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Thursday, February 10, 2022

THIRTIETH 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 9, 2022, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

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. 4502, Establishing the BUILD WV Act,

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

In accordance with the former direction of the Speaker, the bill (H. B. 4502) 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. 4264, Change name of Glenville State College to “Glenville State University”,

And reports the same back with the recommendation that it 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. 2084, Amend section providing for waiver of tuition and fees for older persons auditing certain college classes,

H. B. 4357, Expanding the Learn And Earn Program to baccalaureate institutions,

And,

H. B. 4565, To exempt temporary employees and employees of the Higher Education Policy Commission from automatic enrollment into the state’s 457 (b) plan,

And reports the same back, with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on Finance.

In accordance with the former direction of the Speaker, the bills (H. B. 2084, H. B. 4357 and H. B. 4565) were each referred to the Committee on Finance.

Delegate Householder, Chair of the Committee on Finance, submitted the following report, which was received:

Your Committee on Finance has had under consideration:

H. B. 4307, Increase some benefits payable from Crime Victims Compensation Fund,

H. B. 4396, Reducing federal adjusted gross income relating to tolls for travel on West Virginia toll roads paid electronically,

And,

H. B. 4410, Specifying allocation, apportionment and treatment of income of flow-through entities,

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

Delegate Householder, Chair of the Committee on Finance, submitted the following report, which was received:

Your Committee on Finance has had under consideration:

H. B. 4008, Relating to Higher Education Policy Commission funding formula,

And reports back a committee substitute therefor, as follows:

Com. Sub. for H. B. 4008 - “A Bill to amend and reenact §18B-1B-4 of the Code of West Virginia, 1931, as amended, relating to powers and duties of the Higher Education Policy Commission generally; directing the Higher Education Policy Commission, in conjunction with the West Virginia Council for Community and Technical College Education, to propose rules to establish a funding formula model governing its appropriation request to the Legislature regarding distribution of general revenue to the state’s institutions of higher education; setting forth parameters for the formula and minimum requirements for the rule; revising and removing certain related commission powers and duties; clarifying the commission and council’s responsibilities, in conjunction with the West Virginia Network, to support systemwide technology needs; revising provisions for rulemaking regarding transfers of credits and obtaining academic credit or advanced placement standing based on experience; authorizing commission to promulgate rules, and exercise powers and duties, governing student loans, scholarships, state aid as provided in Chapter 18C of the code; removing requirements to provide education about certain disease; and making non-substantive technical cleanup corrections and clarifying changes,”

H. B. 4461, Relating to the consolidation of all administrative fees collected by the agency into the existing “Tax Administration Services Fund”,

And reports back a committee substitute therefor, as follows:

Com. Sub. for H. B. 4461 - “A Bill to amend and reenact §11-10-27 of the Code of West Virginia, 1931, as amended, relating to the consolidation of all administrative fees collected by the Tax Division into the existing ‘Tax Administration Services Fund’; removing the $3 million cap on the fund; providing that excess amounts in this Fund are not converted into the General Fund; consolidating the balances of moneys in various funds collected as fees by, and administered for, the Tax Division of the Department of Revenue; reducing the amount of the fee that may be retained for the state administration of local sales and use taxes; and providing an effective date,”

And,

H. B. 4484, Declaring certain claims against agencies of the state to be moral obligations of the state,

And reports back a committee substitute therefor, as follows:

Com. Sub. for H. B. 4484 - “A Bill recognizing and declaring certain claims against agencies of the state to be moral obligations of the state; and directing the Auditor to issue warrants for the payment thereof,”

With the recommendation that the committee substitutes each do pass.

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

Your Committee on the Judiciary has had under consideration:

H. B. 4126, H. B. 4127, H. B. 4128, H. B. 4129, H. B. 4130, H. B. 4131, H. B. 4132, H. B. 4133, H. B. 4134, H. B. 4135, H. B. 4136, H. B. 4137, H. B. 4138, H. B. 4139, H. B. 4140,

H. B. 4126, Authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to Methods and Standards for Chemical Tests for Intoxication,

And reports back a committee substitute therefor, as follows:

Com. Sub. for H. B. 4126 - “A Bill to amend and reenact §64-5-1 et. seq. of the Code of West Virginia, 1931, as amended, all relating to generally authorizing certain agencies of the Department of Health and Human Resources to promulgate legislative rules; authorizing the rules as filed, as modified, and as amended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to methods and standards for chemical tests for intoxication; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to hospital licensure; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to childhood lead screening; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to food manufacturing facilities; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to sewage treatment and collection system design standards; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to emergency medical services; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to clinical laboratory practitioner licensure and certification; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to clandestine drug laboratory remediation; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to maternal risk screening; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to expedited partner therapy; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to medication-assisted treatment - opioid treatment programs; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to syringe services program licensure; authorizing the Health Care Authority to promulgate a legislative rule relating to certificate of need; authorizing the Department of Health and Human Resources and the Insurance Commissioner to promulgate a legislative rule relating to an all-payer claims database- data submission requirements; and authorizing the Department of Health and Human Resources and the Insurance Commissioner to promulgate a legislative rule relating to an all-payer claims database- privacy and security requirements,”

With the recommendation that the committee substitute do pass.

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

Your Committee on the Judiciary has had under consideration:

H. B. 4280, To increase the amount of money given to jurors per day,

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. 4280) was referred to the Committee on Finance.

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

Your Committee on the Judiciary has had under consideration:

H. B. 4004, Relating to limiting an abortion to fifteen week’s gestation,

And reports back a committee substitute therefor, as follows:

Com. Sub. for H. B. 4004 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2Q-1, relating to prohibiting an abortion after 15 weeks’ gestation; defining terms; providing exceptions; requiring the determination of probable gestational; requiring reports; providing professional discipline; providing criminal penalties; clarifying this law does not prohibit other causes of actions; and prohibiting penalizing a patient,”

And,

H. B. 4005, Relating to fetal body parts,

And reports back a committee substitute therefor, as follows:

Com. Sub. for H. B. 4005 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-17, relating to fetal body parts; defining terms; prohibiting buying, selling, receiving, transferring, acquiring or transporting of fetal body parts resulting from an induced abortion; providing exceptions; and providing criminal penalties,”

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:

H. B. 3122, Relating to the establishment and operation of regional water, wastewater and stormwater authorities,

And reports back a committee substitute therefor, as follows:

Com. Sub. for H. B. 3122 - “A Bill to amend and reenact §16-13D-1, §16-13D-2, §16-13D-3, §16-13D-4, §16-13D-5, §16-13D-6, §16-13D-8, §16-13D-9, §16-13D-10, §16-13D-11, §16-13D-12, §16-13D-13, §16-13D-14, §16-13D-15, §16-13D-17, and §16-13D-21,of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §16-13D-22, all relating to the establishment and operation of regional water, wastewater, and stormwater authorities,”

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

And reports back a committee substitute therefor, as follows:

Com. Sub. for H. B. 4087 - “A Bill to amend and reenact §15A-11-5 of the Code of West Virginia, 1931, as amended, relating to requiring the State Fire Commission to propose rules relating to sprinkler protection,  providing that buildings commencing construction after July 1, 2022, housing emergency fire, rescue, or ambulance services shall be protected throughout by approved automatic sprinkler systems; and exempting emergency services buildings meeting certain criteria that only house equipment and do not have sleeping areas or quarters within them from the requirement,”

