Wednesday, February 1, 2023
TWENTY-SECOND DAY
[DELEGATE HANSHAW, MR. SPEAKER, IN THE CHAIR]
The House of Delegates was called to order by the Honorable Roger Hanshaw, Speaker.
In lieu of Prayer and the recitation of the Pledge of Allegiance, the John Marshall Fife and Drum Corps performed “Amazing Grace”, “The Star Spangled Banner”, and “The West Virginia Hills”.
The Clerk proceeded to read the Journal of Tuesday, January 31, 2023, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
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. 3141, Relating to the practice of dentistry,
And reports the same back with the recommendation that it do pass.
Delegate Storch, Chair of the Committee on Pensions and Retirement, submitted the following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
H. B. 2893, Establishing a one-time bonus payment for certain retirants,
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. 2893) 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. 2196, To remove opioid treatment programs from requiring a certificate of need,
And reports back a committee substitute therefor, as follows:
Com. Sub. for H. B. 2196 - “A Bill to repeal §16-5Y-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §16-2D-9 and §16-2D-11; all relating to removing an opioid treatment program from the from the health services which may not be developed; and exempts an opioid treatment program from certificate of need,”
H. B. 2538, Requiring usage of child welfare information technology systems,
And reports back a committee substitute therefor, as follows:
Com. Sub. for H. B. 2538 - “A Bill to amend and reenact §49-1-203 of the Code of West Virginia, 1931, as amended, to amend and reenact §49-2-111c of said code, all relating to the creation of a child welfare information technology systems; requiring the Bureau of Social Services to implement of a child welfare information technology system; providing access to the system; setting forth the requirements of the system,”
And,
H. B. 2789, Removing birthing centers from certificate of need,
And reports back a committee substitute therefor, as follows:
Com. Sub. for H. B. 2789 - “A Bill to amend and reenact §16-2D-8, §16-2D-10, and §16-2D-11 of the Code of West Virginia, 1931, as amended, all relating to removing the requirement that a birthing center obtain a certificate of need; and exempting birthing centers from obtaining a certificate of need,”
With the recommendation that the committee substitutes each do pass.
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. 2898, Banning high-risk technologies on government systems,
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. 2898) 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:
Com. Sub. for S. B. 254, Relating generally to mandatory state inspection of certain motor vehicles,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 254) was referred to the Committee on Finance.
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. 2540, Travel Insurance Model Act,
H. B. 2621, Relating generally to bail bondsman,
And,
H. B. 2861, To raise the threshold for nominal referral fees from $25 to $100,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 2540, H. B. 2621 and H. B. 2861) were each 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. 2439, Exempting from the sales tax all-terrain vehicles and utility terrain vehicles used as farm equipment,
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. 2439) was referred to the Committee on Finance.
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. 2309, To require the Division of Forestry to create an online renewal process no later than July 1, 2023,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Government Organization.
In accordance with the former direction of the Speaker, the bill (H. B. 2309) was referred to the Committee on Government Organization.
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. 2062, Establish rules and regulations for e-bikes in West Virginia that more closely comport to federal law,
And,
H. B. 2787, Farm Direct Feed Sales Exemption,
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. 2062 and H. B. 2787) 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
Com. Sub. for S. B. 160 - “A Bill to amend and reenact §5B-1A-1, §5B-1A-2, §5B-1A-3, §5B-1A-4, §5B-1A-5, §5B-1A-6, §5B-1A-7, §5B-1A-8, and §5B-1A-9 of the Code of West Virginia, 1931, as amended, all relating to establishing the West Virginia Rail Trails Program consisting of rail-to-trail and rail with trail programs; updating definitions to include definitions of “rail with trail”, “railroad right-of-way”, and “trail”; expanding authority of Division of Multimodal Transportation Facilities to acquire railroad rights-of-way and land for both trail programs; clarifying that a rail-to-trail program may not unreasonably limit ability to restore rail service on railroad rights-of-way; and expanding limitation of and exception to liability to railroad owners under certain circumstances”; 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. 166 - “A Bill to amend and reenact §5-10-48 of the Code of West Virginia, 1931, as amended, relating to reemployment after retirement by public employees; and increasing the maximum compensation that may be earned by certain retired public employees who accept legislative per diem, temporary full-time, or temporary part-time employment from a participating employer without suspending his or her retirement annuity”; which was referred to the Committee on Pensions and Retirement then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 222 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-19e, relating to requiring the State Superintendent of Schools to create a taskforce to consider options for direct funding of adult education learning centers; declaring legislative findings; providing for membership and meetings of the taskforce; and establishing deadlines for the taskforce to be created and begin its meetings and for submitting a report of recommendations to the Legislature”; 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. 