hdj2012-1-11-01
West Virginia Legislature
JOURNAL
of the
HOUSE OF DELEGATES
Eightieth Legislature
Second Regular Session
Charleston, Wednesday, January 11, 2012
[Mr. Speaker, Mr. Thompson, in the Chair]
This being the day fixed by Section 18, Article VI of the Constitution of the State of West
Virginia for the annual assembly of the Legislature, the members of the House of Delegates met in
their Chamber in the Capitol Building in the City of Charleston, and at 12 o'clock meridian were
called to order for the Second Regular Session of the Eightieth Legislature by the Speaker, the
Honorable Richard Thompson.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Speaker presented communications from Delegates resigning as members of the House
of Delegates, which were read by the Clerk as follows:
House of Delegates
WEST VIRGINIA LEGISLATURE
Charleston
December 29, 2011
The Honorable Richard Thompson, Speaker
West Virginia House of Delegates
Building 1, Room 234 M
1900 Kanawha Blvd., E.
Charleston, WV 25305
Dear Speaker Thompson:
Effective today, I am resigning as a member of the West Virginia House of Delegates,
representing the citizens of the 20th District. I am grateful for the opportunities I have been given
by the voters of my district to represent them for the past 17 years. It has been a wonderful and
humbling experience that will always have a special place in my heart.
I leave with deep admiration for the men and women who serve in this august body. The
diligence of delegates and staff members who dedicate their lives to the service of our State is an
inspiration to all that call West Virginia Home.
God's blessing on the Great State of West Virginia and all who serve her.
Sincerely,
K. Steven Kominar
House of Delegates
WEST VIRGINIA LEGISLATURE
Charleston
The Honorable Richard Thompson, Speaker
West Virginia House of Delegates
Building 1, Room 234 M
1900 Kanawha Blvd., E.
Charleston, WV 25305
Dear Mr. Speaker:
Effective today, January 6, 2012, at 1:00 p.m., I am resigning as a member of the West
Virginia House of Delegates. The citizens of the 2nd District placed their trust in me by allowing my
service in the Legislature for 17 years. I have enjoyed representing Brooke County and will continue
to do so as a member of Brooke County Commission.
As a Delegate, I have served with men and women who have dedicated their lives in service
to this wonderful State. I will always hold them in the highest esteem and will cherish the many
friendships I have experienced through the years.
To the Delegates and staff, I wish the very best for the upcoming Legislative Session.
Sincerely,
Timothy R. Ennis
The foregoing communications were received and were filed in the Clerk's Office.
The roll was then called (Roll No. 1), and 97 Delegates having answered to their names, the
Speaker declared the presence of a quorum.
On motion of Delegate Boggs, 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 80th 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:
Delegates Jones, Martin and Ellington.
On motion of Delegate Boggs, 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 D. Campbell, R. Phillips and Evans.
Motions
At the request of Delegate Boggs, and by unanimous consent, the applicable provisions of
House Rule 136, relating to privileges of the floor, were suspended for the remainder of the day to
permit families of members and invited guests the privileges of the floor for the remainder of the
day's proceedings.
Messages from the Senate
A message from the Senate, by
Senators Laird, Tucker and Nohe, announced that the Senate had assembled for the Second
Regular Session of the 80th Legislature, with a quorum present, and was ready to proceed to the
business of the session.
Subsequently,
Delegate Jones, from the Committee to notify the Senate that the House of Delegates had
assembled and was ready to proceed to the business of the session, reported the performance of that
duty.
Delegate D. Campbell, from the Committee to inform His Excellency, the Governor, that the
Legislature had assembled for the Second Regular Session of the 80th Legislature, reported that the
Committee had completed its assigned task.
Resolutions Introduced
Delegate Boggs announced the reintroduction and references to the various standing
committees of the following House Joint Resolutions from the First Regular Session of the 80th Legislature:
House Joint Resolutions 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 20, 21, 22, 23,
24, 25, 26, 27, 28, 30, 31, 32, 33, 34, 35, 36, 38, 39, 40 and 41.
Mr. Speaker, Mr. Thompson, offered the following resolution, which was read by the Clerk
as follows:
H. C. R. 1 - "Extending an invitation to His Excellency, the Governor, to deliver an address
to the Legislature and raising a Joint Assembly therefor."
Whereas, His Excellency, the Governor, has advised that he will be pleased to address a
Joint Assembly of the Senate and House of Delegates at the convenience of the two houses;
therefore, be it
Resolved by the Legislature of West Virginia:
That His Excellency, the Governor, be hereby invited to address a Joint Assembly of the
Legislature at 7:00 o'clock postmeridian this day; and, be it
Further Resolved, That the President of the Senate and the Speaker of the House of Delegates
appoint three members of each of the respective houses of the Legislature as a committee to wait
upon His Excellency, the Governor, and escort him into the Hall of the House of Delegates at the
time herein appointed for hearing the address.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
resolution (H. C. R. 1) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Whereupon,
In accordance with the provisions of the resolution, the Speaker appointed as members of the
committee to wait upon His Excellency, the Governor, the following:
Delegates D. Campbell, R. Phillips and Evans.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Mr. Speaker, Mr. Thompson, offered the following resolution, which was read by the Clerk
as follows:
H. R. 1 - "Authorizing the appointment of employees for this, the Second Regular Session
of the Eightieth Legislature, two thousand twelve.".
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:
One Receptionist to the Speaker and Stenographer to the Speaker Pro Tempore at one
hundred forty dollars per diem;
One Receptionist to the Majority Leader's Office at one hundred ten dollars per diem;
One Legislative Assistant to the Majority Leader's Office at seventy-five dollars per diem;
One Receptionist to the Committee on the Judiciary at sixty-five dollars per diem;
One Receptionist to the Committee on the Judiciary at sixty dollars per diem;
Three Clerks to the Committee on the Judiciary at sixty dollars each per diem;
One Paralegal to the Committee on the Judiciary at sixty-five dollars per diem;
One Attorney to the Committee on the Judiciary at three hundred dollars per diem;
One Attorney to the Committee on the Judiciary at one hundred seventy-five dollars per
diem;
One Attorney to the Committee on Finance at three hundred twenty dollars per diem;
One Paralegal/Committee Clerk to the Committee on Finance at one hundred twenty dollars
per diem;
One Paralegal to the Committee on Finance at ninety-five dollars per diem;
One Assistant Clerk to the Committee on Finance at one hundred dollars per diem;
One Committee Assistant to the Committee on Finance at seventy dollars per diem;
One Committee Clerk to the Committee on Education at one hundred twenty-five dollars per
diem;
One Committee Clerk to the Committee on Education at sixty-five dollars per diem;
One Committee Clerk to the Committee on Education at sixty dollars per diem;
One Administrative Assistant to the Committee on Government Organization at one hundred
eighteen dollars per diem;
One Committee Clerk to the Committee on Government Organization at seventy-five dollars
per diem;
One Analyst to the Committee on Health and Human Resources at one hundred fifteen
dollars per diem;
One Attorney to the Minor Committees at one hundred eighty-five dollars per diem;
One Attorney to the Minor Committees at one hundred sixty-five dollars per diem;
Two Committee Clerks to the Minor Committees at sixty dollars each per diem;
One Legislative Assistant to the Minor Committees at seventy dollars per diem;
One Legislative Assistant to the Minor Committees at sixty-five dollars per diem;
One Legislative Assistant to the Minor Committees at sixty dollars per diem;
One Legislative Assistant to the Minor Committees at fifty-five dollars per diem;
One Messenger at sixty-seven dollars per diem;
One Messenger at sixty-five dollars per diem;
One Supervisor to the Journal Room at one hundred ten dollars per diem;
One Clerk to the Journal Room at sixty-eight dollars per diem;
Three Clerks to the Journal Room at sixty-seven dollars each per diem;
Two Clerks to the Journal Room at sixty dollars each per diem;
One Doorkeeper at one hundred seventy dollars per diem;
One Assistant Doorkeeper at seventy-three dollars each per diem;
One Assistant Doorkeeper at sixty-eight dollars per diem;
One Assistant Doorkeeper at sixty-six dollars per diem;
One Assistant Doorkeeper at sixty-three dollars per diem;
One Assistant Doorkeeper at sixty dollars per diem;
One Assistant Doorkeeper at fifty-five dollars per diem;
One Sergeant-At-Arms at one hundred seventy-two dollars per diem;
One Assistant Sergeant-At-Arms at eighty dollars per diem;
One Assistant Sergeant-At-Arms at seventy-one dollars per diem;
One Assistant Sergeant-At-Arms at sixty dollars per diem;
One Assistant Sergeant-At-Arms at fifty-five dollars per diem;
One Secretary to the Doorkeeper and Sergeant-At-Arms at seventy-three dollars per diem;
One Head Page at seventy-five dollars per diem;
One Assistant Head Page at sixty dollars per diem;
One Maintenance Staff at sixty-five dollars per diem;
Two Maintenance Staff at fifty-five dollars each per diem;
One Attorney to the Minority Leader at one hundred sixty-five dollars per diem;
One Stenographer to the Minority Leader at seventy dollars per diem;
Two Stenographers to the Minority Leader at sixty-five dollars each per diem;
Two Stenographers to the Minority Leader at sixty dollars each per diem;
One Messenger to the Minority Leader at fifty-five dollars per diem;
One Documents Clerk to the Clerk's Office at one hundred sixty dollars per diem;
One Receptionist to the Clerk's Office at one hundred thirty-eight dollars per diem;
One Office Assistant to the Clerk's Office at sixty dollars per diem.
