West Virginia Legislature

JOURNAL

of the

HOUSE OF DELEGATES

 

Eighty-Second Legislature

First Regular Session

 


 

Charleston, Wednesday, January 14, 2015


 

 

 

            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 House of Delegates, the Honorable Bo Hoover.

            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 and the House was then led in recitation of the Pledge of Allegiance by the Honorable George Ambler, a Delegate-elect from the 42nd District.

Messages from the Executive

and Other Communications

            Various communications were laid before the House of Delegates, which were read by the Clerk as follows:

West Virginia House of Delegates

Office of the Clerk

Charleston, WV 25305

December 31, 2014

The Honorable Timothy R. Miley

Speaker of the House

State Capitol

Charleston, WV 25305

Dear Mr. Speaker:

            In January, 1973, I entered the halls of the West Virginia House of Delegates as a temporary employee at the ripe old age of 22. I was a file clerk and a messenger to the Clerk and to the Parliamentarian. Forty-two years later, I leave this magnificent place, warts and all, with satisfaction, pride, and with a certain sense of ownership of an institution which has been such a very good home to me.

            In light of events which have changed the House drastically, and in order to assist in a smooth transition, I hereby tender my resignation to you as Clerk of the House, to come effective at 11:59 PM on this date of December 31, 2014.

            As the House organizes itself for the 82nd Legislature, I wish you and all the members and staff the very best of luck in your endeavors.

                                                                                    Respectfully yours,

                                                                                    Gregory M . Gray

                                                                                    Clerk of the House

 

West Virginia House of Delegates

Office of the Speaker

Charleston, WV 25305

January 8, 2015

Bo Hoover, Assistant Clerk

West Virginia House of Delegates

1900 Kanawha Blvd., East

Charleston, WV 25305

Dear Mr. Hoover:

            Pursuant to the provisions of West Virginia Code §4-1-11, I hereby appoint Bo Hoover to serve as Clerk of the West Virginia House of Delegates until the commencement of the 1st Regular Session of the 82nd Legislature. He will assume all rights and duties of the vacant House Clerk position.

            If you have any questions or concerns, do not hesitate to contact my office.

                                                                                    Sincerely yours,

                                                                                    Timothy R. Miley

                                                                                    Speaker

            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 4th day of November, 2014, 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-second Legislature in accordance with the laws of West Virginia were as follows:

First District

      Pat McGeehan

      Mark Zatezalo

Second District

      Ryan W. Weld

Third District

      Shawn Fluharty

      Erikka Storch

Fourth District

      David A. Evans


      Michael T. Ferro

Fifth District

      Dave Pethtel

Sixth District

      William Roger Romine

Seventh District

      Lynwood “Woody” Ireland

Eighth District

      E. W. “Bill” Anderson, Jr.

Ninth District

      Anna Border

Tenth District

      Tom Azinger

      Frank Deem

      John R. Kelly

Eleventh District

      Bob Ashley

Twelfth District

      Steve Westfall

Thirteenth District

      Scott Cadle

      Michael Ihle

Fourteenth District

      Jim Butler

Fifteenth District

      Geoff Foster

Sixteenth District

      Sean Hornbuckle

      Carol Miller

      Jim Morgan

Seventeenth District

      Doug Reynolds


      Matthew Rohrbach

Eighteenth District

      Kelli Sobonya

Nineteenth District

      Kenneth “Ken” Paul Hicks

      Don Perdue

Twentieth District

      Justin J. Marcum

Twenty-first District

      Harry Keith White

Twenty-second District

      Jeff Eldridge

      Michel Moffatt

Twenty-third District

      Joshua Nelson

Twenty-fourth District

      Rupert “Rupie” Phillips

      Ralph Rodighiero

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

      Mick Bates

Thirty-first District

      Karen “Lynn” Arvon

Thirty-second District

      Tom Fast

      Kayla Kessinger

      David Perry

Thirty-third District

      Roger Hanshaw

Thirty-fourth District

      Brent Boggs

Thirty-fifth District


      Andrew D. Byrd

      John B. McCuskey

      Eric Nelson

      Chris Stansbury

Thirty-sixth District

      Nancy Peoples Guthrie

      Larry L. Rowe

      Brad White

Thirty-seventh District

      Mike Pushkin

Thirty-eighth District

      Patrick Lane

Thirty-ninth District

      Ron Walters

Fortieth District

      Tim Armstead

Forty-first District

      Jordan Hill

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

      Danny Wagner

Forty-eighth District

      Danny Hamrick

      Tim Miley

      Patsy Samuel Trecost II 

      Terry Waxman 

Forty-ninth District

      Amy Summers

Fiftieth District

      Mike Caputo

      Linda Longstreth

      Tim Manchin

Fifty-first District


      Barbara Evans Fleischauer

      Cindy Frich

      Brian Kurcaba

      Amanda Pasdon

      Joe Statler

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

      Saira Blair

Sixtieth District

      Larry E. Faircloth

Sixty-first District

      Walter E. Duke

Sixty-second District

      John Overington


Sixty-third District

      Michael “Mike” Folk

Sixty-fourth District

      Eric L. Householder

Sixty-fifth District

      Jill Upson

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.

* * * * * * *

            The Clerk then called the roll (Quorum Call), and the following answered to their names:

Ambler

Anderson

Armstead

Arvon

Ashley

Azinger

Bates

Blair

Boggs

Border

Butler

Byrd

Cadle

Campbell

Canterbury

Caputo

Cooper

Cowles

Deem

Duke

Eldridge

Ellington

Espinosa

Evans, A.

Evans, D.


Faircloth

Fast

Ferro

Fleischauer

Fluharty

Folk

Foster

Frich

Gearheart

Guthrie

Hamilton

Hamrick

Hanshaw

Hartman

Hicks

Hill

Hornbuckle

Householder

Howell

Ihle

Ireland

Kelly

Kessinger

Kurcaba

Lane



LynchManchin

Longstreth

Lynch

Manchin

Marcum

McCuskey

McGeehan

Miley

Miller

Moffatt

Moore

Morgan

Moye

Nelson, E.

Nelson, J.

O’Neal

Overington

Pasdon

Perdue

Perry

Pethtel

Phillips, L.

Phillips, R.

Pushkin

Reynolds

Rodighiero


Rohrbach

Romine

Rowan

Rowe

Shott

Skinner

Smith, P.

Smith, R.

Sobonya

Sponaugle

Stansbury

Statler

Storch

Summers

Trecost

Upson

Wagner

Walters

Waxman

Weld

Westfall

White, B.

White, H. K.

Williams

Zatezalo

 

 

            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 Margaret L. Workman, Chief Justice of the Supreme Court of Appeals.

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-second Legislature and stated that nominations were now in order.

MAJORITY NOMINATION

            Delegate Shott, the Delegate from the 27th Delegate District, nominated the Honorable Tim Armstead from the 40th Delegate District, as follows:

              Delegate Shott. Good afternoon fellow delegates and honored guests. Many people have waited many days, many years for this day. As my three children would often say at times that were significant to them, “totally awesome”.

