House Journal

__________*__________

Tuesday, February 14, 2023

THIRTY-FIFTH 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 Monday, February 13, 2023, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Reordering of the Calendar

Pursuant to the action of the Committee on Rules, Delegate Jeffries announced that Com. Sub. for H. B. 2075, on Third Reading, Special Calendar, had been transferred to the House Calendar.

At the request of Delegate Jeffries, unanimous consent was obtained for all bills on committee reports to be taken up for immediate consideration and read a first time, except those with a second committee reference.

Committee Reports

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. 2062, Establish rules and regulations for e-bikes in West Virginia that more closely comport to federal law,

And reports back a committee substitute therefor, as follows:

Com. Sub. for H. B. 2062 - “A Bill to amend and reenact §17C-1-70 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17C-11-8 of said code, all relating to modifying e-bike regulations to more closely comport to federal law; creating new definitions of e-bikes in West Virginia; permitting Class 2 e-bikes to use throttles; allowing Class 1 and Class 2 e-bikes to be operated on public lands to as to increase their usage and accessibility; and stating that users of e-bikes will not be given special privileges not otherwise given to similarly situated riders,”

H. B. 2471, Relating to the suspension of driver’s license for unpaid tickets,

And reports back a committee substitute therefor, as follows:

Com. Sub. for H. B. 2471 - “A Bill to amend and reenact §8-10-2b of the Code of West Virginia, 1931, as amended, relating to ensuring that if a person establishes a payment plan, but does not make at least one payment within 6 months either from the date of setting up the payment plan, or from the date of the most recent payment, that person's driver's license will be suspended,”

H. B. 2587, To reflect that County Sheriffs will be required to include a breakdown of the distribution of where a citizens taxes will be paid,

And reports back a committee substitute therefor, as follows:

Com. Sub. for H. B. 2587 - “A Bill to amend and reenact §11A-1-12 of the Code of West Virginia, 1931, as amended, relating to the accrual and collection of taxes; requiring the sheriff to provide a receipt for taxes collected; specifying payment information contained on the receipt; requiring the name of the sheriff and the officer receiving payment including their initials on the receipt,”

H. B. 2638, H. B. 2639,

H. B. 2638, Authorizing the Department of Administration to promulgate a legislative rule relating to purchasing,

And reports back a committee substitute therefor, as follows:

Com. Sub. for H. B. 2638 - “A Bill to amend and reenact §64-2-1 et seq. of the Code of West Virginia, 1931, as amended, all relating generally to authorizing certain agencies of the Department of Administration to promulgate legislative rules; authorizing the rules as filed and as amended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Department of Administration to promulgate a legislative rule relating to purchasing; and authorizing the Department of Administration to promulgate a legislative rule relating to parking,”

H. B. 2640, H. B. 2641, H. B. 2642, H. B. 2643, H. B. 2644, H. B. 2645, H. B. 2646, H. B. 2647,

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

And reports back a committee substitute therefor, as follows:

Com. Sub. for H. B. 2640 - “A Bill to amend and reenact §64-3-1 of the Code of West Virginia, 1931, as amended, all relating generally to authorizing certain agencies of the Department of Environmental Protection to promulgate legislative rules; authorizing the rules as filed, as modified, and as modified and amended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to standards of performance for new stationary sources; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to requirements for operating permits; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to emission standards for hazardous air pollutants; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to control of ozone season nitrogen oxides emissions; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to quarrying and reclamation; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the Recycling Assistance Grant Program; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the Reclamation of Abandoned and Dilapidated Properties Grant Program; and authorizing the Secretary’s Office of the Department of Environmental Protection to promulgate a legislative rule relating to reclamation of solar and wind electricity generation facilities,”

And,

H. B. 3190, Amending the definition of “minor”,

And reports back a committee substitute therefor, as follows:

Com. Sub. for H. B. 3190 - “A Bill to amend the Code of West Virginia, 1931, as amended, and to amend and reenact §61-3C-14b, §61-8A-1,  §61-14-1, relating to criminal liability to include adults that use computers by which to solicit, entice, seduce, lure, or attempt to solicit, entice, seduce, or lure a minor, or a person purported to be a minor, to engage in specific enumerated illegal acts contained in the West Virginia Code and providing definition of ‘minor’ therein; also relating to expanding criminal liability to include adults who additionally engage in an overt act which is designed to put the adult in the physical presence of the minor, or a person purported to be a minor; also relating to amending §61-8A-1 to amend the definition of ‘minor’; also relating to amending §61-14-1 to amend the definition of ‘minor’; and to amend and the Code of West Virginia, 1931, as amended by creating a new section, §61-8-32, relating to imposing criminal liability to include adults who by any means, not involving the use of computer, solicit, entice, seduce, lure, or attempt to solicit, entice, seduce, or lure a minor, or a person purported to be a minor, to engage in specific enumerated illegal acts contained in the West Virginia Code and also providing definition of ‘minor’ therein; also relating to expanding criminal liability to include adults who additionally engage in an overt act which is designed to put the adult in the physical presence of the minor,”

With the recommendation that the committee substitutes each do pass.

Unanimous consent having been previously obtained, the bills (Com. Sub. for H. B. 2062,  Com. Sub. for H. B. 2471, Com. Sub. for H. B. 2587, Com. Sub. for H. B. 2638, Com. Sub. for H. B. 2640 and Com. Sub. for H. B. 3190) were taken up for immediate consideration, read a first time, and ordered to second reading.

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. 3279, Relating to municipal home rule appeals,

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. 3279) was 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. 2515, Require agencies to develop and maintain an inventory of available services for single parents wanting to obtain degrees, secure training or reenter the workforce,

And reports back a committee substitute therefor, as follows:

Com. Sub. for H. B. 2515 - “A Bill to amend and reenact §9-3-1 and §9-3-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §18B-1B-4; and to amend said code by adding thereto a new section, designated §21A-10-24, all relating to requiring certain agencies to work together to create an inventory of occupational and educational resources for certain persons qualified to receive assistance and to maintain and distribute that document; requiring that the Bureau for Family Assistance, the Higher Education Policy Commission, and Workforce West Virginia develop and maintain an inventory of available services and supports for individuals qualified to receive federal, federal-state, or state assistance and who wish to obtain a degree, secure workforce training, or reenter the workforce; requiring the Bureau for Family Assistance, the Higher Education Policy Commission, and Workforce West Virginia to maintain the document on their websites and to distribute the document via first-class mail upon request,”

With the recommendation that the committee substitute do pass.

Unanimous consent having been previously obtained, the bill (Com. Sub, for H. B. 2515) was taken up for immediate consideration, read a first time, and ordered to second reading.

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. 2820, To provide HOPE Scholarship recipients with the ability to play sports,

And reports back a committee substitute therefor, as follows:

Com. Sub. for H. B. 2820 - “A Bill to amend and reenact §18-2-25 of the Code of West Virginia, 1931, as amended, relating to allowing participants in the Hope Scholarship Program, Microschools and Learning Pods access to athletics; prohibiting private school student from participating in public school sport offered at private school; making private school students subject to member to member transfer protocols and Activities Commission waiver application process,”

And,

H. B. 3293, Relating generally to identifying and educating exceptional children exhibiting indicators or diagnosed with dyslexia or dyscalculia,

And reports back a committee substitute therefor, as follows:

Com. Sub. for H. B. 3293 - “A Bill to amend and reenact §18-20-10 of the Code of West Virginia 1931, as amended, relating generally to identifying and educating exceptional children exhibiting indicators or diagnosed with dyslexia or dyscalculia; and establishing requirements for the state educational agency and local educational agencies to identify and support students with dyslexia and dyscalculia indicators or diagnosis in the public school system,”

With the recommendation that the committee substitutes each do pass.

Unanimous consent having been previously obtained, the bills (Com. Sub. for H. B. 2820 and Com. Sub. for H. B. 3293) were taken up for immediate consideration, read a first time, and ordered to second reading.

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. 3273, Create State Tech Transfer Commission,

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. 3273) was referred to the Committee on the Judiciary.

Delegate Criss, Chair of the Committee on Finance, submitted the following report, which was received:

Your Committee on Finance has had under consideration:

H. B. 3012, To encourage economic development regarding rare earth elements and critical minerals, as defined, by providing temporary severance tax relief,

And reports back a committee substitute therefor, as follows:

Com. Sub. for H. B. 3012 - “A Bill to amend and reenact §11-13A-3c of the Code of West Virginia, 1931, as amended, relating to the imposition of the tax on the privilege of severing other natural resources; providing for an exemption from the imposition of the severance tax for a period of 9 years beginning on July 1, 2023, for severing rare earth elements and critical minerals; and defining rare earth elements and critical minerals,”

H. B. 3110, Relating to funding the Office of Oil and Gas in the Department of Environmental Protection,

And reports back a committee substitute therefor, as follows:

Com. Sub. for H. B. 3110 - “A Bill to amend and reenact §11-13A-5a of the Code of West Virginia, 1931, as amended, and to amend and reenact §22-6-2, §22-6-29, and §22-6A-7 of said code; all relating to funding the Office of Oil and Gas in the Department of Environmental Protection; providing for the apportionment of three fourths of one percent of oil and gas severance taxes to Office of Oil and Gas; establishing two tiers of annual oversight fees for wells producing more than 60,000 cubic feet of gas per day; increasing the expedited permit modification fee by $2500 over the current level; eliminating the one million dollar cap on deposits to the Oil and Gas Operating Permit and Processing Fund from collections of fees for expedited permits and expedited permit modifications; providing that those fees, if not used for other purposes, may be moved to the Oil and Gas Reclamation Fund; and making technical corrections,”

And,

H. B. 3168, Ensuring investment in WV Tourism is competitive with other states and accessible long term,

And reports back a committee substitute therefor, as follows:

Com. Sub. for H. B. 3168 - “A Bill to amend and reenact §5B-2E-3, §5B-2E-5, §5B-2E-6, §5B-2E-7 and §5B-2E-7a of the Code of West Virginia, 1931, as amended; all relating to amending and modernizing the Tourism Development Act; modifying definition of approved costs; allowing eligible company to operate or intend to operate directly or indirectly through a management company; modifying definition of tourism attraction; modifying definitions of tourism development project and tourism development expansion project; providing discretion regarding subjective criteria; modifying project requirements relating to production of revenues; providing for application of effective date; modifying terms and provisions of agreements between Department of Economic Development and approved company; providing additional conditions under which allowable credit is increased;  providing a mechanism by which a project may amend the date by which it is to be complete; extending availability of enhanced credits; extending enhanced credit to projects involving historic structures; authorizing an additional fifteen-year term for companies to continue taking authorized and outstanding tax credits; removing provisions for carry forward, carry back and forfeiture of credits; providing for elections to not use credit; and updating references to ‘department’ and its secretary,”

With the recommendation that the committee substitutes each do pass.

