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Monday, February 28, 2022
FORTY-EIGHTH DAY
[DELEGATE ESPINOSA, MAJORITY WHIP, IN THE CHAIR]
The House of Delegates was called to order by the Honorable Paul Espinosa, Majority Whip.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Friday, February 25, 2022, being the first order of business, when the further reading thereof was dispensed with and the same approved.
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. 489 - “A Bill to amend and reenact §7-14-17c of the Code of West Virginia, 1931, as amended, relating to clarifying the amount of a deputy sheriff’s annual monetary payment for years of service”; which was referred to the Committee on Finance.
Motions
Delegate Thompson was recognized and moved, pursuant to House Rule 82, that H. B. 4741 be discharged from the Committee on Government Organization.
Delegate Summers moved that the motion be tabled.
On this question, the yeas and nays were demanded, which demand was sustained.
Having been ordered, the yeas and nays were taken (Roll No. 256), and there were—yeas 74, nays 21, absent and not voting 5, with the nays and the absent and not voting being as follows:
Nays: Barach, Boggs, Brown, Diserio, Doyle, Evans, Fleischauer, Fluharty, Garcia, Griffith, Hansen, Lovejoy, Pethtel, Pushkin, Rowe, Skaff, Thompson, Walker, Williams, Young and Zukoff.
Absent and Not Voting: Hornbuckle, Howell, Jennings, Pinson and Hanshaw (Mr. Speaker).
So, a majority of the members present having voted in the affirmative, the motion was laid upon the table.
Special Calendar
Unfinished Business
The following resolutions, on unfinished business, were, in the absence of objection, considered en bloc, and adopted:
S. C. R. 15, US Army PVT Shirley E. Bailey Memorial Bridge,
Com. Sub. for S. C. R. 17, US Air Force SSGT Logan A. Young Memorial Bridge,
S. C. R. 21, Putnam County Veterans Memorial Bridge,
Com. Sub. for S. C. R. 27, US Army TSGT Harold William Schmidle Memorial Bridge,
S. C. R. 34, USMC SGTMAJ Herman H. Brawner Memorial Bridge,
H. C. R. 89, Hajash Brothers Memorial Bridge,
And,
H. C. R. 90, U.S. Army PVT Robert (Bob) Mullins Sr. Memorial Bridge.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein on those requiring the same.
S. C. R. 6, Holden 22 Coal Miners Memorial Bridge; on unfinished business, was reported by the Clerk.
On the question of the adoption of the resolution, the yeas and nays were demanded, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 257), and there were—yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent and Not Voting: Hornbuckle, Howell, Jennings, Pinson and Hanshaw (Mr. Speaker).
So, a majority of the members present having voted in the affirmative, the Presiding Officer declared the resolution (S. C. R. 6) adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. C. R. 46, Supporting North Central WV aviation and aerospace industries; on unfinished business, was reported by the Clerk, and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates
Third Reading
S. B. 639, Providing 45-day waiting period on rate increases when water and sewer services are purchased from municipality; 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. 258), and there were—yeas 95, nays 1, absent and not voting 4, with the nays and the absent and not voting being as follows:
Nays: Riley.
Absent and Not Voting: Hornbuckle, Howell, Jennings and Hanshaw (Mr. Speaker).
So, a majority of the members present having voted in the affirmative, the Presiding Officer declared the bill (S. B. 639) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for H. B. 4408, Relating to contracts for construction of recreational facilities in state parks and forests; 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. 259), and there were—yeas 77, nays 20, absent and not voting 3, with the nays and the absent and not voting being as follows:
Nays: Barach, Diserio, Doyle, Evans, Fast, Fleischauer, Griffith, Hansen, Hardy, Hornbuckle, Kessinger, Lovejoy, Martin, Nestor, Pushkin, Rowe, Thompson, Walker, Williams and Young.
Absent and Not Voting: Howell, Jennings and Hanshaw (Mr. Speaker).
So, a majority of the members present having voted in the affirmative, the Presiding Officer declared the bill (Com. Sub. for H. B. 4408) passed.
Delegate Summers moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 260), and there were—yeas 84, nays 13, absent and not voting 3, with the nays and the absent and not voting being as follows:
Nays: Barach, Diserio, Doyle, Fast, Hansen, Hardy, Hornbuckle, Lovejoy, Nestor, Pushkin, Thompson, Walker and Williams.
