hdj2012-02-15-36
__________*__________
Wednesday, February 15, 2012
THIRTY-SIXTH DAY
[Mr. Speaker, Mr. Thompson, in the Chair]
The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Rick
Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Tuesday, February 14, 2012, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
At the request of Delegate Boggs, and by unanimous consent, the House of Delegates
proceeded to the Seventh Order of Business for the purpose of introduction of resolutions.
Resolutions Introduced
Delegates Perry, Staggers, Pino and Walker offered the following resolution, which was read
by its title and referred to the Committee on Rules:
H. C. R. 70 - "Requesting that bridge number 8-16-14.75 in the Community of Hartland in Clay County, West Virginia, be named the 'Jones Brothers Memorial Bridge'."
Whereas, Mrs. Florida A. Jones of Hartland, Clay County, West Virginia, now deceased,
had five sons, four of whom she lost as they fought or prepared to fight to preserve the freedoms of
this nation and the world; and
Whereas, Mrs. Florida A. Jones was a member of the American Gold Star Mothers, Inc.,
an organization comprised of mothers who have lost a son or daughter in service to our country,
making Mrs. Jones a heartbroken yet proud member four times over; and
Whereas, The first of Mrs. Jones' sons to have his life cut short while loyally serving his
country was Pvt. Ozro Jones who, at twenty-eight years of age, was killed in July, 1943, while
fighting with an infantry division in New Guinea during World War II; and
Whereas, Mrs. Jones' second son to give his life for his country was Pvt. Burman Jones
who, at the young age of twenty-four, took his last breath when killed while engaged in combat
during the war-altering Battle of the Bulge in January, 1945, his death occurring only one and one-
half years after the death of his older brother, Ozro; and
Whereas, A mere six months later, in June of 1945, Mrs. Jones' third son, twenty-seven
year old Johnnie Jones, died in Okinawa where he served as a signalman with the United States
Army, Eighth Division; and
Whereas, The funeral for the three Jones brothers who sacrificed their lives in World War
II was conducted at the same time, held at the old Clay Funeral Home and, afterwards, the brothers'
bodies transported to the Reed Cemetery on horse drawn wagons; and
Whereas, Mrs. Jones was to suffer yet another loss when her fourth and youngest boy, Sgt.
Eugene Jones, crashed to his death while in paratroop training at Fort Benning, Georgia, at the age of twenty-five; and
Whereas, Only one of the Jones brothers survived his military experience in defense of our
country, S. Sgt. William Lawson Jones, another Jones brother who willingly and loyally served this
great nation even after having experienced the tragic and bittersweet loss of his entire family of
siblings; and
Whereas, The Jones family gave much more than its share in order to preserve our
freedoms, our country and our world as we know it, giving the ultimate sacrifice of not just one life
but the lives of four, forever altering the course of the Jones family as it journeyed forth through life
and future generations; and
Whereas, It is fitting and an honor for West Virginia to dedicate a bridge to the Jones
Brothers so that the memory of these men, the loss of these men and the future generations they may
have spawned will not be forgotten but, instead, brought to mind thousands and thousands of times,
indeed, every time the bridge is crossed over; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 8-16-14.75 in the
Community of Hartland, Clay County, West Virginia, the "Jones Brothers Memorial Bridge"; and,
be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested
to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge
the "Jones Brothers Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Commissioner of the Division of Highways and to Mr. Steve Thomas, the closest living relative of the Jones men who, with extreme loyalty, dedication and passion for this nation and
the State of West Virginia, so willingly offered their lives to preserve our freedoms.
Delegates Poore, Perdue, Marshall, Rodighiero, Fleischauer, Hatfield, Moye, L. Phillips and
Pasdon offered the following resolution, which was read by its title and referred to the Committee
on Rules:
H. C. R. 71 -"Urging Congress to pass legislation expanding federal oversight of methadone
treatment."
Whereas, West Virginia currently has nine for-profit methadone treatment centers; and
Whereas, While methadone treatment for opioid addiction provides assistance to many
individuals, as with any controlled substance, there is a risk of abuse with methadone; and
Whereas, According to the Centers for Disease Control and Prevention, nationwide deaths
involving methadone increased sevenfold between 1999 and 2006; and
Whereas, Methadone prescriptions have increased seven-hundred percent since 1998; and
Whereas, Current federal oversight of methadone is inadequate in addressing the growing
number of methadone related deaths; and
Whereas, The West Virginia legislature believes that better federal oversight over
methadone treatment is needed; therefore, be it
Resolved by the Legislature of West Virginia;
That the Legislature of West Virginia urges Congress to pass legislation expanding federal
oversight of methadone treatment; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to members of the United States Senate representing West Virginia; to members of the West Virginia congressional delegation; to the President of the United States Senate; to the Speaker
of the United States House of Representatives; and to the Committee Chair of the Senate Health,
Education, Labor and Pensions Committee.
Delegates Hartman and D. Campbell offered the following resolution, which was read by its
title and referred to the Committee on Rules:
H. C. R. 72 - "Requesting the Division of Highways to name the Big Tee Bridge at Crystal
Springs in Elkins, Randolph County, bridge number 42-14-0.06, the 'Tim Belt Memorial Bridge'."
Whereas, Timothy Joe Belt was born on November 2, 1968, to Ovid and JoAnn Belt of
Charleston, Kanawha County. He lived in Maysel, West Virginia from the time he was in the third
grade until his family moved to Elkins, West Virginia, where he graduated from Elkins High School
in 1987. Tim's father is a Project Manager for J. F. Allen Company and has been with that company
for 36 years. Tim grew up around road construction while accompanying his dad to work, often
catching a ride on the heavy machinery moving dirt and making way for new roads. After high
school Tim would go on to work for many well-known highway contractors, from West Virginia
down to Florida, learning to operate many types of heavy equipment and becoming experienced in
many types of highway construction. Tim would settle in Clay County, West Virginia, near family
and his two little girls, but he always returned to Elkins to visit with family and friends. Tim spent
the last 12 years of his life as the Vice President of C.L. Belt Construction, Inc., a highway contractor
working for the West Virginia Division of Highways. Tim was at the helm of building over 40
bridges across the State of West Virginia, as well as many other concrete structures to help renovate
the infrastructure of West Virginia. Tim passed away at the young age of 43 on December l7, 2011,
after a courageous battle with cancer. The very last project he was in charge of bidding and building was the Big Tee Bridge in Elkins, West Virginia, his hometown. He is survived by his daughters,
Alexis and Caitlin Belt, his parents, brothers, Billy and Pip, and sister, Tonja Stuart, nephews and
nieces; and
Whereas, Looking back over the 25 years Tim spent improving the roads of West Virginia,
we can think of no better way to honor his memory than to memorialize his very last project,
remarkably a bridge in his hometown, in his name; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the Big Tee Bridge
at Crystal Springs in Elkins, Randolph County, bridge number 42-14-0.06, the "Tim Belt 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 "Tim Belt Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Secretary of the Department of Transportation and to the surviving family of
Timothy Joe Belt.
Delegates Howell, Evans and Rowan offered the following resolution, which was read by its
title and referred to the Committee on Rules:
H. C. R. 73 - "Honoring the members of the 78
th Infantry Division and Proclaiming April
4th, 2012 as 78
th Lightning Division Day."