H. B. 4262, Relating to licensure for polygraph examiners,

And reports back a committee substitute therefor, as follows:

Com. Sub. for H. B. 4262 - “A Bill to repeal §21-5-5c of the Code of West Virginia, 1931, as amended, and to amend and reenact §21-5-5d of said code; all relating to licensure for polygraph examiners, removing state licensure requirements for polygraph examiners; and updating criminal penalties associated with removing state licensure,”

H. B. 4282, Relating to establishing next generation 911 services in this state,

And reports back a committee substitute therefor, as follows:

Com. Sub. for H. B. 4282 - “A Bill to amend and reenact §24-6-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §24-6-15, all relating to establishing next generation 911 services in this state; providing for expanded definitions; establishing a commission to study next generation 911 services; establishing commission membership and travel rates for meetings; prescribing the duties of the commission; requiring a preliminary report be provided to the Joint Committee on Government and Finance and to the Governor; and establishing an effective date and termination date of the commission,”

And,

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

And reports back a committee substitute therefor, as follows:

Com. Sub. for H. B. 4418 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5B-2-18, relating to the Small Business Supplier Certification Assistance Program; establishing a pilot program for the verification and certification of small business enterprises participating in the government contracting and procurement process; authorizing the Department of Economic Development to collaborate with Marshall University for purposes of establishing the pilot program; requiring a master plan for the pilot program; and establishing a deadline and reporting requirements for the pilot program,”

With the recommendation that the committee substitutes each do pass.

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. 4080, To create an apprenticeship program for students and local companies in West Virginia to increase hiring and retention,

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. 4080) was referred to the Committee on Finance.

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. 4551, To create the West Virginia Warranty of Workers,

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

In accordance with the former direction of the Speaker, the bill (H. B. 4551) was referred to the Committee on Education and then the Committee on Finance.

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. 2908, Relating to disclosure of information by online marketplaces to inform consumers,

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. 2908) was referred to the Committee on the Judiciary.

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. 4421, To ensure that municipalities cannot charge sewer rates for the filling of a swimming pool,

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. 4421) was referred to the Committee on Finance.

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. 4279, Relating generally to the distribution of certain taxes and surcharges to benefit volunteer and part-volunteer fire departments,

And,

H. B. 4416, Provide volunteer firemen free license plates and vehicle registration,

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

In accordance with the former direction of the Speaker, the bills (H. B. 4279 and H. B. 4416) were each referred to the Committee on Finance.

Mr. Speaker (Mr. Hanshaw), Chair of the Committee on Rules, submitted the following report, which was received:

Your Committee on Rules has had under consideration: 

H. C. R. 23, Requesting the Division of Highways to place at least 10 additional signs along highways entering West Virginia honoring fallen veterans and Gold Star Families,

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

Delegate Anderson, Chair of the Committee on Energy and Manufacturing, submitted the following report, which was received:

Your Committee on Energy and Manufacturing has had under consideration:

H. B. 2598, Modifying the inspection requirements and the definition of an above ground storage tank,

And reports back a committee substitute therefor, as follows:   

Com. Sub. for H. B. 2598 - “A Bill to amend and reenact §22-30-3, §22-30-5, and §22-30-6 of the Code of West Virginia, 1931, as amended, relating generally to above ground storage tanks; modifying an exception to the definition of an aboveground storage tank to except out devices having a capacity of 210 barrels or less, containing brine water or other fluids produced in connection with hydrocarbon transmission and storage, as well as production activities, that are not located in a zone of critical concern; providing that the secretary may not, as part of the regulatory program, require any regulated tanks to be lifted, moved, or otherwise physically altered in connection with a visual leak detection program in the absence of a confirmed release; providing that tanks used for hydrocarbon production, transportation, and storage activities and tanks used for roadway snow and ice pretreatment, as identified under §22-30-3(1)(M) and (N), are exempt from inspection and certification by a third party, but must be self-inspected, self-certified, and reported to DEP by its owner or operator at least once per year; and providing that tanks used for hydrocarbon production, transportation, and storage activities and tanks used for roadway snow and ice pretreatment, as identified under §22-30-3(1)(M) and (N) are required to have secondary containment inspections performed and documented by the owner or operator at least once per month,”

With the recommendation that the committee substitute do pass, and with the recommendation that second reference to the Committee on Health and Human Resources be dispensed with.

In the absence of objection, reference of the bill (Com. Sub. for H. B. 2598) to the Committee on Health and Human Resources was abrogated.

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

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

H. B. 4393, To increase the managed care tax if the managed care organization receives a rate increase,

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. 4393) was referred to the Committee on Finance.

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

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

H. B. 4584, To update of the authority of the Office of the Chief Medical Examiner,

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

In accordance with the former direction of the Speaker, the bill (H. B. 4584) was referred to the Committee on the Judiciary.

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

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

H. B. 4344, Relating to foster care,

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. 4344) was referred to the Committee on Finance.

Messages from the Executive

      A communication from His Excellency, the Governor, advised that on February 9, 2022, he approved S. B. 244.

Messages from the Senate

A message from the Senate, by

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

Com. Sub. for H. B. 4062, Removing the residency requirement for the Commissioner of the Division of Highways.

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

On page one, section two, line four, after the word “responsibilities;”, by inserting the words “shall be a resident of West Virginia;”.

And,

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

Com. Sub. for H. B. 4062 – “A Bill to amend and reenact §17-2A-2 of the Code of West Virginia, 1931, as amended, relating to modifying the residency requirement for the Commissioner of the Division of Highways.”

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

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 96), and there were—yeas 94, nays 4, absent and not voting 2, with the nays and the absent and not voting being as follows:

Nays: Fluharty, McGeehan, Paynter and Pushkin.

Absent and Not Voting: Clark and Horst.

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4062) passed.

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

A message from the Senate, by

The Clerk of the Senate, announced that the Senate had passed, with amendment, to take effect from passage, a bill of the House of Delegates, as follows:

H. B. 4301, Reforming membership requirements of Huntington Park and Recreation District Board.

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

On page two, section two, line forty, by striking out “1”.

And,

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

H. B. 4301 – “A Bill to amend and reenact section two, chapter 26, Acts of the Legislature, regular session, 1924 (municipal charters), as last amended by chapter 100, Acts of the Legislature, regular session 2003, relating to election of commissioners to Greater Huntington Park and Recreation District Board; providing for nonpartisan elections; modifying composition of board; modifying timing of elections; providing for number and composition of commissioners to be elected at primary election in 2022; providing for number and composition of commissioners to be elected at primary election in 2024; and providing for number and composition of commissioners to be elected at primary election in 2026.”

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

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 97), and there were—yeas 96, nays 2, absent and not voting 2, with the nays and the absent and not voting being as follows:

Nays: Kimes and Steele.

Absent and Not Voting: Clark and Horst.

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4301) passed.

Delegate Summers moved that the bill take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 98), and there were—yeas 97, nays 1, absent and not voting 2, with the nays and the absent and not voting being as follows:

Nays: Steele.

Absent and Not Voting: Clark and Horst.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4301) takes effect from its passage.

