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hdj2013-01-9-00
West Virginia Legislature

JOURNAL

of the

HOUSE OF DELEGATES


Eighty-First Legislature

First Regular Session



Charleston, Wednesday, January 9, 2013




     This being the day fixed by Section 18, Article VI of the Constitution of the State of West Virginia, for the annual assembly of the Legislature, the Members-elect of the House of Delegates met in their Chamber in the Capitol Building in the City of Charleston and, at 12 o'clock meridian, were called to order by the Clerk of the last House of Delegates, the Honorable Gregory M. Gray.
     The Clerk announced that the Honorable John Overington, the Delegate-elect from the 62nd Delegate District, was the oldest member in point of continuous service and, in accordance with Section 18, Article VI of the Constitution, would preside over the organization of the House of Delegates until a Speaker was chosen and shall have taken his seat.
     Delegate-elect Overington then assumed the Chair.
     Prayer was offered by the Honorable Clif Moore, the Delegate-elect from the 26th Delegate District.
     The House of Delegates was then led in recitation of the Pledge of Allegiance by the Honorable Charlene Marshall, a Delegate-elect from the 51th District.
     The Clerk then called the roll (Quorum Call), and the following answered to their names:

Ambler
Anderson
Andes
Armstead
Arvon
Ashley
Azinger
Barill
Barrett
Boggs
Border
Butler
Cadle
Campbell
Cann
Canterbury
Caputo
Cooper
Cowles
Craig
Diserio
Eldridge
Ellem
Ellington
Espinosa
Evans, A.
Evans, D.
Faircloth
Ferns
Ferro
Fleischauer
Folk
Frich
Gearheart
Guthrie
Hamilton
Hamrick
Hartman
Householder
Howell
Hunt
Iaquinta
Ireland
Jones
Kump
Lane
Lawrence
Longstreth
Lynch
Manchin
Manypenny
Marcum
Marshall
McCuskey
Miley
Miller
Moore
Morgan
Moye
Nelson, E.
Nelson, J.
O'Neal
Overington
Pasdon
Paxton
Perdue
Perry
Pethtel
Phillips, L.
Phillips, R.
Pino
Poling, D.
Poling, M.
Poore
Raines
Reynolds
Romine
Rowan
Shott
Skaff
Skinner
Smith, P.
Smith, R.
Sobonya
Sponaugle
Staggers
Stephens
Storch
Stowers
Sumner
Swartzmiller
Thompson
Tomblin
Walker
Walters
Wells
Westfall
White
Williams
Young

     The roll call disclosing that 100 Delegates-elect had answered to their names, the Presiding Officer declared the presence of a quorum.
     All the Delegates-elect present then qualified by taking and subscribing to the several oaths of office as prescribed by Section 16, Article VI of the Constitution of the State of West Virginia, which oaths of office were administered by the Honorable Menis Ketchum, Justice of the Supreme Court of Appeals.
     A communication from the Honorable Natalie Tennant, Secretary of State, was received and laid before the House, containing the official returns of the election held on the 6th day of November, 2012, covering the 100 seats in the House of Delegates, which returns were accompanied by certificates for those appearing to have been elected by the voters of the 67 Delegate Districts.
DELEGATES ELECTED

     The names of those whose credentials showed they were regularly elected members of the House of Delegates of the Eighty-first Legislature in accordance with the laws of West Virginia were as follows:

First District
    Ronnie D. Jones
    Randy Swartzmiller
Second District
    Phillip W. Diserio
Third District
    Ryan Ferns
    Erikka Storch

Fourth District
  David A. Evans
  Michael T. Ferro
Fifth District
  Dave Pethtel
Sixth District
  William Roger Romine
Seventh District

  Lynwood Ireland
Eighth District
  E. W. "Bill" Anderson, Jr.
Ninth District
  Anna Border
Tenth District
  Tom Azinger
  John N. Ellem
  Daniel Poling
Eleventh District
  Bob Ashley
Twelfth District
  Steve Westfall
Thirteenth District
  Scott Cadle
  Brady R. Paxton
Fourteenth District
  Jim Butler
Fifteenth District
  Troy Andes
Sixteenth District
  Kevin J. Craig

  Carol Miller
  Jim Morgan
Seventeenth District
  Doug Reynolds
  Dale Stephens
Eighteenth District
  Kelli Sobonya
Nineteenth District
  Don Perdue
  Rick Thompson
Twentieth District
  Justin J. Marcum
Twenty-first District
  Harry Keith White
Twenty-second District
  Jeff Eldridge
  Josh Stowers
Twenty-third District
  Joshua Nelson
Twenty-fourth District
  Rupert "Rupie" Phillips
  Teddy "Ted" Tomblin

Twenty-fifth District
  Linda Goode Phillips
Twenty-sixth District
  Clif Moore
Twenty-seventh District
  Joe Ellington
  Marty Gearheart
  John Shott
Twenty-eighth District
  Roy G. Cooper
  John D. O'Neal
Twenty-ninth District
  Ricky Moye
Thirtieth District
  Linda Sumner
Thirty-first District
  Karen "Lynn" Arvon
Thirty-second District
  Dave Perry
  John Pino
  Margaret Anne Staggers
Thirty-third District

  David A. Walker
Thirty-fourth District
  Brent Boggs
Thirty-fifth District
  John B. McCuskey
  Eric Nelson
  Suzette Raines
  Doug Skaff
Thirty-sixth District
  Nancy Peoples Guthrie
  Mark Hunt
  Danny Wells
Thirty-seventh District
  Meshea L. Poore
Thirty-eighth District
  Patrick Lane
Thirty-ninth District
  Ron Walters
Fortieth District
  Tim Armstead
Forty-first District
  Adam R. Young
Forty-second District
  George "Boogie Ambler
 Ray Canterbury
Forty-third District
  Denise L. Campbell
  Bill Hartman
Forty-fourth District
  Dana L. Lynch
Forty-fifth District
  Bill Hamilton
Forty-sixth District
  Peggy Donaldson Smith
Forty-seventh District
  Mary M. Poling
Forty-eighth District
  Samuel J. "Sam" Cann
  Danny Hamrick
  Richard Iaquinta
  Tim Miley
Forty-ninth District
  Mike Manypenny
Fiftieth District

  Mike Caputo
  Linda Longstreth
  Tim Manchin
Fifty-first District
  Anthony P. "Tony" Barill
  Barbara Evans Fleischauer
  Cindy Frich
  Charlene Marshall
  Amanda Pasdon
Fifty-second District
  Larry A. Williams
Fifty-third District
  Randy E. Smith
Fifty-fourth District
  Allen V. Evans
Fifty-fifth District
  Isaac Sponaugle
Fifty-sixth District
  Gary G. Howell 
Fifty-seventh District
  Ruth Rowan

Fifty-eighth District
 Daryl E. Cowles
Fifty-ninth District

  Larry D. Kump
Sixtieth District

  Larry E. Faircloth
Sixty-first District
  Jason Barrett
Sixty-second District
  John Overington

Sixty-third District
     Michael "Mike" Fold
Sixty-fourth District
     Eric L. Householder
Sixty-fifth District
     Tiffany Lawrence
Sixty-sixth District
     Paul Espinosa
Sixty-seventh District
     Stephen Skinner
  In the absence of objection, the returns of the election of Delegates as presented by the Secretary of State were accepted and filed with the Clerk of the House.
* * * * * * *

ELECTION OF SPEAKER

  The Presiding Officer announced that the next order of business was the election of a Speaker of the House of Delegates for the Eighty-first Legislature and stated that nominations were now in order.
MAJORITY NOMINATION

