House Journal

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Monday, February 24, 2020

FORTY-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 Friday, February 21, 2020, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

Delegate Cooper, 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:

S. C. R. 1, Designating dogs adopted from animal shelters and rescues as WV official state dog,

And reports the same back with the recommendation that it be adopted, but that it first be referred to the Committee on Rules.

In accordance with the former direction of the Speaker, the resolution (S. C. R. 1) was referred to the Committee on Rules.

Delegate Cooper, 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. 142, Expanding Coyote Control Program through voluntary assessment on breeding cows,

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 (Com. Sub. for S. B. 142) was referred to the Committee on Finance.

Delegate Cooper, 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. 490, Relating to criminal offenses against agricultural facilities,

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 (Com. Sub. for S. B. 490) was referred to the Committee on the Judiciary.

Motions

Delegate Hornbuckle moved, under the provisions of House Rule 82, to discharge H. B. 4885, “Katherine Johnson and Dorothy Vaughan Fair Pay Act”, from the Committee on the Judiciary.

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. 291), and there were—yeas 58, nays 40, absent and not voting 2, with the nays and absent and not voting being as follows:

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

Absent and Not Voting: Fleischauer and Rowe.

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

Special Calendar

Unfinished Business

Com. Sub. for H. C. R. 75, Naming the highest peak on Wolf Creek Mountain in Monroe County, Boone’s Peak; coming up in regular order, as unfinished business, was reported by the Clerk.

The question now being on the adoption of the resolution, the yeas and nays were demanded was sustained.

The yeas and nays having been ordered, they were taken (Roll No. 292), 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: Rowe.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (Com. Sub. for H. C. R. 75) adopted.

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

 

Third Reading

Com. Sub. for S. B. 657, Allowing designation of tourism development districts; 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. 293), and there were—yeas 88, nays 11, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Campbell, Doyle, Evans, Fleischauer, Hornbuckle, Lavender-Bowe, Pyles, Rodighiero, Sypolt, R. Thompson and Zukoff.

Absent and Not Voting: Rowe.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 657) passed.

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

On this question, the yeas and nays were taken (Roll No. 294), and there were—yeas 93, nays 6, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Campbell, Doyle, Evans, Fleischauer, Lavender-Bowe and Zukoff.

Absent and Not Voting: Rowe.

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 S. B. 657) 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. 3127, Relating to the Secondary School Activities Commission and participation by home schooled students; 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. 295), and there were—yeas 61, nays 38, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Angelucci, Boggs, N. Brown, S. Brown, Byrd, Campbell, Canestraro, Caputo, Cooper, Dean, Diserio, Evans, Fleischauer, Fluharty, Hansen, Hartman, Hicks, Lavender-Bowe, Longstreth, Miley, Nelson, Paynter, Pethtel, Pushkin, Pyles, Queen, Robinson, Rohrbach, Skaff, Sponaugle, Storch, Swartzmiller, C. Thompson, R. Thompson, Walker, Westfall, Williams and Zukoff.

Absent and Not Voting: Rowe.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3127) 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. 4009, Relating to the process for involuntary hospitalization; 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. 296), and there were—yeas 81, nays 18, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Angelucci, Bibby, S. Brown, Caputo, Dean, Diserio, Fleischauer, Fluharty, Kump, Longstreth, P. Martin, McGeehan, Paynter, Phillips, Sponaugle, Staggers, R. Thompson and Wilson.

Absent and Not Voting: Rowe.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4009) passed.

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

Com. Sub. for H. B. 4009 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §27-5-2a, relating to involuntary hospitalization; setting forth a procedure; defining terms; providing for payment for services; limiting liability; requiring the West Virginia Supreme Court of Appeals to generate certain documents; requiring the West Virginia Supreme Court of Appeals to produce information to hospitals regarding contact information; requiring a report to be filed with the West Virginia Supreme Court of Appeals; requiring certain information to be placed in a medical record; permitting the release of the individual; and setting forth payment for services; and specifying that any action taken under this section does not satisfy the requirements of another section.”

