House Daily Journal

____________________

Thursday, January 23, 2020

SIXTEENTH 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, January 22, 2020, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

Delegate Fast, Chair of the Committee on Industry and Labor, submitted the following report, which was received:

Your Committee on Industry and Labor has had under consideration:

H. B. 4358, Relating to the licensing of electricians,

And,

H. B. 4360, Exempting certain persons from heating, ventilating, and cooling system licensing requirements,

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 Government Organization.

In accordance with the former direction of the Speaker, the bills (H. B. 4358 and H. B. 4360) were each referred to the Committee on Government Organization.

Delegate Butler, Chair of the Committee on Technology and Infrastructure, submitted the following report, which was received:

Your Committee on Technology and Infrastructure has had under consideration:

H. B. 4295, Division of Highways, use of state road rights of way and adjacent areas,

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. 4295) was referred to the Committee on the Judiciary.

Delegate Butler, Chair of the Committee on Technology and Infrastructure, submitted the following report, which was received:

Your Committee on Technology and Infrastructure has had under consideration:

H. B. 2338, Allowing the owner of an antique military vehicle to display alternate registration insignia,

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 Government Organization.

In accordance with the former direction of the Speaker, the bill (H. B. 2338) was referred to the Committee on Government Organization.

Delegate Butler, Chair of the Committee on Technology and Infrastructure, submitted the following report, which was received:

Your Committee on Technology and Infrastructure has had under consideration:

H. B. 4296, Division of Highways, small wireless facilities on Division of Highways rights-of-way,

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. 4296) was referred to the Committee on the Judiciary.

Delegate Queen, Chair of the Committee on Small Business Entrepreneurship and Economic Development, submitted the following report, which was received:

Your Committee on Small Business Entrepreneurship and Economic Development has had under consideration:

H. B. 2478, Modifying the Fair Trade Practices Act,

And,

H. B. 4267, Department of Commerce, small business innovation research and small business technology transfer matching funds program,

And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.

In accordance with the former direction of the Speaker, the bills (H. B. 2478 and H. B. 4267) were each referred to the Committee on the Judiciary.

On motion for leave, a bill was introduced (Originating in the Committee on Education and reported with the recommendation that it do pass), which was read by its title, as follows:

By Delegates Ellington and Higginbotham:

H. B. 4480 - “A Bill to amend and reenact § 18B-17-2 and § 18B-17-3 of the Code of West Virginia, 1931, as amended, all relating to authorizing and repealing legislative rules regarding higher education; authorizing legislative rules for the Higher Education Policy Commission regarding the Higher Education Accountability System and the Underwood-Smith Teaching Scholars Program and Teacher Education Loan Repayment Program; repealing the Higher Education Policy Commission’s rule regarding the Accountability System; and authorizing a legislative rule for the Council for Community and Technical College Education regarding the West Virginia Invests Grant Program."

Delegate Ellington, Chair of the Committee on Education, submitted the following report, which was received:

Your Committee on Education has had under consideration:

H. B. 4089, Requiring cursive writing to be taught,

And,

H. B. 4365, Granting of college credit hours for learning English as a second language,

And reports the same back with the recommendation that they each do pass.

Delegate Ellington, Chair of the Committee on Education, submitted the following report, which was received:

Your Committee on Education has had under consideration:

H. B. 4143, Creating the Business PROMISE+ Scholarship,

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. 4143) was referred to the Committee on Finance.

Delegate Shott, Chair of the Committee on the Judiciary, submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration:

H. B. 2497, Relating to the whistle-blower law,

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

Com. Sub. for H. B. 2497 - “A Bill to amend and reenact §6C-1-3, §6C-1-4, and §6C-1-7 of the Code of West Virginia, 1931, as amended, all relating to the whistle-blower law; protecting promotion or increase in compensation; lengthening the statute of limitations; allowing the use of grievance procedure; protecting use of other right or legal action; and protecting rights related to political activity and membership in employee organizations,”

With the recommendation that the committee substitute do pass.

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

S. B. 307 - “A Bill to amend and reenact §11A-3-23 of the Code of West Virginia, 1931, as amended, relating to correcting a citation to code”; 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. 322 - “A Bill to amend and reenact §5A-3-10e of the Code of West Virginia, 1931, as amended, relating to prequalification of vendors for state contracts; allowing for prequalification agreements for the purchase of services; and removing obsolete terms”; which was referred to the Committee on Government Organization.

A message from the Senate, by

The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on the Judiciary:

S. C. R. 4 - “Applying to and urging Congress to call a convention of the states, under the authority reserved to the states in Article V of the United States Constitution, limited to proposing amendments to the Constitution of the United States to limit the terms of office that a person may be elected as a member of the United States House of Representatives, and to set a limit on the number of terms that a person may be elected as a member of the United States Senate.”

