SENATE
HOUSE
JOINT
BILL STATUS
STATE LAW
REPORTS
EDUCATIONAL
CONTACT
home
home

SENATE (2014)(RS):| Bills Introduced | Bill History | Topical Index | Committee Schedule | Calendar | Journal | Menu |

Senate Journal


Day ( day-60t) - [PDF]
Day ( day-66t) - [PDF]
Day ( day-65t) - [PDF]
Day ( day-64t) - [PDF]
Day ( day-63r) - [PDF]
Day ( day-62n) - [PDF]
Day ( day-61s) - [PDF]
Day ( day-59t) - [PDF]
Day ( day-58t) - [PDF]
Day ( day-57t) - [PDF]
Day ( day-56t) - [PDF]
Day ( day-55t) - [PDF]
Day ( day-52n) - [PDF]
Day ( day-51s) - [PDF]
Day ( day-50t) - [PDF]
Day ( day-49t) - [PDF]
Day ( day-48t) - [PDF]
Day ( day-45t) - [PDF]
Day ( day-44t) - [PDF]
Day ( day-43r) - [PDF]
Day ( day-42n) - [PDF]
Day ( day-41s) - [PDF]
Day ( day-38t) - [PDF]
Day ( day-37t) - [PDF]
Day ( day-36t) - [PDF]
Day ( day-35t) - [PDF]
Day ( day-34t) - [PDF]
Day ( day-31s) - [PDF]
Day ( day-30t) - [PDF]
Day ( day-29t) - [PDF]
Day ( day-28t) - [PDF]
Day ( day-27t) - [PDF]
Day ( day-24t) - [PDF]
Day ( day-23r) - [PDF]
Day ( day-22n) - [PDF]
Day ( day-21s) - [PDF]
Day ( day-20t) - [PDF]
Day ( day-17t) - [PDF]
Day ( day-16t) - [PDF]
Day ( day-15t) - [PDF]
Day ( day-14t) - [PDF]
Day ( day-13t) - [PDF]
Day ( day-10t) - [PDF]
Day ( day-09t) - [PDF]
Day ( day-08t) - [PDF]
Day ( day-07t) - [PDF]
Day ( day-06t) - [PDF]
Day ( day-03r) - [PDF]
Day ( day-02n) - [PDF]
Day ( day-01s) - [PDF]

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2014

FOURTEENTH DAY

____________

Charleston, W. Va., Tuesday, January 21, 2014

    The Senate met at 11 a.m.

(Senator Kessler, Mr. President, in the Chair.)

    Prayer was offered by Dr. Frank Frye, Madison United Methodist Church, Madison, West Virginia.

    Pending the reading of the Journal of Monday, January 20, 2014,

    On motion of Senator Blair, the Journal was approved and the further reading thereof dispensed with.

    The Senate proceeded to the second order of business and the introduction of guests.

    The Senate then proceeded to the third order of business.

    A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of

    Eng. Com. Sub. for House Bill No. 4014--A Bill to amend and reenact §22-15A-2 and §22-15A-4 of the Code of West Virginia, 1931, as amended, relating to the offense of littering; amending definition of litter; and increasing criminal penalties for littering.

    Referred to the Committee on the Judiciary.

    The Senate proceeded to the fourth order of business.

    Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:

    Your Committee on the Judiciary has had under consideration

    Senate Bill No. 58, Relating to basis for voidable marriages and annulments.

    And reports back a committee substitute for same with the following title:

    Com. Sub. for Senate Bill No. 58 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §48-3-103 and §48-3-105 of the Code of West Virginia, 1931, as amended, all relating to domestic relations law generally; clarifying that conviction of an offense punishable by incarceration for more than one year prior to the marriage and without the knowledge of the other party constitutes a basis for voiding a marriage; clarifying that a party to a marriage who was unaware at the time of the marriage that his or her spouse had previously been convicted of an offense punishable by incarceration for more than one year may not institute an annulment action if he or she cohabited with that spouse after becoming aware of the conviction; clarifying grounds for voiding marriages; and modifying and removing certain language related to voiding of marriages.

