Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home
HOUSE: | Bills Introduced | Resolutions Introduced | Abstract | Topical Index | Committee Schedule | Calendar | Local Calendar | Special Calendar | Journal | Menu |

House Journal


Day 01 (01-11-2012)
Day 02 (01-12-2012)
Day 03 (01-13-2012)
Day 06 (01-16-2012)
Day 07 (01-17-2012)
Day 08 (01-18-2012)
Day 09 (01-19-2012)
Day 10 (01-20-2012)
Day 13 (01-23-2012)
Day 14 (01-24-2012)
Day 15 (01-25-2012)
Day 16 (01-26-2012)
Day 17 (01-27-2012)
Day 20 (01-30-2012)
Day 21 (01-31-2012)
Day 22 (02-01-2012)
Day 23 (02-02-2012)
Day 24 (02-03-2012)
Day 27 (02-06-2012)
Day 28 (02-07-2012)
Day 29 (02-08-2012)
Day 30 (02-09-2012)
Day 31 (02-10-2012)
Day 34 (02-13-2012)
Day 35 (02-14-2012)
Day 36 (02-15-2012)
Day 37 (02-16-2012)
Day 38 (02-17-2012)
Day 41 (02-20-2012)
Day 42 (02-21-2012)
Day 43 (02-22-2012)
Day 44 (02-23-2012)
Day 45 (02-24-2012)
Day 48 (02-27-2012)
Day 49 (02-28-2012)
Day 50 (02-29-2012)
Day 51 (03-01-2012)
Day 52 (03-02-2012)
Day 55 (03-05-2012)
Day 57 (03-07-2012)
Day 58 (03-08-2012)
Day 61 (03-11-2012)
hdj2012-02-22-43
__________*__________

Wednesday, February 22, 2012

FORTY-THIRD 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 21, 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 applicable provisions of House Rule 136, relating to privileges of the floor, were suspended for the day to extend privileges of the floor to invited guests for presentations by the House.
     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 Marcum, White, Caputo, R. Phillips, Moore, Boggs, L. Phillips, Stowers and Hall offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 81 - "Requesting that bridge 30-52-7.85 at the intersection of U. S. Route 52 and State Route 65, in Mingo County, West Virginia, be named the 'Joe "Bug" Marcum Memorial Bridge'."
     Whereas, Joe "Bug" Marcum was an active volunteer in his home community of Laurel Creek in Mingo County, West Virginia; and
     Whereas, Joe "Bug" Marcum was an avid fan and supporter of Tug Valley High School, a member of the Lenore Volunteer Fire Department and a friend of Mingo County; and
     Whereas, Joe "Bug" Marcum enjoyed hunting and fishing in southern West Virginia; and
     Whereas, Joe "Bug" Marcum was a coal miner who took pride in his work; and
     Whereas, Joe "Bug" Marcum lost his life at the age of 53, on April 5, 2010, in Raleigh County, one of the twenty-nine miners who died in the Upper Big Branch Mine disaster; and
     Whereas, Joe "Bug" Marcum leaves a widow, Kathy Marcum, and daughters Kathy Jo and Garnet; and
     Whereas, The many friends and family of Joe "Bug" Marcum wish to honor the memory of Joe "Bug" Marcum for his many contributions to the community by naming in his honor Bridge 30-52-7.85 which has been known as the Naugatuck Bridge, at the intersection of U. S. Route 52 and State Route 65, Mingo County, West Virginia, the "Joe "Bug" Marcum Memorial Bridge"; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to name bridge 30-52-7.85 at the intersection of U. S. Route 52 and State Route 65, in Mingo County, West Virginia, the "Joe "Bug " Marcum 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 "Joe "Bug" Marcum 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 Mrs. Kathy Marcum, in care of Timothy Bailey, Bucci Bailey and Javins, L.C., Post Office Box 3712, Charleston, WV 25337.
     Delegates Walker, Boggs, Cann, Smith, C. Miller, Armstead, D. Campbell, Canterbury, Carmichael, Cowles, Ellem, Ellington, Gearheart, Hamilton, Hartman, Iaquinta, Longstreth, Manchin, O'Neal, Overington, Pasdon, Perry, Romine, Rowan, Savilla, Snuffer, Sobonya Staggers and Sumner offered the following resolution, which was read by the Clerk as follows:
     H. R. 27 - "Designating February 22, 2012, as 'West Virginia Home School Day'."
     Whereas, The State of West Virginia is committed to excellence in education; and
     Whereas, The State of West Virginia recognizes that parental involvement and individualized attention to educational success are unique and basic components of home schooling; and
     Whereas, Home-schooled students exhibit self-confidence and good citizenship and are prepared academically to meet the challenges of today's society; and
     Whereas, Contemporary studies continue to confirm that children who are educated at home score exceptionally well on national achievement tests and score above the national average on SAT and ACT tests; and
     Whereas, Home-schooled students have shown to be competitive with publicly and privately schooled students at the college level; therefore, be it
     Resolved by the House of Delegates:
     
That the House of Delegates hereby designates February 22, 2012, as "West Virginia Home School Day"; and, be it
     Further Resolved, That the House of Delegates recognizes students, teachers and families involved with home schooling in West Virginia for their dedication to excellence in education; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the West Virginia Home Educators Association and the Christian Home Educators of West Virginia.
     At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 27) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
     At the request of Delegate Boggs, and by unanimous consent, the House of Delegates proceeded to the Ninth Order of Business for the purpose of considering a resolution on Unfinished Business.
Unfinished Business

