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Thursday, February 3, 2022

TWENTY-THIRD DAY

[DELEGATE HANSHAW, MR. SPEAKER, IN THE CHAIR]

      The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Roger Hanshaw, Speaker.

      Prayer was offered and the House was led in recitation of the Pledge of Allegiance.

      The Clerk proceeded to read the Journal of Wednesday, February 2, 2022, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

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. 4355, Relating to the disclosure by state institutions of higher education of certain information regarding textbooks and digital courseware and certain charges assessed for those items,

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

Delegate Queen, Chair of the Committee on Small Business, Entrepreneurship and Economic Development, submitted the following report, which was received:

Your Committee on Small Business, Entrepreneurship and Economic Development has had under consideration:

H. B. 4418, Relating to the Small Business Supplier Certification Assistance Program,

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. 4418) was referred to the Committee on Government Organization.

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. 4467, Requiring early childhood classroom assistant teacher in certain grade levels and enrollment levels in said grade levels,

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. 4467) was referred to the Committee on Finance.

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. 4105, Relating to service employees with National Association for Pupil Transportation Certifications,

And reports back a committee substitute therefor, as follows:

Com. Sub. for H. B. 4105 - “A Bill to amend and reenact §18A-4-8 of the Code of West Virginia, 1931, as amended; and to further amend said code by adding thereto a new section, designated §18A-4-23, relating to providing minimum experience requirement for director or coordinator of services class title involving school transportation; providing eligibility for candidates for professional employee positions involving supervision of a county transportation department; making any service employee who is certified as a Director or Supervisor of Pupil Transportation by the National Association for Pupil Transportation Certification; and requiring county boards to consider such candidates,”

With the recommendation that the committee substitute do pass.

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. 4380, Relating to transportation of athletic teams,

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

Com. Sub. for H. B. 4380 - “A Bill to amend and reenact §18-5-13 of the Code of West Virginia, 1931, as amended, relating to the transportation of students and passengers for extracurricular activities; increasing the number of ten-passenger vehicles which may be used for any school-sponsored activity; and clarifying that busses shall be used to transport eighteen or more passengers,”

And,

H. B. 4389, Relating to repealing school innovation zones provisions superseded by Innovation in Education Act,

And reports back a committee substitute therefor, as follows:

Com. Sub. for H. B. 4389 - “A Bill to repeal §18-5B-1, §18-5B-2, §18-5B-3, §18-5B-4, §18-5B-5, §18-5B-6, §18-5B-7, §18-5B-8, §18-5B-9, §18-5B-11, §18-5B-12, §18-5B-13 and §18-5B-14 of the Code of West Virginia, 1931, as amended; to amend and reenact §18-5B-10 of said code; and to amend and reenact §18-5E-3 of said code, all relating to repealing school innovation zones provisions superseded by Innovation in Education Act; updating exceptions to statutes granted to schools to reflect changes in underlying circumstances; updating provisions related to granted exceptions to accommodate exceptions which may be granted to innovation in education schools and school systems; and clarifying process for state board and legislative oversight commission on education accountability to approve and recommend exceptions to statutes,”

      With the recommendation that the committee substitutes 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:

S. B. 436, Correcting code citation for authority of State Fire Marshal,

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. 4370, Clarifying that the Statewide Interoperability Executive Committee is responsible to develop, update, and implement policies regarding the Statewide Interoperable Radio Network,

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. 4370) was referred to the Committee on Finance.

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. 3036, Sunsetting the Board of Sanitarians,

And reports back a committee substitute therefor, as follows:

Com. Sub. for H. B. 3036 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-17-20, relating to sunsetting the Board of Sanitarians by June 30, 2023,”

With the recommendation that the committee substitute do pass.

Delegate Statler, 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. 4087, Allowing variance in state fire code for certain buildings used solely for emergency equipment storage,

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. 4087) was referred to the Committee on Government Organization.

Delegate Kessinger, Chair of the Committee on Prevention and Treatment of Substance Abuse, submitted the following report, which was received:

Your Committee on Prevention and Treatment of Substance Abuse has had under consideration:

H. B. 2083, Relating to age verification requirements for delivery sales of tobacco,

And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Health and Human Resources.

In accordance with the former direction of the Speaker, the bill (H. B. 2083) was referred to the Committee on Health and Human Resources.

Delegate Zatezalo, Chair of the Committee on Workforce Development, submitted the following report, which was received:

Your Committee on Workforce Development has had under consideration:

H. B. 4242, Authorizing the Division of Labor to promulgate a legislative rule relating to Child Labor,

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. 4242) was referred to the Committee on Government Organization.

Delegate Zatezalo, Chair of the Committee on Workforce Development, submitted the following report, which was received:

Your Committee on Workforce Development has had under consideration:

H. B. 4366, Relating to the modernization of West Virginia’s wage and payment laws,

And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.

In accordance with the former direction of the Speaker, the bill (H. B. 4366) was referred to the Committee on the Judiciary.

Delegate Kessinger, Chair of the Committee on Prevention and Treatment of Substance Abuse, submitted the following report, which was received:

Your Committee on Prevention and Treatment of Substance Abuse has had under consideration:

H. B. 3080, Relating to making the Bureau of Behavioral Health the certifying agency for recovery residences,

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 Health and Human Resources.

Pursuant to House Rule 80, the Speaker referred H. B. 3080 to the Committee on Health and Human Resources.

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. 4153, Authorizing the Insurance Commission to promulgate a legislative rule relating to Continuing Education for Individual Insurance Producers and Individual Insurance Adjusters,

H. B. 4154, Authorizing the Insurance Commission to promulgate a legislative rule relating to adoption of Valuation Manual,

H. B. 4155, Authorizing the Insurance Commission to promulgate a legislative rule relating to Pharmacy Auditing Entities and Pharmacy Benefit Managers,

H. B. 4156, Authorizing the Insurance Commission to promulgate a legislative rule relating to Term and Universal Life Insurance Reserve Financing,

And,

H. B. 4157, Authorizing the Insurance Commission to promulgate a legislative rule relating to Bail Bondsmen in Criminal Cases,

And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on Government Organization.

In accordance with the former direction of the Speaker, the bills (H. B. 4153, H. B. 4154, H. B. 4155, H. B. 4156 and H. B. 4157) were each referred to the Committee on Government Organization.

Delegate Martin, Chair of the Committee on Political Subdivisions, submitted the following report, which was received:

Your Committee on Political Subdivisions has had under consideration:

H. B. 4353, Relating to On Cycle Elections - Voter Turnout Act,

And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.

In accordance with the former direction of the Speaker, the bill (H. B. 4353) was referred to the Committee on the Judiciary.

      Delegate Westfall, Vice 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 February, 2022, 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:

S. B. 4, Repealing ban on construction of nuclear power plants.

Reports of Select Committees

Delegate Dean, Chair of the Select Committee on Coalfield Communities, submitted the following report, which was received:

Your Select Committee on Coalfield Communities has had under consideration:

H. B. 4479, Establishing the Coalfield Communities Grant Facilitation 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. 4479) was referred to the Committee on Finance.

Messages from the Executive

A communication from His Excellency, the Governor, advised that on February 2, 2022, he approved S. B. 8 and S. B. 191.

Messages from the Senate

A message from the Senate, by

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

Com. Sub. for S. B. 138 - “A Bill to amend and reenact §30-3-5 of the Code of West Virginia, 1931, as amended, relating to West Virginia Board of Medicine composition; decreasing the number of board members; and removing a podiatric position from the board”; 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

Com. Sub. for S. B. 262 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §12-1-15, relating generally to financial institutions engaged in boycotts of energy companies; defining terms; authorizing the State Treasurer to prepare, maintain, and publish a list of financial institutions engaged in boycotts of energy companies; requiring the Treasurer to post the list on his or her website and submit the list to certain public officials; setting forth sources of information on which the Treasurer may rely on preparing the list; requiring the Treasurer to send written notice to a financial institution of its inclusion on the list; requiring the Treasurer to remove a financial institution from the list if it presents information demonstrating that it is not engaged in a boycott of energy companies; authorizing the Treasurer to exclude financial institutions on the list from the selection process for state banking contracts; authorizing the Treasurer to refuse to enter into a banking contract with a financial institution on the list; authorizing the Treasurer to require, as a term of a banking contract, an agreement by the financial institution not to engage in a boycott of energy companies; and limiting liability of public officials, public employees, members or employees of financial institutions for actions taken in compliance with the new code section and exempting the Investment Management Board”; which was referred to the Committee on Banking and Insurance 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. 492 - “A Bill to amend and reenact §17-16D-11 of the Code of West Virginia, 1931, as amended, relating to the electronic collection of tolls; and providing that nonrenewal of vehicle registration provisions shall become effective whenever a reciprocal enforcement agreement is entered into by the West Virginia Parkways Authority, the Commissioner of Motor Vehicles, and any state sharing a common border with this state”; which was referred to the Committee on Government Organization.

Resolutions Introduced

Delegates J. Jeffries, Mazzocchi, Linville, Holstein, Maynard, Dean, Paynter, Haynes and G. Ward offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 44 - “Proclaiming and making the fiddle the official musical instrument of the State of West Virginia.”

