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Day 01 (01-08-2020) - [PDF]

____________________

 

Friday, January 31, 2020

TWENTY-FOURTH 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 Thursday, January 30, 2020, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Reordering of the Calendar

Pursuant to the action of the Committee on Rules, Delegate Summers announced that Com. Sub. for H. B. 4059 and Com. Sub. for H. B. 4198, on Second Reading, Special Calendar, had been transferred to the House Calendar.

Committee Reports

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. 4546, Relating to tuberculosis testing for school superintendents,

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 Health and Human Resources.

In accordance with the former direction of the Speaker, the bill (H. B. 4546) was referred to the Committee on Health and Human Resources.

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. 4378, Relating to disciplining teachers,

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

Com. Sub. for H. B. 4378 - “A Bill to amend and reenact §18A-3-6 of the Code of West Virginia, 1931, as amended, relating to grounds for revocation or suspension of teaching certificates; authorizing suspensions; authorizing additional sanction options by the state superintendent with respect to violations; authorizing superintendent to issue subpoenas to aid investigation of allegations against persons subject to licensure; requiring professional relationship with students; providing minimum revocation period for offenses and specifying offenses; and defining grooming a student or minor,”

With the recommendation that the committee substitute do pass.

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. 4540, Authorizing the appointment, qualifications, certification, authority, compensation, and training of hospital police officers,

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. 4540) 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. 4410, Permitting directors and executive officers of a banking institution to borrow from a banking institution with which he or she is connected,

H. B. 4559, Modifying the limitations on civil actions against the perpetrator of sexual assault or sexual abuse upon a minor,

Com. Sub. for S. B. 311, Relating to court-ordered community service,

And,

Com. Sub. for S. B. 357, Authorizing Department of Revenue promulgate legislative rules,

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

Delegate Hill, 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. 4395, Removing the requirement that a veterinarian access and report to the controlled substance monitoring database,

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

Com. Sub. for H. B. 4395 - “A Bill amend and reenact §60A-9-5 and §60A-9-5a of the Code of West Virginia, 1931, as amended, relating to removing the requirement that a veterinarian monitor the controlled substance monitoring database,”

H. B. 4414, Relating to the selection of language and development milestones for the deaf and hard-of-hearing children,

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

Com. Sub. for H. B. 4414 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-1-20, relating to early language development; defining terms; developing early language resources; setting forth types of communication; selecting assessment tools; creating an advisory committee; providing authority to the advisory committee; and requiring an annual report,”

And,

H. B. 4415, Relating to missing and endangered children,

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

Com. Sub. for H. B. 4415 - “A Bill to amend and reenact §15-3D-3 and the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §15-3D-9;  to amend and reenact §49-6-103, §49-6-105, §49-6-106, §49-6-109, §49-6-110, §49-6-112, §49-6-113, and 49-6-114; and to amend said code by adding thereto a new section, designated §49-6-116;  all relating to children; defining terms; creating a missing child advisory; updating terminology; requiring law-enforcement to investigate; requiring law-enforcement to issue an advisory; permitting the sharing of confidential information with the department in certain circumstances; establishing a foster child locator unit within the department; establishing duties of the unit; and requiring a report,”

With the recommendation that the committee substitutes each do pass.

Delegate Hill, 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. 4354, Adding nabiximols to the permitted list of distributed and prescribed drugs,

And,

H. B. 4422, The Patient Brokering Act,

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. 4354 and H. B. 4422) were each referred to the Committee on the Judiciary.

Delegate Hill, 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. 4161, Making it illegal to scleral tattoo a person,

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

Delegate Rohrbach, Chair of the Committee on Prevention and Treatment of Substance Abuse, submitted the following report, which was received:

Your Committee on Prevention and Treatment of Substance Abuse has had under consideration:

H. B. 4620, Redefining definition of “recovery residence”,

And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Health and Human Resources.

In accordance with the former direction of the Speaker, the bill (H. B. 4620) was referred to the Committee on Health and Human Resources.

