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House Journal


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Eighty-first Legislature

Second Regular Session

Held at Charleston

Published by the Clerk of the House

 

West Virginia Legislature

JOURNAL

of the

House of Delegates

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__________*__________



 

Thursday, February 27, 2014

FIFTY-FIRST 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 26, 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.

Committee Reports

            Delegate Morgan, Chair of the Committee on Government Organization, submitted the following report, which was received:

            Your Committee on Government Organization has had under consideration:

            Com. Sub. for S. B. 507, Relating to Board of Barbers and Cosmetologists,

            And,

            Com. Sub. for S. B. 356, Relating to purchasing reforms,

            And reports the same back, with amendments, 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 (Com. Sub. for S. B. 507 and Com. Sub. for S. B. 356) were each referred to the Committee on the Judiciary.

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

By Delegates Morgan, Stephens, Howell, Border, Arvon, Azinger, Barker, Cadle, Caputo, Diserio, Eldridge, Faircloth, Ferns, Folk, Hartman, Jones, Kinsey, Kump, Romine, P. Smith, R. Smith, Staggers and Swartzmiller:

            H. C. R. 108 - “Requesting the Joint Committee on Government and Finance authorize a study on repealing unnecessary or obsolete boards, councils, committees, panels, task forces and commissions.”

            Whereas, The Legislature is committed to promoting efficiency in government by regularly evaluating programs, boards and commissions to determine if they have accomplished their intended purpose or are not functioning in accordance with the Code of West Virginia; and

            Whereas, It is necessary from time to time to update the Code of West Virginia by eliminating unnecessary or obsolete boards and commissions; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study repealing unnecessary or obsolete boards, councils, committees, panels, task forces and commissions; 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.

By Delegates Morgan, Stephens, Howell, Border, Arvon, Azinger, Barker, Cadle, Caputo, Diserio, Eldridge, Faircloth, Ferns, Folk, Hartman, Jones, Kinsey, Romine, R. Smith, Staggers and Swartzmiller:

            H. C. R. 109 - “Requesting the Joint Committee on Government and Finance authorize a study on the State Athletic Commission.”

            Whereas, Sporting events are important to the citizens of this state as a form of entertainment and recreation; and

            Whereas, Changes in professional and amateur sporting events, including the authorization of mixed martial arts in this state, create a regulatory situation where persons regulated by the athletic commission may not have a representative on the commission; and

            Whereas, The Legislature is committed to allowing regulated communities to participate in and represent their various interests in the regulatory environments to ensure appropriate and adequate regulation in this state; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study on the State Athletic Commission; 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.

            And,

By Delegates Morgan, Stephens, Howell, Border, Arvon, Azinger, Barker, Cadle, Caputo, Diserio, Eldridge, Faircloth, Ferns, Folk, Hartman, Jones, Kinsey, Kump, Romine, P. Smith, R. Smith, Staggers and Swartzmiller:

            H. C. R. 110 - “Requesting the Joint Committee on Government and Finance authorize a study on the regulation of athletic trainers.”

            Whereas, Athletic trainers are required to register with the Board of Physical Therapy in order to practice in this state; and

            Whereas, With advances in sports medicine and the increasing encouragement of citizens to participate in sports and other physical activity to promote health and well being, it is important that athletic trainers have proper training and education; and

            Whereas, The Legislature is committed to protecting the public through the appropriate regulation of professions and occupations; and

            Whereas, After four years of requiring the registration of athletic trainers, it is appropriate for the Legislature to evaluate the effectiveness of such regulation and consider any revision which should be made to the law governing athletic trainers; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study the regulation of athletic trainers; 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 were referred to the Committee on Rules.

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

            Your Committee on Finance has had under consideration:

            S. B. 314, Appropriating hotel occupancy tax proceeds to counties with no more than one hospital,

            And reports the same back, with amendment, with the recommendation that it do pass, as amended.

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

            Your Committee on Finance has had under consideration:

            S. B. 327, Updating terms in Corporation Net Income Tax Act,

S. B. 328, Terminating Strategic Research and Development Tax Credit,

            And,

            Com. Sub. for S. B. 416, Relating to tentative appraisals of natural resources property,

            And reports the same back with the recommendation that they each do pass.