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. 4252, Authorizing miscellaneous agencies and boards to promulgate legislative rules; on third reading, coming up in regular order, with an amendment pending, was reported by the Clerk.

An amendment, offered by Delegate Fast, was reported by the Clerk.

Whereupon,

Delegate Fast obtained unanimous consent to withdraw the amendment and offer the following amendment, which was reported by the Clerk:

On page ten, section three, line eighty, following the word “authorized”, by striking out the period and inserting the following:

“with the following amendment:

On page 7, section 7, subsection 7.4, after the word “items”, by inserting the words “excluding whole uncut produce”.

The question being on adoption of the amendment, the same was put and the amendment was adopted.

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

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 297), and there were—yeas 83, nays none, absent and not voting 17, with the absent and not voting being as follows:

Absent and Not Voting: Bates, Campbell, Dean, Fleischauer, Fluharty, Hardy, Hicks, J. Jeffries, Lavender-Bowe, Paynter, Porterfield, Rodighiero, Rowe, Skaff, Sponaugle, Steele and Toney.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4252) passed.

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

On this question, the yeas and nays were taken (Roll No. 298), and there were—yeas 83, nays none, absent and not voting 17, with the absent and not voting being as follows:

Absent and Not Voting: Bates, Campbell, Dean, Fleischauer, Fluharty, Hardy, Hicks, J. Jeffries, Lavender-Bowe, Paynter, Porterfield, Rodighiero, Rowe, Skaff, Sponaugle, Steele and Toney.

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. 4252) 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. 4388, Limiting the Alcohol Beverage Control Commissioner’s authority to restrict advertising; 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. 299), and there were—yeas 73, nays 11, absent and not voting 16, with the nays and absent and not voting being as follows:

Nays: Butler, Cooper, Fast, Hansen, D. Jeffries, Jennings, Mandt, Rowan, Sypolt, Walker and Worrell.

Absent and Not Voting: Bates, Campbell, Dean, Fleischauer, Fluharty, Hardy, Hicks, J. Jeffries, Lavender-Bowe, Paynter, Porterfield, Rodighiero, Rowe, Skaff, Sponaugle and Toney.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4388) 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. 4530, Authorizing daily passenger rental car companies to charge reasonable administrative fees; 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. 300), and there were—yeas 87, nays 7, absent and not voting 6, with the nays and absent and not voting being as follows:

Nays: Barrett, S. Brown, Fleischauer, Fluharty, J. Jeffries, Paynter and Robinson.

Absent and Not Voting: Bates, Dean, Lavender-Bowe, Porterfield, Rowe and Skaff.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4530) 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. 4626, West Virginia Development Achievements Transparency Act; on third reading, coming up in regular order, was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 301), and there were—yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

Absent and Not Voting: Dean, Lavender-Bowe and Rowe.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4626) 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. 4668, Creating the misdemeanor crime of trespass for entering a structure that has been condemned; 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. 302), and there were—yeas 92, nays 5, absent and not voting 3, with the nays and absent and not voting being as follows:

Nays: Barrett, Bates, S. Brown, Fluharty and Sponaugle.

Absent and Not Voting: Dean, Hicks and Rowe.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4668) 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. 4748, Relating to the increase of fees that private nongovernment notary publics may charge for notarial acts; on third reading, coming up in regular order, was read a third time.

Delegates Angelucci, Barrett, Estep-Burton, Hott, Kessinger, Linville, Little, Porterfield, Sponaugle, Steele, Storch, Sypolt and Westfall requested to be excused from voting on Com. Sub. for H. B. 4748 under the provisions of House Rule 49.

The Speaker replied that the Delegates were members of a class of persons possibly to be affected by the passage of the bill and directed the Members to vote.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 303), and there were—yeas 88, nays 10, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Barrett, Campbell, Hardy, D. Jeffries, Kessinger, Maynard, McGeehan, Pack, Paynter and Summers.

