West Virginia Legislature
Journal of the House of Delegates
Eighty-Fifth Legislature
Second Regular Session
Charleston, Wednesday, January
12, 2022
[MR. SPEAKER, MR. HANSHAW, 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, at 12:00 noon and were called to order for the Second Regular Session of the Eighty-Fifth Legislature by the Speaker, the Honorable Roger Hanshaw.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
Delegate Summers arose to suggest the absence of a quorum, the Clerk opened the machine for the roll to be taken (Roll No. 20), and 98 Delegates having answered to their names, the Speaker declared the presence of a quorum. The absent being as follows:
Absent: Graves and Phillips.
On motion of Delegate Summers, 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 85th 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 Queen, Storch and Boggs.
On motion of Delegate Summers, 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 Pack, Tully and Lovejoy.
Messages from the Senate
A message from the Senate, by
Senator Nelson, accompanied by Senators Phillips and Beach, announced that the Senate had assembled for the Second Regular Session of the 85th Legislature, and was ready to proceed to the business of the session.
Resolutions
Delegate Hanshaw (Mr. Speaker) offered the following resolution, which was reported by the Clerk:
H. R. 1 - “Authorizing the appointment of employees for this, the Second Regular Session of the Eighty-fifth Legislature, Two Thousand Twenty-two.”
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:
Nine Legislative Assistants at $90.00 - $115.00
Three Committee Clerks at $90.00 - $125.00
Four Committee Assistant Clerks at $85.00 - $95.00
One Analysts at $250.00
Five Attorneys at $200.00 - $410.00
Two Legal Analyst at $200.00 - $250.00
One Doorkeeper at $155.00
Five Assistant Doorkeepers at $90.00
One Assistant Doorkeeper at $100.00
One Sergeant-at-Arms at $155.00
Two Assistant Sergeant-at Arms at $90
One House Clerk Assistant at $95.00
One Head Page at $125.00
One Assistant Head Page at $100.00
(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 ninety-four thousand five hundred thirty dollars per year;
One Senior Assistant Clerk/Parliamentarian at sixty-eight thousand five hundred sixty dollars per year;
One Assistant Clerk/Bills at fifty thousand dollars per year;
One Assistant Clerk/Journal fifty thousand dollars per year;
One Operations Clerk at forty-eight thousand five hundred forty dollars per year;
One Administrative Clerk at forty-eight thousand five hundred forty dollars per year;
One Communications Director to the House at seventy-three thousand five hundred dollars per year;
One Chief of Staff at seventy-five thousand dollars per year;
One Counsel to the Speaker at one hundred twenty-one thousand five hundred twenty-nine dollars per year;
One Assistant to the Speaker at seventy-eight thousand dollars per year;
One Director of Supplies at forty-seven thousand thirty dollars per year;
One Maintenance Staff at forty-one thousand four hundred forty-three dollars per year;
One Maintenance Staff at twenty-nine thousand six hundred thirty-eight dollars per year;
One Maintenance Staff at twenty-eight thousand five hundred sixty-five dollars per year;
One Chief Counsel to the Committee on the Judiciary at ninety-four thousand dollars per year;
One Counsel to the Committee on the Judiciary at ninety-three thousand three hundred seventy dollars per year;
One Legislative Analyst to the Committee on the Judiciary at fifty-five thousand three hundred seventy dollars per year;
One Administrative Assistant to the Committee on the Judiciary at forty-seven thousand five hundred dollars per year;
One Chief Counsel to the Committee on Education at eighty-six thousand five hundred thirty dollars per year;
One Legislative Assistant to the Committee on Education at forty-eight thousand dollars per year;
One Analyst to the Committee on Education at forty-eight thousand five hundred thirty dollars per year;
One Chief Counsel to the Committee on Finance at one hundred nine thousand four hundred thirty dollars per year;
Two Budget Analysts to the Committee on Finance at forty thousand dollars per year;
One Research Analyst to the Committee on Finance at fifty-four thousand three hundred seventy dollars per year;
One Chief Counsel to the Committee on Government Organization at eighty-five thousand dollars per year;
One Administrative Assistant to the Committee on Government Organization at forty-five thousand dollars per year;
One Legislative Analyst to the Committee on Government Organization at forty thousand dollars per year;
One Chief Counsel to the Committee on Health and Human Resources at eighty-eight thousand eight hundred seventy dollars per year;
One Administrative Assistant to the Committee on Health and Human Resources at forty-five thousand dollars per year;
One analyst to the Committee on Health and Human Resources at forty-three thousand dollars per year;
One Analyst to the Subject Matter Committees at forty-five thousand and thirty dollars per year;
One Chief Counsel to the Subject Matter Committees at ninety-one thousand dollars per year;
One Counsel to the Subject Matter Committees at eighty thousand dollars per year;
One Chief Counsel to the Energy and Manufacturing Committee at eighty-five thousand three hundred seventy dollars per year;
One Clerk to the Energy and Manufacturing Committee at forty-eight thousand dollars per year;
And,
One Analyst to the Minority Leader at fifty-one thousand five hundred forty-two dollars per year;
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 superseded 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 request of Delegate Summers, 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.
Delegate Hanshaw (Mr. Speaker) offered the following resolution, which was reported by the Clerk:
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 2022 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 first and second regular sessions of the 85th 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 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 request of Delegate Summers, 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.
Delegate Hanshaw (Mr. Speaker) offered the following resolution, which was reported by the Clerk:
H. R. 3 – “Creating a Select Committee on Jails and Prisons.”
Whereas, The task of safely incarcerating the State’s over 10,000 inmates and providing a safe working environment for the men and women employed in the State’s correctional facilities is a matter of utmost importance to the public safety and often requires legislative action; and
Whereas, The costs involved in properly securing the increasing population of the State’s jails and prisons, including maintenance of facilities, medical care for inmates, and per diem charges to the various counties, are matters which may be resolved, balancing the best interest of public safety and increased efficiencies, through oversight of the Legislature and a Select Committee; and
Whereas, The public safety and interest is enhanced through appropriate legislative action considering the issue of programming in the State’s correctional facilities which would examine reasonable methods to ensure the successful transition and reentry of incarcerated persons from confinement into a post-carceral setting such that those persons may become productive members of society; and
Whereas, The State continues to seek methods which would address issues of filling critical vacancies in the State’s correctional facilities, which would ensure uninterrupted service to law enforcement and the Courts of this State, and this issue can, and has, been addressed through appropriate legislative action; therefore, be it
Resolved by the House of Delegates:
That for the remainder of the 85th Legislature, there is hereby created a Select Committee on Jails and Prisons, 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 corrections 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 request of Delegate Summers, 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.
Delegate Hanshaw (Mr. Speaker) offered the following resolution, which was reported by the Clerk:
H. R. 4 - “Amending House Rule 138, relating to news correspondents and reporters.”
Resolved by the House of Delegates:
That House Rule 138 be amended to read as follows:
“News Correspondents and Reporters
(a) Any person accorded the privilege of the press gallery or press table must be a professional journalist employed at a recognized media outlet, or of a recognized press association, who is not engaged in any department of state government, or in any other business, including lobbying or advocacy for or against any matter pending before the Legislature Seating or access to the designated press tables, galleries or seating areas shall be on a first come first served basis or on any such rotation agreed upon among members of the press.
(b) All applications for admission to the press gallery or press table must be made to the Speaker or any such representative he or she may appoint. Such applications shall state the name and location of the media organization and be signed by the applicant Temporary one-day passes for admittance may be granted by the Speaker or his or her designee as needed. The Speaker or the representative he or she appoints shall reserve the right to refuse the issuance of or to revoke media credentials at his or her discretion, in accordance with the published guidelines for media.
(c) The Speaker or his or her designee(s) shall verify statements made in such application, and if the application is approved, they shall issue a correspondent’s card.
(d) The correspondents shall not visit the members in their seats during the session of the House, and shall abide by such rules and regulations as may be adopted by the House or any of its committees. Failure or refusal to abide by such rules may result in revocation of press credentials.
(e) The card issued by the Speaker must be presented when required by any Sergeant-at-Arms, Doorkeeper or other employee of the House. It shall not be transferable. The transfer or loan of such card to anyone shall be followed by its cancellation and the withdrawal of all its privileges from the correspondent so offending.
(f) The gallery, press tables or seating areas allotted to journalists shall be designated by the Speaker or chair of the committee using the Chamber or committee rooms. These areas will be reserved for the exclusive use of the press, and persons not holding correspondents’ cards shall not be entitled to admission thereto. (HR1, Reg. Sess., 2021; HR4, Reg. Sess., 2022)
Effect of the 2021 amendment. Made numerous updates to the rule.
Effect of the 2022 amendment. Added the last sentence in paragraph (b).
At the request of Delegate Summers, and by unanimous consent, reference of the resolution (H. R. 4) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Delegate Holstein offered the following resolution, which was read by its title and referred to the Committee on Technology and Infrastructure then Rules:
H. C. R. 1 - “Requesting the Division of Highways name bridge number 03-001/00-008.66 (03A004), locally known as Falling Rock Br 8.66, carrying CR 1 over Falling Rock Creek in Boone County, the ‘Alex Perdue Memorial Bridge’.”
Whereas, Alex Perdue was born June 2, 2005, in Ashford, West Virginia, to Dema and Ben Perdue; and
Whereas, Alex Perdue attended Ashford Rumble Elementary School, in Ashford, West Virginia, and Sherman Jr. High School in Seth, West Virginia; and
Whereas, Alex was known for his love of hunting and sports; Alex was always happy to help anyone with anything and did so with a smile and a happy heart; and
Whereas, Alex Perdue was fatally wounded in an ATV accident at the young age of 14, leaving behind family, friends, and a community who adored him; and
Whereas, Alex Perdue, died on Saturday, January 11, 2020, and his outgoing personality and kindness has been greatly missed by the community; and
Whereas, It is fitting that an enduring memorial be established to commemorate the life of Alex Perdue and his contributions to our state and country; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 03-001/00-008.66 () (03A004), locally known as Falling Rock Br 8.66, carrying CR 1 over Falling Rock Creek in Boone County, the “Alex Perdue 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 “Alex Perdue Memorial Bridge”; and, be it
Further Resolved, That the Clerk of the House forward a copy of this resolution to the Commissioner of the Division of Highways.
Delegates B. Ward, Howell, Horst, Zatezalo, Tully, Maynor, Hanna, Bridges, Hamrick, Holstein and Jennings offered the following resolution, which was read by its title and referred to the Committee on Technology and Infrastructure then Rules:
H. C. R. 2 - “Requesting the Division of Highways name bridge number 36-001/00-000.95 (36A041), (38.78702, -79.26673), locally known as the Kline Road Bridge, carrying CR 11 over the South Branch of the Potomac River, in Pendleton County, the ‘U. S. Air Force Major Joseph Edward Sites, Jr. Memorial Bridge’.”
Whereas, Joseph Edward Sites. Jr. was born on August 9, 1924, in Upper Tract, Pendleton County, West Virginia, and was the son of Joseph Edward Sites, Sr. and Olivia Stearn Sites; and
Whereas, Joseph Edward Sites. Jr. grew up in Upper Tract, and graduated from Franklin High School in 1941; upon graduation, he and his brother, James Sites, attended Potomac State College before enlisting in the U.S. Army Air Corps where he received flight training as a fighter pilot just as World War II was ending; and
Whereas, After World War II, U. S. Air Force Major Joseph Edward Sites, Jr. briefly returned home and married Naomi Berg and later returned to service in the U.S. Air Force; and
Whereas, U. S. Air Force Major Joseph Edward Sites, Jr., during his illustrious military career, flew several military aircraft, one of the most notable being the Corvair F-106A Delta Dart, a supersonic, lethal all weather delta wing interceptor aircraft of the United States Air Force, from the 1960’s through 1988, a fast and sophisticated aircraft used during the Cold War years; and
Whereas, U. S. Air Force Major Joseph Edward Sites, Jr. retired as a highly decorated fighter pilot, becoming one of the very few fighter pilots to have served during World War II, the Korean War and the Vietnam War; and
Whereas, U. S. Air Force Major Joseph Edward Sites, Jr. flew over 300 missions in Vietnam alone and received the Distinguished Flying Cross with one Oak Leaf Cluster, two Bronze Stars and ten Air Metals; and
Whereas, The Citation accompanying the Distinguished Flying Cross with one Oak Cluster awarded U. S. Air Force Major Joseph Edward Sites, Jr., states: “Major Joseph E. Sites, Jr. distinguished himself by extraordinary achievement while participating in aerial flight as an F-100 Pilot near Saigon, Republic of Vietnam on 27 December 1967. On that date, Major Sites flew his aircraft under conditions of adverse weather in the face of intense hostile ground fire in support of elements of the United Stated Army in heavy combat. With determination and great skill, Major Sites flew his aircraft on repeated attacks on the hostile position, drawing hostile fire. With complete disregard for his own personal safety, Major Sites neutralized hostile forces thereby relieving the pressure of friendly units. The professional competence, aerial skill, and devotion to duty displayed by Major Sites reflect great credit upon himself and the United States Air Force”; and;
Whereas, U. S. Air Force Major Joseph Edward Sites, Jr., upon retiring from the U.S. Air Force, became the owner and operator of Sites Oil Company in Petersburg and served his community as a member of the Petersburg Presbyterian Church, the VFW Post #6454, the American Legion Post #78 in Petersburg and the Potomac Highlands Wounded Warrior Outreach program; and
Whereas, U. S. Air Force Major Joseph Edward Sites, Jr. passed away on October 27, 2013; he was preceded in death by his wife of almost 60 years, Naomi Sites, on March 24, 2010, and is survived by his only daughter, Diana K. Sites, of Petersburg; and
Whereas, It is fitting that an enduring memorial be established to commemorate U. S. Air Force Major Joseph Edward Sites, Jr. and his contributions to our state and country; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 36-001/00-000.95 () (36A041), (38.78702, -79.26673), locally known as the Kline Road Bridge, carrying CR 11 over the South Branch of the Potomac River, in Pendleton County, the “U. S. Air Force Major Joseph Edward Sites, Jr. 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. Air Force Major Joseph Edward Sites, Jr. Memorial Bridge”; and, be it
Further Resolved, That the Clerk of the House forward a copy of this resolution to the Commissioner of the Division of Highways.