            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. 105, Urging Congress to pass the Safe Freight Act,

            H. C. R. 107, “William Dakota ‘Kody’ Faine Memorial Bridge”,

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

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

            Your Committee on the Judiciary has had under consideration:

            S. B. 470, Providing completed grand jury questionnaires are confidential.

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

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

            Your Committee on the Judiciary has had under consideration:

            Com. Sub. for S. B. 12, Relating to expedited partner therapy treatment,

            Com. Sub. for S. B. 90, Creating criminal offense for interfering or preventing call for assistance of emergency service personnel,

            And,

            Com. Sub. for S. B. 405, Requiring presiding judge’s permission to release juror qualification forms after trial’s conclusion,

            And reports the same back, with amendment, with the recommendation that they each do pass, as amended.

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

            Your Committee on Finance has had under consideration:

            S. B. 331, Requiring certain accelerated payment of consumers sales and service and use tax and employee withholding taxes,

            And reports the same back, with amendment, with the recommendation that it do pass, as amended.

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

            Your Committee on Finance has had under consideration:

            Com. Sub. for S. B. 322, Providing state compensate officials, officers and employees every two weeks with certain exceptions,

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

Messages from the Senate

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:

            Com. Sub. for 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.

            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. 204 - “A Bill to amend and reenact §14-2A-3, §14-2A-9, §14-2A-12, §14-2A-14 and §14-2A-18 of the Code of West Virginia, 1931, as amended, all relating to compensation awards to victims of crimes generally; redefining terms; increasing the amount of victim relocation costs; allowing student loans obtained by a victim to be treated as a lost scholarship in certain instances; modifying required time period in which a claimant should report offense to law enforcement; removing methamphetamine rehabilitation as a basis for receiving funds and exempting claims therefore if such are filed and pending before the court on the effective date of the amendment; clarifying that, absent the identity of a perpetrator being unknown, a criminal complaint being filed is a prerequisite to filing a claim; allowing victims of sexual offenses to undergo a forensic examination rather than reporting to law enforcement; permitting the Court of Claims to hire two additional claim investigators; and permitting claim investigators to acquire autopsy reports, including toxicology results, from the State Medical Examiner”; which was referred to the Committee on 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

            Com. Sub. for S. B. 365 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §6B-2-5c; and to amend said code by adding thereto a new section, designated §61-10-15a, all relating to elected Conservation District Supervisors; exempting elected Conservation District Supervisors who participate in West Virginia Conservation Agency programs from certain provisions of the West Virginia Ethics Act and pecuniary interest requirements”; 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, to take effect July 1, 2014, and requested the concurrence of the House of Delegates in the passage, of

             Com. Sub. for S. B. 391 - “A Bill to amend and reenact §18A-4-2 and §18A-4-8a of the Code of West Virginia, 1931, as amended, all relating to teacher and school service personnel salary increases; establishing a salary goal for certain teachers; adjusting effective dates; and revising state minimum salary schedules for teachers and school service personnel”; which was referred to the Committee on Education 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

            Com. Sub. for S. B. 393 - “A Bill to amend and reenact §11B-2-20 of the Code of West Virginia, 1931, as amended, relating to the Revenue Shortfall Reserve Fund; increasing the percentage of surplus revenue paid into the fund for fiscal years 2014 and 2015; and changing the October 31 deadline that the Governor may borrow money from the fund to April 1 for a limited period”; 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. 460 - “A Bill to amend and reenact §12-1-12d of the Code of West Virginia, 1931, as amended, relating to adding West Virginia School of Osteopathic Medicine to the list of state institutions of higher education that are permitted to invest certain moneys with its foundation; and establishing a cap on the amount of moneys that it may invest.”

