Thursday, January 26, 2023
SIXTEENTH 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 Wednesday, January 25, 2023, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Delegate Ellington, Chair of the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 2005, Establishing the dual enrollment pilot program to be administered by the Higher Education Policy Commission and the Council for Community and Technical College Education in conjunction with the State Board of Education,
And reports back a committee substitute therefor, as follows:
Com. Sub. for H. B. 2005 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-14-4, all relating to the dual enrollment pilot program; providing definitions; establishing the program to be administered by the Higher Education Policy Commission and the Council for Community and Technical College Education in conjunction with the State Board of Education; providing for funding; providing for rulemaking; and requiring annual reporting,"
And,
H. B. 2832, Clarifying appropriate and inappropriate duties for school counselors while also providing the definition of a school counselor,
And reports back a committee substitute therefor, as follows:
Com. Sub. for H. B. 2832 - "A Bill to amend and reenact §18-5-18b of the code of West Virginia, 1931, as amended; and to amend and reenact §18A-1-1 of said code, all relating to public-school counselors, and clarifying the definition and job duties of school counselors,"
With the recommendation that the committee substitutes each do pass.
Pursuant to House Rule 80, the Speaker referred the bill (H. B. 2005) to the Committee on Finance.
Delegate Ellington, Chair of the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 2549, Permit teachers in K-12 schools be authorized to carry concealed firearms as a designated school protection officer,
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. 2549) was referred to the Committee on the Judiciary.
Delegate Ellington, Chair of the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 2835, Repeal outdated provisions of code relating to the West Virginia graduate college and Marshall University,
And reports the same back with the recommendation that it do pass.
Delegate Ellington, Chair of the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 2596, To modify when a nonresident student’s transfer may be denied,
And reports back a committee substitute therefor, as follows:
Com. Sub. for H. B. 2596 - “A Bill to amend and reenact §18-5-16 of the Code of West Virginia, 1931, as amended, relating to denying transfers to other schools by students who are suspended or expelled from a school for certain conduct and open enrollment; clarifying the circumstances in which a county board shall permit the transfer of resident and nonresident students; amending provisions pertaining to the contents of county board of education policies for open enrollment; modifying the process for transfer application denials and appeals; and requiring county boards and the State Department of Education to report annually on the number of transfer approvals and denials made pursuant to open enrollment policies,”
H. B. 2850, Clarifying general education teachers’ entitlements for the general education classroom that provide academic support for students identified as having an exceptionality whose least restrictive environment remains the general education classroom,
And reports back a committee substitute therefor, as follows:
Com. Sub. for H. B. 2850 - “A Bill to amend and reenact §18-20-1c of the code of West Virginia, 1931, as amended, relating to students with exceptional needs; clarifying entitlements for the general education teacher who has students with exceptionalities in their classroom,”
And,
H. B. 2890, The purpose of this bill is to modify student discipline,
And reports back a committee substitute therefor, as follows:
Com. Sub. for H. B. 2890 - “A Bill to amend and reenact §18A-5-1 of the Code of West Virginia, 1931, as amended, relating to authority of teachers and other school personnel for discipline of students; creating offence of behavior that is disruptive to classroom environment; teacher's responsibility to make a report after excluding student from classroom for certain offenses; excluding student from classroom for certain offenses and making exclusion an in-school suspension; providing penalty for repeat offenses; providing permissible action in event of personality clash ; and requiring each county school board to implement a tier system policy, with teacher input, to provide a framework for student behaviors and punishments,”
With the recommendation that the committee substitutes each do pass.
Delegate Phillips, Chair of the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 2705, Authorizing the Athletic Commission to promulgate a legislative rule relating to administrative rules of the West Virginia State Athletic Commission,
H. B. 2744, Authorizing the Division of Labor to promulgate a legislative rule relating to registration of service persons and service agencies,
And,
H. B. 2745, Authorizing the Division of Labor to promulgate a legislative rule relating to registration of weighing and measuring devices used by businesses in commercial transactions,
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. 2705, H. B. 2744 and H. B. 2745) were each referred to the Committee on the Judiciary.
Delegate Phillips, Chair of the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 2298, Granting counties and municipalities a portion of the net terminal income from racetrack video lottery,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2298) was referred to the Committee on Finance.
Delegate Phillips, Chair of the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
Com. Sub. for S. B. 83, Authorizing tactical medical professionals to carry firearms,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
Delegate Capito, Chair of the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
S. B. 132, Clarifying criminal offense of harassment,
And reports the same back with the recommendation that it do pass.
Delegate Capito, Chair of the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2017, Relating to service of process in child abuse cases,
And reports back a committee substitute therefor, as follows:
Com. Sub. for H. B. 2017 - “A Bill to amend and reenact §49-4-601 of the Code of West Virginia, 1931, as amended, relating to requiring the sheriff to serve child abuse and neglect petitions with additional compensation; requiring the rate of compensation to be set by the Supreme Court of Appeals; requiring the sheriff to serve the petition and notice of a preliminary hearing; clarifying the procedure for notices of subsequent hearings; and exempting the sheriff from further mechanisms for notice of the petition and preliminary hearing,”
H. B. 2509, Creating the Uniform Premarital Agreement Act,
And reports back a committee substitute therefor, as follows:
Com. Sub. for H. B. 2509 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §48-1A-101, §48-1A-201, §48-1A-301, §48-1A-401, §48-1A-501, §48-1A-601, §48-1A-701, §48-1A-801, §48-1A-901 and §48-1A-1001, all relating to the Uniform Premarital Agreement Act; defining terms; setting forth requirements and content of agreement; providing for the effect, amendment, revocation and enforcement of such agreements; establishing statute of limitations, application and construction of article; and setting forth short title,”
And,
H. B. 2569, Establishing the Motorsport Responsibility Act,
And reports back a committee substitute therefor, as follows:
Com. Sub. for H. B. 2569 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §20-19-1, §20-19-2, §20-19-3, §20-19-4, §20-19-5, §20-19-6, and §20-19-7, all relating to establishing the Motorsport Responsibility Act; providing legislative findings; defining terms; setting forth duties of motorsport operators; setting forth duties of motorsport participants; setting forth the liability of motorsport operators; setting forth the liability of motorsport participants; and providing rule-making authority,”
With the recommendation that the committee substitutes each do pass.
Delegate Martin, Chair of the Committee on Political Subdivisions, submitted the following report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 2308, Prohibit a county from charging for a building permit if the value of the improvement is less than that required for a contractor’s license,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Government Organization.
In accordance with the former direction of the Speaker, the bill (H. B. 2308) was referred to the Committee on Government Organization.
Delegate Martin, Chair of the Committee on Political Subdivisions, submitted the following report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 2038, Refer instances of election fraud to the attorney general for prosecution,
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. 2038) was referred to the Committee on the Judiciary.
Delegate Jennings, Chair of the Committee on Veterans' Affairs and Homeland Security, submitted the following report, which was received:
Your Committee on Veterans’ Affairs and Homeland Security has had under consideration:
H. B. 2375, Relating to hiring new West Virginia State Police Officers,
And,
H. B. 2584, Allow homestead exemptions for disabled veterans,
And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bills (H. B. 2375 and H. B. 2584) were each referred to the Committee on Finance.
Delegate Howell, Chair of the Committee on Economic Development and Tourism, submitted the following report, which was received:
Your Committee on Economic Development and Tourism has had under consideration:
H. B. 2512, 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,
And reports the same back with the recommendation that it do pass.
Delegate Howell, Chair of the Committee on Economic Development and Tourism, submitted the following report, which was received:
Your Committee on Economic Development and Tourism has had under consideration:
H. B. 2510, To establish the Rare Earth Element and Critical Mineral Investment Tax Credit Act,
And reports the same back with the recommendation that it do pass.
Delegate Howell, Chair of the Committee on Economic Development and Tourism, submitted the following report, which was received:
Your Committee on Economic Development and Tourism has had under consideration:
H. B. 2753, To modify e-bike laws in West Virginia,
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. 2753) was referred to the Committee on the Judiciary.
Delegate Mallow, Chair of the Committee on Fire Departments and Emergency Medical Services, submitted the following report, which was received:
Your Committee on Fire Departments and Emergency Medical Services has had under consideration:
H. B. 2670, Authorizing the Fire Commission to promulgate a legislative rule relating to volunteer firefighters’ training, equipment, and operating standards,
H. B. 2672, Authorizing the Fire Marshal to promulgate a legislative rule relating to supervision of fire protection work,
And,
H. B. 2668, Authorizing the Fire Commission to promulgate a legislative rule relating to hazardous substance emergency response training programs,
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. 2670, H. B. 2672 and H. B. 2668) were each referred to the Committee on the Judiciary.
Delegate Mallow, Chair of the Committee on Fire Departments and Emergency Medical Services, submitted the following report, which was received:
Your Committee on Fire Departments and Emergency Medical Services has had under consideration:
H. B. 2025, Relating to who may diagnose post-traumatic stress disorder as a compensable injury or disease under workers compensation,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Health and Human Resources then Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2025) was referred to the Committee on Health and Human Resources then Finance.
Delegate Mallow, Chair of the Committee on Fire Departments and Emergency Medical Services, submitted the following report, which was received:
Your Committee on Fire Departments and Emergency Medical Services has had under consideration:
H. B. 2069, Including emergency response vehicles in the single fee program for EZ Pass transponders,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2069) was 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. 2436, Relating to the implementation of an acuity-based patient classification system,
And reports back a committee substitute therefor, as follows:
Com. Sub. for H. B. 2436 - “A Bill to amend and reenact the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5B-20, relating to the implementation of an acuity-based patient classification system; defining terms; providing for legislative findings; establishing a process to develop a plan; requiring a staffing plan to be reported; providing an exemption from the Freedom of Information Act; and establishing a framework for the staffing plans to be sent,”
With the recommendation that the committee substitute do pass, and with the recommendation that second reference to the Committee on the Judiciary be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 2436) to the Committee on the Judiciary was abrogated.
Delegate Linville, Chair of the Committee on Technology and Infrastructure, submitted the following report, which was received:
Your Committee on Technology and Infrastructure has had under consideration:
H. B. 2848, Water and Sewer Operator licensing reciprocity,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Health and Human Resources.
In accordance with the former direction of the Speaker, the bill (H. B. 2848) was referred to the Committee on Health and Human Resources.
Delegate Linville, Chair of the Committee on Technology and Infrastructure, submitted the following report, which was received:
Your Committee on Technology and Infrastructure has had under consideration:
H. B. 2689, Authorizing the Division of Motor Vehicles to promulgate a legislative rule relating to denial, suspension, revocation, disqualification, restriction, non-renewal, cancellation, administrative appeals, and reinstatement of driving privileges,
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. 2689) was referred to the Committee on the Judiciary.
Delegate Linville, Chair of the Committee on Technology and Infrastructure, submitted the following report, which was received:
Your Committee on Technology and Infrastructure has had under consideration:
H. B. 2687, Authorizing the Division of Motor Vehicles to promulgate a legislative rule relating to administrative due process,
H. B. 2688, Authorizing the Division of Motor Vehicles to promulgate a legislative rule relating to examination and issuance of driver’s license,
And,
H. B. 2690, Authorizing the Division of Highways to promulgate a legislative rule relating to disposal, lease and management of real property and appurtenant structures and relocation assistance,
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. 2687, H. B. 2688 and H. B. 2690) were each referred to the Committee on the Judiciary.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, and requested the concurrence of the House of Delegates in the passage, of
S. B. 4 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-5-23, relating to authorizing Adopt-A-Trail volunteer programs for public lands under the jurisdiction of the Division of Natural Resources; providing for activities to be performed by volunteer groups; requiring volunteer project agreements with the division; requiring certain requirements in agreements; establishing minimum requirements for volunteer organizations; establishing certain limitations on activities performed by volunteer groups; and providing for project coordination and removal and disposal of trash and other items”; 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
Com. Sub. for S. B. 121 – “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, and §18B-21-4, all relating to the creation of the Student Journalist Press Freedom Protection Act; making legislative findings; defining terms; requiring that public high schools, colleges, and universities allow for the free expression of student journalists in school sponsored media; providing a framework and parameters for free expression; allowing for civil actions in the event that a student journalist’s rights are violated; specifying the judicial relief available in an appeal; and clarifying that provisions of the article do not apply to students attending private high schools, colleges, or universities”; which was referred to the Committee on Education then 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. 192 – “A Bill to amend and reenact §36-12-11 of the Code of West Virginia, 1931, as amended, relating to the Uniform Real Property Transfer on Death Act; and when revocation of a transfer is permitted”; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 208 – “A Bill to amend and reenact §30-29-5a of the Code of West Virginia, 1931, as amended, relating to criminal justice training for all law-enforcement officers and correction officers regarding individuals with autism spectrum disorders, Alzheimer’s, and related dementias and requiring that all current law-enforcement officers receive the course of basic training for appropriate interaction with and response to individuals with autism spectrum disorders, Alzheimer’s, and related dementias every three years”; 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. 244 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-30-1 and §5-30-2, all relating to making rosters of individuals who have obtained professional, occupational, and trade licenses, registrations, and certificates available to the public; stating purpose of article; and requiring entities that authorize individuals to practice a profession, occupation, or trade in this state to prepare and maintain a roster of authorized individuals and to make roster available to the public”; which was referred to the Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, and requested the concurrence of the House of Delegates in the passage, of
S. B. 245 - "A Bill to amend and reenact §24-1-7 of the Code of West Virginia, 1931, as amended, relating to making rules and regulations of Public Service Commission subject to legislative rule-making review procedures"; which was referred to the Committee on Government Organization then 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. 246 – “A Bill to amend and reenact §31G-1-3 of the Code of West Virginia, 1931, as amended, relating to revising the membership of the Broadband Enhancement Council; reducing the total number of members of the council; reducing the number of public members of the council; and revising the number of members required to establish a quorum”; which was referred to the Committee on Technology and Infrastructure.
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. 262 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-25e, relating to allowing students to transfer schools and retain his or her athletic eligibility at least one-time during a student’s four years of secondary school”; which was referred to the Committee on Education.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 264 – “A Bill to amend and reenact §3-5-7 of the Code of West Virginia, 1931, as amended; to amend and reenact §18-2-1 of said code; and to amend and reenact §18-5-1a of said code, all relating to prohibiting persons who have been convicted of certain crimes against minors from holding positions on boards of education; and requiring that a candidate for county board of education include a statement on the certificate of announcement that he or she swears and affirms that he or she has not been convicted of certain crimes against minors”; which was referred to the Committee on the Judiciary.
Resolutions Introduced
On motions for leave, Joint Resolutions were introduced and severally referred as follows:
By Delegates Thorne, Horst, Kirby, Pinson, Dillon, A. Hall, Dittman, Hornby, Householder and Miller:
H. J. R. 20 - “Proposing an amendment to the Constitution of the State of West Virginia, amending article III thereof, by adding thereto a new section, designated section 23, relating to the right to farm and ranch; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment”; to the Committee on Agriculture and Natural Resources then the Judiciary.
And,
By Delegates Hornbuckle, Fluharty, Skaff, Young, Kirby, Garcia, Dean, Bridges, Smith, Pushkin and McGeehan:
H. J. R. 21 - “Proposing an amendment to the Constitution of the State of West Virginia, amending article IV thereof by adding thereto a new section, designated section thirteen, relating to the possession, manufacture, and sale of cannabis by adults 21 years of age or older; the expungement of criminal records as it pertains to cannabis convictions; numbering and designating the proposed amendment; and providing a summarized statement of the purpose of such proposed amendment”; to the Committee on Health and Human Resources then the Judiciary.
Bills Introduced
On motions for leave, bills were introduced and severally referred as follows:
By Delegate Linville:
H. B. 3062 - “A Bill to amend and reenact §6B-3-5 of the Code of West Virginia, 1931, as amended, relating to grass roots lobbying campaigns; modifying reporting thresholds for grass roots lobbying campaigns; and clarifying the disclosure of contributions made for the purpose of furthering grass roots lobbying campaigns”; to the Committee on the Judiciary.
By Delegate Linville:
H. B. 3063 - “A Bill to amend and reenact §3-8-1a, §3-8-2, and §3-8-2b of the Code of West Virginia, 1931, as amended, all relating to requirements for disclosure of donor contributions; defining terms; modifying the requirements for disclosing individual contributions to an independent expenditure; and clarifying disclosure for contributions made for the specific purpose of electioneering communications”; to the Committee on the Judiciary.
By Delegates Hanshaw (Mr. Speaker) and Skaff
[By Request of the Executive]:
H. B. 3064 - “A Bill supplementing and amending Chapter 11, Acts of the Legislature, Regular Session, 2022, known as the budget bill, as amended, in Title II, from the appropriations of public moneys out of the Treasury in the State Fund, General Revenue, to the Department of Homeland Security, West Virginia State Police, fund 0453, fiscal year 2023, organization 0612, by supplementing and amending the appropriations for the fiscal year ending June 30, 2023 by adding new language; therefore”; to the Committee on Finance.
By Delegates Hanshaw (Mr. Speaker) and Skaff
[By Request of the Executive]:
H. B. 3065 - “A Bill supplementing and amending Chapter 11, Acts of the Legislature, Regular Session, 2022, known as the budget bill, as amended, in Title II from the appropriations of public moneys out of the Treasury in the State Fund, General Revenue, to the Department of Transportation, Division of Multimodal Transportation Facilities – Aeronautics Commission, fund 0582, fiscal year 2023, organization 0810, 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. 3066 - A supplementing and amending Chapter 11, Acts of the Legislature, Regular Session, 2022, known as the budget bill, in Title II from the appropriations of public moneys out of the Treasury in the State Fund, General Revenue, to the Department of Education, State Board of Education – State Aid to Schools, fund 0317, fiscal year 2023, organization 0402, by supplementing and amending the appropriations for the fiscal year ending June 30, 2023 by increasing and decreasing items of appropriation; therefore”; to the Committee on Finance.
By Delegates Hanshaw (Mr. Speaker) and Skaff
[By Request of the Executive]:
H. B. 3067 - “A Bill supplementing and amending Chapter 11, Acts of the Legislature, Regular Session, 2022, known as the budget bill, as amended, in Title II from the appropriations of public moneys out of the Treasury in the State Fund, General Revenue, to the Department of Transportation, Division of Multimodal Transportation Facilities – Public Transit, fund 0510, fiscal year 2023, organization 0810, by supplementing and amending the appropriations for the fiscal year ending June 30, 2023”; to the Committee on Finance.
By Delegates Holstein, Statler, Toney, Steele, Dittman, Keaton, Hanna, Clark and Hardy:
H. B. 3068 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18C-10-1, §18C-10-2, §18C-10-3, §18C-10-4, and §18C-10-5, all relating to the creation of the West Virginia STEM Scholarship Act; providing for a short title; providing for legislative findings and purpose; establishing the West Virginia STEM Scholarship Program and setting forth the amount of scholarship money to be paid to educators who satisfy the thresholds; setting forth criteria and creating a sunset provision; and providing for an effective date”; to the Committee on Education then Finance.
By Delegates Kimble, C. Pritt, Jeffries, Butler, Kirby, Ridenour, Longanacre, Pinson, Mazzocchi, Phillips and McGeehan:
H. B. 3069 - “A Bill to amend and reenact §16-1-6 of the Code of West Virginia, 1931, as amended, relating to the Commissioner of the Bureau for Public Health; and requiring medical professionals to report to the Bureau for Public Health all injuries and side effects from vaccines and produce an annual report for the Legislature; requiring medical professionals that deliver vaccines to receive educational materials from the Bureau for Public Health about negative side effects from vaccines and to be formally trained every five years; and requiring the Commissioner to make available a mechanism for individuals, including parents, to report adverse impact from vaccines”; to the Committee on Health and Human Resources.
By Delegates Kirby, E. Pritt, A. Hall, Brooks, Vance, Foggin and Ridenour:
H. B. 3070 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10-22f, relating to providing a supplemental benefit to annuitants in the Public Employees Retirement System”; to the Committee on Pensions and Retirement then Finance.
By Delegates Gearheart, Longanacre, Butler, Householder, Honaker, Brooks, Barnhart, Dean, Smith, Hanna and A. Hall:
H. B. 3071 - “A Bill to amend and reenact §17-16A-10 of the Code of West Virginia, 1931, as amended, relating to requiring the approval of the Legislature and the Governor before additional bonds may be issued by the Parkways Authority; and requiring tolls to be removed six months following removal of encumbrances for the bonds”; to the Committee on Technology and Infrastructure then Finance.
By Delegates Hanshaw (Mr. Speaker) and Skaff
[By Request of the Executive]:
H. B. 3072 - “A Bill supplementing and amending appropriations of public moneys out of the Treasury in the State Fund, General Revenue, by decreasing an existing item of appropriation and increasing an existing item of appropriation to the Department of Homeland Security, Division of Administrative Services, fund 0619, fiscal year 2023, organization 0623, by supplementing and amending 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. 3073 - “A Bill supplementing and amending the appropriations of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated 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. 3074 - “A Bill supplementing and amending Chapter 11, Acts of the Legislature, Regular Session, 2022, known as the budget bill, as amended, in Title II from the appropriations of public moneys out of the Treasury in the State Fund, General Revenue, to the Department of Transportation, Division of Multimodal Transportation Facilities, fund 0580, fiscal year 2023, organization 0810, by supplementing and amending the appropriations for the fiscal year ending June 30, 2023”; to the Committee on Finance.
By Delegate Devault:
H. B. 3075 - “A Bill to amend and reenact §8-13-5 of the Code of West Virginia, 1931, as amended, relating to clarifying that subcontractors are exempt from municipal business and occupation taxes”; to the Committee on Political Subdivisions then Finance.
By Delegates Howell, Clark, Summers, Ellington, Storch, Westfall, Hornby, Crouse, Dittman, Petitto and Heckert:
H. B. 3076 - “A Bill to amend and reenact §18-1-1 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18A-1-1 of said code, all relating to adding the definition of therapist to be employed by the county boards of education”; to the Committee on Education then Finance.
By Delegates Tully, Summers, Brooks, Jennings, Longanacre, Foster, Barnhart, Kelly, Hott, Rohrbach and Burkhammer:
H. B. 3077 - “A Bill to repeal §60A-10-16 of the Code of West Virginia, 1931, as amended, relating to making the use of the multi-state real time tracking system permanent”; to the Committee on Health and Human Resources.
By Delegates Summers, Hanshaw (Mr. Speaker), Ellington, Statler, Riley and Kelly:
H. B. 3078 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-5-7, relating to allowing payment to employees for unused annual leave in excess of the maximum end of year carryover balance or requiring carryover of annual leave”; to the Committee on Finance.
By Delegate Westfall:
H. B. 3079 - “A Bill to amend and reenact §33-16-1a and §33-16-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §33-16-2a, all relating to modify group accident and sickness insurance requirements”; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Walker and Griffith:
H. B. 3080 - “A Bill to amend and reenact §17-2A-8 of the Code of West Virginia, 1931, relating to requiring sharps containers, automatic electronic defibrillators (AEDs), and first-aid kits at welcome centers and rest areas on public highways”; to the Committee on Health and Human Resources then Finance.
By Delegate Walker:
H. B. 3081 - “A Bill to amend and reenact §61-2-1 of the Code of West Virginia, 1931, as amended; relating to abolishing felony murder or a death caused in the commission of certain other felonies”; to the Committee on the Judiciary.
By Delegates Hardy, Foster, Ridenour, Hornby, Butler and Keaton:
H. B. 3082 - “A Bill to amend and reenact §59-3-3 of the Code of West Virginia, 1931, as amended, relating to reducing rates for legal advertising”; to the Committee on the Judiciary.
By Delegate Foster:
H. B. 3083 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new chapter, designated §8B-1-1, §8B-1-2, §8B-1-3, §8B-1-4, §8B-1-5, and §8B-1-6, all relating to creating the Local Government Labor and Consumer Marketing Regulatory Limitation Act; prohibiting political subdivisions from enacting certain ordinances, regulations, local policies, local resolutions, or other legal requirements; providing a short title; setting forth legislative findings and declarations; defining terms; providing that political subdivisions may not adopt or enforce any ordinance, regulation, local policy, local resolution, or other legal requirement which regulates information requested, required, or excluded on an application for employment; providing that political subdivisions may not adopt or enforce any ordinance, regulation, local policy, local resolution, or other legal requirement which requires an employer to pay a wage higher than any applicable state or federal law; providing that political subdivisions may not adopt or enforce any ordinance, regulation, local policy, local resolution, or other legal requirement which requires an employer to pay wages or fringe benefits based on a rate prevailing in the locality or the state; providing that political subdivisions may not adopt or enforce any ordinance, regulation, local policy, local resolution, or other legal requirement which regulates work stoppages, strike activity, or means by which employees organize; providing that political subdivisions may not adopt or enforce any ordinance, regulation, local policy, local resolution, or other legal requirement which requires an employer to provide paid or unpaid leave time; providing that political subdivisions may not adopt or enforce any ordinance, regulation, local policy, local resolution, or other legal requirement which requires an employer or its employees to participate in an apprenticeship or apprenticeship training program not required by federal or state law; providing that political subdivisions may not adopt or enforce any ordinance, regulation, local policy, local resolution, or other legal requirement which regulates an employee’s hours and scheduling; providing that political subdivisions may not adopt or enforce any ordinance, regulation, local policy, local resolution, or other legal requirement which regulates standards or requirements regarding the sale or marketing of consumer merchandise that are different from or in addition to state law; providing that political subdivisions may not adopt or enforce any ordinance, regulation, local policy, local resolution, or other legal requirement which regulates standards of care or conduct for certain professions; providing for civil relief; establishing a civil cause of action which, if proven in a court of competent jurisdiction, may permit a person to recover damages, including compensatory and punitive damages, costs and attorney’s fees, injunctive relief, or any other appropriate equitable relief against any political subdivision violating the Local Government Labor and Consumer Marketing Regulatory Limitation Act; providing exceptions; clarifying effect on prior written agreements; providing that any prohibited ordinance, regulation, local policy, local resolution, or other legal requirement in effect prior to the effective date of chapter is void; providing that the prohibitions do not apply to employees of a political subdivision; and clarifying the effect on the West Virginia Alcohol and Drug-Free Workplace Act”; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Ellington, Statler, Toney, Clark, Mazzocchi, Longanacre and Foggin:
H. B. 3084 - “A Bill to amend and reenact §18-5-48 of the Code of West Virginia, 1931, as amended; to amend and reenact §18-5G-1, §18-5G-2, §18-5G-3, §18-5G-4, §18-5G-5, §18-5G-12 and §18-5G-15 of said code; and to amend and reenact §18-9A-15 of said code; all relating to revising provisions related to public charter schools; providing public charter school access to funding from School Safety Fund; modifying priorities for funds use; requiring rule on process for needs-based funding requests; expressing legislative intent on comparable levels of funding for public charter school students; authorizing state institution of higher education as applicant; prohibiting imposition of requirements on public charter schools choosing to incorporate post-secondary, industry and workforce program that are not required of noncharter public schools; authorizing public charter schools to include before and after school programs in their education program; excluding public charter school programs from regulation as child care facility; authorizing public charter school students to participate on the same basis as other public school students in extracurricular athletic and academic interscholastic activities sponsored by noncharter public school serving attendance area if not sponsored by charter school; clarifying public charter schools are exempt from state board policies unless otherwise specifically provided; requiring professional charter school board to consult with nationally recognized organizations along with the state board; requiring state board to establish framework and procedures for interaction between public charter schools and county boards to facilitate cooperation and ensure prompt transfer of records; providing for invoicing of certain funding when student transfers from and to certain entities after the beginning of the school year; prohibiting sale or other transfer of public facility after public charter school requests usage; authorizing professional charter school board to receive and expend gifts, grants and donations to carry out purposes of act, to apply for federal funds to implement programs, and to make start-up grants to public charter schools; and requiring for state board rule on method for providing increased enrollment funding for public charter schools”; to the Committee on Education then Finance.
By Delegates Rohrbach, Shamblin, Ferrell, W. Hall and Howell:
H. B. 3085 - “A Bill to amend and reenact §18-5-18b of the Code of West Virginia, 1931, as amended, by relating to authorizing county boards of education to provide public schools with the services of a licensed clinical professional counselor (LCPC) with a master's degree”; to the Committee on Education.
By Delegate Young:
H. B. 3086 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-30, relating to creating the Men’s Equality Act; and requiring 100 percent coverage under the West Virginia Public Employees Insurance plan for voluntary male sterilization”; to the Committee on Health and Human Resources then Finance.
By Delegate Young:
H. B. 3087 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §20-19-1 and §20-19-2, all relating to energy storage systems, and providing for energy storage system access”; to the Committee on Energy and Manufacturing.
By Delegate Young:
H. B. 3088 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §20-19-1, §20-19-2, and §20-19-3, all relating to energy storage, establishing legislative intent, defining terms, establishing mechanisms for procurement, and providing for legislative rules”; to the Committee on Energy and Manufacturing.
By Delegate Young:
H. B. 3089 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-13MM-1, all relating to providing tax credits for employer provided and employer sponsored child care facilities; defining terms; setting amount of credit; establishing terms for the credit; requiring certain actions when a recapture event occurs; and providing rulemaking”; to the Committee on Finance.
By Delegate Foster:
H. B. 3090 - “A Bill to repeal §19-2C-1, §19-2C-2, §19-2C-3, §19-2C-3a, §19-2C-3b, §19-2C-4, §19-2C-5, §19-2C-5a, §19-2C-5b, §19-2C-6, §19-2C-6a, §19-2C-6b, §19-2C-6c, §19-2C-7, §19-2C-8, §19-2C-8a, §19-2C-9, §19-2C-9a, and §19-2C-10 of the Code of West Virginia, 1931, as amended, relating to requiring the licensing of auctioneers”; to the Committee on Agriculture and Natural Resources then Government Organization.
By Delegate Foster:
H. B. 3091 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §6-9B-5, relating to requiring counties to provide certain information to the State Auditor for inclusion in the financial transparency website”; to the Committee on Government Organization.
By Delegate Foster:
H. B. 3092 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2-18, relating to in-state food service permit reciprocity”; to the Committee on Health and Human Resources.
By Delegates Howell, Clark, Storch, Westfall, Hornby, Crouse, Dittman, Petitto and Heckert:
H. B. 3093 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-24-9d, relating to creating a tax credit against the corporate net income tax for companies paying moving expenses of employees to West Virginia”; to the Committee on Economic Development and Tourism then Finance.
By Delegates Howell, Storch, Hornby, Crouse, Dittman, Petitto and Heckert:
H. B. 3094 - “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, and §5B-11-3, all relating to creation of the Remote Worker Home Development Act; providing for legislative findings; establishing parameters for the creation of homes and subdivisions to comport with the purpose of the Act; creating guidelines; and providing for an effective date”; to the Committee on Economic Development and Tourism then Finance.
By Delegates Howell, Westfall, Dean, Jeffries, Fast, Zatezalo, Kelly, Phillips, Hillenbrand, Clark and Storch:
H. B. 3095 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5B-2-16a; and to amend and reenact §18-9D-3 of said code, all relating to creating a Department of Economic Development grant program; to create a special revenue account in the State Treasury known as the ‘School Building Authority Agricultural, Vocational and Technical Training Facilities Grant Fund;’ and to authorize project administration of the ‘School Building Authority Agricultural, Vocational and Technical Training Facilities Grant Fund’ projects by the School Building Authority and School Building Authority project administration program for constructing, renovating and/or expanding agricultural, vocational and technical training facilities at West Virginia primary and secondary schools”; to the Committee on Economic Development and Tourism then Education.
By Delegates Howell, Clark, Westfall, Hornby, Crouse, Dittman, Petitto and Heckert:
H. B. 3096 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13MM-1, §11-13MM-2, §11-13MM-3, §11-13MM-4, §11-13MM-5, §11-13MM-6, §11-13MM-7, §11-13MM-8, §11-13MM-9, and §11-13MM-10, all relating to the Distribution Center Tax Credit Act; providing for a short title; providing legislative findings and purpose; creating definitions, including specific definitions for both small and large distribution centers; establishing the Distribution Center tax credit; providing for restrictions on investment; providing for a penalty; providing for disclosure of tax credits; providing for a tax credit review and accountability; authorizing rules; and providing an effective date”; to the Committee on Economic Development and Tourism then Finance.
Special Calendar
Third Reading
H. B. 2113, Modifying the criminal penalties imposed on a parent, guardian or custodian for child abuse; 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. 40), and there were—yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent and Not Voting: Bridges, Criss, Griffith, Skaff and Ward.
So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (H. B. 2113) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 2531, Requiring cooperation between the rail company and the Division of Highways when construction or maintenance activities are conducted by the company; 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. 41), and there were—yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent and Not Voting: Bridges, Criss, Griffith, Skaff and Ward.
So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (H. B. 2531) 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
S. B. 143, Relating to Adopt-A-Stream Program; on second reading, coming up in regular order, was read a second time.
An amendment was recommended by the Committee on Government Organization, and adopted, on page one, by striking everything after the enacting clause and inserting in lieu thereof the following:
“ARTICLE 15A. THE A. JAMES MANCHIN REHABILITATION ENVIRONMENTAL ACTION PLAN.
§22-15A-3a. Creation of Adopt-A-Stream Program required.
(a) The Adopt-A-Highway Program was established in the late 1980s to improve the quality of the state’s environment by encouraging public involvement in the elimination of highway litter. That program is cosponsored by the Division of Highways and the Department of Environmental Protection, Rehabilitation Environmental Action Plan. Its objective is to save taxpayer money by increasing public awareness and to serve as an educational tool by focusing on the consequences of littering. The program offers volunteers the opportunity to take charge of their own environment by making a positive effort to create a cleaner, more aesthetic place in which to live.
In West Virginia there are currently 25,000 volunteers who regularly pick up litter on 4,000 miles of highway. They have been responsible for removing more than 40 million pounds of litter since the program began.
(b) As with the Adopt-A-Highway Program, individuals, families, churches, businesses, schools, civic organizations, government agencies, scouting groups, fraternities, and communities may participate in an Adopt-A-Stream Program, which the department shall create and implement. Anyone who is at least 12 years old may participate Participants 17 years of age or younger must be accompanied by an adult. Any stream or river that is a part of the West Virginia Stream Partners Program within the state of West Virginia is eligible for adoption, with the exception of streams or rivers considered determined to be unsafe by the department. Volunteers may select a stream or river to adopt and then have it approved by the department, or they may ask the department to suggest an adoptable stream or river Adopted streams or river sections must be at least one mile long. Applications for adoptions will be reviewed and approved or denied at the department’s discretion. The Litter Control Fund, or other sources of funding deemed appropriate by the secretary, may be used to support the Adopt-A-Stream Program.
(c) Adoptions are for a period of one year three years, during which time at least one cleanup is required per year. As volunteers pick up litter, bags that have been filled are placed on stream sides Collected litter will be placed at designated locations approved by the department. The department may coordinate with volunteers, local authorities, and state agencies for removal and disposal by the program of collected litter. Garbage bags, safety vests, safety training, traffic warning signs, and gloves are to be furnished by the program.
(d) Adopted streams or rivers may be identified by a sign at each end of the a location along the adopted section bearing the Adopt-A-Stream logo and the name of the adopter after the first cleanup has been completed. Volunteers who complete one required litter pickup within the one-year first year of the three-year contract period shall be awarded a certificate of accomplishment signed by the secretary.
(e) Any stream obstruction or other cause for concern observed by volunteers may be reported to the Department of Environmental Protection, Division of Natural Resources, the State Conservation Committee, or the appropriate local county emergency manager.
(e) (f) The secretary may propose legislative rules for legislative approval in accordance with the provisions of pursuant to §29A-3-1 et seq. of this code.”
The bill was then ordered to third reading.
S. B. 231, Transferring administration of WV Small Business Innovation Research and Small Business Technology Transfer Matching Funds Program to Department of Economic Development; on second reading, coming up in regular order, was read a second time and ordered to third reading.
H. B. 2171, Removing obsolete provisions regarding DOH standards for studded tires and chains; on second reading, coming up in regular order, was reported by the Clerk.
On motion of Delegate Kimble, the bill (H. B. 2171) was recommitted on the Committee on Technology and Infrastructure.
Com. Sub. for H. B. 2221, Relating to bankruptcy; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 2597, Amending performance evaluations of professional personnel; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 2800, All relating to authorizing legislative rules regarding higher education; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Leaves of Absence
At the request of Delegate Kimble, and by unanimous consent, leaves of absence for the day were granted Delegates Bridges, Criss, Griffith, Skaff and Ward.
Miscellaneous Business
Pursuant to House Rule 94b, forms were filed with the Clerk's Office to be added as a cosponsor of the following:
H. B. 2035: Delegate Rohrbach;
H. B. 2038: Delegate Holstein;
H. B. 2054: Delegate Hite;
H. B. 2172: Delegate Holstein;
H. B. 2191: Delegate Holstein;
H. B. 2193: Delegate Holstein;
H. B. 2234: Delegate Holstein;
H. B. 2280: Delegate Holstein;
H. B. 2293: Delegate Cooper;
H. B. 2320: Delegate Brooks;
H. B. 2376: Delegate Ridenour;
H. B. 2454: Delegate Holstein;
H. B. 2563: Delegate Holstein;
H. B. 2599: Delegate Holstein;
H. B. 2763: Delegate Brooks;
H. B. 2765: Delegate Brooks;
H. B. 2779: Delegate Gearheart;
H. B. 2801: Delegate Garcia;
H. B. 2919: Delegate McGeehan;
H. B. 2937: Delegate Holstein;
H. B. 2973: Delegate Kump;
H. B. 2974: Delegate Kump;
H. B. 2981: Delegate Pritt;
H. B. 2997: Delegate Kump;
And,
H. B. 3008: Delegate Holstein.
Pursuant to House Rule 94b, a form was filed with the Clerk’s Office to be removed as a cosponsor of the following:
H. B. 2600: Delegate Nestor.
At 11:47 a.m., the House of Delegates adjourned until 9:00 a.m., Friday, January 27, 2023.
HOUSE OF DELEGATES
STEPHEN J. HARRISON, Clerk
Building 1, Room M-212
1900 Kanawha Blvd., East
Charleston, WV 25305-0470
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