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Eighty-first Legislature

Second Regular Session

Held at Charleston

Published by the Clerk of the House

 

West Virginia Legislature

JOURNAL

of the

House of Delegates

colorseal.jpg



__________*__________



 

Thursday, February 20, 2014

FORTY-FOURTH 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, February 19, 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 applicable provisions of House Rule 136, relating to privileges of the floor, were suspended for the day to extend privileges of the floor to invited guests for presentations by the House.

            At the request of Delegate White, and by unanimous consent, the provisions of House Rule 69, relating to bills on the Local Calendar, were suspended for the remainder of the session.

 

Committee Reports

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

            By Delegates Moore, Campbell, Guthrie, Hartman, and Manypenny:

            H. C. R. 98 - “Requesting the Joint Committee on Government and Finance authorize a study on whether to establish a bank operated by the State.”

            WHEREAS, The Legislature is committed to serving the public by encouraging and promoting agriculture, commerce and industry; and

            WHEREAS, The State does not currently engage in the business of banking or own, control, or operate a bank; and

            WHEREAS, The state of North Dakota currently engages in the business of banking through ownership, control and operation of a bank known as the Bank of North Dakota; and

            WHEREAS, The Bank of North Dakota was established pursuant to North Dakota Century Code 6-09-01 for the purpose of encouraging and promoting agriculture, commerce, and industry; and

            WHEREAS, The Bank of North Dakota is not a member of the Federal Deposit Insurance Corporation but pursuant to North Dakota Century Code 6-09-10, all deposits in the Bank of North Dakota are guaranteed by the state; and

            WHEREAS, The deposit base of the Bank of North Dakota is unique in that its primary depositor is the State of North Dakota and all state funds and funds of state institutions are deposited with the Bank of North Dakota, as required by law; and

            WHEREAS, The Bank of North Dakota accepts other deposits from any source, including private citizens, businesses, and the United States government; and

            WHEREAS, The Bank of North Dakota is overseen by the North Dakota Industrial Commission and advised by a seven-member Advisory Board appointed by the Governor that reviews the bank’s operations and makes recommendations to the Industrial Commission relating to the bank’s management, services, policies, and procedures; and

            WHEREAS, The Bank of North Dakota administers several lending programs that promote agriculture, commerce, and industry as well as providing government-guaranteed loans for lenders and community, rural, and regional development loan funds; and

            WHEREAS, Legislators in other states, including Arizona, Massachusetts, California, Vermont, Massachusetts and the State of Virginia have studied the creation of a state-owned bank comparable to the Bank of North Dakota; and

            WHEREAS, The State is expected to have a budget shortfall in 2014 and North Dakota is expected to have a budget surplus by the end of its fiscal year 2014; and

            WHEREAS, The State would benefit from loaning funds to develop agriculture, commerce, and industry; and

            WHEREAS, By opening accounts in a bank owned, controlled and operated by the State, West Virginians would be able to invest in the growth of agriculture, commerce, and industry in the State; and

            WHEREAS, West Virginians with accounts in a bank owned, controlled, and operated by the State would benefit from a return on their investment in the form of loan interest and other revenues earned by the bank’s investments in agriculture, commerce, and industry in the State; and

            WHEREAS, The purpose of a bank owned, controlled, and operated by the State would be to invest in agriculture, commerce, and industry within the State; and

            WHEREAS, A need exists to determine if the State would benefit from the creation and operation of such a financial institution; now, therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study whether to establish a bank operated by the State in order to encourage and promote agriculture, commerce and industry, to determine the appropriate staffing needs and program costs to establish a bank operated by the State, and to prepare a report on the benefits and costs of such a bank; 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 expenses necessary to conduct this study and to prepare and draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

            Which was referred to the Committee on Rules.

            On motion for leave, resolutions were introduced (Originating in the Committee on Roads and Transportation and reported with the recommendation that they each be adopted), which were read by their titles, as follows:

By Delegates Staggers, Longstreth, Lynch, Moye, D. Poling, P. Smith, Stephens, Walker, Wells, Young, Ambler, Arvon, Butler, Cadle, Cowles, D. Evans, Hamrick, Howell and Shott:

            H. C. R. 99 - “Requesting the Joint Committee on Government and Finance study the operation of a motor vehicle in the left lane on a controlled-access highway.”

            Whereas, Current code requires motorists to drive upon the right half of a roadway of sufficient width, but does not specifically extend those provisions to controlled-access highways; and

            Whereas, Motorists maintaining the left half of a controlled-access highway for extended time, may draw the attention of law enforcement to initiate a traffic stop or intra-vehicular communication to encourage said motorist to occupy the right half of the highway; and

            Whereas, Dangers do exist for motorists occupying the left half of controlled-access highways as this lane is generally used for overtaking right-half traffic, allowing fellow motorists to merge onto the highway from an entrance ramp or shoulder, and avoiding obstacles contained in the right-half lanes; and  

            Whereas, The right-half of controlled-access highways is reserved for slower moving traffic; and

            Whereas, If a motorist is occupying the left-half of a controlled-access highway at a rate of speed matching that of a motorist in the adjacent lane, traffic congestion is likely to form as motorists traveling faster would be forced to reduce their speed; and

            Whereas, Sudden reduction of speed of one or more motorists on a controlled-access highway can lead to severe traffic accidents causing loss of property, injury to, or even death of motorists; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study the operation of a motor vehicle in the left lane on a controlled-access highway; and, be it

            Further Resolved, that the Joint Committee on Government and Finance report to the Legislature, on the first day of the regular session, two thousand fifteen, on its findings, conclusions and recommendations together with drafts of any legislation to effectuate its recommendations; and, be it,

            Further Resolved, That the 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.

            And,

By Delegates Staggers, Longstreth, Lynch, Moye, D. Poling, M. Smith, Stephens, Walker, Wells, Young, Ambler, Arvon, Butler, Cadle, Cowles, Espinosa, D. Evans, Gearheart, Hamrick, Howell, and Shott:

            H. C. R. 100 - “Requesting the Joint Committee on Government and Finance study ways to improve the efficiency of and find other cost saving measures within the West Virginia Division of Highways to continue its ability to function at top levels in the face of demanding financial circumstances.”

