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House Journal


Day 60 (03-09-2019) - [PDF]
Day 59 (03-08-2019) - [PDF]
Day 55 (03-04-2019) - [PDF]
Day 44 (02-21-2019) - [PDF]
Day 42 (02-19-2019) - [PDF]
Day 31 (02-08-2019) - [PDF]
Day 28 (02-05-2019) - [PDF]
Day 58 (03-07-2019) - [PDF]
Day 57 (03-06-2019) - [PDF]
Day 56 (03-05-2019) - [PDF]
Day 53 (03-02-2019) - [PDF]
Day 52 (03-01-2019) - [PDF]
Day 51 (02-28-2019) - [PDF]
Day 50 (02-27-2019) - [PDF]
Day 49 (02-26-2019) - [PDF]
Day 48 (02-25-2019) - [PDF]
Day 45 (02-22-2019) - [PDF]
Day 43 (02-20-2019) - [PDF]
Day 41 (02-18-2019) - [PDF]
Day 38 (02-15-2019) - [PDF]
Day 37 (02-14-2019) - [PDF]
Day 36 (02-13-2019) - [PDF]
Day 35 (02-12-2019) - [PDF]
Day 34 (02-11-2019) - [PDF]
Day 30 (02-07-2019) - [PDF]
Day 29 (02-06-2019) - [PDF]
Day 27 (02-04-2019) - [PDF]
Day 24 (02-01-2019) - [PDF]
Day 23 (01-31-2019) - [PDF]
Day 22 (01-30-2019) - [PDF]
Day 21 (01-29-2019) - [PDF]
Day 20 (01-28-2019) - [PDF]
Day 17 (01-25-2019) - [PDF]
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Day 15 (01-23-2019) - [PDF]
Day 14 (01-22-2019) - [PDF]
Day 13 (01-21-2019) - [PDF]
Day 10 (01-18-2019) - [PDF]
Day 09 (01-17-2019) - [PDF]
Day 08 (01-16-2019) - [PDF]
Day 07 (01-15-2019) - [PDF]
Day 06 (01-14-2019) - [PDF]
Day 03 (01-11-2019) - [PDF]
Day 02 (01-10-2019) - [PDF]
Day 01 (01-09-2019) - [PDF]

 

__________*__________

 

 

 

Thursday, February 7, 2019

THIRTIETH DAY

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

 

 

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

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

            The Clerk proceeded to read the Journal of Wednesday, February 6, 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. 2415, Requiring the State Board of Education to adopt a policy detailing the appropriate level of computer science instruction,

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

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

Your Committee on Finance has had under consideration:

H. B. 2405, Imposing a healthcare related provider tax on certain health care organizations,

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

Com. Sub. for H. B. 2405 - “A Bill to repeal §11-26-1, §11-26-2, §11-26-3, §11-26-4, §11-26-5, §11-26-6, §11-26-7, §11-26-8, §11-26-9, §11-26-10, §11-26-11, §11-26-12, §11-26-13, §11-26-14, §11-26-15, §11-26-16, §11-26-17, §11-26-19 and §11-26-20 of the Code of West Virginia, 1931, as amended; to amend and reenact §11-27-3 of said code; and to amend said code by adding thereto a new section, designated §11-27-10a, all relating to imposing a health care related provider tax on certain health care organizations; repealing an outdated tax; defining terms; establishing tax rates; requiring federal approval of tax; setting effective date; and setting a termination date,”

H. B. 2674, Creating a student loan repayment program for a mental health provider,

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

Com. Sub. for H. B. 2674 - “A Bill to amend and reenact §18C-3-3 of the Code of West Virginia, 1931, as amended, relating to creating a student loan repayment program for mental health providers; creating a special revenue fund; and providing rulemaking authority to establish the program,”

And,

H. B. 2734, Relating to reduced rates for low-income residential customers of privately owned sewer and combined water and sewer utilities,

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

Com. Sub. for H. B. 2734 - “A Bill to amend and reenact §11-13-3f of the Code of West Virginia, 1931, as amended; to amend and reenact §11-13F-1, §11-13F-2 and §11-13F-3 of said code; to amend and reenact §11-24-11 of said code; to amend and reenact §24-2A-5 of said code; and to amend and reenact §24-3-2 of said code, all relating to reduced rates for low-income residential customers of privately owned sewer and combined water and sewer utilities; providing for application for reduced rates; and authorizing certain tax credits for cost of using reduced rates,”

With the recommendation that the committee substitutes each do pass.

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

Your Committee on Finance has had under consideration:

H. B. 2813, Relating generally to collection of use tax,

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

Com. Sub. for H. B. 2813 - “A Bill to amend and reenact §11-15A-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §11-15A-6b, all relating generally to collection of use tax; defining terms, requiring collection of use tax by marketplace facilitators and referrers satisfying certain economic nexus requirements; and specifying internal effective date,”

With the recommendation that the committee substitute do pass.