Unanimous consent having been previously obtained, the bills (Com. Sub. for H. B. 3012, Com. Sub. for H. B. 3110 and Com. Sub. for H. B. 3168) were taken up for immediate consideration, read a first time, and ordered to second reading.

Delegate Criss, Chair of the Committee on Finance, submitted the following report, which was received:

Your Committee on Finance has had under consideration:

H. B. 3192, Abolishing the Center for Nursing and transferring its duties and authorities to the Higher Education Policy Commission,

And,

H. B. 3286, Relating to an additional modification decreasing federal taxable income,

And reports the same back with the recommendation that they each do pass.

Unanimous consent having been previously obtained, the bills (H. B. 3192 and H. B. 3286) were taken up for immediate consideration, read a first time, and ordered to second reading.

Messages from the Executive

and Other Communications

A communication from His Excellency, the Governor, advised that on February 13, 2023, he approved Com. Sub. for H B. 2018, H. B. 2029 and H. B. 2506.

A communication from the Clerk of the Senate to His Excellency, the Governor, advised that on February 13, 2023, S. B. 4 and S. B. 241 were presented to the Governor.

The Clerk announced that H. B. 2835 was presented to the Governor on February 13, 2023.

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. 47 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5G-17, relating to creating the Charter Schools Stimulus Fund to provide financial support to charter school applicants and charter schools that may not otherwise have the resources for start-up costs; requiring State Board of Education rules; specifying  requirements the rules are to include; requiring the West Virginia Professional Charter School Board to distribute moneys from the fund to qualifying charter school applicants and charter schools; specifying the manner of distribution; and requiring reimbursement of grant amount plus interest if the recipient has not begun operating a charter school within the next 30 months”; 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 January 1, 2024, and requested the concurrence of the House of Delegates in the passage, of

Com. Sub. for S. B. 59 - “A Bill to amend and reenact §21A-2D-2 and §21A-2D-3 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §21A-2D-2a; to amend said code by adding thereto a new article, designated §21A-3-1, §21A-3-2, and §21A-3-3; to amend and reenact §21A-6-1 and §21A-6-10 of said code; and to amend said code by adding thereto a new section, designated §21A-6-1d, all relating to eligibility for and amount of unemployment benefits; modifying methodology for calculating maximum benefit rate; modifying benefit table consistent with adoption of indexing; requiring Workforce West Virginia Commissioner take certain actions to verify unemployment insurance claim program integrity; requiring commissioner to review suspicious or potentially improper claims under certain circumstances; defining ‘state average unemployment rate’; limiting the maximum duration of unemployment benefits based on the state average unemployment rate; requiring Workforce West Virginia to promulgate legislative rules; establishing an internal effective date; reducing maximum benefit for each wage class;  requiring work search activities to qualify for unemployment benefits; defining what constitutes work search activities; mandating submittal of proof of work search activities; providing for verification of work search activities; granting commissioner of Workforce West Virginia discretion in verification of work search activities; mandating establishment of process to refer individuals seeking unemployment benefits to job opportunities; requiring individuals receiving referrals to suitable work to apply for and accept that work; mandating employers to report refusal of offer of employment to commissioner; allowing individuals who accept part-time non-suitable employment to receive unemployment benefits without reduction for wages under certain circumstances; making certain individuals applying for or receiving unemployment benefits exempt from work search requirements; establishing process for notification of work search activity requirements; requiring rulemaking; setting internal effective date”; which was referred to the Committee on Workforce Development 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. 187 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8B-11b, relating to making it a felony offense for any school employee or volunteer to engage in sexual intercourse, sexual intrusion, or sexual contact with any student in the school where the person is employed regardless of age; defining terms;  declaring that neither consent nor location where an offense occurs is a defense to prosecution specifying the criminal penalties for this offense; and declaring that a final conviction under this section causes the permanent revocation of any education related certificate the school employee may hold”; 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, to take effect July 1, 2023, and requested the concurrence of the House of Delegates in the passage, of

S. B. 237 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §5-10-22m and §5-10-22n; and to amend said code by adding thereto two new sections, designated §18-7A-26x and §18-7A-26y, all relating to the Public Employees Retirement System and the State Teachers Retirement System; providing a one-time bonus of $1,500 for certain annuitants; and increasing the minimum monthly benefit for certain annuitants”; 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. 290 - “A Bill to amend the Code of West Virginia 1931, as amended, by adding thereto a new article, designated §33-62-1, §33-62-2, §33-62-3, and §33-62-4, all relating to dental health care service plans; providing for transparency of expenditures of patient premiums; requiring carriers to file annual reports; requiring annual rebates in the form of premium reductions if funds spent for patient care is less than a certain percentage of premium funds; and providing for legislative and emergency rulemaking”; which was referred to the Committee on Banking and Insurance then Health and Human Resources.

A message from the Senate, by

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

S. B. 487 - “A Bill to amend and reenact §11-21-12d of the Code of West Virginia, 1931, as amended, relating to extending the additional modification reducing federal adjusted gross income”; which was referred to the Committee on Finance.

A message from the Senate, by

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

Com. Sub. for S. B. 505 - “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”; which was referred to the Committee on Finance.

A message from the Senate, by

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

S. B. 508 - “A Bill to amend and reenact §6B-3-5 of the Code of West Virginia, 1931, as amended, relating 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”; 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. 516 - “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”; which was referred to the Committee on the Judiciary.

Resolutions Introduced

Resolutions were introduced and severally referred as follows:

By Delegate Ridenour:

H. R. 14 – “Disband the Federal Bureau of Investigation and other politicized intelligence and law enforcement agencies”; to the Committee on the Judiciary then Rules.

By Delegates Skaff and Young:

H. C. R. 36 – “Requesting the Division of Highways name Bridge numbers: 20-064/00-049.98 (EB & WB) (20A779,20A782) Lat/Long: 38.38760, -8176827 Original Name: 1-64 Institute Interchange (EB&WB) Feature Intersected I-64 Ramps C & D in Kanawha County, the ‘U. S. Army Pvt. Charles A. White, Sr. Memorial Bridge’”; to the Committee on Technology and Infrastructure then Rules.

By Delegate Ridenour:

H. C. R. 37 – “Requesting that Congress call a convention of states”; to the Committee on the Judiciary then Rules.

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

By Delegates Miller, Householder, Marple, Longanacre, Hite, DeVault and Coop-Gonzalez:

H. J. R. 27 – “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; and to provide these veterans with hunting and fishing licenses at half the price”; to the Committee on Finance then the Judiciary.

By Delegate McGeehan:

H. J. R. 28 – “Proposing an amendment to the Constitution of the State of West Virginia, amending article VII, section four, 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 Delegate Ellington:

H. B. 3441 - “A Bill to amend and reenact §18B-1D-9 of the Code of West Virginia, 1931, as amended, all relating to revising the training requirements for members of the Higher Education Policy Commission, the Council for Community and Technical College Education, and the institutional governing boards; requiring that the chancellor of the commission and the chancellor of the council develop a comprehensive orientation and training program for members of the commission, council and the institutional governing boards and ongoing educational opportunities for the ongoing members of those governing bodies; setting forth requirements for new member training; clarifying ongoing member training requirements; allowing for alternative training under certain circumstances; removing reporting requirement to the Legislative Oversight Commission on Education Accountability; and making technical changes”; to the Committee on Education.

By Delegate Howell:

H. B. 3442 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated as §20-19-1, §20-19-2, §20-19-3, §20-19-4, §20-19-5, §20-19-6, §20-19-7, and §20-19-8, all relating to the creation of the Mountain Bike Responsibility Act; stating a legislative purpose; defining terms; providing for duties of mountain operators; and providing for duties of bicyclists and passengers on aerial passenger tramways”; to the Committee on Economic Development and Tourism then the Judiciary.

By Delegates Maynor and Linville:

H. B. 3443 - “A Bill to amend the Code of West Virginia,1931, as amended, by adding thereto a new section, designated §29-1-15, relating to a development or improvement on land subject to review by the State Historic Preservation Office or by any other agency, office, or component of the Division of Culture and History; establishing the division shall not add any additional impediment to such review beyond those required by applicable Federal laws, rules, or regulations; and granting rule-making authority”; to the Committee on Economic Development and Tourism.