Whereas, The Legislature of West Virginia hereby makes an application to Congress, as provided by Article V of the Constitution of the United States, to call a convention limited to proposing an amendment to the Constitution of the United States to set a limit on the number of terms that a person may be elected as a member of the United States House of Representatives, and to set a limit on the number of terms that a person may be elected as a member of the United States Senate; and

Whereas, This application shall be considered as covering the same subject matter as the applications from other states to Congress to call a convention to set a limit on the number of terms that a person may be elected to the House of Representatives of the Congress of the United States and the Senate of the United States; and this application shall be aggregated with same for the purpose of attaining the two thirds of states necessary to require Congress to call a limited convention on this subject, but shall not be aggregated with any other applications on any other subject; and

Whereas, This application constitutes a continuing application in accordance with Article V of the Constitution of the United States until the legislatures of at least two thirds of the several states have made applications on the same subject; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby urges Congress to call a convention of the states, under the authority reserved to the states in Article V of the United States Constitution, limited to proposing amendments to the Constitution of the United States to call a convention limited to proposing an amendment to the Constitution of the United States of America to set a limit on the number of terms that a person may be elected as a member of the United States House of Representatives or as a member of the United States Senate; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward copies of this resolution to the President and Secretary of the Senate of the United States and to the Speaker, Clerk, and Judiciary Committee Chairman of the House of Representatives of the Congress of the United States, and copies to the members of the said Senate and House of Representatives from this state; also to forward copies thereof to the presiding officers of each of the legislative houses in the several states, requesting their cooperation.

Resolutions Introduced

Delegates Linville, Anderson, Atkinson, Azinger, Barnhart, Bartlett, Bates, Butler, Byrd, Cadle, Campbell, Canestraro, Capito, Cooper, Criss, Dean, Ellington, Estep-Burton, Fast, Fleischauer, Fluharty, Foster, Hanna, Hansen, Higginbotham, Hill, Hornbuckle, Hott, Householder, Howell, D. Jeffries, J. Jeffries, Jennings, D. Kelly, J. Kelly, Kessinger, Kump, Lavender-Bowe, Little, Longstreth, Lovejoy, Mandt, C. Martin, P. Martin, Miller, Nelson, Pack, Phillips, Pushkin, Queen, Robinson, Rowan, Shott, Skaff, Storch, Swartzmiller, Sypolt, R. Thompson, Toney, Walker, Waxman, Westfall, Wilson and Worrell offered the following resolution, which was read by its title and referred to the Committee on Veterans’ Affairs and Homeland Security then Rules:

H. R. 7 - “Requesting the President of the United States to designate a single state funeral to be held upon the death of the last living Medal of Honor recipient from World War II.”

Whereas, Only 473 Americans were awarded the Congressional Medal of Honor, the nation’s highest decoration of valor during World War II, and today only two of those Americans remain alive; and

Whereas, The time is approaching for a final salute to the Medal of Honor recipients from World War II; and

Whereas, A single state funeral to be held upon the death of the last living Medal of Honor recipient from World War II would be the perfect vehicle to do so, and it would also provide national recognition to honor all 16 million soldiers, sailors and airmen who served in our armed forces from 1941 to 1945; and

Whereas, General Douglas MacArthur, Supreme Allied Commander of the Pacific, and General Dwight Eisenhower, Supreme Allied Commander of Europe, were each honored by the nation with state funerals; and

Whereas, The selfless, brave men and women who served under them deserve the honor of special recognition at a state funeral to be held upon the death of the last living Medal of Honor recipient from World War II; therefore, be it

Resolved by the House of Delegates:

That the West Virginia House of Delegates hereby requests the President of the United States to designate a single state funeral to be held upon the death of the last living Medal of Honor recipient from World War II; and, be it

Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the President of the United States.

Delegates Robinson, Pushkin, Byrd, Nelson, D. Jeffries, Graves, Bartlett, Estep-Burton and Skaff offered the following resolution, which was read by its title and referred to the Committee on Technology and Infrastructure then Rules:

H. C. R. 28 - “Requesting the Division of Highways name Bridge Number 20-114-2.91 (20A824), locally known as Elk Two Mile Bridge, carrying WV 114 over the Elk Two Mile Creek in Kanawha County, near Capital High School, the ‘U.S.M.C. Cpl Andrew Ryan White Memorial Bridge’,”

Whereas, Andrew Ryan White was born in Charleston, West Virginia, January 1, 1985, and grew up in Cross Lanes, West Virginia. He attended Point Harmony Elementary School, Andrew Jackson Middle School, and Nitro High School; and

Whereas, In 2003, Andrew R. White graduated from Capital High School where he held leadership positions in the Army JROTC battalion. He was a member of the color guard and won a national award for his drill team. The school’s JROTC room is named for him; and;

