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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

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__________*__________



 

Friday, January 31, 2014

TWENTY-FOURTH DAY

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

 

 

            The House of Delegates met at 10:00 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 Thursday, January 30, 2014, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

            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. 4196, Requiring the Workforce Investment Council to provide information and guidance to local workforce investment boards that would enable them to better educate both women and men about higher paying jobs,

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

            Com. Sub. for H. B. 4196 - “A Bill to amend and reenact §5B-2B-4 of the Code of West Virginia, 1931, as amended, relating to requiring the Workforce Investment Council to provide information and guidance to local workforce investment boards that would enable them to better educate both women and men about higher paying jobs including jobs traditionally dominated by men or women,”

            And,

            H. B. 4284, Pregnant Workers’ Fairness Act,

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

            Com. Sub. for H. B. 4284 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-11B-1, §5-11B-2, §5-11B-3, §5-11B-4, §5-11B-5, §5-11B-6 and §5-11B-7, all relating to creating the Pregnant Workers’ Fairness Act; defining unlawful employment practices; establishing remedies and enforcement for discriminatory conduct; authorizing rule-making by the West Virginia Human Rights Commission; establishing the relationship of the article to other laws; and requiring a report to the Joint Committee on Government and Finance,”

            With the recommendation that the committee substitutes each 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. 4236, Sexual assault nurse examination network,

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

            Com. Sub. for H. B. 4236 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-9B-1, §15-9B-2 and §15-9B-3, all relating to establishing a regulatory system for sexual assault forensic examinations; requiring the creation of the Sexual Assault Forensic Examination Commission; setting forth its powers and responsibilities; setting forth its membership; requiring county prosecutors to convene and chair local Sexual Assault Forensic Examination Boards; and authorizing rule making,”

            With the recommendation that the committee substitute do pass.

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

            Your Committee on Finance has had under consideration:

            S. B. 341, Making supplementary appropriation from State Excess Lottery Revenue Fund to Division of Human Services,

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

Messages from the Senate

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 316 - “A Bill to amend and reenact §55-2-21 of the Code of West Virginia, 1931, as amended, relating to tolling the statute of limitations in certain cases; limiting the circumstances within which the statute of limitations is tolled for the institution of third-party complaints associated with pending civil actions; and clarifying that this section does not limit”; which was referred to the Committee on Industry and Labor then the Judiciary.

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of  

            S. B. 394 - “A Bill to amend and reenact §18C-3-3 of the Code of West Virginia, 1931, as amended, relating to establishing the Health Sciences Service Program; continuing special revolving fund account and designating new name of fund; modifying fund expenditure provisions; modifying certain defined term; and expanding and modifying program eligibility”; which was referred to the Committee on Finance.

Resolutions Introduced

            Mr. Speaker, Mr. Miley, and Delegates Iaquinta, Fragale and Hamrick offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 60 - “Requesting the Division of Highways to name the bridge on Route 279 between the FBI CJIS Division and Route 50 crossing Interstate 79 (Jerry Dove Exit 124), bridge number 17-279-166, in Harrison County, the ‘Lester W. ‘Cappy’ Burnside, Jr. Bridge’.”

            Whereas, Lester W. “Cappy” Burnside, Jr. was born in Clarksburg in January 1934; his parents were the late Lester W. Burnside and Louise Nowery Burnside. He graduated from Greenbrier Military School, Lewisburg, and West Virginia University. He and his wife, Carolyn Reynolds Burnside, were married in 1956. They have two daughters, Kate Burnside, in Nizwa, Sultanate of Oman, and Mary Wade Burnside, in Fairmont and a grandson; and

            Whereas, Lester W. “Cappy” Burnside, Jr. is a Life Member of the WVU Alumni Foundation and was inducted into the Emeritus Club in 2005. He served in the United States Army and retired as a Captain in the United States Army Reserve. He served a two-year term as President of the Harrison County Chamber of Commerce beginning in 1988. In 1985, he had initiated the Blue Ribbon Committee of the Chamber to unify economic development efforts. This grew into the Joint Committee for Economic Development, which eventually incorporated as Harrison 2000 with the motto “2000 Jobs by 2000”; and