Delegate Howell, Chair of the Committee on Government Organization, submitted the following report, which was received:

Your Committee on Government Organization has had under consideration:

H. B. 2330, Allowing honorably discharged veterans who possess certain military ratings to qualify to take an examination for licensing as a plumber, electrician, and sprinkler fitter,

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

Com. Sub. for H. B. 2330 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-14-3a; to amend said code by adding thereto a new section, designated §29-3B-4a; and to amend said code by adding thereto a new section, designated 29-3D-4a, all relating to allowing military veterans with certain experience to qualify for examination for licensure; providing the qualifications to sit for a plumbers examination; providing qualifications to sit for an electricians examination; providing qualifications to sit for an examination of a sprinkler fitter in training or a journeyman sprinkler fitter,”

With the recommendation that the committee substitute do pass.

Delegate Howell, Chair of the Committee on Government Organization, submitted the following report, which was received:

Your Committee on Government Organization has had under consideration:

H. B. 2699, Relating to municipal annexation by minor boundary adjustment,

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. 2699) was referred to the Committee on the Judiciary.

Delegate Howell, Chair of the Committee on Government Organization, submitted the following report, which was received:

Your Committee on Government Organization has had under consideration:

H. B. 2708, Local Government Labor and Consumer Marketing Regulatory Limitation Act,

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

In accordance with the former direction of the Speaker, the bill (H. B. 2708) was referred to the Committee on the Judiciary.

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. 154 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-13d, relating to the use of school facilities; recognizing schools are integral parts of communities and the death of certain community members can have a significant impact on communities; requiring school facilities to be used for funeral and memorial services of certain community members; permitting county boards of education to establish a process for requesting the use of school facilities for funeral and memorial services; providing that county boards of education are not responsible for additional costs associated with such funeral and memorial services that are held at school facilities; and clarifying that such funeral and memorial services that are held at school facilities are not to disrupt or interfere with classroom instruction or other scheduled school event or activity”; which was referred to the Committee on Education.

            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. 157 - “A Bill to amend and reenact §64-2-1 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Administration to promulgate legislative rules; authorizing the rules as filed and as modified by the Legislative Rule-Making Review Committee; authorizing the Department of Administration to promulgate a legislative rule relating to purchasing; authorizing the Department of Administration to promulgate a legislative rule relating to state-owned vehicles; and authorizing the Department of Administration to promulgate a legislative rule relating to leasing of space and acquisition of real property on behalf of state spending units”; which was referred to the Committee on Government Organization then the Judiciary.

            A message from the Senate, by

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

            Com. Sub. for S. B. 175 - “A Bill to amend and reenact §64-5-1 and §64-5-2 of the Code of West Virginia, 1931, as amended, all relating generally to authorizing certain agencies of the Department of Health and Human Resources to promulgate legislative rules; authorizing the rules as filed, as modified by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to collection and exchange of data related to overdoses; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to behavioral health centers licensure; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to assisted living residences; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to food establishments; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to food manufacturing facilities; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to newborn screening system; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to medication-assisted treatment—office-based, medication-assisted treatment; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to chronic pain management clinic licensure; and authorizing the Health Care Authority to promulgate a legislative rule relating to cooperative agreement approval and compliance”; which was referred to the Committee on Health and Human Resources then the Judiciary.

            A message from the Senate, by

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

            S. B. 267 - “A Bill to amend and reenact §18-2-12 of the Code of West Virginia, 1931, as amended, relating to requiring the State Board of Education to adopt a policy detailing the appropriate level of computer science instruction that shall be available to students at each programmatic level; and requiring the West Virginia Department of Education to develop and offer professional development opportunities.”

            At the respective requests of Delegate Summers, and by unanimous consent, reference of the bill (S. B. 267) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

            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. 387 - “A Bill to repeal §5-1-6, §5-1-7, §5-1-8, §5-1-9, §5-1-10, §5-1-11, and §5-1-12 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §62-14A-1, §62-14A-2, §62-14A-3, §62-14A-4, §62-14A-5, §62-14A-6, and §62-14A-7, all relating generally to extradition; recodifying existing extradition procedures in a new article; including persons who have been improperly released prior to completion of a sentence as being subject to extradition; designating the Commissioner of the Division of Corrections and Rehabilitation as the responsible official as to incarcerated persons subject to extradition; clarifying the proper types and number of documents used in the extradition process; and updating of designated persons or entities in other jurisdictions involved in the extradition process”; which was referred to the Committee on the Judiciary.

Resolutions Introduced

            Delegates Harshbarger, Worrell, Dean, Hamrick, Waxman, Hansen, Butler, McGeehan, Cadle, Mandt, D. Kelly and Queen offered the following resolution, which was read by its title and referred to the Committee on Technology and Infrastructure then Rules:

H. C. R. 54 - “Requesting the Division of Highways name the new Cairo Bridge (State Project No. S343-31-9.82 Federal Project No. STP-0031(037)D) to be located on Main Street, in Cairo, Ritchie County that crosses the North Fork Hughes River, and replaces bridge number 43-31-9.82,  the ‘U. S. Navy AOAN David ‘Wayne’ Cornell Memorial Bridge’.”