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

A message from the Senate, by

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

Com. Sub. for S. B. 242 - “A Bill to amend and reenact §8A-7-10 of the Code of West Virginia, 1931, as amended, relating to municipal and county ordinances generally; prohibiting ordinances that prevent or limit a landowner’s complete use of natural resources or real property for farm or agricultural operations outside of municipalities or urban areas”; which was referred to the Committee on the Judiciary.

A message from the Senate, by

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

Com. Sub. for S. B. 245 - “A Bill to amend and reenact §21-5-3 and §21-5-4 of the Code of West Virginia, 1931, as amended, all relating to wage payment; setting forth methods for employer payment of wages; eliminating the requirements that wage payment by payroll card and direct deposit be agreed upon in writing by both payor and payee; requiring an employer paying wages by payroll card to disclose certain information to employees; and requiring an employer paying wages by payroll card to ensure that an employee can make a single withdrawal per pay period without cost to the employee”; which was referred to the Committee on the Judiciary.

A message from the Senate, by

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

Com. Sub. for S. B. 445 - “A Bill to amend and reenact §8-22-24 of the Code of West Virginia, 1931, as amended, relating to modifying police and firemen pension plans for trustees”; which was referred to the Committee on Finance.

A message from the Senate, by

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

Com. Sub. for S. B. 472 - “A Bill to amend and reenact §49-5-101 of the Code of West Virginia, as amended, relating to including the Juvenile Justice Commission and its designees acting in the courses of their official duties to the list of persons and entities granted access to confidential records; granting 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 attorney or representative access to such records; requiring a court order for any further use of such records outside of the grievance proceeding; requiring that such  court orders limit disclosure to the purposes of the proceeding; and clarifying that nothing in the section may be construed to abrogate the Freedom of Information Act”; which was referred to the Committee on the Judiciary.

A message from the Senate, by

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

Com. Sub. for S. B. 487 - “A Bill to amend and reenact §11B-2-20 of the Code of West Virginia, 1931, as amended, relating to combining the totals of the Revenue Shortfall Reserve Fund and Revenue Shortfall Reserve Fund – Part B when determining surplus deposit eligibility; limiting the amount of surplus deposited into the Revenue Shortfall Reserve Fund; and providing for an effective date”; which was referred to the Committee on Finance.

Resolutions Introduced

Delegates Howell, Linville, Paynter and Hamrick offered the following resolution, which was read by its title and referred to the Committee on the Judiciary then Rules:

H. C. R. 57 - “Applying to the Congress of the United States to call a convention for proposing amendments pursuant to Article V of the United States Constitution limited to proposing amendments that impose limits to the power and jurisdiction of the federal government by allowing the state legislatures of the United States to pass legislation to override certain federal laws deemed too onerous or restrictive.”

SECTION 1. Application for a convention for proposing amendments.

Whereas, Some federal laws have a disproportionate impact on the several states in the Union; and

Whereas, The concentration of power at the federal level has had the effect of making federal officials less responsive to the will of the people and more readily influenced by lobbyists, wealthy corporations, and special interests in Washington, D.C.; and

Whereas, Much of federal law is now enacted by federal bureaucrats who were never chosen by the people and have no accountability to the people whatsoever; and

Whereas, Policy decisions made at the state level tend to be more responsive to the needs and desires of the people; and

Whereas, The federal government has invaded the legitimate roles of the states through the manipulative process of federal mandates, many of which are unfunded to a great extent; and

Whereas, The states have the ability to restore the responsiveness of government to the people and to restrain abuses of federal power by proposing amendments to the Constitution of the United States through a limited Convention of the States under Article V; therefore, be it

Resolved by the Legislature of West Virginia:

That it hereby applies to Congress, under the provisions of Article V of the Constitution of the United States, for the calling of a convention of the states limited to proposing amendments to the Constitution of the United States that limit the power and jurisdiction of the federal government by allowing a vote of three fifths of the several state legislatures to repeal certain federal laws and regulation they deem to be too onerous or restrictive; and, be it

Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution, Legislative Call and application to the President and Secretary of the United States Senate and to the Speaker and Clerk of the United States House of Representatives, and copies to the members of the said Senate and House of Representatives from this state; also to transmit copies hereof to the presiding officers of each of the legislative houses in the several states, requesting their cooperation; and, be it

Further Resolved, That this application constitutes a continuing application in accordance with Article V of the Constitution of the United States until the legislatures of at least two thirds of the several states have made applications on the same subject.

SECTION 2. Reservations, understandings and declarations.

The West Virginia Legislature adopts this application expressly subject to the following reservations, understandings and declarations:

1. An application to the Congress of the United States to call an amendment convention of the states pursuant to Article V of the United States Constitution confers no power to Congress other than the power to call such a convention. The power of Congress to exercise this ministerial duty consists solely of the authority to name a reasonable time and place for the initial meeting of a convention;

2. Congress shall perform its ministerial duty of calling an amendment convention of the states only upon the receipt of applications for an amendment convention for the substantially same purpose as this application from two thirds of the legislatures of the several states;

3. Congress does not have the power or authority to determine any rules for the governing of an amendment convention of the states called pursuant to Article V of the United States Constitution. Congress does not have the power to set the number of delegates to be sent by any state to such a convention, nor does it have the power to name delegates to such a convention. The power to name delegates remains exclusively within the authority of the legislatures of the several states;

4. By definition, an amendment convention of the states means that states shall vote on the basis of one state, one vote;

5. A convention of the states convened pursuant to this application shall be limited to consideration of the topics specified herein and no other. This application is made with the express understanding that an amendment that in any way seeks to amend, modify, or repeal any provision of the Bill of Rights shall not be authorized for consideration at any stage. This application shall be void ab initio if ever used at any stage to consider any change to any provision of the Bill of Rights;

6. Pursuant to Article V of the United States Constitution, Congress may determine whether proposed amendments shall be ratified by the legislatures of the several states or by special state ratification conventions. The West Virginia Legislature recommends that Congress select ratification by the legislatures of the several states; and

7. The West Virginia Legislature may provide further instructions to its delegates and may recall its delegates at any time for a breach of a duty or a violation of the instructions provided.

Delegates Capito, Burkhammer, Fast, Hornbuckle, Storch, Summers, Rohrbach, D. Jeffries, Skaff, Lovejoy and Queen offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 58 - “Recognizing February 14, 2022, as National Donor Day.”

Whereas, The State of West Virginia recognizes February 14, 2022, as National Donor Day, a day to celebrate those who save and heal lives as organ, tissue and cornea donors; and

Whereas, The State of West Virginia recognizes Cecil F. Lockhart of Welch, West Virginia, a World War II veteran, who at the age of 95 years old became the oldest organ donor in United States history, donating his liver after his death in May, 2021, to a woman in her 60s, saving her life; and

Whereas, More than 100,000 individuals in the United States, including 500 West Virginians, are currently waiting for a life-saving organ transplant; and

Whereas, Another person is added to the national transplant waiting list every 10 minutes and, on average, 20 people die in the United States each day because the organ they need is not donated in time; and

Whereas, One organ donor can save the lives of eight people and heal 75 others; and

Whereas, West Virginia encourages all residents to register as an organ, tissue and cornea donor online at registerme.org, or at their local West Virginia DMV offices, or on their West Virginia hunting and fishing license application; therefore, be it

Resolved by the Legislature of West Virginia:

That February 14, 2022, be recognized as National Donor Day in the State of West Virginia, to bring awareness to the value and life-saving benefits of organ, tissue and cornea donation; and, be it

Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the Governor.