            Whereas, In January 1990, just as Burnside was taking office as President of Harrison 2000, it was announced that the FBI Identification Division would relocate to West Virginia, in order to implement the Automated Fingerprint Identification System (AFIS), a new computer system to identify fingerprints in a matter of minutes, and would be looking for possible sites. By May, Burnside had organized an FBI property committee, began discussions with property owners, evaluated utility extensions to each site and established personal relationships with FBI officials. Each effort was an element that contributed to the final chemistry for a successful project. By late June, FBI officials asked Harrison 2000 to option 1000 acres adjacent to I-79 by August 1. Facing a formidable task, Burnside began the necessary legwork to obtain the options while keeping the project location confidential. For a year and a half, Burnside put aside many of his duties with his business and most of his time for leisure with his family to concentrate on securing the FBI project. He worked arduously and meticulously during this time to accomplish numerous FBI requirements; and

            Whereas, Twenty years after these events, Route 279 (Jerry Dove Exit 124), has opened an entire area for development resulting in Charles Pointe, White Oaks, and United Hospital Center and further economic development and well-being of Harrison County; and

            Whereas, Lester W. “Cappy” Burnside, Jr. participated in many community groups including: Association of Industrial Development: Board of Directors; Clarksburg Industrial Development Corporation: President, 1989-1990; Boy Scouts of America, Central West Virginia Council: Board of Directors; North Bend Rails to Trails Foundation: Advisory Board; American Society of Highway Engineers, Central West Virginia Chapter: President, 1989; Mon Valley Tri-State Network; Clarksburg Planning and Zoning Commission: Member; Salvation Army Advisory Board; Clarksburg Kiwanis Club: President 1969-1970. Until 2006, he was a board member of the Friends of West Virginia Public Radio, which he served as chair in 1995 and then as treasurer. He was president and treasurer of Consolidated Supply Company, which he closed in 1992. In recent years he was a consultant to building supply firms specializing in materials for highways and bridges; and

            Whereas, Naming that bridge on Route 279 for “Cappy” Burnside is an appropriate recognition of his contributions to the economic development and well-being of Harrison County; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the bridge on Route 279 between the FBI CJIS Division and Route 50 crossing Interstate 79, bridge number 17-279-166, in Harrison County (Jerry Dove Exit 124), the “Lester W. ‘Cappy’ Burnside, Jr. Bridge”; and, be it

            Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the “Lester W. ‘Cappy’ Burnside, Jr. 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 Lester W. ‘Cappy’ Burnside, Jr. and his family.

            Delegates Hartman, Campbell, Sponaugle, R. Phillips, Iaquinta, Perry, Craig, Guthrie, Lynch, M. Poling, Poore, Skaff, P. Smith, Staggers, Stephens, Tomblin, Walker, Wells and Young offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 61 - “Recognizing the West Virginia Center for Science Technology Engineering & Mathematics (STEM) in Green Bank, Pocahontas County, and requesting the Congressional Delegation from the State of West Virginia’s assistance in restoring federal funding for the National Radio Astronomy Observatory in Green Bank, Pocahontas County.”

            Whereas, WV STEM education is essential to educating our youth in the Mountain State; and

            Whereas, The National Radio Astronomy Observatory was founded in 1956 to provide state-of-the-art radio telescope facilities for use by the international scientific community to research the universe; and

            Whereas, West Virginia’s great late-Senator Robert C. Byrd secured funding for a radio telescope at Green Bank, and upon the telescope’s opening in 2000 the facility was named in his honor; and

            Whereas, The 100-m Green Bank Telescope has the largest collecting area of any fully-steerable telescope in the world; and

            Whereas, Scientists from around the world use the Green Bank Telescope to observe the skies for 6,000 hours every year; and

            Whereas, The Green Bank Telescope has been used to discover other stars and galaxies, and even complex molecules, such as sugar, in space; and

            Whereas, The Green Bank Telescope stokes the interest in the skies of over 40,000 visitors per year; and

            Whereas, The National Radio Astronomy Observatory has more than fifty years of experience in nationally-recognized STEM education programs and activities, currently hosts over three thousand students in educational programs annually and hosts numerous major world class scientific instruments in use on the site; and

