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House Journal


Day 01 (01-08-2014)
Day 02 (01-09-2014)
Day 03 (01-10-2014)
Day 06 (01-13-2014)
Day 07 (01-14-2014)
Day 08 (01-15-2014)
Day 09 (01-16-2014)
Day 10 (01-17-2014)
Day 13 (01-20-2014)
Day 14 (01-21-2014)
Day 15 (01-22-2014)
Day 16 (01-23-2014)
Day 17 (01-24-2014)
Day 20 (01-27-2014)
Day 21 (01-28-2014)
Day 22 (01-29-2014)
Day 23 (01-30-2014)
Day 24 (01-31-2014)
Day 27 (02-03-2014)
Day 28 (02-04-2014)
Day 29 (02-05-2014)
Day 30 (02-06-2014)
Day 31 (02-07-2014)
Day 34 (02-10-2014)
Day 35 (02-11-2014)
Day 36 (02-12-2014)
Day 37 (02-13-2014)
Day 38 (02-14-2014)
Day 42 (02-18-2014)
Day 43 (02-19-2014)
Day 44 (02-20-2014)
Day 45 (02-21-2014)
Day 48 (02-24-2014)
Day 49 (02-25-2014)
Day 50 (02-26-2014)
Day 51 (02-27-2014)
Day 52 (02-28-2014)
Day 56 (03-04-2014)
Day 57 (03-05-2014)
Day 58 (03-06-2014)
Day 59 (03-07-2014)
Day 60 (03-08-2014)
Day 61 (03-09-2014)
Day 62 (03-10-2014)


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 30, 2014

TWENTY-THIRD 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 29, 2014, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

            Delegate Walker, Chair of the Committee on Agriculture and Natural Resources, submitted the following report, which was received:

            Your Committee on Agriculture and Natural Resources has had under consideration:

            H. B. 4047, Commissioner of Agriculture, relating to auctioneers,

            And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.

            In accordance with the former direction of the Speaker, the bill (H. B. 4047) was referred to the Committee on the Judiciary.

            Delegate Walker, Chair of the Committee on Agriculture and Natural Resources, submitted the following report, which was received:

            Your Committee on Agriculture and Natural Resources has had under consideration:

            H. B. 4286, Captive Cervid Farming Act,

            And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.

            In accordance with the former direction of the Speaker, the bill (H. B. 4286) was referred to the Committee on Finance.

            Delegate Staggers, Chair of the Committee on Roads and Transportation, submitted the following report, which was received:

            Your Committee on Roads and Transportation has had under consideration:

            H. B. 4263, Providing for the transfer of ownership, operation and maintenance of certain assets of the West Virginia Parkways Authority to the Division of Highways,

            And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.

            In accordance with the former direction of the Speaker, the bill (H. B. 4263) was referred to the Committee on Finance.

            Delegate Iaquinta, Chair of the Committee on Veterans’ Affairs and Homeland Security, submitted the following report, which was received:

            Your Committee on Veterans’ Affairs and Homeland Security has had under consideration:

            H. B. 4268, Relating to the administration of veterans’ assistance,

            And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Government Organization.

            In accordance with the former direction of the Speaker, the bill (H. B. 4268) was referred to the Committee on Government Organization.

            Delegate Iaquinta, Chair of the Committee on Veterans’ Affairs and Homeland Security, submitted the following report, which was received:

            Your Committee on Veterans’ Affairs and Homeland Security has had under consideration:

            H. B. 2981, Providing that historical reenactors are not violating the provision prohibiting unlawful military organizations,

            And reports the same back, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.

            In accordance with the former direction of the Speaker, the bill (H. B. 2981) was referred to the Committee on the Judiciary.

            Delegate Iaquinta, Chair of the Committee on Veterans’ Affairs and Homeland Security, submitted the following report, which was received:

            Your Committee on Veterans’ Affairs and Homeland Security has had under consideration:

            H. B. 2165, Relating to death certificates of military veterans,

            And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.

            In accordance with the former direction of the Speaker, the bill (H. B. 2165) was referred to the Committee on Finance.

            Delegate Guthrie, Chair of the Committee on Banking and Insurance, submitted the following report, which was received:

            Your Committee on Banking and Insurance has had under consideration:

            H. B. 4081, Insurance Commissioner, external review of adverse health benefit plan determinations,

            And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.

            In accordance with the former direction of the Speaker, the bill (H. B. 4081) was referred to the Committee on the Judiciary.

            Delegate Guthrie, Chair of the Committee on Banking and Insurance, submitted the following report, which was received:

            Your Committee on Banking and Insurance has had under consideration:

            H. B. 4204, Relating to the nonrenewal of property insurance policies as a result of certain claims,

            And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.

            In accordance with the former direction of the Speaker, the bill (H. B. 4204) was referred to the Committee on the Judiciary.

            Delegate Poling, Chair of the Committee on Industry and Labor, submitted the following report, which was received:

            Your Committee on Industry and Labor has had under consideration:

            H. B. 4312, Creating a certification for emergency medical technician-industrial,

            And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Government Organization.

