House Daily Journal

Wednesday, January 25, 2023

FIFTEENTH DAY

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

The House of Delegates 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 Tuesday, January 24, 2023, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

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

Your Committee on Banking and Insurance has had under consideration:

H. B. 2611, To remove certain territorial limitations on a banking institution’s ability to offer messenger services or mobile banking 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 (H. B. 2611) was referred to the Committee on the Judiciary.

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

Your Committee on Banking and Insurance has had under consideration:

H. B. 2539, Relating to Delivery Network Company,

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. 2539) was referred to the Committee on the Judiciary.

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

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

H. B. 2696, Authorizing the Department of Agriculture to promulgate a legislative rule relating to West Virginia apiary rule,

H. B. 2697, Authorizing the Department of Agriculture to promulgate a legislative rule relating to schedule of charges for inspection services: fruit,

H. B. 2698, Authorizing the Department of Agriculture to promulgate a legislative rule relating to noxious weeds rule,

H. B. 2699, Authorizing the Department of Agriculture to promulgate a legislative rule relating to Grade “A” pasteurized milk,

H. B. 2700, Authorizing the Agriculture Commissioner to promulgate a legislative rule relating to inspection of nontraditional, domesticated animals,

H. B. 2701, Authorizing the Department of Agriculture to promulgate a legislative rule relating to hemp products,

H. B. 2702, Authorizing the Department of Agriculture to promulgate a legislative rule relating to livestock care standards,

H. B. 2703, Authorizing the Department of Agriculture to promulgate a legislative rule relating to farm to food bank tax credit,

H. B. 2704, Authorizing the Department of Agriculture to promulgate a legislative rule relating to farmers markets,

H. B. 2708, Authorizing the Conservation Agency to promulgate a legislative rule relating to operation of West Virginia State Conservation Committee and conservation districts,

H. B. 2709, Authorizing the Conservation Agency to promulgate a legislative rule relating to conservation district accounting and auditing standards,

H. B. 2746, Authorizing the Division of Natural Resources to promulgate a legislative rule relating to hunting, fishing, and other outfitters and guides,

H. B. 2747, Authorizing the Division of Natural Resources to promulgate a legislative rule relating to commercial whitewater outfitters,

H. B. 2748, Authorizing the Division of Natural Resources to promulgate a legislative rule relating to special motorboating regulations,

And,

H. B. 2749, Authorizing the Division of Natural Resources to promulgate a legislative rule relating to miscellaneous permits and licenses,

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

In accordance with the former direction of the Speaker, the bills (H. B. 2696, H. B. 2697, H. B. 2698, H. B. 2699, H. B. 2700, H. B. 2701, H. B. 2702, H. B. 2703, H. B. 2704, H. B. 2708, H. B. 2709, H. B. 2746, H. B. 2747, H. B. 2748 and H. B. 2749) were each referred to the Committee on the Judiciary.

Delegate Anderson, Chair of the Committee on Energy and Manufacturing, submitted the following report, which was received:

Your Committee on Energy and Manufacturing has had under consideration:

H. B. 2896, Relating to making West Virginia an Agreement State with the U. S. Nuclear Regulatory Commission,

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

In accordance with the former direction of the Speaker, the bill (H. B. 2896) was referred to the Committee on the Judiciary and then to the Committee on Finance.

Delegate Anderson, Chair of the Committee on Energy and Manufacturing, submitted the following report, which was received:

Your Committee on Energy and Manufacturing has had under consideration:

H. B. 2640, Authorizing the Department of Environmental Protection to promulgate a legislative rule relating to standards of performance for new stationary sources,

H. B. 2642, Authorizing the Department of Environmental Protection to promulgate a legislative rule relating to emission standards for hazardous air pollutants,

And,

H. B. 2643, Authorizing the Department of Environmental Protection to promulgate a legislative rule relating to control of ozone season nitrogen oxides emissions,

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

In accordance with the former direction of the Speaker, the bills (H. B. 2640, H. B. 2642 and H. B. 2643) were each referred to the Committee on the Judiciary.

Delegate Anderson, Chair of the Committee on Energy and Manufacturing, submitted the following report, which was received:

Your Committee on Energy and Manufacturing has had under consideration:

H. B. 2641, Authorizing the Department of Environmental Protection to promulgate a legislative rule relating to requirements for operating permits,

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. 2641) was referred to the Committee on the Judiciary.

Delegate Summers, Chair of the Committee on Health and Human Resources, submitted the following report, which was received:

Your Committee on Health and Human Resources has had under consideration:

H. B. 2854, Relating to priorities for the use of funds for child-care and performance-based contracting,

And,

H. B. 2917, Relating to allowing retired state employees who meet the minimum qualifications necessary, to render post-retirement employment with the Department of Health and Human Resources,

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 Finance.

In accordance with the former direction of the Speaker, the bills (H. B. 2854 and H. B. 2917) were each referred to the Committee on Finance.

