__________*__________
Thursday, February 11, 2016
THIRTIETH DAY
[MR. SPEAKER, MR. ARMSTEAD, IN THE CHAIR]
The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Tim Armstead, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Wednesday, February 10, 2016, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Delegate McCuskey, Chair of the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 10th day of February, 2016, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
(Com. Sub. for S. B. 342), Decreasing appropriations from State Fund, General Revenue, to DHHR, Division of Human Services and Bureau of Senior Services,
(S. B. 357), Supplemental appropriation from Lottery Net Profits to Bureau of Senior Services, Lottery Senior Citizens Fund,
And,
(S. B. 360), Supplemental appropriation to Division of Human Services.
Delegate McCuskey, Chair of the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the 11th day of February, 2016, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:
(Com. Sub. for H. B. 4007), Relating generally to appointment of attorneys to assist the Attorney General.
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. 2122, Making it illegal for anyone to photograph a corpse except for certain legitimate purposes,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2122 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-12-16, relating to making it illegal for first responders to photograph, film, videotape, record, or otherwise reproduce in any manner the image of a corpse or person being provided medical care or assistance; defining terms; creating a criminal offense for first responders to photograph, film, videotape, record, or otherwise reproduce in any manner the image of a corpse or person being provided medical care or assistance; creating a criminal offense for first responders to knowingly disclose any photograph, film, videotape, record, or other reproduction of the image of a corpse or person being provided medical care or assistance; providing for exceptions to the criminal offenses; providing for criminal penalties; providing for enhanced penalties for subsequent offenses; and designated as ‘Jonathon’s Law’,”
With the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 2122) to the Committee on Finance was abrogated.
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:
S. B. 15, Adopting learned intermediary doctrine as defense to civil action due to inadequate warnings or instructions,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolutions, which were read by their titles and referred to the Committee on Rules:
S. C. R. 3 – “Requesting Division of Highways name the bridge at the intersection of County Route 18, known as North Fork Road, and County Route 18/2, known as Ellis Fork Road, in Boone County, West Virginia, (latitude, longitude: 38.00947, -81.95537) be named the ‘Julian, Earl and Edward Hill Brothers Memorial Bridge’.”
Whereas, Julian, Earl and Edward Hill were brothers, three of ten children born to Edward W. Hill and Annie L. Stollings Hill who farmed for a living in Boone County; and
Whereas, Julian Alba Hill was born on August 4, 1920, at North Fork of Big Creek, Boone County and worked at many different jobs until being drafted into the United States Army. Before joining the Army, Julian Hill married Audrey Chapman and they had two children. When he was sent to Fort Worth, Texas for basic training, Audrey rode the train from Charleston to Texas taking along their two small children so they could be together prior to his departure overseas during World War II. After basic training, Julian Hill was sent to Germany where he refueled airplanes and later was sent into combat with General Patton where he refueled tanks and other vehicles. He often spoke of the obstacles placed by Hitler to keep the United States Armed Forces from pushing their way through Germany towards Berlin. He returned from Germany on the USS Argentina in January 1946 and never talked of the fighting and what he had seen, but he suffered nightmares for many years after his return. After being discharged, Julian and Audrey Hill had a third child in 1949, and he became an over-the-road long haul truck driver, sometimes being gone for two full days at a time. Julian had a truck accident which forced an early retirement from truck driving. He was placed on disability by his company and Senator Robert C. Byrd was instrumental in seeing that he also received Social Security disability benefits. Julian and Audrey Hill divorced in 1959. Following a brief second marriage which also ended in divorce, he later married Betty Smith. Julian loved camping, gospel and country music. He and Betty spent many years camping in West Virginia, Virginia and South Carolina. Their marriage lasted for forty years until his death in December 2010, at the age of ninety, after a fall in a nursing home; and
Whereas, Earl Franklin Hill was born on April 22, 1923, at North Fork of Big Creek, Boone County and was inducted into the United States Army on January 12, 1943, and was honorably discharged on June 11, 1943, as Private First Class, Battery B, 225th AAA SL, Camp Davis, North Carolina under the Enlisted Mans importance to national security, health or interest and returned home early to care for his ill father and to farm for the nation's needs and because two brothers were then serving in the military. He married Naomi Ruth Stone on December 23, 1941, and they had six children, one of whom, Richard, died at birth. The other children are Catherine Sue Hill, Sherry Grant Hill, Paul Wayne Hill, Earl F. Hill, II and Barbara Gail Hill. Naomi Hill passed away on November 26, 2006, and Earl Franklin Hill passed away on July 31, 2008, at the VA Hospital in Huntington; and
Whereas, Cebert Edward Hill was born on Ellis Fork off the North Fork of Big Creek in Boone County on October 25, 1917. He joined the United States Army Air Corp on September 8, 1942. Following his basic training in Tampa, Florida, Edward Hill attained the rank of Private First Class in the 410th Army Air Force Base Unit and served as a Radio Operator, Area 4600 Underground Placement on Catalina Island, California and a Supply Clerk on St. Nicholas Island, California and received the Good Conduct Medal. He received his honorable discharge on April 26, 1945. In addition to being a farmer for most of his life, he was also a mail carrier for four years from Banco to Danville and worked for Grocers Wholesale Company, later named The Creasey Company, from 1954 until his retirement in 1981. He married Oma Lee Barker and they had six children, Gary A. Hill, Larry A. Hill, Judy K. Murphy, Jeanne C. Wagner, Eddy R. Hill and Lisa J. Black; and
Whereas, It is fitting that an enduring memorial be established to commemorate these native sons who served their state and their country so ably during World War II; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the bridge at the intersection of County Route 18, known as North Fork Road, and County Route 18/2, known as Ellis Fork Road, in Boone County, West Virginia, (latitude, longitude: 38.00947, -81.95537) the “Julian, Earl and Edward Hill Brothers Memorial Bridge”; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “Julian, Earl and Edward Hill Brothers Memorial Bridge”; 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 and the families of Julian Hill, Earl Hill and Edward Hill and Cebert Edward Hill.
S. C. R. 6 – “Requesting the Division of Highways to name bridge number 3-17-8.80, (3A087) (+38.05862, -81.82542) locally known as the Low Gap Bridge, crossing the Spruce Fork of the Little Coal River on Route 17 in Low Gap, Boone County, the ‘USMC PFC Marshall Lee King Memorial Bridge’.”
Whereas, PFC King was born on July 5, 1924, in Coalwood, McDowell County, and grew up in Low Gap, Boone County. He served in the U. S. Marine Corps and was killed in action on May 19, 1945, on the Ryukyu Islands of Okinawa. He was awarded the Purple Heart, the Asiatic-Pacific Campaign Medal and World War II Victory Medal; and
Whereas, It is fitting and proper that PFC King be remembered and acknowledged 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 3-17-8.80, (3A087) (+38.05862, -81.82542) locally known as the Low Gap Bridge, crossing the Spruce Fork of the Little Coal River on Route 17 in Low Gap, Boone County, the “USMC PFC Marshall Lee King 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 “USMC PFC Marshall Lee King Memorial Bridge”; 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 and to the surviving family of PFC Marshall Lee King.
S. C. R. 8 – “Requesting the Division of Highways to name bridge number 50-52-37.47 (50A049), (latitude 38.006184, longitude -82.506839), locally known as the Lost Creek Beam Span, carrying U.S. Route 52 over Lost Creek in Wayne County, the ‘U.S. Army PFC Ernest D. Marcum Bridge’.”
