__________*__________
Thursday, February 14, 2019
THIRTY-SEVENTH 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 13, 2019, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
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. 2439, Relating to fire service equipment and training funds for volunteer and part-volunteer fire companies,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2439 - “A Bill to amend and reenact §8-15-8b of the Code of West Virginia, 1931, as amended; to amend and reenact §12-4-14 of said code; to amend said code by adding thereto a new section, designated §12-4-14b; and to amend and reenact §29-3-5f of said code, all relating to fire service equipment and training funds for volunteer and part-volunteer fire companies and departments; authorizing fire departments to file bank statements and check images instead of sworn statements of expenditures; prohibiting the commingling of funds; requiring retention of payment records; defining terms; changing deadline dates; authorizing forfeiture and redistribution of funds of delinquent fire departments; prohibiting the conversion of funds through returns or refunds of goods or services; providing for deductions from quarterly distributions to offset improper expenditures by a fire company or department; clarifying the responsibility for proposing legislative rules; requiring written notifications of delinquencies and misapplications of funds; providing a procedure to contest findings of Legislative Auditor; removing certain criminal penalties; and updating outdated language,”
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. 2958, Authorizing the State Auditor to conduct regular financial examinations or audits of all volunteer fire companies,
And reports the same back with the recommendation that it 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. 2830, Establishing Next Generation 911 services in this state,
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. 2830) was referred to the Committee on Finance.
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. 2542, Permitting directors of county emergency phone systems to obtain mobile-phone emergency lines,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2542 - “A Bill to amend and reenact §24-6-5 of the Code of West Virginia, 1931, as amended, relating to permitting directors of county emergency phone systems to obtain mobile-phone emergency lines and enter into service provider contracts; establishing payment of emergency mobile-phone contracts; and requiring a report,”
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. 2229, Adding violations of law upon which a public servant’s retirement plan may be forfeited,
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. 2229) was referred to the Committee on the Judiciary.
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. 3095, Establishing a minimum monthly retirement annuity for certain retirants,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 3095) was 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. 2595, Establishing the West Virginia Division of Natural Resources Police Officer Retirement System,
And,
H. B. 3070, Relating to the accrued benefit of retirees in the West Virginia State Police Retirement System,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bills (H. B. 2595 and H. B. 3070) were each referred to the Committee on Finance.
Delegate Hanshaw (Mr. Speaker), Chair of the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
H. C. R. 2, Senator J. Frank Deem Memorial Bridge,
H. C. R. 4, Gold Star Families Highway,
Com. Sub. for H. C. R. 7, Kidd Brothers Bridge,
Com. Sub. for H. C. R. 11, U. S. Army Command Sergeant Major Timothy Allen Bolyard Memorial Bridge,
H. C. R. 19, U. S. Marine Sgt. Stephen E. Drummond Memorial Bridge,
H. C. R. 23, U. S. Army SGT Rodney David King and U. S. Army SGT James Harris King Memorial Bridge,
Com. Sub. for H. C. R. 26, George Roush Memorial Bridge,
H. C. R. 43, U. S. Army Air Corps T SGT Ralph H. Ray Bridge,
And,
H. C. R. 44, U. S. Marine Corps PFC Randall Carl Phelps Memorial Bridge,
And reports the same back with the recommendation that they each be adopted.
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. 2947, Relating generally to telemedicine prescription practice requirements and exceptions,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2947 - “A Bill to amend and reenact §30-3-13a of the Code of West Virginia, 1931, as amended; and to amend and reenact §30-14-12d of said code, all relating to telemedicine prescription practice requirements; providing exceptions; allowing for physician submitted Schedule II telemedicine prescriptions for immediate administration in a hospital,”
With the recommendation that the committee substitute do pass, and with the recommendation that second reference to the Committee on the Judiciary be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 2947) to the Committee on the Judiciary was abrogated.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 2446, Blue Alert Plan.
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. 40 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §62-16-1, §62-16-2, §62-16-3, §62-16-4, and §62-16-5, all relating to establishing a Military Service Members Court program within the Supreme Court of Appeals; defining terms; granting authority to the Supreme Court of Appeals to establish a Military Service Members Court program under the oversight of its administrator; providing for no termination of any program until at least six months after written notice of the intent to terminate the program has been provided by the Supreme Court of Appeal Administrator to the Speaker of the House of Delegates and the President of the Senate; providing for funding mechanisms which may include court fees; providing for limitation of liability; setting forth structure of the court; setting forth eligibility requirements for participation; providing for written agreement to participate in the court; setting forth procedure to participate in court; allowing for mental health and drug treatment services for participants; providing for sanctions for violation of provisions of the court; setting forth incentives for successful participation; and setting out disposition on successful completion”; which was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 47 - “A Bill to amend and reenact §11-6A-5a of the Code of West Virginia, 1931, as amended, relating to pollution control facilities tax treatment; clarifying that wind power projects are not pollution control facilities for purposes of this article; and providing that wind power projects be taxed at the real property rate”; which was referred to the Committee on Government Organization then Energy.