Delegate Summers, Chair of the Committee on Health and Human Resources, submitted the following report, which was received:

Your Committee on Health and Human Resources has had under consideration:

H. B. 2660, Authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to family child care home registration requirements,

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. 2660) was referred to the Committee on the Judiciary.

Delegate Summers, Chair of the Committee on Health and Human Resources, submitted the following report, which was received:

Your Committee on Health and Human Resources has had under consideration:

H. B. 2648, Authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to procedures pertaining to the Dangerousness Assessment Advisory Board,

H. B. 2649, Authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to standards for local boards of health,

H. B. 2650, Authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to medical examiner requirements for postmortem inquiries,

H. B. 2651, Authorizing the Department of Health and Human Services to promulgate a legislative rule relating to Medical Cannabis Program - grower and processors,

H. B. 2652, Authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to Medical Cannabis Program - dispensaries,

H. B. 2653, Authorizing the Health Care Authority to promulgate a legislative rule relating to financial disclosure,

H. B. 2654, Authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to Uniform Bill Database,

H. B. 2655, Authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to the development of methodologies to examine needs for substance use disorder treatment facilities within the state,

H. B. 2656, Authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to Core Behavioral Health Crisis Services System,

H. B. 2657, Authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to child care centers licensing,

H. B. 2658, Authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to minimum licensing requirements for residential childcare and treatment facilities for children and transitioning adults and vulnerable and transitioning youth group homes and programs in West Virginia,

H. B. 2659, Authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to family child care facility licensing requirements,

H. B. 2661, Authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to informal and relative family child care home registration requirements,

H. B. 2662, Authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to out-of-school-time child care center licensing requirements,

H. B. 2663, Authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to goals for foster children,

H. B. 2664, Authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to deemed head start child care center licenses,

And,

H. B. 2665, Authorizing the Department of Health and Human Resources and the Insurance Commissioner to promulgate a legislative rule relating to All-Payers Claims Database - Submission Manual,

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

In accordance with the former direction of the Speaker, the bills (H. B. 2648, H. B. 2649, H. B. 2650, H. B. 2651, H. B. 2652, H. B. 2653, H. B. 2654, H. B. 2655, H. B. 2656, H. B. 2657, H. B. 2658, H. B. 2659, H. B. 2661, H. B. 2662, H. B. 2663, H. B. 2664 and H. B. 2665) were each referred to the Committee on the Judiciary.

Messages from the Executive

and Other Communications

The following communication from the Citizens Legislative Compensation Commission was reported by the Clerk:

Resolution Submitting Recommendations with Respect

to Compensation and Expense Allowances

Adopted January 23, 2023

Whereas, the Citizens Legislative Compensation Commission met pursuant to the call of its chairperson in Charleston, West Virginia, on January 23, 2023; and,

Whereas, the Citizens Legislative Compensation Commission is charged under the West Virginia Constitution with the responsibility of establishing by resolution submitted to the Legislature its determination of compensation and expense allowances for members of the Legislature;

Now, therefore, be it resolved, by the Citizens Legislative Compensation Commission, at least five of the seven members of the Commission having concurred therein, that the compensation and expense allowances of members of the Legislature are hereby determined as follows:

That each member of the Legislature shall receive an amount equal to the per capita income in West Virginia, rounded down to the nearest $1,000, effective with the legislative session beginning in January, 2025; and
That each member of the Legislature shall receive compensation for duty days and interim meeting of $250 per day, effective with the legislative session beginning in January, 2025; and
That each non-commuting member of the Legislature shall receive expense reimbursement of $200 per day, effective with the legislative session beginning in January, 2025; and
That each commuting member of the Legislature shall receive expense reimbursement of $85 per day; and
That each presiding officer, each chairperson of the committees on Finance and Judiciary, and up to six members from each house named by the pressing officer shall be authorized to receive duty day compensation and reimbursement of expenses when such members are not otherwise receiving compensation for regular or extraordinary session or interim meeting, effective with the legislative session beginning in January, 2025; and
That each member of the Legislature shall receive interim compensation on all interim days, rather only those interim days on which the member has a scheduled interim meeting, effective with the legislative session beginning in January, 2025; and

Be it further resolved, That the compensation and expense allowances of members of the Legislature not specially addressed in this resolution shall remain the same.

Witness the following signature of the designated chairman of the Citizens Legislative Compensation Commission:

Mike Hall, Chairman

A communication from His Excellency, the Governor, advised that on January 24, 2023, he approved S. B. 161 and S. B. 162.

Messages from the Senate

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. 10 – “A Bill to amend and reenact §18B-1-6 of the Code of West Virginia, 1931, as amended; to amend and reenact §18B-1B-4 of said code; to amend and reenact §18B-2A-4 of said code; to amend and reenact §18B-2B-6 of said code; and to amend said code by adding thereto a new section, designated §18B-4-5b, all relating generally to carrying concealed pistol or revolver; regulating the carrying of a concealed pistol or revolver by a person who holds a current license to carry a concealed deadly weapon on the property of a public institution of higher education; authorizing the carrying of concealed pistols or revolvers under certain circumstances and in certain areas on the grounds of an institution of higher education; eliminating authority of the Higher Education Policy Commission, the Council for Community and Technical College Education, and the institutional boards of governors to restrict or regulate the carrying of concealed pistols or revolvers in certain circumstances in or on areas of an institution of higher education; requiring institutions to provide storage space for concealed pistols and revolvers; designating these amendments as the Campus Self-defense Act; expressing legislative intent; and creating an internal effective date of July 1, 2024”; which was referred to the Committee on the Judiciary.