     The Clerk then reported H. C. R. 19, The "Staff Sergeant Raymond Armentrout Memorial Bridge".
     On motion of Delegate Boggs, H. C. R. 19 was then taken up for immediate consideration and 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

     Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report, which was received:
     Your Committee on Rules has had under consideration:
     H. C. R. 6, The "John Charles Giese Memorial Bridge",
     H. C. R. 48, The "John W. Pyles Bridge",
     H. C. R. 70, The "Jones Brothers Memorial Bridge"
     H. C. R. 77, Declaring that the month of September be proclaimed as Take Pride in America Month beginning with September, 2012,
     H. R. 13, Celebrating the history and contributions of the Bluefield Coal Show to Mercer County and the West Virginia coal industry,
     And reports the same back with the recommendation that they each be adopted.
     Chairman Poling, from the Committee on Education, submitted the following report, which was received:
     Your Committee on Education has had under consideration:
     H. B. 4583, Changing certain deadlines associated with the termination, resignation and transfer of school personnel,
     And reports the same back with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
     In the absence of objection, reference of the bill (H. B. 4583) to the Committee on Finance was abrogated.
     Chairman White, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration:
     H. B. 4236, Relating to exclusions from the definition of professional personnel for evaluation purposes,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4236 - "A Bill to amend and reenact §18A-2-12 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §18A-3C-1, §18A-3C-2 and §18A-3C-3, all relating to establishing a new system of performance evaluations of professional personnel, specifically classroom teachers, principals and assistant principals; exclusions from the definition of professional personnel for certain evaluation purposes; instituting specific percentages for the evaluation score based on student performance and peer evaluations; requiring the state board of education to adopt a legislative rule and report to the Legislative Oversight Commission on Education Accountability; requiring the state board of education to publish guidelines to assist the county boards of education to design and implement a comprehensive system of support for improving professional practice; and requiring county boards of education to implement a comprehensive system of support for improving professional practice or be ineligible for certain public funding,"
     With the recommendation that the committee substitute do pass.
     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. 4106, Relating to the registration of pawnbrokers,
     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. 4106) was referred to the Committee on the Judiciary.
     Chairman Barker, from the Committee on Energy, Industry and Labor, Economic Development and Small Business, submitted the following report, which was received:
     Your Committee on Energy, Industry and Labor, Economic Development and Small Business has had under consideration:
     H. B. 2390, Providing that all employees have the right to review and copy the contents of their personnel file,
     And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
     In accordance with the former direction of the Speaker, the bill (H. B. 2390) was referred to the Committee on the Judiciary.
     Chairman Skaff, from the Committee on Energy, Industry and Labor, Economic Development and Small Business, submitted the following report, which was received:
     Your Committee on Energy, Industry and Labor, Economic Development and Small Business has had under consideration:
     H. B. 4547, Creating the West Virginia Innovation Free-Trade Business Technology Property Valuation Act and the West Virginia Innovation Free-Trade Tax Credit Act,        
     And,
     H. B. 4629, Permitting the transfer of tax credits for the purchase of alternative-fuel vehicles,
     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. 4547 and H. B. 4629) were each referred to the Committee on Finance.
     Chairman Butcher, from the Committee on Agriculture, submitted the following report, which was received:
     Your Committee on Agriculture has had under consideration:
     H. B. 4574, Allowing the licensure of certain veterinarians by endorsement,
     And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Government Organization.
     In accordance with the former direction of the Speaker, the bill (H. B. 4574 ) was referred to the Committee on Government Organization.
     Chairman Butcher, from the Committee on Agriculture, submitted the following report, which was received:
     Your Committee on Agriculture has had under consideration:
     H. B. 4427, Providing a procedure to address livestock state are in dire or extreme condition,
     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. 4427) was referred to the Committee on the Judiciary.
     Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
     Your Committee on Health and Human Resources has had under consideration:
     H. B. 4047, Relating to the practice of pharmacist care,
     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. 4047) was referred to the Committee on the Judiciary.
     Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
     Your Committee on Health and Human Resources has had under consideration:
     H. B. 4636, Authorizing a responsible parent pilot project,
     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. 4636) 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. 4424, Relating to modified mental hygiene procedures,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4424 - "A Bill to amend and reenact §27-5-11 of the Code of West Virginia, 1931, as amended, relating to modified mental hygiene procedures; extending the termination date of the modified mental hygiene procedures pilot project; authorizing additional programs throughout the state; and continuing the pilot project through July 1, 2013,"
     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. 4568, Providing rehabilitation treatment programs to inmates imprisoned in any jail,
     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. 4568) 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. 4263, Procurement of Domestic Products Act,
     And,
     H. B. 4310, Prohibiting sex offenders from living or working within one thousand feet of the outer perimeter of a school, child care facility, playground or a victim's home,
     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. 4263 and H. B. 4310) were each referred to the Committee on Finance.
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. 57, The "Pearsall Land Grant Trace".
     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2012, and requested the concurrence of the House of Delegates in the passage, of
     Com. Sub. for S. B. 73 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-44-1, §16-44-2, §16-44-3, §16-44-4 and §16-44-5, all relating to regulating tanning facilities; defining terms; setting forth requirements for registration, inspection and obtaining a permit; setting forth the duties and responsibilities of local boards of health; requiring a consent form; setting forth consent form language; creating operating standards; prohibiting the use of tanning devices by anyone under the age of eighteen; granting rule-making authority to the Department of Health and Human Resources to regulate tanning facilities; setting forth minimum requirements for the rule; and establishing criminal penalties"; to the Committee on Health and Human Resources then 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 
     S. B. 137
- "A Bill to amend and reenact §29-22C-27 of the Code of West Virginia, 1931, as amended, relating to use of lottery funds for public works projects"; 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 
     Com. Sub. for S. B. 330 - "A Bill to amend and reenact §33-12B-1 and §33-12B-9 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §33-12B-4a, all relating to insurance and licensure of adjusters; adding a definition of "automated claims adjudication system"; exemptions for certain individuals from adjuster licensure in this state; and adjuster licensing of residents of Canada in this state"; 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
     S. B. 336
- "A Bill to amend and reenact §31-17-2 of the Code of West Virginia, 1931, as amended, relating to license required for residential mortgage lenders and brokers and exemptions thereto; and eliminating the exemption for a lender under the regular supervision and examination for consumer compliance by any agency of the federal government"; which was referred to the Committee on Banking and Insurance then 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. 341 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-44-1, §16-44-2, §16-44-3, §16-44-4 and §16-44-5, all relating to access to nonpublic restrooms by individuals with certain medical conditions and under specified circumstances; and providing criminal penalty for violation"; which was referred to the Committee on Government Organization then 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. 353 - "A Bill to amend and reenact §61-7-2, §61-7-4 and §61-7-7 of the Code of West Virginia, 1931, as amended, all relating to possession of firearms generally; clarifying what constitutes carrying a handgun concealed in or on a motor vehicle; procedures for obtaining a license to carry a concealed handgun; providing application requirements; requiring investigations of applicants through a national criminal background check system and the West Virginia database; providing definitions; prohibiting certain persons from possessing or receiving firearms; providing exceptions; allowing licenses to be transferable within the state; requiring reporting of new address; and penalties"; 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
     S. B. 497
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22-3-33, relating to the award of attorney fees and costs by the Surface Mine Board and courts"; 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
     Com. Sub. for S. B. 507 - "A Bill to amend and reenact §27-4-1 and §27-4-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §27-5-4 of said code; and to amend and reenact §61-7A-5 of said code, all relating generally to mental hygiene; authorizing parent or guardian to commit a child without his or her consent when child is under eighteen years of age; clarifying the procedures for previously involuntarily committed persons petitioning to regain the right to possess firearms to enable West Virginia to be eligible for federal funding; and stylistic changes"; 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. 536 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11A-3-36a, relating to payment of amounts due to the land department of the Auditor's office; permitting payments to be paid by credit, debit or charge card; and authorizing a fee to be assessed for the use of a credit, debit or charge card as a form of payment"; which was referred to the Committee on Government Organization.
     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. 563 - "A Bill to amend and reenact §5A-6-4 of the Code of West Virginia, 1931, as amended, relating to clarifying that the Chief Technology Officer is responsible for the cleansing of information technology equipment prior to retirement or transfer"; which was referred 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:
     Com. Sub. for S. C. R. 19, Requesting DOH name bridge in Wetzel County "Lt. Howard R. 'Bob' Crothers Memorial Bridge",
     H. C. R. 59, Expressing support for improvement in the collection, processing and consumption of recyclable materials throughout the State,
     Com. Sub. for H. C. R. 68, Declaring the City of Beckley's Exhibition Coal Mine as the Official State Coal Mine of West Virginia,
     H. C. R. 72, The "Tim Belt Memorial Bridge",
     And,
     H. C. R. 78, The "Staff Sergeant Sidney H. Blankenship Memorial Bridge".
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein on those requiring the same.
Third Reading