By Delegate Phillips:

H. B. 3444 - “A Bill to amend and reenact §4-13A-2 of the Code of West Virginia, 1931, as amended, relating to adding the Cabinet Secretary of Economic Development, or a designee to the West Virginia Semiquincentennial Commission”; to the Committee on Economic Development and Tourism then Government Organization.

By Delegate Nestor:

H. B. 3445 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §62-12-30, relating to probation and parole; creating earned compliance credits for individuals on probation and parole for certain behaviors and actions to incentivize rehabilitation efforts; authorizing supervising officers to recommend rescinding of credit to the court in certain circumstances; and requiring the Division of Corrections and Rehabilitation and the Division of Probation Services to provide annual reports to the Legislature”; to the Committee on the Judiciary.

By Delegates Howell, Anderson, Westfall, Marple, Storch, Keaton and Maynor:

H. B. 3446 - “A Bill to amend and reenact §24-2-1 of the Code of West Virginia, 1931, as amended, relating to clarifying the powers of the public service commission as to electric generating facilities”; to the Committee on Energy and Manufacturing.

By Delegate Ridenour:

H. B. 3447 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section designated §18-2-24, relating to weighting final semester examinations”; to the Committee on Education.

By Delegates Kelly and Hott:

H. B. 3448 - “A Bill to amend and reenact §62-12-5 of the Code of West Virginia, 1931, as amended, relating to probation officer field training”; to the Committee on the Judiciary.

By Delegates Hansen and Walker:

H. B. 3449 - “A Bill to amend and reenact §6-9A-9 of the Code of West Virginia, 1931, as amended, relating to allowing recordings of closed meetings, and release in certain circumstances”; to the Committee on the Judiciary.

By Delegates Espinosa, Willis, Householder, Hardy, Criss, Zatezalo, Storch, Clark, Fluharty and Shamblin:

H. B. 3450 - “A Bill to amend and reenact §29-22A-10 of the Code of West Virginia, 1931, as amended, all relating to racetrack video lottery; providing for certain transfers to and from the Licensed Racetrack Modernization Fund; and specifying the eligible purpose for recoupment of funds on deposit in facility modernization account within the Licensed Racetrack Modernization Fund”; to the Committee on Finance.

By Delegates Hillenbrand, Ridenour, Sheedy, Street and Cooper:

H. B. 3451 - “A Bill to amend and reenact §6-13-1 of the Code of West Virginia, 1931, as amended, relating to updating the veteran preference ratings in state code for state employment”; to the Committee on Government Organization.

By Delegate Young:

H. B. 3452 - “A Bill to amend and reenact §15-1B-11 of the Code of West Virginia, 1931, as amended, relating generally to uniform and equipment allowances for the National Guard”; to the Committee on Veterans' Affairs and Homeland Security then Finance.

By Delegate Young:

H. B. 3453 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §46A-9-1, §46A-9-2, §46A-9-3, §46A-9-4, §46A-9-5, §46A-9-6, §46A-9-7, §46A-9-8, §46A-9-9, §46A-9-10, and §46A-9-11, all relating to consumer data privacy; defining terms, requiring privacy for certain identifying personal information; establishing a consumer right to request copy of personal data collected; establishing a consumer right to have personal information deleted or corrected; establishing a consumer right to request personal data sold or shared; establishing a consumer right to opt-out of the sale or sharing of personal information to third parties; prohibiting discrimination against consumers who exercise their right under this article; establishing procedures for requests for personal information under this article; establish a form to opt-out of sale or sharing of personal information; creating a private cause of action; empowering the West Virginia Division of Consumer Protection to establish rules under this article for enforcement; and empowering the West Virginia Division of Consumer Protection to bring suit for violation of this article”; to the Committee on Technology and Infrastructure then the Judiciary.

By Delegates Hornbuckle, Walker and E. Pritt:

H. B. 3454 - “A Bill to amend and reenact §17C-12-7 of the Code of West Virginia, 1931, as amended, relating to modifying the criminal penalties for overtaking or passing a stopped school bus loading or unloading children with warning signals engaged”; to the Committee on the Judiciary.

By Delegates Kimble and Jeffries:

H. B. 3455 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-66-1 and §16-66-2, all relating to creating a patient's right to refuse medical treatment from a resident or student when a licensed physician is available and to require medical professionals to obtain consent for a resident to treat a patient in advance of the appointment or procedure”; to the Committee on Health and Human Resources.

By Delegates C. Pritt and Kimble:

H. B. 3456 - “A Bill to amend and reenact §42-4-2 of the Code of West Virginia, 1931, as amended, relating to actions that bar acquisition of estate or insurance money; and prohibiting a person who is proven by a preponderance of evidence in a civil action to have committed elder abuse, from inheriting from the abused person”; to the Committee on the Judiciary.

By Delegate C. Pritt:

H. B. 3457 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §3-1-32a, relating to providing voters with the ability to identify and verify their ballot cast in a statewide election held in West Virginia”; to the Committee on the Judiciary.

By Delegates Young and Pushkin:

H. B. 3458 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §27-18-1, §27-18-2, §27-18-3, §27-18-4, §27-18-5, and §27-18-6, all relating to establishing the behavioral health reform and innovation council; declaring the title of the act; creating the council; describing the scope of the council; detailing the composition of the council; requiring meetings and setting certain rules for the meetings; stating powers and duties of the council; and defining subcommittees of the council”; to the Committee on Health and Human Resources then Government Organization.

By Delegate Phillips:

H. B. 3459 - “A Bill to amend and reenact §5A-3-10e of the Code of West Virginia, 1931, as amended, allowing for evaluation of prequalified bidders to be based on best value”; to the Committee on Government Organization.

By Delegates Hott, Barnhart and Westfall:

H. B. 3460 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31A-4-46, relating to the merger of intrastate banks”; to the Committee on the Judiciary.

By Delegate Walker:

H. B. 3461 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-66-1, relating to the creation of the Stars That Shine Fund”; to the Committee on Finance.

By Delegate Young:

H. B. 3462 - “A Bill to amend and reenact §18-20-10 of the Code of West Virginia, 1931, as amended, relating generally to identifying and educating exceptional children exhibiting indicators or diagnosed with dyslexia or dyscalculia; and establishing requirements for the state educational agency and local educational agencies to identify and support students with dyslexia or dyscalculia indicators or diagnosis in the public school system”; to the Committee on Education then Finance.

By Delegates Walker, Pushkin, Hansen, Griffith, Hornbuckle, Rowe, Garcia, Williams, Skaff, Fluharty and Young:

H. B. 3463 - “A Bill to amend and reenact §5A-1-11 of the Code of West Virginia, 1931, as amended, all relating to requiring the EEO coordinator to undertake a study of the ADA accessibility of the Main Capitol Building”; to the Committee on Government Organization.

By Delegates Espinosa, Criss, Hardy, Summers, Ridenour, Householder, Storch, Willis and Fluharty:

H. B. 3464 - “A Bill to amend and reenact §29-22A-10d, §29-22A-10e of the Code of West Virginia, 1931, as amended; and to amend and reenact §29-22C-27a of said code, all relating to the racetrack video lottery changes in distribution of net terminal income; changes in distribution of adjusted gross receipts in the lottery racetrack table games; and to restore moneys previously removed from net terminal income in 2014”; to the Committee on Finance.

By Delegates Heckert and Foggin:

H. B. 3465 - “A Bill to amend and reenact §27-5-1b of the Code of West Virginia, 1931, as amended, relating to an involuntary commitment pilot program”; to the Committee on the Judiciary.

By Delegate Toney:

H. B. 3466 - “A Bill to amend and reenact §59-1-14 of the Code of West Virginia, 1931, as amended, relating to fees charged by sheriffs”; to the Committee on Political Subdivisions then Finance.

By Delegate Young:

H. B. 3467 - “A Bill to amend and reenact §8-13-7 of the Code of West Virginia, 1931, as amended; to amend and reenact §11-16-3, §11-16-11, §11-16-11c, and §11-16-16 of said code; to amend and reenact §60-1-5a and §60-1-5c of said code; to amend and reenact §60-4-3a of said code; to amend said code by adding thereto four new sections, designated §60-6-27 and §60-6-28; to amend and reenact §60-8-16; and to amend said code by adding thereto a new article, designated §60-10-1 and §60-10-2, all relating to allowing municipalities to establish ‘entertainment zones’ that would allow for bars and restaurants to sell drinks for to-go consumption in designated areas; allowing nonresident business owners to open a brewery; directing home sales of beer to be on equal footing with wine, cider, and liquor; allowing retail liquor stores, beer stores, and wine stores to have direct-to-home sales; removing ABV caps on wine, cider, and beer; removing background check and label approval requirements for temporary brewery permit; allowing breweries with a temporary license to sell to any retail store or bar/restaurant; separating the Tax Department from ABCA; restricting employment to just one agency; removing fingerprinting requirement for license/permit applications; providing oversight of ABCA and Tax Department from unilaterally changing or modifying interpretations of state law/code, requiring the ABCA to create an online label database; providing an online submission of ABCA documents and applications; allowing ABCA licensees to pay for license applications/renewals with standard business checks or credit/debit cards; requiring a 15-day maximum time period for processing ABCA paperwork; allowing private clubs to batch cocktails and dispense cocktails without additional approval from the ABCA; allowing wine, cider, and liquor to be dispensed on patios/outdoor spaces; allowing stadiums and arenas to sell liquor and cocktails; removing food sale requirements for carry out alcohol sales at bars and restaurants; legalizing neon beer signs; allowing alcohol manufacturers to own more than one facility; providing term limits for ABCA administration; providing for a third-party audit of ABCA; forbidding the ABCA administration from contacting licensees by phone; requiring the ABCA to announce compliance sweeps/stings/checks in the same manner that DUI checkpoints are announced; removing the monthly ‘account sweeping’ requirement; adjusting the two percent gross tax on distilleries; providing for a license for art gallery beer and wine; and providing for a license for food hall that has separate sales for food and alcohol and shares a communal space”; to the Committee on Government Organization then the Judiciary.