249 - “A Bill to amend and reenact §30-40-3, §30-40-4, §30-40-5, §30-40-9, §30-40-11, §30-40-12, §30-40-13, §30-40-14, §30-40-15, §30-40-16, §30-40-17, §30-40-18, §30-40-19, §30-40-20, §30-40-21, §30-40-22, §30-40-25, and §30-40-26, of the Code of West Virginia, 1931, as amended; and to repeal §30-40-27, all relating to the West Virginia Real Estate License Act; amending definitions; modifying the applicability of the article; requiring certain fees to be deposited into the Treasury of the state daily; eliminating requirements for certain information to be included on applications for licensure; modifying qualifications for obtaining broker’s license; providing restrictions on the entities that may be issued a salesperson’s license; clarifying and amending requirements for prelicense education; modifying requirements for licensing based on licensure in another jurisdiction; modifying continuing education requirements; eliminating certain requirements for persons holding a broker’s license; modifying requirements for license certificates issued by the Real Estate Commission; requiring a licensed broker to reconcile trust accounts; eliminating a prohibition on financial institutions that maintain trust accounts from requiring a certain minimum balance; clarifying language related to when commission may refuse a license or revoke, suspend, or impose any other sanction against a licensee; modifying the procedure for commission to administer complaints; modifying procedure for judicial review of decisions or final orders of the commission; clarifying language regarding criminal penalties; clarifying language related to suits for collection of compensation; requiring licensees to disclose in writing whether the licensee represents the seller, the buyer, the seller and the buyer, the landlord, the tenant, or the landlord and the tenant; and repealing an outdated section of code governing the duration of existing licenses”; 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. 306 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5D-6, relating to establishing the Summer Feeding for All Program; providing findings; directing a county-by-county assessment of non-school-day student initiative; addressing food insecurities; empowering county school boards to develop initiatives and programs for feeding students in need during summer and other non-school time periods; providing county board reporting requirements to the Office of Child Nutrition; and directing the Office of Child Nutrition to collect and distribute information regarding available food resources”; which was referred to the Committee on Education then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 335 - “A Bill to amend and reenact §64-6-1 et seq. of the Code of West Virginia, 1931, as amended, all relating generally to authorizing certain agencies of the Department of Homeland Security to promulgate legislative rules; authorizing the rules as filed and as modified by the Legislative Rule-Making Review Committee and as amended by the Legislature and directing certain agencies of the Department of Homeland Security to amend current legislative rules; relating to authorizing the Governor’s Committee on Crime to promulgate a legislative rule relating to protocol for law enforcement response to domestic violence; relating to authorizing the Division of Emergency Management to promulgate a legislative rule relating to the National Flood Insurance Program; relating to authorizing the Fire Commission to promulgate a legislative rule relating to hazardous substance emergency response training programs; relating to authorizing the Fire Commission to promulgate a legislative rule relating to certification of home inspectors; relating to authorizing the Fire Commission to promulgate a legislative rule relating to volunteer firefighters’ training equipment, and operating standards; relating to authorizing the Fire Marshal to promulgate a legislative rule relating to certification of electrical inspectors; relating to authorizing the Fire Marshal to promulgate a legislative rule relating to supervision of fire protection work; relating to authorizing the Fire Marshal to promulgate a legislative rule relating to electrician licensing; relating to authorizing the Fire Marshal to promulgate a legislative rule relating to certification of home inspectors; relating to authorizing the State Police to promulgate a legislative rule relating to West Virginia State Police professional standards investigations, employee rights, early identification system, psychological assessment, and progressive discipline; and relating to directing the State Police to promulgate a legislative rule relating to modified vehicle inspections”; 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. 428 - “A Bill to amend and reenact §18-5A-2 of the Code of West Virginia, 1931, as amended, relating to Local School Improvement Councils; revising council membership requirements; requiring minutes be taken at every council meeting; revising requirements pertaining to annual council meeting regarding the school’s academic performance; requiring training on the role and governance of the councils and the production of a document on parent and community leader roles in the councils; and allowing public charter schools to abide by all or some of the local school improvement council requirements”; 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, to take effect July 1, 2023, and requested the concurrence of the House of Delegates in the passage, of
S. B. 443 - “A Bill to amend and reenact §44-3A-42 of the Code of West Virginia, 1931, as amended, relating to directing payment of the estate administration fee to the State Auditor”; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2023, and requested the concurrence of the House of Delegates in the passage, of
S. B. 444 - “A Bill to amend and reenact §11-13A-5b of the Code of West Virginia, 1931, as amended, relating to the West Virginia Future Fund; providing specific dates; and transferring any moneys in the fund to General Revenue”; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2023, and requested the concurrence of the House of Delegates in the passage, of
S. B. 446 - “A Bill to amend and reenact §11-14C-2 of the Code of West Virginia, 1931, as amended, relating to remove methanol and methanol fuel from the definition of special fuel”; which was referred to the Committee on Finance.