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. 153 - “A Bill to amend and reenact §31-15A-10 of the Code of West Virginia, 1931, as amended, relating to the West Virginia Infrastructure and Jobs Development Council; increasing the percentage of the infrastructure fund that may be used for grants; providing authority to transfer additional funds designated to loans on to the grant program under certain circumstances; clarifying how funding assistance may be spent; and increasing the cap on annual spending that may be made on the preapplication process to project sponsors”; which was referred to the Committee on Technology and Infrastructure then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 285 - “A Bill to amend and reenact §19-35-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §19-35-6, all relating to the sale of homemade food items; defining terms; authorizing production and sale of homemade food items under certain circumstances; establishing conditions for exemption from licensure, permitting, inspection, packaging, and labeling laws; providing required notices to consumer; defining manner of providing notices; exempting certain products from the scope of this provision; permitting local health departments to inspect reported foodborne illnesses; authorizing Department of Agriculture to provide assistance, consultation, or inspection at request of producer; providing for preemption by county, local, and municipal ordinances; and providing for exemptions”; which was referred to the Committee on Agriculture and Natural 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
Com. Sub. for S. B. 291 - “A Bill to amend and reenact §5H-1-1, §5H-1-2, and §5H-1-3 of the Code of West Virginia, 1931, as amended, all relating generally to survivor benefits for emergency response providers; changing the name of the West Virginia Fire and EMS Survivor Benefit Act to the West Virginia Emergency Responders Survivor Benefit Act; making Division of Forestry personnel who die as a proximate result of their participation in wildland fire fighting, emergency response, or disaster response operations eligible for survivor benefits; defining terms; making technical changes; and reorganizing language in the act for clarity”; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 296 - “A Bill to amend and reenact §5-10-18 of the Code of West Virginia, 1931, as amended, relating to providing an 11-month window to permit members of the Public Employees Retirement System to purchase credited service that had been previously forfeited”; which was referred to the Committee on Pensions and Retirement then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 345 - “A Bill to amend and reenact §8-15-8b of the Code of West Virginia, 1931, as amended; to amend and reenact §12-4-14 of said code; to amend said code by adding thereto a new section, designated §12-4-14b; and to amend and reenact §29-3-5f of said code, all relating to fire service equipment and training funds for volunteer and part-volunteer fire companies and departments; authorizing fire departments to file bank statements and check images instead of sworn statements of expenditures; prohibiting the commingling of funds; requiring retention of payment records; defining terms; changing deadline dates; authorizing forfeiture and redistribution of funds of delinquent fire departments; prohibiting the conversion of funds through returns or refunds of goods or services; providing for deductions from quarterly distributions to offset improper expenditures by a fire company or department; clarifying the responsibility for proposing legislative rules; requiring written notifications of delinquencies and misapplications of funds; providing a procedure to contest findings of Legislative Auditor; removing certain criminal penalties; and updating outdated language”; which was referred to the Committee on Fire Departments and Emergency Medical Services then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 405 - “A Bill to amend and reenact §11A-3-23, §11A-3-25, §11A-3-36, §11A-3-56, §11A-3-57, and §11A-3-58 of the Code of West Virginia, 1931, as amended, all relating to the sale of tax liens by the State Auditor; increasing the limit to $500 on additional expenses a purchaser may recover in preparing notice list for redemption of purchase and for licensed attorney’s title examination; and requiring any amounts above the surplus of 20 percent of the gross amount of the operating fund be paid to the General School Fund at the end of each fiscal year”; which was referred to the Committee on Government Organization.