(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/Parliamentarian at seven thousand six hundred thirty-two dollars and sixty
cents per month;
One Assistant Clerk at four thousand three hundred fifty-eight dollars and fifty-two cents per
month;
One Bill Status Clerk at three thousand fifty-nine dollars and fourteen cents per month;
One Journal Clerk at two thousand six hundred twenty-six dollars and fifty cents per month;
One Document Clerk at two thousand four hundred sixteen dollars and sixty-seven cents per
month;
One Secretary to the Clerk at two thousand six hundred seventy dollars and twenty-eight
cents per month;
One Technical Assistant at four thousand eight hundred ninety-two dollars and fourteen cents
per month;
One Technical Assistant at three thousand eight hundred thirty-seven dollars and seventy-two
cents per month;
One Fiscal Officer at five thousand one hundred and thirty-five dollars and thirty cents per
month;
One Assistant Fiscal Officer at three thousand four hundred twenty-four dollars and thirty-
two cents per month;
One Purchasing Agent at three thousand three hundred eleven dollars and forty-two cents per
month;
One Mail Clerk at two thousand three hundred thirty-three dollars and thirty-three cents per
month;
One Communications Director to the House at six thousand ninety-one dollars and twelve
cents per month;
One Assistant to the Majority Leader/East Wing Supervisor at four thousand five hundred
eighty-three dollars and thirty-four cents per month;
One Assistant to the Majority Whip Office at three thousand two hundred sixty-one dollars
and fifty-four cents per month;
One Counsel to the Speaker at seven thousand five hundred twenty-four dollars and sixty
cents per month;
One Administrative Assistant to the Speaker at four thousand one hundred fifty-three dollars
and fifty-four cents per month;
One Secretary to the Speaker at three thousand seventy dollars and thirty-four cents per
month;
One Maintenance Staff at two thousand eight hundred fifty-nine dollars and forty-eight cents
per month;
One Maintenance Staff at two thousand five hundred sixty-nine dollars and seventy cents per
month;
One Maintenance Staff at two thousand three hundred ninety-nine dollars and seventy cents
per month;
One Maintenance Staff at one thousand nine hundred eighteen dollars and ninety-six cents
per month;
One Chief Counsel to the Committee on the Judiciary at seven thousand seven hundred
twenty-three dollars and seventy-two cents per month;
One Staff Council to the Committee on the Judiciary at six thousand one hundred and forty-
six dollars and twenty-six cents per month;
One Legislative Analyst to the Committee on the Judiciary at three thousand seven hundred
twenty-five dollars and twenty-four cents per month;
One Administrative Assistant to the Committee on the Judiciary at three thousand six
hundred seventy-seven dollars and ten cents per month;
One Chief Counsel to the Committee on Education at seven thousand three hundred sixteen
dollars and eight cents per month;
One Policy Analyst to the Committee on Education at six thousand six hundred forty-four
dollars and sixty-four cents per month;
One Legislative Assistant to the Committee on Education at three thousand two hundred
thirty-nine dollars and four cents per month;
One Legislative Analyst to the Committee on Education at two thousand eight hundred
ninety-four dollars and seventy-six cents per month;
One Chief Counsel to the Committee on Finance at seven thousand nine hundred seventeen
dollars and fifty-six cents per month;
One Staff Counsel to the Committee on Finance at five thousand two hundred fifty dollars
per month;
One Policy Analyst to the Committee on Finance at five thousand seven hundred sixty dollars
and sixty-four cents per month;
One Budget Analyst to the Committee on Finance at three thousand six hundred fourteen
dollars and sixty-eighty cents per month;
One Budget Analyst to the Committee on Finance at three thousand three hundred ninety-one
dollars and fifty-two cents per month;
One Committee Clerk to the Committee on Finance at three thousand nine hundred dollars
and forty-eight cents per month;
One Administrative Assistant to the Committee on Finance at three thousand fifty-nine
dollars and eighty-two cents per month;
One Chief Counsel to the Committee on Government Organization at seven thousand two
hundred and sixty-three dollars and seventy cents per month;
One Staff Council to the Committee on Government Organization at five thousand six
hundred ninety-nine dollars and ninety-two cents per month;
One Legislative Analyst to the Committee on Government Organization at three thousand
one hundred thirty-nine dollars and eighteen cents per month;
One Chief Counsel to the Committee on Health and Human Resources at seven thousand four
hundred forty-six dollars and ninety-two cents per month;
One Legislative Analyst to the Committee on Health and Human Resources at three thousand
three hundred eighty dollars and forty-four cents per month;
One Administrative Assistant to the Committee on Health and Human Resources at two
thousand four hundred ninety-three dollars and ninety cents per month;
One Staff Attorney to the Minor Committees at six thousand eight hundred thirty-two dollars
and ninety-two cents per month;
One Analyst to the Minor Committees at two thousand six hundred twenty-six dollars and
fifty cents per month;
One Analyst to the Minor Committees at two thousand five hundred ninety-two dollars and
fifty cents per month;
One Analyst to the Minor Committees at two thousand five hundred dollars per month;
One Legislative Assistant to the Minor Committees at three thousand two hundred twenty-
nine dollars and eighty-two cents per month;
One Legislative Assistant to the Minor Committees at two thousand nine hundred seventy-six
dollars and seventy-two cents per month;
One Executive Assistant to the Minority Leader at five thousand five hundred ninety-five
dollars and twenty-eight cents per month;
One Assistant to the Minority Leader at two thousand seven hundred fifty-seven dollars and
eighty-four cents per month;
The Speaker is authorized to appoint or assign additional or present employees and to
determine the rate of compensation therefor as he may deem necessary to expedite the work of the
House of Delegates; and be it
Further Resolved, That, in accordance with Chapter 4, Article 2A of the code, the Clerk of
the House is hereby authorized to draw his requisitions upon the Auditor for travel expenses and compensation of members of the House of Delegates; and, be it
Further Resolved, That all appointments made under authority of the foregoing provisions
of this resolution shall be certified to the Auditor and Treasurer by the Clerk of the House, and the
Clerk of the House of Delegates is hereby authorized to draw his requisitions upon the Auditor in
favor of the persons so appointed and the Auditor shall honor and pay such requisitions when
presented and charge same to the "per diem of officers and employees" fund or "contingent" fund
of the House of Delegates. The Clerk shall draw his requisitions in favor of employees for
consecutive days or months from the date of their employment at the per diem or salary herein set
out until such time as their services shall cease. The Speaker may remove any employee and appoint
another in his or her place, and he shall require each of said employees to perform such duties as
shall be assigned him or her, and he is hereby given authority to dispense with the services of any
employee or employees for any such time or number of days as their services shall not be needed
during the session, and they shall not be paid for such time, nor shall other persons be appointed into
their places for any such time as they may be suspended when not needed; and, be it
Further Resolved, That the Speaker is hereby authorized to assign employees to such
positions and duties as he may deem proper to secure the most efficient and expeditious work during
the Session of the Legislature; and be it
Further Resolved, That no person appointed under authority of this resolution and receiving
pay hereunder shall concurrently receive compensation from any other department or agency of state
government and no person who availed himself or herself of early retirement under the provisions
of Senate Bill 10, First Extraordinary Session, 1988, may be appointed under the provisions of this
resolution. Notwithstanding designation of positions or duties herein prescribed, any employee may
be assigned additional duties by the person by whom appointed, and may be assigned to such
positions and duties, as may be deemed proper to serve the most efficient and expeditious work; and,
be it
Further Resolved, That following the session, the Speaker, with approval of the Rules Committee, is authorized until superceded by subsequent House Resolution, to remove or appoint
any employee of the House, and establish such duties and compensation as is deemed appropriate
for each employee; and, be it
Further Resolved, That any and all provisions of House Rule 9 in conflict with this resolution
are hereby suspended.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
resolution (H. R. 1) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Mr. Speaker, Mr. Thompson, offered the following resolution, which was read by the Clerk
as follows:
H. R. 2 - "Authorizing the Committee on Rules to arrange a Special Calendar and providing
for making public the vote on certain questions in connection with the preparation thereof."