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. 2967, Permitting a county to retain the excise taxes for the privilege of transferring title of real estate,

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

Com. Sub. for H. B. 2967 - “A Bill to amend and reenact §11-22-2 of the Code of West Virginia, 1931, as amended, relating to phasing in elimination of state excise tax on privilege of transferring property and replacing it with county excise tax on certain date,”

With the recommendation that the committee substitute 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. 4090, Creating the Oil and Gas Abandoned Well Plugging Fund,

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

Com. Sub. for H. B. 4090 - “A Bill to amend and reenact §11-13A-3a of the Code of West Virginia, 1931, as amended, and to amend said code by adding thereto a new section, designated §22-6-29a, all relating to creating and funding the Oil and Gas Abandoned Well Plugging Fund for use by the West Virginia Department of Environmental Protection to plug abandoned oil and gas wells without responsible operators; lowering the severance tax collected on production from certain defined marginal oil and natural gas wells; requiring the collected lower severance taxes to be deposited in the fund; providing for a cap on the balance of the fund which can trigger a further reduction in the severance taxes on these certain defined marginal wells; providing an effective date for the lower tax rate; maintaining prior exemptions from the severance tax; providing for administration of the fund; providing specific purposes and limitations for use of the fund; providing reporting requirements for two funds, the Oil and Gas Reclamation Fund and the Oil and Gas Abandoned Well Plugging Fund; deleting a subsection of the code which expired by its own terms; and providing a short title,”

With the recommendation that the committee substitute 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:

Com. Sub. for H. B. 4438, Relating to the licensing of advance deposit wagering,

And reports the same back, with amendment, with the recommendation that it do pass, as amended.

Delegate Hill, 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. 4375, Speech-Language Pathologists and Audiologists Compact,

And reports the same back with the recommendation that it 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 (H. B. 4375) to the Committee on the Judiciary was abrogated.

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. 175 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5F-1-7; to amend and reenact §7-1-3rr of said code; and to amend said code by adding thereto a new article, designated §8-39-1, all relating to governmental websites; requiring executive branch agencies maintain a website that contains specific information; providing exceptions; authorizing county commissions to maintain websites with specific information; requiring county commissions to provide certain information to the Secretary of State; authorizing municipalities to maintain websites with specific information available to the public at no charge; requiring information to be updated; and requiring updated information be provided to the Office of Technology”; which was referred to the Committee on Government Organization 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. 261 - “A Bill to amend and reenact §61-3C-3 and §61-3C-4 of the Code of West Virginia, 1931, as amended, all relating to contaminating a computer with ransomware; creating criminal offense of introducing ransomware into any computer, computer system, or computer network with the intent to extort money or other consideration; setting forth the elements of the offense; defining terms; and establishing criminal penalties”; which was referred to the Committee on the Judiciary.

A message from the Senate, by

The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of

Com. Sub. for S. B. 323, Authorizing Department of Administration promulgate legislative rules.

A message from the Senate, by

The Clerk of the Senate, announced the passage by the Senate to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

Com. Sub. for S. B. 339 - “A Bill to amend and reenact §64-5-1 et seq. of the Code of West Virginia, 1931, as amended, relating generally to authorizing certain agencies of the Department of Health and Human Resources to promulgate legislative rules; authorizing the rules as filed and as modified by the Legislative Rule-Making Review Committee; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to public water systems; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to fees for permits; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to vital statistics; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to emergency medical services; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to primary care support program; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to primary care seed money grants; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to medical cannabis program—general provisions; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to medical cannabis program—grower/processors; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to medical cannabis program—laboratories; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to medical cannabis program—program dispensaries; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to medical cannabis program—safe harbor letter; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to the collection and exchange of data related to overdoses; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to minimum licensing requirements for residential child care and treatment facilities for children and transitioning adults in West Virginia; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to qualifications for a provisional license to practice as a social worker within the Department of Health and Human Resources; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to pilot program for drug screening of applicants for cash assistance; and authorizing the Health Care Authority to promulgate a legislative rule relating to critical access hospitals”; which was referred to the Committee on the Judiciary.

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 Education then Rules:

S. C. R. 10 - “Requesting the Joint Committee on Government and Finance study the effectiveness of current West Virginia State laws relating to anti-bullying measures in public schools.”

Whereas, West Virginia anti-bullying measures and regulations have been previously established to deter harassment, intimidation, and bullying; and

Whereas, School districts in West Virginia are required to adopt a policy prohibiting harassment, intimidation, and bullying; and

Whereas, Harassment, intimidation, and bullying can facilitate a hostile learning environment and negatively impact a child’s educational outcomes; and

Whereas, The National Education Association has estimated that more than 160,000 k-12 students nationally miss school every day because of the threat or fear of bullying; and

Whereas, The National Center for Education Statistics, a division of the United States Department of Education, reported in 2019 that 20.2 percent of students between the ages of 12 and 18 experienced bullying in school; and

Whereas, The Centers for Disease Control and Prevention reported in 2019 that the negative consequences of bullying can increase the risk of low academic achievement, rates of school drop-out, social and emotional distress, self-harm, and even death; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study the effectiveness of current West Virginia State laws relating to anti-bullying measures in public schools; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2021, on its findings, conclusions, and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report, and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

Resolutions Introduced

Delegates Angelucci, C. Thompson, Lavender-Bowe, S. Brown, Longstreth, Staggers, Caputo, Pyles, Walker, Hanna, Zukoff and Diserio offered the following resolution, which was read by its title and referred to the Committee on Veterans’ Affairs and Homeland Security then Rules:

H. C. R. 50 - “Requesting the Division of Corrections and Rehabilitation to conduct annual studies on the reporting of sexual assaults in the state’s correctional facilities.”