A message from the Senate, by

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

S. B. 207 – “A Bill to amend and reenact §5B-2-4a of the Code of West Virginia, 1931, as amended, relating to the state allocation of funding to regional councils; and eliminating the maximum state allocation allowed to each eligible regional council”; which was referred to the Committee on Economic Development and Tourism.

A message from the Senate, by

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

S. B. 231 – “A Bill to amend and reenact §5B-8-1 of the Code of West Virginia, 1931, as amended, relating to transferring the administration of the West Virginia Small Business Innovation Research (SBIR) and Small Business Technology Transfer (SBTT) Matching Funds Program from the Department of Commerce to the Department of Economic Development, including, but not limited to, the authority to propose legislative rules for promulgation.”

At the request of Delegate Jeffries, and by unanimous consent, the bill was taken up for immediate consideration, read a first time and ordered to second reading.

Resolutions Introduced

The following resolutions were introduced and severally referred as follows:

By Delegate Rowe:

H. C. R. 9 – “Requesting the Division of Highways name bridge number 20-060/00-036.42 (20A161), (38.21924, -81.42685) locally known as US 60 KELLY CREEK BRIDGE, carrying US 60 over KELLY CREEK in Kanawha county, the ‘U. S. Army PFC Walter C. Horner Memorial Bridge’”; to the Committee on Rules.

And,

By Delegate Rowe:

H. C. R. 10 – “Requesting the Division of Highways name a portion of Cabin Creek Road, County Route 79/3, beginning immediately east of the intersection of Cabin Creek Road and Nevada Street at Ohley and ending immediately north of the intersection of Cabin Creek Road and Eskdale Avenue at Eskdale in Kanawha County as the ‘Shelby “Cubby” Foster and Robert “Robbie” Collins Memorial Road’”; to the Committee on Rules.

On motions for leave, Joint Resolutions were introduced and severally referred as follows:

By Delegates Holstein, Forsht and Steele:

H. J. R. 18 – “ Proposing an amendment to the Constitution of the State of West Virginia amending section 1b, article X thereof, relating to exempting honorably discharged veterans of the Armed Forces of the United States who have been determined to have a one hundred percent or lesser disability from ad valorem property taxation on the full amount of assessed value of a primary residence and all personal property; numbering and designating the proposed amendment; and providing a summarized statement of the purpose of such proposed amendment”; to the Committee on Finance then the Judiciary.

And,

By Delegate Foster:

H. J. R. 19 – “Proposing an amendment to the Constitution of the State of West Virginia, amending section four, article VII thereof, relating to preventing any individual from serving in the office of Secretary of State, Auditor, State Treasurer, Commissioner of Agriculture, or Attorney General for more than three consecutive terms; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment”; to the Committee on the Judiciary.

Bills Introduced

On motions for leave, bills were introduced and severally referred as follows:

By Delegates Espinosa, Ridenour, Householder, Hardy, Clark, Criss, Hite, Horst, Hanshaw (Mr. Speaker), Hornby and Summers:

H. B. 3013 - “A Bill to amend and reenact §7-22-9 of the Code of West Virginia, 1931, as amended, relating to authorizing the Jefferson County Commission to levy a special district excise tax; authorizing the special district excise tax for the benefit of the Hill Top House Hotel Economic Opportunity District; and setting forth the land area within the special district subject to the special district excise tax”; to the Committee on Finance.

By Delegate Young:

H. B. 3014 - “A Bill to amend and reenact §15A-4-13 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §28-5C-3; and to amend and reenact §49-2-906 of said code, all relating to requiring that free feminine hygiene products be provided to female prisoners in jails, regional jails or state correctional facilities and female juveniles in juvenile detention”; to the Committee on the Judiciary then Finance.

By Delegate Young:

H. B. 3015 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-11-1, §5B-11-2, §5B-11-3, and §5B-11-4, all relating to creating the ‘Food Pantry Assistance Grant Program;’ providing legislative findings and definitions; and, in connection therewith, authorizing an allocation of money the state receives from the federal coronavirus relief fund”; to the Committee on Finance.

By Delegate Young:

H. B. 3016 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-66-1, establishing the food desert program under the Department of Agriculture”; to the Committee on Agriculture and Natural Resources then Government Organization.

By Delegate Young:

H. B. 3017 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-66-1, relating to establishing the food waste task force”; to the Committee on Health and Human Resources then Government Organization.

By Delegate Young:

H. B. 3018 - “A Bill to repeal §48-2-103 of the Code of West Virginia, 1931, as amended; and to amend and reenact §48-2-106 and §48-2-301, all related to establishing that 18 is the age of consent and removing the ability of an underage person to obtain consent to marry through their parents, legal guardians, or by petition to the circuit court”; to the Committee on the Judiciary.