Resolved by the House of Delegates:
That beginning on Thursday, February 9, 2012, and for the remainder of this regular session
of the Legislature, the Committee on Rules is hereby authorized to arrange a Special Calendar as
provided by House Rule 70. Daily after the eighth order of business shall have been passed, the
Special Calendar shall be called, and until this calendar is disposed of each day, no item of business
on the regular House Calendar shall be considered or take precedence over any item of business on
the Special Calendar, except by a two-thirds vote of the members present and voting.
No bill or resolution shall be placed upon the Special Calendar except by the Committee on
Rules. In making up the Calendar, the Committee on Rules may hear any Delegate or other person
in behalf of any resolution or bill he may desire placed upon such calendar and the committee shall
give due consideration to the merits of bills and resolutions pending in the House of Delegates, and
take cognizance of measures which affect the public interest generally; and, be it
Further Resolved, That the committee shall cause to be kept a record of all roll call votes on
all questions pertaining to preparation of the Special Calendar and removing the same therefrom. This record of votes shall show those voting in the affirmative or those voting in the negative,
whichever shall be the smaller number, and those absent and not voting. These vote records shall
be prepared and following the adjournment of each meeting made available to House members and
to the public.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
resolution (H. R. 2) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Mr. Speaker, Mr. Thompson, offered the following resolution, which was read by the Clerk
as follows:
H. R. 3 - "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 500
copies of the Acts of the 2012 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 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.
The Clerk of the House of Delegates is also authorized to publish not to exceed 250 copies
of the Journal of the House of Delegates for the Second Regular Session of the 80th 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 five copies 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.
For the work required in indexing, printing and distributing said Acts and in the publication
of said Journal of the House of Delegates and for completing other work of the session, the Speaker
is hereby authorized to appoint such persons as he may deem necessary to perform technical, clerical,
stenographic, custodial and other services required by the House of Delegates.
The Speaker shall certify a list of persons entitled to compensation under authority of this
resolution to the Clerk of the House of Delegates, and the Clerk shall draw his requisition in favor
of such persons at per diems or at monthly salaries, which shall be paid from the Per Diem of
Officers and Employees Fund or the Contingent Fund of the House of Delegates.
At the respective requests of Delegate Boggs, 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.
Petitions
Delegate Howell presented a petition, signed by over one thousand residents of the State, in
opposition to Option C to the Route 220 Corridor; which was referred to the Committee on Roads
and Transportation.
Delegates Caputo, Longstreth and Manchin presented a petition on behalf of their
constituents in support of after school programs; which was referred to the Committee on Education.
Bills Introduced
Delegate Boggs announced the reintroduction and references to the various standing
committees of the following bills from the First Regular Session of the 80th Legislature: House Bills
2002, 2003, 2005, 2006, 2007, 2009, 2010, 2015, 2016, 2018, 2020, 2021, 2023, 2024, 2025, 2027,
2028, 2029, 2030, 2032, 2033, 2034, 2035, 2036, 2037, 2038, 2039, 2040, 2041, 2043, 2044, 2045,
2046, 2047, 2048, 2049, 2050, 2051, 2052, 2053, 2055, 2056, 2057, 2059, 2060, 2061, 2062, 2063,
2064, 2067, 2068, 2069, 2071, 2073, 2077, 2078, 2079, 2081, 2082, 2084, 2085, 2086, 2087, 2090,
2091, 2092, 2093, 2094, 2095, 2097, 2098, 2099, 2100, 2102, 2103, 2104, 2105, 2106, 2107, 2108,
2110, 2111, 2112, 2114, 2115,2117, 2118, 2119, 2120, 2121, 2122, 2123, 2124, 2125, 2126, 2127, 2128, 2129, 2130, 2131, 2132, 2133, 2134, 2136, 2137, 2138, 2140, 2142, 2143, 2145, 2146, 2147,
2149, 2150, 2151, 2152, 2153, 2154, 2157, 2158, 2160, 2162, 2163, 2164, 2165, 2166, 2167, 2168,
2169, 2170, 2171, 2172, 2173, 2174, 2176, 2177, 2178, 2179, 2180, 2181, 2182, 2183, 2184, 2186,
2187, 2188, 2189, 2190, 2191, 2192, 2193, 2194, 2195, 2196, 2197, 2198, 2200, 2201, 2202, 2203,
2204, 2205, 2206, 2207, 2208, 2209, 2210, 2211, 2212, 2213, 2214, 2215, 2216, 2217, 2218, 2219,
2220, 2221, 2223, 2224, 2225, 2226, 2227, 2228, 2229, 2230, 2231, 2232, 2233, 2234, 2235, 2236,
2237, 2238, 2239, 2241, 2242, 2244, 2245, 2246, 2247, 2249, 2250, 2251, 2252, 2253, 224, 2255,
2256, 2257, 2258, 2263, 2267, 2268, 2269, 2270, 2271, 2272, 2273, 2274, 2275, 2276, 2277, 2278,
2280, 2285, 2286, 2287, 2290, 2291, 2292, 2293, 2294, 2295, 2296, 2297, 2299, 2300, 2301, 2302,
2304, 2305, 2306, 2307, 2308, 2309, 2310, 2311, 2312, 2313, 2314, 2315, 2316, 2318, 2319, 2321,
2322, 2323, 2324, 2326, 2327, 2328, 2329, 2330, 2331, 2332, 2333, 2334, 2335, 2336, 2337, 2338,
2339, 2341, 2342, 2343, 2344, 2349, 2353, 2354, 2355, 2356, 2357, 2358, 2359, 2360, 2361,
2363, 2364, 2366, 2369, 2371, 2373, 2374, 2375, 2376, 2378, 2379, 2380, 2381, 2384, 2385, 2388,
2389, 2390, 2391, 2392, 2393, 2394, 2395, 2396, 2401, 2402, 2404, 2405, 2406, 2408, 2409, 2410,
2411, 2412, 2413, 2414, 2415, 2417, 2418, 2419, 2420, 2421, 2422, 2423, 2424, 2425, 2426, 2428,
2429, 2430, 2432, 2433, 2434, 2435, 2436, 2439, 2440, 2443, 2444, 2445, 2446, 2447, 2452, 2455,
2456, 2457, 2460, 2461, 2462, 2463, 2465, 2466, 2467, 2468, 2469, 2470, 2471, 2472, 2473, 2477,
2478, 2481, 2482, 2483, 2486, 2488, 2489, 2490, 2491, 2492, 2493, 2494, 2497, 2499, 2500, 2506,
2507, 2508, 2509, 2510, 2515, 2521, 2526, 2527, 2529, 2533, 2534, 2535, 2536, 2537, 2541, 2543,