Absent and Not Voting: Howell, Jennings and Hanshaw (Mr. Speaker).
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Presiding Officer declared the bill (Com. Sub. for H. B. 4408) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4419, Allowing candidate committees and campaign committees to make contributions to affiliated state party executive committees; 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. 261), and there were—yeas 69, nays 28, absent and not voting 3, with the nays and the absent and not voting being as follows:
Nays: Barach, Bates, Boggs, Brown, Diserio, Doyle, Evans, Fast, Fleischauer, Fluharty, Garcia, Griffith, Hansen, Hornbuckle, Kimble, Lovejoy, Pethtel, Pushkin, Rowe, Skaff, Smith, Thompson, Walker, Wamsley, Williams, Worrell, Young and Zukoff.
Absent and Not Voting: Howell, Jennings and Hanshaw (Mr. Speaker).
So, a majority of the members present having voted in the affirmative, the Presiding Officer declared the bill (H. B. 4419) 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. 4510, To provide that third grade students be competent in reading and math before moving on to fourth grade; 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. 262), and there were—yeas 84, nays 11, absent and not voting 5, with the nays and the absent and not voting being as follows:
Nays: Barach, Conley, Hansen, J. Kelly, Nestor, Rowan, Rowe, Thompson, Walker, Wamsley and Zukoff.
Absent and Not Voting: Capito, Howell, Jennings, Young and Hanshaw (Mr. Speaker).
So, a majority of the members present having voted in the affirmative, the Presiding Officer declared the bill (Com. Sub. for H. B. 4510) passed.
Delegate Summers moved that the bill take effect July 1, 2022.
On this question, the yeas and nays were taken (Roll No. 263), and there were—yeas 86, nays 8, absent and not voting 6, with the nays and the absent and not voting being as follows:
Nays: Barach, Hansen, Nestor, Rowan, Thompson, Walker, Wamsley and Zukoff.
Absent and Not Voting: Capito, Howell, Jennings, Pinson, Young and Hanshaw (Mr. Speaker).
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Presiding Officer declared the bill (Com. Sub. for H. B. 4510) takes effect July 1, 2022.
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. 4516, To require medication-assisted treatment programs to have written policies concerning community relations; 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. 264), and there were—yeas 85, nays 5, absent and not voting 10, with the nays and the absent and not voting being as follows:
Nays: Barach, Hansen, Pushkin, Walker and Young.
Absent and Not Voting: Bridges, Capito, Garcia, Howell, Jennings, J. Kelly, Pinson, Thompson, Westfall and Hanshaw (Mr. Speaker).
So, a majority of the members present having voted in the affirmative, the Presiding Officer declared the bill (Com. Sub. for H. B. 4516) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
At 1:14 p.m., the House of Delegates recessed for ten minutes.
Following the recess, the House of Delegates was called to order by the Honorable Paul Espinosa, Majority Whip.
Special Calendar
Third Reading
- continued -
Com. Sub. for H. B. 4540, To update all retirement plans to comport with federal law; 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. 265), and there were—yeas 87, nays none, absent and not voting 13, with the absent and not voting being as follows:
Absent and Not Voting: Boggs, Bridges, Brown, Hanna, Howell, Jennings, Longanacre, Pinson, Pritt, Skaff, Steele, Thompson and Hanshaw (Mr. Speaker).
So, a majority of the members present having voted in the affirmative, the Presiding Officer declared the bill (Com. Sub. for H. B. 4540) 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. 4612, Decreasing the time period of eligibility for nonduty disability from ten to five or more years of service for Municipal Police Officers and Firefighters Retirement; 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. 266), and there were—yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:
Absent and Not Voting: Brown, Hanna, Howell, Jennings, Pinson, Pritt, Steele and Hanshaw (Mr. Speaker).
So, a majority of the members present having voted in the affirmative, the Presiding Officer declared the bill (H. B. 4612) 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. 4613, Relating to increasing the multiplier for use in determining accrued benefit in the West Virginia Municipal Police Officers and Firefighters Retirement System; 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. 267), and there were—yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent and Not Voting: Hanna, Howell, Jennings, Pritt and Hanshaw (Mr. Speaker).