Whereas, In 2012, the U.S. Justice Department issued its first set of national standards requiring that detention facilities not only give inmates multiple ways to report sexual abuse but also investigate every allegation; and

Whereas, In 2011, before the national standards were issued, there were 8,768 allegations of sexual assault and harassment nationwide. By the end of 2015, that total had jumped to 24,661, a leap of more than 180 percent, according to the federal Bureau of Justice Statistics, which compiles the numbers it collects from corrections departments; and

Whereas, It is prudent for our own Division of Corrections and Rehabilitation to conduct a study on the reporting of sexual assaults in the state’s correctional facilities; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Corrections and Rehabilitation conduct annual studies on the reporting of sexual assaults in the state’s correctional facilities; and, be it

Further Resolved, That the Division of Corrections and Rehabilitation submit its first annual study on the reporting of sexual assaults in the state’s correctional facilities to the regular session of the Legislature, 2021, and annually thereafter, on its findings, conclusions, and recommendations, together with drafts of any legislation necessary to effectuate its recommendations.

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

H. C. R. 51 - “Requesting the Division of Highways to name a stretch of road beginning on County Road 15, Cold Stream Road, at Edwards Run (39.32213, -78.42876) to Frog Hollow Road (39.33781, -78.4329) in Hampshire County, ‘Gunsmiths Trace’.”

Whereas, There is little evidence today that communities with churches, mills, local artisans and families were scattered throughout Hampshire County; nor is it thought that this county was a center of industrial activity in the early days of its history. Yet, Hampshire County was the home of as many as 40 gunsmiths with several of them residents in the area along Edwards Run to Cold Stream Run. This location had access to Edwards Run and Cold Stream, sources of power and water and bordered the Cacapon River. Until the late 1830s, this area was along the main road that ran from Winchester to Romney and Cumberland, Maryland and points West, the direction Americans were moving; and

Whereas, The gunsmiths who lived in this area in the 1830s include Zebulon Sheet, who served in the War of 1812, was appointed a justice of the peace in the county in 1828, and was a skilled gunsmith whose guns are highly prized today; James Rinehart was the most productive gunsmith in this area from approximately 1835 until he moved to Ohio in 1850; B.F. Shane was a blacksmith and gunsmith on Edwards Run in 1856; Christopher Slonaker, III, was born and raised in the Cold Stream area and purchased a gun shop from B.F. Shane, where he plied his trade; and,  Henry Topper, who lived along the Cacapon River was noted in the 1820 Industrial Census of Virginia, to be engaged as a gunsmith with one helper and a production of 12 rifles a year. He also repaired firearms, clocks and other mechanical devices; and

Whereas, The Edwards Run-Cold Stream area no longer shows any evidence of the busy community that was the home to churches, mills, local artisans and families and the center of industrial activity that included the gunsmiths whose artistry was so important to residents and pioneers and settlers who were moving ever westward; and

Whereas, Naming that stretch of road “Gunsmiths Trace” is an appropriate recognition and reminder of what this community was like and of the small but important industry that has left so many prized artifacts in the hands of serious gun collectors across America of their contributions and accomplishments; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name a stretch of road beginning on County Road 15, Cold Stream Road, at Edwards Run (39.32213, -78.42876) to Frog Hollow Road (39.33781, -78.4329) in Hampshire County, “Gunsmiths Trace”; and, be it

Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the stretch of road as the “Gunsmiths Trace”; 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 Barnhart, J. Kelly, Maynard and Linville offered the following resolution, which was read by its title and referred to the Committee on Technology and Infrastructure then Rules:

H. C. R. 52 - “Requesting the Division of Highways name bridge number 43-50-10.01 EB & WB (43A198, 43A199), (39.25868, -81.10639) locally known as Bonds Creek  Bridges, carrying US 50 over Bonds Creek in Ritchie county, the ‘U.S. Army PFC Paul Eugene Gregg Memorial Bridge’.”