Whereas, Ernest D. “Doby” Marcum was born in Crum, WV, on September 12, 1947, the son of Oscar and Gladys Perry Marcum; and
Whereas, Ernest D. “Doby” Marcum entered service to his country with the United States Army during the Vietnam Conflict in 1967; and
Whereas, Ernest D. “Doby” Marcum served as an Armor Intelligence Specialist with the 9th Infantry Division, attaining the rank of Private First Class; and
Whereas, PFC Ernest D. “Doby” Marcum paid the ultimate price on December 31, 1967, when he was killed by shrapnel from a grenade and he was posthumously awarded the Purple Heart; and
Whereas, It is fitting that an enduring memorial be established to commemorate his service to 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 50-52-37.47 (50A049), (latitude 38.006184, longitude -82.506839), locally known as the Lost Creek Beam Span, carrying U.S. Route 52 over Lost Creek in Wayne County, the “U.S. Army PFC Ernest D. Marcum 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 “U.S. Army PFC Ernest D. Marcum Bridge”; 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 and to the Wayne County Veterans‛ Association.
S. C. R. 9 – “Requesting Division of Highways name stretch of highway on U.S. Route 52, in Kimball, West Virginia, from mile marker 27.24 to mile marker 29.20, the ‘U.S. Army First Sergeant Jesse T. McPeake Memorial Road’.”
Whereas, Jesse T. McPeake was born on November 13, 1944, in Kimball, West Virginia, as one of nine children; and
Whereas, Jesse enlisted in the United States Army in 1966. He later became this state’s most decorated Vietnam Veteran, earning the Silver Star, five Bronze Stars, the Purple Heart, the Soldiers Medal, the National Defense Ribbon, the Good Conduct Metal with three loops, the Army Conduct Medal, the Vietnam Service Medal with nine Silver Stars, the Vietnam Compensive Medal and the Expert Badge with Automatic Rifle; and
Whereas, In 1976, Jesse resigned from the United States Army and opened McPeake’s Furniture Store in Kimball. In 1977, Jesse and Manuel Horeluk moved to Beckley, West Virginia, and established employment together at F&W Furniture. In 1978, Jesse and Manuel moved to Welch, West Virginia, where Jesse established employment with US Steel, where he worked for twenty-eight years until 2006; and
Whereas, Jesse was a key player in the rebuilding of the WWI African American Memorial Building, being an early member of the board where he remained until 2015; and
Whereas, In 2007, Jesse, along with Manuel Horeluk and his mother Mildred, opened the Visitors Center in the Kimball Light and Water Building; and
Whereas, Jesse taught the youth of McDowell County to respect this country and its values while assisting homeless veterans; and
Whereas, Jesse passed away on July 12, 2015, and he will be greatly missed by the people who reside in McDowell County; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the stretch of highway on U.S. Route 52, in Kimball, West Virginia, from mile marker 27.24 to mile marker 29.20, the “U.S. Army First Sergeant, Jesse T. McPeake Memorial Road”; and, be it
Further Resolved; That the Division of Highways is hereby requested to have made and be placed signs identifying the stretch of highway as the “U.S. Army First Sergeant, Jesse T. McPeake 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 Highways and to Manuel Horeluck.
S. C. R. 11 – “Requesting Division of Highways name bridge number 4003, located in Boone County on Route 85, at mile marker 10.66 and crossing over to Bald Knob over the mouth of James Creek, the ‘U. S. Marine Corps Sergeant Gerald Leslie Perry Memorial Bridge’.”
Whereas, Gerald Leslie Perry was born March 23, 1942, to “Nan” Perry and Charles Leslie Perry, both deceased, and resided at Bald Knob, Boone County, West Virginia; and
Whereas, Gerald Leslie Perry was nicknamed “Orangey” growing up in Boone County, due to his bright, orange-colored hair; and
Whereas, Gerald Leslie Perry joined the United States Marine Corps as a machine gunner and attained the rank of Sergeant; and
Whereas, Sergeant Gerald Leslie Perry served this country during the Vietnam War; and
Whereas, Sergeant Gerald Leslie Perry started his tour of duty in Vietnam in April, 1966; and
Whereas, Sergeant Gerald Leslie Perry, after only approximately four months into his tour of duty in Vietnam, paid the ultimate sacrifice for his country when he was killed by enemy gunfire in Quang Tin Province, South Vietnam; and
Whereas, It is believed that Sergeant Perry was the first soldier from Boone County to pay the ultimate sacrifice in service of his country in Vietnam; and
Whereas, Sergeant Gerald Leslie Perry has three surviving siblings, David Perry, Terry Perry and Nancy Perry Adkins; and
Whereas, It is fitting and appropriate that the bridge located on Route 85, at mile marker 10.66 where it crosses over to Bald Knob over the mouth of James Creek, designated as bridge number 4003 by the West Virginia Division of Highways, be named the “U. S. Marine Corps Sergeant Gerald Leslie Perry Memorial Bridge” in honor of this fallen soldier who paid the ultimate sacrifice on behalf of his country; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 4003, located in Boone County on Route 85, at mile marker 10.66 where it crosses over to Bald Knob over the mouth of James Creek, the “U. S. Marine Corps Sergeant Gerald Leslie Perry Memorial Bridge”; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to make and have placed signs identifying the “U. S. Marine Corps Sergeant Gerald Leslie Perry Memorial Bridge”; and, be it
Further Resolved, That the Clerk of the Senate is requested to provide the surviving siblings of Sergeant Perry, named above, with certified copies of this resolution.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 12 – “Requesting the Division of Highways name State Route 152, beginning from the Cabell County line with Wayne County to where it intersects with U. S. Route 52 near Crum, West Virginia, the ‘Wayne County Veterans’ Memorial Highway’.”
Whereas, Since West Virginia attained statehood in 1863, many brave individuals from this state have served this country in the United States Armed Forces; and
Whereas, Wayne County, West Virginia has provided its fair share of thoughtful and courageous individuals, some of whom paid the ultimate sacrifice, in service of this country, beginning from the Civil War to the present; and
Whereas, It is fitting and appropriate to honor those who have served in the United States Military from Wayne County by naming the portion of State Route 152 that traverses Wayne County the “Wayne County Veterans’ Memorial Highway”; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways name State Route 152, beginning from the Cabell County line with Wayne County to where it intersects with U.S. Route 52 near Crum, West Virginia, the “Wayne County Veterans’ Memorial Highway”; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to make and have placed signs identifying the “Wayne County Veterans’ Memorial Highway; and, be it
Further Resolved, That the Clerk of the Senate is directed to forward a certified copy of this Resolution to the Wayne County Veterans’ Association.
S. C. R. 13 – “Requesting the Division of Highways name bridge number 20-77-101.40 (20A434), locally known as I-77 Garrison Avenue Overpass 2567, carrying Interstate 77 over Garrison Avenue in Kanawha County, the ‘Tom Williams Family Bridge’.”
Whereas, The family of Tom Williams was raised on Garrison Avenue in Charleston, West Virginia; and
Whereas, A daughter in the family, Lena Gay Williams McClandish, served in the U. S. Navy, stationed at a Maryland hospital; and
Whereas, One son, Thomas Buck Williams, also served in the U. S. Navy as a "frogman" during the Korean War; and
Whereas, A second son, Gene Williams, served in the U. S. Army and was stationed at Fort Hood, Washington; and
Whereas, A third son, U. S. Marine Gunnery Sergeant Dennis Williams, while serving as a Platoon Sergeant with Company D, First Battalion, First Marines, First Marine Division, in connection with operations against the enemy in the Republic of Vietnam, courageously exposed himself to enemy fire to carry a wounded comrade across fifty meters of fire-swept terrain to a place of relative safety were medical aid was available; and
Whereas, Gunnery Sergeant Dennis Williams was awarded two Purple Hearts and retired after twenty-one years of service; and
Whereas, As a result of his courage, bold initiative and unfaltering devotion to duty at great personal risk, Gunnery Sergeant Dennis Williams is authorized to wear the Combat V; and
Whereas, It is fitting and proper to honor the Williams family's contribution to the nation and its military services, made by the sister and three brothers herein named; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 20-77-101.40 (20A434), locally known as I-77 Garrison Avenue Overpass 2567, carrying Interstate 77 over Garrison Avenue in Kanawha County, the "Tom Williams Family Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to have made and be placed signs identifying the "Tom Williams Family Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is directed to forward a copy of this resolution to the Commissioner of the Division of Highways.