Whereas, The 78
th Infantry Division was activated on August 23, 1917 at Fort Dix, New
Jersey consisting of four Infantry Regiments: the 309
th , 310
th , 311
th , and 312
th and three Artillery
Regiments: the 307
th , 308
th and 309
th ; and
Whereas, The great Meuse-Argonne offensive was launched with the 78
th in the forefront,
in France on October 16, 1917. The 78
th won its place among the outstanding divisions of the First
World War by meeting and rolling back remnants of nine German divisions. Later it was described
as "the point in the wedge" of the final offensive which knocked Germany out of the war; and
Whereas, The 78
th was relieved by the 42nd "Rainbow" Division six days before the
Armistice, and then headed for the ports of embarkation which it commenced to leave on April 23,
1919. By June 15, 1919, all units had returned to Fort Dix and demobilized; and
Whereas, The 78
th Division of World War II was reactivated at Camp Butner, N.C. on
August 15, 1942, with the new division totaling about 15,000 men and embarked to the European
Theatre on November 22, 1944. The 78
th Infantry Division engaged in combat in Belgium, France
and Germany fighting in places such as the Siegfried Line, the Roer and Rhine Rivers, the Cologne
plain, the Remagen bridgehead and the Ruhr pocket, before being officially deactivated in May of
1946; and
Whereas, The World War II Honor Roll lists members of the division as having received
nine Distinguished Service Crosses; 599 Silver Star Medals; 3,909 Bronze Star medals; and 5,454
Purple Hearts. 1,368 officers and enlisted men paid the supreme sacrifice. One Medal of Honor was
awarded to a soldier of the Division, West Virginian Staff Sergeant J. Edward Kelley of Keyser,
West Virginia. Staff Sergeant Kelley, only 21 years old, led a squad in repeated assaults on
German-held buildings in the village of Kesternich, south east of Aachen, which was crucial to
control of the nearby Roer River dams, during intense house-to-house fighting on January 30, 1945.
Although he was twice wounded, the second time when a mortar shell fragment passed through his
left hand, disabling it, he did not withdraw to seek medical attention but continued to lead his men. His serious wounds forced him to fire his rifle with one hand, resting it on rubble or over his left
forearm. To blast his way forward with hand grenades, he set aside his rifle to pull the pins with his
teeth while grasping the missiles with his good hand. Despite these handicaps, he single-handedly
rushed one house, killing three of the enemy and clearing the way for his squad to advance. He then
killed a sniper in the next house with a single shot and similarly accounted for another enemy soldier
who ran from the cellar of the house. As darkness came, he assigned his men to defensive positions,
never leaving them to seek medical attention. At dawn the next day, the squad resumed the attack,
he moved out alone, located an enemy gunner dug in under a haystack and killed him with rifle fire.
Returning to his men, he found that a German machine gun still held up the advance. Ordering the
squad to remain in comparatively safe positions, he attacked the position single-handedly through
a hail of bullets. He was hit several times and fell to his knees when within 25 yards of his objective,
but he summoned his waning strength and emptied his rifle into the machine gun nest, silencing the
weapon before he died. For these actions, he was posthumously awarded the Medal of Honor eight
months later, on September 10, 1945; and
Whereas, The surviving members of the 78
th Infantry Division set up a bank account in
Keyser to assist in the funding of the annual J. Edward Kelley Scholarship which is presented each
year at Potomac State College, and have annually returned to Keyser, West Virginia to award three
students the J. Edward Kelley Scholarship in memory of their fallen comrade; and
Whereas, Wednesday April 4, 2012, will mark the 67
th time that the J. Edward Kelley
award will be presented, and will mark the last time that the 78
th will be making the trip to Keyser,
West Virginia as an official visit of their organization; therefore, be it
Resolved by the Legislature of West Virginia:
That the members of the 78
th Infantry Division be hereby honored and that April 4, 2012,
be proclaimed "78
th Lightning Division Day"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward certified copies of this
resolution to the J. Edward Kelley Society, Keyser High School, Keyser Moose Lodge and the
surviving members of the 78
th Infantry Division.
Delegates Perdue, Hatfield, D. Campbell, Staggers and Ellington offered the following
resolution, which was read by the Clerk as follows:
H. R. 21 - "Designating that February 15, 2012 be proclaimed as West Virginia Nurses Unity
Day."
Whereas, One in forty-three West Virginians is a nurse; and
Whereas, Nurses make a significant contribution of time, energy, heart and care toward the
healing of our residents who are ill and suffering; and
Whereas, Nurses are powerful advocates for the health and well-being of all West
Virginians, providing education, screening, nursing intervention, evaluation and research to improve
the health of West Virginia residents throughout the life span from pre-birth to the end of life; and
Whereas, Nurses meet the health needs of West Virginians not only in hospitals and long
term-care facilities, but conveniently in their homes, at school, at work, at church, in community
health centers, on the phone and on the internet; and
Whereas, the Institute of Medicine recognizes nurses as key to solving our current rising
cost of chronic illness through their expanding leadership as coordinators and collaborators of
interdisciplinary health care teams; and
Whereas, The expanding roles of Advanced Practice Registered Nurses as Nurse Anesthetists, Nurse Midwives, and Certified Nurse Practitioners in a variety of specialties provide
improved cost-effective access to health services in our rural state; and
Whereas, The American public has voted to acknowledge nurses as the
"Most Trusted
Professional" for twelve years; therefore, be it
Resolved by the House of Delegates:
That February 15, 2012, is hereby designated as West Virginia Nurses Unity Day in
recognition of the outstanding contributions made by all of our West Virginia nurses to the health,
welfare and safety of our State and all of its citizens.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
resolution (H. R. 21) to a committee was dispensed with, and it was taken up for immediate
consideration.
The question now being on the adoption of the resolution, Delegate Boggs demanded the yeas
and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken
(Roll No. 46), and there were--yeas
99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent and Not Voting: Crosier.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the resolution (H. R. 21) adopted.
Delegates Poore, Marshall, Moore, Miley, Lane and Armstead offered the following
resolution, which was read by the Clerk as follows:
H. R. 22 - "Recognizing and memorializing John Robert 'J. R.' Clifford as the first African
American lawyer in West Virginia."
Whereas, J. R. Clifford was born on September 13, 1848, son of Isaac and Mary Kent
Clifford, in the Eastern Panhandle near Moorefield, Grant County, (now) West Virginia; and
Whereas, J. R. Clifford enlisted in the United States Colored Troops at age 17 and fought
for the Union in the Civil War; and
Whereas, J. R. Clifford attended Storer College in Harpers Ferry, West Virginia after the
war and became a schoolteacher and principal in Martinsburg, West Virginia; and
Whereas, J. R. Clifford started publishing the "Pioneer Press" in 1882, the area's first
newspaper for African Americans and the longest running newspaper for African Americans of that
era; and
Whereas, J. R. Clifford was admitted to the West Virginia State Bar by the Supreme Court
of Appeals of West Virginia in 1887, the first African American lawyer so admitted, before
establishing his law practice in Martinsburg, West Virginia; and
Whereas, J. R. Clifford won a landmark civil rights and education case before the Supreme
Court of Appeals of West Virginia in 1898, which recognized the equal educational rights of African
American students and teachers in West Virginia, over fifty years before
Brown v. Board of
Education was decided by the United States Supreme Court; and
Whereas, J. R. Clifford helped found the "Niagara Movement" in 1906, which became a
cornerstone of the civil rights movement in the 20th Century and forerunner to the NAACP. With
the aid of W.E.B. DuBois, J. R. Clifford organized the first American Niagara Meeting at Storer
College at Harpers Ferry, West Virginia; and
Whereas, J. R. Clifford died on October 7, 1933, in City Hospital in Martinsburg, ending
a life devoted to the equal rights and education of African Americans on the battlefield, in the classroom and the courtroom; and
Whereas, John W. Cromwell, writing in the Journal of Negro History said of J. R. Clifford:
"He helped to shoot off the shackles from four million slaves and cement this Union on the bloody
battle fields during the war of the sixties and holds an honorable discharge in proof of it"; and
Whereas, J. R. Clifford lived by the motto of The Pioneer Press "Here shall the press, the
people's rights maintain, unawed by influence, and unbribed by gain"; and
Whereas, The life of John Robert 'J. R.' Clifford is a model to be admired and emulated
by all Americans and West Virginians and his lifelong accomplishments should not go unnoticed;
therefore, be it
Resolved by the House of Delegates:
That the life and accomplishments of John Robert 'J. R.' Clifford, gentleman, soldier,
scholar, first African American lawyer in West Virginia, civil rights pioneer, activist and West
Virginian be remembered and memorialized; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the J. R. Clifford Project, 501 Elizabeth Street, Room 3, Charleston, WV 25311.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
resolution (H. R. 22) to a committee was dispensed with, and it was taken up for immediate
consideration.
