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Monday, February 7, 2022
TWENTY-SEVENTH DAY
[DELEGATE HANSHAW, MR. SPEAKER, IN THE CHAIR]
The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Roger Hanshaw, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Thursday, February 3, 2022, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
On motion for leave, a bill was introduced (Originating in the Committee on the Judiciary and reported with the recommendation that it do pass), which was read by its title, as follows:
By Delegates Capito, Fluharty, Garcia, D. Kelly, Nestor, Pack, Pritt, Pushkin and Queen:
H. B. 4522 - “A Bill to amend and reenact §61-11-25 of the Code of West Virginia, 1931, as amended, relating to expungement of criminal records; making expungement of records for certain defendants acquitted of all criminal charges or against whom charges were dismissed with prejudice eligible for expungement without any action by the person; providing for a petition for expungement of persons not eligible for expungement without action by the person; providing for a petition for expungement of persons charged with a felony offense no sooner than one year after the person is held to answer in circuit court without an indictment or information having been returned or filed; clarifying that persons found not guilty by reason of mental illness, mental retardation or addiction are exempt from the provisions of the section; and clarifying that persons with prior felony convictions are not eligible for expungement.”
Delegate Rohrbach, Chair of the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 4012, Prohibiting the showing of proof of a COVID-19 vaccination,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4012) was referred to the Committee on the Judiciary.
Delegate Rohrbach, Chair of the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 4089, Require certain coverage and reimbursement for a person diagnosed with hypertension,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
Pursuant to House Rule 80, the Speaker referred the bill (H. B. 4089) to the Committee on Finance.
Delegate Rohrbach, Chair of the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 4373, To exclude fentanyl test strips from the definition of drug paraphernalia,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4373) was referred to the Committee on the Judiciary.
Delegate Anderson, Chair of the Committee on Energy and Manufacturing, submitted the following report, which was received:
Your Committee on Energy and Manufacturing has had under consideration:
H. B. 4480, Granting to the West Virginia Department of Environmental Protection Division of Air Quality the authority to invest the money held in certain funds,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4480) was referred to the Committee on Finance.
Delegate Capito, Chair of the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4098, Relating to Geothermal Energy Development,
And reports back a committee substitute therefor, as follows:
Com. Sub. for H. B. 4098 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §22-33-1, §22-33-2, §22-33-3, §22-33-4, §22-33-5, §22-33-6, §22-33-7, §22-33-8, and §22-33-9, all relating to geothermal energy development; defining terms; applying the article to geothermal resources at temperatures above a minimum temperature and a minimum volumetric flow rate as set forth by the Department of Environmental Protection; excepting heat pump systems for private residential dwellings and farm buildings; clarifying and designating ownership rights to geothermal resources; providing findings and declaring geothermal resources as neither mineral nor water; defining the powers, duties, and limitations of the department; providing for rule making authority by the department; establishing permitting authority; setting parameters and parameter review and revisions; providing for waste disposal and reinjection of spent fluids; providing for plugging and reclamation; providing for cancellation or rejection of permits by the department under certain circumstances; providing for civil penalties and injunctions for violations of law, rules, or permits; assigning judicial jurisdiction for review; and establishing judicial relief,”
With the recommendation that the committee substitute do pass.
Delegate Capito, Chair of the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4032, Modifying the criminal penalties imposed on a parent, guardian or custodian for child abuse,
And reports back a committee substitute therefor, as follows:
Com. Sub. for 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; and providing a definition for a prior conviction,”
And,
H. B. 4297, To facilitate the sharing of information between the Department of Health and Human Resources and the State Auditor’s office in order to investigate reports of financial abuse and neglect of a vulnerable adult,
And reports back a committee substitute therefor, as follows:
Com. Sub. for H. B. 4297 - “A Bill to amend and reenact §9-6-8 of the Code of West Virginia, 1931, as amended, relating to the coordination of efforts and sharing of information between the Department of Health and Human Resources and the State Auditor’s Office for the purpose of conducting investigations of financial exploitation of a vulnerable adult,”
With the recommendation that the committee substitutes each do pass.
Delegate Ellington, Chair of the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 4011, Establishing the Anti-Stereotyping Act,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4011) was referred to the Committee on the Judiciary.
Delegate Householder, Chair of the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 4165, Authorizing the State Tax Department to promulgate a legislative rule relating to the Exemption for Repair, Remodeling, and Maintenance of Aircraft,
And,
H. B. 4168, Authorizing the Tax Department to promulgate a legislative rule relating to the Corporation Net Income Tax,
And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on Government Organization.
In accordance with the former direction of the Speaker, the bills (H. B. 4165 and H. B. 4168) were each referred to the Committee on Government Organization.