Whereas, David “Wayne” Cornell was born on October 16, 1966, the only son of David Paul Cornell and Dolley Marie Cornell (nee Jewel), both of Ritchie County, West Virginia; and

Whereas, David ‘Wayne’ Cornell attended Cairo Elementary School and graduated from Harrisville High School where he was well liked and respected by his teachers and fellow classmates; and

Whereas, David ‘Wayne’ Cornell spent the summer months of his teenage years working for the town of Cairo and the citizens of Ritchie County by cleaning and clearing the banks of the North Fork Hughes River, including the areas around the existing bridge and the new bridge’s location; and

Whereas, David ‘Wayne’ Cornell was an avid hunter and fisherman, spending much of his free time fishing the North Fork Hughes River and hunting the surrounding areas.  He represented to many all that was good and wholesome while still embracing the spirit of “Wild and Wonderful West Virginia”; and

Whereas, David ‘Wayne’ Cornell enlisted in the United States Navy upon his graduation in 1984 and earned the rank of Aviation Ordnanceman Airman (AOAN). Aviation Ordnancemen have some of the more high-risk responsibilities in the Armed Forces inasmuch as they handle and service weapons and ammunition carried on Navy aircraft; and

Whereas, AOAN Cornell was stationed on the USS Coral Sea CV43, and was awarded the Armed Forces Expeditionary Medal, the Navy Expeditionary Medal and Navy Unit Commendation for his direct involvement in the Coral Sea’s combat operations against the hostile government of Libya in 1986; and

Whereas, Sadly, AOAN Cornell was killed on January 31, 1988, onboard the USS Coral Sea CV-43 during the deployment to the Mediterranean Sea. His death was directly connected to his efforts to preserve his ship’s integrity and the lives of his shipmates; therefore, be it

Resolved by the Legislature of West Virginia:

That the Commissioner of the Division of Highways is hereby requested to name the new Cairo Bridge (State Project No. S343-31-9.82 Federal Project No. STP-0031(037)D) to be located on Main Street, in Cairo, Ritchie County that crosses the North Fork Hughes River, and replaces bridge number 43-31-9.82,  the “U. S. Navy AOAN David ‘Wayne’ Cornell 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 “U. S. Navy AOAN David ‘Wayne’ Cornell 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 Atkinson, Westfall, J. Kelly, Hollen, Higginbotham and Canestraro offered the following resolution, which was read by its title and referred to the Committee on Technology and Infrastructure then Rules:

H. C. R. 55 - “Requesting the Division of Highways name bridge number 18-77-119.86 NB & SB (18A150, 18151) locally known as Goldtown Interchange Bridges, carrying Interstate 77 over County Route 21 and Pocatalico Creek in Jackson County, the ‘U. S. Navy Seaman 1st Class Brady William Milam Memorial Bridge’.”

Whereas, Navy Seaman 1st Class Brady William Milam; served in the U. S.  Navy Atlantic and Pacific fleets. His ships were the USS Thomas Jefferson, and The USS Fuller.  In April 1942, the Fuller transferred to the Pacific, where she served for the rest of Seaman 1st Class Milam’s career; and

Whereas, Seaman 1st Class Brady William Milam took part in the Guadalcanal invasion in August 1942 and operated in support of the long and difficult campaign to hold that island. between August 1942 and February 1943; and

Whereas, During his time in the Navy, Seaman 1st Class Milam was in North Africa, Guadalcanal, Fiji Islands, New Caledonia, Australia, New Zealand, and New Guinea. He also saw an active volcano in Japan and passed through the Panama Canal on his way back to San Diego, California, where he was honorably discharged in 1943; and

Whereas, Seaman 1st Class Brady William Milam passed away on March 29, 2005; and

Whereas, It is fitting that an enduring memorial be established to commemorate Navy Seaman 1st Class Brady William Milam and his contributions to our state and country; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways name bridge number 18-77-119.86 NB & SB (18A150, 18151) locally known as Goldtown Interchange Bridges, carrying Interstate 77 over County Route 21 and Pocatalico Creek in Jackson County, the “U. S. Navy Seaman 1st Class Brady William Milam 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 “U. S. Navy Seaman 1st Class Brady William Milam 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 Rodighiero, Tomblin, Maynard, Miller, Hicks and Evans offered the following resolution, which was read by its title and referred to the Committee on Technology and Infrastructure then Rules:

H. C. R. 56 - Requesting the Division of Highways  name a one-mile section of WV Route 17, from mile marker 9.87 to mile marker 10.87, in Boone County, the ‘U. S. Army SPC Larry E. Nunnery, Sr. Memorial Highway’.”