            In accordance with the former direction of the Speaker, the bill (H. B. 4312) was referred to the Committee on Government Organization.

            Delegate Poling, Chair of the Committee on Industry and Labor submitted the following report, which was received:

            Your Committee on Industry and Labor has had under consideration:

            H. B. 4283, Raising the minimum wage,

            And reports the same back, with a title amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.

            In accordance with the former direction of the Speaker, the bill (H. B. 4283) was referred to the Committee on Finance.

            Delegate Craig, Chair of the Committee on Energy, submitted the following report, which was received:

            Your Committee on the Judiciary has had under consideration:

            H. B. 4238, Providing a tax credit to coal producers who sell coal to taxpayers who increase their consumption of West Virginia coal,

            And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.

            In accordance with the former direction of the Speaker, the bill (H. B. 4238) was referred to the Committee on Finance.

            Delegate Pethtel, Chair of the Committee on Pensions and Retirement, submitted the following report, which was received:

            Your Committee on Pensions and Retirement has had under consideration:

            H. B. 4345, Relating to the West Virginia State Police Retirement System,

            And,

            H. B. 4364, Relating to the Public Employees Retirement System,

            And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on Finance.

            In accordance with the former direction of the Speaker, the bills (H. B. 4345 and H. B. 4364) were each referred to the Committee on Finance.

            Delegate Pethtel, Chair of the Committee on Pensions and Retirement, submitted the following report, which was received:

            Your Committee on Pensions and Retirement has had under consideration:

            H. B. 4365, Relating to employer remittance and reporting of Teachers’ Retirement System member contributions to the retirement board,

            And,

            H. B. 4366, Clarifying that the Teachers’ Retirement System annuity calculation for a member with reciprocal service credit shall be based on the final average salary calculation,

            And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on Finance.

            In accordance with the former direction of the Speaker, the bills (H. B. 4365 and H. B. 4366) were each referred to the Committee on Finance.

            Delegate Skaff, Chair of the Committee on Small Business, Entrepreneurship and Economic Development, submitted the following report, which was received:

            Your Committee on Small Business, Entrepreneurship and Economic Development has had under consideration:

            H. B. 4184, Relating to the West Virginia Tourism Development Act,

            And reports the same back, with the recommendation that it do pass, but that it first be referred to the Committee on Finance.

            In accordance with the former direction of the Speaker, the bill (H. B. 4184) was referred to the Committee on Finance.

            On motion for leave, a resolution was introduced (Originating in the Committee on Senior Citizen Issues and reported with the recommendation that it be adopted), which was read by its title, as follows:

By Delegates Williams, Moye, Campbell, Ferro, Manypenny, Marshall, Moore, Perdue, Pethtel, Perry, Pino, Stephens, Young, Rowan, O’Neal, Armstead, Ashley, Border, Faircloth, Ferns, Sobonya, Westfall and Ellington:

            H. C. R. 57 – “Urging the West Virginia Governor’s Office to direct the Secretary of Health and Human Resources to amend the Code of State Rules, Title 64, Series 2, to provide for the licensing of adult day health centers that implement a hybrid model of care.”

            Whereas, Adult day health centers, sometimes referred to as adult day care centers, provide less than 24 hour care to persons, often older citizens, who, while not needing long term residential care or in-home care, require the attention of a caregiver due to some mental or physical impairment; and

            Whereas, Adult day health centers provide an organized day program of therapeutic, social and in some instances health maintenance and restorative services, often referred to as adult day services, in a non-institutional, community based setting; and

            Whereas, Adult day health centers also provide respite and support to an individual’s regular caregiver or family members, allowing for those in need to remain in their home community rather than being placed in a 24 hour long-term residential care facility; and

            Whereas, The costs associated with adult day services is significantly less than that of a long term residential care facility; and

            Whereas, The availability of adult day services can provide an alternative to in-home care that can in certain cases make more economic or logistical sense to a particular family; and

            Whereas, Adult day health centers may follow a medical model, social model, or a combination of aspects of both in a hybrid model, and many states have promulgated rules and regulations that provide for licensure of centers under the hybrid model; and

            Whereas, The current rules under Code of State Rules, Title 64, Series 2, pertaining to Licensure of Adult Day Care Centers only allows for licensure of centers following the medical model; and

            Whereas, The medical model is unnecessary and cost-prohibitive based on the level of care needed by most persons in adult day health centers; and

            Whereas, Due to these unnecessary and cost-prohibitive rules there are currently no licensed adult day health centers, referred to in the rule as adult day care centers, in the State of West Virginia; and

            Whereas, Without any licensed adult day health centers the Department of Health and Human Resources can not apply for funding through the Medicaid Home and Community Based Services waiver program that would be of great benefit to certain persons needing adult day services; and

            Whereas, A Leading AgeTM Report titled Adult Day Services/Adult Day Health: Financial Viability and Scope of Services Provided Under Medicaid Waivers showed that West Virginia is the only state in the nation with no Medicaid reimbursement for any type of adult day services; and

            Whereas, A 2007 West Virginia Adult Day Services Roundtable concluded that the state should replace the medical model rules with a set of rules that follow a hybrid model; and

