House Journal

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Thursday, February 6, 2020

THIRTIETH DAY

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

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

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

The Clerk proceeded to read the Journal of Wednesday, February 5, 2020, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

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

Your Committee on Government Organization has had under consideration:

H. B. 4159, Relating to the manufacture and sale of hard cider,

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

In accordance with the former direction of the Speaker, the bill (H. B. 4159) was referred to the Committee on the Judiciary.

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

Your Committee on Government Organization has had under consideration:

H. B. 4663, Eliminating certain payments to the Alcohol Beverage Control Commissioner from distilleries and mini-distilleries,

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

In accordance with the former direction of the Speaker, the bill (H. B. 4663) was referred to the Committee on Finance.

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

Your Committee on Government Organization has had under consideration:

H. B. 4626, West Virginia Development Achievements Transparency Act,

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

In accordance with the former direction of the Speaker, the bill (H. B. 4626) was referred to the Committee on the Judiciary.

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

Your Committee on Technology and Infrastructure has had under consideration:

H. B. 4613, Allowing the Division of Highways use money in the Gas Field Highway Repair and Horizontal Drilling Waste Study Fund,

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

In accordance with the former direction of the Speaker, the bill (H. B. 4613) was referred to the Committee on Finance.

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

Your Committee on Technology and Infrastructure has had under consideration:

H. B. 4015, Relating to Broadband Enhancement and Expansion,

H. B. 4512, Creating a work permit driver’s license program,

And,

H. B. 4522, Allowing division to accept documents compliant with Real ID Act for proof of identity,

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

In accordance with the former direction of the Speaker, the bills (H. B. 4015, H. B. 4512 and H. B. 4522) were each referred to the Committee on the Judiciary.

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

Your Committee on Technology and Infrastructure has had under consideration:

H. B. 2961, Permitting the commissioner to require a water supply system be equipped with a backflow prevention assembly,

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

In accordance with the former direction of the Speaker, the bill (H. B. 2961) was referred to the Committee on Government Organization.

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

Your Committee on Technology and Infrastructure has had under consideration:

H. B. 2897, Relating to driving restrictions in school zones,

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 Education.

In accordance with the former direction of the Speaker, the bill (H. B. 2897) was referred to the Committee on Education.

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

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

H. B. 4519, Establishing a summer youth intern pilot program within Department of Commerce,

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

In accordance with the former direction of the Speaker, the bill (H. B. 4519) was referred to the Committee on Education.

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

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

H. B. 4449, Requiring state purchases of certain items to be made from authorized dealers in this state,

And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Government Organization.

In accordance with the former direction of the Speaker, the bill (H. B. 4449) was referred to the Committee on Government Organization.

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:

Com. Sub. for S. B. 364, Authorizing Department of Transportation promulgate legislative rules,

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

Delegate Rowan, Chair of the Committee on Senior, Children, and Family Issues, submitted the following report, which was received:

Your Committee on Senior, Children, and Family Issues has had under consideration:

H. B. 4648, The Parenting Fairness Act of 2020,

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. 4648) was referred to the Committee on the Judiciary.

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. 4069, West Virginia Student Religious Liberties Act,

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

Com. Sub. for H. B. 4069 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-33-1, §18-33-2, §18-33-3, §18-33-4, §18-33-5, §18-33-6, §18-33-7, and §18-33-8, all relating to creating the West Virginia Student Religious Liberties Act; providing that public school district shall not discriminate against a student’s religious viewpoint or religious expression; providing that students may express their beliefs about religion in homework, artwork and other written assignments without being penalized or rewarded; providing that students in public schools may pray or engage in religious activities or religious expression before, during or after the school day; requiring school districts to adopt and implement a policy substantially similar to the model policy set forth herein; setting forth parameters for student speakers at nongraduation events; setting forth  parameters for speakers at graduation ceremonies; providing for disclaimers by school authorities; providing that the act may not require participation in religious activity or violate a person’s constitutional rights; ensuring that public schools may still maintain order and discipline, protect the safety of students, employees, and visitors of the public school, and adopt and enforce policies and procedures; and providing an effective date,”

With the recommendation that the committee substitute do pass.

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

By Delegates Ellington, Higginbotham, Dean, Hanna, Hornbuckle, Estep-Burton, Lavender-Bowe and C. Thompson:

H. B. 4735 – “A Bill to amend and reenact §18-5-22 of the Code of West Virginia, 1931, as amended, related to the employment of at least one school nurse or licensed practical nurse, as appropriate, at every school.”

The Speaker referred the bill to the Committee on Finance.

Messages from the Executive

Delegate Hanshaw (Mr. Speaker) presented a communication from His Excellency, the Governor, advising that on February 5, 2020, he approved H. B. 4130.

Messages from the Senate

A message from the Senate, by

The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates, as follows:

Com. Sub. for H. B. 4091, Allowing for expedited oil and gas well permitting upon payment of applicable expedited fees.

