West Virginia Legislature
Journal of the House of Delegates
Eighty-Second Legislature
Second Regular Session
____________________________________________________
Charleston, Wednesday, January 13, 2016
[MR. SPEAKER, MR. ARMSTEAD, IN THE CHAIR]
This being the day fixed by Section 18, Article VI of the Constitution of the State of West Virginia for the annual assembly of the Legislature, the members of the House of Delegates met in their Chamber in the Capitol Building in the City of Charleston, and at 12 o’clock meridian were called to order for the Second Regular Session of the Eighty-Second Legislature by the Speaker, the Honorable Tim Armstead.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
Messages from the Executive
And other Communications
Various communications were laid before the House of Delegates, which were read by the Clerk as follows:
House of Delegates
West Virginia Legislature
Building 1, Room 258-M
1900 Kanawha Blvd., East
Charleston, WV 25305
April 13, 2015
The Honorable Tim Armstead, Speaker
West Virginia House of Delegates
Building 1, Room 234M
Charleston, West Virginia 25305
Dear Mr. Speaker:
I am resigning as a member of the West Virginia House of Delegates, effective midnight, April 15th, 2015. I am so grateful and honored to have had the opportunity to serve the citizens of Preston County for these past twenty-one years.
It has been a wonderful experience and I will always cherish the House of Delegates and the many friendships that I made while serving here.
As a farmer, I’d like to leave members with one parting thought, when you sow compromise and bi-partisanship you grow a better state, when you sow partisanship and political gamesmanship, you grow disdain for our democracy. It is my sincere hope that the House of Delegates continues its long tradition of working together for the benefit of the citizens of this great state.
Sincerely,
Larry A. Williams,
52nd District
State of West Virginia
Office of the Governor
1900 Kanawha Blvd., East
Charleston, WV 25305
April 29, 2015
The Honorable Natalie Tennant
Secretary of State
State Capitol
Charleston, West Virginia 25305
Dear Secretary Tennant:
Pursuant to W. Va. Code § 3-10-5, I have this day appointed Steven Shaffer, 411 Bonafield Street, Tunnelton, Preston County, West Virginia 26444, as a delegate representing the 52nd Delegate District, to fill the vacancy created by the resignation of the Honorable Larry Williams from this day through the remainder of the unexpired term of said office.
Sincerely,
Earl Ray Tomblin,
Governor.
The Clerk announced that Delegate Shaffer had taken and subscribed to the several oaths of office as prescribed by Section 16, Article VI of the Constitution of the State of West Virginia on May 5, 2015.
House of Delegates
West Virginia Legislature
Building 1, Room 472-M
1900 Kanawha Blvd., East
Charleston, WV 25305
September 15, 2015
The Honorable Tim Armstead, Speaker
West Virginia House of Delegates
State Capitol
Charleston, West Virginia 25305
Dear Mr. Speaker:
Effective at 2:30 p.m. on this date, I hereby submit my resignation as a member of the House of Delegates from the Eleventh Delegate District representing Roane and Jackson counties.
I have enjoyed serving with you and want to thank you for all of the courtesies extended to me during the past year. I look forward to continuing to work with you in my capacity as a State Senator and wish you and all the members and staff of the House of Delegates the very best of luck in the future.
Respectfully yours,
Robert G. “Bob” Ashley
State of West Virginia
Office of the Governor
1900 Kanawha Boulevard, East
Charleston, WV 25305
October 2, 2015
The Honorable Natalie Tennant
Secretary of State
State Capitol
Charleston, West Virginia 25305
Dear Secretary Tennant:
Pursuant to W. Va. Code § 3-10-5, I have this day appointed Martin “Rick” Atkinson, III, 4250 Ripley Road, Reedy, Roane County, West Virginia 25270, as a Delegate representing the Eleventh District of the House of Delegates, to fill the vacancy created by the resignation of the Honorable Bob Ashley.
Sincerely yours,
Earl Ray Tomblin,
Governor.
The Clerk announced that Delegate Atkinson had taken and subscribed to the several oaths of office as prescribed by Section 16, Article VI of the Constitution of the State of West Virginia on October 6, 2015.
Harry Keith White
Post Office Box 1985
Gilbert, WV 25621
January 4, 2016
Speaker Tim Armstead and
Steve Harrison, Clerk
West Virginia House of Delegates
1900 Kanawha Boulevard East
Charleston, West Virginia 25305
Dear Clerk Harrison and Speaker Tim Armstead:
I am tendering my resignation to the House of Delegates effective midnight tonight January 4th, 2016. My reason for resigning is so that I may dedicate more of my professional and personal time towards economic development efforts for southern West Virginia. I am working with others in an effort to recruit projects to Mingo County and southern West Virginia. If our efforts bear fruit they will help our local economy begin to rebound.
Being a member of the West Virginia House of Delegates has been an honor for me. During the last twenty years plus we have seen many changes and improvements in our state. I have been proud to be part of the legislative process.
As always if you need to get with me please feel free to contact me at my office at the Bank of Mingo or at home.
Sincerely yours,
Harry Keith White
State of West Virginia
Office of the Governor
1900 Kanawha Boulevard, East
Charleston, WV 25305
January 12, 2016
The Honorable Natalie Tennant
Secretary of State
State Capitol
Charleston, West Virginia 25305
Dear Secretary Tennant:
Pursuant to W. Va. Code § 3-10-5, I have this day appointed Phyllis M. White, Box 1985, Gilbert, Mingo County, West Virginia 25621, as a Delegate representing the Twenty-First District of the House of Delegates, to fill the vacancy created by the resignation of the Honorable Harry Keith White.
Sincerely yours,
Earl Ray Tomblin,
Governor.
The Clerk announced that Delegate White had taken and subscribed to the several oaths of office as prescribed by Section 16, Article VI of the Constitution of the State of West Virginia on January 13, 2016.
House of Delegates
West Virginia Legislature
Building 1, Room 4R
1900 Kanawha Blvd.
Charleston, WV 25305
December 21, 2015
The Honorable Tim R. Armstead, Speaker
West Virginia House of Delegates
Room 228M, Building 1
State Capitol Complex
Charleston, WV 25305
Dear Mr. Speaker,
I am resigning from the House of Delegates effective December 31, 2015.
Sincerely yours,
Linda Goode Phillips,
25th District
State of West Virginia
Office of the Governor
1900 Kanawha Boulevard, East
Charleston, WV 25305
January 12, 2016
The Honorable Natalie Tennant
Secretary of State
State Capitol
Charleston, West Virginia 25305
Dear Secretary Tennant:
Pursuant to W. Va. Code § 3-10-5, I have this day appointed Frank L. Blackwell, 1801 Moran Avenue, Mullens, Wyoming County, West Virginia 25582, as a Delegate representing the Twenty-Fifth District of the House of Delegates, to fill the vacancy created by the resignation of the Honorable Linda Goode Phillips.
Sincerely yours,
Earl Ray Tomblin,
Governor.
The Clerk announced that Delegate Blackwell had taken and subscribed to the several oaths of office as prescribed by Section 16, Article VI of the Constitution of the State of West Virginia on January 13, 2016.
House of Delegates
West Virginia Legislature
1900 Kanawha Blvd.
Charleston, WV 25305
January 5, 2016
The Honorable Stephen Harrison
Clerk of the West Virginia House of Delegates
Office of the Clerk
West Virginia House of Delegates
West Virginia Capitol
Charleston, WV 25305
Dear Mr. Clerk:
Please allow this letter to serve as my official resignation notice of the West Virginia House of Delegates serving the 51st district. Please accept my resignation effective immediately.
Thank you for your kindness and service to the members of the House. It was a pleasure to serve with you. I wish you all the best going forward.
Sincerely yours,
Amanda Pasdon
The foregoing communications were received and were filed in the Clerk’s Office.
The roll was then called (Roll No. 1), and 97 Delegates having answered to their names, the Speaker declared the presence of a quorum.
On motion of Delegate Cowles, the Speaker was authorized to appoint a committee of three to notify the Senate that the House of Delegates had assembled for the Second Regular Session of the 82nd Legislature, as provided by Section 18, Article VI of the Constitution of the State, with a quorum present, and was ready to proceed to the business of the session.