            Whereas, The Making a Plan for Alzheimer’s in West Virginia Final Report and Recommendations, released on December 12, 2011 and supported through concurrent resolution by the West Virginia Legislature, recommends that the Department of Health and Human Resources, through the Office of Health Facility Licensure and Certification, promulgate regulations that follow the hybrid model, therefore be it

            Resolved by the Legislature of West Virginia:

            That the West Virginia Governor’s Office direct the Secretary of the Department of Health and Human Resources to amend the Code of State Rules, Title 64, Series 2, to provide for the licensing of adult day health centers that implement a hybrid model of care; and

            That the West Virginia Governor’s Office direct the Secretary of the Department of Health and Human Resources to amend the Code of State Rules, Title 64, Series 2, to refer to care centers as adult day health centers, rather than adult day care centers, in order to express the proper amount of respect and compassion to those persons who may need adult day services due to some medical or physical impairment; and

            That the West Virginia Governor’s Office direct the Secretary of the Department of Health and Human Resources to report back to the Interim Committee on PEIA, Seniors, and Long Term Care during the 2014-2015 interim session regarding the progress of the rule changes and to ensure that no further legislative action is necessary; and be it

            Further resolved: That the Clerk of the House of Delegates forward a certified copy of this resolution to the Governor of West Virginia, the Chair of House Committee on Finance and the Chair of Senate Committee on Finance.

            In the absence of objection, the Speaker referred the resolution (H. C. R. 57) to the Committee on Rules.

            On motion for leave, a resolution was introduced (Originating in the Committee on Senior Citizen Issues and reported with the recommendation that it be adopted), which was read by its title, as follows:

By Delegates Williams, Moye, Campbell, Ferro, Manypenny, Marshall, Moore, Perdue, Pethtel, Perry, Pino, Stephens, Young, Rowan, O’Neal, Armstead, Ashley, Border, Faircloth, Ferns, Sobonya and Westfall:

            H. C. R. 58 - “Requesting that the Joint Committee on Government and Finance authorize a study on the growing needs for in-home care and personal services for West Virginia’s aging population.”

            Whereas, The Bureau of Senior Services was created to promote services to enhance the health, safety, and welfare of West Virginia’s senior population and serve as the primary agency within state government to provide services to the senior population; and

            Whereas, The Bureau of Senior Services is tasked with administering community and in-home care services which provide a full range of preventative, maintenance and restorative services for the frail elderly, disabled or terminally ill; and

            Whereas, A report of the West Virginia University of College of Business and Economics on the West Virginia Economic Outlook for 2014 states that 16.8% of West Virginia’s population is 65 or older, and that number is growing; therefore be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance authorize a study on the growing needs for in-home care and personal services for West Virginia’s aging population; and be it,

            Further resolved, That the Joint Committee on Government and Finance report to the Regular Session of the Legislature, 2015, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and be it

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

            In the absence of objection, the Speaker referred the resolution (H. C. R. 58) to the Committee on Rules.

            On motion for leave, a resolution was introduced (Originating in the Committee on Senior Citizen Issues and reported with the recommendation that it be adopted), which was read by its title, as follows:

By Delegates Williams, Moye, Campbell, Ferro, Manypenny, Marshall, Moore, Perdue, Pethtel, Perry, Pino, Stephens, Young, Rowan, O’Neal, Armstead, Ashley, Border, Faircloth, Ferns, Sobonya and Westfall:

            H. C. R. 59 – “Urging the West Virginia Governor’s office to direct the Director of the Bureau of Senior Services to issue a report on the growing needs for in-home care and personal services for West Virginia’s aging population, and the bureau’s abilities and challenges in meeting those growing needs.”

            Whereas, The Bureau of Senior Services was created to promote services to enhance the health, safety, and welfare of West Virginia’s senior population and serve as the primary agency within state government to provide services to the senior population; and

            Whereas, The Bureau of Senior Services is tasked with administering community and in-home care services which provide a full range of preventative, maintenance and restorative services for the frail elderly, disabled or terminally ill; and

            Whereas, A report of the West Virginia University of College of Business and Economics on the West Virginia Economic Outlook for 2014 states that 16.8% of West Virginia’s population is 65 or older, and that number is growing; therefore be it

            Resolved by the Legislature of West Virginia:

            That the West Virginia Governor’s Office direct the Director of the Bureau of Senior Services to prepare and issue a report on the growing needs for in-home care and personal services for West Virginia’s aging population, and the bureau’s abilities and challenges in meeting those growing needs to the Joint Interim Committee on PEIA, Seniors and Long Term Care by January 1, 2015; and be it,

            Further resolved: That the Clerk of the House of Delegates forward a certified copy of this resolution to the Governor of West Virginia, the Chair of House Committee on Finance and the Chair on Senate Committee on Finance.

            In the absence of objection, the Speaker referred the resolution (H. C. R. 59) to the Committee on Rules.

