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House Journal


Day 60 (03-07-2020) - [PDF]
Day 59 (03-06-2020) - [PDF]
Day 49 (02-25-2020) - [PDF]
Day 58 (03-05-2020) - [PDF]
Day 57 (03-04-2020) - [PDF]
Day 56 (03-03-2020) - [PDF]
Day 55 (03-02-2020) - [PDF]
Day 53 (02-29-2020) - [PDF]
Day 52 (02-28-2020) - [PDF]
Day 51 (02-27-2020) - [PDF]
Day 50 (02-26-2020) - [PDF]
Day 48 (02-24-2020) - [PDF]
Day 45 (02-21-2020) - [PDF]
Day 44 (02-20-2020) - [PDF]
Day 43 (02-19-2020) - [PDF]
Day 42 (02-18-2020) - [PDF]
Day 41 (02-17-2020) - [PDF]
Day 38 (02-14-2020) - [PDF]
Day 37 (02-13-2020) - [PDF]
Day 36 (02-12-2020) - [PDF]
Day 35 (02-11-2020) - [PDF]
Day 34 (02-10-2020) - [PDF]
Day 30 (02-06-2020) - [PDF]
Day 31 (02-07-2020) - [PDF]
Day 29 (02-05-2020) - [PDF]
Day 28 (02-04-2020) - [PDF]
Day 24 (01-31-2020) - [PDF]
Day 27 (02-03-2020) - [PDF]
Day 23 (01-30-2020) - [PDF]
Day 22 (01-29-2020) - [PDF]
Day 21 (01-28-2020) - [PDF]
Day 20 (01-27-2020) - [PDF]
Day 17 (01-24-2020) - [PDF]
Day 15 (01-22-2020) - [PDF]
Day 16 (01-23-2020) - [PDF]
Day 14 (01-21-2020) - [PDF]
Day 13 (01-20-2020) - [PDF]
Day 10 (01-17-2020) - [PDF]
Day 09 (01-16-2020) - [PDF]
Day 08 (01-15-2020) - [PDF]
Day 07 (01-14-2020) - [PDF]
Day 06 (01-13-2020) - [PDF]
Day 03 (01-10-2020) - [PDF]
Day 02 (01-09-2020) - [PDF]
Day 01 (01-08-2020) - [PDF]

____________________

 

Tuesday, February 4, 2020

TWENTY-EIGHTH 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 Monday, February 3, 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. 4001, on Third Reading, Special Calendar, had been transferred to the House Calendar.

Committee Reports

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. 4466, Certificates of Insurance Act,

H. B. 4477, West Virginia Mutual to Mutual Insurance Holding Company Act,

And,

H. B. 4502, Relating to insurance adjusters,

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

Delegate Capito, Chair of the Joint Committee on Enrolled Bills, submitted the following report, which was received:

Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the 3rd day of February, 2020, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:

Com. Sub. for H. B. 2696, Creating an additional index system for state-owned lands,

And,

H. B. 4130, Relating to competitive bidding for government construction contracts arising out of declared states of emergency.

Delegate Atkinson, Chair of the Committee on Agriculture and Natural Resources, submitted the following report, which was received:

Your Committee on Agriculture and Natural Resources has had under consideration:

H. B. 4505, Creating the State Parks and Recreation Endowment Fund,

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

In accordance with the former direction of the Speaker, the bill (H. B. 4505) was referred to the Committee on Finance.

Delegate Atkinson, Chair of the Committee on Agriculture and Natural Resources, submitted the following report, which was received:

Your Committee on Agriculture and Natural Resources has had under consideration:

H. B. 4513, Increasing the replacement costs required of a person causing injury or death of game or protected species,

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. 4513) was referred to the Committee on the Judiciary.

Delegate Atkinson, Chair of the Committee on Agriculture and Natural Resources, submitted the following report, which was received:

Your Committee on Agriculture and Natural Resources has had under consideration:

H. B. 4515, Relating to wildlife resources, eligibility for license or permit application,

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

Delegate Atkinson, Chair of the Committee on Agriculture and Natural Resources, submitted the following report, which was received:

Your Committee on Agriculture and Natural Resources has had under consideration:

Com. Sub. for S. B. 470, Relating to use of crossbow to hunt,

And,

Com. Sub. for S. B. 487, Providing exception that all DNR payments be deposited within 24 hours,

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

Delegate Atkinson, Chair of the Committee on Agriculture and Natural Resources, submitted the following report, which was received:

Your Committee on Agriculture and Natural Resources has had under consideration:

Com. Sub. for S. B. 500, Relating to Class Y special crossbow hunting permit,

And,

Com. Sub. for S. B. 501, Adding protection, operation of North Bend Rail Trail, Greenbrier River Trail, and Elk River Trail to Parks and Recreation Section of DNR,

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

Delegate Westfall, Chair of the Committee on Banking and Insurance, submitted the following report, which was received:

Your Committee on Banking and Insurance has had under consideration:

H. B. 4543, Relating to insurance coverage for diabetics,

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

Pursuant to House Rule 80, the Speaker referred the bill (H. B. 4543) to the Committee on the Judiciary.

Delegate Westfall, Chair of the Committee on Banking and Insurance, submitted the following report, which was received:

Your Committee on Banking and Insurance has had under consideration:

H. B. 4474, Relating to peer-to-peer car sharing programs,

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. 4474) was 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, Dean, Espinosa, Cooper, Hanna, Atkinson, Evans, Hornbuckle and Campbell:

H. B. 4691 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-2-2b; and to amend and reenact §18A-2-3 of said code all related to employment in areas of critical need; re-codifying provisions related to employment of prospective employable professional personnel as prospective teachers and other professional personnel in a separate code section; requiring county board approval; clarifying placement in next ensuing school year; deleting prospective employable professional personnel provisions; adding intent; removing reference to job fairs; restating authorization to employ prospective teachers on condition that certification is issued prior to beginning duties; requiring at least one job posting prior to placement; clarifying that placement is into school-specific critical need position; and extending date upon which provisions related to employment of retired teachers as critical need substitutes will expire.”

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. 4607, Authorizing the operation of mobile shops for hair, nail, cosmetology, and aesthetics services,

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. 4083, Requiring the West Virginia Parkways Authority to accept the use of credit and debit cards for paying tolls,

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

Com. Sub. for H. B. 4083 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-16A-13b, relating to requiring the West Virginia Parkways Authority to accept the use of credit and debit cards for paying tolls on the West Virginia Turnpike,”

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. 4444, Establishing Medals of Valor and Medals for Bravery for emergency medical services, firefighters, and law-enforcement officers,

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

Com. Sub. for H. B. 4444 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §29-32-1, §29-32-2, §29-32-3, §29-32-4, §29-32-5; all relating to establishing Medals of Valor for emergency medical service members, firefighters, and law-enforcement officers; establishing the Medal of Valor; establishing criteria for awarding the Medal of Valor; prohibiting awarding of Medal of Valor in any manner than otherwise set forth in this article; establishing the Firefighters Honors Board to recommend persons to receive the Medal of Valor; establishing the Law-Enforcement Honor Board to recommend persons to receive the Medal of Valor; establishing the Emergency Medical Services Honor Board to recommend persons to receive the Medal of Valor; providing duties and purpose of each board; setting forth the membership of each board, the manner of membership selection, and the terms and conditions of service; setting forth process for identifying candidates to receive Medal of Valor; setting forth process for considering candidates to receive Medal of Valor; providing for submission of nominated persons to Speaker of the House of Delegates and President of the Senate; directing Governor to issue Medal of Valor to nominee upon adoption of concurrent resolution by Legislature; and directing the Department of Arts, Culture and History create design for Medal of Valor,”

And,

H. B. 4453, Expanding the eligibility requirements for private investigator and security guard licensure,

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

Com. Sub. for H. B. 4453 - “A Bill to amend and reenact §30-18-2, §30-18-3, §30-18-5, §30-18-6, and §30-18-9 of  the Code of West Virginia, 1931, as amended, all relating to the eligibility and application requirements for private investigator and security guard licensure; recognizing military service; removing a disparate out of state license fee; removing the ambiguous reference to moral turpitude as grounds for disqualification; and by capping the license renewal fee,”

With the recommendation that the committee substitutes each do pass.