Whereas, U.S. Army PFC Paul Eugene Gregg was born on January 11, 1940, to T. Nile Gregg and Gail Gump in Berea, West Virginia, and passed away on January 8, 2019, at the Veterans Administration Medical Center in Pittsburgh, Pennsylvania; and

Whereas, PFC Gregg served in the United States Army from February 21, 1958, to February 24, 1961, and received the Sharpshooter Marksman Badge; and

Whereas, PFC Gregg retired a hard-working iron worker, having been a member of Iron Workers Union, Local 787, Parkersburg; and

Whereas, It is fitting that an enduring memorial be established to commemorate U.S. Army PFC Paul Eugene Gregg and his contributions to our nation, state and his community; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name bridge number 43-50-10.01 EB & WB (43A198, 43A199), (39.25868, -81.10639) locally known as Bonds Creek Bridges, carrying US 50 over Bonds Creek in Ritchie County, the “U.S. Army PFC Paul Eugene Gregg Memorial Bridge”; and, be it

Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “U.S. Army PFC Paul Eugene Gregg Memorial Bridge”; and, be it

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

Bills Introduced

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

By Delegate Capito:

H. B. 4621 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §31A-8G-1, §31A-8G-2, §31A-8G-3, §31A-8G-4, §31A-8G-5, §31A-8G-6, §31A-8G-7, and §31A-8G-8, all relating to the West Virginia FinTech Regulatory Sandbox Program; defining terms; establishing requirements for participants to temporarily test innovative financial products or services on a limited basis without otherwise being licensed or authorized to act under the laws of the state; establishing scope of the ability to operate without otherwise being licensed or authorized to act with respect to approved financial products or services; providing consumer protections; establishing time limitations on the ability to operate without otherwise being licensed or authorized to act with respect to approved financial products or services; providing reporting requirements; defining terms; and providing for rule-making”; to the Committee on the Judiciary.

 

By Delegates Wilson, Waxman, Foster, D. Jeffries, Graves, Pack, Butler, Kessinger, C. Martin, P. Martin and J. Jeffries:

H. B. 4622 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-1-10, relating to prohibiting the establishment of a constitution or legal system superior or parallel to the West Virginia Constitution and the West Virginia Code; and providing a criminal penalty”; to the Committee on the Judiciary.

By Delegates Higginbotham, Ellington, Steele, Graves, Storch, Hanna, Howell, C. Martin, Hott, Barnhart and Dean:

H. B. 4623 - “A Bill to amend and reenact §18-2-9 of the Code of West Virginia,1931, as amended, relating to requiring all schools to instruct students on the Holocaust and other genocides”; to the Committee on Education then Finance.

By Delegates S. Brown, Caputo, Diserio, C. Thompson, Dean, Toney, Paynter, Hicks and Sponaugle:

H. B. 4624 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §6C-5-1, §6C-5-2, §6C-5-3 and §6C-5-4, all relating to permitting public employees the right to collectively bargain; providing for an exclusive representative; providing a procedure; and setting forth matters subject to collective bargaining”;  to the Committee on Industry and Labor then the Judiciary then Finance.

By Delegates S. Brown, Sponaugle, Hornbuckle, Pushkin, McGeehan, Hill, Angelucci, Dean, Hansen, Skaff and Walker:

H. B. 4625 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-38-1, §19-38-2 and §19-38-3; to amend said code by adding thereto a new article, designated §51-12-1 and §51-12-2; to amend and reenact §60A-2-204 of said code; and to amend said code by adding thereto a new section, designated §61-11-27, all relating to the normalization of cannabis laws; providing legislative findings; permitting adult uses of cannabis; providing for cannabis testing; prohibiting state civil asset forfeiture; providing notice of transitional services to incarcerated offenders; requiring the expungement of cannabis offender records”; to the Committee on Health and Human Resources then the Judiciary then Finance.

By Delegates Barnhart, J. Kelly, Foster, Pack, Steele, Cadle, Hamrick, Maynard and Linville:

H. B. 4626 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-9-1, §5B-9-2, §5B-9-3, §5B-9-4, §5B-9-5, §5B-9-6, §5B-9-7, §5B-9-8 and §5B-9-9, all relating to enacting the West Virginia Development Achievements Transparency Act; providing a short title; providing legislative purpose and findings; providing for definitions; outlining reporting requirements for entities providing a development subsidy; directing the Auditor to create a searchable website to view development subsidy data; detailing the items required to be provided on the Auditor’s searchable website; protecting confidentiality of certain subsidy data; providing penalties related to the accuracy and timeliness of information reported; and permitting the Auditor to hold public hearings or trainings to ensure compliance with the article”; to the Committee on Government Organization then the Judiciary.

By Delegate Summers:

H. B. 4627 - “A Bill to amend and reenact §5-10-22l and §18-7A-26w of the Code of West Virginia, 1931, as amended, all relating to increasing the monthly retirement annuity by $2 for certain retirants with 20 or more years of credited service”; to the Committee on Pensions and Retirement then Finance.