  Delegate Pethtel, the Delegate from the 5th Delegate District, nominated the Honorable Rick Thompson from the 19th Delegate District, as follows:
     Delegate Pethtel. Thank you, Mr. Chairman.
     Fellow Delegates-elect of the 81st Legislature, each of us has the good fortune of being here, a Member of this House of Delegates by virtue of our election as a representative of the people. The West Virginia Constitution mandates that the Senate shall chose from its own body, a President, and the House of Delegates from it's own body, a Speaker. Therefore, one of our first responsibilities as elected representatives of the people is to come together as we do now to begin the process of organizing ourselves in an elective body. I feel so honored and privileged as I stand before you today to place into nomination for the constitutional office of Speaker of the House. The name of our friend, our colleague, and our leader for the past six years, Rick Thompson.
     I can think of no one better trained, equipped, and prepared to lead us through the 81st Legislature than Rick Thompson. Rick has ably and honorably led us through difficult times, not with an iron fist but with the quiet dignity that respects, encourages, and celebrates the respective and diverse talents of everyone so honored to be a member of this body. He has said on more than one occasion the House of Delegates is not Rick Thompson's House. It is first, foremost, and always, the people's House.
     Rick works hard to get consensus on contentious issues. He realizes the reality that as leaders conducting the important business of the people we can not allow our hearts to overrule our heads. We must act intelligently, methodically, and logically to solve the problems that are faced by our communities and our State. Speaker Thompson has had many major accomplishments during his tenure as Speaker. A few that come to mind are:
     H. B. 2464, the ethics bill, that the House passed unanimously to strengthen ethics requirement for public officials. At the outset of the 2011 Session he said the measure was a top priority and our House members agreed, sending that bill to the Senate in the first week. The House stood by each major provision of the ethics bill, and the result is a strong law;
     OPEB. He spear-headed through a hard fight for this bill in the first weeks of the 2011 Session to retire the long-term unfunded liability of other post employment benefits which is very important to the financial well being of both state government and local school boards;
     Marcellus Shale. Some of the most promising prospects for job creation surround the growing Marcellus Shale extraction industry, and the businesses that are likely to build around such operations.
     That is why the Speaker advocated holding a special session dedicated exclusively to creating a regulatory framework for the industry that encourages its development while providing protection for residents, the environment, and workers. He worked hard to facilitate an agreement among all interested parties.      I found out personally that if you treat Speaker Thompson with dignity and respect, he will treat you the same way in return and work with you. I've had the good fortune of being elected eleven times by the people of the 5th Delegate District. Today I begin my twenty-first year in the House of Delegates. I've served under the leadership of Speaker Chuck Chambers, Speaker Bob Kiss, and Speaker Rick Thompson. Anyone who has followed my legislative career will tell you that on nearly every occasion I have voted with the Democratic leadership. I have found that it has served me and my constituents well. I can honestly say that Speaker Thompson has never turned me down when I asked for help for my constituents in the 5th Delegate District.
     I haven't had many private conversations with Speaker Thompson, but there is one that I distinctively remember in 2008. The issue was a Rules bill relating to the requirements governing water standards. This was a very contentious issue and had been discussed in the Legislature for years. I was called into the Speaker's office and Rick asked me how I was going to vote on the bill. I told him I didn't know at that point and time. It was what he said next that really impressed me. He said for me to do whatever I needed to do on the bill and he would respect my decision; however, he also said in a calm voice that he had worked very hard in trying to get a consensus with interest groups and really needed my help on this bill. Because of his non-intimidating request, I ended up voting for the bill. As I stated before, he does not rule with an iron fist. For the reasons I have discussed, among many others, I am proud and honored to put the name of Rick Thompson before you for the nomination as Speaker of the West Virginia House of Delegates.

* * * * * * *

  The nomination of Delegate Thompson was seconded by the Honorable Margaret Anne Staggers of the 32nd Delegate District, with the following remarks:
     Delegate Staggers. God whispered His name to prophets of old: I am -- not I was, or I will be. We are here together in this place with bright new faces, with torn, beaten faces, with old grudges, with obligations, disparate interests, and new hopes. But this is our moment now at the birth of the 81st Legislature to decide who shall lead us and who can best guide us as we travel down the unmarked trail to the future.        
     I explain the legislative process to grade school children as having ninety- nine brothers and sisters. One needs only to convince fifty of them to agree with you and your siblings and you will be successful in your efforts. Our Speaker would never claim paternity to this group, but he does an excellent job of mediating and moderating this obstreperous band.
     The Speaker of the House should induce others to serve him because of his willingness to serve others. Our Speaker does. The Speaker of the House should engage in no transaction which does not benefit all whom it effects. Our Speaker does not. The Speaker of the House should realize that no position of power can endure unless built upon truth and justice. Rick Thompson knows this. The Speaker of the House will cause others to believe in him because he believes in them and in himself. Rick Thompson believes. The Speaker of the House will succeed by attracting the forces he wishes to use and the cooperation of other people. Rick Thompson does.
     One could look to the past, stand here in the present, and anticipate to the future and conclude that the only right and just path is to cast a vote for excellence, a vote for Speaker Rick Thompson. Quote - " Where on the pillars of the Earth are founded toward which the consciousness of the world is tending a wind is rising and the rivers flow." I second the nomination of Rick Thompson.
  The nomination was also seconded by Delegate Doug Reynolds of the 17th Delegate District, as follows:
     Delegate Reynolds: Thank you, Delegate Overington.
     Fellow Delegates, it is an honor to stand before you today and second the nomination of my fellow attorney, Wayne Countian, and friend, Rick Thompson for a fourth term of Speaker of this House of Delegates.
     I did a quick count, and there were forty-seven of us that were here in 2007, six years ago, when we first chose Rick Thompson to be our leader in this House of Delegates. And as I look back, many of us have gone on to bigger and better things, and some of us, like Delegate Eldridge, have come back. It's great to have you back Jeff, but most of us have been together for the last six years, and I think we have a lot to be proud of under the Speaker's leadership.
     We have put a system in to get rid of the food tax and put us on a plan to get rid of the business franchise tax. We have taken our God-given natural resources and come up with a legal framework to exploit those in a manner that benefit all West Virginians, and most importantly, those people on the front lines, we have made sure it is safe to do so. We have made sure that our seniors and folks who have put a lifetime of effort in our State, our municipal employees and our teachers can have a secure retirement. That is something all one hundred members can be proud of.
     There have been many times that we haven't all wanted to go in the same direction. We've had to deal with gaming policy, result of how we finance different services in this State, campaign, finance, ethical reforms, and I don't think any of us will forget the redistricting session in 2011.
     I haven't always been on the prevailing side on many of these issues, but I have always pressed the green light when it comes down to believing in the collective wisdom of this chamber and believing in the free and open debate and believing we were moving the state forward, even when I might have disagreed.
     I look back at all that has happened during that time and we have three new Justices, one of those being Justice Ketchum on the Supreme Court. We've had two different Governors, a Senate President acting as Governor and two Senate Presidents, but the one consistency is this body has often been at the center of those debates and the Speaker has often been the Speaker during these challenging times. So, one day the forty-seven of us left from 2006 will all be gone, including Delegate Overington. He will probably be the last to leave. I hope there is still a Democrat as Speaker at the time, but when they look back and our children or our grandchildren are going through their West Virginia history books, I think they very well might be calling this the Thompson Era of West Virginia government. I think we should all be proud to be a part of that.
     Today is a new challenge and I think we all know that. Our body is more evenly divided than it has been in a very, very long time. I believe Delegate Thompson will be the first one to tell you, you shouldn't just vote for him or support because he's done a great job the last six years. We've got some new challenges and we're going to have to deal with adversity. There are going to be some tough times here. I can tell you as a delegate, and I know there are some new delegates here, it doesn't always go your way. It's frustrating, and it's upsetting, and there is adversity, too, in this process. Every member in this chamber will have to deal with adversity over the next two years.
     Over the last six years, I have learned in watching the Speaker, and often it seems as if it's no big deal there is an amendment or something that I might think is the most important thing in the world, and he has a calmness, a collectiveness, a stoicism almost that would lead one to believe that he really knows what is really important beyond this capitol in the long run. I firmly believe that he has a character that has been formed by incredible levels of adversity.
     For many of us, the worst thing that has happened is that we lose our bill here or there is an amendment we don't like which is adopted. Rick Thompson is a man that has overcome incredible odds to be Speaker of this body and whether you agree with him one hundred percent or zero, it's something we should all be proud of. We should all be proud that someone like Rick Thompson would become Speaker of this House of Delegates. He's an attestment to our Country and our State. So, during this next session, we are all going to have challenging times and we are all going to have to work together. I can assure you, Rick Thompson will be there for us, and when we lose our bills or the Senate does something we don't like or the Governor vetoes something that we think should be in there, he will suffer with us. I would ask that you support Rick Thompson for a fourth term as our Speaker.
MINORITY NOMINATION