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

By Delegates Shott, D. Kelly, Canestraro, Miller, N. Brown, Queen and Westfall:

H. B. 4664 - “A Bill to amend and reenact §17C-5-2 and §17C-5-2a of the Code of West Virginia, 1931, as amended, clarifying that the offense of driving under the influence of alcohol, controlled substances, or drugs must, in instances not causing bodily injury or death, be for circumstances where the operator is upon a public highway, or is on a private road; and clarifying the definition of ‘in this state’ for purposes of enforcement of these measures.”

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. 4361, Relating to insurance law violations,

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

Com. Sub. for H. B. 4361 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §33-41-4a, and §33-41-11a; and to amend and reenact §33-41-2, §33-41-5, §33-41-8, §33-41-11, and §33-41-12 of said code, all relating to insurance law violations; defining ‘fraudulent insurance act’; allowing Insurance Commissioner to accept proceeds from court ordered forfeiture proceedings; creating special revenue fund; permitting courts to award cost of investigation to insurance fraud unit or other law-enforcement agency; requiring person engaged in the business of insurance to report to the Insurance Commissioner suspected insurance law violations; permitting insurance fraud unit to administer oaths or affirmations, execute search and arrest warrants, make arrests upon probable cause without a warrant, and participate in the prosecution of workers’ compensation fraud; making the commission of a fraudulent insurance act a violation of law; mandating that a person convicted of a felony involving dishonesty, breach of trust, or a law reasonably related to the business of insurance is disqualified from participating in the business of insurance; requiring insurance companies to have antifraud initiatives; allowing the Insurance Commissioner to promulgate rules; and providing for criminal penalties and restitution for insurance law violations,”

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. 4585, Providing immunity from civil or criminal liability for making good faith reports of suspected or known instances of child abuse or neglect,

And,

Com. Sub. for S. B. 46, Defining “pepper spray” and exempting from definition of “deadly weapons”,

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

Messages from the Executive

Delegate Hanshaw (Mr. Speaker) presented a communication from His Excellency, the Governor, advising that on February 3, 2020, he approved Com. Sub. for S. B. 94.

Messages from the Senate

A message from the Senate, by

The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:

H. B. 4103, Relating to office of drug control policy.

On motion of Delegate Summers, the House of Delegates concurred in the following amendment of the bill by the Senate:

On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:

ARTICLE 5T. OFFICE OF DRUG CONTROL POLICY.

§16-5T-2. Office of Drug Control Policy.

(a) The Office of Drug Control Policy is created continued within the Department of Health and Human Resources under the direction and supervision of the secretary and supervision with the assistance of the State Health Officer.

(b) The Office of Drug Control Policy shall create a state drug control policy in coordination with the bureaus of the department and other state agencies. This policy shall include all programs which are related to the prevention, treatment, and reduction of substance abuse use disorder.

(c) The Office of Drug Control Policy shall:

(1) Develop a strategic plan to reduce the prevalence of drug and alcohol abuse and smoking by at least 10 percent by July 1, 2018;

(2) Monitor, coordinate, and oversee the collection of data and issues related to drug, alcohol, and tobacco access, substance use disorder policies, and smoking cessation and prevention, and their impact on state and local programs;

(3) Make policy recommendations to executive branch agencies that work with alcohol and substance use disorder issues, and smoking cessation and prevention, to ensure the greatest efficiency and consistency in practices will be applied to all efforts undertaken by the administration;

(4) Identify existing resources and prevention activities in each community that advocate or implement emerging best practice and evidence-based programs for the full substance use disorder continuum of drug and alcohol abuse education and prevention, including smoking cessation or prevention, early intervention, treatment, and recovery;

(5) Encourage coordination among public and private, state and local agencies, organizations, and service providers, and monitor related programs;

(6) Act as the referral source of information, using existing information clearinghouse resources within the Department of Health and Human Resources, relating to emerging best practice and evidence-based substance use disorder prevention, cessation, treatment and recovery programs, and youth tobacco access, smoking cessation and prevention. The Office of Drug Control Policy will identify gaps in information referral sources;

(7) Apply for grant opportunities for existing programs;

(8) Observe programs in other states;

(9) Make recommendations and provide training, technical assistance, and consultation to local service providers;

(10) Review existing research on programs related to substance use disorder prevention and treatment and smoking cessation and prevention, and provide for an examination of the prescribing and treatment history, including court-ordered treatment, or treatment within the criminal justice system, of persons in the state who suffered fatal or nonfatal opiate overdoses;

(11) Establish a mechanism to coordinate the distribution of funds to support any local prevention, treatment, and education program based on the strategic plan that could encourage smoking cessation and prevention through efficient, effective, and research-based strategies;

(12) Establish a mechanism to coordinate the distribution of funds to support a local program based on the strategic plan that could encourage substance use prevention, early intervention, treatment, and recovery through efficient, effective and research-based strategies;

(13) Oversee a school-based initiative that links schools with community-based agencies and health departments to implement school-based anti-drug and anti-tobacco programs;

(14) Coordinate media campaigns designed to demonstrate the negative impact of substance use disorder, smoking and the increased risk of tobacco addiction and the development of other diseases;

(15) Review Drug Enforcement Agency and the West Virginia scheduling of controlled substances and recommend changes that should be made based on data analysis;

(16) Develop recommendations to improve communication between health care providers and their patients about the risks and benefits of opioid therapy for acute pain, improve the safety and effectiveness of pain treatment, and reduce the risks associated with long-term opioid therapy, including opioid use disorder and overdose;

(17) Develop and implement a program, in accordance with the provisions of section three  §16-5T-3 of this code, to collect data on fatal and nonfatal drug overdoses caused by abuse and misuse of prescription and illicit drugs, from law enforcement agencies, emergency medical services, health care facilities and the Office of the Chief Medical Examiner;

(18) Develop and implement a program that requires the collection of data on the dispensing and use of an opioid antagonist from law enforcement agencies, emergency medical services, health care facilities, the Office of the Chief Medical Examiner and other entities as required by the office;

(19) Develop a program that provides assessment of persons who have been administered an opioid antagonist; and

(20) Report semi-annually to the Joint Committee on Health on the status of the Office of Drug Control Policy.

