Eighty-second Legislature

First Regular Session

Held at Charleston

Published by the Clerk of the House

 

West Virginia Legislature

JOURNAL

of the

House of Delegates

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Thursday, January 22, 2015

NINTH 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, January 21, 2015, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

            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. 2028, Relating generally to purchasing,

            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. 2028) was referred to the Committee on the Judiciary.

            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. 2015, Requiring the Legislative Auditor to conduct performance reviews and audits for every government spending unit, including all members of the Board of Public Works and the Legislature,

            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. 2015) 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. 2103, Relating generally to boards of examination and registration,

            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. 2103) was referred to the Committee on Finance.

            Delegate Shott, 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. 2002, Predicating actions for damages upon principles of comparative fault,

             And reports back a committee substitute therefor, with a new title, as follows:

            Com. Sub. for H. B. 2002 - “A Bill to repeal §55-7-13 and §55-7-24 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto four new sections, designated §55-7-13a, §55-7-13b, §55-7-13c and §55-7-13d, all relating to predicating actions for damages upon principles of comparative fault; establishing the comparative fault standard; abolishing joint liability and implementing several liability; establishing how to consider the fault of nonparties; establishing how to consider the fault of, and the amounts paid by, settling parties; providing for the use of special interrogatories; clarifying fault may be imputed to another person who was acting as an agent or servant of another; allowing the assessment of a percentage of fault for failing to take reasonable precautionary measures that were available; providing for the burden of proof and limitations; and defining terms,”

            With the recommendation that the committee substitute do pass.

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. 1 - “A Bill to repeal §24-2F-1, §24-2F-2, §24-2F-3, §24-2F-4, §24-2F-5, §24-2F-6, §24-2F-7, §24-2F-9, §24-2F-10, §24-2F-11 and §24-2F-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §24-2F-8 of said code, relating to the Alternative and Renewable Energy Portfolio Act; allowing customer-generators to transfer accrued net meter credits to that utility’s nonprofit that provides relief to customers in need of financial assistance; and providing definitions”; which was referred to the Committee on Energy then the Judiciary.

            A message from the Senate, by

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

            S. B. 3 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-27, relating to liability of possessor of real property for harm to a trespasser”; which was referred to the Committee on the Judiciary.

Resolutions Introduced

            Delegates R. Phillips, Eldridge, Marcum and Moffatt offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            H. C. R. 3 - “Requesting the Division of Highways to name the bridge on Route 119/5, Mile 4.05, bridge number 23-119/5-4.05 (23A-259) (37.75856, -82.04788), locally known as Right Fork Pine Creek Box Beam in Logan County, the ‘Balentine Brothers Memorial Bridge’.”

            Whereas, Paul H. Balentine was born on March 22, 1943 in Omar, Logan County, West Virginia; Phillip D. Balentine was born on January 19, 1945 in Omar, Logan County, West Virginia, the sons of Paul Balentine and Georgia Perry Balentine. They were educated in Logan County schools; and

            Whereas, Paul H. Balentine served honorably in the United States Navy, ending his active service in 1965 while serving on the USS Wood CTY lST1178, while his brother, Phillip D. Balentine served honorably in the United States Marine Corps in Vietnam and ended his active service in 1968; and

            Whereas, Naming that bridge on Route 119/5, Mile 4.05, bridge number 23-119/5-4.05 (23A-259) (37.75856, -82.04788), locally known as Right Fork Pine Creek Box Beam in Logan County, the “Balentine Brothers Memorial Bridge” is an appropriate recognition of their contributions to their country, state, community and Logan County; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the bridge on Route 119/5, Mile 4.05, bridge number 23-119/5-4.05 (23A-259) (37.75856, -82.04788), locally known as Right Fork Pine Creek Box Beam in Logan County, the “Balentine Brothers Memorial Bridge”; and, be it

            Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the “Balentine Brothers Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation and Paul H. Balentine, his brother Phillip D. Balentine and their families.

            Delegates R. Phillips, Eldridge, Marcum and Moffatt offered the following resolution, which was read by its title and referred to the Committee on Road and Transportation then Rules:

            H. C. R. 4 - “Requesting the Division of Highways to name the bridge on Route 14, bridge number 23-14-0.20 (23A369) latitude 37.81184, longitude -81.93115 in Logan County, locally known as Rum Creek CSX Overpass, the ‘US Army PFC Clarence Allen Mooney Memorial Bridge’.”

            Whereas, US Army Private First Class Clarence Allen Mooney was born on November 8, 1944; and

            Whereas, US Army Private First Class Clarence Allen Mooney was a member of Company A, 3rd Battalion, 39 Infantry, 9th Infantry Division; and

            Whereas, US Army Private First Class Clarence Allen Mooney was killed in action on March 16, 1967 in Rach Kien, Vietnam and is buried in the Ward Cemetery in Ward, West Virginia; and

            Whereas, US Army Private First Clarence Allen Mooney was awarded the Republic of Vietnam Military Merit, the Republic of Vietnam Gallantry Cross and the Purple Heart; and

            Whereas, It is only fitting that we name this bridge to honor US Army Private First Class Clarence Allen Mooney having made the ultimate sacrifice; therefore, be it

            Resolved by the West Virginia Legislature:

            That the Legislature hereby requests the Division of Highways to name the bridge on Route 14, bridge number 23-14-0.20 (23A369) latitude 37.81184, longitude -81.93115 in Logan County, locally known as Rum Creek CSX Overpass, the “US Army PFC Clarence Allen Mooney Memorial Bridge”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “US Army PFC Clarence Allen Mooney Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation and US Army Private First Class Clarence Allen Mooney's sister, Ann F. Porter.

            Delegates Marcum, R. Phillips, H. White, Eldridge, Reynolds, Perdue, Hartman, Sponaugle, Moffatt, Rodighiero and Hicks offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            H. C. R. 5 - “Requesting the Division of Highways to name the bridge known as the Dempsey Bottom Bridge in Dempsey, Mingo County, bridge number 30-65/75-0.01 (30A280), as the ‘Fredrick Dempsey Bridge’.”

            Whereas, Fredrick Dempsey was born February 7, 1925; and

            Whereas, Fredrick Dempsey grew up during the Great Depression and helped support his family by working as a janitor at his grade school; and

            Whereas, Fredrick Dempsey was a Navy Seabee, serving in the 7th Battalion, 3rd Platoon, Company B, and honorably discharged on December 5, 1945; and

            Whereas, Fredrick Dempsey came home and married Waville Baisden, and together they have shared the joy of three children, six grandchildren and twelve great-grandchildren; and

            Whereas, Fredrick Dempsey spent forty-two and a half years working in the machine shop and driving emergency vehicles for the Island Creek Coal Company; and

            Whereas, Fredrick Dempsey serves as a deacon and Sunday school teacher in his church; and

            Whereas, It is fitting to honor Fredrick Dempsey’s life and service to his country and God by naming the Dempsey Bottom Bridge after him; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature hereby requests the Division of Highways to name Dempsey Bottom Bridge in Dempsey, Mingo County, bridge number 30-65/75-0.01 (30A280), as the “Fredrick Dempsey Bridge”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “Fredrick Dempsey Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation and Fredrick Dempsey and his relatives.

            Delegates R. Smith and Williams offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            H. C. R. 6 - “Requesting the Division of Highways to name bridge number 39-7-26.83 (39A194), locally known as Corinth Railroad Overpass, carrying WV 7 over CSX RAILROAD in Preston County, the ‘Army Air Force SGT Everett Wayne “Bud” Sell Memorial Bridge’.”

            Whereas, Everett Wayne “Bud” Sell, a native of Preston County, graduated from Terra Alta High School in 1943 and enlisted in the U. S. Army Air Force; and

            Whereas, Sergeant Everett Wayne “Bud” Sell, in July of 1944, left for Europe and was stationed in Italy, a member of the 773rd Bombardment Squadron; and

            Whereas, Sergeant Sell participated in his first combat mission on August 17, 1944 as left waist gunner aboard the “Holey Joe”; and

            Whereas, Sergeant Sell completed two more successful missions with his crewmates on two different planes; and

            Whereas, On Sergeant Sell's fourth mission, the crew was ordered to jettison as much equipment as possible from the plane; and

            Whereas, According to reports of his surviving crew members, Sergeant Sell attempted to dislodge the turret so as to eliminate any further damage to the plane; and

            Whereas, In his attempts to force the turret out, Sergeant Sell became entangled and was lost when it finally came free; and

            Whereas, The remains of Sergeant Everett Wayne “Bud” Sell have never been found although attempts to do so continue to this day; and

            Whereas, The name of Sergeant Everett Wayne “Bud” Sell is listed on the America Memorial located just outside Rome, Italy; and

            Whereas, It is fitting and proper that Sergeant Everett Wayne “Bud” Sell be remembered and acknowledge for his courageous action and dedicated service to his country; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 39-7-26.83 (39A194), locally known as Corinth Railroad Overpass, carrying WV 7 over CSX RAILROAD in Preston county, the “Army Air Force SGT Everett Wayne ‘Bud’ Sell Memorial Bridge”;

 and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the “Army Air Force SGT Everett Wayne ‘Bud’ Sell Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways.