Whereas, Larry E. Nunnery, Sr. was born on April 29, 1942, to Samuel and Lola Nunnery; and

Whereas, Larry E. Nunnery, Sr. married Janice White Nunnery; and

Whereas, Army Specialist Larry E. Nunnery, Sr. served in the United States Army in Korea and Germany; and

Whereas, Following his military service, SPC Nunnery worked in the coal mines until he became disabled and also worked with the Boone County Parks and Recreation for 10 years; and

Whereas, SPC Nunnery was a member of the Independent Order of Odd Fellows and served on the Boone County Correctional Officer Civil Service Committee for two years; and

Whereas, SPC Nunnery was Vice Chairman of the Democratic Party in Boone County for more than 10 years and assisted numerous veterans file and receive benefits; and

Whereas, SPC Nunnery passed away on December 31, 2000; and

Whereas, It is fitting that an enduring memorial be established to commemorate this native son who so ably served his state and his country; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name a one-mile section of WV Route 17, from mile marker 9.87 to mile marker 10.87, in Boone County, the “U. S. Army SPC Larry E. Nunnery, Sr. Memorial Highway”; 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 portion of the road as the “U. S. Army SPC Larry E. Nunnery, Sr. Memorial Highway”; and, be it

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

Motions

            Delegate Fluharty was recognized and moved, pursuant to House Rule 82, that H. B. 2733 be discharged from the Committee on Industry and Labor.

            Delegate Summers moved that the motion be tabled.

On this question, the yeas and nays were demanded, which demand was sustained.

The yeas and nays having been ordered, they were taken (Roll No. 88), and there were--yeas 58, nays 40, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Angelucci, Barrett, Bates, Boggs, N. Brown, S. Brown, Campbell, Canestraro, Caputo, Diserio, Doyle, Estep-Burton, Evans, Fleischauer, Fluharty, Hansen, Hartman, Hicks, Hornbuckle, Lavender-Bowe, Longstreth, Lovejoy, Miley, Miller, Pethtel, Pushkin, Pyles, Robinson, Rodighiero, Rowe, Skaff, Sponaugle, Staggers, Swartzmiller, C. Thompson, R. Thompson, Tomblin, Walker, Williams and Zukoff.

Absent and Not Voting: Byrd and Kump.

So, a majority of the members present and voting having voted in the affirmative, the motion to discharge was laid upon on the table.

Bills Introduced

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

            By Delegate Harshbarger:

H. B. 2879 - “A Bill to amend and reenact §20-2B-7 of the Code of West Virginia, 1931, as amended, relating to authorizing lifetime hunting, fishing, and trapping licenses for foster or adoptive children who have not reached the second year of their placement to be the same cost as resident children who have not reached their second birthday”; to the Committee on Agriculture and Natural Resources then Finance.

            By Delegates Hill, Dean, D. Jeffries, Angelucci, Rohrbach, Jennings, Miller, Bates and Sponaugle:

H. B. 2880 - “A Bill to amend and reenact §24-6-5 of the Code of West Virginia, 1931, as amended, relating to requiring persons employed to dispatch emergency calls in county emergency dispatch centers to complete a training course in emergency cardiovascular care for telephonic cardiopulmonary resuscitation; requiring training to be completed by a certain date; and requiring calls to be transferred to call center in certain circumstances”; to the Committee on Political Subdivisions then Health and Human Resources.

            By Delegates Howell, Pack, C. Martin, Steele, Wilson, Bibby, Hardy, D. Jeffries, Ellington, Hollen and Linville:

H. B. 2881 - “A Bill to amend and reenact §17A-3-23 of the Code of West Virginia, 1931, as amended, relating to altering the color scheme for county vehicle registration plates; altering the color scheme for city or municipality vehicle registration plates; providing that all county vehicle registration plates, title certificates, and registration certificates shall expire on December 31, 2019; providing for exemptions for certain county Class A license plates; requiring all counties to obtain a new title certificate, registration certificate, and registration plate for all county vehicles prior to January 1, 2020; requiring renewal every two years; providing that all city and municipal registration plates, title certificates, and registration certificates shall expire on December 31, 2019; providing for exemptions for certain city and municipal Class A license plates; requiring all cities or municipalities to obtain a new title certificate, registration certificate, and registration plate for all city or municipality vehicles prior to January 1, 2020; and requiring renewal every two years”; to the Committee on Government Organization then Finance.

            By Delegates Ellington, Hill, Worrell, Wilson, D. Jeffries, Criss, Dean, Staggers and Rohrbach:

H. B. 2882 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18C-3-5, relating to creating a health professionals’ student loan programs; health sciences tuition program; and providing in-state tuition rates to out-of-state medical and osteopathic students who agree to practice for a specific time within West Virginia”; to the Committee on Education then Finance.

            By Delegates Miller, Steele, Kessinger, Rohrbach, Canestraro, D. Kelly and Lovejoy:

H. B. 2883 - “A Bill to amend and reenact 60A-1-101 of the Code of West Virginia, 1931, as amended, relating to expanding the definitions of locations where enhanced penalties for selling controlled substances to a minor are applicable”;  to the Committee on Prevention and Treatment of Substance Abuse then the Judiciary.