  Delegate O'Neal, 28th Delegate District, then nominated the Honorable Tim Armstead, the Delegate from the 40th Delegate District, as follows:
     Delegate O'Neal. Thank you, Mr. Speaker.
     Honorable ladies and gentlemen, family, friends, and special guests. We have two good men as candidates before us today for Speaker. It is with great pleasure that I rise to nominate Delegate Timothy Paul Armstead for Speaker of the House of the 81st Legislature of the State of West Virginia.
     Tim Armstead is imminently qualified to lead this assembly on day one. He has spent most of his adult life in public service in our State, working in all three branches of government. Tim has served in the Judicial branch of government as a clerk for a judge in Mercer County where he and I first met, as our families worshiped together in our local church. Tim served in the Executive branch of state government while working in the administration of two different governors. For the last fourteen years Tim has served with distinction in this body as a Delegate from Kanawha county. He has been selected as caucus leader by his peers four times. We stand now on the doorstep of historic change in our State. In Tim Armstead we have a leader with the qualifications, the character, and the record of successful leadership to lead this body and our state across the threshold and into a new era of greatness. I'm proud to place in nomination for Speaker of the House, Timothy Paul Armstead.
     Thank you very much.
  The nomination of Delegate Armstead was seconded by the Honorable Anna Border of the 9th Delegate District, with the following remarks:
     Delegate Border. Ladies and gentlemen, it is indeed an honor that I rise to second the nomination of Tim Armstead to be Speaker of the West Virginia House of Delegates. It has been a great privilege to be a friend, and now colleague, of Delegate Armstead for over ten years. He is a good and decent man, a godly man who always puts others before himself. He is steadfast in all his endeavors and has unmatched integrity. I do not believe that I have encountered another person with such an abundant ability to lead not only this body but the entire State of West Virginia. It is again my great pleasure and honor to second the nomination for Delegate Tim Armstead to be our Speaker.
  Delegate Marty Gearheart, 27th Delegate District, also seconded the nomination of Delegate Tim Armstead, as follows:
     Delegate Gearheart. What a great honor it is to be here before you this morning to have the opportunity to second the nomination of Tim Armstead to be our next Speaker. Tim is the type of leader that I think most West Virginians can appreciate. He leads by example. Tim acts the same way and he treats every individual member in the same way. He doesn't attempt to influence people by twisting their arms, or to lead he simply leads with a moral and ethical approach where he attempts to bring logic and reason to the game. He allows people to make decisions based on what he presents to you, and you want to follow someone who treats you in that type of manner. I have known Tim for a very long time. I have always loved and appreciated the way he treats people. Once becoming a member of this body, I found that is who he is in every aspect of his life, and I couldn't imagine anyone being better for this body as it's leader. As such, I would respectfully like to second the nomination of Tim Armstead to be our next Speaker.

  There being no further nominations, on motion of Delegate Pethtel, the Presiding Officer declared nominations closed.
* * * * * * * * * *

  The Clerk then called the roll (Roll No. 1), the result of which was as follows:
  Delegates voting for Delegate Thompson - 54, as follows:
Armstead
Barill
Barrett
Boggs
Campbell
Cann
Caputo
Craig
Diserio
Eldridge
Ferns
Ferro
Fleischauer
Guthrie
Hartman
Hunt
Iaquinta
Jones
Lawrence
Longstreth
Lynch
Manchin
Manypenny
Marcum
Marshall
Miley
Moore
Morgan
Moye
Paxton
Perdue
Perry
Pethtel
Phillips, L.
Phillips, R.
Pino
Poling, D.
Poling, M.
Poore
Reynolds
Skaff
Skinner
Smith, P.
Sponaugle
Staggers
Stephens
Stowers
Swartzmiller
Tomblin
Walker
Wells
White
Williams
Young
 