So, a majority of the members present having voted in the affirmative, the Presiding Officer declared the bill (Com. Sub. for H. B. 4613) 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. 4614, Providing optional retirement service credit for unused accrued annual or sick leave days for municipal police and firefighters; 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. 268), and there were—yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent and Not Voting: Howell, Jennings, Pritt and Hanshaw (Mr. Speaker).
So, a majority of the members present having voted in the affirmative, the Presiding Officer declared the bill (Com. Sub. for H. B. 4614) 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. 4657, Creating the Critical Mineral Investment Tax Credit Act of 2022; 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. 269), and there were—yeas 90, nays 6, absent and not voting 4, with the nays and the absent and not voting being as follows:
Nays: Fleischauer, Fluharty, Hardy, Hornbuckle, Pushkin and Walker.
Absent and Not Voting: Howell, Jennings, Pritt and Hanshaw (Mr. Speaker).
So, a majority of the members present having voted in the affirmative, the Presiding Officer declared the bill (Com. Sub. for H. B. 4657) 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. 4660, Establishing the status of beds when an intermediate care facility for individuals with intellectual disabilities closes; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
On motion of Delegate Rohrbach, the bill was amended on page 1, line 13, by striking, “Provided, That when an existing intermediate care facility for individuals with intellectual disabilities voluntarily or involuntarily permanently closes, as determine by the Health Care Authority, those beds shall revert to the Health Care Authority to be redistributed to another provider that has not received any citations related to the health, safety, welfare, or clinical treatment of a consumer in the past 12 months”
And inserting in lieu thereof the following:
“Provided, That when an existing intermediate care facility for individuals with intellectual disabilities voluntarily or involuntarily permanently closes, as determine by the Health Care Authority, those beds shall revert to the Health Care Authority to be redistributed to another provider as determined by a Health Authority Care policy”
Having been engrossed, the bill was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 270), 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: Bridges, Howell, Jennings, Pinson, Pritt and Hanshaw (Mr. Speaker).
So, a majority of the members present having voted in the affirmative, the Presiding Officer declared the bill (Com. Sub. for H. B. 4660) passed.
Delegate Summers moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 271), 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: Bridges, Howell, Jennings, Pinson, Pritt and Hanshaw (Mr. Speaker).
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Presiding Officer declared the bill (Com. Sub. for H. B. 4660) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 4662, Relating to licensure of Head Start facilities in this state; 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. 272), 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: Bridges, Howell, Jennings, Pinson, Pritt and Hanshaw (Mr. Speaker).
So, a majority of the members present having voted in the affirmative, the Presiding Officer declared the bill (Com. Sub. for H. B. 4662) passed.
Delegate Summers moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 273), and there were—yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent and Not Voting: Bridges, Howell, Jennings, Pritt and Hanshaw (Mr. Speaker).
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4662) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4827, Relating to the promotion and development of public-use vertiports; 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. 274), and there were—yeas 91, nays 4, absent and not voting 5, with the nays and the absent and not voting being as follows:
Nays: Doyle, Hardy, J. Kelly and Wamsley.
Absent and Not Voting: Bridges, Howell, Jennings, Pritt and Hanshaw (Mr. Speaker).
So, a majority of the members present having voted in the affirmative, the Presiding Officer declared the bill (H. B. 4827) passed.
Delegate Summers moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 275), and there were—yeas 92, nays 3, absent and not voting 5, with the nays and the absent and not voting being as follows:
Nays: Doyle, Hardy and J. Kelly.
Absent and Not Voting: Bridges, Howell, Jennings, Pritt and Hanshaw (Mr. Speaker).
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Presiding Officer declared the bill (H. B. 4827) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading
Com. Sub. for S. B. 419, Establishing pilot project to evaluate impact of certain post-substance use disorder residential treatments; on second reading, coming up in regular order, was, at the request of Delegate Summers, and by unanimous consent, postponed one day.
Com. Sub. for H. B. 2733, Relating to the establishment of a Combat Action Badge and Combat Action Ribbon special registration plates; 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. 2838, Authorize the ordering of restitution to the state for reimbursement of costs incurred for misuse of public funds, and to create the State Auditor’s Public Integrity and Fraud Fund for use of said funds; 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. 4012, Prohibiting the showing of proof of a COVID-19 vaccination; on second reading, coming up in regular order, was read a second time.