A message from the Senate, by

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

H. B. 4393, Relating to making suffocation and asphyxiation crimes.

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

H. B. 4393 - “A Bill to amend and reenact §61-2-9d of the Code of West Virginia, 1931, as amended, relating to creating the criminal offenses of suffocation and asphyxiation; and establishing criminal penalties therefor.”

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. 107), 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: Jennings.

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4393) 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

Com. Sub. for S. B. 190 - “A Bill to amend and reenact §29-22A-10b of the Code of West Virginia, 1931, as amended, relating to modifying the requirement that a racetrack must have participated in the West Virginia Thoroughbred Development Fund since, on, or before January 1, 1999, in order for counties to receive two percent of the net terminal income where the video lottery terminals are located”; which was referred to the Committee on Finance.

A message from the Senate, by

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

S. B. 300 - “A Bill to amend and reenact §11-24-3 of the Code of West Virginia, 1931, as amended, relating to updating the meaning of federal taxable income and certain other terms used in the West Virginia Corporation Net Income Tax Act; and specifying effective dates”; which was referred to the Committee on Finance.

A message from the Senate, by

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

Com. Sub. for S. B. 308 - “A Bill to amend and reenact §55-7J-6 of the Code of West Virginia, 1931, as amended, relating to creating criminal penalties for violation of orders issued for the protection of victims of financial exploitation; and establishing criminal penalties”; which was referred to the Committee on Senior, Children, and Family Issues then the Judiciary.

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. 316 - “A Bill to amend and reenact §22C-9-4 of the Code of West Virginia, 1931, as amended, relating to membership of the Oil and Gas Conservation Commission; and revising qualifications of appointed public member and of appointed member who serves as chair of commission”; which was referred to the Committee on Energy.

A message from the Senate, by

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

Com. Sub. for S. B. 544 - “A Bill to amend and reenact §30-5-7 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Pharmacy, the Board of Medicine, and the Board of Osteopathic Medicine to propose joint rules to permit a licensed pharmacist and a pharmacy intern to administer vaccines in accordance with the Center for Disease Control and Prevention’s latest definitive treatment guidelines promulgated by the U.S. Department of Health and Human Resources, Centers for Disease Control and Prevention (CDC); and requiring that such joint rules shall permit a licensed pharmacist or pharmacy intern to administer immunizations in accordance with the latest definitive treatment guidelines promulgated by the CDC guidelines”; which was referred to the Committee on Health and Human Resources.

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. 551 - “A Bill to amend and reenact §8-12-17 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §24-2-4g, all relating generally to the Water and Wastewater Investment and Infrastructure Improvement Act to encourage investment in water and wastewater utilities; describing and expanding permissible uses for proceeds of a sale or lease of a municipal utility; making legislative findings on the valuation of utility assets in the context of certain utility acquisitions and the combination or allocation of water and wastewater revenue requirements; making legislative findings on the valuation of utility assets in the context of an acquisition; establishing a range within which a post-acquisition rate-base addition is to be established; providing for ancillary approvals; specifying preliminary agreements and commitments not requiring prior approval; authorizing the Public Service Commission to combine water and wastewater revenue requirements or allocate a portion of wastewater revenue requirement to water customers where a utility provides both water and wastewater service, and where the combination or allocation is reasonable and results in water and wastewater rates that are just and reasonable and based primarily on the cost of providing service; and setting forth defined terms”; 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. 560 - “A Bill to repeal §30-7D-1, §30-7D-2, §30-7D-3, §30-7D-4, §30-7D-5, §30-7D-6, §30-7D-7, §30-7D-8, §30-7D-9, §30-7D-10, §30-7D-11, §30-7D-12, and §30-7D-13 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §16-5AA-1, §16-5AA-2, §16-5AA-3, §16-5AA-4, §16-5AA-5, §16-5AA-6, §16-5AA-7, §16-5AA-8, §16-5AA-9, and §16-5AA-10, all relating to permitting a nursing home to use trained individuals to administer medication under the direction of a registered professional nurse; defining terms; authorizing approved medication assistive personnel (AMAP) to administer medication in nursing homes; providing certain exemptions from chapter 30 licensing requirements; establishing requirements for training curricula and national Medication Aide Certification Examination procedures; establishing eligibility criteria; establishing requirements  for AMAP to  administer medication; requiring nursing homes using AMAP to establish an administrative monitoring system; permitting a registered professional nurse to withdraw authorization for AMAP to administer medications in certain circumstances; allowing certain fees to be collected; providing limits on administration of medication by AMAP; providing that use of AMAP in nursing homes is permissive; and repealing a pilot program designed to monitor the practice of unlicensed personnel administering medication in a nursing home setting”; which was referred to the Committee on Health and Human Resources.