  Delegates voting for Delegate Armstead - 46, as follows:
Ambler
Anderson
Andes
Arvon
Ashley
Azinger
Border
Butler
Cadle
Canterbury
Cooper
Cowles
Ellem
Ellington
Espinosa
Evans, A.
Evans, D.
Faircloth
Folk
Frich
Gearheart
Hamilton
Hamrick
Householder
Howell
Ireland
Kump
Lane
McCuskey
Miller
Nelson, E.
Nelson, J.
O'Neal
Overington
Pasdon
Raines
Romine
Rowan
Shott
Smith, R.
Sobonya
Storch
Sumner
Thompson
Walters
Westfall
  The Presiding Officer stated that the total number of votes cast was 100, of which the Honorable Rick Thompson of the 19th Delegate District received 54, and the Honorable Tim Armstead of the 40th Delegate District received 46, and declared that the Honorable Rick Thompson, having received the majority of the votes cast, was duly elected Speaker of the House of Delegates. (Applause, the members rising)
  Whereupon,
  The Presiding Officer appointed Delegates Pethtel, Staggers, Reynolds and Armstead as a committee to escort the Speaker-elect to the Chair.
  The committee then escorted the Speaker-elect to the Clerk's Desk, where he took and subscribed to the several oaths of office, which oaths of office were administered by the Honorable Menis Ketchum.
  Delegate Armstead delivered the following remarks prior to presenting the Speaker to the House:
     Delegate Armstead. Mr. Speaker, I know we use this term a lot in the House, that you have friends across the aisle. I want to say that we use that term seriously in terms of friendship. I do think that this House, as the lady from the 32nd said, is like a hundred brother and sisters and friends. We want to pledge to you our continued friendship as we continue on in the journey that all of us are quite honored to be on apart of in this House.
     I know as friends we don't always agree on everything, and I'm sure that will continue. I do say that your forty-six friends across the aisle this time pledge to you that as we continue to work together. You will have our respect. That as we agree on things, we will work hand in hand with you on those. When we disagree we will do it respectfully and we will do it all with the goal of moving forward West Virginia.
     I know there has been a lot of discussion about this historic election, and in many ways it was historic. I think what will really be historic is if we can use the next two years to address the challenges that face our fellow West Virginians. There are 60,000 fellow West Virginians out of work as we stand here today. The other challenges that we know our other fellow citizens have sent us here to meet.
     So as we start that journey for the next two years I want to offer you our best wishes, our appreciation for your service, and our pledge that we will work always with the goal of making West Virginia a better place to live.
     Now it is my pleasure and my honor to introduce to you the Speaker of the 81st Legislature, the Honorable Rick Thompson.
  At the conclusion of Delegate Armstead's remarks, the Clerk presented the gavel to the Speaker and he assumed the Chair. (Applause, the members rising in ovation)
  The Speaker then addressed the House as follows:
     Mr. Speaker, Mr. Thompson. As I reflect back, I am reminded of what I said as I stood before this body in January of 2006, having just been elected Speaker of the House for the first time. I referred to a speech written by President John F. Kennedy, quoting the phrase: "Leadership and learning are indispensable to each other."
     What I recognized as wise words at the time, I now know to be an absolute truth. Every single day has been a learning experience. And I have each and every member who I have served with to thank for that. In fact, I have come to realize that the term "leadership" can be quite deceptive.
     Each piece of legislation is unique, and as it makes its journey through the complex legislative process - every step of the way, at any given moment - there is inevitably an individual member who I look to....To take the lead. I have found an essential part of being Speaker of the House is recognizing the experience and passion that each of you bring to the table - and when an issue arises that peaks your interest, touches the specific needs of your constituents - relying on your leadership to guide me. From the very beginning, I have urged principle above partisanship. Ethics above opportunity. Putting the people's interests above the special interests.
     I have found my open-door policy to be extremely rewarding and the free and open debate refreshing and productive. Of course I owe a lot to each and every member who took the lead and worked tirelessly to maintain an open, inclusive process. I need every member's input and I can't tell you how much I have valued it over the years. I also believe that now, more than ever, it is essential that we continue to work together, to stand together.
     We must be pragmatic in dealing with the challenges our state faces, working with all our colleagues, on both sides of the aisle. We are united in a desire to improve this state and work toward a better future. This isn't Washington, thank goodness. We know West Virginians don't want gridlock; they want progress. Voting "no" at every turn - or pushing off earnest attempts at real solutions, until we reach the edge of a "cliff" in order to avoid difficult votes - will not work. West Virginians cannot afford, and should not tolerate, losing ground to political gamesmanship by either party.
     Let us dedicate our energy to meaningful measures that bring positive change. In fact, let's pause for a moment to reflect on some of this Legislature's accomplishments.
     Together, we oversaw the reduction of the corporate net income and eventual elimination of the business franchise taxes; repealed the corporate license tax; and oversaw the elimination of the timber severance tax.
     Together, we secured the unemployment compensation fund, maintaining its solvency at minimal cost. And we ensured a smooth transition to a private workers' compensation market.
     Together, we oversaw the merger of the massive Teachers Retirement System, ensuring a secure retirement for our educators.
     Together, we saw the state's bond rating increased due to our fiscal conservatism and consistent Rainy Day Fund balances.  
     Together, we expanded the Promise Scholarship program and increased education benefits for veterans.
     Together, we initiated and saw through to passage an extremely important mine safety bill that includes not only strong safety measures, but empowers miners to voice their concerns and take whatever steps necessary to protect themselves and their coworkers.
     Together, we laid the groundwork for a separate business court docket to facilitate complex cases unique to the business community, sending the clear message that this state is business friendly.
     Together, we created a regulatory framework for the promising and rapidly growing Marcellus Shale industry that encourages its development while providing protections for residents, the environment and workers.
     Together, we retired the long-term unfunded liability of Other Post Employment Benefits.
     I know that each incumbent can think of issues and legislation important to your constituents that this House was able to address. But after reflecting on what we have done, I believe there is so much more we can do...
     Together, we can work with the education audit to improve our public schools.
     In preparation for the session, I have appointed nine delegates to serve on a bipartisan panel that is delving into the Governor's Education Efficiency Audit.
     The education system in West Virginia is on the brink of an overhaul, and it is important that all members of the House of Delegates are up to date and knowledgeable of what the audit recommends and what is needed to improve upon our education environment here.
     I want each of you to make an informed decision, and to use this panel as a resource. We can build common ground now and hit the ground running - to do what it takes to make the West Virginia public education system the best.
     We can work to help West Virginians gain access to affordable, quality health care. Recently, I made the decision to elevate the House of Delegates Health Committee to a major committee to address West Virginians' many health concerns. I know we all want to improve health care accessability and affordability, in particular for our growing senior population.
     We can find ways to better address the insidious substance abuse problem in our State, which has in large part led to overcrowded jails and more crime. We can use the upcoming justice report to make sure dangerous criminals are kept behind bars and that we reduce jail costs to our counties. We can support our State Police and provide them with the best possible equipment to keep our children, the public and themselves safe. We can ensure the Promise Scholarship is maintained so that our best and brightest have the opportunity to attend college. And we can do more to help our State's veterans succeed here, especially within our higher education system.
     As West Virginians, we know the importance of West Virginia coal to our State and Nation. We can continue our fight to make our mines safer and keep our miners safe. Even one death, such as the recent tragedy in Harrison County, is one too many.
     It's not going to be easy, but we can find a way to better fund our road system, which is unique in that it is currently paid for almost entirely at the state level. We have to continually stretch our tax dollars.
     As we balance the state budget and ensure the payments of our long-term debt, we can seek to better determine what tax incentives the state offers to businesses and how to accurately track their effectiveness in bringing jobs to West Virginia.
     We must be careful stewards of taxpayer money, and that means taking every step to determine the costs and benefits of every piece of legislation. Together, I know we can accomplish so much. I am reminded yet again of the words of President Kennedy, who said at his inauguration:
     "So let us begin anew, remembering on both sides that civility is not a sign of weakness, and sincerity is always subject to proof. Let us never negotiate out of fear, but let us never fear to negotiate. Let both sides explore what problems unite us instead of belaboring those problems which divide us."        
     If we all move forward in that spirit, I am confident the entire House of Delegates, and the Legislature as a whole, will have a productive, very successful session.
And in the coming weeks, I look forward to meeting with each of you, learning from you .... and following your lead.
  
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ELECTION OF CLERK

  The next order of business being the election of the Clerk, the Speaker stated that nominations were now in order.
  Delegate Poore, the Delegate from the 37th District, nominated Gregory M. Gray, of the County of Kanawha, as follows:
     Delegate Poore. Thank you Mr. Speaker.
     It is certainly an honor to be before you this morning. Some new faces and some old faces, but all friends. Before I begin, I want to say Happy New Year to you.
     We are all in this body doing what is important: working for the people here of the State of West Virginia.
     When I was first sworn in to be an attorney here in West Virginia, I was told about an old man who walked down a country road with not a house in sight or a person in sight, and as he passed a post he saw a turtle that sat above that post. It doesn't matter if you are new here or if you're old here, if you're a Democrat or a Republican. I hope we can all agree today on one thing, that turtle didn't get on that post by itself. I could say it a different way, the way my momma and daddy taught me. You better not forget where you came from and who helped you get there.
     I'm here to nominate a man who will certainly make you who you are meant to be in this body, a true servant. Someone who can help you walk the walk and talk the talk, because he will make sure you have a book of rules that you're supposed to follow. Whenever you go off of stride, he will bring you back to task and make sure you know what you're supposed to do. He doesn't just do that with us. He makes sure his staff is in line, and they treat you with so much dignity and respect when you go in. He doesn't care if you have an "R" or a "D" behind your name he just cares that you're here for the right purpose -- to serve.
     Now of course I could go through his resume?, and I certainly am going to do that. I already loved him when I first came here because he grew up where my daddy was born and raised, Fayetteville , West Virginia. He is one of us. He went to public schools and graduated from the University of Paris. He also was hired here in January of 1973 to serve during the Regular Session. So, he has a little bit of experience behind him on how to do this! He didn't just keep it domestic -- he went internationally and he was able to be the professional parliamentary advisor in Burkina Faso and Benin, Africa. He helped to reorganize and redefine the Parliament and their staff to form a democracy in those French-speaking countries. He doesn't just care if we get it right here in West Virginia. He cares if we get democracy right throughout this world, and he could be anywhere, but he chose to be at home-- here, with us.
     I am pleased to call him a friend. There were five people you met when you first came in, top leaders, and he was one of those people. He makes sure you know where to sit on the floor. He makes sure you know what to say for your oath. He will make sure that throughout your process here you're doing what is supposed to be done, not because you are a Democrat or Republican. He already knows what he stands for. He gets his policy. He doesn't care what your faith is. He knows what his God is. All he cares about is you do the right thing. He will help you get up on that post or whatever soap box you preach from to make certain that you're following the rules of this House and the Constitution, and that you're doing what is right by the people of West Virginia because of the rules, not because of your theories or issues.