2544, 2545, 2548, 2549, 2553, 2554, 2558, 2564, 2651, 2652, 2653, 2655, 2656, 2657, 2658, 2659,
2661, 2662, 2664, 2665, 2666, 2667, 2668, 2669, 2670, 2671, 2672, 2674, 2676, 2677, 2678, 2680,
2683, 2684, 2685, 2688, 2689, 2690, 2702, 2705, 2707, 2710, 2712, 2713, 2714, 2715, 2716, 2717,
2718, 2719, 2720, 2721, 2722, 2723, 2724, 2725, 2726, 2727, 2728, 2730, 2733, 2734, 2735, 2736,
2740, 2741, 2743, 2744, 2749, 2751, 2753, 2754, 2755, 2767, 2768, 2769, 2771, 2772, 2773, 2774,
2775, 2777, 2780, 2781, 2782, 2783, 2785, 2786, 2788, 2789, 2790, 2791,2793, 2794, 2795, 2797,
2798, 2800, 2801, 2803, 2805, 2807, 2808, 2809, 2810, 2812, 2814, 2815, 2816, 2817, 2819, 2820, 2822, 2823, 2825, 2826, 2827, 2828, 2829, 2830, 2831, 2833, 2834, 2839, 2840, 2841, 2846, 2847,
2848, 2851, 2858, 2862, 2866, 2867, 2872, 2883, 2887, 2889, 2891, 2894, 2914, 2915, 2916, 2917,
2920, 2923, 2929, 2934, 2937, 2940, 2941, 2944, 2945, 2948, 2964, 2965, 2967, 2968, 2976, 2978,
2982, 2987, 2991, 2992, 2996, 3001, 3002, 3005, 3009, 3010, 3015, 3022, 3023, 3024, 3025, 3027,
3030, 3031, 3035, 3040, 3041, 3042, 3045, 3046, 3048, 3051, 3053, 3055, 3056, 3057, 3059, 3065,
3069, 3072, 3079, 3083, 3085, 3088, 3093, 3097, 3103, 3104, 3106, 3107, 3108, 3110, 3111, 3113,
3118, 3127, 3128, 3129, 3131, 3132, 3133, 3135, 3139, 3140, 3141, 3142, 3148, 3150, 3153, 3154,
3156, 3157, 3158, 3159, 3160, 3161, 3162, 3167, 3168, 3170, 3173, 3174, 3175, 3176, 3177, 3178,
3181, 3183, 3184, 3187, 3188, 3189, 3193, 3197, 3200, 3201, 3203, 3206, 3207, 3210, 3211, 3212,
3213, 3215, 3216, 3217, 3219, 3220, 3221, 3224, 3226, 3227, 3228, 3230, 3232, 3224, 3235, 3236,
3237, 3242, 3247, 3248, 3250, 3252, 3253, 3254, 3255, 3256, 3257, 3258, 3259, 3260, 3261, 3262,
3266, 3267, 3268 and 3270.
At 12:17 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 6:50 p.m.,
and reconvened at that time.
* * * * * ** * * * * *
Evening Session
* * * * * * * * * * * *
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a
concurrent resolution of the House of Delegates as follows:
H. C. R. 1, Raising a Joint Assembly to hear an address by His Excellency, the Governor.
JOINT ASSEMBLY
The Doorkeeper, the Honorable John A. Roberts, of the County of Berkeley, announced the
Board of Public Works, who were escorted to the seats reserved for them.
The Doorkeeper then announced the Honorable Menis Ketchum, Chief Justice of the Supreme Court of Appeals, and Justice Thomas McHugh, who entered the Hall of the House of
Delegates and took the seats reserved for them.
The Doorkeeper next announced the Honorable Jeffrey Kessler, President, and the members
of the West Virginia Senate, who entered the Hall of the House of Delegates.
The Speaker invited the President to be seated to his right and the other members to be seated
in the places reserved for them in the Well of the House.
The Speaker then recognized the Doorkeeper, who announced the special committee to wait
upon His Excellency, the Governor, and escort him into the Chamber.
Delegate D. Campbell, from such committee, announced that, pursuant to the invitation of
the Legislature, His Excellency, the Governor, was present for the purpose of addressing the Joint
Assembly.
The Committee then escorted His Excellency, the Governor, to the Clerk's Desk. (The
Members rising)
The Speaker presented the Honorable Earl Ray Tomblin, who addressed the Joint Assembly
as follows:
Address by the Governor
The Governor.
Mr. President, Mr. Speaker, Members of the Board of Public Works,
Justices of the Supreme Court of Appeals, Members of the State Board of Education, Members of the
Legislature, Distinguished Guests, and My Fellow West Virginians:
The West Virginia Way
I am humbled and honored to stand before you this evening. We are on the verge of
experiencing a new and dynamic chapter in the history of West Virginia. (Applause) Avenues of
opportunities lay before us. There will be challenges along the way, but make no mistake, our
trajectory is upward. It is our strength, talent, creativity, and clarity of purpose that gives us the
capacity to achieve greatness.
And while we can achieve greatness, our success is not guaranteed. Outcomes will be based
on our willingness to use our unique abilities and skills for a greater West Virginia. Each of us can
make a difference in the lives of our people and our State. And with the knowledge and confidence that the State of our State is stable and strong, NOW IS THE TIME to build on our strength.
(Applause)
This is not Washington D.C., where partisan bickering has subverted the legislative process.
This is West Virginia. (Applause)
This is where the republican and democrat, liberal and conservative,
come together, resolve differences, and take decisive action. This ability was made clear, when we
came together and overwhelmingly passed legislation to develop the Marcellus Shale, create jobs and
provide economic benefits to the entire state.(Applause)
This is not Washington D.C., where uncontrolled spending has led to uncertainty, a lack of
confidence, and a fundamental breakdown in the operation of government. This is West Virginia.
(Applause)
This is where we figured out in a realistic way to cut waste, balance the budget, reduce the
tax burden, and commit to our citizens and our businesses, that this is a great place to work, live, and
play. (Applause)
This is not Washington D.C., where the EPA and other governmental agencies engage in
back-door policy making that threatens the very livelihood of so many of our fellow citizens. This is
West Virginia, where we appreciate the need for reasonable, open environmental regulations but
understand the fundamental need for jobs and for low cost, reliable energy developed right here in the
United States of America. (Applause)
We have a responsibility to the people of West Virginia to manage our state's finances
responsibly. I take this duty very seriously. Our continued success depends on the choices that we
make about every dollar we take in and every dollar we spend.
Not every governor can say this:
The 2013 budget I present to you this evening is balanced!