            Delegate Perdue, Chair of the Committee on Health and Human Resources, submitted the following report, which was received:

            Your Committee on Health and Human Resources has had under consideration:

            H. B. 4332, Extending the time that certain nonprofit community groups are exempt from the moratorium on creating new nursing home beds,

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

            Delegate Perdue, Chair of the Committee on Health and Human Resources, submitted the following report, which was received:

            Your Committee on Health and Human Resources has had under consideration:

            H. B. 4335, Relating to a child’s right to nurse,

            And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.

            In accordance with the former direction of the Speaker, the bill (H. B. 4335) was referred to the Committee on the Judiciary.

            Delegate Perdue, Chair of the Committee on Health and Human Resources, submitted the following report, which was received:

            Your Committee on Health and Human Resources has had under consideration:

            H. B. 4287, Administration of health maintenance tasks,

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

            Com. Sub. for H. B. 4287 - “A Bill to amend and reenact §16-5O-2, §16-5O-3, §16-5O-5, §16-5O-6, §16-5O-7, §16-5O-8, §16-5O-10 and §16-5O-12 of the Code of West Virginia, 1931, as amended, relating to the performance of certain functions by approved medication assistive personnel; defining terms; updating terminology; requiring the authorizing agency to collaborate with the Board of Respiratory Care; adding requirements to be completed by a registered nurse to become a trainer; requiring the department to maintain a list of unauthorized individuals; and changing the membership of the advisory committee,”

            With the recommendation that the committee substitute do pass.

            Delegate Lawrence, Chair of the Committee on Political Subdivisions, submitted the following report, which was received:

            Your Committee on Political Subdivisions has had under consideration:

            H. B. 4259, Extending the time for the city council of the city of Sistersville, Tyler County, to meet as a levying body.

            And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.

            In accordance with the former direction of the Speaker, the bill (H. B. 4259) was referred to the Committee on Finance.

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

            Your Committee on the Judiciary has had under consideration:

            H. B. 4186, Relating to the procedures for issuing a concealed weapon license,

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

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

            Your Committee on the Judiciary has had under consideration:

            H. B. 4147, Relating to emergency preparedness,

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

            Com. Sub. for H. B. 4147 - “A Bill to amend and reenact §15-5-1 and §15-5-6 of the Code of West Virginia, 1931, as amended; and to amend and reenact §46A-6J-1, §46A-6J-2, §46A-6J-3 and §46A-6J-4 of said code, all relating to emergency preparedness; revising the policy statement for the Division of Homeland Security and Emergency Management; authorizing the Governor or the Legislature to declare a state of preparedness; limiting a state of preparedness to thirty days; identifying conditions that permit a declaration of a state of preparedness; adding the term ‘state of preparedness’ to where ‘state of emergency’ is referred throughout the code; providing that a state of preparedness has the same effect as a state of emergency for the purposes of the Emergency Management Assistance Compact and the Statewide Mutual Aid System; revising the definition of ‘state of emergency’ in the West Virginia Consumer Protection Act; defining ‘state of preparedness’ in the West Virginia Consumer Protection Act; requiring notification of a state of preparedness by the Secretary of State; and making other technical and stylistic revisions,”

            With the recommendation that the committee substitute do pass.

Messages from the Senate

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:

            Com. Sub. for S. C. R. 1 - “Requesting the Division of Highways name bridge number 42-43-0.16, the Becky’s Creek Bridge on Route 43 crossing over the Tygart Valley River in Huttonsville, Randolph County, the ‘U. S. Army Sgt. Cecil W. Kittle, Jr., Memorial Bridge’.”

            Whereas, Sergeant Kittle was born on March 15, 1940, in Randolph County to Cecil Wilbert Kittle, Sr., and Omega Virginia Armentrout Kittle. He had a brother, Master Sergeant Floyd A. Kittle, and two sisters, Carolyn Darlene Kittle and Eva Fae Knight; and

            Whereas, In July, 1962, Sergeant Kittle married Betty Irene Wilt Kittle. They had two children, Richard Nicholas Kittle and Randall Lee Kittle; and

            Whereas, Sergeant Kittle was a career soldier who first entered the Army in July, 1958, after attending Tygarts Valley High School. He served several tours of duty in Europe with the Seventh Army and, in 1961, was involved with activities surrounding the Berlin Wall Crisis while serving with the 51st Infantry in Germany; and

            Whereas, In 1965 Sergeant Kittle arrived in Vietnam where he served as a helicopter gunner and a paratrooper in Company C, Second Battalion, Seventh Calvary, and First Air Calvary Division (Airmobile). This unit was involved in the heaviest fighting at the Battle of Ia Drang Valley and Chu Pong Mountain, the first major battle in the Vietnam War; and

            Whereas, American leaders had decided to use newly developed airmobile tactics by flying in American troops by helicopter and Lieutenant General Hal Moore's First Battalion of the Seventh Cavalry was given this assignment in the Battle of Ia Drang Valley; and

            Whereas, The Battle at Ia Drang Valley began on November 14, 1965, and Sergeant Kittle was part of the military's operation to bring troops into Ia Drang Valley to locate the North Vietnamese Army. Lieutenant General Moore had sixteen helicopters to bring in troops which took four hours to get all of his men on the ground. Heavy fire began immediately and the first American soldiers who were dropped off into a small clearing in the Ia Drang Val1ey, known as Landing Zone X-Ray, were immediately surrounded and attacked by two thousand North Vietnamese soldiers. Dozens of men died within this first wave of attacks during the battle, which continued for three more days; and