Absent and Not Voting: Dean and Rowe.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4748) 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. 502, Relating to methamphetamine criminal penalty; on second reading, coming up in regular order, was read a second time.

On motion of Delegate Shott, the bill was amended on page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:

“ARTICLE 4. OFFENSES AND PENALTIES.

§60A-4-401. Prohibited acts A; penalties.

(a) Except as authorized by this act, it is unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver, a controlled substance.

Any person who violates this subsection with respect to:

(i) (1) A controlled substance classified in Schedule I or II, which is a narcotic drug, is guilty of a felony and, upon conviction, may be imprisoned in the state correctional facility for not less than one year nor more than 15 years, or fined not more than $25,000, or both;

(ii) (2) Any other controlled substance classified in Schedule I, II or III is guilty of a felony and, upon conviction, may be imprisoned in the state correctional facility for not less than one year nor more than five years, or fined not more than $15,000, or both; but if the other controlled substance is methamphetamine, upon conviction, may be imprisoned in the state correctional facility for not less than two nor more than 10 years, or fined not more than $25,000, or both.

(iii) (3) A substance classified in Schedule IV is guilty of a felony and, upon conviction, may be imprisoned in the state correctional facility for not less than one year nor more than three years, or fined not more than $10,000, or both;

(iv) (4) A substance classified in Schedule V is guilty of a misdemeanor and, upon conviction, may be confined in jail for not less than six months nor more than one year, or fined not more than $5,000, or both:  Provided, That for offenses relating to any substance classified as Schedule V in article ten of this chapter,  the penalties established in said article apply.

(b) Except as authorized by this act, it is unlawful for any person to create, deliver, or possess with intent to deliver, a counterfeit substance.

Any person who violates this subsection with respect to:

(i) (1) A counterfeit substance classified in Schedule I or II, which is a narcotic drug, is guilty of a felony and, upon conviction, may be imprisoned in the state correctional facility for not less than one year nor more than 15 years, or fined not more than $25,000, or both;

(ii) (2) Any other counterfeit substance classified in Schedule I, II or III is guilty of a felony and, upon conviction, may be imprisoned in the state correctional facility for not less than one year nor more than five years, or fined not more than $15,000, or both;

(iii) (3) A counterfeit substance classified in Schedule IV is guilty of a felony and, upon conviction, may be imprisoned in the state correctional facility for not less than one year nor more than three years, or fined not more than $10,000, or both;

(iv) (4) A counterfeit substance classified in Schedule V is guilty of a misdemeanor and, upon conviction, may be confined in jail for not less than six months nor more than one year, or fined not more than $5,000, or both: Provided, That for offenses relating to any substance classified as Schedule V in article 10 of this chapter, the penalties established in said article apply.

(c) It is unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by this act. Any person who violates this subsection is guilty of a misdemeanor and, disposition may be made under §60A-4-407 of this code, subject to the limitations specified in said section, or upon conviction, such person may be confined in jail not less than 90 days nor more than six months, or fined not more than $1,000, or both: Provided, That notwithstanding any other provision of this act to the contrary, any first offense for possession of Synthetic Cannabinoids equivalents or substitutes for tetrahydrocannabinols subdivision (32) subsection, (d), section 101, article 1 of this chapter; 3,4-methylenedioxypyrovalerone (MDPV) (MPVD) and 3,4-methylenedioxypyrovalerone; and/or 4-methylmethcathinone (Mephedrone) as identified in §60A-2-204(d); defined in subsection (f), section 101, article 1 of this chapter or less than 15 grams of marijuana, shall be disposed of under said section.

(d) It is unlawful for any person knowingly or intentionally:

(1) To create, distribute or deliver, or possess with intent to distribute or deliver, an imitation controlled substance; or

(2) To create, possess or sell or otherwise transfer any equipment with the intent that such equipment shall be used to apply a trademark, trade name, or other identifying mark, imprint, number or device, or any likeness thereof, upon a counterfeit substance, an imitation controlled substance, or the container or label of a counterfeit substance or an imitation controlled substance.