            Delegates Arvon, Kessinger and Border offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            H. C. R. 7- “Requesting the Division of Highways to name bridge number 41-1-24.51 (41A009) on Maple Fork Road where it connects with Cirtsville Road in Raleigh County, the ‘Kenneth A. Chapman, Sr. Memorial Bridge’.”

            Whereas, Kenneth A. Chapman, Sr. was born September 17, 1956, a son of the late Clarence and Pearl Chapman; and

            Whereas, Kenneth A. Chapman, Sr. was raised on Maple Fork Road in Raleigh County along with his ten brothers and two sisters; and

            Whereas, Kenneth A. Chapman, Sr. was a third generation coal miner who followed his father and grandfather into the mines; and

            Whereas, Kenneth A. Chapman, Sr. was tragically killed on April 5, 2010, along with 28 other miners in the Upper Big Branch mine explosion; and

            Whereas, Kenneth A. Chapman, Sr. was a devoted family man who always had a smile on his face, and who enjoyed hunting, fishing and working in his garden; and

            Whereas, Kenneth A. Chapman, Sr. was preceded in death by three brothers, Billy, Robert, and Clarence Chapman, and two sisters-in-law, Carol Chapman and Joyce Chapman; and those left to cherish his loving memory include his wife, Laura Chapman; children by his first marriage, Donna Griffith and husband, Matthew, Vicky Williams and husband, Richard, Kenny Chapman, Jr. and wife, Deniese; a son by his second marriage, Michael Austin Chapman; his other children, Jason McMillion, Carol Massey, and Jubal McMillion and wife, Sarah; brothers and sisters, Charles Chapman and wife, Grace, Glen Chapman and wife, Judy, Dennis Chapman and wife, Gaye, Henry Chapman and wife, Theresia, Larry Chapman and wife, Betty, Linda Frye and husband, Ronnie, Breanda Bailey and husband, Glenn, Jimmy Chapman and wife, Brenda, Ronnie Chapman and wife, Lisa; and numerous grandchildren, nieces, nephews and extended family; and

            Whereas, Kenneth A. Chapman, Sr. not only loved his family, he loved his job because it was in his blood and he felt like he was making a contribution to “help keep the lights on” for all of us; and

            Whereas, It is only fitting that we name this bridge on Maple Fork Road to honor Kenneth A. Chapman, Sr., where he lived all his life and is now buried; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 41-1-24.51 (41A009) on Maple Fork Road where it connects with Cirtsville Road in Raleigh County, the “Kenneth A. Chapman, Sr. Memorial Bridge”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “Kenneth A. Chapman, Sr. Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation and to Kenneth A. Chapman's sister, Breanda Chapman Bailey, and family.

            Delegates R. Phillips, Eldridge, Marcum and Moffatt offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            H. C. R. 8 - “Requesting the Division of Highways to name a section of road on State Route 10, running through Man, Logan County, from the intersection of State Route 10 and State Route 80 to the intersection of State Route 10 and County Route 16, the ‘U.S. Air Force Staff Sergeant William Henry “Bill” Whitman Memorial Highway’.”

            Whereas, Staff Sergeant William Henry “Bill” Whitman was born in Lorado, West Virginia, on March 6, 1930 to Elbert Allen and Nawassa Craddock Whitman; and

            Whereas, Staff Sergeant William Henry “Bill” Whitman attended Man High School, where he lettered in football and graduated in 1947. He then attended Greenbrier Military Academy and Marshall College in Huntington, West Virginia; and

            Whereas, William Henry “Bill” Whitman enlisted in the United States Air Force on October 10, 1950. After completing training at Lackland Air Force Base, Texas, he was stationed at Yokota Air Base in Japan as a crew member of a B-29A Superfortress Bomber with the 345th Bomber Squadron, 98th Bomber Wing. On November 19, 1952, after completing a successful bomb run on Sonchon, North Korea, his aircraft was badly damaged by an enemy MiG. His crew bailed out a half mile north of Cho-do, North Korea. He was listed as Missing in Action and was presumed dead on November 20, 1953. His remains were not recovered; and

            Whereas, Staff Sergeant William Henry “Bill” Whitman was awarded the Air Medal, the Purple Heart, the Korean Service Medal, the United Nations Service Medal, the National Defense Service Medal, the Korean Presidential Unit Citation and the Republic of Korea War Service Medal; and

            Whereas, It is fitting that an enduring memorial be established to commemorate his service and ultimate sacrifice to his country; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name a section of road on WV Route 10, running through Man on WV Route 10, Logan County, the “U.S. Air Force Staff Sergeant William Henry ‘Bill’ Whitman Memorial Highway.”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the section of road containing bold and prominent letters proclaiming the road the “U.S. Air Force Staff Sergeant William Henry ‘Bill’ Whitman Memorial Highway”; and, be it

            Further Resolved, That the Clerk of the House of Delegates, forward a certified copy of this resolution to the Commissioner of the Division of Highways and to the family of the late Staff Sergeant William Henry “Bill” Whitman.

            Delegates L. Phillips, Arvon, R. Phillips, Rodighiero, H. White and B. White offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 9 - “Requesting the Division of Highways to name bridge number 55-54-1.44, locally known as the Winding Gulf Bridge, carrying WV Route 54 over Slab Fork in Wyoming County, the ‘U.S. Air Force Lt. Col. John Richard “Toots” Wilcox Memorial Bridge’.”

            Whereas, Lt. Col. John Richard “Toots” Wilcox was born in Wyco, West Virginia, on August 19, 1930 to John Manual Wilcox and Nona Morefield Wilcox; and

            Whereas, Lt. Col. John Richard “Toots” Wilcox attended Mullens High School, where he graduated in 1949. He also attended Concord College, where he graduated with a Bachelor of Arts degree in Business Education in 1956. He continued his education at West Virginia University, where he obtained a Master of Arts in Educational Administration and was a member of the Irwin Stewart Society; and

            Whereas, Lt. Col. John Richard “Toots” Wilcox served his country in three branches of the military. He joined the United States Marine Corp and fought in the Korean War. He also served in the United States Army and the United States Air Force in the West Virginia Air National Guard 130th Airlift Wing, in Charleston, West Virginia, from which he retired as a Lieutenant Colonel in 1985; and

            Whereas, Lt. Col. John Richard “Toots” Wilcox began working for the Wyoming County Board of Education as a teacher at Herndon High School in 1956, where he also held the positions of Guidance Counselor, Basketball Coach, and Assistant Principal. He also worked for the Wyoming County Board of Education's Central Office, where he held the positions of Transportation Director, Maintenance Director, and Associate Superintendent of Schools, before retiring after 33 years of service in 1989; and

            Whereas, Lt. Col. John Richard “Toots” Wilcox wed Carolyn Louise McConihay in 1981, and was happily married for thirty-two years. He had one daughter, Joni Wilcox McKinney, that preceded him in death; and

            Whereas, Lt. Col. John Richard “Toots” Wilcox was active in his community. He served on the Board of Directors of First Peoples Bank, owned and operated Mullens Dairy Queen for fifty-seven years, served as Vice President of the Daily Queen Northeastern Store Owners Association, and was one of four founders of WPMW, C92 radio station in Mullens, West Virginia; and

            Whereas, Lt. Col. John Richard “Toots” Wilcox was a member of the American Legion, Masonic Lodge, Loyal Order of the Moose, and the Veterans of Foreign Wars; and

            Whereas, Lt. Col. John Richard “Toots” Wilcox died May 23, 2014; and

            Whereas, It is fitting that an enduring memorial be established to commemorate his service to both his community and country; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 55-54-1.44, located on West Virginia Route 54 in Mullens, West Virginia, carrying WV Route 54 over Slab Fork and locally known as the Winding Gulf Bridge, the “U.S. Air Force Lt. Col. John Richard ‘Toots’ Wilcox Memorial Bridge”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the “U.S. Air Force Lt. Col. John Richard ‘Toots’ Wilcox Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates, forward a certified copy of this resolution to the Commissioner of the Division of Highways and to the family of the late Lt. Col. John Richard “Toots” Wilcox.

