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Wednesday, February 6, 2019
TWENTY-NINTH DAY
[DELEGATE HANSHAW, MR. SPEAKER, IN THE CHAIR]
The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Roger Hanshaw, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Tuesday, February 5, 2019, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
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. 2468, Department of Agriculture Capital Improvements Fund,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2468 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-1-4e; and to amend and reenact §19-12A-6a of said code, all relating to establishing and funding a special revenue fund to be known as the Department of Agriculture Capital Improvements Fund; creating the fund; providing for administration by Department of Agriculture; identifying sources of moneys for said fund; identifying expenditures that may be made from said fund; providing for funds to remain at end of each fiscal year; eliminating certain deposits in the General Revenue Account; permitting deposits into certain funds; and making technical corrections,”
With the recommendation that the committee substitute do pass.
Delegate Cooper, Chair of the Committee on Agriculture and Natural Resources, submitted the following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
H. B. 2438, Relating generally to survivor benefits for emergency response providers,
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. 2438) was referred to the Committee on Finance.
Delegate Harshbarger, Chair of the Committee on Agriculture and Natural Resources, submitted the following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
H. B. 2715, Relating to Class Q special hunting permit for disabled persons,
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. 2715) was referred to the Committee on the Judiciary.
Delegate Fast, Chair of the Committee on Industry and Labor, submitted the following report, which was received:
Your Committee on Industry and Labor has had under consideration:
H. B. 2441, Removing certain requirements related to wages for construction of public improvements,
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. 2441) was referred to the Committee on the Judiciary.
Delegate Fast, Chair of the Committee on Industry and Labor, submitted the following report, which was received:
Your Committee on Industry and Labor has had under consideration:
H. C. R. 25, Requesting the Joint Committee on Government and Finance study the discrepancy between estimates and actual readings of electrical meters,
And reports the same back with the recommendation that it be adopted, but that it first be referred to the Committee on Rules.
In accordance with the former direction of the Speaker, the bill (H. C. R. 25) was referred to the Committee on Rules.
Delegate Capito, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 5th day of February, 2019, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
Com. Sub. for S. B. 17, Relating to probation eligibility,
S. B. 119, Specifying documents not subject to discovery in certain proceedings,
And,
S. B. 272, Updating code relating to Commission on Special Investigations.
Delegate Shott, 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. 2809, Relating to prohibited acts and penalties in the Hatfield-McCoy Recreation Area,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2809 - “A Bill to amend and reenact §20-14-8 of the Code of West Virginia, 1931, as amended, relating to prohibited acts and penalties in the Hatfield-McCoy Recreation Area; increasing fines for persons who do not remain within and on a designated and marked trail within the Hatfield-McCoy Recreation Area; and increasing fines for persons who do not remain within and on a designated and marked trail within the Hatfield-McCoy Recreation Area and cause property damage to a landowner’s property outside the designated and marked trails or interfere with a landowner’s or lawful possessor’s use of property outside the designated and marked trails within the Hatfield-McCoy Recreation Area,”
With the recommendation that the committee substitute do pass.
Delegate Hollen, Chair of the Committee on Pensions and Retirement, submitted the following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
H. B. 2739, Relating to contributions on behalf of employees to a retirement plan administered by the Consolidated Public Retirement Board,
H. B. 2743, Eliminating reference to municipal policemen’s pension and relief funds and firemen’s pension and relief funds in section restricting investment,
And,
H. B. 2780, Permitting employees of educational services cooperatives to participate in the State Teachers Retirement System,
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. 2739, H. B. 2743 and H. B. 2780) were each referred to the Committee on Finance.
Delegate Hollen, Chair of the Committee on Pensions and Retirement, submitted the following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
H. B. 2738, Authorizing prepayment of certain required payments into a policemen’s pension and relief fund or a firemen’s pension and relief fund,
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. 2738) was referred to the Committee on Finance.
Delegate Ellington, 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. 2583, Family Planning Access Act,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2583 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-56-1, §16-56-2, §16-56-3, §16-56-4, §16-56-5 and §16-56-6, all relating to permitting a pharmacist to dispense a self-administered hormonal contraceptive under a standing prescription drug order; defining terms; providing certain authority to the State Health Officer; clarifying that certain federal requirements are applicable; establishing protocol to be followed; requiring the pharmacist to be trained; providing guidelines to dispensing; and clarifying that the Board of Pharmacy regulates the actions of Pharmacist acting under this article,”
With the recommendation that the committee substitute do pass.
Delegate Anderson, Chair of the Committee on Energy, submitted the following report, which was received:
Your Committee on Energy has had under consideration:
H. B. 2661, Relating to natural gas utilities,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2661 - “A Bill to amend and reenact §24-2-4c of the Code of West Virginia, 1931, as amended; and to amend and reenact §24-3-7 of said code, all relating to the powers of the Public Service Commission and the regulation of natural gas utilities; permitting a natural gas utility to make a request for proposal for incentivized gas drilling where dependable, lower-priced supplies of natural gas are not readily available; permitting the natural gas utility to recover certain costs; and permitting a natural gas utility to recover costs reasonably necessary to convert some customers to alternate fuel sources when gas service to that customer has been or is to be abandoned,”
With the recommendation that the committee substitute do pass.