S. C. R. 14 – “Requesting the Division of Highways to name bridge number 06-25/11-0.01 (06A304) (38.35666, -82.12754), locally known as New Girl Scout Camp Bridge, carrying County 25/11 over Mud River in Cabell County, the ‘U.S. Marine Corps PFC Billy Joe Vickers Memorial Bridge’.”
Whereas, Billy Joe Vickers, the son of Herman C. Vickers and Opal Vickers of Milton, West Virginia, was born March 24, 1947, the third of four sons born to the couple; and
Whereas, Billy Joe Vickers graduated from Milton High School, married Linda Dillon, whom he had known since the seventh grade, and had a daughter, Pammy. Both Pammy Vickers Mahon and Linda Dillon Vickers live in Barboursville, West Virginia; and
Whereas, Billy Joe Vickers enlisted in the United States Marine Corps Reserve June 22, 1966, and was assigned later to active duty with Company A, 1st Battalion, 7th Marines, 1st Marine Division, southwest of DaNang, Viet Nam, arriving there February 10, 1968. While on a combat patrol April 8, 1968, along the bank of the Song Yen River, near the vicinity of La Chau hamlet in Hieu Duc District of Quang Nam Province, Private First Class Billy Joe Vickers and two fellow Marines were killed as a result of detonation of an antipersonnel mine; and
Whereas, Private First Class Billy Joe Vickers' two older brother, Herman O'Dell Vickers and Jimmy Lou Vickers, also served in the military. Herman in the U.S. Navy and Jimmy in the U.S. Marine Corps; and
Whereas, Both older brothers currently live in Culloden, Cabell County, West Virginia; and
Whereas, Private First Class Billy Joe Vickers' younger brother, Danny Vickers, lives with his family at the home place where the four brothers all grew up; and
Whereas, The family home place is located at the end of the bridge hereby to be named for Private First Class Billy Joe Vickers; and
Whereas, The body of Private First Class Billy Joe Vickers was buried in Brown Cemetery, Ball's Gap, Cabell County, West Virginia; and
Whereas, It is proper that Private First Class Billy Joe Vickers' service to and sacrifice for his country be remembered by this fitting memorial; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 06-25/11-0.01 (06A304) (38.35666, -82.12754), locally known as New Girl Scout Camp Bridge, carrying County Route 25/11 over Mud River in Cabell County, the “U.S. Marine Corps PFC Billy Joe Vickers Memorial Bridge”; and be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to have made and be placed signs identifying the “U.S. Marine Corps PFC Billy Jo Vickers Memorial Bridge”; and, be it
Further Resolved, That the Clerk of the Senate forward a certified copy of this resolution to the Commissioner of the Division of Highways.
S. C. R. 15 – “Requesting Division of Highways name bridge number 50-52-54.27 (50A115) (37.85563, -82.41411), locally known as Marrowbone Creek Bridge, carrying US 52 over Marrowbone Creek in Wayne County, as the ‘U.S. Army SFC Jesse Muncy Memorial Bridge’.”
Whereas, Sergeant First Class Muncy was born in Mingo County on September 15, 1921, the son of Jeff and Sally (Sallie) Muncy. Growing up in Kermit with his sisters Lucy (later Marcum), Dicie (Hodge) and Mary (Waller), and his brother Birdie, he attended local schools through the elementary grades; and
Whereas, Following his July 17, 1941, enlistment, Sergeant First Class Muncy married Loda Lowe, with whom he had three children, Clyde, Sally (“Dot”) and Peggy Carol; and
Whereas, Serving with the Company G, 13th Infantry Regiment, 8th Infantry, Sergeant First Class Muncy received a Silver Star for gallantry in action on April 9, 1945, when, in the vicinity of Olpe, Germany, his company encountered two German tanks during an attack and Sergeant First Class Muncy, along with four other men, knocked out the tanks; and
Whereas, On October 15, 1945, Sergeant First Class Muncy received the Silver Star. The citation reads, "By direction of the President, under the provisions of AR 600-45, 22 September 1943, as amended, the Silver Star is awarded to: Staff Sergeant Jesse Muncy, 35210666, Infantry, Company G, 13th Infantry Regiment, for gallantry in action on 9 April 1945 in the vicinity of Olpe, Germany. When his company encountered two German tanks during an attack, Sergeant Muncy, with four other men, proceeded into enemy lines in an attempt to knock out the tanks. Under direct enemy small arms, machine gun and tank fire, Sergeant Muncy, after directing his men to give him covering fire, maneuvered to within fifty yards of an enemy tank and, firing three rounds from his bazooka, knocked out the tank, captured seven enemy soldiers and wounded five others. Moving alone to another position, Sergeant Muncy placed fire upon a German convoy, capturing 23 enemy soldiers. Sergeant Muncy’s outstanding courage and devotion to duty were in keeping with the highest traditions of the military service. Entered the military service from West Virginia”; and
Whereas, Sergeant First Class Muncy also received the Good Conduct Medal, the American Defense Service Medal, and the European-African-Middle Eastern Theater Service Medal, as well as a Bronze Star for heroic and meritorious service; and
Whereas, After his honorable discharge on October 18, 1945, Sergeant First Class Muncy returned to southern West Virginia and the coal mines and settled into a seemingly normal life. But life in the mines had its ups and downs, and when fighting erupted in Korea, Sergeant First Class Muncy willingly reenlisted. As a decorated war soldier and experienced infantryman, he became a participant in what is now known as “Bloody Ridge” in North Korea during August and September 1951; and
Whereas, Sergeant First Class Muncy was involved in fierce fighting – undoubtedly as harrowing as anything he had seen in World War II – had been going on for months, as reported in the following account: “After securing Hill 773 on the last day of August, the 9th Infantry struck anew at the two remaining peaks on ‘Bloody Ridge’, Hills 983 and 900. The hilly terrain made any forward movement difficult, to say the least, and the intense fighting had scorched the earth. But the 9th Infantry persevered, dirty, unshaven, and miserable they backed down, tried again, circled, climbed, slid, suffered, ran, rolled, crouched and grabbed upward only to meet again the murderous fire, the blast of mortar and whine of bullets and jagged fragments. Minutes seemed like hours, hours like days, and days like one long, terrible, dusty, blood-swirled nightmare shivering at night, sweat clogged at day”; and
Whereas, It was in this hard-fought battle that Sergeant First Class Muncy lost his life on September 1, 1951. Sergeant First Class Muncy received a second Silver Star for his service in Korea, as well as the Purple Heart. His remains were interred in a family cemetery near Kermit on December 18, 1951. His funeral notice in the Williamson Daily News, December 17, 1951, described him as a “professional soldier”; and
Whereas, On August 10, 1951, less than a month before his death, Sergeant First Class Muncy wrote a letter to his wife and children reiterating his love for them but inserting his uneasy concern for what his unit was about to face: “I will drop you a few lines tonight to let you know I am well and I miss you and the babies a lot. Honey, I am moving up tonight and we are all pretty quiet. Nobody has got anything to say, but you can tell [what] they're thinking. Some of them are worried some, and I am for one, but they don't know it, and honey I am thinking of you and the babies and if I will get to see you anymore... Well, honey, if this should be the last letter, take good care of the babies and keep them together and tell them that I love them....So tell all the family hello and answer real soon, and tell Mom hello for me. So I will close with all my love... P.S. Take good care of my pup. Love, Dad”; and
Whereas, Sergeant First Class Muncy’s widow, Loda Muncy, never remarried, preferring to raise her “babies” in the home where they planned to spend the rest of their lives. In a 2013 interview, Sally (“Dot”) explained that she and Peggy Carol worked for many years at an Ohio packing plant. Peggy still lives in that state while Dot has returned in her retirement to the old home place on Jennie’s Creek in Wayne County. Clyde, not yet retired, still works at a machine shop In Kenova. The family is determined that the legacy of Sergeant First Class Muncy and Lode Muncy not be forgotten and they recall with pride that anyone who claims to have met Sergeant First Class Muncy during his years in the service has offered thanks for his selfless sacrifice; and
Whereas, It is fitting that an enduring memorial be established to commemorate U.S. Army Sergeant First Class Muncy, a native son who gave the ultimate sacrifice for his state and his country, by naming bridge number 50-52-54.27 (50A115) (37.85563, -82.41411), locally known as Marrowbone Creek Bridge, carrying US 52 over Marrowbone Creek in Wayne County, as the “U.S. Army SFC Jesse Muncy Memorial Bridge”; therefore, be it
Resolved by the Senate:
That the Division of Highways name bridge number 50-52-54.27 (50A115) (37.85563, -82.41411), locally known as Marrowbone Creek Bridge, carrying US 52 over Marrowbone Creek in Wayne County, as the “U.S. Army SFC Jesse Muncy 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 “U.S. Army SFC Jesse Muncy Memorial Bridge”; 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 and to the family members of U.S. Army Sergeant First Class Jesse Muncy.