By Delegate Statler:

H. B. 3468 - “A Bill to amend and reenact §18-5-45 of the Code of West Virginia, 1931, as amended, relating to modifying the school calendar; setting the school year to 175 days of instruction; establishing limits on the start and end of the school year; and modifying the number and purposes of noninstructional days”; to the Committee on Education.

By Delegates Fluharty, Hornbuckle, Pushkin, E. Pritt, Young and Skaff:

H. B. 3469 - “A Bill to amend and reenact §6-5-5 of the Code of West Virginia, 1931, as amended, relating to prohibiting persons convicted of a felony related to interfering with an election related proceeding of the United States Congress from running for or election to a public office”; to the Committee on the Judiciary.

By Delegate Howell:

H. B. 3470 - “A Bill to amend and reenact §4-2A-4 of the Code of West Virginia,1931, as amended, relating to adding a category of additional days available to legislators for attending to constituent services and to clarify that additional days may be granted for legislators attending to legislative business or attending to constituent services during any period following an adjournment of more than three days from a regular, extended or extraordinary session in the discretion of the presiding officer”; to the Committee on the Judiciary then Finance.

By Delegate Phillips:

H. B. 3471 - “A Bill to amend and reenact §6C-2-5, §6C-2-6, and §6C-2-8 of the Code of West Virginia, 1931, as amended, all relating to the Public Employees Grievance Procedure; to establish that appeals to Level 3 decisions by the board be heard by the Intermediate Court of Appeals”; to the Committee on the Judiciary.

By Delegates Walker and Hansen:

H. B. 3472 - “A Bill to repeal §9-2-11 of the Code of West Virginia, 1931, as amended; to repeal §16-2I-1, §16-2I-2, §16-2I-3, §16-2I-4, §16-2I-5, §16-2I-6, §16-2I-7, §16-2I-8, and §16-2I-9 of said code; to repeal §16-2M-1, §16-2M-2, §16-2M-3, §16-2M-4, §16-2M-5, §16-2M-6, and, §16-2M-7 of said code; to repeal §16-2O-1 of said code; to repeal §16-2P-1 of said code; to repeal §16-2Q-1 of said code; to repeal §16-2R-1, §16-2R-2, §16-2R-3, §16-2R-4, §16-2R-5, §16-2R-6, §16-2R-7, §16-2R-8, and §16-2R-9 of said code; to amend and reenact §30-1-26; to amend and reenact §30-14-12d of said code; to repeal §33-42-8 of said code; to repeal §61-2-8 of said code; all relating to returning a woman’s right to choose”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Linville and Maynor:

H. B. 3473 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated as §17-2E-10, relating to creating a work group to create procedures and policies and a plan for the construction of a database with information necessary for infrastructure maintenance and development, providing a date by which a report must be given to the Committee on Technology, and providing an effective date”; to the Committee on Technology and Infrastructure.

By Delegates Steele:

H. B. 3474 - “A Bill to amend §17D-4-2 of the Code of West Virginia, 1931, as amended, all relating to proof of financial responsibility, by increasing mandatory insurance coverage limits”; to the Committee on the Judiciary.

By Delegate Steele:

H. B. 3475 - “A Bill to amend the Code of West Virginia, 1931 as amended, by adding thereto a new section, designated as §16A-12-10, all relating to the offense of adulteration or alteration of medical cannabis testing results; defining offense; and setting forth penalties”; to the Committee on the Judiciary.

By Delegate Pushkin:

H. B. 3476 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article designated as §31D-9-901, §31D-9-902, §31D-9-903, §31D-9-904 and §31D-9-905, all relating to establishing workers cooperative corporations; providing a short title; providing legislative findings and purpose; defining terms; requiring certain articles and conditions for workers cooperative corporations; and providing criteria for their dissolution”; to the Committee on Economic Development and Tourism then the Judiciary.

By Delegate Dillon:

H. B. 3477 - “A Bill to amend and reenact §15-5-6 of the Code of West Virginia, 1931, as amended, relating to the clarification of the Governor's management provisions after a State of Emergency is announced”; to the Committee on Government Organization then the Judiciary.

By Delegates Hillenbrand, Chiarelli, Coop-Gonzalez, Warner, Hanna and Forsht:

H. B. 3478 - “A Bill to amend and reenact §22-15-21 of the Code of West Virginia, 1931, as amended, relating to the disposition of used tires by state residents; requiring dealers to collect a tire disposal fee at purchase of new tires, effective July 1, 2024; and providing that retail dealers collect waste tires for recycling or proper disposal without charge”; to the Committee on Government Organization.

By Delegates Fehrenbacher, Espinosa, Mallow, Adkins, DeVault, Riley, Fast, Hillenbrand, Westfall, Anderson and Zatezalo:

H. B. 3479 - “A Bill to amend and reenact §61-16-1 and §61-16-2 of the Code of West Virginia, 1931, as amended, all relating to unmanned aircraft; adding definitions; requiring compliance with all federal laws and regulations relating to such vehicles; and creating criminal offenses and penalties for certain conduct using an unmanned aircraft system”; to the Committee on the Judiciary.

By Delegates Hite, Horst, Miller and Hornby:

H. B. 3480 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §46A-9-101, §46A-9-102, and §46A-9-103, all relating to the enactment of the West Virginia Consumer Privacy Act of 2023”; to the Committee on the Judiciary.

By Delegates Miller, Longanacre, Marple, Hite, Mallow, Jennings, DeVault and Householder:

H. B. 3481 - “A Bill to amend and reenact §18-7A-38 of the Code of West Virginia, 1931, as amended, relating to permitting retirees under the state Teachers Retirement System to work as substitute teachers for up to 180 days without loss of the payment of monthly retirement benefits; adding a legislative finding; changing the allowed period of employment; and providing that no additional retirement system contributions will be made from such employment”; to the Committee on Pensions and Retirement then Finance.

By Delegate Howell:

H. B. 3482 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2N-1, §5B-2N-2, §5B-2N-3, and §5B-2N-4; to amend said code by adding thereto a new section, designated §22-5-11b; and to amend and reenact §22B-1-7 of said code, all relating generally to the Coal Fired Grid Stabilization and Security Act of 2023; providing for a short title; making legislative findings and declarations; requiring designation of suitable sites for coal electric generation and reporting to the Division of Air Quality of the West Virginia Department of Environmental Protection and the West Virginia Public Service Commission; requiring construction and operating permits for coal electric generation facilities, including expedited consideration; and requiring prompt consideration of appeals by the Air Quality Board concerning coal electric generation facility permits”; to the Committee on Economic Development and Tourism.

By Delegates Espinosa and Householder:

H. B. 3483 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto new article, designated §5-30-1, §5-30-2, §5-30-3, and §5-30-4, all relating to  approving the creation of the West Virginia First Foundation pursuant to the terms of the West Virginia First Memorandum of Understanding; and to authorize the appointment of governing board members to the West Virginia First Foundation by the Governor and regional authorities”; to the Committee on the Judiciary.

By Delegates Householder, Jeffries, Gearheart and Espinosa:

H. B. 3484 - “A Bill to amend the Code of West Virginia 1931, as amended, by adding thereto a new section, designated §9-8-2a, relating to expanding the employment and training requirements necessary to receive SNAP benefits”; to the Committee on Government Organization.

By Delegates Householder, Jeffries, Gearheart and Espinosa:

H. B. 3485 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §9-4F-1, §9-4F-2, §9-4F-3, §9-4F-4, §9-4F-5, §9-4F-6, §9-4F-7, §9-4F-8, §9-4F-9, §9-4F-10, and §9-4F-11, all relating to the creation of the Medicaid Sustainability Act of 2023; providing for a short title; providing for a purpose; providing for hospital presumptive eligibility; creating a fraud lockout; creating automatic renewal and prepopulated forms; providing for biannual and quarterly redeterminations; providing for a mandatory job search; creating work requirements; providing for state plan amendments and waivers; providing for severability; and creating an effective date”; to the Committee on Health and Human Resources then the Judiciary.

By Delegate Crouse:

H. B. 3486 - “A Bill to amend and reenact §11-22-2 of the Code of West Virginia, 1931, as amended, relating to allocating a percentage of county excise taxes received from transfers of title to real estate in each county for funding improvements to election administration, infrastructure, and physical and cyber security; allocating a percentage of county excise taxes received from transfers of title to real estate in each county for funding other county purposes including, but not limited to, compliance with the Uniform Real Property Electronic Recording Act; authorizing the Secretary of State to promulgate legislative rules establishing minimum adequate funding thresholds and standards based on county classification for improving election administration, infrastructure, and security; and authorizing county clerks to reallocate the excess portion of funding for improving election administration, infrastructure, and security to other approved county purposes upon determination by the Secretary of State that the minimum funding thresholds and standards have been met”; to the Committee on Finance.