            Whereas, The budget of West Virginia continues to shrink each fiscal year, leaving all state agencies to reduce their spending accordingly; and

            Whereas, As vehicles become more and more fuel efficient, less revenue is created through fuel taxes, while also increasing the use of and burden on the highway system infrastructure as it has become less expensive for consumers to travel in fuel efficient vehicles; and

            Whereas, The recent cold winters, hot summers, and rainy springs and autumns have created a menagerie of new highway repair needs in a highway system that already faces repair challenges; and

            Whereas, New highway construction has waned in recent years, leaving many residents to travel dangerous roads and alternative routes where more direct, safer routes would be created with new highway construction; and

            Whereas, West Virginia Governor Earl Ray Tomblin created by executive order the West Virginia Blue Ribbon Commission on Highways to explore new methods of funding the current highway system, it’s maintenance, and future construction; and

            Whereas, The Division of Highways itself is in the process of finding new and alternative funding mechanisms to fill budget gaps without dramatically reducing services and the effectiveness of these services; and

            Whereas, As all West Virginians share the use of the state’s highway system, it is in every resident’s best interest to find solutions to highway funding obstacles to continue to encourage positive economic development; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study ways to improve the efficiency of and find other cost saving measures within the West Virginia Division of Highways to continue its ability to function at top levels in the face of demanding financial circumstances; and, be it

            Further Resolved, that the West Virginia Department of Transportation and Division of Highways be encouraged to cooperate in such a study; and, be it,

            Further Resolved, that the Joint Committee on Government and Finance report to the Legislature, on the first day of the regular session, two thousand fifteen, on its findings, conclusions and recommendations together with drafts of any legislation to effectuate its recommendations; and, be it,

            Further Resolved, That the 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.

            Which were referred to the Committee on Rules.

            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. 4350, Providing for the awarding of a West Virginia Veterans Medal and ribbon, and a West Virginia Service Cross and ribbon to certain qualifying West Virginia Veterans,

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

            Com. Sub. for H. B. 4350 - “A Bill to amend of the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-1G-10, relating to providing for the awarding of a West Virginia veterans service decoration, and a West Virginia Service Cross and ribbon to certain qualifying West Virginia veterans; and providing rule-making authority.”

            With the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bill to the Committee on the Judiciary be dispensed with.

            In the absence of objection, reference of the bill (Com. Sub. for H. B. 4350) to the Committee on the Judiciary was abrogated.

            At the respective requests of Delegate White, and by unanimous consent, the bill was taken up for immediate consideration, read a first time and ordered to second reading.

            Delegate White moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.

            On this question, the yeas and nays were taken (Roll No. 111), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:

            Absent and Not Voting: Barill, Lane, J. Nelson, Paxton, L. Phillips and R. Smith.

            So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.

            The bill was then read a second time and ordered to engrossment and third reading.

            Having been engrossed, the bill was then read a third time and put upon its passage.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 112), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:

            Absent and Not Voting: Barill, Lane, J. Nelson, Paxton, L. Phillips and R. Smith.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4350) passed.

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

            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. 3156, Granting a labor organization a privilege from being compelled to disclose any communication or information the labor organization or agent received or acquired in confidence from an employee, 

            And,

            H. B. 4380, Making the Department of Corrections and the Department of Health, and their respective workplaces, subject to the Occupational Safety and Health Act,

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

            In accordance with the former direction of the Speaker, the bills (H. B. 3156 and H. B. 4380) were each 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. 4474, Relating to prohibition on higher copayments or coinsurance for certain providers, 

            And,

            H. B. 4487, Relating to travel insurance limited lines producers,  

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

            In accordance with the former direction of the Speaker, the bills (H. B. 4474 and H. B. 4487) were each referred to the Committee on the Judiciary.

            Delegate Moore, 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. 4521, Relating to financing statements covering as-extracted collateral or timber,

            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. 4521) was referred to the Committee on the Judiciary.

            Delegate Moore, 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. 4360, Relating to consumer credit protection,

            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. 4360) was referred to the Committee on the Judiciary.

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

            Your Committee on Political Subdivisions has had under consideration:

            H. B. 4485, Making it clear that municipalities have the power to both increase and decrease the number of voting wards and/or council members,

            H. B. 4491, Relating to where certificates of nomination are filed for municipal elections,

            And,

            H. B. 4583, Relating to the regulation of dilapidated buildings,

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

            In accordance with the former direction of the Speaker, the bills (H. B. 4485, H. B. 4491 and H. B. 4583) were each referred to the Committee on the Judiciary.

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

            Your Committee on Political Subdivisions has had under consideration:

            H. B. 4517, Relating to cancelling certificates of title for certain mobile and manufactured homes,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 4517) was referred to the Committee on the Judiciary.

            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. 4525, Eliminating late fees charged by the Secretary of State,

            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. 4525) was referred to the Committee on the Judiciary.

            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. 4352, Requiring entities that receive public moneys for the purpose of economic development to file an annual report,

            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 Finance.

            In accordance with the former direction of the Speaker, the bill (H. B. 4352) was referred to the Committee on Finance.

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

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

            H. B. 4523, Relating to the West Virginia fertilizer law,

            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. 4523) was referred to the Committee on Judiciary.

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

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

            Com. Sub. for S. B. 353, Relating to timber theft in state forests,

            And,

            Com. Sub. for S. B. 357, Relating to Logging Sediment Control Act civil and criminal penalties,

            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 bills (Com. Sub. for S. B. 353 and Com. Sub. for S. B. 357) were each referred to the Committee on the Judiciary.

            Delegate Perdue, from 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. 4245, Requiring certain professional boards regulating health care professions to gather information for the Higher Education Policy Commission and the Legislative Oversight Commission,

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

            Com. Sub. for H. B. 4245 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-1-20, relating to anticipated retirement dates of certain health care professionals; requiring certain health care related professional licensing boards to request that licensees provide their anticipated retirement dates; and requiring data on anticipated retirement dates to be included in the boards’ annual reports,”

            With the recommendation that the committee substitute 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:

            S. B. 208, Relating to Rural Health Initiative 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 Education.

            In accordance with the former direction of the Speaker, the bill (S. B. 208) was referred to the Committee on Education.

