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JOURNAL HOUSE of DELEGATES West Virginia Legislature JOURNAL of the HOUSE of DELEGATES Eighty-Third Legislature First Regular Session Held at Charleston Published by the Clerk of the House E OF W US E O S T H E V H I T R F G O I N L I A A E . S MO RI NT IBE ANI SEMPER L March 9, 2017 THIRTIETH DAY 2017] HOUSE OF DELEGATES 491 ____________________ Thursday, March 9, 2017 THIRTIETH DAY [MR. SPEAKER, MR. ARMSTEAD, IN THE CHAIR] The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Tim Armstead, Speaker. Prayer was offered and the House was led in recitation of the Pledge of Allegiance. The Clerk proceeded to read the Journal of Wednesday, March 8, 2017, being the first order of business, when the further reading thereof was dispensed with and the same approved. Committee Reports Delegate Nelson, Chair of the Committee on Finance, submitted the following report, which was received: Your Committee on Finance has had under consideration: H. B. 2500, Supplementary appropriation to the Department of Health and Human Resources, Division of Human Services, And, H. B. 2501, Supplementary appropriation to the Department of Education, State Board of Education – School Lunch Program, And reports the same back with the recommendation that they each do pass. Delegate Nelson, Chair of the Committee on Finance, submitted the following report, which was received: Your Committee on Finance has had under consideration: H. B. 2119, Repealing West Virginia Health Benefit Exchange Act, And reports the same back with the recommendation that it do pass. Delegate Nelson, Chair of the Committee on Finance, submitted the following report, which was received: Your Committee on Finance has had under consideration: H. B. 2007, Eliminating courtesy patrol programs, And reports back a committee substitute therefore, with the same title, as follows: 492 JOURNAL OF THE [MARCH 9 Com. Sub. for H. B. 2007 – “A Bill to amend and reenact §17-1-3 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §17-16A- 6a, all relating to eliminating courtesy patrol programs operated by the Division of Highways and the Parkways Authority,” With the recommendation that the committee substitute do pass. Delegate Espinosa, Chair of the Committee on Education, submitted the following report, which was received: Your Committee on Education has had under consideration: H. B. 2720, Allowing the School Building Authority to transfer funds allocated into the School Construction Fund, And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance. In accordance with the former direction of the Speaker, the bill (H. B. 2720) was referred to the Committee on Finance. Delegate Espinosa, Chair of the Committee on Education, submitted the following report, which was received: Your Committee on Education has had under consideration: H. B. 2574, Middle School Technical Education Program Act, And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance. In accordance with the former direction of the Speaker, the bill (H. B. 2574) was referred to the Committee on Finance. Delegate Howell, 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. 2773, Relating to purchase of inmate-made goods by state agencies, And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance. In accordance with the former direction of the Speaker, the bill (H. B. 2773) was referred to the Committee on Finance. Delegate Howell, 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. 2538, Relating to the licensure of physician assistants, 2017] HOUSE OF DELEGATES 493 And reports back a committee substitute therefor, with a new title, as follows: Com. Sub. for H. B. 2538 - “A Bill to amend and reenact §30-3E-4, §30-3E-6 and §30-3E-7 of the Code of West Virginia, 1931, as amended, all relating to the licensure of physician assistants,” With the recommendation that the committee substitute do pass. Delegate Howell, 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. 2518, Creating a legislative rule to permit a pharmacist or pharmacy intern to administer certain immunizations, And reports the same back with the recommendation that it do pass. Delegate Cooper, Chair of the Committee on Veterans’ Affairs and Homeland Security, submitted the following report, which was received: Your Committee on Veterans’ Affairs and Homeland Security has had under consideration: H. B. 2771, Relating to temporary teaching certificates for Armed Forces spouses, 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 Education. In accordance with the former direction of the Speaker, the bill (H. B. 2771) was referred to the Committee on Education. Messages from the Senate A message from the Senate, by The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of S. B. 198 – “A Bill to amend and reenact §18C-3-3 of the Code of West Virginia, 1931, as amended, relating to expansion of the Health Sciences Service Program to allow for persons who practice emergency medicine in underserved areas of the state”; which was referred to the Committee on Health and Human Resources 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. 280 - “A Bill to repeal §29-2A-3a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §15-1K-1, §15-1K-2, §15-1K-3, §15-1K-4, §15-1K-5, §15-1K-6, §15-1K-7, §15-1K-8 and §15-1K-9, all relating to the West Virginia wing of the Civil Air Patrol; eliminating the State Aeronautics Commission’s authority to expend funds to support the West Virginia wing of the Civil Air Patrol; providing for legislative findings and intent; defining terms; providing for the Adjutant General to administer the West Virginia wing of the Civil Air Patrol; providing the Adjutant General the authority to expend appropriated funds to provide certain support to the West Virginia wing of the Civil Air Patrol; providing for unpaid Civil Air 494 JOURNAL OF THE [MARCH 9 Patrol leave and the protection of employees performing Civil Air Patrol missions; providing that employers may not discriminate based on an employee’s membership in the Civil Air Patrol; and providing that an employee may bring a civil action to enforce the provisions of this article but shall not recover monetary damages”; which was referred to the Committee on Veterans’ Affairs and Homeland Security then Government Organization. A message from the Senate, by The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of Com. Sub. for S. B. 338 - “A Bill to amend and reenact §55-7B-2, §55-7B-4, §55-7B-6, §55-7B- 10 and §55-7B-11 of the Code of West Virginia, 1931, as amended, all relating to medical professional liability; defining the term ‘occurrence’ in medical professional liability causes of action; providing for statute of limitations on certain actions for medical professional liability; establishing venue in claims against certain health care providers; addressing screening certificates of merit in certain medical professional liability causes of action; tolling the statute of limitations under certain circumstances; establishing the effective date; and providing for severability”; 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 from passage, and requested the concurrence of the House of Delegates in the passage, of Com. Sub. for S. B. 358 - “A Bill to amend and reenact §55-7B-2, §55-7B-4, §55-7B-6, §55-7B- 10 and §55-7B-11 of the Code of West Virginia, 1931, as amended, all relating to medical professional liability; defining the term ‘occurrence’ in medical professional liability causes of action; providing for statute of limitations on certain actions for medical professional liability; establishing venue in claims against certain health care providers; addressing screening certificates of merit in certain medical professional liability causes of action; tolling the statute of limitations under certain circumstances; establishing the effective date; and providing for severability”; which was referred to the Committee on the Judiciary. Resolutions Introduced Delegates G. Foster, Cowles, O’Neal, Walters, Overington, Howell and Hanshaw offered the following resolution, which was read by its title and referred to the Committee on the Judiciary then Rules: H. C. R. 72 – “Requesting the Joint Committee on the Judiciary study the feasibility of authorizing the House Clerk to make nonsubstantive alterations to the code, specifically, correcting spelling errors and outdated or improperly
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