delegates appoint three members of each of the respective houses of the Legislature as a committee to wait upon His Excellency, the Governor, and escort him into the Hall of the House of Delegates at the time herein appointed for hearing the address.
At the request of Delegate Summers, and by unanimous consent, reference of the resolution (H. C. R. 27) to a committee was dispensed with and it was taken up for immediate consideration, and adopted.
Whereupon,
In accordance with the provisions of the resolution, the Speaker appointed as members of the committee to wait upon His Excellency, the Governor, the following:
Delegates Westfall, Tully and Boggs.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Delegates Boggs and Westfall offered the following resolution, which was read by its title and referred to the Committee on Technology and Infrastructure then Rules:
H. C. R. 28 - “Requesting the Division of Highways name Bridge Number: 04-04-17.86(04A012), (38.675115,80.77095) locally known as Upper Gassaway Bridge, carrying WV 4 over the Elk River in Braxton County, the ‘U.S. Army Captain Billy Jake Smith Memorial Bridge’.”
Whereas, Captain Billy Jake Smith was born February 5, 1938, in Gassaway, Braxton County, West Virginia. He graduated from Gassaway High School in 1958, and enlisted in the U.S. Army where he served as an enlisted man from 1958 until 1966. He was commissioned 2L/T USAR on June 21, 1966, and on June 21, 1967, he was promoted to 12L/T AUS. On June 21, 1968, he was promoted to CPT AUS; and
Whereas, Captain Smith began his first tour in Vietnam which lasted from December 1, 1966, to September 2, 1967, during which time he served as a platoon leader and executive officer with the 9th INF DIV. His second tour in Vietnam began May 17, 1969, and lasted until his death on February 12, 1970. At the time of his death, he was serving as Deputy District Senior Advisor of Long Thank District; and
Whereas, Captain Billy Jake Smith was awarded the Good Conduct Medal (1st Award). Parachutist Badge, National Defense Service Medal, Army Commendation Medal, Vietnamese Service Medal, Combat Infantryman’s Badge, Vietnamese Campaign Medal w/60th Device, one Overseas Bar. two Purple Hearts, and Bronze Star Medal w/V Device; and
Whereas, Captain Billy Jake Smith was survived by his wife Joan and his three children, Elizabeth, Patrick, and Jeffery, all of Mohawk, New York, and his parents Mr. and Mrs. Glen W. Smith of Gassaway, West Virginia; and
Whereas, It is fitting that an enduring memorial be established to commemorate U.S. Army Captain Billy Jake Smith and his contributions to our State and supreme sacrifice to his country; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name Bridge Number: 04-04-17.86(04A012), (38.675115,80.77095) locally known as Upper Gassaway Bridge, carrying WV 4 over the Elk River in Braxton County, the “U.S. Army Captain Billy Jake Smith 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 Captain Billy Jake Smith 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.
Bills Introduced
Bills were introduced, pursuant to House Rule 92, and severally referred as follows:
By Delegates Householder and Criss:
H. B. 4396 - “A Bill to repeal §11-21-12h of the Code of West Virginia, 1931, as amended, relating to the repeal of the modification reducing federal adjusted gross income relating to tolls for travel on West Virginia toll roads and paid electronically through use of Parkways Authority Commuter (PAC) cards”; to the Committee on Finance.
By Delegate Hornbuckle:
H. B. 4397 - “A Bill to amend and reenact §11-16-10 of the Code of West Virginia, 1931, as amended, relating to authorizing a temporary foreign brewers import license”; to the Committee on Government Organization then Finance.
By Delegates Skaff, Young, Barach, Boggs, Fluharty and Zukoff:
H. B. 4398 - “A Bill to amend and reenact §11-15-3 and §11B-2-20 of the Code of West Virginia, 1931, as amended, all relating to the consumer sales and service tax; reducing the consumer sales and service tax; providing for tax liabilities that existed prior to elimination of consumer sales and service tax; requiring notification to taxpayers of changes to the consumer sales and service tax; requiring reporting to the Legislature; and requiring funds to be transferred from the Revenue Fund Shortfall Reserve Fund and the Revenue Fund Shortfall Reserve Fund – Part B upon certain conditions”; to the Committee on Finance.
By Delegate Hornbuckle:
H. B. 4399 - “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 Delegate Hornbuckle:
H. B. 4400 - “A Bill to amend and reenact §18-2-25 and §18-2-25a of the Code of West Virginia, 1931, as amended, all 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 Government Organization then the Judiciary.