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. 461 - “A Bill to amend and reenact §11-21-77 of the Code of West Virginia, 1931, as amended; and to amend and reenact §29-22-15a of said code, all relating generally to lottery prizes; defining terms; extending personal income tax withholding requirements to certain lottery winnings; designating lottery winnings as source of income; specifying gross prize threshold for lottery winner anonymity election; specifying exemption from Freedom of Information Act; specifying treatment of lottery pool members; eliminating fee for anonymity option election; specifying limitations and exceptions to anonymity pursuant to lawful legal process, disclosure to local, state, or federal tax agencies, and agencies lawfully entitled to information; authorizing promulgation of rules; specifying method for determining value of gross prize; and specifying effective date”; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 481 - “A Bill to amend and reenact §3‑10‑3a of the Code of West Virginia, 1931, as amended, relating to the Judicial Vacancy Advisory Commission; altering the in‑state residency requirements for members of the commission; providing that no more than four of its appointed members may be residents of the same congressional district; providing that no more than two of its appointed members may be residents of the same state senatorial district; clarifying that current commission members will not be disqualified from serving for the remainder of their terms based on amendments to in-state residency requirements; and deleting obsolete language”; which was referred to the Committee on the Judiciary.
Resolutions Introduced
Delegates Sponaugle and Hartman offered the following resolution, which was read by its title and referred to the Committee on Technology and Infrastructure then Rules:
H. C. R. 71 - “Requesting the Division of Highways name bridge number 16-48-28.54 EB & WB (16A132, 16A133), locally known as Sauerkraut Run Bridge, carrying U.S. 48 (EB & WB) over County Route 23/9 and Sauerkraut Run in Hardy County, the ‘John and Wilbur Hahn Dutch Hollow Memorial Pioneers Bridge’.”
Whereas, John and Wilbur Hahn, the youngest sons of Lorenza and Amanda Rebecca Michael Hahn, a family of five girls and three boys, went to school at Maple Grove, where they had school only about four months a year. The Hahns traced their ancestry back to the Rhine Valley of Germany and immigrants from there who arrived in the United States sometime in the mid-to-late 1800s; and
Whereas, The Hahns came over from Europe on a boat with members of the Michael family, and branches of both families settled in Dutch Hollow, where they farmed, and, when the demand arose, cut timber in the woods around their homesteads. John and Wilbur carried on that pioneering tradition of farming and pulpwood sawmill from 1939; and
Whereas, The brothers owned and operated a small gasoline-powered sawmill on their farm, with some help from John’s son Mickey, in Dutch Hollow, Hardy County despite the changes brought to the industry by modern technology; and
Whereas, The brothers remained part of a close-knit family, still enjoying Sunday dinners with relatives at the Hahn farmhouse, located near the site of the sawmill; and
Whereas, Naming the bridge on Route 259 (Corridor H) crossing Sauerkraut Road in Dutch Hollow is an appropriate recognition of their family’s pioneering contributions to their state, community and Hardy County; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 16-48-28.54 EB & WB (16A132, 16A133), locally known as Sauerkraut Run Bridge, carrying U. S. 48 (EB & WB) over County Route 23/9 and Sauerkraut Run in Hardy County, the “John and Wilbur Hahn Dutch Hollow Memorial Pioneers 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 “John and Wilbur Hahn Dutch Hollow Pioneers 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, J. Kelly, Harshbarger, Westfall, Jennings and Hollen offered the following resolution, which was read by its title and referred to the Committee on Technology and Infrastructure then Rules:
H. C. R. 72 - “Requesting the Division of Highways name that portion of County Route 14 in Roane, West Virginia, north of Spencer, from its intersection with County Route 9 (Spring Creek Road) to Route 14/12 (Hospital Drive), the ‘U. S. Army PFC Harold Paul Cottle Memorial Highway’.”
Whereas Harold Paul Cottle was born August 2, 1913, in Spencer, West Virginia, the son of Mr. and Mrs. Paul F. Cottle of Spencer; and
Whereas, Harold Paul Cottle graduated from Spencer High School, was a trusted employee of the Hardman Supply Company for over ten years, and attained the rank of Sergeant in the West Virginia State Guard before enlisting in the United States Army in January 1944; and
Whereas, PFC Cottle served as an infantryman with Company G, 179th Infantry, 45th Infantry Division and was killed in action in ground combat on the November 24, 1944, while advancing with his unit against the enemy in northeastern France; and
Whereas, After his death, in addition to the sympathy letter from General Marshall, Felix S. Smolenski, 1st LT, 17th Infantry, Personnel Officer, sent PFC Cottle’s widow a handwritten letter dated December 22, 1944 that reads in its entirety:
“There is little I can say. The War Department will have informed you, by the time you receive this letter, of the very regrettable death of your husband, Harold P. Cottle, Army Serial Number 35778053. He was killed in action in ground combat on the 24th of November 1944, while advancing with his unit against the enemy in northern France.