Delegate Anderson, Chair of the Committee on Energy, submitted the following report, which was received:
Your Committee on Energy has had under consideration:
Com. Sub. for S. B. 223, Authorizing Department of Commerce promulgate legislative rules,
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 (Com. Sub. for S. B. 223) was referred to the Committee on the Judiciary.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
S. B. 27, Removing restrictions on where certain traditional lottery games may be played.
Resolutions Introduced
Delegates Anderson, J. Kelly, Harshbarger, Miley, Nelson, Hanshaw (Mr. Speaker), Paynter, J. Jeffries, Tomblin, Evans, Pethtel, Atkinson, Azinger, Bibby, Boggs, Butler, Cadle, Capito, Criss, Fast, Foster, Hamrick, Hanna, Hardy, Hartman, Hicks, Higginbotham, Hollen, Hornbuckle, Hott, Householder, Jennings, D. Kelly, Kessinger, Linville, Mandt, C. Martin, P. Martin, Maynard, Phillips, Porterfield, Queen, Rohrbach, Rowan, Shott, Steele, Storch, Sypolt and Waxman offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. R. 11 - “Recognizing the importance of the Atlantic Coast Pipeline.”
Whereas, The Atlantic Coast Pipeline and others are critical to the economic and energy future of the State of West Virginia, providing our state’s natural gas production with unprecedented access to new markets; and
Whereas, Studies indicate construction and operation of the Atlantic Coast Pipeline alone will generate massive economic benefits for West Virginia, including almost $478 million in additional economic activity during the construction period and more than $15 million in additional economic activity each year after the facility begins operating; and
Whereas, The Atlantic Coast Pipeline and others will create thousands of new job opportunities for the working men and women of West Virginia and significant new tax revenues for many West Virginia counties; and
Whereas, The Atlantic Coast Pipeline and others will help promote our nation’s energy independence, helping make the burgeoning natural gas production in West Virginia and adjacent states more available to millions of consumers and reducing the need for energy imports; and
Whereas, The Atlantic Coast Pipeline’s environmental impact has been repeatedly and thoroughly analyzed by state and federal agencies, including the West Virginia Department of Environmental Protection, the Federal Energy Regulatory Commission, and the U. S. Forest Service, among others, with all of the agencies finding that the project can be built and operated in a manner that protects the natural resources of West Virginia and the other states in its path; and
Whereas, Despite the enormous energy and economic benefits, as well as the positive findings from a broad range of environmental regulatory agencies, some groups have launched an all-out assault on the Atlantic Coast Pipeline project, with the ultimate aim of forcing its cancelation; and
Whereas, These attacks are not based on the facts regarding the Atlantic Coast Pipeline but are part of what the U. S. Chamber of Commerce describes as a nationwide “keep it in the ground” strategy by some groups to end all uses of fossil fuels in power generation; and
Whereas, These unwarranted attacks have resulted in regulatory and legal proceedings that have repeatedly delayed both the Atlantic Coast Pipeline and the related Supply Header Project; and
Whereas, In response to court orders stemming from these attacks, the Atlantic Coast Pipeline and Supply Header Project have been forced to lay off or delay hiring thousands of skilled construction workers in West Virginia and also in Pennsylvania, Ohio, Virginia and North Carolina, posing significant hardships for working families and depriving them of paychecks and steady work; and
Whereas, The U. S. Chamber of Commerce report estimates that these delays, through August 2018, have already resulted in the loss of $2.3 billion in the U. S. Gross Domestic Product as well as $500 million in lost tax revenue for U. S. states and localities; and
Whereas, The Chamber’s study also found that the delays have already deprived U. S. consumers of $377 million in energy cost savings; and
Whereas, The General President of the Laborers’ International Union of North America (LIUNA) recently said obstructions to the Atlantic Coast Pipeline and other vital energy infrastructure “from activist groups is costing our members jobs and the entire country opportunities”; and
Whereas, The LIUNA General President also emphasized that the economic damage caused by this opposition to new energy projects is “being shouldered by the hardworking men and women who build our nation’s energy infrastructure”; and
Whereas, These assaults and delaying tactics are also a direct threat to West Virginia’s energy production industry, which directly employs more than 22,000 men and women and pays more than $6 billion in wages annually; and
Whereas, Although the current employment and payroll figures are impressive, further growth will be severely hampered unless new infrastructure such as the Atlantic Coast Pipeline and other pipelines are built to transport West Virginia’s energy production to market; and
Whereas, In addition to this economic damage, the attacks on the Atlantic Coast Pipeline and other interstate natural gas projects have great potential to harm the environment, since other forms of electric generation powered by fossil fuels, such as natural gas, are needed to back up the expansion of the intermittent generation from renewable resources such as solar and wind energy; therefore, be it
Resolved by the House of Delegates:
That we, the members of the House of Delegates of the 84th Legislature of the State of West Virginia, categorically condemn these counterproductive and economically damaging assaults on the Atlantic Coast Pipeline and other urgently needed energy infrastructure projects; and, be it
Further Resolved, That we note that these attacks are denying steady employment and income to thousands of West Virginia workers and their families who would otherwise be employed in the construction and operation of the Atlantic Coast Pipeline and the related Supply Header Project; and, be it
Further Resolved, That we find that the attacks are also damaging West Virginia’s energy production industry, the source of more than $6 billion annually in wages to our state’s working men and women; and, be it
Further Resolved, That we find that the assaults on these projects have great potential to damage the environment by hindering the deployment of electric generation powered by solar power, wind and other renewable resources, all of which must be backed up with fossil fuel powered generation, such as natural gas; and, be it
Further Resolved, That we strongly urge the groups spearheading these assaults to stop their attacks and delaying actions and in the process help pave the way for a cleaner and stronger energy future for West Virginia and for the entire nation; and, be it
Further Resolved, That the Clerk transmit copies of this resolution to the President of the United States, the President Pro Tempore and Secretary of the United States Senate, the members of the West Virginia Congressional delegation, and the news media of West Virginia.