Delegate Householder, Chair of the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 4234, Authorizing the Treasurer to promulgate a legislative rule relating to the Substitute Checks-Exceptional Items Fund,
H. B. 4235, Authorizing the Treasurer to promulgate a legislative rule relating to Procedures for Deposit of Moneys with the State Treasurer’s Office by State Agencies,
H. B. 4236, Authorizing the Treasurer to promulgate a legislative rule relating to Selection of State Depositories for Disbursement Accounts Through Competitive Bidding,
H. B. 4237, Authorizing the Treasurer to promulgate a legislative rule relating to Selection of State Depositories for Receipt Accounts,
H. B. 4238, Authorizing the Treasurer to promulgate a legislative rule relating to Procedures for Processing Payments from the State Treasury,
H. B. 4240, Authorizing the Treasurer to promulgate a legislative rule relating to Procedures for Fees in Collections by Charge, Credit or Debit Card or by Electronic Payment,
And,
H. B. 4241, Authorizing the Treasurer to promulgate a legislative rule relating to Procedures for Providing Services to Political Subdivisions,
And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 4234, H. B. 4235, H. B. 4236, H. B. 4237, H. B. 4238, H. B. 4240 and H. B. 4241) were each referred to the Committee on the Judiciary.
Delegate Householder, Chair of the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 4239, Authorizing the Treasurer to promulgate a legislative rule relating to Reporting Debt,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4239) was referred to the Committee on the Judiciary.
Delegate Westfall, Vice Chair of the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 3rd day of February, 2022, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:
S. B. 244, Relating to appointment of judges to Intermediate Court of Appeals.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Technology and Infrastructure then Rules as follows:
Com. Sub. for S. C. R. 17 - “Requesting the Division of Highways name bridge number 02-032/00-001.22 (02A152), (39.40678, -78.02421), locally known as Tabler Station Overpass, carrying CR 32 over I-81 in Berkeley County, the ‘U.S. Air Force SSGT Logan A. Young Memorial Bridge’.”
Whereas, Logan Andrew Young was born in 1990, in Winchester, Virginia, the son of Steven B. Young and Beth A. Young. He grew up in Winchester, Virginia, where he graduated from Millbrook High School in 2008. He enlisted in the United States Air Force in 2011; and
Whereas, While serving on active duty in security forces, Logan A. Young was stationed at Kadena Air Base, Japan; RAF Alconbury, England; and Andrews Air Force Base, Maryland. He was deployed to the Middle East in 2012 and again in 2014. He joined the 167th Civil Engineering Squadron as a firefighter in 2018 and was a decorated Senior Airman with the 167th Airlift Wing of the West Virginia Air National Guard; and
Whereas, Senior Airman Logan A. Young, a nine-year veteran of the United States Air Force, lost his life in the line of duty while fighting a fire in the early morning hours of December 27, 2020, near Martinsburg, West Virginia; and
Whereas, Senior Airman Logan A. Young’s military awards include the Air Force Outstanding Unit Award, Air Force Good Conduct Medal with one Oak Leaf Cluster, Air Reserve Forces Meritorious Service Medal, National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Air Force Overseas Ribbon Long with 1 Oak Leaf Cluster, Air Force Expeditionary Service Ribbon with Gold Border, Air Force Expeditionary Service Ribbon, Air Force Longevity Service, USAF NCO PME Graduate Ribbon, Small Arms Expert Marksmanship Ribbon (Rifle), and the Air Force Training Ribbon; and
Whereas, Senior Airman Logan A. Young was posthumously promoted to the rank of staff sergeant; and
Whereas, SSGT Logan A. Young exemplified being a devoted and selfless patriot who loved his country, community, family, and fellow man. He was patient, passionate, and dedicated. He enjoyed playing soccer, basketball, fishing, and riding ATVs and his motorcycle. He was an avid Pittsburgh Steelers fan. SSGT Logan A. Young also had a great love for sneakers and owned enough Nikes to wear a different pair every day of the year; and
Whereas, SSGT Logan A. Young is survived by his daughter, Leira Ann Young, who was born six months after his death; his fiancée, London Brown, and her daughter Jesslyn Wolf; his brother and sister-in-law, Nathan Young and Daffne; his sister and brother-in-law, Danielle Brosan and Mike; and many aunts, uncles, cousins, and friends; and
Whereas, SSGT Logan A. Young was a hero to many, loved by all, and missed by those who knew him. SSGT Logan A. Young is forever in the hearts of his family and friends, as well as his military and fire department. As someone once said, “A hero is someone who has given his life to something bigger than oneself”—SSGT Logan A. Young was a hero; and
Whereas, It is fitting that an enduring memorial be established to commemorate SSGT Logan A. Young and his sacrifice 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 02-032/00-001.22 (02A152), (39.40678, -78.02421), locally known as Tabler Station Overpass, carrying CR 32 over I-81 in Berkeley County, the “U.S. Air Force SSGT Logan A. Young 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 SSGT Logan A. Young Memorial Bridge”; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways; a copy to the County Counsel of Berkeley County; two copies—one to his father Steven B. Young and a copy to his mother Beth A. Young; and to his daughter Leira Ann Young; his fiancée, London Brown; his brother and sister-in-law, Nathan Young and Daffne; and to his sister and brother-in-law, Danielle Brosan and Mike.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Technology and Infrastructure then Rules as follows:
S. C. R. 21 - “Requesting the Division of Highways name bridge number 40-034/00-021.21 (40A162), (38.53214, -81.89558) locally known as Winfield 34 over pass, carrying 34 over 817 in Putnam County, the ‘Putnam County Veterans Memorial Bridge’.”