Resolutions Introduced

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

H. C. R. 64 - “Requesting the Division of Highways name bridge number: 20-015/02-000.01  (20A851), (38.33033, -81.69786) locally known as Davis Creek WYE BRIDGE, carrying CR 15/2 over Davis Creek in Kanawha County, the ‘U. S. Army SP5 Benny Ray Snodgrass Memorial Bridge’.”

Whereas, Benny Ray Snodgrass was born January 10, 1940, in Charleston, Kanawha County, West Virginia, to parents Benjamin and Tina Hager Snodgrass; and

Whereas, Benny Ray Snodgrass attended public schools in the Charleston area before enlisting in the United States Army in 1963.; and

Whereas, Benny Ray Snodgrass served his country and completed a tour of duty in Vietnam at which time he was exposed to the toxic chemical, “agent orange”. During his military service, the Vietnam veteran was awarded expert medals for carbine and M14 Rifle, Sharpshooter medal with M1 Rifle, Vietnam Service Medal, National Defense Service Medal, Driver and Mechanic Badge with Bar and Good Conduct Medal; and

Whereas, Benny Ray Snodgrass and his wife, Carolyn Byrd Snodgrass, raised their children to respect their country and its flag; and

Whereas, Benny Ray Snodgrass was a lifelong, proud member of the Teamsters Union as an over-the-road truck driver; and in retirement, the veteran became an avid golfer; and

Whereas, Benny Ray Snodgrass died March 12, 2017; and

Whereas, It is fitting that an enduring memorial be established to commemorate U. S. Army SP5 Benny Ray Snodgrass 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: 20-015/02-000.01  (20A851), (38.33033, -81.69786) locally known as Davis  Creek WYE BRIDGE, carrying CR 15/2 over Davis Creek in Kanawha County, the “U. S. Army SP5 Benny Ray Snodgrass Memorial Bridge”; and be it

Further Resolved, That the Division of Highways is hereby requested to erect signs in bold and prominent letters identifying the bridge as the “U. S. Army SP5 Benny Ray Snodgrass 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 Maynard, Linville, Worrell, Lovejoy, Mandt, J. Jeffries and Rohrbach offered the following resolution, which was read by its title and referred to the Committee on Technology and Infrastructure then Rules:

H. C. R. 65 - “Requesting the Division of Highways name bridge number 22-037/00-004.35 (22A059), (38.10346, -82.17775) locally known as East Fork Bridge, carrying WV 37 over East Fork in Lincoln County, the ‘U. S. Army TEC5 Donald “Tiny” Lucas Memorial Bridge’.”

Whereas, U. S. Army Technician Fifth Grade Donald “Tiny” Lucas was born on October 16, 1923, and passed away on June 4, 2009; and

Whereas, Technician Lucas served in the United States Army, attained the rank of Technician Fifth Grade, and was honorably discharged on January 28,1946; and

Whereas, Technician Lucas owned a grocery store in Ranger, and after his death it was determined that over the years he had given thousands of dollars’ worth of food to residents and customers in Ranger; and

Whereas, It is fitting that an enduring memorial be established to commemorate Technician Lucas and his contributions to his country, state, and community; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name bridge number 22-037/00-004.35 (22A059), (38.10346, -82.17775) locally known as East Fork Bridge, carrying WV 37 over East Fork in Lincoln County, the “U. S. Army TEC5 Donald ‘Tiny’ Lucas Memorial Bridge”; and, be it

Further Resolved, That the Division of Highways is hereby requested to erect signs containing bold letters identifying the bridge as the “U. S. Army TEC5 Donald ‘Tiny’ Lucas 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 Bartlett, Graves, D. Jeffries, Butler and Skaff offered the following resolution, which was read by its title and referred to the Committee on Technology and Infrastructure then Rules:

H. C. R. 66 - “Requesting the Division of Highways name bridge number: 20-21-1.39 (20A884) (38.39324, -81.65749), locally known as Kanawha Two Mile Bridge, carrying CR 21 over Kanawha Two Mile Creek in Kanawha County, the ‘U. S. Army Sgt. Joseph W. McCutcheon Memorial Bridge’.”

Whereas, Joseph W. McCutcheon was born August 26, 1911, the son of Ardena and Ernest McCutcheon and was a lifelong resident of Kanawha County, growing up as a child on Falcon Drive, Charleston, West Virginia.  He enlisted in the U. S. Army February 23, 1944, as an infantryman and saw action in Ardennes, Rhineland and Central Europe. Among his decorations and citations were the EAMA Campaign Ribbon with three bronze stars; and

Whereas, Sgt. Joseph W. McCutcheon, after his discharge from service on April 16, 1946, married Virginia Hayzlett. They had six children and lived near Sissonville Drive, within 300 yards of the bridge over Kanawha Two Mile Creek; and