Whereupon,
The Speaker appointed as members of such committee the following:
Delegates Stansbury, R. Smith and Boggs.
On motion of Delegate Cowles, the Speaker was authorized to appoint a committee of three to join with a similar committee of the Senate to inform His Excellency, the Governor, that the Legislature had assembled in Regular Session as provided by Section 18, Article VI of the Constitution of the State, with a quorum of each house present, was ready to enter into the business of the session and to convey to him that it would be pleased to receive any communication he may desire to present.
Whereupon,
The Speaker appointed as members of such committee the following:
Delegates Border, Duke and Hartman.
At the request of Delegate Cowles, and by unanimous consent, the applicable provisions of House Rule 136, relating to privileges of the floor, were suspended for the remainder of the day to permit families of members and invited guests the privileges of the floor for the remainder of the day’s proceedings.
Messages from the Senate
A message from the Senate, by
Senators Blair, Ferns and Plymale announced that the Senate had assembled for the Second Regular Session of the 82nd Legislature, with a quorum present, and was ready to proceed to the business of the session.
Subsequently,
Delegate Border, from the Committee to inform His Excellency, the Governor, that the Legislature had assembled for the Second Regular Session of the 82nd Legislature, reported that the Committee had completed its assigned task.
Delegate Stansbury, from the Committee to notify the Senate that the House of Delegates had assembled and was ready to proceed to the business of the session, reported the performance of that duty.
Resolutions Introduced
Delegate Cowles announced the reintroduction and references to the various standing committees of the following House Joint Resolutions from the First Regular Session of the 82nd Legislature:
House Joint Resolutions 2, 3, 4, 5, 8, 9, 10, 12, 13, 14, 16, 18, 20, 21, 22, 23, 24, 25 and 26.
Mr. Speaker, Mr. Armstead, offered the following resolution, which was read by the Clerk as follows:
H. C. R. 1 - “Extending an invitation to His Excellency, the Governor, to deliver an address to the Legislature and raising a Joint Assembly therefor.”
Whereas, His Excellency, the Governor, has advised that he will be pleased to address a Joint Assembly of the Senate and House of Delegates at the convenience of the two houses; therefore, be it
Resolved by the Legislature of West Virginia:
That His Excellency, the Governor, be hereby invited to address a Joint Assembly of the Legislature at 7:00 o’clock postmeridian this day; and, be it
Further Resolved, That the President of the Senate and the Speaker of the House of Delegates appoint three members of each of the respective houses of the Legislature as a committee to wait upon His Excellency, the Governor, and escort him into the Hall of the House of Delegates at the time herein appointed for hearing the address.
At the respective requests of Delegate Cowles, and by unanimous consent, reference of the resolution (H. C. R. 1) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Whereupon,
In accordance with the provisions of the resolution, the Speaker appointed as members of the committee to wait upon His Excellency, the Governor, the following:
Delegates Ireland, Kessinger and Perdue.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Mr. Speaker, Mr. Armstead, offered the following resolution, which was read by the Clerk as follows:
H. R. 1 – “Authorizing the appointment of employees for this, the Second Regular Session of the Eighty-second Legislature, two thousand sixteen.”
Resolved by the House of Delegates:
That the Speaker of the House of Delegates be, and he is hereby, authorized to appoint employees to perform technical, clerical, stenographic, custodial and other services for this session of the Legislature to receive the per diems and salaries as herein provided, as follows:
(1) For per diem employees, the following rates:
Thirteen Legislative Assistants at $65.00 - $125.00
Three Committee Clerks at $75.00 - $135.00
Four Committee Assistant Clerks at $65.00 - $115.00
Four Messengers at $65.00 - $105.00
Seven Attorneys at $175.00 - $360.00
One Doorkeeper at $150.00
Six Assistant Doorkeepers at $80.00
One Sergeant at Arms at $150.00
Two Assistant Sergeants at Arms at $80.00
One Head Page at $85.00
One Assistant Page at $75.00
Two Maintenance Assistants at $65.00
One Clerk Assistant at $150.00
One Office Assistant to the Clerk’s Office at $85.00
One Administrative Assistant to the Clerk’s Office at $153.00
(2) For salaried full-time employees, the following employees at the following rates, in addition to and exclusive of any experience increment or pay in lieu of an experience increment as may be payable under Section 2, Article 5, Chapter 5 of the Code of West Virginia of 1931, as amended:
One Chief Clerk at seven thousand four hundred sixteen dollars and sixty-seven cents per month;
One Assistant Clerk/Parliamentarian at five thousand dollars per month;
One Bill Status Clerk at three thousand three hundred ninety-three dollars and twenty-two cents per month;
One Journal Clerk at three thousand three hundred thirty-four dollars and thirty-three cents per month;
One Documents Clerk at three thousand five hundred eighty-three dollars and sixty-seven cents per month;
One Administrative Assistant to the Clerk’s Office at Two Thousand nine hundred seventy-eight dollars and forty-two cents per month;
One Fiscal Officer at three thousand five hundred eighty-three dollars and thirty-three cents per month;
One Assistant Fiscal Officer at two thousand nine hundred sixty-six dollars and sixty-seven cents per month;
One Purchasing Agent at three thousand four hundred seventy-eight dollars and forty-two cents per month;
One Mail Clerk at two thousand four hundred fifty-eight dollars and thirty-three cents per month;
One Communications Director to the House at four thousand eight hundred thirty-three dollars and thirty-three cents per month;
One Policy Analyst to the Speaker at three thousand nine hundred sixteen dollars and sixty-seven cents per month;
One Policy Analyst to the Majority Whip Office at three thousand five hundred eighty-three dollars and thirty-three cents per month;
One Counsel/Chief of Staff to the Speaker at nine thousand five hundred eighty-three dollars and thirty-three cents per month;
One Assistant to the Speaker at six thousand six hundred sixty-six dollars and sixty-seven cents per month;
One Policy Analyst to the Majority Office at three thousand five hundred eighty-three dollars and thirty-three cents per month;
One Director of Supplies at three thousand four hundred fifty-eight dollars and thirty-three cents per month;
One Maintenance Staff at two thousand two dollars and twenty-nine cents per month;
One Maintenance Staff at two thousand nine hundred forty-two dollars and eighty-one cents per month;
One Maintenance Staff at One thousand nine hundred sixteen dollars and sixty-seven cents per month;
One Chief Counsel to the Committee on the Judiciary at seven thousand six hundred sixty-six dollars and sixty-seven cents per month;
One Counsel to the Committee on the Judiciary at six thousand nine hundred dollars per month;
One Legislative Analyst to the Committee on the Judiciary at three thousand eight hundred fifty dollars and twenty-four cents per month;
One Administrative Assistant to the Committee on the Judiciary at three thousand three hundred thirty-three dollars and thirty-three cents per month;
One Chief Counsel to the Committee on Education at seven thousand five hundred dollars per month;
One Legislative Assistant to the Committee on Education at three thousand three hundred twenty-two dollars and thirty-seven cents per month;
One Chief Counsel to the Committee on Finance at eight thousand two hundred eight dollars and thirty-three cents per month;
One Policy Analyst to the Committee on Finance at six thousand dollars per month;
One Budget Analyst to the Committee on Finance at three thousand three hundred thirty-three dollars and thirty-three cents per month;
One Budget Analyst to the Committee on Finance at three thousand three hundred thirty-three dollars and thirty-three cents per month;
One Committee Clerk to the Committee on Finance at four thousand twenty-five dollars and forty-eight cents per month;
One Chief Counsel to the Committee on Government Organization at five thousand eight hundred thirty-three dollars per month;
One Administrative Assistant to the Committee on Government Organization at two thousand nine hundred sixteen dollars and sixty-seven cents per month;