Delegate Wilson offered the following resolution, which was read by its title and referred to the Committee on the Judiciary then Rules:
Whereas, Under Section 9, Article IV of the Constitution of the State of West Virginia, the House of Delegates has the authority to adopt articles of impeachment against Jim Justice, Governor of West Virginia, for maladministration, incompetence, corruption, and neglect of duty committed in his capacity and by virtue of his office as the Governor of West Virginia; therefore, be it
Resolved by the House of Delegates:
Further Resolved, That a committee of five members of the House of Delegates be formed to act as managers on the part of the House of Delegates to carry and deliver to the Clerk of the Senate the articles of impeachment; and, be it
Further Resolved, That following the adoption of articles of impeachment the said committee of five, as managers, be and is hereby directed to conduct the impeachment against the said Jim Justice, Governor of West Virginia, before the Senate, in accordance with procedural rules adopted by the Senate, with all necessary assistance as may be required and provided by employees of the House or Senate and by such professional, clerical and stenographic assistants as may be engaged by the House or Senate for such purposes.
Delegates Kessinger, Capito, Hanshaw (Mr. Speaker), Barrett, Bates, Bibby, Byrd, Cadle, Campbell, Cooper, Criss, Dean, Ellington, Espinosa, Fast, Fleischauer, Graves, Hamrick, Hanna, Hardy, Harshbarger, Higginbotham, Hott, Householder, Howell, D. Jeffries, J. Jeffries, Jennings, D. Kelly, Kump, Lavender-Bowe, Linville, Lovejoy, Malcolm, Mandt, C. Martin, P. Martin, Maynard, Nelson, Pack, Phillips, Porterfield, Robinson, Rohrbach, Rowan, Shott, Steele, Storch, Summers, Sypolt, Toney, Waxman and Worrell offered the following resolution, which was read by its title and referred to the Committee on Agriculture and Natural Resources then Rules:
H. C. R. 50 - “Urging the United States Congress to designate the New River Gorge National River in West Virginia a national park.”
Whereas, On October 2, 2018 West Virginia Senator Shelley Moore Capito introduced a bill, the New River Gorge National Park Designation Act, that would make the New River Gorge National River the New River Gorge National Park; and
Whereas, The New River Gorge National River has been a unit of the National Park Service since its creation in 1978; and
Whereas, The re-designation as a national park would not change the way the 72,808-acre preserve of canyons, cliffs, forested plateaus and whitewater rapids is currently managed, with hunting, rafting, fishing, bicycling and Bridge Day BASE-jumping that are permitted as “traditional” uses of the land; and
Whereas, The move to re-designate the Gorge as a national park was initiated by a group of whitewater outfitters, who saw the name change as a way to give the preserve a higher profile and attract more visitors, at virtually no cost, due to the National Park “brand” as an outdoor destination of choice; and
Whereas, In introducing the bill Senator Capito stated, “The New River Gorge is a special part of West Virginia and a real source of pride for our state. Whether it’s cheering on the BASE jumpers at Bridge Day, experiencing the thrill of world-class whitewater rafting, or taking in the beautiful panoramic views, the New River Gorge provides unlimited opportunities for thousands of visitors each year;” and
Whereas, A study completed in May of 2018 for a proposal to re-designate New Mexico’s White Sands National Monument as a national park showed that eight former national monuments that had become national parks during the previous five years had experienced average increases in visitors of 21 percent; and
Whereas, Senator Capito further said, “Re-designating the national river as a national park will shine a light on the New River Gorge and its many offerings to help drive tourism and spur the local and regional economy;” and
Whereas, While national monuments may be become national parks through presidential designation, it takes an act of Congress to bring national park status to national rivers; and
Whereas, Due to its unique geology and its significance to the State of West Virginia and the nation, the New River Gorge National River warrants elevation to the status, protections and impact to the local economy that being designated a national park brings to it; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges the United States Congress to designate the New River Gorge National River in West Virginia the New River Gorge National Park; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the representatives and senators elected by the citizens of West Virginia in the Congress of the United States in Washington, D. C.