            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:

            Com. Sub. for S. B. 336, Relating to possession and administration of opioid antagonist,

            And,

            Com. Sub. for S. B. 395, Relating to operation and oversight of certain human services benefit programs,

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

            In accordance with the former direction of the Speaker, the bills (Com. Sub. for S. B. 336 and Com. Sub. for S. B. 395) were each referred to the Committee on the Judiciary.

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

            Your Committee on the Energy has had under consideration:

            H. B. 4480, Relating to investment of the Acid Mine Drainage Fund,

            And,

            H. B. 4551, Improving coal mine health and safety by requiring automatic de-energization of an extraction apparatus when methane concentration is one and five-tenths (1.5) percent,

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

            In accordance with the former direction of the Speaker, the bills (H. B. 4480 and H. B. 4551) were each referred to the Committee on the Judiciary.

            Delegate Williams, Chair of the Committee on Senior Citizen Issues, submitted the following report, which was received:

            Your Committee on Senior Citizen Issues has had under consideration:

            Com. Sub. for S. B. 397, Expanding scope of activities considered financial exploitation of elderly,

            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 (Com. Sub. for S. B. 397) was referred to the Committee on the Judiciary.

            Delegate Poling, Chair of the Committee on Education, submitted the following report, which was received:

            H. B. 4501, Providing that law-enforcement officers employed as school security be allowed to carry firearms on school property under certain circumstances,

            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. 4501) was referred to the Committee on the Judiciary.

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

            Your Committee on Finance has had under consideration:

            H. B. 4256, Amending the annual salary schedule for members of the state police,

            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 given further consideration to:

            H. B. 4001, Creating the False Claims Act,

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

            Com. Sub. for H. B. 4001 - “A Bill to amend and reenact §9-7-6 the Code of West Virginia, 1931, as amended, and to amend said code by adding thereto a new article, designated §14-4-1, §14-4-2, §14-4-3, §14-4-4, §14-4-5, §14-4-6, §14-4-7, §14-4-8, §14-4-9 and §14-4-10, all relating to creating the False Claims and Taxpayer Protection Act of 2014; amending the fraud and abuse in Medicaid program to provide for damages under the Act; prohibited acts; damages, costs and civil penalties; limitations on damages; responsibilities of the Attorney General; civil actions by private persons; rights of parties; awards to plaintiffs; the barring of certain civil actions; state not liable for the expenses of private litigants; private action for retaliatory conduct; limitation of actions; and state intervention in action by private person,”

            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, without amendment, of concurrent resolutions of the House of Delegates as follows:

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

            Com. Sub. for H. C. R. 13, The “Thomas H. Stafford Memorial Bridge”,

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

            And,

            Com. Sub. for H. C. R. 55, Alex Angelino Memorial Bridge.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate, with amendment, of a concurrent resolution of the House of Delegates as follows:

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

            On motion of Delegate White, the resolution was taken up for immediate consideration.

            The following Senate amendment was reported by the Clerk:

            On page two, after the seventh Whereas clause, by inserting a new Whereas clause to read as follows:

            Whereas, Elton Dale Workman passed away on July 13, 2007; and”.

            On page two, in the Resolved clause, by striking out the words “‘Army Specialist Fifth Class” and inserting in lieu thereof the words “‘U.S. Army SP5”.

            On page two, in the first Further Resolved clause, by striking out the words “Specialist Fifth Class” and inserting in lieu thereof the words “‘U.S. Army SP5”.

            And,

            By amending the title of the resolution to read as follows:

            H. C. R. 14 - “Requesting that bridge number 8-15-4.55 (BARS Number 08A032) crossing Dog Run on West Virginia Route 15, in Clay County, West Virginia, be named the ‘U. S. Army SP5 Elton Dale Workman Memorial Bridge’.”

            On motion of Delegate White, the House of Delegates concurred in the Senate amendments.

            The resolution, as amended by the Senate, was then adopted.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate, with amendment, of a concurrent resolution of the House of Delegates as follows:

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

            On motion of Delegate White, the resolution was taken up for immediate consideration.

            The following Senate amendment was reported by the Clerk:

            On page one, by striking out everything after the title and inserting in lieu thereof the following:

            Whereas, William Lewis Reger was born on February 20, 1945, in Buckhannon, West Virginia; and

            Whereas, William Lewis Reger was a son of the late Bob and Gwen Reger; and

            Whereas, William Lewis Reger was a 1963 graduate of Buckhannon-Upshur High School, graduated from West Virginia Wesleyan College in 1967 with a major in chemistry and was a graduate assistant at Marshall University; and

            Whereas, William Lewis Reger was an Eagle Scout, a member of the First United Methodist Church, a member of the Kappa Alpha Order and played football at both Buckhannon-Upshur High School and West Virginia Wesleyan College; and

            Whereas, William Lewis Reger joined the Army in July 1968 and began his tour of duty on April 22, 1969; and

            Whereas, Army Specialist Fourth Class Reger was a Field Communications Electronics Equipment Mechanic with D Company, 1st Battalion, 12th Infantry; and

            Whereas, Army Specialist Fourth Class Reger died on November 8, 1969, in Tay Ninh, South Vietnam; and

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

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 49-151-0.68 (49A069) on Route 151 in Upshur County, West Virginia, the “U. S. Army SP4 William Lewis Reger 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 SP4 William Lewis Reger 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 Army Specialist Fourth Class Reger’s three brothers, Robert H. (Bob) Reger, Jr., John E. (Jack) Reger and James P. (Jim) Reger.

            And,

            By amending the title of the resolution to read 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 “U. S. Army SP4 William Lewis Reger Memorial Bridge”.

            On motion of Delegate White, the House of Delegates concurred in the Senate amendments.

            The resolution, as amended by the Senate, was then adopted.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate, with amendment, of a concurrent resolution of the House of Delegates as follows:

            Com. Sub. for H. C. R. 23, The “Army Sgt. Walter William Smith Memorial Bridge”.

            On motion of Delegate White, the resolution was taken up for immediate consideration.