Delegates Hott, Rowan, Howell, B. Ward, Jennings, Pritt, Kimes, D. Jeffries, Ferrell, Reynolds and Conley offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 59 - “Requesting the Division of Highways name bridge number 29-093/00-003.42 (29A054), locally known as Claysville Bridge, carrying WV 93 over New Creek in Mineral County, the ‘Warrant Officer James Gilbert Bosley Memorial Bridge’.”

Whereas, Warrant Officer James Gilbert Bosley was born on March 15, 1946, in nearby Elk Garde but raised in New Creek, West Virginia, by his aunt and uncle after his father’s death; and

Whereas, Bosley was a member of the 1965 class of Keyser High School where he served as Student Council President and was voted the “Most Popular Boy” in his graduating class; and

Whereas, Bosely was an excellent student, athlete, leader, and nominee for the J. Edward Kelly Award; and

Whereas, Bosley organized a Boy Scouts Troop at the Rees Chapel of New Creek, West Virginia, where he worshiped; and

Whereas, Since Bosely loved his country, he volunteered to serve in the U.S. Army during the Vietnam War; and

Whereas, Bosely became a helicopter pilot and served in Vietnam where he was assigned as a pilot for Secretary of State Robert McNamara and Ambassador Henry Cabot Lodge; and

Whereas, Bosely was killed in a helicopter crash on September 2, 1967, when his UH-ID “Huey” helicopter crashed during a monsoon like storm when he was returning unit leaders from a staff meeting to their men who had unexpectedly come under fire in the field; and

Whereas, Bosley was only 21 at the time of his death; and

Whereas, Bosely was award the National Defense Service Medal, the Vietnam Campaign Medal, the Vietnam Service Medal, the Army Presidential Unit Citation, the Vietnam Gallantry Cross, and the Army Good Conduct Medal; and

Whereas, Bosely is laid to rest in the Queens Meadow Point Cemetery in Keyser, West Virginia; and

Whereas, Bosely paid the ultimate sacrifice for the State of West Virginia and the United States of America and his service and sacrifice shall never be forgotten; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways name bridge number 29-093/00-003.42 (29A054), locally known as Claysville Bridge, carrying WV 93 over New Creek in Mineral County, the “Warrant Officer James Gilbert Bosley 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 “Warrant Officer James Gilbert Bosley Memorial Bridge”; and, be it

Further Resolved, That the Clerk of the House forward a copy of this resolution to the Commissioner of the Division of Highways.

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

H. C. R. 60 - “Requesting the Division of Highways name bridge number 18-077/00-145.78 (NB-SB) (18A172), locally known as Sandy Creek NB-SB bridges, carrying I-77 over Sandy Creek in Jackson County, the ‘Fire Chief Lee Thomas Memorial Bridge’.”

Whereas, Fire Chief Lee Thomas was born on November 4, 1933, in Sandyville, West Virginia, and passed away on December 7, 2016; and

Whereas, Chief Lee Thomas was inducted into the United States Army on November 18, 1955, attained the rank of Specialist 4, and was honorably discharged on October 31, 1961; and

Whereas, Chief Lee Thomas was a charter member of the Sandyville Volunteer Fire Department, where he served for 48 years, 25 of which were as chief; and

Whereas, It is fitting that an enduring memorial be established to commemorate Fire Chief Lee Thomas and his contributions to his country, state, and his community; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name bridge number 18-077/00-145.78 (NB-SB) (18A172), locally known as Sandy Creek NB-SB bridges, carrying I-77 over Sandy Creek in Jackson County, the “Fire Chief Lee Thomas 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 “Fire Chief Lee Thomas Memorial Bridge”; and, be it

Further Resolved, That the Clerk of the House forward a copy of this resolution to the Commissioner of the Division of Highways.

Bills Introduced

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

By Delegates Hanshaw (Mr. Speaker) and Skaff

[By Request of the Executive]:

H. B. 4606 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §9A-5-1, §9A-5-2, and §9A-5-3, all relating to specifically authorizing programs to assist at-risk veterans through partnerships with service organizations engaged with their local veteran communities to connect veterans and their families with existing resources to combat suicide, and its contributing factors, among the veteran population in this state; providing legislative fundings and purpose; authorizing programs to assist at-risk veterans through partnerships with service organizations to combat suicide and its contributing factors among the veteran population; and providing for funding and grant-making from the Department of Veterans’ Assistance to partner service organizations and for the purposes of this article”; to the Committee on Government Organization.

By Delegates Jennings and Rohrbach:

H. B. 4607 - “A Bill to amend and reenact §16-2D-9 and §16-2D-11 of the Code of West Virginia, 1931, as amended, relating to certificate of need; removing a health services from the list of services which may not be developed; and exempting health services from certificate of need”; to the Committee on Health and Human Resources.

By Delegates Riley, Statler, Maynard, Hardy, Paynter, Jennings, Honaker, Maynor, Phillips, Queen and Pack:

H. B. 4608 - “A Bill to amend and reenact §15A-11-8 of the Code of West Virginia, 1931, as amended, relating to the probationary status of volunteer firefighters; defining terms; and providing for an effective date”; to the Committee on Fire Departments and Emergency Medical Services then Government Organization.

By Delegate Rohrbach:

H. B. 4609 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-5-29, relating to specifying services that shall be provided by the traumatic brain injury waiver program”; to the Committee on Health and Human Resources.

By Delegate Hornbuckle:

H. B. 4610 - “A Bill to amend the Code of West Virginia,1931, as amended, by adding thereto a new article, designated §21-3F-1, §21-3F-2, §21-3F-3, §21-3F-4, and §21-3F-5, all relating to enacting a workplace violence prevention for health care and social service workers act; providing legislative findings, definitions, workplace violence prevention standard, and requirements for such”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Howell, Steele, Paynter, Linville and Hamrick:

H. B. 4611 - “A Bill to amend and reenact §3-1-34 and §3-1-41 of the Code of West Virginia, 1931, as amended; and to amend and reenact §3-2-11 of said code, all relating to providing an exception to the requirements for voters to present a valid identifying document when appearing in person to vote at the polls; permitting the transfer by the Division of Motor Vehicles to the Secretary of State of electronic images of registered voters issued a driver’s license or other photographic identification card; and requiring poll worker to permit voters whose respective images in the poll books are truly an image of the voter appearing in person to vote at the polls without challenge”; to the Committee on Government Organization then the Judiciary.

By Delegates Storch, Criss, Householder, Statler, Riley, Westfall, Wamsley, Jennings, D. Kelly and Pethtel:

H. B. 4612 - “A Bill to amend and reenact §8-22A-18 of the Code of West Virginia, 1931, as amended, relating to decreasing the time period of eligibility for nonduty disability from 10 to five or more years of contributory service for the West Virginia Municipal Police Officers and Firefighters Retirement System”; to the Committee on Pensions and Retirement then Finance.

By Delegates Storch, Gearheart, Householder, Criss, Statler, Westfall, Riley, Wamsley, Jennings, D. Kelly and Pethtel:

H. B. 4613 - “A Bill to amend and reenact §8-22A-2 of the Code of West Virginia, 1931, as amended, relating to increasing the multiplier for use in determining accrued benefit in the West Virginia Municipal Police Officers and Firefighters Retirement System”; to the Committee on Pensions and Retirement then Finance.