Delegates Rodighiero, Tomblin, Maynard, Hicks and Miller offered the following resolution, which was read by its title and referred to the Committee on Technology and Infrastructure then Rules:
Whereas, Private First Class Glenn Perdue, Technician 5th Grade Charley Perdue and Sergeant Carl Perdue were brothers born in Boone County, and who served in the U. S. Army in Europe at the same time during World War II; and
Whereas, Private Glenn Perdue was born on June 15, 1917, and died on December 9, 1999; and
Whereas, Private Glenn Perdue entered the U. S. Army on April 8, 1942, and was honorably discharged on October 30, 1945; and
Whereas, Private Glenn Perdue served in the 512th Military Police Battalion and was part of the following battles and campaigns: Normandy Northern France, Ardennes, Rhineland and Central Europe; and
Whereas, Private Glenn Perdue received the American Theater Service Ribbon, the European African Middle Eastern Service Ribbon, the Good Conduct Medal, the Meritorious Unit Award and Victory Ribbon. Private Perdue also qualified as a Marksman 03, M-1 Rifle and Rifle Carbine; and
Whereas, Private Glenn Perdue married Mary Stollings Perdue, now deceased, and had four children, Roger, John, Judy and Steve, five grandchildren and three great-grandchildren; and
Whereas, Private Glenn Perdue was owner and operator of Perdue Grocery, worked at the Logan Planning Mill and the Boone County Commission. He was also a member of VFW Post 5578 and the 512th Military Police Battalion Reunion; and
Whereas, Technician 5th Grade Charley Perdue was born on August 29, 1919, and died on August 16, 1988; and
Whereas, Technician 5th Grade Charley Perdue entered the U. S. Army on October 8, 1941, and was honorably discharged on November 28, 1945; and
Whereas, Technician 5th Grade Charley Perdue served in Reconnaissance Company, 2nd Armored Regiment, and was part of the following battles and campaigns: Ardennes, Rhineland and Central Europe; and
Whereas, Technician 5th Grade Charley Perdue received the American Defense Service Medal, the American Theater Service Ribbon, the European African Middle Eastern Service Ribbon, the Good Conduct Medal with Clasp and the World War II Victory Ribbon. He also was qualified as a Marksman M-1 Rifle, Sharpshooter LMG and Sharpshooter Carbine; and
Whereas, Technician 5th Grade Charley Perdue was married to Marie Burton Perdue, now deceased; and
Whereas, After the service, Technician 5th Grade Charley Perdue was a school bus driver for Boone County schools and a member of VFW Post 5578; and
Whereas, Sergeant Carl Perdue was born on May 13, 1921, and died on September 3, 1986; and
Whereas, Sergeant Carl Perdue entered the U. S. Army on August 18, 1942, and was honorably discharged on October 29, 1945; and
Whereas, Sergeant Carl Perdue served with the Army Air Force Unit and was awarded the European-African-Middle Eastern Ribbon, the Distinguished Unit Badge and the Good Conduct Medal; and
Whereas, After the service, Sergeant Carl Perdue worked with the Mootz Sunbeam Bakery and Frito Lay; and
Whereas, It is a fitting and well-deserved tribute that a portion of the road where the Perdue family farm once stood be named for these three brothers who so honorably and faithfully served their country, state and community during World War II; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name a portion of Route 7/1, Dog Fork Road, beginning at MP 0.00 and ending at MP 0.25, in Boone County, the “U. S. Army PFC Glenn S. Perdue, U. S. Army TEC 5 Charley H. Perdue and U. S. Army Air Corps SGT Carl C. Perdue Memorial Road”; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to have made and be placed signs identifying that road as the “U. S. Army PFC Glenn S. Perdue, U. S. Army TEC 5 Charley H. Perdue and U. S. Army Air Corps SGT Carl C. Perdue Memorial Road”; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the Commissioner of the Division of Highways.
Delegates Sponaugle, Hott, Rowan, Hartman, C. Thompson and Boggs offered the following resolution, which was read by its title and referred to the Committee on Technology and Infrastructure then Rules:
H. C. R. 52 - “Requesting the Division of Highways name bridge number 36-33-33.85 (36A165), carrying U. S. Route 33 over the South Branch of the Potomac River in Pendleton County, the ‘Dr. H. Luke Eye Memorial Bridge’.”
Whereas, Dr. Harry Luke Eye was a practicing physician and a lifelong philanthropist in Pendleton County, West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 36-33-33.85 (36A165), carrying U. S. Route 33 over the South Branch of the Potomac River in Pendleton County, the “Dr. H. Luke Eye Memorial Bridge”; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge as the “Dr. H. Luke Eye Memorial Bridge”; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the Commissioner of the Division of Highways.