I realize that words I may say by way of condolences are altogether inadequate to lift the burden of sorrow which must lie heavily upon your heart. It should, however, be a strengthening and consoling thought to contemplate that your husband gave his life on the field of battle that those back home might have a free and better world to live.
A Protestant chaplain conducted services at his grave, and he now rests among his fellow countrymen in a well-cared for American Military Cemetery in Northeastern France.
The Regimental commander asks me to express his sympathy for the loss of your husband and to say his loss has been felt deeply in this Regiment, as he was an excellent soldier and was admired by all who knew him.
I can only assure you that the men of the command will dedicate every effort to achieve ultimate victory, so that the death of your husband may not have been without a solemn purpose.
May God’s divine guidance be with you in this time of tribulation.”; and
Whereas, At his death PFC Cottle was survived by his father, three brothers, wife, two sons and three daughters; and
Whereas, It is fitting that a proper memorial be established for this patriot who volunteered for duty in the United States Army and gave his life in service to his country; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name that portion of County Route 14 in Roane, West Virginia, north of Spencer, from its intersection with County Route 9 (Spring Creek Road) to Route 14/12 (Hospital Drive), the “U. S. Army PFC Harold Paul Cottle Memorial Highway”; and, be it
Further Resolved, That the Commissioner of the Division of Highways is requested to erect signs at both ends of the highway containing bold and prominent letters proclaiming that portion of the highway as the “U. S. Army PFC Harold Paul Cottle 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 the Division of Highways.
Special Calendar
Third Reading
Com. Sub. for S. B. 451, Comprehensive education reform; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, Delegate Kump demanded the previous question, which demand was sustained.
On this question, the yeas and nays were taken (Roll No. 169), and there were--yeas 33, nays 65, absent and not voting 2, with the yeas and absent and not voting being as follows:
Yeas: Atkinson, Azinger, Bibby, Butler, Cadle, Cooper, Criss, Ellington, Fast, Hanna, Higginbotham, Hollen, Hott, Householder, D. Jeffries, J. Jeffries, Jennings, Kump, Malcolm, Mandt, C. Martin, P. Martin, Maynard, Phillips, Porterfield, Rohrbach, Shott, Staggers, Steele, Toney, Waxman, Wilson and Worrell.
Absent and Not Voting: Doyle and C. Thompson.
So, a majority of the members present and voting not having voted in the affirmative, the motion was rejected.
Delegates Summers, Toney, Rowan, Mandt, D. Kelly, Storch, Linville, Dean, Householder, Criss, Espinosa, Azinger, Miller, Walker, Tomblin, Campbell, Zukoff, R. Thompson, Fluharty, Pethtel, Angelucci, Boggs, C. Thompson, Porterfield, Rohrbach and Pack requested to be excused from voting on the passage of Com. Sub. for S. B. 451 under the provisions of House Rule 49.
The Speaker replied that the Delegates were members of a class of persons possibly to be affected by the passage of the bill and directed the Members to vote.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 170), and there were--yeas 71, nays 29, absent and not voting none, with the nays being as follows:
Nays: Angelucci, Bates, Boggs, N. Brown, S. Brown, Butler, Byrd, Canestraro, Caputo, Diserio, Estep-Burton, Evans, Fluharty, Hicks, Hornbuckle, Lovejoy, McGeehan, Paynter, Pushkin, Rodighiero, Rowe, Skaff, Swartzmiller, C. Thompson, R. Thompson, Tomblin, Walker, Williams and Zukoff.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 451) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk.
Delegate Householder then asked and obtained unanimous consent that the title amendment be withdrawn.