One Legislative Analyst to the Committee on Government Organization at three thousand three hundred thirty-three dollars and thirty-three cents per month;
One Chief Counsel to the Committee on Health and Human Resources at six thousand four hundred sixteen dollars and sixty-seven cents per month;
One Legislative Analyst to the Committee on Health and Human Resources at three thousand five hundred forty-seven dollars and eleven cents per month;
One Administrative Assistant to the Committee on Health and Human Resources at two thousand nine hundred fifty-eight dollars and thirty-three cents per month;
One Chief Counsel to the Minor Committees at seven thousand five hundred forty-one dollars and sixty-seven cents per month;
One Analyst to the Minor Committees at three thousand eighty-three dollars and thirty-three cents per month;
One Analyst to the Minor Committees at two thousand nine hundred sixteen dollars and sixty-seven cents per month;
One Chief Counsel to the Energy Committee at six thousand dollars per month;
One Clerk to the Energy Committee at three thousand one hundred forty-three dollars and thirty-nine cents per month;
One Counsel to Minority Office at eight thousand five hundred dollars and thirty-three cents per month;
One Policy Analyst to the Minority Leader at three thousand six hundred sixty-nine dollars and thirty-three cents per month;
The Speaker is authorized to appoint or assign additional or present employees and to determine the rate of compensation therefor as he may deem necessary to expedite the work of the House of Delegates; and be it
Further Resolved, That, in accordance with Chapter 4, Article 2A of the code, the Clerk of the House is hereby authorized to draw his requisitions upon the Auditor for travel expenses and compensation of members of the House of Delegates; and, be it
Further Resolved, That all appointments made under authority of the foregoing provisions of this resolution shall be certified to the Auditor and Treasurer by the Clerk of the House, and the Clerk of the House of Delegates is hereby authorized to draw his requisitions upon the Auditor in favor of the persons so appointed and the Auditor shall honor and pay such requisitions when presented and charge same to the "per diem of officers and employees" fund or "contingent" fund of the House of Delegates. The Clerk shall draw his requisitions in favor of employees for consecutive days or months from the date of their employment at the per diem or salary herein set out until such time as their services shall cease. The Speaker may remove any employee and appoint another in his or her place, and he shall require each of said employees to perform such duties as shall be assigned him or her, and he is hereby given authority to dispense with the services of any employee or employees for any such time or number of days as their services shall not be needed during the session, and they shall not be paid for such time, nor shall other persons be appointed into their places for any such time as they may be suspended when not needed; and, be it
Further Resolved, That the Speaker is hereby authorized to assign employees to such positions and duties as he may deem proper to secure the most efficient and expeditious work during the Session of the Legislature; and be it
Further Resolved, That no person appointed under authority of this resolution and receiving pay hereunder shall concurrently receive compensation from any other department or agency of state government and no person who availed himself or herself of early retirement under the provisions of Senate Bill 10, First Extraordinary Session, 1988, may be appointed under the provisions of this resolution. Notwithstanding designation of positions or duties herein prescribed, any employee may be assigned additional duties by the person by whom appointed, and may be assigned to such positions and duties, as may be deemed proper to serve the most efficient and expeditious work; and, be it
Further Resolved, That following the session, the Speaker is authorized until superceded by subsequent House Resolution, to remove or appoint any employee of the House, and establish such duties and compensation as is deemed appropriate for each employee; and, be it
Further Resolved, That any and all provisions of House Rule 9 in conflict with this resolution are hereby suspended.
At the respective requests of Delegate Cowles, and by unanimous consent, reference of the resolution (H. R. 1) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Mr. Speaker, Mr. Armstead, offered the following resolution, which was read by the Clerk as follows:
H. R. 2 – “Authorizing printing and distribution of Acts of the Legislature and Journals of the House of Delegates.”
Resolved by the House of Delegates:
That under authority of section thirteen, article one, chapter four of the Code of West Virginia, the Clerk of the House of Delegates is hereby authorized to have printed not to exceed 150 copies of the Acts of the 2016 regular session of the Legislature, bound in buckram, and to include therein the Acts of any extraordinary session which may not have been printed.
The Clerk of the House of Delegates is also authorized to publish not to exceed 150 copies of the Journal of the House of Delegates for the second regular session of the 82nd Legislature and to include therein the unpublished Journals of any extraordinary sessions. In addition, there shall be printed twelve official copies of any Journal published, properly bound and designated. A copy of the Journal and a copy of said Acts shall be furnished to each member of the Legislature, upon request of each such member. The Clerk shall retain sufficient copies of the buckram bound Acts to supply legislative offices and the remaining copies shall be retained by the Clerk, for sale by his department.
The Clerk of the House shall provide copies of said Acts for distribution as provided by section six, article eight, chapter fifty-one of the code insofar as such distribution is practicable.
Copies of the Acts of the Legislature or Journals of the House of Delegates may be provided in electronic format if requested or if demand exceeds to the number of available printed volumes.
For the work required in indexing, printing and distributing said Acts and in the publication of said Journal of the House of Delegates and for completing other work of the session, the Speaker is hereby authorized to appoint such persons as he may deem necessary to perform technical, clerical, stenographic, custodial and other services required by the House of Delegates.
The Speaker shall certify a list of persons entitled to compensation under authority of this resolution to the Clerk of the House of Delegates, and the Clerk shall draw his requisition in favor of such persons at per diems or at monthly salaries, which shall be paid from the Per Diem of Officers and Employees Fund or the Contingent Fund of the House of Delegates.
At the respective requests of Delegate Cowles, and by unanimous consent, reference of the resolution (H. R. 2) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Mr. Speaker, Mr. Armstead, offered the following resolution, which was read by the Clerk as follows:
H. R. 3 – “Creating a Select Committee on Drugs Abuse Prevention”.
Whereas, The State of West Virginia is currently experiencing an epidemic relating to the issue of substance abuse; and,
Whereas, West Virginia has the highest rate of drug overdose deaths in the United States at more than double the national average; and
Whereas, Nearly 2,900 West Virginians have overdosed on prescription painkillers or heroin during the past five years; and
Whereas, Drug overdoses have become the leading cause of injury in West Virginia surpassing motor vehicle related injuries; therefore, be it
Resolved by the House of Delegates:
That for the remainder of the 82nd Legislature, there is hereby created a Select Committee on Prevention and Treatment of Substance Abuse, consisting of not more than eleven members of the House of Delegates, to be appointed by the Speaker. Notwithstanding the provisions of any House rule to the contrary, the Select Committee hereby created shall receive testimony, consider legislation, and recommend action to the Speaker of the House regarding all issues relating to and regarding the prevention and treatment of substance abuse in the State of West Virginia; and, be it
Further Resolved, That the rules of the House governing Standing Committees shall govern the actions and proceedings of this Select Committee insofar as applicable.