By Delegates Higginbotham, Ellington, Graves, Storch, Hanna, Dean, C. Martin, Hott, Barnhart, Kessinger and Hardy:

H. B. 4628 - “A Bill to amend and reenact §11-10-14a of the Code of West Virginia, 1931, as amended, relating to allowing certain deductions to be made from individual personal income tax refunds; providing check-off for donations to the Make-A-Wish Foundation of Greater Pennsylvania and West Virginia for the purpose of granting wishes to children who reside in West Virginia and who have life-threatening medical conditions; to provide for disposition of such donated monies; to establish the Make-A-Wish Foundation of Greater Pennsylvania and West Virginia Fund as a special escrow fund in the State Treasury; to provide for the administration and use of moneys in the fund; to authorize the Tax Commissioner to make certain deposits into the fund; and to provide for reporting to the Joint Committee on Government and Finance”; to the Committee on Finance.

By Delegates S. Brown, Graves, Staggers, Rowan, Lavender-Bowe, Storch, Williams, Kessinger, Byrd, Fleischauer and Bates:

H. B. 4629 - “A Bill to amend the Code of West Virginia, 1931, as amended; by adding thereto a new section, designated §11-15-9t, relating to the exemption of certain hygiene products from sales tax”; to the Committee on Health and Human Resources then Finance.

By Delegates Hamrick, Storch, Hanna, Higginbotham, Hill, Bibby, Dean, Ellington, J. Jeffries, Barnhart and Worrell:

H. B. 4630 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-10b, relating to providing a tax credit for families who have foster children in their care”; to the Committee on Health and Human Resources then Finance.

By Delegates Angelucci, Lavender-Bowe, Pyles, Walker, Diserio, Staggers, Zukoff, Caputo, Swartzmiller, Longstreth and C. Thompson:

H. B. 4631 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §3-1B-11, relating to political campaign contributions or donations received by an elected official who switches political parties while serving in the office to which elected; requiring return of funds if requested by a contributor”; to the Committee on the Judiciary.

By Delegates Rodighiero, R. Thompson, Worrell, Phillips, Storch, Rohrbach, Maynard, Tomblin, Hicks, Fleischauer and Miller:

H. B. 4632 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-8b; to amend said code by adding thereto a new section, designated §33-15-4u; to amend said code by adding thereto a new section, designated §33-15E-18; to amend said code by adding thereto a new section, designated §33-16-3ff; to amend said code by adding thereto a new section, designated §33-24-7u; to amend said code by adding thereto a new section, designated §33-25-8r; and to amend said code by adding thereto a new section, designated §33-25A-8u, all relating to imposing a cap under an insurance policy or a discount prescription drug plan, on the total amount that a covered person is required to pay for a covered prescription epinephrine drug; and providing that the cap may not exceed $100 per 30-day supply of the drug, regardless of the amount of epinephrine needed to fill the covered person’s prescription”; to the Committee on Banking and Insurance then Health and Human Resources.

By Delegates Storch, Anderson, Nelson, Kessinger, Waxman, Summers, Criss, Sypolt, Hill, Espinosa and Capito:

H. B. 4633 - “A Bill to amend and reenact §7-3-3 of the Code of West Virginia, 1931, as amended, relating to expanding county commissions’ ability to dispose of county or district property; and adding the ability of county commissions to dispose of the property to a nonprofit community or senior center organization without conducting a public sale”; to the Committee on Political Subdivisions then Government Organization.

By Delegates Evans, Bates, Toney, Dean and Paynter:

H. B. 4634 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-1B-1, §5B-1B-2, §5B-1B-3 and §5B-1B-4, all relating to establishing the Southern West Virginia Lake Development Study Commission; providing legislative findings; establishing the commission and designating its membership; defining components of commission study; authorizing the commission to create committees and utilize university and other state government resources; providing for expense reimbursement for certain commission members; and requiring reports to the Legislature”; to the Committee on Agriculture and Natural Resources then the Judiciary.

By Delegates D. Jeffries, Bartlett, Fast, Rowan, Foster, Waxman, Barnhart, P. Martin, C. Martin and Butler:

H. B. 4635 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §61-2-31, to be called the Vulnerable Child Protection Act, relating to the prohibition of certain medical treatments and procedures upon a minor, including an emancipated minor, for the purpose of attempting to change or affirm the minor’s perception of the minor’s sex, if that perception is inconsistent with the minor’s genetic sex at birth and making such medical treatments and procedures a felony unless specific exceptions exist as defined”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Rohrbach, D. Kelly, Linville and Lovejoy:

H. B. 4636 - “A Bill to amend and reenact §18B-10-7a of the Code of West Virginia, 1931, as amended, relating to tuition and fee waivers or adjustments for resident students and certain non-resident students; and by decreasing the eligibility age from 65 to 60 years of age or older”; to the Committee on Education then Finance.