Delegates Boggs, Caputo, Sponaugle and Campbell offered the following resolution, which was read by its title and referred to the Committee on Technology and Infrastructure then Rules:
H. C. R. 53 - “Requesting the Division of Highways name northbound and southbound bridges numbered 04-79-54.18 (04A109, 04A110), locally known as the Co 21 Overpass Bridges, carrying Interstate 79 over County Route 21 in Braxton County, the ‘Ray P. Reip Memorial Bridge’.”
Whereas, Ray P. Reip was born in Braxton County, West Virginia, in 1919 on his parents farm and, throughout his life, enjoyed living in the country; and
Whereas, As a high school student, each day Ray Reip walked several miles through the countryside and then crossed the Elk River by boat to get to and from his school; and
Whereas, Ray Reip served as an aviation radioman in the United States Navy during World War II; and
Whereas, After his discharge from the Navy, Ray Reip returned to his beloved farm in Braxton County to follow in his father’s footsteps as a farmer and where he married and raised two daughters; and
Whereas, The construction of Interstate 79 resulted in a significant impact to the farm so dearly loved by the family, transecting the property, taking the homestead, three barns, and three ponds, and isolating 30 acres from access from the rest of the property; and
Whereas, Ray Reip loved living in West Virginia and he thought it to be the next best place to Heaven; and
Whereas, Ray Reip was known as a hard-working man, a faithful provider, wonderful husband, loving father, loyal neighbor, and a reliable, helpful person; and
Whereas, Ray Reip is survived by his wife Betty, who also served in World War II and is one of the oldest living veterans of World War II in Braxton County, and by his daughters, Barbara Morgan and Donna Pierson; and
Whereas, It is fitting that an enduring memorial be established to commemorate Ray Reip and his unselfish contributions to his community, to our state, and to our country; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name northbound and southbound bridges numbered 04-79-54.18 (04A109, 04A110), locally known as the Co 21 Overpass Bridges, carrying Interstate 79 over County Route 21 in Braxton County, the “Ray P. Reip Memorial Bridge”; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge as the “Ray P. Reip Memorial Bridge”; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the Commissioner of the Division of Highways.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Sypolt, Rowan, Paynter, Waxman, Summers, Kessinger, Howell, Fast, Wilson, Malcolm and Graves:
H. B. 2851 - “A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to providing a special license plate to support adoption; and establishing fees”; to the Committee on Technology and Infrastructure then Finance.
By Delegates Lavender-Bowe, Campbell, Lovejoy, Estep-Burton, Zukoff, Walker, C. Thompson, Dean, Higginbotham, Cooper and J. Kelly:
H. B. 2852 - “A Bill to amend and reenact 18-9A-9 of the Code of West Virginia, 1931, as amended, relating to increasing the expenditure for academic materials, supplies, and equipment from $200 to $300”; to the Committee on Education then Finance.
By Delegates Higginbotham, Jennings, Skaff, Queen, Phillips, Bibby, Wilson, Atkinson and Byrd:
H. B. 2853 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §10-1-14a, relating to establishing the West Virginia Program for Open Education Resources”; to the Committee on Education.
By Delegate Householder:
H. B. 2854 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-9q, exempting sales by not-for-profit and volunteer school support organizations for the purpose of raising funds for their schools from the consumers sales and service tax and use tax; specifying time limitations for fundraisers; specifying the exemption applies without regard to whether the organization holds, or does not hold, an exemption under §501(c)(3) or §501(c)(4) of the Internal Revenue Code”; to the Committee on Finance.
By Delegate Householder:
H. B. 2855 - “A Bill to amend and reenact §12-3-10d of the Code of West Virginia, 1931, as amended, relating to allowing rebate moneys in Purchasing Card Administration Fund to be used for the operation and maintenance of accounting and transparency systems of the State Auditor”; to the Committee on Finance.
By Delegate Householder:
H. B. 2856 - “A Bill to amend and reenact §32-4-406 of the Code of West Virginia, 1931, as amended, relating to the administration of the operating fund of the securities division of the Auditor’s office; and clarifying the percentage of funds to be transferred to the General Revenue Fund”; to the Committee on Finance.
By Delegates Campbell, Hornbuckle, Dean, Higginbotham, Fluharty, Barrett, Lavender-Bowe, Westfall and Atkinson:
H. B. 2857 - “A Bill to amend and reenact §29-22B-503 of the Code of West Virginia, 1931, as amended, relating to qualifications for a limited video lottery operator’s license; and providing that an applicant who has a retail beer, wine or liquor license qualifies for a limited video lottery operator’s license”; to the Committee on the Judiciary.
By Delegates R. Thompson, Hicks, Rodighiero and Evans:
H. B. 2858 - “A Bill to amend and reenact §20-2-5 of the Code of West Virginia, 1931, as amended, relating to permitting the taking of bait fish with a net not exceeding 12 foot in radius”; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Waxman, D. Jeffries, Sypolt, Linville, Jennings, J. Jeffries, Rowan, J. Kelly, Atkinson, Evans and R. Thompson:
H. B. 2859 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2A-10, relating to authorizing certain teachers to use alternative teaching programs if test scores of students are not meeting goals”; to the Committee on Education.