Whereas, Putnam County is home to approximately 4,000 veterans ranging from the Korean War to the War in Afghanistan and make up about nine percent of West Virginia’s veteran population. Thousands of Putnam County residents have proudly served in the military from the Civil War to the War in Afghanistan and have received every commendation except the Medal of Honor. Putnam County is the home of three National Guard Units 111th Engineer Brigade,3664th Support Maintenance Company, B-Troop 1st of the 150th Armor, and a US Navy Reserve Center. Many of these guardsmen, women, and Naval Reservists are also veterans of the Gulf War and the wars in Iraq and Afghanistan. These men and women cross this bridge every day on their way to the armory; and
Whereas, Many of our veterans, when they return home, continue to serve their communities in Putnam County and surrounding areas as first responders, Sheriff of Putnam County, business owners, and elected officials. Putnam County Veterans also continue to serve their communities and other veterans through The American Legion, Marine Corps League, and Veterans of Foreign Wars Veteran Organizations. The 231 members of The American Legion in Winfield have one of the best Honor Guards in the area. They were called upon to assist with the former Secretary of State Ken Hechler’s Funeral, Charleston Veterans Day parade, and Pearl Harbor Day ceremony. They also hold several ceremonies within the county honoring veterans. The VFW Post has approximately 150 members and serves the Veterans of Putnam County with their Honor Guard and contributions to many organizations within the county. The Marine Corps League and it’s 27 members is the newest veteran’s organization in Putnam County forming in 2020. Since forming they have participated in several veteran ceremonies in the county, led parades in Hurricane and presented the Nations Colors at Hurricane High Schools Band Competition. They have also started an annual 5K/10K Race to fund a scholarship in honor of their Detachments name’s sake CPL William B. Fulks. The veteran organizations teach our youth the history of our flag, how to take care of the flag, and what it takes to keep our country free. They also contribute thousands of dollars every year to veterans in need and other community organizations; and
Whereas, Putnam County has many memorials honoring those who have made the ultimate sacrifice. Eighty-nine Putnam County residents have made that sacrifice since World War II but have nothing to honor those who have proudly served our country. Everyday hundreds of Putnam County Veterans and/or their families cross over the overpass on Route 817, which is right beside the counties War Memorial, in Winfield. What better way to show the State and Putnam County’s gratitude than to name this overpass in honor of all Putnam County Veterans; and
Whereas, It is fitting that an enduring memorial be established to commemorate Putnam County Veterans and their 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 40-034/00-021.21 (40A162), (38.53214, -81.89558) locally known as Winfield 34 over pass, carrying 34 over 817 in Putnam County, the “Putnam County Veterans 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 “Putnam County Veterans Memorial Bridge”; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Technology and Infrastructure then Rules as follows:
S. C. R. 23 - “Requesting the Division of Highways name bridge number 22-007/00-021.18 (22A153), (38.22218, -82.11335) locally known as Myra Pony Truss, carrying CR 7 over Mud River in Lincoln County, the ‘U.S. Marine Corps CPL Guy Maywood Edwards Memorial Bridge’.”
Whereas, Guy Maywood Edwards was born on September 13, 1918, in Myra, West Virginia, to Hiram Otho Edwards and Elmyra Elizabeth Porter Edwards; and
Whereas, CPL Guy Maywood Edwards graduated from Hamlin High School, and enlisted in the Marines during the winter of 1942; and
Whereas, CPL Guy Maywood Edwards was serving with the Fourth Division of the Marines, and despite having been wounded in October 1944 on Saipan in the Mariana Islands, he landed on Iwo Jima on February 20, 1945, ready for duty. CPL Guy Maywood Edwards was killed in action six days later on February 26, 1945; and
Whereas, Corporal Edwards’ brother, PFC Donald Edwards was also serving in the Fourth Marine Division on Iwo Jima and was wounded on February 28, 1945; and
Whereas, It is fitting that an enduring memorial be established to commemorate right CPL Guy Maywood Edwards and his sacrifice 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 22-007/00-021.18 (22A153), (38.22218, -82.11335) locally known as Myra Pony Truss, carrying CR 7 over Mud River in Lincoln County, the “U.S. Marine Corps CPL Guy Maywood Edwards 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. Marine Corps CPL Guy Maywood Edwards Memorial Bridge”; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways.