(d) Notwithstanding any other provision of this code to the contrary, and to facilitate the collection of data and issues, the Office of Drug Control Policy may exchange necessary data and information with the bureaus within the department, the Department of Military Affairs and Public Safety, the Department of Administration, the Administrator of Courts, the Poison Control Center, and the Board of Pharmacy. The data and information may include, but is not limited to: Data from the Controlled Substance Monitoring Program; the all-payer claims database; the criminal offender record information database; and the court activity record information;

(e) Prior to July 1, 2018, the office shall develop a plan to expand the number of treatment beds in locations throughout the state which the office determines to be the highest priority for serving the needs of the citizens of the state.”

The bill, as amended by the Senate, was then put upon its passage.

On the passage of the bill, the yeas and nays were taken (Roll No. 78), and there were—yeas 100, nays none, absent and not voting none.

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4103) passed.

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

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. 281 - “A Bill to amend and reenact §8-14-12 of the Code of West Virginia, 1931, as amended, relating to removing the residency requirement for persons applying for reappointment to a municipal police department”; 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

Com. Sub. for S. B. 534 - “A Bill to amend and reenact §21A-1A-17 of the Code of West Virginia, 1931, as amended, relating to employees serving the Legislature on a temporary basis, or in support of the legislative session, are not exempt from unemployment benefits coverage”; which was referred to the Committee on 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. 547 - “A Bill to amend and reenact §21-3E-16 of the Code of West Virginia, 1931, as amended, relating to employer testing, notice, termination, and forfeiture of unemployment compensation benefits”; which was referred to the Committee on the Judiciary.

A message from the Senate, by

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

S. B. 552 - “A Bill to amend and reenact §22C-1-6 of the Code of West Virginia, 1931, as amended, relating to requiring contracts of $25,000 or more to be competitively bid”; which was referred to the Committee on Government Organization.

Resolutions Introduced

Delegates Jennings and Azinger 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. 59 - “Requesting the Joint Committee on Government and Finance study the impact of a future electromagnetic pulse (EMP) catastrophe on the State of West Virginia.”

Whereas, Geomagnetic disturbances and electromagnetic pulses (EMP) have the capability of producing significant damage to West Virginia’s infrastructure and electronic equipment; and

Whereas, West Virginia’s dependence on electricity was clearly demonstrated during the aftermath of the 2012 derecho which paralyzed much of the state; and

Whereas, West Virginia’s vulnerability to severe threats is increasing daily through heightened use and dependence on electronic equipment; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby directed to study strategies for prevention and mitigating potential damages caused by geomagnetic disturbances and electromagnetic pulses (EMP). In conducting its study, the Joint Committee on Government and Finance shall: (i) Study the nature and magnitude of potential threats to the State of West Virginia caused by geomagnetic disturbances and electromagnetic pulses (EMP); (ii) examine West Virginia’s vulnerabilities to the potential negative impacts of geomagnetic disturbances and electromagnetic pulses (EMP); (iii) identify strategies to prevent and mitigate the effects of geomagnetic disturbances and electromagnetic pulses (EMP) on West Virginia’s infrastructure; (iv) estimate the feasibility and cost of such preventative and mitigation measures; and (v) make recommendations regarding strategies West Virginia should employ to better protect itself from and mitigate damages caused by geomagnetic disturbances and electromagnetic pulses (EMP); 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; 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.

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

H. C. R. 60 - “Requesting the Division of Highways name bridge number 20-77-98.10 (20A420), Lat/Long (38.33497,-81.59610) locally known as I-77 Wertz Avenue OP NB, carrying I-77 over Wertz Avenue in Kanawha County, the ‘U.S. Army PFC Teddy Ray Chandler Memorial Bridge’.”

Whereas, Teddy Ray Chandler was born July 27, 1932, in Charleston, West Virginia, the son of Opha and Rose Mary Chandler; and

Whereas, Teddy Ray Chandler lived on Piedmont Road in Charleston; and attended Roosevelt Junior High School and Charleston High School; and

Whereas, Teddy Ray Chandler enlisted in the Army on July 28, 1950, and was assigned to Company F, 35th Infantry Division as a light weapons infantryman; and

Whereas, Teddy was sent to Korea in late August 1950, where his regiment became known as “The rock of the Nam”; and

Whereas, His unit was assigned the task of securing the Kaesong area but on November 25th his unit was surprised by an onslaught of overwhelming numbers of communist Chinese forces who descended upon them from Manchuria; and

Whereas, Teddy Ray Chandler was listed as missing in action and presumed dead on November 27, 1950, and his body has never been found; and

Whereas, During his short military career, Teddy Ray Chandler was awarded the Combat Infantryman Badge, the National Defense Service Medal, the Korean Service Medal, the United Nations Korea Service Medal and the Purple Heart; and

Whereas, It is fitting that an enduring memorial be established to commemorate Army PFC Teddy Ray Chandler 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 20-77-98.10(20A420), Lat./Long.(38.33497,-81.59610) locally known as I-77 Wertz Avenue OP NB, carrying I-77 over Wertz Avenue in Kanawha County, the “U.S. Army PFC Teddy Ray Chandler 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 Teddy Ray Chandler 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 Rodighiero, Tomblin, Hicks and Evans offered the following resolution, which was read by its title and referred to the Committee on Technology and Infrastructure then Rules:

H. C. R. 61 - “Requesting the Division of Highways to name bridge number 23-7-3.44 (23A374), locally known as New Gore Fork Bridge, carrying County Route 7 over Gore Fork Creek in Logan County, the “U.S. Army PFC Clayton Collins Memorial Bridge”.”

Whereas, Clayton Collins of Pecks Mill, Logan County, West Virginia, was born March 24, 1942; and

Whereas, PFC Clayton Collins, as a U.S. Army armor reconnaissance specialist, was a member of C Troop, 1st Squadron, 4th Cavalry, 1st Infantry Division; and

Whereas, PFC Clayton Collins died at the age of 23 on November 5, 1965, during hostile action in South Vietnam; and

Whereas, It is proper to dedicate a fitting memorial to this young soldier who gave his life for his country; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name bridge number 23-7-3.44 (23A374), locally known as New Gore Fork Bridge, carrying County Route 7 over Gore Fork Creek in Logan County, the “U.S. Army PFC Clayton Collins Memorial Bridge”; and, be it

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

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

Delegates Linville, Maynard and J. Jeffries offered the following resolution, which was read by its title and referred to the Committee on Technology and Infrastructure then Rules:

H. C. R. 62 - “Requesting the Division of Highways name bridge number 22-007/00-021.18 (22A153), (38.22218, -82.11335) locally known as Myra Pony Truss, carrying CR 7 over Mud River in Lincoln County, the ‘USMC Cpl Guy Maywood Edwards Memorial Bridge’.”

Whereas, United States Marine Corps Corporal Guy Maywood Edwards was born on September 13, 1918, in Myra, West Virginia, to Hiram Otho Edwards and Elmyra Elizabeth Porter Edwards; and

Whereas, Corporal Edwards graduated from Hamlin High School, and enlisted in the Marines during the winter of 1942; and

Whereas, Corporal Edwards was serving with the Fourth Division of the Marines and, despite having been wounded in October 1944 on Saipan in the Marina Islands, landed on Iwo Jima on February 20, 1945, ready for duty. Corporal Edwards was killed in action six days later on February 26, 1945; and

Whereas, Corporal Edwards’ brother PFC Donald Edwards was also serving in the Fourth Marine Division on Iwo Jima and was wounded on February 28, 1945; and

Whereas, It is right and just to honor the memory of United States Marine Corps Corporal Guy Maywood Edwards, who so ably served his country and state, and having made the ultimate sacrifice, by naming this bridge after him; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name bridge number 22-007/00-021.18 (22A153), (38.22218, -82.11335) locally known as Myra Pony Truss, carrying CR 7 over Mud River in Lincoln County, the “USMC Cpl Guy Maywood Edwards 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 “USMC Cpl Guy Maywood Edwards 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.