Whereas, The fiddle arrived in Appalachia in the 18^th century with immigrants from the British Isles, bringing with them the musical traditions of their countries. These traditions consisted primarily of English and Scottish ballads, which were essentially unaccompanied narratives, and dance music, such as Irish reels, which were accompanied by a fiddle. The fiddle soon became a staple of life in West Virginia, being played in churches, in logging and mining camps, at weddings and summer picnics, and in the homes and on porches of many West Virginians. It has remained so ever since, being showcased in music festivals around the state, from the Augusta Festival in Elkins, the Vandalia Gathering held on the grounds at the State Capitol, and the Appalachian String Band Festival at Camp Washington-Carver in Clifftop, just to name a few. West Virginia has also produced some of the finest fiddlers in the nation, and continues to do so; and

Whereas, Fiddler Blind Alfred Reed was born on June 15, 1880, and was one of the artists who recorded at the Bristol Sessions in 1927, along with Jimmie Rogers and the Carter Family, which are the first recordings of traditional country music. He was raised in a very conservative family and acquired a violin at a young age. Later, he began performing at county fairs, in country schoolhouses, for political rallies and in churches. He even played on street corners for tips. He used to sell printed copies of his compositions for ten cents each. After the Bristol Sessions, Mr. Reed recorded his most famous song, that is still being sung today, “How Can a Poor Man Stand Such Times and Live”. After 1929, he stopped recording, but continued to perform locally until 1937 when a law was passed prohibiting blind street musicians. He is buried in Elgood and was inducted into the West Virginia Music Hall of Fame in 2007; and

Whereas, Edwin “Edden” Hammons was born in 1874 and is considered by many to have been one of the finest traditional West Virginia fiddlers of all time, and tales of his musical exploits and eccentric lifestyle flourish among the inhabitants of mountainous east central West Virginia. Mr. Hammons was the youngest of four brothers and three sisters, and his musical abilities were soon recognized to be superior to that of his siblings. Family tradition holds that his ability was recognized and encouraged at an early age and that the boy was spared his share of the burdens of frontier living as a result. Mr. Hammons’s first attempt in music was with a fiddle made from a gourd. He soon progressed and he secured a store-bought fiddle and there was no dispute that he could draw out exquisite harmonies from the instrument. Whether because of immaturity or musical passion, Mr. Hammons refused to lay his fiddle down “like most men did” as he grew older and was faced with supporting a family. Mr. Hammons’s three-week marriage to Caroline Riddle in 1892 came to a head when Caroline demanded that Edden either quit playing fiddle and go to work or she would leave. Given the ultimatum, Mr. Hammons chose the fiddle. When he was older, Mr. Hammons participated in five to ten fiddle contests each year, and rarely came away with less than first prize. Perhaps Mr. Hammons’s most distinguished contest adversary was Lewis “Jack” McElwain, regarded by many others at the time to be the premier fiddler in the State of West Virginia. Mr. McElwain’s accomplishments included a first-place finish at the 1893 World’s Fair in Chicago. At a contest in Marlinton in 1909, Mr. McElwain and Mr. Hammons tied for top honors. Later, there were disagreements about the selection of judges, and Mr. Hammons insisted that the judging be left to the attendees. Mr. Hammons usually won; and

Whereas, Fiddler Melvin Wine was born in Burnsville in 1909. At the age of nine, he began to play his first fiddle tunes by sneaking out his father’s prized possession, the fiddle. Mr. Wine eventually gained the courage to inform his mother of the progress he had made with his father’s fiddle. One evening his mother bravely shared this with his father. At the time, Mr. Wine believed he might receive a whipping for sneaking out the fiddle. But instead, from this point on, his father supported the young boy’s efforts. Mr. Wine’s father learned the fiddle tunes that he passed on to Melvin from his father, Nels, Mr. Wine’s grandfather. Mr. Wine passed away in 2003; and

Whereas, Mr. Clark Kessinger was born in Lincoln County on July 27, 1896. Mr. Kessinger began playing the banjo when he was five years old and two years later, he performed at local saloons with his father. He switched to fiddle and began performing at country dances. After serving in the Navy, Mr. Kessinger’s reputation as a fiddler increased and he visited many local fiddling contests. He teamed up with his nephew Luches “Luke” Kessinger performing at various locations. In 1927 Mr. Kessinger and Luches Kessinger had their own radio show at the newly opened station WOBU in Charleston. On February 11, 1928, the Kessingers recorded twelve sides for the Brunswick-Balke-Collender recording company. In the late 1920s, the Kessingers records were best sellers, including “Wednesday Night Waltz”, “Turkey in the Straw”, “Hell Among Yearlings”, “Tugboat” and “Salt River”. Mr. Kessinger was also greatly influenced by classical violin players such as Fritz Kreisler, Joseph Szigeti and Jascha Heifetz. Following his last recording session on September 20, 1930, Mr. Kessinger retired as a recording artist. But in 1963 he was rediscovered and soon was competing at several fiddling contests. In August 1964, Mr. Kessinger formed a string band in Galax, Virginia, winning first prize in the string band category. In April 1971, he won the World’s Champion Fiddle Prize at the 47th Old-time Fiddler’s Convention in Union Grove, North Carolina. Three more albums followed on Kanawha Records. His albums were later reissued on Folkways and Country Roads. In 1971 Mr. Kessinger recorded 12 tracks for the newly formed Rounder Records. The record company had plans to record many albums with Kessinger but before they could initiate what they had planned, Mr. Kessinger had a stroke and collapsed on the scene at a fiddler’s convention in Virginia. His left hand became numb, and he was unable to play the fiddle for the remainder of his life. Rounder released his recordings as “Clark Kessinger: Old-time Music with Fiddle and Guitar”. He died in 1975 and was inducted into the West Virginia Music Hall of Fame in 2007; and

Whereas, Ed Haley was born in 1885 and was one of the best-known fiddlers in his region of Appalachia. He traveled frequently and performed in a variety of venues and played over WLW in Cincinnati. He also made occasional studio recordings for friends, such as for Doc Holbrook in Greenup, Kentucky. He seldom recorded commercially because he was worried that record companies would take advantage of a blind man. Late in life, he made recordings for the family on a Wilcox-Gay disc-cutting machine brought home from the service by his stepson, Ralph. The recording featured Ed, Ella, Ralph (on guitar), and daughter Mona (vocals). Ralph eventually distributed the recordings among his five siblings. Eventually, about one-third to one-half of those recordings were released to Rounder Records, but it is estimated that two-thirds of Mr. Haley’s recordings are still missing. Beginning in 1990, legendary bluegrass, folk musician and songwriter John Hartford began researching the story of Mr. Haley’s life and music. Generally, Mr. Hartford spent the last years of his life promoting Mr. Haley and his significance in the world of music. He learned a number of Haley’s tunes and recorded them on the Grammy-nominated album, “Wild Hog in the Red Brush” and “Speed of the Old Long Bow: A Tribute to Ed Haley”. Mr. Hartford and Brandon Kirk, a Harts-area historian and genealogist, collaborated on a Haley book project from 1995 until Hartford’s death in 2001. In March 2000, the “Smithsonian” magazine featured a story about their research. In October 2015, Ed Haley was inducted into the West Virginia Music Hall of Fame; and

Whereas, Tim O’Brien was born on March 16, 1954, in Wheeling and plays guitar, fiddle, mandolin, banjo, bouzouki, and mandocello. He has released more than ten studio albums, in addition, to charting a duet with Kathy Mattea entitled, “The Battle Hymn of Love”, a No. 9 hit on the Billboard Hot Country charts in 1990. He eventually moved to Boulder, Colorado, in the 1970s and became part of the music scene there. In Colorado, he met guitarist Charles Sawtelle, banjoist Pete Wernick and bassist/vocalist Nick Forster with whom he formed Hot Rize in 1978. Over the next twelve years, the quartet earned recognition as one of America’s most innovative and entertaining bluegrass bands. In 2005, O’Brien won a Grammy Award for Best Traditional Folk Album for “Fiddler’s Green”. In 1993 and 2006, O’Brien was honored with the International Bluegrass Music Association’s (IBMA)’s Male Vocalist of the Year award. His band Hot Rize was the IBMA’s first Entertainer of the Year in 1990. In November 2013 he was inducted into the West Virginia Music Hall of Fame; and

Whereas, Glenville resident Buddy Griffin was born at Richwood on September 22, 1948, and recalling his Nicholas County childhood has said “Everybody in the family played music. It was never expected, it was never forced on us. Nobody ever handed us an instrument and said, ‘You have to play this’. It was just trying to be part of what was going on, “cause there was always music at the house.” Mr. Griffin was a part of his family’s music from an early age. “The first instrument I ever touched was a bass fiddle. They kept it leaned up behind the couch. I’d stand up on the couch when I was about five, maybe six. I couldn’t note it, but I could play the strings. So, if they’d play some old fiddle tune, I’d have all three chords to go with it. I’d stand there and just play the strings.” He soon learned to play the guitar, mandolin, fiddle, and banjo. His parents were good singers especially in the style of the Carter Family, and they taught their children the older country music. The Griffin children, however, tended toward the faster, more modern bluegrass. Erma played the guitar and bass and sang harmony. Richard played guitar and fiddle, along with other instruments, and sang the lead. Richard’s father, Joe Griffin, born in 1883, played the old claw hammer style of banjo. Joe traveled to logging camps in Roane, Lincoln, and Calhoun counties and played dances on Saturday nights with some of the local fiddlers, mostly Enoch Camp. Parts of Mr. Griffin’s family tree can be traced to Revolutionary War times; some of his ancestors reportedly received land grants from General Washington. Mr. Griffin later became a staff musician at WWVA’s Jamboree USA in Wheeling, played more than 200 times on the Grand Ole Opry, toured the country for more than 30 years with some of the biggest names in country and bluegrass music, appeared on more than 150 record albums, and established the world’s first college degree program in bluegrass music at Glenville State College. In May 2011, he received the coveted Vandalia Award, recognizing his lifetime of devotion to entertainment and education; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature of West Virginia hereby proclaims and makes the fiddle the official musical instrument of the State of West Virginia; and, be it

Further Resolved, That the Legislature of West Virginia recognizes the importance and significance of the fiddle in West Virginia’s history, traditions, and culture; and, be it

Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to Buddy Griffin; Tim O’Brien; Clark Kessinger’s daughter; Frances Goad; the descendants of West Virginia’s other great fiddle players, Blind Alfred Reed, Edwin Hammons, Melvin Wine, and Ed Haley; the West Virginia Music Hall of Fame; the Friends of Old Time Music and Dance (FOOTMAD) and Stan Bumgardner, Editor of “Goldenseal”, the official state magazine of West Virginia traditional life.

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

H. C. R. 45 - “Requesting the Division of Highways name bridge number 24-005/02-004.51 (24A031), (37.41379, -81.78366), locally known as Avondale Bridge, carrying CR 5/2 over Dry Fork in McDowell County, the ‘U. S. Army SP4 Dennis Harvey Roberts Memorial Bridge’.”