             On this totally awesome day it is my honor, privilege and pleasure to place into nomination the name of Tim Armstead as our next Speaker, the person, the one person most responsible for us being here today.

             I want you to assume for a minute you are conducting an interview for the most important person in your organization because in reality that is really what we are here for today. Where would you start? Most people would start with a resume, what’s on paper, what are someone’s experiences. In this case our nominee Tim Armstead is a college graduate who majored in political science and history and demonstrated his interest in the political process by interning while he was in college. First, for a Democratic state senator and later for Governor Arch Moore as his public relations assistant.

             In 1996, Tim joined Governor Cecil Underwood’s administration as assistant Chief of Staff. For an interesting parallel that was a time in which the executive was a different party of the controlling party in the legislature so it was certainly parallel to what we experience today.

             In 1998, after he had filed for a seat in this bod,y he was appointed to fill a seat caused by the untimely death of Delegate Dick Henderson and in that same year he was elected to this body and has been reelected eight times ever since. He has served as minority chairman of the Judiciary Committee and then being elected minority leader of the Republican Party in 2006 where he has served continuously since that time.

             So we have looked at the resume, pretty good, huh, what else would you want to know? Well you would probably want to know what results he has accomplished in all those experiences, and I would mention to you two numbers: 25 and 64. When Tim was first elected minority leader there were 25 Republicans in his delegation in his caucus. Today…64. I would suggest to you that those are results that speak for themselves and eight years from 25 to 64. But that’s not where we would stop in our announcing our candidate for our most important position in our organization. We would want to know what kind of person we are elevating to that position. So what would we look at next? We’d probably

look at letters of recommendation, right? If you had a chance to review the article in the Charleston Gazette on January 2, you would have seen numerous recommendations. At that time the reporter had interviewed a number of colleagues of Tim and concluded that from both sides of the aisle his colleagues describe him as straight forward, sincere, willing to search for common ground, but not at the expense of his principles. In fact in that article, former Democratic House Speaker Bob Kiss who is also the current Revenue Secretary said, “We certainly didn’t agree on every policy matter but I think his heart is in the right place.” Also a former Democrat who was the Judiciary Chair during Tim’s service was quoted as saying, “while we disagreed all the time, Tim never personalized an issue.” Let me add to those recommendations. I have been in the House over a period of six years, two years as a delegate then two years as an employee working under Tim as a part time minority counsel and then again two years as a delegate. I personally observed him over those six years and I can tell you that he has always treated everyone, everyone with courtesy and respect. He’s listened, he’s deliberated, he’s reflected, nobody would ever categorized him as a ready, shoot then aim person. He’s dedicated, extremely, extremely hard working, and always prepared. He’s good hearted, not always a characteristic you find in politics. He will bend over backwards to avoid hurting anyone’s feelings and believe me that has been tested, many times. I am confident that if you talked with anyone that has served with Tim they would reflect the same observations that I am sharing with you today. We have many challenges facing us this legislative session. We need leadership that is energetic, but calm and deliberative, creative yet anchored in the fundamentals that made this nation great and perhaps most importantly we need leadership that is approachable, and willing to work across party lines, non-confrontational, nonantagonistic.

              Tim Armstead has demonstrated repeatedly all of these qualities and is the right person to lead us through this upcoming session. Therefore, Mr. Chairman, it is my honor and my pleasure and a privilege to place into nomination the name of Timothy Armstead for Speaker of this House during our next 82nd session.

 

            The nomination of Delegate Armstead was seconded by the Honorable Carol Miller of the 16th Delegate District, with the following remarks:

              Delegate Miller. Timothy Paul Armstead was born in Clendenin in 1965. His interest in the who, what, where and why of governing started at an early age. It was nurtured by his parents when he went to his first Lincoln Day Dinner. At the age of 14 Tim was asked to leave the parking lot of a local grocery store—he

was passing out political brochures.

              Tim graduated from University of Charleston with a degree in history/political science. He was a Herndon intern and worked in the Governor’s office throughout his higher education. He received his law degree from the West Virginia School of Law.

              Tim is an honorable man, a humble man, a gentle man. You see it in his demeanor. He is a quiet man, humorous and soft spoken, but he is also a man of strong convictions. He never dwells on the problem, but rather the solution. Plato described perfect wisdom. He said it hath four parts.

              Wisdom, the principle of doing things right, Justice, the principle of doing things equally in public and in private, Fortitude, the principle of not flying from danger, but meeting it, and Temperance, the principle of subduing desires, and living moderately. That’s what we will see in our new Speaker. The measure of

a man is what he does with power.

              I know that Tim’s parents are smiling down on us as I second his nomination to be Speaker of the 82nd House of Delegates.

MINORITY NOMINATION

            Delegate Pethtel, 5th Delegate District, then nominated the Honorable Timothy R. Miley, the Delegate from the 48th Delegate District, as follows:

            Delegate Pethtel. Honorable members of the 82nd West Virginia Legislature and West Virginia House of Delegates. Let me congratulate you on your election or re-election to this great body.

              It is an honor and pleasure for me to place the name of Timothy R. Miley in nomination for Speaker of the House of Delegates to the 82nd Legislature.

              Tim received his BBA in Finance from Southern Methodist University and JD from Duquense University. He, his wife Susan, and stepdaughter, Jordan, who are very instrumental in his life, reside in Bridgeport.

              He was first elected to the House of Delegates in 2004 and has been re-elected every two years continuously through 2014. He served as Chairman of the Committee on Judiciary during the 79th, 80th, and 81st Legislatures until being elected Speaker prior to the 2014 Legislative session with the resignation of Speaker Richard Thompson to the become cabinet Secretary of Veteran Affairs.

              First, Tim Miley cares very deeply about the citizens of West Virginia and the future of our state. He believes strongly that the Democratic Party is the political body best suited to implement and carry out public policy that benefits not only for the small businesses and entrepreneurs in West Virginia, but also the working men and women of the state, the working poor of this state, and many who are not working due to any number of reasons such as age or disability.

              Secondly, during his brief tenure as Speaker, I believe that what we accomplished together is a reflection of his priorities for the future of our state.

              Specifically, for the first time in his 10 years of serving in the House of Delegates, the Democratic Caucus had an agenda as it entered the 2014 Legislative Session. As, you may recall, the acronym for the agenda was Ifeed (I) Integrity and Accountability in Government, (F) Families, (E) Education, (E) Energy, and (D) Developing our Economy.

              A few notable examples that reflect the spirit of the Democratic Party agenda are: increasing the minimum wage, protection of pregnant women in the workplace and the tenacity to pursue increasing the funding for the aged and disabled waiver program. We also passed a bill that enhances penalties for offenses of child pornography with aggravated circumstances.

              While I am proud of our past successes, we cannot rest on our accomplishments but, instead, must focus on toward the future and continue developing a strong agenda with a strong message.