The question now being on the adoption of the resolution, Delegate Boggs demanded the yeas
and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken
(Roll No. 47), and there were--yeas
99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent and Not Voting: Crosier.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the resolution (H. R. 22) adopted.
Delegate M. Poling, on behalf of all members of the House, offered the following resolution,
which was read by the Clerk as follows:
H. R. 23 - "Memorializing the life of the Honorable Donald L. Stemple, businessman,
statesman, civic leader, veteran and farmer."
Whereas, Donald L. Stemple was born October 2, 1930, at Tacy in Barbour County, West
Virginia, the son of the late Judge Dayton R. Stemple and the late Ethel Virginia Park Stemple; and
Whereas, Donald L. Stemple attended the schools of Barbour County and was graduated
from West Virginia University with a Bachelor's Degree in Agriculture; and
Whereas, Donald L. Stemple was a United States Army veteran of the Korean Conflict and
achieved the rank of Corporal; and
Whereas, On February 24, 1956, Donald married the love of his life, Grace L. McLean, with
whom he shared the joy of having a daughter, Jo Ellen, and a son, Mark L.; and
Whereas, Donald L. Stemple was further blessed with three loving brothers, Dayton R.
Stemple, Jr., and John M. Stemple, who preceded him in death, and James P. Stemple, who survives
him; and
Whereas, Donald L. Stemple's life was further enriched by his three granddaughters, Casey
Stemple, Christine Kemmner, and Kaitlyn Kemmner, and two step grandsons, Chad Smith and Troy
Smith; and
Whereas, Donald L. Stemple enjoyed a rich and varied life, which included co-founding Stemple's Ready Mix in 1960, serving as President of the company until he was succeeded by his
son, Mark, and owning and operating Daythel Farm with his wife, Grace; and
Whereas, Don was active in various civic organizations including the Belington Kiwanis
Club, Barbour County Fair Board, Broaddus Hospital Board and the Barbour County Chamber of
Commerce. He was past president of the West Virginia Angus Association and the Builders Supply
Association of West Virginia and served on the Board of Directors of the Barbour County Farm
Bureau; and
Whereas, Don was very involved in 4-H and he was the recipient of a Friend of 4-H Award
given in recognition of his support for and service to the program; and
Whereas, The Honorable Donald L. Stemple was elected to the West Virginia House of
Delegates representing Barbour and Upshur counties in 1980, 1984, 1986, 1988, and 1990, and he
served on numerous committees including Government Organization, Finance, Roads and
Transportation, and Agriculture and Natural Resources; and
Whereas, In 1997, Donald L. Stemple was appointed as Alcohol Beverage Control
Commissioner for the State of West Virginia by Governor Cecil Underwood; and, while Donald
liked the Legislature, he loved being ABC Commissioner. During his tenure as ABC Commissioner,
Don also served on the National Alcohol Beverage Control Association Board of Directors; and
Whereas, Sadly, the Honorable Donald L. Stemple passed away on Monday, April 18, 2011,
at Ruby Memorial Hospital in Morgantown, West Virginia, leaving behind a life of dedication and
commitment to his family, community and state; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby memorializes the life of the Honorable Donald L. Stemple, businessman, statesman, civic leader, U.S. Army veteran, and farmer; and, be it
Further Resolved, That the House of Delegates hereby extends its sincere sympathy at the
passing of the Honorable Donald L. Stemple; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution
to the family of the Honorable Donald L. Stemple.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
resolution (H. R. 23) to a committee was dispensed with, and it was taken up for immediate
consideration.
The question now being on the adoption of the resolution, Delegate Boggs demanded the yeas
and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken
(Roll No. 48), and there were--yeas
99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent and Not Voting: Crosier.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the resolution (H. R. 23) adopted.
The question now being on the adoption of the resolution, Delegate Boggs demanded the yeas
and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken
(Roll No. 49), and there were--yeas
99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent and Not Voting: Crosier.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the resolution (H. R. 24) adopted.
Delegates Storch, Ferns and Ashley offered the following resolution, which was read by the
Clerk as follows:
H. R. 24 - "Commemorating the life of the Honorable Paul J. Otte, businessman, public
servant, veteran, and a man of honesty, love, and generosity, dedicated to his family, friends, state,
country, and God."
Whereas, Paul J. Otte was born on January 9, 1923, in Wheeling, Ohio County, West
Virginia, the fourth of five sons of the late Edward and Marie Morris Otte of Wheeling, West
Virginia; and
Whereas, Paul J. Otte began his education at Saint John's Home of Wheeling and later
graduated from Wheeling Central Catholic High School. He attended West Virginia Northern
Community College prior to serving in the United States Army during World War II, and eventually
graduated from the United States Army Provost Marshall School; and
Whereas, In 1980, Paul married Lucille Wilhelm, his best friend, with whom he enjoyed
31 years of love and devotion; and
Whereas, Paul J. Otte was part owner of the Otte Brothers and State Dry Cleaners of
Martins Ferry; and
Whereas, Paul was a member of and donated time and enthusiasm to numerous
organizations in Ohio County including the Wheeling Lions Club, Serra Club, Short Circuit Club,
Wheeling Elks Lodge No. 28, Fraternal Order of Police Association, Wheeling Hospital volunteers,
American Legion Post No. 1, Mount de Chantal Academy Board, Cystic Fibrosis campaign, Ohio
County Farm Bureau, IAC of Wheeling, St. Michael's Holy Name Society, and AARP of Wheeling.
He was also recognized as a 4
th Degree, lifetime member of the Knights of Columbus; and
Whereas, The Honorable Paul J. Otte was appointed to the West Virginia House of
Delegates on July 11, 1974, by Governor Arch A. Moore Jr. to fill a vacancy created by the
resignation of Judith A. Herndon. Paul was then elected to the House of Delegates in 1974 and
reelected in 1976, 1978, 1980, 1982, 1984, 1986, and 1988. During his tenure in the House, Paul
served on numerous committees including Education, Finance, Government Organization, Rules,
Constitutional Revision, Industry and Labor, and Health and Welfare. In addition, Paul served for
many years as Minority Whip of the House; and
Whereas, During his sixteen years in the Legislature, Paul worked to improve the lives of
his fellow West Virginians by sponsoring and working to have passed bills to improve emergency
life-saving, increase funding and establish uniform training for volunteer fire departments, rights of
the disabled, and watershed issues; and
Whereas, The Honorable Paul J. Otte was called to his heavenly home and place of rest on
June 26, 2011, leaving behind a legacy of public service and dedication to helping improve the lives
of his fellow West Virginians; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby commemorates the life of the Honorable Paul J. Otte,
businessman, public servant, veteran, and a man of honesty, love, and generosity, dedicated to his
family, friends, state, country, and God; and, be it
Further Resolved, That the House of Delegates hereby extends its sincere sympathy at the
passing of the Honorable Paul J. Otte; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution
to the family of the Honorable Paul J. Otte.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
resolution (H. R. 24) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
The question now being on the adoption of the resolution, Delegate Boggs demanded the yeas
and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken
(Roll No. 49), and there were--yeas
99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent and Not Voting: Crosier.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the resolution (H. R. 24) adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Committee Reports
Chairman Poore, from 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 14
th
day of February, 2012, 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. 469), Relating generally to other post-employment benefits.