Delegate Criss offered the following resolution, which was read by its title and referred to the Committee on Technology and Infrastructure then Rules:
H. C. R. 3 - “Requesting the Division of Highways name bridge number 54-047/00-009.61 (54A098), originally known as Kites Run Bridge (CSWB), carrying WV 96 over Walker Creek in Wood County, the ‘U.S. Army SSG. William Codar States Memorial Bridge.’”
Whereas, William Codar States was born in Parkersburg, West Virginia, on January 27, 1948, to Denzil and Marie (Freed) States and the family lived in the nearby community of Leachtown along the Little Kanawha River. William, known to all as “Bill,” attended Wood County schools; and
Whereas, Bill States graduated from Parkersburg High School in 1966, and worked for a while as a lineman for the telephone company; and
Whereas, Bill States was drafted into the United States Army for service in the Vietnam War and he underwent advanced training in the Non-Commissioned Officers School at Fort Benning, Georgia, in 1968, earning the rank of Sergeant (E-5); and
Whereas, Sargent Bill States began his tour of duty in Vietnam on July 16, 1968 in Light Weapons Infantry, attached to the 82nd Airborne Division, 1st Battalion, 505th Infantry, B Company. During his service, he was repeatedly decorated for his skills and conduct; and
Whereas, During hostile action on April 20, 1969, in Hua Nghia Province in South Vietnam, Sargent Bill States was killed by a fragmentation explosive device; and
Whereas, William (Bill) Codar States was posthumously promoted to the rank of Staff Sergeant (E-6) and, among his many honors, he received the Bronze Star, the Purple Heart, Army Commendation Medal, and the Vietnam Gallantry Cross; and
Whereas, It is fitting that an enduring memorial be established to commemorate Staff Sergeant William Codar States and his service to our state and country; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 54-047/00-009.61 () (54A098), originally known as Kites Run Bridge (CSWB), carrying WV 96 over Walker Creek in Wood County, the “U.S. Army SSG. William Codar States 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. SSG William Codar States Memorial Bridge”; and, be it
Further Resolved, That the Clerk of the House forward a copy of this resolution to the Commissioner of the Division of Highways.
Delegates Mazzocchi and Bridges offered the following resolution, which was read by its title and referred to the Committee on Technology and Infrastructure then Rules:
H. C. R. 4 - “Requesting the Division of Highways name bridge number 23-10/7-0.01(23A048), locally known as the Gillman Bottom Bridge carrying CR 10/7 over Huff Creek in Logan County, West Virginia, the ‘John B. Short Memorial Bridge’.”
Whereas, John B. Short was born in 1923, the son of LeRoy and Linda Jackson Short of Davin, West Virginia. He was a graduate of Man High School in 1942 and enlisted in the U. S. Army Air Corps in 1943, where he served until 1946.
Whereas, After completing electrician training in Michigan, John B. Short returned to West Virginia and married Ruby K. Nunley. They had seven children; and
Whereas, John B. Short worked as Chief Electrician with Pittston Coal Company until he retired in 1986; and
Whereas, John B. Short was an avid outdoorsman, hunter, and fisherman; and
Whereas, John B. Short passed away in 2008; and
Whereas, It is fitting that an enduring memorial be established to commemorate this individual who meant so much to his family and community; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 23-10/7-0.01(23A048), locally known as the Gillman Bottom Bridge carrying CR 10/7 over Huff Creek in Logan County, West Virginia, the “John B. Short 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 “John B. Short Memorial Bridge”; and, be it
Further Resolved, That the Clerk of the House forward a copy of this resolution to the Commissioner of the Division of Highways.
Delegates Nestor, Jennings, Hott, Pritt, Kimes, Smith, Reynolds, Conley, D. Jeffries, J. Kelly and McGeehan offered the following resolution, which was read by its title and referred to the Committee on Technology and Infrastructure then Rules:
H. C. R. 5 - “Requesting the Division of Highways name a bridge bearing the Bridge Number: 42-219/00-030.96 (42A136), (38.80906, -79.88206) locally known as Burnt Bridge, carrying US 219 over Tygart Valley River in Randolph County, West Virginia, as the ‘James ‘Big Jim’ Shaffer Memorial Bridge.’”
Whereas, James Shaffer, known in his community as “Big Jim,” was born on October 5, 1943, in East Dailey, West Virginia, where he was raised by his grandparents, Sterl and Vida Gear; and
Whereas, In 1958, James Shaffer joined the Tygart Valley Fire Company at the age of 15 as a young man; and
Whereas, In 1968, James Shaffer assumed the position of chief of the Tygart Valley Fire Company; and
Whereas, During James Shaffer’s time as chief, the Tygart Valley Fire Company built two new stations and purchased updated trucks and equipment to expand their services to the community; and
Whereas, James Shaffer participated in a variety of community activities during his time as a member and chief of the Tygart Valley Fire Company, including aiding the former Valley Water Company with line repairs, searching for line breaks, providing traffic control, assisting the former Coastal Lumber Company with silo fires and brush fires, and putting on safety demonstrations for the children at the former Homestead Elementary School; and
Whereas, James Shaffer, while serving as a member and chief of the Tygart Valley Fire Company, responded to a wide array of calls, including structure fires, motor vehicle accidents, downed trees, CPR, searching for missing individuals, and mutual aid calls; and
Whereas, James Shaffer, both as a member and chief of the Tygart Valley Fire Company, organized many fundraisers to raise money for the department, including “Porch Light Drives,” in which community members would turn on their porch lights to alert the fire company to collect their donations as the members walked through the Dailey, East Dailey, and Valley Bend communities; and
Whereas, In 2003 and 2004, James Shaffer wrote two Federal Emergency Management Agency grants that provided over $165,000 for the Tygart Valley Fire Company, which helped pay for over 30 sets of gold personal protective equipment, including bunker coats, bunker pants, boots, gloves, and Nomex hoods; and
Whereas, James Shaffer retired from the Tygart Valley Fire Company in 2006 after 48 years of volunteer service to his community and beyond; and
Whereas, Sadly, James Shaffer passed away on December 18, 2012, and is survived by his wife and his daughter; and
Whereas, James Shaffer exemplified what it means to be a true community leader and a role model for all those in the community and across West Virginia; and
Whereas, For these reasons it is fitting and proper that this bridge be named in honor of James “Big Jim” Shaffer; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways name a bridge bearing the Bridge Number: 42-219/00-030.96 () (42A136), (38.80906, -79.88206) locally known as Burnt Bridge, carrying US 219 over Tygart Valley River in Randolph County, West Virginia, as the “James ‘Big Jim’ Shaffer Memorial Bridge” and, be it
Further Resolved, That the commissioner of the Division of Highways is requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge as the “James ‘Big Jim’ Shaffer Memorial Bridge”; and, be it
Further Resolved, That the clerk of the House of Delegates forward a copy of this resolution to the commissioner of the Division of Highways.
Delegate Cooper offered the following resolution, which was read by its title and referred to the Committee on Technology and Infrastructure then Rules:
H. C. R. 6 - “Requesting the Division of Highways name a portion of U.S. Route 219, in Monroe County, beginning at its intersection with WV Route 122 and ending at its intersection with County Route 219/16, the ‘Elmer Galford Memorial Road’.”
Whereas, Elmer Lee Galford was born November 26, 1947, at Gap Mills in Monroe County, West Virginia, to Price and Thelma Hudnall Galford; and
Whereas, He attended Monroe County Schools and graduated from Gap Mills High School; and
Whereas, Elmer Galford graduated from the West Virginia State Police Academy and started a long career in law enforcement, including service as a city police officer, Deputy Sheriff, and two terms as Sheriff of Monroe County; and
Whereas, Elmer Galford eventually retired from law enforcement and with his wife, Katie, established Galford’s Country Store at Pickaway, which they ran for many years; and
Whereas, Elmer Galford was well known for his participation in, and contributions to, community activities and during his lifetime he was an active member of the Lindside Volunteer Fire Department, the Rock Camp/Wikel Ruritan Club, and the Monroe County Republican Club, in various times serving as the president of each of these organizations; and
Whereas, Elmer Galford served for many years as the organizer of the Fourth of July and Veteran’s Day Parades in Lindside, West Virginia; and
Whereas, Elmer Galford passed away on November 16, 2020; and
Whereas, It is fitting that an enduring memorial be established to commemorate former Sheriff and community leader Elmer Galford and his contributions to his state and community; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name a portion of U.S. Route 219, in Monroe County, beginning at its intersection with WV Route 122 and ending at its intersection with County Route 219/16, the “Elmer Galford Memorial Road”; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs at both ends identifying the portion of road as the “Elmer Galford Memorial Road”; and, be it
Further Resolved, That the Clerk of the House forward a copy of this resolution to the Commissioner of the Division of Highways.
Delegate Holstein offered the following resolution, which was read by its title and referred to the Committee on Technology and Infrastructure then Rules:
H. C. R. 7 - “Requesting the Division of Highways name bridge number: 03-005/00-017.66 (03A042), (38.63616, -81.62303) locally known as Seth Bridge, carrying CR 5 over Big Coal River in Boone County, the ‘Daniel Edward Kolhton “Red” Haney Memorial Bridge’.”
Whereas, Daniel Edward Kolhton “Red” Haney was born on March 17, 1998, in Orgas, West Virginia, to Nicki Haney and Bruce Haney; and
Whereas, Daniel Edward Kolhton “Red” Haney, known throughout his life as “Red”, attended and graduated from Sherman High School in Seth, West Virginia; and
Whereas, Daniel Edward Kolhton “Red” Haney was fatally wounded in an automobile accident at the age of 21, leaving behind a fiancé and many loved ones; and
Whereas, Daniel Edward Kolhton “Red” Haney was adored by many friends, family, and community members that he impacted during his short life; and
Whereas, Daniel Edward Kolhton “Red” Haney passed away on August 6, 2019, and his character, outgoing personality, and kindness are greatly missed by the communities along Big Coal River in Boone County, West Virginia; and
Whereas, It is fitting that an enduring memorial be established to commemorate Daniel Edward Kolhton “Red” Haney for his contributions to his community; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number: 03-005/00-017.66 (03A042), (38.63616, -81.62303) locally known as Seth Bridge, carrying CR 5 over Big Coal River in Boone County, the “Daniel Edward Kolhton “Red” Haney 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 “Daniel Edward Kolhton ‘Red’ Haney Memorial Bridge”; and, be it
Further Resolved, That the Clerk of the House forward a copy of this resolution to the commissioner of the Division of Highways.
Delegates Cooper, Smith, Haynes, Toney and Maynor offered the following resolution, which was read by its title and referred to the Committee on Technology and Infrastructure then Rules:
H. C. R. 8 - “Requesting the Division of Highways name a portion of County Route 19/1, Ballangee Road, from its intersection with County Route 17/1, known as War Ridge Road, to its intersection with County Route 19/3, known as Big Stony Creek Road, in Summers County, the ‘U.S. Army PVT Lomer Elmo Davis Memorial Road’.”
Whereas, Lomer Elmo Davis, born November 29, 1921, at Ballengee, in Summers County, was a son of the late Lomer A. and Allie Lyons Davis; and
Whereas, Lomer Elmo Davis volunteered his service to the Army in early 1942 during WWII; he trained and deployed as an infantryman with the 85th infantry division. He fought with the 85th in Patton’s Campaign in Sicily during the summer of 1943 along with his brother, Thomas who was assigned to the 3rd Infantry Division; and
Whereas, At the battle of Messina, U.S. Army PVT Lomer Elmo Davis was severely wounded and eventually evacuated back to the U.S.; he was awarded the three signature awards of a WWII warrior for his bravery; the Combat Infantryman’s Badge, the Bronze Star and the Purple Heart. His wounds troubled him the remainder of his adult life; and
Whereas, U.S. Army PVT Lomer Elmo Davis was a truck driver for Shanklin’s Trucking and later purchased his own truck and began hauling miscellaneous goods for local residents and neighbors. Mr. Davis owned and operated Davis Grocery at Ballengee from 1963-1980; and
Whereas, U. S. Army PVT Lomer Elmo Davis was a member of the Ballengee Farm Club and a trustee of the Oak Grove Cemetery; and
Whereas, U.S. Army PVT Lomer Elmo Davis passed away on Saturday, May 31, 2014, at Main Street Care in Hinton following a short illness; and
Whereas, U.S. Army PVT Lomer Elmo Davis was preceded in death by one brother, Thomas “Verdo” Davis and three sisters, Winnie McMillion, Ruby Riffe and Lena Clair Hedrick; those left to cherish his memory include his daughter, Anita Tabor and husband Dean of Marie; step-son, Floyd Light and wife Audra of Leesburg, Va.; four step-grandchildren; five step-great grandchildren; many loved nieces and nephews; and
Whereas, It is fitting that an enduring memorial be established to commemorate U S. Army PVT Lomer Elmo Davis and his contributions to our state and country; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name a portion of County Route 19/1, Ballangee Road, from its intersection with County Route 17/1, known as War Ridge Road, to its intersection with County Route 19/3, known as Big Stony Creek Road, in Summers County, the “U.S. Army PVT Lomer Elmo Davis Memorial Road”; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs at both ends identifying the portion of road as the “U.S. Army PVT Lomer Elmo Davis Memorial Road”; and, be it
Further Resolved, That the Clerk of the House forward a copy of this resolution to the commissioner of the Division of Highways.
Delegate Holstein offered the following resolution, which was read by its title and referred to the Committee on Technology and Infrastructure then Rules:
H. C. R. 9 - “Requesting the Division of Highways name a portion of Rt 85 South, starting at the Van Community Park of the community of Van and ending at the bridge at Clinton Camp Rd in Wharton in Boone County, the ‘U.S. Army SSG James C. Vickers Silver Star Highway’.”