By Delegates Rohrbach, D. Kelly, Pack, Hill, Kessinger, Linville, Waxman and Rowan:

H. B. 4637 - “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 Health and Human Resources then the Judiciary.

By Delegates S. Brown, Espinosa, Doyle, Barrett, Sponaugle, Bibby, Householder, Rowan and Kump:

H. B. 4638 - “A Bill to amend and reenact §61-12-8 of the Code of West Virginia, 1931, as amended, relating to modifying the authority of medical examiners regarding the disposition of bodies”; to the Committee on Political Subdivisions then Health and Human Resources then the Judiciary.

By Delegates Kump, Linville and Butler:

H. B. 4639 - “A Bill to amend and reenact §17A-10-3a of the Code of West Virginia, 1931, as amended; and to amend and reenact §17C-16-4 and §17C-16-5 of said code, all relating to changing annual mandatory state inspections of antique motor vehicles and motorcycles, motor vehicles, trailers, semitrailers and pole trailers to mandatory inspections every three years; changing fee for inspection from three to nine dollars; and providing operative date of amendments”; to the Committee on Technology and Infrastructure then Finance.

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

H. B. 4640 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-3A-1, §5-3A-2 and §5-3A-3, all relating to creating the Foster Care Support Fund; directing that certain funds recovered in legal actions seeking damages from a drug manufacturer, drug distributor, pharmacy, pharmacist, physician or other person contributing to the proliferation of the unnecessary use of opioids in West Virginia be deposited into the Foster Care Support Fund; addressing preparation and enforceability of orders; requiring notice to court; and providing fund to be administered by the Secretary of the Department of Health and Human Resources”; to the Committee on Health and Human Resources then Finance.

By Delegates Householder, Barrett, Cowles, Kump, Wilson, Bibby, Hardy, Espinosa, Hanshaw (Mr. Speaker), Graves and Criss:

H. B. 4641 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5B-1-9, relating to the West Virginia Department of Commerce; establishing authority for creation of tourism development districts; specifying legislative findings and purpose; specifying legislative intent; specifying additional powers and duties of the development office; specifying activity that qualifies for the designation; specifying criteria for evaluation and approval of districts; requiring development office approval as a tourism development project or a tourism development expansion project pursuant to the Tourism Development Act as a condition precedent to obtaining designation; specifying procedures for evaluation and approval of districts; establishing minimum total project costs as a condition precedent to obtaining designation; specifying the maximum number of allowable districts; setting time period for termination of districts; excepting designated districts from specified local ordinances and regulations; requiring payment of enumerated local taxes; requiring compliance with statutes governing alcohol beverage control; establishing district right to municipal police protection; specifying obligation of compliance with state building code; providing for inspection oversight by West Virginia development office; requiring Department of Transportation support of districts, including acquisition and/or development of highways, roads, thorough-fares and sidewalks; providing for continuation of tourism districts in event of nonrenewal of Tourism Development Act; authorizing promulgation of rules; and severability provision”; to the Committee on Finance.

By Delegates Rohrbach and Hill:

H. B. 4642 - “A Bill to repeal §16-1A-1 and §16-1A-4 of the Code of West Virginia, 1931, as amended; to amend and reenact §16-1A-2, §16-1A-3, §16-1A-5, §16-1A-6, §16-1A-7, §16-1A-8,  and §16-1A-9; all relating to uniform credentialing for health practitioners; removing legislative findings; eliminating the advisory committee; and providing sole authority to implement to the Insurance Commissioner”; to the Committee on Banking and Insurance then Health and Human Resources.

By Delegates Hanshaw (Mr. Speaker) and Miley

[By Request of the Executive]:

H. B. 4643 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-5-28, relating generally to creating in the State Treasury a special account known as Medicaid Families First Reserve Fund; specifying moneys that may be deposited in fund; providing for expenditures from fund; and authorizing investments”; to the Committee on Finance.