And,
Com. Sub. for S. C. R. 17 – “Requesting Division of Highways name bridge that intersects Millers Fork on County Route 17 located 0.01 mile south of County Route 22 in Wayne County, bridge number 50-17-3.93 (50A026), latitude +38.26346, longitude -82.38322, originally known as the Millers Fork Bridge, the ‘U. S. Army Sergeant Charles Edward Smith Memorial Bridge’.”
Whereas, Charles Edward Smith was born on October 24, 1921; and
Whereas, Charles Edward Smith, who served in the United States Army during World War II, received the Purple Heart, Good Conduct Medal and Eastern Service Ribbon as the result of the courage he displayed in battle, serving in the Ardennes in Northern France and being wounded in combat on December 30, 1944, in Belgium; and
Whereas, Charles Edward Smith passed away on April 6, 2013; and
Whereas, It is fitting and proper to memorialize the courageous and honorable actions committed on behalf of this country by Charles Edward Smith; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways name the bridge that that intersects Millers Fork on County Route 17 located 0.01 mile south of County Route 22 in Wayne County, bridge number 50-17-3.93 (50A026), latitude +38.26346, longitude -82.38322, originally known as the Millers Fork Bridge, the “U. S. Army Sergeant Charles Edward Smith Memorial Bridge”.
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “U. S. Army Sergeant Charles Edward Smith Memorial Bridge”; 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 and to the Wayne County Veterans’ Association.
Resolutions Introduced
Delegate Pethtel offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:
H. C. R. 51 – “Requesting the Division of Highways to name bridge number 52-64-2.07 (52A135) (39-63045, -80.47918), locally known as Smith Bridge, carrying County Route 64 over Long Drain in Wetzel County, the ‘U.S. Army PFC Danny Mire Stoneking Memorial Bridge’.”
Whereas, Danny Mire Stoneking was born in Wetzel County, West Virginia, August 13, 1948; and
Whereas, Danny Mire Stoneking attended schools in Wetzel County, growing up in an area known as Glovers Gap, near the community of Earnshaw, West Virginia with a brother, Michael Lee Stoneking, and two sisters, Glenda Joyce Stoneking Hicks and Cleta Lynn Stoneking Blair; and
Whereas, Danny Mire Stoneking enjoyed hunting and fishing in the area near his home; and
Whereas, Danny Mire Stoneking became a soldier in the United States Army, and was deployed to Vietnam; and
Whereas, PFC Danny Mire Stoneking served in A Company, First Battalion, 20th Infantry, 11th Infantry Brigade in the Army’s Americal Division; and
Whereas, PFC Danny Mire Stoneking died the second day of March, 1968, at the age of nineteen, as a result of a wound received from an enemy mine, in action in Quang Ngai Province of Vietnam, while on a special mission for which he had volunteered; and
Whereas, For his brave service to his country, PFC Danny Mire Stoneking was awarded the Bronze Star, for meritorious service in connection with military operations against a hostile force; and
Whereas, PFC Danny Mire Stoneking was also awarded the Purple Heart, National Defense, Vietnam Service and Vietnam Campaign medals, as well as the Combat Infantry Badge; and
Whereas, PFC Danny Mire Stoneking is honored on the Vietnam Veterans Memorial in Washington, D.C. on Panel 42E, Row 42; and
Whereas, As a boy, PFC Danny Mire Stoneking played near his home on an old stone bridge which ran over a small creek, and skipped rocks and fished with his cousins and other family members and friends, from the upper base of the bridge; and
Whereas, PFC Danny Mire Stoneking is buried beside his father, John Lee Stoneking, in the Stoneking family cemetery, just a mile from the old stone bridge; and
Whereas, PFC Danny Mire Stoneking’s relatives and friends continue to live in the area and continue to speak of him today; and
Whereas, PFC Danny Mire Stoneking’s mother, Lillian Jessie Stoneking, celebrated her 86th birthday in January of 2016; and
Whereas, It is fitting that PFC Danny Mire Stoneking be honored by a memorial in the area where he lived as a child; and
Whereas, The old stone bridge on which PFC Danny Mire Stoneking played as he grew up, has been repaired in recent years and is still in use by his family and friends; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 52-64-2.07 (52A135) (39-63045, -80.47918), locally known as Smith Bridge, carrying County Route 64 over Long Drain in Wetzel County, the “U.S. Army PFC Danny Mire Stoneking Memorial Bridge”; and, be it
Further Resolved, That 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. Army PFC Danny Mire Stoneking 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 Marcum, P. White, Eldridge, Phillips, Hicks and Rodighiero offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:
H. C. R. 52 - “Requesting the Division of Highways to build the bridge on County Route 65/03 located near Tug Valley High School in Naugatuck, Mingo County.”
Whereas, The West Virginia Division of Highways has begun the process to build a potential bridge located on the new County 65/03 Route; and
Whereas, The bridge is vital to the further economic development of Mingo County; and
Whereas, The Mingo County Board of Education has taken steps to develop and improve the Tug Valley High School and its athletic facilities; and
Whereas, These upgrades are very important and in dire need to improve the education and quality of life for all Tug Valley students; and
Whereas, The improvements and further developments of Tug Valley High School cannot proceed without the new bridge; and
Whereas, The students, teachers and citizens of Mingo County deserve the improvements that will stem from the new bridge; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to build the bridge located near Tug Valley High School in Naugatuck, Mingo County, West Virginia; and, be it
Further Resolved, That time is of the essence; 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.