            The following Senate amendment was reported by the Clerk:

            On page one, by striking out everything after the title and inserting in lieu thereof the following:

            Whereas, Walter William Smith was born on March 9, 1920, in Buckhannon, Upshur County, West Virginia; and

            Whereas, Walter William Smith enlisted in the engineering corps of the Army in 1940 at St. Louis, Missouri; and

            Whereas, Sergeant Walter William Smith was awarded a Purple Heart, Good Conduct Medal and three battle stars; and

            Whereas, Sergeant Smith was killed in action at Kasserine Pass, North Africa, on February 19, 1943; and

            Whereas, It is fitting to honor Sergeant Smith’s life and service by naming bridge number 49-13-1.57 in Upshur 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 49-13-1.57 (49A102) in Upshur County, as the “U. S. Army Sgt. Walter William Smith 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. Army Sgt. Walter William Smith 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 Sergeant Smith’s surviving relatives.

            And,

            By amending the title of the bill to read 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 the ‘U. S. Army Sgt. Walter William Smith Memorial Bridge’.”

            On motion of Delegate White, the House of Delegates concurred in the Senate amendments.

            The resolution, as amended by the Senate, was then adopted.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate, with amendment, of a concurrent resolution of the House of Delegates as follows:

            Com. Sub. for H. C. R. 27, The Audra Park Bridge in Memory of Army Sergeant John A. Charnoplosky.

            On motion of Delegate White, the resolution was taken up for immediate consideration.

            The following Senate amendments were reported by the Clerk:

            On page two, in the Resolved clause, by striking out the words “The Audra Park Bridge in Memory of Army Sergeant John A. Charnoplosky’” and inserting in lieu thereof the words “the ‘U. S. Army Sergeant John A. Charnoplosky Memorial Bridge”;

            On page two, in the first Further Resolved clause, by striking out the words “The Audra Park Bridge in Memory of Army Sergeant John A. Charnoplosky” and inserting in lieu thereof the words “the ‘U. S. Army Sergeant John A. Charnoplosky Memorial Bridge’”.

            And,

            By amending the title of the resolution to read as follows:

            Com. Sub. for H. C. R. 27 - “Requesting that bridge number 1-11-6.35 (01A016), located .01 mile east of County Route 36 on County Route 11 and crossing over the Middle Fork River, be renamed the ‘U. S. Army Sergeant John A. Charnoplosky Memorial Bridge’.”

            On motion of Delegate White, the House of Delegates refused to concur in the Senate amendments and requested the Senate to recede therefrom.

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

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate, with amendment, of a concurrent resolution of the House of Delegates as follows:

            Com. Sub. for H. C. R. 35, The Arden Bridge in Memory of Abbie Gall.

            On motion of Delegate White, the resolution was taken up for immediate consideration.

            The following Senate amendments were reported by the Clerk:

            On page one, in the Resolved clause, by striking out the words “The Arden Bridge in Memory of Abbie Gall” and inserting in lieu thereof the words “Abbie Gall Memorial Bridge”.

            On page two, in the first Further Resolved clause, by striking out the words “The Arden Bridge in Memory of Abbie Gall” and inserting in lieu thereof the words “Abbie Gall Memorial Bridge”.

            And,

            By amending the title of the bill to read as follows:

            Com. Sub. for H. C. R. 35 - “Requesting the Division of Highways to name bridge number 1-12-6.12 (01A119) the Arden Plate Girder carrying Route 12 across the Tygart River in Arden, Barbour County, the ‘Abbie Gall Memorial Bridge.”

            On motion of Delegate White, the House of Delegates refused to concur in the Senate amendments and requested the Senate to recede therefrom.

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

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate, with amendment, of a concurrent resolution of the House of Delegates as follows:

            Com. Sub. for H. C. R. 37, Army Sergeant Charles Leo Dulaney Memorial Bridge.

            On motion of Delegate White, the resolution was taken up for immediate consideration.

            The following Senate amendments were reported by the Clerk:

            On page two, in the Resolved clause, before the word “Army”, by inserting “U. S.”.

            On page two, in the first Further Resolved clause, before the word “Army”, by inserting “U. S.”.

            And,

            By amending the title of the bill to read as follows:

            Com. Sub. for H. C. R. 37 - “Requesting that bridge number 52-20-16.81 (52A134), located on Route 20, crossing over Fishing Creek, at Pine Grove, Wetzel County, West Virginia, and locally known as the North End Bridge, be named the ‘U. S. Army Sergeant Charles Leo Dulaney Memorial Bridge’.”

            On motion of Delegate White, the House of Delegates concurred in the Senate amendments.

            The resolution, as amended by the Senate, was then adopted.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

            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. 21 - “Requesting the Division of Highways name bridge number 41-1-13.03, located on Route 1 over Clear Creek at the mouth of Toney’s Fork Road adjacent to the Presbyterian Church in Raleigh County, known as Artie Bridge Number 2, the ‘U. S. Army PFC Shelby Dean Stover Memorial Bridge’.”

            Whereas, Shelby Dean Stover was born on July 15, 1948, in Ameagle, West Virginia; and

            Whereas, Shelby Dean Stover served West Virginia and his country as an infantryman in the U. S. Army; and

            Whereas, Shelby Dean Stover was killed in Vietnam by enemy forces on September 23, 1969, the only member of his community to die in action; and

            Whereas, Shelby Dean Stover represented the best of his community, being a friend to others, a good athlete and most of all willing to serve his country without hesitation; and

            Whereas, It is fitting to honor Shelby Dean Stover 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 41-1-13.03, located on Route 1 over Clear Creek at the mouth of Toney’s Fork Road adjacent to the Presbyterian Church in Raleigh County, known as Artie Bridge Number 2, the “U. S. Army PFC Shelby Dean Stover 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 PFC Shelby Dean Stover 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, Dennis Williams and the family of U. S. Army Private First Class Shelby Dean Stover.

            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:

            S. C. R. 22 - “Requesting the Division of Highways to name the I-81 Exit 23 overpass in DOH District 5 the ‘Deputy John L. Burkett III Memorial Overpass’.”