Delegates Lovejoy and Pushkin moved to amend the bill on page 1, section 4b, line 13, after the words “not apply”, by striking out the period, inserting a colon and the following proviso: “Provided, however, That this prohibition does not apply to any local government owned facility that is leased to a private entity where the local governmental unit primarily serves as a property owner receiving rental payments.”
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. 276), and there were—yeas 61, nays 32, absent and not voting 7, with the nays and the absent and not voting being as follows:
Nays: Barnhart, Booth, Burkhammer, Clark, Conley, Crouse, Dean, Ferrell, Foster, Gearheart, Hamrick, Hanna, Holstein, Horst, D. Jeffries, J. Jeffries, Kessinger, Kimble, Kimes, Longanacre, Maynard, Mazzocchi, McGeehan, Paynter, Phillips, Queen, Reynolds, Riley, Rowan, Steele, Wamsley and B. Ward.
Absent and Not Voting: Bates, Bridges, Howell, Jennings, Pritt, Westfall and Hanshaw (Mr. Speaker).
So, a majority of the members present having voted in the affirmative, the amendment was adopted.
The bill was then ordered to engrossment and third reading.
H. B. 4064, Allowing antique car license plates for cars over 10,000lbs; 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. 4071, Mask and Quarantine Option For Parents and Faculty; 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. 4089, Require certain coverage and reimbursement for a person diagnosed with hypertension; 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. 4285, Relating to real estate appraiser licensing board requirements; 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. 4317, Relating to health insurance for living organ donors; 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. 4377, To update the involuntary commitment process; on second reading, coming up in regular order, was read a second time.
On motion of Delegate Rohrbach, the bill was amended on page 7, line 150, by striking, “Evaluations shall be conducted in person, and only if such an in person evaluation is not possible, than an evaluation may be conducted electronically.”
And, inserting in lieu thereof, “Evaluations shall be conducted in person, unless an in-person evaluation would create a substantial delay to the resolution of the matter, then the evaluation may be conducted electronically.”
And,
On page 9, line 34, by striking “to determine whether the individual meets involuntary hospitalization criteria shall be conducted in person. Evaluations may be conducted electronically if they are available, if they are not clinically contraindicated, and if an in-person evaluation would create a substantial delay to the resolution of the matter,”
And, inserting in lieu thereof, “to determine whether the individual meets involuntary hospitalization criteria shall be conducted in person unless an in person evaluation would create a substantial delay to the resolution of the matter, then the evaluation may be conducted electronically,”
And,
On page 15, line 9, by striking the period and inserting a comma.
The bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 4393, To increase the managed care tax if the managed care organization receives a rate increase; 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. 4441, Creating a Class M air rifle stamp; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4450, Removing the $0.50 fee charged and deposited in the Combined Voter Registration and Driver’s Licensing Fund for each driver’s license issued by the Department of Motor Vehicles; 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. 4466, Relating to School Building Authority’s review of school bond applications; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4482, Relating to removing the statutory limit of $300,000.00 for the Environmental Laboratory Certification Fund; 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. 4499, Relating to making the procurement process more efficient by modifying and updating outdated processes and requirements; 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. 4502, Establishing the BUILD WV Act; on second reading, coming up in regular order, was read a second time.
Delegate Young moved to amend the bill on page 21, section 16, line 40, by striking out the word “and” and inserting in lieu thereof, the following:
“(10) Whether the proposed project demonstrates that the project will meet the immediate future needs of the area; and”
And,
To renumber the subsequent sentence accordingly.
The bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 4511, To make numerous amendments to modernize and increase efficiencies in the administration of the West Virginia Unclaimed Property Act; 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. 4553, To clarify the application of zoning requirements to exempt wholesale generators; on second reading, coming up in regular order, was read a second time.
At the request of Delegate Summers, and by unanimous consent, the bill was advanced to third reading with amendments pending and the rule was suspended to permit the consideration of the amendments on that reading.
The bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 4560, Relating generally to motor vehicle dealers, distributors, wholesalers and manufacturers; 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. 4563, Provide for a license plate for auto mechanics; 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. 4570, To allow veterinary telehealth in West Virginia with out of state providers; on second reading, coming up in regular order, was read a second time.