(Applause)
I do not propose creating any new taxes.
The budget I submit to you tonight contains $84 million in tax relief.
(Applause)
As we
promised, 10 days ago, the sales tax on food was reduced by 1 percent and another 1 percent reduction
is scheduled in July. This provides $54 million in relief directly to consumers in the state. And this
year we have further reduced the tax burden on businesses by approximately $30 million, by lowering
our business franchise and corporate net income tax rates. Think for a moment about these changes.
This administration and this Legislature, in bipartisan cooperation, enacted these tax reductions for
individuals and employers, ALL while balancing our budget and providing the essential services our
citizens need.
(Applause)
We in West Virginia must continue to forge our own path. We must continue to build bridges
between business and labor to create jobs. We must come together regardless of our political
persuasion - to put West Virginia First. Our citizens demand it - and their message is clear - they want
good paying jobs. Therefore, I ask each of you to join me tonight in building a better, stronger, and
more vibrant West Virginia - not just for tomorrow - but for generations to come. (Applause)
Jobs
A year ago, I pledged to go anywhere, do anything, and spend every waking moment focused
on encouraging the creation of more jobs. While we have had success, our focus, must remain laser
sharp. Our future demands that we create the right economic environment where the private sector
is encouraged to invest, and create good paying jobs with benefits. Jobs that allow every hard working
West Virginian the ability to provide a good life for their family. After a year of leading our State,
I want you to know that my commitment to that vision is stronger than ever.
2011 was a year of significant progress. Companies invested almost $3 billion in our State.
This is a 36 percent increase in investment over 2010. Those investments reflect the diversified nature
of the economy we are building. Companies like Toyota, who for the sixth time in their history here
in West Virginia has expanded, investing $64 million and adding 40 more jobs in Putnam County.
Quad Graphics in Berkeley County made a $15 million investment to strengthen its manufacturing
platform. This move will create 400 new local jobs. Caiman Energy in Marshall County will invest
over a quarter of a billion dollars for a new processing plant; Macy's will complete construction and
open their Berkeley County fulfillment center employing over 1,000 West Virginians, Amazon will
create 200 new jobs and Alcon over 300 jobs in Cabell County. Orrick, Herrington & Sutcliffe will
grow in Ohio County by another 100 jobs; Rue 21's distribution facility in Brooke County will expand
and add 75 new jobs. And the list goes on. Equally as important, I am confident that this activity is
only the beginning.
We are helping our existing companies succeed and grow by exporting more of our resources
and products around the world. For almost all of the past two years West Virginia has led the nation
in export growth.
Once again in 2011 West Virginia demonstrated our national leadership in energy production.
We successfully recruited new companies like MarkWest Liberty, which has announced that it will
invest $400 million to build a new natural gas facility and pipeline in Wetzel and Marshall Counties.
Other energy companies like Weatherford International, Superior Appalachian Pipeline, Dominion Transmission, American Municipal Power and AEP are all making new investments in our state.
Aqua Transfer and Oilfield Solutions, a high-tech company relying on natural gas
development has chosen Upshur County to open a new office that will create 50 jobs. In Kanawha
County, the Audubon company is creating 75 jobs to provide engineering services for oil, gas and the
petrochemical industry.
And of course, companies such as Arch, Alpha, Alliance, United Coal, Patriot and countless
other mining companies continue to invest in West Virginia, maintaining and creating jobs. Coal is
and always will be a part of our future.
(Applause)
Our State continues to demonstrate that it can compete on a global level in a worldwide
economy. One such example is Carbonxt, Inc., an Australian based company, which recently
announced plans to build a $30 million plant to convert coal into pure carbon. A product which will
help make coal-fired plant emissions burn cleaner. This clean coal technology will be produced here
in Kanawha County and will create 40 high-tech, manufacturing jobs.
All of these are important investments in our state and we should all be proud that these
companies share our confidence in West Virginia and her people. And, while we have made progress
and our unemployment rate is below the national average. We need more good paying, stable jobs.
Too many of our citizens are still suffering from the recent recession. We must stop the outsourcing
of American jobs to foreign countries. We must reinvigorate manufacturing in our state! This is West
Virginia where 'Made in America' still has meaning! (Applause)
As leaders of this State, we need to understand that our mission is to create a business climate
that fosters job development. It is our responsibility to have the discipline, the know - how, the
determination and most importantly - the pride - to take steps that will unleash the engines of our
economic future.
We must be responsible stewards of State finances and live within our means. We did that
with our West Virginia Unemployment Trust Fund. Our fund is stable and solvent. While 27 other
states have had to borrow billions of dollars from the federal government to pay benefits, we have not
borrowed one dime! (Applause)
And now, those states, have had no other choice but to levy higher
taxes, which makes West Virginia more attractive.
We took the necessary steps to reform and privatize our workers' compensation system. That
effort has resulted in rates that have been reduced by more than 47 percent since 2005. Our premiums
are now below the national average! Our hard work is paying off. Our bond ratings continue to improve, and that saves taxpayers money.
Let me now speak very directly about one of my problems with Washington.
As long as I am Governor I will continue to fight this administrations war on coal! (Applause,
the members rising in ovation)
A few months ago, a federal court agreed with our lawsuit and ruled
that the federal EPA had in fact overstepped its authority. I will keep fighting until Washington
recognizes that one of the keys to America's future is the use and promotion of our natural resources.
It is a fight from which I will not shrink, and one that I fully expect to win!
Just as we must continue to mine coal, we must make certain that our miners are safe. We
have created a new rock dusting laboratory. We have increased the number and the salaries for our
mine inspectors. We are re-checking our rescue chambers to make sure that they are safe. And, we
have diligently worked to determine the causes of the Upper Big Branch disaster to make sure a
disaster like that never happens again!
(Applause)
To build on this progress, I will submit legislation designed to improve mine safety. This
legislation will enhance rock dusting standards, protect whistleblowers, mandate methane sensors at
long walls, and increase pre-shift reviews. We will prohibit mines from announcing that an inspector
is coming, and we will provide more training for self-rescuers. (Applause)
We will also begin a year-
long study on the training of our inspectors, our foremen, and our miners. Coal mining is a dangerous
profession, but we can make it safer. One death in our mines is one death too many. (Applause)
Finally, now is the time to make sure that our mines are drug free. Much like Virginia and
Kentucky, we will implement our own drug-testing program. No workplace can tolerate a person
impaired by drugs, particularly in our mines.
(Applause)
In addition to our use of coal, there is a new opportunity of which we must take advantage.
Thousands of feet below the surface of West Virginia is the Marcellus Shale. The extraction of natural
gas and other byproducts can be a significant job creator and provide billions of dollars' worth of
economic benefits to our State. We've taken the first step. With broad bipartisan support this
Legislature passed reasonable regulations to protect the environment while providing the regulatory
certainty needed to encourage new job opportunities right here at home
.
(Applause)
Tonight, I am proud to announce that new, good paying, permanent jobs will be coming to
Harrison County based in part on the growing opportunities associated with the development of the
Marcellus Shale. The Baker Hughes company will create 275 new jobs at a new $40 million facility
to be built along Interstate 79. This is one more tangible sign of the enormous potential to create West Virginia jobs through the responsible development of our natural resources.
(Applause)
We thank
Baker Hughes and we welcome Chad Deaton, Executive Chairman of the Board of Directors and
George Bernhardt, Managing Counsel, who are with us here tonight.
(Applause)
Natural gas can help reduce our nation's dependence on foreign oil. Cost effective
technology is now available to retrofit our vehicles to run on natural gas. I have entered into an
agreement with seven other states to work with automakers to encourage increased production of cars
that run on natural gas. We will also explore the conversion of some of our fleet operations to natural
gas. It makes sense to start using fuels for our cars and buses that we produce right here in West
Virginia. It is in America's best interest, and we can lead the way.