Whereas, U.S. Army Specialist Dennis Harvey Roberts was born on April 12, 1949, in McDowell County; and

Whereas, Specialist Roberts was a resident of Avondale, West Virginia for nearly 40 years. He was a well-respected member of the Avondale Community. He raised a family there, in the community he loved so much. “Ritter Hollow” as the locals call it, is home to Avondale. Specialist Roberts lived “up the hollow” for nearly 50 years. As a young man, he became a member of the United States Army. He was deployed to Vietnam, where he would spend 11 months and 15 days in the defense of our country. Specialist Roberts’ last duty assignment was Troop A 2™ Squadron 1* Cavalry, 24 Armed Division, Fort Hood, Fourth Army. Specialist Roberts was a combat infantry man and was specially trained in auto mechanics, track, and vehicle mechanics; and

Whereas, Specialist Roberts was a highly decorated soldier, having been awarded the following commendations by the Army: National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal with one Bronze Star, Republic of Vietnam Campaign Medal, Marksman with Rifle bar, and Combat Infantry Badge; and

Whereas, Specialist Roberts was honorably discharged from the Army on April 1, 1975. He suffered from Post-Traumatic Stress Disorder (PTSD), a challenge he worked to overcome each day of his life. He also suffered a hearing loss in both ears, as result of his battlefield service. Specialist Roberts lost his struggle with PTSD and his life on June 18, 2016. Specialist Roberts demonstrated many hours of community service to not only Avondale, but to McDowell County. He has given countless hours of support to community activities such as local school groups and activities; and

Whereas, It is fitting that an enduring memorial be established to commemorate U.S. Army Specialist Dennis Harvey Roberts and his contributions to our country and state; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name bridge number 24-005/02-004.51 (24A031), (37.41379, -81.78366), locally known as Avondale Bridge, carrying CR 5/2 over Dry Fork in McDowell County, the “U. S. Army SP4 Dennis Harvey Roberts 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 SP4 Dennis Harvey Roberts 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.

Bills Introduced

Bills were introduced, pursuant to House Rule 92, and severally referred as follows:

By Delegates Householder, Summers, Espinosa, Linville, Criss, Graves, Riley, Rowan, Gearheart, Hott and Ellington:

H. B. 4007 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-4g; to amend and reenact §11B-2-20 of said code; and to amend said code by adding thereto a new section, designated §11B-2-33, all relating to reducing personal income tax rates generally; reducing rates by certain amounts after December 31, 2022; creating  stabilization and future economic reform fund from which expenditures may be made only upon appropriation of the Legislature and solely for the purpose of reducing the rates of personal income tax in accordance with this and future Acts of the Legislature; and directing the secretary of revenue to annually cause to be deposited into the stabilization and future economic reform fund the first 50 percent of all surplus revenues, if any, determined to have accrued during the fiscal year just ended instead of directing the secretary of revenue to annually of causing those surplus revenues to be deposited into the revenue shortfall reserve fund”; to the Committee on Finance.

By Delegates Barrett, Dean, Linville, Steele, Pack and Wamsley:

H. B. 4010 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-1-3tt; to amend said code by adding there to a new section, designated §8-12-5h; to amend and reenact §24-3-5 of said code; to amend and reenact §31D-1-125, §31D-1-150, §31D-1-151, and §31D-1-152 of said code; to amend said code by adding thereto a new section, designated §31D-6-605; to amend and reenact §31D-6-625 of said code; to amend and reenact §31D-7-720 of said code; to amend and reenact §31D-7-724 of said code; to amend and reenact §31D-7-730 of said code; to amend and reenact §31D-16-1601 and §31D-16-1603 of said code; to amend said code by adding thereto a new section, designated §31D-16-1607; to amend and reenact §31E-1-150, and §31E-1-151 of said code; to amend and reenact §31E-15-1501, and §31E-15-1503 of said code; to amend said code by adding thereto a new section, designated §31E-15-1507; to amend said code by adding thereto a new chapter, designated §31I-1-101,  §31I-1-102, §31I-2-201, §31I-2-202, §31I-2-203, §31I-2-204, §31I-2-205, and §31I-2-206; to amend and reenact §32-4-401, and §32-4-402 of said code; to amend and reenact §32A-2-1, §32A-2-3, and §32A-2-22 of said code; to amend said code by adding thereto a new article, designated §39A-4-101, §39A-4-102, §39A-4-103, §39A-4-201, §39A-4-202, §39A-4-203, §39A-4-204, and §39A-4-205; to amend and reenact §46A-6-102 of said code; to amend and reenact §47-9-1 of said code; to amend said code by adding thereto a new section, designated §47-9-59a; to amend and reenact §47B-1-1 of said code; and to amend said code by adding thereto a new section, designated §47B-11-6, all relating to digital assets; recognizing virtual currency; prohibiting taxation of virtual currency by counties and municipalities; defining terms; prohibiting public utilities from charging fees or infringing upon the use of energy used in mining of digital or virtual currency; setting out duties of the Secretary of State; providing for the development of a blockchain filing system; providing for rulemaking; providing for notice requirements; setting out various effective dates; providing for use of blockchain by corporations and corporate shareholders; allowing for corporate shares may be issued by certificate tokens; providing for elements for use of data address in shareholder meetings and voting; providing for network signatures in corporate voting; allowing for corporate, nonprofit corporate, partnerships, limited partnerships, record keeping on an information storage device; providing for conversion of electronic records to writing; providing for admissibility of records as evidence; creating the Digital Assets Act; providing for a short title, setting our legislative findings; creating blockchain enabled institutions; providing blockchain institutions shall be established as a business corporation; setting powers and duties of blockchain institutions; providing for applicability of federal and state law; providing for required disclosures of blockchain institutions; providing for continuing jurisdiction of blockchain institutions during liquidation or conservatorship; making the Consumer Credit Protection Act applicable to blockchain institutions; providing for voluntary dissolution of blockchain institutions; providing for exemptions from securities regulations in certain circumstances; exempting virtual currency from regulation as checks and money order sales, money transmission services, transportation and current exchange; creating the Utility Token Act; providing for legislative findings; defining terms; classifying blockchain tokens as intangible personal property; setting out requirements for a blockchain token facilitator; making willful failure to comply with the act an unlawful trade practice; allowing referral for investigation and prosecution by secretary of state; providing for classification of digital assets as intangible personal property in certain circumstance; providing for procedure for perfection of security interest in digital assets; allowing state chartered banks to provide custodial service of digital assets; setting out duties of a bank to act as a qualified custodian; requiring banks to have an independent accountant conduct an examination consistent with federal law; providing that digital assets held in custody are not depositor liabilities or assets of a bank; establishing nature of relationship between the customer and a bank in custodial arrangements; allowing rulemaking of the banking commissioner; providing for jurisdiction of courts with respect to digital assets; and making the Consumer Credit Protection Act applicable to custodial arrangements”; to the Committee on Banking and Insurance then the Judiciary.

By Delegates Hanshaw (Mr. Speaker) and Skaff

[By Request of the Executive]:

H. B. 4523 - “A Bill supplementing and amending the appropriations of public moneys out of the Treasury in the State Fund, General Revenue, State Road Fund, Lottery Net Profits, Other Funds (special), and federal moneys remaining unappropriated for the fiscal year ending June 30, 2022, by increasing items of appropriation to the Executive, Governor’s Office, fund 0101, fiscal year 2022, organization 0100; to the Executive, Governor’s Office – Custodial Fund, fund 0102, fiscal year 2022, organization 0100; to the Executive, Auditor’s Office – General Administration, fund 0116, fiscal year 2022, organization 1200; to the Executive, Treasurer’s Office, fund 0126, fiscal year 2022, organization 1300; to the Executive, Department of Agriculture, fund 0131, fiscal year 2022, organization 1400; to the Executive, West Virginia Conservation Agency, fund 0132, fiscal year 2022, organization 1400; to the Executive, Department of Agriculture – Meat Inspection Fund, fund 0135, fiscal year 2022, organization 1400; to the Executive, Department of Agriculture, fund 0607, fiscal year 2022, organization 1400; to the Executive, Attorney General, fund 0150, fiscal year 2022, organization 1500; to the Department of Administration, Department of Administration – Office of the Secretary, fund 0186, fiscal year 2022, organization 0201; Department of Administration, Division of Finance, fund 0203, fiscal year 2022, organization 0209; to the Department of Administration, Division of General Services, fund 0230, fiscal year 2022, organization 0211; to the Department of Administration, Division of Purchasing, fund 0210, fiscal year 2022, organization 0213; to the Department of Administration, Travel Management, fund 0615, fiscal year 2022, organization 0215; to the Department of Administration, West Virginia Public Employees Grievance Board, fund 0220, fiscal year 2022, organization 0219; to the Department of Administration, Ethics Commission, fund 0223, fiscal year 2022, organization 0220; to the Department of Administration, Public Defender Services, fund 0226, fiscal year 2022, organization 0221; Department of Administration, West Virginia Prosecuting Attorneys Institute, fund 0557, fiscal year 2022, organization 0228; to the Department of Administration, Real Estate Division, fund 0610, fiscal year 2022, organization 0233; to the Department of Commerce, Division of Forestry, fund 0250, fiscal year 2022, organization 0305; to the Department of Commerce, Geological and Economic Survey, fund 0253, fiscal year 2022, organization 0306; Department of Commerce, Division of Labor, fund 0260, fiscal year 2022, organization 0308; Department of Commerce, Division of Natural Resources, fund 0265, fiscal year 2022, organization 0310; Department of Commerce, Division of Miners’ Health, Safety and Training, fund 0277, fiscal year 2022, organization 0314; to the Department of Commerce, Board of Coal Mine Health and Safety, fund 0280, fiscal year 2022, organization 0319; to the Department of Commerce, Department of Commerce – Office of the Secretary, fund 0606, fiscal year 2022, organization 0327; to the Department of Commerce, State Board of Rehabilitation – Division of Rehabilitation Services, fund 0310, fiscal year 2022, organization 0932; to the Department of Economic Development, Department of Economic Development – Office of the Secretary, fund 0256, fiscal year 2022, organization 0307; to the Department of Economic Development, Department of Economic Development – Office of Energy, fund 0612, fiscal year 2022, organization 0328; to the Department of Education, State Board of Education – School Lunch Program, fund 0303, fiscal year 2022, organization 0402; to the Department of Education, State Board of Education – State Department of Education, fund 0313, fiscal year 2022, organization 0402; to the Department of Education, State Board of Education – Aid for Exceptional Children, fund 0314, fiscal year 2022, organization 0402; to the Department of Education, State Board of Education – State Aid to Schools, fund 0317, fiscal year 2022, organization 0402; to the Department of Education, State Board of Education – Vocational Division, fund 0390, fiscal year 2022, organization 0402; to the Department of Education, State Board of Education – West Virginia Schools for the Deaf and the Blind, fund 0320, fiscal year 2022, organization 0403; to the Department of Arts, Culture, and History, Division of Culture and History, fund 0293, fiscal year 2022, organization 0432; to the Department of Arts, Culture, and History, Library Commission, fund 0296, fiscal year 2022, organization 0433; to the Department of Arts, Culture, and History, Educational Broadcasting Authority, fund 0300, fiscal year 2022, organization 0439; to the Department of Environmental Protection, Environmental Quality Board, fund 0270, fiscal year 2022, organization 0311; to the Department of Environmental Protection, Division of Environmental Protection, fund 0273, fiscal year 2022, organization 0313; to the Department of Health and Human Resources, Department of Health and Human Resources – Office of the Secretary, fund 0400, fiscal year 2022, organization 0501; to the Department of Health and Human Resources, Division of Health – Central Office, fund 0407, fiscal year 2022, organization 0506; to the Department of Health and Human Resources, Consolidated Medical Services Fund, fund 0525, fiscal year 2022, organization 0506; to the Department of Health and Human Resources, Human Rights Commission, fund 0416, fiscal year 2022, organization 0510; to the Department of Health and Human Resources, Division of Human Services, fund 0403, fiscal year 2022, organization 0511; to the Department of Homeland Security, Department of Homeland Security – Office of the Secretary, fund 0430, fiscal year 2022, organization 0601; to the Department of Homeland Security, Division of Emergency Management, fund 0443, fiscal year 2022, organization 0606; to the Department of Homeland Security, Division of Corrections and Rehabilitation – West Virginia Parole Board, fund 0440, fiscal year 2022, organization 0608; to the Department of Homeland Security, Division of Corrections and Rehabilitation – Correctional Units, fund 0450, fiscal year 2022, organization 0608; to the Department of Homeland Security, Division of Corrections and Rehabilitation – Bureau of Juvenile Services, fund 0570, fiscal year 2022, organization 0608; to the Department of Homeland Security, West Virginia State Police, fund 0453, fiscal year 2022, organization 0612; to the Department of Homeland Security, Division of Protective Services, Fund 0585, fiscal year 2022, organization 0622; to the Department of Homeland Security, Division of Justice and Community Services, fund 0546, fiscal year 2022, organization 0623; to the Department of Homeland Security, Division of Administrative Services, fund 0619, fiscal year 2022, organization 0623; to the Department of Revenue, Office of the Secretary, fund 0465, fiscal year 2022, organization 0701; to the Department of Revenue, Tax Division, fund 0470, fiscal year 2022, organization 0702; to the Department of Revenue, State Budget Office, fund 0595, fiscal year 2022, organization 0703; to the Department of Revenue, West Virginia Office of Tax Appeals, fund 0593, fiscal year 2022, organization 0709; to the Department of Transportation, State Rail Authority, fund 0506, fiscal year 2022, organization 0804; to the Department of Transportation, Aeronautics Commission, fund 0582, fiscal year 2022, organization 0807; to the Department of Veterans’ Assistance, fund 0456, fiscal year 2022, organization 0613; to the Department of Veterans’ Assistance, Department of Veterans’ Assistance – Veterans’ Home, fund 0460, fiscal year 2022, organization 0618; to the West Virginia Council for Community and Technical College Education, West Virginia Council for Community and Technical College Education – Control Account, fund 0596, fiscal year 2022, organization 0420; to the West Virginia Council for Community and Technical College Education, Mountwest Community and Technical College, fund 0599, fiscal year 2022, organization 0444; to the West Virginia Council for Community and Technical College Education, New River Community and Technical College, fund 0600, fiscal year 2022, organization 0445; to the West Virginia Council for Community and Technical College Education, Pierpont Community and Technical College, fund 0597, fiscal year 2022, organization 0446; to the West Virginia Council for Community and Technical College Education, Blue Ridge Community and Technical College, fund 0601, fiscal year 2022, organization 0447; to the West Virginia Council for Community and Technical College Education, West Virginia University of Parkersburg, fund 0351, fiscal year 2022, organization 0464; to the West Virginia Council for Community and Technical College Education, Southern West Virginia Community and Technical College, fund 0380, fiscal year 2022, organization 0487; to the West Virginia Council for Community and Technical College Education, West Virginia Northern Community and Technical College, fund 0383, fiscal year 2022, organization 0489; to the West Virginia Council for Community and Technical College Education, Eastern West Virginia Community and Technical College, fund 0587, fiscal year 2022, organization 0492; to the West Virginia Council for Community and Technical College Education, BridgeValley Community and Technical College, fund 0618, fiscal year 2022, organization 0493; to the Higher Education Policy Commission, Higher Education Policy Commission – Administration – Control Account, fund 0589, fiscal year 2022, organization 0441; to the Higher Education Policy Commission, West Virginia University – School of Medicine Medical School Fund, fund 0343, fiscal year 2022, organization 0463; to the Higher Education Policy Commission, West Virginia University – General Administrative Fund, fund 0344, fiscal year 2022, organization 0463; to the Higher Education Policy Commission, Marshall University – School of Medicine, fund 0347, fiscal year 2022, organization 0471; to the Higher Education Policy Commission, Marshall University – General Administration Fund, fund 0348, fiscal year 2022, organization 0471; to the Higher Education Policy Commission, West Virginia School of Osteopathic Medicine, fund 0336, fiscal year 2022, organization 0476; to the Higher Education Policy Commission, Bluefield State College, fund 0354, fiscal year 2022, organization 0482; to the Higher Education Policy Commission, Concord University, fund 0357, fiscal year 2022, organization 0483; to the Higher Education Policy Commission, Fairmont State University, fund 0360, fiscal year 2022, organization 0484; to the Higher Education Policy Commission, Glenville State College, fund 0363, fiscal year 2022, organization 0485; to the Higher Education Policy Commission, Shepherd University, fund 0366, fiscal year 2022, organization 0486; to the Higher Education Policy Commission, West Liberty University, fund 0370, fiscal year 2022, organization 0488; to the Higher Education Policy Commission, West Virginia State University, fund 0373, fiscal year 2022, organization 0490; to the Higher Education Policy Commission, Higher Education Policy Commission – Administration – West Virginia Network for Educational Telecomputing (WVNET), fund 0551, fiscal year 2022, organization 0495; to the Miscellaneous Boards and Commissions, Adjutant General – State Militia, fund 0433, fiscal year 2022, organization 0603; to the Department of Transportation, Division of Motor Vehicles, fund 9007, fiscal year 2022, organization 0802; to the Department of Transportation, Division of Highways, fund 9017, fiscal year 2022, organization 0803; to the Executive, Governor’s Office – Minority Affairs Fund, fund 1058, fiscal year 2022, organization 0100; to the Executive, Auditor’s Office – Land Operating Fund, fund 1206, fiscal year 2022, organization 1200; to the Executive, Auditor’s Office – Local Government Purchasing Card Expenditure Fund, fund 1224, fiscal year 2022, organization 1200; to the Executive, Auditor’s Office – Securities Regulation Fund, fund 1225, fiscal year 2022, organization 1200; to the Executive, Auditor’s Office – Purchasing Card Administration Fund, fund 1234, fiscal year 2022, organization 1200; to the Executive, Auditor’s Office – Chief Inspector’s Fund, fund 1235, fiscal year 2022, organization 1200; to the Executive, Treasurer’s Office – College Prepaid Tuition and Savings Program Administrative Account, fund 1301, fiscal year 2022, organization 1300; to the Executive, Department of Agriculture – Agriculture Fees Fund, fund 1401, fiscal year 2022, organization 1400; to the Executive, Department of Agriculture – West Virginia Rural Rehabilitation Program, fund 1408, fiscal year 2022, organization 1400; to the Executive, Department of Agriculture – General John McCausland Memorial Farm Fund, fund 1409, fiscal year 2022, organization 1400; to the Executive, Department of Agriculture – Farm Operating Fund, fund 1412, fiscal year 2022, organization 1400; to the Executive, Department of Agriculture – Donated Food Fund, fund 1446, fiscal year 2022, organization 1400; to the Executive, Attorney General – Preneed Burial Contract Regulation Fund, fund 1513, fiscal year 2022, organization 1500; to the Executive, Secretary of State – Service Fees and Collection Account, fund 1612, fiscal year 2022, organization 1600; to the Executive, Secretary of State – General Administrative Fees Account, fund 1617, fiscal year 2022, organization 1600; to the Department of Administration, Department of Administration – Division of Finance – Shared Services Section Fund, fund 2020, fiscal year 2022, organization 0209; to the Department of Administration, Division of Information Services and Communications, fund 2220, fiscal year 2022, organization 0210; to the Department of Administration, Division of Purchasing – Vendor Fee Fund, fund 2263, fiscal year 2022, organization 0213; to the Department of Administration, Division of Purchasing – Purchasing Improvement Fund, fund 2264, fiscal year 2022, organization 0213; to the Department of Administration, Fleet Management Division Fund, fund 2301, fiscal year 2022, organization 0216; to the Department of Administration, Division of Personnel, fund 2440, fiscal year 2022, organization 0222; to the Department of Administration, West Virginia Prosecuting Attorneys Institute, fund 2521, fiscal year 2022, organization 0228; to the Department of Administration, Office of Technology – Chief Technology Officer Administration Fund, fund 2531, fiscal year 2022, organization 0231; to the Department of Commerce, Division of Forestry – Timbering Operations Enforcement Fund, fund 3082, fiscal year 2022, organization 0305; to the Department of Commerce, Division of Labor – HVAC Fund, fund 3186, fiscal year 2022, organization 0308; to the Department of Commerce, Division of Labor – Elevator Safety Fund, fund 3188, fiscal year 2022, organization 0308; to the Department of Commerce, Division of Labor – Steam Boiler Fund, fund 3189, fiscal year 2022, organization 0308; to the Department of Commerce, Division of Labor – Crane Operator Certification Fund, fund 3191, fiscal year 2022, organization 0308; to the Department of Commerce, Division of Labor – Amusement Rides and Amusement Attraction Safety Fund, fund 3192, fiscal year 2022, organization 0308; to the Department of Commerce, Division of Labor – State Manufactured Housing Administration Fund, fund 3195, fiscal year 2022, organization 0308; Department of Commerce, Division of Labor – Bedding and Upholstery Fund, fund 3198, fiscal year 2022, organization 0308; to the Department of Commerce, Division of Natural Resources – License Fund – Wildlife Resources, fund 3200, fiscal year 2022, organization 0310; to the Department of Commerce, Division of Natural Resources – Nongame Fund, fund 3203, fiscal year 2022, organization 0310; to the Department of Commerce, Division of Natural Resources – Planning and Development Division, fund 3205, fiscal year 2022, organization 0310; to the Department of Commerce, Division of Natural Resources – Whitewater Study and Improvement Fund, fund 3253, fiscal year 2022, organization 0310; to the Department of Commerce, Division of Miners’ Health, Safety and Training – Special Health, Safety and Training Fund, fund 3355, fiscal year 2022, organization 0314; to the Department of Commerce, Department of Commerce – Office of the Secretary – Marketing and Communications Operating Fund, fund 3002, fiscal year 2022, organization 0327; to the Department of Economic Development, Department of