Whereas, U. S. Army Sgt. Joseph W. McCutcheon passed away on February 21, 1963, having served his country, state, and community faithfully; and

Whereas, It is fitting that an enduring memorial be established to commemorate U. S. Army Sgt. Joseph W. McCutcheon 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: 20-21-1.39 (20A884) (38.39324, -81.65749), locally known as Kanawha Two Mile Bridge, carrying CR 21 over Kanawha Two Mile Creek in Kanawha County, the “U. S. Army Sgt. Joseph W. McCutcheon Memorial Bridge”; and, be it

Further Resolved, That the Division of Highways is hereby requested to erect signs containing bold and prominent letters identifying the bridge as the “U. S. Army Sgt. Joseph W. McCutcheon 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 Sponaugle, Skaff, Hott, Rowan, Criss, Householder, Hartman, C. Thompson, Boggs, Byrd and Campbell offered the following resolution, which was read by its title and referred to the Committee on Technology and Infrastructure then Rules:

H. C. R. 67 - “Requesting the Division of Highways name bridge number 16-048/00-008.59 (16A143), locally known as U. S. 220 Overpass Bridge, carrying U. S. 48 over U. S. 220 in Hardy County, West Virginia, the ‘First Lieutenant Fred Omar Pratt Memorial Bridge’.”

Whereas, First Lieutenant Fred Omar Pratt was born on August 17, 1941, the son of Edwin M. Pratt, Sr. and Vern Hose Pratt of Moorefield in Hardy County; and

Whereas, On October 13, 1958, Pratt enlisted in the U.S. Army and served tours of duty in Japan, Korea, and Vietnam and was a distinguished graduate of the Airborne School and served as a Ranger in the 101^st Airborne Division in Vietnam during 1962.  That same year, Pratt volunteered for Special Forces and returned to the United States for further training.  After winning the Green Beret, he was appointed to attend Officers’ Candidate School in Fort Benning, Georgia.  There, he was elected to the honored position of Council of President of the Battalion and was named distinguished graduate of his class; and

Whereas, First Lieutenant Fred Omar Pratt attended the U.S. Army’s Rotary Wing Flight School and returned to Vietnam in June 1968.  He served as a C Model Gun Ship Pilot in the 155th Assault Helicopter Company.  On August 23, 1968, Pratt distinguished himself by exceptionally valorous actions while serving as pilot of a UH-1 Huey helicopter gunship supporting friendly Special Forces and MACV compounds in the vicinity of DucLop South Vietnam that were under attack by an enemy regiment.  During the battle, First Lieutenant Pratt observed a tree line in which large enemy forces had concentrated and began to attack the enemy force; and

Whereas, In the course of combat on August 23, 1968, First Lieutenant Fred Omar Pratt’s aircraft sustained numerous hits from anti-aircraft fire and was downed.  Under heavy mortar and automatic weapons fire and being injured in the arm and back himself, Pratt tended to his seriously injured crew chief and exposed himself to enemy fire to summon aid for his crew.  Upon reaching a secure area, Pratt continued to give aid to his injured crew chief while refusing treatment for himself; and

Whereas, On August 26, 1968, First Lieutenant Fred Omar Pratt insisted on returning to battle in light of dire circumstances and aggressive actions by NVA forces whereby the enemy had captured half the camp.  Upon arrival in the area of aggression, Pratt took actions against a large enemy force drawing heavy fire.  During this engagement, he was fatally wounded.  His co-pilot returned the heavily damaged gunship to the 155^th AHC at Ban Me Thuot; and

Whereas, For his gallant and courageous efforts, First Lieutenant Fred Omar Pratt was awarded the Silver Star for gallantry in action (Posthumous), the Distinguished Flying Cross for heroism (Posthumous), the Air Medal with Seven Oak Leaf Clusters, the Purple Heart (twice), the National Defense Service medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal,  two of the highest awards for bravery awarded by Vietnamese government; and

Whereas, In June of 1974, the U.S. Army dedicated the Flight Simulator Building, Building 4901, at the U.S. Army Aviation School at Fort Rucker, Alabama as “Pratt Hall” in his honor.  This building houses the most sophisticated flight simulator systems used to train Army Aviators; and

Whereas, First Lieutenant Fred Omar Pratt left behind a loving wife, three young sons as well as his beloved brothers and sisters and many other family members and friends.  Those who served with him were proud to do so, and one comrade stated that: “we wish for him a peaceful eternal rest and those who remember and mourn his sacrifice are mindful of his duty and service in fighting for and protecting the freedoms that we enjoy today”; and 

Whereas, Many in the Moorefield, West Virginia community today still remember the young man who went off to serve his country and did not return; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name bridge number 16-048/00-008.59 (16A143), locally known as U. S. 220 Overpass Bridge, carrying U. S. 48 over U. S. 220 in Hardy County, West Virginia, the “First Lieutenant Fred Omar Pratt Memorial Bridge”; and, be it

Further Resolved, That the Division of Highways is hereby requested to erect signs containing bold and prominent letters identifying bridge number 16-048/00-008.59 (16A143), locally known as US 220 Overpass Bridge, as “First Lieutenant Fred Omar Pratt Memorial Bridge”; and, be it

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

Motions

Delegate Bates moved, under the provisions of House Rule 82, to discharge H. B. 4368, Relating to the Medical Cannabis Act, from the Committee on Health and Human Resources.