            Delegates R. Phillips, Eldridge, Marcum and Moffatt offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            H. C. R. 10 - “Requesting the Division of Highways to name the newly-constructed bridge, number 23-10-19.39 (23A365), (37.840439, -81.975997), locally known as the Guyandotte River Bridge, carrying WV Route 10 over the Guyandotte River in Logan County, the ‘US Navy LCDR Helen Elizabeth Peck Memorial Bridge’.”

            Whereas, Helen Elizabeth Peck was born on August 28, 1910, in Logan, WV, as one of six children of John Edwin and Minerva Peck, whose American lineage extends back to the time of the Revolutionary War; and

            Whereas, Helen Elizabeth Peck attended and graduated from Marshall University with a major concentration in elementary education and mathematics, and subsequently earned her West Virginia teaching certificate; and

            Whereas, Helen Elizabeth Peck became a teacher in Logan County schools and then, during World War II, was commissioned as a Lieutenant in the Women‛s Reserve of the US Navy; and

            Whereas, Lieutenant Helen Elizabeth Peck served for nearly four years at the hydrographic office with Central Naval Operations in Washington, D.C., where she worked with LORAN navigation, which was a top secret project at that time; and

            Whereas, After completing her active duty, Helen Elizabeth Peck, continued service in the Naval Reserve where she attained the rank of Lieutenant Commander; and

            Whereas, She returned to teaching in Logan County schools, where she worked in various positions at the elementary and junior high school levels, including a period as principal of an elementary school, until her retirement in her early seventies; and

            Whereas, Lieutenant Commander Helen Elizabeth Peck was, apart from her period of active duty in military service, a lifelong resident of Logan County; and

            Whereas, It is only fitting that we name this bridge in Lieutenant Commander Helen Elizabeth Peck’s name to acknowledge her many years of service to her nation, her students and her community; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the newly-constructed bridge, number 23-10-19.39 (23A365) (37.840439, -81.975997), locally known as the Guyandotte River Bridge, carrying WV Route 10 over the Guyandotte River in Logan County, the “US Navy LCDR Helen Elizabeth Peck Memorial Bridge”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “US Navy LCDR Helen Elizabeth Peck Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation and to the family of Lieutenant Commander Helen Elizabeth Peck.

            Delegates R. Phillips, Eldridge, Marcum and Moffatt offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            H. C. R. 11 - “Requesting the Division of Highways to name the Rossmore By-Pass starting at Rossmore and running to Monaville on Route 119/42, in Logan County, the ‘1st Sgt. Carl J. Crabtree Memorial Road’.”

            Whereas, Carl J. Crabtree was born on November 8, 1917 in Branchland, Lincoln County, West Virginia. He was raised and educated in Logan County and worked there until he enlisted in the military on August 27, 1940. He served in WW II in the 325 Glider Infantry Regiment 82nd Airborne Division as a 1st Sergeant. He was wounded on June 8, 1944, in France and was a prisoner of war. His decorations and citations included the American Defense, American Theater, Good Conduct, Purple Heart, European African Middle Eastern Theater Ribbon with 1 Bronze Star, Distinguished Unit Badge, Croix De Guerre, Belgium Fourragere and Victory Medal. Carl J. Crabtree served honorably in the United States Army, ending his active service on May 24, 1946. Returning to Logan County and Rossmore, he raised a family and was employed among other occupations in the coal mines. Carl J. Crabtree died on December 6, 2004, survived by three daughters, Connie Herndon of Switzer, West Virginia, and Janet Cook and Carolyn Greene of Rossmore, West Virginia. He was preceded in death by his wife and a daughter, Patricia Molnar; and

            Whereas, Naming the Rossmore By-Pass starting at Rossmore and running to Monaville on Route 119/42, in Logan County, the “1st Sgt. Carl J. Crabtree Memorial Road” is an appropriate recognition of his contributions to his country, state, community and Logan County; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the Rossmore By-Pass starting at Rossmore and running to Monaville on Route 119/42, in Logan County, the “1stSgt. Carl J. Crabtree Memorial Road”; and, be it

            Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the road as the the Rossmore By-Pass starting at Rossmore and running to Monaville on Route 119/42, in Logan County, the “1stSgt. Carl J. Crabtree Memorial Road”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation and Connie Herndon, Janet Cook and Carolyn Greene, the surviving daughters of 1stSgt. Carl J. Crabtree, and their families.

            Delegates R. Phillips, H. White, Eldridge and Moffatt offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            H. C. R. 12 - “Requesting the Division of Highways to name the bridge on County Route 44 in Logan County, bridge number 23-44-11.44 (23A309), latitude 37.78883, longitude -81.99244, locally known as the Switzer Monty Bro Bridge, the ‘US Army SP4 Lawrence Mendez, Jr. Bridge’.”

            Whereas, US Army SP4 Lawrence Mendez, Jr. was born on September 29, 1949 to Lorenzo Mendez and Gertrude Lett Mendez; and

            Whereas, US Army SP4 Lawrence Mendez, Jr. has lived almost his entire life in Logan County, and after graduating from Logan Senior High School in 1967 he married his high school sweetheart Mary L. Contreras and they have a daughter, Dr. Tamara M. Montgomery; and

            Whereas, US Army SP4 Lawrence Mendez, Jr. was inducted into the US Army on May 15, 1969 and after completing all required training was awarded the Military Occupational Specialty (MOS) 11B Light Weapons Infantryman, serving in Vietnam from October 15, 1969 through October 13, 1970 with Company C 1st Battalion, 196th Light Infantry Brigade of the Americal Division; and

            Whereas, US Army SP4 Lawrence Mendez, Jr. was honorably discharged on May 14, 1971, having been awarded The National Defense Service Medal, The Good Conduct Medal, The Republic of Vietnam Campaign Medal, The Vietnam Service Medal, with four bronze service stars, The Army Commendation Medal, The Bronze Star Medal, The Combat Infantryman Badge and The Republic of Vietnam Gallantry Cross, with Palm and 2 Unit Citations; and

            Whereas, US Army SP4 Lawrence Mendez, Jr. now makes his home in Omar, West Virginia with his wife Mary Contreras Mendez and has worked in the coal mining industry for 32 years, starting as a general laborer in 1971, holding several positions from electrician, section foreman, mine foreman and superintendent for different coal mining companies; and

            Whereas, In October 2003 US Army SP4 Lawrence Mendez, Jr. accepted an appointment with the United States Department of Labor, Mine Safety and Health Administration as a Federal Coal Mine Inspector and is presently a Coal Mine Inspector Supervisor in District 12 at the Logan Field Office; and

            Whereas, It is only fitting that we name this bridge to honor US Army SP4 Lawrence Mendez, Jr.; therefore, be it

            Resolved by the West Virginia Legislature:

            That the Legislature hereby requests the Division of Highways to name the bridge on County Route 44 in Logan County, bridge number 23-44-11.44 (23A309), latitude 37.78883, longitude -81.99244, locally known as the Switzer Monty Bro Bridge, the 1stSgt. US Army SP4 Lawrence Mendez, Jr. Bridge1stSgt. ; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “US Army SP4 Lawrence Mendez, Jr. Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation and to US Army SP4 Lawrence Mendez, Jr.

            Delegate offered the following resolution, which was read by its title and referred to the Committee on Rules:

            Delegates R. Phillips, Moffatt, Eldridge and Marcum offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            H. C. R. 13 - “Requesting the Division of Highways to name bridge number 23-44-4.86 (23A105), locally known as Crystal Block Concrete Bridge, carrying WV44 over Island Creek in Logan County, the ‘MSgt Johnny Baxter Clark and MSgt Carl Richard (Dick) Clark Memorial Bridge’.”