Resolutions Introduced
Delegates Cooper, Toney, Haynes, Dean, Barrett, Paynter, Zatezalo, Reynolds and Rowan offered the following resolution, which was read by its title and referred to the Committee on Technology and Infrastructure then Rules:
H. C. R. 46 - “Requesting the Division of Highways name Bridge Number: 45-003/00-014.90 (45A090), (37.63979,-80.80448) locally known as the Willow Wood Bridge, carrying WV 3 over Greenbrier River in Summers County, the ‘U. S. Navy Seaman Donald Homer Wheeler Memorial Bridge’.”
Whereas, Donald Homer Wheeler was born on February 23, 1942, in Hinton, West Virginia, to Shirley Ruth Wheeler; Donald grew up just a short distance from the Willow Wood Bridge where he was raised along with his 10 brothers and sisters; and
Whereas, On July 17, 1959, at the age of 17, Donald joined the United States Navy; and
Whereas, After completing basic training, U. S. Navy Seaman Donald Homer Wheeler was assigned to the U.S.S. Boston, a guided missile cruiser upon which he proudly served his county until his untimely death on July 15, 1961, at the young age of 19; and
Whereas, On that day, U. S. Navy Seaman Donald Homer Wheeler fell from a pier and into the water below where he succumbed to drowning; the news of this tragic event was devastating to his family, friends and fellow sailors and to this day, Donald is sadly missed and remembered often; and
Whereas, On June 11, 1962, in a letter to Donald’s mother, Rear Admiral R. H. Speck made this statement: “Donald’s service is deeply appreciated and is no less important than that of others who have given their lives in battle in defense of the principles we hold so dear. I am honored to have had him under my command. His record of performance of duty is a great pride to me.”; and
Whereas, U. S. Navy Seaman Donald Homer Wheeler’s remaining siblings, Bill Wheeler, Linda Wheeler Cales, Ernie Wheeler, Jimmy Wheeler, Jerry Wheeler, Garry Wheeler, and John Wheeler would find it the upmost honor for the Willow Wood Bridge to be named in memory of their beloved brother; and
Whereas, It is fitting that an enduring memorial be established to commemorate U. S. Navy Seaman Donald Homer Wheeler 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: 45-003/00-014.90 (45A090), (37.63979,-80.80448) locally known as the Willow Wood Bridge, carrying WV 3 over Greenbrier River in Summers County, the “U. S. Navy Seaman Donald Homer Wheeler 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. Navy Seaman Donald Homer Wheeler 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 Booth, Barnhart, Barrett, Bates, Bridges, Capito, Clark, Criss, Dean, Forsht, Griffith, Hanna, Hardy, Haynes, Holstein, Honaker, Horst, J. Jeffries, Jennings, Kessinger, Linville, Lovejoy, Mallow, Mandt, Martin, Maynard, Nestor, Paynter, Pethtel, Queen, Reed, Reynolds, Riley, Rohrbach, Smith, Statler, Steele, Toney, Wamsley, G. Ward and Westfall offered the following resolution, which was read by its title and referred to the Committee on Technology and Infrastructure then Rules:
H. C. R. 47 - “Requesting the Division of Highways name Bridge Number: 50-037/00-030.06 (50A079), (38.11399,-82.32930) locally known as Lick Creek Bridge, carrying WV 37 over Lick Creek in Wayne County, the ‘U. S. Army CPL Billy Earl Duty Memorial Bridge’.”
Whereas, William Earl “Billy” Duty was born on October 6, 1925, in Logan, the son of Paul Bill Duty and Marie Osborn; and
Whereas, Billy Earl Duty lived in Logan until the age of four when the family moved to Whites Creek Wayne WV, where he attended Centerville School; and
Whereas, U. S. Army CPL Billy Earl Duty enlisted in the U.S. Army on April 18, 1946, and was honorably discharged on September 14, 1947; he received the World War II Victory Metal and the Army of Occupation Metal Japan for his service; and
Whereas, After his military service, U. S. Army CPL Billy Earl Duty worked out of Construction Labors 543, Local Teamsters Local 505, Operator’s Local, and worked for many construction companies; he was dynamite foreman on several parts of I 64; and
Whereas, U. S. Army CPL Billy Earl Duty started his own construction company, Duty & Farley, in 1964; one of his first jobs was to provide fill at the 17th Street clover leaf to the 17th Street Bridge to Ohio; he also installed water lines for Hurricane WV; and
Whereas, U. S. Army CPL Billy Earl Duty won a bid for construction of the East Lynn Lake facilities to help build the campground, boat ramps and overlook at East Lynn Lake in Wayne County, and while working there on May 31, 1972, his bulldozer slid into the lake and he drowned; and
Whereas, U. S. Army CPL Billy Earl Duty was survived by his wife Joyce Ann Duty, and children, William Russell Duty, Mary Sue Duty, James David Duty, and Mark Lee Duty; and
Whereas, It is fitting that an enduring memorial be established to commemorate U. S. Army CPL Billy Earl Duty 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: 50-037/00-030.06 (50A079), (38.11399,-82.32930) locally known as Lick Creek Bridge, carrying WV 37 over Lick Creek in Wayne County, the “U. S. Army CPL Billy Earl Duty Memorial Bridge”; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “U. S. Army CPL Billy Earl Duty 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 Haynes, Kessinger, Fast, Booth and G. Ward offered the following resolution, which was read by its title and referred to the Committee on Technology and Infrastructure then Rules:
H. C. R. 48 - “Requesting the Division of Highways name County Route 5 and County Route 82, known as Lansing-Edmond Road, from its intersection with US 19 to the intersection with County Route 7 in Fayette County, the ‘WVSP Sgt John S. Syner Memorial Road’.”