At the respective requests of Delegate Cowles, and by unanimous consent, reference of the resolution (H. R. 3) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Bills Introduced
Delegate Cowles announced the reintroduction and references to the various standing committees of the following bills from the First Regular Session of the 82nd Legislature: House Bills 2009, 2017, 2018, 2020, 2024, 2026, 2028, 2029, 2030, 2031, 2032, 2038, 2039, 2040, 2041, 2042, 2043, 2048, 2049, 2050, 2052, 2054, 2057, 2058, 2059, 2061, 2062, 2063, 2064, 2066, 2067, 2068, 2069, 2070, 2071, 2072, 2073, 2074, 2075, 2076, 2077, 2078, 2080, 2081, 2082, 2096, 2101, 2102, 2104, 2109, 2110, 2111, 2112, 2113, 2119, 2120, 2121, 2122, 2123, 2127, 2129, 2130, 2135, 2136, 2137, 2144, 2147, 2150, 2151, 2154, 2163, 2164, 2165, 2167, 2168, 2169, 2170, 2171, 2172, 2173, 2174, 2175, 2176, 2178, 2180, 2183, 2184, 2188, 2189, 2190, 2191, 2192, 2193, 2194, 2195, 2196, 2197, 2198, 2199, 2202, 2203, 2204, 2205, 2206, 2214, 2222, 2223, 2225,
2230, 2235, 2238, 2241, 2243, 2244, 2245, 2246, 2247, 2248, 2249, 2250, 2251, 2252, 2253, 2254, 2256, 2257, 2258, 2259, 2261, 2262, 2264, 2265, 2267, 2269, 2270, 2271, 2275, 2366, 2369, 2371, 2373, 2374, 2375, 2378, 2379, 2380, 2383, 2384, 2389, 2390, 2393, 2394, 2396, 2397, 2398, 2399, 2400, 2401, 2402, 2403, 2404, 2405, 2406, 2407, 2410, 2412, 2414, 2415, 2417, 2418, 2419, 2421, 2422, 2423, 2424, 2425, 2426, 2427, 2428, 2429, 2433, 2435, 2436, 2437, 2439, 2440, 2444, 2446, 2448, 2449, 2450, 2451, 2452, 2453, 2454, 2455, 2456, 2458, 2459, 2460, 2463, 2464, 2465, 2466, 2468, 2470, 2472, 2473, 2474, 2475, 2476, 2479, 2480, 2481, 2482, 2483, 2484, 2485, 2486, 2487, 2488, 2490, 2494, 2498, 2499, 2501, 2508, 2510, 2511, 2512, 2514, 2517, 2518, 2519, 2520, 2522, 2528, 2529, 2530, 2531, 2532, 2548, 2551, 2552, 2553, 2554, 2555, 2556, 2560, 2561, 2569, 2570, 2572, 2573, 2577, 2578, 2579, 2580, 2582, 2584, 2585, 2588, 2590, 2594, 2597, 2599, 2600, 2602, 2604, 2605, 2609, 2611, 2615, 2617, 2618, 2619, 2620, 2622, 2624, 2628, 2630, 2633, 2634, 2635, 2638, 2639, 2642, 2643, 2646, 2647, 2649, 2653, 2654, 2656, 2659, 2660, 2661, 2665, 2668, 2671, 2672, 2675, 2677, 2679, 2682, 2683, 2687, 2689, 2693, 2694, 2695, 2696, 2697, 2699, 2703, 2704, 2707, 2709, 2711, 2713, 2715, 2718, 2721, 2724, 2725, 2730, 2731, 2739, 2747, 2749, 2750, 2756, 2774, 2775, 2777, 2781, 2785, 2787, 2788, 2791, 2794, 2795, 2796, 2799, 2800, 2801, 2802, 2803, 2804, 2807, 2808, 2809, 2812, 2813, 2818, 2819, 2820, 2821, 2823, 2825, 2826, 2832, 2834, 2838, 2839, 2841, 2842, 2843, 2845, 2847, 2848, 2849, 2852, 2855, 2856, 2859, 2862, 2864, 2865, 2866, 2868, 2869, 2870, 2873, 2890, 2891, 2897, 2899, 2900, 2901, 2903, 2904, 2905, 2906, 2911, 2912, 2913, 2917, 2918, 2919, 2920, 2921, 2924, 2925, 2928, 2930, 2936, 2937, 2938, 2940, 2942, 2951, 2952, 2953, 2954, 2955, 2956, 2959, 2960, 2961, 2963, 2966, 2967, 2969, 2970, 2971, 2972, 2975, 2977, 2978, 2979, 2981, 2984, 2986, 2987, 2988, 2989, 2993, 2994, 2996, 3000, 3001, 3002, 3004, 3005, 3007, 3010, 3012, 3013, 3015 and 3019.
On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Hamilton, Hill, Kurcaba, McCuskey, Mr. Speaker (Mr. Armstead), Rohrbach, Stansbury, Storch, Upson, Weld and Zatezalo:
H. B. 4001 -- “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §3-8-15, relating to candidates or candidate committees for legislative office disclosing contributions received while the Legislature is in session; requiring timely disclosure of certain contributions from persons while the Legislature is in session; clarifying that the legislative session includes interim and special session; requiring timely disclosure of fund-raising events, including contributions, of candidates or candidate committees for legislative office while the Legislature is in session; defining terms; imposing the same reporting requirements upon former candidates or candidate committees for legislative office who are still in office; requiring the Secretary of State to create a form for disclosure; requiring the Secretary of State to publish information on the Secretary of State’s website; authorizing the Secretary of State to establish a means for electronic filing and disclosure in the alternative; and authorizing the Secretary of State to promulgate legislative and emergency rules”; to the Committee on the Judiciary.
By Delegates Anderson, Faircloth, Frich, Hanshaw, Howell, McCuskey, Mr. Speaker (Mr. Armstead), Rohrbach, Shott, Summers and Walters:
H. B. 4002 -- “A Bill to amend and reenact §29A-3-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §29A-3A-2 of said code; and to amend and reenact §29A-3B-2 of said code, all relating to rule making under the state Administrative Procedures Act; providing for a sunset of rules five years after the effective date of this amendment and legislation approving rules and five years after the effective date of all new or modified rules”; to the Committee on the Judiciary.
By Delegates Hanshaw, Ireland, McCuskey, E. Nelson, R. Phillips, Shott, R. Smith, Storch, Summers, Waxman and B. White:
H. B. 4003 -- “A Bill to amend and reenact §11-13V-4 of the Code of West Virginia, .1931, as amended, relating to expiring certain severance taxes that are dedicated to the Workers’ Compensation Debt Reduction Fund effective no later than February 1, 2016; and removing expired provisions”; to the Committee on Finance.
By Delegates Arvon, Blair, Border, Cooper, Fast, Frich, Ireland, Kessinger, Romine, Rowan and Sobonya:
H. B. 4004 -- “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-31, relating to the creation of the ‘Unborn Child Protection from Dismemberment Abortion Act’; providing definitions; making it unlawful for any person to purposely perform or attempt to perform a dismemberment abortion and thereby kill an unborn child unless necessary to prevent serious health risk to the unborn child’s mother; hearing before West Virginia Board of Medicine; persons not liable for performing or attempting to perform a dismemberment abortion; who may seek injunctive relief; who may seek cause of action for civil damages against a person who has performed a dismemberment abortion; what damages may be awarded; requiring the court to rule whether the anonymity of any woman upon whom an abortion has been performed or attempted to be performed shall be preserved from public disclosure if she does not give her consent to such disclosure; declaring that section may not be construed as creating or recognizing a right to abortion, nor a right to a particular method of abortion; creating a felony offense for violations; and providing criminal penalties”; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Cowles, Duke, Foster, Gearheart, Householder, Miller, Overington, Shott, Walters, Waxman and Westfall:
H. B. 4005 -- “A Bill to repeal §21-5A-1, §21-5A-2, §21-5A-3, §21-5A-5, §21-5A-6, §21-5A-7, §21-5A-8, §21-5A-9, §21-5A-10, §21-5A-11 and §21-5A-12 of the Code of West Virginia, 1931, as amended, all relating to repealing prevailing hourly rate of wages requirements by or on behalf of public authorities engaged in construction of public improvements”; to the Committee on Government Organization.
By Delegates Blair, Butler, Cowles, Espinosa, Gearheart, Hamrick, Householder, E. Nelson, Overington, Waxman and Zatezalo:
H. B. 4006 -- “A Bill to amend and reenact §21-1A-3 and §21-1A-4 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §21-5G-1, §21-5G-2, §21-5G-3, §21-5G-4, §21-5G-5, §21-5G-6, §21-5G-7 and §21-5G-8, all relating to establishing the West Virginia Workplace Freedom Act; eliminating language allowing employment agreements to require membership in a labor organization as a condition of employment; prohibiting any requirement that a person become or remain a member of a labor organization as condition of employment; prohibiting any requirement that a person must pay dues or other fees to a labor organization as a condition of employment; prohibiting any requirement that a person contribute to a charity in lieu of paying dues or other fees to a labor organization; providing that certain agreements or practices between labor organizations and employers are unlawful; providing for criminal penalties; providing for administrative remedies; providing for civil relief, including damages, attorney’s fees and injunctive relief; providing exceptions; requiring prosecuting attorneys and the Attorney General to investigate complaints; defining terms; construction; applicability, and severability”; to the Committee on the Judiciary.