            By Delegates Miller and Sypolt:

H. B. 2884 - “A Bill to amend and reenact §59-1-11 of the Code of West Virginia, 1931, as amended, relating to permitting the clerk of a circuit court to charge and collect a fee to search electronic records that requires special programming; permitting the clerk of a circuit court to charge and collect a fee to search records off-site; and requiring the fees be deposited in the Courthouse Facilities Improvement Fund”; to the Committee on the Judiciary then Finance.

            By Delegates Rohrbach, Maynard, Paynter, Rodighiero, Miller, Worrell, Campbell, Graves, Hollen and Lovejoy:

H. B. 2885 - “A Bill to amend and reenact §15-2-5 of the Code of West Virginia, 1931, as amended, relating to increasing salaries for members of the West Virginia State Police over a three-year period; increasing the annual interval salary increase; and setting effective dates”; to the Committee on Finance.

            By Delegates Howell, Pack, C. Martin, Hanshaw (Mr. Speaker), Hartman, Phillips, Summers, D. Jeffries, Ellington, Hollen and Linville:

H. B. 2886 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section designated §17A-2-26, relating to establishing requirements for a Division Motor Vehicles office or Division of Motor Vehicles Now kiosk to be present in a county; establishing definitions for this section; establishing conditions for a Division of Motor Vehicles office location to be within a county; establishing exemptions under certain conditions; establishing requirements for a Division of Motor Vehicles Now kiosk to be located in a county; establishing the total number of Division of Motor Vehicle offices in this state; establishing the maximum number of Division of Motor Vehicle Now kiosks are to be determined; and requiring the provisions of this section be implemented by July 1, 2021”;  to the Committee on Government Organization.

            By Delegates Capito and Nelson:

H. B. 2887 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §31-15D-1, §31-15D-2, §31-15D-3, §31-15D-4, §31-15D-5 and §31-15D-6; §31-15D-7; and to amend said code by adding thereto a new section, designated §33-3-14e, all relating to establishing a West Virginia business growth in low-income communities tax credit; providing title; defining terms; establishing amount of credit allowed; transferability; certification of qualified equity investment; recapture of tax credits; notice of noncompliance; letter rulings; new capital requirement; and reporting”; to the Committee on Small Business, Entrepreneurship and Economic Development then Finance.

            By Delegate Rodighiero:

H. B. 2888 - “A Bill to amend and reenact §15A-4-20 of the Code of West Virginia, 1931, as amended, relating to work programs; defining who is a qualified inmate for work program; and establishing good time credit for participants of work programs”;  to the Committee on the Judiciary then Finance.

            By Delegates Miller, Sypolt, Angelucci, Lovejoy and Robinson:

H. B. 2889 - “A Bill to amend and reenact §38-3-4 of the Code of West Virginia, 1931, as amended, relating to judgment liens; and requiring that the last four digits of debtor’s social security number and other identifying information be included in abstracts of judgments”; to the Committee on the Judiciary.

            By Delegate Rohrbach:

H. B. 2890 - “A Bill to amend and reenact §16-22-3 of the Code of West Virginia, 1931, relating to the expansion of newborn testing to include Adrenoleukodystrophy”; to the Committee on Health and Human Resources.

            By Delegates Hicks, Rodighiero, Tomblin, Evans, Zukoff, R. Thompson, Walker and Skaff:

H. B. 2891 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13EE-1, relating to creating tax credits for new and/or existing small businesses in this state and operating entirely within West Virginia”; to the Committee on Small Business, Entrepreneurship and Economic Development then Finance.

            By Delegates Canestraro, Miller, D. Kelly, Hollen, N. Brown and Steele:

H. B. 2892 - “A Bill to amend and reenact §62-1A-2 of the Code of West Virginia, 1931, as amended, relating to including digital and virtual information in the definition of property that can be searched and seized by a warrant”;  to the Committee on the Judiciary.

            By Delegates Sponaugle, Hartman, N. Brown, Barrett, C. Thompson, Boggs, Pushkin, Ellington, Criss, Miley and Caputo:

H. B. 2893 - “A Bill to amend and reenact §48-19-105 of the Code of West Virginia, 1931, as amended, relating to increasing minimum salaries for Bureau for Child Support Enforcement attorneys”; to the Committee on Health and Human Resources then Finance.

            By Delegates Malcolm, D. Jeffries, Graves, Higginbotham and Sypolt:

H. B. 2894 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-6-26, relating to creating the offense of disturbing the peace by barking or howling dogs; providing misdemeanor offense; and authorizing seizure of dog”; to the Committee on the Judiciary.