Whereas, John Scott Syner was born on April 23, 1969, in Miami-Dade, Florida; he was the son of the late Joseph Benton Syner and Linda Lee Berns Syner; and
Whereas, John Scott Syner was a man of many traits; he was a machinist for 20 years and a West Virginia state trooper for 18 years and had attained the rank of sergeant; more importantly, he was a full time “Pops”; and
Whereas, Trooper John Scott Syner loved boating and spending time on the lake with family and friends, cutting wood and playing golf; he loved taking the kids and grandkids fishing; and
Whereas, John Scott Syner was a Champion of Children Award recipient in 2018 by Just for Kids for his work on child abuse and neglect cases; in 2019, he was awarded the Superintendent’s Award by the West Virginia State Police, the agency’s highest award; he was also a Meritorious Service Award recipient; and
Whereas, Trooper John S. Syner was recently promoted to sergeant as a detachment commander at Marlinton; he was deeply respected by the communities he served and his brothers and sisters in law enforcement; and
Whereas, SGT John Scott Syner of Edmond passed Saturday, August 21. 2021, at his home in Edmond; those left co cherish his memory are his loving wife, Stephanie Ramsey Syner, daughter, Allison (Garrett) Thompson and their children, Bo and Jace of Edmond; son, Nathaniel (Brittany) Syner and their daughter, Mia of Prattville, Alabama; sister, Debbie (Paul) Fox of Edmond; and two brothers, Joe (Kristi) Syner and Tommy (Shari) Syner, both of Edmond; and
Whereas, It is fitting that an enduring memorial be established to commemorate Sgt John S. Syner and his contributions to our state and country by naming the portion of the Lansing-Edmond Road as requested herein in his honor; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name County Route 5 and County Route 82, known as Lansing-Edmond Road, from its intersection with US 19 to the intersection with County Route 7 in Fayette County, the “WVSP Sgt John S. Syner Memorial Road”; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying that portion of the Lansing-Edmond Road as the “WVSP Sgt John S. Syner 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 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. 49 - “Requesting the Division of Highways name Route 16 beginning at the Fayette County, West Virginia, line and ending at the intersection of Route 16 and Main Street in Mount Hope, Fayette County, West Virginia, by the Siltex Mine Memorial the ‘Charles M. ‘Charlie’ Biggs Memorial Highway’ in Prince Hill, Fayette County, West Virginia.”
Whereas, Charles M. “Charlie” Biggs was born in Prince Hill, West Virginia on October 5, 1950, and resided in Oak Hill, West Virginia, where he passed away from COVID-19 complications on January 19, 2021; and
Whereas, Charlie was a lifelong resident of Oak Hill, West Virginia, a graduate of Mount Hope High School, and owned and operated Biggs Insurance Agency; and
Whereas, Charlie was a 41-year member of the Mount Hope Lions club for which he served in numerous leadership roles and received several awards for his service including the Melvin Jones Fellow Award, the Leonard Jarrett Award, and other accommodations; and
Whereas, Charlie was also a devoted Shriner, and member of the Moose Lodge, Masons, and he was a Turtle; and
Whereas, Fayette County and surrounding communities benefited greatly from Charlie’s lifetime of selfless service to others; therefore let it be
Resolved by the Legislature of West Virginia:
That the Division of Highways name Route 16 beginning at the Fayette County, West Virginia, line and ending at the intersection of Route 16 and Main Street in Mount Hope, Fayette County, West Virginia, by the Siltex Mine Memorial the “Charles M. “Charlie” Biggs Memorial Highway” in Prince Hill, Fayette County, West Virginia.
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the roadway as the “Charles M. “Charlie” Biggs Memorial Highway”; and, be it
Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways.
Delegate 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. 50 - “Requesting the Division of Highways name the Route 61, locally known as the Fayette Pike Road, beginning at 38.1807020, -81.3175328 and ending at 38.1796852, -81.2266422, in Montgomery, West Virginia, the ‘John Ellison Road’ in honor of Willie John Ellison.”