            Whereas, Johnny Baxter Clark and Carl Richard (Dick) Clark, were sons of Carl Aubrey Clark and Garnette Louise Rice Clark, of Logan County; and

            Whereas, Both brothers attended Pine Creek, Switzer, Omar and Logan High School; and

            Whereas, The brothers had a sister, Rheba Jayne Clarke Browning; and

            Whereas, Both brothers have been recognized for distinguished service with the United States Air Force, each having reached the rank of Master Sergeant; and

            Whereas, Johnny Baxter Clark was born August 5, 1934, in Naugatuck, West Virginia, and died April 2, 2004, in Colorado; and

            Whereas, Master Sergeant Johnny Baxter Clark served one tour of duty in Vietnam and two tours in Thailand; and

            Whereas, Johnny Baxter Clark was awarded the Air Force Commendation Medal, Armed Forces Expeditionary Medal, National Defense Service Medal, Vietnam Service Medal with one Oakleaf Cluster, Air Force Outstanding Unit Award with One Oakleaf Cluster, Republic of Vietnam Campaign Medal, Republic of Vietnam Gallantry Cross, Air Force Good Conduct Medal with one Silverleaf and One Oakleaf Cluster, Air Force Longevity Service Award Ribbon with One Silverleaf Cluster, and NCOAG Ribbon; and

            Whereas, Master Sergeant Johnny Baxter Clark, at the time of retirement from the Air Force, was cited for loyal and dedicated performance with the 37th Equipment Maintenance Squadron; and

            Whereas, Carl Richard (Dick) Clark was born July 21, 1938 in Delbarton, West Virginia, and died May 22, 2013, in Florida; and

            Whereas, Carl Richard (Dick) Clark served as an aircraft maintenance technician in Vietnam and was retired from the Air Force November 30, 1978 after serving more than twenty-one years; and

            Whereas, It is fitting and proper that the military service to country of these brothers be recognized by a memorial in their home community; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 23-44-4.86 (23A105), locally known as Crystal Block Concrete Bridge, carrying WV44 over Island Creek in Logan County, the 1stSgt. MSgt Johnny Baxter Clark and MSgt Carl Richard (Dick) Clark Memorial Bridge; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the 1stSgt. MSgt Johnny Baxter Clark and MSgt Carl Richard (Dick) Clark Memorial Bridge”, and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways.

            Delegates R. Phillips, Eldridge, Marcum and Moffatt offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            H. C. R. 14 - “Requesting the Division of Highways to name bridge number 23-10/19-0.01 (23A221), locally known as the Logan Vo-Tech Bridge, carrying County Route 10/19 over the Guyandotte River in Logan County, West Virginia the ‘James Earl Pelfrey Memorial Bridge’.”

            Whereas, James Earl Pelfrey of Cyclone, West Virginia, was born February 2, 1949 at Man, West Virginia, the son of Nell (Jerry) Taddes of Tom's River, New Jersey and the late James Edward Pelfrey; and

            Whereas, James Earl Pelfrey is survived by a widow, Gladys M. Pelfrey and Son Jason Tye, and sisters Barbara Carratozzole of Barnegat, New Jersey and Denise Taddes of Florham Park, New Jersey; and

            Whereas, James Earl Pelfrey was a member of the Davin Baptist Church in Logan County, West Virginia; and

            Whereas, James Earl Pelfrey spent his youth with his grandparents, Lon and Emma Gibson of Bruno, West Virginia; and

            Whereas, James Earl Pelfrey was inducted into the United States Army March 19, 1969 and served in Vietnam; and

            Whereas, Pvt. James Earl Pelfrey was award the National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal, Army Commendation Medal and the Combat Infantryman's Badge; and

            Whereas, James Earl Pelfrey died July 5, 2014; and

            Whereas, The bridge leading to the Ralph R. Willis Career and Technical Center in Logan County would be a fitting memorial to James Earl Pelfrey; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 23-10/19-0.01 (23A221), locally known as the Logan Vo-Tech Bridge, carrying County Route 10/19 over the Guyandotte River in Logan County, West Virginia, the 1stSgt. James Earl Pelfrey Memorial Bridge”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the 1stSgt. James Earl Pelfrey Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways.

            Delegates R. Phillips, Eldridge, Marcum and Moffatt offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            H. C. R. 15 - “Requesting the Division of Highways to name a portion of Route 119/91 from Mud Fork Road to County Route 73 in Logan County, the ‘US Marine Corps GySgt Lionel Collins Memorial Road’.”

            Whereas, US Marine Corps Gunnery Sergeant Lionel Collins was born on January 8, 1936 in Verdunville, West Virginia to Russia Vance Collins and Ora Collins and passed away on August 3, 2014; and

            Whereas, US Marine Corps Gunnery Sergeant Lionel Collins was a 20 year veteran, serving in New River, North Carolina from 1953 to 1956, in Quantico, Virginia from 1956 to 1958, in Japan from 1958 to 1960, from 1960 to 1965 in Cherry Point, North Carolina, from 1965 to 1967 in Vietnam, returning to Cherry Point in 1967 and again serving in Vietnam from 1969 to 1970 and in El Toro, California from 1970 to 1972; and

            Whereas, During his 20 years of loyal service, US Marine Corps Gunnery Sergeant Lionel Collins was awarded the National Defense Service Medal, the Good Conduct Medal with five Stars, the Vietnamese Cross of Gallantry with Palm, the Vietnamese Service Medal with four Stars, the Air Medal with Bronze, the Air Medal Strike, the Republic of Vietnam Campaign Medal, the National Presidential Unit Citation and the Vietnam Civil Action Unit Citation; and

            Whereas, US Marine Corps Gunnery Sergeant Lionel Collins was also an Expert in Rifles and Pistols and had his Air Crew Wings and retired after 20 years of loyal service with a 50% disability; and

            Whereas, After leaving the service, US Marine Corps Gunnery Sergeant Lionel Collins worked at Oasis (the water fountain company) in Columbus from 1973 to 1976, FEMA from 1977 to 1983 and the Buffalo Creek Apartments from 1983 until his final retirement in 1988; and

            Whereas, US Marine Corps Gunnery Sergeant Lionel Collins was a commander in the American Legion, a district commander in the Veterans of Foreign Wars, a life member of the Vietnam Veterans of America, a Local Detachment Commandant in the Marine Corps League, a charter member of the Danny M. Greene League Detachment and a member of the Devil Dogs; and

            Whereas, It is only fitting that we name this road in honor of US Marine Corps Gunnery Sergeant Lionel Collins; therefore, be it

            Resolved by the West Virginia Legislature:

            That the Legislature hereby requests the Division of Highways to name that portion of the road on Route 119/91 from Mud Fork Road to County Route 73 in Logan County, the 1st Sgt. US Marine Corps GySgt Lionel Collins Memorial Road 1st Sgt. ; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs, in both directions, identifying the road, as the “US Marine Corps GySgt Lionel Collins Memorial Road”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation, US Marine Corps Gunnery Sergeant Lionel Collins’ widow, Karen Collins, and his six children, Lionel Barry Collins, Tammy Shawn Marcum, David T. Collins, Kimberly Dawn Collins, Steven Bryan Collins and Joy Lynn Queen.

            Delegates R. Phillips, Eldridge, Marcum and Moffatt offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 16 - “Requesting the Division of Highways to name the bridge on County Route 80 over Huff Creek in Logan County, bridge number 23-80-5.66 (23A089), latitude 37.73012, longitude -81.87272, locally known as the Huff Junction Beam Span, the ‘US Army CPL F. Lee Noel Memorial Bridge’.”

            Whereas, US Army CPL F. Lee Noel was born on April 14, 1928 in Wilsondale in Wayne County to E. R. Noel, Sr. and Vicey Ann Marcum Noel and died on September 3, 2014; and

            Whereas, US Army CPL F. Lee Noel graduated in 1948 from Lenore High School where he lettered in basketball; and

            Whereas, US Army CPL F. Lee Noel was inducted into the US Army on December 5, 1950, served in the 3rd Armored Division, the Korean Conflict and was honorably discharged on November 14, 1956; and

            Whereas, US Army CPL F. Lee Noel was employed for Island Creek Coal Company as a heavy equipment operator for 41 years and owned the Pic Pac grocery stores in Man and Justice; and

            Whereas, US Army CPL F. Lee Noel served as an Elder, Trustee, Sunday School Superintendent and the Choir in the Man Church of God during his nearly 50 years of membership; and

            Whereas, US Army CPL F. Lee Noel was the bass singer in the Evangeleers Quartet, was a member of the Lions Club at Man for over 25 years and loved golfing with his family; and

            Whereas, US Army CPL F. Lee Noel is survived by his wife of nearly 60 years, Billie Redmond Noel, two children, Nancy (Ron) Lemon and Norman (Danita) Noel, four grandchildren and four great-grandchildren; and

            Whereas, It is only fitting that we name this bridge to honor US Army CPL F. Lee Noel; therefore, be it

            Resolved by the West Virginia Legislature:

            That the Legislature hereby requests the Division of Highways to name the bridge on County Route 80 over Huff Creek in Logan County, bridge number 23-80-5.66 (23A089), latitude 37.73012, longitude -81.87272, locally known as the Huff Junction Beam Span, the 1st Sgt. US Army CPL F. Lee Noel Memorial Bridge; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “US Army CPL F. Lee Noel Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation, US Army CPL F. Lee Noel's wife, Billie Redmond Noel and his two children, Nancy Lemon and Norman Noel.