            Whereas, John L. Burkett III of Falling Waters, Berkeley County, West Virginia, was born in 1973, the son of John and Jackie Burkett; and

            Whereas, John L. Burkett III was a one-year veteran of the Berkeley County Sheriff’s Department on January 31, 2001, when he was assigned to extradite a felon from Pennsylvania back to Berkeley County for adjudication on West Virginia charges; and

            Whereas, While carrying out his assignment, Deputy John L. Burkett III was struck head on by an impaired driver going northbound in the southbound lane; and

            Whereas, Deputy John L. Burkett III was immediately killed as a result of this collision, leaving behind his parents and host of family and friends, all of whom miss him sorely; and

            Whereas, Deputy Burkett was survived by his mother and father, who he resided with at the time of his death; and

            Whereas, It is fitting and proper to honor Deputy John L. Burkett III and his family for his service to his community and state by naming this overpass in his memory as an everlasting tribute to his sacrifice; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the I-81 Exit 23 overpass in DOH District 5, the “Deputy John L. Burkett III Memorial Overpass”; 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 “Deputy John L. Burkett III Memorial Overpass”; 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. B. 23 - “Requesting the Division of Highways to name bridge number 3-17-8.80, locally known as the Low Gap Bridge, crossing the Spruce Fork of the Little Coal River on Route 17 in Low Gap, Boone County, the ‘USMC PFC Marshall Lee King Memorial Bridge’.”

            Whereas, PFC King was born on July 5, 1924, in Coalwood, McDowell County, and grew up in Low Gap, Boone County; and

            Whereas, PFC King served in the U. S. Marine Corps and was killed in action on May 19, 1945, on the Ryukyu Islands of Okinawa; and

            Whereas, During his time serving our nation, PFC King was awarded the Purple Heart, the Asiatic-Pacific Campaign Medal and World War II Victory Medal; and

            Whereas, It is fitting and proper that PFC King be remembered and acknowledged for his courageous action and dedicated 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 3-17-8.80, locally known as the Low Gap Bridge, crossing the Spruce Fork of the Little Coal River on Route 17 in Low Gap, Boone County, the “USMC PFC Marshall Lee King 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 proclaiming it the “USMC PFC Marshall Lee King 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 of PFC Marshall Lee King.

            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. B. 25 - “Requesting that the portion of State Route 37 from the Town of Wayne to the Lincoln County line be named the ‘U. S. Army SP4 Darrell W. Sanders Memorial Highway’.”

            Whereas, Darrell W. Sanders, born on October 6, 1945, was the son of Lakie Epling Sanders and Early Sanders; and

            Whereas, Darrell W. Sanders was a resident of East Lynn, Wayne County, West Virginia, and was a graduate of Wayne High School; and

            Whereas, Darrell W. Sanders had eight brothers and sisters; and

            Whereas, Darrell W. Sanders was drafted into the United States Army soon after graduating from Wayne High School and, following training, was deployed to South Vietnam; and

            Whereas, Specialist Fourth Class Darrell W. Sanders was an infantryman in Company C, Second Battalion, Seventh Cavalry Regiment; and

            Whereas, Specialist Fourth Class Darrell W. Sanders participated in the Battle of La Drang Valley, South Vietnam, a five-day battle which was the first major battle of the Vietnam War between regular forces of the United States and regular forces of the Peoples’ Army of North Vietnam; and

            Whereas, The Battle of La Drang Valley was fought between November 11 and November 18, 1965; and

            Whereas, After two days and nights of heavy fighting on November 14 to November 16, the initial Vietnamese assault was repulsed, but during a surprise followup attack on November 17 the enemy forces overran Specialist Fourth Class Darrell W. Sanders’ unit in what was the deadliest ambush of a United States unit during the course of the entire war; and

            Whereas, Specialist Fourth Class Darrell W. Sanders was killed in the battle on November 17, 1965; and

            Whereas, Specialist Fourth Class Darrell W. Sanders’ name appears on the Vietnam War Memorial, Panel 03E Line 091; and

            Whereas, It is fitting that an appropriate memorial recognizing this soldier’s service and sacrifice be established in the area where he lived; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the portion of State Route 37 from the Town of Wayne to the Lincoln County line the “U. S. Army SP4 Darrell W. Sanders Memorial Highway”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the designated highway containing bold and prominent letters proclaiming that portion of State Route 37 the “U. S. Army SP4 Darrell W. Sanders 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:

            S. C. R. 26 - “Requesting the Division of Highways to rename County Route 35/3 near the community of Doane in Wayne County from the ‘Coal Haul Road’ to the ‘Stonewall Veterans Memorial Highway’.”

            Whereas, It is fitting to honor Stonewall Veterans by renaming this highway in their memory as an everlasting tribute to their service to their community and state; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to rename County Route 35/3 near the community of Doane in Wayne County from the “Coal Haul Road” to the “Stonewall Veterans Memorial Highway”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying this highway as the “Stonewall Veterans 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. 28 - “Requesting the Division of Highways to name the stretch of road on CR 10/17, approximately at mile post 1.22 as measured on Google Earth from the intersection of CR 10/17 and CR 710/6, a distance of 0.68 miles beyond the indicated point in Lyburn, Logan County, the ‘Joshua Walls Memorial Highway’.”

            Whereas, Joshua Walls was born October 16, 1987, to Terry (deceased) and Diana Walls. He had three sisters: Shawn Walls, Sandy Walls and Terri Walls, all deceased; and

            Whereas, Joshua Walls died on January 18, 2012. Josh was a graduate of Man High School, class of 2005, attended Lyburn Freewill Baptist Church and was loved; and

            Whereas, Josh, his father and his sister Terri all passed away from the same disease, dyskeratosis congenita. It was believed that Josh would not live past the age of eighteen, but he lived to be twenty-four years of age and rarely complained about his illness; and

            Whereas, It is only fitting that we honor Joshua Walls and provide awareness of the disease that took his life, for his dedicated and selfless contributions to his community and Logan County in the face of this debilitating disease; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the stretch of road on CR 10/17, approximately at mile post 1.22 as measured on Google Earth from the intersection of CR 10/17 and CR 710/6, a distance of 0.68 miles beyond the indicated point in Lyburn, Logan County, the “Joshua Walls Memorial Highway”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the stretch of road as the “Joshua Walls 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 Secretary of the Department of Transportation and to the surviving relatives of Joshua Walls.

            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:

            S. C. R. 31 - “Recognizing the National Radio Astronomy Observatory’s West Virginia Center for STEM Education located in Green Bank, West Virginia, as a preeminent facility for scientific, engineering, machining and STEM education.”