Whereas, Willie John Ellison was born to an impoverished family in a rural, coal mining community in West Virginia; and
Whereas, John Ellison began a difficult music career experiencing tremendous hardship and racism; and
Whereas, John Ellison traveled to Rochester, New York where he founded Soul Brothers Six; and
Whereas, In 1967 John Ellison wrote “Some Kind of Wonderful” which became one of the most famous songs in history; and
Whereas, In 1987 the book Sweet Soul Music named the Soul Brothers Six as a major influence on the sound of modern music; and
Whereas, John Ellison continued to write groundbreaking, hit songs including “I’ll be Loving You”, “Funky, Funky Way of Making Love”, and “You Can Count on Me”; and
Whereas, John Ellison has received five lifetime achievement awards from BMI, was introduced into the West Virginia Music Hall of Fame in 2015, and has even won a lifetime musical achievement award in Canada, and
Whereas, John Ellison impresses with his music and voice and is one of the most influential musicians to come from West Virginia. He has made essential contributions to blues, gospel, soul and funk music in a time of great social change; therefore be it,
Resolved by the Legislature of West Virginia:
That the Division of Highways name the Route 61, locally known as the Fayette Pike Road, beginning at 38.1807020, -81.3175328 and ending at 38.1796852, -81.2266422, in Montgomery, West Virginia, the “John Ellison Road” in honor of Willie John Ellison; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the roadway as the “John Ellison Road”; and, be it
Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
Delegates Burkhammer, Foster, Crouse, Keaton, Haynes, Martin, Kimble, Pritt, Maynor, Hardy and Pack:
H. J. R. 106 - “Proposing an amendment to the Constitution of the State of West Virginia amending section six, article XII thereof, relating to removing the requirement that elections for local school board members be nonpartisan and providing a summarized statement of the purpose of such proposed amendment”; to the Committee on Education then the Judiciary.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Mazzocchi, Ellington, Kimble, Statler, Bridges, Maynor, B. Ward, Kessinger, Toney, Ferrell and Longanacre:
H. B. 4556 - “A Bill to amend and reenact §18-20-11 of the Code of West Virginia, 1931, as amended, relating to increasing monitoring of special education classrooms; adding that an audio recording device be present in the restroom of a self-contained classroom; requiring video and audio recordings be maintained for 26 weeks; requiring county to monitor school video and audio recordings for at least 60 minutes each month; requiring incidents or issues discovered in recordings be reported to school principal or administrator”; to the Committee on Education then Finance.
By Delegate Criss:
H. B. 4557 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13MM-1, §11-13MM-2, §11-13MM-3, §11-13MM-4, §11-13MM-5, §11-13MM-6, §11-13MM-7, §11-13MM-8, §11-13MM-9, §11-13MM-10, and §11-13MM-11, all relating to establishing a road or highway infrastructure improvement projects or coal production and processing facilities tax credit for taxpayers subject to the tax imposed by West Virginia code §11-13a-3; specifying a short title; specifying legislative findings and purpose for new credit; defining terms; specifying the amount of the credit, application of credit, and carry forward of unused credit; requiring filing of application for road or highway infrastructure improvement project credit as condition precedent to claiming credit, specifying procedure for application for certification, contents of application and limitation on maximum amount of credits which can be approved; specifying computation of qualified investment in coal production and processing facilities; allowing transfer of credits to successors; providing for forfeiture of unused tax credits and redetermination of credit allowed; providing penalties for failure to maintain records of qualified property; and establishing an effective date”; to the Committee on Energy and Manufacturing then Finance.
By Delegates Capito, Queen and Barrett:
H. B. 4558 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13MM-1 of said code, relating to creating a tax credit for the production of Esports events; defining terms; establishing qualifications for, and the amount of, the production credit; establishing that a pass through entity is a taxpayer; requiring certain information to claim the tax credit on return; requiring a refund of credit amount if it is greater than the tax imposed; providing a limitation on the amount of credit production company may receive; establish the department’s reporting requirements; and mandating sunset of credit”; to the Committee on Finance.
By Delegates Hanshaw (Mr. Speaker), Steele and Lovejoy:
H. B. 4559 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-12-16, relating to the Office of the Chief Medical Examiner, providing for the final disposition of unidentified and unclaimed remains in the possession of the Office of the Chief Medical Examiner pursuant to legislative rule, and providing for emergency legislative rulemaking allowing for the final disposition of unidentified and unclaimed remains”; to the Committee on the Judiciary.
By Delegates Criss, Householder, Espinosa, Queen, Barrett, Skaff, Riley, Bates, Westfall and Lovejoy:
H. B. 4560 - “A Bill to amend and reenact §17A-6A-2, §17A-6A-3, §17A-6A-5, §17A-6A-8a, §17A-6A-10, §17A-6A-11, §17A-6A-12, §17A-6A-13, §17A-6A-15, §17A-6A-15a, §17A-6A-15c, and §17A-6A-18 of the Code of West Virginia, 1931, as amended, all relating generally to motor vehicle dealers, distributors, wholesalers and manufacturers; clarifying governing law; amending terms related to cancellations of dealer agreements; modifying circumstances not constituting good cause to cancel an agreement; clarifying the standard of proof in termination, cancellation and nonrenewal disputes; modifying compensation terms when contract is discontinued; setting interest rate where payments to dealers from manufacturers or distributors are untimely; increasing the notice period for dealers where a manufacturer or distributor does not approve a successor dealer or executive manager; clarifying provision related to determination of distance between dealerships; restricting manufacturer and distributor use of dealership property; modifying obligations under warranties; clarifying indemnity practices; identifying unlawful practices; and clarifying manufacturer performance standards”; to the Committee on the Judiciary.
