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Eighty-first Legislature

First Regular Session

Held at Charleston

Published by the Clerk of the House

 

West Virginia Legislature

JOURNAL

of the

House of Delegates

colorseal.jpg





__________*__________



 

Tuesday, March 26, 2013

FORTY-SECOND 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 Monday, March 25, 2013, being the first order of business, when the further reading thereof was dispensed with and the same approved.

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. 79, The “Joe Curtis (Joey) Dingess Memorial Bridge”,

            H. C. R. 85, The “Carnie L. Spratt Memorial Bridge”,

            H. C. R. 89, Requesting the Division of Highways to name bridge number 10-27-0.01, currently known as Pax Bridge, on County Route 27 in Pax, West Virginia, the “Navy AD3 Jack Lively Memorial Bridge”,

            And,

            H. C. R. 91, The “Platoon Sgt. Clifford Tomblin Highway, United States Army”,

            And reports the same back with the recommendation that they each be adopted.

            Delegate White, Chair of the Committee on Finance, submitted the following report, which was received:

            Your Committee on Finance has had under consideration:

            H. B. 2851, Establishing a one time audit cost amnesty program for local governments with delinquent audit costs,

            And,

            H. B. 2859, Authorizing the Commissioner to issue no more than ten additional special demonstration plates used by new and used dealers of larger commercial type vehicles,

            And reports the same back with the recommendation that it do pass.

            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. 2731, Regulating the performance of health maintenance tasks by unlicensed personnel,

            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. 2731) was referred to the Committee on the Judiciary.

            Delegate Miley, Chair of the Committee on the Judiciary, submitted the following report, which was received:

            Your Committee on the Judiciary has had under consideration:

            H. B. 2626, H. B. 2660, H. B. 2661, H. B. 2662, H. B. 2663 and H. B. 2695, Authorizing the Department of Military Affairs and Public Safety to promulgate Legislative Rules,

            And reports back a committee substitute therefor, with a new title, as follows:

            Com. Sub. for H. B. 2626 - “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 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 as amended by the Legislature; 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 the Division of Protective Services to promulgate a legislative rule relating to contracted police or security services; authorizing the State Fire Commission to promulgate a legislative rule relating to the state building code; authorizing the State Fire Commission to promulgate a legislative rule relating to volunteer firefighters' training, equipment and operating standards; authorizing the Governor’s Committee on Crime, Delinquency and Correction to promulgate a legislative rule relating to law enforcement training and certification standards; authorizing the Governor’s Committee on Crime, Delinquency and Correction to promulgate a legislative rule relating to the protocol for law enforcement response to stalking; and authorizing the Governor’s Committee on Crime, Delinquency and Correction to promulgate a legislative rule relating to the protocol for law enforcement response to child abuse and neglect,”

            With the recommendation that the committee substitute do pass.

            Delegate Miley, Chair of the Committee on the Judiciary, submitted the following report, which was received:

            Your Committee on the Judiciary has had under consideration:

            H. B. 2956, Relating to resident brewers and brewpubs,

            And reports the same back, with a title amendment, with the recommendation that it do pass, as amended.

            Delegate Miley, Chair of the Committee on the Judiciary, submitted the following report, which was received:

            Your Committee on the Judiciary has had under consideration:

            H. B. 3069, Relating to access to justice,

            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. 3069) was referred to the Committee on Finance.

            Delegate Miley, Chair of the Committee on the Judiciary, submitted the following report, which was received:

            Your Committee on the Judiciary has had under consideration:

            H. B. 2778, Defining alternative nicotine products and electronic cigarettes,

            And reports back a committee substitute therefor, with a new title, as follows:

            Com. Sub. for H. B. 2778 - “A Bill to amend and reenact §16-9A-2, §16-9A-3, §16-9A-7 and §16-9A-8 of the Code of West Virginia, 1931, as amended, all relating to the usage restrictions for tobacco and tobacco products; defining tobacco products; defining vapor products; including vapor products within the definition of tobacco products; exclusions; prohibiting the sale of vapor products to individuals under eighteen years of age; prohibiting the use and possession of vapor products by an individual under eighteen years of age; including vapor products within the tobacco products for which unannounced inspections may be conducted to ensure compliance with sales restrictions; and restricting the sale of vapor products in vending machines; establishing associated misdemeanor offenses and penalties for prohibited use, sale and possession and related violations,”

            With the recommendation that the committee substitute do pass.

            Delegate Miley, Chair of the Committee on the Judiciary, submitted the following report, which was received:

            Your Committee on the Judiciary has had under consideration:

            H. B. 2521, Relating to the West Virginia Contraband Forfeiture Act,

            And reports back a committee substitute therefor, with the same title, as follows:

            Com. Sub. for H. B. 2521 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60A-7-705a, relating to the West Virginia Contraband Forfeiture Act; revising procedures for administrative forfeiture of certain types of property involved in the trafficking of controlled substances; establishing time frames; and providing for notice,”

            With the recommendation that the committee substitute do pass.