By Delegate Hornbuckle:
H. B. 4401 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8-32, relating to making it a misdemeanor for a person to knowingly allow a felony drug offense to be committed on his or her property; creating a duty to report; creating criminal penalties; and allowing a private cause of action”; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Longanacre, Conley, Graves, Kessinger, Tully, Honaker, Hanna, G. Ward, Phillips and Jennings:
H. B. 4402 - “A Bill to amend and reenact §18-2-7b of the Code of West Virginia, 1931, as amended, relating to clarifying the manner of instruction for comprehensive drug awareness and prevention programs for students in grades K through 12”; to the Committee on Health and Human Resources then Education.
By Delegates Statler, G. Ward, Kimble and Ellington:
H. B. 4403 - “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 Delegate Bates:
H. B. 4404 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-9G-3, relating to the Tobacco Cessation Initiative program; and creating the Tobacco Cessation Initiative Program Special Revenue Account within the State Treasury to be administered by the Director of the Bureau for Public Health”; to the Committee on Health and Human Resources then Finance.
By Delegates Skaff, Boggs, Pethtel, Riley, Lovejoy, Statler, Worrell, Garcia and Young:
H. B. 4405 - “A Bill to amend and reenact §17A-3-23 of the Code of West Virginia, 1931, as amended, relating to authorizing municipal fire departments specialized license plates”; to the Committee on Technology and Infrastructure then Government Organization.
By Delegates Conley, Cooper, Longanacre, Barnhart, J. Kelly, Anderson, Toney, McGeehan, Reynolds, Steele and Mandt:
H. B. 4406 - “A Bill to amend and reenact §15A-1-9 of the Code of West Virginia, 1931, as amended, relating to creating a West Virginia Military Hall of Fame to honor veterans of West Virginia who have distinguished themselves on the field of battle”; to the Committee on Veterans’ Affairs and Homeland Security then Government Organization.
By Delegates Mandt, Steele, Foster, Fast, Burkhammer, Criss, Worrell, D. Kelly, Pinson, Crouse and Honaker:
H. B. 4407 - “A Bill to amend and reenact §3-3-12 of the Code of West Virginia, 1931, as amended, relating to requiring photographic identification for mail-in ballots; providing a procedure for the West Virginia Secretary of State’s office to establish their own guidelines to create an efficient process for this requirement; and defining acceptable forms of photographic identification”; to the Committee on the Judiciary.
By Delegates Dean, Paynter, Phillips, J. Jeffries, Cooper and Miller:
H. B. 4408 - “A Bill to amend and reenact §20-5-15 and §20-5-16 of the Code of West Virginia, 1931, as amended, relating to the authority of the Division of Natural Resource to enter into certain contracts”; to the Committee on Agriculture and Natural Resources then Government Organization.
By Delegate Hornbuckle:
H. B. 4409 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13MM-1, relating to creating ‘The Young Professional Tax Credits’ for student loans; and allowing tax credits for student loans for graduates between ages 18 and 40, together with a refundable child care credit”; to the Committee on Finance.
By Delegates Householder and Criss:
H. B. 4410 - “A Bill to amend and reenact §11-21-37a of the Code of West Virginia, 1931, as amended, relating to specifying allocation and apportionment of income of flow-through entities and treatment of income derived from flow-through entities by recipients thereof, providing that allocation and apportionment of income for flow-through entities to be the same as allocation and apportionment of income for C corporations; specifying effective date”; to the Committee on Finance.
By Delegates Householder and Criss:
H. B. 4411 - “A Bill to amend and reenact §11-12B-3 of the Code of West Virginia, 1931, as amended, relating to the imposition of the minimum severance tax on coal; and making technical corrections to the code”; to the Committee on Energy and Manufacturing then Finance.
By Delegate Hornbuckle:
H. B. 4412 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-29-1, 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 Delegate Westfall:
H. B. 4413 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-4-24, relating to clarifying that any secondary source on insurance is not controlling authority”; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Kimble, G. Ward, Conley, Pritt, Horst, Mazzocchi, Burkhammer, Hanna, Phillips, McGeehan and Honaker:
H. B. 4414 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-14-12, relating to prohibiting colleges and universities in West Virginia from requiring the COVID-19 vaccine or booster shots associated with the COVID-19 vaccine as a prerequisite for attending in-person classes”; to the Committee on Health and Human Resources then Education.