Economic Development – Office of the Secretary – Office of Coalfield Community Development, fund 3162, fiscal year 2022, organization 0307; to the Department of Education, School Building Authority, fund 3959, fiscal year 2022, organization 0404; to the Department of Arts, Culture, and History, Division of Culture and History – Public Records and Preservation Revenue Account, fund 3542, fiscal year 2022, organization 0432; to the Department of Environmental Protection, Solid Waste Management Board, fund 3288, fiscal year 2022, organization 0312; to the Department of Environmental Protection, Division of Environmental Protection – Hazardous Waste Management Fund, fund 3023, fiscal year 2022, organization 0313; to the Department of Environmental Protection, Division of Environmental Protection – Air Pollution Education and Environment Fund, fund 3024, fiscal year 2022, organization 0313; to the Department of Environmental Protection, Division of Environmental Protection – Special Reclamation Fund, fund 3321, fiscal year 2022, organization 0313; to the Department of Environmental Protection, Division of Environmental Protection – Oil and Gas Reclamation Fund, fund 3322, fiscal year 2022, organization 0313; to the Department of Environmental Protection, Division of Environmental Protection – Oil and Gas Operating Permit and Processing Fund, fund 3323, fiscal year 2022, organization 0313; to the Department of Environmental Protection, Division of Environmental Protection – Mining and Reclamation Operations Fund, fund 3324, fiscal year 2022, organization 0313; to the Department of Environmental Protection, Division of Environmental Protection – Underground Storage Tank Administrative Fund, fund 3325, fiscal year 2022, organization 0313; to the Department of Environmental Protection, Division of Environmental Protection – Hazardous Waste Emergency Response Fund, fund 3331, fiscal year 2022, organization 0313; to the Department of Environmental Protection, Division of Environmental Protection – Solid Waste Reclamation and Environmental Response Fund, fund 3332, fiscal year 2022, organization 0313; to the Department of Environmental Protection, Division of Environmental Protection – Solid Waste Enforcement Fund, fund 3333, fiscal year 2022, organization 0313; to the Department of Environmental Protection, Division of Environmental Protection – Air Pollution Control Fund, fund 3336, fiscal year 2022, organization 0313; to the Department of Environmental Protection, Division of Environmental Protection – Environmental Laboratory Certification Fund, fund 3340, fiscal year 2022, organization 0313; to the Department of Environmental Protection, Division of Environmental Protection – Recycling Assistance Fund, fund 3487, fiscal year 2022, organization 0313; to the Department of Environmental Protection, Division of Environmental Protection – Mountaintop Removal Fund, fund 3490, fiscal year 2022, organization 0313; to the Department of Environmental Protection, Oil and Gas Conservation Commission – Special Oil and Gas Conservation Fund, fund 3371, fiscal year 2022, organization 0315; to the Department of Health and Human Resources, Division of Health – The Vital Statistics Account, fund 5144, fiscal year 2022, organization 0506; to the Department of Health and Human Resources, Division of Health – Laboratory Services Fund, fund 5163, fiscal year 2022, organization 0506; to the Department of Health and Human Resources, Division of Health – The Health Facility Licensing Account, fund 5172, fiscal year 2022, organization 0506; to the Department of Health and Human Resources, Division of Health – West Virginia Birth-to-Three Fund, fund 5214, fiscal year 2022, organization 0506; to the Department of Health and Human Resources, West Virginia Health Care Authority – Health Care Cost Review Fund, fund 5375, fiscal year 2022, organization 0507; to the Department of Health and Human Resources, West Virginia Health Care Authority – Certificate of Need Program Fund, fund 5377, fiscal year 2022, organization 0507; to the Department of Health and Human Resources, Division of Human Services – Health Care Provider Tax – Medicaid State Share Fund, fund 5090, fiscal year 2022, organization 0511; to the Department of Health and Human Resources, Division of Human Services – Medical Services Trust Fund, fund 5185, fiscal year 2022, organization 0511; to the Department of Homeland Security, Division of Corrections and Rehabilitation – Parolee Supervision Fees, fund 6362, fiscal year 2022, organization 0608; to the Department of Homeland Security, Division of Corrections and Rehabilitation – Regional Jail and Correctional Facility Authority, fund 6675, fiscal year 2022, organization 0608; to the Department of Homeland Security, West Virginia State Police – Motor Vehicle Inspection Fund, fund 6501, fiscal year 2022, organization 0612; to the Department of Homeland Security, West Virginia State Police – Forensic Laboratory Fund, fund 6511, fiscal year 2022, organization 0612; to the Department of Homeland Security, West Virginia State Police – Central Abuse Registry Fund, fund 6527, fiscal year 2022, organization 0612; to the Department of Homeland Security, Fire Commission – Fire Marshal Fees, fund 6152, fiscal year 2022, organization 0619; to the Department of Homeland Security, Division of Administrative Services – WV Community Corrections Fund, fund 6386, fiscal year 2022, organization 0623; to the Department of Homeland Security, Division of Administrative Services – Court Security Fund, fund 6804, fiscal year 2022, organization 0623; to the Department of Revenue, Division of Financial Institutions, fund 3041, fiscal year 2022, organization 0303; to the Department of Revenue, Tax Division – Cemetery Company Account, fund 7071, fiscal year 2022, organization 0702; to the Department of Revenue, Tax Division – Special Audit and Investigative Unit, fund 7073, fiscal year 2022, organization 0702; to the Department of Revenue, Tax Division – Wine Tax Administration Fund, fund 7087, fiscal year 2022, organization 0702; to the Department of Revenue, Tax Division – Local Sales Tax and Excise Tax Administration Fund, fund 7099, fiscal year 2022, organization 0702; to the Department of Revenue, Insurance Commissioner – Examination Revolving Fund, fund 7150, fiscal year 2022, organization 0704; to the Department of Revenue, Insurance Commissioner – Consumer Advocate, fund 7151, fiscal year 2022, organization 0704; to the Department of Revenue, Insurance Commissioner – Insurance Commission Fund, fund 7152, fiscal year 2022, organization 0704; to the Department of Revenue, Municipal Bond Commission, fund 7253, fiscal year 2022, organization 0706; to the Department of Revenue, Racing Commission – Administration and Promotion Account, fund 7304, fiscal year 2022, organization 0707; to the Department of Revenue, Racing Commission – General Administration, fund 7305, fiscal year 2022, organization 0707; to the Department of Revenue, Racing Commission – Administration, Promotion, Education, Capital Improvement and Greyhound Adoption Programs to include Spaying and Neutering Account, fund 7307, fiscal year 2022, organization 0707; to the Department of Revenue, Alcohol Beverage Control Administration, fund 7352, fiscal year 2022, organization 0708; to the Department of Transportation, Division of Motor Vehicles – Motor Vehicle Fees Fund, fund 8223, fiscal year 2022, organization 0802; to the Bureau of Senior Services, Bureau of Senior Services – Community Based Service Fund, fund 5409, fiscal year 2022, organization 0508; to the Higher Education Policy Commission, Higher Education Policy Commission – System – Tuition Fee Capital Improvement Fund (Capital Improvement and Bond Retirement Fund) Control Account, fund 4903, fiscal year 2022, organization 0442; to the Higher Education Policy Commission, West Virginia University – West Virginia University Health Sciences Center, fund 4179, fiscal year 2022, organization 0463; to the Miscellaneous Boards and Commissions, Board of Barbers and Cosmetologists – Barbers and Beauticians Special Fund, fund 5425, fiscal year 2022, organization 0505; to the Miscellaneous Boards and Commissions, State Armory Board – General Armory Fund, fund 6057, fiscal year 2022, organization 0603; to the Miscellaneous Boards and Commissions, WV State Board of Examiners for Licensed Practical Nurses – Licensed Practical Nurses, fund 8517, fiscal year 2022, organization 0906; to the Miscellaneous Boards and Commissions, WV Board of Examiners for Registered Professional Nurses – Registered Professional Nurses, fund 8520, fiscal year 2022, organization 0907; to the Miscellaneous Boards and Commissions, Public Service Commission, fund 8623, fiscal year 2022, organization 0926; to the Miscellaneous Boards and Commissions, Public Service Commission – Gas Pipeline Division – Public Service Commission Pipeline Safety Fund, fund 8624, fiscal year 2022, organization 0926; to the Miscellaneous Boards and Commissions, Public Service Commission – Motor Carrier Division, fund 8625, fiscal year 2022, organization 0926; to the Miscellaneous Boards and Commissions, Public Service Commission – Consumer Advocate Fund, fund 8627, fiscal year 2022, organization 0926; to the Miscellaneous Boards and Commissions, Real Estate Commission – Real Estate License Fund, fund 8635, fiscal year 2022, organization 0927; to the Miscellaneous Boards and Commissions, WV Board of Examiners for Speech-Language Pathology and Audiology – Speech-Language Pathology and Audiology Operating Fund, fund 8646, fiscal year 2022, organization 0930; to the Miscellaneous Boards and Commissions, WV Board of Respiratory Care – Board of Respiratory Care Fund, fund 8676, fiscal year 2022, organization 0935; to the Miscellaneous Boards and Commissions, Massage Therapy Licensure Board – Massage Therapist Board Fund, fund 8671, fiscal year 2022, organization 0938; to the Miscellaneous Boards and Commissions, Board of Medicine – Medical Licensing Board Fund, fund 9070, fiscal year 2022, organization 0945; to the Miscellaneous Boards and Commissions, West Virginia Enterprise Resource Planning Board – Enterprise Resource Planning System Fund, fund 9080, fiscal year 2022, organization 0947; to the Department of Tourism – Office of the Secretary, fund 3067, fiscal year 2022, organization 0304; to the Division of Natural Resources, fund 3267, fiscal year 2022, organization 0310; to the State Board of Education, fund 3951, fiscal year 2022, organization 0402; to the Division of Culture and History – Lottery Education Fund, fund 3534, fiscal year 2022, organization 0432; to the Higher Education Policy Commission – Lottery Education – Higher Education Policy Commission – Control Account, fund 4925, fiscal year 2022, organization 0441; to the Higher Education Policy Commission – Lottery Education – West Virginia University – School of Medicine, fund 4185, fiscal year 2022, organization 0463; Higher Education Policy Commission – Lottery Education – Marshall University – School of Medicine, fund 4896, fiscal year 2022, organization 0471; to the Bureau of Senior Services – Lottery Senior Citizens Fund, fund 5405, fiscal year 2022, organization 0508; to the Executive, Department of Agriculture, fund 8736, fiscal year 2022, organization 1400; to the Executive, Department of Agriculture – Meat Inspection Fund, fund 8737, fiscal year 2022, organization 1400; to the Executive, Attorney General – Medicaid Fraud Unit, fund 8882, fiscal year 2022, organization 1500; to the Department of Commerce, Division of Forestry, fund 8703, fiscal year 2022, organization 0305; to the Department of Commerce, Division of Labor, fund 8706, fiscal year 2022, organization 0308; to the Department of Commerce; Division of Natural Resources, fund 8707, fiscal year 2022, organization 0310; to the Department of Commerce, Division of Miners’ Health, Safety and Training, fund 8709, fiscal year 2022, organization 0314; to the Department of Commerce, State Board of Rehabilitation – Division of Rehabilitation Services, fund 8734, fiscal year 2022, organization 0932; to the Department of Commerce, State Board of Rehabilitation – Division of Rehabilitation Services – Disability Determination Services, fund 8890, fiscal year 2022, organization 0932; to the Department of Economic Development, Department of Economic Development – Office of the Secretary, fund 8705, fiscal year 2022, organization 0307; to the Department of Economic Development, Department of Economic Development – Office of Energy, fund 8892, fiscal year 2022, organization 0328; to the Department of Education, State Board of Education – State Department of Education, fund 8712, fiscal year 2022, organization 0402; to the Department of Education, State Board of Education – School Lunch Program, fund 8713, fiscal year 2022, organization 0402; to the Department of Education, State Board of Education – Vocational Division, fund 8714, fiscal year 2022, organization 0402; to the Department of Education, State Board of Education – Aid for Exceptional Children, fund 8715, fiscal year 2022, organization 0402; to the Department of Arts, Culture, and History, Division of Culture and History, fund 8718, fiscal year 2022, organization 0432; to the Department of Arts, Culture, and History, Commission for National and Community Service, fund 8841, fiscal year 2022, organization 0432; to the Department of Arts, Culture, and History, Library Commission, fund 8720, fiscal year 2022, organization 0433; to the Department of Environmental Protection, Division of Environmental Protection, fund 8708, fiscal year 2022, organization 0313; to the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 8723, fiscal year 2022, organization 0506; to the Department of Health and Human Resources, Division of Health – Central Office, fund 8802, fiscal year 2022, organization 0506; to the Department of Health and Human Resources, Human Rights Commission, fund 8725, fiscal year 2022, organization 0510; to the Department of Health and Human Resources, Division of Human Services, fund 8722, fiscal year 2022, organization 0511; to the Department of Homeland Security, Division of Emergency Management, fund 8727, fiscal year 2022, organization 0606; to the Department of Homeland Security, West Virginia State Police, fund 8741, fiscal year 2022, organization 0612; to the Department of Homeland Security, Division of Administrative Services, fund 8803, fiscal year 2022, organization 0623; to the Department of Transportation, Division of Public Transit, fund 8745, fiscal year 2022, organization 0805; to the Department of Veterans’ Assistance, Department of Veterans’ Assistance, fund 8858, fiscal year 2022, organization 0613; to the Department of Veterans’ Assistance, Department of Veterans’ Assistance – Veterans’ Home, fund 8728, fiscal year 2022, organization 0618; to the Bureau of Senior Services, Bureau of Senior Services, fund 8724, fiscal year 2022, organization 0508; to the Miscellaneous Boards and Commissions, Adjutant General – State Militia, fund 8726, fiscal year 2022, organization 0603; to the Miscellaneous Boards and Commissions, Public Service Commission – Motor Carrier Division, fund 8743, fiscal year 2022, organization 0926; to the Miscellaneous Boards and Commissions, Public Service Commission – Gas Pipeline Division, fund 8744, fiscal year 2022, organization 0926; to the Miscellaneous Boards and Commissions, National Coal Heritage Area Authority, fund 8869, fiscal year 2022, organization 0941; to the Department of Economic Development – Office of the Secretary – Community Development, fund 8746, fiscal year 2022, organization 0307; to the WorkForce West Virginia – Workforce Investment Act, fund 8749, fiscal year 2022, organization 0323; to the Division of Health – Maternal and Child Health, fund 8750, fiscal year 2022, organization 0506; to the Division of Health – Preventive Health, fund 8753, fiscal year 2022, organization 0506; to the Division of Health – Substance Abuse Prevention and Treatment, fund 8793, fiscal year 2022, organization 0506; to the Division of Health – Community Mental Health Services, fund 8794, fiscal year 2022, organization 0506; to the Division of Human Services – Energy Assistance, fund 8755, fiscal year 2022, organization 0511; to the Division of Human Services – Social Services, fund 8757, fiscal year 2022, organization 0511; to the Division of Human Services – Temporary Assistance for Needy Families, fund 8816, fiscal year 2022, organization 0511; and to the Division of Human Services – Child Care and Development, fund 8817, fiscal year 2022, organization 0511”; to the Committee on Finance.