By Delegate Summers:

H. B. 3487 - “A Bill to amend and reenact §33-15-4t of the Code of West Virginia, 1931, as amended; to amend and reenact §33-16-3ee of said code; to amend and reenact §33-24-7t of said code; to amend and reenact §33-25-8q of said code; and to amend and reenact §33-25A-8t of said code, all relating to cost-sharing calculations for certain Health Savings Account-qualified High Deductible Health Plans”; to the Committee on Health and Human Resources then Finance.

By Delegate Cannon:

H. B. 3488 - “A Bill to amend and reenact §3-5-1 of the Code of West Virginia, 1931, as amended, relating to changing the time of holding primary elections in this state to the second Tuesday in August 2024, and in each second year thereafter”; to the Committee on the Judiciary.

By Delegates Foster, Crouse and Cannon:

H. B. 3489 - “A Bill to amend and reenact §7-1-3 and §7-1-3d of the Code of West Virginia, 1931, to amend and reenact §7-17-10 as amended; both relating to granting administrative control of fire departments within a county to a county fire board or, in the absence of a fire board, to the county commission of that county when they are not already under administrative control of a municipal corporation”; to the Committee on Political Subdivisions then Government Organization.

By Delegates Hanshaw (Mr. Speaker), Jeffries, Phillips and Kelly:

H. B. 3490 - “A Bill to amend and reenact §7A-1-2 and §7A-1-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §7A-2-1 and §7A-2-4 of said code; to amend and reenact §7A-3-4 of said code; to amend and reenact §7A-4-2 of said code; and to amend and reenact §7A-7-4a and §7A-7-8 of said code, all relating to consolidation of local governments; setting forth legislative findings; providing definitions; delineating the powers and privileges of a consolidated local government; providing for additional limitations on the actions of  consolidated local government; amending the composition of a metro charter review committee; providing for additional public hearings in the charter review committee process; modifying the percentage vote required to approve metro government in municipal and countywide elections from 55 percent to a majority in counties with populations below 20,000; and removing the time limit for other municipalities to apply to join a metro government”; to the Committee on Government Organization then the Judiciary.

By Delegate Rowe:

H. B. 3491 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-1a, relating to clarifying the offense of the intentional murder of a law enforcement officer or corrections officer in the line of duty as felony murder; and adding a mandatory life sentence”; to the Committee on the Judiciary.

By Delegates Barnhart, Holstein, Forsht, Dean, Vance, Summers, Ferrell, Willis and Marple:

H. B. 3492 - “A Bill to amend and reenact §29-3E-7 of the Code of West Virginia, 1931, as amended; to amend and reenact §33-3-14d and §33-3-33 of said code; and to amend and reenact §33-12C-7 of said code, all relating to distribution of certain taxes and surcharges to benefit volunteer and part-volunteer fire departments and emergency medical services providers; defining terms; providing method of allocation and distribution for proceeds of fireworks safety fee deposited in Fire Protection Fund; eliminating obsolete language; increasing surcharge on fire and casualty policies; providing method of allocation of policy surcharge; requiring the State Fire Marshal provide certain information to the State Treasurer; increasing tax on surplus lines policies; providing method of allocation of surplus lines policy tax; and clarifying requirements for distribution of funds in Fire Protection Fund”; to the Committee on Finance.

By Delegate Capito:

H. B. 3493 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §36-1-21a, relating to the prohibition of certain foreign ownership of land in this state”; to the Committee on the Judiciary.

By Delegate Reynolds:

H. B. 3494 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-71c, relating to tax on income of nonresidents for natural resources royalty payments received from lessees; providing legislative findings; defining terms; providing for withholding of estimated tax liabilities from natural resources royalty payments for nonresidents by lessees; providing exceptions to the tax withholding requirements under certain circumstances; providing that withheld amounts be paid by lessees to the Tax Commissioner on behalf of the nonresidents; providing for refunds to nonresidents for overpayment; requiring annual withholding statements, reconciliation, and filing requirements; requiring electronic filing under specified circumstances; providing for criminal and civil penalties in certain circumstances for non-compliance; providing for rule-making; and providing an effective date”; to the Committee on Finance.

By Delegate Holstein:

H. B. 3495 - “A Bill to amend and reenact §3-2-6, §3-2-10, §3-2-13, §3-2-25, §3-2-32, and §3-2-34 of the Code of West Virginia, 1931, as amended; and to amend and reenact §3-3-3 and §3-3-9 of said code, all relating to general modifications to early voting procedures; registration by mail; voter registration services; unlawful registration or rejection of voter; alteration or destruction of records; early in-person voting; and criminal penalties”; to the Committee on the Judiciary.

By Delegates Holstein, McGeehan, Pinson and Mazzocchi:

H. B. 3496 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §49-10-1, relating to the creation of the Responsible Fatherhood Act”; to the Committee on Health and Human Resources then Finance.

By Delegates Holstein, Hornby, Jeffries, Kimble, Hanna, Foster and Keaton:

H. B. 3497 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §3-1-52, relating to prohibiting ranked choice voting in West Virginia”; to the Committee on the Judiciary.

By Delegates Linville, Cannon, Fast and Young:

H. B. 3498 - “A Bill to amend the Code of West Virginia 1931, as amended, by adding thereto a new article, designated as §46A-6O-1, §46A-6O-2, §46A-6O-3, §46A-6O-4, §46A-6O-5, §46A-6O-6, §46A-6O-7, §46A-6O-8, §46A-6O-9, §46A-6O-10, §46A-6O-11, §46A-6O-12 and §46A-6O-13, all relating to the Consumer Data Protection Act; establishing a framework for controlling and processing personal data in the state; creating definitions; limiting application to all persons that conduct business in the state and either control or process personal data of at least 100,000 consumers or derive over 50 percent of gross revenue from the sale of personal data and control or process personal data of at least 25,000 consumers;  providing exemptions; delineating responsibilities and privacy protection standards for data controllers and processors; clarifying standards do not apply to state or local governmental entities; providing exceptions for certain types of data and information governed by federal law; providing that consumers have rights to access, correct, delete, obtain a copy of personal data, and to opt out of the processing of personal data for the purposes of targeted advertising; providing that the Attorney General has exclusive authority to enforce violations of the law; providing for assistance of the Attorney General in obtaining relief; establishing the Consumer Privacy Fund is created to support this effort; and providing for construction and an effective date”; to the Committee on Technology and Infrastructure then Finance.

By Delegates Fast, Petitto, Warner, Lucas, C. Pritt, Cooper and Steele:

H. B. 3499 - “A Bill to amend and reenact §36-12-13 of the Code of West Virginia, 1931, as amended, relating to allowing death deeds to specify joint tenancy with right of survivorship”; to the Committee on the Judiciary.

By Delegates Westfall, Barnhart and Hott:

H. B. 3500 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §46A-4-114, clarifying that regulated consumer lenders may conduct certain activities at locations other than their normal business locations and providing certain limitations to that activity”; to the Committee on the Judiciary.

By Delegates Howell, Cannon, Ellington, Statler, Williams, Ross, Longanacre, Smith, Foggin, Toney and Clark:

H. B. 3501 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-50, relating to providing funding for Cardiopulmonary Resuscitation Instruction Fund for high school students”; to the Committee on Health and Human Resources then Finance.

By Delegate C. Pritt:

H. B. 3502 - “A Bill to amend and reenact §6B-1-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §6B-2-5 of said code; and to amend said code by adding thereto a new article, designated §6B-4-1, §6B-4-2, §6B-4-3, §6B-4-4, §6B-4-5, §6B-4-6, §6B-4-7, §6B-4-8, §6B-4-8a, §6B-4-9, §6B-4-10, §6B-4-11, §6B-4-12, §6B-4-13, and §6B-4-14, all relating to bifurcating the State Ethics Commission by creating a division of the Ethics Commission that is specific to the Legislative branch of the West Virginia government; providing definitions; stating standards, requirements; establishing penalties; establishing criminal penalties”; to the Committee on the Judiciary.

By Delegate C. Pritt:

H. B. 3503 - “A Bill to amend the Code of West Virginia, 1931, as amended by adding thereto a new section, designated §18B-4-11, relating to nondiscrimination at institutions of higher education”; to the Committee on Education.

By Delegate C. Pritt:

H. B. 3504 - “A Bill to amend and reenact §3-5-7 of the Code of West Virginia, 1931, as amended, relating to requiring independent candidates for political office to file for office as an independent in January of an election year”; to the Committee on the Judiciary.

By Delegates Westfall and Shamblin:

H. B. 3505 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15A-11-12, relating to establishing response requirements for all fire departments; stating purpose; requiring fire commission establish predetermined assignments for response to emergency; prohibiting fire departments from dismissing fire departments to request one outside of predetermined assignments; and authorizing rulemaking”; to the Committee on Government Organization.

By Delegates Young, Walker, Hansen and Hornbuckle:

H. B. 3506 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-4G-1, §16-4G-2, §16-4G-3, §16-4G-4, and §16-4G-5, all relating to legislative findings and intent; providing definitions; requiring perinatal facilities in this state to implement evidence-based implicit bias programs for health care professionals in those facilities; to require certain components in such programs; to provide training; and to provide for the compilation and tracking of data on severe maternal morbidity and pregnancy-related deaths and other related matters”; to the Committee on Health and Human Resources.