    And,

    Senate Bill No. 310, Adjusting penalties for willful failure to pay child support.

    And reports back a committee substitute for same with the following title:

    Com. Sub. for Senate Bill No. 310 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §61-5-29 of the Code of West Virginia, 1931, as amended, relating to adjusting penalties for willful failure to pay child support; requiring probation and home confinement instead of confinement in a correctional facility for first violations; creating the misdemeanor offense of a second conviction of willfully failing to pay child support; creating a felony offense of a third or subsequent conviction of willfully failing to pay child support; and requiring certain persons convicted of willfully failing to pay child support to promptly obtain employment or register with WorkForce West Virginia and complete certain programs.

    With the recommendation that the two committee substitutes do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    Senator Kirkendoll, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:

    Your Committee on Energy, Industry and Mining has had under consideration

    Senate Bill No. 129, Authorizing DEP promulgate legislative rule relating to ambient air quality standards.

    Senate Bill No. 130, Authorizing DEP promulgate legislative rule relating to permits for construction and major modification of major stationary sources for prevention of significant deterioration of air quality.

    Senate Bill No. 131, Authorizing DEP promulgate legislative rule relating to standards of performance for new stationary sources.

    Senate Bill No. 132, Authorizing DEP promulgate legislative rule relating to control of air pollution from combustion of solid waste.

    Senate Bill No. 133, Authorizing DEP promulgate legislative rule relating to permits for construction and major modification of major stationary sources which cause or contribute to nonattainment areas.

    Senate Bill No. 134, Authorizing DEP promulgate legislative rule relating to control of air pollution from hazardous waste treatment, storage and disposal facilities.

    Senate Bill No. 135, Authorizing DEP promulgate legislative rule relating to emission standards for hazardous air pollutants.

    And,

    Senate Bill No. 138, Authorizing Office of Miners' Health, Safety and Training promulgate legislative rule relating to assessing health and safety violation penalties.

    And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on the Judiciary.

                             Respectfully submitted,

                               Art Kirkendoll,

                                 Vice Chair.

    The bills, under the original double committee references, were then referred to the Committee on the Judiciary.

    Senator Miller, from the Committee on Agriculture and Rural Development, submitted the following report, which was received:

    Your Committee on Agriculture and Rural Development has had under consideration

    Senate Bill No. 145, Authorizing Commissioner of Agriculture promulgate legislative rule relating to schedule of charges for inspection services: fruit.

    Senate Bill No. 146, Authorizing Commissioner of Agriculture promulgate legislative rule relating to auctioneers.

    Senate Bill No. 189, Authorizing Alcohol Beverage Control Commission promulgate legislative rule relating to farm wineries.

    And,

    Senate Bill No. 190, Authorizing Alcohol Beverage Control Commission promulgate legislative rule relating to sale of wine.

    And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on the Judiciary.

                             Respectfully submitted,

                               Ronald F. Miller,

                                 Chair.

    The bills, under the original double committee references, were then referred to the Committee on the Judiciary.

    Senator Cookman, from the Committee on Interstate Cooperation, submitted the following report, which was received:

    Your Committee on Interstate Cooperation has had under consideration

    Senate Bill No. 251, Implementing terms of Uniform Arbitration Act.

    And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.

                             Respectfully submitted,

                               Donald H. Cookman,

                                 Vice Chair.

    The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.

    Senator Miller, from the Committee on Agriculture and Rural Development, submitted the following report, which was received:

    Your Committee on Agriculture and Rural Development has had under consideration

    Senate Bill No. 350, Requiring Agriculture Commissioner propose legislative rules for Rural Rehabilitation Loan Program.

    And has amended same.

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

                             Respectfully submitted,

                               Ronald F. Miller,

                                 Chair.

    Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:

    Your Committee on Transportation and Infrastructure has had under consideration

    Senate Concurrent Resolution No. 7, Requesting Star City interchange on I-79 in Morgantown be named "Michael A. Oliverio, Sr., Interchange".

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

                             Respectfully submitted,

                               Robert D. Beach,

                                 Chair.

    At the request of Senator Beach, unanimous consent being granted, the resolution (S. C. R. No. 7) contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.

    The question being on the adoption of the resolution, the same was put and prevailed.

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

    The Senate proceeded to the sixth order of business.

    On motions for leave, severally made, the following bills were introduced, read by their titles, and referred to the appropriate committees:

    By Senators Cole, Blair, Carmichael, D. Hall, M. Hall, Jenkins, McCabe, Walters, Williams and Nohe:

    Senate Bill No. 387--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-8-15, relating to clarifying that duly authorized officers of the United States, the District of Columbia or other states have legal custody of their prisoners while they are in West Virginia.

    Referred to the Committee on the Judiciary; and then to the Committee on Finance.

    By Senators Prezioso, Blair, Walters, Carmichael and Cole:

    Senate Bill No. 388--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2M-1, §16-2M-2, §16-2M-3, §16-2M-4, §16-2M-5, §16-2M-6, §16-2M-7, §16-2M-8, §16-2M-9, §16-2M-10 and §16-2M-11, all relating to creating the West Virginia Pain-Capable Unborn Child Protection Act; asserting a compelling state interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain; short title; legislative findings; definitions; determination of post-fertilization age; prohibiting abortion of unborn child of twenty or more weeks post-fertilization age; requiring reports from physicians who perform or attempt to perform abortions; criminal penalties; civil remedies; protection of privacy in court proceedings; creating a litigation defense fund; and stating how article is to be construed.

    Referred to the Committee on the Judiciary; and then to the Committee on Finance.

    By Senators Yost, Kirkendoll, Wells, Snyder, Beach and D. Hall:

    Senate Bill No. 389--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9A-1-11b; to amend said code by adding thereto a new section, designated §11-12-87; to amend and reenact §29-3-23 and §29-3-24 of said code; and to amend and reenact §61-3E-1 of said code, all relating to legalizing and regulating the sale and use of fireworks; creating the West Virginia Veterans Program Fund; imposing a ten-percent fee for the sale of fireworks; and using the proceeds of that fee to fund the Veterans Program Fund.

    Referred to the Committee on the Judiciary; and then to the Committee on Finance.

    By Senators Kessler (Mr. President) and M. Hall (By Request of the Executive):

    Senate Bill No. 390--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-5-19b, relating to providing criminal penalties for the dissemination of false, misleading or deceptive information through automated telephone calls during a declared state of emergency.

    Referred to the Committee on the Judiciary; and then to the Committee on Finance.

    By Senators Kessler (Mr. President) and M. Hall (By Request of the Executive):

    Senate Bill No. 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; adjusting effective dates; and revising state minimum salary schedules for teachers and school service personnel.

    Referred to the Committee on Education; and then to the Committee on Finance.

    By Senators Kessler (Mr. President) and M. Hall (By Request of the Executive):

    Senate Bill No. 392--A Bill to amend and reenact §15-2-5 of the Code of West Virginia, 1931, as amended, relating to amending the annual salary schedule for members of the State Police beginning on July 1, 2014, and continuing thereafter.

    Referred to the Committee on Government Organization; and then to the Committee on Finance.

    By Senators Kessler (Mr. President) and M. Hall (By Request of the Executive):

    Senate Bill No. 393--A Bill to amend and reenact §11B-2-20 of the Code of West Virginia, 1931, as amended, relating to levels of funding to the Revenue Shortfall Reserve Fund; and specifying date by which the Governor may borrow from the Revenue Shortfall Reserve Fund.

    Referred to the Committee on Government Organization; and then to the Committee on Finance.