Delegates Rowe, B. White and Guthrie offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:
H. C. R. 53 – “Requesting the Division of Highways name the bridge located in Kanawha County at Standard, Bridge Number 20-83-8.49(20A266) at latitude 38.14129, longitude -81.40192 that traverses Paint Creek, originally known as the “Standard Bridge,” the “Private Arlie Kenneth Graley Memorial Bridge’.”
Whereas, Arlie Kenneth Graley was born in this state, where he was inducted into the U.S. Army on September 19, 1941; and
Whereas, Private Arlie Kenneth Graley served as a parachutist during WWII and was wounded in fierce battle in Algiers on November 8, 1942; and
Whereas, As the result of Private Arlie Kenneth Graley’s heroic conduct on the field of battle in Algiers during WWII and the wounds he received at that time, he was honorably discharged on August 13, 1943; and
Whereas, As the result of his heroic conduct exhibited on the field of battle on behalf of this country, Private Graley was awarded the Purple Heart Medal and the Good Conduct Medal; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the bridge located in Kanawha County at Standard, Bridge Number 20-83-8.49 (20A266) at latitude 38.14129, longitude -81.40192 that transverses Paint Creek, originally known as the “Standard Bridge”, the “Private Arlie Kenneth Graley 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 proclaiming the bridge the “Private Arlie Kenneth Graley 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 Tommy Lee Graley.
Delegates R. Smith, Shaffer, J. Nelson and Wagner offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:
H. C. R. 54 – “Requesting the Division of Highways to name Bridge Number 39-73/73-8.46 (39A143) (39.65892, -79.63833), locally known as Bruceton Mills Bridge, carrying County Route 73/73 over Big Sandy Creek in Bruceton Mills, Preston County, the ‘Byron “Bray” Kelley Memorial Bridge’.”
Whereas, Byron "Bray" Kelley was born in the Centenary area of Preston County to Albon and Sadie Kelley on April 26, 1926. "Bray" was the 6th of 7 children. His elder siblings included eldest brother, Junior, twin sisters, Mary and Martha, brother, Harry, and sister, Jean. Bray was closest in age and had a strong bond to his younger brother Willard. Bray loved the outdoors and enjoyed hunting more than fishing. His father was a farmer and was also employed at the Woolen Mills near Bruceton Mills. Bray attended school at the Union Grove School, which was a one room school in the Bruceton Mills area. Bray was a worker and a doer. He left school at age 16 to begin working. He was first employed on a clearing crew for the Youghiogheny Dam. When that job was over he went to work for the Monongahela Power Company, clearing land for power line right-of- ways; and
Whereas, Bray was drafted into the Army at age 18 and placed in the 17th infantry during WWII. He had just turned 19 years old when he was killed in action on May 7, 1945, in the Battle of Okinawa, Japan, the last and bloodiest battle in the Pacific Theater. This was also the day Germany surrendered, ending the war in Europe. Although he is sadly missed by his family, he is a Preston County Hero who gave the ultimate sacrifice to his country. He now proudly rests in the West Virginia National Cemetery at Grafton, West Virginia; and
Whereas, The short life and sacrifice of Byron ‘Bray’ Kelley should not go unnoticed and the naming of a bridge in his name is fitting and proper; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name Bridge Number 39-73/73-8.46 (39A143) (39.65892, -79.63833), locally known as Bruceton Mills Bridge, carrying County Route 73/73 over Big Sandy Creek in Bruceton Mills, Preston County, the “Byron ‘Bray’ Kelley Memorial Bridge”; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the "Byron ‘Bray’ Kelley 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 any surviving relatives of Byron “Bray” Kelley.
Delegates Eldridge, Phillips, P. White, Marcum, Moffatt, Morgan, Rodighiero and Miller offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:
H. C. R. 55 – “Requesting the Division of Highways to name the portion of West Virginia Route 36 in Lincoln County, from the intersection of Sheridan Road, continuing 1.4 miles southeast, to the Greystone Branch sign, the ‘U.S. Army PFC Ray Freeman Meade Memorial Road’.”
Whereas, Private First Class Ray Freeman Meade of Branchland, West Virginia, was born on November 15, 1929, to Ruth A. Hatfield and Raymond D. Meade; and
Whereas, Private First Class Ray Freeman Meade was killed in action in Korea on November 14, 1950; and
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 West Virginia Route 36 in Lincoln County, from the intersection of Sheridan Road, continuing 1.4 miles southeast, to the Greystone Branch sign, the “U.S. Army PFC Ray Freeman Meade Memorial Road”; 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 roadway containing bold and prominent letters proclaiming the designated roadway the “U.S. Army PFC Ray Freeman Meade 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 Transportation, the Commissioner of Highways, and the family of the late Private First Class Ray Freeman Meade.
Delegates Statler, Stansbury, B. White, Kessinger, Rohrbach, Sobonya, Waxman, Hamrick, Summers, Ihle and Atkinson offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:
H. C. R. 56 – “Requesting the Division of Highways to name Bridge Number 31-77-1.15 (31A212) (39.53532, -79.97705), locally known as Booths Creek Bridge, carrying CR 77 over Booths Creek in Monongalia county, the “U.S. Army CPL Robert Eugene Jackson Memorial Bridge”.
Whereas, Robert Eugene Jackson, a native of Monongalia County, West Virginia, was born June 25, 1921, the youngest of ten children of Herbert E. and Sarah Anna Jenkins Jackson; and
Whereas, Robert Eugene Jackson married June Elizabeth King, and they had a daughter, Barbara June Jackson, born February 25, 1943; and
Whereas, As a youth, Robert Eugene Jackson grew up on a farm along Booths Creek, near the Booth’s Creek Bridge; and
Whereas, Robert Eugene Jackson, the youngest of four brothers and six sisters, was the only one of the Jackson children to serve in the military during World War II. His Army service number was 35396503, and by November of 1943, he had joined Battery D of the 453rd Antiaircraft Artillery Automatic Weapons Battalion; and
Whereas, On February 11, 1944, CPL Eugene Jackson left New York City, New York, aboard the ship Dominion Monarch and arrived in England February 23,1944; and
Whereas, Robert Eugene Jackson, along with his unit, landed on Utah Beach, on the coast of Normandy, France, June 18, 1944, to provide antiaircraft protection for artillery in the Normandy campaign; and
Whereas, Robert Eugene Jackson was killed in the Battle of Periers on July 16, 1944; and
Whereas, It is the desire of the State of West Virginia that CPL Robert Eugene Jackson’s sacrifice in service to his country be honored with an appropriate memorial; therefore, be it
Resolved by the Legislature of West Virginia:
That Bridge Number 31-77-1.15 (31A212) (39.53532, -79.97705), locally known as Booths Creek Bridge, carrying CR 77 over Booths Creek in Monongalia county, be named the “U.S. Army CPL Robert Eugene Jackson 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. Army CPL Robert Eugene Jackson 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.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
By Delegates Lane, Shott, Householder, E. Nelson, Howell, Cowles, Sobonya, O'Neal and Canterbury:
H. J. R. 42 - “Proposing an amendment to the Constitution of the State of West Virginia amending section fifty-one, article VI thereof, relating to authorizing legislative review of the judiciary budget; and providing a summarized statement of the purpose of such proposed amendment”; to the Committee on Finance then the Judiciary.
Delegates Ellington, Summers, Upson, Householder, Ihle, Espinosa, Hill, Stansbury, Campbell, Perdue, Atkinson, Bates, Blair, Butler, Duke, Eldridge, Foster, Ireland, Manchin, Perry, Phillips, Skinner, R. Smith, Sobonya and Statler offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. R. 9 – “Recognizing March, 2016, as self-care month in West Virginia.”