Delegate Dean moved to amend the bill on page 1, section 30-10-24, line 13, after the word “patient;” by striking the word “transfer” and inserting in lieu thereof the words “maintenance of”;
On page 1, section 30-10- 24, line 17, after the word “medicine” by striking out the words “and/or technology”;
On page 2, section 30-10- 24, line 29, after the word “of” by striking out the words “up to” and inserting in lieu thereof the words “at least”;
On page 2, section 30-10- 24, line 32, after the word “services” by inserting the words “The veterinary care professional shall perform an in person exam within the 12 months prior, and at least every 12 months thereafter, or the telehealth service shall no longer be available to the patient.”;
On page 2, section 30-10- 24, line 34, after the word “or” by striking out the words “other caretaker” and inserting in lieu thereof the words “owner’s advocate”;
On page 2, section 30-10- 24, line 34, after the word “animal” by striking out the words “agrees to follow the veterinarian’s instructions;” and inserting in lieu thereof the words “consents to the veterinarian’s treatment plan”;
On page 2, section 30-10- 24, line 39, after the word “kept” by changing the period to a comma, then beginning a new paragraph, designated paragraph (C), to read as follows: “(C) In the event of an imminent, life-threatening emergency veterinary care may be provided in this State via telehealth services without an existing veterinarian-client-patient relationship or an in-person visit within 12 months.”;
On page 3, section 30-10- 24, line 49, after the word “of” by striking out the word “telemedicine” and inserting in lieu thereof the word “telehealth”;
On page 3, section 30-10- 24, line 54, after the word “board;” by striking out the word “and”;
On page 3, section 30-10- 24, line 55, after the word “of” by striking out the word “telemedicine” and inserting in lieu thereof the word “telehealth”;
On page 3, section 30-10- 24, line 55, after the word “telemedicine” by changing the period to a semicolon, inserting the word “and”, then beginning a new paragraph, designated paragraph (D), to read as follows: “(D) Patient medical records must meet the requirements as specified in the Standards of Practice Rules.”;
On page 3, section 30-10- 24, line 62, after the word “thereunder;” by striking out the word “and”;
On page 3, section 30-10- 24, line 62, after the word “processes” by changing the period to a semicolon, inserting the word “and”, then beginning a new paragraph, designated paragraph (B), to read as follows: “(B) The standard of care for providing veterinary care in the State of West Virginia via telehealth services by a registrant or licensed veterinarian shall be the same as for in-person care.”; and
On page 3, section 30-10- 24, line 63, by changing the paragraph designation “(B)” to “(C)”.
The bill was then ordered to engrossment third reading.
Com. Sub. for H. B. 4600, Making it a felony for a “Person in a Position of Trust” to assault, batter, or verbally abuse a child, or neglect to report abuse they witness; on second reading, coming up in regular order, was read a second time.
Delegate Fluharty moved to amend the bill on page 1, following the enacting clause, by inserting the following:
“CHAPTER 18. EDUCATION.
ARTiCLE 8. COMPULSORY SCHOOL ATTENDANCe
§18-8-1. Compulsory school attendance; exemptions.
(a) Exemption from the requirements of compulsory public school attendance established in §18-8-1a of this code shall be made on behalf of any child for the causes or conditions set forth in this section. Each cause or condition set forth in this section is subject to confirmation by the attendance authority of the county. A child who is exempt from compulsory school attendance under this section is not subject to prosecution under §18-8-2 of this code, nor is such a child a status offender as defined by §49-1-202 of this code.
(b) A child is exempt from the compulsory school attendance requirement set forth in §18-8-1a of this code if the requirements of this subsection, relating to instruction in a private, parochial or other approved school, are met. The instruction shall be in a school approved by the county board and for a time equal to the instructional term set forth in §18-5-45 of this code. In all private, parochial or other schools approved pursuant to this subsection it is the duty of the principal or other person in control, upon the request of the county superintendent, to furnish to the county board such information and records as may be required with respect to attendance, instruction and progress of students enrolled.
(c) A child is exempt from the compulsory school attendance requirement set forth in §18-8-1a of this code if the requirements of either subdivision (1) or subdivision (2) of this subsection, both relating to home instruction, are met.