By Delegates Anderson, Arvon, Butler, Cooper, Cowles, Espinosa, Hill, Moffatt, Rohrbach, Waxman and Weld:
H. B. 4007 -- “A Bill to amend and reenact §5-3-3 and §5-3-4 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §5-3-3a, all relating generally to appointment of attorneys to assist the Attorney General; establishing competitive bidding process for the use of private attorneys on a contingency fee basis by the Attorney General; requiring written determinations for the Attorney General’s selection of private attorneys to represent the state on a contingency fee basis; setting fees for contingency fee legal arrangements or contracts between private attorneys and the Attorney General; establishing supervision requirements for private lawyers representing the state on a contingency fee basis; requiring the posting of certain documents relating to the Attorney General’s retention of private attorneys to represent the state on a contingency fee basis; requiring Attorney General reports on certain legal causes and matters to the Governor, President of the Senate and Speaker of the House; outlining contents of those reports; updating and removing outdated provisions; and defining terms”; to the Committee on the Judiciary.
By Delegates Ambler, Arvon, Butler, Cooper, Espinosa, Miller, Moffatt, Rohrbach, Sobonya, Summers and Waxman:
H. B. 4008 -- “A Bill to amend and reenact §55-7-13d of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §55-7-13e; and to amend and reenact §55-7B-5 of said code, all relating to the establishment of a wrongful conduct rule; providing legislative findings and purposes; prohibiting the recovery of damages that arise, in whole or in part, out of a plaintiff’s commission or attempted commission of illegal or immoral acts or transactions; defining “illegal or immoral act or transaction”; providing for the burden of proof for establishing the commission of illegal or immoral acts or transactions; requiring proximate cause for a bar on recovery; setting forth exceptions to wrongful conduct rule; providing for the applicability of the wrongful conduct rule to all civil actions for personal injury and wrongful death, including any and all claims brought against a health care provider under the Medical Professional Liability Act; applicability; and severability”; to the Committee on the Judiciary.
By Delegates Ambler, Cooper, Ellington, D. Evans, Moffatt, Romine, Statler, Storch, Wagner, Weld and Zatezalo:
H. B. 4009 -- “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §7-26-1, §7-26-2, §7-26-3, §7-26-4, §7-26-5, §7-26-6, §7-26-7, §7-26-8, §7‑26-9, §7-26-10, §7-26-11, §7-26-12, §7-26-13, §7-26-14, §7-26-15, §7-26-16, §7‑26‑17, §7-26-18, §7-26-19, §7-26-20, §7-26-21, §7-26-22, §7-26-23, §7-26-24, §7‑26‑25, §7-26-26, §7-26-27, §7-26-28, §7-26-29, §7-26-30, §7-26-31, §7-26-32, §7-26-33, §7-26-34, §7-26-35, §7-26-36, §7-26-37, §7-26-38, §7-26-39, §7-26-40, §7-26-41, §7‑26-42, §7-26-43, §7-26-44 and §7-26-45, all relating generally to the role of county commissions and Commissioner of Highways in construction and financing of road and bridge projects in counties; providing a short title, legislative purpose and findings; defining terms; authorizing county commissions to develop road construction project plans; specifying process for development and approval of road construction project plans and plan amendments; allowing joint road construction project plans; requiring county commissions to submit road construction project plans and plan amendments approved by the voters to Commissioner of Highways for approval; specifying contents of application and approval process; creating a new account and subaccounts in State Road Fund; allowing road construction projects to be financed on cash basis or by special revenue bonds issued by the Commissioner of Highways; giving the Commissioner of Highways jurisdiction over all road construction projects accepted into state road system; specifying that road construction projects are public improvements; requiring annual reporting by Commissioner of Highways on county road construction projects; providing procedures and requirements for issuance of special revenue bonds and refunding bonds for county road construction projects; providing that bonds are not debts of state, county or any political subdivisions, are negotiable instruments, and are exempt from taxation; specifying that persons executing bonds have no personal liability; providing that powers relating to road construction project plans, construction of projects and issuance of special revenue bonds are additional powers; allowing county commissions with approved road construction projects to impose county transportation sales and use taxes; limiting rate of taxes; requiring transactions and uses subject or exempt from county sales and use taxes to conform to state consumers sales and service tax and use tax requirements except that county tax may not apply to sales of motor vehicles, motor fuels or to purchases where local taxation is prohibited by federal law; requiring the Tax Commissioner to administer, collect and enforce county transportation sales and use tax and for that purpose, specifying a fee allowed for commissioner’s services, making county transportation sales and use taxes subject to West Virginia Tax Procedure and Administration Act and to West Virginia Tax Crimes and Penalties Act; requiring that definitions, taxable transactions and exemptions from county transportation sales and use taxes automatically update when state consumers sales and service tax and use tax laws are amended; requiring county commissions to develop and maintain county rate and boundary databases; notifying tax of adoption of order imposing taxes or changing rate of tax and to provide commissioner with county rate and boundary database; specifying when collection of county transportation sales and use taxes begins; requiring that net collection of county transportation sales and use taxes be deposited in a subaccount of a county in a county road improvement account in the State Road Fund; providing that all powers are supplemental; exempting public officers from personal liability; providing for severability; and providing criminal penalties”; to the Committee on Roads and Transportation then Finance.
At 12:58 p.m., on motion of Delegate Cowles, the House of Delegates recessed until 6:50 p.m..
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EVENING SESSION
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Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:
H. C. R. 1, Extending an invitation to His Excellency, the Governor, to deliver an address to the Legislature and raising a Joint Assembly therefor.
JOINT ASSEMBLY
The Sergeant-at-Arms, the Honorable Marshall Clay, of the County of Fayette, announced the Honorable William P. Cole, III, President, and the members of the West Virginia Senate, who entered the Hall of the House of Delegates.
The Speaker invited the President to be seated to his right and the other members to be seated in the places reserved for them in the Well of the House.
The Sergeant-at-Arms announced the Board of Public Works, who were escorted to the seats reserved for them.
The Sergeant-at-Arms then announced the Honorable Menis Ketchum, II, Justice Brent Benjamin and Justice Allen Loughry, who entered the Hall of the House of Delegates and took the seats reserved for them.
The Speaker then recognized the Sergeant-at Arms, who announced the special committee to wait upon His Excellency, the Governor, and escort him into the Chamber.
Delegate Ireland, from such committee, announced that, pursuant to the invitation of the Legislature, His Excellency, the Governor, was present for the purpose of addressing the Joint Assembly.
The Sergeant-at-Arms then introduced the Governor.
The Committee then escorted His Excellency, the Governor, to the Clerk’s Desk. (The Members rising)
The Speaker presented the Honorable Earl Ray Tomblin, who addressed the Joint Assembly as follows:
Address by the Governor
The Governor. Mr. Speaker, Mr. President, members of the Board of Public Works, justices of the Supreme Court of Appeals, members of the Legislature, distinguished guests, and my fellow West Virginians.
Five years ago, when I first addressed this chamber as governor, I called on our state’s Legislature to get to work and put West Virginia first.
Although many things have changed, including the makeup of this Legislature, our commitment to the people who call our beautiful state home has remained steadfast. Since 2011, we have created a number of new opportunities for future generations, and we have faced our fair share of challenging times.
Tonight, our state is at a crossroads, and I stand before you with a plan that preserves the best of our past while charting a bold new plan for our future.
ECONOMIC DEVELOPMENT
Since 2011, we have welcomed more than 250 companies and $10 billion in major investments, providing hardworking West Virginians with more 11,000 good-paying jobs.
We’ve worked hard to create a business climate that makes West Virginia a strong competitor for major economic development projects. And we’re not just competing, we’re seeing huge success. Nationally and internationally recognized companies like Macy’s, Amazon, Quad Graphics and Toyota already know that West Virginia is a great place to do business.
And tonight, I’m proud to announce polymer additive company Addivant has reaffirmed its commitment to our state and plans to expand. (Applause)
After receiving FDA approval for a groundbreaking polymer to be used in food packaging, the company was on the hunt for a new location to expand its production facility. Major players from the Gulf Coast actively pursued Addivant, but our state’s Development Office stepped up and showed company executives that West Virginia is the right place to invest.
This new expansion project not only saves nearly 100 jobs, but it brings at least $12 million in new investments and additional opportunities for employment. Plastics manufacturing is just one of the downstream industries we are working to attract, and this expansion project is just the beginning of that growth. (Applause)
Addivant chose to stay in West Virginia because of our strong business climate and a highly trained experienced workforce that’s ready to get to work.