Chairman Poling, from the Committee on Education, submitted the following report, which
was received:
Your Committee on Education has had under consideration:
H. B. 4119, Providing a definition for an athletic director who is employed by a county board
of education,
And reports the same back with the recommendation that it do pass.
Chairman Poling, from the Committee on Education, submitted the following report, which
was received:
Your Committee on Education has had under consideration:
H. B. 4059, Relating to educational benefits for dependents of deceased or disabled veterans,
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. 4059) was referred to
the Committee on Finance.
Chairman Morgan, from the Committee on Government Organization, submitted the
following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4341, Permitting a civil service employee to receive donated leave from another
employee to care for a member of his or her household,
And,
H. B. 4494, Continuing education requirement of building code inspectors,
And reports the same back, with amendment, with the recommendation that they each do
pass, as amended, but that they first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bills (H. B. 4341 and H. B. 4494)
were each referred to the Committee on Finance.
Chairman Morgan, from the Committee on Government Organization, submitted the
following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4367, Relating to Open Governmental Proceedings,
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. 4367) was referred to
the Committee on the Judiciary.
Chairman Poling, from the Committee on Education, submitted the following report, which
was received:
Your Committee on Education has had under consideration:
H. B. 4433, Providing high school diplomas to veterans of certain wars regardless of whether
they were attending high school before entering the military,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4433 - "A Bill to amend and reenact §18-2-34 of the Code of West
Virginia, 1931, as amended, relating to modifying the criteria for awarding high school diplomas to
certain veterans,"
With the recommendation that the committee substitute do pass.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which
was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4052, Providing criminal penalties for the intentional defacement of public and private property due to graffiti,
And,
H. B. 4408, Allowing for greater utilization of the Statewide Voter Registration System
(SVRS),
And reports the same back, with amendment, with the recommendation that they each do
pass, as amended, but that they first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bills (H. B. 4052 and H. B. 4408)
were each referred to the Committee on Finance.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which
was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4245, Permitting certain auxiliary lighting on motorcycles,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4245 - "A Bill to amend and reenact §17C-15-23 and §17c-15-44 of
the Code of West Virginia, 1931, as amended, all relating to motorcycle safety equipment; permitting
permit certain auxiliary lighting on motorcycles; and removing reference to federal helmet safety
standard,"
With the recommendation that the committee substitute do pass.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which
was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4141,
4142,
4180,
4184,
4224 and 4225, Authorizing the Department of Administration to promulgate legislative rules,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4142 - "A Bill to amend and reenact article 2, chapter 64 of the Code
of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules
by the Department of Administration; legislative mandate or authorization for the promulgation of
certain legislative rules by various executive or administrative agencies of the state; authorizing
certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in
the State Register; authorizing certain of the agencies to promulgate certain legislative rules with
various modifications presented to and recommended by the Legislative Rule-Making Review
Committee; authorizing certain of the agencies to promulgate certain legislative rules with various
modifications presented to and recommended by the Legislative Rule-Making Review Committee
and as amended by the Legislature; authorizing certain of the agencies to promulgate certain
legislative rules in the form that the rules were filed in the State Register and as amended by the
Legislature; authorizing the Department of Administration to promulgate a legislative rule relating
to certification for small, women and minority-owned businesses; authorizing the Consolidated
Public Retirement Board to promulgate a legislative rule relating to the Public Employees
Retirement System; authorizing the Consolidated Public Retirement Board to promulgate a
legislative rule relating to refund, reinstatement, retroactive service, loan and employer error interest
factors; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule
relating to the West Virginia State Police; authorizing the Division of Personnel to promulgate a
legislative rule relating to the administration of the Division; and authorizing the Division of
Personnel to promulgate a legislative rule relating to Workers' Compensation temporary total disability,"
With the recommendation that the committee substitute do pass.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which
was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4376, Licensing wine sales at certain professional baseball stadiums,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4376) was referred to
the Committee on Finance.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which
was received:
Your Committee on the Judiciary has had under consideration:
H. B. 3174, Relating to liquor sampling events,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3174 - "A Bill to amend and reenact §11-16-3 of the Code of West
Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §11-16-
11a; to amend said code by adding thereto a new section, designated §60-3A-3a; and to amend and
reenact §60-3A-4 of said code, all relating to allowing Class A retail licensees the ability to conduct
responsible nonintoxicating beer and liquor sampling events; requiring preapproval of the events by
the ABCA commissioner; establishing standards, limitations, and prohibitions to be applied for the
conduct of such events; definitions; incorporating civil penalties for violations by reference; criminal penalties for violations by reference; providing for emergency rules and defining terms,"
With the recommendation that the committee substitute do pass.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take
effect from passage, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 4107, Relating to volunteer firefighter training.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates, as follows:
H. B. 4291, Relating to county law libraries established by the Supreme Court of Appeals.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page two, section eight, line thirteen, by striking out the words "continued and".
And,
By amending the title of the bill to read as follows:
H. B. 4291 - "A Bill to amend and reenact §51-8-8 of the Code of West Virginia, 1931, as
amended, relating to county law libraries operated by the Supreme Court of Appeals and circuit
courts; providing that circuit courts may no longer establish county law libraries; and providing that
the Supreme Court of Appeals alone shall determine the appropriate number thereof."
On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken
(Roll No. 50), and there were--yeas
92, nays 8, absent and not voting none, with the nays being as follows:
Nays: Border, Hall, Kump, Lane, C. Miller, Savilla, Sobonya and Sumner.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 4291) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
S. B. 156 - "A Bill to amend and reenact §25-7-11 of the Code of West Virginia, 1931, as
amended, relating to allowing the Commissioner of Corrections to use excess funds from the
Correctional Industries Account for certain operational costs of the division; and creating special
revenue accounts for the excess funds"; which was referred to the Committee on the Judiciary then
Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
S. B. 166 - "A Bill to amend and reenact §61-5-17 of the Code of West Virginia, 1931, as
amended, relating to making it a felony to disarm or attempt to disarm correctional officers"; which
was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 186 - "A Bill to amend and reenact §18A-4-2, §18A-4-5 and §18A-4-8a
of the Code of West Virginia, 1931, as amended, all relating to providing salary equity supplement
payments to teachers and service personnel in order to achieve salary equity among the counties;
specifying the amounts of those equity supplements; changing the methods of calculating the
difference in salary potential of school employees among the counties; requiring the Department of
Education to request additional funds if it determines the equity objective is not being met; clarifying
the amount of equity supplement to be paid from state funds; and deleting obsolete provisions";
which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
S. B. 215 - "A Bill to amend and reenact §17-3A-1 of the Code of West Virginia, 1931, as
amended, relating to funding of the Industrial Access Road Fund"; which was referred to the
Committee on Roads and Transportation then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 321 - "A Bill to amend and reenact article 6, chapter 64 of the Code of
West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by
the Department of Military Affairs and Public Safety and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or
administrative agencies of the Department of Military Affairs and Public Safety; authorizing certain
of the agencies to promulgate certain legislative rules with various modifications presented to and
recommended by the Legislative Rule-Making Review Committee; authorizing the State Police to
promulgate a legislative rule relating to the West Virginia State Police Career Progression System;
authorizing the State Police to promulgate a legislative rule relating to the West Virginia State Police
Modified Vehicle Inspection Manual; authorizing the Governor's Committee on Crime, Delinquency
and Correction to promulgate a legislative rule relating to law-enforcement training standards;
authorizing the Governor's Committee on Crime, Delinquency and Correction to promulgate a
legislative rule relating to motor vehicle search standards; and authorizing the Division of
Corrections to promulgate a legislative rule relating to fees for electronic monitoring of offenders";
which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 343 - "A Bill to amend and reenact §8-15-8a of the Code of West
Virginia, 1931, as amended, relating to the eligibility of volunteer or part-volunteer fire companies
or departments to allocation from Municipal Pensions and Protection Fund and the Fire Protection
Fund; providing a three-month grace period for volunteer fire companies or departments to comply
with submission of data; requiring the State Fire Marshal to notify these volunteer fire companies
or departments of the dates and grace period; and providing a three-month exemption to volunteer
fire companies or departments whose records were destroyed from requirements to submit data."