            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 areas 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 more than six thousand hours every year; and

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

            Whereas, The National Radio Astronomy Observatory has more than fifty years’ 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 site; and

            Whereas, The National Radio Astronomy Observatory is poised to expand its STEM education 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 equals or exceeds $29 million and is one of the largest employers within Pocahontas County; and

            Whereas, The Green Bank Telescope has received approximately $119 million from the United States Congress and the National Science Foundation; and

            Whereas, The National Science Foundation’s Astronomy Portfolio Review Committee recommended in 2012 that the Robert C. Byrd Green Bank Telescope will cease to be funded over a five-year period; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature hereby recognizes the National Radio Astronomy Observatory’s West Virginia Center for STEM Education located in Green Bank, West Virginia, as a preeminent facility for scientific, engineering, machining and STEM education; and, be it

            Further Resolved, That the Legislature recognizes Green Bank STEM Education as an exemplary school for STEM education that will work in conjunction with other STEM-related academies and entities throughout the State of West Virginia; and, be it

            Further Resolved, That the Legislature encourages the National Radio Astronomy Observatory’s Green Bank facility create an equal partnership with Marshall University and West Virginia University for the purposes noted herein; and, be it

            Further Resolved, That the State of West Virginia will seek funding to preserve and enhance the asset, the Robert C. Byrd Green Bank Telescope, for educational and scientific purposes; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Robert C. Byrd Green Bank Telescope, Marshall University and West Virginia University.

             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. 167 - “A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Revenue; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the State Tax Department to promulgate a legislative rule relating to the municipal sales and service and use tax administration; authorizing the State Tax Department to promulgate a legislative rule relating to the special reclamation tax credit; authorizing the State Tax Department to promulgate a legislative rule relating to the withholding or denial of personal income tax refunds from taxpayers who owe municipal or magistrate court costs; authorizing the Insurance Commissioner to promulgate a legislative rule relating to utilization review and benefit determination; authorizing the Insurance Commissioner to promulgate a legislative rule relating to a health plan insurer internal grievance procedure; authorizing the Insurance Commissioner to promulgate a legislative rule relating to external review of adverse health insurance determinations; authorizing the Alcohol Beverage Control Commission to promulgate a legislative rule relating to private club licensing; authorizing the Alcohol Beverage Control Commission to promulgate a legislative rule relating to farm wineries; authorizing the Alcohol Beverage Control Commission to promulgate a legislative rule relating to the sale of wine; authorizing the Alcohol Beverage Control Commission to promulgate a legislative rule relating to nonintoxicating beer licensing and operations procedures; and authorizing the Racing Commission to promulgate a legislative rule relating to thoroughbred racing”; which was referred to the Committee on 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 

            Com. Sub. for S. B. 315 - “A Bill to amend and reenact §15-1J-3 and §15-1J-4 of the Code of West Virginia, 1931, as amended, all relating to authorizing the West Virginia Military Authority to administer national security, homeland security and other military-related or -sponsored programs; redefining ‘employee’; expanding with whom the authority may contract to include any state, territory or the District of Columbia; and authorizing the authority to accept and use funds from the federal government, any state and other specified entities for the purposes of national security, homeland security and other military-related or -sponsored programs”; which was referred to the Committee on Finance.

            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. 328 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-13R-13, relating to expiration of the Strategic Research and Development Tax Credit”; which was referred to the Committee on Finance.

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2014, and requested the concurrence of the House of Delegates in the passage, of

             Com. Sub. for S. B. 376 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-3-22, relating to safety and welfare of employees at certain public improvement sites by public authorities; defining terms; requiring onsite employees at certain public improvement sites to complete an Occupational Safety and Health Administration-approved ten-hour construction safety program; requiring the retention of training records; providing for incremental implementation period for mandate; providing the Commissioner of Labor to issue cease-and-desist notices in certain situations; providing civil penalties for violations; creating a misdemeanor offense and providing criminal fines for exhibiting false documents; exempting certain construction activities and persons from application of this section; and requiring a report from the Commissioner of Labor on effectiveness of the safety training”; which was referred to the Committee on 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 

            Com. Sub. for S. B. 427 - “A Bill to amend and reenact §17D-2A-2, §17D-2A-5 and §17D-2A-7 of the Code of West Virginia, 1931, as amended, all relating to requiring a certificate of insurance to be in effect during the entire term of the vehicle registration period; permitting a discretionary electronic acknowledgment exception; clarifying that certain security provisions do not apply to commercial vehicles insured under commercial auto coverage; removing the requirement that insurance companies must notify the Division of Motor Vehicles when a policyholder’s vehicle insurance has been canceled; removing an outdated reporting requirement; clarifying and increasing the penalties for vehicle owners who do not have the required security in effect; replacing the driver’s license suspension penalty of a person who knowingly operates a vehicle without the required security with a provision stating that a person who is not the vehicle owner and who is convicted of operating a motor vehicle that does not have the required security shall have the conviction placed on the driver’s license record; directing that fees collected for reinstatement of a driver’s license be deposited in the Motor Vehicle Fees Fund; and prohibiting the Division of Motor Vehicles from taking action against a person cited for driving without insurance if the citation is received by the division more than one year from the date of the offense”; which was referred to the Committee on 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. 457 - “A Bill to amend and reenact §31-20-5h of the Code of West Virginia, 1931, as amended, relating to programs for inmates committed to state correctional facilities; requiring programs offered in regional jails to be the same as those offered in a Division of Corrections facility; requiring Division of Corrections employees or designees of the Commissioner of Corrections to provide said courses and classes; and authorizing the Regional Jail and Correctional Facility Authority and Division of Corrections to agree to designate certain facilities where said classes and programs are to be provided”; which was referred to the Committee on the Judiciary then Finance.

            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

            S. B. 480 - “A Bill to amend and reenact §17A-4A-15 of the Code of West Virginia, 1931, as amended, relating to liens on vehicles; expanding the period during which a recorded lien on a vehicle is valid; expanding the period during which a refiled lien on a vehicle is valid; and clarifying that the lienholder may refile a lien or encumbrance without obtaining the owner’s consent”; which was referred to the Committee on 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 

            Com. Sub. for S. B. 540 - “A Bill to amend and reenact §18-2-25 of the Code of West Virginia, 1931, as amended, relating to requiring the West Virginia Secondary School Activities Commission to promulgate rules that allow a college preparatory team to elect to be recognized as a member; and setting forth provisions the rule shall include”; which was referred to the Committee on Education.