Whereas, Self-care is a lifelong daily habit of healthy lifestyle choices, good hygiene practices, prevention of infection and illness, avoiding unhealthy choices, monitoring for signs and symptoms of changes in health, knowing when to consult a healthcare practitioner and knowing when it is appropriate to self-treat conditions; and
Whereas, The United States Food and Drug Administration deems OTC medicines safe and effective for the self-care treatment of minor acute and chronic health conditions and symptoms such as pain, the common cold, allergies and other conditions that impact large segments of the population; and
Whereas, Over-the-counter medicines are either developed as new nonprescription medicines or switched from existing prescription medicines; and
Whereas, Over-the-counter nonprescription medicines are self-care products that consumers purchase in pharmacies, supermarkets, retail stores and online; and
Whereas, Every dollar spent on over-the-counter medicines saves the United States healthcare system $6-7 dollars and the availability of over-the-counter medicines provides $102 billion in value annually; and
Whereas, Nonprescription medicines help to ease the burden on healthcare practioners, eliminating unnecessary medical examinations that could be avoided with appropriate self-care; and
Whereas, West Virginia benefits when its citizens practice appropriate seif-care; do not unnecessarily visit healthcare practitioners and are empowered by higher self-esteem, improved health, and reduced use of health care services; and
Whereas, West Virginia encourages its citizens to take advantage of self-care's potential to improve personal and public health, save personal and public treasury and strengthen the sustainability of the West Virginia health care system; and
Whereas, Achieving self-care's potential is a shared opportunity for consumers, healthcare practitioners, policymakers and regulators; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates: (1) Recognizes the importance of improving awareness of self-care and the value it represents to the citizens of West Virginia; (2) Supports increased consumer empowerment through the development of new nonprescription medicines and the appropriate switch of certain prescription medicines to nonprescription; (3) Acknowledges that over-the-counter medicines can greatly improve and reduce costs to the public health system; (4) Encourages consumers, healthcare practitioners, policymakers and regulators to communicate the benefits of self-care; and (5) Recognizes February 2016 as Self-Care Month in West Virginia.
Petitions
Delegates Fast and Azinger presented petitions from thousands of citizens in support of the West Virginia Religious Freedom Restoration Act; which was referred to the Committee on the Judiciary.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Folk, Walters, Kurcaba and Marcum:
H. B. 4487 - “A Bill to amend and reenact §5-10-2 and §5-10-14 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-7A-17a of said code, all relating to state retirement systems; defining compensation and employee for the Public Employees Retirement System; requiring payment of reinstatement interest in the Public Employees Retirement System in certain circumstances; and providing that failure of employee to pay the Teachers Retirement System according to a contract to purchase military service credit is to be treated as an overpayment or excess contribution pursuant to the article”; to the Committee on Pensions and Retirement then Finance.
By Delegates Trecost, Waxman and Hamrick:
H. B. 4488 - “A Bill to amend and reenact §10-1-20 of the Code of West Virginia, 1931, as amended, relating to limiting audits of public libraries to a biennial schedule”; to the Committee on Political Subdivisions then Government Organization.
By Delegates Fleischauer, Shott, Storch, Guthrie, Border, Moore, Hamilton, Sobonya, Miller and Manchin:
H. B. 4489 - “A Bill to repeal §61-2-17 of the Code of West Virginia, 1931, as amended; to amend and reenact §15-9A-2 of said code; to amend said code by adding thereto a new article, designated §61-14-1, §61-14-2, §61-14-3, §61-14-4, §61-14-5, §61-14-6, §61-14-7, §61-14-8 and §61-14-9; and to amend and reenact §62-1D-8 of said code, all relating generally to human trafficking; designating the Division of Justice and Community Services to be the state administrative agency responsible for criminal justice and juvenile justice systems for the planning and development of state programs and grants relating to human trafficking; eliminating existing criminal offense and penalties for human trafficking; creating felony offenses and penalties for trafficking an individual; defining terms; creating felony offenses and penalties for using an individual in forced labor; creating felony offenses and penalties for using an individual in debt bondage; creating felony offenses and penalties for compelling an adult through coercion to engage in commercial sexual activity; creating a felony offense for maintaining or making available a minor for the purpose of engaging in commercial sexual activity; clarifying that consent of minor and misbelief as to age are not defenses to prosecution for sexual servitude offense; creating a felony offense of patronizing an individual to engage in commercial sexual activity; clarifying that each victim shall be considered a separate offense; limiting ability for parole in circumstances where the court makes a finding of aggravated circumstances; defining aggravated circumstances; providing for restitution to victims and the enforcement of a judgment order for restitution; directing unclaimed restitution to be paid to the Crime Victims Compensation Fund; providing for disgorgement of profits and debarment from state and local government contracts; making victims eligible for compensation under the Crime Victims Compensation Fund; providing for criminal immunity for offense of prostitution if individual was a minor at time of offense and was a victim at time of offense; providing for expungement of prostitution conviction for victims of trafficking; and authorizing law enforcement to use wiretaps to conduct investigations”; to the Committee on the Judiciary.
By Delegates R. Smith, Cadle, Foster, Statler, Householder, Faircloth, Howell, Butler and Atkinson:
H. B. 4490 - “A Bill to amend and reenact §21-5-3 of the Code of West Virginia, 1931, as amended, relating to requirements by which an employee can authorize deductions from his or her wages”; to the Committee on Industry and Labor then the Judiciary.
By Delegates Hill, Faircloth, Weld, Zatezalo, Cadle and Ihle:
H. B. 4491 - “A Bill to repeal §17C-14-1 of the Code of West Virginia, 1931, as amended, relating to unattended motor vehicles; penalty”; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Cadle, Waxman, Ihle, Foster, Phillips, Stansbury, Ellington, Atkinson, R. Smith, Eldridge and Ireland:
H. B. 4492 - “A Bill to amend and reenact §18-2-9 of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-7-8 and §61-7-11a of said code, all relating generally to establishing a mandatory course of instruction in firearm safety for high school students generally; requiring the State Board of Education to provide firearm safety instruction in public schools serving high school students; requiring all high school students to complete the class one time; creating an exception and an alternate qualification; permitting children under the age of eighteen to possess and carry a deadly weapon while participating in a firearm safety class; correcting a reference to court jurisdiction and proceedings involving violations by juveniles; and authorizing instructors, assistants and students to possess a deadly weapon on school grounds while participating in a school-administered firearm safety class”; to the Committee on Education then Finance.
By Delegates Fluharty, Pushkin, Bates, Ferro, Miley, Fleischauer, Manchin, Skinner, Storch and Reynolds:
H. B. 4493 - “A Bill to amend and reenact §3-2-11 of the Code of West Virginia, 1931, as amended, relating to voter registration in conjunction with issuance, renewal or change of address of driver license and state identification card”; to the Committee on the Judiciary.
By Delegate Miley
[By Request of the Executive]:
H. B. 4494 - “A Bill to amend and reenact §11-17-3 and §11-17-4 the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §11-17-4b, all relating to increasing the tax rate on cigarettes and tobacco products; requiring a physical inventory of tax stamps and tobacco products and e-cigarette liquids upon the effective date of tax imposition or tax rate increase; applying tax rate changes to inventories; requiring a report of such inventory be filed sixty days after the effective date of the tax imposition or tax rate change; levying the excise tax on e-cigarette liquid; defining terms; providing for administration of the tax on e-cigarette liquid; specifying penalty for failure to file required reports; specifying criminal sanctions; and specifying effective date”; to the Committee on Health and Human Resources then Finance.