     H. B. 4126, Authorizing legislative rules for the Higher Education Policy Commission and Council for Community and Technical College Education; 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. 92), and there were--yeas 86, nays 12, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Andes, Armstead, Gearheart, Householder, Howell, Kump, Lane, J. Miller, Nelson, Savilla, Storch and Walters.
     Absent and Not Voting: Fragale and Mahan.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4126) 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. 4139, Authorizing miscellaneous agencies and boards 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. 93), and there were--yeas 81, nays 17, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Andes, Armstead, Cowles, Gearheart, Householder, Howell, Kump, Lane, C. Miller, J. Miller, Nelson, Overington, Savilla, Sobonya, Storch, Sumner and Walters.
     Absent and Not Voting: Fragale and Mahan.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4139) passed.
     Delegate Boggs moved that the bill take effect from passage.
     On this question, the yeas and nays were taken (Roll No. 94), and there were--yeas 83, nays 15, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Andes, Cowles, Ellington, Gearheart, Householder, Howell, Kump, C. Miller, J. Miller, Overington, Savilla, Snuffer, Sobonya, Sumner and Walters.
     Absent and Not Voting: Fragale and Mahan.
     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. 4139) 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. 4220, Authorizing the bureau of commerce 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. 95), and there were--yeas 81, nays 17, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Andes, Armstead, Ashley, Cowles, Gearheart, Householder, Howell, Kump, Lane, J. Miller, Nelson, Overington, Pasdon, Savilla, Sobonya, Sumner and Walters.
     Absent and Not Voting: Fragale and Mahan.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4220) passed.
     Delegate Boggs moved that the bill take effect from passage.
     On this question, the yeas and nays were (Roll No. 96), and there were--yeas 84, nays 14, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Andes, Cowles, Ellington, Gearheart, Householder, Howell, Kump, J. Miller, Overington, Pasdon, Savilla, Sobonya, Sumner and Walters.
     Absent and Not Voting: Fragale and Mahan.
     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. 4220) 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.
Second Reading