These types of investments don’t happen overnight. They’re a result of the hard work and positive changes we’ve made over the years.
We overhauled workers’ compensation, and companies operating here have saved more than $323 million since the program was privatized in 2006. We’ve reformed medical malpractice and improved our legal climate. We’ve enacted gradual reductions in our business and consumer taxes, and since I took office, we’ve saved employers and West Virginians more than $225 million. (Applause)
We rank higher than each of our neighboring states in this year’s Business Tax Climate Index. Companies are noticing these changes, and they are paying off in big ways in regions across the state.
PROCTER & GAMBLE
This September, we joined officials from Procter & Gamble to celebrate the groundbreaking of the company’s newest manufacturing plant – the first of its kind built in the United States since the 1970s.
Projects of this size and scope strengthen our economy, create new jobs and serve as an investment in both our state and our people. This factory – located in the Eastern Panhandle – will create 1,000 jobs during the initial construction phase. Once fully operational, it is projected to employ the company’s fifth largest workforce in the country.
We’ve worked hard to bring these jobs to West Virginia for West Virginians, and now, they need filled.
That’s why more than a year before production begins, P&G has partnered with BlueRidge Community and Technical College to create specialized training programs to meet workforce needs. These certificate and degree programs are preparing students for careers in engineering, computer science, and electronics and training students to become skilled chemical operator technicians.
BlueRidge President Dr. Peter Checkovich and his team are working hard to make sure our students can compete for these good-paying jobs. P&G construction manager Luis Gutierrez is already working with crews on the ground as part of the company’s initial construction efforts. He and his family love calling West Virginia home.
Please join me in thanking Dr. Checkovich for his continued efforts and welcoming Luis and his family to West Virginia. (Applause)
WORKFORCE TRAINING
In 2012, we launched a new workforce training program called Learn and Earn.
This program helps students receive classroom instruction and hands-on experience, while earning a competitive salary, and gives employers a cost-effective way to recruit and train new employees.
We know this program is incredibly successful, and companies like Gestamp – which manufactures auto parts for some of the world’s best known brands – are taking advantage of these training opportunities.
Since Gestamp first opened in 2013, the South Charleston plant has tripled production and more than doubled its total workforce. Today, Gestamp employs more than 700 West Virginians. These are real jobs, and the company is already seeing a real return-on-investment.
Through a partnership with BridgeValley Community and Technical College, students can get hands-on training and earn a one-year certificate, an associate’s degree and a journeyman’s card.
With us tonight are Paul Lezanic, Gestamp’s new plant manager, and Jamie Thompson, a Learn & Earn graduate who is already training 12 new students. Please join me in welcoming Paul to West Virginia and congratulating Jamie on his success. (Applause, the members rising in ovation)
These partnerships are essential to helping those investing here train the workforce they need to grow. Tonight, I’m introducing legislation to expand the Learn and Earn program statewide by redirecting nearly $300,000 of the current budget to create new, valuable learning experiences for our students.
We know we must do more to improve our state’s workforce participation rate. I’m proud that today there are more job training programs in place than ever before.
With the help of more than $40 million in federal grant funding, Workforce West Virginia is helping coal miners, their families and those who have exhausted their unemployment benefits find careers in growing industries. These programs help employers train workers their way at their worksites and provide up to $5,000 in tuition assistance for classroom instruction and on-the-job training.
NDRC/HOBET
As we recognize these efforts to train our workforce, I ask you to remember those who call our state’s southern coalfields home.
As a son of these coalfields, I have dedicated my life and my years of public service to supporting our miners and their families. Despite the difficult times we find ourselves in, West Virginia remains the fourth largest producer of electricity in the country, and I believe our coal industry will continue to support our families well into the future.
However, we cannot ignore the unprecedented shift that has taken place in our state and our nation. Forces beyond our control have severely damaged our coal industry, and even the most optimistic among us realize it is unlikely coal will ever reach production levels of the past.
For generations, our miners unearthed the coal used to produce the low-cost energy that fueled this country’s Industrial Revolution – one that remains unmatched anywhere in the world. This nation owes these West Virginians a debt of gratitude and we are ready to cash in on that substantial IOU. (Applause, the members rising in ovation)
This fall, we submitted an application to the National Disaster Resilience Competition seeking more than $140 million in funding from the United States Department of Housing and Urban Development. This competition has the potential to help six counties in our southern coalfields adjust, adapt and advance their communities.
If we’re successful, these federal funds will help us rebuild aging infrastructure, promote land use planning and hazard reduction efforts and stimulate housing and economic development in areas outside of the region’s floodplains.
We are also proposing to develop the largest industrial site in West Virginia history at the former Hobet surface mine in Boone and Lincoln counties. (Applause, the members rising in ovation) With 12,000 acres located just off Corridor G, this site is large enough to fit virtually every major economic development project in recent history – including Toyota, Procter & Gamble, Gestamp, Macy’s, Amazon and more – with thousands of acres left over.
We know this is a major undertaking, and with the help of local landowners Marshall University, West Virginia University and the Virginia Conservation Legacy Fund, we are working together to find new uses for this site while mining activity continues.
Please join me in welcoming this outstanding team: interim Marshall University President Gary White, new Marshall University president Jerry Gilbert, WVU President E. Gordon Gee, and Tom Clarke and Ken McCoy of the Virginia Conservation Legacy Fund. (Applause, the members rising in ovation)
Tom and his team at VCLF also are helping us develop new and innovative ideas to include in the state’s Clean Power Plan submission. While the DEP continues to work on a feasibility study, we anticipate our final plan may include ideas such as reforestation and the replacement of boilers to increase power plant efficiency.
Tom, thank you for your assistance on both of these important projects.
This is just the beginning of what we can do to help diversify the economy of not only this region, but our entire state.
When pursuing large-scale projects, our talented team at the Development Office consistently runs into one major obstacle – a lack of flat land. Redeveloped surface mine lands offer endless opportunities for residential, commercial and industrial development and in many cases all three.
As part of our federal grant application, we have identified at least five sites in each of Boone, Lincoln, Logan, Mingo, McDowell and Wyoming counties, which are all strong candidates for similar redevelopment efforts. (Applause)
Much like the country owes West Virginia for our contributions over the years, we – as West Virginians – owe the people who call this region home the opportunity to do better for themselves and their families.
For years, taxes on the coal mined from our southern coalfields and the timber taken from our mountain sides have paid for our children’s schools, the roads our residents drive on and the services on which so many West Virginians rely.
It’s time we reinvest in these communities and give these families every opportunity to make a good living in the places they have called home for generations. Tonight, I hope you will join me in making that commitment for the betterment of our state and our people. (Applause)
NATURAL GAS DEVELOPMENTS
As hardworking West Virginians continue to mine the coal that powers our nation and drill for the natural gas that offers new opportunities for growth, we must guarantee these natural resources meet our needs here at home.
As the ninth largest producer of natural gas in the country, we must work with those operating here to create the processing and pipeline infrastructure necessary to ensure this industry’s continued growth. (Applause)
The ongoing development of the Marcellus and Utica shale – and the Rogersville formation just being explored – is already bringing new revenues and new jobs for West Virginians.
That’s one reason I sent a letter to the Federal Energy Regulatory Commission in support of the Columbia Gas Mountaineer Xpress pipeline project. This $2 billion investment will transport a significant amount of natural gas to new markets.
Much like similar pipeline projects by EQT, Dominion and Momentum Mid-Stream, this investment has the potential to create thousands of good paying construction jobs, while generating significant tax revenues for counties to fund local schools, roads and other worthy endeavors.
SELF-EMPLOYMENT ASSISTANCE ACT
While these announcements grab headlines, we can’t forget our state’s small business owners who work day in and day out to support that same growth in our local communities. Ninety-six percent of West Virginia’s employers are small business owners, and they are the backbone of our economy.
While we work to help tens of thousands of West Virginians on unemployment find new opportunities to succeed, we can’t overlook the training and skills they already have.
That’s why tonight I’m introducing the Self-Employment Assistance Act, a new program to strengthen our local economies, and make it easier for West Virginians receiving unemployment benefits to get the help they need to open a business.