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

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

The yeas and nays having been ordered, they were taken (Roll No. 108), and there were—yeas 54, nays 44, absent and not voting 2, with the nays and absent and not voting being as follows:

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

Absent and Not Voting: Jennings and Nelson.

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

Bills Introduced

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

By Delegates Miley, Barrett, Bates, Hornbuckle and Worrell:

H. B. 4712 - “A Bill to amend and reenact §2-2-10 of the Code of West Virginia, 1931, as amended; to amend and reenact §18-1-1 of said code; and to amend and reenact §18-5-1 and 18-5-1b of said code, all relating to consolidating the 55 county school boards into 10 district school boards; redefining terms ‘county school board’ or ‘school district board’ and ‘county superintendent’; abolishing county school district boards of education by July 1, 2025; establishing school district boards of education; providing requirements for the application of rules; requiring a transition plan by December 1, 2020; and establishing membership for school district boards of education”; to the Committee on Education then Finance.

By Delegates Graves, J. Jeffries, Hanna, D. Jeffries, McGeehan, Phillips, Howell, Cowles and Miley:

H. B. 4713 - “A Bill to amend and reenact §8-6-4a and §8-6-5 of the Code of West Virginia, 1931, as amended, all relating to annexation by minor boundary adjustment; clarifying language regarding entry of order by county commission following annexation of property within urban growth boundary by minor boundary adjustment; requiring that municipality as part of application provide affidavit that persons, businesses, and freeholders in additional territory consent to inclusion in annexation; providing procedure when affected party is unavailable to provide affidavit; requiring county commission to enter order denying application for minor boundary adjustment annexation upon determination that annexation could be efficiently and cost effectively accomplished under other provisions of said code, that application lacks evidence of consent of all affected parties, or is otherwise insufficient; and prohibiting municipality from applying for annexation by minor boundary adjustment for two years after denial of application”; to the Committee on the Judiciary.

By Delegates Howell, C. Martin and Ellington:

H. B. 4714 - “A Bill to amend and reenact §29-19-6 of the Code of West Virginia, 1931, as amended, relating to increasing the monetary threshold for requiring nonprofit organizations to register as a charitable organization to be consistent with the United States Internal Revenue Service and other states”; to the Committee on Government Organization.

By Delegates Capito, Nelson, Byrd, Robinson, Pushkin, Estep-Burton, Rowe, Skaff, Bartlett and D. Jeffries:

H. B. 4715 - “A Bill to amend and reenact §8-14-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §8-15-1 of said code, all relating to authorizing municipalities to take action to grant certain fire department employees limited power of arrest and investigation; allowing those persons to make arrests and obtain arrest warrants in certain circumstances; and requiring those persons to complete an initial and annual training”; to the Committee on Political Subdivisions then the Judiciary.

By Delegate Rohrbach:

H. B. 4716 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §29-6A-1, §29-6A-2, §29-6A-3, §29-6A-4, and §29-6A-5, all relating to enacting the Ban-the-Box Act, prohibiting public employers from asking applicants for employment to disclose information concerning the applicant’s criminal record or history, under certain circumstances”; to the Committee on Industry and Labor then the Judiciary.

By Delegates Shott, Kump, Fleischauer and Wilson:

H. B. 4717 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60A-7-708, relating to the monitoring and reporting of seizures, forfeitures, and the use of forfeiture proceeds; defining a term; setting forth requirements; requiring audits; exempting data reports from the West Virginia Freedom of Information Act; authorizing rulemaking; and setting an effective date”; to the Committee on the Judiciary.

By Delegates Howell, Higginbotham, Graves, P. Martin, Dean, Maynard and Ellington:

H. B. 4718 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §2-4-1, §2-4-2, and §2-4-3, all relating to establishing a policy for formal recognition of Indian tribes”; to the Committee on Government Organization then the Judiciary.

By Delegates Campbell, Cooper, Dean, R. Thompson, Evans, Toney, C. Thompson and Lavender-Bowe:

H. B. 4719 - “A Bill to amend and reenact §18-7A-38 of the Code of West Virginia, 1931, as amended, relating to increasing the number of days a retired teacher may accept employment prior to having retirement benefits reduced, from 140 days to 160 days”; to the Committee on Education then Finance.