            Delegate Miley, Chair of the Committee on the Judiciary, submitted the following report, which was received:

            Your Committee on the Judiciary has had under consideration:

            H. B. 2430, Exempting the construction or addition of active

            H. B. 2893, Relating to preservation of cemeteries,

            And,

            H. B. 2902, Establishing voting precincts and changing the composition of standard receiving boards.

            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. 2430, H. B. 2893 and H. B. 2902) were each referred to the Committee on Finance.

            Delegate White, Chair of the Committee on Finance, submitted the following report, which was received:

            Your Committee on Finance has had under consideration:

            H. B. 2563, Reducing the daily administrative time required of school counselors and increasing the time actually spent in counseling at-risk students,

            And reports back a committee substitute therefor, with a new title, as follows:

            Com. Sub. for H. B. 2563 - “A Bill to amend and reenact §18-5-18b of the Code of West Virginia, 1931, as amended, relating to percentage of their work time that school counselors must spend in a direct or indirect counseling relationship with at-risk students and other pupils and requiring that their remaining work time be spent on only counseling related administrative and other counseling related duties,”

            H. B. 2754, Relating to further defining a retailer engaging in business in this state for purposes of sales and use taxes,

            And reports back a committee substitute therefor, with a new title, as follows:

            Com. Sub. for H. B. 2754 - “A Bill to amend and reenact §11-15A-1 of the Code of West Virginia, 1931, as amended, relating to expanding the definition of a ‘retailer engaging in business in this state’ for purposes of sales and use taxes to include any retailer that is related to, or part of a unitary business with, a person, entity or business that is a subsidiary of the retailer, or is related to, or unitary with, the retailer as a related entity, a related member or part of a unitary business that meets one of four certain additional criteria; providing illustrative examples of the term ‘service’ for purposes of the expanded definition; and providing effective date for the change of definition,”

            H. B. 2923, Relating to directors of state-chartered banking institutions,

            And reports back a committee substitute therefor, with a new title, as follows:

            Com. Sub. for H. B. 2923 - “A Bill to amend and reenact §31A-4-8 of the Code of West Virginia, 1931, as amended, relating to directors of state-chartered banking institutions; and eliminating the residency requirement for a majority of the directors of a state-chartered banking institution,”

            And,

            H. B. 3003, Facilitating compliance with the Tobacco Master Settlement Agreement,

             And reports back a committee substitute therefor, with a new title, as follows:

            Com. Sub. for H. B. 3003 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-9D-4a, relating generally to facilitating and enforcing compliance with escrow, certification and other requirements imposed on certain tobacco manufacturers that did not participate in the tobacco product manufacturers’ Master Settlement Agreement; imposing bonding requirements on certain nonparticipating tobacco product manufacturers; and providing for forfeiture of bond for noncompliance,”

            With the recommendation that the committee substitutes each do pass.

            Delegate Miley, Chair of the Committee on the Judiciary, submitted the following report, which was received:

            Your Committee on the Judiciary has had under consideration:

            H. B. 2946, Permitting the sale of alcoholic beverages on Sunday mornings,

            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. 2946) was 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. 31, The “WWII 78th Lightning Division Road”.

            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. 68, The “Army Maj. Gen. Charles C. Rogers Memorial Bridge”.

            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. 11 - “A Bill to amend and reenact §60A-1-101 of the Code of West Virginia, 1931, as amended; and to amend and reenact §60A-2-204, §60A-2-206, §60A-2-208, §60A-2-210 and §60A-2-212 of said code, all relating generally to schedules of controlled substances; modifying and including definitions; and updating West Virginia schedules of controlled substances to include certain substances found in the federal schedules of controlled substances”; which was referred 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, to take effect July 1, 2013, and requested the concurrence of the House of Delegates in the passage, of

            S. B. 190 - “A Bill to amend and reenact §17-27-5 and §17-27-9 of the Code of West Virginia, 1931, as amended, all relating to the funding of transportation public-private partnership projects and their corresponding comprehensive agreements; eliminating requirement that money from the State Road Fund only be used for public-private partnership projects where the money serves as a required match for federal funds specifically earmarked in a federal authorization or appropriation bill and does not exceed four percent of the immediate preceding three fiscal years’ average of the Division of Highway’s construction contracts awarded under the competitive bid process; allowing public-private partnership projects to use money from the State Road Fund when the projects are in excess of $20 million, constructed by the Division of Highways and contained in its six-year plan; providing that any earnings in excess of maximum rate of return that is negotiated in comprehensive agreements be deposited in the State Road Fund; eliminating a sunset provision prohibiting comprehensive agreements for public-private partnership projects after June 30, 2013; eliminating the requirement that a comprehensive agreement for public-private partnership projects be approved by concurrent resolution of the Legislature and be submitted to the Governor for his or her approval or disapproval before the Division of Highways enters into the comprehensive agreement; and mandating that the Division of Highways provide a copy of any comprehensive agreement to the Legislature’s Joint Committee on Government and Finance at least thirty days prior to said agreement being executed by the Division of Highways for a public-private partnership “; 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 and requested the concurrence of the House of Delegates in the passage, of 