     The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:
     Com. Sub. for H. B. 2657, West Virginia Religious Freedom Restoration Act,
     Com. Sub. for H. B. 4020, Recognizing outstanding students who are top scorers on certain statewide tests,
     Com. Sub. for H. B. 4049, Requiring the Department of Environmental Protection to maintain an Office of Internal Auditing,
     Com. Sub. for H. B. 4260, Relating to insurance coverage for autism spectrum disorders,
     Com. Sub. for H. B. 4327, Requiring pulse oximetry testing for newborns,
     And,
     Com. Sub. for H. B. 4451, Ensuring that county executive committees have control of designating the persons who serve as ballot commissioner.
First Reading

     The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
     Com. Sub. for S. B. 379
, Authorizing Board of Registered Professional Nurses designate certain treatment and recovery programs for licensees,
     Com. Sub. for H. B. 2740, Making covenants that restrict the installation or use of solar energy systems unenforceable,
     Com. Sub. for H. B. 4028, Authorizing the temporary suspension of certification of emergency medical service personnel or licensure of emergency medical service agencies without a hearing or prior notice if there is probable cause,
     Com. Sub. for H. B. 4037, Relating to the professional and occupational licensure and registration of former and current members of the Armed Forces of the United States,
     Com. Sub. for H. B. 4530, Authorizing the Public Service Commission to consider and issue a financing order to certain regulated electric utilities to permit the recovery of expanded net energy costs,
     And,
     Com. Sub. for H. B. 4630, Modifying the membership of the Braxton County Recreational Development Authority.
     At 12:03 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 4:00 p.m., and reconvened at that time.
* * * * * * *

Afternoon Session

* * * * * * *

     At the request of Delegate Boggs, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.
     Chairman Perry, from the Committee on Banking and Insurance, submitted the following report, which was received:
     Your Committee on Banking and Insurance has had under consideration:
     H. B. 4426, Requiring a copayment to a physical therapist and an occupational therapist be the same as a physician or osteopath,
     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. 4426) was referred to the Committee on the Judiciary.
     Chairman Moore, from the Committee on Banking and Insurance, submitted the following report, which was received:
     Your Committee on Banking and Insurance has had under consideration:
     S. B. 335, Providing electronic payments subject to returned check fees,
     And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
     In accordance with the former direction of the Speaker, the bill (S. B. 335) was referred to the Committee on the Judiciary.
     Chairman Swartzmiller, from the Committee on Veterans' Affairs and Homeland Security, submitted the following report, which was received:
     Your Committee on Veterans' Affairs and Homeland Security has had under consideration:
     H. B. 4626, Increasing state police principal supervisors to nineteen,
     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. 4626) was referred to the Committee on Finance.
     On motion for leave, a bill was introduced (Originating in the Committee on Health and Human Resources and reported with the recommendation that it do pass, but that it first be referred to the Committee on Finance), which was read by its title, as follows:
By Delegates Perdue, Hatfield, Lawrence, Moye, Barill, Fleischauer, Perry, Moore, Poore, Ellington and Lane:
     