And,

Delegates Hartman, C. Thompson, Boggs, Pethtel and Sponaugle offered the following resolution, which was read by its title and referred to the Committee on Technology and Infrastructure then Rules:

H. C. R. 63 - “Requesting the Division of Highways name bridge number 38-15-0.11 (38A022), locally known as Stoney Creek Channel Beam, carrying County Route 15 over Stoney Creek in Pocahontas County, the ‘Sharp Military Brothers Bridge’.”

Whereas, U.S. Army SGT Jack Arnold Sharp was born on December 23, 1922, in Marlinton, and passed away on December 31, 2001, in Richwood. He grew up as the oldest child of Charles J. Sharp and Ora Thompson in Pocahontas County.  He played football and graduated from Marlinton High School and was married to Margaret Sharp for 58 years. SGT Sharp was a Construction Machine Operator in Co. B, 7th BN Engr Repl TC, and served from January 1943 to March 1946.  He received the Good Conduct Medal, WWII Victory Ribbon and American Theater Ribbon; and

Whereas, U.S. Army SP4(T) Leslie Douglas Sharp was born on October 7, 1945, in Marlinton, currently living in Petersburg, with Jean his wife of 52 years and counting.  He grew up the thirteenth child of Charles J. Sharp and Ora Thompson in Pocahontas County, played football and graduated from Marlinton High School. He received the Parachute Badge and the Armed Forces Expeditionary Medal while serving, and retired from the West Virginia State Police; and

Whereas, U.S. Navy RMSN Donald James Sharp was born on July 31, 1935, in Fairview, currently living in Berkley Springs, with his wife of 61 years, Millie. He grew up the eighth child of Charles J. Sharp and Ona Thompson in Pocahontas County, played football and graduated from Marlinton High School. He served in the Navy from July 1953 to July 1956 and received the National Defense Service Ribbon. He was shot in the line of duty and retired from West Virginia State Police. He also served as a West Virginia Magistrate; and

Whereas, U.S. Navy PO2 Craig Arthur Sharp was born on July 21, 1933, in Fairview, currently living in Richmond, Virginia, with Betty Shinaberry his wife of 62 years and counting.  He grew up the seventh child of Charles J. Sharp and Ora Thompson in Pocahontas County, played football and graduated from Marlinton High School. He enlisted on October 25, 1951, and separated on October 21, 1956, serving aboard the USS Ross.  He received the National Defense Service Medal and retired from the  U.S. Reformatory system; and

Whereas, U.S. Army TSGT Charles Hubert Sharp was born on August 24, 1929, in Woodrow and passed away on. April 26, 2005.  He grew up the fifth child of Charles J. Sharp and Ora Thompson in Pocahontas County. He played football and graduated from Marlinton High School and was married to Norma Harris for 54 years. He served from December 1946 to December 1949, receiving the Army of Occupation Medal and WWII Victory Medal.  In January 1950 he enlisted with the U.S. Air Force and retired from service on July 31, 1968. He was also a special photographer who took official military pictures of the little-known unofficial Japanese surrender at Yokohama, Japan; and

Whereas, U.S. Navy RM Dempsey Thompson Sharp was born on June 15, 1927, in Woodrow, currently living in Nelsonville, Ohio.  He grew up the fourth child of Charles J. Sharp and Ora Thompson in Pocahontas County, played football and graduated from Marlinton High School and was married to Jean Walton for 62 years. He served from October 1944 to July 1946 aboard the USS William Ward Burrors and received the Pacific Theater Ribbon, American Theater Ribbon and WWII Victory Ribbon.  He was recalled on August 10, 1950, served as Radio Operator V6, 6th Naval District and was separated on October 15, 1951. He retired from U.S. Department of Agriculture Soil Conservation, discovered new variety of blackberry in West Virginia and is a published author; and

Whereas, U.S. Navy SN Lee Warwick Sharp was born on January 25, 1926, in Onoto, and passed away on October 3, 2015, in Huntington. He grew up the third child of Charles J. Sharp and Ora Thompson in Pocahontas County. He played football, graduated from Marlinton High School, and was married to Ann Bates for 49 years. He served from March 1944 to May 1946, and received the Pacific Theater Ribbon, American Theater Ribbon and WWII Victory Ribbon. He retired a pipefitter from Ashland Oil & Refinery and designed a special insulation tool that is still in use today by Ashland Oil; and

Whereas, U.S. Army TEC #5 MC Earl Milburn Sharp was born on March 30, 1924, in Marlinton and passed away on October 23, 2006, in Roanoke, Virginia. He grew up as the second child of Charles J. Sharp and Ora Thompson in Pocahontas County. He played football, graduated from Marlinton High School, and was married to Mildred Kirkpatrick for 64 years. He served from March 1943 to December 1945, and received the Distinguished Unit Award, Good Conduct Medal, American Theater Ribbon, WWII Victory Ribbon and European-African-Middle Eastern Theater Ribbon. He retired as a Greyhound bus driver and was awarded the Carnegie Hero Award on his brother Lew’s birthday in 1956.  The Hero Award was for saving a woman in 1954 whose car was submerged under water in the swollen icy cold Coal River while on his bus route. Although he couldn’t swim, he didn’t hesitate to get the woman to safety; and

Whereas, It is fitting that an enduring tribute be established to honor the service of the Sharp brothers for their contributions for 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 38-15-0.11 (38A022), locally known as Stoney Creek Channel Beam, carrying County Route 15 over Stoney Creek in Pocahontas County, the “Sharp Military Brothers 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 Sharp Military Brothers 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.

Motions

Delegate Pushkin asked unanimous consent to be added as a cosponsor of Com. Sub. for H. B. 4059, which consent was not granted, objection being heard.

Delegate McGeehan moved, under the provisions of House Rule 82, to discharge H. B. 2732, Defend the Guard Act, from the Committee on Veterans’ Affairs and Homeland Security.

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. 79), and there were—yeas 50, nays 50, absent and not voting none, with the nays being as follows:

Nays: Angelucci, Azinger, Bates, Bibby, Boggs, N. Brown, S. Brown, Butler, Cadle, Campbell, Canestraro, Caputo, Dean, Diserio, Doyle, Estep-Burton, Evans, Fleischauer, Fluharty, Graves, Hanna, Hansen, Hartman, Hicks, Hornbuckle, Jennings, Kump, Lavender-Bowe, Longstreth, Lovejoy, McGeehan, Miley, Miller, Paynter, Pethtel, Phillips, Pushkin, Pyles, Rodighiero, Rowe, Skaff, Sponaugle, Staggers, Swartzmiller, C. Thompson, R. Thompson, Tomblin, Toney, Williams and Wilson.

So, a majority of the members present and voting not having voted in the affirmative, the motion to table the motion to discharge the bill from committee was rejected.

During debate on the motion to discharge, Delegate Robinson arose to a point of order regarding the remarks of Delegate Steele not being directed to the question before the House, to which point the Speaker replied that the point was well taken but that some leeway would be allowed.