By Delegates Hanshaw (Mr. Speaker) and Skaff

[By Request of the Executive]:

H. B. 4524 - “A Bill to repeal §11A-3-5, §11A-3-5a, §11A-3-5b, §11A-3-6, §11A-3-7, §11A-3-14, §11A-3-15, §11A-3-16, §11A-3-17, §11A-3-18, §11A-3-19, §11A-3-20, §11A-3-21, §11A-3-22, §11A-3-23, §11A-3-24, §11A-3-25, §11A-3-26, §11A-3-27, §11A-3-28, §11A-3-29, §11A-3-30, and §11A-3-31 of the Code of West Virginia, 1931, as amended; to amend and reenact §11A-1-3, §11A-1-8, §11A-2-14, §11A-2-18, §11A-3-1, §11A-3-2, §11A-3-4, §11A-3-8, §11A-3-9, §11A-3-10, §11A-3-11, §11A-3-12, §11A-3-13, §11A-3-32, §11A-3-38, §11A-3-42, §11A-3-44, §11A-3-45, §11A-3-46, §11A-3-50, §11A-3-52, §11A-3-54, §11A-3-56, §11A-4-3, §11A-4-4, §16-18-3, §31-18E-9, and §31-21-11; and to amend said code by adding thereto a new section, designated §31-18-20e, all relating to the tax sale process; reducing the rate of interest on delinquent property taxes; modifying the method by which notice is provided regarding the payment of property taxes; requiring a sheriff to accept credit cards as a form of payment for property taxes; allowing a sheriff to offer discounts on tax liability to taxpayers that pay with a credit card; modifying the deadline by which a sheriff must present delinquent lists to its county commission; modifying the deadline that a county commission certifies a delinquent list to the auditor; providing that a sheriff must provide a redemption receipt if property is redeemed prior to certification to the auditor; modifying the policy related to the sale of tax liens; modifying the process by which a sheriff provides its second notice of delinquent real estate; modifying the timing and payment of redemption for delinquent properties prior to certification to the auditor; providing that any property not redeemed to the sheriff is to be certified to the auditor; providing that the sheriff must prepare a list of all the tax liens on delinquent real estate redeemed prior to certification or certified to the auditor; providing that the sheriff must account for the proceeds from redemptions prior to certification; providing that a sheriff may modify its redemption and certification list within 30 days after the publication of such list; providing for the publication of such list; requiring sheriffs to keep separate accounts for redemptions moneys; reducing the interest rate on delinquent taxes on property certified to the auditor; identifying lands subject to sale by the deputy commissioner; relating to the obligation that the auditor certify and deliver a list of lands subject to sale by the deputy commissioner; addressing annual auctions held by the deputy commissioner and the publication of notice of public auctions held by the deputy commissioner; relating the requirements that a purchaser must satisfy before he or she can secure a deed; relating to the notice to redeem provided to a person entitled to redeem delinquent property; providing for certain delinquent taxpayers to redeem in incremental payments; addressing the right to set aside a tax deed improperly obtained or a tax deed obtained without sufficient notice; modifying certain definitions; creating a new special fund; relating to the right of certain entities to purchase delinquent properties; and modifying certain obligations of the West Virginia Land Stewardship Corporation land bank program”; to the Committee on the Judiciary then Finance.