            Com. Sub. for S. B. 461 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto four new sections, designated §48-1-401, §48-1-402, §48-1-403 and §48-1-404; to amend said code by adding thereto a new article, designated §49-1A-1, §49-1A-2, §49-1A-3 and §49-1A-4; and to amend and reenact §62-6B-2, §62-6B-3 and §62-6B-4 of said code, all relating to child witnesses; creating procedures and protections for child witnesses in domestic relations and child abuse and neglect proceedings; amending procedures and protections for child witnesses in criminal proceedings; setting forth the rights of child witnesses; establishing the procedure and safeguards to be used when taking testimony of a child witness; setting criteria that a court should use when addressing child witnesses; permitting a court in certain instances to permit a child witness to give testimony by closed-circuit television; establishing certain procedures to be used when taking testimony of a child witness by closed-circuit television; protecting recordings made of statements by child witnesses; providing for confidentiality; providing for criteria for instances when the child witness may also be a victim; permitting a support person and other accommodations for a child witness in certain situations; defining terms; increasing the age of a child witness in criminal cases; adjusting findings that must be made with regard to certain child witnesses; updating procedures for taking testimony of child witnesses by closed-circuit television in criminal cases; removing the option from criminal defendants to absent themselves from the courtroom during child witness testimony in lieu of testimony by closed-circuit television; providing additional accommodations available to a court for child witnesses in criminal cases; and setting requirements for use of recordings of child witnesses”; 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, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

            S. B. 489 - “A Bill to amend and reenact §16-13E-6 of the Code of West Virginia, 1931, as amended, relating to permitting community enhancement districts to decrease the amounts of annual property assessments; providing a process that a community enhancement board is to use to certify the decrease to the county sheriff; requiring that any decrease be included in the tax ticket or a modified tax ticket; and specifying that the process may not be used for increases in the annual assessments”; 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. 523 - “A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2013, to the Governor’s Office, Minority Affairs Fund, fund 1058, fiscal year 2013, organization 0100, to the Department of Education and the Arts, State Board of Rehabilitation - Division of Rehabilitation Services - West Virginia Rehabilitation Center - Special Account, fund 8664, fiscal year 2013, organization 0932, to the Department of Health and Human Resources, Division of Health - Hospital Services Revenue Account, Special Fund, Capital Improvements, Renovation and Operations, fund 5156, fiscal year 2013, organization 0506, to the Department of Health and Human Resources, Division of Health - Lead Abatement Account, fund 5204, fiscal year 2013, organization 0506, to the Department of Revenue, Municipal Bond Commission, fund 7253, fiscal year 2013, organization 0706, to the Department of Transportation, Public Port Authority - Special Railroad and Intermodal Enhancement Fund, fund 8254, fiscal year 2013, organization 0806, to the Miscellaneous Boards and Commissions, WV Board of Examiners for Registered Professional Nurses, fund 8520, fiscal year 2013, organization 0907, and to the Miscellaneous Boards and Commissions, WV Board of Licensed Dietitians, fund 8680, fiscal year 2013, organization 0936, by supplementing and amending the appropriations for the fiscal year ending June 30, 2013”; 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, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

            S. B. 524 - “A Bill supplementing, amending, decreasing and increasing items of the existing appropriations from the State Road Fund to the Department of Transportation, Division of Highways, fund 9017, fiscal year 2013, organization 0803, for the fiscal year ending June 30, 2013”; 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, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

            S. B. 525 - “A Bill making a supplementary appropriation of federal funds out of the Treasury from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2013, to the Department of Administration, Children’s Health Insurance Agency, fund 8838, fiscal year 2013, organization 0230, to the Department of Commerce, Division of Miners’ Health, Safety and Training, fund 8709, fiscal year 2013, organization 0314, to the Department of Education, State Department of Education, fund 8712, fiscal year 2013, organization 0402, to the Department of Education and the Arts, Division of Culture and History, fund 8718, fiscal year 2013, organization 0432, to the Department of Health and Human Resources, Division of Health, Central Office, fund 8802, fiscal year 2013, organization 0506, to the Department of Health and Human Resources, Division of Human Services, fund 8722, fiscal year 2013, organization 0511, to the Department of Military Affairs and Public Safety, West Virginia State Police, fund 8741, fiscal year 2013, organization 0612, to the Department of Revenue, Insurance Commissioner, fund 8883, fiscal year 2013, organization 0704, and to Miscellaneous Boards and Commissions, Coal Heritage Highway Authority, fund 8861, fiscal year 2013, organization 0942, by supplementing and amending the appropriations for the fiscal year ending June 30, 2013”; 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, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

            S. B. 526 - “A Bill making a supplementary appropriation of federal funds out of the Treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending June 30, 2013, to the Department of Health and Human Resources, Division of Human Services - Temporary Assistance for Needy Families, fund 8816, fiscal year 2013, organization 0511, by supplementing and amending the appropriation for the fiscal year ending June 30, 2013”; 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, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 534 - “A Bill to amend and reenact §33-6F-2 of the Code of West Virginia, 1931, as amended, relating to correcting an internal reference of the code with regard to insurance information disclosure”; 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. 544 - “A Bill to amend and reenact §4-10-8 of the Code of West Virginia, 1931, as amended, relating to the schedule of departments for agency review”; which was referred to the Committee on Government Organization.

            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 to name bridge number 42-5/5-0.04 on Route 5/5 in Randolph County the ‘Army Captain Bernard Francis Jones Memorial Bridge’.”

            Whereas, Captain Jones was born in Coalton and graduated from Coalton High School in 1958; and

            Whereas, Captain Jones enlisted in the United States Army in the autumn of 1958 and served until 1961; and

            Whereas, Upon his return home Captain Jones attended Davis and Elkins College; and

            Whereas, Captain Jones reenlisted in the United States Army, attended Officer Candidate School and received an officer’s commission; and

            Whereas, Captain Jones served with Advisory Team 91 in Vietnam from 1965 until his death in 1967; and

            Whereas, Captain Jones was awarded the Bronze Star, Air Medal, Army Commendation Medal, Good Conduct Medal, Purple Heart, National Defense Service Medal, Vietnam Service Medal, Combat Infantry Medal, Republic of Vietnam Campaign Medal, Parachutist Badge and Expert Rifle Badge; and

            Whereas, It is fitting to honor Captain Jones for his commitment, dedication and service to his country and his state and having made the ultimate sacrifice; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 42-5/5-0.04 on Route 5/5 in Randolph County the “Army Captain Bernard Francis Jones 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 “Army Captain Bernard Francis Jones 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 Captain Bernard Francis Jones. 

            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. 19 - “Requesting the Division of Highways to name bridge number 20-61-10.39, crossing Cabin Creek on United States Route 61, in Kanawha County, the ‘U. S. Army Sgt. Archie W. Searls Memorial Bridge’.”

            Whereas, Archie W. Searls was born July 2, 1920, and lived a full life until he passed away on January 6, 2013; and

            Whereas, Archie W. Searls served his country in World War II, having served in the United States Army’s 3144th Signal Service Detachment; and

            Whereas, Archie W. Searls worked for Appalachian Power Company for forty-one years, working eleven years at the company’s Cabin Creek facility and an additional thirty years at the company’s Kanawha River Plant facility in Glasgow; and

            Whereas, Archie W. Searls served as a charter board member of the Chelyan Public Service District, now Kanawha Public Service District, and served multiple terms as president of the Public Service District, where he worked to provide the citizens of eastern Kanawha County with fresh potable water and sanitary sewer systems; and

            Whereas, Archie W. Searls served as a board member of the Kanawha Valley Regional Transportation Authority for fifteen years, where he also served multiple terms as President of the Transportation Authority, working to improve public transportation for all citizens of Kanawha County; and

            Whereas, Archie W. Searls was a lifelong member of the Chelyan United Methodist Church, where he served on the Administrative Council. He also gave freely of his time serving as the Chaplain for the East Bank High School football team for sixteen years, and continued to serve in this capacity for an additional fourteen years at Riverside High School; and

            Whereas, Archie W. Searls regularly volunteered at Heartland Healthcare Center for more than thirty years, helping care for senior citizens less fortunate than himself even in his advanced age; and

            Whereas, Archie W. Searls was a member of plethora fraternal organizations including Chelyan Masonic Lodge 158, where he served as a past master, Chelyan and Pratt Lions Clubs, Eastern Star, the Scottish Rite and Shrine of Charleston; and

            Whereas, Archie W. Searls was a lifelong resident of the Greater Chelyan area near East Bank, West Virginia, and naming a bridge after Archie W. Searls near his home would be a small tribute to a man who was very well thought of and who always placed his fellow citizens’ well being before his own; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature hereby requests the Division of Highways to name bridge number 20-61-10.39, crossing Cabin Creek on United States Route 61, in Kanawha County, the “U. S. Army Sgt. Archie W. Searls 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 “U. S. Army Sgt. Archie W. Searls 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 Archie W. Searls.

            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 23-119-18.13, on Route 119 in Logan County, the ‘Navy Lieutenant, Junior Grade, Edsel Carl Varney Memorial Bridge’.”

            Whereas, Lieutenant Varney was born on January 25, 1922, and passed away on May 6, 1977; and

            Whereas, Lieutenant Varney graduated from Chapmanville High School in 1941; and

            Whereas, Lieutenant Varney enlisted in the United States Naval Reserves on November 5, 1942, under the V-5 Naval Aviation Cadet Program, entering active service on February 11, 1943, and was officially released from active duty on November 7, 1945; and

            Whereas, Lieutenant Varney flew twenty-one missions during the Iwo Jima operations, including almost seventy hours of combat time with twenty-two carrier landings on the Makin Island; and

            Whereas, Lieutenant Varney flew thirty-one missions during the Okinawa operations, including almost one hundred and fourteen hours of combat time with thirty carrier landings, all but one on the Makin Island while the last one during combat operations was on the Savo Island; and

            Whereas, Lieutenant Varney had forty-three total catapults and seventy-eight carrier landings on five carriers: The USS Sable, the USS Saratoga, the USS Bataan, the USS Makin Island and the USS Savo Island; and

            Whereas, Lieutenant Varney was awarded the Distinguished Flying Cross, Air Medal, multiple Gold Stars, American Campaign Medal, Asiatic and Pacific Campaign Medal, WW II Victory Medal, Philippine Presidential Unit Citation and Philippine Liberation Medal; and

            Whereas, Lieutenant Varney married Aleen “Pat” Williamson on November 8, 1947, raised five children and had eight grandchildren and six great grandchildren; and

            Whereas, Following his service in the Navy, Lieutenant Varney was a pilot instructor and at one point all state troopers in Logan knew how to fly; and

            Whereas, Lieutenant Varney was a PTA President, was very involved with his children and their activities and was the high school band president while his children were in the band and raised money for uniforms and instruments; and

            Whereas, When returning home from several days of work Lieutenant Varney would fly his plane low near his house, so that his children would know that he would be home very shortly; and

            Whereas, Lieutenant Varney was a Mason and spearheaded the project to get an airport in Logan; and

            Whereas, It is fitting to honor Lieutenant Varney for his commitment, dedication and service to his country and his state; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 23-119-18.13, on Route 119 in Logan County, the “Navy Lieutenant, Junior Grade, Edsel Carl Varney 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 ‘”Navy Lieutenant, Junior Grade, Edsel Carl Varney 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 Lieutenant Edsel Carl Varney.

Resolutions Introduced

            Delegates Fleischauer, Poore, Campbell, Barill, Diserio, Manypenny, Moye, Marshall, Guthrie, Pasdon, Frich, Ambler, Anderson, Ashley, Barrett, Boggs, Border, Canterbury, Craig, Eldridge, Ellem, Ellington, Espinosa, A. Evans, Hartman, Hunt, Iaquinta, Jones, Kump, Lawrence, Lynch, McCuskey, Miley, Moore, Morgan, E. Nelson, Perdue, R. Phillips, M. Poling, Raines, Reynolds, Skaff, Skinner, Sponaugle, Stephens, Stowers, Swartzmiller, Tomblin, Walker, White, Williams and Young offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 100 - “Requesting the Joint Committee on Government and Finance study Medical Amnesty and Good Samaritan policies in other states and in institutions of higher education.”

            Whereas, Medical Amnesty or Good Samaritan laws are state-wide laws that grant a limited legal immunity to minors who seek medical attention for themselves or another individual; and

            Whereas, Medical Amnesty or Good Samaritan policies encourage students and citizens to seek potentially life-saving medical treatment for themselves or others without worry of disciplinary or punitive action in cases of underage consumption or possession of illegal substances; and

            Whereas, While Medical Amnesty policies grant protection from criminal sanctions, other nonpunitive consequences, such as education or treatment, may be made available; and

            Whereas, Students would not be granted amnesty from punitive sanctions resulting from other policies that they violate while under the influence of drugs or alcohol; and

            Whereas, Follow-up evaluations and counseling are fundamental components of any Medical Amnesty Policy; and

            Whereas, Everyday fourteen young people under the age of twenty-one die as a result of underage drinking; and

            Whereas, Calls for medical assistance occur less than 50% of the time in overdose cases in the US; and

            Whereas, Witnesses are 2.5 times more likely to call for help in cases of alcohol poisoning when Medical Amnesty or Good Samaritan policies are in place; and

            Whereas, Over fifteen states and ninety institutions of higher learning have enacted or are considering Medical Amnesty or Good Samaritan policies, including our neighboring state Pennsylvania and four universities in the Big 12 Conference; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is requested to conduct a study on Medical Amnesty and Good Samaritan policies in other states and in institutions of higher education;

and, be it

            Further Resolved, That the Joint Committee on Government and Finance report to the 2014 regular session of the Legislature, on its findings, conclusions and recommendations together with drafts of any legislation to effectuate its recommendations; and, be it

            Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

            Delegates Fleischauer, Sponaugle, Lynch, Skinner, Lawrence, Manypenny, Campbell, Barill, Diserio, Ferro, Sobonya, Craig, Pasdon, Anderson, Border, Ellem, Ferns, Howell, Jones, Kump, J. Nelson, D. Poling and Shott offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 101 - “Requesting the Joint Committee on Government and Finance study the legality and the potential consequences of the use of drones by public and private entities in the State of West Virginia.”

            Whereas, It is estimated by Aviation Today that the worldwide drone market could exceed $80 billion in the next decade; and

            Whereas, According to USA Today and CNN the use of drones in state and municipal policing, as well as in the private sector, is increasing; and

            Whereas, Without regulation drones could potentially carry lethal payloads; and

            Whereas, Drones may be used as a surveillance tool and are thus a potential threat to privacy; and

            Whereas, There is no consensus in law on how data collected by drones can be used, stored or shared; and

            Whereas, Legislation may be needed to govern prohibited uses of drones, exceptions to prohibitions, admissibility as evidence, and remedies for violation; and

            Whereas, According to the National Conference on State Legislatures more than twenty states are considering legislation to regulate public and private purchase and use of drones; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study the legality and the potential consequences of the use of drones by public and private entities in the State of West Virginia; and, be it

            Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2014, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

            Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

            Delegates Barill, Caputo, Marshall, Pasdon, Fleischauer, Manchin, Iaquinta, Miley, Longstreth, Pethtel and Hunt offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 102 - “Requesting that the interchange at Exit Ramp 31-79-150 in Morgantown, Monongalia County, West Virginia be named the ‘Michael A. Oliverio, Sr. Interchange’.”

            Whereas, Michael A. Oliverio, Sr. was born in Carolina, West Virginia to Joseph Oliverio and Mary Oliverio; and

            Whereas, Michael A. Oliverio, Sr.’s education began in Carolina Grade School and continued to Monongah High School; and

            Whereas, Michael A. Oliverio, Sr.’s higher education includes a Bachelors Degree in Physical Science and Mathematics from Fairmont State College, a Masters in Guidance and Counseling from West Virginia University, and additional post graduate work completed at the University of Virginia, College of St. Thomas, Minnesota, and George Washington University; and

            Whereas, Michael A. Oliverio, Sr. began a loving marriage which lasted a wonderful forty-eight years with his wife Julia Barber Oliverio, who unfortunately passed away in 2007; their marriage blessed them with four children: Joseph Oliverio, Michael Oliverio, Frank Oliverio and Mary Oliverio, as well as six grandchildren; and

            Whereas, Upon completing his educational career, he began a distinguished career as a counselor, statesmen, educator, and civic leader; and

            Whereas, Michael A. Oliverio, Sr. dedicated his life to the betterment of the global community. He served over twenty times as a keynote speaker and received over forty exceptional honors achievements, the most notable include: Keynote speaker to state rehabilitation associations belonging to West Virginia, Kentucky, and South Carolina, and at regional rehabilitation associations such as the Southwest Regional and Eastern Regional Associations; and

            Whereas, Michael A. Oliverio, Sr. has many achievements such as a scholarship called the Michael A. Oliverio Scholarship at West Virginia University for Rehabilitation/Counseling graduates for use in regional and national post graduate development; he was the Founder of the Ronald McDonald House in Morgantown, West Virginia, and the Chair of the Community Advisory Committee; he has been credited for bringing the Health South Rehabilitation Center to Morgantown, West Virginia; for founding the National Hall of Fame for Persons with Disabilities in Columbus, Ohio; for serving as County Clerk for Monongalia County, West Virginia; as well as participating in briefing Presidents Gerald Ford and Jimmy Carter; and

            Whereas, Michael A. Oliverio, Sr. chaired the Advisory Committee that was instrumental in building Goodwill Stores in locations at Morgantown, Fairmont, Bridgeport, Lewis County, Buchannon, and Elkins, West Virginia; and

            Whereas, Michael A. Oliverio, Sr. not only served the community locally, but internationally as well, making West Virginia and Calabria sister states and conducting the twinning process joining Clarksburg, West Virginia and San Giovanni in Fiori, Italy; he started an exchange program with students from the University of Calabria and Fairmont State University; and

            Whereas, Michael A. Oliverio, Sr., for all of his success and service, received recognition in 2008 as the West Virginia Italian American Man of the Year, and it is only fitting to honor Michael A. Oliverio, Sr. for his life-long service to our state and his community; and

            Whereas, The naming of an interchange honoring Michael A. Oliverio, Sr.’s extraordinary contributions and life is but a small gesture of gratitude and appreciation; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the interchange at Exit Ramp 31-79-150 in Morgantown, Monongalia County, West Virginia, the “Michael A. Oliverio, Sr. Interchange”; and, be it

            Further Resolved, That the Division of Highways is requested to have made, and be placed at entrances and exits to the interchange, signs containing bold and prominent letters proclaiming the interchange to be the “Michael A. Oliverio, Sr. Interchange”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the family of Michael A. Oliverio, Sr. and to the Commissioner of the Division of Highways.

            Delegates Skaff, Armstead, Guthrie, Hunt, Lane, McCuskey, E. Nelson, Poore, Raines, Walters and Wells offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 103 - “Requesting the Division of Highways to name bridge number 20-79-1.95 on Interstate 79 in Kanawha County, the ‘U.S. Army Staff Sergeant Kenneth Amick Memorial Bridge’.”

            Whereas, Staff Sergeant Amick was fired up with patriotism when he joined the United States Army Air Forces during his senior year at Stonewall Jackson High School; and

            Whereas, Two years after enlisting Staff Sergeant Amick went to England to fight in World War II; and

            Whereas, In 1943 Staff Sergeant Amick married Edith Sayre and wrote to his wife the entire time he was overseas, always careful never to reveal his location; and

            Whereas, Staff Sergeant Amick served as a flight engineer and tail gunner with the B-24 Liberators, 68th Squadron, the 44th Bombardment Group whose logo was the “Flying Eight Balls”; and

            Whereas, Staff Sergeant Amick returned home safely after the war and joined the National Guard; and

            Whereas, While Staff Sergeant Amick’s marriage ended in divorce, he and his wife had one son, Robert Amick;

            Whereas, Staff Sergeant Amick along with eighteen other National Guardsmen were killed when their C-47 slammed into a mountain at the Kanawha Airport on April 8, 1951; and

            Whereas, In 2001, Staff Sergeant Amick’s ex-wife Edith Amick Massie accidentally met Jean Lacey whose husband was to be on that fatal National Guard flight, but his schedule changed; and

            Whereas, Edith Amick Massie began talking with Jean Lacey, who was from England, about a trip she and her granddaughter Heather were going to take to England; and

            Whereas, After talking with Ms. Lacey, Ms. Massie retrieved Staff Sergeant Amick’s letters from England that were in a cedar chest and decided to visit the airfield where he had been stationed; and

            Whereas, During the May 2002 trip to England Ms. Massie had difficulty in finding the airfield that was located somewhere in the Shipdham countryside, so she stopped in a tavern and asked for directions; and

            Whereas, While at the tavern a retired Royal Air Force pilot showed Ms. Massie and her granddaughter Heather pictures of the 44th Bombardment Group taken from 1942 to 1945 that were still displayed on the tavern walls; and

            Whereas, When they reached the last of the photographs Ms. Massie could hardly believe her eyes upon seeing Staff Sergeant Amick’s picture and joyfully exclaimed, “Heather! Heather! There he is!”; and

            Whereas, The tavern owner gave them the photograph and also informed them about D.D. Dodd who operated a museum dedicated to the 44th Bombardment Group; and

            Whereas, After visiting the museum, Mr. Dodd took them on a grand tour of the airfield and the remaining hangar and Ms. Massie took photographs of the symbolic “Flying Eight Balls” logo that was still painted on the control tower; and

            Whereas, Staff Sergeant Amick’s granddaughter Heather returned home to Maryland with a substantial amount of information about her grandfather that she shared with her brothers, Cameron and Mark, and her father, Staff Sergeant Amick’s son, Robert Amick who had been only six when his father died; and

            Whereas, It is fitting to honor Staff Sergeant Kenneth Amick for his commitment, dedication and service to his country and his state; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 20-79-1.95 on Interstate 79 in Kanawha County, the "U.S. Army Staff Sergeant Kenneth Amick 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 “U.S. Army Staff Sergeant Kenneth Amick 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, his son, Robert Amick and Edith Amick Massie.

            Delegates Walters, Ambler, Anderson, Arvon, Ashley, Barill, Border, Canterbury, Cowles, Eldridge, Ellem, D. Evans, Ferns, Hamilton, Hamrick, Hunt, Iaquinta, Marcum, McCuskey, E. Nelson, Pasdon, Raines, Shott, R. Smith, Storch, Stowers and Sumner offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 104 - “Recognizing the many contributions made by citizens of the Republic of Azerbaijan and that it is in the best interest of the State of West Virginia to promote relationships with the Azerbaijani people.”

            Whereas, February 26, 2013, marks the twenty-first anniversary of the Khojaly Massacre in Azerbaijan and the observance of this somber date inspires reflection by individuals across the globe; and

            Whereas, On February 25 and February 26, 1992, Armenian armed forces, accompanied by Russian military troops, occupied the town of Khojaly as part of the bitter warfare that had been taking place in the Nagorno-Karabakh region since 1988; and

            Whereas, When a large group of Azerbaijani civilians attempted to evacuate the area, they were fired on by the Armenian and Russian soldiers, resulting in the largest massacre of that bloody conflict; estimates of the exact number of people killed vary from 160 to as many as 1,000, with many women and children among the dead; and

            Whereas, The massacre was reported by major news organizations and has been viewed by the Human Rights Watch as a violation of customary law regarding the treatment of civilians in war zones and numerous governments around the world have condemned the attack; and

            Whereas, This tragic event is a sobering reminder of the terrible carnage that can be inflicted in wartime and the enduring need for greater understanding, communication and tolerance among people the world over; and

            Whereas, The Republic of Azerbaijan and the United States of America are long-standing allies, both dearly cherishing the universal values of freedom, democracy and human rights; and

            Whereas, The State of West Virginia and the Republic of Azerbaijan enjoy a strong, vibrant and mutually beneficial economic relationship with the prospect of further growth; and

            Whereas, It is the custom of the State of West Virginia to welcome all who come to our state especially those who come in the interest of friendship and commerce; and

            Whereas, It is the policy of the West Virginia Legislature to recognize the contributions of our allies and the value of maintaining beneficial relationships with the allies of the State of West Virginia, such as the contributions made by the Republic of Azerbaijan and the value of our positive relationship with this ally; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature of West Virginia recognizes the many contributions made by the citizens of the Republic of Azerbaijan and that it is in the best interest of the State of West Virginia to promote relationships with Azerbaijan; and, be it

            Further Resolved, That upon its adoption, a copy of this resolution be sent to the United States Speaker of the House of Representatives, the President of the United States Senate, the Secretary of State of the United States Department of State, the West Virginia Congressional Delegation, and Richard L. Morningstar, the United States Ambassador to the Republic of Azerbaijan.

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 H. C. R. 7, The “County Sheriff Sgt. Michael Todd May Memorial Bridge”,

            Com. Sub. for H. C. R. 37, The “U.S. Army Sgt. Norman R. Cunningham Memorial Bridge”,

            H. C. R. 52, The “Richardson Brothers’ Memorial Highway, United States Army, World War II”,

            H. C. R. 67, The “J. Cecil Jarvis Memorial Bridge”,

            H. C. R. 75, The “USN S2C Jack Wade and USMC PFC Don Wade Memorial Bridge”,

            And,

            Com. Sub. for H. C. R. 81, The “Brigadier General Timothy C. Barrick Memorial Bridge”.

Third ReadingCom. Sub. for H. B. 2237, Requiring physicians and other licensed prescribers offer the drug Naloxone to their patients who are prescribed opiates for chronic pain; 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. 70), and there were--yeas 95, nays 4, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: D. Evans, Howell, Miller and Sobonya.

            Absent and Not Voting: Fragale.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2237) 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. 2583, Establishing a regulatory system for sexual assault forensic examinations; 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. 71), 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: Fragale.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2583) 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. 2590, Creating a public nonprofit corporation and governmental instrumentality to collectively address several environmental and economic development programs; 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. 72), 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: Fragale.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2590) 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. 2733, Relating to hearings before the Office of Administrative Hearings; 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. 73), 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: Fragale.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2733) passed.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

Second ReadingThe following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:

            H. B. 2158, Relating to the provision of financially-related services by banks and bank holding companies,

            Com. Sub. for H. B. 2395, Relating to senior services,

            Com. Sub. for H. B. 2453, Expanding the Amber Alert Plan,

            H. B. 2543, Specifying that the subsidy provided to volunteer fire departments to offset certain workers’ compensation premium increases apply to increases attributable to the fire fighting service,

            Com. Sub. for H. B. 2652, Authorizing the Department of Administration to promulgate legislative rules,

            Com. Sub. for H. B. 2717, Requiring that deputy sheriffs be issued ballistic vests upon law-enforcement certification,

            H. B. 2800, Relating to the Teachers’ Retirement System,

            Com. Sub. for H. B. 2802, Relating to the Emergency Medical Services Retirement System,

            Com. Sub. for H. B. 2809, Authorizing the Division of Corrections to implement a responsible parent program pilot project,

            H. B. 2818, Relating to the Teachers’ Defined Contribution Retirement System,

            H. B. 2822, Holding liable any participating public employer owing delinquent retirement contributions,

            Com. Sub. for H. B. 2945, Relating to the distribution of state funds to volunteer fire departments,

            H. B. 2992, Eliminating duplicative reporting requirements imposed on distributors of imported cigarettes,

            And,

            H. B. 3013, Authorizing the establishment of job creation work groups.

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 H. B. 2108, Making the offense of failure to wear safety belts a primary offense,

            Com. Sub. for H. B. 2519, Relating to reallocation and repatriation of certain funds to the General Revenue Fund,

            Com. Sub. for H. B. 2913, Specifying procedures for adjusting payments to correct for an erroneous distribution of moneys dedicated, distributed or directed to a state or local governmental subdivision,

            And,

            H. B. 3158, Relating to legislative oversight of education system performance and progress.

Leaves of Absence

            At the request of Delegate Boggs, and by unanimous consent, leave of absence for the day was granted Delegate Fragale.

            Delegate L. Philips noted to the Clerk that she was absent March 18 through March 22 when the votes were taken on Roll Nos. 30 through 66 and had she been present she would have voted “Yea” on Roll Nos. 30 through 42 and Roll Nos. 50 through 66. She also noted that she would have voted “Nay” on Roll Nos. 43 through 49.

            At 11:51 a.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, March 27, 2013.

 

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