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
bill (Com. Sub. for S. B. 343) to a committee was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 411 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §61-3-22a, relating to electronic cash register automated
sales suppression devices; providing definitions; stating it shall be unlawful to willfully and
knowingly sell, purchase, install, transfer or possess in this state any automated sales suppression
device; providing for penalties; establishing that such devices and software are contraband; and
providing for the seizure and destruction of such devices"; which was referred to the Committee on
the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage, of
S. B. 430 - "A Bill to amend and reenact §11-15B-2, §11-15B-2a, §11-15B-24, §11-15B-25,
§11-15B-26, §11-15B-30, §11-15B-32, §11-15B-33 and §11-15B-34 of the Code of West Virginia,
1931, as amended, all relating to the administration of sales and use tax generally; adding new
definitions; clarifying present definitions; incorporating changes to the Streamlined Sales and Use
Tax Agreement; adding a 'computer software maintenance contract' as a Streamlined Sales and Use
Tax Agreement defined term; relieving seller of tax liability in certain instances; clarifying due dates that fall on weekends and legal holidays; eliminating monetary allowance for certain sellers;
providing new effective dates; and clarifying state administration of state and local sales and use
taxes, bases and exceptions"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 17 - "Requesting the Division of Highways name bridge number 03-85-14.72, in
Boone County, the 'Fred York Memorial Bridge'."
Whereas, Fred York was born November 10, 1930; and
Whereas, Fred York grew up in Wharton, West Virginia, and attended Van High School,
where he played football and baseball; and
Whereas, Fred York attended Morris Harvey College in Charleston, West Virginia; and
Whereas, Fred York worked hard in the coal mines of southern West Virginia to support
his family; and
Whereas, Fred York was a member of the local Moose Lodge and the Knights of Pythius;
and
Whereas, Fred York was very involved in his community, giving his time to little league
baseball and various charitable events; and
Whereas, Sadly, Fred York passed away July 17, 2006, leaving behind a host of family and
friends, all of whom miss him dearly; and
Whereas, It is fitting, to honor the life of Fred York, for his dedicated service to his community, by naming this bridge in his memory; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name bridge number 03-85-
14.72, in Boone County, the "Fred York 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 "Fred York 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 Secretary of the Department of Transportation and the family of Fred York.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
Com. Sub. for S. C. R. 19 - "Requesting the Division of Highways to name the bridge on
WV Route 2, crossing Fishing Creek in Wetzel County, bridge number 52-2-5.19, as the 'Lt. Howard
R. "Bob" Crothers Memorial Bridge'."
Whereas, Lt. Howard R. "Bob" Crothers was born on January 22, 1942, in New
Martinsville, West Virginia, the only son of Mrs. Billy R. Jeffers; and
Whereas, Lt. Howard R. "Bob" Crothers was a graduate of Magnolia High School, where
he played football, basketball and baseball, and West Liberty State College, where he joined the
ROTC; and
Whereas, Lt. Howard R. "Bob" Crothers achieved the rank of First Lieutenant before being
deployed to Vietnam on March 7, 1968, as the Infantry Unit Commander of A Company, 4th Battalion, 31st Infantry, 197th Light Infantry Brigade, Americal Division; and
Whereas, Lt. Howard R. "Bob" Crothers served his country with honor and distinction until
he was killed in action on May 1, 1968, in the Thua Thien Province, South Vietnam, the result of
wounds received from a hostile booby trap; and
Whereas, Lt. Howard R. "Bob" Crothers was posthumously awarded the Purple Heart
Medal, the Bronze Star Medal, the National Defense Medal, the Vietnam Service Medal, the
Vietnam Campaign Ribbon and the Combat Infantry Badge; and
Whereas, It is fitting and proper that Lt. Howard R. "Bob" Crothers be remembered and
acknowledged for his courageous action and ultimate sacrifice; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge on WV
Route 2, crossing Fishing Creek in Wetzel County, bridge number 52-2-5.19, as the "Lt. Howard R.
'Bob' Crothers 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 "Lt. Howard R. 'Bob' Crothers 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 Secretary of the Department of Transportation and to the family of Lt. Howard R.
"Bob" Crothers.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 20 - "Requesting the Division of Highways to name a stretch of highway on County
Route 35 from the intersection of WV Route 152 at Missouri Branch, mile point 0.0, to Tank
Hollow, mile point 2.89, in Wayne County, the 'Crum Brothers Memorial Highway'."
Whereas, Nelon, John, Hubert and Hobert Crum are brothers, all of whom fought for their
country in World War II; and
Whereas, Nelon Crum was born February 8, 1917, and entered the service on December 9,
1942, and served in the Pacific Theater fighting against the Japanese; and
Whereas, John Crum was born October 15, 1914, and entered the service on March 25,
1942, and served in the Pacific Theater until January 26, 1946; and
Whereas, Hubert and Hobert Crum were twins, born on May 29, 1923, and entered the
service on April 15, 1943, and fought in the European Theater fighting the Germans; and
Whereas, Nelon, John, Hubert and Hobert Crum all returned home after the war to lead
productive lives, become family men and help their neighbors when in need; and
Whereas, While Nelon, John and Hubert have passed on, Hobert continues to serve his
community; and
Whereas, Hobert Crum served as Chairman of the Cabwaylingo Forest Foundation for five
years; and
Whereas, Hobert Crum voluntarily built three of the Forest Picnic Shelters and a basketball
court; and
Whereas, The Crum brothers have built many burial caskets for families who could not
afford them and aided in digging more than 100 graves; and
Whereas, It is fitting and proper, for their dedicated service to their country, state and
community, that this highway be named to memorialize the lives of the Crum brothers; therefore,
be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name a stretch of highway
on County Route 35 from the intersection of WV Route 152 at Missouri Branch, mile point 0.0, to
Tank Hollow, mile point 2.89, in Wayne County, the "Crum Brothers Memorial Highway"; and, be
it
Further Resolved, That the Division of Highways is hereby requested to have made and be
placed signs identifying the highway as the "Crum Brothers Memorial Highway"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the Secretary of the Department of Transportation and Hobert Crum.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 21 - "Requesting the Division of Highways to name bridge number 24-3/2-13.40,
in McDowell County and located on County Route 3/2, crossing Trace Fork, the 'Adam Bailey
Memorial Bridge'."