By Delegates Young, Pushkin and Skaff:

H. B. 3507 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-30; to amend said code by adding thereto a new section, designated §33-15-4x; to amend said code by adding thereto a new section, designated §33-16-3ii; to amend said code by adding thereto a new section, designated §33-24-7x; to amend said code by adding thereto a new section, designated §33-25-8u; to amend said code by adding thereto a new section, designated §33-25A-8x; and to amend said code by adding thereto a new article, designated §33-57A-1, §33-57A-2, §33-57A-3, §33-57A-4, and §33-57A-5, all relating to creating the Mental Health and Substance Use Disorders Insurance Coverage Protection Act; requiring certain insurance policies to provide coverage for medically necessary treatment of mental health and substance use disorders; defining terms; mandating generally accepted standards be followed when making medical necessity determinations; and prohibiting discretionary clauses”; to the Committee on Health and Human Resources then Finance.

By Delegates Young, Pushkin and Skaff:

H. B. 3508 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §27-18-1, §27-18-2, §27-18-3, §27-18-4, §27-18-5, §27-18-6, and §27-18-7, all relating to establishing the behavioral health crisis services system act; defining terms; designating a crisis hotline center; detailing requirements of the crisis hotline center; providing funding for mobile crisis teams and detailing responsibilities of mobile crisis teams; requiring funding for crisis receiving and stabilization services; establishing a trust fund for the purpose of creating and maintaining a statewide 9-8-8 suicide prevention and mental health crisis system; and establishing a fee to support the statewide 9-8-8 suicide prevention and mental health crisis system”; to the Committee on Health and Human Resources then Finance.

By Delegates Hanshaw (Mr. Speaker) and Skaff

[By Request of the Executive]:

H. B. 3509 - “A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2023, to Miscellaneous Boards and Commissions, Public Service Commission – Consumer Advocate Fund, fund 8627, fiscal year 2023, organization 0926, 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. 3510 - “A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2023, to the Department of Administration, Office of Technology – Chief Technology Officer Administration Fund, fund 2531, fiscal year 2023, organization 0231, 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. 3511 - “A Bill making a supplementary appropriation of federal funds out of the Treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending June 30, 2023, to the Department of Education, State Board of Education – School Lunch Program, fund 8713, fiscal year 2023, organization 0402, 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. 3512 - “A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending June 30, 2023, to the Department of Health and Human Resources, Division of Human Services, fund 8722, fiscal year 2023, organization 0511, 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. 3513 - “A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2023, to the Department of Homeland Security, Division of Corrections and Rehabilitation – Regional Jail and Correctional Facility Authority, fund 6675, fiscal year 2023, organization 0608, 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. 3514 - “A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2023, to the Department of Health and Human Resources, Division of Health – West Virginia Birth-to-Three Fund, fund 5214, fiscal year 2023, organization 0506, 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. 3515 - “A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2023, to the Department of Veterans’ Assistance, Veterans’ Facilities Support Fund, fund 6703, fiscal year 2023, organization 0613, 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. 3516 - “A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending June 30, 2023, to the Department of Health and Human Resources, Division of Health – West Virginia Safe Drinking Water Treatment, fund 8824, fiscal year 2023, organization 0506, 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. 3517 - “A Bill making a supplementary appropriation of federal funds out of the Treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending June 30, 2023, to the Division of Human Services – Child Care and Development, fund 8817, fiscal year 2023, organization 0511, 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. 3518 - “A Bill making a supplementary appropriation of federal funds out of the Treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending June 30, 2023, to the Department of Agriculture, fund 8736, fiscal year 2023, organization 1400, 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. 3519 - “A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending June 30, 2023, to the Department of Transportation, Division of Motor Vehicles, fund 8787, fiscal year 2023, organization 0802, 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. 3520 - “A Bill making a supplementary appropriation of federal funds out of the Treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending June 30, 2023, to the Department of Education, State Board of Education – Vocational Division, fund 8714, fiscal year 2023, organization 0402, 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. 3521 - “A Bill making a supplementary appropriation of federal funds out of the Treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending June 30, 2023, to the Division of Health – Maternal and Child Health, fund 8750, fiscal year 2023, organization 0506, 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. 3522 - “A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2023, to the Department of Commerce, Division of Natural Resources – License Fund – Wildlife Resources, fund 3200, fiscal year 2023, organization 0310, 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. 3523 - “A Bill making a supplementary appropriation of federal funds out of the Treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending June 30, 2023, to Miscellaneous Boards and Commissions, Economic Development Authority, fund 8893, fiscal year 2023, organization 0944, 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. 3524 - “A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2023, to the Department of Agriculture – West Virginia Spay Neuter Assistance Fund, fund 1481, fiscal year 2023, organization 1400, by supplementing and amending the appropriations for the fiscal year ending June 30, 2023”; to the Committee on Finance.

By Delegates Howell and Young:

H. B. 3525 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15A-2c, relating to taxation of certain solar panels used as energy wholesale generators or small scale utilities”; to the Committee on Finance.

By Delegates Hanshaw (Mr. Speaker) and Skaff

[By Request of the Executive]:

H. B. 3526 - “A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2023, to Miscellaneous Boards and Commissions, Public Service Commission, fund 8623, fiscal year 2023, organization 0926, 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. 3527 - “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, State Excess Lottery Revenue Fund, Department of Education, fund 3517, fiscal year 2023, organization 0402, and to the Department of Education, School Building Authority, fund 3514, fiscal year 2023, organization 0404 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. 3528 - “A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2023, to the Department of Health and Human Resources, Division of Health – Hospital Services Revenue Account Special Fund Capital Improvement, Renovation and Operations, fund 5156, fiscal year 2023, organization 0506, 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. 3529 - “A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending June 30, 2023, to the Department of Commerce, State Board of Rehabilitation – Division of Rehabilitation Services, fund 8734, fiscal year 2023, organization 0932, by supplementing and amending the appropriations for the fiscal year ending June 30, 2023”; to the Committee on Finance.

By Delegates Young, Williams, Garcia, Pushkin, Hansen, E. Pritt, Griffith, Rowe, Walker, Hornbuckle and Fluharty:

H. B. 3530 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-98, relating to tax reductions and other aid for West Virginians; stating a purpose; providing for a child tax credit; providing for a child and dependent care tax credit; authorizing an earned income tax credit; authorizing a student loan interest tax credit; and providing for rulemaking and an effective date”; to the Committee on Finance.

By Delegates Foster, Keaton, Linville, Butler, Cannon, Reynolds and Brooks:

H. B. 3531 - “A Bill to amend and reenact §17B-3-6 of the Code of West Virginia, 1931, as amended, all relating to establishing a restricted license for licensees whose license has been suspended for certain violations and establishing a fee for the issuance of a restricted license”; to the Committee on Government Organization then Finance.

By Delegate Burkhammer:

H. B. 3532 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-2B-4a, relating to the establishment of the Meat Cutting and Processing Pilot Program for Kanawha County Schools in the Career and Technical Education Centers”; to the Committee on Education then Finance.

By Delegate Hornbuckle:

H. B. 3533 - “A Bill to amend and reenact §18-2-25 and §18-2-25a of the Code of West Virginia, 1931, as amended, all relating to creating the West Virginia Youth Sports Safety Commission granting jurisdiction to supervise youth sport league athletic training and safety to county boards of education and the West Virginia Youth Sports Safety Commission; requiring schools and youth sport leagues to implement certain safety measures during athletic events; requiring training of coaching staff in acclimatization, requiring authorizing fines; and requiring rulemaking”; to the Committee on Health and Human Resources then Education.

By Delegates Worrell, Ferrell and Rohrbach:

H. B. 3534 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-7h; to amend said code by adding thereto a new section, designated §33-15-23; to amend said code by adding thereto a new section designated §33-16-19; to amend said code by adding thereto a new section, designated §33-16D-17; to amend said code by adding thereto a new section designated §33-24-7x; to amend said code by adding thereto a new section designated §33-25-8u; and to amend said code by adding thereto a new section designated §33-25A-8x, all relating to prohibiting an insurer from imposing a copayment, for services rendered by a licensed occupational therapist, licensed occupational therapist assistant, licensed speech-language pathologist, licensed speech-language pathologist assistant, licensed physical therapist or a licensed physical therapist assistant, that is more than a copayment imposed for the services of a primary care physician or an osteopathic physician”; to the Committee on Health and Human Resources then Finance.

By Delegate Ridenour:

H. B. 3535 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §61-17-1, §61-17-2, and §61-17-3, all relating to political prisoners; providing for the Prohibition on Political Prisoners in West Virginia Act; providing definition; declaring certain transport unlawful; providing for codification. This act shall be known and may be cited as the ‘Prohibition on Political Prisoners in West Virginia Act’”; to the Committee on the Judiciary.

By Delegates Storch, Howell and Westfall:

H. B. 3536 - “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 suicide prevention awareness and dissemination of information concerning the same”; to the Committee on Health and Human Resources.

By Delegate Butler:

H. B. 3537 - “A Bill to amend and reenact §51-11-4 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §58-5-8, all relating to granting the intermediate court of appeals jurisdiction to hear certified questions; relating to a party’s right to have the intermediate court of appeals answer a certified question on the constitutionality of statute, rule, or executive order of this state that is drawn into question in a case; and subjecting such certified questions to the rules of appellate procedure”; to the Committee on the Judiciary.

By Delegate Howell:

H. B. 3538 - “A Bill to amend and reenact §8-13-5 of the Code of West Virginia,1931, as amended, relating to limitations on the computation, imposition and collection of the business and occupation tax by municipalities”; to the Committee on Finance.

By Delegate Steele:

H. B. 3539 - “A Bill to amend and reenact §24-2-1 of the Code of West Virginia, 1931, as amended, relating to increasing individual customer on-site generator limits of designing a photovoltaic energy facility to meet only the electrical needs of the premises of the retail electric customer so as to not exceed 1,000 kW for commercial customers”; to the Committee on Energy and Manufacturing.