            Delegates R. Phillips, Eldridge, Marcum and Moffatt offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 17 - “Requesting the Division of Highways to name bridge number 23-12-0.05 (23A057) (37.87210, -81.98544), locally known as Peach Creek Bridge, carrying CR-12 over Guyandotte River in Logan county, the ‘U.S. Air Force S/Sgt Bethel Howard McNeely and U.S. Marines S/Sgt Clyde Elmo Bryant Bridge’.”

            Whereas, Staff Sergeant Bethel Howard McNeely was born on January 1, 1922 at Peach Creek, West Virginia, the son of Manny and Mary McNeely of Peach Creek; and

            Whereas, Staff Sergeant Bethel Howard McNeely was raised in Logan County and enlisted in the Air Force in September of 1942. He served with the 94th Bomb Group 333rd Bomb Squadron from September of 1942 until October of 1945, as a Tail Gunner on a B-17 Flying Fortress; and

            Whereas, During this time, Staff Sergeant Bethel Howard McNeely flew on twenty-six missions into Germany and enemy-occupied territory; and

            Whereas, Staff Sergeant Bethel Howard McNeely was awarded the Presidential Unit Citation Distinguished Flying Cross, Air Medal with Three Oak Leaf Clusters, the Air Offensive Europe with Battle Star and the European, African and Middle East Theater Ribbons; and

            Whereas, Upon returning home, Staff Sergeant Bethel Howard McNeely worked for C&O Railroad until he retired in 1985. Today he resides at Crooked Creek in the home where he raised seven children. His wife was a long time employee of the Logan County Board of Education, serving in the Payroll Office; and

            Whereas, Staff Sergeant Bethel Howard McNeely is a member of the Crooked Creek Church of Christ and much loved in the community; and  

            Whereas, United States Marine Staff Sergeant Clyde Elmo Bryant enlisted in the service during World War II, in Bridgeport, Connecticut, when he heard of the attack on Pearl Harbor; and

            Whereas, After training at Cherry Point and Paris Island, Staff Sergeant Clyde Elmo Bryant was assigned to the Third Marine Division and shipped off to the Pacific. He made beachhead landings at Guam, Bougainville and Iwo Jima, as well as on other smaller islands; and

            Whereas, Staff Sergeant Clyde Elmo Bryant was loading wounded Marines for transfer off the Island of Iwo Jima when the famous flag raising photo was taken by Joe Rosenthal; and

            Whereas, Staff Sergeant Clyde Elmo Bryant was awarded the Presidential Unit Citation Award and Ribbon Bar for service on Guam, the Asiatic-Pacific Campaign Medal and the Victory Medal; and

            Whereas, Staff Sergeant Clyde Elmo Bryant returned home to Logan County at the end of World War II, married Lila Evelyn Wilson and took up residence at Crooked Creek. He raised his four children on Crooked Creek; and

            Whereas, Staff Sergeant Clyde Elmo Bryant was a watchmaker and jeweler and operated several businesses in the City of Logan. He was a leader in the Crooked Creek Church of Christ and in many other community organizations. He was a 32 degree Mason; and

            Whereas, In 1962, Staff Sergeant Clyde Elmo Bryant was again called to duty as a squad leader and Sergeant 1st class in the 150th Armored Cavalry when the West Virginia National Guard was called up during the 1st Sgt. Cuban Missile Crisis; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 23-12-0.05 (23A057) (37.87210, -81.98544) the 1st Sgt. U.S. Air Force S/Sgt Bethel Howard McNeely and U.S. Marines S/Sgt Clyde Elmo Bryant Bridge; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the 1st Sgt. U.S. Air Force S/Sgt Bethel Howard McNeely and U.S. Marines S/Sgt Clyde Elmo Bryant Bridge; and, be it

            Further Resolved,  That the Clerk of the House of Delegates, forward a certified copy of this resolution to the Secretary of Transportation, to the family of Howard McNeely and to the family of the late Clyde Bryant.

            Delegates R. Phillips, Marcum, Eldridge and Moffatt offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            H. C. R. 18 - “Requesting that bridge number 23-14-0.05 (23A368) at latitude 37.80975 and longitude 81.93394, locally known as Rum Creek Connector over Guyandotte River, carrying County Route 14 over Guyandotte River and CSX RR in Logan County, be named the ‘Betty Jo Delong Memorial Bridge’.”

            Whereas, Betty Jo Chambers Delong, the daughter of coal miner Harry Chambers and postmaster Geraldine Lowe Chambers, attended Dehue-Chambers Grade School, in Dehue, Logan County, West Virginia; and

            Whereas, Betty Jo Chambers was a Golden Horseshoe winner; and

            Whereas, Betty Jo Chambers graduated from Logan High School in Logan County; and

            Whereas, Miss Chambers married Don Thomas Delong from Lyburn, West Virginia, and the couple had two children, Donnetta Rainwater, a teacher at Logan Middle School, and Donald Rex Delong, owner of Eastern Petroleum; and

            Whereas, Betty Jo Delong’s brothers and sisters include Donna Lou Hipshire, Dorothy Young, Grover Chambers, Thelma Willis Eplin, Harry Chambers, Gerri Ball, Cora Tooley and Alice Price; and

            Whereas, Betty Jo Delong was proud of the Chambers family’s long association with the Rum Creek area; and

            Whereas, At one time the Chambers family owned property reaching from Rum Creek to Lowe’s Mountain; and

            Whereas, Betty Jo Delong worked at several jobs in Logan County but later in her career was employed at the Logan County Court House, where she worked in the record room and was in charge of the deed books; and

            Whereas, Betty Jo Delong is still remembered for updating the county’s system of obtaining deeds and land proposals; and

            Whereas, Betty Jo Delong worked tirelessly to help members of her community, especially the elderly; and

            Whereas, Betty Jo Delong assisted with the visit to Logan County of John F. Kennedy when he was a presidential candidate; and

            Whereas, Betty Jo Delong died of cancer at the age of 42; and

            Whereas, At the time of her death, all offices of the courthouse were closed out of respect for Betty Jo Delong’s service to the many people of Logan County; and

            Whereas, It is fitting that an enduring memorial be established in the name of Betty Jo Delong in an area where she and her family have for so long been a part of the fabric of the community; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 23-14-0.05 (23A368) at latitude 37.80975 and longitude 81.93394, locally known as Rum Creek Connector over Guyandotte River, carrying County Route 14 over Guyandotte River and CSX RR in Logan County, the “Betty Jo Delong Memorial Bridge”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the “Betty Jo Delong Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways.

            Delegates R. Phillips, Marcum, Eldridge and Moffatt offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 19 - “Requesting the Division of Highways to name the Section of US Route 16 from the Donald J. Bragg Memorial Bridge to the intersection of County Route 14 in Logan County, the ‘U.S. Army SGT Bobby Ray Adkins Memorial Highway’.”

            Whereas, Bobby Ray Adkins, a native of Amersdale, served as a U.S. Army Sergeant in the Vietnam War. He began his tour in Vietnam on May 4, 1969.

            Whereas, Sergeant Bobby Ray Adkins was killed in battle on June 24, 1969 in Binh Duong, South Vietnam, by multiple fragmentation wounds.

            Whereas, It is fitting that an appropriate memorial recognizing this soldier’s service and sacrifice be established in the area where he lived; therefore be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the portion of the Section of US Route 16 from the Donald J. Bragg Memorial Bridge to the intersection of County Route 14 in Logan County, the 1st Sgt. U.S. Army SGT Bobby Ray Adkins Memorial Highway”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the designated highway containing bold and prominent letters proclaiming that portion of US Route 16 from the Donald J. Bragg Memorial Bridge to the intersection of County Route 14 in Logan County the “US Army SGT Bobby Ray Adkins Memorial Highway”; and, be it

            Further Resolved, That the Clerk of the House is hereby directed to forward a certified copy of this resolution to the Secretary of Transportation, the Commissioner of Highways, and the family of the late Bobby Ray Adkins.