By Delegates Higginbotham, Hanna, C. Thompson, Barnhart and Zukoff:

H. B. 4720 - “A Bill to amend and reenact §18-2E-11 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18C-9-3 of said code, all relating to qualifying not-for-profit private baccalaureate institutions for the Advanced Career Education Programs and the West Virginia Invests Grant Program”; to the Committee on Education.

By Delegates Pushkin, S. Brown, Wilson and Worrell:

H. B. 4721 - “A Bill to repeal §60A-7-704, §60A-7-705a, §60A-7-706, and §60A-7-707, of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §60A-7-702a; to amend and reenact §60A-7-703 of said code; to amend said code by adding thereto two new sections, designated §60A-7-703a and §60A-7-703b; to amend and reenact §60A-7-705 of said code; and to amend said code by adding thereto nine new sections, designated §60A-7-708, §60A-7-709, §60A-7-710, §60A-7-711, §60A-7-712, §60A-7-713, §60A-7-714, §60A-7-715 and §60A-7-716, all relating generally to forfeiture of contraband; establishing criminal forfeiture and the items and property subject to forfeiture; setting forth additional procedures for forfeiture; establishing dates; permitting a court to waive a conviction requirement; protecting innocent owners; permitting seizure of personal property with and without process; providing that there are no additional remedies and no joint and severable liability; establishing title; setting forth the disposition of forfeited property and proceeds; establishing prohibition on retaining property; establishing sales restrictions, return of property, damages, and costs; permitting the transfer of forfeited property to the federal government; providing for preemption; and defining terms”; to the Committee on the Judiciary.

By Delegates Cadle, Mandt, Phillips, Hott, Butler, Fast, J. Jeffries, Toney, D. Kelly, Jennings and Staggers:

H. B. 4722 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17B-2-14a, relating to creation of the ‘West Virginia Emergency Contact Information Registry’ for the purpose of providing contact information in case of an emergency”; to the Committee on the Judiciary.

By Delegates Hill and Pack:

H. B. 4723 - “A Bill to amend and reenact §18C-3-3 of the Code of West Virginia, 1931, as amended, relating to including behavioral analysis coursework within eligibility for the Health Sciences Service Program for student loans”; to the Committee on Health and Human Resources then Finance.

By Delegates Skaff, Ellington, Barrett, Lavender-Bowe, Zukoff, C. Thompson, Dean, Higginbotham, Estep-Burton, Hornbuckle and Robinson:

H. B. 4724 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-26, relating to a tax credit for any new teacher who remains in the state and works as a teacher five years after graduation”; to the Committee on Education then Finance.

By Delegate Higginbotham:

H. B. 4725 - “A Bill to amend and reenact §17C-16-4 of the Code of West Virginia,1931, as amended, relating to requiring motor vehicle inspections only every three years and exempting certain vehicles from such inspections”; to the Committee on Technology and Infrastructure then Finance.

By Delegate Espinosa:

H. B. 4726 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §55-18-1, §55-18-2, §55-18-3, §55-18-4, §55-18-5 and §55-18-6, all relating to creating the West Virginia Public Participation Protection Act; permitting motions to dismiss suits that are based on an alleged right of petition, free speech, or association under the United States Constitution or the Constitution of West Virginia in connection with a public issue; providing exceptions to which this procedure is applicable; hearings on such motions; award of attorney fees; appeal; and effective date”; to the Committee on the Judiciary.

By Delegates Howell, Hott, C. Martin and Hanna:

H. B. 4727 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60-3-26, relating to permitting mini-distilleries to import produce in excess of established limits if they are unable to obtain 75 percent of the raw agricultural products necessary to produce its alcoholic liquor”;  to the Committee on the Judiciary.

By Delegates Howell, Hott and C. Martin:

H. B. 4728 - “A Bill to amend and reenact §60-1-5b of the Code of West Virginia, 1931, as amended, relating to mini-distilleries sources of raw agricultural products”; to the Committee on the Judiciary.

By Delegates Linville, Ellington, Summers, Higginbotham, Barnhart, Maynard, Graves, Foster, McGeehan, Hanna and Pack:

H. B. 4729 - “A Bill to amend and reenact §18B-10-14 of the Code of West Virginia, 1931, as amended, relating to requiring previous version or edition of a textbook, unless governing board of an institution of higher learning approves need for most recent version or edition”;  to the Committee on Education.

By Delegate Linville:

H. B. 4730 - “A Bill to amend and reenact §11-15-3c of the Code of West Virginia, 1931, as amended; and to amend and reenact §17A-3-23 of said code, all relating to special license plates for vehicles titled in the name of the Division of Public Transit or purchased by the Division of Public Transit for public use; and exempting those vehicles from motor vehicle sales tax”; to the Committee on Technology and Infrastructure then Government Organization.