Whereas, Adam Bailey was born May 12, 1877 and lived a full life until he passed away
December 27, 1957; and
Whereas, On October 28, 1898, Adam Bailey married Jerusha Little, said marriage producing seventeen children. Sadly, Jerusha passed away but he later married Sally Shrader. This
union produced six children; and
Whereas, Adam Bailey was a pioneer in the Panther Creek area and he and his family lived
where the offices of Panther State Forest are located at this day; and
Whereas, Adam Bailey owned approximately 775 acres along Panther State Forest. In the
1940s, he sold most of the land to the State to complete the boundry of the park. He was quoted as
saying that the generations to come could get some good use out the park. He really loved children
and his wishes were for the children to have a good place to enjoy activities with their family; and
Whereas, After 23 children, there are several of Adam Bailey's descendants still living in
the Panther Creek area of McDowell County. Naming a bridge after Adam Bailey near his old
homestead and the Bailey family cemetery would be a small tribute to a man who was very well
thought of and helped so many people along the way; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 24-3/2-13.40, in
McDowell County and located on County Route 3/2, crossing Trace Fork, the "Adam Bailey
Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed
signs identifying the bridge as the "Adam Bailey Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate forward a certified copy of this resolution to
the Secretary of the Department of Transportation and Fred Bailey, Adam Bailey's great grandson.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 23 - "Requesting the Division of Highways to name bridge number 23-17-18.56 on
Route 17 near Ottawa, Boone County, known as the Clothier Beam Bridge, the 'Sgt. Ollie
McComas, Jr., Memorial Bridge'."
Whereas, Ollie McComas, Jr., was born on March 29, 1925, to Ollie and Dovetta McComas
in Mifflin, Logan County, West Virginia. He grew up and was educated in Boone County; and
Whereas, Ollie McComas, Jr., entered the United States Army in 1943 and served with the
172 Infantry, 43 Division. He was killed in action on April 20, 1945 in Luzon, Philippines and was
buried in Fort William McKinley, Manila, Philippines. Sgt Ollie McComas, Jr., was awarded the
Bronze Star and Purple Heart, posthumously, in addition to other campaign ribbons and recognitions.
Ollie McComas, Jr., was survived by his sisters, Beatrice Nasby and Garnet Woosck; and
Whereas, Ollie McComas, Jr., gave his life in the service of his country, one month short
of his 20
th birthday. It is only fitting and proper that this bridge be named in his honor and that it
henceforth stand as a permanent memorial so that Sgt. Ollie McComas, Jr.'s, supreme sacrifice will
never be forgotten; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name bridge number 23-17-
18.56 on Route 17 near Ottawa, Boone County, known as the Clothier Beam Bridge, the "Sgt. Ollie
McComas, Jr., Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be
placed signs identifying the bridge as the "Sgt. Ollie McComas, Jr., 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 Secretary of the Department of Transportation and to the surviving family of Sgt.
Ollie McComas, Jr.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 24 - "Requesting the Division of Highways to name bridge number 30-6-0.52, in
Mingo County, the 'Reverend Arnold and Nell Mollette Memorial Bridge'."
Whereas, The Reverend Arnold Mollette served the Lord for more than 55 years as pastor
of the Red Jacket Community Church in Red Jacket, West Virginia; and
Whereas, The Reverend Arnold Mollette was a charter member of the Red Jacket Kiwanis
Club, having held various offices over the years; and
Whereas, The Reverend Arnold Mollette taught school for more than 25 years, becoming
one of the first guidance counselors in the history of Mingo County at Matewan High School; and
Whereas, The Reverend Arnold Mollette was also a charter member of the Magnolia
Ministerial Association, serving in several capacities; and
Whereas, The Reverend Arnold Mollette served two terms on the Board of Trustees of the
South Williamson Appalachian Regional Hospital; and
Whereas, The Reverend Arnold Mollette was married to his beloved Nell, who also made
many contributions to the community; and
Whereas, Nell Mollette was a teacher for more than 40 years in the public school system at Red Jacket Junior High and Grade School; and
Whereas, Nell Mollette was a member and leader of the Matewan Woman's Club and
charter member and officer of the RJCC WOTC; and
Whereas, It is fitting, to honor the Reverend Arnold Mollette and his wife Nell by naming
this bridge as a memorial to their lives; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name bridge number 30-6-
0.52, in Mingo County, the "Reverend Arnold and Nell Mollette 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 "Reverend Arnold and Nell Mollette 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 Secretary of the Department of Transportation and the family of the Reverend
Arnold and Nell Mollette.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
Com. Sub. for S. C. R. 25 - "Requesting the Division of Highways to name a portion of
West Virginia Route 62 in Mason County from the New Haven corporate limit, mile point 38.43,
to the Bridge of Honor in Mason, mile point 33.36, the '1SG Robert Nicholas Barton II Memorial
Highway'."
Whereas, 1SG Robert Nicholas Barton II was born November 28, 1974, at Fort Knox,
Kentucky, the son of Rebecca Ann Paugh Coleman, from New Haven, West Virginia, and Robert
Nicholas Barton, who grew up in Mason, West Virginia; and
Whereas, 1SG Robert Nicholas Barton II loved football (especially Notre Dame) and
baseball. His favorite quote, made famous by the Notre Dame Football team was, "Play like a
champion today"; and
Whereas, 1SG Robert Nicholas Barton II was a career soldier who completed six overseas
tours of duty in Bosnia (twice), Kuwait, Iraq (twice) and Afghanistan; and
Whereas, 1SG Robert Nicholas Barton II achieved the rank of First Sergeant of A Company,
2nd Battalion, 327th Infantry Regiment, 101st Airborne Division; and
Whereas, 1SG Robert Nicholas Barton II was killed in action on June 7, 2010, in the Konar
(Kunar) province of Afghanistan, the result of an IED explosion that claimed his life along with four
other members of his company. The body of 1SG Robert Nicholas Barton II was located 200 miles
down the Konar River on June 23, 2010; and
Whereas, Services for 1SG Robert Nicholas Barton II were held on July 2, 2010, in
Hopkinsville, Kentucky. The funeral took place at the First Baptist Church, followed by a funeral
procession escorted by Patriot Guard Riders to the Kentucky Veterans Cemetery-West, right outside
Ft. Campbell, where 1SG Robert Nicholas Barton II was buried with full military honors; and
Whereas, 1SG Robert Nicholas Barton II was survived by his wife, Rebecca Barton, and
stepson, Jason Wells; his mother, Rebecca Coleman; his father, Robert Nicholas Barton; his sister,
Stephanie Barton; brothers, Nathaniel Coleman, Nicholas Barton and Robbie Roush; maternal
grandparents, Rodra Patricia Paugh and Joseph Franklin Paugh; paternal grandparents, Doris Roberts and Robert W. Barton; niece, Ranan Joy Barton; and nephews, Kyle Lee Boles and Phillip Carlos
Hall; and
Whereas, 1SG Robert Nicholas Barton II was posthumously awarded the Bronze Star Medal
and the Purple Heart Medal. In addition, he was the recipient of two Bronze Stars, one Meritorious
Service Medal, three Army Commendation Medals, three Army Achievement Medals, the
Meritorious Unit Commendation, two Army Superior Unit Awards, five Army Good Conduct
Medals, two National Defense Service Medals, the Iraq Campaign Medal, the Afghanistan Campaign
Medal, the Global War on Terrorism Medal, two Armed Forces Service Medals, three
Noncommissioned Officer Professional Development Ribbons, one Army Service Ribbon, three
Overseas Campaign Ribbons, one NATO Medal, the Drill Sergeant Identification Badge, the Ranger
Tab, the Combat Infantryman Badge, the Expert Infantryman Badge, the Pathfinder Badge, the Air
Assault Badge and the Expert Weapons Qualification Badge (M4); and
Whereas, It is fitting and proper that 1SG Robert Nicholas Barton II be remembered and
honored for his courageous action and ultimate sacrifice in defense of our nation; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name a portion of West
Virginia Route 62 in Mason County from the New Haven corporate limit, mile point 38.43, to the
Bridge of Honor in Mason, mile point 33.36, the "1SG Robert Nicholas Barton II Memorial
Highway"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be
placed signs identifying the highway as the "1SG Robert Nicholas Barton II Memorial Highway";
and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the Secretary of the Department of Transportation and to the family of the late 1SG
Robert Nicholas Barton II.