By Delegates Storch, Gearheart, Criss, Householder, Statler, Westfall, Riley, Wamsley, Jennings, D. Kelly and Pethtel:

H. B. 4614 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-22-6a, relating to authorizing service credit for unused accrued annual or sick leave days for use in determining retirement benefits from the municipal police and firefighter retirement systems still administered by municipalities”; to the Committee on Pensions and Retirement then Finance.

By Delegates G. Ward, Barnhart, Haynes and Foster:

H. B. 4615 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-13-28, relating to permitting municipalities to create a tax reduction fund; reduce taxes or fees on businesses and individuals; and use the savings funds for losses or short falls in the prior fiscal year”; to the Committee on Finance.

By Delegates Linville, Householder, Kimble, Keaton, Booth, Mallow, Barnhart, Maynard, Howell, Maynor and Wamsley:

H. B. 4616 - “A Bill to amend and reenact §11-15-9 of the Code of West Virginia, 1931, as amended, relating to exempting firearm safe storage products from the consumer sales tax”; to the Committee on Finance.

By Delegates Tully, Wamsley, Maynor, Statler, Ellington, Toney, Steele, Holstein, Sypolt, Bridges and Hanna:

H. B. 4617 - “A Bill to repeal §18-2-33 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §18-16A-1, §18-16A-2, and §18-16A-3, and §18-16A-4 all relating to hazing in K-12 education; establishing the West Virginia Public School Anti-hazing Law; defining terms; prohibiting hazing and providing for penalties; and proving for legislative authority to promulgate rules required to enforce the article”; to the Committee on Education then the Judiciary.

By Delegates Maynard, Criss, Bridges, Holstein, Linville, Howell, Householder, Steele, Anderson, Hott and Espinosa:

H. B. 4618 - “A Bill to amend the Code of West Virginia, 1931, as amended, by creating 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 in 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, and members or employees of financial institutions for actions taken in compliance with the new code section”; to the Committee on Banking and Insurance then Government Organization then the Judiciary.

By Delegates Crouse, Clark, Longanacre, Hanna, Pritt, Mazzocchi and J. Jeffries:

H. B. 4619 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-9G-1, §18-9G-2, §18-9G-3, §18-9G-4, §18-9G-5, §18-9G-6, §18-9G-7, and §18-9G-8, all relating to video cameras in public classrooms; authorizing county boards to adopt a policy to install video cameras in public classrooms; defining the term ‘incident’; providing requirements for such cameras; requiring a written explanation if operation of such cameras is interrupted; requiring county boards to retain such explanation for a specified time period; requiring county boards to provide written notice of the installation of such cameras to certain individuals; providing requirements for retaining and deleting video recordings; prohibiting schools and county boards from certain actions regarding such recordings; providing that school principals are custodians of such cameras and recordings; specifying requirements for viewing such recordings; providing for an appeal process; setting forth limitations on liability; requiring the State Board of Education to collect specified information; and authorizing the State Board of Education to promulgate rules”; to the Committee on Education then Finance.

By Delegates Crouse, Hanna, Pritt, Longanacre, Mazzocchi, J. Jeffries and Honaker:

H. B. 4620 - “A Bill to amend §16-3-4 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §18B-1-12; and to amend §21-1A-3, all relating to providing parents the option to have their children vaccinated as a condition to entry of schools; forbidding schools from requiring masks on children under age 18; allowing those over 18 to make their own decisions regarding vaccinations as a condition of entry to colleges and trade schools in West Virginia; forbidding colleges and trade schools from requiring masks at their campuses for students 18 and over; and forbidding businesses from requiring vaccines or masks as a condition of employment or entry into an establishment”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Steele and Foster:

H. B. 4622 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2K-1, §5B-2K-2, §5B-2K-3 and §5B-2K-4; to amend said code by adding thereto a new section, designated §22-5-11b; and to amend and reenact §22B-1-7 of said code, all relating generally to the Natural Gas Fired Electricity Generation Development Act of 2022; providing for a short title; making legislative findings and declarations; requiring designation of suitable sites for natural gas electric generation and reporting to the Division of Air Quality of the West Virginia Department of Environmental Protection and the West Virginia Public Service Commission; requiring construction and operating permits for natural gas electric generation facilities, including expedited consideration; and requiring prompt consideration of appeals by the Air Quality Board concerning natural gas electric generation facility permits”; to the Committee on Energy and Manufacturing then Government Organization.

By Delegates Phillips and Doyle:

H. B. 4623 - “A Bill to amend and reenact §36B-1-103 of the Code of West Virginia, 1931, as amended; and to amend and reenact §36B-3-108 and §36B-3-110 of said code, all relating to the Uniform Common Interest Ownership Act; defining ‘electronic’; establishing requirements for the holding of meetings; and creating procedures for voting and proxy voting”; to the Committee on the Judiciary.

By Delegates Pinson, B. Ward, D. Kelly, Honaker, Hott, Pack, Brown, Lovejoy, Garcia, Dean and Worrell:

H. B. 4624 - “A Bill to amend and reenact §7-14D-2 and §7-14D-14 of the Code of West Virginia, 1931, as amended; and to amend and reenact §7-14E-2 of said code, all relating to providing increased benefits for retired sheriff’s deputies; adjusting the percentage factor for members retired after July 1, 2018; increasing the benefit amount for totally disabled retirees; and authorizing the increase of certain fees, paid by the county, for deposit into the Deputy Sheriff Retirement Fund”; to the Committee on Pensions and Retirement then Finance.

By Delegate Summers:

H. B. 4625 - “A Bill to amend and reenact §16-3-4b of the Code of West Virginia, 1931, as amended, relating to COVID-19 immunization exemption requirements; and providing that the definition of ‘covered employer’ does not include Medicare or Medicaid-certified facilities”; to the Committee on Health and Human Resources.

By Delegates Linville, Foster, Steele, Maynard and Keaton:

H. B. 4626 - “A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-6-4a, all relating to required information for job postings; defining terms; requiring the Division of Personnel to compensation information within job postings; and requiring state agencies to provide certain compensation information to the Division of Personnel”; to the Committee on Government Organization.

By Delegate Steele:

H. B. 4627 - “A Bill to amend and reenact §16A-7-4 of the Code of West Virginia, 1931, as amended, relating to providing for no more than two licensed laboratories for medical cannabis testing in this state”; to the Committee on the Judiciary.

By Delegates Pinson, Steele, Kessinger, Burkhammer, Brown, Fast, Foster, B. Ward, D. Kelly, D. Jeffries and Hanna:

H. B. 4628 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §35-1A-1, §35-1A-2, and §35-1A-3, all relating to forbidding excessive government limitations on exercise on religion; providing definitions; forbidding government to treat religious conduct more restrictively than any conduct of reasonably comparable risk; forbidding government to treat religious conduct more restrictively than comparable conduct because of alleged economic need or benefit; to ensure that, in all cases where state action is alleged to substantially burden the exercise of religion, that a compelling interest test is mandated, and strict scrutiny is applied; providing remedies; and addressing applicability, construction, and severability”; to the Committee on the Judiciary.