            Delegates L. Phillips, Arvon, R. Phillips, Ralph Rodighiero H. White and B. White offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            H. C. R. 20 - “Requesting the Division of Highways to name U. S. Route 54/6 in Wyoming County the ‘Virginia & U. S. Army Major Woodrow Cook Memorial Road’.”

            Whereas, Virginia Cook was born on August 25, 1918, in Mullens, Wyoming County, to Bob and Gertrude Wildey. She graduated from Mullens High School in 1935 as the salutatorian of her class and then became a West Virginia University Mountaineer in 1937. Virginia returned to her beloved native town, married Woodrow Cook at the Presbyterian Church in August, 1940, and served as an inspirational home economics teacher for over thirty-three years at Mullens High School. Woodrow Cook was an educated and dedicated citizen, who served five years in the United States Army during WWII, where he attained the rank of Major. He became a successful businessman and served as Mayor of Mullens for eight years and on the Wyoming County Commission for eighteen years; and

            Whereas, Virginia and Woodrow Cook continued their outstanding public service to Wyoming County and the City of Mullens following their retirements. Virginia Cook, since the death of Woodrow has continued to remain a passionate and community-minded woman, including establishing an endowment at the Beckley Area Foundation for the beautification of Mullens for future generations. The contributions of these two community leaders and loyal West Virginians should not go unnoticed and should be remembered; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name U. S. Route 54/6 in Wyoming County the “Virginia & U. S. Army Major Woodrow Cook Memorial Road”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to create signs at both ends of the highway proclaiming this roadway to be the “Virginia & U. S. Army Major Woodrow Cook Memorial Road”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways, to the Wyoming County Commission and to Mrs. Virginia Cook and her children, Barbara Cook Bean and Lucinda Cook Chagnon.

Bills Introduced

            On motions for leave, bills were introduced, read by their titles, and severally referred as follows:

By Delegates Rowan, Romine, Pasdon, Duke, Perry, Moye, Ambler, Butler, Pethtel, Cooper and D. Evans:

            H. B. 2202 – “A Bill to amend and reenact §18-20-5 of the Code of West Virginia, 1931, as amended, relating to more equitable disbursement of funds to county boards to lessen budgetary impact of serving high cost/high acuity special needs students; eliminating requirement to annual review of rules, policies and standards and federal law and report to legislative oversight commission; defining high cost/high acuity special needs; and providing for method of fund disbursement”; to the Committee on Education then Finance.

By Delegates Rowan, L. Phillips, Miller, Sobonya, P. Smith, Border, Arvon and Storch:

            H. B. 2203 - “A Bill to amend and reenact §61-2-17 of the Code of West Virginia, 1931, as amended, relating to human trafficking; redefining the parameters for the offense of human trafficking; civil remedies; and penalties”; to the Committee on the Judiciary.

By Delegates Howell, Walters, Storch, Hill, J. Nelson, Kelly, Wagner, Canterbury, Stansbury, Zatezalo and Butler:

            H. B. 2204 - “A Bill to amend and reenact §11-14C-9 of the Code of West Virginia, 1931, as amended, relating to eliminating the motor fuels tax on heating oil for residential use by eligible seniors”; to the Committee on Senior Citizen Issues then Finance.

By Delegates Howell, Stansbury, Ambler, Cooper, Miller, Faircloth, Zatezalo, Blair, Statler, Wagner and McGeehan:

            H. B. 2205 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §61-8F-1 and §61-8F-2, all relating to prohibited sexual contact by psychotherapists; creating the crime of prohibited sexual contact by a psychotherapist and the crime of therapeutic deception; providing elements of the crime; providing exceptions; providing definitions; and providing criminal penalties”; to the Committee on the Judiciary then Finance.

By Delegates Overington, Householder, McCuskey, Cowles, Espinosa, Gearheart, Walters, Folk, Foster, Azinger and Blair:

            H. B. 2206 - “A Bill to repeal §21-5A-1, §21-5A-2, §21-5A-3, §21-5A-4, §21-5A-5, §21-5A-6, §21-5A-7, §21-5A-8, §21-5A-9, §21-5A-10 and §21-5A-11 of the Code of West Virginia, 1931, as amended; to amend and reenact §5D-1-5 of said code; to amend and reenact §7-11B-14 of said code; to amend and reenact §7-20-22 of said code; to amend and reenact §11-13Q-9 of said code; to amend and reenact §18-5-9a of said code; to amend and reenact §25-7-4 of said code; and to amend and reenact §31-15A-15 of said code, all relating to repealing the requirement of paying prevailing hourly rate of wages for construction of public improvements”; to the Committee on Industry and Labor then the Judiciary.

By Delegates Byrd, Trecost, Rowe, Pushkin, Fluharty, Guthrie, McCuskey, B. White, Sponaugle, Reynolds and Stansbury:

            H. B. 2207 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17-2E-1, §17-2E-2, §17-2E-3, §17-2E-4, §17-2E-5, §17-2E-6 and §17-2E-7, all relating to the to the guidelines that the West Virginia Commissioner of Highways must follow in establishing the list of priorities for the construction, reconstruction, repair and maintenance of state roads and highways”; to the Committee on Roads and Transportation then Finance.

By Delegates McGeehan, Hamrick, Faircloth, Cowles, Folk, Zatezalo, J. Nelson and Householder:

            H. B. 2208 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2-16, relating to local smoking restrictions; ensuring that only government officials elected by voters to serve on county commissions will have the power to regulate smoking and creating a process by which local boards of health may make formal recommendations for smoking ordinances to county commissions”; to the Committee on Political Subdivisions then Government Organization.

By Mr. Speaker, Mr. Armstead, and Delegate Miley

            [By Request of the Executive]:

            H. B. 2209 - “A Bill to repeal §16-29H-1, §16-29H-2, §16-29H-3, §16-29H-4, §16-29H-5, §16-29H-6, §16-29H-7, §16-29H-8, §16-29H-9, and §16-29H-10 of the Code of West Virginia, 1931, as amended, relating to the Governor’s Office of Health Enhancement and Lifestyle Planning”; to the Committee on Government Organization.

By Mr. Speaker, Mr. Armstead, and Delegate Miley

            [By Request of the Executive]:

            H. B. 2210 - “A Bill to amend and reenact §5-16B-1 and §5-16B-2 of the Code of West Virginia, 1931, as amended, all relating to transferring the Children's Health Insurance Program and Children’s Health Insurance Agency from the Department of Administration to the Department of Health and Human Resources; providing for the orderly transfer of functions, funds and accounts; and clarifying the definition of Children’s Health Insurance Agency”; to the Committee on Health and Human Resources then Government Organization.

By Mr. Speaker, Mr. Armstead, and Delegate Miley

            [By Request of the Executive]:

            H. B. 2211 - “A Bill to amend and reenact §11-15-9 of the Code of West Virginia, 1931, as amended, relating to the sales tax exemption for certain sales of materials acquired for use in a highway construction or maintenance project; specifying elimination for the fiscal year beginning July 1, 2014, of the refundable exemption for the sales of construction and maintenance material acquired by a second party for use in the construction or maintenance of a highway project, with retroactive effect for the elapsed portion of that fiscal year”; to the Committee on Roads and Transportation then Finance.

By Mr. Speaker, Mr. Armstead, and Delegate Miley

            [By Request of the Executive]:

            H. B. 2212 - “A Bill to amend and reenact §31-15A-16 of the Code of West Virginia, 1931, as amended, relating to dedication of severance tax proceeds to the West Virginia Infrastructure General Obligation Debt Service Fund; specifying reduction of the amount of severance tax proceeds dedicated to the West Virginia Infrastructure General Obligation Debt Service Fund”; to the Committee on Finance.

By Mr. Speaker, Mr. Armstead, and Delegate Miley

            [By Request of the Executive]:

            H. B. 2213 - “A Bill to amend and reenact §29-22-18d of the Code of West Virginia, 1931, as amended, relating to reducing the distributions to the West Virginia Infrastructure Fund to $30 million for fiscal year 2016 and increasing the percentage of funds available for grants therefrom”; to the Committee on Finance.