Of course, one of the biggest potential benefits of the Marcellus Shale development is the
opportunity to re-energize manufacturing in our state. One ethane cracker, by itself, would mean a
multi-billion dollar, multi-year investment in West Virginia with thousands of construction jobs and
hundreds of good paying permanent jobs. The American Chemistry Council estimates that we could
create an additional 12,000 manufacturing jobs in West Virginia with the construction of an ethane
cracker. This session I will submit legislation to further refine our incentives in a fashion I believe will
strengthen our competitiveness in achieving that goal. (Applause)
And let me be clear about my
intentions. I will do everything in my power to make sure that West Virginia is positioned to take full
advantage of this opportunity. I will not limit our efforts to just one project or even two. We will
compete for every project - every dollar of investment and every new job that relies on the natural
resources with which we have been so blessed. (Applause)
It is essential that we don't forget the importance that modern infrastructure plays in West
Virginia's economic future. We must find innovative ways to invest in safe water and sewer systems,
invest in new and improved schools, in roads and broadband access. To aid in this goal, I will submit
legislation that will call for 50 percent of surplus revenues to be placed in an infrastructure fund once
the Rainy Day Fund reaches 15 percent of the General Revenue. (Applause)
We have to invest in
ourselves if we expect others to invest in us.
While speaking about infrastructure, let me take a moment to focus on driver safety. With
the advent of iPhones, BlackBerries, 4G networks, and texting, the number of people who are using
mobile phones while driving has and continues to increase. And, with that increase, there has been
an equally dramatic increase in the number of driving fatalities where distracted driving was involved.
This is a dangerous activity. It is unsafe and it puts all drivers at risk - especially our young people. Now is the time to save lives! I will submit legislation that will ban the use of cell phones without
hands-free equipment and text messaging while driving. (Applause)
I want West Virginians to remain
free from distracted drivers on our public highways.
Veterans and Jobs
As we embark upon a new year, we tend to take stock of where we have been and make note
of where we are going. At no other time has this sense of past and future resonated more, than with
the joy and anticipation of our troops coming home.
Let us express our heartfelt thanks. I would like to introduce Sergeant First Class Benjamin
Gentry III and Staff Sergeant James Providenti, who were part of the first and last units deployed to
Iraq and First Sergeant Robert Cassas, who was deployed in Afghanistan. We are so glad that the best
among us, who volunteered to serve and protect our liberty, are back.
Welcome Home! (Applause, members rising in ovation)
As we welcome our troops' home, and wait eagerly for others to return, we must do all that
we can to help provide rewarding opportunities for these Heroes. They are returning with significant
skills and experiences learned from their military training that will lead to employment opportunities
here at home.
That is why I am proud to announce the West Virginia Employment Initiative Program. Now
is the time to increase employment opportunities for military members and veterans by providing job
training and vocational counseling, facilitating job searches, and referring qualified applicants to job
openings. It is right and fitting that we do all that we can to serve those who have served us; sacrificed
for us and done so much to preserve our freedom and protect us from harm. (Applause)
Strengthening Our Education System
Everything I have touched on tonight centers around providing job opportunities for all West
Virginians.
Speaking of good jobs, I want you to join me in congratulating two outstanding universities
that took us to victory in two bowl games this year. Let's express true West Virginia pride by
congratulating Coach Doc Holiday of Marshall and Tyler Rader of West Virginia University!
(Applause, the members rising in ovation)
Let me be clear that nothing is more important to creating good jobs than providing a world
class education for both our children and adults. The world economy demands lifetime learning. We
must start by refocusing our education system on the best interest of the student. If we want our children to have a future of their own choosing, we must meet their educational needs from the first
day of school until graduation and beyond. We must elevate our aspirations, and challenge one another
to participate in the world as productive, income-earning members of society.
To get a better understanding of best practices in our sister states and identify efficiencies in
our education system, we hired outside private experts to conduct an efficiency audit.
As a result of that work, we now have ideas that can save approximately $90 million for use
in our education system every year. These recommendations have the potential to eliminate overlap
and allow our schools to work smarter and more efficiently.
The audit identified potential areas where West Virginia can develop its own best practices
for our education system. The audit recommends using new technologies to assist rural communities,
giving local officials more authority over their schools, better methods for evaluating teachers,
enhancing our teacher mentoring program, and adequately compensating our professional educators.
We cannot achieve all of these goals overnight. But it is one of my highest priorities. Every West
Virginian concerned about our education system needs to take the opportunity to review and discuss
this report so we can begin to take advantage of its recommendations, and do so in a way that is right
for West Virginia.
This year, I will introduce legislation incorporating student achievement into every teacher
performance evaluation. This bill will codify a pilot program currently in place and expand it to
require yearly assessments of teacher performance. It is a plan I believe can help make our good
teachers great and identify a teacher who needs our help to be better. (Applause)
I will also introduce legislation that will establish a pilot program to improve struggling local
schools. Under this pilot program, local administrators and educators will be granted flexibility to
attract qualified teachers into those local schools in an effort to obtain better results for our students.
This legislation will be implemented in coordination with the Reconnecting McDowell Project, a
public - private partnership involving over 40 organizations that will focus on everything from jobs
and economic development, housing and transportation, technology and services for students and their
families. And, I would like to recognize one of our partners in this effort, Randi Weingarten, President
of the American Federation of Teachers. (Applause)
In support of this effort, tonight, I am pleased to announce that Save the Children will match
$1 million in state funds with a $500,000 investment in McDowell County. (Applause)
Save the
Children will partner with 3 elementary schools and their administrators to focus on literacy. Children in rural counties should have the same chance to succeed as children who live in the most affluent
areas of America. (Applause)
Because of this, I am confident that we will bring those opportunities
to the children of McDowell County. I am also confident that these efforts will serve as a model of
what we can do throughout the state when we work together. (Applause)
Learning opportunities come in all forms and are not restricted just to the classroom. Another
landmark educational opportunity for our citizens, and for young people all over the world, is taking
shape in Fayette County. In 2013 the National Boy Scout Jamboree will attract more than 50,000 Boy
Scouts and Scout leaders from across the country to the new home of the Boy Scouts of America at
the Summit Bechtel Reserve. (Applause)
In 2019, for the first time in 50 years the World Jamboree
will return to the United States and bring 80,000 scouts and their families to the spectacular hills of
West Virginia. (Applause)
We pledge to make the scouts as proud of their decision to come to our
state, as we are to have them here. I want to introduce to you Mike Patrick - COO of the Bechtel
Summit Reserve and Steve McGowan - Lead Volunteer for the Boy Scouts of America and ask that
you join me in thanking them for choosing West Virginia as the Scouts permanent home. (Applause,
the members rising in ovation)
We must also continue to bridge the gap between our education system, its research
components and the potential for new business development with, job creation. One of the best
examples of the fusion of these three areas can be found in Morgantown at Protea Biosciences. Protea
was launched as a spin-off from West Virginia University in 2001. It was largely financed by a loan
from West Virginia Jobs Investment Trust. Protea was recently recognized as one of the Top Ten
Innovative Technology Companies in the world for the life sciences. This recognition was for the
development of a first of its kind imaging technology that allows for real-time imaging of live cells.