              First, Tim believes we must always continue to focus on education for the children of our state. We should always focus on improving not just the delivery of educational services but also expanding the opportunities for continued education for our students post high school. He believes we must create a program similar to the Promise Scholarship that will able most students to attend technical and community colleges, business schools and trade schools.

              We must recognize that we have a teacher shortage problem that must be addressed by making teachers’ salaries competitive with surrounding states and the private sector. Secondly, we must address the health care crisis in our state by at least expanding access to healthcare in the rural areas of our state. This can be accomplished through the expansion of our telemedicine laws and embracing technology to aid in the delivery of medical services.

              Third, we must continue to focus on inspiring young entrepreneurs in our state and identifying obstacles to the success of our small businesses.

              Finally, we must continually focus on the infrastructure of our state and identify methods by which maintaining and building the infrastructure can be funded. We all believe that our roads and bridges are crumbling around us.

              Once again, it is an honor and pleasure for me to nominate Tim Miley for Speaker of the West Virginia House of Delegates.

 

            The nomination of Delegate Miley was seconded by the Honorable Ricky Moye of the 29th Delegate District, with the following remarks:

              Delegate Moye. Thank you Mr. Chairman. To our returning members, congratulations. To our new members, congratulations. You will soon see the responsibility that comes with sitting in these seats. Timothy Miley was elected two years prior to me. When I first came to the legislature, he greeted me and treated me with respect. It wasn’t long he was elevated to the position of Chair of the Judiciary, sitting where Delegate Shott is now. I sat a couple of rows back and every year next to the end of session, you’ve got legislation you want to run and I would slip down to Mr. Miley’s desk and ask him about running my legislation. He would always respond to me the same way, Rick we are really busy right now, you need to put it in writing and I did. He would always come back to me with an answer. Not always would he run the legislation but he would give me an honest, straight forward answer as to why he couldn’t. Speaker Miley has proven to have a heart of compassion for West Virginia citizens and development and growth of small businesses in our State. Under his leadership, we have raised the minimum wage, something many other states have been unable to accomplish. We have maintained physical responsibility. West Virginia has been ranked as having the 3rd fastest growing economy for the last couple of years. We have not raised taxes, but instead we have lowered the taxes benefiting consumers and businesses and the results have been phenomenal growth in the northern part of our state. That has attracted the ethane cracker plant in Wood County. To that I am going to tell you, the best has yet to been told about that. The businesses that will offspring from that will propel West Virginia’s economy. One very important attribute of Speaker Miley is the way he treats others. Treating everyone with respect and dignity and even if he disagrees with you, you are treated with respect and dignity. You the members of the 82nd legislature have a very unique opportunity. When we are electing a President for the United States, the news media and the critics are always analyzing whether this President is qualified or if the candidates are qualified for the job. Well, you the members of the 82nd legislature for the first time since the 1930s have a choice to vote for a member of the minority party that has held the position of Speaker and has proven he is qualified for the job. To that end, I very, proudly second the nomination of Timothy R. Miley for Speaker of the House of the 82nd Session of the Legislature.

 

 

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

* * * * * * * * * *

            The Clerk then called the roll, the result of which was as follows:

            Delegates voting for Delegate Armstead – 64, as follows:

Ambler

Anderson

Arvon

Ashley

Azinger

Blair

Border

Butler

Cadle

Canterbury

Cooper

Cowles

Deem

Duke

Ellington

Espinosa

Evans, A.

Evans, D.

Faircloth

Fast

Folk

Foster

Frich

Gearheart

Hamilton

Hamrick

Hanshaw

Hill

Householder

Howell

Ihle

Ireland

Kelly

Kessinger

Kurcaba

Lane

McCuskey

McGeehan

Miley

Miller

Moffatt

Nelson, E.

Nelson, J.

O’Neal

Overington

Pasdon

Rohrbach

Romine



Rowan

Shott

Smith, R.

Sobonya

Stansbury

Statler

Storch

Summers

Upson

Wagner

Walters

Waxman

Weld

Westfall

White, B.

Zatezalo

 

 

            Delegates voting for Delegate Miley - 35, as follows:

Armstead

Bates

Boggs

Byrd

Campbell

Caputo

Eldridge

Ferro

Fleischauer

Fluharty

Guthrie

Hartman

Hicks

Hornbuckle

Longstreth

Lynch

Manchin

Marcum

Miller

Moore

Morgan

Moye

Perdue

Perry

Pethtel

Phillips, L. 

Pushkin


Reynolds

Rodighiero

Rowe

Skinner

Sponaugle

Trecost

White

Williams

            On the call of the roll for the election of Speaker, Delegate R. Phillips abstained from voting.

            The Presiding Officer stated that the total number of votes cast was 99, of which the Honorable Tim Armstead of the 40th Delegate District received 64, and the Honorable Timothy R. Miley of the 48th Delegate District received 35, with one vote of abstention by Delegate R. Phillips, of the 24th District, and declared that the Honorable Tim Armstead, 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 Shott, Miller and Miley 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 David A. Faber, Senior Judge, United States District Court.

            Delegate Miley delivered the following remarks prior to presenting the Speaker to the House:

            Delegate Miley. Let me be the first to publically congratulate Delegate Armstead as Speaker of this body for the next two years. I have to tell you in the build up to today, I never quite thought that all the talk of historical significance was going to be about perhaps having the majority party vote for a minority member as Speaker like Delegate Moye suggested. But I am happy to be the one to first publicly congratulate you Tim. I have worked with Delegate Armstead for the past 10 years and everything that has been said about you is absolutely true. While we may or may not agree on issues, I have no question as to what his motives are and the ultimate end game and end goal he wants to accomplish. I look forward to working with you as do I am sure for the other members of the minority party to accomplish those goals. We not always agree on the best way to get there but I don’t have any doubt that all of us want the same thing for the State of West Virginia. I have no doubt that your family is proud of you, your colleagues are proud of you. I have to tell you that your persistence in hanging in the minority for that long until this day came is incredible and speaks volumes about your character and your work ethic. Thank you for allowing me this opportunity congratulate you for the first time and I look forward to working with you.

            At the conclusion of Delegate Miley’s remarks, the Speaker then addressed the House as follows:

              Mr. Speaker, Mr. Armstead.           To each of you, my fellow Delegates, I want to express my heartfelt appreciation for the honor and privilege to serve as the 57th Speaker of the House of Delegates. It has been one of the great honors of my life to serve the people of the 32nd and 40th Districts from the Elk River area in this House for the past 16 years, and it is hard to find the words to express the gratitude I have for the privilege to serve as your Speaker at this historic time. I am truly thankful to God for the path that has brought me to this point in my life today.

              I want to also thank my family for their support and the sacrifices they have made over the years to allow me to serve in this House. My wife, Anna, and my daughter, Katie, have always been there for me with love, encouragement, inspiration and support. I know each of us are thankful for the support of the loved ones who cheer us on, encourage us and fill in for us at home when we are here doing the people’s work. I hope you will join with me in taking a moment to say thanks to all of our extended legislative family and show our appreciation by giving a round of applause for all of the loved ones who make it possible for us to be here today.