     So, I am honored to represent my friend and nominate him before this body. Gregory M. Gray as Clerk of our body.
  The nomination was seconded by Delegate Eldridge of the 22nd Delegate District, with the following remarks:
     Delegate Eldridge. Thank you Mr. Speaker.
     Thank you all for having me here today, and I want to say what an honor it is to stand here and second the nomination of such a great and knowledgeable man. I was first elected in 2004, and Greg was one of the few people I ran into who treated me like I was at home here. His staff is very respectful, and they are always there to assist you with whatever you may need.
     Personally, Greg has helped me in several ways. The first time I ever saw Greg, I felt he was down to earth and really cared about what he is doing. That makes you feel better, and I knew I liked him the first time I saw him. He welcomed me in, showed me around the chamber, and showed me around the building. Newly elected in 2004, rolling in here I didn't really know what to expect, and with the help and assistance of Greg it was less terrifying being here.
     You know being here really takes a toll on your relationship or your marriage. I was in town 2006 and 2007, having difficulties with my marriage and agreed to do family therapy. I rolled in, and if anybody knows me, I'm usually close to being on time or a few minutes late. That is the way it was with this, and I rushed in downtown and parked. I knew I was close to the area, but couldn't find where I was going. I started going down the street and who do I run into other than Mr. Gray. He knew the location, and actually walked me to the place and helped me personally. You don't forget things like that.
     When you're in a committee and you're having difficulty with an issue that nobody knows the answer to, who are you going to call? You're going to call Greg Gray. He will come down and make sure you do it the right way, according to the rules, and that we follow the Constitution of West Virginia.
     You may have people in your neighborhood and your district that go out of their way to help people. I have had several people over here that I've wanted to present citations to, but at first I didn't really know how to that. I knew there probably was a way to go about, so I go ask Greg about it. Greg says we can make a citation and bring them on the floor and recognize their accomplishments in your district. I appreciate that.
     Last but not least, Greg has asked me three or four times to come up here and second his nomination and I have told him no except for this. I didn't come back the last two years, and you reflect back and wish you could have done some things different. This was one of the things I wish I would have done, which is second his nomination. So when I got reelected, Greg Gray asked me again, and I said I'm going to do it or he's not going to quit asking me!
     He is honest, trust worthy, knowledgeable, and he has traveled to other countries to set up Parliament and show them the right procedures as well. So, I can't think of anyone else to second the nomination of Greg M. Gray as Clerk of the 81st House of Delegates.
  On motion of Delegate Poore, nominations were closed and the Honorable Gregory M. Gray, of the County of Kanawha, was elected Clerk of the House by acclamation.
  Mr. Gray then qualified by taking and subscribing to the oath of office as prescribed for the Clerk, which oath of office was administered by the Honorable Menis Ketchum.
ELECTION OF SERGEANT-AT-ARMS

  The next order of business being the election of Sergeant-at-Arms, nominations were now in order.
  Delegate Paxton, a Delegate from the 13th Delegate District, nominated George McClaskie, of the County of Kanawha, as follows:
     Delegate Paxton. Mr. Speaker, honored guests, my fellow brothers and sisters of the West Virginia House of Delegates:
     You might find it odd for me to call you brothers and sisters, but that is exactly what you are. You have joined one of the best families in the State of West Virginia and, like families, we sometimes have disagreements. Now just like most families we have big brothers to call on to help us work through those. We are lucky to have Delegate Armstead on one side, and Delegate Rick Thompson on the other. Please use them.
     I am about to introduce a man who needs no introduction. He is trustworthy, loyal, friendly, courteous, kind, obedient, thrifty, cheerful, brave, clean, and reverent. He is a very hard worker, and knowledgeable, and a heck of a poker player. He is prompt, pays attention to detail, a leader, and we are fortunate to have him.
     He is the one to go to if you have any questions about this glorious office we work in. The ups and downs of being a House of Delegates member will soon go into boredom. I have been here for twenty years. Every morning I get out of my truck on California Avenue, and I am awed. I am taken aback by the beauty and history of this facility that we have the privilege to work in. I even have an office here. We are very fortunate.
     Of course the person I was referring to was George W. McClaskie for the position of Sergeant-at-Arms with the West Virginia House of Delegates.
  The nomination was seconded by Delegate Guthrie of the 36th Delegate District, with the following remarks:
     Delegate Guthrie. Good afternoon to all of you.
     For all of you new people, if you are anything like I was the first year I was here, when you first sat down in your seat, I'm sure it struck you, "what am I doing here?" One of the things you will learn in the People's Chamber, everybody calls it the People's Chamber, is that nothing works if we don't have the Greg Grays of the world or George McClaskies of the world ushering us around.
     If you have ever seen a train go off its rails, then try walking into a House of Delegates without a Sergeant-at-Arms. It's been a long time since we've had an election for Sergeant-at-Arms. Our last Sergeant-at-Arms, Oce Smith we all knew and loved. You always knew that Oce was here because his voice preceded him. Oce was first elected to Sergeant-at-Arms in the 58th Legislature, the 58th. So, you see this isn't job opportunity that comes up often.
     George is one of those people who has shown so many kindnesses to so many people in this room, including me. He is a man who reports himself with quiet dignity and grace, and one of the folks in this room who will make your life easier. He will make sure you are in the right place at the right time. You can depend on him.
     I can't tell you what an honor and privilege it is for me to say to George, "You have some very big shoes to fill, and I mean big." They were big, but we know and trust that you will bring as much to this position as our beloved Oce Smith did from the 58th Legislature on. So, Mr. Speaker, I would like to second the nomination of George McClaskie for Sergeant-at-Arms.
  On motion of Delegate Paxton, nominations were closed and the Honorable George McClaskie, of the County of Kanawha, was elected Sergeant-at-Arms by acclamation.
  Mr. McClaskie then qualified by taking and subscribing to the oath of office as prescribed for the Sergeant-at-Arms, which oath of office was administered by the Honorable Menis Ketchum. (Applause, the members rising)
ELECTION OF DOORKEEPER

  The next order of business being the election of Doorkeeper, nominations were now in order.
  Delegate Moore, the Delegate from the 26th Delegate District, nominated Tom Hively, of the County of Kanawha, as follows:
     Delegate Moore. Thank you Mr. Speaker, members, and guests.
     The primary duties of a Doorkeeper are to: one, to monitor ingress for the
Chamber and its galleries; two, to organize the distribution of House documents and information; and three, to act as conci?rge if you will, to each member. The Doorkeeper must maintain neutrality among the parties while at the same time remaining loyal to the Speaker, the members and staff.
     Some of you might think this is a pretty easy job and anyone could do it. Well, if anyone could do it, then they would be looking to fill the position. In my opinion there is only one person who can effectively, efficiently, and professionally discharge the duties of the Doorkeeper. For those reasons I stand proudly before you today to nominate our friend and brother, Tom Hively, to be the Doorkeeper of the House of Delegates for the 81st Legislature .
  The nomination was seconded by Delegate Wells of the 36th Delegate District, with the following remarks:
     Delegate Wells. Good afternoon. It is my privilege to second the nomination of Tom Hively as Doorkeeper of the House of Delegates. Tom has served this House well for sixteen years as Assistant Doorkeeper in a friendly and efficient way. We are lucky to have him. He is a graduate of West Virginia State University, it was State College then. He has lived in Chesapeake, West Virginia in Kanawha County for forty years. He served the Country as a U.S. Marine. I am glad to second the nomination of my friend Tom Hively.
  On motion of Delegate Moore, nominations were closed and the Honorable Tom Hively, of the County of Kanawha, was elected Doorkeeper by acclamation.
  Mr. Hively then qualified by taking and subscribing to the oath of office as prescribed for Doorkeeper, which oath of office was administered by the Honorable Menis Ketchum. (Applause, the members rising)
* * * * * * * * * * *