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. 80), and there were—yeas 50, nays 50, absent and not voting none, with the nays being as follows:

Nays: Anderson, Atkinson, Barnhart, Barrett, Bartlett, Bibby, Capito, Cooper, Cowles, Criss, Ellington, Espinosa, Fast, Foster, Graves, Hamrick, Hanna, Hardy, Higginbotham, Hill, Hott, Householder, Howell, D. Jeffries, Jennings, D. Kelly, J. Kelly, Kessinger, Linville, Little, Longstreth, Mandt, C. Martin, Maynard, Nelson, Pack, Porterfield, Pyles, Queen, Robinson, Rohrbach, Rowan, Shott, Steele, Summers, Sypolt, Waxman, Westfall, Worrell and Hanshaw (Mr. Speaker).

So, a majority of the members present and voting not having voted in the affirmative, the motion to discharge the bill from committee was rejected.

Bills Introduced

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

By Delegates Capito, Queen and Shott:

H. B. 4665 - “A Bill to amend and reenact §12-3-10d of the Code of West Virginia, 1931, as amended, relating to a decrease from 15.5 percent to 10 percent the amount transferred to the Purchasing Improvement Fund; and creating a transfer of five and one half percent to the Entrepreneurship and Innovation Investment Fund from fees generated by the use of the State Purchasing Card Program”; to the Committee on Finance.

By Delegates Byrd, Nelson, Capito, Pushkin, Queen, Skaff, Rowe and Rohrbach:

H. B. 4666 - “A Bill to amend and reenact §8-27-23 of the Code of West Virginia, 1931, as amended, relating to competitive bids for intergovernmental relations and urban mass transportation systems; increasing the contract sum that requires competitive bidding; and providing that competitive bidding is not required by certain urban transit authorities”; to the Committee on Finance.

By Delegate Sypolt:

H. B. 4667 - “A Bill to amend and reenact §17C-4-7 of the Code of West Virginia, 1931, as amended, relating to motor vehicle crash reports; requiring law-enforcement officers to submit reports of crashes to the owners and/or drivers of the vehicles involved in the crash in the same manner that law-enforcement officers are required to submit reports of crashes to the Division of Highways; and requiring the investigating law-enforcement officer, within 24 hours of a motor vehicle crash, to share the owner/operator and insurance information for all the involved parties with all the other involved parties and/or their insurance agents”; to the Committee on the Judiciary.

By Delegates Miley, Lovejoy, Evans, Caputo, Waxman, Rohrbach and Worrell:

H. B. 4668 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3B-7, relating to creating the misdemeanor crime of trespass for entering a structure that has been condemned by a municipality as unfit for human habitation; and providing criminal penalty”; to the Committee on the Judiciary.

By Delegate Rohrbach:

H. B. 4669 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-5-28, relating to the exclusion of participants in the state’s Jobs and Hope program from the forfeiture of their Medicaid benefits”; to the Committee on Health and Human Resources then Finance.

By Delegates Graves, Summers and Espinosa:

H. B. 4670 - “A Bill to amend and reenact §49-4-725 of the Code of West Virginia, 1931, as amended, relating to the juvenile restorative justice programs; providing definitions related to the juvenile restorative justice programs; establishing particular aspects of a voluntary restorative justice program including juveniles taking responsibility for their actions, focusing on repairing harm done by facilitated communication between victim, offender, and associated third parties or stakeholders; including victim-offender mediation, peacemaking circles, and family group conferencing as aspects of the restorative justice program; and include a process whereby all parties agree on how to reasonably repair the harm, which may include, but is not limited to, restitution, community service, or other reasonable sanctions”;  to the Committee on the Judiciary.

By Delegates Robinson, Hornbuckle, Hill, Pack, Rowan, Worrell, Rowe, Estep-Burton, Pushkin, Skaff and Byrd:

H. B. 4671 - “A Bill to amend and reenact §17B-1B-2 of the Code of West Virginia, 1931, as amended, relating to organ and tissue donation, and requiring the Division of Motor Vehicle to notify an applicant for a new or renewed Motor Vehicle License or Identification Card that he or she will be automatically added to the division’s organ donation registry unless the applicant expressly indicates that they do not consent to organ donation”;  to the Committee on Technology and Infrastructure then Government Organization.

By Delegates Cadle, Hott, Butler, Toney, J. Jeffries, Kessinger, Hardy, Bibby, Canestraro, Foster and Paynter:

H. B. 4672 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-13-3a, relating to requiring the Commissioner of the Division of Highways to provide adequate pull-off parking space along the state’s highway interstate system for those semitrailers and other vehicles that must stop at designated areas for weight, size or load limit inspection; and requiring rule-making”; to the Committee on Technology and Infrastructure then Finance.

By Delegates Criss, Bibby, Cadle, J. Jeffries, Miller, Maynard, Steele, Caputo, Worrell, Evans and Tomblin:

H. B. 4673 - “A Bill to amend and reenact §5D-1-2 and §5D-1-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §24-2-20, all relating to the Public Energy Authority Act of West Virginia; required environmental pollution controls for coal fired power plants; providing legislative findings; providing expedited recovery process for coal fired power plants owned by electric utilities in West Virginia; and providing procedures to ensure that no more coal-fired plants close and long-term state prosperity is maintained”; to the Committee on Energy then the Judiciary.

By Delegates Kessinger, Hardy, Hill, Bibby, Maynard, Fast, Rowan, P. Martin, Steele, Waxman and Pack:

H. B. 4674 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-30-1, §5-30-2, §5-30-3, §5-30-4, §5-30-5, and §5-30-6, all relating to creating the Act to Counter Boycotts, Divestments, and Sanctions of Israel; prohibiting public entities in the state from doing business with companies that engage in economic boycotts of Israel; requiring divestment; making findings; requiring reports; defining terms; and providing for severability”; to the Committee on the Judiciary.

By Delegates Wilson, Cooper, Bibby, Atkinson, Tomblin, Rodighiero, D. Jeffries, Sypolt, D. Kelly, Hott and Campbell:

H. B. 4675 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-2-56b, relating to permitting persons who routinely shoot or discharge firearms at a public shooting range to assist in its maintenance and upkeep; defining a term; and requiring rule-making”; to the Committee on the Judiciary.

By Delegates Linville, Ellington, Higginbotham, Householder, Dean, Lovejoy and Graves:

H. B. 4676 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5A-13-1, §5A-13-2, §5A-13-3, §5A-13-4, §5A-13-5, §5A-13-6, and §5A-13-7, all relating to establishing a West Virginia Saving Money and Reducing Time Prize Program; declaring legislative intent; establishing program within the Department of Administration; providing for program coordinator; granting rule-making authority to the  secretary of the department; defining criteria and subjects for prize awards; declaring eligibility of state institutions of higher learning and grounds for disqualification; requiring applications for prize awards; creating a West Virginia SMaRT Prize Review Board; declaring membership and duties; providing for determination of award and source of payments; restricting payment of awards out of realized savings; and establishing provisions for ownership and licensing of proposed solutions”; to the Committee on Education then Finance.

By Delegates Wilson and Waxman:

H. B. 4677 - “A Bill to amend the Code of West Virginia,1931, as amended, by adding thereto a new section, designated §18A-2-2b, relating to making public school teachers state employees”; to the Committee on Education.