By Delegates Jennings, Hott, Phillips, Maynard and Hanna:
H. B. 2860 - “A Bill to amend the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §18-5-48, relating to mandatory drug testing of all classes of employees in K through 12 schools”; to the Committee on Education then the Judiciary.
By Delegates J. Kelly and Azinger:
H. B. 2861 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §7-28-1, relating generally to the Local Control and Accountability Act; providing counties with authority to impose a one percent county sales tax under certain circumstances; clarifying that a county sales tax does not apply in municipalities already imposing a municipal sales tax; clarifying applicability of county sales tax when a portion of the county is annexed by a municipality with an existing municipal sales tax; and requiring counties imposing a county sales tax to use the services of the Tax Commissioner to administer”; to the Committee on Political Subdivisions then Finance.
By Delegates Westfall, Queen, Atkinson, R. Thompson, Hornbuckle, Dean, Hamrick, Storch, D. Kelly, Mandt and Nelson:
H. B. 2862 - “A Bill to amend and reenact §18C-4-1, §18C-4-2, §18C-4-3, §18C-4-4, and §18C-4-5 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18C-4A-1, §18C-4A-2, and §18C-4A-3 of said code, all relating to the Underwood-Smith scholarship and loan assistance program and teacher scholarship and loan program; modifying the purpose of the scholarship beginning in 2020; establishing scholarship preference for applicants pursuing math and science teaching careers; modifying selection criteria for the award of scholarships; modifying scholarship agreement condition requirements; modifying scholarship renewal requirements; modifying purpose of teacher scholarship program to those pursuing careers in teaching math or science; modifying scholarship agreement condition requirements for teachers; and modifying scholarship renewal requirements for teachers”; to the Committee on Education then Finance.
By Delegates Rohrbach, Wilson and Pyles:
H. B 2863 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-5AA-1, §16-5AA-2, §16-5AA-3, §16-5AA-4, §16-5AA-5 and §16-5AA-6, all relating to establishing an advisory council on rare diseases; creating the advisory council and its composition; setting terms of members; defining words and phrases; defining the duties and the powers of the advisory council; setting out particular duties of the Secretary of the Department of Health and Human Resources; and establishing a special revenue account to the Committee on Health and Human Resources.
By Delegates Byrd, Criss, Rohrbach, Linville, Mandt, Lovejoy, Steele, Foster, N. Brown, Sponaugle and R. Thompson:
H. B. 2864 - “A Bill to amend and reenact §50-1-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §51-1-10a of said code; to amend and reenact §51-2-13 of said code; and to amend and reenact §51-2A-6 of said code, all relating to increasing salaries of magistrates, supreme court justices, circuit court judges, and family court judges pursuant to the 2018 recommendations of the Judicial Compensation Commission”; to the Committee on the Judiciary then Finance.
By Delegates Hamrick, Espinosa, Dean, Rodighiero, Hanna, Waxman, Westfall, R. Thompson, Higginbotham, Miley and Queen:
H. B. 2865 - “A Bill to amend and reenact §18-9A-10 of the Code of West Virginia, 1931, as amended, relating to allowances for instructional technology and advanced placement, dual credit and international baccalaureate programs; increasing base allocation to each county for improving instructional technology; changing basis of determining amount to be distributed to counties for enrollment in advanced placement and dual credit programs and restricting use for program support; and removing language requiring prospective deposits into School Construction Fund”; to the Committee on Education then Finance.
By Delegates Anderson, J. Kelly, Higginbotham and Pethtel:
H. B. 2866 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §36-4-9b, relating to the termination, expiration, or cancellation of oil or natural gas leases; providing a requirement for a lessee to execute and deliver to the lessor, within a specified time and without cost, a recordable release for terminated, expired, or canceled oil or natural gas leases; providing for a procedure by which a lessor may serve notice to a lessee, if a lessee fails to timely provide the release; providing requirements for the content of the notice; requiring a lessee to timely notify the lessor in writing of a dispute regarding the termination, expiration, or cancellation of the oil and natural gas lease; providing for an affidavit of termination, expiration, or cancellation with specified contents; providing a requirement that county clerks accept and record said affidavit; and providing that with proper notification by the lessor and in the absence of a dispute by the lessee, an affidavit of termination, expiration, or cancellation, upon recordation by a county clerk, creates a rebuttable presumption of termination and cancellation of the oil or natural gas lease for certain interests and renders the recorded oil or natural gas lease as insufficient notice of the recorded lease under the notice statute”; to the Committee on Energy then the Judiciary.