Whereas, James C. Vickers was born on February 3, 1932, in Lorado, West Virginia, the son of Watt and Desta Vickers; he went to Man High School in Logan County before his parents moved him to Boone County; and
Whereas, In April 1950, James C. Vickers enlisted in the United States Army and took his basic training at Fort Knox, Kentucky; he completed basic training there the same month the Korean War started, June 1950; and
Whereas, SSG James C. Vickers was assigned to B Company, 31st Infantry Regiment, 7th Infantry Division, and saw his first combat action in the amphibious assault at Inchon, South Korea on September 14, 1950; he made a second amphibious assault at Iwon, North Korea on October 29, 1950, as part of a push for an early end to the war; his unit was part of Taskforce Drysdale, an action to clear a number of enemy roadblocks between Koto-ri and Hagaru-ri, North Korea; his whole unit was pinned down by a.50 caliber heavy machine gun 800 to 1,000 yards away; he took out the enemy gun, protecting his unit from taking losses. SSG James C. Vickers was wounded in action a day later in the battle for the Chosin Reservoir, in weather as cold as -32 degrees; he was one of very few in his unit that was not killed or captured in the battle, as he ignored his commander’s order to surrender and fought his way back to American troops; and
Whereas, The actions of U.S. Army SSG James C. Vickers on that day were recognized when he was awarded the prestigious Silver Star, March 11, 2001; SSG James C. Vickers distinguished himself on many occasions and is the recipient of many awards including: The Purple Heart, Combat infantry Badge, Republic of South Korea Presidential Unit Citation, Army Presidential Unit Citation W/ Oak Leaf Cluster, Navy Presidential Unit Citation W/ Oak Leaf Cluster, Korean Service Medal W/ four Combat Stars and two Arrowheads, National Defense Service Medal, United Nations Service Medal, Army of Occupation Medal (Japan), and Army Good Conduct Medal; and
Whereas, U.S. Army SSG James C. Vickers is a retired Iron Worker of Local 201, in Charleston; during his working career, he worked at Cape Canaveral and helped construct the Vertical Assembly Building and also helped construct the Arming Tower for the first rocket launch to space; also set steel for the interstate system through Charleston, and the Corridor G bridge in Danville, WV; and
Whereas, The citizens of Boone County’s 23rd District of West Virginia, seek to honor the service and bravery of Korean War veteran and Silver Star recipient U.S. Army SSG James C. Vickers; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name a portion of RT 85 South, starting at the Van Community Park of the community of Van and ending at the bridge at Clinton Camp Rd in Wharton in Boone County, the “U.S. Army SSG James C. Vickers Silver Star Highway”; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the portion of road containing bold and prominent letters proclaiming the road as “U.S. Army SSG James C. Vickers Silver Star Highway”; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the Commissioner of the Division of Highways.
Delegates Reynolds, Conley, Barnhart, D. Jeffries, Foster, Ferrell, Jennings, Smith, Mallow, Horst and Haynes offered the following resolution, which was read by its title and referred to the Committee on Technology and Infrastructure then Rules:
H. C. R. 10 - “Requesting the Division of Highways name a portion of US Route 250, beginning at mile marker 31.35, and ending at its intersection with WV 2, mile marker 31.63, in Marshall County, the ‘U. S. Marine Corps LCpl Leonard Joe Zelaski, Jr. Memorial Road’.”
Whereas, Leonard Joe Zelaski, Jr. was born on July 18, 1948, in Marshall County, and was the son of Leonard Joe Zelaski, Sr. and Betty Leola Liston Zelaski; and
Whereas, Leonard Joe Zelaski, Jr. entered the U.S. Marine Corps on December 1, 1966; he began his tour of duty in Vietnam on May 13, 1967, where he served as a Mortarman in K Company, 3rd Battalion, 1st Marines Regiment of the 1st Marine Division; and
Whereas, LCpl Leonard Joe Zelaski, Jr. was killed in a hostile action by hostile small arms fire northeast of Dong Ha, Quang Tri Provence, South Vietnam on March 2, 1968, during Operation Napoleon/Saline, in which 31 other U. S. Troops also lost their lives; and
Whereas, U. S. Marine Corps LCpl Leonard Joe Zelaski, Jr. arrived home to West Virginia on March 13, 1968, and was interred in Riverview Cemetery, Moundsville West Virginia; and
Whereas, U. S. Marine Corps LCpl Leonard Joe Zelaski, Jr. received the following commendations and awards in honor of his service in the U.S. Marine Corps: the Purple Heart, Combat Defense Ribbon, National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal, Marine Corps Presidential Unit Citation, Vietnam Gallantry Cross, Marine Corps Good Conduct Medal, and the Marine Corps Expeditionary Medal; and
Whereas, U.S. Marine Corps LCpl Leonard Joe Zelaski, Jr.’s name is inscribed on the Vietnam War Memorial in Washington, D. C. on Panel 42E, Line 045, in recognition of his service and his ultimate sacrifice for our country; and
Whereas, It is fitting that an enduring memorial be established to commemorate U.S. Marine Corps LCpl Leonard Joe Zelaski, Jr., honoring his life and his contributions to our state and country; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name a portion of US Route 250, beginning at mile marker 31.35, and ending at its intersection with WV 2, mile marker 31.63, in Marshall County, the “U. S. Marine Corps LCpl Leonard Joe Zelaski, Jr. Memorial Road”; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs at both ends identifying the portion of road as the “U. S. Marine Corps LCpl Leonard Joe Zelaski, Jr. Memorial Road”; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the Commissioner of the Division of Highways.
Delegate Holstein offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 11 - “Commending Former President Donald John Trump for his service, admiration, and dedication to the State of West Virginia as the 45th President of the United States.”
Whereas, Former President Donald John Trump worked tirelessly for the people of West Virginia by protecting and promoting pro-energy policies, protecting constitutional rights, promoting state’s rights, fair trade, tax cuts, lowering prescription drug costs, rolling back Obama-era EPA rules, eliminating unnecessary regulations, recognizing the severity of the opioid epidemic, protecting the nation from enemies foreign and domestic, and by putting America First; and
Whereas, In a re-election bid in West Virginia, former President Donald John Trump won 545,382 votes, the highest number of raw votes and percentage in the history of the great State of West Virginia on November 3rd, 2020; and
Whereas, former President Donald John Trump won more votes from West Virginians than some of the most notable presidents in history including, but not limited to, Franklin D. Roosevelt, John F. Kennedy, Richard Nixon, Ronald Reagan, and Barack Obama; and
Whereas, The super majority of citizens of the State of West Virginia wish to recognize the historic accomplishments of the Trump Administration; and
Whereas, It is appropriate that the West Virginia Legislature recognize the legacy of West Virginia’s most popular president, former President Donald John Trump, by commending him for his service, admiration, and dedication to West Virginia as the 45th President of the United States; therefore, be it
Resolved by the Legislature of West Virginia:
That the State of West Virginia commends former President Donald John Trump for his service, admiration, and dedication to the State of West Virginia as the 45th President of the United States; and, be it
Further Resolved, That the Clerk of the House forward a copy of this resolution to the former President.
The following House Joint Resolutions from the First Regular Session of the 85th Legislature were reintroduced and referred to the various standing committees pursuant to House Rule 92a:
House Joint Resolutions 5, 6, 7, 9, 10, 12, 13, 14, 15, 16, 17, 19, 20, 22, 23, 25, 27 and 30.
Motions
At the request of Delegate Summers, and by unanimous consent, the applicable provisions of House Rule 136, relating to privileges of the floor, were suspended for approved activities during the Session to permit invited guests the privileges of the floor.
Bills Introduced
The following House Bills from the First Regular Session of the 85th Legislature were reintroduced and referred to the various standing committees pursuant to House Rule 92a:
House Bills 2007, 2017, 2032, 2033, 2038, 2039, 2041, 2048, 2049, 2050, 2052, 2053, 2054, 2055, 2057, 2058, 2059, 2060, 2061, 2062, 2064, 2065, 2066, 2067, 2069, 2079, 2080, 2081, 2082, 2083, 2084, 2085, 2086, 2087, 2088, 2089, 2090, 2091, 2092, 2095, 2096, 2097, 2098, 2099, 2100, 2101, 2102, 2103, 2104, 2105, 2106, 2107, 2108, 2109, 2110, 2111, 2112, 2113, 2114, 2116, 2117, 2118, 2119, 2120, 2121, 2122, 2124, 2125, 2126, 2127, 2128, 2129, 2130, 2131, 2132, 2133, 2134, 2135, 2136, 2137, 2138, 2139, 2140, 2142, 2143, 2144, 2147, 2148, 2150, 2153, 2155, 2157, 2158, 2159, 2160, 2167, 2168, 2169, 2170, 2171, 2174, 2176, 2177, 2178, 2181, 2182, 2184, 2185, 2186, 2188, 2190, 2191, 2192, 2193, 2194, 2199, 2200, 2201, 2202, 2203, 2204, 2205, 2206, 2207, 2208, 2209, 2210, 2211, 2212, 2213, 2214, 2215, 2216, 2217, 2220, 2222, 2223, 2225, 2226, 2227, 2228, 2229, 2230, 2231, 2232, 2233, 2234, 2237, 2238, 2239, 2240, 2246, 2247, 2248, 2249, 2254, 2255, 2256, 2257, 2258, 2259, 2268, 2273, 2274, 2276, 2277, 2278, 2279, 2280, 2283, 2284, 2285, 2287, 2288, 2291, 2292, 2293, 2294, 2295, 2297, 2298, 2299, 2300, 2301, 2310, 2311, 2312, 2314, 2315, 2317, 2318, 2319, 2320, 2324, 2325, 2327, 2328, 2329, 2330, 2331, 2332, 2333, 2334, 2335, 2340, 2341, 2345, 2347, 2349, 2362, 2364, 2365, 2367, 2369, 2376, 2379, 2480, 2481, 2482, 2483, 2484, 2488, 2489, 2490, 2491, 2492, 2493, 2494, 2498, 2501, 2502, 2503, 2504, 2505, 2508, 2509, 2511, 2513, 2514, 2515, 2517, 2518, 2519, 2520, 2521, 2524, 2531, 2533, 2534, 2535, 2538, 2539, 2540, 2541, 2542, 2543, 2545, 2546, 2547, 2548, 2549, 2550, 2551, 2552, 2553, 2557, 2558, 2559, 2560, 2562, 2563, 2567, 2568, 2576, 2577, 2578, 2579, 2580, 2584, 2585, 2586, 2587, 2594, 2595, 2596, 2598, 2599, 2600, 2602, 2603, 2605, 2606, 2607, 2608, 2609, 2610, 2611, 2612, 2617, 2618, 2622, 2623, 2624, 2625, 2629, 2630, 2631, 2635, 2637, 2644, 2645, 2647, 2653, 2654, 2655, 2657, 2668, 2669, 2673, 2674, 2677, 2685, 2686, 2693, 2697, 2698, 2707, 2710, 2711, 2712, 2713, 2715, 2716, 2717, 2718, 2724, 2725, 2727, 2728, 2729, 2731, 2732, 2733, 2735, 2737, 2749, 2751, 2752, 2753, 2754, 2755, 2759, 2761, 2762, 2771, 2774, 2775, 2777, 2778, 2779, 2780, 2781, 2782, 2783, 2792, 2798, 2800, 2806, 2809, 2812, 2815, 2817, 2818, 2819, 2828, 2831, 2835, 2836, 2838, 2839, 2840, 2841, 2843, 2844, 2845, 2846, 2848, 2849, 2850, 2853, 2856, 2857, 2858, 2860, 2861, 2864, 2865, 2866, 2869, 2871, 2872, 2875, 2876, 2879, 2881, 2882, 2883, 2904, 2907, 2908, 2910, 2911, 2912, 2919, 2921, 2923, 2925, 2926, 2928, 2929, 2930, 2931, 2934, 2935, 2936, 2937, 2943, 2948, 2950, 2951, 2952, 2954, 2956, 2959, 2961, 2963, 2964, 2967, 2972, 2973, 2974, 2975, 2976, 2977, 2978, 2979, 2980, 2981, 2984, 2989, 2990, 2994, 2999, 3000, 3001, 3003, 3005, 3006, 3008, 3013, 3016, 3017, 3018, 3019, 3020, 3022, 3023, 3024, 3025, 3026, 3027, 3028, 3031, 3032, 3035, 3036, 3039, 3041, 3043, 3048, 3050, 3051, 3052, 3053, 3054, 3055, 3056, 3058, 3061, 3062, 3064, 3067, 3068, 3072, 3073, 3079, 3080, 3082, 3084, 3086, 3090, 3091, 3092, 3093, 3095, 3097, 3098, 3099, 3102, 3103, 3104, 3108, 3109, 3110, 3111, 3112, 3113, 3115, 3116, 3117, 3118, 3119, 3120, 3121, 3122, 3123, 3124, 3125, 3126, 3127, 3135, 3136, 3138, 3139, 3140, 3141, 3142, 3143, 3144, 3145, 3147, 3149, 3153, 3155, 3160, 3161, 3163, 3166, 3167, 3168, 3170, 3174, 3176, 3178, 3179, 3180, 3184, 3186, 3187, 3188, 3190, 3192, 3193, 3195, 3196, 3197, 3198, 3201, 3204, 3205, 3207, 3209, 3210, 3211, 3212, 3216, 3219, 3220, 3222, 3223, 3224, 3225, 3227, 3228, 3229, 3230, 3231, 3233, 3234, 3235, 3236, 3237, 3238, 3239, 3241, 3242, 3243, 3244, 3245, 3246, 3247, 3248, 3249, 3251, 3253, 3257, 3258, 3259, 3261, 3262, 3263, 3264, 3265, 3267, 3268, 3269, 3270, 3271, 3272, 3273, 3274, 3276, 3277, 3278, 3279, 3280, 3281, 3282, 3284, 3303 and 3312.