Resolutions Introduced
On motion for leave, a Joint Resolution was introduced, read by its title and referred as
follows:
By Delegate J. Miller:
H. J. R. 112 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending article VI thereof, by adding thereto a new section, designated section three-a, relating to
imposition of term limits for senators and delegates; numbering and designating such proposed
amendment; and providing a summarized statement of the purpose of such proposed amendment";
to the Committee on Constitution Revision then the Judiciary.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegate Perdue:
H. B. 4532 - "A Bill to amend and reenact §24A-1-3 of the Code of West Virginia, 1931,
as amended, relating to exempting motor vehicles used by the Department of Health and Human
Resources solely for transporting Medicaid patients from the jurisdiction of the Public Service
Commission; and providing a safety and insurance exception"; to the Committee on Finance.
By Delegates Boggs and White:
H. B. 4533 - "A Bill to amend and reenact §7-1-3d of the Code of West Virginia, 1931, as amended, relating to allowing county fire companies and departments to charge reasonable
reimbursement fees for personnel and equipment used in performing fire fighting services, victim
rescue or cleanup of debris or hazardous materials by department personnel without county
commission approval, unless otherwise restricted by a county ordinance addressing the
reimbursement"; to the Committee on Political Subdivisions then Finance.
By Delegates Morgan, Perry, Boggs, Pethtel, Hall and L. Phillips:
H. B. 4534 - "A Bill to amend and reenact §29-26-2, §29-26-5 and §29-26-6 of the Code of
West Virginia, 1931, as amended; and to amend said code by adding thereto eight new sections,
designated §29-26-7, §29-26-8, §29-26-9, §29-26-10, §29-26-11, §29-26-12, §29-26-13 and §29-26-
14, all relating to providing the West Virginia Courthouse Facilities Improvement Authority with
the ability to issue bonds to raise funds for paying the costs of approved modifications or
construction of courthouse facilities"; to the Committee on Finance.
By Delegate Staggers:
H. B. 4535 - "A Bill to amend and reenact §23-4-1 of the Code of West Virginia, 1931, as
amended, relating to providing a rebuttable presumption that a volunteer firefighter has developed
a pulmonary disease or sustained a cardiovascular injury for workers' compensation benefits
provided certain conditions of employment have been met; eliminating the rebuttable presumption
that cardiovascular disease is a compensable injury for firefighters; and changing the six- month time
frame for certain firefighter injuries to six weeks"; to the Committee on the Judiciary then Finance.
By Delegates Gearheart, Ellington and Moore:
H. B. 4536 - "A Bill to amend and reenact §18-8-4 of the Code of West Virginia, 1931, as
amended, relating to compulsory school attendance; and providing that five unexcused occasions on which a student is tardy for school may equal one unexcused absence"; to the Committee on
Education.
By Delegates Varner, Cann, Craig, Ferns, Hall, Nelson, Perdue, Skaff, Andes and T.
Campbell:
H. B. 4537 - "A Bill to amend and reenact §11-6F-2 of the Code of West Virginia, 1931, as
amended, relating to designating certain property as qualified capital addition to a manufacturing
facility; and to reducing the disincentive for capital investment"; to the Committee on Finance.
By Delegates J. Miller and Householder:
H. B. 4538 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §17B-2-1c, relating to requiring a sex offender to be identified as
such on his or her driver's license; invalidating a driver's license when a person is convicted of a sex
crime; and granting rule-making authority"; to the Committee on Roads and Transportation then the
Judiciary.
By Delegates J. Miller, Cowles, Householder, Howell, Rowan, Stephens and Shaver:
H. B. 4539 - "A Bill to amend and reenact §20-2-28 and §20-2-42x of the Code of West
Virginia, 1931, as amended, all relating to exempting resident seniors aged sixty-five years and older
from purchasing hunting, fishing and trapping stamps or permits issued by the Division of Natural
Resources under article two, chapter twenty of the West Virginia Code"; to the Committee on Senior
Citizen Issues then Finance.
By Delegates L. Phillips, Hatfield, Guthrie, Perdue and Mahan:
H. B. 4540 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §16-1-19, relating to a child's right to nurse; and making a statement by the Legislature that nursing in a public place is socially acceptable"; to the Committee
on Health and Human Resources then the Judiciary.
By Delegates Perdue, Moore, Marshall, Barill and Hatfield:
H. B. 4541 - "A Bill to amend and reenact §16-9A-9 of the Code of West Virginia, 1931,
as amended, relating to banning of flavored tobacco products; and proving criminal penalty"; to the
Committee on Health and Human Resources then the Judiciary.
By Delegates White, T. Campbell, Varner and Williams:
H. B. 4542 - "A Bill to amend and reenact §21A-5-7 of the Code of West Virginia, 1931,
as amended, relating to unemployment compensation benefits; and prevent contributory and
reimbursable employers from being relieved of benefit charges to their accounts if an overpayment
of benefits is the result of the employer's failure to provide requested information timely or to
adequately allow the state to accurately determine a claimant's eligibility for benefits"; to the
Committee on the Judiciary then Finance.
By Delegates Perdue, Perry, Guthrie, Lawrence and Mahan:
H. B. 4543 - "A Bill to amend and reenact §30-7-1 of the Code of West Virginia, 1931, as
amended; and to amend said code by adding thereto a new section, designated §30-7-1a, all relating
to defining the term "advanced nurse practitioner"; providing a grandfather clause; and providing
rule-making authority"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Morgan, T. Campbell, White, Craig and C. Miller:
H. B. 4544 - "A Bill to amend and reenact §11-24-13f of the Code of West Virginia, 1931,
as amended, relating to taxation of water's edge corporations; and providing for clarification of the
entities to be included in a water's edge group for corporation net income tax purposes"; to the Committee on Finance.
By Delegates Hartman, Iaquinta, Crosier, Evans, Williams, Romine, Shaver and
Sumner:
H. B. 4545 - "A Bill to amend and reenact §18A-2-7 of the Code of West Virginia, 1931,
as amended, relating to date changes for notice of transfer or dismissal of school personnel"; to the
Committee on Education then Finance.
By Delegates Caputo and Manchin
[By Request of the Department of Health and Human Resources]:
H. B. 4546 - "A Bill to amend and reenact §48-23-101, §48-23-102, §48-23-401, §48-23-
402, §48-23-501, §48-23-502, §48-23-503, §48-23-504 and §48-23-506 of the Code of West
Virginia, 1931, as amended, all relating to including adult siblings of an adoptee in the mutual
consent voluntary adoption registry"; to the Committee on the Judiciary.