Whereupon,
On motion of Delegate Householder, the title of the bill was amended to read as follows:
Com. Sub. for S. B. 451 - “A Bill to amend and reenact §5-16-2 and §5-16-22 of the Code of the West Virginia, 1931, as amended; to amend and reenact §11-8-6f of said code; to amend said code by adding thereto a new section, designated §11-21-25; to amend and reenact §18-5-16, §18-5-16a, §18-5-18b, §18-5-32 and §18-5-46 of said code; to amend and reenact §18-15B-14 of said code; to amend said code by adding thereto a new section, designated section §18-15B-15; to amend said code by adding thereto a new article, designated §18-5G-1, §18-5G-2, §18-5G-3, §18-5G-4, §18-5G-5, §18-5G-6, §18-5G-7, §18-5G-8, §18-5G-11, §18-5G-12, §18-5G-13 and §18-5G-14; to amend and reenact §18-7A-3 of said code; to amend and reenact §18-7B-2 of said code; to amend and reenact §18-8-4 of said code; to amend and reenact §18-9A-2, §18-9A-8, §18-9A-9 and §18-9A-10 of said code; to amend and reenact §18-20-5 of said code; to amend and reenact §18A-2-8 of said code; to amend and reenact §18A-3-6 of said code; to amend and reenact §18A-4-2, §18A-4-5, §18A-4-5a, §18A-4-7a, §18A-4-8a and §18A-4-10 of said code; to amend said code by adding thereto a new section, designated §18A-4-2d; to amend and reenact §18A-5-2 of said code; to amend and reenact §18C-4-1, §18C-4-2, §18C-4-3, §18C-4-4 and §18C-4-5 of said code; to amend and reenact §18C-4A-1, §18C-4A-2 and §18C-4-3 of said code; and to amend and reenact §29-12-5a of said code, all relating generally to comprehensive education reform; permitting a public charter school to participate in the Public Employees Insurance Agency program; expiring tax rollback provisions; fixing regular levy rates of county boards of education and allowing increase of regular levy rates to the statutory maximum subject to voter approval at general election; establishing an educational expense tax credit; requiring county boards to establish attendance zones; addressing the transfer and enrollment policies for students in public schools; establishing open enrollment policy that may be adopted by county boards; applicability of eligibility requirements for participation in extracurricular activities established by the Secondary Schools Activities Commission; increasing the percentage of time school counselors must spend in direct counseling; removing provisions as to period of employment for certain employees in county board central offices; including teacher recommendations in the considerations for student promotion; allowing funding for magnet schools; creating and funding a new Innovation Zone Fund to provide grants and other financial assistance to innovation zone designated schools; authorizing the establishment of pilot program for two public charter schools and limitations; providing legislative purpose and intent; defining terms; establishing requirements and powers for public charter schools; providing for the creation of governing boards; setting requirements for enrollment in public charter schools and recruitment and retention plans; creating process and requirements for application to establish public charter schools; providing duties and responsibilities for authorizers; establishing requirements for public charter school contracts and process for renewal, nonrenewal, and revocation of contracts, including required rules by State Board of Education; conduct prohibited of public charter schools; establishing funding for public charter school enrollment; allowing public charter schools access to public facilities; establishing reporting requirements; establishing charter school employee eligibility for the State Teachers Retirement System and the Teachers’ Defined Contribution Retirement System; modifying provisions for addressing unexcused absences of student; defining law enforcement personnel; expanding social and emotional support services provided to students; expanding the definition of ‘professional student support personnel’; increasing the basic foundation allowance for professional student support personnel; increasing maximum enrollment allowed for Advance Career Education programs and requiring programs meet certain performance standards; providing that counties with less than 1,400 in net enrollment shall be considered to have 1,400 in net enrollment for the purposes of determining the county’s basic foundation program; modifying definition of ‘levies for general current expense purposes’; establishing school aid formula allowance for professional student support personnel at 4.70 positions per 1,000 students in net enrollment; establishing allowance to provide one law enforcement officer for each school in county; authorizing reimbursements of law enforcement agencies; increasing the county allowance for current expenses to 71.25 percent of the county’s state average costs per square footage per student for operations and maintenance amount; providing additional allowance from increases in local share amounts to county boards; removing language relating to school improvement bonds and projects funding by the School Building Authority in accordance with comprehensive educational facility plan; providing appropriation disbursed to the public charter schools to serve needs of exceptional children; allowing the suspension or dismissal of school personnel by a county board upon a finding of abuse by the Department of Health and Human Resources or a misdemeanor with a rational nexus between the conduct and performance of the employee’s job; imposing duty and authority to provide safe and secure environment and to take necessary step to ensure; increasing salaries for teachers; granting additional experiences for purposes of pay scale to math teachers meeting specified requirements; providing additional pay for certain teachers providing math instruction who complete specialized course; modifying salary equity provisions; enhancing counties’ ability to provide additional compensation to teachers; modifying factors for county board decisions, transfers, reassignments, reductions in the number of professional personnel, reductions in classroom teaching positions, and reductions in the workforce; establishment of seniority; establishing priority of criteria; requiring county board policy as to qualifications; revising requirements for notification and availability of lists; increasing compensation for service personnel; providing for accrual of personal leave at the end of each pay period; providing bonus for four or less absences; providing for holidays and school closings; modifying certain student financial aid resources available to students pursuing public school teaching careers; abolishing the Underwood-Smith Teacher Loan Assistance Program; renaming the Underwood-Smith Teacher Scholarship and Loan Assistance Fund as the Underwood-Smith Teaching Scholars Program Fund; modifying program purpose to target certain academic disciplines and emphasize the academic distinction of award recipients; modifying award eligibility, renewal, and service agreement criteria to reflect modified program purpose; requiring certain mentoring services be provided to award recipients; preserving eligibility and service agreement criteria for current award recipients; preserving current law provisions for eligibility for future awards to those who pursue a teaching career in field of music education; modifying the amount of an award and limiting tuition and fee charges for program recipients; providing for public charter school coverage by the Board of Risk and Insurance Management; and requiring annual written notice of BRIM insurance coverages by county boards to employee insureds.”