    By Senators Laird, Stollings, Plymale, Wells, Beach, Chafin, Tucker, Boley, Carmichael and Jenkins:

    Senate Bill No. 394--A Bill to amend and reenact §18C-3-3 of the Code of West Virginia, 1931, as amended, relating to establishing the Health Sciences Service Program; continuing special revolving fund account and designating new name of fund; modifying fund expenditure provisions; modifying certain defined term; and expanding and modifying program eligibility.

    Referred to the Committee on Education; and then to the Committee on Finance.

    By Senator Palumbo:

    Senate Bill No. 395--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §9-5-8b and §9-5-22; to amend and reenact §9-9-6 of said code; and to amend said code by adding thereto a new section, designated §61-4-9, all relating to the operation and oversight of certain benefit programs; granting certain subpoena power to the Investigations and Fraud Management Division to investigate welfare fraud; authorizing the Investigations and Fraud Management Division to request search warrants, swear to complaints and seek relevant orders from circuit court in certain situations; providing access to out-of-state documents in certain circumstances; prohibiting disclosure of persons under investigation by the Investigations and Fraud Management Division; opting out of a federal statute that would otherwise not allow a state resident who has been convicted of a felony involving a controlled substance from receiving certain benefits; requiring the Department of Health and Human Resources to seek a waiver of federal law to implement a prohibition on the purchase of certain items with certain benefits; requiring the Department of Health and Human Resources to seek a waiver of federal regulations to implement an incentive program for the purchase of certain fresh fruits, vegetables and meats; defining terms; creating misdemeanor and felony offenses for certain unlawful use of certain benefits or benefit access devices; stating certain presumptions and calculations permissible in prosecution of these offenses; and providing an alternative to confinement for individuals convicted of the offenses associated with unlawful use of certain benefits.

    Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.

    By Senators Kessler (Mr. President) and M. Hall (By Request of the Executive):

    Senate Bill No. 396--A Bill to repeal §5-1C-2, §5-1C-3, §5-1C-4 and §5-1C-5 of the Code of West Virginia, 1931, as amended; to repeal §5B-2-2 and §5B-2-3 of said code; to repeal §15-8-1, §15-8-2, §15-8-3, §15-8-4, §15-8-5, §15-8-6, §15-8-7, §15-8-8, §15-8-9, §15-8-10, §15-8-11 and §15-8-12 of said code; to repeal §16-5J-5 of said code; to repeal §16-5P-7 of said code; to repeal §16-29H-1, §16-29H-2, §16-29H-3, §16-29H-4, §16-29H-5, §16-29H-6, §16-29H-7, §16-29H-8, §16-29H-9 and §16-29H-10 of said code; to repeal §16-42-1, §16-42-2, §16-42-3, §16-42-4, §16-42-5 and §16-42-6 of said code; to repeal §18-2J-1, §18-2J-2, §18-2J-3, §18-2J-4, §18-2J-5, §18-2J-6 and §18-2J-7 of said code; to repeal §18B-1C-3 of said code; to repeal §18B-14-11 of said code; to repeal §18B-16-6 of said code; to repeal §20-2B-2a of said code; to repeal §21-3A-10 of said code; to repeal §23-1-1a of said code; to repeal §29-12B-4 and §29-12B-5 of said code; to repeal §29-12C-1 and §29-12C-2 of said code; to repeal §31-16-1, §31-16-2, §31-16-3 and §31-16-4 of said code; to repeal §33-16G-1, §33-16G-2, §33-16G-3, §33-16G-4, §33-16G-5, §33-16G-6, §33-16G-7, §33-16G-8 and §33-16G-9 of said code; to repeal §33-48-2 and §33-48-3 of said code; to repeal §47A-1-1, §47A-1-2, §47A-1-3 and §47A-1-4 of said code; to repeal §55-15-1, §55-15-2, §55-15-3, §55-15-4, §55-15-5 and §55-15-6 of said code; to repeal §62-11E-1, §62-11E-2 and §62-11E-3 of said code; to amend and reenact §15-5-28 of said code; to amend and reenact §18A-3-2c of said code; and to amend and reenact §33-16D-16 of said code, all relating to eliminating unnecessary boards, councils, committees, panels, task forces and commissions; repealing the Science and Technology Advisory Council; repealing the Council for Community and Economic Development; repealing the Statewide Mutual Aid Committee; repealing the Sheriffs’ Bureau; repealing the Clinical Laboratories Quality Assurance Advisory Board; repealing the Council on Aging; repealing the Governor’s Office of Health Enhancement and Lifestyle Planning; repealing the Comprehensive Behavioral Health Commission; repealing the Governor’s Advisory Council for Educational Technology; repealing the Principal Standards Advisory Council; repealing the West Virginia Consortium for Undergraduate Research and Engineering; repealing the Governor’s Commission on Graduate Study in Science, Technology, Engineering and Mathematics; repealing the West Virginia Rural Health Advisory Panel; repealing the Ohio River Management Fund Advisory Board; repealing the Occupational Safety and Health Review Commission; repealing the Workers’ Compensation Board of Managers; repealing the State Medical Malpractice Advisory Panel; repealing the Patient Injury Compensation Plan Study Board; repealing the Steel Advisory Commission; repealing the West Virginia Small Employer Group Health Benefit Plan Policy Advisory Committee; repealing the West Virginia Health Benefit Exchange Governing Board; repealing the West Virginia Health Insurance Plan Board; repealing the West Virginia Lending and Credit Rate Board; repealing the Alternative Dispute Resolution Commission; and repealing the Sexually Violent Predator Management Task Force.

