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HOUSE: | Bills Introduced | Resolutions Introduced | Abstract | Topical Index | Committee Schedule | Calendar | Daily Calendar | Journal | Menu |

House Journal


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Day 49 (02-25-2014)
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Day 01 (1-08-02014)

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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__________*__________



 

Monday, February 3, 2014

TWENTY-SEVENTH DAY

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

 

 

            The House of Delegates met at 1:00 p.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 Friday, January 31, 2014, being the first order of business, when the further reading thereof was dispensed with and the same approved.

            At the request of Delegate White, and by unanimous consent, the House of Delegates proceeded to the Seventh Order of Business for the purpose of introduction of resolutions.

Resolutions Introduced

            Delegates Paxton, Longstreth, Iaquinta, Andes, McCuskey, Guthrie, Wells, Young, Tomblin, Perdue, P. Smith and Boggs offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 65 - “Requesting that bridge number 40-25/2-0.13 on 40th Street and near 2nd Avenue in Nitro, Putnam County, West Virginia, the ‘Army SP4 Harold “Skip” Grouser Memorial Bridge’.”

            Whereas, SP4 Grouser was born on January 12, 1938 in Nitro; and

            Whereas, SP4 Grouser enlisted in the United States Army at the age of 18 and trained as a machinist; and

            Whereas, SP4 Grouser was sent to duty on the atoll of Eniwetok at the Atomic Proving Grounds in April 1957; and

            Whereas, During his time at Eniwetok SP4 Grouser witnessed at least two above ground detonations of atomic bombs, the Hardtack and Yucca and Cactus shots; and

            Whereas, SP4 Grouser unknowingly, along with many others, had no idea how devastating exposure to atomic testing would be; and

            Whereas, SP4 Grouser, who received disability compensation for his disease resulting from his service in the South Pacific, passed away on July 27, 2013 after a seven-year battle with cancer; and

            Whereas, It is fitting that an enduring memorial be established to commemorate this native son who so honorably served 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 40-25/2-0.13 on 40th Street and near 2nd Avenue in Nitro, Putnam County, West Virginia, the “Army SP4 Harold ‘Skip’ Grouser 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 SP4 Harold ‘Skip’ Grouser 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 James A. Lewis, West Virginia Department of Veterans Assistance.

            Delegates Paxton, Marshall, Craig, Young, Stephens, Westfall, Hamilton, Iaquinta, Kinsey,

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

            H. C. R. 66 - “Requesting that the Division of Highways name bridge number 27-15-6.53, currently known as Old Town Bridge on County Route 15 (Sandhill Rd.) near Pt. Pleasant, Mason County, West Virginia the ‘Quentin H. Wickline Memorial Bridge’.”

            Whereas, Quentin H. Wickline was born on July 4, 1918, a proud patriot; and

            Whereas, Quentin H. Wickline was one of the first in his town to enlist in the U.S. Navy when World War II broke out and served a tour of duty in Japan before returning to West Virginia and going to work for the railroad; and

            Whereas, Quentin H. Wickline was drafted into the U.S. Army during the Korean War and spent over a year in Korea, achieving the rank of Sergeant, before returning once again to West Virginia where he got a job with Appalachian Power; and

            Whereas, Quentin H. Wickline volunteered in his community as a baseball and softball coach, a member of the PTA, American Legion, VFW and SAR; and

            Whereas, Quentin H. Wickline was instrumental in starting the clothes closet and food bank at Pt. Pleasant Presbyterian Church, where he volunteered once a week for many years; and

            Whereas, Quentin H. Wickline was an active volunteer at Pleasant Valley Hospital and the Pt. Pleasant Senior Center, where he served on the Board of Directors, and even volunteered for a time at the V.A. Hospital in Huntington, where he was receiving cancer treatments; and

            Whereas, It is fitting and proper to honor the tireless work of Quentin H. Wickline on behalf of his fellow veterans, church and community by dedicating a bridge in his honor; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is requested to name bridge number 27-15-6.53, currently known as Old Town Bridge on County Route 15 (Sandhill Rd.) near Pt. Pleasant, Mason County, West Virginia the “Quentin H. Wickline Memorial Bridge”; and, be it

            Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the “Quentin H. Wickline 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 family of Quentin H. Wickline.