Bills were introduced, pursuant to House Rule 92, and severally referred as follows:
By Delegates Rowan, Crouse, Dean, Kimes, G. Ward, Maynor, Worrell, Hanna, Barrett, Conley and Horst:
H. B. 4004 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2Q-1, relating to limiting an abortion to 15 weeks’ gestation; defining terms; requiring reports; providing professional discipline; and providing criminal penalties”; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Tully, Dean, Worrell, Longanacre, Toney, Crouse, Burkhammer, Conley, D. Jeffries, Mazzocchi and Mallow:
H. B. 4005 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-17, relating to fetal body parts; defining terms; prohibiting the sale of fetal body parts resulting from an induced abortion; prohibiting the transport of fetal body parts with the intent to engage in a prohibited sale; and providing misdemeanor criminal penalties”; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Steele, Smith, Wamsley and Forsht:
H. B. 4006 - “A Bill to repeal §55-9-1, §55-9-2, and §55-9-3 of the Code of West Virginia, 1931, as amended; to repeal §61-1-4, §61-1-5, §61-1-7, §61-1-8, §61-1-9, §61-2-5a, §61-2-9a, §61-2-9b, §61-2-9c, §61-2-9d, §61-2-10a, §61-2-10b, §61-2-14a, §61-2-14b, §61-2-14c, §61-2-14d, §61-2-14e, §61-2-14f, §61-2-14g, §61-2-14h, §61-2-15a, §61-2-16a, §61-2-26, §61-2-27, §61-2-27a, §61-2-28, §61-2-29, §61-2-29a, §61-2-29b, §61-2-30, §61-3-20a, §61-3-22a, §61-3-24a, §61-3-24b, §61-3-24c, §61-3-24d, §61-3-24e, §61-3-24f, §61-3-24g, §61-3-24h, §61-3-39, §61-3-39a, §61-3-39b, §61-3-39c, §61-3-39d, §61-3-39e, §61-3-39f, §61-3-39g, §61-3-39h, §61-3-39i, §61-3-39j, §61-3-39k, §61-3-39m, §61-3-39n, §61-3-39o, §61-3-39p, §61-3-39q, §61-3-40, §61-3-41, §61-3-42, §61-3-43, §61-3-44, §61-3-45, §61-3-45a, §61-3-46, §61-3-47, §61-3-48, §61-3-48a, §61-3-49, §61-3-49a, §61-3-49b, §61-3-50, §61-3-51, §61-3-52, §61-3-53, §61-3-54, §61-3-55, §61-3-56, §61-3-57, §61-3-58, §61-3-59, §61-3A-4a, §61-3C-14a, §61-3C-14b, §61-3C-14c, §61-3E-13, §61-5-12a, §61-5-12b, §61-5-25a, §61-5-27a, §61-5-28, §61-5-29, §61-6-1a, §61-6-1b, §61-6-14a, §61-6-18, §61-6-19, §61-6-20, §61-6-21, §61-6-22, §61-6-23, §61-6-24, §61-6-25; §61-7-4a, §61-7-6a, §61-7-11a, §61-7-15a, §61-8-9a, §61-8-19a, §61-8-19b, §61-8-19c, §61-8-27a, §61-8-28, §61-8-28a, §61-8-29, §61-8-30, §61-8-31, §61-8C-3a, §61-8C-3b, §61-8D-4a, §61-8D-5a, §61-8E-1, §61-8E-2, §61-8E-3, §61-9-9, §61-9-10, §61-9-11, §61-10-11a, §61-10-11b, §61-10-30, §61-10-31, §61-10-32, §61-10-33, §61-10-34, §61-11-1a, §61-11-8a, §61-11-22a, §61-11-26a, §61-11-26b and §61-11A-9 of said code; to amend and reenact §15-12-8 of said code; to amend and reenact §19-1A-3b of said code; to amend and reenact §29-22-12 of said code; to amend and reenact §61-1-1, §61-1-2, §61-1-3 of said code; to amend and reenact §61-2-1, §61-2-2, §61-2-3, §61-2-4, §61-2-5, §61-2-6, §61-2-7, §61-2-8, §61-2-9, §61-2-10, §61-2-11, §61-2-12, §61-2-13, §61-2-14, §61-2-15, and §61-2-16 of said code; to amend and reenact §61-3-1, §61-3-2, §61-3-3, §61-3-4, §61-3-5, §61-3-6, §61-3-7, §61-3-8, §61-3-11, §61-3-12, §61-3-13, §61-3-14, §61-3-15, §61-3-16, §61-3-18, §61-3-19, §61-3-20, §61-3-21, §61-3-22, §61-3-23, §61-3-24, §61-3-25, §61-3-26, §61-3-27, §61-3-28, §61-3-29, §61-3-30, §61-3-31, §61-3-32, §61-3-33, §61-3-34, §61-3-35, §61-3-36, §61-3-37, and §61-3-38 of said code; to amend and reenact §61-3A-3 and §61-3A-7 of said code; to amend and reenact §61-3B-2, §61-3B-3, §61-3B-4, §61-3B-5, §61-3B-6, and §61-3B-7 of said code; to amend and reenact §61-3C-2, §61-3C-3, §61-3C-4, §61-3C-5, §61-3C-6, §61-3C-7, §61-3C-8, §61-3C-9, §61-3C-10, §61-3C-11, §61-3C-12, §61-3C-13, §61-3C-14, §61-3C-15, §61-3C-16, §61-3C-17, §61-3C-18, §61-3C-19, §61-3C-20, §61-3C-21; to amend and reenact §61-3D-2 and §61-3D-3 of said code; to amend and reenact §61-3E-1, §61-3E-3, §61-3E-4, §61-3E-5, §61-3E-6, §61-3E-7, §61-3E-8, §61-3E-9, §61-3E-10, and §61-3E-12 of said code; to amend and reenact §61-4-1, §61-4-2, §61-4-3, §61-4-4, §61-4-5, §61-4-6, §61-4-7, §61-4-8, and §61-4-9 of said code; to amend and reenact §61-5-1, §61-5-2, §61-5-3, §61-5-4, §61-5-5, §61-5-6, §61-5-7, §61-5-8, §61-5-9, §61-5-10, §61-5-11, §61-5-12, §61-5-13, §61-5-14, §61-5-15, §61-5-16, §61-5-17, §61-5-18, §61-5-19, §61-5-20, §61-5-21, §61-5-22, §61-5-23, §61-5-24, §61-5-25, §61-5-26, and §61-5-27 of said code; to amend and reenact §61-5A-9 of said code; to amend and reenact §61-6-2, §61-6-3, §61-6-6, §61-6-7, §61-6-8, §61-6-9, §61-6-10, §61-6-11, §61-6-12, §61-6-13, §61-6-14, §61-6-15, §61-6-16, and §61-6-17; §61-6-1, §61-6-1a, and §61-6-1b of said code; to amend and reenact §61-7-2, §61-7-3, §61-7-4, §61-7-5, §61-7-6, §61-7-7, §61-7-8, §61-7-9, §61-7-10, §61-7-11, §61-7-12, §61-7-14, §61-7-15, §61-7-16, and §61-7-17 of said code; to amend and reenact §61-8-1, §61-8-2, §61-8-5, §61-8-6, §61-8-7, §61-8-8, §61-8-9, §61-8-10, §61-8-11, §61-8-12, §61-8-14, §61-8-15, §61-8-16, §61-8-19, §61-8-21, §61-8-20, §61-8-22, §61-8-23, §61-8-25, §61-8-26, and §61-8-27, of said code; to amend and reenact §61-8A-1, §61-8A-2, §61-8A-4, and §61-8A-5 of said code; to amend and reenact §61-8B-3, §61-8B-4, §61-8B-5, §61-8B-7, §61-8B-8, §61-8B-9, §61-8B-9b, §61-8B-10, §61-8B-11, §61-8B-11a, §61-8B-12, §61-8B-13, §61-8B-14, §61-8B-15, §61-8B-16, §61-8B-17 and §61-8B-18 of said code; to amend and reenact §61-8C-1, §61-8C-2, and §61-8C-3 of said code; to amend and reenact §61-8D-1, §61-8D-2, §61-8D-2a, §61-8D-3, §61-8D-3a, §61-8D-4, §61-8D-4a, §61-8D-5, §61-8D-6, §61-8D-7, §61-8D-8, §61-8D-9, and §61-8D-10 of said code; to amend and reenact §61-9-1, §61-9-2, §61-9-3, §61-9-4, §61-9-5, §61-9-6, §61-9-7, and §61-9-8 of said code; to amend and reenact §61-10-1, §61-10-2, §61-10-3, §61-10-4, §61-10-5, §61-10-6, §61-10-7, §61-10-8, §61-10-9, §61-10-10, §61-10-11, §61-10-12, §61-10-13, §61-10-14, §61-10-15, §61-10-16, §61-10-17, §61-10-19, §61-10-20, §61-10-22, and §61-10-23 of said code; to amend and reenact §61-11-1, §61-11-1a, §61-11-3, §61-11-4, §61-11-5, §61-11-6, §61-11-7, §61-11-8, §61-11-18, §61-11-20, §61-11-21, and §61-11-22 of said code; to amend and reenact §61-11A-7 and §61-11A-8 of said code; to amend and reenact §61-12-8, §61-12-9, and §61-12-13 of said code; to amend and reenact §61-13-3 of said code; to amend and reenact §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 of said code; to amend and reenact §61-15-2 and §61-16-2 of said code; to amend and reenact §62-6-8 of said code; to amend and reenact §62-12-2 and §62-12-26 of said code; to amend said code by adding thereto a new article designated as §23-5B-1, §23-5B-2, §23-5B-3, and §23-5B-4; to amend said code by adding thereto a new section, designated §30-29-9a; to amend said code by adding thereto two new sections, designated §30-1-27 and §30-1-28; to amend said code by adding a new section, designated §55-2-23; to amend said code by adding a new section, designated §60A-4-418; to amend said code by adding thereto nine new sections, designated §61-2-17, §61-2-18, §61-2-19, §61-2-20, §61-2-21, §61-2-22, §61-2-23, §61-2-24, and §61-2-25; to amend said code by adding thereto two new sections, §61-3-9, §61-3-10, and §61-3-17; to amend said code by adding thereto three new sections, designated §61-3B-8, §61-3B-9, and §61-3B-10; to amend said code by adding thereto two new sections, §61-3C-22 and §61-3C-23; to amend said code by adding thereto a new article, designated §61-3F-1, §61-3F-2, §61-3F-3, §61-3F-4, §61-3F-5, §61-3F-6, §61-3F-7, §61-3F-8, §61-3F-9, §61-3F-10; §61-3F-11, §61-3F-12, §61-3F-13, §61-3F-14, §61-3F-15, §61-3F-16, and §61-3F-17; to amend said code by adding thereto a new section designated §61-4-10; to amend said code by adding thereto three new sections, designated §61-7-13, §61-7-18, and §61-7-19; to amend said code by adding thereto five new sections, designated §61-8-3, §61-8-4, §61-8-17, §61-8-18, and §61-8-24; to amend said code by adding thereto six new sections, designated §61-8B-6, §61-8B-19, §61-8D-11, §61-8D-12, §61-10-18, and §61-10-21; to amend said code by adding thereto two new sections, designated §61-11-27 and §61-11-28; to amend said code by adding thereto a new article designated §61-17-1, §61-17-2, §61-17-3, §61-17-4, §61-17-5, §61-17-6, and §61-17-7; and to amend said code by adding a new article designated §61-18-1, §61-18-2, §61-18-3, and §61-18-4; all relating to revising the criminal code generally; relating to the failure of a sex offender to register or provide notice of registration changes and the penalty for the same; timber theft, investigations thereof, and the criminal and civil penalties for the same; crimes against the worker’s compensation system generally; the crime of omission to subscribe for workers’ compensation insurance; the crime of failure to file a premium tax report or pay premium taxes; crimes relating to false testimony or statements concerning such; the crime of failure to file reports; criminal penalties for such actions or inactions; provisions for asset forfeiture; venue for trial of such crimes; the crime of wrongfully seeking workers’ compensation; criminalizing false testimony or statements given in support of the same; criminal penalties for these offenses; venue for the trial of such crimes; workers’ compensation health care offenses; fraud; theft or embezzlement; false statements; criminal penalties for the above offenses; notice requirements; prohibition against providing future services; penalties for the same; provisions for asset forfeiture; venue for the trial of such crimes; defining the crime of providing false documentation to workers’ compensation, to the Insurance Commissioner or a private carrier of workers’ compensation insurance; criminalizing altering documents or certificates from workers’ compensation; criminal penalties for such offenses; venue for the trial of such crimes; the required reporting of gunshot and other wounds; the required reporting of burns; penalty for aiding and abetting; railroad employees being conservators of the peace; special railroad policemen; and the powers and duties of the same; relating to shooting ranges, limitations on nuisance actions, and noise ordinances; relating generally to criminal activity and the punishment thereof; wanton endangerment involving the use of fire, and the criminal penalty for the same; relating to crimes against the government; defining treason, the crime of treason, and penalties therefor, the crime of failure to give information of treason and its penalty; the crime of desecration of the flag, and its penalty; relating to crimes against the person, first and second degree murder defined, and punishment for the same; delineating provisions for allegations in indictment for homicide; defining voluntary manslaughter and the penalty thereof; defining involuntary manslaughter, and specifying the penalty for the same; defining concealment of a deceased human body, and specifying the penalty for the same; clarifying that Homicide is punishable within the state if injury occurs within and death without, or vice versa; defining an attempt to kill or injure by poison, and specifying the penalty for the same; defining the crime of abortion and the penalty for the same; defining malicious or unlawful assault, assault, and battery, and specifying the penalties for each and aggravated factors and enhanced penalties; explaining provisions of sentencing for such acts committed by incarcerated persons; defining assault during the commission of or attempt to commit a felony, and specifying the penalty for the same; delineating that for violent crimes against the elderly a sentence is not subject to suspension or probation; defining harassment, and providing penalties, and certain definitions for the same; defining strangulation, suffocation, and asphyxiation and providing definitions and penalties for the same; defining robbery or attempted robbery and specifying the penalties for the same; defining extortion, and attempted extortion by threat, and specifying the penalty for these; defining kidnapping and specifying penalties for the same; defining concealment or removal of a minor child from custodian or from person entitled to visitation; and setting forth penalties and defenses for the same; providing that one aiding or abetting in kidnapping or in concealing or removing a minor child is guilty as a principal, and explaining venue for those offenses; defining unlawful restraint and providing penalties for the same; prohibiting the purchase or sale of a child, setting the criminal penalty for the same, and providing definitions and exceptions; the failure to remove doors from abandoned refrigerators, freezers and other appliances, and providing penalties for the same; providing definitions for various forms of domestic violence and criminal penalties; providing definitions and criminal penalties for the abuse or neglect of an incapacitated adult; providing criminal penalties for the death of an incapacitated adult by a caregiver; defining and providing criminal penalties for the financial exploitation of an elderly person, protected person or incapacitated adult; recognizing an embryo or fetus as a distinct unborn victim of certain crimes of violence against the person; relating to crimes against property; arson; the degrees of arson, and definitions and criminal penalties for the same; burning, or attempting to burn, insured property and the criminal penalty for the same; causing injuries during an arson-related crime, and the criminal penalties for the same; recovery of costs incurred in fighting fires caused by arson; defining burglary, the entry of dwelling house or outbuilding, and providing criminal penalties for the same; defining entry of a house, building, vehicle, or enclosed property, the criminal penalties for the same, and specifying counts in indictment for the same; manufacture or possession of burglary tools, and the criminal penalties for the same; setting forth criminal offenses involving theft detection shielding devices, their criminal penalties and providing for detention of persons suspected of this offense; grand larceny, aggravated grand larceny, and petit larceny distinguished, setting forth the criminal penalties for each, defining larceny of bank notes, checks, writings of value and book accounts, and delineating the determination of value in larceny; explaining receiving or transferring stolen goods and providing a criminal penalty; providing a criminal penalty for bringing into this state, receiving or disposing of property stolen in another state; embezzlement, and the criminal penalties for the same; falsifying accounts, and the criminal penalties for the same; Possession or use of automated sales suppression devices, and the criminal penalties for the same; the offenses of destroying or concealing a will, and embezzlement by fiduciary, and the criminal penalties for the same; obtaining money, property and services by false pretenses, disposing of property to defraud creditors, and the criminal penalties for each of these; the offenses of attempted or fraudulent use, forgery, traffic of credit cards, possession and transfer of credit cards and credit card making equipment, the false or fraudulent use of telephonic services, and the criminal penalties for these offenses; intercepting or monitoring customer telephone calls, and the criminal penalties for the same; requirements for finding fraudulent schemes and provisions for the cumulation of amounts where a common scheme exists, and the criminal penalties for the same; the casting away, destroying, or interfering with floating craft or material, and the criminal penalties for the same; interference with or destruction of buoys, signal lights or other aids to navigation, and the criminal penalties for the same; the offense of malicious killing of animals by poison or otherwise, and the criminal penalties for the same; the removal out of a county of property securing a claim, and the criminal penalties for such offense; the fraudulent disposition of personal property in possession by virtue of lease, notice to return, failure to return, and penalties where such property is not returned; noting a right to immediate possession in such instances; making a false statement as to financial condition of person, firm or corporation, and the criminal penalty for the same; publication of false advertisements, and the criminal penalty for the same; fraudulently obtaining food or lodging, and the criminal penalty for the same; intoxication of a person in charge of locomotive engine or car, and the criminal penalty for the same; the offenses of jumping on or off car or train in motion; driving vehicle upon track or bridge except at crossings, and the criminal penalty for the same; procuring gas, water or electricity, by device, with intent to defraud, and the criminal penalty for the same; placing a dam or obstructions in watercourses, and the criminal penalty for the same; setting forth requirements for the purchase of scrap metal by scrap metal purchasing businesses, salvage yards, or recycling facilities; requiring