Resolutions Introduced

            Delegates Westfall, Ashley, Walker, Campbell, Hartman, Boggs, Sponaugle, Cadle, Householder, Espinosa and P. Smith offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 101- “Requesting the Division of Highways name a section of United States Route 33 from the Ritchie Bridge in Ravenswood, Jackson County to its intersection with Interstate 79 at Exit 99 in Lewis County, and from where United States Routes 219 and 33 diverge just north of Elkins in Randolph County to the Randolph/Pendleton County line ‘The Historic Blue-Gray Highway’.”

            Whereas, The stretch of United States Route 33 from Ravenswood, Jackson County, east to Weston, Lewis County, has always been known as the Blue-Gray Highway in recognition of its proximity to many battles and skirmishes that took place during the Civil War; and

            Whereas, That stretch of United States Route 33 traverses Jackson, Roane, Calhoun and Lewis Counties; and

            Whereas, 2013 marked the sesquicentennial of West Virginia’s birth as a state; 150 years ago, while the nation was torn apart by the Civil War, West Virginia became America’s 35th state; and

            Whereas, It is fitting and proper that the Legislature recognize this historic event by officially acknowledging the role played by the area traversed by United States Route 33, known by its residents and visitors as the Blue-Gray Highway; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways name a section of United States Route 33 from the Ritchie Bridge in Ravenswood, Jackson County to its intersection with Interstate 79 at Exit 99 in Lewis County, and from where United States Routes 219 and 33 diverge just north of Elkins in Randolph County to the Randolph/Pendleton County line “The Historic Blue-Gray Highway”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the section of United States Route 33 from the Ritchie Bridge in Ravenswood, Jackson County to Weston, Lewis County “The Historic Blue-Gray Highway”; 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.

Petitions

            Delegates Eldridge and Barker presented a resolution adopted by the Boone County Board of Education supporting the passage of a multi-year salary increase for all school employees; which was referred to the Committee on Finance.

            Delegate Canterbury presented a petition on behalf of his constituents, in support of H. B. 4435 and S. B. 460, Adding the West Virginia School of Osteopathic Medicine (WVSOM) to the list of state institutions of higher education that are permitted to invest certain moneys with its foundation; which was referred to the Committee on Finance.

Daily Calendar

Unfinished Business

            H. R. 10, Relating to requiring that a Water Impact Statement be attached to proposed legislation affecting water; coming up in regular order, as unfinished business, was reported by the Clerk.

            The Speaker propounded “Shall the resolution be rejected?”

            Delegate Sobonya then moved to amend the resolution by expanding the resolution to include a West Virginia Job Impact Statement.

            Delegate Swartzmiller arose to a point of order as to the germaneness of the amendment.

            To the point of order the Speaker replied, stating that the fundamental purpose of the amendment was not germane to the fundamental purpose of the bill.

            The question being “Shall the resolution be rejected?”, the same was put and prevailed.

            The following resolutions, coming up in regular order, as unfinished business, were reported by the Clerk and adopted:

            H. C. R. 11, The “Pendleton County Union Veterans Memorial Bridge”,

            H. C. R. 12, The “Pendleton County Confederate Veterans Memorial Highway”,

            Com. Sub. for H. C. R. 17, The “Captain Isaac Alt West Virginia Militia Memorial Bridge”,

            Com. Sub. for H. C. R. 18, The “Dr. H. Luke Eye Bridge”,

            Com. Sub. for H. C. R. 45, U.S. Army SFC Bob L. VandeLinde Bridge,

            Com. Sub. for H. C. R. 53, Julian, Earl and Edward Hill Brothers Memorial Bridge,

            And,

            Com. Sub. for H. C. R. 56, Army SSG Jesse Adam Ault Memorial Bridge.

            Com. Sub. for H. C. R. 64, SSG Earl F. Brown Memorial Bridge; on unfinished business, coming up in regular order, was, on motion of Delegate White, laid over.

            Com. Sub. for H. C. R. 70, U.S. Army Sgt. Matthew D. Hunter Memorial Bridge; on unfinished business, coming up in regular order, was, on motion of Delegate White, laid over.

            The following resolutions coming up in regular order, as unfinished business, were reported by the Clerk and adopted:

            Com. Sub. for H. C. R. 72, Roy Elmer “Doc” Moon Bridge,

            H. C. R. 75, Army SPC 4 Marvin Dewayne Canterbury Memorial Highway,

            Com. Sub. for H. C. R. 76, Army PFC Richard Lee Lakin Memorial Bridge,

            And,

            H. C. R. 83, Requesting Congress erect a national monument to motherhood.

Third ReadingS. B. 402, Permitting recovery of service charge and fees charged to Tax Commissioner by financial institutions; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 113), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:

            Absent and Not Voting: Barill, Lane, J. Nelson, Paxton, L. Phillips and R. Smith.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 402) passed.

            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. B. 4257, Providing criminal penalties for the dissemination of false, misleading or deceptive information through automated telephone calls during a declared state of emergency; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 114), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:

            Absent and Not Voting: Barill, Lane, J. Nelson, Paxton, L. Phillips and R. Smith.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4257) passed.

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

            H. B. 4259, Extending the time for the city council of the city of Sistersville, Tyler County, to meet as a levying body; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 115), and there were--yeas 93, nays 1, absent and not voting 6, with the nays and absent and not voting being as follows:

            Nays: Howell

            Absent and Not Voting: Barill, Lane, J. Nelson, Paxton, L. Phillips and R. Smith.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4259) passed.

            Delegate White moved that the bill take effect from its passage.

            On this question, the yeas and nays were taken (Roll No. 116), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:

            Absent and Not Voting: Barill, Lane, J. Nelson, Paxton, L. Phillips and R. Smith.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4259) takes effect from its passage.

            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. B. 4363, Creating an informal dispute resolution process available to behavioral health providers; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 117), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:

            Absent and Not Voting: Barill, Lane, J. Nelson, Paxton, L. Phillips and R. Smith.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4363) passed.

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

            H. B. 4397, Relating to recovery of service charges and fees charged to the Tax Commissioner by financial institutions; on third reading, coming up in regular order, was, on motion of Delegate White, laid upon the table.