            At the respective requests of Delegate White, and by unanimous consent, reference of the bill (S. B. 460) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

             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. 467 - “A Bill to amend and reenact §61-11-26 of the Code of West Virginia, 1931, as amended, relating to preventing certain current or former spouses, current or former sexual or intimate partners, parents, guardians and household members from seeking to have their criminal records expunged”; 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. 473 - “A Bill to amend and reenact §17-2A-19 of the Code of West Virginia, 1931, as amended, relating to the sale of real property by the Division of Highways; and providing that property not necessary or desirable for highway purposes must be offered first to public service districts or municipalities for a public utility use without having to follow the public auction provisions of this section”; which was referred to the Committee on Political Subdivisions then the Judiciary.

            A message from the Senate, by

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

            Com. Sub. for S. B. 486 - “A Bill to amend and reenact §15-2-7 of the Code of West Virginia, 1931, as amended, relating to establishing salaries and providing raises for employees within the West Virginia State Police Forensic Laboratory; and requiring the Director of the State Police Crime Laboratory to submit a report on its ability to retain employees to the Joint Committee on Government and Finance before January 1, 2018”; 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. 495 - “A Bill to amend and reenact §19-12A-6a of the Code of West Virginia, 1931, as amended, relating to increasing the cap for collections into the Land Division special revenue account of the Department of Agriculture; and dividing amounts in excess of the cap evenly between the special revenue account and General Revenue Fund of the state”; 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

            Com. Sub. for S. B. 539 - “A Bill to amend and reenact §61-7-11a of the Code of West Virginia, 1931, as amended, relating to persons possessing deadly weapons on school buses or on the premises of educational facilities; and authorizing active law-enforcement officers and certain retired law-enforcement officers acting as security for schools to carry deadly weapons on a school bus, on school property or at school-sponsored functions when certain conditions are met”; 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. J. R. 10 - “Proposing an amendment to the Constitution of the State of West Virginia, amending article III thereof, by adding thereto a new section, designated section twenty-three, relating to the right to hunt, fish and harvest wildlife; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment”; 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. J. R. 12 - “Proposing an amendment to the Constitution of the State of West Virginia, amending article II thereof, by adding thereto a new section, designated section nine, relating to protecting and conserving the water resources of the state for the citizens of West Virginia; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment”; 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. J. R. 14 - “Proposing an amendment to the Constitution of the State of West Virginia, amending article X thereof, by adding thereto a new section, designated section twelve, relating to the West Virginia Future Fund; prohibiting spending of principal, permitting spending of investment income in certain instances from the West Virginia Future Fund and defining investment income; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment”; which was referred to the Committee on the Judiciary then Finance.

Resolutions Introduced

            Delegates Marcum, Ambler, Barill, Barrett, Boggs, Border, Campbell, Canterbury, Craig, Diserio, Eldridge, D. Evans, Ferns, Ferro, Fleischauer, Gearheart, Guthrie, Guthrie, Hartman, Ireland, Jones, Lane, Lawrence, Longstreth, Lynch, Manchin, Manypenny, Marshall, McCuskey, Miley, Moore, Morgan, Moye, E. Nelson, J. Nelson, Perdue, Perry, Pethtel, L. Phillips, R. Phillips, Pino, M. Poling, Poore, Raines, Skaff, Skinner, P. Smith, R. Smith, Sponaugle, Staggers, Stephens, Stowers, Sumner, Swartzmiller, Tomblin, Walker, Walters, Wells, White, Williams and Young offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 111 - “Requesting the Division of Highways to build the bridge on County Route 65/03 located near Tug Valley High School in Naugatuck, Mingo County.”

            Whereas, The West Virginia Division of Highways has begun the process to build a potential bridge located on the new County 65/03 Route; and

            Whereas, The bridge is vital to the further economic development of Mingo County; and

            Whereas, The Mingo County Board of Education has taken steps to develop and improve the Tug Valley High School and its athletic facilities; and

            Whereas, These upgrades are very important and in dire need to improve the education and quality of life for all Tug Valley students; and

            Whereas, The improvements and further developments of Tug Valley High School cannot proceed without the new bridge; and

            Whereas, The students, teachers and citizens of Mingo County deserve the improvements that will stem from the new bridge; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to build the bridge located near Tug Valley High School in Naugatuck, Mingo County, West Virginia; and, be it

            Further Resolved, That time is of the essence; 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.