By Delegates Maynard, Campbell, Miller, Williams, Steele, D. Kelly, D. Jeffries and Foster:

H. B. 4644 - “A Bill to repeal §29-3-1, §29-3-2, §29-3-3, §29-3-4, §29-3-5, §29-3-5a, §29-3-5b, §29-3-5c, §29-3-5d, §29-3-5e, §29-3-5f, §29-3-6, §29-3-7, §29-3-8, §29-3-9, §29-3-10, §29-3-11, §29-3-12, §29-3-12a, §29-3-12b, §29-3-13, §29-3-14, §29-3-15, §29-3-16, §29-3-16a, §29-3-16b, §29-3-16c, §29-3-16d, §29-3-17, §29-3-18, §29-3-19, §29-3-21, §29-3-22, §29-3-27, §29-3-28, §29-3-29, §29-3-30, and §29-3-32 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new article, designated §15A-9-1, §15A-9-2, §15A-9-3, §15A-9-4, §15A-9-5, §15A-9-6, §15A-9-7, §15A-9-8, §15A-9-9, §15A-9-10, §15A-9-11, §15A-9-12, §15A-9-13, §15A-9-14, §15A-9-15, §15A-9-16, §15A-9-17, §15A-9-18, §15A-9-19, §15A-9-20, §15A-9-21, §15A-9-22, §15A-9-23, §15A-9-24, §15A-9-25; and to amend said code by adding thereto a new article, designated  §15A-10-1, §15A-10-2, §15A-10-3, §15A-10-4, §15A-10-5, §15A-10-6, §15A-10-7, §15A-10-8, §15A-10-9, §15A-10-10, and §15A-10-11, all relating to separating the Fire Marshal from the Fire Commission; transferring the Fire Marshal from the State Fire Commission to the Department of Military Affairs and Public Safety; setting forth the appointment process for the Fire Marshal, setting forth qualifications, salary, and responsibilities of the State Fire Marshal; allowing the Fire Marshal to hire employees; allowing the Fire Marshal to hire a Deputy, and setting the qualifications of the Deputy; requiring new Fire Marshal 1, 2, 3, and Deputies to become certified law-enforcement officers; setting forth powers and duties of the State Fire Marshal; setting forth additional powers and duties relating to law enforcement, statewide contracts, penalties, and authority to carry firearms; creating enforcement standards for the state building and fire codes; creating rule-making authority; allowing the appointment of advisory boards; setting forth the responsibilities of insurance companies in fire loss investigations; allowing the Fire Marshal to set fees; requiring an annual report; setting forth maintenance of fire hazard standards; allowing orders for repair or demolition; allowing orders to contain notice to comply and a right to appeal; providing standards for service of repair or demolition orders; clarifying who is responsible for cost of work or demolition; allowing an action to recover cost; requiring smoke detectors in one and two family dwellings; requiring carbon monoxide detectors in residential units, schools, and day care facilities and setting forth penalties; allowing the use of live trees in public buildings under certain circumstances; setting forth safety standards for bed and breakfast establishments; setting forth standards for installation of propane gas systems; setting forth parameters to abate fire hazards; setting forth license denial, limitation, suspension and revocation standards; creating an independent informal dispute process for licensees upon appeal; establishing demonstration building and equipment standards for educational instruction for fire protection and prevention and abatement; creating crime of false alarm of fires and setting forth penalties; creating tax on insurance companies; setting forth general criminal penalties for violation; setting forth that the parts of the article are construed liberally; creating a severability section; allowing the Fire Marshal to award service weapons to retiring employees under certain conditions; allowing the Fire Marshal to dispose of unused firearms; continuing the Fire Commission, setting forth composition, qualifications, appointment, terms of office, removal, vacancies, and compensation and expenses; establishing chairperson, vice chairperson, meeting and quorum requirements; creating rule making authority for fire code, building code, and general rule making authority; continuing the hazardous response training program; requiring public hearing and notice prior to promulgation of fire code; setting forth commission’s powers and conduct of public hearing; setting forth commission’s powers duties and authority; setting forth authority over volunteer fire department training, and equipment, and creating rule-making authority for such; continuing courtesy certification of firefighters in surrounding states to serve as volunteer firefighters; continuing the Fire Service Equipment and Training Fund”; to the Committee on Fire Departments and Emergency Medical Services then Government Organization.

Special Calendar

Third Reading

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. 68), and there were—yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

Absent and Not Voting: N. Brown, Ellington, Mandt and Porterfield.

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.

H. B. 4179, Recognition of Emergency Medical Services Personnel Licensure Interstate Compact; 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. 69), and there were—yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

Absent and Not Voting: N. Brown, Ellington, Mandt and Porterfield.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4179) 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. 4359, Increasing the filing fees for insurers; 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. 70), and there were—yeas 85, nays 11, absent and not voting 4, with the nays and absent and not voting being as follows:

Nays: Bibby, Butler, Cadle, Graves, Hill, J. Jeffries, Kessinger, McGeehan, Paynter, Steele and Wilson.