              Please let me also take a moment to congratulate the new Minority Leader of the House, Delegate Tim Miley. I want to thank you, Mr. Leader, and your leadership team, for the professional and cooperative manner in which you have worked with us to accomplish one of the most significant and complex transitions to have taken place in the history of our Legislature. I would certainly be remiss if I did not thank the many members of the staff of the Legislature for all of their hard work and effort to carry out this transition and prepare the House for this session.

              As we know, there has never been a change of House leadership from one party to another in this beautiful capitol building. As students, many of us toured this remarkable building in elementary or middle school. Throughout this building, Cass Gilbert built in tremendous symbolism. You may remember having the tour guide point out the eagles above our head. If you go into the Senate chamber, the eagles’ wings are spread, they are clearly in flight. But, in this chamber, the wings are closed. They have landed. It is a symbol that this house, the House of Delegates, is the body closest to the people. We are the ones who live in their communities, see them on the street, and talk with them at ball games and school events. We are truly the representatives of our state Government who are closest to the people.

              Our role is to bring with us to this House the hopes, goals and dreams of those we represent. At the same time, we are to also be a voice for their frustrations and the challenges they face each day.               We all know that West Virginians are hard working.  They love their families . . . their neighbors . . . their communities. They have a strong and abiding faith. They are always ready to help their neighbors. Always ready to lend a helping hand. They get up early. They put in a hard day's work. They dream of a better day and greater opportunities for their children. 

              West Virginians are independent. They rely on hard work, ingenuity and faith. They don't want a handout . . . just an opportunity . . . job.  If given the chance, they will outwork and outpace the competition, exceed all expectations, and find a way to make the impossible possible.

 

              There is a great deal to appreciate about our State. At the same time, if we are to truly be effective in fulfilling our responsibilities as Delegates, we must be willing to admit the challenges we face as a state. Doing so does not diminish our love for our State nor destroy the optimism that we rightfully have for where our State can and should be headed.

 

1.            As we sit here today, over 49,000 of our fellow West Virginians are looking for work, and even more have simply given up looking for a job. WE CAN DO BETTER.

 

2.            Statistics show that as many as 85,000 children live in homes where they don’t know where their next meal is coming from. WE CAN DO BETTER.

 

3.            So many of our problems, including drug addiction and crime, stem in many cases from long-term poverty and unemployment. WE CAN DO BETTER.

 

4.            West Virginia ranks 47th in K-12 student achievement. We have good, creative teachers who want the best for their students. But we have so much red-tape and so many obstacles that stand in their way. WE CAN DO BETTER.

 

5.            Our tax structure should be fair and allow our people to keep more of their hard-earned money to send their kids to college, buy homes, and put food on their tables. Our current system is burdensome and is not competitive when we find ourselves competing with other states for jobs. WE CAN DO BETTER.

 

6.            We need a legal system that is fair to all parties and is based on standards and processes that are rational, predictable and impartial. We continue to be ranked at the bottom of states when it comes to our court system. WE CAN DO BETTER.

 

              West Virginians deserve better. These are just a few of the many areas we need to address. What is so exciting today, is that as I look around this room, I see many who have worked year after year to address these challenges, along with so many newly-elected members who are excited and ready to roll up their sleeves and go to work to change the direction of our State.

 

              While this transition is historic in many ways, it will only truly be historic in the minds and hearts of West Virginians only when it touches their families and makes their lives better. In order to make that happen, we must ensure that every member of this House, man or woman, Republican or Democrat, has the opportunity to put his or her God-given talents, experience and knowledge to work to construct meaningful legislation that will make life better for all our fellow West Virginians.

 

              Finally, on this historic day, I am reminded of a story that relates to our 16th President, the one who created our great State of West Virginia with his signature, Abraham Lincoln.

              As the story goes, Lincoln was visiting some relatives who lived in a cabin when a young relative of the President was playing in a puddle outside. The President lifted the young child onto his shoulders and allowed her to put her muddy footprints on the ceiling of the cabin. After Lincoln’s assassination, the story was retold in a eulogy to him and it was said that, just as Lincoln lifted that child up and allowed her to leave her lasting footprints, through his service to our Nation, Lincoln lifted up future generations and allowed them to leave an enduring legacy well beyond his time on earth.

              My sincere hope is that over the next 60 days and beyond, our House of Delegates will work together to lift up future generations of West Virginians, provide them a brighter future that will endure well past our time in this House, and write an exciting new chapter in the history of West Virginia.

               At the conclusion of his remarks his wife, Mrs. Anna Armstead, accompanied by their daughter, Katie, presented a gavel to the Speaker and he assumed the Chair. (Applause, the members rising in ovation)

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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 Sobonya, the Delegate from the 18th District, nominated Stephen J. Harrison, of the County of Kanawha, as follows:

              Delegate Sobonya. I am extremely honored and pleased to nominate Steve Harrison to serve as the Clerk for the West Virginia House of Delegates.

              Steve Harrison is a native West Virginian. He is a graduate of Sissonville High School in Kanawha County and in 1990 graduated with a Triple Concentration of Economics, Political Science, and Organizational & Behavioral Management from Brown University. During his collegiate years, he was also a standout football player having been a GTE District 1 All-American. He also played in the 1989 Epson Ivy Bowl, an all-star game in Japan, following his senior season.

              In 1992, Steve was elected to a 4-member House of Delegates District (District 32) and joined 3 others in a Republican sweep. These four men, Dick Henderson, Jay Nesbitt, Ron Walters, and Steve Harrison drew ire of then House Speaker Chuck Chambers, which he dubbed, the FOUR HORSEMEN. Our own future Speaker, Tim Armstead, was later part of this talented group. These men stood for smaller, limited government, lower taxes, and strong ethics.

              After serving 5 terms in the House of Delegates, Steve ran against an incumbent Senator and in 2002 he was elected to represent Kanawha County in the 8th Senatorial District. In 2006, he opted not to seek re-election to devote more time to his profession, his church, and his family. The definition of the word honorable - is honest, moral, ethical, principled, right-minded. This describes Steve Harrison.

              I know first-hand that Steve Harrison is an honorable man. I first met Steve in the mid-1990's when prior to my election to the House, I served as a volunteer lobbyist for West Virginians for Life. In that capacity, I learned very quickly that Steve Harrison is steadfast in his principles-never wavering.

              As a legislator he was a “friend of the taxpayer” and known as both a fiscal and moral conservative.

              Steve Harrison reflects deep-seeded West Virginia values.

              In the private sector, Steve was a banker, a devoted husband to his wife Kristen for 22 years, and a wonderful father to a set a twins (a four year old son and daughter, Benjamin and Maggie).