By Delegates Hanna, Clark, Horst, Mazzocchi, Kimble, Keaton, Haynes, Hamrick, Mallow, Longanacre and Martin:
H. B. 4415 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-2L-1, §18-2L-2, §18-2L-3, §18-2L-4, §18-2L-5, §18-2L-6, §18-2L-7, §18-2L-8, §18-2L-9, §18-2L-10, §18-2L-11, and §18-2L-12; and to amend said code by adding thereto a new article, designated §18C-10-1, §18C-10-2, §18C-10-3, §18C-10-4, and §18C-10-5, all relating generally to the establishment of the Katherine Johnson Academy as magnet school programs at colleges and universities in West Virginia; defining terms; creating a board of trustees to govern the Katherine Johnson Academy; providing for membership of the board of trustees, the selection of a chair, terms of the trustees, duties and responsibilities, setting of meetings, and establishing trustees to serve without compensation; authorizing the board of trustees to perform certain duties; providing for the appointment of a president; providing for collaboration agreements for the establishment of magnet school programs; providing for restrictions on the amount that may be charged for tuition, fees, room, board, and books; authorizing the establishment of residential programs and commuter programs at colleges and universities; establishing the Academy of Mathematics and Science and the Academy for the Performing Arts; requiring the board of trustees to select certain host institutions pursuant to a competitive bidding process; establishing certain minimum eligibility requirements for students; authorizing a host institution to determine admission and enrollment; requiring students accepted and admitted into a magnet school program to receive the PROMISE scholarship; providing for students to receive a scholarship from the Katherine Johnson Scholarship Fund; providing that no county board or college or university will be required to participate in this program; requiring the Katherine Johnson Academy, the State Board of Education, and the Higher Education Policy Commission to promulgate a joint rule for the administration of the Katherine Johnson Academy; establishing the Katherine Johnson Scholarship Fund; providing for state and county support for the Katherine Johnson Scholarship Fund based upon per-pupil allocations; defining terms; and providing for rulemaking”; to the Committee on Education then Finance.
Special Calendar
Third Reading
Com. Sub. for H. B. 4252, To reduce copay cap on insulin and devices; on third reading, coming up in regular order, was read a third time.
Delegates Ellington and J. Kelly requested to be excused from voting under the provisions of House Rule 49.
The Speaker replied that the Delegates were members of a class of persons possibly to be affected and directed the Members to vote.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 44), and there were—yeas 94, nays 3, absent and not voting 3, with the nays and the absent and not voting being as follows:
Nays: Kimble, Kimes and McGeehan.
Absent and Not Voting: Brown, Pack and Pritt.
So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4252) 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. 4276, Permit WVU to create a Parkinson’s disease registry; 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. 45), and there were—yeas 91, nays 6, absent and not voting 3, with the nays and the absent and not voting being as follows:
Nays: Foster, Horst, J. Jeffries, Kimble, Kimes and Steele.
Absent and Not Voting: Brown, Pack and Pritt.
So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4276) passed.
Delegate Summers moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 46), and there were—yeas 93, nays 4, absent and not voting 3, with the nays and the absent and not voting being as follows:
Nays: Horst, J. Jeffries, Kimble and Steele.
Absent and Not Voting: Brown, Pack and Pritt.
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 H. B. 4276) 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.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
H. B. 2562, Relating to litter control,
H. B. 2882, Relating to repealing a ban on construction of nuclear power plants,
H. B. 4024, Creating a cosmetology apprentice program that allows companies to train employees for practical real-world experience,
Com. Sub. for H. B. 4266, Relating to limited liability companies,
H. B. 4288, Relating to expanding the practice of auricular acudetox to professions approved by the acupuncturist board,
H. B. 4291, Relating to authorizing legislative rules regarding higher education,
H. B. 4301, Reforming membership requirements of Huntington Park and Recreation District Board,
And,
H. B. 4308, Authorizing disclosure of juvenile information to Crime Victims Compensation Fund for investigation and award of benefits.
Leaves of Absence
At the request of Delegate Summers, and by unanimous consent, leaves of absence for the day were granted Delegates Brown, Pack and Pritt.
Miscellaneous Business
Pursuant to House Rule 94b, forms were filed with the Clerk’s Office to be added as a cosponsor of the following:
H. B. 2362: Delegate Dean;
H. B. 2817: Delegate Tully;
H. B. 4256: Delegate Booth;
H. B. 4271: Delegates Espinosa and Hott;
H. B. 4295: Delegates Espinosa and Hott;
H. B. 4326: Delegates Espinosa, Garcia and Hott;
H. B. 4386: Delegate Kimble;
H. B. 4364: Delegates Espinosa and Hott;
And,
H. B. 4399: Delegate Mandt.
Pursuant to House Rule 94b, a form was filed with the Clerk’s Office to be removed as a cosponsor of the following:
H. B. 2697: Delegate Barrett.
At 11:55 a.m., the House of Delegates adjourned until 11:00 a.m., Thursday, January 27, 2022.
HOUSE OF DELEGATES
STEPHEN J. HARRISON, Clerk
Building 1, Room M-212
1900 Kanawha Blvd., East
Charleston, WV 25305-0470