(3) Any person who violates this subsection is guilty of a misdemeanor and, upon conviction, may be imprisoned in jail for not less than six months nor more than one year, or fined not more than $5,000, or both. Any person being 18 years old or more who violates subdivision (1) of this subsection and, in so doing, distributes or delivers an imitation controlled substance to a minor child who is at least three years younger than such person is guilty of a felony and, upon conviction, may be imprisoned in the state correctional facility for not less than one year nor more than three years, or fined not more than $10,000, or both.

(4) The provisions of subdivision (1) of this subsection shall not apply to a practitioner who administers or dispenses a placebo.”

The bill was then ordered to third reading.

Com. Sub. for H. B. 2088, Relating to admissibility of certain evidence in a civil action for damages; 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. 2149, Relating to the Farm-To-Food Bank Tax Credit; 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. 2646, Providing a safe harbor for employers to correct underpayment or nonpayment of wages and benefits due to separated employees; on second reading, coming up in regular order, was read a second time.

Delegates Hornbuckle and Fleischauer moved to amend the bill on page two, line twenty-four, following section four-a and the period, by inserting a new section, to read as follows:

Ҥ21-5-4b. The Katherine Johnson and Dorothy Vaughan Safe Harbor for Employees Fair Pay Act.

(a)(1) This section may be cited as the ‘Katherine Johnson and Dorothy Vaughn Safe Harbor for Employees Fair Pay Act,’ in honor of these two brilliant African American mathematicians with close ties to Morgantown, Institute, and White Sulphur Springs, West Virginia.

(2) Dorothy Johnson Vaughn was born in Kansas City, Missouri, and moved with her family to Morgantown, West Virginia, when she was seven. Selected as valedictorian, Ms. Vaughan graduated from Beechurst High School in Morgantown in 1925 and received a B.S. degree in 1929 from Wilberforce University in Zenia, Ohio. In 1943 she took a position at NACA, the National Advisory Committee for Aeronautics (the predecessor agency to NASA) in Hampton, Virginia. Ms. Vaughan was among the first group of African Americans to be hired as mathematicians and scientists following an Executive Order from President Roosevelt prohibiting discrimination in the defense industry. State law requiring “colored” employees to work separately from their white counterparts was followed despite the Order. In 1949 Ms. Vaughan became the first black supervisor at NACA when she was promoted to manager of the West Area Computers. This workgroup was composed entirely of African-American female mathematicians. Ms. Vaughan led the West Area Computing program for a decade. In 1958, NACA became NASA and abolished the segregated working environment. Ms. Vaughan joined the new Analysis and Computation Division, becoming an expert FORTRAN programmer. Sadly, after desegregation, Ms. Vaughan sought but never received another management position at NASA. Ms. Vaughan died on November 10, 2008. Her legacy and the story of the other women of West Computing lives on in the 2016 film Hidden Figures.

(3) Katherine Coleman Gobel Johnson was born on August 26, 1918 in White Sulphur Springs. and educated in West Virginia. Later awarded the Presidential Medal of Freedom, America’s highest civilian honor, Ms. Johnson’s brilliance with numbers landed her on the campus of historically black West Virginia State College at age 13. In 1939, she was one of three black students chosen to help integrate the graduate program at West Virginia University. Although her complex analyses were used in America’s first human space flight and landing on the moon, she and the black female crew with whom she worked were degraded by having to use a segregated bathroom a long distance from their worksite. The women in her unit suffered economically as well, by being paid far less than their white male counterparts at Langley who performed similar work. This legislation is intended to prevent future wage discrimination like that endured by Ms. Johnson and her black female coworkers, by providing greater transparency about pay rates and banning practices that may perpetuate the effects of past wage discrimination.