Whereas, While at Capital, Andrew R. White was an honor student and member of the National Honor Society. During his tenth-grade year Andrew was a member of the baseball team; and

Whereas, Andrew R. White was a member of the Boy Scouts of America, Troop 77 in Cross Lanes, West Virginia. He served as senior Patrol Leader, helping younger scouts to earn merit badges and rank advancement. He spent several summers serving as a counselor at Buckskin Scout Reservation and earned the rank of Eagle Scout; and

Whereas, Andrew R. White earned the respect of the scout leaders in Buckskin Council. After his death, these scout leaders purchased a memorial bronze plaque that was placed in the camp chapel; and

Whereas, In 2005, Cpl Andrew R. White served with the Unites States Marine Corps 4th Combat Engineer Battalion in Iraq, earning several medals for meritorious service. Upon his return home from deployment he was treated for posttraumatic stress disorder (PTSD); and

Whereas, On February 12, 2008, Cpl Andrew R. White died from medications prescribed for his PTSD; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name Bridge Number 20-114-2.91 (20A824), locally known as Elk Two Mile Bridge, carrying WV 114 over the Elk Two Mile Creek in Kanawha County, near Capital High School, the ‘U.S.M.C. Cpl Andrew Ryan White Memorial Bridge’; and, be it

Further Resolved, That the Division of Highways is hereby requested to erect signs containing bold and prominent letters at both ends identifying the portion of road as the ‘U.S.M.C. Cpl Andrew Ryan White Memorial Bridge’; and, be it

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

Delegates Miller, Maynard, Tomblin and Rodighiero offered the following resolution, which was read by its title and referred to the Committee on Technology and Infrastructure then Rules:

H. C. R. 29 - “Requesting the Division of Highways name a portion of West Virginia Route 17, Spruce River Road, near Ramage, Boone County, WV, beginning at point (37.9856’ N) (-81.8223W), at the intersection of Secondary Rt. 20, Six Mile Road and West Virginia Route 17, traveling south and ending at point (37.9794N) (-81.8079W) at the intersection with Bias Branch Rd., Secondary Rt. 119/5, traveling approximately 1.1 miles in Boone County, the ‘U. S. Army SSG/TEC 5 Fred E. Duty Memorial Highway’.”

Whereas, Fred E. Duty was born November 4, 1922, in Ramage, Boone County, West Virginia, the only son to Hugh and Mary Bell Duty having two sisters, Nancy and Joyce. Fred grew up in Boone County, where he also found the love of his life and married Doris Burton Duty. Fred E. Duty graduated from Scott High School in Boone County, West Virginia, and attended Morris Harvey College in Charleston, West Virginia; and

Whereas, Fred E. Duty was inducted into the U.S. Army on January 5, 1943, and received basic combat training, US Army 12-week ordinance school and 41C20 fire control artillery repairman training. SSG Fred E. Duty was a member of the HQ Co 1134^th Engineers as a light truck driver for combat engineers and served in battles in Northern France, Ardennes, Rhineland and Central Europe and was wounded in battle In Germany on March 27, 1945. He was awarded the Purple Heart, American Theater Service Ribbon, European Theater Service Ribbon, African Theater Service Ribbon, Middle Eastern Theater Service Ribbon, World War II Victory Medal and Good Conduct Medal; and

Whereas, Except for his time serving his country in the military, he lived in Madison his entire life, attended vocational school and became an electrician leading to his employment as an electrician for 34 years in the coal mines of Armco Steel where he was a member of the United Mine Workers of America. Fred E. Duty was a loyal and faithful member of the Madison United Methodist Church where he served as a lay speaker, showing his faith and leading by example and could regularly be seen quietly performing work for and supporting members of his community in various public service programs both organized and on his own merits. Fred E. Duty became a dedicated and long serving member of Veterans of Foreign Wars Post 5578 in Madison, West Virginia, where he could always be seen serving his community with the many activities of the VFW and performing the final rites to fallen comrades at their gravesides on a regular basis until leaving this world for his heavenly home on August 19, 2019, having served his fellow citizens for over 96 years; and

Whereas, Naming the section of roadway of West Virginia Route 17, Spruce River Road, near Ramage, Boone County, West Virginia, is an appropriate recognition of his contributions to his country, state, community and Boone County; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name a portion of West Virginia Route 17, Spruce River Road, near Ramage, Boone County, West Virginia, beginning at point (37.9856’ N) (-81.8223W), at the intersection of Secondary Rt. 20, Six Mile Road and West Virginia Route 17, traveling south and ending at point (37.9794N) (-81.8079W) at the intersection with Bias Branch Rd., Secondary Rt 119/5, traveling approximately 1.1 miles in Boone County, the ‘U. S. Army SSG/TEC 5 Fred E. Duty Memorial Highway’; and, be it

Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the roadway as the ‘‘U. S. Army SSG/TEC 5 Fred E. Duty Memorial Highway’; and, be it

Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation.