By Delegates Householder, Higginbotham, Mandt, Foster, Linville, Graves, Steele, Pack, Espinosa and Wilson:
H. B. 2867 - “A Bill to amend and reenact §9-7-1, §9-7-3, §9-7-6, and §9-7-6a of the Code of West Virginia, 1931, as amended, all relating to transferring the Medicaid Fraud Control Unit to the Attorney General’s office; establishing an effective date the Medicaid Fraud Control Unit will transfer to the Attorney General’s office; establishing the Legislative Auditor to deliver a report on the performance of the Medicaid Fraud Control Unit; establishing investigation powers with the Attorney General; establishing the Secretary of the Department of Health and Human Resources may share documents with the Attorney General; establishing persons able to maintain a civil action; and establishing liability limits for employees acting in good faith”; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Howell, McGeehan, Criss, Fast, Pack, Sypolt, Harshbarger, Hanna, Mandt, Bibby and Hardy:
H. B. 2868 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section designated §17A-3-23a; relating to requiring federal agencies register vehicles based in this state; providing terms to be used on a federal vehicle plate; providing for notification to be given to federal agencies with vehicles based in this state; providing for similar fees based on the vehicle class at the time of registration; and providing an effective date”; to the Committee on Government Organization.
By Delegates Lovejoy, Zukoff, Williams, Estep-Burton, Higginbotham, Evans, S. Brown, Lavender-Bowe, Hott and Canestraro:
H. B. 2869 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-36-1, §19-36-2, §19-36-3, §19-36-4, §19-36-5, §19-36-6, and §19-36-7, all relating to creating West Virginia Healthy Food Crop Block Grant Program; stating findings; defining terms; creating fund; providing general revenue to fund grants for five years; partnering with nonprofit food and farm organization; establishing grant selection committee and membership; providing method for allocating grants; limiting grants; providing for rulemaking; and establishing program review reports”; to the Committee on Agriculture and Natural Resources then Finance.
By Delegates Lavender-Bowe, Angelucci, R. Thompson, Hornbuckle, Evans, Zukoff, Campbell, C. Thompson, Estep-Burton, Dean and Toney:
H. B. 2870 - “A Bill to amend and reenact §18-5-22 of the Code of West Virginia, as amended, relating to reducing the number of students and schools that a school nurse must serve”; to the Committee on Education then Finance.
By Delegates Lavender-Bowe, Angelucci, Walker, Zukoff, Caputo, C. Thompson, Estep-Burton, Rowe, Fleischauer, S. Brown and Hornbuckle:
H. B. 2871 - “A Bill to amend and reenact §21-5C-2 of the Code of West Virginia, 1931, as amended, relating to increasing the state minimum wage”; to the Committee on Small Business, Entrepreneurship and Economic Development then Industry and Labor then Finance.
By Delegates D. Kelly, Caputo, Maynard, J. Kelly, Anderson, Hollen, Miller, Steele, Harshbarger and Lovejoy:
H. B. 2872 - “A Bill to amend and reenact §29-3-12 of the Code of West Virginia, 1931, as amended, relating to authorizing any West Virginia State Police Officer, Natural Resources Police Officer, or any county or municipal law-enforcement officer to assist the State Fire Marshal or any of his or her employees in any duties for which the State Fire Marshal has jurisdiction; and to authorizing the State Fire Marshal, any full-time deputy fire marshal, or any full-time assistant fire marshal employed by the State Fire Marshal to carry a firearm in the course of official duties”; to the Committee on Fire Departments and Emergency Medical Services then the Judiciary.
By Delegates Doyle, Hornbuckle, R. Thompson, Evans, Pushkin, Longstreth, N. Brown, Angelucci, Fleischauer, Canestraro and Fluharty:
H. B. 2873 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-2-14, relating to requiring the Insurance Commissioner to establish an insurance program for health and medical insurance coverage to be offered in counties with limited insurance providers”; to the Committee on Banking and Insurance then Health and Human Resources.
By Delegates Bates, Barrett, Caputo, Lavender-Bowe, Campbell, Hornbuckle, Zukoff, Estep-Burton, Doyle, R. Thompson and S. Brown:
H. B. 2874 - “A Bill to amend and reenact §15-2-5 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18A-4-2 and §18A-4-8a of said code, all relating to increasing annual compensation for the West Virginia State Police, public school teachers, and school service personnel”; to the Committee on Education then Finance.
By Delegates J. Kelly, Cadle, Criss, Hamrick, J. Jeffries, Mandt, C. Martin, Maynard, Paynter, Steele and Summers:
H. B. 2875 - “A Bill to amend and reenact §5B-2A-5, §5B-2A-6 and §5B-2A-9 of the Code of West Virginia, 1931, as amended; to amend and reenact §22-3-14 of said code; to amend and reenact §22-11-10 of said code; amend and reenact §22-30-3 of said code; to amend and reenact §22A-1-14 of said code; to amend said code by adding thereto a new section, designated §22A-1-43; to amend and reenact §22A-1A-1 and §22A-1A-2 of said code; to amend said code by adding thereto a new section, designated §22A-1A-5; to amend and reenact §22A-2-2, §22A-2-4, §22A-2-12 and §22A-2-78 of said code; to amend said code by adding thereto two new sections, designated §22A-2-80, and §22A-2-81; to amend and reenact §22A-8-1, §22A-8-5 and §22A-8-6 of said code; and to amend said code by adding thereto a new section, designated §22A-8-10, all relating generally to coal mine safety; adding an additional permit requirement; addressing water pollution control; adding a definition; altering mine inspectors’ duties; providing for additional drug testing and for positive drug tests; altering the ventilation of mines and ventilation plan requirements; altering the examination requirements to determine compliance with permits; addressing unauthorized entry into active, closed and abandoned coal mines; requiring certain existing rules to be revised; exempting properly trained mine communications persons from having to have a certificate of competency and qualification permit; altering apprentice supervision requirements; differentiating underground miners and surface miners for certificates of competency and qualification purposes; setting forth the requirements of surface miners’ certificates of competency and qualification; providing criminal penalties; providing effective dates; and requiring rule-making”; to the Committee on Industry and Labor then Energy.