            Delegates Romine, A. Evans, Azinger, Ashley and Ireland on Behalf of All Members of the House offered the following resolution, which was read by the Clerk as follows:

            H. R. 12 - “Memorializing the life of the Honorable James E. ‘Jimmy’ Willison, veteran, lay minister, and public servant.”

            Whereas, Jimmy Willison was born on November 12, 1925, in Benwood, Marshall County, West Virginia, the son of the late Chalmers and Hattie Wilcox; and

            Whereas, Jimmy Willison was a graduate of Sistersville High School and a past president of the Sistersville High School Alumni Association, and also attended Mountain State Business College; and

            Whereas, Jimmy Willison was a U. S. Army Veteran of World War II and a twenty-three year Tyler County Assessor; and

             Whereas, Jimmy Willison was first elected to the West Virginia House of Delegates representing Tyler and Doddridge counties in 1988 and reelected for five consecutive terms. During his service in the Legislature, Jimmy was instrumental in securing grants for the funding of many worthwhile projects in Tyler and Doddridge counties including Sistersville General Hospital, emergency services, senior citizen centers, the Sistersville Ferry, and the North Central Regional Jail; and

            Whereas, Following his service in the House of Delegates, Jimmy was appointed to several state boards and commissions; and

            Whereas, Jimmy Willison was the cofounder of the Sistersville Little League and procured the first lighted field in the area. In addition, he served as a West Virginia Secondary Schools Athletic Conference referee for 22 years; and

            Whereas, Jimmy Willison was a Christian by faith and a member of the Sistersville Lions Club, VFW Post 6327, BPOE No. 333, and the former owner and operator of the Sistersville City News; and

            Whereas, Jimmy Willison was married to Margaret Spangler Willison and they were the proud parents of a son, Jimmy, and a daughter, Jo Lynn, and the loving grandparents of three grandchildren and four great grandchildren; and

            Whereas, Sadly, the Honorable James E. Willison passed away on Sunday, November 24, 2013; therefore, be it

            Resolved by the House of Delegates:

            That the House of Delegates hereby memorializes the life of the Honorable James E. Willison, veteran, lay minister and public servant; and, be it

            Further Resolved, That the House of Delegates hereby extends its sincere sympathy at the passing of the Honorable James E. Willison; 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 James E. Willison.

            At the respective requests of Delegate White, and by unanimous consent, reference of the resolution (H. R. 12) to a committee was dispensed with, and it was taken up for immediate consideration.

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

            The yeas and nays having been ordered, they were taken (Roll No. 229), 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: Andes, Barill, Craig, J. Nelson, Paxton and Raines.

             So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 12) adopted.

Motions

            Delegate Staggers asked and obtained unanimous consent that she be removed as a sponsor of H. B. 4134, Establishing the West Virginia Religious Freedom Restoration Act.

Daily Calendar

Unfinished Business

            Com. Sub. for S. C. R. 1, Requesting DOH name Becky’s Creek Bridge, Randolph County, “U. S. Army Sgt. Cecil W. Kittle, Jr., Memorial Bridge”; coming up in regular order, as unfinished business, was reported by the Clerk.

            An amendment, recommended by the Committee on Rules, was reported by the Clerk and adopted, amending the on page one, by striking out everything after the title and inserting in lieu thereof the following:

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

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

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

            Whereas, In 1965 Sergeant Kittle arrived in Vietnam where he served with Company C of the Second Battalion, Seventh Calvary/ First Calvary Division (Airmobile). This Division was involved in the heaviest fighting at the Battle of Ia Drang Valley and Chu Pong Mountain, the first major battle for the U.S. in the Vietnam War; and

            Whereas, American leaders had decided to use newly developed airmobile tactics by flying in American troops by helicopter. The Seventh Cavalry Regiment/First Air Calvary Division was given this assignment in the Battle of Ia Drang Valley; and

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

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

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

            Whereas, Sergeant Kittle was killed on November 17, 1965 as a result of hostile action while on a search-and-destroy mission during the second wave of North Vietnamese attacks at the Battle of Ia Drang Valley. Sergeant Kittle’s second son, Randall Lee Kittle, was born on December 24, 1965, approximately one month after his father’s death in Vietnam; and