H. B. 4651 - "A Bill to amend and reenact §9-2-9 of the Code of West Virginia, 1931, as amended, all relating to requiring public notice of state plan amendments, reimbursement changes, demonstration projects and waiver applications, requiring a response to all public comments and requiring approval by the Legislative Oversight Commission on Health and Human Resource Accountability prior to submission to the federal government for approval."
     In the absence of objection, the Speaker referred the bill to the Committee on Finance.
     Chairman Iaquinta, from the Committee on Veterans' Affairs and Homeland Security, submitted the following report, which was received:
     Your Committee on Veterans' Affairs and Homeland Security has had under consideration:
     H. B. 4551, Authorizing the Adjutant General to establish an entity to operate morale, welfare and recreation facilities,
     And,
     H. B. 4601, Authorizing the West Virginia National Guard to participate in a federal asset forfeiture or sharing program,
     And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on Finance.
     In accordance with the former direction of the Speaker, the bills (H. B. 4551 and H. B. 4601) 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. 2278, Authorizing the use of additional medium for use in archiving government records,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 2278 - "A Bill to amend and reenact §5A-8-20 of the Code of West Virginia, 1931, as amended, relating to the creation of preservation duplicates of state records and destruction of the original records; authorizing the use of additional medium for use in archiving the records; and authorizing county historical societies to obtain one copy of an archived state record without cost,"
     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. 4519, Continuing the special reclamation tax,
     H. B. 4542, Relating to unemployment compensation benefits,
     And,
     H. B. 4549, Imposing a monetary penalty on unemployment compensation recipients for obtaining benefits through the use of fraudulent statements,
     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 bills (H. B. 4519, H. B. 4542 and H. B. 4549) 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. 4605, Providing a premarital education option to applicants for marriage licenses,
     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. 4605) 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. 4322, Adding coyote and fox to the list of species in which any color artificial light is permitted for hunting at night,
     And,
     H. B. 4328, Removing bobcats from the list of species requiring a field tag,
     And reports the same back with the recommendation that they each 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. 4486, Relating to the disclosure of insurance coverage, in archiving government records,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4486 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-27, relating to the disclosure of certain information regarding liability insurance coverage."
     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 the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of 
     Com. Sub. for S. B. 12 - "A Bill to amend and reenact §17A-3-2 of the Code of West Virginia, 1931, as amended, relating to the use of low-speed vehicles in municipalities; and authorizing municipalities to allow, by ordinance, the operation of low-speed vehicles on roads in municipalities with speed limits over twenty-five miles per hour and less than thirty-five miles per hour"; which was referred to the Committee on Roads and Transportation then 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. 145 - "A Bill to amend and reenact §18B-10-1 of the Code of West Virginia, 1931, as amended, relating to allowing students to opt out of institutional insurance coverage in certain circumstances"; which was referred to the Committee on Banking and Insurance then Education.
     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. 185 - "A Bill to amend and reenact §5A-1A-4 of the Code of West Virginia, 1931, as amended, relating to the Employee Suggestion Award Program; increasing the maximum cash award; requiring the board to report to the Legislature every five years; and allowing the Governor to make a secondary award"; 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
     Com. Sub. for S. B. 369 - "A Bill to amend and reenact §7-14D-12 of the Code of West Virginia, 1931, as amended, relating to modifying the Deputy Sheriff Retirement System to allow a retirant, upon divorce, to change the retirement benefit options under certain circumstances"; which was referred to the Committee on Pensions and Retirement 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. 371 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5B-3a, relating to allowing flexibility within county school systems; authorizing the State Board of Education to select a county school system to serve as a county innovation zone pilot project; giving McDowell County first opportunity to submit application; authorizing the State Board of Education to promulgate rules and emergency rules; providing the procedure and criteria for application and selection as a county innovation zone; requiring the development of county innovation zone plans and setting forth their contents; requiring meeting to develop plan; requiring meeting to educate employees about the plan; requiring vote to determine level of school employee support; requiring a public meeting to obtain feedback; permitting exceptions from county and state board rules, policies and interpretations; permitting exceptions from statutes subject to legislative approval; allowing revision and resubmission of approved plan; requiring annual performance reviews and reports; permitting the posting of certain teaching vacancies; and including, for an innovation zone and to the extent applicable, any land and infrastructure needs in the land use master plan and authorizing Tug River Health Association, Inc. to work with county board in addressing health, wellness and fitness needs"; which was referred to the Committee on Education 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 