            By Delegates Miley and Queen:

H. B. 2895 - “A Bill to amend and reenact §61-11A-8 of the Code of West Virginia, 1931, as amended, relating to allowing victims of certain crimes to get a restraining order prohibiting convicted persons from contacting or living in proximity to the victim, upon a finding that this has caused or will cause the victim emotional distress”; to the Committee on the Judiciary.

            By Delegates Miley, Longstreth, Pyles, Fluharty, Estep-Burton, Hornbuckle, Williams, Pushkin, Staggers, C. Thompson and N. Brown:

H. B. 2896 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated as §30-5-35; and to amend said code by creating a new article, designated §46A-6K-1, §46A-6K-2, §46A-6K-3, §46A-6K-4,and §46A-6K-5, all relating to establishing a program to monitor and regulate dangerous pharmaceutical distribution practices; requiring the board of pharmacy to establish requirements for manufacturers and distributors of certain Schedule II drugs sold in the state; authorizing the Board of Pharmacy to promulgate legislative rules; providing legislative findings for the need for oversight and regulation of schedule II drugs; granting authority of the Attorney General to enforce unfair and deceptive practices relating to sales of Schedule II drugs; requiring Schedule II drug manufacturers and distributors to report sale figures to state pharmacies; providing for enforcement and remedies for violations; and requiring legislative authorization for Attorney General settlements with all Schedule II manufacturers and distributors”; to the Committee on Prevention and Treatment of Substance Abuse then the Judiciary.

            By Delegates C. Thompson, Hartman, Dean, R. Thompson, Lavender-Bowe, Estep-Burton, Boggs, Hornbuckle, Rowan, N. Brown and Walker:

H. B. 2897 - “A Bill to amend and reenact §17C-6-1 of the Code of West Virginia, 1931, as amended, relating to driving restrictions in school zones; specifying that the speed limit restriction for school zones applies during school recess or while children are going to or leaving school during opening or closing hours and whenever school zone flashing beacons are active; requiring that school zone flashing beacons be activated whenever students are present at a school for student activities occurring outside of a school’s regular hours of operation”;  to the Committee on Technology and Infrastructure then Education.

            By Delegates Rodighiero, Evans, R. Thompson, Hicks, Tomblin and Wilson:

H. B. 2898 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §24-2H-1, relating to billing practices of public utilities; prohibiting estimated bills”; to the Committee on the Judiciary.

            By Delegates J. Jeffries, D. Jeffries, Waxman, Fast, Porterfield, Maynard, Graves and Malcolm:

H. B. 2899 - “A Bill to amend the Code of West Virginia, 1931, as amended by adding thereto a new article, designated §5B-4-1, §5B-4-2, §5B-4-3, and §5B-4-4, all relating to creating the West Virginia Intrastate Commerce Improvement Act; and ensuring that businesses, organizations and employers doing business in West Virginia are subject to uniform nondiscrimination laws and obligations”; to the Committee on Government Organization then the Judiciary.

            By Delegates Lavender-Bowe, Campbell, Paynter, Zukoff, R. Thompson, Wilson, Atkinson, J. Jeffries and Hartman:

H. B. 2900 - “A Bill to amend and reenact §19-19-2 of the Code of West Virginia, 1931, as amended; and to amend the code by adding thereto two new sections, designated §19-19-7 and §19-19-8, all relating to the right to farm; providing for an amended definition of agriculture; providing for protections to agriculture operations from nuisance litigation if the facility has been in operation for more than one year; and providing a severability clause”; to the Committee on Agriculture and Natural Resources then the Judiciary.

            By Delegates Storch, Nelson, Skaff, Sponaugle, Fluharty, Graves, McGeehan, Westfall, Rowe, Barrett and Householder:

H. B. 2901 - “A Bill to amend and reenact §29-22A-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §29-22C-3 and §29-22C-8 of said code, all relating to allowing for the establishment of a secondary location for racetrack video lottery terminals and racetrack table games of licensed racetracks to an alternative location within the current county of the licensed racetrack”; to the Committee on the Judiciary then Finance.

            By Delegates Pushkin, Criss, Rohrbach, Butler, S. Brown, Estep-Burton, Walker and Sponaugle:

H. B. 2902 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-10P-1, §18-10P-2 and §18-10P-3; and to amend and reenact §21-5C-1 of said code; all relating to wages of persons with disabilities; initiating a State ‘Employment First Policy’ to facilitate integrated employment of disabled persons; providing legislative findings; establishing a taskforce to develop a State Employment First Policy; providing for implementation of the State Employment First Policy; and removing the exemption from paying minimum wages to disabled persons working in nonprofit workshops”; to the Committee on Health and Human Resources then the Judiciary.