            Whereas, On November 17, 1965, American military operations were moved to Landing Zone Albany, where U. S. troops were again attacked by the North Vietnamese Army. This second wave of attacks was considered the deadliest ambush of a U. S. unit during the entire course of the Vietnam War. During the night North Vietnamese soldiers walked through the woods executing all wounded American soldiers; and

            Whereas, Air strikes and artillery eventually allowed U. S. troops to secure the area and rescue the survivors. More than three hundred of the four hundred fifty U. S. soldiers were killed in the Battle of Ia Drang Val1ey; and

            Whereas, Sergeant Kittle was killed as a result of hostile action while on a search-and-destroy mission during the Battle of Ia Drang Valley. He died during the second wave of North Vietnamese attacks on November 17, 1965, at the age of twenty-five. A month later, December 24, 1965, his second son, Randall Lee Kittle, was born; and

            Whereas, Sergeant Kittle was one of nine West Virginia soldiers who died at the Battle of Ia Drang Val1ey. Being a native of Huttonsville, he was also the first Randolph County soldier to be killed in the Vietnam War. He is buried at the Old Brick Cemetery in Huttonsville along with his parents and other family members; and

            Whereas, The Battle at Ia Drang Valley set the tone for the remainder of the Vietnam War as American forces continued to rely on air mobility and heavy fire support; and

            Whereas, Sergeant Kittle was awarded the Purple Heart, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal, the National Defense Medal, the Army Good Conduct Medal, the Seventh Cavalry Garry Owen Patch and the Combat Infantry Badge; and

            Whereas, Sergeant Kittle’s name is listed on the Vietnam Memorial Wall in Washington, D. C., Panel 3E, Row 82; and

            Whereas, The battle in which Sergeant Kittle died was documented in the 1965 CBS Special Report “Battle of Ia Drang Valley” and in the book “We Were Soldiers Once...and Young” by Lieutenant General Hal Moore and reporter Joseph Galloway, who was also at the battle. That book also served as the basis of the 2002 movie “We Were Soldiers” starring Mel Gibson; and

            Whereas, Two local articles also chronicled the book and movie's significance to West Virginia and the people of Randolph County. The headlines read: "Current Vietnam Film has Personal Meaning for Area Residents" in the March 9, 2002, issue of the Elkins Inter-Mountain newspaper and "We Were Solders: West Virginia Veterans Remember Battle at Ia Drang Valley" in the March 7, 2002, issue of the Charleston Gazette newspaper. They are archived at the Culture Center in Charleston and in the Wise Library in Morgantown. Sergeant Kittle’s November 22, 1965, obituary is also archived at The Elkins Inter-Mountain newspaper library (Vol. LIX No. 45); and

            Whereas, It is fitting to honor Sergeant Cecil W. Kittle, Jr., for his commitment, dedication and service to his country and to his state, having given the ultimate sacrifice; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 42-43-0.16, the Becky’s Creek Bridge on Route 43 crossing over the Tygart Valley River in Huttonsville, Randolph County, the “U. S. Army Sgt. Cecil W. Kittle, Jr., Memorial Bridge”; and, be it

            Further Resolved, That 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 “U. S. Army Sgt. Cecil W. Kittle, Jr., Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to Sergeant Kittle's son, Randall Lee Kittle.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:

            Com. Sub. for S. C. R. 2 - “Requesting the Division of Highways name bridge number 17-131-3.99, located in Harrison County, the “U. S. Navy Petty Officer First Class Kevin S. Rux Memorial Bridge”.

            Whereas, Kevin S. Rux was born in Coronado, California, on October 31, 1969, the son of James A. Rux, a veteran of the United States Navy, and Saundra Rux Flanagan, a native of Chub Run, West Virginia; and

            Whereas, Kevin S. Rux enlisted in the Navy in October of 1988; and

            Whereas, Kevin S. Rux attended boot camp in Great Lakes, Illinois, and went on to serve in the Persian Gulf during Operation Desert Shield; and

            Whereas, Kevin S. Rux served ten years on active duty, had a brief stint of civilian life and then reenlisted in the Navy on October 27, 1999; and

            Whereas, Upon reenlistment, Kevin S. Rux was assigned to the USS Cole as an Electronics Warfare Technician (SW) and reached the rank of Petty Officer First Class; and

            Whereas, On October 12, 2000, the USS Cole was attacked by terrorists while refueling in Aden Harbor, Yemen, killing seventeen sailors and severely injuring thirty-nine more; and

            Whereas, Sadly, Kevin S. Rux was one of the seventeen sailors killed in the blast; and

            Whereas, It is fitting to honor the life of Kevin S. Rux by naming this bridge in his memory as an everlasting tribute to his service and sacrifice 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 17-131-3.99, located in Harrison County, the “U. S. Navy Petty Officer First Class Kevin S. Rux 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 “U. S. Navy Petty Officer First Class Kevin S. Rux Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:

            Com. Sub. for S. C. R. 3 - “Requesting the Division of Highways to name bridge number 17-19-23.26 in Gypsy, Harrison County, the ‘U. S. Navy Seaman First Class Sam Lopez Bridge’.”