     Com. Sub. for S. B. 406 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-20-26, relating to protecting dogs by creating regulations for commercial dog breeding operations; providing definitions; providing exceptions; allowing commercial breeders to sell dogs only as household pets; requiring a business license if required by the locality; authorizing county commissions to charge a fee to a commercial dog breeder to obtain an annual permit to operate; limiting the amount of the fee which may be charged; providing for the responsibilities of the commercial dog breeder; setting forth the requirements for maintaining adequate housing facilities and primary enclosures; providing for inspections by animal control officers or law-enforcement officers; prohibiting a commercial dog breeder to operate if convicted of animal cruelty; providing for no exemption from these provisions for a facility licensed by the United States Department of Agriculture; and providing criminal penalties"; 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. 468 - "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; defining terms; adding bond-related activities to the powers of the authority; providing that moneys from the West Virginia Courthouse Facilities Improvement Fund may be disbursed for payment of debt service on bonds; authorizing the authority to issue bonds; setting circumstances for bond issuance and potential terms of bonds; authorizing repayment of debt; permitting bonds be secured by trust agreement and setting certain parameters; permitting refunding bonds; clarifying that bonds by the authority are not a pledge of faith and credit of the state, county, municipality or other subdivision of the state; declaring bonds issued as negotiable instruments under the Uniform Commercial Code; exempting all bonds by the authority, as well as interest and income thereon, from taxation by the state or any subdivision; declaring that certain individuals have no personal liability in relation to issuance of bonds; and granting cumulative authority for exercising certain powers, including if no bonds are issued by the authority"; 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
     Com. Sub. for S. B. 478 - "A Bill to amend and reenact §20-2-30a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §20-2-42yall relating to creating an apprentice hunting and trapping license; and penalty"; which was referred to the Committee on Natural Resources 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
     Com. Sub. for S. B. 526 - "A Bill to amend and reenact §11-22-2 of the Code of West Virginia, 1931, as amended, relating to authorizing counties to impose an additional excise tax upon the transfer of real property; and requiring counties to dedicate this additional excise tax to support regional jails and substance abuse programs"; 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. 555 - "A Bill to amend and reenact §11-15-8d of the Code of West Virginia, 1931, as amended, relating to adding an exception to the limitation on the right of a contractor to assert sales and use tax exemptions of a purchaser when the purchaser is a nonprofit youth organization"; 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 
     Com. Sub. for S. B. 568 - "A Bill to repeal §18-2E-5c of the Code of West Virginia, 1931, as amended; to amend and reenact §18-1-4 of said code; to amend and reenact §18-2-23a of said code; to amend said code by adding thereto a new section, designated §18-2-39; and to amend and reenact §18-2E-5 of said code, all relating to college and career readiness; requiring the State Board of Education, the Higher Education Policy Commission and the Council for Community and Technical College Education to collaborate in formally adopting uniform and specific college and career readiness standards for English/language arts and math; setting forth methods for determining whether students have met the college and career readiness standards; requiring that an explicit focus be embedded in each course on the development of English/language arts and math skills; requiring a twelfth-grade transitional course for both English/language arts and math for students not on track to be college ready; requiring professional development on teaching the college and career readiness standards be included in the state board's goals for professional staff development and ultimately in its Master Plan for Professional Staff Development; requiring the state board to require all teacher preparation programs in the state to include appropriate training for teachers teaching in at least grades eight through twelve on how to teach the adopted standards; requiring the use of certain assessments, exams or tests, as applicable, to determine whether a student is to enroll in a remedial course or be placed immediately in a college-level introductory course; requiring accountability for increasing the percentage of students who meet the standards and for increasing the percentage of students who are making adequate progress toward meeting the standards; deleting requirement that a school or school system that achieves adequate yearly progress is eligible for no less than full accreditation or approval status as applicable; and eliminating obsolete Process for Improving Education Council"; which was referred to the Committee on Education 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. 603
- "A Bill to amend and reenact §15-1H-2 and §15-1H-4 of the Code of West Virginia, 1931, as amended, all relating to public safety; and authorizing the Adjutant General to establish an entity to operate morale, welfare and recreation facilities within the state and to usfunds for that purpose"; 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 resolutions, which were read by their titles and referred to the Committee on Rules:
     S. C. R. 30 - "Requesting the Division of Highways to name an approximate two-mile stretch of road in Boone County on Route 85 between mile markers 29.80 in Uneeda, West Virginia, and 31.61 in South Madison, West Virginia, the 'BM2 Michael V. Dunlap and PFC Darrell E. Dunlap Memorial Highway'."
     Whereas, Michael V. Dunlap and Darrell E. Dunlap were brothers and sons to Edward and Pauline Byus Dunlap of Madison, West Virginia; and
     Whereas, Michael V. Dunlap, the oldest brother, was born on May 13, 1947, in Madison, West Virginia, and died on January 18, 2012; and
     Whereas, Michael V. Dunlap was a proud graduate of Scott High School, Class of 1965; and
     Whereas, Michael V. Dunlap enlisted in the United States Navy in 1966 and was honorably discharged in 1970 after serving two tours in Vietnam and seven campaigns; and
     Whereas, Michael V. Dunlap received several medals for his military service including the Navy/USMC ACH Medal, Navy Good Conduct Medal, the National Defense Medal, the Vietnam Service Medal, the RVN GALL Cross, the Vietnam Campaign Medal and the Cold War Victory Medal; and
     Whereas, After returning home from service, Michael V. Dunlap went to work for and retired from the railroad; and
     Whereas, During his lifetime, Michael V. Dunlap belonged to several organizations including the American Legion Post 0073 in St. Albans, West Virginia; the Disabled American Veterans, Chapter 28; the VFW Post 9097 in Hurricane, West Virginia; the Masonic Lodge 170 in Nitro, West Virginia; the Beni Kedem Shriners of Charleston, West Virginia; and the 32nd Degree Scottish Rite of Charleston, West Virginia; and
     Whereas, Michael V. Dunlap was a proud American and served to the best of his ability in whatever he strived to do; and
     Whereas, Michael V. Dunlap was married to Jacqueline Connie Browning Dunlap for 46 years and together had two children for whom he was extremely proud, Michael V. Dunlap II and Tracy Rae Dunlap; and
     Whereas, Michael V. Dunlap personified the American man who loves God, Family and Country; and
     Whereas, Darrell E. Dunlap, was born on September 16, 1949, and while over two years Michael's junior, his death preceded his brother Michael's by many years having been killed in action in Vietnam on February 8, 1968; and