By Delegate Wilson:

H. B. 4678 - “A Bill to amend and reenact §19-34-2 and §19-34-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §64-9-12, all relating to keeping reptiles and amphibians from being included on the Dangerous Wild Animal Board’s list of dangerous wild animals”; to the Committee on Agriculture and Natural Resources then Government Organization.

By Delegates Rowe and Fleischauer:

H. B. 4679 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-11-10b; and to amend said code by adding thereto a new section, designated 29-3B-2a, all relating to requiring contractors, electrical contractors or general contractors who perform electrical work a total contract cost of $25,000 or more to provide written notice to the property owner of the type and cost of electrical outlets specified for that work in the National Electrical Code of the National Fire Protection Association; and requiring the State Fire Marshall to develop and publish the form of the notice”; to the Committee on Fire Departments and Emergency Medical Services then Government Organization.

By Delegates Rohrbach, Kessinger, Hanna, Hornbuckle, Skaff, Walker, Hill, Pushkin, Robinson, Miller and Caputo:

H. B. 4680 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31-18-20e, relating to the creation of a West Virginia Housing Development Fund loan program for recovery residences; defining specifically how funds are to be used; and requirements imposed on recovery residences”; to the Committee on Prevention and Treatment of Substance Abuse then Finance.

By Delegates Campbell, D. Jeffries, Anderson, J. Kelly, Atkinson, Lavender-Bowe, Canestraro, Lovejoy, Fluharty, Bates and Miller:

H. B. 4681 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-15e, relating to requiring schools to offer elective vocational courses in middle schools”; to the Committee on Education then Finance.

By Delegates Campbell, Lavender-Bowe, Canestraro, Lovejoy, Fluharty, Bates, Miller, Robinson, Pack, Hicks and R. Thompson:

H. B. 4682 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10D-14, relating to requiring the Consolidated Public Retirement Board to increase by one percent, the monthly annuity payment for each retirant under a retirement system it administers, who has been receiving an annuity payment for at least 10 years”; to the Committee on Pensions and Retirement then Finance.

By Delegate Doyle:

H. B. 4683 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding there to a new article, designated §48-32-1, §48-32-2, §48-32-3, §48-32-4, §48-32-5, §48-32-6, §48-32-7, §48-32-8, §48-32-9, and §48-32-10, all related to extreme risk protection orders; establishing the ‘Better Safe than Sorry Act of 2020’; defining terms; establishing process for issuance of extreme risk protection order; establishing processes for issuance of ex parte extreme risk protection order; establishing requirements for issuance of extreme risk protection order; establishing notice requirements; requiring hearing on petition; setting forth the process for termination or renewal of extreme risk protection order; creating process by which firearms and ammunition are relinquished to law enforcement; providing for the return or disposal of firearms and ammunition; requiring extreme risk protection order be reported to Department of Military Affairs and Public Safety; and establishing that article does not otherwise affect law enforcement authority to remove firearm or ammunition from a person”; to the Committee on Health and Human Resources then the Judiciary.

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

H. B. 4684 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-4-56, relating to providing changing stations for persons with disabilities in all rest areas and welcome centers in the state”; to the Committee on Technology and Infrastructure then Finance.

By Delegates Cowles, Pethtel, Skaff, Storch and Summers:

H. B. 4685 - “A Bill to amend and reenact §31G-4-4 of the Code of West Virginia, 1931, as amended, relating to the regulatory authority of the Public Service Commission over make-ready pole access and use; authorizing the commission to promulgate its own rules; and matters to be considered in the promulgation of the rules”; to the Committee on Technology and Infrastructure then the Judiciary.

By Delegates Maynard, J. Jeffries, Worrell, Hill, Dean, Sypolt, Jennings, Pack, Hardy and Howell:

H. B. 4686 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5V-36, relating to providing that moneys in the West Virginia Emergency Medical Services Retirement Fund are exempt from any state or municipal tax, are not subject to execution, garnishment, attachment, or any other process whatsoever with the exception that the benefits or contributions under the system shall be subject to ‘qualified domestic relations orders’, and are generally unassignable”;  to the Committee on Pensions and Retirement then Finance.

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

H. B. 4687 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §23-4-1h, relating to workers’ compensation; and specifying that when a volunteer or part-volunteer firefighter is injured while performing tree or debris removal from state highways and rights-of-way, on behalf of the Commissioner of Highways, the injury is received in the course of and resulting from his or her covered employment”; to the Committee on Fire Departments and Emergency Medical Services then Finance.

By Delegates Maynard, Lovejoy, J. Jeffries, Worrell, Dean, Jennings, Pack and Hardy:

H. B. 4688 - “A Bill to amend and reenact §16-4C-24 of the Code of West Virginia, 1931, as amended, relating to transferring 0.5 percent of Medicaid surplus funds to the Emergency Medical Services Equipment and Training Fund”; to the Committee on Finance.

By Delegate Byrd:

H. B. 4689 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article designated §8-39-1; to amend said code by adding thereto a new article, designated §11-13FF-1, §11-13FF-2, §11-13FF-3, §11-13FF-4, §11-13FF-5, §11-13FF-6, §11-13FF-7, §11-13FF-8, §11-13FF-9,  §11-13FF-10, §11-13FF-11, §11-13FF-12 and §11-13FF-13; and to amend said code by adding thereto a new article, designated §11-13GG-1, §11-13GG-2, §11-13GG-3, §11-13GG-4, §11-13GG-5, §11-13GG-6, §11-13GG-7, §11-13GG-8, §11-13GG-9, §11-13GG-10, §11-13GG-11, §11-13GG-12 and §11-13GG-13, all relating to enacting the West Virginia Technology Attraction Act and the West Virginia Information and Technology Investment Act; expanding the availability of new technology resources in the state to enhance opportunities for technology investment and availability; providing for authorizing local governmental units to construct renewable solar technologies to businesses in their jurisdictions and establishing requirements and conditions thereto; providing a tax credit for construction of fiber optics technologies in the state; providing a tax credit for certain information and technology companies that create jobs in the state; requiring rulemaking and other requirements, conditions and limitations relating to tax credits created”;  to the Committee on Energy then Finance.

By Delegate Hill:

H. B. 4690 - “A Bill to amend and reenact §22-15-2 and §22-15-11 of the Code of West Virginia, 1931, as amended; to amend and reenact §22-15A-19 of said code; to amend and reenact §22-16-4 of said code; and to amend and reenact §22C-4-2 and §22C-4-30 of said code, all relating to solid waste facilities; specifying that a solid waste facility that accepts solid waste owned and transported by rail by a cost-sharing group or that accepts solid waste for water pollution abatement purposes is not a commercial solid waste facility; providing for exemption of such facilities from solid waste assessment fee; conforming definition of commercial solid waste facility in articles relating to recycling assessment fees, solid waste landfill assistance programs, and county and regional solid waste authorities; and providing for exemption of such facilities from solid waste assessment interim fees”; to the Committee on the Judiciary.

Special Calendar

Third Reading

H. B. 2164, Clarifying that appeals to the Supreme Court are a matter of right; 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. 81), 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. 2164) 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. 2892, Including digital and virtual information in the definition of property that can be searched and seized by a warrant; 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. 82), and there were—yeas 99, nays 1, absent and not voting none, with the nays being as follows:

Nays: McGeehan.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2892) 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. 4102, Relating to opioid antagonists; 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. 83), 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. 4102) passed.