    Referred to the Committee on Government Organization.

    By Senators Williams, Laird, Unger, Tucker, Plymale, Palumbo and Stollings:

    Senate Bill No. 397--A Bill to amend and reenact §61-2-29b of the Code of West Virginia, 1931, as amended, relating to expanding the scope of activities considered to be financial exploitation of the elderly or certain other protected persons; and redefining the age of an elderly person for purposes of the statute, reducing it from sixty-five to sixty.

    Referred to the Committee on the Judiciary.

    By Senator Cookman:

    Senate Bill No. 398--A Bill to amend and reenact §19-20-23 of the Code of West Virginia, 1931, as amended, relating to providing that a state public school with an animal and veterinary science program may obtain impounded dogs and cats for humane use in furtherance of the school's curriculum and may provide any appropriate attendant care and adoption assistance for the animals.

    Referred to the Committee on Education; and then to the Committee on Finance.

    By Senator Cookman (By Request):

    Senate Bill No. 399--A Bill to amend and reenact §5-10-2 of the Code of West Virginia, 1931, as amended, relating to providing that mental hygiene commissioners are employees under the Public Employees Retirement System and may receive one year of service credit for each year served and prorated service for any partial year served, up to a maximum of fifteen years credited service.

    Referred to the Committee on Pensions; and then to the Committee on Finance.

    By Senators Laird, Miller and Unger:

    Senate Bill No. 400--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-8a, relating to air-ambulance fees paid by the West Virginia Public Employees Insurance Agency.

    Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.

    Senators Kirkendoll, Stollings, Plymale and Jenkins offered the following resolution:

    Senate Concurrent Resolution No. 10--Requesting the Division of Highways to name bridge number 23-044/00-0.13.14, crossing Island Creek in Switzer, Logan County, the “James Melvin ‘Pete’ Spradlin Memorial Bridge”.

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

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

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

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

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

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

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

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

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

    Resolved by the Legislature of West Virginia:

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

    Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the “James Melvin ‘Pete’ Spradlin Memorial Bridge”; and, be it

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

    Which, under the rules, lies over one day.

    Senators Kirkendoll, Stollings, Plymale and Jenkins offered the following resolution:

    Senate Concurrent Resolution No. 11--Requesting the Division of Highways to name bridge number 23-10/20-0.23, located on County Route 110/20 in Logan, West Virginia, crossing a tributary of the Guyandotte River and locally known as the Logan High School Bridge, the “Army Major Thomas McElwain Memorial Bridge”.

    Whereas, Thomas McElwain was born in Logan, West Virginia, November 25, 1940, and was raised primarily by his maternal grandparents; and

    Whereas, Thomas McElwain attended Logan High School for a year, but later obtained a high school equivalency diploma; and

    Whereas, Thomas McElwain enlisted in the United States Army in 1958, at the age of eighteen, and underwent basic training at Fort Jackson, South Carolina; and

    Whereas, Thomas McElwain later attended Drury College in Springfield, Missouri, and the University of Maryland Far East Branch, obtaining two Master’s Degrees; and

    Whereas, Thomas McElwain rose through the ranks as an enlisted soldier and became a commissioned officer, completing numerous training assignments, including airborne training and special forces training, and completing officer candidate school at Fort Benning, Georgia, in 1963; and

    Whereas, Army Major Thomas McElwain was commanding officer of Company C, 1st Battalion (Airborne), 503rd Infantry in Vietnam in 1967 and 1968; and

    Whereas, Army Major Thomas McElwain was awarded the Silver Star for gallantry in action during a search-and-destroy mission November 11, 1967, near Dak To, Republic of Vietnam. When his company came under a heavy enemy mortar, rocket and small arms attack, Major (then Captain) McElwain distinguished himself on several occasions during the seven-hour battle, exposing himself to enemy fire to drag a wounded man to safety and to carry out the requirements of his command, although wounded himself; and

    Whereas, In addition to the Silver Star, Major Thomas McElwain was awarded the Bronze Star for Valor (three awards), Army Commendation Medal for Valor (two awards), Purple Heart, Vietnamese Cross of Gallantry with Silver Star, the Vietnamese Cross of Gallantry with Gold Star, the Good Conduct Medal, National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal, Air Medal, Combat Infantry Badge and the Senior Parachutist Badge; and

    Whereas, After his second tour of duty in Vietnam as a military advisor to 36,000 Montagnards, Major Thomas McElwain was chosen by General William Westmoreland for a National Speakers Tour. He traveled extensively throughout West Virginia, Kentucky and Ohio to local civic organizations to share information about the war; and

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

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

    Whereas, Army Major Thomas McElwain died September 24, 2013; and

    Whereas, It is fitting that an enduring memorial be established in the community he considered home to commemorate this native son’s service to his country; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to name bridge number 23-10/20-0.23, located on County Route 110/20 in Logan, West Virginia, crossing a tributary of the Guyandotte River and locally known as the Logan High School Bridge, the “Army Major Thomas McElwain Memorial Bridge”; and, be it

    Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the “Army Major Thomas McElwain Memorial Bridge”; and, be it

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

    Which, under the rules, lies over one day.

    The Senate proceeded to the eighth order of business.

    Eng. Senate Bill No. 346, Making supplementary appropriation from Lottery Net Profits to DNR and Bureau of Senior Services.

    On third reading, coming up in regular order, was reported by the Clerk.

    At the request of Senator Unger, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.

    The Senate proceeded to the ninth order of business.

    Senate Bill No. 3, Creating Uniform Real Property Transfer on Death Act.

    On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

    Com. Sub. for Senate Bill No. 29, Clarifying requirements for certain motor vehicle searches.

    On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

    The Senate proceeded to the twelfth order of business.

    Remarks were made by Senators Miller and Unger.

    Thereafter, at the request of Senator Laird, and by unanimous consent, the remarks by Senator Miller were ordered printed in the Appendix to the Journal.

    Pending announcement of meetings of standing committees of the Senate,

    On motion of Senator Unger, the Senate adjourned until tomorrow, Wednesday, January 22, 2014, at 11 a.m.

____________

This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Email WebmasterWebmaster   |   © 2024 West Virginia Legislature **


X

Print On Demand

Name:
Email:
Phone:

Print
X

PDF Not Ready Yet!

Please try later. The PDF file you requested is not available at the present time.
OK