The result is that Protea, a start-up company nurtured here in West Virginia, will revolutionize the
precision and speed by which cancer is diagnosed and monitored. Protea represents in every way what
I know West Virginia can produce with smart partnerships between our colleges, universities and the
private sector. (Applause)
As we do every year, I also want to congratulate a teacher who strives to bring out the best
in their students. It is very encouraging to know that we have wonderful, committed teachers like Bob
Morris of Clay County High School. Mr. Morris is the Toyota Motor Manufacturing, Highmark Blue
Cross Blue Shield teacher of the year. Bob teaches agriculture and forestry in Clay County, while also
continuing his own education through WVU's Extended Learning program. So let us congratulate Bob Morris for being recognized as the teacher of the year. And let's thank Yoji Suzuki, President and
Mike Lutz, General Manager of Toyota Motor Manufacturing of West Virginia; along with Fred
Earley, President and Cathy McAlister, Communications Manager of High Mark Blue Cross Blue
Shield for their continuing support of our educators. (Applause)
Substance Abuse and Jobs
Reducing the unemployment rate is not just about education or the availability of jobs.
Unfortunately, there are some places in West Virginia where jobs are available, but there are not
enough qualified, drug-free, West Virginians to fill them.
Illegal drug use and the abuse of prescription drugs affect all of us. It is an equal opportunity
destroyer of dreams and lives. It affects the poor, the affluent, the educated, and everyone in between.
That is why this past year I formed the Governor's Substance Abuse Advisory Council and six
Regional Task Forces.
My Advisory Council and Task Forces have been collecting the facts, working with
prevention, detection, and treatment experts in order to increase the access and effectiveness of our
substance abuse programs.
Solving our drug problems is not just about increasing criminal penalties. I have learned that
we must use technology to fight our drug problems and enhance enforcement. We must, use our
prescription monitoring program so that when an abuser tries to doctor or pharmacy shop, we stop it.
(Applause)
I have also learned that far too often graduates of our State programs do not return to the
work force because they cannot pass a drug test. When this happens we have lost valuable education
dollars, we have lost a productive member of our community, and we have lost the opportunity to
strengthen our economy. I will therefore require that individuals pass a drug screening prior to
enrolling in our state's taxpayer funded workforce training programs. Now is the time to get serious
about ending drug abuse and addiction. (Applause, the members rising in ovation)
Our Commitment to Fiscal Responsibility
Tackling our State's drug problems will take time, commitment, and perseverance. The same
is true with respect to handling the States finances. Our nation is still recovering from the worst
recession since the Great Depression. The global economy is threatened by instability in Europe and
beyond. The ballooning federal debt means we can expect the Federal Government to make decisions
that will negatively impact our State.
But this is West Virginia. Our State's finances are a source of strength. We have a proven track record of balancing budgets. We have one of the best rainy day funds in the nation, with a
surplus of over $820 million. We pay our bills on time and we keep our financial commitments to our
retirement systems.
Over the past several years we have taken steps to reduce the corporate net income tax and
to phase out the sales tax on food as well as the business franchise tax. These tax changes provide
relief for our taxpayers while making our state more competitive for business growth.
While we can be very proud of these accomplishments, we cannot rest on our laurels. We face
a future with exploding Medicaid expenses, increased enrollment, medical cost inflation; declining
lottery revenues; and uncertain economic times.
We will meet these challenges with the same pragmatic approach that we have applied over
the past twenty-five years as we have grown from a State on the brink of bankruptcy to become a
beacon of fiscal health in a nation where shortfalls have been the norm.
We changed our mindset and our spending practices to accomplish fiscal stability. And it
has made all the difference in the world.
While I am pleased with this success, we have one more, large outstanding obligation that
we must address for the future of our state: Other Post-Employment Benefits or OPEB. (Applause)
We knew we had some hard choices to make and we made them. Along with that commitment to act
responsibly, just last month, the PEIA Board took a monumental step forward, and cut our OPEB
liability in half. This was a significant effort led by a host of groups, including several unions. I want
to thank them for stepping up to the plate and helping to solve this issue. Today, OPEB is the last
unfunded liability we have to face. And I will provide specific legislation this session to eliminate
it once and for all! (Applause)
With OPEB under control, West Virginia will have the ability to reach the upper echelons
of financial strength and stability. This is what business investors want to see a state that can stand on
its own financially. West Virginia has proven it can stand on its own and recent investments have
demonstrated that West Virginia is a state where businesses want to invest and create jobs.
More jobs...and lower taxes...is not just a slogan.
It is a strategy. Together, we are making it happen in West Virginia. We will not only
celebrate our accomplishments. We will reshape our future. We will build a new West Virginia. One
where our schools prepare our children for future employment, our communities are drug free, good
jobs are plentiful, and our families can stay and prosper in West Virginia.
Help me make this happen. Together we can make a difference. Together we can make West
Virginia all it can be. Now is the time!
Thank you, God Bless You, God Bless America, and God Bless the Great State of West
Virginia! (Applause, the members rising in ovation)
* * * * * * *
At the conclusion of the address, His Excellency, the Governor, accompanied by the
Committee of Escort, retired from the Hall of the House of Delegates.
The Doorkeeper escorted the invited guests from the Chamber.
The members of the Senate retired to their Chamber, and the Speaker declared the Joint
Assembly dissolved.
The Speaker then called the House of Delegates to order and laid the following
communication from His Excellency, the Governor, before the House:
State of West Virginia
OFFICE OF THE GOVERNOR
Charleston, WV
January 11, 2012
Executive Message No. 1
2012 Regular Session
The Honorable Richard Thompson, Speaker
West Virginia House of Delegates
Charleston, West Virginia 25305
Dear Mr. Speaker:
I herewith submit, pursuant to the Constitution of the State of West Virginia, a budget and
budget bill for the fiscal year beginning July 1, 2012.
With warmest regards,
Earl Ray Tomblin,
Governor.
Whereupon,
In compliance with Subdivision (4), Subsection (B), Section 51, Article VI of the
Constitution, the Speaker introduced the following bill, which was read by its title and referred to
the Committee on Finance:
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 4013 - "A Bill making appropriations of public money out of the Treasury in
accordance with Section 51, Article VI of the Constitution."
Accompanying the Budget Bill was a document showing estimates of revenue, expenditures,
etc., as required by Section 51, Article VI of the Constitution which was also referred to the
Committee on Finance.
Miscellaneous Business
The Clerk next laid before the House the following communications:
NOTICE OF COMMITTEE APPOINTMENTS
Effective December 29, 2011, the Speaker made the following adjustments to the Standing
Committees of the House:
Delegate Cann - Transferred from Government Organization to Finance
Delegate Doyle - Transferred from Finance to the Judiciary
Delegate Duke - Appointed to Rules Committee
Delegate Manchin - Transferred from Finance to the Judiciary
Delegate C. Miller - Transferred from the Judiciary to Finance
Delegate Skaff - Transferred from the Judiciary to Finance - Also appointed Chair of Economic
Development and Small Business
Delegate Staggers - Appointed Chair of Roads and Transportation
Effective January 11, 2012, the Speaker made the following adjustments to the Standing Committees of the House:
Delegate Brown - Removed from Energy, Industry and Labor, Economic Development and Small
Business
Delegate Caputo - Transferred from the Judiciary to Education
Delegate Pino - Appointed Vice Chair of Economic Development and Small Business
Delegate D. Poling - Transferred from Political Subdivisions to Energy, Industry and Labor,
Economic Development and Small Business
Delegate L. Phillips - Transferred from Vice Chair of Economic Development and Small
Business to Vice Chair of Roads and Transportation
Delegate Stowers - Transferred from Banking and Insurance to Vice Chair of Pensions and
Retirement
Delegate Walker - Transferred from Education to the Judiciary
This notice is provided in accordance with House Rule 17.
Gregory M. Gray
Clerk of the House
January 11, 2012
The Speaker then announced Standing Committees for the Second Regular Session, 2012,
as follows:
AGRICULTURE
Butcher (Chair), Walker (Vice Chair), Boggs, Guthrie, Hall, Manypenny, Martin, Morgan,
L. Phillips, R. Phillips, M. Poling, Reynolds, Rodighiero, Swartzmiller, Wells, Williams, Evans
(Minority Chair), Canterbury (Minority Vice Chair), Anderson, Border, Ireland, C. Miller,
Overington, Romine, Storch.