              The Clerk is an important position. Historically, the Clerk is responsible for keeping records and accounts. Even before America became a nation, and West Virginia became a state, record keeping in the United Kingdom House of Commons started in 1315, and in 1363, the first Clerk was appointed. Originally, the title “Clerk” simply referred to someone who could read and write. The clerk had to read out bills, petitions and other documents to the members, many of whom could not read. This is where the various stages of bills come from - first, second, and third readings - as a Clerk actually read the bills aloud. In 1547, the House of Commons clerks also started recording the actions and decisions of the House in a journal. Over the years they increased the detail of their records. Today responsibility for recording all decisions of the Assembly is still one of the important parts of the Clerk’s duties. Alongside the tasks originally started centuries ago, the Clerk now has considerable management responsibilities.

              Steve Harrison has the legislative and managerial experience to make a great House Clerk.

              At the State Museum at the Culture Center here on this campus is a display of the early house journals from the 1820's where speeches of legislators who came before us are recorded in handwritten journals and where the acts of the legislature are written down as a recorded history for generations to come. It is humbling to know that what we say and do here as a legislative body will be recorded by our House Clerk for our children, grandchildren, great grandchildren and those beyond and will serve as a living history.

              Ladies and Gentlemen, this is a historical time for our State and I can’t think of a better person with the experience and necessary leadership skills to serve as House Clerk than the Honorable Steve Harrison.

              Please join me in supporting my friend, Steve Harrison, and electing him to serve the Great State of West Virginia as Clerk of the House of Delegates.

            The nomination was seconded by Delegate Walters of the 39th Delegate District, with the following remarks:

              Delegate Walters. Thought Id bring a prop today, so, but we will get to that. I have the privilege to second the nomination to Steve Harrison and what an honor. I personally believe that I am truly blessed by God to do this nomination. Steve is a friend of mine for over 23 years. Steve and I came to this House 22 years ago with a group of 33 freshmen, ironically today the group of freshmen are 33 too. Today is the day I assumed I would never live long enough to see. Over 80 years, the last Republican served as the House Clerk. Steve will be the first Republican Clerk to serve in this building. History is made today and I am proud that Steve is part of that history. Over the years Steve has held many positions of responsibility in our community. He is a member of this House and he was cochair of the freshmen caucus our first year there and I will assure you after the last night of the session and the start of our second year there, we kindly asked the Speaker to join us at that time and we asked him not to do to us what happened on that last night because they used to just run bills “yea” or “nay”. They would have committee meetings late into the night and we as a caucus told the Speaker we werent going to vote for it and when it came to the end of the year five days before the end, the Speaker came back to that caucus and we reminded him that we werent going to do it and we didnt. So we stopped a few bills that year. But Steve was the Republican cochair and his friend Mike Oliverio was the Democrat cochair. Steve served as a State Senator, I dont know why he wanted to go to the lower house but he certainly did get the opportunity to serve there. He has often been a leader in his church. He organized the prayer breakfast for many years. In many ways, the four delegates of the old 32nd District owe our four horsemen label to the reputation of Steve Harrison. He always reminded us it was our mission to challenge regardless if it was economic issues, taxation issues, education issues and yes, social issues. But he always asked to do it in a respectful manner, so with that in mind the first thing we did was cut our ties to high taxes and send them to the chairman of Finance. Now I will tell you one more story about Steve. Steve one year almost became the labor delegate of the year. He introduced a bill to give a vendor preference to small business, it got into committee and the West Virginia Jobs Act was inserted in and the vendor preference was taken out and they almost nominated him the labor delegate of the year. So he has plenty experience on both sides of issues. He and I sat in more than 50 town meetings together where we went throughout our district and held 6 a year and enjoyed every minute of that service. I want to take a little bit of time today to thank Kristen, his wife, for the joy she has brought Steve in his life and for letting us share in his leadership, his organizational skills, his steady God directed hand and thoughts and kindness. I have watched Steve for more than 20 years and I will share a couple of quotes which I believe show the man that he is and the leader he will be. Walt Bettinger said remember work/life balance is a myth, watch where someone spends their time and sets their priorities and you will know what is important to them. Oscar Wilde said the smallest act of kindness is worth more than the grandioso intentions. Steve is an example of a clear path and an honorable man and I am privileged and truly honored today to address you and second his nomination and I ask that he be elected by acclamation. Thank you very much.

            On motion of Delegate Cowles, nominations were closed and the Honorable Stephen J. Harrison, of the County of Kanawha, was elected Clerk of the House by acclamation. (Applause, members rising in ovation)

            Mr. Harrison 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 David A. Faber, Senior Judge, United States District Court.

ELECTION OF SERGEANT-AT-ARMS

            The next order of business being the election of Sergeant-at-Arms, nominations were now in order.

            Delegate A. Evans, a Delegate from the 54th Delegate District, nominated Marshall Clay, of the County of Fayette, as follows:

              Delegate A. Evans. I am pleased and honored to nominate Marshall Wayne Clay for the position of Sergeant-at-Arms. He was born in Oak Hill, West Virginia, Fayette County.

              Marshall is a family man and a man of faith. Retired from the Navy as a Senior Chief Petty Officer (E-8) who served from 1975-1995 and is a 2008 Rollins/Burke Graduate Intern and has worked at the Capitol for a number of years as a Legislative Assistant during the 2009, 2012, 2013 and 2014 Legislative Sessions.

              Marshall is a dependable, honest and straight forward worker who has done his job with dignity, good humor and integrity.

              It is a privilege to know Marshall, a man with insight, kindness and compassion and the ability to work with everyone.

              I highly recommend Marshall Wayne Clay for the position of Sergeant-at- Arms.

            The nomination was seconded by Delegate Cooper of the 28th Delegate District, with the following remarks:

              Delegate Cooper. It is also my honor and privilege to second this nomination of Marshall for this position. If you had to use three words to describe Marshall, you would say of course he is dedicated and you know folks are going to find that out if we select him today we will see him always going about his business dedicated to his job. You wouldn’t believe how far the man drives on a snowy day to get here, how far he has driven in the two years I have been here. Of course he is hard working. A third thing, you never see Marshall when he is rattled. He is a steady hand and myself and Marshall share a couple of things. We are both retirees of the US Navy and actually we held the same pay grade, we served in the same Navy at different times, him quite a bit after I did. But Marshall learned those traits in the US Navy and he has brought them to this Capitol. It is my pleasure to second his nomination. I also want to add when you see Marshall and I talking to each other, maybe laughing, shaking our head or something at each other we are telling sea stories. Now if you want to know the difference between a sea story and a fairy tale I would refer you to Marshall and again Mr. Speaker it is my pleasure to second this nomination. Thank you

            On motion of Delegate A. Evans, nominations were closed and the Honorable Marshall Clay, of the County of Fayette, was elected Sergeant-at-Arms by acclamation. (Applause, members rising in ovation)

            Mr. Clay 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 David A. Faber, Senior Judge, United States District Court.(Applause, the members rising in ovation)

ELECTION OF DOORKEEPER

            The next order of business being the election of Doorkeeper, nominations were now in order.

            Delegate E. Nelson, the Delegate from the 35th Delegate District, nominated Frank Larese, of the County of Fayette, as follows:

              Delegate E. Nelson. Thank you Mr. Speaker and congratulations. Congratulations also to fellow delegates.