By Delegates Steele, Hanshaw (Mr. Speaker), Summers, Espinosa, Ellington, Householder, Foster, D. Jeffries, Barrett, Maynor and Criss:

H. B. 4629 - “A Bill to amend and reenact § 55-17-3 of the Code of West Virginia, 1931, as amended, relating to actions against the State of West Virginia, requiring the Attorney General or the chief officer of the subject government agency to issue a response to the potential claimant within 60 days of receipt of the notice to file suit, toll the statute of limitations during pre-suit negotiations for actions against the state, afford a 90 day time to file suit absent pretrial negotiations, dismiss claims absent suit filed within this 90 days, and provide an effective date”; to the Committee on the Judiciary.

By Delegates Walker, Pushkin, Evans and Fleischauer:

H. B. 4630 - “A Bill to amend and reenact §37-6A-2 of the Code of West Virginia, 1931, as amended, relating to requiring landlords to provide renters with the full amount of their security deposit if the landlord has failed any dwelling unit inspections on the property where the tenant is renting or leasing”; to the Committee on the Judiciary.

By Delegates Walker and Rohrbach:

H. B. 4631 - “A Bill to amend the Code of West Virginia, 1931, by adding thereto a new article, designated §16-65-1, relating to establishing a bone marrow and peripheral blood stem donation awareness program; directing the Department of Health and Human Services to create a website resource to inform and promote donation awareness; providing contents of  electronic brochure and website; and providing for consultation with certain health care providers to promote awareness of the federal and any state resources available for donations”; to the Committee on Health and Human Resources.

By Delegates Conley, McGeehan, Phillips, Paynter, G. Ward, Kimble, Mazzocchi and Pritt:

H. B. 4632 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-3-10f; and to amend said code by adding another new section, designated §12-4-13, all relating to eliminating state funding to any institution, political subdivision, or organization that requires its employees to be vaccinated for prevention of the COVID-19 disease; prohibiting state contracts with identified vendors; defining state grants, prohibiting state grants to issue or be awarded to such institutions, political subdivisions, or other organizations”; to the Committee on Finance.

By Delegates Conley, Foster and Pritt:

H. B. 4633 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-3-23, relating to holding employers liable for all injuries and damages, up to and including death, caused by COVID-19 vaccines or vaccines for the variants of COVID-19, such as the Delta variant, that has been mandated by the employer to the employee as a condition of employment”; to the Committee on the Judiciary.

By Delegates Espinosa, Foster, Steele, Martin, Jennings, Horst, Burkhammer, Holstein and Howell:

H. B. 4634 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-17-1, §21-17-2, §21-17-3, §21-17-4, §21-17-5, §21-17-6, §21-17-7, §21-17-8, §21-17-9, §21-17-10, §21-17-11, and §21-17-12; to amend said code by adding thereto a new article, designated §29-33-1, §29-33-2, §29-33-3, §29-33-4, §29-33-5, §29-33-6, §29-33-7, §29-33-8, §29-33-9, §29-33-10, §29-33-11, and §29-33-12; and to amend said code by adding thereto a new article, designated §30-1F-1, §30-1F-2, §30-1F-3, §30-1F-4, §30-1F-5, §30-1F-6, §30-1F-7, §30-1F-8, §30-1F-9, §30-1F-10, §30-1F-11, and §30-1F-12, all relating to occupational licensing or other authorization to practice; providing for definitions; providing for an application method for persons with a valid license in another state to be licensed in this state; providing that a person applying for licensure in this state has worked in the licensed occupation for at least one year; providing for other criteria a person must satisfy when applying for licensure in this state; establishing that an applicant seeking licensure in this state not have ever had a license revoked or suspended in another state; providing that an applicant seeking licensure in this state not have any pending investigations or disciplinary proceedings in another state; providing that the boards in every state where a person is licensed hold the applicant in good standing for licensure in this state; providing that an applicant pay all applicable fees; providing that an applicant meet all state bonding requirements for licensure in this state; providing for an application fee that may be assessed by the board; providing for 60 days for a board to take action on a completed application; providing for an appeal mechanism for a person to appeal any decision of a board relating to occupational licensure; providing for state law preemption against any township, municipality, county, or other government to regulate occupational licensure; providing for certain exempted professions; and providing for rulemaking authority to any board affected to carry out the provisions of the article”; to the Committee on Government Organization.

Special Calendar

Unfinished Business

The following resolutions, coming up in regular order as unfinished business, were, in the absence of objection, considered en masse, and adopted:

H. C. R. 6, Elmer Galford Memorial Road,

H. C. R. 8, U.S. Army Private Elmo Davis Memorial Road,

H. C. R. 10, Lance CPL Leonard Joe Zelaski Memorial Bridge,

H. C. R. 16, World War II Veterans Toothman Brothers Memorial Bridge,

H. C. R. 17, Daniel Okey Cunningham Memorial Bridge,

H. C. R. 28, Cpt. Billy Jake Smith Memorial Bridge,

H. C. R. 30, To name the U.S. Army Pvt. Dallis H. Johnson WWII Memorial Bridge,

H. C. R. 34, U.S. Navy Seaman 1st Class Byrne Lee Singleton Memorial Bridge,

H. C. R. 37, U.S. Army Corporal Charles William “Bill” Knight Memorial Bridge,

H. C. R. 38, To name the “Dale Shaheen and George H. Hooker Memorial Bridge”,

And,

H. C. R. 40, To name the USMC Cpl Guy Maywood Edwards Memorial Bridge.

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

H. R. 6, Urging the Army Corps of Engineers to support hydroelectric power generation at the Summersville Dam; coming up in regular order, as unfinished business, was reported by the Clerk, and adopted.

Third Reading

Com. Sub. for H. B. 4032, Modifying the criminal penalties imposed on a parent, guardian or custodian for child abuse; 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. 99), and there were—yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

Absent and Not Voting: Clark and Horst.

So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4032) passed.

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

Com. Sub. for H. B. 4098, Relating to Geothermal Energy Development; 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. 100), and there were—yeas 96, nays 2, absent and not voting 2, with the nays and the absent and not voting being as follows:

Nays: Gearheart and Paynter.

Absent and Not Voting: Clark and Horst.

So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4098) passed.

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

Com. Sub. for H. B. 4297, To facilitate the sharing of information between the Department of Health and Human Resources and the State Auditor’s office in order to investigate reports of financial abuse and neglect of a vulnerable adult; 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. 101), and there were—yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

Absent and Not Voting: Clark and Horst.

So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4297) passed.

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

H. B. 4522, Relating to the expungement of criminal records; 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. 102), and there were—yeas 96, nays 2, absent and not voting 2, with the nays and the absent and not voting being as follows:

Nays: Fast and Steele.

Absent and Not Voting: Clark and Horst.

So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (H. B. 4522) passed.

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

Second Reading

Com. Sub. for S. B. 279, Authorizing DEP to promulgate legislative rules; on second reading, coming up in regular order, was read a second time.

      Delegate Hansen moved to amend the bill on page two, section one, line twenty-seven, by striking out the period, inserting a semi-colon, and the following:

      “And,

      On page sixteen, subdivision 8.2.c., on line seven, by striking out the words ‘but are not subject to’ and inserting in lieu thereof, the word ‘and’.”

On the adoption of the amendment, the yeas and nays were demanded, which demand was sustained.

The yeas and nays having been ordered, they were taken (Roll No. 103), and there were—yeas 24, nays 74, absent and not voting 2, with the yeas and the absent and not voting being as follows:

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

Absent and Not Voting: Clark and Horst.