BANKING AND INSURANCE
Moore (Chair of Banking), Reynolds (Vice Chair of Banking), Perry (Chair of Insurance),
Hall (Vice Chair of Insurance), Cann, Ferns, Fragale, Frazier, Hartman, Hunt, Iaquinta, Mahan,
Manchin, Michael, Morgan, Shaver, Walker, Azinger (Minority Chair of Banking), J. Miller,
(Minority Vice Chair of Banking), Ashley (Minority Chair of Insurance), Walters (Minority Vice
Chair of Insurance), Carmichael, Nelson, O'Neal, Savilla.
CONSTITUTIONAL REVISION
Fleischauer (Chair), Guthrie (Vice Chair), Brown, Caputo, Doyle, Ferro, Fragale, Frazier,
Hatfield, Hunt, Marshall, Moore, Morgan, Perdue, Poore, Varner, Wells, Overington (Minority
Chair), Romine (Minority Vice Chair), Armstead, Ellem, Householder, Kump, Lane, Sobonya.
EDUCATION
(1 Vacancy)
M. Poling (Chair), Paxton (Vice Chair), Barill, D. Campbell, Caputo, Craig, Crosier, Fragale,
Lawrence, Moye, Perry, Pethtel, Rodighiero, Shaver, Smith, Duke (Minority Chair), Sumner
(Minority Vice Chair), Armstead, Ellington, Gearheart, Pasdon, Rowan, Savilla, Sigler.
ENERGY, INDUSTRY AND LABOR, ECONOMIC DEVELOPMENT AND SMALL
BUSINESS
(1 Vacancy)
Barker (Chair of Energy, Industry and Labor), Shaver (Vice Chair of Energy, Industry and
Labor), Skaff (Chair of Economic Development and Small Business), Pino (Vice Chair of Economic
Development and Small Business), Barill, Butcher, Caputo, Fleischauer, Mahan, Manypenny,
Marshall, Martin, Moye, Paxton, D. Poling, Walker, Sobonya (Minority Chair of Energy, Industry
and Labor), C. Miller (Minority Vice Chair of Energy, Industry and Labor), Andes (Minority Chair of Economic Development and Small Business), Carmichael (Vice Chair of Economic Development
and Small Business), Savilla, Sigler, Snuffer, Storch.
FINANCE
White (Chair), T. Campbell (Vice Chair), Cann, Guthrie, Iaquinta, Mahan, Marshall, Perdue,
L. Phillips, D. Poling, M. Poling, Reynolds, Skaff, Stowers, Varner, Williams, Anderson (Minority
Chair), Carmichael (Minority Vice Chair), Andes, Ashley, Canterbury, Cowles, Evans, C. Miller,
Walters.
GOVERNMENT ORGANIZATION
(1 Vacancy)
Morgan (Chair), Stephens (Vice Chair), Boggs, Butcher, Ferns, Givens, Hall, Hartman,
Hatfield, Jones, Martin, R. Phillips, Staggers, Swartzmiller, Talbott, Romine (Minority Chair),
Azinger (Minority Vice Chair), Border, Householder, Howell, Kump, Nelson, Snuffer, Storch.
HEALTH AND HUMAN RESOURCES
Perdue (Chair), Hatfield (Vice Chair), Barill, D. Campbell, T. Campbell, Ferns, Fleischauer,
Lawrence, Marshall, Moore, Moye, Perry, L. Phillips, Poore, Rodighiero, Staggers, Ellington
(Minority Chair), J. Miller (Minority Vice Chair), Andes, Border, Householder, Lane, C. Miller,
Pasdon, Rowan.
JUDICIARY
Miley (Chair), Hunt (Vice Chair), Barker, Brown, Doyle, Ferro, Fleischauer, Frazier, Longstreth, Manchin, Manypenny, Michael, Moore, Pino, Poore, Walker, Wells, Ellem (Minority
Chair), Lane (Minority Vice Chair), Hamilton, Ireland, J. Miller, O'Neal, Overington, Sobonya.
NATURAL RESOURCES
Talbott (Chair), Crosier (Vice Chair), Fragale, Guthrie, Hall, Manypenny, Martin, L. Phillips,
R. Phillips, Pino, Reynolds, Rodighiero, Shaver, Swartzmiller, Varner, Wells, Hamilton (Minority
Chair), Ireland (Minority Vice Chair), Anderson, Canterbury, Duke, Ellem, Evans, Romine, Sigler.
PENSIONS AND RETIREMENT
Pethtel (Chair), Stowers (Vice Chair), Givens, Guthrie, D. Poling, Canterbury, Duke.
POLITICAL SUBDIVISIONS
(1 Vacancy)
Manchin (Chair), Lawrence (Vice Chair), Cann, Doyle, Frazier, Hartman, Jones, Longstreth,
Morgan, R. Phillips, Poore, Smith, Stephens, Varner, Williams, Sumner (Minority Chair), Cowles
(Minority Vice Chair), Duke, Ellington, Gearheart, Householder, Kump, O'Neal, Overington.
ROADS AND TRANSPORTATION
Staggers (Chair), L. Phillips (Vice Chair), Barker, Boggs, Butcher, T. Campbell, Crosier,
Hall, Michael, D. Poling, Skaff, Smith, Stephens, Stowers, Walker, Wells, Cowles (Minority Chair),
Evans (Minority Vice Chair), Ellington, Gearheart, Howell, Nelson, Pasdon, Savilla, Snuffer.
SENIOR CITIZEN ISSUES
Williams (Chair), Moye (Vice Chair), Butcher, D. Campbell, Craig, Ferro, Hatfield,
Longstreth, Manchin, Manypenny, Marshall, Moore, Pethtel, Pino, D. Poling, Stephens, Rowan
(Minority Chair), Duke (Minority Vice Chair), Gearheart, Hamilton, Howell, Kump, Sigler, Snuffer,
Sumner.
RULES
Thompson (Chair), Boggs, Caputo, Fragale, Hatfield, Marshall, Miley, Morgan, Paxton, M.
Poling, Talbott, Varner, White, Anderson, Armstead, Ashley, Carmichael, Duke, Overington,
Sumner.
VETERANS' AFFAIRS AND HOMELAND SECURITY
(1 Vacancy)
Iaquinta (Chair of Veterans' Affairs), Longstreth (Vice Chair of Veterans' Affairs),
Swartzmiller (Chair of Homeland Security), Smith (Vice Chair of Homeland Security), Cann, Craig,
Ferro, Fleischauer, Givens, Hatfield, Jones, Paxton, Pethtel, Staggers, Stephens, Azinger (Minority
Chair of Veterans' Affairs), Rowan (Minority Vice Chair of Veterans Affairs), Walters (Minority
Chair of Homeland Security), Ashley (Minority Vice Chair of Homeland Security), Armstead,
Howell, Nelson, O' Neal, Pasdon.
ENROLLED BILLS
Poore (Chair), D. Poling (Vice Chair), Fragale, Overington.
LEGISLATIVE RULE-MAKING REVIEW
Brown (Chair), D. Poling (Vice Chair), Fleischauer, Talbott, Overington, Sobonya.
FOREST MANAGEMENT REVIEW
Michael (Chair), Hartman (Vice Chair)
PARKS AND RECREATION
Wells (Co-Chair), Manypenny (Co-Chair)
* * * * * * *
At 7:52 p.m., on motion of Delegate Boggs, the House of Delegates adjourned until 11:00
a.m., Thursday, January 12, 2012.
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