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House Journal


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West Virginia Legislature

JOURNAL

of the

HOUSE OF DELEGATES

 

Eighty-First Legislature

Second Regular Session

 


 

Charleston, Wednesday, January 8, 2014


 

 

            This being the day fixed by Section 18, Article VI of the Constitution of the State of West Virginia for the annual assembly of the Legislature, the members of the House of Delegates met in their Chamber in the Capitol Building in the City of Charleston, and at 12 o’clock meridian were called to order for the Second Regular Session of the Eighty-first Legislature by the Speaker, the Honorable Timothy R. Miley.

            Prayer was offered and the House was led in recitation of the Pledge of Allegiance.

            The roll was then called (Roll No. 1), and 99 Delegates having answered to their names, the Speaker declared the presence of a quorum.

            On motion of Delegate White, the Speaker was authorized to appoint a committee of three to notify the Senate that the House of Delegates had assembled for the Second Regular Session of the 81st Legislature, as provided by Section 18, Article VI of the Constitution of the State, with a quorum present, and was ready to proceed to the business of the session.

            Whereupon,

            The Speaker appointed as members of such committee:

            Delegates Poore, Tomblin and Raines.

            On motion of Delegate White, the Speaker was authorized to appoint a committee of three to join with a similar committee of the Senate to inform His Excellency, the Governor, that the Legislature had assembled in Regular Session as provided by Section 18, Article VI of the Constitution of the State, with a quorum of each house present, was ready to enter into the business of the session and to convey to him that it would be pleased to receive any communication he may desire to present.

            Whereupon,

            The Speaker appointed as members of such committee the following:

            Delegates Campbell, Barker and Hamilton.

            At the request of Delegate White, and by unanimous consent, the applicable provisions of House Rule 136, relating to privileges of the floor, were suspended for the remainder of the day to permit families of members and invited guests the privileges of the floor for the activities of the day, and for the duration of the session for the student interns of the House Intern Programs.

Messages from the Senate

            A message from the Senate, by

            Senators Cann, D. Hall and Carmichael, announced that the Senate had assembled for the Second Regular Session of the 81st Legislature, with a quorum present, and was ready to proceed to the business of the session.

            Subsequently,

            Delegate Poore, from the Committee to notify the Senate that the House of Delegates had assembled and was ready to proceed to the business of the session, reported the performance of that duty.

            Delegate Campbell, from the Committee to inform His Excellency, the Governor, that the Legislature had assembled for the Second Regular Session of the 81st Legislature, reported that the Committee had completed its assigned task.

Resolutions Introduced

            Mr. Speaker, Mr. Miley, offered the following resolution, which was read by the Clerk as follows:

            H. C. R. 1 - “Extending an invitation to His Excellency, the Governor, to deliver an address to the Legislature and raising a Joint Assembly therefor.”

            Whereas, His Excellency, the Governor, has advised that he will be pleased to address a Joint Assembly of the Senate and House of Delegates at the convenience of the two houses; therefore, be it

            Resolved by the Legislature of West Virginia:

            That His Excellency, the Governor, be hereby invited to address a Joint Assembly of the Legislature at 7:00 o’clock postmeridian this day; and, be it

            Further Resolved, That the President of the Senate and the Speaker of the House of Delegates appoint three members of each of the respective houses of the Legislature as a committee to wait upon His Excellency, the Governor, and escort him into the Hall of the House of Delegates at the time herein appointed for hearing the address.

            At the respective requests of Delegate White, and by unanimous consent, reference of the resolution (H. C. R. 1) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.

            Whereupon,

            In accordance with the provisions of the resolution, the Speaker appointed as members of the committee to wait upon His Excellency, the Governor, the following:

            Delegates Campbell, Barker and Hamilton.

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

            Mr. Speaker, Mr. Miley, offered the following resolution, which was read by the Clerk as follows:

            H. R. 1 - “Authorizing the appointment of employees for this, the Second Regular Session of the Eighty-first Legislature, two thousand fourteen”.

            Resolved by the House of Delegates:

            That the Speaker of the House of Delegates be, and he is hereby, authorized to appoint employees to perform technical, clerical, stenographic, custodial and other services for this session of the Legislature to receive the per diems and salaries as herein provided, as follows:

            (1) For per diem employees, the following rates:

            Two Policy Analyst at $145.00-$150.00

            Eight stenographers at $65.00 - $80.00

            Eight clerks at $65.00 - $115.00

            Four legal assistants at $65.00 - $135.00

            Seven legislative assistants at $65.00 - $105.00

            Three messengers at $65.00 - $80.00

            Six attorneys at $165.00 - $360.00

            One Journal Room Supervisor at $130.00

            Three Journal Room Clerks at $65.00 - $82.00

            One Doorkeeper at $150.00

            Six assistant Doorkeepers at $65.00 - $83.00

            One Sergeant at Arms at $150.00

            Three assistant Sergeants at Arms at $65.00-$95.00

            Five administrative assistants at $65.00 - $153.00

            One legislative analyst at $83.00

            Two Pages at $65.00 - $85.00

            Four maintenance assistants at $65.00

            One office assistant at $70.00

            One Documents Clerk at $175.00

            One clerk assistant at $150.00

            (2) For salaried full-time employees, the following employees at the following rates, in addition to and exclusive of any experience increment or pay in lieu of an experience increment as may be payable under Section 2, Article 5, Chapter 5 of the Code of West Virginia of 1931, as amended:

            One Chief Clerk/Parliamentarian at seven thousand seven hundred fifty-seven dollars and sixty cents per month;

            One Assistant Clerk at four thousand four hundred eighty-three dollars and fifty-two cents per month;

            One Assistant Clerk at four thousand forty-one dollars and sixty-six cents per month;

            One Bill Status Clerk at three thousand fifty-nine dollars and fourteen cents per month;

            One Journal Clerk at two thousand six hundred twenty-six dollars and fifty cents per month;

            One Documents Clerk at two thousand four hundred sixteen dollars and sixty-seven cents per month;

            One Technical Assistant at two thousand four hundred sixteen dollars and sixty-eight cents per month;

            One Fiscal Officer at three thousand five hundred forty-one dollars and sixty-six cents per month;

            One Assistant Fiscal Officer at three thousand four hundred twenty-four dollars and thirty-two cents per month;

            One Purchasing Agent at three thousand three hundred eleven dollars and forty-two cents per month;

            One Mail Clerk at two thousand three hundred thirty-three dollars and thirty-three cents per month;

            One Communications Director to the House at six thousand ninety-one dollars and twelve cents per month;

            One Policy analyst to the Speaker at three thousand five hundred forty-one dollars and sixty-six cents per month;

            One Assistant to the Majority Whip Office at three thousand five hundred forty-one dollars and sixty-six cents per month;

            One Counsel/Chief of Staff to the Speaker at eight thousand one hundred sixty-six dollars and sixty-six cents per month;

            One Assistant to the Speaker at five thousand dollars per month;

            One Administrative Assistant to the Speaker at three thousand five hundred forty-one dollars and sixty-six cents per month;

            One policy analyst to the Majority Office at four thousand one hundred sixty-six dollars and sixty-eight cents per month;

            One Director of Supplies at three thousand three hundred thirty-four dollars per month;

            One Maintenance Staff at two thousand eight hundred fifty-nine dollars and forty-eight cents per month;

            One Maintenance Staff at one thousand nine hundred eighteen dollars and ninety-six cents per month;

            One Maintenance Staff at one thousand eight hundred thirty-three dollars and thirty-four cents per month;

            One Chief Counsel to the Committee on the Judiciary at seven thousand four hundred seventy-five dollars per month;

            One Staff Counsel to the Committee on the Judiciary at six thousand eight hundred thirty-three dollars and thirty-four cents per month;

            One Legislative Analyst to the Committee on the Judiciary at three thousand seven hundred twenty-five dollars and twenty-four cents per month;

            One Administrative Assistant to the Committee on the Judiciary at three thousand six hundred seventy-seven dollars and ten cents per month;

            One Chief Counsel to the Committee on Education at seven thousand three hundred sixteen dollars and eight cents per month;

            One Policy Analyst to the Committee on Education at six thousand eight hundred eleven dollars and thirty cents per month;

            One Legislative Assistant to the Committee on Education at three thousand two hundred thirty-nine dollars and four cents per month;

            One Legislative Analyst to the Committee on Education at two thousand eight hundred ninety-four dollars and seventy-six cents per month;

            One Chief Counsel to the Committee on Finance at seven thousand nine hundred seventeen dollars and fifty-six cents per month;

            One Staff Counsel to the Committee on Finance at five thousand two hundred fifty dollars per month;

            One Policy Analyst to the Committee on Finance at five thousand seven hundred sixty dollars and sixty-four cents per month;

            One Budget Analyst to the Committee on Finance at four thousand three hundred thirty-three dollars and thirty-three cents per month;

            One Budget Analyst to the Committee on Finance at three thousand one hundred sixty-six dollars and sixty-six cents per month;

            One Committee Clerk to the Committee on Finance at three thousand nine hundred dollars and forty-eight cents per month;

            One Administrative Assistant to the Committee on Finance at three thousand fifty-nine dollars and eighty-two cents per month;

            One Chief Counsel to the Committee on Government Organization at seven thousand six hundred twenty-five dollars and seventy cents per month;

            One Staff Counsel to the Committee on Government Organization at four thousand nine hundred sixteen dollars and sixty-six cents per month;

            One Legislative Analyst to the Committee on Government Organization at three thousand one hundred thirty-nine dollars and eighteen cents per month;

            One Chief Counsel to the Committee on Health and Human Resources at six thousand two hundred fifty dollars per month;

            One Legislative Analyst to the Committee on Health and Human Resources at three thousand three hundred eighty dollars and forty-four cents per month;

            One Administrative Assistant to the Committee on Health and Human Resources at two thousand six hundred sixty dollars and fifty-six cents per month;

            One Counsel to Minority Office at six thousand eight hundred thirty-two dollars and ninety-two cents per month;

            One Analyst to the Minor Committees at two thousand six hundred twenty-six dollars and fifty cents per month;

            One Analyst to the Minor Committees at two thousand five hundred dollars per month;

            One Legislative Assistant to the Minor Committees at two thousand nine hundred seventy-six dollars and seventy-two cents per month;

            One Executive Assistant to the Minority Leader at six thousand dollars per month;

            One Assistant to the Minority Leader at three thousand one hundred sixty-six dollars and sixty-six cents per month;

            The Speaker is authorized to appoint or assign additional or present employees and to determine the rate of compensation therefor as he may deem necessary to expedite the work of the House of Delegates; and be it

            Further Resolved, That, in accordance with Chapter 4, Article 2A of the code, the Clerk of the House is hereby authorized to draw his requisitions upon the Auditor for travel expenses and compensation of members of the House of Delegates; and, be it

            Further Resolved, That all appointments made under authority of the foregoing provisions of this resolution shall be certified to the Auditor and Treasurer by the Clerk of the House, and the Clerk of the House of Delegates is hereby authorized to draw his requisitions upon the Auditor in favor of the persons so appointed and the Auditor shall honor and pay such requisitions when presented and charge same to the “per diem of officers and employees” fund or “contingent” fund of the House of Delegates. The Clerk shall draw his requisitions in favor of employees for consecutive days or months from the date of their employment at the per diem or salary herein set out until such time as their services shall cease. The Speaker may remove any employee and appoint another in his or her place, and he shall require each of said employees to perform such duties as shall be assigned him or her, and he is hereby given authority to dispense with the services of any employee or employees for any such time or number of days as their services shall not be needed during the session, and they shall not be paid for such time, nor shall other persons be appointed into their places for any such time as they may be suspended when not needed; and, be it

            Further Resolved, That the Speaker is hereby authorized to assign employees to such positions and duties as he may deem proper to secure the most efficient and expeditious work during the Session of the Legislature; and be it

            Further Resolved, That no person appointed under authority of this resolution and receiving pay hereunder shall concurrently receive compensation from any other department or agency of state government and no person who availed himself or herself of early retirement under the provisions of Senate Bill 10, First Extraordinary Session, 1988, may be appointed under the provisions of this resolution. Notwithstanding designation of positions or duties herein prescribed, any employee may be assigned additional duties by the person by whom appointed, and may be assigned to such positions and duties, as may be deemed proper to serve the most efficient and expeditious work; and, be it

            Further Resolved, That following the session, the Speaker, with approval of the Committee on Rules, is authorized until superceded by subsequent House Resolution, to remove or appoint any employee of the House, and establish such duties and compensation as is deemed appropriate for each employee; and, be it

            Further Resolved, That any and all provisions of House Rule 9 in conflict with this resolution are hereby suspended.

            At the respective requests of Delegate White, and by unanimous consent, reference of the resolution (H. R. 1) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.

            Mr. Speaker, Mr. Miley, offered the following resolution, which was read by the Clerk as follows:

            H. R. 2 - “Establishing the Calendars of the House, providing for the arrangement of business thereon, and providing for making public the vote on certain questions in connection with the preparation thereof.”

            Resolved by the House of Delegates:

            That for this Second Regular Session of the Legislature, there shall be a Daily Calendar and a House Calendar, as provided by House Rule 70, which shall be prepared and maintained by the Clerk in accordance with the provisions set forth herein. Daily after the eighth order of business shall have been passed, the Daily Calendar shall be called, and until this calendar is disposed of each day, no item of business on the House Calendar shall be considered or take precedence over any item of business on the Daily Calendar, except by a two-thirds vote of the members present and voting.

            All bills, resolutions or other matters of business reported from Committee, and having no additional committee reference, shall automatically be placed by the Clerk on the Daily Calendar, and no bill, resolution or other matter of business shall be removed from the Daily Calendar and placed upon the House Calendar except by a majority vote of the Committee on Rules, a quorum being present. Once removed from the Daily Calendar, any resolution, bill or other matter of business may be again placed on the Daily Calendar only by a majority vote of the Committee on Rules, a quorum being present; and, be it

            Further Resolved, That the Committee on Rules shall cause to be kept a record of all roll call votes on all questions pertaining to preparation of the House Calendar. This record of votes shall show those voting in the affirmative or those voting in the negative, whichever shall be the smaller number, and those absent and not voting. These vote records shall be prepared and following the adjournment of each meeting made available to House members and to the public.

            Delegate White asked unanimous consent that reference of the resolution (H. R. 2) to a committee be dispensed with, which consent was not given, objection being heard.

            The Speaker then referred the resolution to the Committee on Rules.

            Mr. Speaker, Mr. Miley, offered the following resolution, which was read by the Clerk as follows:

            H. R. 3 - “Authorizing the Clerk to have printed and to distribute the Acts of the Legislature and Journals of the House of Delegates.”

            Resolved by the House of Delegates:

            That under authority of section thirteen, article one, chapter four of the Code of West Virginia, the Clerk of the House of Delegates is hereby authorized to have printed not to exceed 500 copies of the Acts of the 2014 Regular Session of the Legislature, bound in buckram, and to include therein the Acts of any extraordinary session which may not have been printed.

            The Clerk of the House shall provide copies of said Acts for distribution as provided by section six, article eight, chapter fifty-one of the code insofar as such distribution is practicable.

            The Clerk of the House of Delegates is also authorized to publish not to exceed 250 copies of the Journal of the House of Delegates for the Second Regular Session of the 81st Legislature and to include therein the unpublished Journals of any extraordinary sessions. In addition, there shall be printed twelve official copies of any Journal published, properly bound and designated. A copy of the Journal and five copies of said Acts shall be furnished to each member of the Legislature, upon request of each such member. The Clerk shall retain sufficient copies of the buckram bound Acts to supply legislative offices and the remaining copies shall be retained by the Clerk, for sale by his department.

            For the work required in indexing, printing and distributing said Acts and in the publication of said Journal of the House of Delegates and for completing other work of the session, the Speaker is hereby authorized to appoint such persons as he may deem necessary to perform technical, clerical, stenographic, custodial and other services required by the House of Delegates.

            The Speaker shall certify a list of persons entitled to compensation under authority of this resolution to the Clerk of the House of Delegates, and the Clerk shall draw his requisition in favor of such persons at per diems or at monthly salaries, which shall be paid from the Per Diem of Officers and Employees Fund or the Contingent Fund of the House of Delegates.

            At the respective requests of Delegate White, and by unanimous consent, reference of the resolution (H. R. 3) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.

            Mr. Speaker, Mr. Miley, offered the following resolution, which was read by the Clerk as follows:

            H. R. 4 - “Re-establishing and realigning the Standing Committees of the House.”

            Resolved by the House of Delegates:

            That House Rules 76 and 77 be amended to read as follows:

Rule 76

Standing Committees.

            76. At the commencement of each Legislature, the Speaker shall appoint the standing committees established by this rule. The Speaker shall refer bills introduced, resolutions offered, and messages, petitions, memorials and other matters presented to such committee as he shall deem appropriate to consider and report thereon.

            Standing committees are hereby created as follows:

             1. Committee on Agriculture and Natural Resources

              2. Committee on Banking and Insurance

              3. Committee on Constitutional Revision

              4. 3. Committee on Education

            4. Committee on Energy

              5. Committee on Finance

              6. Committee on Government Organization

              7. Committee on Health and Human Resources

              8. Committee on Energy, Industry and Labor, Economic Development and Small Business

              9. Committee on Interstate Cooperation

            10. Committee on the Judiciary

            11. Committee on Natural Resources

            12. 11. Committee on Pensions and Retirement

            13. 12. Committee on Political Subdivisions

            14. 13. Committee on Roads and Transportation

            15. 14. Committee on Rules

            16. 15. Committee on Senior Citizen Issues

            16. Committee on Small Business, Entrepreneurship and Economic Development

            17. Committee on Veterans Affairs and Homeland Security”

            And,

Rule 77:

Jurisdiction of Committees

            77. In general and without limitation, standing committees shall have functions and jurisdiction of subjects and other matters as follows:

            1. Committee on Agriculture and Natural Resources: (a) Agriculture generally, including agricultural production and marketing, animal industry and animal health, adulteration of seeds, commercial feeding stuffs and commercial fertilizer, processed foods, insect pests and pesticides, soil conservation, milk and milk products, meats and meat products, agricultural extension service, etomology and plant quarantine, poultry and poultry products, and human nutrition and home economics; (b) natural resources in general, including game and fish, forest and wildlife areas, parks and recreation, water resources and reclamation.

            2. Committee on Banking and Insurance: (a) Banks and banking, and financial institutions generally; (b) control and regulation of all types of insurance, including organization, qualification and licensing of insurers; and © securities and exchanges.

            3. Committee on Constitutional Revision: (a) Proposals to amend the Constitution of the United States or the Constitution of the State; and (b) legislation relating to constitutional conventions.

            4. 3. Committee on Education: (a) Education generally; (b) boards of education, and administration and control of schools; © textbooks and school curricula; (d) vocational education and rehabilitation; (e) qualifications, employment and tenure of teachers; (f) libraries; and (g) public schools and institutions of higher education.

            4. Committee on Energy: (a) Mining and extraction of coal and other fossil fuels; (b) extraction and distribution of natural gas; (c) energy production employment, safety, local land use and community impacts; and (d) alternative energy development and efficiency measures.

            5. Committee on Finance: (a) Tax and revenue measures increasing or decreasing the revenue or fiscal liability of the State; (b) collection of taxes and other revenue; © annual Budget Bills and supplementary appropriation bills; (d) proposals reducing public expenditures; (e) proposals relating to the principal and interest of the public debt; and (f) claims against the State.

            6. Committee on Government Organization: (a) Legislation and proposals dealing with the Executive Department of state government with respect to creation, duties and functions; consolidation and abolition; and transfer, imposition and elimination of functions and duties of departments, commissions, boards, offices and agencies; and (b) measures relating to the Legislative Department, other than apportionment of representation and redistricting for the election of members of the two houses.

            7. Committee on Health and Human Resources: (a) Public health and public welfare generally; (b) mental health; (c) public and private hospitals and similar institutions; (d) prevention and control of communicable and infectious diseases; (e) pure food and drugs; (f) poison and narcotics; (g) correctional and penal institutions; and (h) public assistance and relief.

            8. Committee on Energy, Industry and Labor, Economic Development and Small Business: (a) Energy matters generally; (ba) Employment and establishment of industry; (cb) labor standards; (dc) labor statistics; (ed) mediation and arbitration of labor disputes; (fe) wages and hours of labor; (gf) child labor; (hg) safety and welfare of employees; (ih) industry and labor generally; and (ji) infrastructure; (k) small business; (l) e-commerce; (m) e-government; (n) economic development; and (o) job creation.

            9. Committee on Interstate Cooperation: Constitute the House members of the West Virginia Commission on Interstate Cooperation as provided by Article 1B, Chapter 29 of the Code.

            10. Committee on the Judiciary: (a) Judicial proceedings, civil and criminal generally; (b) state and local courts and their officers; (c) crimes and their punishment; (d) corporations; (e) collection and enforcement of property taxes; (f) forfeited, delinquent, waste and unappropriated lands; (g) real property and estates therein; (h) domestic relations and family law; (I) revision and codification of the statutes of the State; (j) election laws; (k) proposals to amend the Constitution of the United States or the Constitution of the State; (l) legislation relating to constitutional conventions; and (k) (m) other matters of a nature not deemed properly referable to any other standing committee.

            11. Committee on Natural Resources: Natural resources in general, including game and fish, forest and wildlife areas, parks and recreation, water resources and reclamation.

            12. Committee on Pensions and Retirement: (a) Continuing study and investigation of retirement benefit plans of the State and political subdivisions thereof; (b) making recommendations with particular attention to financing of the various pension funds and financing of accrued liabilities; (c) considering all aspects of pension planning and operation; and (d) analyzing each item of proposed pension and retirement legislation with particular reference as to cost, actuarial soundness and adherence to sound pension policy.

            13. Committee on Political Subdivisions: (a) Counties, districts and municipalities generally; (b) division of the State into senatorial districts and apportionment of delegate representation in the House; and (c) division of the State into districts for the election of representatives to Congress.

            14. Committee on Roads and Transportation: (a) Highways, public roads, railways, canals and waterways, aeronautics, aircraft and airways; (b) motor vehicle administration and registration; (c) licensing of motor vehicle operators and chauffeurs; (d) traffic regulation and laws of the road; and (e) regulation of motor carriers of passengers and property for hire.

            15. Committee on Rules: (a) Rules, joint rules, order of business and parliamentary rules in general; (b) recesses and final adjournments of the House and the Legislature; (c) payment of money out of the contingent or other fund of the House or creating a charge upon the same; (d) employees of and services to the House, and purchase of furniture, supplies and office equipment; (e) election and qualification of members of the House and state officers, privileges of members and officers of the House, and witnesses attending the House or any committee thereof; (f) punishment of members of the House for disorderly conduct; and punishment of any person not a member for contempt, disrespectful behavior in the presence of the House, obstructing its proceedings, and for any assault, threat or abuse of a member of the House; (g) House printing; (h) House Library, statuary and pictures, acceptance or purchase of works of art for the Capitol, purchase of books and manuscripts for the House, erection of monuments to the memory of individuals; and (I) sale of food and administration and assignment of office space in the House wing of the Capitol.

            16. Committee on Senior Citizen Issues: Proposal, revision and recodification of statutory provisions relating to all senior citizen issues.

            17. Committee on Small Business, Entrepreneurship and Economic Development: (a) small business; (b) entrepreneurship; (c) e-commerce; (d) e-government; (e) economic development; (f) job creation; and (g) commerce generally.

            17 18. Committee on Veterans Affairs and Homeland Security: (a) Veterans’ measures; (b) education of veterans; (c) cemeteries of the State in which veterans of any war or conflict are or may be buried; (d) measures generally affecting the health and welfare of veterans; and (e) measures relating to detection, protection against, response to, and recovery from, terrorist attacks, internal or external.”

            At the request of Delegate White, and by unanimous consent, reference of the resolution (H. R. 4) to the Committee on Rules was dispensed with.

Bills Introduced

            On motions for leave, bills were introduced, read by their titles, and severally referred as follows:

By Delegates Manchin, Skinner, Lawrence, Barrett, Young, Marcum, Sponaugle, Barker and Ellem:

            H. B. 4001 - “A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §14-4-1, §14-4-2, §14-4-3, §14-4-4, §14-4-5, §14-4-6, §14-4-7, §14-4-8, §14-4-9, §14-4-10 and §14-4-11, all relating to creating the False Claims Act; prohibited acts; damages, costs and civil penalties; limitations on damages; responsibilities of the Attorney General; civil actions by private persons; rights of parties to qui tam proceedings; awards to qui tam plaintiffs; the barring of certain civil actions; state not liable for the expenses of private litigants; private action for retaliatory conduct; limitation of actions; retroactive application; state intervention in action by private person; estoppel; jurisdiction and venue; nonexclusivity of act; and liberality of construction”; to the Committee on the Judiciary.

By Delegates Perry, Lawrence, Marshall, Morgan, Barrett, Barill, Lynch, Fleischauer, Craig, Eldridge and Barker:

            H. B. 4002 - “A Bill to repeal §11-1C-5b of the Code of West Virginia, 1931, as amended; to repeal §18-9A-2a of said code; and to amend and reenact §18-9A-2 and §18-9A-11 of said code, all relating to the computation of local share for public school support purposes; repealing, retrospectively to June 30, 2013, provisions requiring the use of assumed assessed real property values that are based upon an assessment ratio study instead of actual real property values for the purpose of the computation of local share for public school support purposes; repealing, retrospectively to June 30, 2013, provisions that require that the annual amount of local share for which a county board of education is responsible be increased where, during the prior year, the real property assessments in that county were not at least fifty-four percent of market value as indicated by the assessment ratio study; revising definitions; and removing provisions requiring county school boards to provide funding for public libraries”; to the Committee on Education then Finance.

            By Delegates Walker, Perry, Paxton, M. Poling and Pethtel:

            H. B. 4003 - “A Bill to amend and reenact §18-8-2 of the Code of West Virginia, 1931, as amended, relating to granting dual jurisdiction to counties where a student who lives in one county and attends school in another in order to enforce truancy policies”; to the Committee on Education.

By Delegates L. Phillips, Rowan, Fleischauer, Border, Lawrence, Guthrie, P. Smith, Marshall and Poore:

            H. B. 4004 - “A Bill to amend and reenact §61-8D-3 of the Code of West Virginia, 1931, as amended, relating to criminal offenses for child abuse by a parent, guardian or custodian; creating a misdemeanor offense for child abuse by a parent, guardian or custodian which creates a substantial threat of bodily injury; establishing a misdemeanor penalty for a first offense and requiring those convicted to complete a parenting plan and parenting education class; increasing penalties for a second conviction; making a conviction for a third or subsequent offense a felony; establishing criminal penalties; and providing that a parent, guardian or custodian convicted of a misdemeanor is not required to register as a person convicted of child abuse or neglect”; to the Committee on the Judiciary then Finance.

By Delegates L. Phillips, Rowan, Fleischauer, Border, Lawrence, Guthrie, P. Smith, Marshall and Poore:

            H. B. 4005 - “A Bill to amend and reenact §61-8D-4 of the Code of West Virginia, 1931, as amended, relating to offenses for child neglect by a parent, guardian or custodian; making it a felony for a parent, guardian or custodian to grossly neglect a child which creates a substantial risk of bodily injury; creating a misdemeanor offense for child neglect by a parent, guardian or custodian which creates a substantial threat of bodily injury; establishing misdemeanor penalties for a first conviction and requiring those convicted to complete a parenting plan and parenting education class; increasing penalties for a second child neglect conviction; making third and subsequent offenses of child neglect a felony; establishing criminal penalties; and providing that a parent, guardian or custodian convicted of a misdemeanor is not required to register as a person convicted of child abuse or neglect”; to the Committee on the Judiciary then Finance.

By Delegates L. Phillips, Rowan, Fleischauer, Sobonya, Guthrie, Sumner, Lawrence, Miller, Poore, Border and Arvon:

            H. B. 4006 - “A Bill to amend and reenact §61-8C-3 of the Code of West Virginia, 1931, as amended, relating to crimes pertaining to the possession, transmission, transportation, distribution and exhibiting of material depicting minors in sexually explicit conduct; adding the accessing of such materials with intent to view as a defined offense; creating an enhanced felony offense and penalty for possessing, accessing with intent to view, transporting, receiving or distributing files or materials which contain more than five hundred images in digital, photographic or video format which depict minors engaging in sexually explicit conduct; providing enhanced criminal penalties when the offender was previously convicted of a sexual offense when the victim was a child; and establishing criminal penalties for second or subsequent violations”; to the Committee on the Judiciary then Finance.

            By Delegates Kump, Folk, Householder, Faircloth, Canterbury and Romine:

            H. B. 4007 - “A Bill to amend and reenact §16-13-23a of the Code of West Virginia, 1931, as amended; and to amend and reenact §16-13A-9 of said code, all relating to prohibiting any state entity from forcing currently owner-occupied residences to be required to participate in a public sewer or water system except under certain circumstances”; to the Committee on Political Subdivisions then Government Organization.

            By Delegate Fragale:

            H. B. 4008 - “A Bill to amend and reenact §11-5-4 of the Code of West Virginia, 1931, as amended, relating to permitting a business that owns motor vehicles to have the value of those vehicles assessed in the tax district where the business has its primary base of operations instead of where those vehicles may actually be located”; to the Committee on Roads and Transportation then Finance.

By Delegates Howell, Barill, Miller, Reynolds, Kinsey, Sponaugle, Eldridge, Hamilton, Stephens, Perry and Canterbury:

            H. B. 4009 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-4-5b, relating to permitting institutions of higher education to perform background checks on students living in school dormitories; permitting students to have background checks performed providing they pay for the checks; providing for confidentiality; permitting any information obtained be used for limited purposes; and requiring the information to be destroyed”; to the Committee on Education then Finance.

            By Delegates P. Smith, R. Phillips, Ellington, Ferro, Reynolds, Skinner and Storch:

            H. B. 4010 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §39A-4-1, §39A-4-2, §39A-4-3, §39A-4-4, §39A-4-5, §39A-4-6 and §39A-4-7, all relating to creating the Uniform Real Property Electronic Recording Act; providing short title; defining terms; clarifying validity of electronic documents and electronic signatures; providing for recording of electronic documents; requiring any county clerk implementing the provisions of the act to comply with established standards; authorizing county clerks to receive, index, store, archive and transmit electronic documents; authorizing county clerks to allow public access, search and retrieval of electronic documents; allowing county clerks to convert paper documents accepted for recording into electronic documents; authorizing county clerks to collect electronically any tax or fee relating to electronic recording of real property documents they are authorized by law to collect; authorizing county clerks to agree with other jurisdictions on procedures or processes necessary for electronic recording of documents; creating the Real Property Electronic Recording Standards Council to develop the standards necessary to electronically record real property documents; authorizing a legislative rule; providing for a report and recommendations to the Legislature; providing that members of the Real Property Electronic Recording Standards Council pay their own expenses; setting forth areas for consideration when adopting or changing standards; providing for uniformity of application and construction of the act; and providing that this act modifies, limits and supersedes certain parts of the federal Electronic Signatures in Global and National Commerce Act”; to the Committee on Political Subdivisions then the Judiciary.

            By Delegates P. Smith, R. Phillips, Ellington, Ferro, Reynolds, Skinner and Storch:

            H. B. 4011 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §36-12-1, §36-12-2, §36-12-3, §36-12-4, §36-12-5, §36-12-6, §36-12-7, §36-12-8, §36-12-9, §36-12-10, §36-12-11, §36-12-12, §36-12-13, §36-12-14, §36-12-15, §36-12-16 and §36-12-17, all relating to creating the Uniform Real Property Transfer on Death Act; authorizing the transfer of real property effective at the time of a transferor’s death; providing for applicability and nonexclusivity of this method of transferring real property; providing that a transfer on death deed is revocable and nontestamentary; establishing the capacity of transferor; setting forth requirements for a transfer of death deed; providing that transfer of death deed exempt from payment of excise tax on the privilege of transferring real estate; providing that notice, delivery, acceptance or consideration are not required; providing requirements for revocation of deed; setting forth the effect of transfer on death deed during a transferor’s life and effect of the deed at transferor’s death; providing a disclaimer; providing for liberal construction; providing for uniformity of application and construction; setting forth the article’s relation to the Electronic Signatures in Global and National Commerce Act; and defining terms”; to the Committee on the Judiciary.

            By Delegates P. Smith, R. Phillips, Ellington, Ferro, Reynolds, Skinner and Storch:

            H. B. 4012 - “A Bill to repeal §29-4-3, §29-4-4, §29-4-5, §29-4-6, §29-4-7, §29-4-8, §29-4-12, §29-4-13, §29-4-14, §29-4-15 and §29-4-16 of the Code of West Virginia, 1931, as amended; to repeal §29C-1-101, §29C-1-102, §29C-1-103, §29C-1-104, §29C-1-105, §29C-1-106, §29C-1-107, §29C-2-201, §29C-2-202, §29C-2-203, §29C-2-204, §29C-2-205, §29C-2-206, §29C-2-207, §29C-2-208, §29C-2-301, §29C-3-101, §29C-3-102, §29C-4-101, §29C-4-102, §29C-4-103, §29C-4-104, §29C-4-201, §29C-4-202, §29C-4-203, §29C-4-301, §29C-4-401, §29C-4-402, §29C-4-403, §29C-4-404, §29C-4-405, §29C-5-101, §29C-5-102, §29C-5-103, §29C-5-104, §29C-6-101, §29C-6-102, §29C-6-103, §29C-6-201, §29C-6-202, §29C-6-203, §29C-6-204, §29C-7-101, §29C-7-201, §29C-7-202, §29C-8-101 and §29C-9-101 of said code; to repeal §39-1A-1, §39-1A-2, §39-1A-3, §39-1A-4, §39-1A-5, §39-1A-6, §39-1A-7, §39-1A-8 and §39-1A-9, of said code; to amend and reenact §39-1-4 and §39-1-5 of said code; to amend said code by adding thereto a new article, designated §39-4-1, §39-4-2, §39-4-3, §39-4-4, §39-4-5, §39-4-6, §39-4-7, §39-4-8, §39-4-9, §39-4-10, §39-4-11, §39-4-12, §39-4-13, §39-4-14, §39-4-15, §39-4-16, §39-4-17, §39-4-18, §39-4-19, §39-4-20, §39-4-21, §39-4-22, §39-4-23, §39-4-24, §39-4-25, §39-4-26, §39-4-27, §39-4-28, §39-4-29, §39-4-30, §39-4-31, §39-4-32, §39-4-33, §39-4-34, §39-4-35, §39-4-36, §39-4-37 and §39-4-38; to amend and reenact §57-4-2 of said code; to amend and reenact §57-5-9 of said code; and to amend and reenact §59-1-2 of said code, all relating to the Revised Uniform Law on Notarial Acts; establishing the effective date of the article; establishing an operative date of enactment and the effect on existing law; establishing the authority to perform notarial acts; establishing requirements for certain notarial acts; requiring a personal appearance and the identification of an individual; authorizing the right to refuse to perform a notarial act; establishing instructions for obtaining a signature if an individual is unable to sign; setting forth who may perform a notarial act in this state; establishing notarial reciprocity with other states, any federally recognized Indian tribe, the federal government, and foreign states; requiring a certificate for a notarial act; authorizing short form certificates; requiring an official stamp and the maintenance and disposition of a stamping device; requiring notaries public to keep a journal of notarial acts; authorizing notaries public the option of selecting a technology for use in notarial acts on electronic records; establishing minimum qualifications and authorizing the commissioning of notaries public; requiring a bond; requiring notaries public pass an examination after a course of study offered by the Secretary of State; providing grounds to deny, refuse to renew, revoke, suspend, or condition commissions of notaries public; requiring Secretary of State to maintain a database of notaries public; prohibiting certain acts; authorizing the validity of notarial acts; authorizing the Secretary of State to promulgate rules; authorizing the continuation of a commission in effect on the effective date of the act; providing that any notarial act performed before the effective date of the act is not invalidated by the act; providing for the uniformity of the application and construction of the act; clarifying the relationship to the Electronic Signatures in Global and National Commerce Act; establishing maximum fees that may be charged by a notary public; commissioning notaries public for state and local government; establishing civil liability and criminal penalties; authorizing injunctive relief; authorizing the Secretary of State to investigate complaints; requiring the Secretary of State to maintain certain records; establishing an application fee; providing for the disposition of fees; repealing statutes regulating notaries public and commissioners including the Uniform Notary Act; repealing the Uniform Recognition of Acknowledgments Act; and removing obsolete references”; to the Committee on the Judiciary.

By Delegates R. Phillips, Tomblin, Marcum, White, Eldridge, Diserio, Iaquinta, Barker and Skaff:

            H. B. 4013 - “A Bill to amend and reenact §60A-4-409 of the Code of West Virginia, 1931, as amended, relating to increasing criminal penalties for the transportation of controlled substances into the state”; to the Committee on the Judiciary then Finance.

By Delegates R. Phillips, Tomblin, Marcum, Ferro, White, Eldridge, Diserio, Iaquinta, Barker and Skaff:

            H. B. 4014 - “A Bill to amend and reenact §22-15A-4 of the Code of West Virginia, 1931, as amended, relating to increasing criminal penalties for littering”; to the Committee on the Judiciary.

            Delegate Lane addressed the House, congratulating Speaker Miley and expressing the willingness of the Republican Party to cooperate with the Majority on issues to move the State of West Virginia forward.

            At 12:27 p.m., on motion of Delegate White, the House of Delegates recessed until 6:50 p.m., and reconvened at that time.

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Evening Session

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Messages from the Senate

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:

            H. C. R. 1, Extending an invitation to His Excellency, the Governor, to deliver an address to the Legislature and raising a Joint Assembly therefor.

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Joint Assembly

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            The Doorkeeper, the Honorable Thomas B. Hively, of the County of Kanawha, announced the Board of Public Works, who were escorted to the seats reserved for them.

            The Doorkeeper then announced the Justices of the Supreme Court of Appeals, who took the seats reserved for them.

            The Doorkeeper, then announced the Honorable Jeffrey V. Kessler, President, and the members of the Senate, who entered the Hall of the House of Delegates.

            The Speaker invited the President to be seated to his right and the other members to be seated in the places reserved for them in the Well of the House.

            The Speaker next recognized the Doorkeeper who presented the Committee of Escort, heretofore appointed to escort the Governor into the Hall of the House.

            Delegate Campbell then announced that His Excellency, the Governor, was present for the purpose of addressing the Joint Assembly.

            The Governor, accompanied by the Committee of Escort, then entered Hall of the House and approached the Clerk’s Desk, where he was presented to the Joint Assembly by the Speaker.

            The Speaker then presented the Honorable Earl Ray Tomblin who addressed the Joint Assembly as follows:

Address by the Governor

              The Governor. Mr. Speaker, Mr. President, Members of the Legislature, Members of the Board of Public Works, Justices of the Supreme Court of Appeals, Members of the State Board of Education, distinguished guests, and my fellow West Virginians.

              As many of you know, I was raised in the small town of Chapmanville in Logan County. I lived in a modest home with my mom, dad and brother. Everyone knew each other in our neighborhood. Kids played outside until their parents called them in for dinner and most backyards had a thriving garden. In our home, we didn’t always have what we wanted, but we always had what we needed, especially at the table because of our garden. We took care of that garden—prepping the soil, planting the seeds in perfect rows and making sure it received enough water.

              Three years ago when Joanne and I moved into the Governor’s Mansion, I was thrilled to learn it included a small garden. I knew I would be able to cultivate something good, lasting and meaningful for the visitors to the mansion.

              I’ve been a gardener all my life. In fact, my entire family took part in the tremendously hard—but richly rewarding process of canning. Every year our kitchen turned into what looked like a food factory as we canned our harvest. We stocked up on tomatoes, beans, and potatoes for the winter months, recognizing that there may be lean years—rainy days—down the road.

              I’ve learned a lot since I first walked into this capitol nearly 40 years ago as a delegate, then as senator. Since becoming your Governor, I’ve learned even more.

              Governing, like gardening, takes planning, patience and foresight.

              I’ve learned how incredibly important it is to be a good steward of the people’s money. And how important it is to say yes when you can, and being strong enough to say no when you can’t. That’s the key to fiscal responsibility.

My fellow West Virginians, make no mistake, the State of our State is strong.

              We pay our bills on time and we’ve invested in our future by continuing to work together as we face future challenges. We will not impose financial burdens on future generations. In fact, our reserve fund is one of the healthiest in the nation.

              We did not get here by accident—we got here with planning, patience and foresight.

              Our Rainy Day fund has a savings of over $920 million (Applause) and it has helped protect and improve the state’s credit rating for over 20 years.

              We have ensured timely and sound pension contributions. Liabilities in the Workers’ Compensation program were about $8 billion just nine years ago. By the end of this year, the State’s workers’ compensation unfunded liability is expected to be less than $500 million dollars. (Applause)

              We have not had a general tax increase since 1996.

              Unlike other states that had to drain their reserve funds during the recent recession, West Virginia did not have to borrow one dime. (Applause)

              Because of the work we have done during the past three years, and through the work we will continue to do together, we will cultivate a better future for all West Virginians. We will create positive opportunities for our seniors, our veterans, our students, our families, our businesses and our communities.

              We continue to experience positive change across the Mountain State and have set in motion many initiatives that will not fully bloom until long after my term has ended—but the hope of a fruitful harvest keeps us working hard each and every day.

              For example, in October, I led a 13-day investment mission to Europe with stops in Spain, France, Germany, Italy and Switzerland. As you know, jobs are my number one priority. I will go anywhere and meet with anyone to bring good paying jobs to West Virginia.

              During that trip my team met with a number of prospects—several have committed to investing in West Virginia. One of the highlights of this trip was my stop at Pietro Fiorentini in Italy.               During my visit, I met with Robert Moorhead of Bridgeport and Michael Powell of Parkersburg, both recent WVU engineering grads hired by the company to help run its West Virginia operations. They were in Italy as a part of their 4-month training program. These two young men are living examples of why we made our trip and why we make job opportunities our highest priority. Robert and Michael are two young West Virginians who have worked hard, earned degrees in engineering, and are now using their education to create good paying jobs here in the Mountain State.

              My thanks goes out to the Italian company for placing its trust in West Virginia and West Virginians like Robert and Michael who are with us here in the chamber this evening. Robert and Michael, you are our future. Gentleman, please stand so we may thank you for showing the world that West Virginians can compete. (Applause)

              West Virginia is a strong international competitor. Production from manufacturing sectors — plastics, machinery, chemicals, aerospace, medical products and automotive — grew substantially. Exports have increased from $9 billion in 2011 to over $11 billion last year and outpaced the national growth rate.

              From the first day of my administration, I’ve made it a priority to take advantage of the vast resources of the Marcellus and Utica Shale reserves. And we must be prepared for big opportunities when they arise.

              At my request, the Legislature enacted important new legislation to provide a stable and predictable regulatory framework for oil and gas producers. This important bi-partisan legislation is recognized as a model for horizontal drilling in the region. Our law led to new investments in drilling and infrastructure in West Virginia, spurring job growth and increasing the tax base for counties and schools.

              The resources of this state need to be used here and not piped somewhere else. (Applause)               Therefore, at my request, the Legislature passed a bill to encourage Marcellus-to-Manufacturing investments to foster the development of a revitalized high tech chemical industry, with enduring high-paying jobs.

              I’m pleased to announce our shared vision is paying off. We have created unprecedented opportunity for generations of West Virginians. Project ASCENT, the cracker, is a defining moment for economic development in the Mountain State. Odebrecht believes Wood County is the best location for the potential development of an ethane cracker and three polyethylene plants.

              Wood County provides a unique opportunity to construct a cracker that maximizes our abundant Marcellus and Utica Shale reserves. The construction phase of this project alone is expected to create approximately 10,000 jobs. This cracker is a game changer for us. (Applause)

              Other recent international achievements include the $20 million expansion of the Sogefi Group that will soon add 250 jobs to the product line at its Prichard, West Virginia plant.

              Serving new markets for coal, Carbonyx, a Texas-based company, will invest tens of millions of dollars in a new Jackson County plant. This new development will create 60 jobs in its first phase. The plant will make a carbon alloy replacement for coke, a key ingredient for steelmaking. And best of all, Carbonyx will use West Virginia coal in its manufacturing process. (Applause)

              To keep our coal industry alive and well—and I promise you we will—we must continue to seek out new markets and uses for it, while doing what we can to help the industry reduce costs, and be more productive, efficient, safe and environmentally friendly.

              While I will never back down from the EPA because of its misguided policies on coal, we should remind ourselves a challenge doesn’t always lead to confrontation. Last summer I sat across the table from EPA Administrator Gina McCarthy and shared our story. We have been hit hard. But with planning and perseverance I believe the obstacles can be overcome

              Gestamp, an automotive stamping plant in South Charleston continues to grow, having expanded several times since opening in 2012. Gestamp continues to prove that government can be an effective business partner and has announced its investment of $100 million and a minimum of 400 jobs in the next five years. (Applause)

              This year marks the 25th year since our Development Office established roots in Japan. And today, 20 Japanese companies continue to invest in West Virginia — including internationally recognized Toyota, Hino Motors, and NGK Spark Plugs. These companies have achieved success, in part, because of the strong work ethic, dedication, and productivity of our world class workforce.               This, combined with the development of the Marcellus Shale, and prospects for value added products, along with growth in small business, demonstrate we are moving forward.

              As we celebrate these new investments, there are other types of investments we often take for granted: investments in water and sewer infrastructure, schools, airports, rail, intermodal facilities, and broadband. Used by all of us, roads and bridges are one of the biggest investments and they come at a cost.

              This Legislature, in a bipartisan fashion, had the wisdom and foresight to enact two pieces of legislation last year that are already paying off for our State Road Fund. The continuation of Design-Build and Public-Private Partnerships is allowing the Division of Highways to be more innovative in the construction of our roads and bridges.

              While we have reason to celebrate the huge successes we have made in the areas of construction, manufacturing and energy development, we must never forget that West Virginia’s small businesses make up 96-percent of all employers in the state. They are the cornerstone of our growing economy. This is why we must continue taking steps to maintain our status as a business friendly state. We can attract more jobs and develop a broader tax base to meet our demands for goods and services—without raising taxes. We’ve planted the seeds for small business by phasing out the business franchise tax next year, cutting the corporate income tax and reducing workers compensation rates.

              West Virginia is attracting new and diversified jobs.

              Investors from across the Mountain State know how important it is to support small business and entrepreneurs. The Angel Investment Fund was recently established by investors, or “angels,” who have pooled their money to invest in private companies which demonstrate the potential for sustainable growth in sales, a suitable return to investors and jobs for West Virginians. Their support will provide an important source of capital for growing firms and will assist companies with the potential to do great things for the people of West Virginia.

              Last week we lost one of West Virginia’s most outstanding benefactors. Buck Harless gave to his community and to our state a blueprint for a life well lived. Buck knew it was the small community based businesses, and the young entrepreneurs—like himself—that could truly make the largest gains for our state and her people.

              I am encouraged by our small business owners putting their passion into new services and products. Rocky Brook Sinkers out of Morgantown is a great example. Dwight and Brook Pauley got the idea for their business on a fishing trip. The father and son were frustrated after fishing a trout stream that was known for snags. Their sinkers would snag….and the fish would swim away. A good outcome for the trout—but not for Dwight and Brook.

              Because of their love for fishing—and actually catching fish—the two worked to create a limestone fishing sinker that wouldn’t snag. Today, you can find RockyBrook Sinkers in your local fishing stores, and at Cabela’s, Dick’s Sporting Goods and WalMart.

              Dwight and Brook, please stand so we may recognize you and congratulate you on your tremendous success! (Applause)

              One of the most important keys to our growth and economic success is our educated workforce. We must have skilled workers to fill jobs. To reach this goal, education is the number one qualifier for the jobs of today and tomorrow.

              All plants in the garden must have healthy stems to survive and produce vibrant and healthy harvests. The stem is the main delivery system for any plant. Without the stem the plant dies and with it so does the hope for any chance of prosperity. And, so it is with STEM—an acronym: S-T-E-M—a word you are going to hear a lot about in the weeks and months ahead. STEM stands for: Science, Technology, Engineering and Math. Emphasis on STEM in education will prepare our children for tomorrow’s jobs. It will develop skilled workers and professionals for qualified employment.

              Nationwide there is a shortage of workers with backgrounds in science, technology, engineering and math. West Virginia is no different. We have listened to those employers who tell us that we must increase the number of STEM workers.

Many of these workers can be educated in our career and technical schools. To make it easier for students to pursue a technical education without having to shuttle between career centers and high schools, I included funding in the budget to locate math and English teachers in our career centers. I want to minimize obstacles for our students who pursue a career-technical education.

              In addition, I am reconstituting the STEM Commission. The Commission will be charged with promoting student interest in these subjects, to make the most of federal STEM initiatives and to expand math and science education beyond the classroom. (Applause) Our children will struggle to succeed without that solid stem—the foundation of a good education.

              Last year, I shared with you my goals for public education: all students will read on grade level by the third grade; all graduates will be college or career ready and; every student will be taught by a great teacher. Together, we have made progress in each of these areas.

              I want to thank the State Board and The Department of Education for their hard work this year to implement our education bill. The State Board has imposed a new requirement that all graduates intending to teach elementary school must first pass a comprehensive exam certifying they understand how to teach reading.

              Last year we provided funds to initiate the “Advanced Careers Program.” To date, five career and technical education sites are implementing these career courses. By 2016 all 32 sites in West Virginia will implement high-standard career technical programs. My proposed budget provides another $500,000 for the Advanced Careers Program. This program will help students pursuing a technical career receive the knowledge and skills they need to be successful. It also ensures employers will have the employees they need to do the high-level technical work necessary for so many of today’s jobs.

              I will ask the State Board to place special emphasis on initiating these needed programs in regions where companies are locating—like Wood County—where our cracker will be built. (Applause)

              For the first time in the history of our state, teachers and principals have a voice in who teaches with them in their schools. Our bill last year made this a reality. As we continue to hold schools and teachers more accountable for the performance of their students, it makes sense they have a say in who works on their team.

              We asked the state board to study and report on allowing our school systems to hire more teachers who might not have a traditional teaching background, especially for those in hard-to-fill positions. I have reviewed those recommendations and will be proposing legislation to make certain our students have a qualified teacher leading the class.

              I believe every student can learn. This has to be the expectation: Every student can learn.

              Tonight I ask the state board to implement an A through F grading system for our schools. This system has been a proven success in 16 other states, and it is a rating system we can all understand. This rating system will provide a better indicator of school wide achievement. I believe it will engage communities with their schools and encourage everyone to strive for excellence.

              College students across the Mountain State report problems with the flow of class credits between public institutions of higher learning. This increases their financial burden and delays the completion of their degrees. States across the nation have solved this dilemma. Tonight, I ask for your commitment in making our students successful by supporting legislation to solve this credit transfer issue. I also challenge our colleges and universities across the state to accomplish this goal.

I’m always proud to highlight the accomplishments of our teachers. They are the backbone of everything that makes our gardens grow more than any ray of sun or drop of rain.

              I am honored, once again, to introduce you to our 2014 Toyota Highmark Blue Cross Blue Shield Teacher of the Year. Erin Sponaugle from Martinsburg West Virginia told us she was a timid child, that she was a bookworm, an artist, and that while she loved the idea of becoming a teacher—she didn’t believe she had the potential.

              With encouragement from a supportive adult, along with her passion and love for learning and teaching, Erin is sharing her amazing talents with the students of Tomahawk Intermediate School. Erin reminded us in her words that: God doesn’t call the qualified…He qualifies the called.

              Please join me in honoring our Teacher of the Year, Erin Sponaugle. (Applause, members rising in ovation)

              Let me also take this opportunity to recognize two individuals who deserve our thanks for their continued investment in our teachers. With us tonight are Fred Earley, the President of Highmark Blue Cross and Blue Shield of West Virginia and Millie Marshall, who is the President of the Toyota Motor Manufacturing of West Virginia and the first female President in Toyota’s history. (Applause) Highmark and Toyota continue to invest in our great teachers—and we are thankful for their continued support.

              We should honor the work of Erin and the work done by all of our educators and public servants, not only by recognizing them, but by committing to help them prepare and educate our children—our future workforce.

              This is a year of tough financial choices for our state. Our budget is strained. However, we must invest in our future—sow the seeds for tomorrow—and invest in our children and those called to public service. Therefore, I commit to funding a 2-percent pay raise for all teachers and school service personnel who invest in our children every day. (Applause) I’m also asking for a modest pay increase for our state employees--who have been asked to do more with less. (Applause)

              We must be vigilant and emphasize that education also includes addressing the epidemic of drug abuse. Since I launched the Governor’s Advisory Council on Substance Abuse, thousands of individuals have collaborated to achieve common goals. Families across the state asked for increased availability of substance abuse services. I listened to your requests, and with the help of the Legislature, more assistance is available.

              New recovery coaches are available in north central West Virginia to help support those graduating substance abuse treatment programs. New detox stabilization units will begin operating in the Northern Panhandle, Greenbrier, and Logan Counties. And programs like the Healing Place in Huntington are expanding their services to reach out to more people needing help…like Josh Morrison.

              Josh grew up in Milton, West Virginia. He had an ideal childhood, loved to play sports and be with his friends. Unfortunately, Josh was diagnosed with a bone disease. He had four surgeries and became addicted to prescription painkillers. Josh’s story is like so many we hear from across the state: when his pain got too bad he took another pill, then another. Josh spiraled into drug addiction. He started stealing and he ended up in prison.

              Josh said in a letter, and I quote: “I was at the end of my rope and after a failed suicide attempt I found myself in jail serving a ten year sentence. I was 28 years old and I just wanted to die. My addiction had me and I had no way of beating it….then I was sent to the Healing Place of Huntington.”

              Today, Josh is four years clean. He manages two businesses and was recently married. Josh is a wonderful example of why we must never lose sight that every person—every life—is significant.

              Please join me in applauding Josh for his great success and his courage for having the strength to be here tonight. (Applause, members rising in ovation)

              Last Spring we began to improve public safety and reduce prison overcrowding by passing the Justice Reinvestment Act with bipartisan support. Since that time, my administration has rolled up its sleeves to begin implementing these reforms to build a foundation that will—over time – transform the landscape of our criminal justice system for the better. I am especially proud of our administration for developing innovative, collaborative solutions that will help former inmates recover from substance abuse, find a job, and be productive members of society.

              Although the work has just begun, and will continue for some time, we can already see the roots of progress taking hold and the sprouts of early success. Today, I am proud to tell you since June we have reduced overcrowding in our regional jails by more than 600 individuals. We have also reduced the overall number of corrections inmates – for the first time in 16 years – by almost 300 individuals. Now, through our Justice Reinvestment efforts, we are moving our inmates out of Regional Jails and into placements offering substance abuse and job training services. (Applause)

              As most of you know, the National Boy Scout Jamboree was a highlight of last summer here in West Virginia. We welcomed more than 40,000 scouts, troop leaders, and volunteers to Fayette County’s Bechtel Summit. They climbed mountains, tamed the New River, and experienced twelve unforgettable days of “wild and wonderful” adventure. (Applause) In addition to enjoying and learning about our great state, the scouts also performed service projects throughout southern West Virginia.

              Most important, we helped support the safety of 40,000 scouts during the Jamboree by following the Boy Scout Motto, “Be Prepared.” (Applause)

              Recognizing that the Jamboree could overburden local health and public safety resources, I issued an executive order declaring a State of Emergency. This was the only tool available by statute to ensure adequate health and safety support for this event. It wasn’t a State of Emergency—it was actually a State of Preparedness.

              This “State of Preparedness” concept can be applied to future jamborees, winter storms, and any other predictable natural disaster. That is why I will be introducing a bill authorizing the mobilization of medical services, law enforcement, and equipment in preparation for emergencies. Like the Boy Scouts, West Virginia should always “Be Prepared.” (Applause)

              I’m proud of all the men and women who served during those weeks in Fayette County and I’m also proud of those who served as volunteer leaders to the thousands of Boys Scouts with us this summer including Troy Householder of Bridgeport.

              Troy is just one of the hundreds of adult volunteers in West Virginia who teach the building blocks of character and life skills to our young scouts. Troy is with us tonight along with his wife Louisa, son Corbin—an Eagle Scout, his son Carter—a Life Scout and his daughter Jena a member of the Venture Crew.

              Thank you, to the Householder family for your commitment to our scouting families and improving the lives of so many across the Mountain State. (Applause, members rising in ovation)

              In April of 2013, I issued an executive order creating the Governor’s Commission on Military Spousal Licensure to examine ways to ease the burdens faced by military spouses in obtaining a professional license when moving to West Virginia.

              Based on the hard work and recommendations of the Commission, chaired by First Lady Joanne Jaeger Tomblin and Ms. Amy Hoyer, the wife of our Adjutant General James Hoyer, I will be proposing legislation providing temporary licensure options for military spouses. Spouses can begin working in West Virginia within a month of applying for a license, while going through the normal process to obtain a permanent license.

              Joanne and Amy will you please stand and be recognized on behalf of all of our men and women in uniform—and their spouses and families. (Applause)

              West Virginia must also be prepared to take care of our beloved veterans—those who gave when the country called. The Department of Veterans Assistance is helping veterans further their education through our higher education system.

              In conjunction with the Hershel “Woody” Williams Medal of Honor Foundation, the Department unveiled the first ever Gold Star Families Memorial Monument. (Applause, members rising in ovation) This monument located at the Donel C. Kinnard Memorial State Veterans Cemetery honors the family members of those who have lost a loved one in combat.

              In tough economic times we hear the word “homeless” so often that sometimes we forget it can also describe veterans who have risked their lives but struggle to find a livelihood. Our West Virginia Veterans Home is working with the VA Medical Center’s Homeless Veterans Resource Center to provide immediate shelter to homeless veterans.

              Homelessness also includes hard-working families who can’t make ends meet. It includes people with disabilities and children without support. Homelessness is devastating. We cannot turn our backs on our fellow West Virginians in need. I have revived the Interagency Council on Homelessness to bring together leaders who will work within the community to end homelessness in West Virginia.

              Although my remarks tonight have focused mainly on younger West Virginian’s, it is our seniors who have paved the way for our prosperity. Our seniors have collective wisdom—they’ve seen more, done more, and learned more. With 10,000 individuals reaching age 65 each day in the U.S., the need for qualified, registered in-home care workers is increasing exponentially.

              Until now, families have not had a good way to identify and research the backgrounds of providers. My administration’s In-Home Care registry will provide a starting point for families beginning their search for a provider. It will help families sort through important information—listing only providers who have passed a background check. It will include the provider’s level of training and experience. This registry will help give West Virginians the peace of mind they deserve, when searching for a provider to entrust with the care of their loved ones. (Applause)

              As we continue to plan we know it is more important than ever to eliminate government waste. That’s why I will be proposing legislation reforming our purchasing laws to ensure that every dollar of state money is spent with the proper oversight to achieve the best value.

              Because of this commitment to a good, responsive and efficient government, I have identified a number of boards, commissions, and councils that no longer operate, but linger on the books creating ambiguity and clutter. I plan to dissolve many of these groups by executive order, and I will submit legislation to eliminate the rest of these obsolete boards. (Applause)

              As any good gardener knows it’s the hard work at the beginning of each season that ensures a great harvest. Marshall University football coach Doc Holliday…knows how to grow a good team. (Applause) With planning, patience and foresight, Coach Holliday transformed the Thundering Herd into Military Bowl champions. Let’s recognize and congratulate our home-grown coach and his team for the big win over Maryland. (Applause, members rising in ovation)


 

              I’m proud of our team—the one right here in this chamber.

              I’m proud of the work we have done—together.

              I’m proud of our planning, our patience, our foresight.

              I’m proud of the opportunities we now have for our children.

              Tonight, I want to speak directly to the next generation of West Virginians. Our state has never had the solid financial security you enjoy today or the opportunities you will have tomorrow and for decades to come. It’s now up to you. Stay in school, stay off drugs, apply yourself and find your passion. The jobs will be here for you. The present is bright. And the future is brighter.

              For those who have left the Mountain State—come home. Come home to take advantage of the growing opportunities we are creating for you. Come home. West Virginia’s garden is thriving and we will yield a great harvest for years to come.

              Thank you, God Bless you, God bless America and God bless the great State of West Virginia. (Applause)

* * * * * * *

            At the conclusion of the address, His Excellency, the Governor, accompanied by the Committee of Escort, retired from the Hall of the House of Delegates.

            The Doorkeeper escorted the invited guests from the Chamber.

            The members of the Senate retired to their Chamber, and the Speaker declared the Joint Assembly dissolved.

            The Speaker then called the House of Delegates to order and laid the following communication from His Excellency, the Governor, before the House:

State of West Virginia

OFFICE OF THE GOVERNOR

Charleston, WV

January 8, 2014

Executive Message No. 1

2014 Regular Session

The Honorable Timothy R. Miley, Speaker

West Virginia House of Delegates

Charleston, West Virginia 25305

Dear Mr. Speaker:

            I herewith submit, pursuant to the Constitution of the State of West Virginia, a budget and budget bill for the fiscal year beginning July 1, 2014.

                                                                                    With warmest regards,

                                                                                    Earl Ray Tomblin,

                                                                                        Governor.

            Whereupon,

            In compliance with Subdivision (4), Subsection B, Section 51, Article VI of the Constitution, the Speaker introduced the following bill, which was read by its title and referred to the Committee on Finance:

            By Mr. Speaker, Mr. Miley, and Delegate White

            [By Request of the Executive]:

            H. B. 4015 - “A Bill making appropriations of public money out of the Treasury in accordance with Section 51, Article VI of the Constitution.”

            Accompanying the Budget Bill was a document showing estimates of revenue, expenditures, etc., as required by Section 51, Article VI of the Constitution.

            At the request of Delegate White, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.

Committee Reports

            Mr. Speaker, Mr. Miley, from the Committee on Rules, submitted the following report, which was received:

            Your Committee on Rules has had under consideration:

            H. R. 2, Establishing the Calendars of the House, providing for the arrangement of business thereon, and providing for making public the vote on certain questions in connection with the preparation thereof,

            And reports the same back, without amendment, with the recommendation that it be adopted.

Leaves of Absence

            At the request of Delegate White, and by unanimous consent, leave of absence for the day was granted Delegate J. Nelson.

Miscellaneous Business

            Clerk’s Note: During the interim period following the constitutional adjournment of the last session and the convening of the Session on today, on the twenty-fifth day of November, 2013, Delegate Ferns (3rd District) changed his registration from the Democrat Party to the Republican Party.

            At 8:04 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, January 9, 2014.

 

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