            Delegates Armstead, Lane, McCuskey, E. Nelson, Raines and Walters on Behalf of All Members of the House offered the following resolution, which was read by the Clerk as follows:

            H. R. 8 - “Memorializing the life of the Honorable Ruth Stafford Goldsmith, wife, mother, grandmother, great-grandmother, community advocate, and public servant.”

            Whereas, Ruth Stafford Goldsmith was born on January 17, 1924, in Bluefield, Mercer County, West Virginia, the daughter of the late Andrew and Sarah Stafford; and

            Whereas, Ruth Goldsmith was a graduate of West Virginia University where she earned a degree in industrial pharmacy; and

            Whereas, As a strong advocate for improving her community, Ruth Goldsmith played an important role in the building of Joplin Park in South Charleston, West Virginia; and

            Whereas, Ruth Goldsmith was a member of the South Charleston City Council from 1969 to 1980; and

            Whereas, Ruth Goldsmith was first elected to the West Virginia House of Delegates representing Kanawha County in 1980 and again in 1990; and

            Whereas, Ruth Goldsmith was very civic minded and enjoyed serving in many capacities in Kanawha County and the City of South Charleston. She served on the Legislative Task Force for Human Services, the Kanawha Art Alliance Board, the Kanawha County Bicentennial Commission and the board of the Kanawha Valley Day Care Centers for the Elderly. In addition, she was on the advisory committee for the West Virginia Women’s Commission and the Board of Directors for Goodwill Industries; and

            Whereas, Following open heart surgery, Ruth Goldsmith helped found Mended Hearts, an organization that encourages and comforts those that have had heart surgery; and

            Whereas, Ruth Goldsmith was a very active member of the First United Methodist Church of South Charleston where she served on various committees and held several offices for many years; and

            Whereas, Ruth was married to the late William F. “Bill” Goldsmith, Sr., and they were the proud parents of a daughter, Karen Johnston, and a son, Bill Goldsmith, and the loving grandparents of three grandchildren and the great-grandparents of eight great-grandchildren; and

            Whereas, Sadly, the Honorable Ruth S. Goldsmith passed away on Tuesday, December 31, 2013; therefore, be it

            Resolved by the House of Delegates:

            That the House of Delegates hereby memorializes the life of the Honorable Ruth S. Goldsmith, wife, mother, grandmother, great-grandmother, community advocate and public servant; and, be it

            Further Resolved, That the House of Delegates hereby extends its sincere sympathy at the passing of the Honorable Ruth S. Goldsmith; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the family of the Honorable Ruth S. Goldsmith.

            At the respective requests of Delegate White, and by unanimous consent, reference of the resolution (H. R. 8) to a committee was dispensed with, and it was taken up for immediate consideration.

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

            The yeas and nays having been ordered, they were taken (Roll No. 34), and there were--yeas 85, nays none, absent and not voting 15, with the absent and not voting being as follows:

            Absent and Not Voting: Anderson, Armstead, Barill, Ferns, Hamrick, Lane, Manypenny, McCuskey, Moore, E. Nelson, J. Nelson, Pasdon, Raines, Storch and Walters.

             So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 8) adopted.

            Delegate Manypenny announced that he was absent when the vote was taken on Roll No. 34, and that had he been present, he would have voted “Yea” thereon.

Committee Reports

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

            Your Committee on Rules has had under consideration:

            H. R. 7, Relating to requiring that a Jobs Impact Statement be attached to proposed legislation affecting employment or taxes in the state,

            And reports the same back with the recommendation that it be rejected.