By Delegate Espinosa and Hite:

H. B. 3540 - “A Bill to amend and reenact §16-1-3 of the Code of West Virginia, 1931, as amended, relating to the duties of the Secretary of the West Virginia Department of Health and Human Resources; and requiring preparation of reports to the President of the Senate, the Speaker of the House of Delegates and the Legislative Commission on Health and Human Services Accountability that determine recommended levels of reimbursement for home and community based providers that serve patients with intellectual and development disabilities (I/DD)”; to the Committee on Health and Human Resources.

By Delegates Rowe, Griffith, Pushkin and Walker:

H. B. 3541 - “A Bill to amend and reenact §24-2-1p of the Code of West Virginia, 1931, as amended, relating to removing surcharges from the Middle-Mile Fiber Broadband Infrastructure Expansion Program”; to the Committee on Technology and Infrastructure.

By Delegates Hanshaw (Mr. Speaker) and Skaff

[By Request of the Executive]:

H. B. 3542 - “A Bill expiring funds to the Department of Administration, Board of Risk and Insurance Management, Public Entity Insurance Trust Fund, fund 2363, fiscal year 2023, organization 0218, in the amount of $50,000,000, from the Department of Administration, Board of Risk and Insurance Management, Mine Subsidence Insurance Fund, fund 2361, fiscal year 2023, organization 0218”; to the Committee on Finance.

By Delegates Hornby, Hanna, Hite, Horst, Ellington, Clark, Smith, Willis and Tully:

H. B. 3543 - “A Bill to amend and reenact §18-2-25 of the Code of West Virginia, 1931, as amended, relating to providing that the West Virginia Secondary School Activities Commission promulgate legislative rules”; to the Committee on Education then the Judiciary.

By Delegates Dittman, Howell, Thorne and A. Hall:

H. B. 3544 - “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, and §11-13MM-5, all relating to providing an income tax credit for lessors of real property leased to the state or other subdivision for recreational purposes”; to the Committee on Economic Development and Tourism then Finance.

By Delegates Pushkin, Rowe and Walker:

H. B. 3545 - “A Bill expiring funds to the balance of the Treasurer’s Office– American Rescue Plan Low-income Assistance Program, Fund 0126, Fiscal year 2023, organization 1300, in the amount of $300 million, from the Executive, Governor's Office, Coronavirus State Fiscal Recovery Fund, Fund 8823, Fiscal year 2023, organization 0100, by supplementing and amending the appropriations for the fiscal year ending June 30, 2023”; to the Committee on Finance.

By Delegates Clark, Ferrell, Longanacre, Maynor, Jennings, Walker, Hornby and Ellington:

H. B. 3546 - “A Bill amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-2-3a, relating to providing for contracted employment of substitute teachers for 180 instructional days; requiring employment in schools of certain size and describing duration, nature, qualifications, and daily rate of pay of 180-day contract substitute teacher”; to the Committee on Education.

By Delegates Clark, Ferrell, Longanacre, Maynor, Jennings, Walker and Ellington:

H. B. 3547 - “A Bill to amend and reenact §18A-4-10 of the Code of West Virginia, 1931, as amended, relating to increasing number of personal leave days an employee may use without regard to the cause for the absence; and providing for use on consecutive days”; to the Committee on Education then Finance.

By Delegates Clark, Ferrell, Longanacre, Hanna, Maynor, Jennings, Hite, Walker and Ellington:

H. B. 3548 - “A Bill to amend and reenact §18A-4-14 of the Code of West Virginia, 1931, as amended, relating to requiring state board rule providing uniform procedure, prohibition, form and benefit regarding a teacher’s voluntary exchange of duty-free lunch recess to perform duties at the school”; to the Committee on Education.

By Delegates Clark, Statler, Ferrell, Longanacre, Hanna, Jennings, Hornby, Hite, Walker and Ellington:

H. B. 3549 - “A Bill to amend and reenact §18-20-1c of the Code of West Virginia, 1931, as amended, relating to prohibiting regular classroom teachers and special education classroom teachers required to participate an individualized education program committee from being required to prepare or reduce to writing the individualized education program plan unless no other knowledgeable professional is available”; to the Committee on Education.

By Delegate C. Pritt:

H. B. 3550 - “A Bill to amend and reenact §3-1-9 and §3-1-11 of the Code of West Virginia, 1931, as amended; to amend and reenact §3-5-2 and §3-5-21 of said code; and to amend and reenact §3-8-2c of said code, all relating to political parties; providing that state executive committee create rules for state, district, and county executive committees; removing ability of courts to review political party rules; providing that political parties may select delegates to the national convention consistent with the national rules of their political party; providing that presidential electors be chosen by state convention or state executive committee; and removing limitation on contributions or expenditures over $1 million for state or county executive committee headquarters”; to the Committee on the Judiciary.

By Delegate C. Pritt:

H. B. 3551 - “A Bill to amend and reenact §5-1-16a of the Code of West Virginia, 1931, as amended, relating to restricting access to criminal history record information of individuals who have been convicted of a crime and pardoned by the Governor; providing procedure for obtaining the restriction; and exceptions”; to the Committee on the Judiciary.

Special Calendar

Third Reading

Com. Sub. for 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; 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. 127), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

Absent and Not Voting: Bridges and E. Pritt.

So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2005) 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. 2006, Relating to reorganizing the Department of Health and Human Resources; 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. 128), and there were--yeas 95, nays 3, absent and not voting 2, with the nays and the absent and not voting being as follows:

Nays: Dillon, Foster and Hanna.

Absent and Not Voting: Bridges and E. Pritt.

So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2006) passed.

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

Com. Sub. for H. B. 2006 – “A Bill to amend and reenact §5F-1-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §5F-2-1 and §5F-2-2 of said code; to amend said code by adding thereto a new section designated §5F-2-1a; to repeal §9-1-1 of said code; to amend and reenact §9-1-2 of said code; to amend and reenact §9-2-1 of said code; to repeal §9-2-1a of said code; to amend and reenact §9-2-2, §9-2-5 and §9-2-6, of said code; to repeal §9-2-9 of said code; to amend and reenact §9-2-9a of said code; to repeal §9-2-13 of said code; to repeal §9-5-8, §9-5-8a and §9-5-8b of said code; to amend and reenact §16-1-1, §16-1-2, §16-1-3, §16-1-5 and §16-1-6 of said code; to amend said code by adding thereto new sections designated, §16-1-22, §16-1-22a, §16-1-22b and §16-1-22c of said code; to amend and reenact §16-29A-4 of said code; to amend and reenact §26-1-1, §26-1-2 and §26-1-3 of said code; to amend said code by adding thereto a new section, designated §26-1-4 of said code; to repeal §26-3-1, §26-3-2, §26-3-3, §26-3-4 and §26-3-5 of said code; to repeal §26-5-1 of said code; to repeal §26-5A-5a of said code; to repeal §26-8-1, §26-8-2 and §26-8-3 of said code; to repeal §26-9-1 and §26-9-2 of said code; to repeal §26-10-1 of said code; to repeal §26-11-1, §26-11-2, §26-11-3 and §26-11-4 of said code; to amend and reenact §48-14-401 of said code; to amend and reenact §48-18-101 of said code; and to amend and reenact §49-1-106 of said code, all relating to reorganizing the Department of Health and Human Resources; creating new agencies; creating new secretaries; setting forth qualifications for secretaries; setting forth salaries; setting forth an organizational structure; providing legislative intent; codifying the Office of Shared Administration; setting forth powers of agencies; requiring coordination and cooperating between agencies; rearranging the code to reflect the reorganization of the departments; defining terms; set forth the qualifications of the inspector general; providing the Office of the Inspector General is an independent agency within the department; exempting the Department of Health Facilities from certain laws; removing specific health facilities from the code;  requiring reporting; and providing internal effective dates.”

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

H. B. 2309, To require the Division of Forestry to create an online renewal process no later than July 1, 2023; 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. 129), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and the absent and not voting being as follows:

Nays: Dillon.

Absent and Not Voting: Bridges, Fehrenbacher and E. Pritt.

So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (H. B. 2309) 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. 2540, Travel Insurance Model Act; on third reading, coming up in regular order, was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 130), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

Absent and Not Voting: Bridges, Chiarelli, Longanacre and E. Pritt.

So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2540) 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. 2605, Relating to Good Samaritan law; 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. 131), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

Absent and Not Voting: Bridges and E. Pritt.

So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2605) 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. 2817, Relating to Public Service Commission jurisdiction over alternative fuel for motor vehicles; 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. 132), and there were--yeas 92, nays 4, absent and not voting 4, with the nays and the absent and not voting being as follows:

Nays: Dean, Dillon, Martin and Vance.

Absent and Not Voting: Bridges, Hillenbrand, Mallow and E. Pritt.

So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2817) 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. 3044, Relating to the annual fee for limited video lottery terminal permits; on third reading, coming up in regular order, was read a third time.

Delegate Martin requested to be excused from voting under the provisions of House Rule 49.

The Speaker ruled that the Delegate was a member of a class of persons possibly to be affected and directed the Member to vote.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 133), and there were--yeas 68, nays 28, absent and not voting 4, with the nays and the absent and not voting being as follows:

Nays: Barnhart, Brooks, Burkhammer, Butler, Coop-Gonzalez, Dillon, Fast, Ferrell, A. Hall, Hanna, Holstein, Honaker, Jeffries, Jennings, Keaton, Kelly, Kimble, Kirby, Kump, Linville, Longanacre, Pinson, Ross, Street, Toney, Vance, Ward and Worrell.