By Delegates Skaff, T. Campbell, Varner, D. Poling, Pasdon, Andes, Caputo, Reynolds,
Stowers, White and Morgan:
H. B. 4547 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §11-6L-1, §11-6L-2, §11-6L-3, §11-6L-4, §11-6L-5, §11-6L-6 and
§11-6L-7; and to amend said code by adding thereto a new article, designated §11-13CC-1,
§11-13CC-2, §11-13CC-3, §11-13CC-4, §11-13CC-5, §11-13CC-6, §11-13CC-7, §11-13CC-8,
§11-13CC-9, §11-13CC-10, §11-13CC-11, §11-13CC-12, §11-13CC-13, §11-13CC-14,
§11-13CC-15, §11-13CC-16, §11-13CC-17 and §11-13CC-18, all relating to creating the West
Virginia Innovation Free-Trade Business Technology Property Valuation Act and the West Virginia
Innovation Free-Trade Tax Credit Act; defining terms; specifying method for valuation of certain property; providing for application to county assessors by specified date; providing procedure for
protest and appeal of determination by county assessor; requiring the West Virginia Development
Office to report to the Joint Committee on Government and Finance on the economic impact;
specifying effective date; making legislative findings; allowing credits and exemptions from certain
taxes; providing for computation of credit, application of credit and period for which credit is
allowed; requiring application to claim credit; requiring that new jobs be good-paying jobs with
health benefits; requiring identification of investment credit property and recomputation of credit
in event of premature disposition of investment property; providing for forfeiture of unused tax
credits and redetermination of credit allowed; imposing recapture tax under specified circumstances
to recover state taxes and property taxes; allowing transfer of qualified investment to successors;
providing for tax credit review and accountability; specifying effective date and termination date;
providing rule-making authority; and providing a severability clause"; to the Committee on Energy,
Industry and Labor, Economic Development and Small Business then Finance.
By Delegate Walker:
H. B. 4548 - "A Bill to amend and reenact §61-12-14 of the Code of West Virginia, 1931,
as amended, postmortem examinations; county coroners; and authorizing county commissions to
designate a local funeral home or EMS to transport bodies for purposes of postmortem examinations
in certain situations"; to the Committee on Political Subdivisions then Finance.
By Delegates White, T. Campbell, Varner and Williams:
H. B. 4549 - "A Bill to amend and reenact §21A-10-7 of the Code of West Virginia, 1931,
as amended, relating to imposing a monetary penalty on unemployment compensation recipients for
obtaining benefits through the use of fraudulent statements or actions; and specifying disposition of the penalties collected"; to the Committee on the Judiciary then Finance.
By Delegates Boggs, Moore, Perry and Walker:
H. B. 4550 - "A Bill to amend and reenact §33-6A-1 of the Code of West Virginia, 1931,
as amended; and to amend and reenact §33-17A-5 of said code, all relating to insurance; property
insurance declination; cancellation or nonrenewal of automobile liability policies; prohibiting
declination, cancellation or nonrenewal of a property insurance policy, based upon information that
an insured had a loss or damage to insured property when the insured does not file an insurance
claim; and prohibiting cancellation or nonrenewal of an automobile liability policy based upon
information that an insured was involved in a motor vehicle accident with another motor vehicle
when neither the insured or other person files an insurance claim"; to the Committee on the
Judiciary.
Special Calendar
Unfinished Business
The following resolutions, coming up in regular order, as unfinished business, were reported
by the Clerk and adopted:
H. C. R. 60, The "Tpr. Hugh D. Swartz Memorial Barracks",
H. C. R. 64, The "Crum Brothers Memorial Highway",
And,
H. C. R. 65, The "Perry Brothers Memorial Highway".
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Third Reading
Com. Sub. for H. B. 3177, Permitting an owner who sells real property pursuant to a deed
of trust to terminate a preexisting tenancy; 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. 51),
and there were--yeas 97, nays 2, absent and not voting 1, with the nays and absent and not voting
being as follows:
Nays: Cowles and Howell.
Absent and Not Voting: Paxton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 3177) 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. 4104, Authorizing professional licensing boards to exempt certain
licensees from continuing education requirements; on third reading, coming up in regular order, was
read a third time.
Delegates Ashley, Armstead, D. Campbell, T. Campbell, Canterbury, Cowles, Ellem,
Ellington, Frazier, Hall, Hamilton, Hatfield, Householder, Hunt, Ireland, Lane, Manchin, Marcum,
Miley, Perdue, Pino, Poore, Reynolds, Smith, Snuffer, Sobonya, Staggers and Walters requested to
be excused from voting on the passage of Com. Sub. for H. B. 4104 under the provisions of House
Rule 49.
To the requests of the aforementioned Members, the Speaker replied, advising the Members
that he had discussed the pending matter at length with the Clerk. He also advised the Members that he included himself in the request concerning the applicability of House Rule 49 as to being excused
from voting on the passage of the bill.
The Speaker also stated that the aforementioned Members were members of a class of
persons possibly to be affected by the passage of the bill but exhibited no direct personal or
pecuniary interest therein, and refused to excuse them from voting thereon.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 52),
and there were--yeas 100, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4104) passed.
Delegate Boggs moved that the bill take effect from passage.
On this question, the yeas and nays were taken
(Roll No. 53), and there were--yeas 97, nays
3, absent and not voting none, with the nays being as follows:
Nays: Gearheart, Howell and Snuffer.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4104) takes effect from passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 4111, Relating to the authority by state boards of examinations and
registration to apply for an injunction; 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. 54),
and there were--yeas 100, nays none, absent and not voting none.
So, a majority of the members present and voting 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.
Com. Sub. for H. B. 4206, Authorizing the Department of Transportation to promulgate
legislative rules; 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. 55),
and there were--yeas 88, nays 12, absent and not voting none, with the nays being as follows:
Nays: Andes, Armstead, Ashley, Householder, Howell, Kump, J. Miller, Savilla, Sobonya,
Storch, Sumner and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4206) passed.
Delegate Boggs moved that the bill take effect from passage.
On this question, the yeas and nays were taken
(Roll No. 56), and there were--yeas 88, nays
12, absent and not voting none, with the nays being as follows:
Nays: Andes, Armstead, Gearheart, Householder, Howell, Kump, J. Miller, Savilla, Snuffer,
Sobonya, Sumner and Walters.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4206) takes effect from passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 4345, Prohibiting the unauthorized sale of railroad scrap metal; 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. 57),
and there were--yeas 99, nays 1, absent and not voting none, with the nays being as follows:
Nays: Kump.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4345) 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. 4390, Uniform Power of Attorney Act; on third reading, coming up in
regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 58),
and there were--yeas 100, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4390) 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
S. B. 209, Updating terms in Personal Income Tax Act; on second reading, coming up in
regular order, was read a second time and ordered to third reading.
S. B. 210, Updating terms in Corporation Net Income Tax Act; on second reading, coming
up in regular order, was read a second time and ordered to third reading.
H. B. 4087, Continuing the discontinuance of the severance and business privilege tax on the privilege of severing timber; on second reading, coming up in regular order, was read a second time
and ordered to engrossment and third reading.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
H. B. 4007, Relating to unemployment benefits for certain spouses of military personnel ,
Com. Sub. for H. B. 4015, Creating the Herbert Henderson Office of Minority Affairs ,
H. B. 4018, Granting licensed real estate appraisers access to commercial or residential
review documents,
Com. Sub. for H. B. 4114, Providing a grace period for volunteer fire companies or
departments to comply with submission of data in order to meet eligibility requirements to receive
allocations from municipal pensions and protection fund,
H. B. 4299, Authorizing a county board of education to use the services of a bus operator
from another county in certain circumstances,
Com. Sub. for H. B. 4330, Providing that drivers licenses may contain information
designating the licensee as a person who is an honorably discharged veteran,
Com. Sub. for H. B. 4338, Raising the maximum value amount of an abandoned motor
vehicle,
H. B. 4403, Changing the filing deadline for certified write-in candidates,
H. B. 4415, Authorize a Prince Railroad Station Authority to acquire and maintain the
railroad station building,
And,
H. B. 4481, Relating to the Comprehensive Behavioral Health Commission.
At 12:21 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, February 16,
2012.