certificates, records, and reports of such purchases; providing criminal penalties for violations of these provisions; setting forth requirements for the purchase of items by precious metals and gem dealers, records to be kept by them, and delineating prohibited acts, and the criminal penalty for the same; criminalizing the unauthorized use of dumpsters and setting forth penalties; defining the offense of identity theft and providing a penalty; criminalizing the failure to pay for gasoline and providing a penalty; the offense of scanning device or re-encoder fraud, delineating when it is a felony; providing definitions; and setting forth criminal penalties for the same; the offense of possession of bogus receipts or universal product codes with intent to defraud, and the criminal penalties for the same; the offense of misrepresentation of past or present military status or military awards to obtain anything of value, and delineating criminal penalties for the same; relating to shoplifting; prescribing penalties; defining the crime of organized retail theft, and providing penalties for that offence, all relating to trespass; trespass in a structure or conveyance and penalties for the same; trespass on property other than a structure or conveyance, removal, injury to or destruction of property, monuments designating land boundaries and of certain no trespassing signs and penalties for the same; trespass on student residence premises or student facility premises of an institution of higher education and penalties for the same; trespass on state government property; aiding and abetting; penalties for each of those offenses; defining the offense of mine trespass, and penalties for the same; defining animal or crop facilities trespass; providing penalties for the same; allowing for injunctive relief in such instances; offenses involving damage to shrubbery, flowers, trees and timber; providing for a limitation of application of the relevant subsection, and providing penalties; prohibiting cutting, damaging, or carrying away without written permission, any timber, trees, growing plants or the products thereof; treble damages provided for the same; creating the Critical Infrastructure Protection Act; defining terms relevant to the same; prohibiting certain acts, including trespass and conspiracy to trespass against property designated a critical infrastructure facility; providing criminal penalties; and, allowing for certain forms of civil action in such instances; relating to the West Virginia Computer Crime And Abuse Act, defining terms; computer fraud; access to legislative or state-owned computer; criminal penalties for the same; unauthorized access to computer services and criminal penalties for the same; unauthorized possession of computer data or programs and criminal penalties for the same; unauthorized possession of computer data or programs and criminal penalties for the same; alteration, destruction, etc., of computer equipment, and criminal penalties for the same; unauthorized possession of computer information, and criminal penalties for the same; disclosure of computer security information and criminal penalties for the same; computer invasion of privacy and criminal penalties for the same; fraud and related activity in connection with access devices, and criminal penalties for the same; endangering public safety, and criminal penalties for the same; obscene, anonymous, harassing and threatening communications by computer, cell phones and electronic communication devices, and criminal penalties for the same; soliciting, etc. a minor via computer; soliciting a minor and traveling to engage the minor in prohibited sexual activity; cyberbullying or specific acts of electronic harassment of minors; definitions; criminal penalties for the same; exceptions; use of a computer as an instrument of forgery; civil relief and damages available; defenses to criminal prosecution; venue; prosecution under other criminal statutes not prohibited; personal jurisdiction; and, severability; relating to the theft of cable television services, the acquisition of cable television services, and penalties for wrongfully acquitting the same; sale or transfer of a device or plan intended for acquisition or diversion, and criminal penalties for the same; Illegal possession of destructive devices, explosive materials or incendiary devices; and the criminal penalty for the same; criminal use of destructive device, explosive material or incendiary device; and the criminal penalty for the same; causing accidental or intentional death or injury; penalties; causing death or injury to an explosives detection animal; and the penalty for the same; manufacture, purchase, sale, advertising for sale, transporting or possession or use of a hoax bomb; possession or use in commission of a felony; and the penalty for the same; theft of explosive material from storage magazines or buildings; and the penalty for the same; receipt, possession, storage, sale or transportation of stolen explosive material; and the criminal penalty; wanton endangerment involving destructive devices, explosive materials or incendiary devices; and the criminal penalty; contraband, seizure, forfeiture of explosive devices; relating to crimes involving worthless checks; obtaining property in return for worthless check, and the criminal penalties for the same; making, issuing, etc., worthless checks on a preexisting debt, and the criminal penalties for the same; payment as a defense to such offenses; requiring making a statement for the reason for dishonor a duty of the drawee; defining what constitutes prima facie evidence of knowledge, setting forth requirements for identity, and providing a criminal penalty for providing false information; requiring a notice of dishonor by payee, and providing for a service charge; prescribing manner of filing complaint for warrant and the form thereof; providing guidance for a complaint, what constitutes notice of complaint, and the issuance of a warrant; delineating payment procedures, and imposing costs; providing for the payment of costs in worthless check cases, and the disposition of certain costs; requiring the preparation of a list of worthless check warrants; the use of that worthless check list upon receipt of complaint for warrant; delineating the duties of a prosecuting attorney upon receipt of notice of multiple worthless check warrants; requiring the magistrate court clerk to advise complainant; providing for the creation and operation of a program for worthless check offenders, and requirements for acceptance of a person in that program; requiring certain notice to persons accepted to the worthless check restitution program; agreement to suspend prosecution of a person accepted into the restitution program; providing for fees for participation in the worthless check restitution program; and, providing that statements by individuals referred to or participating in the worthless check restitution program are criminally inadmissible; relating to forgery, crimes against the currency, the forgery of public records, certificates, returns or attestation of a court or officer; and the criminal penalty for the same; forgery of official seals; keeping or concealing instrument for forging same; and the criminal penalty for the same; counterfeiting, and the criminal penalty for the same; making plates, etc., for forgery; possession of same; and the criminal penalty for that offense; forging or uttering other writing and the criminal penalty for the same; creation of unauthorized demand draft; possession of counterfeit currency with intent to utter; and the criminal penalty for the same; unauthorized currency, and the criminal penalty for the same; passing or receiving unauthorized currency knowingly, and the criminal penalty for the same; and, the unauthorized use, transfer, acquisition, alteration or possession of certain benefits and the criminal penalty for the same; payment cards and falsely making or lading the same, and the criminal penalty therefore; relating to crimes against public justice generally; perjury and subornation of perjury defined; false swearing defined, and the criminal penalties for perjury, subornation of perjury, and false swearing; aiding escape and other offenses relating to adults and juveniles in custody or confinement; and criminal penalties for the same; permitting escape; refusal of custody of prisoner; and criminal penalties for the same; persons in custody of institutions or officers; escapes and aiding in escapes; and criminal penalties for the same; terms of confinement in addition to previous sentence; escapes from, and other offenses relating to, state benevolent and correctional institution, or private prison or mental health facilities and criminal penalties for the same; escape from custody of the commissioner of corrections and criminal penalties for the same; escape from custody of the director of juvenile services; refusal of officer to make, or delay in making, arrest; and criminal penalties for the same; refusal of person to aid officer and criminal penalties for the same; refusal of officer to execute act or process of legislature or order of governor; and criminal penalty for the same; obstructing officer; fleeing from officer; making false statements to officer; interfering with emergency communications; criminal penalties for the same; definition; officer not liable for act done under statute or executive order afterward declared unconstitutional; compounding offenses and misprision and criminal penalties for the same; exacting excessive fees and criminal penalties for the same; issuing fraudulent fee bills and criminal penalties for the same; alteration, concealment or destruction of public record by officer and criminal penalty for the same; larceny, concealment or destruction of public record by person not officer; and criminal penalty for the same; corrupt summoning of jurors to find biased verdict; and criminal penalty for the same; procuring the summoning of biased juror by party other than officer; and criminal penalty for the same; discrimination against employee summoned for jury duty; and criminal penalty for the same; contempt of court; what constitutes contempt; jury trial; presence of defendant; criminal penalty for the same; fraudulent official proceedings; causing a public employee or official to file a fraudulent legal process and criminal penalty for the same; impersonation of a public official, employee or tribunal; and criminal penalties for the same; impersonation of a public official or tribunal; impersonation of a law-enforcement officer; and criminal penalties for the same; subsequent offense; failure to perform official duties and criminal penalty for the same; the failure to meet an obligation to pay support to a minor and criminal penalties for the same; relating to bribery and corrupt practices, and the criminal penalties for such offenses; relating to crimes against the peace generally; mobs and lynching, and the criminal penalties for the same; liability of county or city in such instances; disturbance of religious worship and the criminal penalty for the same; disturbance of schools, societies, and other assemblies and the criminal penalty for the same; loitering on school property and the criminal penalty for the same; exceptions; camping upon governmental grounds or lawns and the criminal penalty for the same; public nuisance; false reports concerning bombs or other explosive devices and the criminal penalty for the same; falsely reporting an emergency incident and the criminal penalty for the same. willful disruption of governmental processes; offenses occurring at State Capitol Complex; and the criminal penalties for the same; threats of terrorist acts, conveying false information concerning terrorist acts and committing terrorist hoaxes prohibited, and the criminal penalties for the same; prohibiting violations of an individual’s civil rights; and the criminal penalties for the same; wearing masks, hoods or face coverings and the criminal penalty for the same; falsely reporting child abuse and the criminal penalty for the same; classifying criminal penalties for failing to register as a sex offender, failure to provide information change, and providing false information to the sex offender registry; deleting requirement that a person be deemed a rioter if they failed to provide required assistance at a riot; classify the penalty for crime of failure to obey an order given at a riot or unlawful assembly; providing that the crime of disorderly conduct is a petty offense; modifying penalties for carrying a deadly weapon without provisional license or other authorization by persons under twenty-one years of age; enumerating penalty for violation of the confidentiality provisions of a concealed carry license application; providing for a provisional license to carry deadly weapons and how the same is obtained; revocation of concealed carry license; providing exceptions as to prohibitions against carrying concealed handguns for persons at least eighteen years of age and fewer than twenty-one years of age and exemptions for the same from licensing fees; providing for reciprocity and recognition of out-of-state concealed handgun permits; enumerating persons prohibited from possessing firearms; setting forth the right of nonprohibited persons over twenty-one years of age to carry concealed deadly weapons; defining offenses and penalties; describing a process for reinstatement of rights to possess and offenses and penalties; prohibiting possession of deadly weapons by minors; defining brandishing deadly weapons and thereby threatening or causing breach of the peace, and providing criminal penalties for the same; creating and defining offenses of Possessing deadly weapons on premises of educational facilities and on premises housing courts of law and family law courts.; providing for reports by school principals; providing penalties including suspension of driver’s license; defining offense of wanton endangerment using a firearm and providing penalties; right of certain persons to limit possession of firearms on premises; persons prohibited from committing violent crime while wearing body armor and penalties for same; defining offense of use or presentation of a firearm during commission of a felony and penalties for the same; clarifying requirements for chief officer certification to transfer or make certain firearms and providing definitions and for appeal of same; providing rules of construction for the dangerous weapons article; defining the crime of bigamy; providing a misdemeanor penalty for bigamy; defining the crime of prostitution and related offenses; providing the penalty for prostitution; providing that a medical report certifying no sexually transmitted disease reduces penalty for prostitution; providing criminal penalty for solicitation of prostitute; providing enhanced criminal penalty for solicitation of an individual for prostitution who is less than 18 years of age, mentally defective or incapacitated; providing fines for soliciting prostitution be paid to the Crime Victims Compensation Fund in designated circumstances; defining the crime of detaining, recruiting, or inducing another to engage In prostitution, providing that a second offense of the same and recruitment of persons under the age of 18 are felony offenses; establishing that parents consenting to using a minor or mentally defective person for prostitution is guilty of a felony; establishing that causing a person to engage in prostitution because of debt or to receive value is subject to misdemeanor penalty; establishing that a person who forces, intimidates or threatens a spouse to engage in prostitution commits a felony offense; providing respective criminal penalties; establishing the criminal offense of abducting, enticing or harboring a child for prostitution; providing a criminal penalty; establishing the crime of promoting and advancing prostitution; defining a house of prostitution in context of promoting prostitution; permitting character evidence; providing criminal penalty, including additional fine; establishing the offense of sexual solicitation; providing a criminal penalty including additional fine; providing an affirmative defense to sexual solicitation for victims of trafficking; providing affirmative defenses to prostitution relating to human trafficking, abduction and mental defect or incapacitation; establishing aggravating circumstances, restitution, and eligibility for Compensation Award to Victims of Crimes; providing that law enforcement notify DHHR of child victims; providing that any property used for or derived from prostitution is subject to forfeiture; providing that persons convicted be debarred from state or local contracts; defining indecent exposure; clarifying that criminal indecent exposure cannot occur if victim grants permission; classifying criminal penalties for indecent exposure; classifying criminal penalties for inhaling or drinking certain intoxicating compounds; delineating crime of incest; defining ‘step-relative’ in context of the crime of incest; establishing that intercourse between two consenting adult step-relatives is not incest; classifying criminal penalty for incest; defining desecration and classifies criminal penalties for unlawful disinterment, desecration, injury to a grave marker or damage to cemetery; prohibiting certain demonstrations at a funeral; classifying criminal penalty for prohibited funeral demonstrations; classifying criminal penalty for obscene, anonymous and threatening phone calls; classifying criminal penalties for cruelty to animals; classifies criminal penalty for animal fighting, attending an animal fighting venture, or wagering at an animal fighting venture; establishing circumstances, sufficiency and application of a search warrant related to animal cruelty; extending search warrant authority for birds or animals kept for fighting to natural resources police; clarifying extent of searches without a warrant for fighting animals or birds; creating and defining the crime of sexual abuse of an animal and prescribing penalties, including providing for forfeiture of animals, payment of associated costs, providing for restrictions on owning animals upon conviction; and requiring psychiatric evaluation and payment of costs in certain circumstances. classifying criminal penalty for unlawful admission of children to places injurious to health or morals; classifying criminal penalty for under age false identification; classifying criminal penalty for criminal invasion of privacy; classifying criminal penalty for nonconsensual public disclosure of private intimate images; classifying criminal penalty for criminal loitering within certain distances of minor victims of sexually violent offenses or offenses; classifying penalties for disclosing or making photographs of accident or emergent situations public; classifying penalties for therapeutic deception; classifying penalties for therapeutic deception; expanding definition of computer applied to obscene matter and minors; classifying criminal penalties for distribution and display to minor of obscene matter; classifying criminal penalties for use of obscene matter with intent to seduce minor; classifying criminal penalties for use of minor to produce obscene matter or assist in doing sexually explicit conduct; classifying criminal penalties for sexual assault in the first degree; classifying criminal penalties for sexual assault in the second degree; classifying criminal penalties for sexual assault in the third degree; providing definitions of terms related to the criminal offense of sexual extortion; establishing the elements of the crime of sexual extortion; classifying criminal penalties for sexual abuse in the first degree; classifying criminal penalties for sexual abuse in the second degree; classifying criminal penalties for sexual abuse in the third degree; classifying enhanced criminal penalties for subsequent offenses committed by those previously convicted of sexually violent offenses against children;; classifying criminal penalties for imposition of sexual acts on persons incarcerated or under supervision; delineating evidentiary standards for sexual offenses; delineating how courts may terminate certain parental rights when person is convicted for offenses against children; specifying that Ignorance of victim creates incapacity to consent; allowing court to require payment of treatment cost for victim; providing limits on interviews of children eleven years old or less; providing for Forensic Medical Examination Fund for training of sexual assault nurse examiners; providing for payment for costs of forensic medical examination; requiring study of reimbursement of such costs and associated recordkeeping, disclosure standards, and confidentiality; providing a definitions of ‘coerce’ and ‘visually portray’ in the context of the crime of filming sexually explicit conduct of minors; classifying criminal penalty for producing a visual portrayal of a minor in sexually explicit conduct; providing for enhanced penalty when parent distributes material displaying a child under their care in sexually explicit conduct; classifying penalties when any person distributes or exhibits material displaying a minor in sexually explicit conduct; classifying penalties for production, display or distribution of visual portrayals of partially clothed minors; defining ‘visual portrayal’ in context of prohibited possession, manufacture or distribution of inappropriate sexual portrayals by a minor; clarifying the definition of ‘parent’ in context of child abuse to include step or foster parent; classifying criminal penalties for murder of custodial child for failure or refusal to supply necessities; clarifying definition of ‘recognized method of religious healing’ in context of murder of custodial child for failure or refusal to supply necessities; classifying criminal penalties for death of a child by child abuse; classifying criminal penalties for child abuse causing or creating a risk of injury; classifying the criminal penalty for female genital mutilation; classifying the criminal penalty for child neglect resulting in death; in context of the crime of child neglect resulting in death, clarifying that care through recognized method of religious healing in lieu of medical treatment may not constitute neglect; defining recognized method of religious healing; classifying the criminal penalty for sexual abuse by a parent, guardian, custodian or person in a position of trust to a child; classifying the criminal penalty for procuring, authorizing or inducing another to engage in sexual acts with a child under their care or custody; sexual abuse by a parent, guardian, custodian or person in a position of trust to a child; parent, guardian, custodian, or person in a position of trust procuring, authorizing, inducing a to a child sixteen or older; definition of terms related to nuisances; designated elements for maintaining a nuisance; providing standing to bring an action to abate a nuisance; venue for a nuisance action; evidence and proof related to an action to abate nuisance; provisions and procedures related to an action to enjoin a nuisance; prima facie evidence of a nuisance; prosecution of a nuisance complaint; provisions for dismissal of a nuisance action; award of costs related to a nuisance action; when existence of nuisance established permanent injunction required; order of abatement for a nuisance; elements of a nuisance abatement order; removal and sale of movable property from a nuisance; liability of officers disposing of property from a nuisance proceeding; criminal offense of contempt related to nuisance proceedings; definition of terms related to gaming and gambling; criminal offense for possessing or dealing in unlicensed gaming devices or permitting an unlicensed gambling device on premises under unauthorized ownership, leasehold, occupation or possession; seizure of unlicensed gaming or gambling devices; criminal offense of acting as a guard or interfering with lawful intervention for gambling premises; criminal offense of unauthorized wagering on outcomes of uncertain events or prohibited games; criminal offense of betting on games of chance; criminal offense for a unauthorized commercial gambling at a hotel or tavern; criminal offense for cheating at gaming; criminal offense of unauthorized dealing in gambling device; defining lottery and raffle; criminal offense for unauthorized operation of an illegal lottery or raffle; criminal offense for unauthorized sale of a voucher or certificate for gambling on outcome of sporting events, games of skill or other sport or contest; declaring premises for unauthorized commercial gambling a nuisance; providing that proceeds of an illegal lottery forfeit to the state; criminal offense of keeping policy or numbers slips; seizure of designated gambling devices and equipment; providing seizure authority for gambling articles or apparatuses; classifying criminal penalties for crime of certain public officials with pecuniary interest in certain public contracts; classifying the criminal offense of unlawful showing of pictures, advertisement or theatrical productions calculated to arouse prejudicial ire or feelings; classifying the criminal offense of lobbying on the floor of the legislature; classifying the crime of employers who fail or refuse to pay contracted employment benefits or contributions; clarifying the elements of the crime of bribery of participants in professional or amateur games and horse racing; classifying the criminal penalty for debt pooling; clarifying the elements of the crime of debt pooling; classifying the criminal penalty for failure to maintain and affix a cover for a water well; classify the penalty for the crime of conspiracy; classify the penalty for the crime of unlawful contact with a corrections employee or a member of the parole board; classifying the penalty for prohibited sale of certain caffeine products; generally providing for the sentence of felons; providing corruption of blood and forfeiture of estate abolished; providing the commission of a felony shall not stay or merge any civil remedy. classifying the criminal penalties for punishment of principals in the second degree and designated accessories; delineating attempt crimes and the classification and penalties for the same; classifying the criminal penalties for solicitation to commit certain crimes; delineating punishments for second or third offense of felony; explaining the treatment of cumulative sentences; providing for pretrial diversion agreements, conditions of the same, and for drug court programs; providing for deferred adjudication; providing for expungement of certain criminal convictions with approved treatment or recovery and job program; providing for limitation on expungement for certain motor vehicle traffic control offenses; classifying the criminal penalties for crimes related to post mortem examinations; classifying the criminal penalties for failing to secure a cremation permit; clarifying evidentiary admissibility of autopsy reports an investigations; classifying the penalties for organized criminal enterprise offenses; classifying the criminal penalties for the offense of human trafficking; classify the criminal penalties for the offense of forced labor; classifying the criminal penalties for the offense of using adults or minors in debt bondage; classifying the criminal penalties for the offense of coercing or compelling an individual to engage in commercial sexual; classifying the criminal penalties for the offense of patronizing a victim of sexual servitude; establishing that an individual convicted of a human trafficking offense who is sentenced to life without mercy is not eligible for parole; providing immunity for minor victims of sex trafficking; providing for vacation and expungement of criminal conviction for persons sexually trafficked; classifying the criminal penalty for money laundering; classifying the criminal penalty for prohibited use of unmanned aircraft systems; classifying criminal offenses and respective sentencing dispositions; establishing that felonies are classified into six categories and misdemeanors are classified into three categories; providing that petty offenses are not classified; establishing that criminal classification is derived from the defining criminal section or chapter; establishing that petty offenses are specifically designated to include any crime without specified designation or classification; providing that offenses noted outside Chapter 61 which are not designated as a felony, misdemeanor or petty offense, are punished under the prescribed statutory penalty; unless provided otherwise felony imprisonment sentence is a term of definite years; establishing respective range of felony terms of imprisonment into six classifications; establishing respective range of misdemeanor terms of imprisonment within three classifications; providing discretion to the sentencing court to treat a Class 6 felony as a Class 1 misdemeanor with noted exceptions; providing the trial court impose its sentence within designated range of maximum and minimum terms; requiring the court to consider aggravating and mitigating circumstances as well as the pre-sentence report; providing potential increased sentence for crimes near a school which may exceed maximum sentencing limits; provides that a felony sentence must be a definite term of years served in the state department of corrections; establishing requirements for transfer of custody; providing a range of imprisonment term for all six felony classes; providing that misdemeanor sentences are for a definite term to be served at somewhere other than the state department of corrections; establishing respective limitations of imprisonment for the three classes of misdemeanors; providing discretion to the court, in certain circumstances, to treat a Class 6 felony as a Class 1 misdemeanor; providing for reimbursement of incarceration costs for misdemeanor offenses; providing court with discretion to increase sentence by one year for offenses near a school; establishing that school vicinity sentence enhancement may exceed statutory limit; further providing that if the victim of an offense is a child but is not within the designated range of a school that the court may consider relevant circumstances and increase the sentence two years; establishing fines for felony offenses; establishing fines for misdemeanor offenses; for purposes of sentencing, defining an ‘enterprise’ as any entity other than a person; providing graduated penalty of fines imposed upon enterprise for criminal offenses; establishing that a judgment of fine against an enterprise constitutes a lien; establishing relevant factors for the court to consider when sentencing an enterprise for criminal conduct; requiring the court to order a person incarcerated for a criminal offense to pay incarceration costs; establishing factors for the court to consider when assessing payment of incarceration costs; providing that an alleged victim of sexual offense may not be required to submit to a polygraph examination or other truth telling device as a condition of investigating an alleged offense nor may prosecutors or law-enforcement officers decline to proceed if the victim refuses such examination; delineating eligibility for probation; and, providing for a period of extended supervision for certain sexual offenders”; to the Committee on the Judiciary.
By Delegates Espinosa, Steele, Foster, Clark, Maynor and Ellington:
H. B. 4024 - “A Bill to amend §30-27-8a and §30-27-8b of the Code of West Virginia, 1931, as amended, all relating to creating a cosmetology apprenticeship program that allows companies to train an apprentice, in whole or in part, for practical real-world experience; and providing that such apprenticeships shall count towards certification as if the apprentice had completed beauty school and satisfied other necessary requirements”; to the Committee on Workforce Development then Government Organization.
By Delegates Anderson, J. Kelly, Zatezalo, Pethtel, Riley, Boggs, Bridges, Evans, Maynard, Paynter and Burkhammer:
H. B. 4025 - “A Bill to amend and reenact §11-13A-3c of the Code of West Virginia, 1931, as amended, relating to imposition of tax on privilege of severing other natural resources; providing for an exemption from the imposition of the tax for a maximum period of 5 years beginning January 1, 2022, for severing rare earth elements and other critical minerals; and defining rare earth elements and other critical minerals”; to the Committee on Energy and Manufacturing then Finance.
By Delegates Westfall and Criss:
H. B. 4026 - “A Bill to amend and reenact §17C-7-1 of the Code of West Virginia, 1931, as amended, relating to requiring operators of vehicles to drive in rightmost portion or lane of roads or highways and exceptions thereto”; to the Committee on Technology and Infrastructure then the Judiciary.
By Delegate Lovejoy:
H. B. 4027 - “A Bill to amend and reenact §11-13DD-3 of the Code of West Virginia, 1931, as amended, relating to the Farm-To-Food Bank Tax Credit; raising the limit on the tax credit from $2,500 to $5,000; and providing that the credit apply retroactively to January 1, 2022”; to the Committee on Agriculture and Natural Resources then Finance.
By Delegates Howell, Householder, Storch, Hott, Nestor, Paynter, Maynard, Hamrick, Criss, Rohrbach and Riley:
H. B. 4028 - “A Bill to amend and reenact §11-6-11 of the Code of West Virginia, 1931, as amended, relating to the board of public works assessing a flat fee on land owned by a railroad, telegraph, telephone, or pipeline that are not considered fit for use but are held by a railroad, telegraph, telephone, or pipeline for any reason, including potential future use; providing that the board of public works shall consult with the counties in which land owned by a railroad, telegraph, telephone, or pipeline lie; and providing for an effective date”; to the Committee on Technology and Infrastructure then Finance.