So, a majority of the members present not having voted in the affirmative, the amendment was rejected.

      Delegate Pushkin moved to amend the bill on page two, section one, line twenty-seven, by striking out the period and inserting a semi-colon and the following:

      “And,

      On page forty-three, Appendix E, Table 1, by amending the Parameter for DDT by deleting all the underlined language and restoring the existing rule language for all use designations.”

On the adoption of the amendment, the yeas and nays were demanded, which demand was sustained.

The yeas and nays having been ordered, they were taken (Roll No. 104), and there were—yeas 24, nays 73, absent and not voting 3, with the yeas and the absent and not voting being as follows:

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

Absent and Not Voting: Bridges, Clark and Horst.

So, a majority of the members present not having voted in the affirmative, the amendment was rejected.

There being no further amendments, the bill was then ordered to third reading.

S. B. 450, Updating definitions of WV Personal Income Tax Act; on second reading, coming up in regular order, was read a second time.

An amendment recommended by the Committee on Finance, was reported by the Clerk and adopted, on page one, section nine, line nineteen, following the word “year”, by striking out “2021” and inserting in lieu thereof “2022”.

The bill was then ordered to third reading.

S. B. 451, Updating definitions of WV Corporation Net Income Tax Act; on second reading, coming up in regular order, was read a second time and ordered to third reading.

H. B. 4007, To reduce personal income tax rates ; on second reading, coming up in regular order, was read a second time.

Delegate Bates moved to amend the bill on page one, section four-g, by striking out the section heading in its entirety and inserting in lieu thereof a new section heading to read as follows:

“§11-21-4g. Rate of tax — Taxable years beginning after December 31, 2021.”

And,

On page two, section four-g, on line forty-nine after the comma, by striking out the year “2022” and inserting in lieu thereof the year “2021”.

On the adoption of the amendment, the yeas and nays were demanded, which demand was sustained.

The yeas and nays having been ordered, they were taken (Roll No. 105), and there were—yeas 37, nays 59, absent and not voting 4, with the yeas and the absent and not voting being as follows:

Yeas: Barach, Barrett, Bates, Boggs, Brown, Conley, Dean, Diserio, Doyle, Evans, Fleischauer, Fluharty, Garcia, Griffith, Hansen, Honaker, Hornbuckle, J. Jeffries, Keaton, Kimes, Linville, Longanacre, Lovejoy, McGeehan, Paynter, Pethtel, Pinson, Pritt, Pushkin, Rowe, Skaff, Walker, Wamsley, G. Ward, Williams, Young and Zukoff.

Absent and Not Voting: Bridges, Clark, Horst and Martin.

So, a majority of the members present not having voted in the affirmative, the amendment was rejected.

      Delegates Rowe, Boggs, Pethtel, Fluharty, Williams and Hornbuckle moved to amend the bill on page two, section four-q, by striking out lines 12 through 45, and inserting in lieu thereof, the following:

“
Taxable Income	Tax Rate
Not over $10,000	2.7% of taxable income
Over $10,000 but not over $25,000	$270 plus 3.6% of excess over $10,000
Over $25,000 but not over $40,000	$810 plus 4.05% of excess over $25,000
Over $40,000 but not over $60,000	$1,417.50 plus 5.4% of excess over $40,000
Over $60,000 but not over $100,000	$2,497.50 plus 5.85% of excess over $60,000
Over $100,000	$4,837.50 plus 6.5% of excess over $100,000
(2) Rate of tax on married individuals filing separate returns. — In the case of husband and wife filing separate returns under this article for the taxable year, the tax imposed by §11-21-3 of this code on the West Virginia taxable income of each spouse shall be determined in accordance with the following table:
Taxable Income	Tax Rate
Not over $5,000	2.7% of taxable income
Over $5,000 but not over $12,500	$135 plus 3.6% of excess over $5,000
Over $12,500 but not over $20,000	$405 plus 4.05% of excess over $12,500
Over $20,000 but not over $30,000	$708.75 plus 5.4% of excess over $20,000
Over $30,000 but not over $50,000	$1,248.75 plus 5.85% of excess over $30,000
Over $50,000	$2,418.75 plus 6.5% of excess over $50,000”

On the adoption of the amendment, the yeas and nays were demanded, which demand was sustained.

The yeas and nays having been ordered, they were taken (Roll No. 106), and there were—yeas 22, nays 73, absent and not voting 5, with the yeas and the absent and not voting being as follows:

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

Absent and Not Voting: Bridges, Clark, Horst, Howell and Martin.

So, a majority of the members present not having voted in the affirmative, the amendment was rejected.

Delegates Doyle and Boggs moved to amend the bill on pages one and two, lines one through forty-nine, by striking out section four-g in its entirety and inserting in lieu thereof, the following:

      “Effective for taxable years beginning after December 31, 2022, there shall be standard deduction of $7,000.00 for all filers.”

On the adoption of the amendment, the yeas and nays were demanded, which demand was sustained.

The yeas and nays having been ordered, they were taken (Roll No. 107), and there were—yeas 21, nays 74, absent and not voting 5, with the yeas and the absent and not voting being as follows:

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

Absent and Not Voting: Bridges, Clark, Horst, Howell and Martin.

So, a majority of the members present not having voted in the affirmative, the amendment was rejected.

There being no further amendments, the bill was then ordered to engrossment and third reading.

Com. Sub. for H. B. 4114, Authorizing certain agencies of the Department of Administration to promulgate legislative rules; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Com. Sub. for H. B. 4295, To transfer the State Office of the National Flood Insurance Program from the Offices of the Insurance Commissioner to the Division of Emergency Management; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Com. Sub. for H. B. 4420, To modify definitions of school bus operators; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 4438, Applying current requirements for certain voting systems to be independent and non-networked to all voting systems that seek certification in West Virginia.; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 4517, Relating to the repealing requirements to display video ratings; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 4535, Repeal section relating to school attendance and satisfactory academic progress as conditions of licensing for privilege of operation of motor vehicle; on second reading, coming up in regular order, was read a second time.

Delegates Gearheart and Ellington moved to amend the bill on page one, following the enacting clause by striking out the remainder of the bill and inserting in lieu thereof the following:

“ARTICLE 8. COMPULSORY SCHOOL ATTENDANCE.

§18-8-11. School attendance and satisfactory academic progress as conditions of licensing for privilege of operation of motor vehicle.

(a) In accordance with the provisions of §17B-2-3a and §17B-2-5 of this code, the Division of Motor Vehicles shall deny a license or instruction permit for the operation of a motor vehicle to any person under the age of 18 who does not at the time of application present a diploma or other certificate of graduation issued to the person from a secondary high school of this state, home school administrator or any other state or documentation that the person: (1) Is enrolled and making satisfactory progress in a course leading to a general education development certificate (GED) from a state-approved institution or organization or has obtained the certificate; (2) is enrolled and is making satisfactory academic progress in a secondary school or home school of this state or any other state; (3) is excused from the requirement due to circumstances beyond his or her control; or (4) is enrolled in an institution of higher education as a full-time student in this state or any other state.