            Whereas, Sam Lopez was born September 27, 1924, in Shinnston, West Virginia, the son of Pete and Mary Lopez; and

            Whereas, After being raised in Shinnston, Sam Lopez enlisted in the United States Navy in May of 1943 and was assigned to the USS Indianapolis in August of the same year; and

            Whereas, The USS Indianapolis was the pride of the United States Navy and was chosen to be the flagship of the Pacific Fleet, carrying a crew of one thousand two hundred men; and

            Whereas, While stationed on the USS Indianapolis, Sam Lopez took part in the battles of Saipan, Tinian, Guam, Iwo Jima, Okinawa and the key battles of Midway and the Philippine Sea; and

            Whereas, In July of 1945, after completing a top-secret mission, the USS Indianapolis set sail for Guam where it was to take part in gunnery practice with the USS Idaho in preparation for the invasion of Japan; and

            Whereas, On July 30, 1945, at 12:15 a.m., the USS Indianapolis was hit by enemy fire; and

            Whereas, The USS Indianapolis quickly began taking on water and the order was given to abandon ship; and

            Whereas, After jumping in the water that night, Sam Lopez spent four desperate days floating in the Pacific before being rescued; and

            Whereas, Out of one thousand two hundred men aboard, only three hundred and seventeen survived, and Sam Lopez was among the survivors of the Navy’s worst tragedy at sea; and

            Whereas, Sam Lopez married his beloved wife Joanne, with whom he shared the joy of having two children, Linda and Sam Jr., and four grandchildren, James, Bryan, Shawn and Shane; and

            Whereas, It is fitting to recognize the service and sacrifice of Sam Lopez by naming this bridge as an everlasting tribute to him; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 17-19-23.26 in Gypsy, Harrison County, the “U. S. Navy Seaman First Class Sam Lopez 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 “U. S. Navy Seaman First Class Sam Lopez Bridge”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:

            Com. Sub. for S. C. R. 8 - “Requesting the Division of Highways to name bridge number S317-270-0.73 on Route 270 in West Milford, Harrison County, West Virginia, the ‘USMC Cpl. Gene William Somers, Jr., Memorial Bridge’.”

Whereas, Corporal Gene William Somers, Jr., was born on July 27, 1948, in Harrison County, West Virginia, the son of Alice Marie Peet-Somers and the late Gene William Somers of West Milford, West Virginia; and

Whereas, Corporal Gene William Somers, Jr., attended Unidis and South Harrison High Schools in Harrison County; and

Whereas, Corporal Gene William Somers, Jr., enlisted in the United States Marine Corps on September 18, 1967, and began his tour of duty in Vietnam on February 6, 1968, as a member of the 1st Marine Division, Fleet Marine Forces; and

Whereas, Corporal Gene William Somers, Jr., was one of three brothers and two sisters of which brother Todd also served in the United States Marine Corps; and

Whereas, Corporal Gene William Somers, Jr., was killed on March 19, 1969, by hostile fire in the Quang Nam Province, South Vietnam; and

Whereas, Corporal Gene William Somers, Jr., gave the ultimate sacrifice for his country and it is fitting and proper that he 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 name bridge number S317-270-0.73 on Route 270 in West Milford, Harrison County, West Virginia, the “USMC Cpl. Gene William Somers, Jr., Memorial Bridge”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “USMC Cpl. Gene William Somers, Jr., Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:

            Com. Sub. for S. C. R. 9 - “Requesting the Division of Highways to name a portion of U. S. Route 522 near the West Virginia State Police barracks in Berkeley Springs, Morgan County, between West Virginia State Route 13, south of the West Virginia State Police barracks, and West Virginia State Route 9, north of the barracks, the ‘Trooper First Class Thomas Dean Hercules and Trooper Charles Henry Johnson Memorial Highway’.”

            Whereas, Trooper First Class Thomas Dean Hercules and Trooper Charles Henry Johnson both served in the West Virginia State Police in Morgan County, West Virginia; and

            Whereas, Trooper First Class Thomas Dean Hercules served with the United States Marine Corps and had nineteen years of service as a West Virginia State Trooper; and

            Whereas, Trooper Charles Henry Johnson served in the Air Force for four years, graduated from the State Police Academy at Institute in 1970 and lived in Berkeley Springs for three years; and

            Whereas, On the snowy, cold afternoon of January 12, 1977, Trooper First Class Thomas Dean Hercules and Trooper Charles Henry Johnson were gunned down in the line of duty in Paw Paw, West Virginia, while serving an arrest warrant on a burglary suspect; and

            Whereas, Trooper First Class Thomas Dean Hercules and Trooper Charles Henry Johnson made the ultimate sacrifice for the safety of their community and state; and

            Whereas, Trooper First Class Thomas Dean Hercules was survived by his wife, Shirley, and their sons Allen and David; and