Absent and Not Voting: N. Brown, Ellington, Mandt and Porterfield.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4359) 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. 4381, Relating to lifetime hunting, fishing and trapping licenses for adopted children; 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. 71), and there were—yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

Absent and Not Voting: N. Brown, Ellington, Mandt and Porterfield.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4381) passed.

On motion of Delegate Atkinson, the title of the bill was amended to read as follows:

H. B. 4381 – “A Bill to amend and reenact §20-2B-7 of the Code of West Virginia, 1931, as amended, relating to lifetime hunting, fishing, and trapping licenses for adopted children; and providing for resident children who have been legally adopted and have not yet reached their 12th birthday to obtain their lifetime hunting, fishing, and trapping license for one half of the adult fee for a period of two years from the date of entry of the order or decree of adoption.”

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. 4470, Relating to persons 18 years of age or older in the custody of the Bureau of Juvenile Services; 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. 72), and there were—yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

Absent and Not Voting: N. Brown, Ellington, Mandt and Porterfield.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4470) 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. 4476, Providing for the timely and efficient collection, submission, testing, retention, and disposition of forensic evidence in sexual assault cases; 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. 73), and there were—yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

Absent and Not Voting: N. Brown, Ellington, Mandt and Porterfield.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4476) passed.

On motion of Delegate Shott, the title of the bill was amended to read as follows:

H.B. 4476 - “A Bill to amend and reenact §15-9B-1, §15-9B-2, and §15-9B-4 of the Code of West Virginia, 1931, as amended, all relating to providing for the collection, submission, testing, retention, and disposition of forensic evidence in sexual assault cases; transferring some duties of the Division of Justice and Community to the Division of Administrative Services; requiring sexual assault forensic examination kits collected by health care providers to be directly submitted to the West Virginia State Police Forensic Laboratory; providing for the development of a strategic plan on certain protocols; authorizing the Sexual Assault Forensic Examination Commission to recommend rules and report to the Legislature; establishing procedures; defining terms; establishing misdemeanor penalties; and granting rule-making authority.”

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 H. B. 3049, Improving dissemination of boiled water advisories to affected communities; on second reading, coming up in regular order, was read a second time.

On motion of Delegate Hill, the bill was amended on page three, line fifty-one, after “(h)”, by inserting the word, “By”.

The bill was then ordered to engrossment and third reading.

H. B. 4356, Relating to the administration of anesthetics; on second reading, coming up in regular order, was reported by the Clerk.

At the request of Delegate Summers, and by unanimous consent, the bill was postponed one day.

Com. Sub. for H. B. 4434, West Virginia health care workforce sustainability study; on second reading, coming up in regular order, was reported by the Clerk.

At the request of Delegate Summers, and by unanimous consent, the bill was postponed one day.

Com. Sub. for H. B. 4484, Relating to the Hazardous Waste Management Fund; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 4600, Relating to the definition of the term member regarding distributing premium tax proceeds; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 4601, Relating to distribution of premium tax proceeds to municipal policemen’s and firemen’s pension and relief funds; 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:

H. B. 2164, Clarifying that appeals to the Supreme Court are a matter of right,

Com. Sub. for H. B. 2892, Including digital and virtual information in the definition of property that can be searched and seized by a warrant,

Com. Sub. for H. B. 4001, Creating West Virginia Impact Fund,

Com. Sub. for H. B. 4102, Relating to opioid antagonists,

Com. Sub. for H. B. 4137, Allowing counties to store and maintain voter registration records in a digital format,

And,

H. B. 4412, Relating to education benefits to members of the West Virginia Army National Guard and West Virginia Air National Guard.

Leaves of Absence

At the request of Delegate Summers, and by unanimous consent, leaves of absence for the day were granted Delegates N. Brown, Ellington, Mandt and Porterfield.

Miscellaneous Business

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

- Delegate Sypolt regarding the Bishoff family

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

-     Delegate Fast for H. B. 4639

-     Delegate Toney for H. B. 4377

-     Delegate C. Thompson for H. B. 2520

-     Delegates Cowles, Espinosa and Shott for H. B. 4621

-     Delegate Hardy for H. B. 4438 and H. B. 4478

     Pursuant to House Rule 94b, a form was filed with the Clerk’s Office to be removed as a cosponsor of the following:

-     Delegate Hartman for H. B. 4575

At 11:47 a.m., the House of Delegates adjourned until 11:00 a.m., Monday, February 3, 2020.

  

 

      HOUSE OF DELEGATES

STEPHEN J. HARRISON, Clerk

      Building 1, Room M-212

     1900 Kanawha Blvd., East

    Charleston, WV 25305-0470

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