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

            Your Committee on Rules has had under consideration:

            H. C. R. 10, The “Veterans Memorial Bridge”,

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

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

            H. C. R. 19, The “Army Specialist 4 William Lewis Reger Memorial Bridge”,

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

            Com. Sub. for H. C. R. 19 - “Requesting that bridge number 49-151-0.68 (49A069) on Route 151 in Upshur County, West Virginia, the ‘Army Specialist 4 William Lewis Reger Memorial Bridge’”,

            H. C. R. 23, Army Sgt. Walter William Smith Memorial Bridge,

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

            Com. Sub. for H. C. R. 23 - “Requesting the Division of Highways to name bridge number 49-13-1.57 (49A102) in Upshur County as the ‘Army Sgt. Walter William Smith Memorial Bridge’”,

            H. C. R. 54, Chief Denzil O. Lockard Memorial Bridge,

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

            Com. Sub. for H. C. R. 54 - “Requesting the Division of Highways to name bridge number 25-19-13.93 (25A049), on Route 19 in Rivesville, crossing Paw Paw Creek in Marion County, the ‘Chief Denzil O. Lockard Memorial Bridge’”,

            And,

            H. C. R. 55, Alex Angelino Memorial Bridge,

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

            Com. Sub. for H. C. R. 55 - “Requesting that bridge number 25-19-14.29 (25A052) on Route 19 over Pharaoh Run Creek in Marion County, West Virginia, the ‘Alex Angelino Memorial Bridge’”

            With the recommendation that the committee substitutes each be adopted.

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

            Your Committee on Rules has had under consideration:

            H. C. R. 14, The “Army Specialist Fifth Class Elton Dale Workman Memorial Bridge”,

            H. C. R. 25, Urging the West Virginia Governor’s Office and the Senate and House Finance Committees to include sufficient funds in the budget to eliminate the wait list for the Aged and Disabled Waiver Program,

            H. C. R. 40, Designating “Take Me Home Country Roads” an official state song,

            H. C. R. 57, Providing for the licensing of adult day health centers that implement a hybrid model of care,

            H. C. R. 58, Requesting a study on the growing needs for in-home care and personal services for West Virginia’s aging population,

            And,

            H. C. R. 59, Urging the Governor to direct the Bureau of Senior Services to issue a report on the needs for in-home care,

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

Bills Introduced

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

By Delegate Lane:

            H. B. 4388 - “A Bill to amend and reenact §3-8-12 of the Code of West Virginia, 1931, as amended, relating to prohibiting certain political fundraising activities for members of the Legislature during certain periods of time before, during and after the Legislature is in session; and providing that existing misdemeanor penalties apply”; to the Committee on the Judiciary.

By Delegates Skinner, Barrett and Lawrence:

            H. B. 4389 - “A Bill to amend and reenact §47-11A-8 of the Code of West Virginia, 1931, as amended, relating to unfair trade practices; and adding motor fuel to the list of products exempted from unfair trade practices”; to the Committee on the Judiciary.

By Delegates Butler, Pasdon, Ellem, Gearheart, Cooper, Storch, Folk, Kump, Cowles, Householder and Sobonya:

            H. B. 4390 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-1A-1, §18-1A-2, §18-1A-3, §18-1A-4 and §18-1A-5, all relating to public school curricular standards and assessments; definitions; development, establishment, and revision of curriculum standards; establishing Curriculum Content Standards Advisory Council; restrictions on collection of personally identifiable data; and conflict of law”; to the Committee on Education then Finance.

By Delegates Howell, Craig, Lynch, Skaff, R. Phillips, Tomblin, L. Phillips, Staggers, Longstreth, White and Morgan:

            H. B. 4391 - “A Bill to amend and reenact §17A-6-2a of the Code of West Virginia, 1931, as amended, relating to Dealer Recovery Fund and the operation of the Dealer Recovery Board”; to the Committee on Roads and Transportation then the Judiciary.