By Delegate Young:

H. B. 3019 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-40b; and to amend and reenact §18B-1B-7 of said code, all relating to student suicide prevention; requiring suicide prevention phone numbers be printed on student identification cards for students in grades 6-12 in public schools that issue student identification cards; and requiring suicide prevention phone numbers be printed on student identification cards for students in a public or private institution of higher education that issues student identification cards”; to the Committee on Education then Finance.

By Delegate Young:

H. B. 3020 - “A Bill to amend and reenact §3-2-3 of the Code of West Virginia, 1931, as amended, relating to registration of voters, and requiring the Secretary of State to utilize the Electronic Registration Information Center”; to the Committee on Government Organization then the Judiciary.

By Delegate Young:

H. B. 3021 - “A Bill to amend and reenact §18-5-44 of the Code of West Virginia, 1931, as amended, relating to expanding permissive early childhood education programs to children who are three years old beginning in the 2024-2025 school year; providing counties with the authority to implement three-year-old early childhood education programs; and clarifying that the state board rules should take into consideration curriculum appropriate for three-year-old children in such programs”; to the Committee on Education then Finance.

By Delegate Young:

H. B. 3022 - “A Bill to amend and reenact §49-2-121 of the Code of West Virginia, 1931, as amended, relating to rule-making by the Secretary of the Department of Health and Human Resources; and requiring a rule for child subsidies to be based on monthly enrollment rather than daily attendance”; to the Committee on Health and Human Resources then Finance.

By Delegate Longanacre:

H. B. 3023 - “A Bill to amend and reenact § 11-14-3 of the Code of West Virginia, 1931, as amended, reducing the gasoline excise tax by 50 percent for West Virginia residents”; to the Committee on Technology and Infrastructure then Finance.

By Delegate Young:

H. B. 3024 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18B-21-1, §18B-21-2, §18B-21-3, §18B-21-4, §18B-21-5, and §18B-21-6, all relating to creating the Hunger Free Campus Act; providing for a short title; enacting the act and providing for a legislative purpose; providing qualifications for campuses to be designated as ‘Hunger-Free’ zones; giving a reporting requirement; appropriating money; and providing for an effective date”; to the Committee on Education then Finance.

By Delegate Foster:

H. B. 3025 - “A Bill to amend and reenact §15-2B-2, §15-2B-3, §15-2B-5, §15-2B-6, §15-2B-9, and §15-2B-11 of the Code of West Virginia, 1931, as amended, all relating to DNA that is maintained for law-enforcement purposes in West Virginia; providing updates for the policy of maintaining DNA; requiring DNA testing of all persons convicted of felonies and certain misdemeanors; updating definitions; adding language to further define and include qualified arrestees in the state DNA database; requiring testing of qualified arrestees on intake; specifying testing methods; authorizing emergency and requiring legislative rules; specifying expungement for qualified arrestees in certain circumstances; and providing failure to expunge or reasonable delay in expungement will not invalidate an identification, warrant, probable cause to arrest or arrest based upon a database match”; to the Committee on the Judiciary.

By Delegates Ross, Mallow, Burkhammer, Marple, Devault, Adkins and Dillon:

H. B. 3026 - “A Bill to amend and reenact §8-15-5 of the Code of West Virginia, 1931, as amended, relating to permitting volunteer firefighters to participate at fire scenes; and limiting on scene tasks to volunteer fire company cadets”; to the Committee on Fire Departments and Emergency Medical Services then Government Organization.

By Delegates Ross, Chiarelli, Marple, Devault, Adkins and Dillon:

H. B. 3027 - “A Bill to amend and reenact §16-4C-8 of the Code of West Virginia, 1931, as amended, relating to removing the requirement for emergency medical technicians (‘EMTs’) to be nationally certified”; to the Committee on Fire Departments and Emergency Medical Services then Government Organization.

By Delegates Ross, Dillon and Chiarelli:

H. B. 3028 - “A Bill to amend and reenact §18A-4-10 of the Code of West Virginia, 1931, as amended, relating to classroom teacher personal leave”; to the Committee on Pensions and Retirement then Finance.

By Delegate Longanacre:

H. B. 3029 - “A Bill to amend and reenact §18-4-1 of the Code of West Virginia, 1931, as amended, relating to pertaining to requiring all County School Superintendents in all counties in WV shall be elected by the voters of their respective counties for four-year terms”; to the Committee on the Judiciary.

By Delegate Young:

H. B. 3030 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-5J-1, §21-5J-2, §21-5J-3, §21-5J-4, §21-5J-5, §21-5J-6, §21-5J-7, §21-5J-8, §21-5J-9, and §21-5J-10, all relating to creating a paid parental leave pilot program; providing findings and purpose; definitions; paid parental leave and requirements for claiming benefits; requiring employer to continue group health insurance coverage for employee; employment benefits and seniority position upon return from leave; benefits not to accrue during period of leave; employers required to respond to survey to Department of Labor; requiring department to report to Joint Committee on Government Organization; authorizing emergency rulemaking authority; and providing December 31, 2026, sunset”; to the Committee on Banking and Insurance then Finance.