By Delegates Miller, D. Kelly, Steele, Kessinger, Maynard, Lovejoy and Robinson:
H. B. 2876 - “A Bill to amend and reenact §11A-1-17 of the Code of West Virginia, 1931, as amended, relating to the commission allowed to a sheriff for collection of taxes and including the commission in the annual base pay of the sheriff”; to the Committee on Finance.
By Delegates P. Martin and C. Martin:
H. B. 2877 - “A Bill to amend and reenact §17C-13-6 of the Code of West Virginia, as amended, relating to prohibiting public entities, including state, county and municipal buildings and facilities, places of public accommodation and commercial facilities, from charging a fee for parking in an accessible parking space bearing the international symbol of access”; to the Committee on Technology and Infrastructure then the Judiciary.
Special Calendar
Third Reading
Com. Sub. for H. B. 2363, Relating to the Upper Kanawha Valley Resiliency and Revitalization Program; 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. 84), 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: Kump and Worrell.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2363) 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. 2490, Preventing proposing or enforcing rules that prevent recreational water facilities from making necessary upgrades; 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. 85), 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: Kump and Worrell.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2490) 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. 2691, Providing that a license to carry a concealed deadly weapon expires on the holder’s birthday; 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. 86), 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: Kump and Worrell.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2691) 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. 2779, Providing that proceeds from certain oil and gas wells to persons whose name or address are unknown are to be kept in a special fund; 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. 87), 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: Kump and Worrell.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2779) 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. 240, Repealing certain legislative rules no longer authorized or are obsolete; on second reading, coming up in regular order, was reported by the Clerk.
On motion of Delegate Summers, the bill was postponed one day.
S. B. 324, Relating to Commissioner of Agriculture employees; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for H. B. 2204, Prohibiting state licensing boards from hiring lobbyists; 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. 2479, Corporate Governance Annual Disclosure 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. 2481, Permitting retail sale of alcoholic beverages on Sundays after 1 p.m.; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 2608, Repealing the requirement of printing the date a consumer deposit account was opened on paper checks; 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. 2686, Relating to permitting the Supreme Court of Appeals of West Virginia to create a family drug court pilot program; 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 on first reading, coming up in regular order, were each read a first time and ordered to second reading:
S. B. 354, Expiring funds to balance of Auditor's Office - Chief Inspector's Fund,
Com. Sub. for H. B. 2365, Clarifying the definition of an employee for the purposes of unemployment compensation and workers’ compensation,
Com. Sub. for H. B. 2392, Allowing the Alcohol Beverage Control Commissioner to issue special one-day licenses for charitable events,
H. B. 2528, Relating to employees of the Commissioner of Agriculture,
Com. Sub. for H. B. 2545, Exempting recipients of the distinguished Purple Heart medal from payment of the vehicle registration fee,
H. B. 2546, Excluding from tax equipment installed in a motor vehicle for use of a person with a medical necessity,
Com. Sub. for H. B. 2554, Relating to transfers and enrollment policies for students in public schools,
Com. Sub. for H. B. 2601, Relating to the review and approval of state property leases,
H. B. 2696, Creating an additional index system for state-owned lands,
Com. Sub. for H. B. 2737, Relating to training of State Tax Division employees,
Com. Sub. for H. B. 2740, Barring a parent from inheriting from a child in certain instances,
H. B. 2746, Relating to administration of estates,
H. B. 2759, Providing for the ancillary administration of West Virginia real estate owned by nonresidents by affidavit and without administration,
And,
H. B. 2815, Raising the value of goods or chattels that are taken in a larceny to constitute grand larceny.
Leaves of Absence
At the request of Delegate Summers, and by unanimous consent, leaves of absence for the day were granted Delegates Kump and Worrell.
Miscellaneous Business
Pursuant to House Rule 132, unanimous consent was requested and obtained to print the remarks of the following Members in the Appendix to the Journal:
- Delegates Atkinson, Mandt and Steele during Remarks by Members
Pursuant to House Rule 94b, Members filed forms with the Clerk’s Office to be added as a cosponsor of the following:
- Delegates Lavender-Bowe and Walker for H. B. 2336
- Delegate Anderson for H. B. 2673
- Delegate Harshbarger for H. B. 2720
- Delegates Capito, Ellington, Evans, Mandt, Paynter and Porterfield for H. B. 2809
Delegate Hott filed a form with the Clerk’s Office to be added as the lead sponsor of H. C. R. 16.
At 12:17 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, February 7, 2019.
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