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

Com. Sub. for H. B. 4102 - A Bill to amend and reenact §16-46-3 and §16-46-6 of the Code of West Virginia, 1931, as amended; and to amend and reenact §60A-9-4 of said code, all relating to opioid antagonists; prescribing an opioid antagonist; possessing an opioid antagonist; dispensing an opioid antagonist; providing an opioid antagonist; collecting data related to an opioid antagonist; requiring certain reporting of an opioid antagonist; providing immunity; making technical changes.”

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

On this question, the yeas and nays were taken (Roll No. 84), and there were—yeas 98, nays 2, absent and not voting none, with the nays being as follows:

Nays: Cadle and Foster.

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. 4102) takes effect from its passage.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

Com. Sub. for H. B. 4137, Allowing counties to store and maintain voter registration records in a digital format; on third reading, coming up in regular order, was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 85), and there were—yeas 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. 4137) 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. 4356, Relating to the administration of anesthetics; on third reading, coming up in regular order, was reported by the Clerk.

Delegate Skaff asked and obtained unanimous consent to amend the bill on third reading and the rule was suspended to permit the offering and consideration of an amendment on third reading.

Delegates Skaff and Staggers moved to amend the bill on page one, section fifteen, line nine, following the word “anesthesia”, by inserting the words “at critical access hospitals”.

During debate, Delegate Skaff moved that the bill be postponed one day.

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. 86), and there were—yeas 50, nays 49, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Speaker Hanshaw, Anderson, Atkinson, Barnhart, Bartlett, Bibby, Butler, Capito, Cooper, Criss, Dean, Ellington, Espinosa, Fast, Foster, Graves, Hamrick, Hanna, Hardy, Higginbotham, Hill, Hott, Householder, Howell, D. Jeffries, J. Jeffries, Jennings, D. Kelly, J. Kelly, Kessinger, Kump, Linville, Little, Mandt, C.R. Martin, P. Martin, Maynard, Pack, Paynter, Phillips, Porterfield, Pushkin, Queen, Rowan, Steele, Summers, Toney, Waxman and Worrell.

Absent and Not Voting: Wilson.

So, a majority of the members present and voting having voted in the affirmative, the motion was adopted and the bill was postponed one day.

H. B. 4412, Relating to education benefits to members of the West Virginia Army National Guard and West Virginia Air National Guard; on third reading, coming up in regular order, was read a third time.

Delegate S. Brown requested to be excused from voting on H. B. 4412 under the provisions of House Rule 49.

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

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 87), 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: Pyles.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4412) passed.

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

On this question, the yeas and nays were taken (Roll No. 88), 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: Pyles.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4412) takes effect from its passage.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

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

Delegate Hill obtained unanimous consent to amend the bill on third reading and the rule was suspended to permit the offering and consideration of an amendment on third reading.

On motion of Delegate Hill, the bill was amended on page one, after the enacting clause by inserting the following:

ARTICLE 1. DEPARTMENT OF COMMERCE.

§5B-1-9. West Virginia Health Care Workforce Sustainability Study.

Having been engrossed, the bill was then read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 89), and there were—yeas 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. 4434) passed.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

Second Reading

Com. Sub. for S. B. 311, Relating to court-ordered community service; on second reading, coming up in regular order, was read a second time and ordered to third reading.

Com. Sub. for S. B. 357, Authorizing Department of Revenue promulgate legislative rules; on second reading, coming up in regular order, was read a second time and ordered to third reading.

Com. Sub. for H. B. 2967, Permitting a county to retain the excise taxes for the privilege of transferring title of real estate; 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. 4090, Creating the Oil and Gas Abandoned Well Plugging Fund; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 4161, Making it illegal to scleral tattoo a person; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 4375, Speech-Language Pathologists and Audiologists Compact; 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. 4378, Relating to disciplining teachers; 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. 4395, Removing the requirement that a veterinarian access and report to the controlled substance monitoring database; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

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; 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. 4414, Relating to the selection of language and development milestones for the deaf and hard-of-hearing children; on second reading, coming up in regular order, was read a second time.

On motion of Delegate Rowan, the bill was amended on page three, line forty-four, following “(IFSP)”, by inserting the words “individual education plan (IEP)”.

And,

On page three, line forty-five, following “IFSP”, by inserting the words “or IEP”.

The bill was then ordered to engrossment and third reading.

Com. Sub. for H. B. 4415, Relating to missing and endangered children; 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. 4438, Relating to the licensing of advance deposit wagering; on second reading, coming up in regular order, was read a second time.

An amendment recommended by the Committee on Finance, was reported by the Clerk, on page one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:

ARTICLE 23. HORSE AND DOG RACING.

§19-23-12e. Licensing of advance deposit account wagering.

(a) As used in this section:

‘Account’ means an advance deposit account wagering account owned by an account holder and managed by an ADW licensee that the Racing Commission has determined will maintain a specific identifiable record of account deposits, wagers, credits, debits, and withdrawals and protect the account holder’s confidential information.

‘Account holder’ means a resident individual, at least 18 years of age who applies for and successfully opens an account with an ADW licensee.

‘Advance deposit account wagering’ means a method of pari-mutuel wagering that is permissible under the Interstate Horseracing Act, 15 U.S.C. §3001, et seq., in which an individual may establish an account with a person or entity, licensed by the Racing Commission, to place pari-mutuel wagers on horse or greyhound racing with the ADW licensee via electronic media or by telephone, but not including account wagering conducted through a licensee under §19-23-9(a) of this code, and the Racing Commission’s rules thereunder with respect to wagering conducted pursuant to Racing Commission Rule §178-5-5.

‘Advance deposit account wagering licensee’ means an entity licensed by the Racing Commission to conduct advance deposit account wagering that accepts deposits and wagers, issues a receipt or other confirmation to the account holder evidencing the deposits and wagers and transfers credits and debits to and from an account.

‘ADW’ means advance deposit account wagering.

‘Confidential information’ means: (A) The amount of money credited to, debited from, withdrawn from, or present in an account; (B) the amount of money wagered by an account holder on any race or series or races, or the identities of racing associations on which the account holder is wagering or has wagered; (C) the account number and secure personal identification information of an account holder; and (D) unless authorized by the account holder, the name, address, or other information that would identify the account holder to any person or entity other than the Racing Commission or the ADW licensee that manages the account.

‘Electronic media’ means any electronic communication device or combination of devices including, but not limited to, personal computers, the Internet, private networks, interactive televisions, and wireless communication technologies or other technologies approved by the Racing Commission.

‘Licensee’ means any racing association holding a license as defined by §19-23-3 of this code;

‘Located’ means, in regard to a resident account holder, where his or her principal residence is located.

‘Principal residence’ means the street address identified by a resident account holder as that individual’s residential address, as the address may be verified by the ADW licensee to the satisfaction of the Racing Commission.

‘Resident’ is an individual who: (A) Is domiciled in West Virginia; (B) maintains a place of abode and spends at least 183 days within a calendar year in West Virginia; or (C) lists an address in West Virginia as his or her principal residence when opening an account.

‘Source market fee’ means a fee paid by the ADW licensee, which shall be five percent of the total amount wagered through the ADW licensee by residents under this section, excluding refunds and cancellations, payable on a monthly basis to the Racing Commission and distributed as set forth in subsection (b) of this section.