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. 2173, Allowing state and federal law-enforcement officers to testify as to the contents and evidence of a wiretap or electronic surveillance; on third reading, coming up in regular order, was, on motion of Delegate Summers, laid upon the table.
Com. Sub. for H. B. 2338, Allowing the owner of an antique military vehicle to display alternate registration insignia; 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. 171), and there were--yeas 98, nays 1, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Steele.
Absent and Not Voting: J. Kelly.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2338) 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. 2359, Relating to exemptions to the commercial driver’s license requirements; 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. 172), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent and Not Voting: J. Kelly.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2359) 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. 2673, Creating the Oil and Gas Abandoned Well Plugging Fund; on third reading, coming up in regular order, was read a third time.
Delegates Harshbarger, Capito, and C. Thompson requested to be excused from voting on the passage of Com. Sub. for H. B. 2673 under the provisions of House Rule 49.
The Speaker replied that the Delegates were members of a class of persons possibly to be affected by the passage of the bill and directed the Members to vote.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 173), and there were--yeas 89, nays 11, absent and not voting none, with the nays being as follows:
Nays: S. Brown, Doyle, Estep-Burton, Fleischauer, Fluharty, Hansen, Lavender-Bowe, Pushkin, Rowe, Walker and Williams.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2673) 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. 2709, Relating to hunting licenses; 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. 174), and there were--yeas 100, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2709) 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. 2715, Relating to Class Q special hunting permit for disabled persons; on third reading, coming up in regular order, was reported by the Clerk.
Delegate Capito asked and obtained unanimous consent to amend the bill on third reading, and the rule was suspended to permit the offering and consideration of such.
Delegate Porterfield requested to be excused from voting on Com. Sub. for H. B. 2715 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.
On motion of Delegate Capito, the bill was amended, on page two, line twenty, by striking out the word “or” before the word “advanced” and adding the word “or” after the word “nurse”.
Having been engrossed, the bill was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 175), and there were--yeas 100, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2715) passed.
On motion of Delegate Shott, the title of the bill was amended to read as follows:
Com. Sub. for H. B. 2715 - “A Bill to amend and reenact §20-2-46e of the Code of West Virginia, 1931, as amended, relating to Class Q special hunting permit for disabled persons; expanding the conditions of permanent disability for which an individual can obtain a Class Q permit; and providing that physician assistants, advanced practice registered nurses, and chiropractic physicians may certify Class Q permit applications.”
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 2739, Relating to contributions on behalf of employees to a retirement plan administered by the Consolidated Public Retirement Board; 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. 176), and there were--yeas 100, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2739) 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. 2743, Eliminating reference to municipal policemen’s pension and relief funds and firemen’s pension and relief funds in section restricting investment; 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. 177), and there were--yeas 100, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2743) 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. 2761, Modernizing the self-service storage lien law; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 178), and there were--yeas 88, nays 12, absent and not voting none, with the nays being as follows:
Nays: S. Brown, Diserio, Fleischauer, Fluharty, J. Jeffries, Miller, Paynter, Pushkin, Pyles, Robinson, Rowe and Walker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2761) passed.
Delegate Summers moved that the bill take effect July 1, 2019.
On this question, the yeas and nays were taken (Roll No. 179), and there were--yeas 96, nays 4, absent and not voting none, with the nays being as follows:
Nays: Howell, P. Martin, Paynter and Pyles.
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. 2761) takes effect July 1, 2019.
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. 2793, Expanding applicability of educational facilities for the West Virginia College Prepaid Tuition and Savings Program; on third reading, coming up in regular order, was read a third time.