            Whereas, The National Radio Astronomy Observatory is poised to expand its STEM education and work force development capabilities within West Virginia; and

            Whereas, The State of West Virginia has a vested interest in expanding its STEM educational opportunities to all residents; and

            Whereas, The annual economic impact on Pocahontas County is around $29 million and the National Radio Astronomy Observatory is one of the top employers within Pocahontas County; and

            Whereas, The National Science Foundation Astronomy Portfolio Review Committee recommended in 2012 that the Robert C. Byrd Green Bank Telescope be defunded over a five year period; and

            Whereas, A lack of federal funding will result in a multi-million dollar hole in annual operating costs; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the National Radio Astronomy Observatory’s West Virginia Center for STEM education located in Green Bank, Pocahontas County, is recognized as a preeminent facility for scientific, engineering, machining and STEM education; and, be it

            Further Resolved, That the Legislature recognizes the West Virginia Center for STEM Education as an exemplary school for STEM education in the Mountain State; and, be it

            Further Resolved, That the state encourages a cooperative effort between the National Radio Astronomy Observatory’s Green Bank facility and WorkForce West Virginia, the West Virginia Higher Education Policy Commission, the West Virginia Department of Education, the West Virginia Economic Development and other public and private statewide organizations to grow the National Radio Astronomy Observatory’s STEM education programs within the needs of the state while also working to secure the economic future of the Green Bank facility; and, be it

            Further Resolved, That West Virginia Congressional Delegation be requested to work to restore federal funding for the Green Bank Telescope; and, be it

            Further Resolved, That the Congress ensure that the Green Bank Telescope is providing the scientific community with valuable information for years to come by keeping funding for the Green Bank telescope intact; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the Members of the West Virginia Congressional Delegation.

            Delegates Fleischauer, Marshall, Manypenny, Pethtel, Williams, Iaquinta, Frich, Pasdon, Manchin, Caputo and Fragale offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 62 - “Requesting the Division of Highways to name bridge number 31-119/39-0.12 crossing over Deckers Creek in Morgantown, Monongalia County, the ‘John W. Pyles Bridge’.”

            Whereas, John W. Pyles has devoted over fifty years of his life in service to Monongalia County and the community of Morgantown; and

            Whereas, John W. Pyles, as an elected representative of the West Virginia House of Delegates, worked tirelessly to better the quality of life in Monongalia County and Morgantown; and

            Whereas, John W. Pyles served as the leader of the Democratic Party and Assessor of Monongalia County and then was elected as a member of the County Commission; and

            Whereas, John W. Pyles volunteered his time and talents serving in many capacities on Morgantown and Monongalia County Boards and Committees such as the United Way of Monongalia and Preston Counties, Monongalia County Development Authority, Metropolitan Foundation Board, Morgantown Convention and Visitors Bureau, Main Street Morgantown, Monongalia County Historical Landmarks Committee and the Greater Morgantown Community Trust; and

            Whereas, John W. Pyles was a founder of the Morgantown Celebration of America Committee to observe the birth of our great nation on July 4th, with special recognition of veterans and other community members who worked faithfully in service to America; and

            Whereas, John W. Pyles proposed and obtained funding for the Veterans Plaza at the Monongalia County Court House Square that recognizes veterans of all wars; and

            Whereas, John W. Pyles spearheaded the renaming of South University Avenue in Morgantown as Don Knotts Boulevard and is currently working to place a statue of Don Knotts on the Boulevard; and

            Whereas, John W. Pyles, in 1998, worked with Governor Cecil Underwood to gain state funding to replace the South High Street Bridge when it fell into complete disrepair; and

            Whereas, On November 5, 2013, the City Council of Morgantown passed a Resolution directed to the West Virginia Legislature in support of changing the name of the South High Street Bridge to the “John W. Pyles Bridge”; and

            Whereas, It is only fitting that we honor John W. Pyles for his commitment, dedication and public service to Morgantown, Monongalia County and the State of West Virginia; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 31-119/39-0.12 crossing over Deckers Creek in Morgantown, Monongalia County, the “John W. Pyles Bridge”; and, be it
            Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the “John W. Pyles 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 John W. Pyles.