  On motion of Delegate Boggs, the Speaker was authorized to appoint a committee of three to notify the Senate that the House of Delegates had assembled in the First Session of the Eighty-first Legislature as provided by Section 18, Article VI of the Constitution of the State, with a quorum present, had organized by the election of Rick Thompson, 19th Delegate District, as Speaker; Gregory M. Gray, of the County of Kanawha, as Clerk; George McClaskie of the County of Kanawha, as Sergeant-at-Arms; and Tom Hively, of the County of Kanawha, as Doorkeeper, and was ready to proceed to the business of the session.
  Whereupon,
  The Speaker appointed as members of such committee:
  Delegates Barill, Young and Border.
  At the request of Delegate Boggs, and by unanimous consent, the applicable provisions of House Rule 136, relating to privileges of the floor, were suspended for the remainder of the day to extend privileges of the floor to invited guests and families of members.
  A message from the Senate, by
  Senators Hall, Carmichael and Miller announced that a quorum of the Senate had assembled and organized by the election of the Honorable Jeffrey V. Kessler, 2nd Senatorial District, as President; Joseph M. Minard, of the County of Harrison, as Clerk; the election of other officers as provided by law, and was ready to proceed to the business of the session.
  Delegate Barill from the Committee to notify the Senate that the House of Delegates had assembled for the First Regular Session of the Eight-first Legislature, with a quorum present, had organized by the election of officers and was ready to proceed to the business of the session, announced that the committee had performed that duty.
  On motion of Delegate Boggs, the Speaker was authorized to appoint a committee of three on the part of the House of Delegates, to join with a similar committee of the Senate, to inform His Excellency, the Governor, that the Legislature had assembled for the First Regular Session of the Eighty-first Legislature as provided by Section 18, Article VI of the Constitution of the State, with a quorum of each house present, had organized by the election of officers of the respective houses, and was ready to enter upon the business of the session.
  Whereupon,
  The Speaker appointed as members of such committee:
  Delegates Campbell, Marcum and Westfall.

  Delegate Campbell, from the committee to inform His Excellency, the Governor, that the Legislature had assembled for the First Regular Session of the Eighty-first Legislature, with a quorum of each house present, had organized by the election of officers of the two houses as provided by the Constitution, and was ready to enter upon the business of the session, announced the performance by the committee of its assigned task.

* * * * * * * * * *

Resolutions Introduced

  Mr. Speaker, Mr. Thompson, offered a resolution, which was read by the Clerk as follows:
  H. C. R. 1 - "Raising a Joint Assembly to open and publish election returns."
  Resolved by the Legislature of West Virginia:
  That the two houses of the Legislature convene in Joint Assembly in the Hall of the House of Delegates at 1:30 o'clock postmeridian, this day, that the Speaker of the House of Delegates may, in the presence of the Senate, open and publish the returns of the election held throughout the State on the 6th day of November, 2012, as provided by Sec. 3, Article VII of the Constitution.
  At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. C. R. 1) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
  Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
  Mr. Speaker, Mr. Thompson, offered the following resolution, which was read by the Clerk as follows:
  H. R. 1 - "Adopting Rules of the House of Delegates."
  Resolved by the House of Delegates:
  That the Rules of the House of Delegates in effect at the expiration of the 80th Legislature are hereby adopted and shall govern the proceedings of the regular sessions of the 81st Legislature and any extraordinary sessions thereof insofar as applicable, subject to amendment as provided by Rule 133.

  At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 1) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
  [Clerk's Note: The rules are printed in their entirety as part of the record of proceeding of today. The Introductory to the House Rules has been included and, while not part of the Rules, will serve to give an historic overview and synopsis of information pertinent to the organization and operation of the Legislature.]

RULES OF THE HOUSE OF DELEGATES


INTRODUCTORY


**(Insert Rules of the House - Do not Include the Index)
* * * * * * * * * * * * *


           Mr. Speaker, Mr. Thompson, offered the following resolution, which was read by the Clerk as follows:
           H. R. 2 - "Authorizing the publication of a Legislative Manual, providing for a mailing list for House Journal, authorizing other mailings upon request, and authorizing payment of travel and other expenses of the House."
           Resolved by the House of Delegates:
           I. That the Clerk of the House of Delegates is hereby authorized to compile and have printed without delay a Legislative Manual containing the rules of the Senate and of the House of Delegates and such matter and material as he may deem to by useful and convenient to the members of the Legislature. The Clerk of the House of Delegates shall cooperate with the Clerk of the Senate in compiling said manual and include therein such material with reference to the Senate as said Clerk of the Senate may prepare so as to obviate the necessity of the Senate publishing a manual.
           II. That during the sessions of the 81st Legislature, the Clerk of the House of Delegates is hereby authorized to have mailed from the House document room copies of the daily Journal of the House of Delegates to lists of persons to be furnished to the Clerk by the members of the House of Delegates, such lists not to exceed five names from each Delegate; and the expenses of such mailing, including postage, shall be paid by the Auditor out of the contingent fund of the House of Delegates upon proper requisitions of the Clerk. All such mail shall bear the stamp of the Clerk of the House of Delegates, and the Clerk shall designate such persons as to deliver such mail to the Central Mailing Office and notify the postmaster of such designation, and said office shall not accept such mail from any person or persons other than those so designated by the Clerk.
           The Clerk is hereby further authorized to mail copies of Journals, bills and other documents printed by the House of Delegates to persons requesting the same.
           III. That in accordance with article two-a, chapter four of the code, the Clerk of the House of Delegates is hereby authorized to draw his requisitions upon the Auditor for travel expenses of members of the House of Delegates for such number of miles traveled as shall by certified to him by the various members, for payment of per diem and mileage of elected officers and such members of the House as authorized by the Speaker, and for other authorized expenses during the 81st Legislature.
           At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 2) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
           Mr. Speaker, Mr. Thompson, offered the following resolution, which was read by the Clerk as follows:
           H. R. 3 - "Authorizing printing and distribution of Acts of the Legislature and Journals of the House of Delegates."
           Resolved by the House of Delegates:
           That under authority of section thirteen, article one, chapter four of the Code of West Virginia, the Clerk of the House of Delegates is hereby authorized to have printed not to exceed 500 copies of the Acts of the 2013 regular session of the Legislature, bound in buckram, and to include therein the Acts of any extraordinary session which may not have been printed.
           The Clerk of the House shall provide copies of said Acts for distribution as provided by section six, article eight, chapter fifty-one of the code insofar as such distribution is practicable.
           The Clerk of the House of Delegates is also authorized to publish not to exceed 250 copies of the Journal of the House of Delegates for the first regular session of the 81st Legislature and to include therein the unpublished Journals of any extraordinary sessions. In addition, there shall be printed twelve official copies of any Journal published, properly bound and designated. A copy of the Journal and five copies of said Acts shall be furnished to each member of the Legislature, upon request of each such member. The Clerk shall retain sufficient copies of the buckram bound Acts to supply legislative offices and the remaining copies shall be retained by the Clerk, for sale by his department.
           For the work required in indexing, printing and distributing said Acts and in the publication of said Journal of the House of Delegates and for completing other work of the session, the Speaker is hereby authorized to appoint such persons as he may deem necessary to perform technical, clerical, stenographic, custodial and other services required by the House of Delegates.
           The Speaker shall certify a list of persons entitled to compensation under authority of this resolution to the Clerk of the House of Delegates, and the Clerk shall draw his requisition in favor of such persons at per diems or at monthly salaries, which shall be paid from the Per Diem of Officers and Employees Fund or the Contingent Fund of the House of Delegates.
           At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 3) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.  
           Mr. Speaker, Mr. Thompson, offered the following resolution, which was read by the Clerk as follows:
           H. R. 4 - "Authorizing the Committee on Rules to arrange a Special Calendar and providing for making public the vote on certain questions in connection with the preparation thereof."
           Resolved by the House of Delegates:
           That beginning on Thursday, March 14, 2013, and for the remainder of this regular session of the Legislature, the Committee on Rules is hereby authorized to arrange a Special Calendar as provided by House Rule 70. Daily after the eighth order of business shall have been passed, the Special Calendar shall be called, and until this calendar is disposed of each day, no item of business on the regular House Calendar shall be considered or take precedence over any item of business on the Special Calendar, except by a two-thirds vote of the members present and voting.
           No bill or resolution shall be placed upon the Special Calendar except by the Committee on Rules. In making up the Calendar, the Committee on Rules may hear any Delegate or other person in behalf of any resolution or bill he may desire placed upon such calendar and the committee shall give due consideration to the merits of bills and resolutions pending in the House of Delegates, and take cognizance of measures which affect the public interest generally; and, be it
           Further Resolved, That the committee shall cause to be kept a record of all roll call votes on all questions pertaining to preparation of the Special Calendar and removing the same therefrom. This record of votes shall show those voting in the affirmative or those voting in the negative, whichever shall be the smaller number, and those absent and not voting. These vote records shall be prepared and following the adjournment of each meeting made available to House members and to the public.
           At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 4) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
           Mr. Speaker, Mr. Thompson, offered the following resolution, which was read by the Clerk as follows:
           H. R. 5 - "Authorizing the appointment of employees for this, the First Regular Session of the Eighty-first Legislature, two thousand thirteen."
           Resolved by the House of Delegates:
           That the Speaker of the House of Delegates be, and he is hereby, authorized to appoint employees to perform technical, clerical, stenographic, custodial and other services for this session of the Legislature to receive the per diems and salaries as herein provided, as follows:
           (1) For per diem employees, the following rates:
           Nine stenographers at fifty-five dollars to one hundred forty-five dollars per diem;
           Eleven clerks at fifty-five dollars to one hundred thirty dollars per diem;
           Two paralegals at fifty-five dollars to one hundred dollars per diem;
           Six legislative assistants at fifty-five dollars to one hundred dollars per diem;
           Three messengers at fifty-five dollars to seventy-five dollars per diem;
           Seven attorneys at one hundred sixty-five dollars to three hundred fifty dollars per diem;
           One Journal Room Supervisor at one hundred twenty dollars per diem;
           Six Journal Room Clerks at fifty-five dollars to seventy-five dollars per diem;
           One Doorkeeper at one hundred twenty-five dollars per diem;
           Six assistant Doorkeepers at fifty-five dollars to seventy-five dollars per diem;
           One Sergeant-at-Arms at one hundred twenty-five dollars per diem;
           Four assistant Sergeants-at-Arms at fifty-five dollars to eighty-five dollars per diem;
           Three administrative assistants at seventy-five dollars to one hundred forty-five dollars per diem;
           One legislative analyst at one hundred twenty dollars per diem;
           One Head Page at seventy-five dollars per diem;