I am honored to stand before you to nominate Frank Larese for the position of doorkeeper. The Doorkeeper’s duties are to announce all messages to this body and he is charged with the oversight of each door and access to the chamber. Frank is a native of Fayette County, that makes two of them, but has called Charleston home for a number of years. Has been very active in our community. Frank is one of our own. Mr. Speaker it is with great pleasure to nominate Frank Larese for the position of doorkeeper. Mr. Speaker it is great pleasure to nominate Frank Larese for position of doorkeeper.

 

            The nomination was seconded by Delegate McCuskey of the 35th Delegate District, with the following remarks:

              Delegate McCuskey. Thank you Mr. Speaker. Welcome everybody, new members as well as congratulations old members. Frank, like me, wasn’t born in Kanawha County. I was born in Harrison County and a lot of people don’t know that. Being from Harrison County I know what really great spaghetti sauce tastes like. People in the north central part of the state know what I am talking about. I had a baby sitter from back home, who used to always tell me, the hardest part about making wonderful spaghetti sauce was keeping people from eating it while you trying to make it. I have had Frank Larese’s spaghetti sauce and it is fantastic and I know that he can’t keep people away from it and for that reason I know he is going to be a wonderful doorkeeper. Mr. Speaker I am honored to second the nomination of Frank Larese. Thank you.            On motion of Delegate E. Nelson, nominations were closed and the Honorable Frank Larese, of the County of Fayette, was elected Doorkeeper by acclamation. (Applause, members rising in ovation)

            Mr. Larese then qualified by taking and subscribing to the oath of office as prescribed for Doorkeeper, which oath of office was administered by the Honorable David A. Faber, Senior Judge, United States District Court. (Applause, the members rising in ovation)

* * * * * * * * * *

Resolutions Introduced

            Mr. Speaker, Mr. Armstead, offered a 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 81st Legislature are hereby adopted and shall govern the proceedings of the regular sessions of the 82nd Legislature and any extraordinary sessions thereof insofar as applicable, subject to amendment as provided by Rule 133, except that Rules 77, 78, 91a and 108a be amended to read as follows:

Jurisdiction of Committees

            77. In general and without limitation, standing committees shall have functions and jurisdiction of subjects and other matters as follows:

            1. Committee on Agriculture and Natural Resources: (a) Agriculture generally, including agricultural production and marketing, animal industry and animal health, adulteration of seeds, commercial feeding stuffs and commercial fertilizer, processed foods, insect pests and pesticides, soil conservation, milk and milk products, meats and meat products, agricultural extension service, etomology and plant quarantine, poultry and poultry products, and human nutrition and home economics; (b) natural resources in general, including game and fish, forest and wildlife areas, parks and recreation, water resources and reclamation.

            2. Committee on Banking and Insurance: (a) Banks and banking, and financial institutions generally; (b) control and regulation of all types of insurance, including organization, qualification and licensing of insurers; and (c) securities and exchanges.

            3. Committee on Education: (a) Education generally; (b) boards of education, and administration and control of schools; (c) textbooks and school curricula; (d) vocational education and rehabilitation; (e) qualifications, employment and tenure of teachers; (f) libraries; and (g) public schools and institutions of higher education.

            4. Committee on Energy: (a) Mining and extraction of coal and other fossil fuels; (b) extraction and distribution of natural gas; (c) energy production employment, safety, local land use and community impacts; and (d) alternative energy development and efficiency measures.

            5. Committee on Finance: (a) Tax and revenue measures increasing or decreasing the revenue or fiscal liability of the State; (b) collection of taxes and other revenue; (c) annual Budget Bills and supplementary appropriation bills; (d) proposals reducing public expenditures; (e) proposals relating to the principal and interest of the public debt; and (f) claims against the State.

            6. Committee on Government Organization: (a) Legislation and proposals dealing with the Executive Department of state government with respect to creation, duties and functions; consolidation and abolition; and transfer, imposition and elimination of functions and duties of departments, commissions, boards, offices and agencies; and (b) measures relating to the Legislative Department, other than apportionment of representation and redistricting for the election of members of the two houses.

            7. Committee on Health and Human Resources: (a) Public health and public welfare generally; (b) mental health; (c) public and private hospitals and similar institutions; (d) prevention and control of communicable and infectious diseases; (e) pure food and drugs; (f) poison and narcotics; (g) correctional and penal institutions; and (h) public assistance and relief.

            8. Committee on Industry and Labor: (a) Employment and establishment of industry; (b) labor standards; (c) labor statistics; (d) mediation and arbitration of labor disputes; (e) wages and hours of labor; (f) child labor; (g) safety and welfare of employees; (h) industry and labor generally; and (i) infrastructure.

            9. Committee on Interstate Cooperation: Constitute the House members of the West Virginia Commission on Interstate Cooperation as provided by Article 1B, Chapter 29 of the Code.

            10. Committee on the Judiciary: (a) Judicial proceedings, civil and criminal generally; (b) state and local courts and their officers; (c) crimes and their punishment; (d) corporations; (e) collection and enforcement of property taxes; (f) forfeited, delinquent, waste and unappropriated lands; (g) real property and estates therein; (h) domestic relations and family law; (i) revision and codification of the statutes of the State; (j) election laws; (k) proposals to amend the Constitution of the United States or the Constitution of the State; (l) legislation relating to constitutional conventions; and (m) other matters of a nature not deemed properly referable to any other standing committee.

            11. Committee on Pensions and Retirement: (a) Continuing study and investigation of retirement benefit plans of the State and political subdivisions thereof; (b) making recommendations with particular attention to financing of the various pension funds and financing of accrued liabilities; (c) considering all aspects of pension planning and operation; and (d) analyzing each item of proposed pension and retirement legislation with particular reference as to cost, actuarial soundness and adherence to sound pension policy.

            12. Committee on Political Subdivisions: (a) Counties, districts and municipalities generally; (b) division of the State into senatorial districts and apportionment of delegate representation in the House; and (c) division of the State into districts for the election of representatives to Congress.

            13. Committee on Roads and Transportation: (a) Highways, public roads, railways, canals and waterways, aeronautics, aircraft and airways; (b) motor vehicle administration and registration; (c) licensing of motor vehicle operators and chauffeurs; (d) traffic regulation and laws of the road; and (e) regulation of motor carriers of passengers and property for hire.

            14. Committee on Rules: (a) Rules, joint rules, order of business and parliamentary rules in general; (b) recesses and final adjournments of the House and the Legislature; (c) payment of money out of the contingent or other fund of the House or creating a charge upon the same; (d) employees of and services to the House, and purchase of furniture, supplies and office equipment; (e) election and qualification of members of the House and state officers, privileges of members and officers of the House, and witnesses attending the House or any committee thereof; (f) punishment of members of the House for disorderly conduct; and punishment of any person not a member for contempt, disrespectful behavior in the presence of the House, obstructing its proceedings, and for any assault, threat or abuse of a member of the House; (g) House printing; (h) House Library, statuary and pictures, acceptance or purchase of works of art for the Capitol, purchase of books and manuscripts for the House, erection of monuments to the memory of individuals; and (i) sale of food and administration and assignment of office space in the House wing of the Capitol; and (j) Resolutions referred to the Committee on Rules pursuant to Rule 110.