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

            H. C. R. 63 - “Requesting the Division of Highways to name bridge number 20-79/6 000.01 in Sharon, Kanawha County, as the ‘Army SPC Gary Wayne Hudnall Memorial Bridge’.”

            Whereas, SPC Hudnall was born July 6, 1950, in Crown Hill, Kanawha County; and

            Whereas, SPC Hudnall was the husband to Carol; father to Shawn, Gregory and Nicole; and “pawpaw” to seven grandchildren; and

            Whereas, SPC Hudnall served in the military as a paratrooper in the Army 82nd Airborne in Fort Bragg, N.C., and the Army 101st Airborne in Vietnam; and

            Whereas, SPC Hudnall was awarded the distinguished Vietnam Service Medal and the Bronze Star for his service during Vietnam, and was honorably discharged as a specialist first class; and

            Whereas, SPC Hudnall’s civilian career included over thirty years with the U.S. Postal Service, and working as an electrician in coal mines; and

            Whereas, SPC Hudnall was a proud member of the United Mine Workers of America for thirteen years, including several as president of Local 9051; and

            Whereas, It is fitting to honor SPC Hudnall by naming bridge number 20-79/6 000.01 in Sharon, Kanawha County, after him; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature hereby requests the Division of Highways to name bridge number 20-79/6 000.01 in Sharon, Kanawha County, as the “Army SPC Gary Wayne Hudnall 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 “Army SPC Gary Wayne Hudnall 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 SPC Hudnall’s surviving relatives.

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

            H. C. R. 64 - “Requesting that bridge number 21-33-22.22 near the Weston exit off I-79, and 0.09 miles west of the junction of county 119/22, locally known as Sauls Run Beam Bridge, crossing over Stonecoal Creek, Bars numbers 21A094 and 21A154, in Lewis County, West Virginia, be named the ‘SSG Earl F. (Fred) Brown Memorial Bridge’.”

            Whereas, Fred Brown was born August 19, 1939, in Weston, West Virginia, and raised by Clarence F. Brown and Lelia May Brown. He grew up in the neighborhood of McGary, attended schools in Weston, enjoyed singing and was an active thespian. He enlisted in the United States Army at the age of eighteen and subsequently volunteered for the Army Special Forces or “Green Berets”. He married Karen Marcene Reed on December 8, 1961 and they had a daughter, Melanie Dawn Brown; and

            Whereas, Fred Brown was killed in action against the enemy in South Vietnam on January 29, 1966 while serving with the U. S. Army's 5th Special Forces Group, Special Forces. He was awarded the Combat Medic Badge, the Purple Heart, and the Vietnam Service Medal. He was buried in Masonic Cemetery, at Weston, West Virginia; and

            Whereas, It is the desire of the Legislature to honor the memory of this native son who gave his life serving his country; therefore, be it

            Resolved by the Legislature of West Virginia:

            That bridge number 21-33-22.22 near the Weston exit off I-79, and 0.09 miles west of the junction of county 119/22, locally known as Saul’s Run Beam Bridge crossing over Stonecoal Creek, Bars numbers 21A094 and 21A154, in Lewis County, West Virginia, be named the “SSG Earl F. (Fred) Brown 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 “ SSG Earl F. (Fred) Brown Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways and to Melanie Brown Sabol, 3204 Ivy Way, Harwood, MD 20776.

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

            By Delegates Marcum, White, Eldridge, Phillips, Tomblin, Barker, Moore, Perdue,

            Kinsey, Swartzmiller and Ferro:

            H. J. R. 104 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-10b, relating to providing a $500 credit for certain members of volunteer fire departments against state personal income tax”; to the Committee on the Judiciary then Finance.

Bills Introduced

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

By Delegates P. Smith, Caputo, Diserio, Poore, Perdue, Ellem, Manypenny, Fleischauer, Eldridge, Marshall and Stephens:

            H. B. 4380 - “A Bill to amend and reenact §21-3A-2 of the Code of West Virginia, 1931, as amended, relating to making the Department of Corrections and the Department of Health, and their respective workplaces, subject to the Occupational Safety and Health Act”; to the Committee on Industry and Labor then the Judiciary.