By Delegates Pushkin and Rowe:

H. B. 4731 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §16-1-16 and §16-1-16a, all relating to social determinants of health; establishing the Minority Health Advisory Team, including its composition and duties; authorizing a Community Health Equity Initiative Demonstration Project; authorizing the Commissioner of the Bureau for Public Health to establish a Community Health Equity Initiative Demonstration Project; establishing eligibility requirements; providing for the administration of the demonstration project; establishing requirements for a demonstration project plan and the selection of communities for participation; establishing reporting requirements; and establishing the date on which the demonstration project terminates”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Caputo, Sponaugle, Boggs, Swartzmiller, Paynter, Robinson, Williams, Lovejoy, Criss, Rohrbach and Miller:

H. B. 4732 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2-5a, relating to requiring compensation be made to certain members of the State Police; and providing pay for off-duty time when they are required to be on standby to be called back to work”; to the Committee on Finance.

By Delegate Bates:

H. B. 4733 - “A Bill to amend and reenact §5B-2E-11 of the Code of West Virginia, 1931, as amended, relating to extending tax credits for certain tourism development and expansion projects authorized under the West Virginia Tourism Development Act; and limiting eligibility”; to the Committee on Finance.

By Delegates Hill and Pack:

H. B. 4734 - “A Bill to repeal §30-7-1a, §30-7-6a, §30-7-6b, §30-7-8a, §30-7-11a, §30-7-15a, §30-7-15b, §30-7-15c, §30-7-15d, and §30-7-15e of the Code of West Virginia, 1931, as amended; to repeal §30-7E-1, §30-7E-2, and §30-7E-3 of said code; to amend said code by adding thereto a new section, designated §16-5B-19; to amend and reenact §30-7-1, §30-7-2, §30-7-3, §30-7-4, §30-7-5, §30-7-6, §30-7-7, §30-7-8, §30-7-9, §30-7-10, §30-7-11, §30-7-12, §30-7-13, §30-7-14, §30-7-15, §30-7-16, §30-7-17, §30-7-18, §30-7-19, and §30-7-20 of said code; to amend said code by adding thereto 11 new sections, designated §30-7-21, §30-7-22, §30-7-23, §30-7-24, §30-7-25, §30-7-26, §30-7-27, §30-7-28, §30-7-29, §30-7-30, and §30-7-31, all relating to the Board of Nursing, prohibiting the practice of nursing without a license; providing other applicable sections; defining terms; renaming the board; providing for board composition and qualifications; setting forth the powers and duties of the board; clarifying rule-making authority; continuing a special revenue account; establishing license and permit requirements; establishing qualifications for licensure; codifying a scope of practice; creating a temporary permit; providing for reciprocal licensure; establishing renewal requirements; providing for exemptions from licensure; creating a special volunteer license; continuing a Joint Advisory Council; providing the council’s composition; providing council members’ terms; providing powers of the council; providing duties of the council; setting forth limitations of the article; permitting the board to file an injunction; setting forth grounds for disciplinary actions; allowing for specific disciplinary actions; providing procedures for investigation of complaints; providing for judicial review and appeals of decisions; setting forth hearing and notice requirements; providing for civil causes of action; providing criminal offenses are to be reported to law enforcement; providing criminal penalties; repealing expired authority; and updating references”; to the Committee on Health and Human Resources then the Judiciary.

Special Calendar

Third 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; 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. 109), and there were—yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

Absent and Not Voting: Jennings and Nelson.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4352) 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. 4380, Updating the regulatory board review schedule; 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. 110), and there were—yeas 74, nays 25, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Angelucci, Bates, S. Brown, Campbell, Canestraro, Caputo, Diserio, Doyle, Estep-Burton, Fluharty, Hansen, Hicks, Hornbuckle, Longstreth, Lovejoy, Miley, Miller, Pushkin, Robinson, Rowe, Sponaugle, C. Thompson, R. Thompson, Walker and Williams.

Absent and Not Voting: Jennings.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4380) 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. 4509, Transferring the Parole Board to the Division of Corrections and Rehabilitation for purposes of administrative and other support; 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. 111), 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: Jennings.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4509) 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. 46, Defining “pepper spray” and exempting from definition of “deadly weapons”; on second reading, coming up in regular order, was read a second time and ordered to third reading.

Com. Sub. for S. B. 470, Relating to use of crossbow to hunt; on second reading, coming up in regular order, was read a second time and ordered to third reading.

Com. Sub. for S. B. 487, Providing exception that all DNR payments be deposited within 24 hours; on second reading, coming up in regular order, was read a second time and ordered to third reading.

Com. Sub. for S. B. 500, Relating to Class Y special crossbow hunting permit; on second reading, coming up in regular order, was read a second time.

An amendment, recommended by the Committee on Agriculture and Natural Resources, was reported by the Clerk and adopted, amending the bill on page one, section forty-two-w, line four, after the semicolon, by inserting the word “or”.

The bill was then ordered to third reading.

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; on second reading, coming up in regular order, was read a second time.