Delegates Cowles, Pack and D. Jeffries requested to be excused from voting on the passage of Com. Sub. for H. B. 2793 under the provisions of House Rule 49.
The Speaker replied that the Delegates were members of a class of persons possibly to be affected by the passage of the bill and directed the Members to vote.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 180), and there were--yeas 100, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2793) 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. 2821, Updating provisions for command, clerical and other pay; 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. 181), and there were--yeas 98, nays 2, absent and not voting none, with the nays being as follows:
Nays: McGeehan and Wilson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2821) 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. 2848, Relating to the West Virginia ABLE 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. 182), and there were--yeas 100, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2848) 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. 2992, Relating to governmental websites; on third reading, coming up in regular order, was, on motion of Delegate Summers, postponed one day.
Second Reading
S. B. 377, Relating to minimum wage and maximum hour standards; on second reading, coming up in regular order, was reported by the Clerk.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk on page one, immediately following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:
“ARTICLE 5C. MINIMUM WAGE AND MAXIMUM HOURS STANDARDS FOR EMPLOYEES.
§21-5C-1. Definitions.
As used in this article:
(a) ‘Commissioner’ means the Commissioner of Labor or his or her duly authorized representatives.
(b) ‘Wage and hour director’ means the wage and hour director appointed by the Commissioner of Labor as Chief of the Wage and Hour Division.
(c) ‘Wage’ means compensation due an employee by reason of his or her employment.
(d) ‘Employ’ means to hire or permit to work.
(e) ‘Employer’ includes the State of West Virginia, its agencies, departments, and all its political subdivisions, any individual, partnership, association, public or private corporation, or any person or group of persons acting directly or indirectly in the interest of any employer in relation to an employee; and who employs during any calendar week six or more employees as herein defined in any one separate, distinct, and permanent location or business establishment: Provided, That prior to January 1, 2015, the term “employer” does not include any individual, partnership, association, corporation, person or group of persons, or similar unit if 80 percent of the persons employed by him or her are subject to any federal act relating to minimum wage, maximum hours, and overtime compensation: Provided, however, That after December 31, 2014, for the purposes of §21-5C-3 of this code, the term “employer” does not include any individual, partnership, association, corporation, person or group of persons, or similar unit if 80 percent of the persons employed by him or her are subject to any federal act relating to maximum hours and overtime compensation.
(f) ‘Employee’ includes any
individual employed by an employer but shall not include: (1) Any individual
employed by the United States; (2) any individual engaged in the activities of
an educational, charitable, religious, fraternal, or nonprofit organization
where the employer-employee relationship does not in fact exist, or where the
services rendered to such organizations are on a voluntary basis; (3) newsboys,
shoeshine boys, golf caddies, pinboys, and pin chasers in bowling lanes; (4)
traveling salesmen and outside salesmen; (5) services performed by an
individual in the employ of his or her parent, son, daughter, or spouse; (6)
any individual employed in a bona fide professional, executive, or
administrative capacity; (7) any person whose employment is for the purpose of
on-the-job training; (8) any person having a physical or mental handicap so
severe as to prevent his or her employment or employment training in any
training or employment facility other than a nonprofit sheltered workshop; (9)
any individual employed in a boys or girls summer camp; (10) any person 62
years of age or over who receives old-age or survivors benefits from the Social
Security Administration; (11) any individual employed in agriculture as the
word ‘agriculture’ is defined in the Fair Labor Standards Act of 1938, as
amended; (12) any individual employed as a firefighter by the state or agency
thereof; (13) ushers in theaters; (14) any individual employed on a part-time
basis who is a student in any recognized school or college; (15) any individual
employed by a local or interurban motorbus carrier; (16) so far as the maximum
hours and overtime compensation provisions of this article are concerned, any
salesman, parts man, or mechanic primarily engaged in selling or servicing
automobiles, trailers, trucks, farm implements, or aircraft if employed
by a nonmanufacturing establishment primarily engaged in the business of
selling such vehicles to ultimate purchasers; (17) any employee with respect to
whom the United States Department of Transportation has statutory authority to
establish qualifications and maximum hours of service; (18) any person employed
on a per diem basis by the Senate, the House of Delegates, or the Joint
Committee on Government and Finance of the Legislature of West Virginia, other
employees of the Senate or House of Delegates designated by the presiding
officer thereof, and additional employees of the Joint Committee on Government
and Finance designated by such joint committee; or (19) any person
employed as a seasonal employee of a commercial whitewater outfitter where the
seasonal employee works less than seven months in any one calendar year and, in
such case, only for the limited purpose of exempting the seasonal employee from
the maximum wage hours provisions of §21-5C-3 of this code; or
(20) any person employed as a seasonal employee of an amusement park where the
seasonal employee works less than seven months in any one calendar year and, in
such case, only for the limited purpose of exempting the seasonal employee from
the maximum hours provisions of §21-5C-3 of this code.
