House Journal

__________*__________

Tuesday, May 23, 2017

NINTH DAY

[MR. SPEAKER, MR. ARMSTEAD, IN THE CHAIR]

            The House of Delegates met at 4:00 p.m., and was called to order by the Honorable Tim Armstead, Speaker.

            Prayer was offered and the House was led in recitation of the Pledge of Allegiance.                                                   Delegate Cowles arose to suggest the absence of a quorum, the Clerk opened the machine for the roll to be taken (Roll No. 628), and 66 members being present, the Speaker declared the presence of a quorum.  The absent being as follows:

            Absent:  Ambler, Baldwin, Bates, Boggs, Canestraro, Capito, Caputo, Cooper, Diserio, Ellington, E. Evans, Fast, Ferro, Fleischauer, N. Foster, Hanshaw, Hartman, Hicks, Hill, Hollen, Hornbuckle, Iaquinta, Love, Lovejoy, Lynch, Miley, Moore, Rodighiero, Sponaugle, Storch, Summers, Sypolt, Williams and Wilson.

            Delegate Ambler was also present for part of the session.

            The Clerk proceeded to read the Journal of Friday, May 19, 2017, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Messages from the Executive

STATE OF WEST VIRGINIA

EXECUTIVE DEPARTMENT

Charleston

A   P R O C L A M A T I O N

By the Governor

I, JIM JUSTICE, by virtue of the authority vested in the Governor by Section 7, Article VII, of the Constitution of West Virginia, do hereby AMEND the Proclamation dated the third day of May, Two Thousand Seventeen, calling the Legislature of West Virginia to convene in Extraordinary Session at eleven a.m. on the fourth day of May, Two Thousand Seventeen, by adding items eight, nine, ten, eleven, twelve, thirteen and fourteen as follows:

EIGHT: A bill relating generally to the Department of Health and Human Resources and Heath Car Authority; and

NINE: A bill relating to the sale of Department of Health and Human Resource operated hospitals; and

TEN:  A bill relating to physician assistants; and

ELEVEN:  A bill relating generally to tax procedures and administration of tax liens; and

TWELVE: A bill relating to public school support and county levy rates; and

THIRTEEN:  A bill relating to volunteer fire fighter workers compensation; and

FOURTEEN:  A bill enacting a state budget for fiscal year 2018.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of West Virginia to be affixed.

DONE at the Capitol in the City of Charleston, State of West Virginia, this twenty-third day of May, in the year of our Lord, Two Thousand Seventeen, and in the One Hundred Fifty-Fourth year of the State.

            Jim Justice,

                  Governor.

 By the Governor

             Mac Warner,

                  Secretary of State

Bills Introduced

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

            By Mr. Speaker (Mr. Armstead), and Delegate Miley

            [By Request of the Executive]:

H. B. 111 - “A Bill to amend and reenact §11-10-12 of the Code of West Virginia, 1931, as amended, and to amend and reenact §38-10C-2 of said code, all relating generally to tax procedures and administration; requiring a notice of lien to include the lien expiration date; providing for additional circumstances in which the Tax Commissioner may withdraw tax liens; providing for the release, withdrawal or termination of lien under certain circumstances; and deleting inoperative language”; to the Committee on Finance.

            By Mr. Speaker (Mr. Armstead), and Delegate Miley

            [By Request of the Executive]:

H. B. 112 - “A Bill to amend and reenact §33-3-33a of the Code of West Virginia, 1931, as amended, relating to the Volunteer Fire Department Workers' Compensation Premium Subsidy Fund; providing for the deposit of moneys into the Volunteer Fire Department Workers' Compensation Premium Subsidy Fund until June 30, 2020; providing for the expiration and closure of the Volunteer Fire Department Workers’ Compensation Premium Subsidy Fund on June 30, 2020; and providing for the transfer of any remaining moneys in the Volunteer Fire Department Workers' Compensation Premium Subsidy Fund upon closure of such fund”; to the Committee on Finance.

            By Mr. Speaker (Mr. Armstead), and Delegate Miley

            [By Request of the Executive]:

H. B. 113 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-5-25, relating to the selling of a certain state-owned health care facility and appurtenances by the Secretary of the Department of Health and Human Resources; exempting certain laws; creating a fund; implementing a benefits package for employees; and providing statutory construction”; to the Committee on Finance.

            By Mr. Speaker (Mr. Armstead), and Delegate Miley

            [By Request of the Executive]:

H. B. 114 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-5-26, relating to the selling of a certain state-owned health care facility and appurtenances by the Secretary of the Department of Health and Human Resources; ensuring the transfer of existing patients and the construction of a replacement facility; exempting certain laws; creating a fund; implementing a benefits package for employees; and providing statutory construction”; to the Committee on Finance.

            By Delegate Miley

            [By Request of the Executive]:

            H. B 115 – “A Bill making appropriations of public money out of the Treasury in accordance with section fifty-one, article VI of the Constitution”; to the Committee on Finance.

            By Mr. Speaker (Mr. Armstead), and Delegate Miley

            [By Request of the Executive]:

H. B. 116 - “A Bill to repeal §30-3E-8 of the Code of West Virginia, 1931, as amended; to amend and reenact §16-5-19 of said code; to amend and reenact §30-3-5 of said code; to amend and reenact §30-3E-1, §30-3E-2, §30-3E-3, §30-3E-4, §30-3E-6, §30-3E-7, §30-3E-9, §30-3E-10, §30-3E-11, §30-3E-12, §30-3E-15, §30-3E-16 and §30-3E-17 of said code; to amend said code by adding thereto a new section, designated §30-3E-12a; and to amend and reenact §33-15-14 of said code, all relating to physician assistants; modifying board membership; substituting ‘collaborating physician’ for ‘supervising physician’; defining terms; modifying the prescriptive authority of physician assistants; eliminating certain recertification requirements; eliminating the continuous national certification requirement; prohibiting an insurance plan from limiting the practice of physician assistants; adding requirements for  practice agreements; granting physician assistants signatory authority on certain forms; and making conforming amendments”; to the Committee on Health and Human Resources.

Leaves of Absence

At the request of Delegate Cowles, and by unanimous consent, leaves of absence for the day were granted Delegates Baldwin, Bates, Boggs, Canestraro, Capito, Caputo, Cooper, Diserio, Ellington, E. Evans, Fast, Ferro, Fleischauer, N. Foster, Hanshaw, Hartman, Hicks, Hill, Hollen, Hornbuckle, Iaquinta, Love, Lovejoy, Lynch, Miley, Moore, Rodighiero, Sponaugle, Storch, Summers, Sypolt, Williams and Wilson.

At 4:49 p.m., the House of Delegates adjourned until 10:00 a.m., Wednesday, May 24, 2017.