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 April 8, 2017 SIXTIETH DAY 2017] HOUSE OF DELEGATES 1635 ____________________ Saturday, April 8, 2017 SIXTIETH DAY [MR. SPEAKER, MR. ARMSTEAD, IN THE CHAIR] The House of Delegates met at 10:00 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 Friday, April 7, 2017, being the first order of business, when the further reading thereof was dispensed with and the same approved. Committee Reports Delegate Hanshaw, Chair of the Joint Committee on Enrolled Bills, submitted the following report, which was received: Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the 6th day of April, 2017, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates: Com. Sub. for H. B. 2180, Authorizing the issuance of special “In God We Trust” motor vehicle registration plates, H. B. 2188, Extending the length of time for the special Community-Based Pilot Demonstration Project to Improve Outcomes for At-Risk Youth, H. B. 2518, Creating a legislative rule to permit a pharmacist or pharmacy intern to administer certain immunizations, Com. Sub. for H. B. 2519, Medicaid program compact, Com. Sub. for H. B. 2586, Relating to required minimum distribution of retirement benefits of plans administered by the Consolidated Public Retirement Board, H. B. 2653, Extending the Multi State Real-Time Tracking System, H. B. 2706, Authorizing legislative rules regarding higher education, H. B. 2796, Relating to the West Virginia National Guard entering into contracts and subcontracts for specialized technical services, And, H. B. 2856, Declaring public policy and legislative intent for improving the marketing, quality and frequency of passenger rail service of the Cardinal Passenger Train. 1636 JOURNAL OF THE [APRIL 8 Messages from the Senate A message from the Senate, by The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows: Com. Sub. for H. B. 2129, Relating to the powers and authority of state and local law enforcement to enforce underage drinking laws at private clubs. On motion of Delegate Cowles, the House of Delegates refused to concur in the following amendment of the bill by the Senate and requested the Senate to recede therefrom: On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following: “That §60-7-13 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows: ARTICLE 7. LICENSES TO PRIVATE CLUBS. §60-7-13. Revocation or suspension of license; monetary penalty; hearing; assessment of costs; establishment of enforcement fund. (a) Upon a determination by the commissioner that a licensee has: (i) Violated the provisions of article sixteen, chapter eleven, or of this chapter; (ii) acted in such a way as would have precluded initial or renewal licensure; or (iii) violated any rule or order promulgated by the commissioner, the commissioner may impose any one or a combination of the following sanctions: (1) Revoke the licensee’s license; (2) Suspend the licensee’s license; (3) Place the licensee on probationary status for a period not to exceed twelve months; and (4) Impose a monetary penalty not to exceed $1,000 for each violation where revocation is not imposed. (b) Any monetary penalty assessed and collected by the commissioner shall be transmitted to the State Treasurer for deposit into the State Treasury to the credit of a special revenue fund designated the Alcohol Beverage Control Enforcement Fund, which is hereby created. All moneys collected, received and deposited in the Alcohol Beverage Control Enforcement Fund shall be kept and maintained for expenditures by the commissioner for the purpose of enforcement of the statutes and rules pertaining to alcoholic liquor, and shall not be treated by the State Treasurer or State Auditor as any part of the general revenue of the state. At the end of each fiscal year all funds in the Alcohol Beverage Control Enforcement Fund in excess of $20,000 shall be transferred to the General Revenue Fund. (c) In addition to the grounds for revocation, suspension or other sanction of a license set forth in subsection (a) of this section, conviction of the licensee of any offense constituting a violation of the laws of this state or of the United States relating to alcoholic liquor, nonintoxicating beer or gambling shall be mandatory grounds for such sanctioning of a license. Conviction of the licensee of any violation of the laws of this state or of the United States relating to prostitution, or the sale, possession 2017] HOUSE OF DELEGATES 1637 or distribution of narcotics or controlled substances, shall be mandatory grounds for revocation of the licensee’s license for a period of at least one year. (d) In addition to the grounds for revocation, suspension or other sanction of a license set forth in this section, the commissioner may, in his or her discretion, revoke, suspend or otherwise sanction a licensee for failing to alert, in a timely manner, emergency medical services or law enforcement of a life-threatening medical emergency occurring on the premises of the licensee’s private club. (e) If a life threatening medical emergency occurs on a licensee’s private premises requiring notification under subsection (d) of this section, the licensee shall notify the Alcohol Beverage Control Administration within forty-eight hours of the emergency’s occurrence. The commissioner may, in his or her discretion, revoke, suspend or otherwise sanction a licensee for failing to comply with the 48- hour notification requirement.” And, By amending the title of the bill to read as follows: Com. Sub. for H. B. 2129 – “A Bill to amend and reenact §60-7-13 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commissioner of the Alcohol Beverage Control Administration to revoke, suspend or otherwise sanction a private club licensed to sell alcohol for failing to alert emergency medical services and law enforcement of a life-threatening medical emergency occurring on the licensee’s premises; requiring private clubs licensed to sell alcohol to notify the Alcohol Beverage Control Administration of any life-threatening medical emergencies occurring on the licensee’s premises within a week of the emergency’s occurrence; and authorizing the Commissioner of the Alcohol Beverage Control Administration to revoke, suspend or otherwise sanction a licensee for failing to notify the Alcohol Beverage Control Administration of a life- threatening medical emergency that has taken place on the licensee’s premises.” Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein. A message from the Senate, by The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows: Com. Sub. for H. B. 2555, Relating to tax credits for apprenticeship training in construction trades. On motion of Delegate Cowles, the House of Delegates refused to concur in the following amendment of the bill by the Senate and requested the Senate to recede therefrom: On page two, section one, after line twenty-five, by inserting a new subsection, designated subsection (d), to read as follows: “(d) Apprentices shall be legal residents. — In addition to other requirements of this section, in order for a taxpayer to claim the credit created in this section, the taxpayer shall require any apprentice for whom it claims a credit to submit to an employment eligibility check through the E-verify system, administered by United States Citizenship and Immigration Services” followed by semicolon. And, 1638 JOURNAL OF THE [APRIL 8 By relettering the remaining subsection. On page two, section one, line twenty, by changing the period to a colon and inserting the following proviso: “Provided, That in order to ensure this tax credit does not subsidize the payment of the minimum wage, an apprentice working for the participating taxpayer may not be paid an hourly wage less than $2 above the applicable minimum wage per hour.” And, By amending the title of the bill to read as follows: Com. Sub. for H. B. 2555 – “A Bill to amend and reenact §11-13W-1 of the Code of West Virginia, 1931, as amended, relating to tax credits for apprenticeship training in construction trades; removing requirement that eligibility is limited to programs jointly administered by labor and management trustees; providing that the apprentice must be paid at least two dollars above the applicable minimum wage in order for a participating taxpayer to claim the credit; conforming provisions to current law; and requiring that taxpayers seeking to take advantage of the apprenticeship tax credit must perform an employment eligibility check through the E-verify system.” Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein. A message from the Senate, by The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows: Com. Sub. for H. B. 2631, Relating to time standards for disposition of complaint proceedings.