By Delegate Hansen:
H. B. 4561 - “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 and §24-2I-4, all relating to establishing a community solar program for subscribers to gain credits against their utility bills; providing legislative findings; defining terms; authorizing subscriber based solar projects that allow solar power production to be granted credit against electric power costs; providing that an authorized project is not deemed as a utility; providing conditions and terms for operation for a facility; providing for regulation of the program by the Public Service Commission; providing conditions for credits; providing requirements for subscriber organizations; and providing Public Service Commission rulemaking authority and directives”; to the Committee on Energy and Manufacturing then the Judiciary.
By Delegates Kessinger, Burkhammer, Maynor, Keaton and Pinson:
H. B. 4562 - “A Bill to amend and reenact §18A-2-8 of the Code of West Virginia, 1931, as amended, relating generally to the suspension and dismissal of school personnel by board and the appeals process”; to the Committee on the Judiciary.
By Delegates Ellington, Howell, Hamrick, Statler, Householder, Smith, Gearheart, Toney, Rohrbach, Steele and Foster:
H. B. 4563 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17A-6-10e, relating to providing a special motor vehicle registration plate for certain motor vehicles operated by an auto mechanic for purposes of repairing, servicing, testing, or diagnosing malfunctions of a motor vehicle”; to the Committee on Technology and Infrastructure then Government Organization.
By Delegates Reed, Queen, Riley, Rowan, Mallow, Bates and Hardy:
H. B. 4564 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §8-29C-1, §8-29C-2, §8-29C-3¸ §8-29C-4, §8-29C-5, and §8-29C-6, all relating to derelict or abandoned aircraft; definitions; discovery and notification of owner or interested person; retention , trade, sale, or disposal of aircraft by airport authority; lien on derelict or abandoned aircraft by airport authority; proceeds of sale of aircraft; and person acquiring legal interest in aircraft”; to the Committee on the Judiciary.
By Delegates Statler, Ellington, Summers, G. Ward, Toney and Queen:
H. B. 4565 - “A Bill to amend and reenact §5-10B-2 and §5-10B-3a of the Code of West Virginia, 1931, as amended; to amend §18-25-1 of said code; and to amend §18A-4-12 of said code; all relating generally to the government employees deferred compensation plan; defining a term; exempting certain employees from the requirement of automatic enrollment into the plan; and removing outdated language to align with federal law”; to the Committee on Education then Finance.
By Delegates Hanshaw (Mr. Speaker), McGeehan, Steele, Rohrbach, Anderson, J. Kelly, Toney and D. Kelly:
H. B. 4566 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22C-1-6a, relating generally to additional powers of the West Virginia Water Development Authority; providing for the creation of the Economic Enhancement Grant Fund; establishing regulations for the fund; establishing a matching grant subaccount; providing a purpose for the fund and the subaccount; authorizing the Water Development Authority to enter into certain grant agreements; and allowing for an audit process”; to the Committee on Finance.
By Delegates Steele, Foster, Householder, Criss, Kimes, Hanshaw (Mr. Speaker), Kessinger, Hardy, Barrett, Hott and Ellington:
H. B. 4567 - “A Bill to amend and reenact §8-13-5 of the Code of West Virginia, 1931, as amended, relating to business and occupation or privilege tax; prohibiting a municipality from imposing its business and occupation or privilege tax on any business activity or occupation when the basis of the tax is derived from products being shipped into or sold in the municipality, requiring that imposition of the municipal business and occupation or privilege tax on the business of selling automobiles is limited to used automobiles only, and stating that any sales proceeds from the sale of new automobiles that have never been registered in the name of an individual are exempt from the municipal business and occupation or privilege tax”; to the Committee on Finance.
By Delegates Barrett, Householder, Storch, Criss, Espinosa, Linville, Ellington, Rowan, Riley, Graves and Hardy:
H. B. 4568 - “A Bill to amend and reenact §11-24-23a of the Code of West Virginia, 1931, as amended, relating to tax credits for qualified rehabilitation expenditures for certified historic structures; elimination of certain limitations on and allocations of tax credits allowed against corporation net income tax and personal income tax per year and per rehabilitation of a certified historic structure; elimination of allocation of portion of limited tax credits for certified rehabilitation projects with proposed tax credits of $500,000; authorizing phased rehabilitations of certified historic structures; tax credit certificates for completed phases of a phased rehabilitation; providing for recapture of tax credits; removing provisions providing for guarantee of tax credits; and requiring issuance of tax credit certificates based on issuance of Phase Advisory Determination”; to the Committee on Finance.