By Delegates Howell, Householder, Storch, Hott, Nestor, Paynter, Maynard, Hamrick, Criss, Rohrbach and Riley:
H. B. 4029 - “A Bill to amend and reenact §11-1C-11 of the Code of West Virginia, 1931, as amended, relating to the creation of an online renewal process for the Managed Timberland Program of the West Virginia Division of Forestry; creating a deadline for the Division of Forestry to maintain an online renewal application form; providing guidelines for initial information on the form; ensuring the submission of the form is of no cost to the individual; and preserving any costs for the initial application that is used by the West Virginia Division of Forestry”; to the Committee on Agriculture and Natural Resources then Government Organization.
By Delegates Jennings, Steele, Foster, D. Jeffries, Phillips, McGeehan, Sypolt, Hanna, Householder, Fast and B. Ward:
H. B. 4030 - “A Bill to amend and reenact §55-19-7 of the Code of West Virginia, 1931, as amended, relating to the removing the protection of the Act from employers that require vaccinations as a condition of employment”; to the Committee on Workforce Development then Health and Human Resources.
By Delegates Conley, Kimble, G. Ward, Horst, Mazzocchi, Phillips, Pritt, Longanacre, Kimes, J. Jeffries and McGeehan:
H. B. 4031 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-1-22; and to amend said code by adding thereto a new section, designated §16-2-18, all relating to prohibiting mask mandates by the State of West Virginia; and prohibiting local health departments in West Virginia from instituting any type of mandatory mask mandate or face covering requirement”; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Smith, Steele, Brown, Lovejoy, McGeehan, Rowan, Ellington, Skaff, Hanshaw (Mr. Speaker), Capito and Garcia:
H. B. 4032 - “A Bill to amend and reenact §61-8D-3 and §61-8D-4 of the Code of West Virginia, 1931, as amended, all relating to modifying the criminal penalties imposed on a parent, guardian or custodian for child abuse resulting in injury and child abuse or neglect creating risk of injury; providing that a prior conviction under this section subjects a person to increased penalties; defines a prior conviction; and establishing that a judicial officer has discretion to impose a misdemeanor sentence”; to the Committee on the Judiciary.
By Delegates Howell, B. Ward, Smith, Criss, Phillips, Horst, Pritt, Pack, Zatezalo, Linville and Haynes:
H. B. 4033 - “A Bill to amend and reenact §8-12-14 of the Code of West Virginia, 1931, as amended, relating to prohibiting counties from charging for a building permit if the value of the improvement is less than that which is required for a contractor’s license”; to the Committee on Political Subdivisions then Government Organization.
By Delegate Cooper:
H. B. 4034 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24A-2-2c, relating to limits on administrative fees for towing and storage services and rates for the use of multiple wreckers; and requiring a rule to be proposed for legislative approval”; to the Committee on Government Organization.
By Delegates Rohrbach, D. Jeffries, Keaton, Lovejoy, G. Ward, Rowan and Jennings:
H. B. 4035 - “A Bill to amend and reenact §16-30-3 and §16-30-4 of the Code of West Virginia, 1931, as amended, all relating to health care decisions; defining terms; revising forms of a living will, medical power of attorney, and combined medical power of attorney and living will and specific provisions; providing clarifying language regarding the effect of signing a living will on the availability of medically administered food and fluids; requiring oral food and fluids be provided as desired and tolerated; providing that forms executed prior to effective date of this bill remain in full force and effect; and providing for effective date”; to the Committee on the Judiciary.
By Delegates Howell, Summers, Smith, Criss, Phillips, Horst, Pritt, Pack, Zatezalo, Linville and Haynes:
H. B. 4036 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §37-16-1, §37-16-2, and §37-16-3, all relating to the creation of the West Virginia Title Protection Act; providing for legislative findings; ensuring that rightful property owners retain title to their property free of all encumbrances when fraudulent or wrongful claims are listed against their property, or loans are taken out using fraudulent means; and providing for a mechanism for county clerks to provide notice to rightful landowners when property is transferred or when titles are filed or modified against property”; to the Committee on the Judiciary.
By Delegate Rowe:
H. B. 4037 - “A Bill to amend and reenact §11-13J-6, §11-13J-8, and §11-13J-12 of the Code of West Virginia, 1931, as amended, all relating to extending the Neighborhood Investment Program Act; increasing the aggregate limit for the tax credit authorized under the program; and extending duration of the program until July 1, 2027”; to the Committee on Finance.
By Delegates Horst, Summers, Steele, Linville, Kimble, Smith, Crouse, B. Ward, Hanna, Booth and Phillips:
H. B. 4038 - “A Bill to amend and reenact §61-7-3, §61-7-6, and §61-7-7 of the Code of West Virginia, 1931, as amended, all relating to allowing those persons 18 to 20 years old to be able to carry a concealed deadly weapon without a permit, as is presently allowed for those persons 21 years and older”; to the Committee on the Judiciary.
By Delegate Hansen:
H. B. 4039 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22-11-22b, relating to allowing increased civil administrative penalties to be promulgated by legislative rules of by the Department of Environmental Protection, for individual or general construction stormwater, West Virginia Department of Environmental Protection National Pollutant Discharge Elimination System permits, and General Water Pollution Control Permits for larger acreage permits; providing for doubling penalties for projects of certain sizes; providing for projects at least 500 acres have larger penalties assessed for violations; providing for rulemaking; providing for additional penalties based on the number of violations; and providing for resolution of code conflict in favor of legislative rules promulgated according to this section”; to the Committee on the Judiciary then Finance.
By Delegate Hansen:
H. B. 4040 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §24-2I-1, §24-2I-2, §24-2I-3, §24-2I-4, §24-2I-5, and §24-2I-6, all relating to establishing the West Virginia Energy Efficiency Jobs Creation Act; creating short title; establishing findings and purpose; defining terms; requiring electric utilities to develop and implement energy efficiency programs; establishing duties of the Public Service Commission; establishing certain requirements that the commission is to impose on electric utilities; providing requirements of electric utilities; requiring the commission to make reports to the Legislature; providing a self -direct option for an energy efficiency plan for eligible primary or secondary electric customers; establishing eligibility requirements; establishing duties of the commission; establishing requirements for self-directed energy efficiency plans; requiring electric providers to provide an annual report to the commission that includes certain information on the implementation of self-directed energy optimization plans; and requiring the commission to order certain participating customers that fail to meet the minimum energy efficiency goals of the self-directed plan to repay to the provider certain charges the customer avoided”; to the Committee on Technology and Infrastructure then the Judiciary.
By Delegate Summers:
H. B. 4041 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §48-10-1301, relating to providing for an expedited hearing for grandparent visitation when one of the parents has died”; to the Committee on Senior, Children, and Family Issues then the Judiciary.
By Delegates Keaton, Pinson, Burkhammer, Barnhart, Crouse and Holstein:
H. B. 4042 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3-60, relating to crimes against houses of worship, increasing criminal penalties for crimes against houses of worship, as defined by this section”; to the Committee on the Judiciary.
By Delegate Keaton:
H. B. 4043 - “A Bill to amend and reenact §55-7-29 of the Code of West Virginia, 1931, as amended, relating to punitive damages against nonprofit organizations”; to the Committee on the Judiciary.
By Delegate Keaton:
H. B. 4044 - “A Bill to amend and reenact §59-3-3 of the Code of West Virginia, 1931, as amended, relating to reducing rates for legal advertising”; to the Committee on the Judiciary.
By Delegate Keaton:
H. B. 4045 - “A Bill to amend and reenact §11-6C-2 of the Code of West Virginia, 1931, as amended, relating to modifying the valuation of market value of dealer vehicle inventory”; to the Committee on Finance.
By Delegate Keaton:
H. B. 4046 - “A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to allowing a surviving spouse one additional tax exemption of $20,000 beginning after December 31, 2022, for two taxable years after the death of the spouse; and defining surviving spouse”; to the Committee on Pensions and Retirement then Finance.
By Delegate Criss:
H. B. 4047 - “A Bill to amend and reenact §11-6K-1 and §11-6K-3 of the Code of West Virginia, 1931, as amended, all generally relating to the assessment and valuation of industrial property and natural resource property; for assessments made on or after July 1, 2023, providing that the arithmetic means for annual production and average coal price to value coal properties shall be based upon the full calendar year immediately preceding the July 1 assessment date; providing that the Tax Commissioner shall utilize an average coal density of 1800 tons per acre foot, unless clear and convincing evidence is submitted by a taxpayer establishing a lower density value; providing that density information reported on returns, due on or before May 1 of each year, shall be used to determine values for the immediately following July 1 assessments; providing that the Tax Commissioner shall take into consideration economic viability and engineering considerations when establishing values for coal properties; providing that coal beds which are of a thickness of less than 35 inches shall not be classified as mineable coal for valuation for property tax purposes unless there is clear and convincing evidence to the contrary; providing that no permitted coal seam may be classified for taxation as active until actual depletion of coal commences under a permit; providing that for any owner, operator, or producer which fails to make a return within the time required, any and all penalties imposed shall be equally and uniformly applied across all forms of industrial property and natural resources property; and specifying an effective date”; to the Committee on Finance.
By Delegates Horst, Householder, Howell, Linville, Fast, B. Ward, Dean and Kimble:
H. B. 4048 - “A Bill to amend and reenact §20-2-5 of the Code of West Virginia, 1931, as amended, relating to clarifying that persons may lawfully possess loaded rifles and shotguns in their vehicles unless the totality of the circumstances indicate that those persons are attempting to take wildlife”; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegate Keaton:
H. B. 4049 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2Q-1, §16-2Q-2, §16-2Q-3, §16-2Q-4, §16-2Q-5, §16-2Q-6, §16-2Q-7, §16-2Q-8, §16-2Q-9, §16-2Q-10, §16-2Q-11, §16-2Q-12, and §16-2Q-13, all relating to enacting the Fetal Heartbeat Act; prohibiting abortions when a fetal heartbeat is detected; providing that the article applies only to intrauterine pregnancies; providing exceptions; making findings; providing for severability; establishing standards, requirements, and procedures; requiring documentation; requiring notice and acknowledgments; establishing criminal penalties; permitting civil actions; defining terms; and providing for rulemaking”; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Summers and Hanshaw (Mr. Speaker):
H. B. 4050 - “A Bill to amend and reenact §19-18-1 of the Code of West Virginia, 1931, as amended, relating to defining terms related to livestock trespassing”; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Bates, Householder, Criss, Steele and Foster:
H. B. 4051 - “A Bill to repeal §19-20-2 of the Code of West Virginia, 1931, as amended, relating to the ‘Save All Baby Dogs Act of 2022’; repealing collection of head tax on dogs by county assessors”; to the Committee on Finance.
By Delegates Smith, Steele, D. Jeffries, Householder, Horst, Phillips, Howell, Ellington, Rohrbach, Brown and Dean:
H. B. 4052 - “A Bill to amend and reenact §61-6-19 of the Code of West Virginia,1931, as amended; and to amend said code by adding thereto a new section, designated §61-7-18, all relating to carrying a concealed handgun by off duty or retired law-enforcement officers; authorizing off duty or retired law-enforcement officers to conceal carry on and in the State Capitol Complex; and to define terms”; to the Committee on the Judiciary.
By Delegates Mazzocchi, Steele, Householder, Paynter, J. Jeffries, Bridges, Booth, Kessinger, Burkhammer, Horst and Longanacre:
H. B. 4053 - “A Bill to amend and reenact §55-7-22 of the Code of West Virginia, 1931, as amended, relating to use of force, including deadly force, in defense of self, real, and personal property; providing immunity from civil and/or criminal prosecution against persons lawfully using force in defensive actions; when there is no duty to retreat; and providing for the receipt of court costs, fees, and expenses for persons acting to protect self, real, and personal property, another person or in other defined situations”; to the Committee on the Judiciary.
By Delegate Hansen:
H. B. 4054 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §22-10A-1, §22-10A-2, §22-10A-3, §22-10A-4, §22-10A-5, §22-10A-6, §22-10A-7, §22-10A-8, §22-10A-9, and §22-10A-10, all relating to the creation of the Orphan Oil and Gas Well Prevention Act of 2021; preventing oil and gas wells from being orphaned on surface owner’s land with no responsible driller or operator with the resources to plug the well; the procedures for prevention of orphaned wells; and requiring plugging money set aside as escrow in the office of the State Treasurer”; to the Committee on Energy and Manufacturing then the Judiciary.
By Delegate Hansen:
H. B. 4055 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-1-9g; and to amend said code by adding four new sections, designated §22-11-31, §22-11-32, §22-11-33, and §22-11-34, all relating to creating the Clean Drinking Water Act of 2022; directing the Secretary of the Department of Public Health to propose maximum contaminant levels or treatment techniques for certain PFAS pollutants; creating the West Virginia PFAS Action Response Team to act as an advisory body within the Department of Environmental Protection; setting forth the team’s responsibilities and powers; requiring facilities using certain PFAS chemicals to report their use; setting forth other duties of those facilities; requiring the Secretary of the Department of Environmental Protection to propose updates to the numeric Public Water Supply human health criteria; and requiring rule-making”; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Keaton and Holstein:
H. B. 4056 - “A Bill to amend and reenact §8-12-14 of the Code of West Virginia, 1931, as amended, relating to modifying the amount of personal exemption for personal income tax in West Virginia”; to the Committee on Finance.
By Delegate Keaton:
H. B. 4057 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §55-20-1, §55-20-2, and §55-20-3, relating to claims arising from manufacturing, limiting the liability of such firms to those acts of gross negligence or willful misconduct”; to the Committee on the Judiciary.
By Delegates Howell, Criss, Smith, Phillips, B. Ward, Horst, Pritt, Pack, Zatezalo, Linville and Haynes:
H. B. 4058 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-9c, relating to installation of individual stalls in the bathrooms of public schools”; to the Committee on Education.
By Delegates Rohrbach, D. Jeffries, Summers, Pack, Ward, Worrell, Rowan, Forsht, Mallow, and Jennings:
H. B. 4059 – “A Bill to amend and reenact §29-6-2 and §29-6-4 of the Code of West Virginia, 1931, as amended, relating to exempting new Department of Health and Human Resources’ Deputy Commissioners from civil service”; to the Committee on Health and Human Resources.