            Whereas, Trooper Charles Henry Johnson was the son of John J. and Rowena Robinson Johnson and was survived by his wife, Lynda Sue Lively Johnson; daughter, Lori Necole, and son, Jeffrey Bryan, both at home; sister, Mrs. Leah Rae Wallace; brother, John J. Johnson, Jr.; and grandmother, Mrs. Mary C. Robinson; and

            Whereas, The Legislature acknowledges the service and sacrifice of Trooper First Class Thomas Dean Hercules and Trooper Charles Henry Johnson, as well as the sacrifice of their families who endured their loss of life; and

            Whereas, It is fitting to honor the lives of Trooper First Class Thomas Dean Hercules and Trooper Charles Henry Johnson by naming this highway in their memory as an everlasting tribute to their service and sacrifice to their community and state; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name a portion of U. S. Route 522 near the West Virginia State Police barracks in Berkeley Springs, Morgan County, between West Virginia State Route 13, south of the West Virginia State Police barracks, and West Virginia State Route 9, north of the barracks, the “Trooper First Class Thomas Dean Hercules and Trooper Charles Henry Johnson Memorial Highway”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying this section of the highway as the “Trooper First Class Thomas Dean Hercules and Trooper Charles Henry Johnson Memorial Highway”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:

            Com. Sub. for S. C. R. 10 - “Requesting the Division of Highways to name bridge number 23-044/00-0.13.14, crossing Island Creek in Switzer, Logan County, the ‘U. S. Army Cpl. James Melvin ‘Pete’ Spradlin Memorial Bridge’.”

            Whereas, Pete Spradlin was born on November 29, 1946, in Stirrat, West Virginia; and

            Whereas, Pete Spradlin wed Ruby Lee Crum and together they had seven children who have blessed them with six grandchildren; and

            Whereas, Pete Spradlin spent three years as a Corporal in the Army 3rd Battery, 4th Platoon, earning a National Defense Service Medal; and

            Whereas, Pete Spradlin was a longtime coal miner and proud member of the United Mine Workers of America; and

            Whereas, Pete Spradlin gained fame in Logan County after he was featured in a November, 1991, Time Magazine article about the perils of coal mining; and

            Whereas, Pete Spradlin retired from Kedco Coal Company in June, 1998, and later bought a cabin in Greenbrier County where he enjoyed spending most of his time; and

            Whereas, Pete Spradlin served as a board member of Logan Regional Medical Center in the 1990s; and

            Whereas, Pete Spradlin passed away on March 10, 2013, in Monaville, Logan County, West Virginia; and

            Whereas, It is fitting and proper that the national and community service of Pete Spradlin be acknowledged; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 23-044/00-0.13.14, crossing Island Creek in Switzer, Logan County, the “U. S. Army Cpl. James Melvin ‘Pete’ Spradlin 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 “U. S. Army Cpl. James Melvin ‘Pete’ Spradlin Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways and to the surviving family members of Pete Spradlin.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:

            Com. Sub. for S. C. R. 11 - “Requesting the Division of Highways to name bridge number 23-110/20-0.23, located on County Route 110/20 in Logan, West Virginia, crossing a side channel of the Guyandotte River and locally known as the Logan High School Bridge, the ‘U. S. Army Major Thomas McElwain Memorial Bridge’.”

            Whereas, Thomas McElwain was born in 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, Missouri, and the University of Maryland Far East Branch, obtaining two Master’s 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 Major Thomas McElwain was commanding officer of Company C, 1st Battalion (Airborne), 503rd Infantry in Vietnam in 1967 and 1968; and

            Whereas, Army Major 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, Major (then 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, Major 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, After his second tour of duty in Vietnam as a military advisor to thirty-six thousand Montagnards, Major Thomas McElwain was chosen by General William Westmoreland for a National Speakers Tour. He traveled extensively throughout West Virginia, Kentucky and Ohio to local civic organizations to share information about the war; and

            Whereas, After his stint as a speaker for the Army, Major Thomas McElwain became Commandant of Cadets at the University of Nebraska in Omaha. After this, Major McElwain was assigned to the ROTC program at Marquette University in Milwaukee, Wisconsin. Since his office was located in the gym, he developed a friendship with Al McGuire, the head basketball coach at Marquette at that time. Having earned two Master’s Degrees while in the Army and upon retiring from the Army, Major Thomas McElwain taught at Park College, taught at Webster College Graduate School, supervised student teachers at the University of Texas at El Paso (UTEP) and taught fourth grade at Radford School for Girls; and

            Whereas, Major Thomas McElwain was a 32nd Degree Mason and was a member of the Grand Lodge of Texas Ancient Free and Accepted Masons, Wallace Hughton Lodge Number 1393. He was also active in the Shriners. Following retirement Major McElwain moved to Henderson, Nevada, where he lived and enjoyed playing golf with family and friends, shooting his pistols and cooking; and

            Whereas, Army Major 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 23-110/20-0.23, located on County Route 110/20 in Logan, West Virginia, crossing a side channel of the Guyandotte River and locally known as the Logan High School Bridge, the “U. S. Army Major 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 “U. S. Army Major Thomas McElwain Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways; to James W. Mullins; and to family members of Army Major Thomas McElwain.