By Delegates Walters, McCuskey and Westfall:
H. B. 4495 - “A Bill to amend and reenact §46A-6K-3 of the Code of West Virginia, 1931, as amended, relating to accrual of interest during the rescission period, on a loan where a right of rescission applies”; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Eldridge:
H. B. 4496 - “A Bill to amend and reenact §21-11-6 of the Code of West Virginia, 1931, as amended, relating to permitting contractors to perform work on a construction project without having a contractor’s license when the total cost of that project is less than $5,000”; to the Committee on Industry and Labor then the Judiciary.
By Delegates Cadle, Hamrick, Cooper, Ambler, Moye, Foster, D. Evans, Atkinson, Canterbury, Stansbury and Arvon:
H. B. 4497 - “A Bill to amend and reenact §11-15-30 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17-3-1 of said code, all relating to dedicating consumer sales tax collected on sales of automobile parts to the State Road Fund”; to the Committee on Roads and Transportation then Finance.
By Delegates Howell, Westfall, B. White, Hamrick and Moffatt:
H. B. 4498 - “A Bill to amend and reenact §17-24A-4 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17A-4-10 of said code, all relating to certificates of title for certain total loss and abandoned or junked motor vehicles; allowing automobile auctions to obtain title to abandoned vehicles; creating a process by which an automobile auction may obtain a salvage certificate or a nonrepairable motor vehicle certificate for vehicles abandoned on its property; establishing a process by which automobile auctions may obtain title to and sell certain abandoned vehicles; and allowing an insurance company to obtain a salvage certificate or a cosmetic total loss salvage certificate after paying a total loss claim on a vehicle”; to the Committee on Roads and Transportation then the Judiciary.
By Delegates O'Neal, Shott, Lane, Hanshaw, Overington, Sobonya, Azinger and Fast:
H. B. 4499 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §52-1-27; and to amend said code by adding thereto a new section, designated §52-2-17, all relating to certain persons who have been disqualified or excused from jury service”; to the Committee on the Judiciary.
By Delegates Ireland, Anderson, R. Smith, Border, Miller, Ambler, Cooper, Zatezalo, Lynch and Eldridge:
H. B. 4500 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §22-6C-1, §22-6C-2, §22-6C-3, §22-6C-4, §22-6C-5, §22-6C-6, §22-6C-7, §22-6C-8, §22-6C-9 and §22-6C-10, all relating to oil and gas royalty owner protections; creating the Oil and Gas Royalty Payment and Transparency Act of 2016; providing methods of ensuring transparency in determining the amount paid to a royalty interest owner by requiring certain information to be attached to the payment instrument provided to the interest owner by the producer; defining terms; providing for an escalation in certain circumstances; establishing a general rule for the accumulation of proceeds from production and the payment of funds therefrom; requiring the timely payment of royalties and establishing a penalty for failure to timely pay an interest owner; requiring oil and gas producers to report to the Department of Environmental Protection on a quarterly basis all production data associated with a given well; requiring the Department of Environmental Protection to collect all quarterly production data and organize such data on the Department of Environmental Protection website; resolving conflicts between division orders and leases; and providing for rule-making”; to the Committee on Energy then Finance.
By Delegates Phillips, Rodighiero, Hicks, J. Nelson, Eldridge, R. Smith, Azinger, Reynolds, Blackwell, Moye and Perry:
H. B. 4501 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-3-1c, relating to freezing assessments in counties with recent sharp decline in employment due to businesses closing down or sharply reducing their workforces; providing for decreased value presumption; requiring revaluation of all residential property while the freeze is in effect”; to the Committee on Political Subdivisions then Finance.
By Delegates Lane, Miller and Sobonya:
H. B. 4502 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-3-2b, relating to authorizing the Attorney General to engage in reciprocal agreements with states contiguous to this state and with the District of Columbia, intended to establish regulations, licensing requirements and taxes for small businesses headquartered in contiguous states or the District of Columbia, who conduct business in this state and defining the term ‘small business’ for the purpose of the new section”; to the Committee on Small Business, Entrepreneurship and Economic Development then the Judiciary.
By Delegate Lane:
H. B. 4503 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8D-10, relating to substance abuse while pregnant; providing criminal penalty; allowing drug court course of substance abuse education and treatment as alternative to punishment and conviction; and authorizing expungement”; to the Select Committee on Prevention and Treatment of Substance Abuse then the Judiciary.
By Delegates Perdue, Hornbuckle, Hamilton, Hicks, Rohrbach, Morgan, Guthrie, Fleischauer and Skinner:
H. B. 4504 - “A Bill to amend and reenact §11-19-2 of the Code of West Virginia, 1931, as amended, relating to increasing the excise tax on bottled soft drinks, syrups and dry mixtures; and dedicate the proceeds to the benefit of the state university system”; to the Committee on Finance.
By Delegate Skinner:
H. B. 4505 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-22-15a; and to amend and reenact §29B-1-4 of said code, all relating to allowing Powerball winners to remain anonymous; and providing for an exemption under the Freedom of Information Act for Powerball winner information”; to the Committee on the Judiciary.
By Delegate Trecost:
H. B. 4506 - “A Bill to amend and reenact §17C-15-23 of the Code of West Virginia, 1931, as amended, relating to permitting reflective lighting on motorcycles”; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Upson, J. Nelson, Cooper, Blair, Trecost, Householder and Espinosa:
H. B. 4507 - “A Bill to amend and reenact §5-11-9 of the Code of West Virginia, 1931, as amended, and to amend said code by adding thereto a new section, designated §5-11-9a, all relating to providing an employer may grant preference in hiring to a veteran or disabled veteran without violating any provisions of the state Human Rights Act; and defining the term ‘veteran’ for purposes of the allowable preference in hiring”; to the Committee on Veterans' Affairs and Homeland Security then the Judiciary.
By Delegates McGeehan, Hamrick, Blair, Ihle and Folk:
H. B. 4508 - “A Bill to amend and reenact §7-1-14 of the Code of West Virginia, 1931, as amended; and to amend and reenact §8-12-5 of said code, all relating to prohibiting counties and municipalities from adopting ordinances or regulations that base restrictions on the breed of a dog”; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Rowe, Skinner, Rohrbach, Perdue, Cadle, Ellington, Fleischauer, Morgan, Bates and Guthrie:
H. B. 4509 - “A Bill to amend and reenact §16-9A-1, §16-9A-2, §16-9A-3, §16-9A-7 and §16-9A-8 of the Code of West Virginia, 1931, as amended, all relating to raising the legal age for purchase of tobacco, tobacco products, tobacco-derived products, alternative nicotine products and vapor products to twenty-one”; to the Committee on Health and Human Resources then Finance.
By Delegates Howell, Hill, Arvon, Stansbury, Cadle, Ihle, Hamrick, Faircloth, R. Smith, Atkinson and Blair:
H. B. 4510 - “A Bill to amend and reenact §5A-10-5 of the Code of West Virginia, 1931, as amended, relating to requiring a structural engineering inspection of any building prior to purchase by the state and requiring inspection results to be considered in a cost-benefit analysis”; to the Committee on Government Organization then Finance.
By Delegates Howell, Hill, Arvon, Stansbury, Cadle, Ihle, Hamrick, Faircloth, R. Smith, Atkinson and Blair:
H. B. 4511 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-1-3a, relating to placing a moratorium on the Department of Administration’s purchase of real property in excess of $1 million until it has submitted a report to the Legislature signifying that it has strengthened its financial resources”; to the Committee on Government Organization then Finance.
By Delegates J. Nelson, Phillips, Perdue, D. Evans, Cooper, Longstreth, Pushkin, McGeehan, Upson, Arvon and Lynch:
H. B. 4512 - “A Bill to amend and reenact §17B-2A-2 of the Code of West Virginia, 1931, as amended, relating to registration for selective service”; to the Committee on Veterans' Affairs and Homeland Security then the Judiciary.