(g) ‘Workweek’ means a regularly recurring period of 168 hours in the form of seven consecutive 24-hour periods, need not coincide with the calendar week, and may begin any day of the calendar week and any hour of the day.
(h) ‘Hours worked’ means
the hours for which an employee is employed: Provided, That in
determining hours worked for the purposes of §21-5C-2 and §21-5C-3 of this
code, there shall be excluded any time spent in changing clothes or washing at
the beginning or end of each workday, time spent in walking, riding, or
traveling to and from the actual place of performance of the principal activity
or activities which such the employee is employed to perform and
activities which are preliminary to or postliminary to said the
principal activity or activities, subject to such exceptions as the
commissioner may by rules and regulations define.
(i) ‘Amusement park’ means any person or organization which holds a permit for the operation of an amusement ride or amusement attraction under §21-10-1 et seq. of this code.”
Delegate Lovejoy moved to amend the Judiciary Committee amendment on page two, section one, lines twenty-nine, thirty and thirty-one, by striking out “(8) any person having a physical or mental handicap so severe as to prevent his or her employment or employment training in any training or employment facility other than a nonprofit sheltered workshop”.
On motion of Delegate Jennings, the bill was then postponed one day.
H. B. 2472, Providing a special license plate for pollinators; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Technology and Infrastructure, was reported by the Clerk and adopted, amending the bill on page thirty, section fourteen, line seven hundred forty-eight, by striking subdivision (60) and inserting in lieu thereof the following:
“(60) The commissioner may issue special beekeeper pollinator plates as follows:
(A) Upon appropriate application, the division shall issue a special registration plate displaying a pollinator species or advocating its protection as prescribed and designated by the commissioner.
(B) The division shall charge a special initial application fee of $10 for each special pollinator registration plate in addition to all other fees required by law. This special fee shall be collected by the division and deposited in the State Road Fund.
(C) The division shall charge an annual fee of $15 for each special registration plate in addition to all other fees required by this chapter.”
The bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 2538, Providing banking services for medical cannabis; 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. 2579, Relating to the collection of tax and the priority of distribution of an estate or property in receivership; 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. 2618, Including undue influence as a factor in the definition of financial exploitation of an elderly person or protected person; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 2716, Relating to motorboat lighting and equipment requirements; on second reading, coming up in regular order, was read a second time.
On motion of Delegate Pack, the bill was amended on page four, section thirteen, line seventy-one, by striking out the word “Motorboats” and inserting in lieu thereof the word “Vessels”.
And,
On page four, section thirteen, line seventy-five, by striking out the word “Motorboats” and inserting in lieu thereof the word “Vessels”.
The bill was then ordered to engrossment and third reading.
H. B. 2846, Designating a “Back the Blue” plate in support of law-enforcement personnel; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for H. B. 2768, Reducing the use of certain prescription drugs,
Com. Sub. for H. B. 2834, Updating and modernizing the minimum spacing provisions for the drilling of horizontal deep wells,
And,
Com. Sub. for H. B. 2849, Establishing different classes of pharmacy technicians.
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 Barrett regarding the superintendent of Berkeley County Schools on yesterday
- Delegates Diserio and Evans during Remarks by Members
- Delegates Cowles and Wilson regarding amendment #13 offered by Delegate Wilson on yesterday
Pursuant to House Rule 94b, Members filed forms with the Clerk’s Office to be added as a cosponsor of the following:
- Delegate Hanshaw (Mr. Speaker) for H. B. 2941
- Delegate C. Thompson for H. B. 2994, H. B. 3006, H. B. 3013, H. B. 3026 and H. B. 3030
- Delegate S. Brown for H. B. 3009
- Delegate Phillips for H. C. R. 61
Pursuant to House Rule 94b, forms were filed with the Clerk’s Office to be removed as a cosponsor of the following:
- Delegate Nelson for H. B. 2475, H. B. 2558, H. B. 2566, H. B. 2762, H. B. 2764 and H. B. 3060
At 2:30 p.m., the House of Delegates adjourned until 11:00 a.m., Friday, February 15, 2019.
Webmaster | © 2024 West Virginia Legislature **