(1) The instruction shall be in the home of the child or children or at some other place approved by the county board and for a time equal to the instructional term set forth in §18-5-45 of this code: Provided, That because disabled and very young children are particularly venerable to abuse and neglect, the county board may not authorize instruction of a disabled or any other child in the home if there is a pending child abuse or neglect investigation pursuant to §49-2-801 et seq. of this code against either custodial parent or a person instructing the child, or if either custodial parent or a person instructing the child has ever been convicted of domestic violence pursuant to §48-27-101 et seq. of this code or child abuse or neglect pursuant to §61-8D-1 et seq. of this code. If the request for home instruction is denied by the county board, good and reasonable justification for the denial shall be furnished in writing to the applicant by the county board. The instruction shall be conducted by a person or persons who, in the judgment of the county superintendent and county board, are qualified to give instruction in subjects required to be taught in public elementary schools in the state. The person or persons providing the instruction, upon request of the county superintendent, shall furnish to the county board information and records as may be required periodically with respect to attendance, instruction and progress of students receiving the instruction. The state board shall develop guidelines for the home schooling of special education students including alternative assessment measures to assure that satisfactory academic progress is achieved.
(2) The child meets the requirements set forth in this subdivision: Provided, That the county superintendent may, after a showing of probable cause, seek from the circuit court of the county an order denying home instruction of the child. The order may be granted upon a showing of clear and convincing evidence that the child will suffer neglect in his or her education or that there are other compelling reasons to deny home instruction.
(A) Upon commencing home instruction under this section the parent of a child receiving home instruction shall present to the county superintendent or county board a notice of intent to provide home instruction that includes the name, address, and age of any child of compulsory school age to be instructed and assurance that the child shall receive instruction in reading, language, mathematics, science and social studies and that the child shall be assessed annually in accordance with this subdivision. The person providing home instruction shall notify the county superintendent upon termination of home instruction for a child who is of compulsory attendance age. Upon establishing residence in a new county, the person providing home instruction shall notify the previous county superintendent and submit a new notice of intent to the superintendent of the new county of residence: Provided, That if a child is enrolled in a public school, notice of intent to provide home instruction shall be given on or before the date home instruction is to begin.
(B) The person or persons providing home instruction shall submit satisfactory evidence of a high school diploma or equivalent, or a post-secondary degree or certificate from a regionally accredited institution or from an institution of higher education that has been authorized to confer a post-secondary degree or certificate in West Virginia by the West Virginia Council for Community and Technical College Education or by the West Virginia Higher Education Policy Commission.
(C) Annually, the person or persons providing home instruction shall obtain an academic assessment of the child for the previous school year in one of the following ways:
(i) The child receiving home instruction takes a nationally normed standardized achievement test published or normed not more than ten years from the date of administration and administered under the conditions as set forth by the published instructions of the selected test and by a person qualified in accordance with the test’s published guidelines in the subjects of reading, language, mathematics, science and social studies. The child is considered to have made acceptable progress when the mean of the child’s test results in the required subject areas for any single year is within or above the fourth stanine or, if below the fourth stanine, shows improvement from the previous year’s results;
(ii) The child participates in the testing program currently in use in the state’s public schools. The test shall be administered to the child at a public school in the county of residence. Determination of acceptable progress shall be based on current guidelines of the state testing program;
(iii) A portfolio of samples of the child’s work is reviewed by a certified teacher who determines whether the child’s academic progress for the year is in accordance with the child’s abilities. The teacher shall provide a written narrative about the child’s progress in the areas of reading, language, mathematics, science and social studies and shall note any areas which, in the professional opinion of the reviewer, show need for improvement or remediation. If the narrative indicates that the child’s academic progress for the year is in accordance with the child’s abilities, the child is considered to have made acceptable progress; or
(iv) The child completes an alternative academic assessment of proficiency that is mutually agreed upon by the parent or legal guardian and the county superintendent.
(D) A parent or legal guardian shall maintain copies of each student’s Academic Assessment for three years. When the annual assessment fails to show acceptable progress, the person or persons providing home instruction shall initiate a remedial program to foster acceptable progress. The county board upon request shall notify the parents or legal guardian of the child, in writing, of the services available to assist in the assessment of the child’s eligibility for special education services. Identification of a disability does not preclude the continuation of home schooling. In the event that the child does not achieve acceptable progress for a second consecutive year, the person or persons providing instruction shall submit to the county superintendent additional evidence that appropriate instruction is being provided.