            Com. Sub. for H. B. 4425, Giving the Superintendent of State Police authority to hire additional staff; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 118), and there were--yeas 62, nays 32, absent and not voting 6, with the nays and absent and not voting being as follows:

            Nays: Ambler, Anderson, Armstead, Ashley, Azinger, Border, Butler, Cadle, Canterbury, Cowles, Ellington, Espinosa, D. Evans, Faircloth, Ferns, Folk, Gearheart, Householder, Howell, Ireland, Kump, McCuskey, Miller, E. Nelson, Overington, Raines, Rowan, Shott, Sobonya, Storch, Walters and Westfall.

            Absent and Not Voting: Barill, Lane, J. Nelson, Paxton, L. Phillips and R. Smith.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4425) passed.

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

            H. B. 4431, Clarifying that persons who possess firearms, hunting dogs or other indicia of hunting do not necessarily need to have a hunting license; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 119), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:

            Absent and Not Voting: Barill, Lane, J. Nelson, Paxton, L. Phillips and R. Smith.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4431) passed.

            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. B. 4455, Relating to the sale of wine and alcoholic liquors by licensed wineries, farm wineries, distilleries and mini-distilleries; on third reading, coming up in regular order, was read a third time.

            Delegate Walters requested to be excused from voting on the passage of Com. Sub. for H. B. 4455 under the provisions of House Rule 49.

            The Speaker replied that the Delegate was a member of a class of persons possibly to be affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and refused to excuse the Member from voting.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 120), and there were--yeas 76, nays 18, absent and not voting 6, with the nays and absent and not voting being as follows:

            Nays: Armstead, Arvon, Azinger, Barker, Border, Cadle, Eldridge, A. Evans, Faircloth, Ferns, Kump, Marcum, Moye, Overington, Sobonya, Sumner, Walker and Young.

            Absent and Not Voting: Barill, Lane, J. Nelson, Paxton, L. Phillips and R. Smith.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4455) passed.

            On motion of Delegate Manchin, the title of the bill was amended to read as follows:

            Com. Sub. for H. B. 4455 - “A Bill to amend and reenact §60-4-3a and §60-4-3b of the Code of West Virginia, 1931, as amended, relating to the sale of alcohol by licensed manufacturers; authorizing distilleries and mini-distilleries to make retail sales of alcoholic liquors manufactured by the distillery or mini-distillery for consumption off the premises on Sundays; authorizing earlier retail sales by licensed wineries and farm wineries on Sundays; pertaining to the time of allowed retail sales by licensed manufacturers on Sundays; pertaining to the times complimentary samples may be offered on premises of licensed manufacturer on Sundays; and authorizing mini-distilleries which manufacture less than fifty thousand gallons of alcoholic liquor per year to seek and hold a separate license to operate a private club on the premises of the mini-distillery,”

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

Second ReadingH. J. R. 108, Nonprofit Youth Organization Tax Exemption Support Amendment; on second reading, coming up in regular order, was, on motion of Delegate White, laid over.

            Com. Sub. for H. B. 3108, Relating to criminal background checks on applicants for employment by nursing homes; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 4312, Creating a certification for emergency medical technician-industrial; on second reading, coming up in regular order, was, on motion of Delegate White, laid over.

            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. 4318, Continuing education of veterans mental health,

            Com. Sub. for H. B. 4399, Prohibiting a local levying body from holding a special election under certain circumstances,

            Com. Sub. for H. B. 4409, Creating the Valued Employee Retention program,

            H. B. 4437, Relating to the Division of Juvenile Services,

            And,

            H. B. 4457, Authorizing a legislative rule for the Council of Community and Technical College Education regarding WV EDGE program.

            Com. Sub. for H. B. 4473, Relating to establishing voting precincts and changing the composition of standard receiving boards; on second reading, coming up in regular order, was read a second time.

            On motion of Delegates Ireland and Lynch, the bill was amended on page three, section five, line twenty-nine, after the words “discretion of the”, by inserting the words “county clerk and”.

            And,

            On page seven, section twenty-nine, line eighteen, after the words “discretion of the”, by inserting the words “county clerk and”.

            The bill was then ordered to engrossment and third reading.

            Com. Sub. for H. B. 4490, Attorney General Ethics and Accountability Act; on second reading, coming up in regular order, was, on motion of Delegate White, laid over.

First ReadingThe 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. 3011, Removing the provision that requires an applicant to meet federal requirements concerning the production, distribution and sale of industrial hemp prior to being licensed,

            Com. Sub. for H. B. 4137, Relating to more equitable distribution to county boards of reimbursement of the costs of serving certain special needs students,

            Com. Sub. for H. B. 4290, Revising the regulatory structure of money transmitters and other entities,

            Com. Sub. for H. B. 4304, Providing rules for motor vehicles passing bicycles on roadways,

            Com. Sub. for H. B. 4373, Relating to driver education programs,

            Com. Sub. for H. B. 4392, Regulating persons who perform work on heating, ventilating and cooling systems and fire dampers,

            Com. Sub. for H. B. 4393, Creating the Dangerous Wild Animals Act,

            Com. Sub. for H. B. 4410, Redefining auctioneer exceptions,

            H. B. 4460, Relating to violating provisions of the civil service law for paid fire departments,

            H. B. 4488, Eliminating the requirement for notarization of the articles of incorporation for cooperative associations,

            H. B. 4503, Declaring certain claims against the state and its agencies to be moral obligations of the state,

            H. B. 4504, Providing for sharing juvenile records in certain circumstances with another state,

            H. B. 4529, Relating to the sale of wine,

            H. B. 4549, Clarifying the regulation of nonintoxicating beer brewers and distributors, agreements, networks, products, brands and extensions of a line of brands,

            Com. Sub. for H. B. 4560, Relating to reimbursement for copies of medical records,

            And,

            H. B. 4618, Establishing transformative system of support for early literacy.

Leaves of Absence

            At the request of Delegate White, and by unanimous consent, leaves of absence for the day were granted Delegates Barill, Lane, J. Nelson, Paxton, L. Phillips and R. Smith.

            At 1:40 p.m., the House of Delegates adjourned until 11:00 a.m., Friday, February 21, 2014.

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