            15. Committee on Senior Citizen Issues: Proposal, revision and recodification of statutory provisions relating to all senior citizen issues.

            16. Committee on Small Business, Entrepreneurship and Economic Development: (a) small business; (b) entrepreneurship; (c) e-commerce; (d) e-government; (e) economic development; (f) job creation; and (g) commerce generally.

            17. Committee on Veterans Affairs and Homeland Security: (a) Veterans’ measures; (b) education of veterans; (c) cemeteries of the State in which veterans of any war or conflict are or may be buried; (d) measures generally affecting the health and welfare of veterans; and (e) measures relating to detection, protection against, response to, and recovery from, terrorist attacks, internal or external; and (f) military affairs.”

“Composition of Committees.

            78. The Committee on Rules shall consist of not less than seven fifteen nor more than eighteen twenty-five members, which number shall include the Speaker, Majority Leader and Minority Leader; the Committee on Interstate Cooperation of seven members; and all other standing committees shall consist of not less than fifteen nor more than twenty-five members, except that the number of members of the Committee on Pensions and Retirement shall be appointed in accordance with Joint Rule 29 or in such number as may be determined by the Speaker.”

“Bills, Resolutions and Petitions

Bills and Joint Resolutions

Time Limit on Introducing

            91a. No House joint resolution and no House bill, other than a House supplementary appropriation bill or a House bill originating in a House standing or select committee, shall be introduced in the House after the forty-firstsecond day of a regular session unless permission to introduce the joint resolution or bill be given by a House resolution, setting out the title to the joint resolution or bill and adopted by a two-thirds vote of the House members present. The forty-firstsecond day of the regular session held in the year two thousand nine and every fourth year thereafter shall be computed from and include the second Wednesday of February of such years. When permission is requested to introduce a joint resolution or bill under provisions of this rule, quadruplicate copies of the joint resolution or bill shall accompany the resolution or bill when introduced.”

Policy of the House as to Concurrent and House Resolutions; Defining Purpose and Scope of Such Resolutions; Preintroduction Review by Committee on Rules.

            108a. It is hereby declared to be the policy of the House of Delegates that concurrent and house resolutions be limited to the general purposes set forth in subdivisions (2) and (3) of Rule 108 and shall be restricted to expressions of sentiments and actions having a bearing upon matters incident to legislative business and the functioning of the legislative process insofar as possible.

            Such resolutions shall not embrace congratulatory expressions to individuals, organizations, associations or other entities having no relation to the Legislature or public affairs generally, athletic events, scholastic contests, or any other matter not related to the scope and areas of legislative business: Provided, That this rule shall not bar the introduction of resolutions memorializing deceased members of the Legislature and public officials or commending or congratulating public officials on actions in connection with governmental affairs.

            Before a Any concurrent or house resolution is filed with the Clerk for introduction, it shall be submitted to the Committee on Rules Clerk for determination of compliance with this rule. and no such resolution shall be introduced without the approval of said committee.

            And,

            By adding thereto a new Rule, designated Rule 95c, to read as follows:

Economic Impact Statement

            95c. Upon the introduction of any legislation which has a potential impact on the state’s economy, the Speaker may request from any institution under the authority of the West Virginia Higher Education Policy Commission, including but not limited to any state college or university, West Virginia University, or Marshall University, a review of the proposed legislation for purposes of preparing an Economic Impact Statement. The Economic Impact Statement may address the probable effect of any proposed legislation on the economy of the State of West Virginia including, but not limited to, the effect of the legislation on employment, job creation or reduction, and compensation. The statement shall include the names of those persons who participated in the drafting of the statement, including the time spent preparing the statement. The institution shall also make available a lead author of the statement or other qualified representative of the institution to discuss the statement with any committee of the House in which the legislation was referred. The Speaker may also request from any institution that produced a statement, a follow-up study two and five years following enactment of the legislation to analyze the economic impacts of the legislation. It shall be the responsibility of the Speaker to obtain any requested Economic Impact Statement, which shall be based on generally accepted methodology. The Rules Committee may, but is not required to, make by resolution recommendations as to the form and additional contents of the Economic Impact Statement.

            The phrase “Economic Impact Statement” or the initials “ES” must be clearly stamped or endorsed on the jackets of all bills that have statements attached to them. The failure to comply with any provision of this Rule shall not prohibit the consideration or passage of any proposed legislation.

            At the respective requests of Delegate Cowles, 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.

            Delegate Williams moved to amend the resolution on page seven, line seventeen, following the period, by inserting the following:

Senior Citizens Impact Statement

            95d. Upon the introduction of any legislation which has a potential impact on the senior citizens of this state, the Speaker may request from any institution under the authority of the West Virginia Higher Education Policy Commission, including, but not limited to, any state college or university, West Virginia University, or Marshall University, a review of the proposed legislation for the purpose of preparing a Senior Citizens Impact Statement. It shall be the responsibility of the Speaker to obtain any requested Senior Citizens Impact Statement, which shall be based on generally accepted methodology. The Rules Committee may, but is not required to, make by resolution, recommendations as to the form and contents of the Senior Citizens Impact Statement.

            The phrase ‘Senior Citizens Impact Statement’, or ‘SCIP’ must be clearly stamped or endorsed on the jackets on all bills that have statements attached to them. No act is void or voidable if a Senior Citizens Impact Statement is not attached at the time of passage.”

            On the adoption of the amendment, Delegate Williams demanded the yeas and nays, which demand was sustained.

            The yeas and nays having been ordered, they were taken (Roll No. 1), and there were--yeas 34, nays 66, absent and not voting none, with the yeas being as follows:

            Yeas: Bates, Boggs, Byrd, Campbell, Caputo, Eldridge, Ferro, Fleischauer, Fluharty, Guthrie, Hartman, Hicks, Hornbuckle, Longstreth, Lynch, Manchin, Marcum, Miley, Moore, Morgan, Moye, Perdue, Perry, Pethtel, L. Phillips, Pushkin, Reynolds, Rodighiero, Rowe, Skinner, P. Smith, Sponaugle, H. White and Williams.

             So, a majority of the members present and voting not having voted in the affirmative, the amendment was rejected.

            Delegate Miley then moved to amend the resolution on page seven, line eight, following the words “The Speaker”, by striking out the words “may also” and inserting in lieu thereof the word “shall”.

            On the adoption of the amendment, Delegate Miley demanded the yeas and nays, which demand was sustained.