By Delegates Howell, Hill, Arvon, Stansbury, Cadle, Ihle, Hamrick, Faircloth, R. Smith, Atkinson and Blair:
H. B. 4513 - “A Bill to amend and reenact §5A-10-3 of the Code of West Virginia, 1931, as amended, relating to requiring a cost-benefit analysis to be performed before the state purchases certain real estate”; to the Committee on Government Organization then Finance.
By Delegates Eldridge, Skinner, Campbell, Hartman, Perry, Summers, Rohrbach, B. White, Storch, Blackwell and P. Smith:
H. B. 4514 - “A Bill to amend and reenact §18-5-22 of the Code of West Virginia, 1931, as amended, relating to reducing the number of pupils per school nurses employed by county boards of education”; to the Committee on Education then Finance.
By Delegates Campbell, Eldridge, Rowan, Romine, Boggs, Guthrie, Rohrbach, Lynch, Perry, Caputo and Skinner:
H. B. 4515 - “A Bill to amend and reenact §19-14-4 and §19-14-5 of the Code of West Virginia, 1931, as amended, all relating to increasing the pet food registration fee and directing that additional money to the West Virginia Spay Neuter Assistance Fund”; to the Committee on Agriculture and Natural Resources then Finance.
By Delegates Howell, Hill, Arvon, Stansbury, Cadle, Ihle, Hamrick, Faircloth, R. Smith, Atkinson and Blair:
H. B. 4516 - “A Bill to amend and reenact §5A-4-2 of the Code of West Virginia, 1931, as amended, relating to defining what constitutes capitol dome and capitol improvements; clarifying the intent of the Legislature as it relates to the use of the ‘Capitol Dome and Capitol Improvements Fund’; and providing that this fund may not be expended for operating expenses of the Department of Administration, the purchase or construction of buildings that stand alone, to repair properties that are leased by the state or for debt service payments”; to the Committee on the Judiciary then Finance.
By Delegates Manchin, Shott, Shaffer, Byrd, Skinner, Caputo, Longstreth, Lane, McCuskey and Hanshaw:
H. B. 4517 - “A Bill to amend and reenact §39B-1-114 of the Code of West Virginia, 1931, as amended; and to amend and reenact §39B-2-101 of said code, all relating to limiting the ability of an agent under a power of attorney to take self-benefiting actions”; to the Committee on the Judiciary.
By Delegates Statler, Gearheart, R. Smith, Kurcaba, Faircloth, Wagner, Foster, Cadle, Atkinson and Ireland:
H. B. 4518 - “A Bill to amend and reenact §6B-2-5c of the Code of West Virginia, 1931, as amended, relating to use of public funds to display a public official’s name or likeness and prohibiting such display on public road signs”; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Hamilton, Campbell, Lynch, P. Smith, Pethtel, Marcum, A. Evans, Statler and Wagner:
H. B. 4519 - “A Bill to amend and reenact §8-22A-2, §8-22A-6 and §8-22A-32 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §8-22A-33, all relating to allowing certain municipalities to elect to participate in the West Virginia Municipal Police Officers and Firefighters Retirement System”; to the Committee on Pensions and Retirement then Finance.
By Delegates Hanshaw and Shott:
H. B. 4520 - “A Bill to amend and reenact §16-5G-2 and §16-5G-4 of the Code of West Virginia, 1931, as amended, all relating to hospitals owned or operated by nonprofit corporations, nonprofit associations or local governmental units; clarifying that these hospitals may have only one governing body whose meetings shall be open to the public; enumerating matters which may be acted upon in executive session; and clarifying and expanding authorization for holding of executive sessions”; to the Committee on the Judiciary.
House Calendar
Third Reading
Com. Sub. for H. B. 4012, West Virginia Religious Freedom Restoration Act; on third reading, coming up in regular order, was read a third time.
Delegate Shaffer was addressing the House when Delegate Kurcaba arose to a point of order, regarding the content of the Gentleman’s remarks, to which point the Speaker asked the Gentleman from the 52nd to confine his remarks to the merits of the bill.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 58), and there were, including 4 paired--yeas 72, nays 26, absent and not voting 2, with the nays, paired and absent and not voting being as follows:
Nays: Caputo, Ferro, Fleischauer, Fluharty, Guthrie, Hartman, Hornbuckle, Longstreth, Manchin, McCuskey, Miley, Moore, Morgan, Perdue, Pethtel, Pushkin, Skinner, Sponaugle, Stansbury, Storch, Summers, Trecost, Weld and B. White.
Pursuant to House Rule 43, the following pairing was filed and announced by the Clerk:
Paired:
Yea: Marcum Nay: Byrd
Yea: Blackwell Nay: Rowe
Absent and Not Voting: Flanigan and Westfall.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4012) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4148, Updating the meaning of federal taxable income and certain other terms used in the West Virginia Corporation Net Income Tax Act; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 59), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent and Not Voting: Blackwell, Byrd, Flanigan, Morgan and Westfall.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4148) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:
H. B. 4148 - “A Bill to amend and reenact §11-24-3 and §11-24-13 of the Code of West Virginia, 1931, as amended, all relating to the West Virginia Corporation Net Income Tax Act; updating the meaning of federal taxable income and certain other terms used in the West Virginia Corporation Net Income Tax Act; changing the due date for filing a West Virginia Corporation Net Income Tax return; and specifying effective dates.”
Delegate Cowles moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 60), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent and Not Voting: Blackwell, Byrd, Flanigan, Morgan and Westfall.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4148) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 4158, Making a supplementary appropriation to the Department of Commerce, WorkForce West Virginia – Workforce Investment Act; on third reading, coming up in regular order, was read a third time.
On the passage of the bill, the yeas and nays were taken (Roll No. 61), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent and Not Voting: Blackwell, Byrd, Flanigan, Morgan and Westfall.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4158) passed.
Delegate Cowles moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 62), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent and Not Voting: Blackwell, Byrd, Flanigan, Morgan and Westfall.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4158) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4161, Relating to levies on classifications of property by the Board of Public Works; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 63), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent and Not Voting: Blackwell, Byrd, Flanigan, Morgan and Westfall.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4161) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4362, Establishing a felony offense of strangulation; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 64), and there were--yeas 93, nays 2, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Cooper and D. Evans.
Absent and Not Voting: Blackwell, Byrd, Flanigan, Morgan and Westfall.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4362) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading
H. B. 4147, Making the West Virginia Schools for the Deaf and Blind eligible to participate in any and all funding administered or distributed by the West Virginia School Building Authority; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
S. B. 123, Treatment for sexually transmitted diseases,
S. B. 261, Bringing state code relating to daylight saving time in conformity with federal code,
Com. Sub. for H. B. 2615, West Virginia Small Business Capital Act,
Com. Sub. for H. B. 4146, Providing insurance cover abuse-deterrent opioid analgesic drugs,
Com. Sub. for H. B. 4188, Relating to the development and implementation of a program to facilitate commercial sponsorship of rest areas,
Com. Sub. for H. B. 4218, Expanding the definition of “underground facility” in the One-Call System Act,
Com. Sub. for H. B. 4228, Relating to transportation network companies,
And,
H. B. 4309, Increasing criminal penalties for conviction of certain offenses of financial exploitation of an elderly person.
Leaves of Absence
At the request of Delegate Cowles, and by unanimous consent, leaves of absence for the day were granted Delegates Blackwell, Byrd, Flanigan and Westfall.
At 2:07 p.m., the House of Delegates adjourned until 11:00 a.m., Friday, February 12, 2016.