By Delegates Walker, Skaff, Fluharty, Garcia, Hansen, Griffith, Evans, Doyle, Barach, Pethtel and Hornbuckle:
H. B. 4569 - “A Bill amending the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-6-15, relating to establishing the misdemeanor crime of obstructing access to medical facilities; prohibiting the use of force, physical detention, obstruction, or other physical hinderance of another person to prevent that person from entering or exiting a medical facility; defining the term medical facility; providing certain exceptions and limitations; and establishing criminal penalties”; to the Committee on Health and Human Resources then the Judiciary.
Special Calendar
Third Reading
S. B. 435, Awarding service weapon to retiree from Division of Protective Services; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 76), and there were—yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent and Not Voting: Bates, Clark, Horst, J. Jeffries, Martin, Nestor and Zukoff.
So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (S. B. 435) passed.
Delegate Summers moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 77), and there were—yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent and Not Voting: Bates, Clark, Horst, J. Jeffries, Martin, Nestor and Zukoff.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 435) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 437, Providing for early discharge of parolees; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 78), and there were—yeas 92, nays 2, absent and not voting 6, with the nays and the absent and not voting being as follows:
Nays: Jennings and Kimes.
Absent and Not Voting: Clark, Horst, J. Jeffries, Martin, Nestor and Zukoff.
So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 437) passed.
Delegate Summers moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 79), and there were—yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
Absent and Not Voting: Clark, Horst, J. Jeffries, Martin, Nestor and Zukoff.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 437) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 449, Relating to Nonviolent Offense Parole Program; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 80), and there were—yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
Absent and Not Voting: Clark, Horst, J. Jeffries, Martin, Nestor and Zukoff.
So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 449) passed.
Delegate Summers moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 81), and there were—yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
Absent and Not Voting: Clark, Horst, J. Jeffries, Martin, Nestor and Zukoff.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 449) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for H. B. 4003, Relating generally to commercial benefit of substances removed from waters of the state by the treatment of mine drainage; on third reading, coming up in regular order, was read a third time.
Delegate Zatezalo requested to be excused from voting under the provisions of House Rule 49.
The Speaker ruled that the Delegate did not have a direct financial interest and directed the Member to vote.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 82), and there were, including pairs—yeas 94, nays 1, absent and not voting 5, with the paired, the nays and the absent and not voting being as follows:
Pursuant to House Rule 43, the following pairings were filed and announced by the Clerk:
Paired:
Yea: Clark Nay: Fluharty
Absent and Not Voting: Horst, J. Jeffries, Martin, Nestor and Zukoff.
So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4003) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 4111, Relating to the prescriptive authority of advance practice registered nurses; on third reading, coming up in regular order, was read a third time.
Delegate Tully requested to be excused from voting under the provisions of House Rule 49.
The Speaker ruled that the Delegate was a member of a class of persons possibly to be affected and directed the Member to vote.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 83), and there were—yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
Absent and Not Voting: Clark, Horst, J. Jeffries, Martin, Nestor and Zukoff.
So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4111) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4296, To revise outdated provisions within Chapter 23 of the West Virginia Code, which pertains to workers’ compensation; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 84), and there were—yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
Absent and Not Voting: Clark, Horst, J. Jeffries, Martin, Nestor and Zukoff.
So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (H. B. 4296) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading
The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:
Com. Sub. for H. B. 4084, Relating to advanced recycling.
And,
Com. Sub. for H. B. 4369, Update the telepsychology compact.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
S. B. 436, Correcting code citation for authority of State Fire Marshal,
Com. Sub. for H. B. 3036, Sunsetting the Board of Sanitarians,
Com. Sub. for H. B. 4105, Relating to service employees with National Association for Pupil Transportation Certifications,
H. B. 4355, Relating to the disclosure by state institutions of higher education of certain information regarding textbooks and digital courseware and certain charges assessed for those items,
Com. Sub. for H. B. 4380, Relating to transportation of athletic teams,
And,
Com. Sub. for H. B. 4389, Relating to repealing school innovation zones provisions superseded by Innovation in Education Act.
Leaves of Absence
At the request of Delegate Summers, and by unanimous consent, leaves of absence for the day were granted Delegates Clark, Horst, J. Jeffries, Martin, Nestor and Zukoff.
Miscellaneous Business
Delegate Bates noted to the Clerk that he was absent when the vote was taken on S. B. 435, and had he been present, he would have voted “Yea” thereon.
Pursuant to House Rule 132, unanimous consent was requested and obtained to print the remarks of the following Members in the Appendix to the Journal:
- Delegate Keaton regarding Com. Sub. for H. B. 4003
Pursuant to House Rule 94b, forms were filed with the Clerk’s Office to be added as a cosponsor of the following:
H. B. 3080: Delegate Pack;
H. B. 4382: Delegate Young;
H. B. 4344: Delegate Pack;
H. B. 4438: Delegate Fast;
And,
H. B. 4544: Delegate Bates.
At 11:48 a.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, February 8, 2022.