And,

Delegates Robinson, Hill and Boggs offered the following resolution, which was read by its title and referred to the Committee on Technology and Infrastructure then Rules:

H. C. R. 30 - “Requesting the Division of Highways name bridge number: 34-19-29.10 NB & SB (34A095, 34A096), (38.50057, -80.75533) locally known as Birch River Interchange Bridges, carrying U.S. 19 over Birch River in Nicholas county, the ‘U. S. Army Corporal C. O. “Skip” Johnson Memorial Bridge’.”

Whereas, C. O. Johnson, Jr., better known as Skip Johnson, was born October 23, 1929, at Herold, Braxton County, West Virginia; and

Whereas, Skip Johnson, Jr. wrote the Water and Woods column for the Charleston Gazette for over 30 years, and upon his retirement authored several books, including “River on the Rocks”, a history of Birch River in Nicholas County; and

Whereas, Skip Johnson served in the U. S. Army in Korea on a mortar platoon as a forward observe in 1951 to 1952; and

Whereas, Skip Johnson died February 20, 2011; and

Whereas, It is fitting that an enduring memorial be established to commemorate Corporal C. O. ‘Skip’ Johnson, Jr. and his contributions to our state and country; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name bridge number : 34-19-29.10 NB & SB (34A095, 34A096), (38.50057, -80.75533) locally known as Birch River Interchange Bridges, carrying U.S. 19 over Birch River in Nicholas County, the “U. S. Army Corporal C. O. ‘Skip’ Johnson Memorial Bridge”; and, be it

Further Resolved, That the Division of Highways is hereby requested to erect signs containing bold and prominent letters identifying the bridge as the “U. S. Army Corporal C. O. ‘Skip’ Johnson Memorial Bridge”; and, be it

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

Motions

Delegate Bates moved, under the provisions of House Rule 82, to discharge H. B. 2331, Relating to legalizing cannabis production, sales and adult consumption, from the Committee on Health and Human Resources.

Delegate Summers moved that the motion to discharge be laid upon the table.

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. 30), and there were—yeas 54, nays 41, absent and not voting 5, with the nays and absent and not voting being as follows:

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

Absent and Not Voting: Kessinger, Rohrbach, Shott, Sponaugle and Wilson.

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

Bills Introduced

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

By Delegate Rohrbach:

H. B. 4481 - “A Bill to amend and reenact §16-30-3 and §16-30-4 of the Code of West Virginia, 1931, as amended, all relating to health care decisions; definitions, including redefining the definition of ‘Life-prolonging intervention’; forms of a living will or medical power of attorney or combined medical power of attorney and living will and specific provisions; and interpretation and application of provisions upon the effective date of enactment”; to the Committee on the Judiciary.

By Delegates J. Jeffries, Hardy, Cadle, Kump, Butler, McGeehan, Wilson and Paynter:

H. B. 4482 - “A Bill to repeal §15-1F-7 of the Code of West Virginia, 1931, as amended, relating to unlawful military organizations”; to the Committee on Veterans’ Affairs and Homeland Security then the Judiciary.

By Delegates Bates and Pack:

H. B. 4483 - “A Bill to repeal §18B-10-7b of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §12-4-14c; and to amend said code by adding thereto a new article, designated §18C-7a-1, §18C-7a-2, §18C-7a-3, §18C-7a-4, and §18C-7A-5, all relating to establishing a higher education scholarship program for foster children; directing a portion of the proceeds of any opioid settlement award to be placed in a special account to be administered by the State Auditor for award money to be placed in a special account, with excess subject to appropriation of the Legislature, after assuring sufficient moneys are available to fund the scholarship program; authorizing the State Auditor to promulgate necessary rules; repealing a section of the code providing tuition waivers for foster children; requiring reports on needed funds to fully fund scholarship program by the Higher Education Policy Commission; providing for title, findings and purpose of the act; granting powers and duties to the Higher Education Policy Commission including rulemaking to administer the program; providing conditions and terms of scholarship program; and providing a special revenue account to be administered by the commission to pay for scholarships”; to the Committee on Education then Finance.

By Delegates Anderson, J. Kelly, Hansen, Miley, Evans, Pethtel, Westfall, Azinger and Cadle:

H. B. 4484 - “A Bill to amend and reenact §22-18-22 of the Code of West Virginia, 1931, as amended, relating to the Hazardous Waste Management Fund; permitting the annual certification fee for facilities that manage hazardous waste that is set to expire June 30, 2020 to continue until June 30, 2025”; to the Committee on Energy.

By Delegates Hanshaw (Mr. Speaker) and Miley