            By Delegates Rodighiero, N. Brown, Tomblin, R. Thompson, Wilson, Kessinger, Steele, Dean, Hamrick, Hicks and Westfall:

H. B. 2903 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2P-1, §16-2P-2, §16-2P-3, §16-2P-4, §16-2P-5, §16-2P-6, §16-2P-7, §16-2P-8, §16-2P-9, §16-2P-10, §16-2P-11, §16-2P-12, and §16-2P-13, all relating to enacting the Fetal Heartbeat Act; prohibiting abortions when a fetal heartbeat is detected; providing exceptions; making findings; establishing standards, requirements, and procedures; requiring documentation; requiring notice and acknowledgments; creating the Joint Legislative Committee on Adoption Promotion and Support; establishing penalties; permitting civil actions; defining terms; and providing for rule-making”; to the Committee on Health and Human Resources then the Judiciary.

            By Delegates Hanna, P. Martin, Paynter, Campbell, J. Jeffries, Porterfield, Angelucci and S. Brown:

H. B. 2904 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §4-1-24, relating to implementing drug testing for legislators of the State of West Virginia”; to the Committee on Health and Human Resources then the Judiciary.

            By Delegates Hicks, Rodighiero, Tomblin, Evans, Zukoff, R. Thompson, Walker and Skaff:

H. B. 2905 - “A Bill to amend and reenact §48-11-105 and §48-11-106 of the Code of West Virginia, 1931, as amended; all relating to requiring in the event the amount of child support to be paid is modified by a later child support order, the amount to be paid is effective on the date the petition for the modification was filed, not the date the subsequent order was entered”; to the Committee on the Judiciary.

            By Delegates Hicks, Rodighiero, Tomblin, Evans, Zukoff, R. Thompson and Walker:

H. B. 2906 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-5-14b, relating to providing for security of private, employer-sponsored insurance and/or retirement plans”; to the Committee on Banking and Insurance then Finance.

            By Delegates Steele, Miller, Caputo and Maynard:

H. B. 2907 - “A Bill to amend and reenact §62-7-10 of the Code of West Virginia, 1931, as amended; and to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section designated §62-7-10a, all relating to the requiring a form of a certified commitment order to the Division of Corrections and Rehabilitation; requiring a form for commitments to prisons; requiring a form for commitments from magistrate or circuit courts to jails; clarifying the costs of incarceration; and clarifying the method of transmittal of commitment orders”; to the Committee on the Judiciary.

            By Delegates Westfall and Ellington:

H. B. 2908 - “A Bill to amend and reenact §16-3C-2 of the Code of West Virginia, 1931, as amended, relating to HIV testing; and eliminating outdated testing protocols”; to the Committee on Banking and Insurance then Health and Human Resources.

            By Delegate Westfall:

H. B. 2909 - “A Bill to amend and reenact § 33-17A-3 of the Code of West Virginia, 1931, as amended, relating to definition of terms”;   to the Committee on Banking and Insurance then the Judiciary.

            By Delegates Kessinger and Hardy:

H. B. 2910 - “A Bill to amend §3-2-11 and §3-2-12 of the Code of West Virginia, 1931, as amended, all relating to eliminating the automatic voter registration program and requiring Division of Motor Vehicles confirm the citizenship of applicant prior to sending information to Secretary of State”; to the Committee on the Judiciary.

            By Delegates Evans, Wilson, Rodighiero, Hansen, Doyle, Hornbuckle, McGeehan, Bibby, Fleischauer, S. Brown and Zukoff:

H. B. 2911 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-1-1c; to amend and reenact §24-1-2 of said code; and to amend and reenact §24-2-1 of said code, all relating to permitting third party ownership of on-site renewable and alternative generating facilities”;  to the Committee on Energy then the Judiciary.

            By Delegates Campbell, Hornbuckle, Estep-Burton, Lavender-Bowe, Caputo, Boggs, Miller, Pack, Rohrbach, Canestraro and Byrd:

H. B. 2912 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10D-13, relating to requiring the Consolidated Public Retirement Board to increase by one percent, the monthly annuity payment for each retirant under a retirement system it administers, who has been receiving an annuity payment for at least 10 years”; to the Committee on Pensions and Retirement then Finance.

            By Delegates Campbell, Canestraro, Williams, Staggers, Lavender-Bowe, Byrd, Hornbuckle, Estep-Burton and Higginbotham:

H. B. 2913 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-20-11, relating to the selection of language developmental milestones for purposes of developing a resource for use by parents to monitor and track deaf and hard-of-hearing children’s expressive and receptive language acquisition and developmental stages toward English literacy”;  to the Committee on Education.

            By Delegates Miley, Queen, Hamrick, Waxman, Fleischauer, Pethtel, Fluharty and Zukoff:

H. B. 2914 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §39-4-37, relating to establishing commissioners for out-of-state notarizations of documents relating to West Virginia property for recordation in West Virginia; authorizing the Governor to make commissioner appointments; establishing authority and duties of commissioners; requiring financial surety for commissioners; authorization of collection and distribution of fees; providing for seal and oath of office; providing for certification and administration by Secretary of State; and providing for authentication of documents”; to the Committee on the Judiciary then Finance.

Special Calendar

Third Reading

S. B. 324, Relating to Commissioner of Agriculture employees; 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. 89), 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: Byrd and Kump.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 324) passed.