(b) The attendance director, or chief administrator or home school administrator shall, upon request, provide a driver’s eligibility certificate on a form approved by the Department of Education to any student at least 15 but less than 18 years of age who is properly enrolled and is making satisfactory academic progress in a school under the jurisdiction of the official for presentation to the Division of Motor Vehicles on application for or reinstatement of an instruction permit or license to operate a motor vehicle: Provided, That a parent or legal guardian of a child who is being educated pursuant to §18-8-1(c) of this code may provide a signed statement in lieu of a driver’s eligibility certificate issued by the attendance director or chief administrator affirming that the child is being educated in accordance with law, is making satisfactory academic progress, and meets the conditions to be eligible to obtain any permit or license under this section. The Division of Motor Vehicles may accept from a county board of education electronic notice of a student’s compliance with the provisions of this section in lieu of any written form or written statement otherwise required from an applicant for an instruction permit or driver’s license.

(c) Whenever a student at least 15 but less than 18 years of age, except as provided in subsection (g) of this section, withdraws from school, the attendance director or chief administrator shall notify the Division of Motor Vehicles of the student’s withdrawal no later than five days from the date of the withdrawal. Within five days of receipt of the notice, the Division of Motor Vehicles shall send notice to the student that the student’s instruction permit or license to operate a motor vehicle will be suspended under the provisions of §17B-3-6 of this code on the 30th day following the date the notice was sent unless documentation of compliance with the provisions of this section is received by the Division of Motor Vehicles before that time. The notice shall also advise the student that he or she is entitled to a hearing before the county superintendent of schools or his or her designee or before the appropriate private school official concerning whether the student’s withdrawal from school was due to a circumstance or circumstances beyond the control of the student. If suspended, the division may not reinstate an instruction permit or license until the student returns to school and shows satisfactory academic progress or until the student attains 18 years of age.

(d) Whenever a student at least 15 but less than 18 years of age is enrolled in a secondary school and fails to maintain satisfactory academic progress, the attendance director, or chief administrator or home school administrator shall follow the procedures set out in subsection (c) of this section to notify the Division of Motor Vehicles. Within five days of receipt of the notice, the Division of Motor Vehicles shall send notice to the student that the student’s instruction permit or license will be suspended under the provisions of §17B-3-6 of this code on the 30th day following the date the notice was sent unless documentation of compliance with the provisions of this section is received by the Division of Motor Vehicles before that time. The notice shall also advise the student that he or she is entitled to a hearing before the county superintendent of schools or his or her designee or before the appropriate private school official concerning whether the student’s failure to make satisfactory academic progress was due to a circumstance or circumstances beyond the control of the student. Once suspension is ordered, the division may not reinstate an instruction permit or license until the student shows satisfactory academic progress or until the student attains 18 years of age.

(e) Upon written request of a student, within 10 days of receipt of a notice of suspension as provided by this section, the Division of Motor Vehicles shall afford the student the opportunity for an administrative hearing. The scope of the hearing shall be limited to determining if there is a question of improper identity, incorrect age, or some other clerical error.

(f) For the purposes of this section:

(1) ‘Withdrawal’ is defined as more than 10 consecutive or 15 total days unexcused absences during a school year, or suspension pursuant to §18A-5-1a(a) and §18A-5-1a(b) of this code.

(2) ‘Satisfactory academic progress’ means the attaining and maintaining of grades sufficient to allow for graduation and course work in an amount sufficient to allow graduation in five years or by age 19, whichever is earlier.

(3) ‘Circumstances outside the control of the student’ shall include, but not be limited to, medical reasons, familial responsibilities, and the necessity of supporting oneself or another.

(4) Suspension or expulsion from school or imprisonment in a jail or a West Virginia correctional facility is not a circumstance beyond the control of the student; and

(5) ‘Home school administrator’ means a person authorized pursuant to §18-8-12 of this code to issue diplomas and other credentials to persons completing a program of secondary education.

(g) Whenever the withdrawal from school of the student, the student’s failure to enroll in a course leading to or to obtain a GED or high school diploma, or the student’s failure to make satisfactory academic progress is due to a circumstance or circumstances beyond the control of the student, or the withdrawal from school is for the purpose of transfer to another school as confirmed in writing by the student’s parent or guardian, or the student makes a formal written withdrawal notification to the school and provides evidence of gainful employment, no notice shall be sent to the Division of Motor Vehicles to suspend the student’s motor vehicle operator’s license and if the student is applying for a license, the attendance director, or chief administrator or home school administrator shall provide the student with documentation to present to the Division of Motor Vehicles to excuse the student from the provisions of this section. The school district superintendent (or the appropriate school official of any private secondary school or home school) with the assistance of the county attendance director and any other staff or school personnel shall be the sole judge of whether any of the grounds for denial or suspension of a license as provided by this section are due to a circumstance or circumstances beyond the control of the student.

(h) The state board shall promulgate rules necessary for uniform implementation of this section among the counties and as may otherwise be necessary for the implementation of this section. The rule may not include attainment by a student of any certain grade point average as a measure of satisfactory progress toward graduation.”

Whereupon,

Delegate Ellington asked and obtained unanimous consent to be removed as a cosponsor of the amendment.

On the adoption of the amendment, the yeas and nays were demanded, which demand was sustained.

The yeas and nays having been ordered, they were taken (Roll No. 108), and there were—yeas 20, nays 73, absent and not voting 7, with the yeas and the absent and not voting being as follows:

Yeas: Anderson, Barach, Boggs, Brown, Dean, Diserio, Doyle, Evans, Fast, Gearheart, Graves, Griffith, Hornbuckle, Lovejoy, Pethtel, Rowe, Walker, Westfall, Williams and Hanshaw (Mr. Speaker).

Absent and Not Voting: Bridges, Clark, Horst, Householder, Howell, Martin and Worrell.

So, a majority of the members present not having voted in the affirmative, the amendment was rejected.

The bill was then ordered to engrossment and third reading.

First Reading

Com. Sub. for H. B. 2257, Relating to extended supervision for certain drug offenders; on first reading, coming up in regular order, was read a first time and ordered to second reading.

Com. Sub. for H. B. 4483, Relating to establishing term limits to certain real property interests and registration requirements associated with carbon offset agreements; on first reading, coming up in regular order, was, at the request of Delegate Summers, and by unanimous consent, postponed one day.

Leaves of Absence

At the request of Delegate Summers, and by unanimous consent, leaves of absence for the day were granted Delegates Clark and Horst.

Miscellaneous Business

Pursuant to House Rule 132, unanimous consent was requested and obtained to print the remarks of the following in the Appendix to the Journal:

- Delegate Smith regarding Com. Sub. for H. B. 4032

Pursuant to House Rule 94b, forms were filed with the Clerk’s Office to be added as a cosponsor of the following:

H. B. 4264: Delegates Evans, J. Kelly, Kimble and Pethtel;

H. B. 4394: Delegates Espinosa, Householder and Summers;

H. B. 4578: Delegates Pack, Pinson and Pushkin;

H. B. 4619: Delegate Mandt;

And,

H. B. 4620: Delegate Mandt.

Pursuant to House Rule 94b, a form was filed with the Clerk’s Office to be removed as a cosponsor of the following:

H. B. 4560: Delegate Espinosa.

At 1:51 p.m., the House of Delegates adjourned until 11:00 a.m., Friday, February 11, 2022.

HOUSE OF DELEGATES

STEPHEN J. HARRISON, Clerk

Building 1, Room M-212

1900 Kanawha Blvd., East

Charleston, WV 25305-0470