(b) It is an unlawful discriminatory practice, unless based on a bona fide occupational qualification, or except where based on applicable security regulations established by the United States or the State of West Virginia or its agencies or political subdivisions, for any employer to:

(1) Prohibit or retaliate against an employee for disclosing his or her own wages or discussing or inquiring with other employees about their wages; and

(2) Request or require applicants to disclose salary or benefit as a condition of being interviewed, considered for employment, offered compensation, or being employed, or to inquire about job applicants’ salary or benefit history from current or former employers.

(c) It is not an unlawful discriminatory practice for an employer confirm the applicant’s salary history if:

(1) The applicant has voluntarily disclosed it; or

(2) The employer has already negotiated and made an offer of employment with compensation to the applicant.”

Delegate Summers arose to a point of order as to the germaneness of the amendment and the Speaker ruled that the amendment was not germane to the bill.

The bill was then ordered to engrossment and third reading.

Com. Sub. for H. B. 4019, Downstream Natural Gas Manufacturing Investment Tax Credit Act of 2020; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 4354, Adding nabiximols to the permitted list of distributed and prescribed drugs; 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. 4360, Exempting certain persons from heating, ventilating, and cooling system licensing requirements; 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. 4377, The Protection of Vulnerable Adults from Financial Exploitation Act; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 4396, Relating to reporting suspected governmental fraud; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 4409, Relating to transferring remaining funds from the Volunteer Fire Department Workers’ Compensation Premium Subsidy Fund; on second reading, coming up in regular order, was read a second time.

On motion of Delegates Maynard, Sponaugle and Boggs, the bill was amended on page three, section thirty-three-a, beginning on line sixty-two, by striking out subsection (e) in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:

“(e) Upon the conclusion of the fiscal year ending June 30, 2020 2022, the provisions of this section and §12-4-14a of this code shall expire and be of no further force and effect and the Volunteer Fire Department Workers’ Compensation Premium Subsidy Fund shall be closed. Upon closure of the fund, from any balances therein remaining, the State Auditor shall first, to the extent available, transfer to the Fire Protection Fund an amount equal to the aggregate of funds deposited into the Volunteer Fire Department Workers’ Compensation Premium Subsidy Fund during the fiscal years ending June 30, 2014, 2015, 2016, 2017, 2018, 2019 and 2020 2019, 2020, 2021 and 2022 pursuant to subsection (b) of this section that would otherwise have been required to be deposited into the Fire Protection Fund, and any balances thereafter remaining in the Volunteer Fire Department Workers’ Compensation Premium Subsidy Fund shall expire to the General Revenue Fund of the state.  Notwithstanding any provision of this code to the contrary, on June 30, 2020, the State Auditor shall transfer one million eight hundred thousand dollars from the Volunteer Fire Department Workers’ Compensation Premium Subsidy Fund to the Fire Service Equipment and Training Fund created pursuant to §29-3-5f of this code.”

The bill was then ordered to engrossment and third reading.

Com. Sub. for H. B. 4421, Natural Gas Liquids Economic Development Act; 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. 4433, Relating to deeds of trust; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 4447, Creating the shared table initiative for senior citizens who suffer from food insecurity; 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. 4464, Relating to driving privileges and requirements for persons under the age of 18; 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. 4558, Creating a personal income tax credit for volunteer firefighters in West Virginia; on second reading, coming up in regular order, was read a second time.

On motion of Delegates Maynard and Householder, the bill was amended on page two, section four, line eight, following the words “fire department”, by striking out the word “responses” and inserting in lieu thereof the word “activities”.

The bill was then ordered to engrossment and third reading.

H. B. 4606, Listing contractor classifications on a contractor license; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 4715, Authorizing municipalities to take action to grant certain fire department employees limited power of arrest; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 4760, Modifying video lottery retailer licensing eligibility requirements; 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. 4780, Permitting county boards to offer elective courses of instruction on the Bible; on second reading, coming up in regular order, was read a second time.

 Delegates Pushkin and Doyle moved to amend the bill on page one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:

Ҥ18-2-9a. Elective courses of instruction on sacred texts or comparative religions.

(a) County boards of education may offer to students in grade nine or above an elective social studies course on sacred texts or comparative world religions.