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

On this question, the yeas and nays were taken (Roll No. 90), 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: Byrd and Kump.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 324) takes effect from its passage.

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

Com. Sub. for H. B. 2204, Prohibiting state licensing boards from hiring lobbyists; 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. 91), and there were--yeas 84, nays 14, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: N. Brown, S. Brown, Estep-Burton, Fleischauer, Hansen, Hicks, Lavender-Bowe, Miley, Miller, Pushkin, Robinson, Rowe, Tomblin and Walker.

Absent and Not Voting: Byrd and Kump.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2204) 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. 2479, Corporate Governance Annual Disclosure Act; 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. 92), 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: Byrd and Kump.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2479) 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. 2481, Permitting retail sale of alcoholic beverages on Sundays after 1 p.m.; on third reading, coming up in regular order, was read a third time.

Delegate Phillips requested to be excused from voting on the passage of Com. Sub. for H. B. 2481 under the provisions of House Rule 49.

The Speaker replied that the Delegate was a member of a class of persons possibly to be affected by the passage of the bill and directed the Member to vote.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 93), and there were--yeas 85, nays 13, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Azinger, Butler, Fast, Hanna, Hollen, D. Jeffries, Jennings, C.R. Martin, P. Martin, Pack, Porterfield, Toney and Worrell.

Absent and Not Voting: Byrd and Kump.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2481) passed.

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

On this question, the yeas and nays were taken (Roll No. 94), and there were--yeas 86, nays 12, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Azinger, Butler, Fast, Hollen, D. Jeffries, Jennings, C.R. Martin, P. Martin, Pack, Porterfield, Toney and Worrell.

Absent and Not Voting: Byrd and Kump.

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. 2481) 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. 2608, Repealing the requirement of printing the date a consumer deposit account was opened on paper checks; 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. 95), 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: Byrd and Kump.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2608) 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. 2686, Relating to permitting the Supreme Court of Appeals of West Virginia to create a family drug court pilot 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. 96), 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: Byrd and Kump.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2686) 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 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 amendments on that reading.

S. B. 354, Expiring funds to balance of Auditor's Office - Chief Inspector's Fund; on second reading, coming up in regular order, was read a second time and ordered to third reading.

Com. Sub. for H. B. 2365, Clarifying the definition of an employee for the purposes of unemployment compensation and workers’ compensation; on second reading, coming up in regular order, was, on motion of Delegate Summers, postponed one day.

Com. Sub. for H. B. 2392, Allowing the Alcohol Beverage Control Commissioner to issue special one-day licenses for charitable events; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 2528, Relating to employees of the Commissioner of Agriculture; 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. 2545, Exempting recipients of the distinguished Purple Heart medal from payment of the vehicle registration fee; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 2546, Excluding from tax equipment installed in a motor vehicle for use of a person with a medical necessity; 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. 2554, Relating to transfers and enrollment policies for students in public schools; 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. 2601, Relating to the review and approval of state property leases; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 2696, Creating an additional index system for state-owned lands; 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. 2737, Relating to training of State Tax Division employees; 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. 2740, Barring a parent from inheriting from a child in certain instances; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 2746, Relating to administration of estates; on second reading, coming up in regular order, was read a second time.

            At the request of Delegate Shott, and by unanimous consent, the bill was advanced to third reading with amendments pending, and the rule was suspended to permit the consideration of amendments on that reading.

            H. B. 2759, Providing for the ancillary administration of West Virginia real estate owned by nonresidents by affidavit and without administration; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 2815, Raising the value of goods or chattels that are taken in a larceny to constitute grand larceny; 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:

Com. Sub. for H. B. 2468, Department of Agriculture Capital Improvements Fund,

Com. Sub. for H. B. 2583, Family Planning Access Act,

Com. Sub. for H. B. 2661, Relating to natural gas utilities,

And,

Com. Sub. for H. B. 2809, Relating to prohibited acts and penalties in the Hatfield-McCoy Recreation Area.

Leaves of Absence

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

Miscellaneous Business   

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

            -  Delegate Porterfield during Remarks by Members on Monday, February 4, 2019

            - Delegates S. Brown, Caputo, Doyle, Fleischauer, Fluharty, Hansen, Hornbuckle, Linville, Pyles, Rohrbach, Rowe and Walker

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

- Delegate Porterfield for H. B. 2031, H. B. 2361, H. B. 2617 and H. B. 2621

- Delegate Steele for H. B. 2109

- Delegate Espinosa for H. B. 2617, H. B. 2621 and H. B. 2807

- Delegate Kelly for H. B. 2673

- Delegate Pack for H. B. 2825

- Delegate Longstreth for H. B. 2836

Pursuant to House Rule 94b, Delegate Paynter filed a form with the Clerk’s Office to be removed as a cosponsor of H. B. 2875.

At 12:39 p.m., the House of Delegates adjourned until 11:00 a.m., Friday, February 8, 2019.

 

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