By Delegates R. Smith, Eldridge, L. Phillips, Sponaugle, Pasdon, Cooper, Canterbury, Sumner, Arvon, Staggers and Frich:

            H. B. 4381 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-18f, relating to establishing a four year pilot program to have social workers in public schools, from prekindergarten through the elementary school; requiring a minimum of one social worker per county; defining a term; requiring rule-making; and requiring annual and final reports”; to the Committee on Education then Finance.

By Delegates Caputo, Diserio, D. Poling, White, Boggs, Longstreth, Manchin, Mr. Speaker, Mr. Miley, Fragale, Young and Jones:

            H. B. 4382 - “A Bill to amend of the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22C-13-1, relating to establishing the Legislative Oversight Commission on Energy Workers Safety; directing the commission to study workers safety; and establishing reporting requirements for boards and agencies that regulate and otherwise oversee workers safety”; to the Committee on Energy then the Judiciary.

By Delegates Butler, Ireland, Hamrick, Cadle, Pasdon, Ellem, Gearheart, Cooper, Storch, Folk and Armstead:

            H. B. 4383 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-1-5, relating to public school curricular standards and assessments; establishing a Legislative Common Core Study Committee to study issues relating to implementation of Common Core standards and assessments in West Virginia and report to the Governor and Legislature no later than six months after the final public hearing, or on or before the first day of the 2016 Regular Session of the Legislature, whichever comes first; requiring State Board of Education to undertake a study of fiscal costs associated with implementing Common Core standards and assessments and report to the Governor and Legislature on or before the first day of the 2016 Regular Session; placing a two-year moratorium on implementation of Common Core assessments; prohibiting the State Board of Education from sharing personally identifiable information of students or teachers except as provided; and definitions”; to the Committee on Education then Finance.

By Delegates Campbell, M. Poling, Perry, Tomblin, Young, Barrett, Lawrence, Hartman, L. Phillips, Ferro and Hunt:

            H. B. 4384 - “A Bill to amend and reenact §18-20-1c of the Code of West Virginia, 1931, as amended, relating to education of exceptional children; and requiring teachers of students with exceptional needs to either be present at an individualized education program meeting or to read and sign a copy of the individualized education program plan indicating that they have read the plan”; to the Committee on Education.

By Delegates Eldridge, Barrett, Barker, L. Phillips, Morgan, Stephens, Hunt, Marcum, D. Poling, Ellem and Boggs:

            H. B. 4385 - “A Bill to amend and reenact §49-5-16 of the Code of West Virginia, 1931, as amended, relating to requiring the Division of Juvenile Services to transfer to a correctional facility any juvenile in its custody whose sentence runs beyond his or her eighteenth birthday”; to the Committee on the Judiciary.

By Delegates Caputo, D. Poling, Guthrie, Manypenny, Poore, Diserio, Walker, Marshall and Stephens:

            H. B. 4386 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-6-9a, relating to establishing seniority rights for public employees; defining when seniority begins; setting standards for accumulation of seniority; requiring notice of job postings; requiring registers or certified lists of eligible applicants; allowing senior employees the first right of refusal for additional duty, overtime and promotions; and determining seniority in case of absence”; to the Committee on Industry and Labor then Finance.

By Delegates Marcum, White, Eldridge, R. Phillips, Tomblin, Barker, Moore, Perdue, Kinsey, Swartzmiller and Ferro:

            H. B. 4387 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-10b, relating to providing a $500 credit for certain members of volunteer fire departments against state personal income tax”; to the Committee on Finance.

Daily Calendar

First Reading

            The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:

            Com. Sub. for H. B. 4147, Relating to emergency preparedness,

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

            Com. Sub. for H. B. 4287, Administration of health maintenance tasks,

            And,

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

Remarks by Members

            Delegate McCuskey asked and obtained unanimous consent that the remarks of Delegate Iaquinta regarding Brigadier General J. Kemp McLaughlin, WWII Veteran, be printed in the Appendix to the Journal.

            At 10:37 a.m., the House of Delegates adjourned until 1:00 p.m., Monday, February 3, 2014.

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