Starting a new business can be hard. No matter how great the idea may be or how hard the owner works to make it a success.
With this exemption, new business owners will be able to reinvest in their company and their employees, while continuing to receive unemployment benefits to support their families.
For 14 years, Matt Dolin worked as a diesel mechanic at a local coal mine just outside of Charleston. When the mine closed, he lost his job. Matt knew he could earn a good income using the skills he already had, but he needed help starting his own business.
Earlier this year, Matt attended a West Virginia Small Business Development Center workshop in Putnam County. He sat down with business coach Bryan Shaw to develop a business plan and find a good location for his new venture.
A few months ago, Matt opened D&D Truck Shop, a full-service diesel truck and heavy equipment repair shop. Not long after he opened, Matt hired his first two employees – two mechanics who worked alongside him at the coal mine. With the help of the Governor’s Guaranteed Workforce Program, Matt is in the process of getting additional support to train new employees.
Although D&D Truck Shop has only been open for a few months, Matt is seeing tremendous growth, and he’s already looking to expand.
Matt, Casey and Ronnie, please stand so we may recognize you and congratulate you on the success of your new business. (Applause, the members rising in ovation)
SUBSTANCE ABUSE
Helping our residents develop the skills to find a new career is important, but keeping them off drugs is critical to our state’s continued growth. Substance abuse has become one of the greatest struggles our state has ever faced, and it is destroying the lives of far too many of our family members, friends and neighbors.
We must continue to make the fight against substance abuse a top priority.
In 2011, I established my Advisory Council on Substance Abuse to help us find more localized ways to combat this epidemic. Since then, we have updated our prescription drug monitoring program, cracked down on the sale of drugs used to make meth and put an end to doctor shopping. We have shut down pill mills for irresponsible prescription practices, and my administration is committed to continuing the fight against drug companies that oversupply pain medication without proper orders. (Applause, the members rising in ovation)
Last year, we invested significant state funding to expand critical substance abuse treatment and recovery services.
In your seats tonight, you received a brochure that details 150 service providers in every region of the state. This brochure is available online and at local courthouses, hospitals, schools, churches, DHHR offices and libraries in all 55 counties
.
This September, we launched 844-HELP-4-W-V, the state’s first 24-hour substance abuse help line. This call line gives people the opportunity to speak with certified professionals and receive referral support in their local communities. So far, the call line has connected more than 700 West Virginians with treatment and recovery services across the state.
In October, I welcomed President Obama and DHHS Secretary Sylvia Mathews Burwell for an honest discussion about the devastating toll this epidemic is causing West Virginia families and communities.
A few weeks later, I traveled to Martinsburg – what some consider ground zero of our state’s heroin epidemic – to host my own Substance Abuse Summit. We brought together a panel of West Virginians to share their experiences in the fight against substance abuse, recognize the progress we’ve made and identify ways we can work together to create a brighter, drug-free future for our residents.
We want people to find help and hope in West Virginia. And that starts with making sure treatment facilities are providing comprehensive care.
Tonight, I’m introducing legislation to establish licensing requirements for medication-assisted treatment facilities. Research shows us that the use of Suboxone and Methadone alone does not support long-term recovery. These medications don’t treat the root cause of an addiction, and only continue the addiction cycle.
This legislation requires counseling and behavioral therapies be used in conjunction with these medications to make sure those seeking treatment have the support they need to begin the recovery process. (Applause)
Last year, I urged this Legislature to expand access to Narcan to help our state’s first responders, friends and families of those struggling with addiction reverse the effects of a heroin overdose. Since May, we’ve coordinated training sessions in regions across the state to teach first responders and others how to administer this drug safely. Today, more than 100 people are certified to host these sessions in their local communities.
In 2015, first responders administered more than 3,000 doses of Narcan – giving those struggling with an opioid addiction the opportunity to get help.
When an overdose happens, every second counts. And in many cases, fire and EMS crews aren’t always first on the scene.
This November, Patrolman Nick Castleman and Patrolman Seth Johnson found themselves first on the scene of a drug overdose on Charleston’s West Side. The officers administered two life-saving doses of Narcan, and within minutes, the young man regained consciousness and was transported to the emergency room for treatment.
Patrolman Castleman and Patrolman Johnson are with us tonight. Gentlemen, please stand so we may thank you for the work you do to keep our communities safe. (Applause, the members rising in ovation)
This man’s life was saved because of quick action by these officers, and our efforts to expand access to this life-saving drug.
Tonight, I once again urge this Legislature to expand access to Narcan by supporting my proposal to make it available to any West Virginian – without a prescription. (Applause)
This new legislation requires pharmacists to become certified to train those who receive this drug to make sure they can safely administer it if a crisis occurs. It will also help us keep track of who is receiving Narcan to better focus state resources in areas hardest hit by opioid overdoses and be sure it isn’t being used as a crutch to enable a heroin addiction.
JUVENILE JUSTICE
We know our state’s substance abuse epidemic is heartbreaking for so many of our families and communities, but in many cases, our children suffer most.
That’s why last year, following recommendations from my Commission on Juvenile Justice and with the help of this Legislature, we launched comprehensive juvenile justice reform. This legislative package provided $600,000 in new funding to establish truancy diversion programs in each county to offer early intervention to those students who need it.
Since launching its own program in 2010, Putnam County has seen significant improvements in overall student attendance and achievement. Truancy referrals have dropped in half and four-year graduation rates have increased from 78 percent to 90 percent during that same period. (Applause)
We know this program works, and it’s making a difference for students like Winter Davis.
For most of her life, Winter didn’t have a stable place to call home. From the time she was born, her parents struggled with substance abuse. She spent much of her youth living with a family of no relation, helping to care for their young children and elderly family members.
Between 2011 and 2012, Winter missed 39 days of school. She got behind in her classwork and was struggling to keep up with her classmates. With the help of Putnam County’s truancy diversion program, attendance director Jennifer Hodges and Judge Phillip Stowers, Winter got the extra attention she needed and earned her high school diploma, graduating with a 3.7 GPA and zero unexcused absences. (Applause)
Today, Winter is a certified EMT and plans to become a teacher for children with special needs a dream that she’s had since the sixth grade.
Winter shared part of her story with me and said, “Life was not easy for me, but I am making the best choices I can. I’m the only one in my family that has gone to college and I’m going to finish college no matter what it takes.”
Ladies and gentlemen, please join me in welcoming Winter Davis, Jennifer Hodges and Judge Stowers. (Applause, the members rising in ovation)
These reforms have also expanded youth reporting centers to get kids help in their local communities, instead of sending them to group facilities away from their families. By connecting children and families with substance abuse recovery services, mental health programs and functional family therapies, we are giving the whole family the opportunity to thrive.
Thanks to the changes approved by this Legislature, and the work of our local partners across the state, we’ve reduced the number of kids being sent to out-of-home placements by more than one-third and reduced the number of detention beds by more than 40 percent. So far, we’ve saved $6 million and the Division of Juvenile Services is confident we can double that savings in the coming years.
By providing our kids with the help they need at home, we’re giving them the opportunity to take advantage of the bright future we are creating here in West Virginia.
EDUCATION
In 2010, we started down a path to improve our state’s public education system.
Instead of allowing paperwork to drive education, we refocused our efforts to provide our children with the skills they need to compete in today’s global economy. Since then, we’ve expanded early childhood education to help our youngest students build a foundation for a lifetime of learning. We’re engaging middle school and high school students with hands-on training programs.
We’re breaking down bureaucratic silos between state agencies, providing a more seamless transition for students transferring between community and technical colleges and four-year institutions.
These reforms – and the standards that come with them – are giving our kids the knowledge and skills they need to succeed, and that starts by making sure our students are in the classroom for 180 days of instructional time. (Applause)
Over the past year, the delivery of public education in West Virginia has been used as a political football by members of both parties. It’s disappointing. It’s unacceptable. And it’s a disservice to our kids. (Applause)
At a time when comprehensive reform has led to real improvements, and our students are more competitive with their peers in other states, we need to build on these successes – not introduce legislation that prioritizes summer vacations over a good education. We cannot allow politics or red tape to get in the way of providing our kids with a thorough and efficient education. (Applause)
While there are a number of reasons why traditional charter schools are not the best option for our students, we can find common ground by rewarding schools for innovation and creativity while raising student achievement.