By Delegates Hamrick, Howell, Gearheart, R. Phillips, Waxman, Cadle, McGeehan, Faircloth, Folk, J. Nelson and Hamilton:

            H. B. 2214 - “A Bill to amend and reenact §20-2-28 of the Code of West Virginia, 1931, as amended, relating to permitting the resident lineal descendants of landowners to hunt, trap or fish on that resident landowner's property without a license”; to the Committee on Agriculture and Natural Resources then Finance.

By Delegates Householder, Ellington, Butler, Cooper, Espinosa, Frich, Hill, Ihle, Sobonya, Summers and Waxman:

            H. B. 2215 - “A Bill to amend of the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-49-1, §33-49-2, §33-49-3 and §33-49-4, all relating to the West Virginia Health Benefit Exchange; defining terms; requiring certain information to be disclosed to the public; establishing patient protections; requiring annual reports and giving rule-making authority”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Ellington, Householder, Arvon, Cooper, Faircloth, Hill, Kurcaba, Overington, Sobonya, Summers and Waxman:

            H. B. 2216 - “A Bill to repeal §33-16G-2, §33-16G-3, §33-16G-4, §33-16G-5, §33-16G-6, §33-16G-7, §33-16G-8 and §33-16G-9, of the Code of West Virginia, 1931, as amended; and to amend and reenact §33-16G-1, of said code, relating to a state-based health benefit exchange”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Overington, Walters, Cowles, Upson, Blair, Espinosa, Deem, R. Phillips, Shott, R. Smith and Sobonya:

            H. B. 2217 - “A Bill to amend and reenact §21-1-2 of the Code of West Virginia, 1931, as amended, relating to qualifications of the Commissioner of Labor; removing language that the commissioner be identified with labor interests of the state; and requiring identification with employee issues”; to the Committee on Industry and Labor then Government Organization.

By Delegates Householder, Cadle, Moffatt, Folk, Ihle, Hill, Statler, Butler, Gearheart, Kurcaba and Foster:

            H. B. 2218 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §4-14-1, §4-14-2 and §4-14-3, all relating to creating the Budget Reform Act; making legislative findings; requiring spending cuts in state government; and establishing an effective date”; to the Committee on Finance.

By Delegates Householder, Moffatt, Folk, Frich, Ihle, Hill, Statler, Butler, Gearheart, McGeehan and Sobonya:

            H. B. 2219 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17B-7-1, relating to prohibiting West Virginia from participating in the REAL ID Act of 2005 enacted by the United States Congress in Public Law 109-13”; to the Committee on the Judiciary then Finance.

By Delegates Householder, Cooper, Gearheart, Cadle, Howell, Folk, Frich, Fast, Ihle, Hill and Statler:

            H. B. 2220 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-1A-6, relating to creating a requirement for the Governor to itemize consulting fees; and providing a limit on those fees”; to the Committee on Government Organization then Finance.

By Delegates Householder, Cooper, Cadle, Upson, Moffatt, Howell, Frich, Ihle, Hill, Fast and Statler:

            H. B. 2221 - “A Bill to amend and reenact §20-5-18 of the Code of West Virginia, 1931, as amended, relating to providing that a valid West Virginia identification card is an acceptable form of identification to establish age and residency for purposes of obtaining a campground rental discount at state parks or forests for persons over the age of sixty-two”; to the Committee on Agriculture and Natural Resources then Finance.

By Delegates Hamilton, Ferro, Frich, Guthrie, Moye, Longstreth, Lynch, A. Evans, Kurcaba and Sobonya:

            H. B. 2222 - “A Bill to amend and reenact §5-10-52 of the Code of West Virginia, 1931, as amended, relating to the West Virginia Public Employees Retirement Act; and the manner of calculating benefits for certain members of the Legislature”; to the Committee on Pensions and Retirement then Finance.

By Delegates Walters and Frich

            [By Request of the Division of Banking]:

            H. B. 2223 - “A Bill to amend and reenact §31-17-1 and §31-17-8 of the Code of West Virginia, 1931, as amended, all relating to including consumer credit sales that are secured by a mortgage, deed of trust or other equivalent consensual security interest on a dwelling or residential real estate in the definitions of ‘primary mortgage loan’ and ‘subordinate mortgage loan’; and providing an exception to the prohibition of balloon payments and further extending the exception to the ban on loans greater than one hundred percent LTV for loan modifications or refinancing loans done through and in compliance with government programs or litigation settlements”; to the Committee on Banking and Insurance then Finance.

By Delegates Howell, Manchin, Rowan, Storch, Canterbury, Stansbury, Zatezalo, Butler, D. Evans, Ambler and Cooper:

            H. B. 2224 - “A Bill to amend and reenact §15-1F-7 of the Code of West Virginia, 1931, as amended, relating to unlawful military organizations; and providing that historical reenactors are not violating the provision prohibiting unlawful military organizations”; to the Committee on Veterans’ Affairs and Homeland Security then the Judiciary.

By Delegates Gearheart, Hill, J. Nelson, Kelly, Wagner, Stansbury, Canterbury, Zatezalo, Butler, D. Evans and Howell:

            H. B. 2225 - “A Bill to amend and reenact §17C-15-17 of the Code of West Virginia, 1931, as amended, relating to roof-mounted off-road light bar lighting devices; eliminating the requirement that such lighting devices be covered when vehicles are operated on roads and highways and allowing owners of vehicles to install or use such lighting devices without obtaining approval from the Commissioner of Highways”; to the Committee on Roads and Transportation then the Judiciary.

By Mr. Speaker, Mr. Armstead, and Delegate Miley

            [By Request of the Executive]:

            H. B. 2226 - “A Bill to amend and reenact §11-24-43a of the Code of West Virginia, 1931, as amended, relating to dedication of corporation net income tax proceeds to railways; specifying that dedication of corporation net income tax proceeds to railways expires and is null and void on and after July 1, 2015”; to the Committee on Finance.

By Delegates L. Phillips, Eldridge, Gearheart, Moffatt, J. Nelson, H. White, Guthrie, Rowe, Marcum, Perdue and Hornbuckle:

            H. B. 2227 - “A Bill to amend and reenact §29-27-1, §29-27-2, §29-27-3, §29-27-4, §29-27-5 and §29-27-6 of the Code of West Virginia, 1931, as amended, all relating to the National Coal Heritage Area Authority; expanding the number of member counties; increasing number of members and providing for appointments by county commissions rather than the Governor; providing for chairperson appointed by and serving at the will and pleasure of the Secretary of Education and the Arts rather than the Governor; creating a standing committee and its responsibilities; and transferring all assets and responsibilities of the Coal Heritage Highway Authority to the National Coal Heritage Area Authority”; to the Committee on Government Organization.

By Delegates L. Phillips, Eldridge, Pethtel, Guthrie, Moye, Moore, Hornbuckle and P. Smith:

            H. B. 2228 - “A Bill to amend and reenact §18-5-18b of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-9A-8 of said code, all relating to modifying the funding ratio of school students to counselors; providing counties with the flexibility to set caseload standards so long as the standards equally distribute counselors to students at each academic level throughout the county and providing protection for counties that currently exceed the proposed funding ratio”; to the Committee on Education then Finance.

By Delegates L. Phillips, Guthrie and Moore:

            H. B. 2229 - “A Bill to amend and reenact §3-10-7 and §3-10-8 of the Code of West Virginia, 1931, as amended, all relating to elections for vacancies in county offices; and providing that a county employee may run for a vacant county office without giving up his or her current position”; to the Committee on Political Subdivisions then the Judiciary.

By Delegates Walters, Westfall, B. White, Ambler, Cooper, Upson, Espinosa, Eldridge, Marcum, R. Phillips and H. White:

            H. B. 2230 - “A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to calculation of West Virginia adjusted gross income for personal income tax purposes; and subtracting social security benefits from federal adjusted gross income to the extent included in federal gross income for federal income tax purposes”; to the Committee on Finance.

By Delegates Hill, J. Nelson, Border, Kessinger, Foster, Householder, Cadle and Espinosa:

            H. B. 2231 - “A Bill to amend and reenact §20-2-28 of the Code of West Virginia, 1931, as amended, relating to permitting grandchildren of resident landowners to hunt, trap or fish on that landowner's property without a license”; to the Committee on Agriculture and Natural Resources then the Judiciary.