     Whereas, Darrell E. Dunlap, like his brother before him, was a proud graduate of Scott High School, Madison, West Virginia in 1968; and
     Whereas, Darrell E. Dunlap joined the United States Marines at the age of seventeen with his parents' permission; and
     Whereas, On February 8, 1968, in Quang Tri, South Vietnam, Darrell E. Dunlap volunteered as a stretcher bearer in a hot landing zone with knowledge that he would be under enemy fire as soon as the helicopter landed to evacuate his injured comrades; and
     Whereas, As the helicopter landed, Darrell E. Dunlap was killed instantly when a 120 mm mortar landed close by his side; and
     Whereas, The Dunlap brothers served their country and state with honor, courage and distinction; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Highways to name an approximate two mile stretch of road in Boone County on Route 85 between mile markers 29.80 in Uneeda, West Virginia, and 31.61 in South Madison, West Virginia, the "BM2 Michael V. Dunlap and PFC Darrell E. Dunlap Memorial Highway"; and, be it
     Further Resolved, That the Division of Highways is hereby requested to cause to have made two signs that state, in bold and prominent lettering, the "BM2 Michael V. Dunlap and PFC Darrell E. Dunlap Memorial Highway", and to erect these signs on either end of the identified stretch of road; and, be it
     Further Resolved, That the Clerk of the Senate is hereby directed to forward a certified copy of this resolution to the Commissioner of the Division of Highways and to Michael Dunlap's wife, son and daughter, Jacqueline Connie Dunlap, Michael V. Dunlap II and Tracy Rae Dunlap-Power, respectively, and to Michael and Darrell's sister, Barbara Bretz, and brother, John Dunlap.
     S. C. R. 31 - "Requesting the Division of Highways to name a stretch of highway on County Route 10 from mile marker 7.36 to mile marker 7.06, in the Huff Junction area of Logan County, the 'Terry Lee Vance II Memorial Highway'."
     Whereas, Terry Lee Vance II was born on September 26, 1971 to Terry and Linda Vance; and
     Whereas, Terry Lee Vance II graduated from Man High School in 1989 as an Honor Graduate and attended Southern West Virginia Community and Technical College; and
     Whereas, Terry Lee Vance II lived his entire life in the Huff Junction area; and
     Whereas, Terry Lee Vance II died as a result of an automobile accident on September 16, 1995; and
     Whereas, West Virginia University named the "Terry Lee Vance II Memorial Scholarship" after him in 1996 and it is used to support graduates of Man High School who have a grade point average of 2.5 or greater; and
     Whereas, Terry Lee Vance II was always a helping hand and was engaged to be married; and
     Whereas, It is fitting and proper that this highway be named to memorialize the life of Terry Lee Vance II; 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 10 from mile marker 7.36 to mile marker 7.06, in the Huff Junction area of Logan County, the "Terry Lee Vance 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 "Terry Lee Vance 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, the parents of Terry Lee Vance II, Terry and Linda Vance, and his brother, Mark Vance.    
     S. C. R. 32 - "Requesting the Division of Highways to name the five-mile section of West Virginia Route 10 in Lincoln County from the Logan County line towards Ferrellsburg and Harts the 'Jerry Lee Richards Memorial Highway'."
     Whereas, Jerry Lee Richards was born on April 9, 1950, to Thurmond Richards and Violet Brumfield Richards at West Hamlin, in Lincoln County, West Virginia, and was a resident of Harts, West Virginia, when he died on May 29, 2011, at the age of 61 years. He is survived by his wife, Judy Toppins Richards, daughter, Kathy (Robbie) Thompson, son, Jerry R. Richards, sisters, Kay Jernell and Rebecca Walker, three grandsons, Tyler Jackson Thompson, Nathan Lee Thompson and Conner Matthew Richards; and
     Whereas, Jerry Lee Richards grew up in the Harts/Ferrellsburg area, attending Greenshoal and Ferrellsburg Elementary, graduated from Harts High School in 1968, Nashville Diesel School in 1969 and attended Logan Branch of Marshall University. Mr. Richards was a self-employed entrepreneur and owner of J&K Construction for 32 years and Harts Pro Hardware. He was formerly employed by Richards Ashland Station at Ferrellsburg and Ford Motor Company. He was a member of the West Virginia Independent Oil and Gas Association. Active in his community, Mr. Richards gave his attention to: Health clinics and citizen access and serving on the local board of directors; development and use of cell towers for rural areas; county roads and bridges with emphasis on county ownership and maintenance for rural roads, handicap access and safety; making public water available to rural homes and schools; business assistance for local job markets and development for new ones; helping to acquire grants for equipment and encouraging participation in fire departments; and, he had a passion for local elections and encouraging members of his community to participate in the process; and
     Whereas, Jerry Lee Richards was a caring and giving person, a respected and active member of his community and his dedication and commitment to his family, community and state served as a great example to us all and should not go unnoticed; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Highways to name the five-mile section of West Virginia Route 10 in Lincoln County from the Logan County line towards Ferrellsburg and Harts the "Jerry Lee Richards Memorial Highway"; and, be it
     Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying this section of highway as the "Jerry Lee Richards Memorial Highway"; and, be it
     Further Resolved, That the Clerk of the Senate is hereby directed to forward a certified copy of this resolution to the Secretary of the Department of Transportation and to the surviving family of Jerry Lee Richards.
     S. C. R. 36 - "Requesting the Division of Highways to name bridge number 24-1/2-4.03 on the King Coal Highway crossing Tug Fork on County Road 1/2 in McDowell County near Mohawk, the 'Corporal John A. Gero Memorial Bridge'."
     Whereas, John A. Gero was born on August 22, 1947, in Grace Hospital, McDowell County, West Virginia, to Zane Joseph Gero and Mildred Blake Caldwell. He grew up and was educated in Burbank, California and graduated from Burbank High School in the Class of 1967; and
     Whereas, John A. Gero entered the United States Marine Corps on August 16, 1967 and served with the 1st PLT, G. Co, 2nd Battalion, 3rd Marine Division. At the time he was wounded on June 29, 1968 in Quang Tri Province, South Vietnam, a ground casualty of friendly fire, he was a rifleman with the rank of corporal. He was transferred to the hospital ship U.S.S. Sanctuary where he died of multiple head injuries on June 29, 1968. Corporal John A. Gero was awarded the Purple Heart, posthumously, in addition to other campaign ribbons and recognitions. Corporal John A. Gero was survived by his sister, Tricia Gero Blain, and brother, Joe Gero; and