By Delegates Kirby, Longanacre, Brooks, E. Pritt, Toney, Butler, Thorne, Chiarelli, Pinson, Steele and Foster:

H. B. 3031 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12n; to amend and reenact §19-23-3, §19-23-7, §19-23-10, §19-23-12b, §19-23-13, and §19-23-13c of said code; to amend said code by adding thereto a new section, designated §19-23-10a; to amend and reenact §29-22-18a of said code; to amend and reenact §29-22A-3, §29-22A-7, §29-22A-10, §29-22A-10b, §29-22A-10d, §29-22A-10e, and §29-22A-12 of said code; and to amend and reenact §29-22C-3, §29-22C-8, §29-22C-10, §29-22C-27, and §29-22C-27a of said code, all relating generally to horse and dog racing lottery; modifying certain definitions; discontinuing the West Virginia Racing Commission special account known as the West Virginia Greyhound Breeding Development Fund; transferring all moneys in the West Virginia Greyhound Breeding Development Fund to the State Excess Lottery Revenue Fund for appropriation by the Legislature; requiring that upon transfer of moneys from the West Virginia Greyhound Breeding Development Fund to the State Excess Lottery Revenue Fund, a certain amount be withheld and deposited in the special account known as the Administration, Promotion, Education, Capital Improvement and Greyhound Adoption Programs to include Spaying and Neutering Account; requiring that all moneys previously required to be directed to the West Virginia Greyhound Breeding Development Fund be redirected to the State Excess Lottery Revenue Fund for appropriation by the Legislature; requiring that all moneys previously required to be directed into any fund or paid for the purposes of funding purses, awards, or providing any other funding for greyhound races to be redirected to the State Excess Lottery Revenue Fund for appropriation by the Legislature; eliminating the requirement that an applicant for a dog racing license race a minimum number of dates to qualify for such a license; eliminating the requirement that an applicant for a dog racing license race a minimum number of dates to contract to receive telecasts and accept wagers; providing that a dog racetrack is required to hold a racing license to conduct simulcast racing regardless of whether the racetrack continues to conduct live dog racing; authorizing the West Virginia Racing Commission to promulgate rules, including emergency rules, regarding licensure of dog racetracks conducting only simulcast racing; eliminating the requirement that a video lottery licensee at a dog track must hold a racing license to renew a video lottery license or racetrack table games license; requiring the Lottery Commission to transfer a percentage of gross terminal revenue derived from racetrack video lottery at thoroughbred tracks, and deducted for administrative costs and expenses, to the Racing Commission’s General Administrative Account; eliminating the requirement that an applicant for a video lottery license or license renewal at a dog racetrack must provide evidence of the existence of an agreement regarding proceeds from video lottery terminals with certain parties; providing that a percentage of net terminal income originating at thoroughbred racetracks will be deposited in the West Virginia Thoroughbred Development Fund; permitting a dog racetrack to continue to operate operational video lottery and racetrack table games in a location where live racing was previously conducted; eliminating the requirement that a racetrack table games licensee at a dog racetrack must race a minimum number of dates; providing a one-time credit toward personal income taxes for the adoption of displaced greyhounds; and requiring that a certain amount of money be withheld and deposited into a special revenue account known as the Displaced Workers Employment Retraining Fund to assist with the retraining of workers directly impacted by the termination of greyhound racing”; to the Committee on the Judiciary then Finance.

By Delegate Linville:

H. B. 3032 - “A Bill to amend and reenact §17E-1-9 of the Code of West Virginia, 1931, as amended, relating to increasing the validity of a commercial driver's license instruction permit”; to the Committee on Technology and Infrastructure.

By Delegate Young:

H. B. 3033 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-30-1, §5-30-2, §5-30-3, §5-30-4, §5-30-5, and §5-30-6, all relating to establishing the Intergenerational Poverty Task Force; giving criteria for members; establishing duties for the task force; providing for the power of the task force; creating a report to be submitted to the Joint Committee on Government and Finance; and creating a termination date”; to the Committee on Government Organization.

By Delegate Young:

H. B. 3034 - “A Bill to amend and reenact §17B-2-15 of the Code of West Virginia, 1931, as amended, relating to authorizing the commissioner to promulgate a legislative rule to develop a driver’s license permit process for parolees under supervision by the West Virginia Division of Corrections and parole services”; to the Committee on Jails and Prisons then the Judiciary.

By Delegates Hanshaw (Mr. Speaker) and Skaff

[By Request of the Executive]:

H. B. 3035 - “A Bill to amend and reenact §18-2E-10 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §18-2E-13; to amend and reenact §18-5-18a of said code; to amend and reenact §18-9A-5 of said code; and to amend said code by adding thereto a new section, designated §18A-5-9, all relating to high-quality education programs and school operations, generally; adding legislative findings; adding mathematics requirements in kindergarten through third grade; developing the science of reading instructions to implement in classroom education; requiring the use of the early learning reporting system for Pre-K; requiring the use of benchmark assessments and/or screeners for kindergarten through third grade in reading and mathematics; emphasizing a system of support for students that demonstrate nonproficiency in reading or mathematics; assisting county boards of education in implementing the science of reading education; maximizing family engagement in classes from birth to third grade through required communication with parents or guardians regarding education proficiency; establishing standards to better equip teachers with training and evidence-based materials so they may better address student needs; ensuring that educator preparation programs prepare candidates seeking licensure for elementary education with training and instruction so that they may meet new education goals and standards; establishing that legislative appropriations shall be used for the implementation of new standards for providing high-quality education; ensuring that children who exhibit nonproficiency on the West Virginia General Summative Assessment relative to the West Virginia College career and Readiness Standards at the end of third grade shall repeat the third grade upon the recommendation of the teacher and the student assistance team; establishing the Grow Your Own West Virginia Pathway to Teaching Program; establishing that the West Virginia Board of Education shall promulgate rules to govern the program and grant funds; requiring early childhood classroom assistant teacher in certain grade levels and enrollment levels in said grade levels; removing outdated provisions; increasing ratios of service personnel per student net enrollment in state basic foundation program; requiring early childhood classroom assistant teachers exercise authority and control over students in certain instances and within certain limits; prohibiting assignment of noninstructional duties to early childhood classroom assistant teacher in excess of contractual requirements unless mutually agreed upon; and requiring in-services training for early childhood classroom assistant teachers on responsibilities and appropriate measures for exercising authority and control over students”; to the Committee on Education then Finance.

By Delegates Hanshaw (Mr. Speaker) and Skaff

[By Request of the Executive]:

H. B. 3036 - “A Bill to amend and reenact §5B-2L-14 and §5B-2L-16 of the Code of West Virginia, 1931, as amended, all relating to the increasing the number of districts and the limit on approved costs under the BUILD WV Act”; to the Committee on Economic Development and Tourism then Finance.

By Delegate Longanacre:

H. B. 3037 - “A Bill to amend and reenact §3-5-6 of the Code of West Virginia, 1931, as amended, relating to establishing partisan elections for county board of education members”; to the Committee on the Judiciary.

By Delegates Pinson, Westfall, Fast, W. Hall, Kirby, Foggin, Honaker, Coop-Gonzalez, Ridenour, Kelly and Hott:

H. B. 3038 - “A Bill to amend and reenact §17C-5-2 of the Code of West Virginia, 1931, as amended, relating to driving a motor vehicle in an impaired state under the influence of alcohol, controlled substances, or drugs causing death or serious bodily injury to any person or an to unborn fetus; providing definition; creating the felony offense of driving in an impaired state causing death to an unborn fetus; establishing criminal penalties; and increasing the penalties for driving under the influence causing death; creating the felony offense of driving in an impaired state causing serious bodily injury to an unborn fetus; establishing penalties; and increasing penalties for driving in an impaired state causing serious bodily injury”; to the Committee on the Judiciary.

By Delegates Hanshaw (Mr. Speaker) and Skaff

[By Request of the Executive]:

H. B. 3039 - “A Bill making a supplementary appropriation by adding a new item of appropriation and increasing the expenditure of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to Miscellaneous Boards and Commissions, Adjutant General – State Militia, fund 0433, fiscal year 2023, organization 0603, by supplementing and amending the appropriations for the fiscal year ending June 30, 2023”; to the Committee on Finance.

By Delegates Hanshaw (Mr. Speaker) and Skaff

[By Request of the Executive]:

H. B. 3040 - “A Bill supplementing and amending the appropriations of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Department of Administration, Office of the Secretary, fund 0186, fiscal year 2023, organization 0201, by supplementing and amending the appropriations for the fiscal year ending June 30, 2023”; to the Committee on Finance.

By Delegate Young:

H. B. 3041 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §55-22-1, §55-22-2, §55-22-3, §55-22-4, §55-22-5, §55-22-6, §55-22-7, §55-22-8, §55-22-9, and §55-22-10, all relating to permitting civil remedies for the unauthorized disclosure of intimate images; providing for a short title; defining terms; providing for a civil action; providing exceptions to liability; providing for plaintiff’s privacy; providing for remedies; creating a statute of limitations; providing for construction; providing for uniformity of application and construction; and addressing the effective date”; to the Committee on the Judiciary.

By Delegates Pinson, Crouse, Foster, C. Pritt, Fast, Ridenour, Burkhammer, Kirby, Mallow, Worrell and Martin:

H. B. 3042 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §35-1A-1, §35-1A-2, and §35-1A-3, all relating to forbidding excessive government limitations on exercise of religion; providing definitions; forbidding government from treating religious conduct more restrictively than any conduct of reasonably comparable risk; forbidding government from treating religious conduct more restrictively than comparable conduct because of alleged economic need or benefit; ensuring that, in all cases where state action is alleged to substantially burden the exercise of religion, that a compelling interest test is mandated, and strict scrutiny is applied; providing remedies; addressing applicability, construction, and severability”; to the Committee on the Judiciary.

By Delegates Miller, Mallow, Nestor, Zatezalo, Honaker, Reynolds, Crouse, Devault, Jennings and Barnhart:

H. B. 3043 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-4-18, relating to requiring blood draws from a driver involved in a motor vehicle accident causing bodily injury, physical injury, or serious bodily injury in order to determine impairment; to require black boxes on motor vehicles involved in accidents involving injury to be examined in order to determine the speed of the driver; and providing for an effective date”; to the Committee on Technology and Infrastructure then the Judiciary.

By Delegates Gearheart, Householder, Criss, Hardy, Espinosa, Storch, Smith, Nestor, Zatezalo, Maynor and Ellington:

H. B. 3044 - “A Bill to amend and reenact §29-22B-1103 of the Code of West Virginia, 1931, as amended, relating to the annual fee for limited video lottery terminal permits; establishing criteria for reduced annual fee for video lottery terminals; requiring West Virginia Lottery to determine which permit holders qualify for reduced annual permit fees and amount thereof; and making technical changes”; to the Committee on Finance.

By Delegate Dillon:

H. B. 3045 - “A Bill to amend and reenact §18-2E-8g of the Code of West Virginia, 1931, as amended, relating to establishing a temporary emergency certification for currently certified professional teachers wishing to obtain certification or endorsement in agriculture education”; to the Committee on Education.

By Delegate Dillon:

H. B. 3046 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-43, relating to the creation of the Fast Track for Agriculture Education Endorsement Program”; to the Committee on Education.

By Delegates Dillon and Dean:

H. B. 3047 - “A Bill to amend and reenact §18-5-18a of the Code of West Virginia, 1931, as amended, relating to requiring the state Board of Education to establish clear and reasonable policy regarding equivalent ratios for self-contained special education or exceptional classrooms”; to the Committee on Education.

By Delegates Dillon, Chiarelli and Crouse:

H. B. 3048 - “A Bill to amend and reenact §18-8-1 of the Code of West Virginia, 1931, as amended, relating to removing the reporting of assessments and portfolio reviews to county boards of home schooled children”; to the Committee on Education.

By Delegate Holstein:

H. B. 3049 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18B-2D-1, relating to establishing the American Campuses Act; prohibiting foreign missions of China to state higher education institutions; prohibiting involvement with Communist Chinese recruitment and propaganda programs; and setting forth reporting requirements for state institutions of higher education”; to the Committee on Education.

By Delegates Dillon and Ross:

H. B. 3050 - “A Bill to amend and reenact §18A-2-2 of the Code of West Virginia, 1931, as amended, relating to removing any requirement that West Virginia public educators be required or coerced into completing additional college credits beyond those required for successful initial teacher certification through the West Virginia Department of Education”; to the Committee on Education.

By Delegate Foster:

H. B. 3051 - “A Bill to repeal §8-13-5 of the Code of West Virginia, 1931, as amended, relating to the business and occupation or privilege tax”; to the Committee on Finance.

By Delegate Young:

H. B. 3052 - “A Bill to amend and reenact §31-15-3 of the Code of West Virginia, 1931, as amended, relating to the West Virginia Economic Development Authority; creating a small business and minority populations economic and workforce development taskforce to assist the Director of the Economic Development Authority in developing and implementing a procedure to address employment, labor force participation, and economic development problems of small business and low income and minority populations of West Virginia; and developing a pilot project that can be used as a model to promote the growth and development of small business to increase employment and labor force participation across West Virginia”; to the Committee on Economic Development and Tourism then Government Organization.

By Delegate Young:

H. B. 3053 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5D-2-1, §5D-2-2, §5D-2-3, §5D-2-4, and §5D-2-5, all relating to establishing a Legislative Commission on Energy Storage Resources; declaring legislative findings and a statement of purpose; creating the commission as an advisory body to the Legislature; providing for administrative services to the commission; listing membership; providing compensation and reimbursement for expenses of members; establishing the powers and duties of the commission; requiring reports to the Legislature; and setting a sunset date for the termination of the commission”; to the Committee on Energy and Manufacturing then Government Organization.

By Delegate Young:

H. B. 3054 - “A Bill to amend and reenact §18-2-40 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18B-1B-7 of said code, all relating to student suicide prevention; requiring suicide prevention phone numbers be printed on student identification cards for students in grades 6-12 in public schools that issue student identification cards; and requiring suicide prevention phone numbers be printed on student identification cards for students in a public or private institution of higher education that issues student identification cards”; to the Committee on Education.

By Delegates Willis, Foster, Foggin, Chiarelli, Heckert, Storch, Young, Sheedy, Hornbuckle, Reynolds and Ellington:

H. B. 3055 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2E-13, relating to the creation of a vocational math class”; to the Committee on Education.

By Delegates Riley, Linville, Heckert, Mallow, Devault, Ferrell, Statler, Vance, Willis and Warner:

H. B. 3056 - “A Bill to amend and reenact §17C-1-6 of the Code of West Virginia, 1931, as amended, relating to modifying EMS agency vehicle inspections from occurring every year to occurring every other year”; to the Committee on Fire Departments and Emergency Medical Services then Technology and Infrastructure.

By Delegate Hansen:

H. B. 3057 - “A Bill to amend and reenact §22-1-17 of the Code of West Virginia, 1931, as amended, and to amend and reenact §22-3-11 of said code, all relating to revising surface mining reclamation requirements; revising requirements for special reclamation fund account reviews; revising mining bonding requirements to require the bond be set for actual reclamation costs; creating conditions and limitations upon certain bonding companies to assure viability of the special reclamation fund; requiring coordination between the tax department and the department of environmental protection to assure accuracy in reporting and correct payments into the surface mining special reclamation fund; and requiring that mining operations keep payments to the special reclamation fund current as a condition for receiving and retaining a mining permit”; to the Committee on Energy and Manufacturing then Finance.

By Delegates Street, Chiarelli, Hillenbrand, Ridenour, Cooper, W. Hall, Phillips, Butler, Keaton, Kimble and Maynor:

H. B. 3058 - “A Bill to amend and reenact §15-1B-23 of the Code of West Virginia, 1931, as amended, relating to requiring the Adjutant General of the National Guard to pay local chapters of the Veterans of Foreign Wars for conducting military funerals for any branch of the military of the United States; and limiting amount paid”; to the Committee on Veterans' Affairs and Homeland Security then Finance.

By Delegates Reynolds, Dean, Bridges, Linville, Worrell, Willis, Honaker, Zatezalo, Barnhart, Riley and Burkhammer:

H. B. 3059 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §24-2G-1, §24-2G-2, §24-2G-3, §24-2G-4, §24-2G-5, §24-2G-6, §24-2G-7, §24-2G-8, §24-2G-9, §24-2G-10, §24-2G-11, §24-2G-12, §24-2G-13, §24-2G-14, §24-2G-15, §24-2G-16, §24-2G-17, §24-2G-18, §24-2G-19, §24-2G-20, §24-2G-21, §24-2G-22, §24-2G-23, §24-2G-24, §24-2G-25, §24-2G-26, §24-2G-27, §24-2G-28, §24-2G-29, §24-2G-30, §24-2G-31, §24-2G-32, §24-2G-33, §24-2G-34, §24-2G-35, §24-2G-36, §24-2G-37, §24-2G-38, §24-2G-39, §24-2G-40, and §24-2G-41, all relating to railroad powers of the Public Service Commission; providing a definition; clarifying regulation of service applicable to railroads; providing exceptions; allowing for inquiries into management of railroads and investigation into violations of interstate commerce law; allowing for inquiries into neglect or violations of law; authorizing examinations and production of books and papers; providing for forfeiture for refusal to comply with subpoena; requiring annual statement to commission and identification of officers and directors; requiring disclosure to commission of certain leases, contracts, and agreements, including transportation contracts; providing a prohibition against directing a violation of law; creating a duty to report certain accidents and provide adequate service and facilities; requiring filing of schedules, joint rates, and changes in schedules; directing that charges conform to schedule; requiring maintenance of depots, switches, and sidetracks; recognizing commission's authority over private tracks; requiring proper facilities for interchange of traffic; prohibiting unlawful preference; authorizing commission to regulate dangerous structures; creating a duty to repair defective track; providing for forfeiture for noncompliance; addressing installation and regulation of crossing signals; providing for expenses associated with dangerous crossings; allowing for the regulation of safety devices at grade crossings; providing for forfeiture for noncompliance with commission order; allowing claims for damages and an immediate trial; providing for counsel for the commission; providing for forfeiture for violation of article; allowing for punitive damages; prohibiting violations of article; setting forth penalties for violations; and providing rulemaking authority”; to the Committee on Technology and Infrastructure.

By Delegates Street, Chiarelli, Foggin, Hanna, Kirby, Burkhammer, Statler, Brooks, Keaton, Ellington and Pinson:

H. B. 3060 - “A Bill to amend and reenact §18-7A-13 of the Code of West Virginia, 1931, as amended, relating to permitting membership of the state teachers retirement system to include any person who has been retired by any other retirement system administered by the Board at the option of the retirant; providing for implementation and conditions of membership; and deleting a cross-reference to a repealed provision of law”; to the Committee on Pensions and Retirement then Finance.

By Delegates Summers and Tully:

H. B. 3061 - “A Bill to amend and reenact §49-9-101, §49-9-102 and §49-9-107 of the Code of West Virginia, 1931, as amended; all relating to updating the authority of the Foster Care Ombudsman"; to the Committee on Health and Human Resources.

Special Calendar

Third Reading

Com. Sub. for H. B. 2754, Relating to immunizations performed in a pharmacy; 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. 32), and there were—yeas 90, nays 5, absent and not voting 5, with the nays and the absent and not voting being as follows:

Nays: Chiarelli, Dillon, Miller, Ross and Steele.