By Delegates Perry, Fast, Moore, Sponaugle, Miley, Perdue, Rowe, Kessinger, Boggs, Pethtel and Ferro:

            H. B. 2232 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §46A-2-138a, relating to consumer credit and protection; and providing that an automatic renewal provision of a contract for service, maintenance or repair is unenforceable unless notice of renewal is given to the recipient of the service no less than 30 days prior to the cancellation of renewal date of the contract”; to the Committee on the Judiciary.

By Delegates Walters, Sobonya, Rohrbach, Ambler, Mr. Speaker, Mr. Armstead, Storch, H. White, R. Phillips, Ireland, Hanshaw and E. Nelson:

            H. B. 2233 - “A Bill to amend and reenact §29A-3-16 of the Code of West Virginia, 1931, as amended, relating to requiring the Legislative Rule-Making Committee and the Legislative Auditor’s Office to review legislative rules five years after initial approval by the Legislature; and authorizing rule-making proposal authority to the committee and auditor”; to the Committee on the Judiciary then Finance.

By Delegates Ashley, Shott, E. Lane, Nelson, Upson, Hanshaw, Mr. Speaker, Mr. Armstead, McCuskey, Manchin, Campbell and Rowe:

            H. B. 2234 - “A Bill to amend and reenact§48-5-613 of the Code of West Virginia, 1931, as amended, relating to requiring a court to permit a party in a divorce proceeding to resume using the name he or she used prior to the marriage”; to the Committee on the Judiciary.

By Delegates Fluharty, Ferro, Byrd, Hornbuckle, Trecost, H. White, Storch, Miley, Hamilton, Lynch and Pushkin:

            H. B. 2235 - “A Bill to amend and reenact §6B-3-2 of the Code of West Virginia, 1931, as amended, relating to prohibiting chairmen of state political parties during or up to one year after the termination of their employment as chairmen of those political parties from registering as lobbyists; and providing an effective date”; to the Committee on the Judiciary.

By Delegates R. Smith, J. Nelson, R. Phillips, Marcum, Summers, Butler, Gearheart, Walters, D. Evans, Cooper and Kessinger:

            H. B. 2236 - “A Bill to repeal §22A-2A-302, §22A-2A-303, §22A-2A-304, §22A-2A-305, §22A-2A-306 and §22A-2A-307 of the Code of West Virginia, 1931, as amended; to amend and reenact §22A-2A-101, §22A-2A-301, §22A-2A-308, §22A-2A-309, §22A-2A-310, §22A-2A-402, §22A-2A-403, §22A-2A-404, §22A-2A-405, §22A-2A-501, §22A-2A-601, §22A-2A-602, §22A-2A-603, §22A-2A-604, §22A-2A-701, §22A-2A-702, §22A-2A-703, §22A-2A-704, §22A-2A-801, §22A-2A-802, §22A-2A-803, §22A-2A-804, §22A-2A-805, §22A-2A-806, §22A-2A-807 and §22A-2A-901 of said code; and to further amend said code by adding thereto a new section, designated §22A-2A-204a, all relating to abolishing the West Virginia Diesel Equipment Commission; transferring the powers, duties and appropriations of the commission to the Director of the office of Miners’ Health, Safety and Training; establishing legislative rule-making authority of the director; and providing that approvals of equipment and rules previously approved by the commission continue in full force and effect”; to the Committee on Energy then Government Organization.

By Delegates Foster, Cadle, Butler, Ihle, Faircloth, Kessinger, Overington, Moffatt, Cowles, Shott and Householder:

            H. B. 2237 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-3-10f, relating to prohibiting project labor agreements on state-funded construction contracts”; to the Committee on Government Organization then Finance.

By Delegates Hamilton, Frich, Moye, L. Phillips, Guthrie, Longstreth, Sobonya and Romine:

            H. B. 2238 - “A Bill to amend and reenact §24-1-3 of the Code of West Virginia, 1931, as amended, relating to appointment of Public Service Commissioners”; to the Committee on Government Organization then the Judiciary.

By Delegates Howell, Ellington, Arvon, Householder, R. Phillips, Miller, Storch, Waxman, Summers, Trecost and Rohrbach:

            H. B. 2239 - “A Bill to repeal §30-1-15 of the Code of West Virginia,1931,as amended; to amend and reenact §30-1-5, §30-1-10, and §30-1-19 of said code; and to amend said code by adding thereto a new article, designated §30-1C-1, §30-1C-2, §30-1C-3, §30-1C-4, §30-1C-5, §30-1C-6, §30-1C-7, §30-1C-8, §30-1C-9, §30-1C-10, §30-1C-11 and §30-1C-12 all relating to creating a Board of Health Professions; establishing the purpose of the board; defining terms; providing for appointment of executive director; enumerating the powers and duties of the board; providing enforcement power to the executive director and investigative staff; establishing authority of board to protect escrow funds held by licensees of health regulatory boards; establishing composition of Board of Health Professions and board member appointment and terms; establishing who will act as chairman of the board; establishing a quorum of the board; and establishing powers and duties of the board of Health Professions”; to the Committee on Health and Human Resources then Government Organization.

Daily Calendar

Third Reading

            Com. Sub. for H. B. 2001, Repealing portions of the Alternative and Renewable Energy Portfolio Act; on third reading, coming up in regular order, was read a third time.

            Delegate Lane requested to be excused from voting on the passage of Com. Sub. for H. B. 2001 under the provisions of House Rule 49.

            The Speaker replied that the Delegate was a member of a class of persons possibly to be affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and refused to excuse the Member from voting.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 5), and there were, including pairs--yeas 95, nays 4, absent and not voting 1, with the nays, paired and absent and not voting being as follows:

            Nays: Fleischauer and Pushkin.

            Pursuant to House Rule 43, the following pairs were filed and announced by the Clerk:

            Paired:

                        Yea:    Caputo                        Nay: Skinner

                        Yea:     H. White                   Nay: Guthrie

            Absent and Not Voting: Boggs.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2001) passed.

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

            Com. Sub. for H. B. 2001 - “A Bill to repeal §24-2F-1, §24-2F-2, §24-2F-3, §24-2F-4, §24-2F-5, §24-2F-6, §24-2F-7, §24-2F-9, §24-2F-10, §24-2F-11 and §24-2F-12, of the Code of West Virginia, 1931, as amended, all relating to repealing certain provisions of the Alternative and Renewable Energy Portfolio Act.”

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

Second ReadingCom. Sub. for H. B. 2025, Prohibiting certain sex offenders from loitering within one thousand feet of a school or child care facility; on second reading, coming up in regular order, was read a second time.

            On motion of Delegate Shott, the bill was amended on page two, section twenty-six, line thirteen, by striking out the words “or for” and inserting in lieu thereof the word “and”.

            On page two, section twenty-six, line thirteen, by striking out the words “as the case may be”.

            And,

            On page two, section twenty-six, line fifteen, by striking out the comma after the word residence and, by reinserting the stricken word “or”.

            The bill was then ordered to engrossment and third reading:

            H. B. 2201, Requiring the Public Service Commission to adopt certain net metering and interconnection rules and standards; on second reading, coming up in regular order, was read a second time.

            At the request of Delegate Cowles, and by unanimous consent, the bill was advanced to third reading with amendments pending, and the rule was suspended to permit the offering and consideration of the amendments on that reading.

Leaves of Absence

            At the request of Delegate Cowles, and by unanimous consent, leaves of absence for the day were granted Delegates Boggs, Caputo and H. White.

Miscellaneous Business

            Delegates Azinger, Ihle and Kelly and obtained unanimous consent that they be added as cosponsors of H. B. 2184, Discontinuing the use of common core standards and assessments in the state.

Remarks by Members

            Delegate Westfall asked and obtained unanimous consent that the remarks of Delegates Eldridge, Folk, Gearheart, Hill, Howell, Marcum, J. Nelson, R. Phillips, Rodighiero, P. Smith, R. Smith, Storch and B. White regarding Com. Sub. for H. B. 2001, Repealing portions of the Alternative and Renewable Energy Portfolio Act, be printed in the Appendix to the Journal.

            Delegate Lane then asked and obtained unanimous consent that the remarks of Delegate Shott

regarding H. B. 2001 be printed in the Appendix to the Journal.

 

            Delegate Miley asked and obtained unanimous consent that the remarks of Delegate Manchin

regarding H. B. 2001 be printed in the Appendix to the Journal.

            At 12:50 p.m., the House of Delegates adjourned until 11:00 a.m., Friday, January 23, 2015.