Bills Introduced

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

By Delegates Fragale and Iaquinta:

            H. B. 4374 - “A Bill to amend and reenact §5A-3-10 and §5A-3-11 of the Code of West Virginia, 1931, as amended, all relating to permitting purchases up to $100,000 without competitive bids”; to the Committee on Government Organization then Finance.

By Delegates Reynolds, Skaff, Pethtel, L. Phillips, Canterbury, Jones and Sponaugle:

            H. B. 4375 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-10E-1, §5-10E-2, §5-10E-3, §5-10E-4, §5-10E-5, §5-10E-6, §5-10E-7, §5-10E-8, §5-10E-9, §5-10E-10, §5-10E-11, §5-10E-12 and §5-10E-13; and to amend and reenact §36-8-13 of said code, all relating to establishing the West Virginia Voluntary Employee Retirement Accounts Program; establishing findings; defining terms; providing for liberal construction; requiring compliance with federal and state law; providing for plan administration; authorizing the Treasurer to propose rules; establishing participation; requiring all federal approvals and filings be received and made before operations begin; creating trust; prohibiting assignment, except for qualified domestic relations orders; authorizing investments; specifying that the corpus, assets and earnings of trust do not constitute public funds; deferring compensation from federal, state and municipal income taxes; authorizing collection of fees; creating administration account; transferring up to $3 million from the Unclaimed Property Trust Fund; requiring that $3 million be repaid no later than June 30, 2024; paying program costs; reimbursement of Unclaimed Property Trust Fund; specifying the state and the Treasurer are not liable for losses or changes in value; specifying certain information is confidential; requiring payroll information be provided to the Treasurer; requiring audits; and providing for the transfer of money from the Unclaimed Property Trust Fund for start-up of the program”; to the Committee on Pensions and Retirement then Finance.

By Delegates Eldridge, White, Hunt, Craig, R. Phillips, Tomblin and Barker:

            H. B. 4376 - “A Bill to amend and reenact §19-23-9 of the Code of West Virginia, 1931, as amended, relating to requiring each thoroughbred licensee to pay three percent of purses actually paid during the proceeding month to the local Horsemen’s Benevolent and Protective Association for their respective medical trusts for backstretch personnel and administrative fees”; to the Committee on the Judiciary then Finance.

By Delegates Staggers, L. Phillips, Lynch, Stephens, Moye and Longstreth

            [By Request of the Division of Motor Vehicles]:

            H. B. 4377 - “A Bill to amend and reenact §17C-5A-3a of the Code of West Virginia, 1931, as amended, relating to the establishment of and participation in the Motor Vehicle Alcohol Test and Lock Program; defining offenses; and allowing the commissioner to defer revocation for DUI offenses if the offender completes the test and lock program and waives the right to administrative hearing”; to the Committee on Roads and Transportation then the Judiciary.

By Delegates Folk, Walker, Pino, Manypenny, Sponaugle, R. Phillips, Overington, Hartman, Hamilton, Ireland and Faircloth:

            H. B. 4378 - “A Bill to amend and reenact §20-2-15 of the Code of West Virginia, 1931, as amended, relating to permits to kill deer or other wildlife causing damage to cultivated crops”; to the Committee on Agriculture and Natural Resources then the Judiciary.

By Delegates Hartman, Campbell, Sponaugle, R. Phillips and Iaquinta:

            H. B. 4379 - “A Bill to amend of the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17A-3-14a, relating to authorizing the issuance of special "Family of Fallen Hero" registration plates”; to the Committee on Roads and Transportation then Finance.

Daily Calendar

Unfinished Business

            Com. Sub. for H. C. R. 13, The “Thomas H. Stafford Memorial Bridge”; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.

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

            Com. Sub. for H. C. R. 27, The Audra Park Bridge in Memory of Army Sergeant John A. Charnoplosky; coming up in regular order, as unfinished business, was reported by the Clerk.

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

            The yeas and nays having been ordered, they were taken (Roll No. 32), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:

            Absent and Not Voting: Ambler, Andes, Barill, Border, Caputo, Hamrick, J. Nelson and Raines.

             So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (Com. Sub. for H. C. R. 27) adopted.

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

            H. C. R. 31, Rosalyn Queen Alonso Bridge; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.

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

            Com. Sub. for H. C. R. 35, The Arden Bridge in Memory of Abbie Gall; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.

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

            Com. Sub. for H. C. R. 37, Army Sergeant Charles Leo Dulaney Memorial Bridge; coming up in regular order, as unfinished business, was reported by the Clerk.

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

            The yeas and nays having been ordered, they were taken (Roll No. 33), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:

            Absent and Not Voting: Ambler, Andes, Barill, Border, Caputo, Hamrick, J. Nelson and Raines.

             So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (Com. Sub. for H. C. R. 37) adopted.

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

Leaves of Absence

            At the request of Delegate White, and by unanimous consent, leaves of absence for the day were granted Delegates Ambler, Andes, Barill, Border, Caputo, Hamrick, J. Nelson and Raines.

            At 11:39 a.m., the House of Delegates adjourned until 10:00 a.m., Friday, January 31, 2014.

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