By Delegates Hanshaw (Mr. Speaker) and Skaff

[By Request of the Executive]:

H. B. 4525 - “A Bill expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2022, in the amount of $ 22,500,000 from the balance of moneys remaining as an unappropriated balance in the State Excess Lottery Revenue Fund”; to the Committee on Finance.

By Delegates Hanshaw (Mr. Speaker) and Skaff

[By Request of the Executive]:

H. B. 4526 - “A Bill expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2022 in the amount of $125,000 from the balance of moneys remaining as an unappropriated balance in Lottery Net Profits”; to the Committee on Finance.

By Delegates Hanshaw (Mr. Speaker) and Skaff

[By Request of the Executive]:

H. B. 4527 - “A Bill supplementing and amending the appropriations of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Department of Commerce, Department of Commerce – Office of the Secretary, fund 0606, fiscal year 2022, organization 0327, by supplementing and amending the appropriations for the fiscal year ending June 30, 2022”; to the Committee on Finance.

By Delegates Hanshaw (Mr. Speaker) and Skaff

[By Request of the Executive]:

H. B. 4528 - “A Bill supplementing and amending the appropriations of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Department of Administration, Office of Technology, fund 0204, fiscal year 2022, organization 0231, by supplementing and amending Chapter 11, Acts of the Legislature, Regular Session, 2021, known as the budget bill for the fiscal year ending June 30, 2022”; to the Committee on Finance.

By Delegates Hanshaw (Mr. Speaker) and Skaff

[By Request of the Executive]:

H. B. 4529 - “A Bill supplementing and amending the appropriations of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Department of Health and Human Resources, Consolidated Medical Services Fund, fund 0525, fiscal year 2022, organization 0506, by supplementing and amending the appropriations for the fiscal year ending June 30, 2022”; to the Committee on Finance.

By Delegates Hanshaw (Mr. Speaker) and Skaff

[By Request of the Executive]:

H. B. 4530 - “A Bill supplementing and amending the appropriations of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Department of Administration, Public Defender Services, fund 0226, fiscal year 2022, organization 0221, by supplementing and amending the appropriations for the fiscal year ending June 30, 2022”; to the Committee on Finance.

By Delegates Hanshaw (Mr. Speaker) and Skaff

[By Request of the Executive]:

H. B. 4531 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-13A-6b; and to amend and reenact §17-27-3, §17-27-4, §17-27-5, §17-27-7, §17-27-8, §17-27-9, §17-27-11, §17-27-13, §17-27-14, §17-27-15, and §17-27-16 of said Code, all relating to encouraging public-private partnerships related to transportation facilities; providing coal severance tax escrow fund for the state portion of coal severance taxes paid on a public-private transportation facility; authorizing Division of Highways to repay collected tax in escrow to the private entities; cleaning up antiquated language; clarifying the roles of the division, public entities, and developers; simplifying the public-private partnership review process; clarifying that the Commissioner of the Division of Highways may approve or modify the division’s rankings, authorize negotiations and a comprehensive agreement with the highest ranking developer, or reject all proposals; providing that the division is not obligated to accept, consider or review unsolicited conceptual proposals, but may choose to do so; providing  that no obligation or liability attach to either party if they are unable to reach an agreement; providing that the division may negotiate a comprehensive agreement with the next-highest-ranked developer if an agreement cannot be reached with the highest ranked developer; clarifying the extent to which the division may utilize condemnation if it is found the project serves a public purpose or the developer is in material default; and exempting public-private partnership agreements from statutory government construction contract requirements”; to the Committee on Government Organization then Finance.

By Delegates Hanshaw (Mr. Speaker) and Skaff:

H. B. 4532 - “A Bill to amend and reenact §18-2-12 of the Code of West Virginia, 1931, as amended, related to computer science education in West Virginia schools; recognizing a need to provide coursework on computational thinking, block-based programming, text-based programming, network communication, computer architecture, and cyber security; requiring the board to update and build upon prior computer science education plans to include additional subject matter”; to the Committee on Education then Finance.

By Delegates Hanshaw (Mr. Speaker) and Skaff

[By Request of the Executive]:

H. B. 4533 - “A Bill to amend and reenact §15-2-5 of the Code of West Virginia, 1931, as amended; to amend and reenact §18A-4-2 of said code; and to amend and reenact §18A-4-8a of said code, all relating to increasing annual salaries of certain employees of the state; increasing the salaries of members of the West Virginia State Police and certain personnel thereof, increasing annual salaries of public school teachers, increasing annual salaries of school service personnel, and providing an effective date for these increases”; to the Committee on Finance.

By Delegates Barrett, Steele, Reynolds, Foster, Smith and Wamsley:

H. B. 4534 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2D-8, relating to awarding the service weapon of a retiring Division of Protective Services member to the retiree without charge when the retiring member honorably retires with at least 10 years of service or with less than 10 years of service based upon determination that the retiring member is totally physically disabled as a result of service with the Division of Protective Services; prohibiting the award of a service weapon to a retiring member whom the Division of Protective Services knows is prohibited from possessing a firearm, is mentally incapacitated, or a danger to any person or the community; authorizing the sale of service weapons that are taken out of service due to routine wear to any active or retired Division of Protective Services member; providing that proceeds from the sales be used to offset the cost of new service weapons; and exempting the sale from the requirements of the Purchasing Division”; to the Committee on Veterans’ Affairs and Homeland Security then Finance.

By Delegate Summers:

H. B. 4535 - “A Bill to repeal §18-8-11 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17B-2-3a of said code, all relating to motor vehicle licensing; removing school attendance and satisfactory progress as a condition of motor vehicle licensing; and modifying the compliance requirements for a graduated driver’s license”; to the Committee on Government Organization.

By Delegates Graves, Linville, Barrett, Toney, Reynolds, Wamsley, Ferrell, Jennings and Rohrbach:

H. B. 4536 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-7A-26x, relating to one-time bonus payments for certain annuitants”; to the Committee on Pensions and Retirement then Finance.

By Delegate Fast:

H. B. 4537 - “A Bill to amend and reenact §62-12-18 of the Code of West Virginia, 1931, as amended, relating to the granting of early discharge to parolees after a minimum of one year on parole; allowing the Commissioner of the Division of Corrections and Rehabilitation or designee to request early discharge of a parolee; and providing that the Chairperson of the Parole Board grant early discharge from parole for a parolee upon review of the request for early discharge”; to the Select Committee on Jails and Prisons then the Judiciary.

By Delegates Worrell, Toney, G. Ward, Bridges, J. Jeffries, Rohrbach, Dean, Wamsley, Storch, Lovejoy and Miller:

H. B. 4538 - “A Bill to amend and reenact §15-2-5 of the Code of West Virginia, 1931, as amended, relating to a one time raise in pay for certain members of the State Police”; to the Committee on Veterans’ Affairs and Homeland Security then Finance.

By Delegates Storch, Bates, Evans, Anderson and Gearheart:

H. B. 4539 - “A Bill to amend and reenact §5-10-14 and §5-10-30 of the Code of West Virginia, 1931, as amended, all relating to service credit, retroactive provisions and the refund of accumulated contributions for certain members of the West Virginia Public Employees Retirement System”; to the Committee on Pensions and Retirement then Finance.

By Delegates Storch, Evans, Bates, Anderson, Pethtel and Gearheart:

H. B. 4540 - “A Bill to amend and reenact §5-10-2, §5-10-27b and §5-10-44 of the Code of West Virginia, 1931, as amended; to amend and reenact §7-14D-2, §7-14D-7a and §7-14D-9b; to amend and reenact §8-22A-2, §8-22A-8a and §8-22A-11; to amend and reenact §15-2-25b, §15-2-45 and §15-2-54; to amend and reenact §15-2A-2, §15-2A-6b and §15-2A-23; to amend and reenact §16-5V-2, §16-5V-8a and §16-5V-13; to amend and reenact §18-7A-3, §18-7A-14c and §18-7A-28b; to amend and reenact §18-7B-2, §18-7B-12a and §18-7B-21; to amend and reenact §20-18-2, §20-18-9 and §20-18-14; and to amend and reenact §51-9-1a, §51-9-12b and §51-9-18, all relating to updating provisions of the retirement and pension benefits of the West Virginia Public Employees Retirement System, the Deputy Sheriffs’ Retirement System, the Municipal Police and Firefighters Retirement System, the State Police Death, Disability and Retirement Fund, the West Virginia State Police Retirement Fund, the Emergency Medical Services Retirement System, the Teachers Retirement System, the Teachers’ Defined Contribution Retirement System, the Natural Resources Police Officers Retirement System and the Judges’ Retirement Fund in order to comply with federal law; changing age threshold for plan members born after June 30, 1949; clarifying provisions regarding correction of errors; and amending definitions for each retirement system named here”; to the Committee on Pensions and Retirement then Finance.

By Delegate Fast:

H. B. 4541 - “A Bill to amend and reenact §49-5-101 of the Code of West Virginia, 1931, as amended, relating to permitting a current or former employee of the Division of Corrections and Rehabilitation access to relevant juvenile records for purposes of pursuing a grievance; permitting the release of such records only after a hearing to determine relevancy by the Public Employees Grievance Board; providing for the sealing of such relevant records from public view and the redaction of any identifying information related to the juvenile; placing certain limitations on the grieving party’s use of such records; permitting a grieving party’s representative access to such records; requiring a court order for any further use of such records outside of the grievance proceeding; subjecting the grievant and grievance representative to criminal penalties for violations of the section; and making technical corrections”; to the Committee on the Judiciary.

By Delegate Fast:

H. B. 4542 - “A Bill to amend and reenact §62-12-12 of the Code of West Virginia, 1931, as amended, relating to adding additional members to the West Virginia Parole Board”; to the Committee on Government Organization.

By Delegates Graves, Linville, Haynes, Skaff, Pack, Hornbuckle, Storch, Pritt and Garcia:

H. B. 4543 - “A Bill to amend and reenact §3-2-2 of the Code of West Virginia, 1931, as amended, relating to formerly incarcerated individuals voting rights by eliminating restrictions to voting rights for once an individual is released from incarceration through probation, parole, or completion of a sentence”; to the Select Committee on Jails and Prisons then the Judiciary.

By Delegates Householder and Criss:

H. B. 4544 - “A Bill to amend and reenact §11-13J-10 of the Code of West Virginia, 1931, as amended, relating to the Neighborhood Investment Program, adding a sunset provision regarding the reporting requirement; and providing an effective date”; to the Committee on Finance.

By Delegates Haynes, Keaton, Pritt, Cooper, Maynor, Hanna, Honaker, Booth, G. Ward, Kessinger and Phillips:

H. B. 4545 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-9b, relating to requiring county school board to obtain annual inspections of schools within their jurisdiction”; to the Committee on Education.

By Delegates Hamrick, Dean, Haynes, Howell, Maynard, Paynter, Ferrell and Hanna:

H. B. 4546 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13MM-1, §11-13MM-2, and §11-13MM-3, all relating to the creation of the Headquarters Relocation Tax Credit; providing for a short title; providing for the establishment of the tax credit; listing certain conditions applicable to receiving the tax credit; providing for a carry forward procedure for the tax credit; forbidding carry back provisions; and providing for an effective date for the tax credit”; to the Committee on Finance.

By Delegates Pinson, Clark, Keaton, Burkhammer, Statler, Maynor, B. Ward, Brown and Smith:

H. B. 4547 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-3-14, relating to requiring that students in high school are required to pass a test on the United States Constitution in order to graduate from high school; providing that the State Board of Education shall create the test; providing that the test require a high passage rate; providing a mechanism for students to re-take the test if necessary; and providing for an effective date”; to the Committee on Education.

By Delegates Hamrick, Dean, Martin, Haynes, Maynard, Paynter, Zukoff, Boggs and Ferrell:

H. B. 4548 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-39-1, §19-39-2, §19-39-3, §19-39-4, §19-39-5, §19-39-6, §19-39-7, §19-39-8, and §19-39-9, all relating to the establishment of the State Veterinary Blood Bank; providing for legislative findings and purpose; providing for definitions; establishing the State Veterinary Blood Bank; providing for liability; setting forth certain guidelines; providing that payment is prohibited; providing for coordination with other state agencies and boards; creating a reporting requirement; and defining violations”; to the Committee on Agriculture and Natural Resources then the Judiciary.

By Delegate G. Ward:

H. B. 4549 - “A Bill to amend and reenact §16-2D-10 of the Code of West Virginia, 1931, as amended, relating to public health; and providing exemptions to certificates of need for certain health care facilities”; to the Committee on Health and Human Resources.

By Delegates Hamrick and Keaton:

H. B. 4550 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-32; and to amend and reenact §55-7B-8 of said code, all relating to eliminating a specific dollar amount or a range for the jury to consider with respect to awards for noneconomic damages in civil litigation”; to the Committee on the Judiciary.

By Delegates Hamrick, Howell, Ellington, Ferrell, Statler, Toney, Horst, Bridges, Maynor and Keaton:

H. B. 4551 - “A Bill to amend and reenact §18B-2C-1 and §18B-2C-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18B-2C-8, all relating to creating the West Virginia Warranty on Worker (WVWOW) program to provide a warranty to community and technical college graduates and their employers that graduates are competent in the degree, diploma and technical certificate of credit program for which they are trained; providing scope of warranty and identifying who may redeem; directing development of procedures; and setting forth an effective date”; to the Committee on Workforce Development then Education then Finance.

By Delegates Hamrick, Howell, Ellington, Ferrell, Barrett, Hardy, Statler, Toney, Storch, Linville and Riley:

H. B. 4552 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-13MM-1, relating to a tax credit for certain employers who employ West Virginia community and technical college graduates; providing for the application to corporation net income taxes; and setting forth limitation”; to the Committee on Finance.

By Delegates Clark, Haynes, Anderson, Espinosa, Barrett and Riley:

H. B. 4553 - “A Bill to amend and reenact §8A-1-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §8A-7-3 of said code; all relating to zoning requirements for exempt wholesale generators; providing for the definition of ‘exempt wholesale generator’; and, providing that exempt wholesale generators are a permitted use in any zoning district”; to the Committee on the Judiciary.

By Delegates Phillips, Dean, Evans, Griffith, Hott, Paynter and B. Ward:

H. B. 4554 - “A Bill to repeal §19-1-10 and §19-15-11 of the Code of West Virginia, 1931, as amended; to amend and reenact §11-13DD-3 of said code; to amend and reenact §19-1-4a and §19-1-11 of said code; to amend said code by adding thereto two new sections, designated §19-1-13 and §19-1-14; to amend and reenact §19-2C-1, §19-2C-6a, and §19-2C-10 of said code; to amend and reenact §19-9-7a of said code; to amend and reenact §19-12E-4 and §19-12E-5 of said code; to amend said code by adding thereto a new article, designated §19-14A-1, §19-14A-2, §19-14A-3, §19-14A-4, §19-14A-5, §19-14A-6, §19-14A-7, §19-14A-8, §19-14A-9, §19-14A-10, §19-14A-11, §19-14A-12, §19-14A-13, §19-14A-14, and §19-14A-15 of said code; to amend and reenact §19-15A-4 of said code; to amend and reenact §19-16-6 of said code; to amend and reenact §19-16A-21 of said code; to amend and reenact §19-20C-3 of said code; and to amend and reenact §19-36-2 and §19-36-5 of said code, all relating generally to the 2022 Farm Bill; raising the West Virginia Farm to Food bank tax credit from $2,500 to $5,000; allowing for retroactive application of the tax credit; allowing the Commissioner of Agriculture  to accept funds from various federal agencies; repealing requirement for Social Security numbers to be included on applications; removing reporting requirement to Joint Committee; requiring commissioner to report to the Legislature; authorizing commissioner to add interest to debts owed the department; authorizing department to file liens against persons who owe debts; modifying definitions; revising requirements for membership on the board of review; providing compensation for board members; clarifying advertising requirements; changing the National Animal Identification System to the Animal Disease Traceability Program; requiring license from state to produce industrial hemp; allowing commissioner to recognize hemp license issued by the USDA; creating the West Virginia Animal Remedy law; defining terms; establishing powers and duties of commissioner; providing exemptions; requiring registration of animal remedy products; providing commissioner authority to refuse, suspend, or revoke the registration of animal remedies; providing the right to hearing or appeal of decisions to suspend, refuse, or revoke applications; establishing labeling requirements; establishing when an animal remedy is adulterated; establishing when an item is misbranded; allowing commissioner to issue and enforce embargo orders, confiscate product, condemn, and seek injunction against violators; requiring commissioner keep trade secrets confidential; establishing prohibited acts; establishing criminal and civil penalties for violations; providing penalty for deviation in product; repealing publication requirement for West Virginia fertilizer law; removing requirement that commissioner published a report on the West Virginia seed law; allowing commissioner to deny, suspend, or modify license if applicant has violated, convicted, or assessed penalty under the federal insecticide, fungicide, and rodenticide act; Removing outdated reporting requirement provision; defining agritourism; and establishing that agritourism does not affect the zoning law”; to the Committee on Agriculture and Natural Resources then the Judiciary then Finance.

By Delegates Hamrick, Dean, Paynter, Haynes and Howell:

H. B. 4555 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-7-13, relating to carrying and storing a handgun or handgun ammunition by a hotel guest; and defenses to prosecution”; to the Committee on the Judiciary.

Special Calendar

Third Reading

Com. Sub. for H. B. 4311, Creating criminal penalties for illegal voting activity; 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. 75), and there were—yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:

Absent and Not Voting: Diserio, Fleischauer, D. Jeffries, Maynard, Williams and Worrell.

So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4311) passed.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

Second Reading

The following bills on second reading, coming up in regular order, were each read a second time and ordered to third reading:

S. B. 435, Awarding service weapon to retiree from Division of Protective Services,

Com. Sub. for S. B. 437, Providing for early discharge of parolees,

And,

Com. Sub. for S. B. 449, Relating to Nonviolent Offense Parole Program.

The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:

Com. Sub. for H. B. 4003, Relating generally to commercial benefit of substances removed from waters of the state by the treatment of mine drainage,

Com. Sub. for H. B. 4111, Relating to the prescriptive authority of advance practice registered nurses,

And,

H. B. 4296, To revise outdated provisions within Chapter 23 of the West Virginia Code, which pertains to workers’ compensation.

First Reading

Com. Sub. for H. B. 4084, Relating to advanced recycling; on first reading, coming up in regular order, was read a first time and ordered to second reading.

Com. Sub. for H. B. 4369, Update the telepsychology compact; on first reading, coming up in regular order, was read a first time and ordered to second reading.

H. B. 4424, Defining the operations of jail functions, was, in the absence of objection, referred to the Committee on Finance.

Leaves of Absence

At the request of Delegate Summers, and by unanimous consent, leaves of absence for the day were granted Delegates Diserio, Fleischauer, D. Jeffries, Maynard, Williams and Worrell.

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. 4010: Delegate Bates;

H. B. 4297: Delegate Pack;

H. B. 4438: Delegate Kimble;

And,

H. B. 4467: Delegates Clark and Tully.

At 11:49 a.m., the House of Delegates adjourned until 11:00 a.m., Monday, February 7, 2022.

HOUSE OF DELEGATES

STEPHEN J. HARRISON, Clerk

Building 1, Room M-212

1900 Kanawha Blvd., East

Charleston, WV 25305-0470