           One assistant to the Head Page at fifty-five dollars per diem;

           Three maintenance assistants at fifty-five dollars to seventy-five dollars per diem;

           One office assistant at sixty dollars per diem;
and
           One Documents Clerk at one hundred sixty-five dollars per diem;

           (2) For salaried full-time employees, the following employees at the following rates, in addition to and exclusive of any experience increment or pay in lieu of an experience increment as may be payable under Section 2, Article 5, Chapter 5 of the Code of West Virginia of 1931, as amended:
           One Chief Clerk/Parliamentarian at seven thousand seven hundred fifty-seven dollars and sixty cents per month;
           One Assistant Clerk at four thousand four hundred eighty-three dollars and fifty-two cents per month;
           One Bill Status Clerk at three thousand fifty-nine dollars and fourteen cents per month;
           One Journal Clerk at two thousand six hundred twenty-six dollars and fifty cents per month;
           One Documents Clerk at two thousand four hundred sixteen dollars and sixty-seven cents per month;

           One Technical Assistant at four thousand eight hundred ninety-two dollars and fourteen cents per month;
           One Technical Assistant at four thousand forty-one dollars and sixty-six cents per month;
           One Fiscal Officer at five thousand one hundred and thirty-five dollars and thirty cents per month;
           One Assistant Fiscal Officer at three thousand four hundred twenty-four dollars and thirty- two cents per month;
           One Purchasing Agent at three thousand three hundred eleven dollars and forty-two cents per month;
           One Mail Clerk at two thousand three hundred thirty-three dollars and thirty-three cents per month;

           One Communications Director to the House at six thousand ninety-one dollars and twelve cents per month;
           One Assistant to the Majority Leader at three thousand five hundred forty-one dollars and sixty-six cents per month;
           One Assistant to the Majority Whip Office at three thousand five hundred forty-one dollars and sixty-six cents per month;

           One Counsel/Chief of Staff to the Speaker at eight thousand one hundred sixty-six dollars and sixty-six cents per month;

           One Administrative Assistant to the Speaker at four thousand six hundred twenty-five dollars per month;
           One Administrative Assistant to the Speaker at three thousand five hundred forty-one dollars and sixty-six cents per month;
           One Administrative Assistant to the Majority Leader at three thousand five hundred forty-one dollars and sixty-six cents per month;
           One Maintenance Staff at two thousand eight hundred fifty-nine dollars and forty-eight cents per month;
           One Maintenance Staff at two thousand five hundred sixty-nine dollars and seventy cents per month;
           One Maintenance Staff at two thousand three hundred ninety-nine dollars and seventy cents per month;
           One Maintenance Staff at one thousand nine hundred eighteen dollars and ninety-six cents per month;
           One Chief Counsel to the Committee on the Judiciary at seven thousand seven hundred twenty-three dollars and seventy-two cents per month;
           One Staff Counsel to the Committee on the Judiciary at six thousand two hundred and seventy-one dollars and twenty-six cents per month;
           One Legislative Analyst to the Committee on the Judiciary at three thousand seven hundred twenty-five dollars and twenty-four cents per month;

           One Administrative Assistant to the Committee on the Judiciary at three thousand six hundred seventy-seven dollars and ten cents per month;

           One Chief Counsel to the Committee on Education at seven thousand three hundred sixteen dollars and eight cents per month;
           One Policy Analyst to the Committee on Education at six thousand eight hundred eleven dollars and thirty cents per month;

           One Legislative Assistant to the Committee on Education at three thousand two hundred thirty-nine dollars and four cents per month;
           One Legislative Analyst to the Committee on Education at two thousand eight hundred ninety-four dollars and seventy-six cents per month;
           One Chief Counsel to the Committee on Finance at seven thousand nine hundred seventeen dollars and fifty-six cents per month;
           One Staff Counsel to the Committee on Finance at five thousand two hundred fifty dollars per month;
           One Policy Analyst to the Committee on Finance at five thousand seven hundred sixty dollars and sixty-four cents per month;
           One Budget Analyst to the Committee on Finance at three thousand seven hundred fifty dollars per month;
           One Budget Analyst to the Committee on Finance at three thousand five hundred eighty-three dollars and thirty-four cents per month;