‘Total handle’ means the total annual dollar sales amount of all pari-mutuel wagering on horse and greyhound races conducted at, or generated from imports or exports of simulcast horse and greyhound races to or from, a licensee, including all moneys from wagering conducted under §19-23-9, §19-23-12a, §19-23-12b, and §19-23-12c of this code, but excluding refunds, cancellations, and advance deposit account wagering under this section.

(b) The source market fee shall be paid by the ADW licensee on a monthly basis to the Racing Commission and distributed as provided in this subsection.

(1) The Racing Commission shall prorate all source market fees derived from wagers of account holders between the licensees by dividing each licensee’s total handle by the total handle of all West Virginia licensees in the prior calendar year, and distribute the prorated amounts as follows:

(A) Ten percent of each horse racing licensee’s prorated amount to the West Virginia Thoroughbred Development Fund or ten percent of each dog racing licensee’s prorated amount to the West Virginia Racing Commission Special Account-West Virginia Greyhound Breeding Development Fund;

(B) Forty-five percent to the purse fund of each prorated licensee; and

(C) Forty-five percent to each prorated licensee.

(c) The advance deposit account wagers placed by account holders with an ADW licensee licensed by the Racing Commission in accordance with this section are authorized and the provisions of §61-10-1 et seq. of this code relating to gaming do not apply to advance deposit account wagering conducted in accordance with this section.

(d) The Racing Commission is vested with jurisdiction over any person or entity that solicits account holders or offers advance deposit account wagering in West Virginia. Any person or entity that solicits account holders or offers advance deposit account wagering in West Virginia shall be licensed and the Racing Commission may impose a nonrefundable initial and annual renewal licensing application fee not to exceed $5,000.  The Racing Commission may also require any applicant for an initial or renewal ADW license to bear the costs involved in conducting background checks and reviews. If a licensee, or an affiliate of a licensee, applies for an ADW license under this section, all fees under this subsection shall be deemed paid and an ADW license issued as part of a licensee’s annual licensing, or, if the license application is submitted apart from annual licensing, an ADW license shall be issued at the time the application is submitted.

(e) A person or entity may not conduct advance deposit account wagering in West Virginia unless the person or entity has applied for and been granted an ADW license by the Racing Commission. The Racing Commission shall also ensure that, except for advance deposit account wagering authorized under this section, all pari-mutuel wagering on racing is conducted within the confines of a licensee’s racetrack or licensed contiguous hotel, as permitted under §19-23-9(a) and §19-23-12a(1) of this code and implementing rules thereunder, including Racing Commission Rule §178-5-5, or within an authorized gaming facility in a historic resort hotel, as permitted under §19-23-12d of this code and implementing rules thereunder.

(f) Any person who is not licensed as an advance deposit account wagering licensee by the Racing Commission who accepts an advance deposit account wager from a resident is guilty of a felony and, upon conviction thereof, shall be fined not more than $50,000 or imprisoned in a state correctional facility not more than five years, or both fined and imprisoned. Further, the court shall order any convicted person to pay restitution to recover all amounts that would have been payable to the Racing Commission under this section.

(g) The Racing Commission may seek injunctive relief against any person who is not licensed as an advance deposit account wagering licensee by the Racing Commission who accepts or attempts to accept an advance deposit account wager from a resident. The Racing Commission may also seek recovery of all amounts that would have been payable to the Racing Commission under this section, damages equal to three times the amount of recovery, and reasonable costs and attorney fees. Damages recovered by the Racing Commission shall be distributed as source market fees under this section.

(h) There is hereby assessed a regulatory fee paid by the ADW licensee, which shall be one percent of the total amount wagered through the ADW licensee by residents under this section, excluding refunds and cancellations, payable on a monthly basis to the Racing Commission for deposit into the Racing Commission’s general administrative account.

(i) Advance deposit account wagers placed by residents are considered to be wagering conducted in this state and subject to the laws of this state and the rules of the Racing Commission.

(j) The Racing Commission may propose legislative rules for promulgation, pursuant to §29A-3-1 et seq. of this code to implement this section and may propose emergency rules to provide conditions for the licensing of advance deposit account wagering. Those rules may include, but are not limited to: (1) standards, qualifications, and procedures for the issuance of an advance deposit account wagering license in West Virginia; (2) rules establishing initial and renewal license fees and payment of same to the Racing Commission to cover the costs of licensing ADW licensees; (3) provisions regarding the collection and distribution of those fees; (4) provisions regarding access to books and records and submission to investigations and audits by the Racing Commission; (5) standards and procedures for opening, maintaining, operating, and securing ADW accounts, as well as protecting confidential information therein; and (6) any other conditions to ensure an orderly process of accepting ADW wagers in acting in the best interests of the West Virginia horse and dog racing industries.”

On motion of Delegates Householder and Espinosa, the amendment was amended, on page two, section twelve-e, line four, following the words “race or series”, by striking out the word “or” and inserting in lieu thereof the word “of”.

The Finance Committee amendment, as amended, was then adopted.

The bill was then ordered to engrossment and third reading.

H. B. 4559, Modifying the limitations on civil actions against the perpetrator of sexual assault or sexual abuse upon a minor; 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. 4352, Removing the use of post-criminal conduct in professional and occupational initial licensure or certification in decision making,

H. B. 4380, Updating the regulatory board review schedule,

And,

Com. Sub. for H. B. 4509, Transferring the Parole Board to the Division of Corrections and Rehabilitation for purposes of administrative and other support.

Miscellaneous Business

Delegate Pyles announced that he was absent when the vote was taken on H. B. 4412, and had he been present, he would have voted “Yea” thereon.

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

- Delegate Maynard regarding the death of former Delegate Ted Ellis

- Delegate Longstreth regarding H. B. 2732

- Delegate J. Kelly during Remarks by Members

-  Delegate McGeehan during Remarks by Members

-  Delegate Hornbuckle during Remarks by Members

-  Delegate Graves during Remarks by Members

-  Delegate Robinson during Remarks by Members

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

-   Delegate Pyles for H. B. 2077, H. B. 2080, H. B. 2224, H. B. 2382, H. B. 2376, H. B.              3058, H. B. 4467, H. B. 4493, H. B. 4608, H. B. 4624, H. B. 4636 and H. B. 4640

-   Delegate Porterfield for H. B. 4192, H. B. 4513, H. B. 4514 and H. B. 4642

-   Delegates Fluharty, Hansen, Lavender-Bowe, Queen and Skaff for H. B. 4689

-   Delegate Cowles for H. B. 4455

-   Delegate Robinson for H. B. 2902

-   Delegate S. Brown for H. B. 4641

-   Delegate Toney for H. B. 2588

-   Delegate Kump for H. B. 4677 and H. B. 4678

-   Delegate Wilson for H. B. 4457

-   Delegate Criss for H. B. 4639

-   Delegate Steele for H. B. 4650

-   Delegate Fluharty for H. B. 4524

-   Delegate Lovejoy for H. B. 4689

-   Delegate Hott for H. B. 4514

-   Delegate Nelson for H. B. 4543

-   Delegate Mandt for H. B. 4493 and H. B. 4543

-   Delegate Lavender-Bowe for H. B. 4494

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

-   Delegate D. Jeffries for H. B. 4543

-   Delegate Pethtel for H. B. 4615

-   Delegate Criss for H. B. 4641

-   Delegate Miller for H. B. 4069

-   Delegate Azinger for H. B. 4562

-   Delegate Paynter for H. B. 4661

At 2:05 p.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, February 5, 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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