That’s why I’m introducing legislation to restructure the current innovation zone system to establish a new program – called Innovation in Education.
This legislation reallocates nearly $2.5 million in existing education funding to help schools develop new methods to increase our students’ interest in science, technology, engineering, math and entrepreneurship. By giving schools the flexibility to focus on these subjects, we can teach our students how to think critically – a skill they need to be successful long after they’ve graduated high school.
BUDGET AND FINANCES
All of us in this chamber tonight and those watching and listening across the state know we are experiencing budget challenges unseen in more than a generation.
Nearly every agency and every branch of state government has shared in the burden of these reductions.
In spite of those challenges, we are paying not only our current bills, but keeping every financial commitment of the past, paying down our debts in workers’ compensation, teachers’ retirement and public employees’ retirement. And we’ve done that without a single tax increase, while reducing tax burdens on West Virginia families and those doing business here by hundreds of millions of dollars. (Applause)
Tonight, I am introducing legislation to pay off our old workers’ compensation debt more than a decade ahead of schedule.
By accelerating this final payment, we can remove additional severance taxes on our coal and natural gas industries, providing much-needed relief to help them invest in our state and employ West Virginia workers. While historically low energy prices are good news when we fill up at the pump and pay our utility bills, they make it hard on our state budget.
As we work to find new ways to ensure our tax base is both stable and more diverse, we must also seriously consider new revenue opportunities.
Tonight, I am introducing legislation to increase our state’s tobacco tax by 45 cents a pack to a total of one dollar. This increase will be considered too high by some people and too low by others. But it strikes a balance that protects retailers in our border counties and discourages our young people from smoking, while generating nearly $71.5 million annually in new revenue.
Combined with savings from a new prescription drug contract, $43 million of this new revenue will fund PEIA, meaning public employees will NOT SEE the dramatic benefit reductions initially proposed for the coming year. (Applause, the members rising in ovation)
I also am proposing legislation to eliminate a sales tax exemption and bring our state’s telecommunications tax in line with 41 other states across the country. Once adopted, this legislation will place the same 6 percent sales tax on cell phone and phone line usage – putting us in step with what is done in the vast majority of other states. By eliminating this exemption, we can collect an extra $60 million each year. (Applause)
With these proposed changes – and despite low severance tax projections – the 2017 budget I present to you tonight uses no money, no money from our Rainy Day Fund (Applause) and does not include any across-the-board budget cuts beyond those already in place. (Applause)
In spite of the tight budget years of the past, our new six-year budget forecast shows surpluses of nearly $7 million in 2019, $89 million in 2020 and $118 million in 2021. While I won’t be in office to see these surpluses, I’m proud to have been part of more than 30 years of responsible fiscal policies that have put us on the path to a brighter financial future. (Applause, the members rising in ovation)
CLOSING
As we look ahead at the challenges we must overcome this year, we are reminded that West Virginians have never had it easy. But we have proved time and again, for generations, what has been true all along – the people who call our state home are among the best and brightest in the world. (Applause)
Clara Grant Santucci grew up in what was once a one room school house with her five brothers and sisters. This Doddridge County native spent her childhood like so many of West Virginia’s children – playing outside, caring for the family garden and racing her brothers and sisters on her family’s gravel road. By high school, she was breaking records and winning state track titles.
Clara was determined to run cross country for Coach Sean Cleary at WVU, and her hard work paid off. As a Mountaineer, she became an All-American.
In 2011, she ran the Boston Marathon. Clara finished 16th overall and was the 3rd American finisher. And three years later, she made her mark on the national stage – winning the Pittsburgh Marathon with a time of 2 hours, 32 minutes and 25 seconds.
Last summer, Clara returned to the Pittsburgh Marathon. For most of the race, she sat in second place, but after catching sight of the leader, she found the mental toughness to not only win for the second year in a row but to finish 40 seconds ahead of her competition.
This February, Clara will travel to the U.S. Olympic Trials in Los Angeles for a chance to compete for Team U.S.A. in the 2016 Summer Olympics in Brazil. (Applause)
Katherine Johnson, who was born in White Sulphur Springs in 1918, would become what NASA Administrator Charles Bolden called “one of the greatest minds ever to grace our agency or our country.”
For 33 years, she worked for the National Advisory Committee for Aeronautics, what is now known as NASA. She used the most advanced practical mathematics of her day to chart and verify the path John Glenn would travel as he orbited the earth.
In 1958, Katherine’s research focused on calculating margins of error for spacecraft take-offs and landings. The 34-page document was the first paper ever published by NASA’s Flight Research Division with a woman’s name on it. (Applause)
Throughout her career, Katherine published 26 scientific papers. Her research was used to complete the Mercury and Apollo missions and was critical to sending man into space and bringing him home safely.
For decades, Katherine’s story was hidden in the pages of history. This November she was awarded the Presidential Medal of Freedom, our country’s highest civilian honor for her incredible contributions.
In an interview with the Charleston Gazette-Mail, Katherine’s daughter Joylette Hylick – a former NASA scientist herself – said it was her mother’s quiet confidence that drove her to succeed.
Joylette told the Gazette-Mail, “my granddaddy told my mom she was no better than anybody else, and she was no LESS than anybody else. And she believed it.”
Please join me as we celebrate the courage of these incredible West Virginians and wish Clara the best of luck in next month’s Olympic trials. Ladies please stand. (Applause, the members rising in ovation)
Whether a marathon runner, an unemployed miner, a NASA scientist, a single mother going back to school, a budding entrepreneur, the CEO of an international company or a recent graduate overcoming challenges to help her local community, West Virginians have always been willing to work twice as hard and be twice as tough to get the job done.
Over the next 60 days and throughout the coming year, we know there is work to do and difficult choices to make. Tonight, I challenge each of you to find the courage to make these decisions for the sake of the next generation – not the next election.
It’s time to get to work.
Thank you. God bless you, and God bless the great state of West Virginia. (Applause, the members rising) (Applause, the members and guests rising in ovation)
* * * * * * *
At the conclusion of the address, His Excellency, the Governor, accompanied by the committee of escort, retired from the Hall of the House of Delegates.
The Doorkeeper escorted the invited guests from the Chamber.
The members of the Senate retired to their Chamber, and the Speaker declared the Joint Assembly dissolved.
The Speaker then called the House of Delegates to order and laid the following communication from His Excellency, the Governor before the House:
State of West Virginia
OFFICE OF THE GOVERNOR
Charleston, WV 25305
January 13, 2016
Executive Message No. 1
The Honorable Tim Armstead, Speaker
West Virginia House of Delegates
Charleston, West Virginia 25305
Dear Mr. Speaker:
I herewith submit, pursuant to the Constitution of the State of West Virginia, a budget and budget bill for the fiscal year beginning July 1, 2016.
Sincerely,
Earl Ray Tomblin,
Governor.
Whereupon,
In compliance with Subdivision (4), Subsection B, Section 51, Article VI of the Constitution, the Speaker introduced the following bill, which was read by its title and referred to the Committee on Finance:
By Mr. Speaker, Mr. Armstead, and Delegate Miley
[By Request of the Executive]:
H. B. 4017 - “A Bill making appropriations of public money out of the Treasury in accordance with Section 51, Article VI of the Constitution.”
Accompanying the Budget Bill was a document showing estimates of revenue, expenditures, etc., as required by Section 51, Article VI of the Constitution which was also referred to the Committee on Finance.
Leaves of Absence
At the request of Delegate Cowles, and by unanimous consent, leave of absence for the day was granted Delegate Moore.
At 8:00 p.m., on motion of Delegate Cowles, the House of Delegates adjourned until 11:00 a.m., Thursday, January 14, 2016.
HOUSE OF DELEGATES
STEPHEN J. HARRISON, Clerk
Building 1, Room M-212
1900 Kanawha Blvd., East
Charleston, WV 25305-0470