(E) The parent or legal guardian shall submit to the county superintendent the results of the academic assessment of the child at grade levels three, five, eight and 11, as applicable, by June 30 of the year in which the assessment was administered.
(3) This subdivision applies to both home instruction exemptions set forth in subdivisions (1) and (2) of this subsection. The county superintendent or a designee shall offer such assistance, including textbooks, other teaching materials and available resources, all subject to availability, as may assist the person or persons providing home instruction. Any child receiving home instruction may upon approval of the county board exercise the option to attend any class offered by the county board as the person or persons providing home instruction may consider appropriate subject to normal registration and attendance requirements.
(d) A child is exempt from the compulsory school attendance requirement set forth in section one-a of this article if the requirements of this subsection, relating to physical or mental incapacity, are met. Physical or mental incapacity consists of incapacity for school attendance and the performance of school work. In all cases of prolonged absence from school due to incapacity of the child to attend, the written statement of a licensed physician or authorized school nurse is required. Incapacity shall be narrowly defined and in any case the provisions of this article may not allow for the exclusion of the mentally, physically, emotionally or behaviorally handicapped child otherwise entitled to a free appropriate education.
(e) A child is exempt from the compulsory school attendance requirement set forth in section one-a of this article if conditions rendering school attendance impossible or hazardous to the life, health or safety of the child exist.
(f) A child is exempt from the compulsory school attendance requirement set forth in §18-8-1a of this code upon regular graduation from a standard senior high school or alternate secondary program completion as determined by the state board.
(g) A child is exempt from the compulsory school attendance requirement set forth in §18-8-1a of this coe if the child is granted a work permit pursuant to the subsection. After due investigation the county superintendent may grant work permits to youths under the termination age designated in §18-8-1a of this coe, subject to state and federal labor laws and regulations. A work permit may not be granted on behalf of any youth who has not completed the eighth grade of school.
(h) A child is exempt from the compulsory school attendance requirement set forth in §18-8-1a of this code if a serious illness or death in the immediate family of the child has occurred. It is expected that the county attendance director will ascertain the facts in all cases of such absences about which information is inadequate and report the facts to the county superintendent.
(i) A child is exempt from the compulsory school attendance requirement set forth in §18-8-1a of this code if the requirements of this subsection, relating to destitution in the home, are met. Exemption based on a condition of extreme destitution in the home may be granted only upon the written recommendation of the county attendance director to the county superintendent following careful investigation of the case. A copy of the report confirming the condition and school exemption shall be placed with the county director of public assistance. This enactment contemplates every reasonable effort that may properly be taken on the part of both school and public assistance authorities for the relief of home conditions officially recognized as being so destitute as to deprive children of the privilege of school attendance. Exemption for this cause is not allowed when the destitution is relieved through public or private means.
(j) A child is exempt from the compulsory school attendance requirement set forth in §18-8-1a of this code if the requirements of this subsection, relating to church ordinances and observances of regular church ordinances, are met. The county board may approve exemption for religious instruction upon written request of the person having legal or actual charge of a child or children. This exemption is subject to the rules prescribed by the county superintendent and approved by the county board.
(k) A child is exempt from the compulsory school attendance requirement set forth in §18-8-1a of this code if the requirements of this subsection, relating to alternative private, parochial, church or religious school instruction, are met. Exemption shall be made for any child attending any private school, parochial school, church school, school operated by a religious order or other nonpublic school which elects to comply with the provisions of §18-28-1 et seq. of this code.
(l) Completion of the eighth grade does not exempt any child under the termination age designated in §18-8-1a of this code from the compulsory attendance provision of this article.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.”
Delegate Mazzocchi arose to inquire of the Presiding Officer as to the germaneness of the amendment.
The Presiding Officer ruled that the amendment was not germane to the bill.
The bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 4608, To require the State Fire Commission to propose minimum standards for persons to be certified as probationary status volunteer firefighters; 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. 4616, Remove sales tax on gun safes and certain firearm safety devices; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4642, Relating to pecuniary interests of county and district officers, teachers and school officials in contracts; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4647, Relating to the Board of Funeral Service Examiners; 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. 4688, Relating to Emergency Medical Services Retirement System Act; 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. 4692, To revise the West Virginia Tax Increment Financing Act ; 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. 4753, Prohibiting locating certain homeless facilities near schools and certain daycares; 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. 4756, Relating to authorizing municipalities to create pension funding programs to reduce the unfunded liability of certain pension and relief funds; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4778, Permit banks to transact business with any one or more fiduciaries on multiple fiduciary accounts; 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. 4779, Permit banks the discretion to choose whether to receive deposits from other banks, savings banks, or savings and loan associations when arranging for the re-deposits of county, municipal, and state funds; 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. 4787, Creating the Highly Automated Motor Vehicle Act; 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. 4794, Requiring counties provide fiscal information for State Auditor’s WV Checkbook website; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4829, Modifying definitions of certain school cafeteria personnel; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
First Reading
The following bills and resolution on first reading, coming up in regular order, were each read a first time and ordered to second reading:
S. B. 499, Authorizing legislative rules for School Building Authority,
H. J. R. 104, Providing Term Limits for certain Constitutional Officers,
H. B. 2300, Including Family Court Judges in the Judges’ Retirement System,
H. B. 2751, Modernize the process for dissolution of municipal corporations in this State,
H. B. 3073, Relating to the West Virginia Emergency School Food Act,
Com. Sub. for H. B. 4001, Generally relating to broadband,
Com. Sub. for H. B. 4020, Relating to reorganizing the Department of Health and Human Resources,
Com. Sub. for H. B. 4021, Relating to the Medical Student Loan Program,
Com. Sub. for H. B. 4050, Defining terms related to livestock trespassing,
Com. Sub. for H. B. 4066, Distracted Driving Act,
Com. Sub. for H. B. 4293, Prohibiting mass mailing of absentee ballots,
Com. Sub. for H. B. 4320, Relating to natural immunity or antibodies to any illness to be treated as equal or better to vaccine induced immunity,
Com. Sub. for H. B. 4336, Providing for the valuation of natural resources property,
Com. Sub. for H. B. 4353, Relating to On Cycle Elections - Voter Turnout Act,
Com. Sub. for H. B. 4370, Clarifying that the Statewide Interoperability Executive Committee is responsible to develop, update, and implement policies regarding the Statewide Interoperable Radio Network,
Com. Sub. for H. B. 4373, To exclude fentanyl test strips from the definition of drug paraphernalia,
Com. Sub. for H. B. 4439, Creating a special revenue account known as the Military Authority Reimbursable Expenditure Fund,
H. B. 4463, To increase the compensation members of the State Athletic Commission may receive for their attendance and participation in the commission’s public meetings,
Com. Sub. for H. B. 4467, Requiring early childhood classroom assistant teacher in certain grade levels and enrollment levels in said grade levels,
Com. Sub. for H. B. 4497, Extending the regional jail per diem through July 1, 2023,
Com. Sub. for 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,
H. B. 4571, Modifying foundation allowance to account for transportation by electric powered buses,
Com. Sub. for H. B. 4580, To authorize retired bus operators to work in areas of critical need,
H. B. 4623, Uniform Common Interest Ownership Act,
Com. Sub. for H. B. 4629, Relating to procedures for certain actions against the state,
Com. Sub. for H. B. 4826, Relating to e-sports,
H. B. 4840, Relating to Office of Miners Health,
H. B. 4842, Relating to obscene matter to minors,
H. B. 4843, Relating to locality pay for correctional officers,
H. B. 4844, Relating to public school personnel,
H. B. 4845, Establishing the Katherine Johnson Academy,
H. B. 4846, Relating to flying under the influence and other aviation offenses,
H. B. 4847, Relating to missing persons generally,
H. B. 4848, Relating to nonintoxicating beer,
And,
H. B. 4849, Relating to bankruptcy.
Leaves of Absence
At the request of Delegate Summers, and by unanimous consent, leaves of absence for the day were granted Delegates Howell, Jennings and Hanshaw (Mr. Speaker).
Miscellaneous Business
At 2:32 p.m., the House of Delegates adjourned until 9:00 a.m., Tuesday, March 1, 2022.