By Delegates Morgan, Diserio, Jones, D. Poling and Barker:

            H. B. 4392 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-16-1, §21-16-2, §21-16-3, §21-16-4, §21-16-5, §21-16-6, §21-16-7, §21-16-8, §21-16-9, §21-16-10 and §21-16-11; and by adding thereto a new article, designated §29-3E-1, §29-3E-2, §29-3E-3, §29-3E-4, §29-3E-5, §29-3E-6, §29-3E-7, §29-3E-8 and §29-3E-9, all relating to regulating persons who perform work on heating, ventilating and cooling systems and fire dampers; requiring persons who perform work on heating, ventilating and cooling systems to be licensed by the Commissioner of Labor; requiring persons who perform work on fire dampers to be licensed by the State Fire Marshal; providing for exemptions from licensure; authorizing the commissioner to promulgate legislative rules; authorizing the State Fire Marshal to promulgate legislative rules; authorizing enforcement procedures; authorizing interagency agreements; authorizing the issuance, renewal, denial, suspension and revocation of licenses; providing for criminal penalties; providing that no political subdivision of the state may mandate additional licensing requirements; and providing for the disposition of fees”; to the Committee on Government Organization then the Judiciary.

By Delegates Swartzmiller, Wells, Manypenny, Ellem, Paxton, Fragale, Craig and Storch:

            H. B. 4393 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-34-1, §19-34-2, §19-34-3, §19-34-4, §19-34-5, §19-34-6, §19-34-7, §19-34-8, §19-34-9 and §19-34-10, all relating to the regulation of dangerous wild animals; creating the Dangerous Wild Animals Act; setting forth findings and purpose; defining terms; creating the Dangerous Wild Animal Board; setting forth the duties of the board; requiring the board to create a list of dangerous wild animals by rule; permitting the board to issue a permit for a dangerous wild animal legally possessed prior to the effective date of the rules; prohibiting the possession of a dangerous wild animal thereafter; setting forth permit requirements; providing for confiscation and disposition of animals; permitting the suspension and revocation of permits; providing exemptions; providing rule-making authority; and establishing criminal and civil penalties”; to the Committee on Agriculture and Natural Resources then the Judiciary.

By Delegates M. Poling, Perry, Barrett, Lawrence, Campbell, Williams, Moye, Walker, Fragale, Tomblin and Young:

            H. B. 4394 - “A Bill to amend and reenact §18A-2-2, §18A-2-3 and §18A-2-7a of the Code of West Virginia, 1931, as amended; to amend and reenact §18A-3-1 of said code; and to amend and reenact §18A-4-7a, all relating to the filling of professional personnel positions in the public schools; adjusting dates for certain notices to accommodate flexibility in the beginning date of the instructional term; changing deadline for classroom teacher to give written notice of retirement and be paid bonus; defining critical need and shortage for substitute teachers; creating deadline for retirement before employment as substitute; requiring posting of positions on statewide job bank; removing funding for positions not posted as required; changing expiration date for provisions authorizing extended employment of retirees as substitutes; expanding purposes of statewide job bank; requiring uniform application and process for positions posted on job bank; requiring information on loan forgiveness on job bank; defining critical need and shortage area position; requiring continuous posting on job bank; requiring certain other positions to be posted as critical need and shortage positions; correcting references to outdated provisions; requiring issuance of additional content area certifications upon submission of certain test scores; clarifying certain provisions in teacher in residence program agreement; requiring principal and teachers to consider certain qualification in making recommendation for employment of classroom teacher; removing requirement for concurrence of superintendent; limiting resignation and employment in another county in professional positions after twentieth prior to instructional term subject to certain exception; requiring position postings on county website and statewide job bank and requiring information on loan forgiveness programs applicable to position; and making technical improvements”; to the Committee on Education.

Daily Calendar

Second Reading

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

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

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

            Com. Sub. for 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,

            Com. Sub. for H. B. 4236, Sexual assault nurse examination network,

            And,

            Com. Sub. for H. B. 4284, Pregnant Workers’ Fairness Act.

Leaves of Absence

            At the request of Delegate White, and by unanimous consent, leaves of absence for the day were granted Delegates Anderson, Barill, Ferns, Hamrick, Moore, E. Nelson, J. Nelson, Pasdon, Storch and Walters.

            At 1:35 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, February 4, 2014.

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