     Whereas, Corporal John A. Gero gave his life in the service of his country, two months short of his twenty-first 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 Corporal John A. Gero'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 24- 1/2-4.03 on the King Coal Highway crossing Tug Fork on County Road 1/2 in McDowell County near Mohawk, the "Corporal John A. Gero 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 "Corporal John A. Gero 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 Corporal John A. Gero.
     S. C. R. 39 - "Requesting the Division of Highways to name bridge number 10848 over Dry Run in Berkeley County, the 'Dr. Max O. and Evelyn S. Oates Memorial Bridge'."
     Whereas, Dr. Max and Evelyn Oates were residents of Martinsburg, West Virginia; and
     Whereas, Dr. Max and Evelyn Oates played a vital role in the success of City Hospital and its advances and expansion through their dedication and leadership; and
     Whereas, Dr. Max and Evelyn Oates made numerous contributions in support of health care and wellness services throughout the Eastern Panhandle; and
     Whereas, Dr. Max Oates, skilled surgeon and businessman, served City Hospital as Superintendent, Chairman of Department of Surgery, Medical Staff President, Medical Director and City Hospital Board of Trustees throughout his medical profession; and
     Whereas, Evelyn Oates, businesswoman, civic leader and community contributor, dedicated her continuous support and generosity to City Hospital as a long-standing member of City Hospital Auxiliary, City Hospital Board of Trustees and City Hospital Foundation Board of Directors; and
     Whereas, Dr. Max and Evelyn Oates were passionately and extensively involved in bettering their community and serve as prime examples of the impacts selfless service can engender; and
     Whereas, It is fitting, to name this bridge as a memorial to the lives of Dr. Max and Evelyn Oates; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Highways to name bridge number 10848 over Dry Run in Berkeley County, the "Dr. Max O. and Evelyn S. Oates 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 "Dr. Max O. and Evelyn S. Oates 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 Dr. Max and Evelyn Oates.
     And,
     S. C. R. 41 - "Requesting the Division of Highways to name the East Beckley bypass bridge on U. S. Route 19 over Cranberry Creek, in Raleigh County, bridge number 41-19-14.47, the 'Fire Captain Fred Burroughs Memorial Bridge'."
     Whereas, Fred Burroughs, also known as Frederick Allen Burroughs, was born on December 21, 1955, the youngest of five children born to Martin ("Mike") Burroughs, Sr., and Betty Burroughs; and
     Whereas, Fred Burroughs graduated from Shady Spring High School in 1974, was a standout football and basketball player and was inducted into Shady's football Hall of Fame in 1995; and
     Whereas, Fred Burroughs, at the age of seventeen, became a volunteer firefighter and spent thirty-three years serving with the Ghent Volunteer Fire Department in various capacities, including as a fire chief, assistant chief, and at the time of his death as a captain and a member of the board of directors; and
     Whereas, Fred Burroughs was married to his soul mate, Hazel, since May 14, 1982, and both were blessed to have a son, Christopher Allen, and a daughter, Lindsay Pauline, who were only nineteen and twelve years old respectively at the time of his death; and
      Whereas, Fred Burroughs was proud to have been selected to officiate six West Virginia State High School basketball tournaments and, in 2003, was selected as the WV Basketball Official of the Year; and
     Whereas, Fred Burroughs at the time of his death was an inspector for the Beckley/Raleigh County Code Enforcement Department; and
     Whereas, Fred Burroughs, on January 30, 2007, after a call for an inspection at Flat Top Lake, stopped in the Little General Store and was advised by the staff of a propane leak; and
     Whereas, Fred Burroughs instructed the workers to close the store immediately and gave instructions for the parking lot to be evacuated and for no customers to be allowed on the parking lot; and
     Whereas, Fred Burroughs had gone to the rear of the store to determine the cause of the leak when the store exploded, killing him instantly, as well as killing another emergency responder and two propane technicians that day and injuring others; and
     Whereas, Fred Burroughs was instrumental in saving people from harm that fateful day, and his ultimate sacrifice left a tremendous void in the lives of his wife, children, mother, other family members, friends, coworkers and fellow firefighters that can never be filled; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Highways to name the East Beckley bypass bridge on U. S. Route 19 over Cranberry Creek, in Raleigh County, bridge number 41-19-14.47, the "Fire Captain Fred Burroughs 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 "Fire Captain Fred Burroughs Memorial Bridge"; and, be it
     Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways and to the family of Frederick Allen Burroughs.
     A message from the Senate, by
     The Clerk of the Senate, announced the adoption by the Senate, without amendment, of concurrent resolutions of the House of Delegates as follows:
     Com. Sub. for H. C. R. 7, The "Second Lieutenant Theodore Remington Woo Memorial Bridge",
     H. C. R. 8 The "All-American Rod Thorn Interchange",
     H. C. R. 15, The "Technician Fifth Grade Victor A. Osburn Memorial Bridge",
     H. C. R. 16, The "Staff Sergeant Cecil Y. Ware Memorial Bridge",
     H. C. R. 18, The "Aster C. Adkins Memorial Bridge",
     Com. Sub. for H. C. R. 21, The "Junior Ellsworth Reed Memorial Bridge",
     Com. Sub. for H. C. R. 28, The "L/CPL David Lee Cosner Memorial Bridge",
     H. C. R. 35, The "Sergeant Larry W. Kinder Memorial Highway",
     H. C. R. 37, The "PFC James J. Waters Memorial Bridge",
     Com. Sub. for H. C. R. 38, The "Vietnam Veteran Highway, In Honor of Cpl. Robert Lee Fleck, Sgt. Nile Dean Shumate, Cpl. Dana Edward Nelson and Cpl. James Charles Crose",
     H. C. R. 39, The "PFC Herbert B. Murphy Memorial Bridge",
     H. C. R. 40, The "Norbert E. Eagloski Memorial Bridge",
     H. C. R. 50, The "Captain John Hanson McNeill CSA Memorial Bridge",
     H. C. R. 52,The "George William Brumfield Memorial Bridge",
     H. C. R. 55, The "Walter R. Akers Memorial Intersection",
     H. C. R. 56, The "Lucille Stalnaker Bridge",
     H. C. R. 60, The "Tpr. Hugh D. Swartz Memorial Barracks",
     And,
     H. C. R. 65, The "Perry Brothers Memorial Highway".
Leaves of Absence

     At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Fragale and Mahan.
Remarks by Members

     Delegate Andes asked and obtained unanimous consent that the remarks of Delegate Savilla regarding Andrea's Law be printed in the Appendix to the Journal.
     At 4:10 p.m.., the House of Delegates adjourned until 11:00 a.m., Thursday, February 23, 2012.

This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature ****