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Eighty-first Legislature

Second Regular Session

Held at Charleston

Published by the Clerk of the House

 

West Virginia Legislature

JOURNAL

of the

House of Delegates

colorseal.jpg




__________*__________



 

Thursday, January 9, 2014

SECOND DAY

[Mr. Speaker, Mr. Miley, in the Chair]

 

 

            The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Timothy R. Miley, Speaker.

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

            The Clerk proceeded to read the Journal of Wednesday, January 8, 2014, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Messages from the Executive

            The Clerk read a letter from the Legislative Rule-Making Review Committee as follows:

West Virginia Legislature

Legislative Rule-Making Review Committee

The Honorable Gregory M. Gray

Clerk, House of Delegates

State Capitol

Charleston, WV 25305

Gentlemen:

            In accordance with the provisions of W.Va. Code, §29A-3-12, we have attached copies of the proposed legislative rules which have been submitted to and acted upon by the Legislative Rule-Making Review Committee, pursuant to the provisions of W.Va. Code, §29A-3-11, and which have not previously been submitted to the Legislature for study.

            Also, attached is a report listing the proposed legislative rules considered by the Committee, and setting forth the recommendations of the Committee with respect to the proposed legislative rules. This letter also serves as a statement that a separate bill authorizing the promulgation of each proposed legislative rule has been drafted by the staff of the Legislative Rule-Making Review Committee.

            In accordance with W.Va. Code, §29A-3-11, the draft bills are available for any member to introduce to the Legislature. The undersigned, as Co-Chairmen of the Legislative Rule-Making Review Committee, are requesting that, the Senate Chairman’s name be placed on the draft bills as the sponsor in the Senate, in the House of Delegates, the names of all House Committee members be placed on the draft bills as sponsors, except for those members who specifically request otherwise. Attached is a list of the House Committee members.

            Thank you for your cooperation.

                                                                                    Sincerely,

                                                                                    Herb Snyder,

                                                                                    Senate.

                                                                                    Meshea Poore,

                                                                                    House of Delegates.

            Whereupon,

            Mr. Speaker, Mr. Miley, presented the report of the Legislative Rule-Making Review Committee in accordance with section twelve, article three, chapter twenty-nine of the code, which was read by the Clerk, and the accompanying rules were referred as follows:

West Virginia Legislature

Legislative Rule-Making Review Committee

January 6, 2014

West Virginia Legislature 

State Capitol

Charleston, West Virginia

Ladies and Gentlemen:

            In accordance with the provisions of West Virginia Code, §29A-3-12, as chairmen of the Legislative Rule-Making Review Committee we submit this report of its activities. A bill, in the form approved by the Committee, authorizing each of the proposed legislative rules below as submitted or as modified has been drafted by the staff of the Legislative Rule-Making Review Committee pursuant to West Virginia Code §29A-3-11.

            The Committee submits the following proposed rules to the Legislature with the recommendation that the proposed rules be authorized for promulgation by the respective agencies as submitted:

Administration, WV Department of

State Owned Vehicles, 148CSR3 [H. B. 4016].

Agriculture, WV Department of

Inspection of Meat and Poultry, 61CSR16 [H. B. 4017].

Child Support Enforcement, Bureau for

Obtaining Support From Federal and State Tax Refunds, 97CSR3 [H. B. 4018].

Child Support Enforcement, Bureau for

Interstate Income Withholding, 97CSR4 [H. B. 4019].

Chiropractic Examiners, WV Board of

Fees Pertaining to the Practice of Chiropractic, 4CSR6 [H. B. 4020].

Dental Examiners, WV Board of

Rule for the West Virginia Board of Dental Examiners, 5CSR1 [H. B. 4021].

Dental Examiners, WV Board of

Continuing Education Requirements, 5CSR11 [H. B. 4022].

Dental Examiners, WV Board of

Administration of Anesthesia by Dentists, 5CSR12 [H. B. 4023].

Dental Examiners, WV Board of

Expanded duties of Dental Hygienists and Dental Assistants, 5CSR13 [H. B. 4024].

Dental Examiners, WV Board of

Formation and Approval of Professional Limited Liability Companies, 5CSR2 [H. B. 4025].

Dental Examiners, WV Board of

Formation and Approval of Dental Corporations; and Dental Practice Ownership, 5CSR6 [H. B. 4026].

Dental Examiners, WV Board of

Dental Advertising, 5CSR8 [H. B. 4027].

DEP - Air Quality

Standards of Performance for New Stationary Sources, 45CSR16 [H. B. 4028].

DEP - Air Quality

Control of Air Pollution from Combustion of Solid Waste, 45CSR18 [H. B. 4029].

DEP - Air Quality

Permits for Construction and Major Modification of Major Stationary Sources Which Cause or Contribute to Nonattainment Areas, 45CSR19 [H. B. 4030].

DEP - Air Quality

Control of Air Pollution from Hazardous Waste Treatment, Storage and Disposal Facilities, 45CSR25 [H. B. 4031].

DEP - Air Quality

Emission Standards for Hazardous Air Pollutants, 45CSR34 [H. B. 4032].

DEP - Air Quality

Ambient Air Quality Standards, 45CSR8 [H. B. 4033].

Highways, WV Division of

Transportation of Hazardous Wastes Upon the Roads and Highways, 157CSR7 [H. B. 4034].

Massage Therapy Licensure Board, WV

Schedule of Fees, 194CSR4 [H. B. 4035].

Miners’ Health, Safety and Training, WV Office of

Assessing Health and Safety Violation Penalties, 56CSR12 [H. B. 4036].

Miners’ Health, Safety and Training, WV Office of

Rules Governing the Program for the Sharing of Information Between Employees, 56CSR18 [H. B. 4037].

Natural Resources, WV Division of

Special Motorboating Rules, 58CSR27 [H. B. 4038].

Sanitarians, State Board of

Rules Governing the Practice of Public Health Sanitation, 20CSR4 [H. B. 4039].

Senior Services, WV Bureau of

In-Home Care Worker Registry, 76CSR2 [H. B. 4040].

Speech-Language Pathology and Audiology, WV Board of Examiners for

Code of Ethics, 29CSR5 [H. B. 4041].

Surveyors, WV Board of Professional

Examination and Licensing of Professional Surveyors in West Virginia, 23CSR1 [H. B. 4042].

Treasurer’s Office, WV State

Procedure for Deposit of Funds in the Treasurer’s Office By State Agencies, 112CSR1 [H. B. 4043].

Treasurer’s Office, WV State

Rules for the Reporting of Debt Capacity, 112CSR9 [H. B. 4044].

Veterinary Medicine, WV Board of

Certified Animal Euthanasia Technicians, 26CSR5 [H. B. 4045].

            The Committee submits the following proposed rules, which were modified by the agency in accordance with the provisions of West Virginia Code, §29A-3-14, and with the recommendation for promulgation by the respective agencies as modified:

            Administrative Hearings, Office of

Appeal Procedures, 105CSR1 [H. B. 4046].

Agriculture, WV Department of

Auctioneers, 61CSR11B [H. B. 4047].

Agriculture, WV Department of

Commercial Feed, 61CSR5 [H. B. 4048].

Agriculture, WV Department of

Schedule of Charges for Inspection Services: Fruit, 61CSR8B [H. B. 4049].

Alcohol Beverage Control Commission, WV

Private Club Licensing, 175CSR2 [H. B. 4050].

Alcohol Beverage Control Commission, WV

Farm Wineries, 175CSR3 [H. B. 4051].

Alcohol Beverage Control Commission, WV

Sale of Wine, 175CSR4 [H. B. 4052].

Alcohol Beverage Control Commission, WV

Nonintoxicating Beer Licensing and Operations Procedures, 176CSR1 [H. B. 4053].

Child Support Enforcement, Bureau for

The Bureau for Child Support Enforcement, 97CSR1 [H. B. 4054].

Child Support Enforcement, Bureau for

Support Enforcement Activities Undertaken by the Bureau for Child Support Enforcement, 97CSR6 [H. B. 4055].

Child Support Enforcement, Bureau for

Distribution of Support Payments, 97CSR7 [H. B. 4056].

Chiropractic Examiners, WV Board of

Regulation of Chiropractic Practice, 4CSR1 [H. B. 4057].

Consolidated Public Retirement Board

Public Employees Retirement System, 162CSR5 [H. B. 4058].

Dental Examiners, WV Board of

Practitioner Requirements for Accessing the West Virginia Controlled Substance Monitoring Program Database, 5CSR10 [H. B. 4059].

Dental Examiners, WV Board of

Mobile Dental Facilities and Portable Dental Units, 5CSR14 [H. B. 4060].

Dental Examiners, WV Board of

Fees established by the Board, 5CSR3 [H. B. 4061].

DEP - Air Quality

Permits for Construction and Major Modification of Major Stationary Sources for the Prevention of Significant Deterioration of Air Quality, 45CSR14 [H. B. 4062].

DEP - Secretary’s Office

Voluntary Remediation and Redevelopment, 60CSR3 [H. B. 4063].

DEP - Waste Management

Requirements Governing Water Quality Standards, 47CSR2 [H. B. 4064].

DEP - Waste Management

Regulations for State Certification of Activities Requiring Federal Licenses and Permits, 47CSR5A [H. B. 4065].

Election Commission, WV State

West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program, 146CSR5 [H. B. 4066].

Fire Commission, WV State

Fire Code, 87CSR1 [H. B. 4067].

Fire Commission, WV State

Certification of Home Inspectors, 87CSR5 [H. B. 4068].

Fire Marshal, WV State

Certification of Electrical Inspectors, 103CSR1 [H. B. 4069].

Governor’s Committee on Crime, Delinquency and Correction

Law Enforcement Training and Certification Standards, 149CSR2 [H. B. 4070].

Health and Human Resources, WV Department of

Medication Administration By Unlicensed Personnel, 64CSR60 [H. B. 4071].

Health and Human Resources, WV Department of

Child Care Centers Licensing, 78CSR1 [H. B. 4072].

Health Care Authority, WV

West Virginia Health Information Network Rule, 65CSR28 [H. B. 4073].

Health, WV Bureau for Public

Clinical Laboratory Technician and Technologist Licensure and Certification, 64CSR57 [H. B. 4074].

Health, WV Bureau for Public

AIDS-related Medical Testing and Confidentiality, 64CSR64 [H. B. 4075].

Health, WV Bureau for Public

Cancer Registry, 64CSR68 [H. B. 4076].

Health, WV Bureau for Public

Medical Examiner Rule for Postmortem Inquiries, 64CSR84 [H. B. 4077].

Infrastructure and Jobs Development Council, WV

Infrastructure and Jobs Development Council, 167CSR1 [H. B. 4078].

            Insurance Commission, WV

Utilization Review and Benefit Determination, 114CSR95 [H. B. 4079].

Insurance Commission, WV

Health Plan Issuer Internal Grievance Procedure, 114CSR96 [H. B. 4080].

Insurance Commission, WV

External Review of Adverse Health Insurance Determinations, 114CSR97 [H. B. 4081].

Labor, WV Division of

Employer Wage Bonds, 42CSR33 [H. B. 4082].

Labor, WV Division of

Wage Payment and Collection Act, 42CSR5 [H. B. 4083].

Licensed Practical Nurses, WV State Board of Examiners for

Policies Regulating Licensure of the Licensed Practical Nurse, 10CSR2 [H. B. 4084].

Licensed Practical Nurses, WV State Board of Examiners for

Fees for Services Rendered by the Board and Supplemental Renewal Fee for the Center for Nursing, 10CSR4 [H. B. 4085].

Licensed Practical Nurses, WV State Board of Examiners for

Continuing Competence, 10CSR6 [H. B. 4086].

Miners’ Health, Safety and Training, WV Office of

Rules Governing Substance Abuse Screening, Standards and Procedure, 56CSR19

                        [H. B. 4087].

Municipal Pensions Oversight Board

Policemen’s and Firemen’s Pensions Disability Calculation, 211CSR1 [H. B. 4088].

Natural Resources, WV Division of

Electronic Registration of Wildlife, 58CSR72 [H. B. 4089].

Pharmacy, WV Board of

Continuing Education for Licensure of Pharmacists, 15CSR3 [H. B. 4090].

Pharmacy, WV Board of

Controlled Substances Monitoring, 15CSR8 [H. B. 4091].

Racing Commission, WV

Thoroughbred Racing, 178CSR1 [H. B. 4092].

Real Estate Appraiser Licensing and Certification Board, WV

Requirements for Licensure and Certification, 190CSR2 [H. B. 4093].

Real Estate Appraiser Licensing and Certification Board, WV Renewal of Licensure or Certification, 190CSR3 [H. B. 4094].

Real Estate Commission, WV

Requirements in Licensing Real Estate Brokers, Associate Brokers and Salespersons and the Conduct of Brokerage Business, 174CSR1 [H. B. 4095].

Real Estate Commission, WV

Schedule of Fees, 174CSR2 [H. B. 4096].

Regional Jail and Correctional Facility Authority, WV

Criteria and Procedures for Determination of Projected Cost Per Day for Inmates Incarcerated in Regional Jails Operated by the Authority, 94CSR7 [H. B. 4097].

Rehabilitation Services, WV Division of

Ron Yost Personal Assistance Services Act Board, 198CSR1 [H. B. 4098].

Speech-Language Pathology and Audiology, WV Board of Licensure of Speech-Pathology and Audiology, 29CSR1 [H. B. 4099].

Speech-Language Pathology and Audiology, WV Board of Examiners for

Speech-Language Pathology and Audiology Assistants, 29CSR2 [H. B. 4100].

Speech-Language Pathology and Audiology, WV Board of Examiners for

Disciplinary and Complaint Procedures for Speech-Language Pathology and Audiology, 29CSR4 [H. B. 4101].

Tax Department, WV State

Municipal Sales and Service and Use Tax Administration, 110CSR28 [H. B. 4102].

Tax Department, WV State

Special Reclamation Tax Credit, 110CSR29 [H. B. 4103].

Tax Department, WV State

Withholding or Denial of Personal Income Tax Refunds From Taxpayers Who Owe Municipal or Magistrate Court Costs, 110CSR40 [H. B. 4104].

Treasurer’s Office, WV State

Reporting Debt, 112CSR10 [H. B. 4105].

Treasurer’s Office, WV State

Procedures for Fees in Collections By Charge, Credit or Debit Card or By Electronic Payment, 112CSR12 [H. B. 4106].

Treasurer’s Office, WV State

Providing Services to Political Subdivision, 112CSR13 [H. B. 4107].

Treasurer’s Office, WV State

Procedure for Deposit of Monies With the Office by State Agencies, 112CSR4 [H. B. 4108].

Treasurer’s Office, WV State

Selection of State Depositories for Disbursement Accounts Through Competetive Bidding, 112CSR6 [H. B. 4109].

Treasurer’s Office, WV State

Selection of State Depositories for Receipt Accounts, 112CSR7 [H. B. 4110].

Veterinary Medicine, WV Board of

Registration of Veterinary Technicians, 26CSR3 [H. B. 4111].

Veterinary Medicine, WV Board of

Schedule of Fees, 26CSR6 [H. B. 4112].

Resolutions Introduced

            Delegate White announced the reintroduction and reference to the various standing committees of the following House Joint Resolutions from the First Regular Session of the 81st Legislature:

            House Joint Resolutions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 32, 33, 34, 35 and 37.

            Delegates R. Phillips, Tomblin and Marcum offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 2 - “Requesting the Division of Highways to rename the Rossmore Beam Span bridge over Island Creek on State Route 44, near Monaville, Logan County, bridge number 23-44-13.14, in District 2, the ‘USMC CPL Larry G. Curnutte Memorial Bridge’.”

            Whereas, CPL Larry G. Curnutte was born on November 25, 1945 in Monaville, West Virginia; and

            Whereas, CPL Larry G. Curnutte enlisted in the Marine Corps in March, 1966; and

            Whereas, CPL Larry G. Curnutte was deployed to Vietnam in September, 1966, and was a member of Company D of the First Battalion of the Fourth Marine Regiment, Third Marine Division, Republic of South Vietnam; and

            Whereas, CPL Larry G. Curnutte was awarded the Purple Heart for injuries sustained in battle on March 1, 1967, as well as the National Defense Service Medal, the Vietnamese Service Medal, the Good Conduct Medal and the Rifle Sharpshooter Badge; and

            Whereas, CPL Larry G. Curnutte returned to service in Vietnam following his injuries sustained in battle and served honorably until his discharge from the Marine Corps; and

            Whereas, CPL Larry G. Curnutte was a loving son, brother, husband, father, grandfather, friend and a proud Marine, Vietnam Veteran, and Purple Heart recipient; and

            Whereas, It is fitting and proper, that CPL Larry G. Curnutte be remembered and acknowledged for his courageous action and service; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to rename the Rossmore Beam Span bridge over Island Creek on State Route 44, near Monaville, Logan County, bridge number 23-44-13.14, in District 2, the “USMC CPL Larry G. Curnutte Memorial Bridge”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “USMC CPL Larry G. Curnutte Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation and to the surviving family of CPL Larry G. Curnutte.

            Delegates R. Phillips, Marcum and Tomblin offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 3 - “Requesting that bridge number 23-10/20-0.23, located on County Route 110/20 in Logan, West Virginia, crossing a tributary of the Guyandotte River and locally known as the Logan High School Bridge, the ‘Army Captain Thomas McElwain Memorial Bridge’.”

            Whereas, Thomas McElwain was born at Logan, West Virginia November 25, 1940 and was raised primarily by his maternal grandparents; and

            Whereas, Thomas McElwain attended Logan High School for a year, but later obtained a high school equivalency diploma; and

            Whereas, Thomas McElwain enlisted in the United States Army in 1958, at the age of eighteen, and underwent basic training at Fort Jackson, South Carolina; and

            Whereas, Thomas McElwain later attended Drury College in Springfield, Mo. and the University of Maryland Far East Branch, obtaining two masters degrees; and

            Whereas, Thomas McElwain rose through the ranks as an enlisted soldier and became a commissioned officer, completing numerous training assignments, including airborne training and special forces training, and completing officer candidate school at Fort Benning, Georgia in 1963; and

            Whereas, Army Captain Thomas McElwain was commanding officer of Company C, 1st Battalion (Airborne), 503rd Infantry in Vietnam in 1967 and 1968; and

            Whereas, Army Captain Thomas McElwain was awarded the Silver Star for gallantry in action during a search and destroy mission November 11, 1967, near Dak To, Republic of Vietnam. When his company came under a heavy enemy mortar, rocket and small arms attack, Captain McElwain distinguished himself on several occasions during the seven-hour battle, exposing himself to enemy fire to drag a wounded man to safety and to carry out the requirements of his command, although wounded himself; and

            Whereas, In addition to the Silver Star, Army Captain Thomas McElwain was awarded the Bronze Star for Valor (three awards), Army Commendation Medal for Valor (two awards), Purple Heart, Vietnamese Cross of Gallantry with Silver Star, The Vietnamese Cross of Gallantry with Gold Star, the Good Conduct Medal, National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal, Air Medal, Combat Infantry Badge and the Senior Parachutist Badge; and

             Whereas, Army Captain Thomas McElwain died September 24, 2013; and

             Whereas, It is fitting that an enduring memorial be established in the community he considered home to commemorate this native son’s service to his country; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 23-10/20-0.23, located on County Route 110/20 in Logan, West Virginia, crossing a tributary of the Guyandotte River and locally known as the Logan High School Bridge, the “Army Captain Thomas McElwain Memorial Bridge”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the “Army Captain Thomas McElwain Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways; to James W. Mullins, P. O. Box 333, Mount Gay, WV 25637; and to family members of Army Captain Thomas McElwain.

            Delegates Tomblin, R. Phillips and Marcum offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 4 - “Requesting that bridge number 23-5-4.91 on Route 5 in Logan County, West Virginia, the ‘Army Corporal Eldred Jennings Hensley Memorial Bridge’.”

            Whereas, Corporal Hensley was born in 1930 in Logan County; and

            Whereas, Corporal Hensley enlisted in the United States Army on November 4, 1948; and

            Whereas, Corporal Hensley was a member of Task Force Smith, Charlie Company, which contained the first U.S. elements to engage the North Korean Army after arriving on the peninsula from Japan. On July 5, 1950 the force was in its position just north of Osan blocking the north-south road running from Suwon to Taejon. One platoon from Bravo Company occupied a hilltop just west of the road and the other two platoons established positions east of the road. Immediately to their east Charlie Company, including Corporal Hensley, set up defensive positions that covered Bravo Company’s flank and a railroad line running parallel to the road. This road was a major avenue of advance for the North Korean Army. The Task Force Smith occupied a mile-long line that included the shallow saddle formed by the two knolls held by the rifle companies. Where the road passed through this saddle and began to wind down to the valley floor, Task Force Smith made its initial stand. Despite the rain that morning the infantrymen detected a column of eight North Korean tanks moving south along the road from Suwon. The anti-tank weapons employed by the infantry were ineffective and soon more than thirty enemy tanks had passed through friendly lines, and were in the rear of the Task Force. By mid-day, North Korean infantry were overwhelming the last pockets of resistance taking many prisoners. That afternoon, in order to prevent its complete annihilation, the Task Force was ordered to withdraw to the south. The Task Force suffered its heaviest casualties during this withdrawal. The 1st Battalion of the 21st Infantry lost one hundred fifty-three men in the first twenty-four hours of fighting, including Corporal Hensley, by then a POW; and

            Whereas, Corporal Hensley made his way north by stages to Seoul and Pyongyang, and was then taken by train to Manpo on the south bank of the Yalu River in a mixed group of seven hundred fifty POWs and civilian internees. Exhaustion and malnutrition had begun to weaken the men and claim lives, and pneumonia became a constant menace. After several days at Manpo, the POWs were marched away to nearby villages to keep them from seeing Chinese troops marching into North Korea. They returned to Manpo in the last days of October 1950, and on October 3l began a long march to the so-called Apex Camps farther northeast. Companions recall that Corporal Hensley was mortally ill. On or about November 5, 1950, as the group was making its way over a mountain pass, Corporal Hensley fell along the wayside. Unable to continue, and possibly unconscious, he was reportedly shot by a North Korean guard as the group was forced to go on; and

            Whereas, The fate of Corporal Hensley, as well as many other soldiers, may have remained unknown had it not been for the actions Private First Class Wayne “Johnnie” Johnson who was captured by the North Korean Army in July 1950. During his time as a POW he clandestinely recorded the deaths of those around him. At the war’s end he smuggled his notes out in a toothpaste tube and was eventually awarded the Silver Star; and

            Whereas, It is fitting that an enduring memorial be established to commemorate this native son who gave the ultimate sacrifice for his state and his country; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 23-5-4.91 on Route 5 in Logan County, West Virginia, the “Army Corporal Eldred Jennings Hensley Memorial Bridge”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the “Army Corporal Eldred Jennings Hensley Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways, his sister, Goldie Boyd, his nephew, Donald L. Tomblin, and Wayne “Johnnie” Johnson.

            Delegates R. Phillips, Tomblin and Marcum offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 5 - “Requesting that bridge number 23-119/5-1.00, on Route 119/5, otherwise known as the Pine Creek Road, in Pine Creek, outside of Omar, Logan County, West Virginia, be named the ‘Sergeant Elzie Mundy, Jr. Bridge’.”

            Whereas, Sergeant Elzie Mundy was born on February 26, 1933, in Pine Creek, Omar, West Virginia, to Mr. Elzie Mundy and Mrs. Cinda Skeens Mundy; and

            Whereas, Sergeant Elzie Mundy, Jr. attended schools in Logan County throughout his public education; and

            Whereas, Sergeant Elzie Mundy, Jr. served in the United States Army during the Korean Conflict from the year 1953 through the year 1955; and

            Whereas, While in the United States Army, Sergeant Elzie Mundy, Jr. was in the 3rd Armored Division, 125th Tank Division, serving as a Tank Commander of a M-4 medium tank; and

            Whereas, Sergeant Elzie Mundy, Jr. served his country with honor and distinction, earning the respect and admiration of his comrades and officers; and

            Whereas, As a civilian, Sergeant Elzie Mundy, Jr. continued to serve his nation as a coalminer and was loved and highly respected by his community and all who knew him; and

            Whereas, While Sergeant Elzie Mundy, Jr. is no longer a resident of Logan County, West Virginia, the community continues to hold him close in thought and heart and in such high esteem that it desires to honor him with a namesake bridge; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 23-119/5-1.00 in the Community of Pine Creek in Logan County, West Virginia, the “Sergeant Elzie Mundy, Jr. Bridge”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the “Sergeant Elzie Mundy, Jr. Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways and to Sergeant Elzie Mundy, Jr.

            Delegate R. Phillips, Tomblin and Marcum offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 6 - “Requesting that bridge number 23-16-5.11 on West Virginia Route 16, Buffalo Creek Road at Amherstdale, Logan County, West Virginia, be named the ‘Marine LCpl Benny A Gilco Bridge’.”

            Whereas, LCpl Benny A Gilco was born October 10, 1948, at Amherstdale, West Virginia, the son of Addilee and Tom Leo Gilco; and had five brothers and one sister; and

            Whereas, LCpl Benny A. Gilco and his wife, Ella Bellamy Gilco, had two children and four grandchildren; and

            Whereas, Benny A. Gilco is a resident of Accoville, Logan County, West Virginia; and

            Whereas, LCpl Benny A Gilco enlisted in the United States Marine Corp July 17, 1968; and

            Whereas, LCpl Benny A Gilco served with distinction as a rifleman and radioman in combat operations against insurgent Viet Cong forces in the vicinity of Quang Tri Province in the Republic of Vietnam in 1968 and 1969; and

            Whereas, While operating approximately two miles north of Fire Support Base Russell in Quang Tri Province on May 25 and 26, 1969, LCpl Benny A. Gilco’s unit, Company B, First Battalion, Fourth Marines, Third Marine Division, came under heavy fire from a large and well-concealed North Vietnamese Army Force; and

            Whereas, During the fire fight which ensued, Lance Corporal Gilco boldly assumed a forward position to direct accurate suppressive fire at the enemy, and was instrumental in forcing the enemy force to break off contact; and

            Whereas, LCpl Benny A. Gilco particularly distinguished himself for meritorious service by displaying courage and composure under fire and by enhancing the operational effectiveness of his unit by initiative, superb professionalism and loyal devotion to duty; and

            Whereas, LCpl Benny A Gilco was awarded the Vietnam Cross of Gallantry with bronze, the Vietnam Campaign Medal with device, the Combat Action Ribbon, the National Defense Service Medal, the Navy Commendation Medal with Combat V, the Vietnam Service Medal with one star, the Combat Action Ribbon, and the Good Conduct Medal; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 23-16-5.11 on West Virginia Route 16, Buffalo Creek Road, Logan County, West Virginia, the “Marine LCpl Benny A. Gilco Bridge”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the “Marine LCpl Benny A. Gilco Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to Benny A. Gilco at P.O. Box 161, Accoville, West Virginia, and a certified copy to the Commissioner of the Division of Highways.

            Delegates R. Phillips, Tomblin and Marcum offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 7 - “Requesting the Division of Highways to name a section of County Route 16, known as the Buffalo Creek Road, running through the unincorporated community of Lorado, Logan County, West Virginia, from the Lorado highway marker on the eastern edge of the community to the Lorado highway marker on the western edge of the community, the ‘Kerry Albright Road’.”

            Whereas, On February 26, 1972, a coal slurry impoundment dam owned by the Pittston Coal Company burst during heavy rains and collapsed two other impoundment dams, sending 132 million gallons of black waste water and sludge rushing in a 20 feet wave through the narrow Buffalo Creek valley; and

            Whereas, In a matter of minutes, 125 people were dead, 1100 injured, and over 4000 left homeless; 502 houses and 44 mobile homes were destroyed, and 943 houses and mobile homes damaged; 1000 cars and trucks were destroyed and total property damage was estimated at $50 million; and

            Whereas, In the midst of this devastation, a nine month old baby lay face down in the black muck, with only a tiny leg protruding above the surface; and

            Whereas, Some thirty minutes before, the baby’s mother, Sylvia Albright, and older brother, Steven Albright, had been desperately running from the wall of waste water hurtling towards them when Sylvia tried to throw her baby to higher ground just as the flood waters overtook them; and

            Whereas, Sadly, Sylvia Albright and Steven Albright perished in the flood that day, and the baby was last seen floating in the swirling waters; and

            Whereas, As residents later combed the valley for survivors, the baby’s seemingly lifeless body was found buried in the muck with severe bruises and injuries that rendered him nearly unrecognizable; and

            Whereas, The baby gasped for air when the thick mud was cleared from his mouth, and his rescuers realized that the baby had miraculously survived the flood and his subsequent submersion in the muck for at least twenty to thirty minutes; and

            Whereas, As the baby clung to life, he was taken to the hospital where doctors treated his injuries, but held out little hope for his survival; and

            Whereas, With the loving care of his father, Robert Albright, who stayed at his side day and night, the baby defied all odds and miraculously recovered; and

            Whereas, That baby, Kerry Lee Albright, henceforth became known as the “Miracle Baby of the Buffalo Creek Flood”; and

            Whereas, Robert Albright was working in an area coal mine when the flood took the life of his wife and elder son and destroyed his home, but he never returned after that fateful day; and

            Whereas, Kerry’s survival gave Robert a purpose in life and helped him to cope with the devastating losses he had suffered, and Robert devoted himself to nurturing the fragile young life who had been spared from the flood; and

            Whereas, Robert Albright had black lung from twenty-five years underground in the mines, and he now took a disability retirement to assume the full-time role of single father and caregiver to his baby son - learning to cook, clean and sew, to bathe little Kerry and to rock him to sleep; and

            Whereas, Robert and Kerry lived several years in a trailer provided by the federal government to flood victims until Robert was able to rebuild on the site of their former home; and

            Whereas, As Kerry grew up, Robert was determined to provide a better life for his son and encouraged him to follow his dreams, often telling Kerry “you can do whatever you want to do and be whatever you want to be”; and

            Whereas, When Kerry showed an interest and talent for performing, Robert arranged for private dance and voice lessons for him; and

            Whereas, When Kerry graduated from high school, he attended Marshall University as a theater major, and then began a twenty year career in musical theater that has taken him around the world performing as a singer and dancer; and

            Whereas, In the years after he moved away, Kerry often returned home to visit his father who had nurtured him and encouraged him to pursue his dreams; and

            Whereas, When Robert Albright died in 2000 of lung cancer and black lung, Kerry’s final words to his devoted father were, “I love you”; and

            Whereas, Kerry currently resides in Brooklyn, New York, where he appreciates his life, and lives with a positive and upbeat presence about him that reflects his many years performing in musical theater; and

            Whereas, The January 2013 edition of Reader’s Digest featured an article about Kerry’s miraculous story of survival, and now millions of readers are learning about the “Miracle Baby of the Buffalo Creek Flood” for the first time; and

            Whereas, It is only fitting that a section of Buffalo Creek Road be named for Kerry Albright to celebrate the miracle of life that he represents, and that by honoring Kerry, we also honor his father, Robert Albright, who lovingly nurtured his “miracle baby” into the adult that Kerry has become; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is requested to name a section of County Route 16, known as the Buffalo Creek Road, running through the unincorporated community of Lorado, Logan County, West Virginia, from the Lorado highway marker on the eastern edge of the community to the Lorado highway marker on the western edge of the community, the “Kerry Albright Road”; and, be it

            Further Resolved, That the Division of Highways is requested to have made, and be placed, signs identifying the highway as the “Kerry Albright Road”; and, be it

            Further Resolved, That the Clerk of the House of Delegates is requested to forward a certified copy of this resolution to the Secretary of Transportation and to Kerry Albright.

            Delegates R. Phillips, Marcum and Tomblin offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 8 - “Requesting the Division of Highways to name the bridge crossing Pine Creek at Omar, Logan County, bridge number 23-119/5-0.23, the ‘Oral Gene Castle Bridge’.”

            Whereas, Oral Gene Castle was born on March 23, 1932, in Betsy Lane, Kentucky, the son of Charles Benny Castle and Gladys McCoy Castle; and

            Whereas, In 1935, Oral Gene moved with his family to Island Creek when he was three years old; and

            Whereas, Oral Gene joined the Army in 1952 and was honorably discharged with the rank of Corporal in 1954; and

            Whereas, In 1955 Oral Gene married Nadine Curry; and

            Whereas, Oral Gene and Nadine have three children, Tenna Castle Browning, Deidra Castle Summers and Oral Gene Castle, Jr.; and

            Whereas, Oral Gene and Nadine reside in Switzer and attend the Walnut Grove Free Will Baptist Church; and

            Whereas, It is only fitting that we name this bridge in Oral Gene’s name to acknowledge his many years of service to family, friends and community; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the bridge crossing Pine Creek at Omar, Logan County, bridge number 23-119/5-0.23, the “Oral Gene Castle Bridge”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “Oral Gene Castle Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation and to Oral Gene Castle.

            Delegates Perry and Staggers offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 9 - “Requesting that bridge number 45-64-142.92 on Interstate 64 in Summers County, West Virginia, the ‘Army S/SGT Raymond Lawrence Berry Memorial Bridge’.”

            Whereas, Staff Sergeant Berry was born in Fire Creek, Fayette County on July 31, 1924; and

            Whereas, Staff Sergeant Berry was the youngest child of eight that were born to Marion Lewis Berry and Ethel Ray Haley Berry; and

            Whereas, Like his three older brothers before him, Staff Sergeant Raymond Lawrence Berry enlisted in the United States Army on April 10, 1943 at the age of 19; and

            Whereas, Staff Sergeant Berry was sent to Germany to fight for our country where, beginning January 23, 1945, he flew at least eighteen missions as an engineer/top turret gunner with the 527th Squadron; and

            Whereas, On March 24, 1945 Staff Sergeant Berry was in a B-17 bomber along with eight of his fellow servicemen. The aircraft was hit by flak over the target which set the right wing on fire. The aircraft went into a spin before exploding. For a time he was listed as missing in action. However, later the family was informed that Staff Sergeant Berry was among the six that were killed in action on that date; and

            Whereas, After the war, Staff Sergeant Berry’s body was recovered and sent home to his family. He was finally laid to rest on September 24, 195O in the Harrah Cemetery on Backus Mountain in Fayette County just a few feet from his father who passed away in 1948; and

            Whereas, It is fitting that an enduring memorial be established to commemorate this native son who gave the ultimate sacrifice for his state and his country; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 45-64-142.92 on Interstate 64 in Summers County, West Virginia, the “Army S/SGT Raymond Lawrence Berry Memorial Bridge”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the “Army S/SGT Raymond Lawrence Berry Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways, and his great-niece, Robin Adkins Wheeler.

            Delegates Walker, Perry, Pino and Staggers offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 10 - “Requesting that bridge number 8-11-0.01 (BARS Number 08A118), crossing Elk River on W. Va. Route 11 at Clay, West Virginia, in Clay County, and locally known as the new Dundon Bridge, be named the ‘Veterans Memorial Bridge’.”

            Whereas, The Clay County Commission met November 12, 2008 with a quorum present and passed a resolution to have the Dundon Bridge renamed the “Veterans Memorial Bridge”; and

            Whereas, A large number of Clay County men and women have served in the nation’s armed forces; and

            Whereas, Several Clay County veterans have been wounded or lost their lives in military service; and

            Whereas, The citizens of Clay County wish to honor the memory of its many veterans with a fitting memorial; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 8-11-0.01 (BARS Number 08A118), crossing Elk River on W. Va. Route 11 at Clay, West Virginia, in Clay County, and locally known as the new Dundon Bridge, be named the “Veterans Memorial Bridge”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the “Veterans Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Clay County Commission, Clay, West Virginia, and a certified copy to the Commissioner of the Division of Highways.

            Delegates A. Evans and Sponaugle offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 11 - “Requesting that the bridge to be constructed on State Route 33 in Pendleton County, West Virginia, that has been designated as bridge number 36-33-5.93, to be named the ‘Pendleton County Union Veterans Memorial Bridge’.”

            Whereas, Many citizens of Pendleton County served in the Union Army during the Civil War; and

            Whereas, During those turbulent times Pendleton County’s allegiance was strongly divided with the northwest portion of the county predominately supported the Union and the southeastern portion of the county predominately supported the Confederacy; and

            Whereas, Those Pendleton County veterans who served and died on behalf of the Confederate Sates Army are also being recognized and commemorated in a separate resolution; and

            Whereas, It is fitting that an enduring memorial be established to acknowledge and commemorate the loyalty those Pendleton County veterans who served in the Union Army, many of whom died, demonstrated during those trying times; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the bridge to be constructed on State Route 33, Pendleton County, West Virginia, that has been designated bridge number 36-33-5.93, the “Pendleton County Union Veterans Memorial Bridge”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the “Pendleton County Union Veterans Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways and Gene McConnell, President of the Pendleton County Commission.

            Delegates Sponaugle and A. Evans offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 12 - “Requesting that the portion of U.S. Route 220 from the city limits sign of Franklin to Virginia border in Pendleton County, West Virginia, be named the ‘Pendleton County Confederate Veterans Memorial Highway’.”

            Whereas, Many citizens of Pendleton County served in the Army of Northern Virginia of the Confederate States Army during the Civil War; and

            Whereas, During the first half of the Civil War Pendleton County was part of Virginia and those who served, either by choice or conscription, saw their first loyalty being to their home state; and

            Whereas, During those turbulent times Pendleton County’s allegiance was strongly divided with the southeastern portion of the county predominately supported the Confederacy and the northwest portion of the county predominately supported the Union; and

            Whereas, Those Pendleton County veterans who served and died on behalf of the Union Army are also being recognized and commemorated in a separate resolution; and

            Whereas, It is fitting that an enduring memorial be established to acknowledge and commemorate the loyalty those Pendleton County veterans who served in the Confederate States Army, many of whom died, demonstrated during those trying times; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name that the portion of U.S. Route 220 from the city limits sign of Franklin to the Virginia border in Pendleton County, West Virginia the “Pendleton County Confederate Veterans Memorial Highway”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect a sign at the Franklin city limits heading south on U.S. Route 220 and another sign when entering Pendleton County from Virginia on U.S. Route 220 containing bold and prominent letters proclaiming the highway the “Pendleton County Confederate Veterans Memorial Highway”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways and Gene McConnell, President of the Pendleton County Commission.

            Delegates Perry, Pino and Staggers offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 13 - “Requesting that bridge number 10-16-2.38 on Route 16 in Fayette County, West Virginia, be named the ‘Thomas H. Stafford Memorial Bridge’.”

            Whereas, Mr. Stafford was born on January 14, 1945 in Mt. Hope to Harold and Juanita Stafford and passed away on November 16, 2009; and

            Whereas, Mr. Stafford graduated from Mt. Hope High School in 1962, attended Marshall University and Beckley College and lived in Fayetteville; and

            Whereas, Mr. Stafford was employed by People’s Life Insurance in 1967. After working as an underwriter, he was later named manager and opened People’s Security, the Stafford Agency, to serve the greater Beckley community. He won numerous awards for top small agency in the company over the course of ten years; and

            Whereas, In the mid-1990s, through mergers and acquisitions, Mr. Stafford remained with the company as Regional Director and Trainer for Monumental Life Insurance Company for three years. He then reopened the Beckley Stafford Agency where he continued to work until his retirement in June 2000. After retirement from Monumental Life, he became a real estate agent for Jim Lively Century 21 and served on the Board of Directors for Pioneer Community Bank until his death; and

            Whereas, Mr. Stafford was a member of the MacDonald-Warren Lodge Number 103, A.F. & A.M. Sewell Chapter No. 24, Royal Arch Masons, and 32nd Degree Mason Scottish Rite Bodies. He was a former member and president of both the Oak Hill Jaycees and Fayette County Board of Education. Mr. Stafford also attended the Fayetteville Baptist Church; and

            Whereas, Mr. Stafford was one of the original guides for Wildwater Unlimited, hired by Jon Dragan in 1972, and worked there until 1992. His last trip down the New River was assisting then Vice President Dan Quayle and his family on their rafting trip. He was a guide for Lady Bird Johnson’s trip down the river as well. Mr. Stafford rafted Cataract Canyon, Costa Rica, Green River and the Colorado River numerous times. He was also an avid antique car enthusiast, restoring and owning cars; and

            Whereas, It is fitting that an enduring memorial be established to commemorate a native son who significantly contributed to his community 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 10-16-2.38 on Route 16 in Fayette County, West Virginia, the “Thomas H. Stafford Memorial Bridge”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the “Thomas H. Stafford Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways, his widow, Deanna Stafford, his son, Shane Stafford, his brother, Ronald Stafford, his sisters, Nancy Guin and Ginny Keeney and his sister-in-law, Faye Stafford, widow of his brother Donald Stafford. 

            Delegate Walker offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 14 - “Requesting that bridge number 8-15-4.55 (BARS Number 08A032) crossing Dog Run on West Virginia Route 15, in Clay County, West Virginia, be named the ‘Army Specialist Fifth Class Elton Dale Workman Memorial Bridge’.”

            Whereas, Elton Dale Workman was born July 21, 1948, at Enoch, Clay County, West Virginia, the son of Levi Harrison Workman and Clara Workman; and

            Whereas, Elton Dale Workman was the brother of Albert, William and Max Workman; and

            Whereas, Elton Dale Workman and his wife, Phyllis, had three sons, named Elton B., Philip and William Workman; and

            Whereas, Elton Dale Workman attended Clay County High School; and

            Whereas, Elton Dale Workman served in the United States Army from January 14, 1969 to January 13, 1975, was trained as a helicopter repairman, and reached the rank of Specialist Fifth Class; and

            Whereas, Specialist Fifth Class Elton Dale Workman served in Vietnam from July 29, 1969 through July 28, 1970; and

            Whereas, Specialist Fifth Class Elton Dale Workman was awarded the National Defense Service Medal, Vietnam Service Medal with two Bronze Service Stars, Republic of Vietnam Campaign Medal, Army Commendation Medal with V Device and Expert Rifleman Badge; and

            Whereas, It is fitting that the service of Specialist Fifth Class Elton Dale Workman to his country be remembered by an enduring memorial; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 8-15-4.55 crossing Dog Run on West Virginia Route 15, in Clay County, West Virginia, be named the “Army Specialist Fifth Class Elton Dale Workman Memorial Bridge”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the “Specialist Fifth Class Elton Dale Workman Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the family of Specialist 5th Class Elton Dale Workman, and a certified copy to the Commissioner of the Division of Highways.

            On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:

            By Delegates Kump, Cooper, Folk, Householder, Faircloth, Rowan, Shott and Romine:

            H. J. R. 101 - “Proposing an amendment to the Constitution of the State of West Virginia, amending section one-b, article X thereof, relating to ensuring the homestead exemption may never be less than $20,000; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment”; to the Committee on the Judiciary then Finance.

Bills Introduced

            Delegate White then announced the reintroduction and references to the various standing committees of the following bills from the First Regular Session of the 81st Legislature:

            House Bills 2001, 2002, 2003, 2004, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2017, 2018, 2019, 2020, 2021, 2022, 2024, 2025, 2027, 2028, 2029, 2031, 2032, 2033, 3034, 2035, 2036, 2037, 2038, 2039, 2040, 2041, 2042, 2044, 2045, 2047, 2049, 2051, 2052, 2053, 2054, 2055, 2058, 2059, 2060, 2061, 2062, 2064, 2066, 2067, 2070, 2072, 2073, 2075, 2076, 2077, 2078, 2080, 2081, 2082, 2083, 2084, 2085, 2086, 2087, 2090, 2092, 2093, 2094, 2095, 2096, 2097, 2098, 2099, 2100, 2103, 2104, 2106, 2107, 2109, 2110, 2111, 2112, 2113, 2114, 2115, 2116, 2117, 2118, 2119, 2120, 2121, 2122, 2123, 2126, 2127, 2128, 2130, 2132, 2133, 2134, 2135, 2136, 2137, 2138, 2141, 2142, 2143, 2145, 2146, 2147, 2149, 2150, 2151, 2152, 2153, 2155, 2156, 2157, 2161, 2162, 2163, 2164, 2165, 2166, 2167, 2168, 2169, 2170, 2172, 2174, 2175, 2176, 2177, 2178, 2179, 2180, 2181, 2182, 2183, 2184, 2185, 2186, 2189, 2190, 2200, 2201, 2202, 2203, 2204, 2205, 2206, 2207, 2208, 2210, 2211, 2212, 2214, 2215, 2216, 2217, 2218, 2219, 2220, 2221, 2223, 2224, 2225, 2226, 2227, 2228, 2229, 2231, 2232, 2233, 2234, 2235, 2236, 2239, 2240, 2241, 2242, 2243, 2244, 2245, 2246, 2247, 2248, 2249, 2250, 2251, 2252, 2254, 2255, 2256, 2257, 2258, 2259, 2260, 2261, 2262, 2263, 2264, 2266, 2267, 2268, 2269, 2270, 2271, 2273, 2274, 2275, 2276, 2279, 2280, 2281, 2282, 2283, 2284, 2285, 2286, 2287, 2289, 2290, 2291, 2292, 2293, 2295, 2296, 2297, 2298, 2299, 2300, 2301, 2302, 2203, 2204, 2305, 2306, 2307, 2308, 2310, 2311, 2313, 2315, 2316, 2317, 2318, 2319, 2320, 2322, 2323, 2324, 2325, 2326, 2327, 2329, 2330, 2332, 2334, 2335, 2337, 2338, 2339, 2340, 2341, 2342, 2343, 2344, 2345, 2346, 2347, 2348, 2349, 2353, 2356, 2358, 2359, 2362, 2363, 2364, 2367, 2369, 2370, 2371, 2372, 2373, 2374, 2375, 2376, 2377, 2379, 2380, 2382, 2384, 2385, 2387, 2389, 2392, 2394, 2395, 2400, 2401, 2402, 2405, 2407, 2408, 2410, 2411, 2412, 2416, 2417, 2418, 2419, 2422, 2423, 2424, 2425, 2427, 2430, 2435, 2436, 2437, 2438, 2439, 2440, 2442, 2443, 2444, 2445, 2446, 2449, 2450, 2452, 2459, 2464, 2467, 2472, 2473, 2474, 2475, 2476, 2477, 2479, 2481, 2482, 2483, 2484, 2485, 2486, 2488, 2493, 2495, 2496, 2499, 2500, 2501, 2502, 2517, 2522, 2526, 2527, 2528, 2529, 2535, 2537, 2545, 2547, 2551, 2552, 2555, 2556, 2557, 2558, 2560, 2564, 2565, 2568, 2572, 2574, 2575, 2576, 2578, 2581, 2584, 2588, 2592, 2594, 2595, 2596, 2598, 2599, 2606, 2609, 2719, 2720, 2724, 2728, 2732, 2736, 2737, 2739, 2740, 2741, 2742, 2743, 2744, 2745, 2746, 2748, 2752, 2753, 2757, 2760, 2766, 2768, 2771, 2772, 2773, 2774, 2775, 2779, 2785, 2787, 2788, 2790, 2791, 2792, 2793, 2794, 2795, 2796, 2797, 2798, 2799, 2801, 2803, 2804, 2807, 2808, 2810, 2813, 2817, 2820, 2821, 2823, 2826, 2827, 2728, 2831, 2832, 2834, 2839, 2841, 2846, 2854, 2855, 2856, 2859, 2860, 2862, 2869, 2870, 2871, 2873, 2875, 2876, 2878, 2880, 2882, 2885, 2887, 2891, 2892, 2893, 2894, 2895, 2900, 2901, 2903, 2904, 2905, 2911, 2917, 2918, 2920, 2921, 2922, 2924, 2925, 2926, 2927, 2935, 2937, 2939, 2947, 2950, 2952, 2953, 2954, 2955, 2957, 2958, 2959, 2963, 2966, 2967, 2971, 2972, 2973, 2974, 2976, 2977, 2981, 2982, 2983, 2984, 2985, 2988, 2989, 2990, 2991, 2993, 2995, 2996, 2997, 2998, 2999, 3000, 3001, 3002, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3014, 3015, 3016, 3017, 3019, 3029, 3030, 3033, 3034, 3036, 3037, 3039, 3040, 3042, 3045, 3046, 3048, 3050, 3051, 3052, 3053, 3056, 3057, 3061, 3064, 3067, 3068, 3070, 3071, 3072, 3073, 3074, 3075, 3077, 3078, 3080, 3081, 3082, 3083, 3084, 3085, 3088, 3090, 3093, 3094, 3095, 3096, 3097, 3098, 3101, 3102, 3103, 3105, 3107, 3108, 3109, 3111, 3116, 3117, 3118, 3121, 3129, 3131, 3132, 3133, 3140, 3141, 3142, 3143, 3144, 3146, 3147, 3149, 3150, 3153, 3154, 3155, 3156 and 3164.

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

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4016 - “A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Administration to promulgate a legislative rule relating to state owned vehicles”; to the Committee on the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4017 - “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to the inspection of meat and poultry”; to the Committee on Agriculture and Natural Resources then the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4018 - “A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Bureau for Child Support Enforcement to promulgate a legislative rule relating to obtaining support from federal and state tax refunds”; to the Committee on the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4019 - “A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Bureau for Child Support Enforcement to promulgate a legislative rule relating to interstate income withholding”; to the Committee on the Judiciary.

            By Delegates Poore, Marcum, Eldridge and Fleischauer:

            H. B. 4020 - “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Chiropractic Examiners to promulgate a legislative rule relating to fees pertaining to the practice of chiropractic”; to the Committee on Government Organization then the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4021 - “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Dental Examiners to promulgate a legislative rule relating to the Board”; to the Committee on Government Organization then the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4022 - “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Dental Examiners to promulgate a legislative rule relating to continuing education requirements”; to the Committee on Government Organization then the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4023 - “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Dental Examiners to promulgate a legislative rule relating to administration of anesthesia by dentists”; to the Committee on Government Organization then the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4024 - “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Dental Examiners to promulgate a legislative rule relating to the expanded duties of dental hygienists and dental assistants”; to the Committee on Government Organization then the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4025 - “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Dental Examiners to promulgate a legislative rule relating to the formation and approval of professional limited liability companies”; to the Committee on Government Organization then the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4026 - “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Dental Examiners to promulgate a legislative rule relating to the formation and approval of dental corporations; and dental practice ownership”; to the Committee on Government Organization then the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4027 - “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Dental Examiners to promulgate a legislative rule relating to dental advertising”; to the Committee on Government Organization then the Judiciary.

            By Delegates Poore, Marcum, Eldridge and Fleischauer:

            H. B. 4028 - “A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to standards of performance for new stationary sources”; to the Committee on the Judiciary.

            By Delegates Poore, Marcum, Eldridge and Fleischauer:

            H. B. 4029 - “A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from the combustion of solid waste”; to the Committee on the Judiciary.

            By Delegates Poore, Marcum, Eldridge and Fleischauer:

            H. B. 4030 - “A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to permits for construction and major modification of major stationary sources which cause or contribute to nonattainment areas”; to the Committee on the Judiciary.

            By Delegates Poore, Marcum, Eldridge and Fleischauer:

            H. B. 4031 - “A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from hazardous waste treatment, storage and disposal facilities”; to the Committee on the Judiciary.

By Delegates Poore, Marcum, Eldridge and Fleischauer:

            H. B. 4032 - “A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to emission standards for hazardous air pollutants”; to the Committee on the Judiciary.

            By Delegates Poore, Marcum, Eldridge and Fleischauer:

            H. B. 4033 - “A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to ambient air quality standards”; to the Committee on the Judiciary.

            By Delegates Poore, Marcum, Eldridge and Fleischauer:

            H. B. 4034 - “A Bill to amend and reenact article 8, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commissioner of Highways to promulgate a legislative rule relating to the transportation of hazardous wastes upon the roads and highways”; to the Committee on Roads and Transportation then the Judiciary.

            By Delegates Poore, Marcum, Eldridge and Fleischauer:

            H. B. 4035 - “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Massage Therapy Licensure Board to promulgate a legislative rule relating to a schedule of fees”; to the Committee on the Government Organization then the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4036 - “A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Office of Miners’ Health, Safety and Training to promulgate a legislative rule relating to assessing health and safety violation penalties”; to the Committee on the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4037 - “A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Office of Miners’ Health, Safety and Training to promulgate a legislative rule relating to the program for the sharing of information between employees”; to the Committee on the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4038 - “A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Natural Resources to promulgate a legislative rule relating to special motorboating”; to the Committee on Agriculture and Natural Resources then the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4039 - “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Sanitarians to promulgate a legislative rule relating to the practice of public health sanitation”; to the Committee on the Health and Human Resources then the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4040 - “A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Bureau of Senior Services to promulgate a legislative rule relating to the In-home Care Worker Registry”; to the Committee on Finance then the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4041 - “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Examiners for Speech-Language Pathology and Audiology to promulgate a legislative rule relating to a code of ethics”; to the Committee on Government Organization then the Judiciary.

By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4042 - “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Professional Surveyors to promulgate a legislative rule relating to the examination and licensing of professional surveyors in West Virginia”; to the Committee on Government Organization then the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4043 - “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Treasurer’s Office to promulgate a legislative rule relating to the procedure for deposit of funds in the Treasurer’s Office by state agencies”; to the Committee on Finance then the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4044 - “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Treasurer’s Office to promulgate a legislative rule relating to reporting of debt capacity”; to the Committee on Finance then the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4045 - “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Veterinary Medicine to promulgate a legislative rule relating to certified animal euthanasia technicians”; to the Committee on Agriculture and Natural Resources then the Judiciary.

            By Delegates Poore, Marcum, Eldridge and Fleischauer:

            H. B. 4046 - “A Bill to amend and reenact article 8, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Office of Administrative Hearings to promulgate a legislative rule relating to appeal procedures”; to the Committee on Roads and Transportation then the Judiciary.

            By Delegates Poore, Marcum, Eldridge and Fleischauer:

            H. B. 4047 - “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to auctioneers”; to the Committee on Agriculture and Natural Resources then the Judiciary.

            By Delegates Poore, Marcum, Eldridge and Fleischauer:

            H. B. 4048 - “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to commercial feed”; to the Committee on Agriculture and Natural Resources then the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4049 - “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to a schedule of charges for inspection services: fruit”; to the Committee on Agriculture and Natural Resources then the Judiciary.

            By Delegates Poore, Marcum, Eldridge and Fleischauer:

            H. B. 4050 - “A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Alcohol Beverage Control Commission to promulgate a legislative rule relating to private club licensing”; to the Committee on the Judiciary.

            By Delegates Poore, Marcum, Eldridge and Fleischauer:

             H. B. 4051 - “A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Alcohol Beverage Control Commission to promulgate a legislative rule relating to farm wineries”; to the Committee on the Judiciary.

            By Delegates Poore, Marcum, Eldridge and Fleischauer:

             H. B. 4052 - “A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Alcohol Beverage Control Commission to promulgate a legislative rule relating to the sale of wine”; to the Committee on the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

             H. B. 4053 - “A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Alcohol Beverage Control Commission to promulgate a legislative rule relating to nonintoxicating beer licensing and operations procedures”; to the Committee on the Judiciary.

By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4054 - “A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Bureau for Child Support Enforcement to promulgate a legislative rule relating to the Bureau”; to the Committee on the Judiciary.

            By Delegates Poore, Marcum, Eldridge and Fleischauer:

             H. B. 4055 - “A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Bureau for Child Support Enforcement to promulgate a legislative rule relating to support enforcement activities undertaken by the Bureau”; to the Committee on the Judiciary.

By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4056 - “A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Bureau for Child Support Enforcement to promulgate a legislative rule relating to the distribution of support payments”; to the Committee on the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4057 - “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Chiropractic Examiners to promulgate a legislative rule relating to the regulation of chiropractic practice”; to the Committee on Government Organization then the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4058 - “A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Public Employees Retirement System”; to the Committee on Finance then the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4059 - “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Dental Examiners to promulgate a legislative rule relating to practitioner requirements for accessing the West Virginia controlled substances monitoring program database”; to the Committee on Government Organization then the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

             H. B. 4060 - “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Dental Examiners to promulgate a legislative rule relating to mobile dental facilities and portable dental units”; to the Committee on Government Organization then the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4061 - “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, authorizing the Board of Dental Examiners to promulgate a legislative rule relating to fees established by the Board”; to the Committee on Government Organization then the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4062 - “A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to permits for construction and major modification of major stationary sources for the prevention of significant deterioration of air quality”; to the Committee on the Judiciary.

            By Delegates Poore, Marcum, Eldridge and Fleischauer:

            H. B. 4063 - “A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to voluntary remediation and redevelopment”; to the Committee on Finance then the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

             H. B. 4064 - “A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to requirements governing water quality standards”; to the Committee on the Judiciary.

            By Delegates Poore, Marcum, Eldridge and Fleischauer:

            H. B. 4065 - “A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to state certification of activities requiring federal licenses and permits”; to the Committee on the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4066 - “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Election Commission to promulgate a legislative rule relating to the West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program”; to the Committee on Finance then the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4067 - “A Bill to amend and reenact article 6, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Fire Commission to promulgate a legislative rule relating to the State Fire Code”; to the Committee on Government Organization then the Judiciary.

            By Delegates Poore, Marcum, Eldridge and Fleischauer:

            H. B. 4068 - “A Bill to amend and reenact article 6, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Fire Commission to promulgate a legislative rule relating to certification of home inspectors”; to the Committee on Government Organization then the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4069 - “A Bill to amend and reenact article 6, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Fire Marshal to promulgate a legislative rule relating to certification of electrical inspectors”; to the Committee on Government Organization then the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4070 - “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Governor’s Committee on Crime, Delinquency and Correction to promulgate a legislative rule relating to law enforcement training and certification standards”; to the Committee on Government Organization then the Judiciary.

            By Delegates Poore, Marcum, Eldridge and Fleischauer:

            H. B. 4071 - “A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to medication administration by unlicensed personnel”; to the Committee on Health and Human Resources then the Judiciary.

            By Delegates Poore, Marcum, Eldridge and Fleischauer:

            H. B. 4072 - “A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to child care centers licensing”; to the Committee on Health and Human Resources then the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4073 - “A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Health Care Authority to promulgate a legislative rule relating to the West Virginia Health Information Network”; to the Committee on Health and Human Resources then the Judiciary.

            By Delegates Poore, Marcum, Eldridge and Fleischauer:

            H. B. 4074 - “A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to clinical laboratory technician and technologist licensure and certification”; to the Committee on Health and Human Resources then the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4075 - “A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to AIDs-related medical testing and confidentiality”; to the Committee on Health and Human Resources then the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4076 - “A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to the Cancer Registry”; to the Committee on Health and Human Resources then the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4077 - “A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to the Medical Examiner’s rule for postmortem inquiries”; to the Committee on Health and Human Resources then the Judiciary.

            By Delegates Poore, Marcum, Eldridge and Fleischauer:

            H. B. 4078 - “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Infrastructure and Jobs Development Council to promulgate a legislative rule relating to the Council”; to the Committee on the Judiciary.

            By Delegates Poore, Marcum, Eldridge and Fleischauer:

            H. B. 4079 - “A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to utilization review and benefit determination”; to the Committee on Banking and Insurance then the Judiciary.

            By Delegates Poore, Marcum, Eldridge and Fleischauer:

            H. B. 4080 - “A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to a health plan insurer internal grievance procedure”; to the Committee on Banking and Insurance then the Judiciary.

            By Delegates Poore, Marcum, Eldridge and Fleischauer:

            H. B. 4081 - “A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to external review of adverse health insurance determinations”; to the Committee on Banking and Insurance then the Judiciary.

            By Delegates Poore, Marcum, Eldridge and Fleischauer:

            H. B. 4082 - “A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Labor to promulgate a legislative rule relating to employer wage bonds”; to the Committee on Industry and Labor then the Judiciary.

            By Delegates Poore, Marcum, Eldridge and Fleischauer:

            H. B. 4083 - “A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Labor to promulgate a legislative rule relating to the Wage Payment and Collection Act”; to the Committee on Industry and Labor then the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4084 - “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Board of Examiners for Licensed Practical Nurses to promulgate a legislative rule relating to policies regulating licensure of the licensed practical nurse”; to the Committee on Government Organization then the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4085 - “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Board of Examiners for Licensed Practical Nurses to promulgate a legislative rule relating to fees for services rendered by the Board and supplemental renewal fee for the Center for Nursing”; to the Committee on Government Organization then the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4086 - “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Board of Examiners for Licensed Practical Nurses to promulgate a legislative rule relating to continuing competence”; to the Committee on Government Organization then the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4087 - “A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Office of Miners’ Health, Safety and Training to promulgate a legislative rule relating to substance abuse screening, standards and procedure”; to the Committee on the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4088 - “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Municipal Pensions Oversight Board to promulgate a legislative rule relating to policemen’s and firemen’s pensions disability calculation”; to the Committee on Finance then the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4089 - “A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Natural Resources to promulgate a legislative rule relating to the electronic registration of wildlife”; to the Committee on Agriculture and Natural Resources then the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4090 - “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Pharmacy to promulgate a legislative rule relating to continuing education for licensure of pharmacists”; to the Committee on Government Organization then the Judiciary.

            By Delegates Poore, Marcum, Eldridge and Fleischauer:

            H. B. 4091 - “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Pharmacy to promulgate a legislative rule relating to controlled substances monitoring”; to the Committee on Government Organization then the Judiciary.

            By Delegates Poore, Marcum, Eldridge and Fleischauer:

            H. B. 4092 - “A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Racing Commission to promulgate a legislative rule relating to thoroughbred racing”; to the Committee on Finance then the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4093 - “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Real Estate Appraiser Licensing and Certification Board to promulgate a legislative rule relating to requirements for licensure and certification”; to the Committee on Government Organization then the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4094 - “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Real Estate Appraiser Licensing and Certification Board to promulgate a legislative rule relating to renewal of licensure or certification”; to the Committee on Government Organization then the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4095 - “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Real Estate Commission to promulgate a legislative rule relating to requirements in licensing real estate brokers, associate brokers and salespersons and the conduct of a brokerage business”; to the Committee on Government Organization then the Judiciary.

            By Delegates Poore, Marcum, Eldridge and Fleischauer:

            H. B. 4096 - “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Real Estate Commission to promulgate a legislative rule relating to a schedule of fees”; to the Committee on Government Organization then the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4097 - “A Bill to amend and reenact article 6, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Regional Jail and Correctional Facility Authority to promulgate a legislative rule relating to criteria and procedures for determination of projected cost per day for inmates incarcerated in regional jails operated by the Authority”; to the Committee on Finance then the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4098 - “A Bill to amend and reenact article 4, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Rehabilitation Services to promulgate a legislative rule relating to the Ron Yost Personal Assistance Services Act Board”; to the Committee on Health and Human Resources then the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4099 - “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Examiners for Speech-Language Pathology and Audiology to promulgate a legislative rule relating to the licensure of speech-pathology and audiology”; to the Committee on Government Organization then the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4100 - “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Examiners for Speech-Language Pathology and Audiology to promulgate a legislative rule relating to speech-language pathology and audiology assistants”; to the Committee on Government Organization then the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4101 - “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Examiners for Speech-Language Pathology and Audiology to promulgate a legislative rule relating to disciplinary and complaint procedures for speech-language pathology and audiology”; to the Committee on Government Organization then the Judiciary.

            By Delegates Poore, Marcum, Eldridge and Fleischauer:

            H. B. 4102 - “A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Tax Department to promulgate a legislative rule relating to the municipal sales and service and use tax administration”; to the Committee on Finance then the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

             H. B. 4103 - “A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Tax Department to promulgate a legislative rule relating to the special reclamation tax credit”; to the Committee on Finance then the Judiciary.

            By Delegates Poore, Marcum, Eldridge and Fleischauer:

            H. B. 4104 - “A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Tax Department to promulgate a legislative rule relating to the withholding or denial of personal income tax refunds from taxpayers who owe municipal or magistrate court costs”; to the Committee on Finance then the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4105 - “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Treasurer’s Office to promulgate a legislative rule relating to reporting debt”; to the Committee on Finance then the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4106 - “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Treasurer’s Office to promulgate a legislative rule relating to procedures for fees in collections by charge, credit or debit card or by electronic payment”; to the Committee on Finance then the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4107 - “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Treasurer’s Office to promulgate a legislative rule relating to providing services to political subdivisions”; to the Committee on Finance then the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4108 - “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Treasurer’s Office to promulgate a legislative rule relating to the procedure for deposit of monies with the office by state agencies”; to the Committee on Finance then the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4109 - “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Treasurer’s Office to promulgate a legislative rule relating to the selection of state depositories for disbursement accounts through competitive bidding”; to the Committee on Finance then the Judiciary.

            By Delegates Poore, Marcum, Eldridge and Fleischauer:

            H. B. 4110 - “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Treasurer’s Office to promulgate a legislative rule relating to the selection of state depositories for receipt accounts”; to the Committee on Finance then the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4111 – “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Veterinary Medicine to promulgate a legislative rule relating to the registration of veterinary technicians”; to the Committee on Agriculture and Natural Resources then the Judiciary.

            By Delegates Poore, Marcum, Eldridge, Fleischauer and Frich:

            H. B. 4112 - “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Veterinary Medicine to promulgate a legislative rule relating to a schedule of fee”; to the Committee on Finance then the Judiciary.

***************

            By Delegate Staggers:

            H. B. 4113 - “A Bill to amend and reenact §48-9-101 of the Code of West Virginia, 1931, as amended, relating to preventing a person who is convicted of sexual assault from obtaining custody of a child born as a result of the sexual assault, and from having parental rights relating to the child”; to the Committee on the Judiciary.

            By Delegate Walker:

            H. B. 4114 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §48-9-105, relating to preventing a person who is convicted of sexual assault from obtaining custody of a child born as a result of the sexual assault”; to the Committee on the Judiciary.

            By Delegate Walker:

            H. B. 4115 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §48-9-105, relating to preventing a person who is convicted of child molestation from obtaining custody of a child”; to the Committee on the Judiciary.

            By Delegates Perry, Hartman and Azinger:

            H. B. 4116 - “A Bill to amend and reenact §31-17A-2 of the Code of West Virginia, 1931, as amended, relating to permitting certain owners of residential real estate a limited exemption from the licensing requirements of the West Virginia Safe Mortgage Licensing Act for self-financed home financing”; to the Committee on Banking and Insurance then the Judiciary.

            By Delegates Kump, Folk and Faircloth:

            H. B. 4117 - “A Bill to amend and reenact §5-10-2 and §5-10-17 of the Code of West Virginia, 1931, as amended, all relating to eliminating eligibility for participation in the Public Employees Retirement System for those newly elected or appointed as members of the State Legislature after the year 2016”; to the Committee on Pensions and Retirement then Finance.

            By Delegates Kump, Folk and Canterbury:

            H. B. 4118 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §1-2-1a, relating to the redistricting of the Senate into thirty four single senatorial districts beginning in 2018 based on the 2010 census”; to the Committee on Political Subdivisions then the Judiciary.

            By Delegates Kump, Cooper, Folk and Faircloth:

            H. B. 4119 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §4-2A-11, relating to reducing compensation of state legislators”; to the Committee on Government Organization then Finance.

            By Delegates Kump, Folk, Faircloth, Rowan, Canterbury, Romine and Frich:

            H. B. 4120 - “A Bill to amend and reenact §18-3-1 of the Code of West Virginia, 1931, as amended, relating to requiring the State Superintendent of Schools to be elected on a nonpartisan basis for four year terms”; to the Committee on Education then the Judiciary.

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

            H. B. 4121 - “A Bill to amend and reenact §24-1-3 of the Code of West Virginia, 1931, as amended, relating to requiring that the chairperson of the Public Service Commission be elected on a nonpartisan ballot, beginning in 2018”; to the Committee on Government Organization then the Judiciary.

            By Delegate Walker (By Request):

            H. B. 4122 - “A Bill to amend and reenact §48-9-209 of the Code of West Virginia, 1931, as amended, relating to permitting a court to take into consideration a parent’s drug or alcohol abuse to impose limits that are reasonably calculated to protect a child or child’s parent from harm when implementing a parenting plan”; to the Committee on Health and Human Resources then the Judiciary.

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

            H. B. 4123 - “A Bill to repeal §3-5-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §3-6-13, all relating to electing members of county school boards on a nonpartisan basis in general elections only; and providing that members elected in primary elections shall continue on the boards until any new members take office”; to the Committee on Political Subdivisions then the Judiciary.

House Calendar

Unfinished Business

            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; coming up in regular order, as unfinished business, was reported by the Clerk.

            Delegates Armstead and Lane moved to amend the resolution on page one, after line nine, by striking out the remainder of the resolution and inserting in lieu thereof the following:

            “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 majority 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 members present and voting. 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 members present and voting.”

            On the adoption of the amendment, the yeas and nays were demanded, which demand was sustained.

            The yeas and nays having been ordered, they were taken (Roll No. 2), and there were--yeas 46, nays 53, absent and not voting 1, with the yeas and absent and not voting being as follows:

            Yeas: Ambler, Anderson, Andes, Armstead, Arvon, Ashley, Azinger, Border, Butler, Cadle, Canterbury, Cooper, Cowles, Ellem, Ellington, Espinosa, A. Evans, D. Evans, Faircloth, Ferns, Folk, Frich, Gearheart, Hamilton, Hamrick, Householder, Howell, Ireland, Kump, Lane, McCuskey, Miller, E. Nelson, O’Neal, Overington, Pasdon, Raines, Romine, Rowan, Shott, R. Smith, Sobonya, Storch, Sumner, Walters and Westfall.

            Absent and Not Voting: J. Nelson.

             So, a majority of the members present and voting not having voted in the affirmative, the amendment was not adopted.

            The question now being on the adoption of the resolution, Delegate Lane demanded the yeas and nays, which demand was sustained.

            The yeas and nays having been ordered, they were taken (Roll No. 3), and there were--yeas 53, nays 45, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Ambler, Anderson, Andes, Armstead, Arvon, Ashley, Azinger, Border, Butler, Cadle, Canterbury, Cooper, Cowles, Ellem, Ellington, Espinosa, A. Evans, D. Evans, Faircloth, Ferns, Folk, Frich, Gearheart, Hamilton, Hamrick, Householder, Howell, Ireland, Kump, Lane, McCuskey, Miller, E. Nelson, O’Neal, Overington, Pasdon, Raines, Romine, Rowan, Shott, R. Smith, Sobonya, Storch, Sumner and Westfall.

            Absent and Not Voting: J. Nelson and Walters.

             So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 2) adopted.

            H. R. 4, Re-establishing and realigning the Standing Committees of the House; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.

Leaves of Absence

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

            At 12:37 p.m., the House of Delegates adjourned until 10:00 a.m., Friday, January 10, 2014.

 

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