Absent and Not Voting: Bridges, Hillenbrand, Mallow and E. Pritt.

So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3044) passed.

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

On this question, the yeas and nays were taken (Roll No. 134), and there were--yeas 76, nays 21, absent and not voting 3, with the nays and the absent and not voting being as follows:

Nays: Brooks, Burkhammer, Butler, Coop-Gonzalez, Dillon, Fast, Ferrell, A. Hall, Hanna, Honaker, Jennings, Kimble, Kump, Longanacre, Pinson, Ross, Street, Toney, Vance, Ward and Worrell.

Absent and Not Voting: Bridges, Mallow and E. Pritt.

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. 3044) 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. 3098, Relating to the West Virginia Summative Assessment and formative assessment; 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. 135), and there were--yeas 87, nays 10, absent and not voting 3, with the nays and the absent and not voting being as follows:

Nays: Butler, Coop-Gonzalez, Dean, Dillon, Foggin, Kimble, Ridenour, Ross, Shamblin and Steele.

Absent and Not Voting: Bridges, Foster and E. Pritt.

So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3098) 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. 3113, Requiring high school students to complete course of study in personal finance; 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. 136), and there were--yeas 94, nays 4, absent and not voting 2, with the nays and the absent and not voting being as follows:

Nays: Butler, Foster, Kimble and Summers.

Absent and Not Voting: Bridges and E. Pritt.

So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3113) 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. 3199, Relating to removing the requirement that an ectopic pregnancy be reported; 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. 137), and there were--yeas 65, nays 31, absent and not voting 4, with the nays and the absent and not voting being as follows:

Nays: Adkins, Barnhart, Brooks, Burkhammer, Butler, Chiarelli, Coop-Gonzalez, Dean, Dillon, Fast, A. Hall, Hanna, Honaker, Horst, Jeffries, Keaton, Kimble, Kirby, Longanacre, Martin, McGeehan, Nestor, Pinson, C. Pritt, Ridenour, Ross, Steele, Thorne, Vance, Ward and Worrell.

Absent and Not Voting: Bridges, Devault, Foster and E. Pritt.

So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (H. B. 3199) passed.

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

On this question, the yeas and nays were taken (Roll No. 138), and there were--yeas 69, nays 27, absent and not voting 4, with the nays and the absent and not voting being as follows:

Nays: Brooks, Burkhammer, Butler, Chiarelli, Coop-Gonzalez, Dillon, Fast, A. Hall, Hanna, Honaker, Horst, Keaton, Kimble, Kirby, Longanacre, Martin, McGeehan, Nestor, Pinson, C. Pritt, Ridenour, Ross, Steele, Thorne, Vance, Ward and Worrell.

Absent and Not Voting: Bridges, Devault, Foster and E. Pritt.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 3199) 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. 3210, Relating to the performance of installation of propane gas systems; 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. 139), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and the absent and not voting being as follows:

Nays: Jennings.

Absent and Not Voting: Bridges, Foster and E. Pritt.

So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3210) 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. 3261, Relating to Social Workers Qualifications; 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. 140), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

Absent and Not Voting: Bridges, Foster and E. Pritt.

So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3261) 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. 3272, Relating to the operation of private trust companies in West Virginia; 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. 141), and there were--yeas 92, nays 4, absent and not voting 4, with the nays and the absent and not voting being as follows:

Nays: Dillon, Foggin, Kirby and Vance.

Absent and Not Voting: Bridges, Foster, E. Pritt and Young.

So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (H. B. 3272) 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. 3302, To recognize unborn child as distinct victim in a DUI causing death; 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. 142), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

Absent and Not Voting: Bridges, Foster and E. Pritt.

So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3302) 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. 3311, Relating to wine alcohol by volume as compared to beer; 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. 143), and there were--yeas 68, nays 29, absent and not voting 3, with the nays and the absent and not voting being as follows:

Nays: Barnhart, Brooks, Burkhammer, Butler, Coop-Gonzalez, Devault, Dillon, Dittman, Fast, Ferrell, Griffith, A. Hall, Hanna, Heckert, Holstein, Honaker, Jeffries, Jennings, Keaton, Kump, Longanacre, Mallow, Mazzocchi, Pinson, Ross, Toney, Vance, Ward and Worrell.

Absent and Not Voting: Bridges, Foster and E. Pritt.

So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3311) passed.

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

Com. Sub. for H. B. 3311 – “A Bill to amend and reenact §60-8-2 of the Code of West Virginia, 1931, as amended, relating to the alcohol content of certain wines; changing the alcohol limit of table wine; changing the minimum alcohol content of nonfortified dessert wine.”

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

Second Reading

Com. Sub. for S. B. 188, Grid Stabilization and Security Act of 2023; on second reading, coming up in regular order, was reported by the Clerk.

On motion of Delegate Jeffries, the bill was postponed one day.

Com. Sub. for S. B. 239, Requiring Commissioner of Bureau for Behavioral Health to engage certain providers and leaders to study homeless demographic; on second reading, coming up in regular order, was read a second time and ordered to third reading.

Com. Sub. for S. B. 243, Requiring substance use disorder inpatient providers to provide transportation to patients; on second reading, coming up in regular order, was read a second time.

An amendment was recommended by the Committee Prevention and Treatment of Substance Abuse, and adopted, on page 1, section 4, line 4, by striking out the period and inserting a colon and the following: “Provided, That if the patient’s transportation is being provided under the West Virginia Medicaid non-emergency medical transportation benefit, the patient may not be transported to an out of the state location greater than 30 miles past the West Virginia border.”

The bill was then ordered to third reading.

H. B. 2186, Relating to surgical smoke evacuation; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Com. Sub. for H. B. 2821, Relating to taxation of gambling and lottery winnings; on second reading, coming up in regular order, was read a second time.

On motion of Delegate Capito, the bill was amended on page 1, section (a), line 3, by striking “2023” and inserting in lieu thereof “2020”.

And,

On page 1, section (a), line 9, by striking the period after the words “gambling activity” and inserting in lieu thereof the following: “: Provided further that the taxpayer may amend previously filed returns for the 2020, 2021, and 2022 tax years to recognize this decreasing modification. Based on such amended returns as specified herein, any fines, assessments, penalties, or interest levied thereon are void, and returnable to the taxpayer.”

The bill was then ordered to engrossment and third reading.

H. B. 2839, Making a technical correction regarding an incorrect fund name and clarifying applicability to mine lands governed by SMCRA and the Abandoned Mine Lands Act; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Com. Sub. for H. B. 2896, Relating to making West Virginia an Agreement State with the U. S. Nuclear Regulatory Commission; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Com. Sub. for H. B. 2993, Relating to rural emergency hospital licensure; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Com. Sub. for H. B. 3122, Permitting certain types of rifles using an encapsulated propellant charge that loads from the breech; on second reading, coming up in regular order, was read a second time.

On motion of Delegates Capito and Vance, the bill was amended on page 1, section 5l, line 2, immediately following the word “a” by striking the remainder of the section in its entirety and inserting in lieu thereof the following:"singleshot muzzleloading pistol or singleshot muzzleloading rifle, having a bore diameter of not less than thirty-eight one-hundredths of an inch, using an encapsulated propellant charge that loads from the breech, with the projectile loaded from the muzzle, during any established muzzleloader season: Provided, That such muzzleloading pistol or muzzleloading rifle may not be used for hunting during the Mountaineer Heritage season.”

The bill was then ordered to engrossment and third reading.

Com. Sub. for H. B. 3200, Authorize DHHR to transfer state facilities to regional mental health centers or intellectual disability facilities; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Com. Sub. for H. B. 3308, Authorizing PSC consider and issue financing orders to certain utilities to permit the recovery of certain costs through securitization via consumer rate relief bonds; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Com. Sub. for H. B. 3317, Relating to removing specific continuing education requirements; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Com. Sub. for H. B. 3318, Relating to location of services provided by the Workforce Development Board as related to the one-stop delivery system; on second reading, coming up in regular order, was reported by the Clerk.

On motion of Delegate Jeffries, 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:

S. B. 275, Adding State Fire Marshals to statute included with law enforcement and first responders that receive information on school safety requirements,

H. B. 3215, Relating to land use,

H. B. 3218, Relating to requiring suicide prevention resources be printed on student identification cards,

And,

H. B. 3328, Authorizing the Hatfield-McCoy Regional Recreation Authority to contract to build and maintain trails on privately owned property.

Leaves of Absence

At the request of Delegate Jeffries, and by unanimous consent, leaves of absence for the day were granted Delegates Bridges and E. Pritt.

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. 2541: Delegate Rohrbach;

H. B. 2980: Delegate Mazzocchi;

H. B. 3059: Delegates Holstein and Riley;

H. B. 3092: Delegates Longanacre Young;

H. B. 3168: Delegates Espinosa and Riley;

H. B. 3187: Delegate Holstein;

H. B. 3192: Delegate Toney;

H. B. 3202: Delegate Barnhart;

H. B. 3203: Delegate Hornby;

H. B. 3250: Delegate Mazzocchi;

H. B. 3313: Delegates Longanacre and Thorne;

H. B. 3367: Delegate Nestor;

H. B. 3387: Delegate Espinosa;

H. B. 3443: Delegate Hall;

And,

H. B. 3493: Delegate Holstein.

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

H. B. 2916: Delegate Smith;

And,

H. B. 3367: Delegate Pinson.

At 1:12 p.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, February 15, 2023.