           One Committee Clerk to the Committee on Finance at three thousand nine hundred dollars and forty-eight cents per month;
           One Administrative Assistant to the Committee on Finance at three thousand fifty-nine dollars and eighty-two cents per month;
           One Chief Counsel to the Committee on Government Organization at seven thousand six hundred twenty-five dollars and seventy cents per month;
           One Staff Counsel to the Committee on Government Organization at four thousand nine hundred sixteen dollars and sixty-six cents per month;
           One Legislative Analyst to the Committee on Government Organization at three thousand one hundred thirty-nine dollars and eighteen cents per month;
           One Chief Counsel to the Committee on Health and Human Resources at six thousand two hundred fifty dollars per month;
           One Legislative Analyst to the Committee on Health and Human Resources at three thousand three hundred eighty dollars and forty-four cents per month;
           One Administrative Assistant to the Committee on Health and Human Resources at two thousand six hundred sixty dollars and fifty-six cents per month;
           One Staff Attorney to the Minor Committees at six thousand eight hundred thirty-two dollars and ninety-two cents per month;
           One Analyst to the Minor Committees at two thousand six hundred twenty-six dollars and fifty cents per month;
           One Analyst to the Minor Committees at two thousand five hundred dollars per month;
           One Legislative Assistant to the Minor Committees at two thousand nine hundred seventy-six dollars and seventy-two cents per month;
           Two Legislative Assistants at two thousand five hundred dollars per month each;
           One Executive Assistant to the Minority Leader at five thousand five hundred ninety-five dollars and twenty-eight cents per month;
           One Assistant to the Minority Leader at two thousand seven hundred fifty-seven dollars and eighty-four cents per month;
           The Speaker is authorized to appoint or assign additional or present employees and to determine the rate of compensation therefor as he may deem necessary to expedite the work of the House of Delegates; and be it
           Further Resolved, That, in accordance with Chapter 4, Article 2A of the code, the Clerk of the House is hereby authorized to draw his requisitions upon the Auditor for travel expenses and compensation of members of the House of Delegates; and, be it
           Further Resolved, That all appointments made under authority of the foregoing provisions of this resolution shall be certified to the Auditor and Treasurer by the Clerk of the House, and the Clerk of the House of Delegates is hereby authorized to draw his requisitions upon the Auditor in favor of the persons so appointed and the Auditor shall honor and pay such requisitions when presented and charge same to the "per diem of officers and employees" fund or "contingent" fund of the House of Delegates. The Clerk shall draw his requisitions in favor of employees for consecutive days or months from the date of their employment at the per diem or salary herein set out until such time as their services shall cease. The Speaker may remove any employee and appoint another in his or her place, and he shall require each of said employees to perform such duties as shall be assigned him or her, and he is hereby given authority to dispense with the services of any employee or employees for any such time or number of days as their services shall not be needed during the session, and they shall not be paid for such time, nor shall other persons be appointed into their places for any such time as they may be suspended when not needed; and, be it
           Further Resolved, That the Speaker is hereby authorized to assign employees to such positions and duties as he may deem proper to secure the most efficient and expeditious work during the Session of the Legislature; and be it
           Further Resolved, That no person appointed under authority of this resolution and receiving pay hereunder shall concurrently receive compensation from any other department or agency of state government and no person who availed himself or herself of early retirement under the provisions of Senate Bill 10, First Extraordinary Session, 1988, may be appointed under the provisions of this resolution. Notwithstanding designation of positions or duties herein prescribed, any employee may be assigned additional duties by the person by whom appointed, and may be assigned to such positions and duties, as may be deemed proper to serve the most efficient and expeditious work; and, be it
           Further Resolved, That following the session, the Speaker, with approval of the Committee on Rules, is authorized until superceded by subsequent House Resolution, to remove or appoint any employee of the House, and establish such duties and compensation as is deemed appropriate for each employee; and, be it
           Further Resolved, That any and all provisions of House Rule 9 in conflict with this resolution are hereby suspended.

           At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 5) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
           Mr. Speaker, Mr. Thompson, offered the following resolution, which was read by the Clerk as follows:
           H. C. R. 2 - "
Providing for an adjournment of the Legislature until February 13, 2013."
           Whereas, The first regular session of the 81st Legislature assembled on this date, the second Wednesday in January, 2013, organized by the election of officers of the two houses, and the two houses in joint assembly opened and published the returns of the election of state officers held on the 6th day of November, 2012, all as prescribed by Section 18, Article VI of the Constitution of the State; and the two houses adopted rules to govern their proceedings and separately and concurrently acted on certain other matters incident to organization; therefore, be it
           Resolved by the Legislature of West Virginia:
           That having complied with the provisions of said section of the Constitution, when adjournment is taken by the two houses this day, such adjournment shall be until February 13, 2013, at 12 o'clock meridian.

           At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. C. R. 2) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
           Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
           At 1:21 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 1:30 p.m., and reconvened at that time.
Messages from the Senate

A message from the Senate, by
           The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:
          H. C. R. 1 - Raising a Joint Assembly to open and publish election returns.
           A message from the Senate, by
           The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:
           H. C. R. 2, Providing for an adjournment of the Legislature until February 13, 2013.
           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 the Clerk as follows:
          S. C. R. 1 - "Adopting Joint Rules of Senate and House."
           Resolved by the Legislature of West Virginia:
           That the Joint Rules of the Senate and House of Delegates governing the Eightieth Legislature are hereby adopted to govern the proceedings of the Eighty-first Legislature, subject to subsequent amendment.
           At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (S. C. R. 1) to a committee was dispensed with, and it was taken up for immediate consideration and 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 the Clerk as follows:
           S. C. R. 2 - "Authorizing payment of supplies, services, printing and other expenses."
           Resolved by the Legislature of West Virginia:
           That for the regular and any extraordinary session of the Eighty-first Legislature, the Auditor of West Virginia, in advance of the appropriation for such purposes, is hereby authorized, upon proper requisition of the Clerk of the Senate and the Clerk of the House of Delegates, to pay bills for supplies and for services furnished to the Legislature preparatory to the beginning of, during and following the adjournment of sessions, including contingent expenses of the respective houses; the per diem of officers, other than the President of the Senate and the Speaker of the House of Delegates, and employees of the Senate and of the House of Delegates; travel expenses of members as authorized by law; bills for legislative printing as the accounts for same become due; and any other authorized contingent and other expenses of the Legislature or the respective houses.
           At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (S. C. R. 2) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
           Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
JOINT ASSEMBLY

TO

OPEN AND PUBLISH ELECTION RETURNS


           The Doorkeeper announced the Honorable Jeffrey V. Kessler, President, and the members of the Senate.
           The President and members of the Senate then entered the Hall of the House of Delegates and the members were seated in the places reserved for them.
           The Speaker invited the President to a seat to his right.
RETURNS OF ELECTIONS

           A communication from the Honorable Natalie Tennant, Secretary of State, was received, presenting the returns of the election held on the 6th day of November, 2012, for Governor and other constitutional officers, in accordance with Section 3, Article VII of the Constitution of the State.
           A canvas of returns from said election disclosed that candidates for Governor and other state offices had received the following votes:
FOR GOVERNOR

Earl Ray Tomblin335,418
Bill Maloney303,242
Jesse Johnson 16,781
David Moran 8,906
FOR SECRETARY OF STATE

Natalie Tennant398,209
Brian Savilla240,044
FOR TREASURER

John D. Perdue348,209
Mike Hall280,274
FOR AUDITOR

Glen B. Gainer, III355,555
Larry V. Faircloth263,913
FOR ATTORNEY GENERAL

Patrick Morrisey329,807
Darrell V. McGraw III313,775
FOR COMMISSIONER OF AGRICULTURE

Walt Helmick316,550
Kent Leonhardt297,033
           The Speaker declared the following, having received the highest number of votes and being duly qualified, were elected to the Office of Governor and other State offices for the term fixed by law, beginning on the first Monday after the second Wednesday of January, 2013.
EARL RAY TOMBLIN, GOVERNOR

NATALIE TENNANT, SECRETARY OF STATE

JOHN D. PERDUE, TREASURER

GLEN B GAINER III, AUDITOR

PATRICK MORRISEY, ATTORNEY GENERAL

WALT HELMICK, COMMISSIONER OF AGRICULTURE

* * * * * * * * * *

           The business of the Joint assembly having been completed, the Speaker declared the Joint Assembly dissolved.
           The Doorkeeper escorted the invited guests from the Chamber.
           The members of the Senate retired to their Chamber.
           The Speaker then called the House to order.
           Pending announcements,
           At 1:58 p. m., on motion of Delegate Boggs, the House of Delegates adjourned until 12:00 meridian, Wednesday, February 13, 2013, pursuant to H. C. R. 2.
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