By Delegates Rohrbach, Summers, Reed, Tully, Pack, Ward, Bates, Worrell, Rowan, Forsht and Jennings:
H. B. 4060 — A Bill to repeal §16-5Z-1, §16-5Z-2, §16-5Z-3, §16-5Z-4, and §16-5Z-5 of the Code of West Virginia, 1931, as amended; to repeal §16-52-1, §16-52-2, §16-52-3, §16-52-4, and §16-52-5 of said code; and to repeal §16-55-1, §16-55-2, §16-55-3, §16-55-4, §16-55-5, §16-55-6, and §16-55-7 of said code, all relating to repealing outdated sections of code”; to the Committee on Health and Human Resources.
Leaves of Absence
At the request of Delegate Summers, and by unanimous consent, leaves of absence for the day were granted Delegates Graves and Phillips.
At 12:34 p.m., on motion of Delegate Summers, the House of Delegates recessed until 5:00 p.m.
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Evening Session
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The House of Delegates was called to order by the Honorable Roger Hanshaw, Speaker.
Messages from the Executive
The following communication from His Excellency, the Governor, was read by the Clerk:
State of West Virginia
OFFICE OF THE GOVERNOR
Charleston, WV
January 12, 2022
Dear Mr. President, Mr. Speaker, and distinguished members of the West Virginia Legislature:
In times the likes of which we have never seen before, and with this message being conveyed in a manner it has never been before, I am happy to report to you that the State of our State has never been stronger.
With this message, I am also delivering my FY2023 budget, which I am incredibly proud to say is essentially flat for the fourth year in a row, which includes a third historic pay raise for our state employees.
I sincerely apologize for not being able to be with you in person to deliver these remarks. As we prepare to embark on the third year of the coronavirus pandemic, I regret to inform you that last evening I tested positive for COVID-19. While I was surprised that my test results came back positive, I am thankful to the Lord above that I have been vaccinated, I have been boosted, and that I have an incredible support system, especially my loving family. For this to happen just one night before the State of the State-knowing I am not able to be there-saddens me. There are so many great things happening in West Virginia right now that I am excited to share with you.
We have proved that the rocket ship ride I promised the people of West Virginia is real. We have set records with our revenue growth. Our employment numbers are the best they have been in state history. Tourism in West Virginia is exploding - every travel publication says our state is the place to be. And we have accomplished all this while responding to a once-in-a-lifetime pandemic.
People are more excited than ever to be in West Virginia. From April 2010 to July 2019, more than 43,000 people moved out of the state. But things are changing. People are moving here instead of leaving. Businesses are moving here and expanding operations here. From 2020 through 2021, net migration is up in West Virginia for the first time in decades, with over 2,000 people moving into our state, making West Virginia one of the top states in the entire nation that people are moving into on a percentage basis.
We are shedding our image of being uneducated, dusty, poor, and backward. We are shedding our image of being bankrupt and a place business cannot operate because of our legal system. Together, we will continue to shed the dead weight that has been holding us back for years so we can continue to climb higher and higher on our journey to prosperity in West Virginia.
After concluding FY2021 with a $413 million revenue surplus despite the effects of the COVID-19 pandemic on the state’s economy, we continue to achieve surplus after surplus. Halfway through FY2022, year-to-date collections of nearly $2.650 billion are $475 million above estimate.
Our unemployment rate has dramatically declined from 7.1 % in January 2021 to 4.0% today, the lowest rate recorded in all of state history. These figures represent over a 60% improvement in West Virginia’s unemployment rate, which is now one of the lowest in the nation.
Last year, you honored me with approving my request to create a separate Department of Economic Development and to elevate this position to that of a Cabinet Secretary. The purpose of this was to provide a laser focus on job recruitment and broadband expansion. The new Department of Economic Development is operating efficiently and achieving incredible success.
In 2021, more than $1.1 billion was invested in West Virginia by 39 different companies through Economic Development efforts and activities. This led to the creation of more than 1,330 new jobs, while retaining more than 6,400 additional jobs in the state. In the calendar year of 2021 - the first year of the Department of Economic Development - total employment in West Virginia has increased by over 36,000 jobs.
I want to express my support for your plan to get more marketable business-ready sites in West Virginia. Our Department of Economic Development needs the tools and flexibility to get potential industrial and business sites ready for companies looking at our state. Then we can pitch more companies to locate here, knowing the groundwork is already in place.
We are continuing to recruit world-class companies to our state as shown in three major announcements today. Nucor Corporation announced today that they selected Mason County as the location for a state-of-the-art sheet steel mill. This record investment will exceed $2. 7 billion, making it the largest in West Virginia history, as well as the largest single investment Nucor has ever made. Nucor is going to be a key part of West Virginia’s DNA long into the future.
Also this morning, GreenPower Motor Company announced an agreement with the state to manufacture zero-emission, all-electric school buses in South Charleston, bringing hundreds of new jobs and millions of dollars in economic impact to West Virginia. Their operation will bring up to 200 new jobs to the state when manufacturing begins later this year, with the potential workforce to eventually reach up to 900 new jobs when full production is reached in 24 months. As we continue to diversify our economy, manufacturing these zero-emission school buses in West Virginia will open up a world of opportunities for our state.
Finally, this afternoon we announced that Owens & Minor, a Fortune 500 company that provides medical supplies, is going to expand on a deal they previously had with WVU Medicine and create over 125 jobs at a healthcare products preparedness and supply center in Morgantown. Together with the state, Owens & Minor will invest an estimated $50 million in West Virginia. The COVID-19 pandemic has taught us all that preparedness and resiliency are incredibly important, so this partnership is more than just another business deal, it will have real-world positive benefits for all West Virginians.
These announcements are historic, but incredibly, they are just the beginning. West Virginia is finally competing on the world stage and we are all witnessing the results firsthand.
For the fourth year in a row, I am proposing an essentially flat budget, which includes a third historic pay raise and Inflatocine for our state employees. My budget is only 1.4% higher than last year, far below the 7% inflation rate being seen across our country. We are not dipping into the Rainy Day Fund, which I am proud to report now has over $1 billion in funding! We are blessed as a state with the flexibility to fund projects out of our surplus funds without building the base of our budget into the future.
We are all aware of the effect inflation has had on all West Virginians. Today, it was reported that the consumer price index rose 7% in the month of December, according to the U.S. Labor Department. This is the fastest increase since June 1982, when inflation hit 7.1 %. My proposed Inflatocine will help West Virginians who are hurting when they go to the gas pump or the grocery store. I need your support to pass this one-time pay supplement for our hardworking state employees, teachers, and service personnel.
West Virginia continues to lead the way with our response to the COVID-19 pandemic. As the first state in the U.S. to offer the vaccine to every single one of our seniors in nursing homes, I have championed the vaccines from the very beginning. Despite being COVID-positive myself, I believe that my symptoms would have been much worse if I were not fully vaccinated and boosted. I know in my heart that the more we have vaccinated, the less will die.
At the same time, however, we have struck the right balance to make sure our people do not fragment. I stand rock-solid behind our people being able to make that important medical choice for themselves in consultation with their doctor. I do not believe that anyone should be required to get vaccinated to continue collecting a paycheck and put food on the table for their family. Instead of forcing people to get the vaccine, we created incentives to excite people and get them across the finish line. Our Do it for Babydog vaccination sweepstakes was one of the most well-known vaccine incentive programs in the entire country.
Today, we are leading the way for the nation yet again. Last week, I sent a letter to President Joe Biden, asking him to direct the FDA and CDC to authorize West Virginia to begin offering a fourth dose of the vaccine to certain at-risk citizens four months after their first booster. West Virginia was the first state in the nation to make this request. We will continue to be the light in the dark, until this pandemic is behind us once and for all.
We continue to feed investment in our food banks. Fighting food insecurity has always been a big priority of mine. But it has been especially important during the pandemic. That is why I am incredibly proud to report that, in 2021 alone, we provided millions of support to food banks across West Virginia! Thanks to your help in the Legislature, we were able to put $1 million into last year’s budget for our state’s two biggest food banks, and I will be respectfully requesting the same amount in my FY2023 budget.
Using the same responsible and conservative approach that we have utilized in recent years, my flat budget proposal will take care of all of our citizens, while allowing us to continue building upon our momentum right now in West Virginia.
We are going to continue to make education our centerpiece by investing in our greatest treasure - our children. We are going.to continue funding Communities In Schools because it’s working, and impacting over 70,000 West Virginia students each year.
We are going to continue to pave the Roads to Prosperity by funding much-needed road repairs and infrastructure projects.
We are going to keep supporting our life-changing Jobs & Hope program that continues to rescue West Virginians from the pits of addiction and allows them to re-enter society with a renewed purpose and outlook, and - as always - we are going to continue to invest in economic development all across our state, letting the outside world know that West Virginia is the diamond in the rough that everyone has missed.
I hope this provides a picture of all the incredible things we are achieving, and will continue to achieve. But our accomplishments in West Virginia - the rocket ship ride that continues everyday - cannot be captured in a few short pages. That is why I would like to humbly and formally request to you, Mr. President and Mr. Speaker, a joint session of your bodies at a time after I have completed my recovery when I can deliver my full address in person and we can all celebrate the incredible State of our State together.
God bless all of you, and God bless the Great State of West Virginia.
Jim Justice
Governor, State of West Virginia
(Applause, Members rising in ovation)
* * * * * * *
Upon motion of Delegate Summers, and by unanimous consent, the House returned to the Eighth Order of Business for the purpose of introducing the Budget Bill in compliance with Subdivision (4), Subsection B, Section 51, Article VI of the Constitution.
The following communication from His Excellency, the Governor, was read by the Clerk:
State of West Virginia
OFFICE OF THE GOVERNOR
Charleston, WV
January 12, 2022
Executive Message No. 1
SECOND REGULAR SESSION
The Honorable Roger Hanshaw
West Virginia House of Delegates
State Capitol
Charleston, WV 25305
Dear Speaker Hanshaw:
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, 2022.
Sincerely,
Jim Justice
Governor
Bills Introduced
By Delegate Hanshaw, Mr. Speaker, and Delegate Skaff
[By Request of the Executive]:
H. B. 4023 - “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 were estimates of revenue, expenditures, etc., as required by Section 51, Article VI of the Constitution.
The Speaker referred the bill to the Committee on Finance.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
S. B. 8 - “A Bill to repeal §18-30-6a of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new article, designated §12-9-1, §12-9-2, and §12-9-3; to amend and reenact §18-30-1, §18-30-2, §18-30-3, §18-30-4, §18-30-5, §18-30-6, §18‑30-8, §18-30-10, §18-30-11, and §18-30-13 of said code; to amend said code by adding thereto a new section, designated §18-30-3a; and to amend and reenact §18-30A-2, §18-30A-3, §18-30A-5, §18-30A-6, §18-30A-8, and §18-30A-9 of said code, all relating generally to the state’s savings and investment programs; continuing the Savings and Investment Program Fulfillment Fund and relocating provisions authorizing said fund to a new article of code; clarifying that moneys in the fund may be used for certain savings and investment programs; updating the West Virginia College Prepaid Tuition and Savings Program Act to reflect the termination of the Prepaid Higher Education Program, Plan, and Trust Fund; eliminating obsolete language related to the Prepaid Tuition Program; providing a short title; defining terms; setting forth legislative findings and rules of statutory construction; continuing the West Virginia College Savings Program; continuing the Board of the College Prepaid Tuition and Savings Program and redesignating the board as the Board of Trustees of the West Virginia College and Jumpstart Savings Programs; clarifying that the board is a public instrumentality of the state and the issuer of interests in the Savings Plan Trust; increasing the number of board members; establishing qualifications of certain board members; establishing the duties and powers of the board with regard to the College Savings Program; authorizing the board to use financial organizations as program depositories and managers and providing requirements therefor; continuing the College Prepaid Tuition and Savings Program Administrative Account and redesignating said account as the College and Jumpstart Savings Administrative Account; authorizing certain expenditures from the administrative account; providing that the administrative account is a nonappropriated special revenue account; authorizing the board to take action to satisfy outstanding obligations of the Prepaid Tuition Trust Plan arising after the Plan’s closure; continuing the Prepaid Tuition Plan escrow fund; continuing the board’s authority to maintain a certain amount in the escrow fund for up to 10 years; continuing the board’s authorization to expend moneys from the escrow fund in certain circumstances; requiring the board to invest the moneys in the escrow fund; providing for closure of escrow fund; setting forth legislative findings and rules of statutory construction related to the Jumpstart Savings Program; defining terms; eliminating the West Virginia Jumpstart Savings Board; requiring the Board of Trustees of the West Virginia College and Jumpstart Savings Board to administer the Jumpstart Savings Program; establishing the powers of the Board of Trustees of the West Virginia College and Jumpstart Savings Programs to implement and administer the Jumpstart Savings Program; authorizing the board to enter into agreements with agencies, subdivisions, or other states regarding programs that are substantially similar to the Jumpstart Savings Program; providing that the Jumpstart Savings Program Trust is a public instrumentality of the state and shall issue interests in said trust to eligible members of the public; eliminating the Jumpstart Savings Expense Fund; providing that fees, charges, and penalties collected by the board in administering the Jumpstart Savings Program shall be deposited in the College and Jumpstart Savings Administrative Account; making Jumpstart Savings Program expenses payable from the administrative account; eliminating inapplicable language relating to selecting financial institutions to provide services for the Jumpstart Savings Program based on existing state purchasing exemption; specifying that the board may enter into a contract with financial institutions to provide services to both the College Savings and Jumpstart Savings programs; eliminating requirement that board take custody of Jumpstart Savings accounts prior to transferring accounts to a new program manager; and making numerous technical corrections”; which was referred to the Committee on Government Organization.
Miscellaneous Business
Pursuant to House Rule 94b, forms were filed with the Clerk’s Office to be added as a cosponsor of the following:
H. B. 2848: Delegate Barach;
H. B. 2849: Delegate Barach;
And,
H. B. 4048: Delegates Barrett, McGeehan and Steele.
Pursuant to House Rule 94b, forms were filed with the Clerk’s Office to be removed as a cosponsor of the following:
H. B. 2017: Delegate D. Kelly.
At 5:37 p.m., on motion of Delegate Summers, the House of Delegates adjourned until 11:00 a.m., Thursday, January 13, 2022.
HOUSE OF DELEGATES
STEPHEN J. HARRISON, Clerk
Building 1, Room M-212
1900 Kanawha Blvd., East
Charleston, WV 25305-0470