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

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

            Whereas, Sergeant Kittle was awarded the Bronze Star Medal with “V” Device for heroism and valor in connection to his courageous actions against hostile forces at the Battle of Ia Drang Valley. Sergeant Kittle was also awarded the Purple Heart, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal, the National Defense Medal, the Army Good Conduct Medal, the Seventh Cavalry Garry Owen Patch and the Combat Infantry Badge; and

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

            Whereas, The battle in which Sergeant Kittle died was documented in the 1965 CBS Special Report “Battle of Ia Drang Valley” and in several books including “Reflections on LZ Albany by retired Lieutenant Jim Lawrence, Lieutenant Rick Rescorla’s biography “Heart of a Soldier” by James B. Stewart and “We Were Soldiers Once...and Young” by retired Lieutenant General Hal Moore and reporter Joseph Galloway, all of whom were at the battle. The book “We Were Soldiers Once... and Young” also served as the basis of the 2002 movie “We Were Soldiers” starring Mel Gibson; and

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

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

            Resolved by the Legislature of West Virginia:

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

            Further Resolved, That the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the “U. S. Army Sgt. Cecil W. Kittle, Jr., Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation, to Sergeant Cecil Kittle’s siblings, retired Master Sergeant Floyd A. Kittle, Carolyn Darlene Kittle, and Evan Fae Collier Knight, and to his two sons, Randall Lee Kittle and Richard Nicholas Kittle.

 

            The question before the House being on the adption of the resolution, the same was put and prevailed.

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

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

            Com. Sub. for H. C. R. 39, Army LTC Robert “Bob” Marslender Bridge,

            Com. Sub. for H. C. R. 47, Army SFC Michael Joe “Joey” Marushia Memorial Bridge,

            Com. Sub. for H. C. R. 48, Corporal Tracy Thurman Walls Memorial Bridge,

            Com. Sub. for H. C. R. 71, Army Private William C. Bias Memorial Bridge,

            And,

            H. C. R. 101, The Historic Blue-Gray Highway.

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

Third ReadingCom. Sub. for S. B. 603, Relating to testing for presence of methane in underground mines; on third reading, coming up in regular order, was, on motion of Delegate White, laid over.

            H. B. 4463, All relating to the disclosure of information on campaign contributions and spending; on third reading, coming up in regular order, was, on motion of Delegate White, laid upon the table.

Second ReadingCom. Sub. for S. B. 58, Relating to basis for voidable marriages and annulments; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page three, section one hundred and three, line twenty after the word “imprisonment”, by striking out the words “in excess of one year” and inserting in lieu thereof the words “for one year or more”.

            On page five, section one hundred and five, subsection d, line seventeen by reinstating the stricken language.

            And,

            On page five, section one hundred and five, line twenty-six, after the word “imprisonment”, by striking out the words “in excess of one year” and inserting in lieu thereof the words “for one year or more”.

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 499, Making Prudent Investor Act primary standard of care for Investment Management Board; on second reading, coming up in regular order, was read a second time.

            On motion of Delegates White and Boggs, the bill was amended on page two, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the provisions of Committee Substitute for H. B. 4492, to read as follows:

ARTICLE 6. WEST VIRGINIA INVESTMENT MANAGEMENT BOARD.

§12-6-2. Definitions.

            As used in this article, unless a different meaning clearly appears from the context:

            (1) ‘Beneficiaries’ means those individuals entitled to benefits from the participant plans;

            (2) ‘Board’ means the governing body for the West Virginia Investment Management Board and any reference elsewhere in this code to Board of Investments or West Virginia Trust Fund means the board as defined in this subdivision;

            (3) ‘401(a) plan’ means a plan which is described in Section 401(a) of the Internal Revenue Code of 1986, as amended, and with respect to which the board has been designated to hold assets of the plan in trust pursuant to the provisions of section nine-a of this article;

            (4) ‘Local government funds’ means the moneys of a political subdivision, including Policemen’s Pension and Relief Funds, Firemen’s Pension and Relief Funds and volunteer fire departments, transferred to the board for deposit;

            (5) ‘Participant plan’ means any plan or fund subject now or hereafter to subsection (a), section nine-a of this article;

            (6) ‘Political subdivision’ means and includes a county, municipality or any agency, authority, board, county board of education, commission or instrumentality of a county or municipality and regional councils created pursuant to the provisions of section five, article twenty-five, chapter eight of this code;

            (7) ‘Trustee’ means any member serving on the West Virginia Investment Management Board: Provided, That in section nine-a of this article in which the terms of the trusts are set forth, ‘trustee’ means the West Virginia Investment Management Board;

            (8) ‘Securities’ means all bonds, notes, debentures or other evidences of indebtedness and other lawful investment instruments forms and types of investments, financial instruments or financial transactions which may be considered prudent for investment by the board under section eleven of this article; and

            (9) ‘State funds’ means all moneys of the state which may be lawfully invested except the ‘school fund’ established by section four, article XII of the state Constitution.

§12-6-11. Standard of care and investment requirements; disclosure of information.

            (a) Any investments made under this article shall be made in accordance with the provisions of the ‘Uniform Prudent Investor Act’ codified as article six-c, chapter forty-four of this code and is further subject to the following requirements:

            (a)(1) Trustees shall discharge their duties with respect to the 401(a) plans for the exclusive purpose of providing benefits to participants and their beneficiaries;

            (b)(2) Trustees shall diversify fund investment so as to minimize the risk of large losses unless, under the circumstances, it is clearly prudent not to do so;

            (c)(3) Trustees shall defray reasonable expenses of investing and operating the funds under management; and

            (d)(4) Trustees shall discharge their duties in accordance with the documents and instruments governing the trusts or other funds under management insofar as the documents and instruments are consistent with the provisions of this article.;

            (5) Trustees, at the annual meeting required in subsection (h), section three of this article, shall review, establish and modify, if necessary, the investment objectives of the individual participant plans as incorporated in the investment policy statements of the respective trusts so as to provide for the financial security of the trust funds giving consideration to the following:

            (A) Preservation of capital;

            (B) Diversification;

            (C) Risk tolerance;

            (D) Rate of return;

            (E) Stability;

            (F) Turnover;

            (G) Liquidity; and

            (H) Reasonable cost of fees;

            (6) The board may invest in a private real estate fund, a private equity fund or a hedge fund only if the investment satisfies the following conditions:

            (A) A professional, third-party fiduciary investment adviser registered with the Securities and Exchange Commission under the Investment Advisors Act of 1940, as amended, recommends the investment;

            (B) The board or a committee designated by the board approves the investment;

            (C) The board’s ownership interest in the fund will be less than forty percent of the fund’s assets at the time of acquisition;

            (D) The combined investment of institutional investors, other public sector entities and educational institutions and their endowments and foundations in the fund is equal to or greater than fifty percent of the board’s total investment in the fund at the time of acquisition; and

            (E) The largest investment of such fund is not greater than forty percent of the fund’s assets at the time of acquisition; and

            (7) The total assets of the private real estate fund, private equity fund or hedge fund shall be used in calculating the percentage requirements and limitations set forth in subdivision (6) of this subsection without regard to any particular investment vehicle in which assets may be held pending investment.

            (b) If the standard confidentiality agreements, policies or procedures of any firm, company or organization through which the board invests in securities prohibit, restrict or limit the disclosure of information pertaining to the securities, the information is exempt from disclosure, under the provisions of chapter twenty-nine-b of this code or otherwise, to the extent of the prohibitions, restrictions or limitations.

            (e)(c) The duties of the board apply only with respect to those assets deposited with or otherwise held by it.”

            The bill was then ordered to third reading.

First ReadingS. B. 359, Removing hand canvassing requirements of electronic voting machines; on first reading, coming up in regular order, was, on motion of Delegate White, laid over.

Leaves of Absence

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

            At 11:50 a.m., the House of Delegates adjourned until 11:00 a.m., Friday, February 28, 2014.

 

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