Resolutions Introduced
The following resolution was introduced and referred as follows:
By Delegates Ward and Espinosa:
H. C. R. 14 – “Requesting the Division of Highways name bridge number: 16-020/01-000.18 (16A044), (38.87673, -78.86634) locally known as Stanley See Bridge, carrying CR 20/1 over Lost River in Hardy County the ‘Stanley W. and Evelyn C. See Memorial Bridge’”; to the Committee on Technology and Infrastructure then Rules.
Special Calendar
Unfinished Business
The following resolutions, coming up in regular order, as unfinished business, were reported by the Clerk and adopted:
H. C. R. 11, Relating to Higher Education Consortium for Emerging Energy Technologies,
And,
H. C. R. 13, Make 2nd week of February of every year a week of recognition of the Boy Scouts of America.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Third Reading
S. B. 207, Relating to state allocation of funding to regional councils; 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. 61), and there were—yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent and Not Voting: Clark.
So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (S. B. 207) passed.
Delegate Clark, who was absent on Roll No. 61, noted to the Clerk that he would have voted “Yea” thereon.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for H. B. 2596, To modify when a nonresident student’s transfer may be denied; 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. 62), and there were—yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent and Not Voting: Clark.
So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2596) passed.
Delegate Clark, who was absent on Roll No. 62, noted to the Clerk that he would have voted “Yea” thereon.
On motion of Delegate Ellington, the title of the bill was amended to read 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 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.”
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 2613, Relating to the administration of anesthetics; 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. 63), and there were—yeas 77, nays 21, absent and not voting 2, with the nays and the absent and not voting being as follows:
Nays: Cannon, Capito, Criss, Dillon, Ellington, Foggin, Hanna, Heckert, Keaton, Kirby, Kump, Nestor, Riley, Ross, Skaff, Steele, Storch, Vance, Walker, Westfall and Willis.
Absent and Not Voting: Bridges and Linville.
So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (H. B. 2613) passed.
Delegate Householder moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 64), and there were—yeas 92, nays 6, absent and not voting 2, with the nays and the absent and not voting being as follows:
Nays: Dillon, Kirby, Kump, Nestor, Steele and Vance.
Absent and Not Voting: Bridges and Linville.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2613) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 2870, Correcting a reference relating to siting certificates for certain electric generating facilities; 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. 65), and there were—yeas 98, nays 1, absent and not voting 1, with the nays and the absent and not voting being as follows:
Nays: Vance.
Absent and Not Voting: Mallow.
So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2870) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 3061, Relating to updating the authority of the Foster Care Ombudsman; 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. 66), and there were—yeas 100, nays none, absent and not voting none.
So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3061) passed.
Delegate Householder moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 67), and there were—yeas 100, nays none, absent and not voting none.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3061) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading
Com. Sub. for H. B. 2832, Clarifying appropriate and inappropriate duties for school counselors while also providing the definition of a school counselor; on second reading, coming up in regular order, was reported by the Clerk.
At the request of Delegate Householder, and by unanimous consent, the bill was postponed one day.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for H. B. 2004, Prevent the use of payment card processing systems for surveillance of Second Amendment activity and discriminatory conduct,
Com. Sub. for H. B. 2007, Prohibiting certain medical practices,
Com. Sub. for H. B. 2008, Requiring local entities to enforce immigration laws,
Com. Sub. for H. B. 2380, Relating to School Building Authority,
Com. Sub. for H. B. 2443, Relating to service employees with National Association for Pupil Transportation Certifications,
H. B. 2768, To require all state entities and Chapter 30 boards to use “.gov” domains and e-mail addresses,
H. B. 2941, To extend the end date of the State Advisory Council on Postsecondary Attainment Goals,
And,
Com. Sub. for H. B. 3091, Requiring counties provide fiscal information for State Auditor’s WV Checkbook website.
Miscellaneous Business
- Delegate Rowe regarding the amendment offered to and the passage of Com. Sub. for H. B. 2526 on January 18, 2023
Pursuant to House Rule 94b, forms were filed with the Clerk’s Office to be added as a cosponsor of the following:
H. B. 2137: Delegates Dillon, Hornbuckle, Longanacre and Statler;
H. B. 2797: Delegate Crouse;
H. B. 2937: Delegate Hillenbrand;
H. B. 2985: Delegate Young;
H. B. 3014: Delegate Garcia;
H. B. 3018: Delegate Garcia;
H. B. 3136: Delegate Young;
H. B. 3161: Delegate Kump;
H. B. 3176: Delegate Kump;
And,
H. R. 6: Delegate Dillon.
At 12:56 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, February 2, 2023.
HOUSE OF DELEGATES
STEPHEN J. HARRISON, Clerk
Building 1, Room M-212
1900 Kanawha Blvd., East
Charleston, WV 25305-0470
Webmaster | © 2024 West Virginia Legislature **