 (b)The purpose of the elective courses authorized by the provisions of subsection (a) of this section is:

(1) To educate students as to the contents of the texts in an objective, academic manner which neither promotes nor disparages any religion;

(2) To educate students as to literary forms and symbols in the texts which are referred to in art, music, and literature; and

(3) To educate students as to the influence of the texts on history, philosophy, law, and culture.

(c) A student electing to take a course authorized by the provisions of subsection (a) of this section shall not be required to use a specific translation or version of the particular subject matter of the course.

(d) A county board of education electing to allow a course authorized by this section shall submit to the West Virginia Department of Education the course standards for any elective to be offered pursuant to subsection (a) of this section, including the teacher qualifications and required professional development.

(e) A course offered under this section shall follow applicable law and all federal and state guidelines in maintaining religious neutrality and accommodating the diverse religious views, traditions, and perspectives of students in the school. A course under this section may not endorse, favor, promote, disfavor, or show hostility toward any particular religion or nonreligious faith or religious perspective. Any county board offering a course under this section shall not violate any provision of the United States Constitution or federal law, the West Virginia Constitution or any state law, any administrative regulations of the United States Department of Education, or any rule of the state board.  The state board shall provide guidance to the county boards on complying with the requirements of this subsection.”

On the adoption of the amendment, the yeas and nays were demanded, which demand was sustained.

The yeas and nays having been ordered, they were taken (Roll No. 304), and there were—yeas 45, nays 53, absent and not voting 2, with the yeas and absent and not voting being as follows:

Yeas: Angelucci, Barrett, Bates, S. Brown, Byrd, Campbell, Canestraro, Capito, Caputo, Cowles, Diserio, Doyle, Espinosa, Estep-Burton, Evans, Fleischauer, Fluharty, Hansen, Hartman, Hicks, Higginbotham, Hill, Hornbuckle, Householder, Lavender-Bowe, Longstreth, Lovejoy, Miley, Miller, Nelson, Pushkin, Pyles, Queen, Robinson, Shott, Skaff, Sponaugle, Staggers, Summers, Swartzmiller, C. Thompson, Walker, Westfall, Williams and Zukoff.

Absent and Not Voting: Dean and Rowe.

So, a majority of the members present and voting not having voted in the affirmative, the amendment was rejected.

The bill was then ordered to engrossment and third reading.

H. B. 4797, Authorizing municipalities to enact ordinances that allow the municipal court to place a structure, dwelling or building into receivership; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Com. Sub. for H. B. 4803, Relating to certification of electrical inspectors; 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. 4823, Developing a plan for periodic audits of the expenditure of the fees from the emergency 911 telephone system and wireless enhanced 911; 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. 4853, Relating to a customer constructing a connection or other infrastructure necessary for the customer to connect to the public utility; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 4859, Accounting for state funds distributed to volunteer and part-volunteer fire companies and departments; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 4872, Modifying the criminal penalties imposed on a parent, guardian or custodian for child abuse; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 4882, Authorizing limited sampling and limited sale of wine for off-premises consumption to wineries not licensed in the state; 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. 4886, Requiring the PSC and the DOH to submit reports concerning activity on the Coal Resource Transportation Road System; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 4887, Relating to revocation, cancellation, or suspension of business registration certificates; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 4959, Relating to clarifying the ability of the Economic Development Authority Board of Directors to enter into any contracts necessary to carry out its duties; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 4960, Relating to exempting from licensure as an electrician; 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 read a first time and ordered to second reading:

Com. Sub. for S. B. 554, Relating to termination, expiration, or cancellation of oil or natural gas leases,

Com. Sub. for S. B. 571, Expiring funds from State Excess Lottery Revenue Fund to various accounts,

S. B. 572, Expiring funds from General Revenue and Lottery Net Profits to various accounts,

S. B. 725, Supplemental appropriation to various Department of Education accounts,

S. B. 778, Supplemental appropriation expiring funds from State Excess Lottery Revenue Fund to DHHR,

S. B. 779, Supplemental appropriation expiring funds in State Excess Lottery Revenue to Department of Veterans’ Assistance,

S. B. 780, Supplemental appropriation by decreasing and adding new appropriation out of Treasury to DMAPS,

Com. Sub. for H. B. 2478, Modifying the Fair Trade Practices Act,

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

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

Com. Sub. for H. B. 4176, West Virginia Intelligence/Fusion Center Act,

Com. Sub. for H. B. 4362, Relating to penalties for neglect, emotional abuse or death caused by a caregiver,

H. B. 4402, Relating to designation of early voting locations,

Com. Sub. for H. B. 4439, Clarifying the method for calculating the amount of severance tax attributable to the increase in coal production,

Com. Sub. for H. B. 4461, Requiring the Governor to fix the salaries of certain state appointed officers after the office is vacated or after July 1,

Com. Sub. for H. B. 4494, Tobacco Use Cessation Initiative,

Com. Sub. for H. B. 4497, Requiring an external defibrillator device at any secondary school athlete event,

Com. Sub. for H. B. 4535, Relating to student aide class titles,

Com. Sub. for H. B. 4560, Relating to deliveries by a licensed wine specialty shop,

Com. Sub. for H. B. 4573, Relating to Medicaid subrogation liens of the Department of Health and Human Resources,

Com. Sub. for H. B. 4574, Establishing Just Transition support for coal and timber related jobs,

Com. Sub. for H. B. 4587, Modernizing the Public Service Commission’s regulation of solid waste motor carriers and solid waste facilities,

H. B. 4602, Increasing the penalty for DUI causing death when a child is present,

Com. Sub. for H. B. 4619, Approving plans proposed by electric utilities to install middle-mile broadband fiber,

Com. Sub. for H. B. 4639, Changing frequency of mandatory state inspections of motor vehicles,

Com. Sub. for H. B. 4648, The Parenting Fairness Act of 2020,

H. B. 4665, Reducing the amount of rebate going to the Purchasing Improvement Fund,

Com. Sub. for H. B. 4693, Expanding the scope of the Veterans to Agriculture Program,

H. B. 4705, Including three types of cancer for which rebuttable presumption of injury from employment exists for firefighters,

Com. Sub. for H. B. 4717, Seizure and Forfeiture Reporting Act,

Com. Sub. for H. B. 4746, Establishing a registry of persons with a communication disability,

H. B. 4804, Relating to comprehensive systems of support for teacher and leader induction and professional growth,

Com. Sub. for H. B. 4892, Reducing personal income tax rates when personal income tax reduction fund is funded at a certain threshold,

Com. Sub. for H. B. 4905, Ban-the-Box Act,

Com. Sub. for H. B. 4925, Requiring the Secondary Schools Athletic Commission to recognize private, parochial, or church schools,

H. B. 4929, Relating to the administrative closing of stale or unprogressed estates,

Com. Sub. for H. B. 4946, Eliminating the requirement that municipal police civil service commissions certify a list of three individuals for every position vacancy,

H. B. 4953, Providing the PSC with authority to order the acquisition of failing utilities and a variety of tools to assist distressed and failing utilities,

H. B. 4958, Relating to eliminating the ability of a person’s driver license to be suspended for failure to pay court fines and costs,

H. B. 4966, Relating generally to updating the North American Industry Classification System code references,

H. B. 4969, Relating to providing tax credit for the donation or sale of a vehicle to certain charitable organizations,

H. B. 4970, Relating to military service as a factor in certain insurance coverage rates,

And,

H. B. 4971, Relating to a closing hospital.

Leaves of Absence

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

 

 

Miscellaneous Business

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

-   Delegate McGeehan for H. B. 2685

At 1:59 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, February 25, 2020.

      HOUSE OF DELEGATES

STEPHEN J. HARRISON, Clerk

      Building 1, Room M-212

     1900 Kanawha Blvd., East

    Charleston, WV 25305-0470