An amendment, recommended by the Committee on Agriculture and Natural Resources, was reported by the Clerk and adopted, amending the bill on page two, section three, line thirty-two, after the word “of”, by striking out the words “approximately sixty and fifty-seven one-hundredths miles of”.

The bill was then ordered to third reading.

Com. Sub. for H. B. 4083, Requiring the West Virginia Parkways Authority to accept the use of credit and debit cards for paying tolls; 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. 4361, Relating to insurance law violations; 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. 4444, Establishing Medals of Valor and Medals for Bravery for emergency medical services, firefighters, and law-enforcement officers; 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. 4453, Expanding the eligibility requirements for private investigator and security guard licensure; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 4466, Certificates of Insurance Act; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 4477, West Virginia Mutual to Mutual Insurance Holding Company Act; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 4502, Relating to insurance adjusters; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 4515, Relating to wildlife resources, eligibility for license or permit application; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

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; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 4607, Authorizing the operation of mobile shops for hair, nail, cosmetology, and aesthetics services; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 4664, Clarifying the offense of driving under the influence of alcohol, controlled substances, or drugs; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 4691, Relating to employment in areas of critical need in public education; 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.

First Reading

S. B. 321, Relating to collection of tax and priority of distribution of estate or property in receivership; on first reading, coming up in regular order, was read a first time and ordered to second reading.

Com. Sub. for S. B. 532, Distributing assets remaining in municipal policemen’s or firemen’s pension and relief fund on death of last retiree or beneficiary; on first reading, coming up in regular order, was read a first time and ordered to second reading. 

H. B. 2527, Relating to forgery and other crimes concerning lottery tickets; on first reading, coming up in regular order, was read a first time and ordered to second reading.

Com. Sub. for H. B. 4003, Relating to telehealth insurance requirements; on first reading, coming up in regular order, was read a first time and ordered to second reading.

Com. Sub. for H. B. 4061, Health Benefit Plan Network Access and Adequacy Act; on first reading, coming up in regular order, was read a first time and ordered to second reading.

H. B. 4455, Permitting fees from the Central Abuse Registry to be used for costs relating to information technology support and infrastructure; on first 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.

 H. B. 4524, Making the entire state “wet” or permitting the sale of alcoholic liquors for off-premises consumption; on first reading, coming up in regular order, was read a first time and ordered to second reading.

H. B. 4582, Declaring certain claims against agencies of the state to be moral obligations of the state; on first reading, coming up in regular order, was read a first time and ordered to second reading.

Com. Sub. for H. B. 4611, Relating to fireworks; on first reading, coming up in regular order, was read a first time and ordered to second reading.

H. B. 4618, Relating to deadly weapons for sale or hire; on first reading, coming up in regular order, was read a first time and ordered to second reading.

H. B. 4661, Relating to the powers of the Public Service Commission and the regulation of natural gas utilities; on first reading, coming up in regular order, was read a first time and ordered to second reading.

Leaves of Absence

At the request of Delegate Summers, and by unanimous consent, leave of absence for the day was granted Delegate Jennings.

Delegate Bates moved, under the provisions of House Rule 61, that the motion to discharge H. B. 4368, Relating to the Medical Cannabis Act, from the Committee on Health and Human Resources, be taken from 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. 112), and there were—yeas 44, nays 55, absent and not voting 1, with the yeas and absent and not voting being as follows:

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

Absent and Not Voting: Jennings.

So, a majority of the members present and voting not having voted in the affirmative, the motion to take the discharge motion from the table did not prevail.

Miscellaneous Business

Delegate Nelson noted to the Clerk that he was absent when the votes were taken on Roll Nos. 109 and 110, and had he been present, he would have voted “Yea” thereon.

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

-   Delegate Pack during Remarks by Members

-   Delegate Angelucci during Remarks by Members

-   Delegate McGeehan during Remarks by Members

-   Delegate Caputo during Remarks by Members

-   Delegate D. Kelly during Remarks by Members

-   Delegate Bates 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 Kump for H. B. 4522

-   Delegate Cadle for H. B. 4088

-   Delegate Espinosa for H. B. 4562

-   Delegate Porterfield for H. B. 4512 and H. B. 4522

-   Delegates Foster and Rowe for H. B. 4512

-   Delegates Hanna and J. Jeffries for H. B. 4712

-   Delegate Este-Burton for H. B. 4189

-   Delegate Pyles for H. B. 4684 and H. B. 4687

-   Delegate Hansen for H. B. 4626

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

-    Delegate S. Brown for H. B. 2732

At 12:32 p.m., the House of Delegates adjourned until 10:30 a.m., Friday, February 7, 2020.

      HOUSE OF DELEGATES

STEPHEN J. HARRISON, Clerk

      Building 1, Room M-212

     1900 Kanawha Blvd., East

    Charleston, WV 25305-0470