            The yeas and nays having been ordered, they were taken (Roll No. 2), and there were--yeas 34, nays 66, absent and not voting none, with the yeas being as follows:

            Yeas: Bates, Boggs, Byrd, Campbell, Caputo, Eldridge, Ferro, Fleischauer, Fluharty, Guthrie, Hartman, Hicks, Hornbuckle, Longstreth, Lynch, Manchin, Miley, Moore, Morgan, Moye, Perdue, Perry, Pethtel, L. Phillips, Pushkin, Reynolds, Rodighiero, Rowe, Skinner, P. Smith, Sponaugle, Trecost, H. White and Williams.

             So, a majority of the members present and voting not having voted in the affirmative, the amendment was rejected.

            Delegates Fleischauer and Guthrie moved to amend the resolution on page seven, line sixteen, following the period, by inserting the following new section, to read as follows:

Children and Families Impact Statement

            95a. Upon the introduction of any legislation which has a potential impact on the children and families, the Speaker may request from any institution under the authority of the West Virginia Higher Education Policy Commission, including but not limited to any state college or university, West Virginia University, or Marshall University, a review of the proposed legislation for purposes of preparing an Children and Families Impact Statement. The Impact Statement may address the probable effect of any proposed legislation on children and families of the State of West Virginia including, but not limited to, the effect of the legislation on children in poverty, services provided by the state to families, educational opportunities for children and their parents, and whether any proposed legislation will harm or enhance the availability of services provided to children in poverty and single parent households. The statement shall include the names of those persons who participated in the drafting of the statement, including the time spent preparing the statement. The institution shall also make available a lead author of the statement or other qualified representative of the institution to discuss the statement with any committee of the House in which the legislation was referred. The Speaker shall request from any institution that produced a statement, a follow-up study two and five years following enactment of the legislation to analyze the accuracy of any conclusions and findings made in the Impact Statement. It shall be the responsibility of the Speaker to obtain any requested Impact Statement, which shall be based on generally accepted methodology. The Rules Committee may, but is not required to, make by resolution recommendations as to the form and additional contents of the Impact Statement.

            The phrase ‘Children and Families Impact Statement’ or the initials ‘CAFIS’ must be clearly stamped or endorsed on the jackets of all bills that have statements attached to them. The failure to comply with any provision of this Rule shall not prohibit the consideration or passage of any proposed legislation.

            On the adoption of the amendment, Delegate Fleischauer demanded the yeas and nays, which demand was sustained.

            The yeas and nays having been ordered, they were taken (Roll No. 3), and there were--yeas 34, nays 66, absent and not voting none, with the yeas being as follows:

            Yeas: Bates, Boggs, Byrd, Campbell, Caputo, Ferro, Fleischauer, Fluharty, Guthrie, Hartman, Hicks, Hornbuckle, Longstreth, Lynch, Manchin, Marcum, Miley, Moore, Morgan, Moye, Perdue, Perry, Pethtel, L. Phillips, Pushkin, Reynolds, Rodighiero, Rowe, Skinner, P. Smith, Sponaugle, Trecost, H. White and Williams.

             So, a majority of the members present and voting not having voted in the affirmative, the amendment was rejected

            Delegates Pushkin and Longstreth moved to amend the resolution on page seven, line sixteen, following the period, by inserting the following new section, to read as follows:

Veterans Impact Statement

            95a. Upon the introduction of any legislation which has a potential impact on the veterans and their families, the Speaker may request from any institution under the authority of the West Virginia Higher Education Policy Commission, including but not limited to any state college or university, West Virginia University, or Marshall University, a review of the proposed legislation for purposes of preparing an Veterans Impact Statement. The Impact Statement may address the probable effect of any proposed legislation on our state veterans and their families including, but not limited to, the effect of the legislation on services provided by the state to veterans and their families, rehabilitative and educational services the state provides to veterans, and whether any proposed legislation will harm or enhance the availability of these services provided to our state veterans. The statement shall include the names of those persons who participated in the drafting of the statement, including the time spent preparing the statement. The institution shall also make available a lead author of the statement or other qualified representative of the institution to discuss the statement with any committee of the House in which the legislation was referred. The Speaker shall request from any institution that produced a statement, a follow-up study two and five years following enactment of the legislation to analyze the accuracy of any conclusions and findings made in the Impact Statement. It shall be the responsibility of the Speaker to obtain any requested Impact Statement, which shall be based on generally accepted methodology. The Rules Committee may, but is not required to, make by resolution recommendations as to the form and additional contents of the Impact Statement.

            The phrase ‘Veterans Impact Statement’ or the initials ‘VIS’ must be clearly stamped or endorsed on the jackets of all bills that have statements attached to them. The failure to comply with any provision of this Rule shall not prohibit the consideration or passage of any proposed legislation.”

            On the adoption of the amendment, Delegate Pushkin demanded the yeas and nays, which demand was sustained.

            The yeas and nays having been ordered, they were taken (Roll No. 4), and there were--yeas 34, nays 66, absent and not voting none, with the yeas being as follows:

            Yeas: Bates, Boggs, Byrd, Campbell, Caputo, Eldridge, Ferro, Fleischauer, Fluharty, Guthrie, Hartman, Hicks, Hornbuckle, Longstreth, Lynch, Manchin, Marcum, Miley, Moore, Morgan, Moye, Perdue, Perry, Pethtel, L. Phillips, Pushkin, Reynolds, Rodighiero, Rowe, Skinner, P. Smith, Sponaugle, H. White and Williams.

             So, a majority of the members present and voting having voted in the affirmative, the amendment was rejected.

            There being no further amendments, the resolution was then 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)

 

 

 

* * * * * * * * * * * * *

Resolutions Introduced

            Mr. Speaker, Mr. Armstead, offered a resolution, which was read by the Clerk as follows:

            H. C. R. 1 - “Extending an invitation to His Excellency, the Governor, to deliver an address to the Legislature and raising a Joint Assembly therefor.”

            Whereas, His Excellency, the Governor, has advised that he will be pleased to address a Joint Assembly of the Senate and House of Delegates at the convenience of the two houses; therefore, be it

            Resolved by the Legislature of West Virginia:

            That His Excellency, the Governor, be hereby invited to address a Joint Assembly of the Legislature at 7:00 o’clock postmeridian this day; and, be it

            Further Resolved, That the President of the Senate and the Speaker of the House of Delegates appoint three members of each of the respective houses of the Legislature as a committee to wait upon His Excellency, the Governor, and escort him into the Hall of the House of Delegates at the time herein appointed for hearing the address.

            At the respective requests of Delegate Cowles, 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.

            At the respective requests of Delegate Cowles, 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.

            Whereupon,

            In accordance with the provisions of the resolution, the Speaker appointed as members of the committee to wait upon His Excellency, the Governor, the following:

            Delegates Arvon, Hamrick and Hartman.

            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. Armstead, 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 82nd 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 82nd Legislature.

            At the respective requests of Delegate Cowles, 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.

            On motion of Delegate Cowles, 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-second Legislature as provided by Section 18, Article VI of the Constitution of the State, with a quorum present, had organized by the election of Tim Armstead, 40th Delegate District, as Speaker; Stephen J. Harrison, of the County of Kanawha, as Clerk; Marshall Clay of the County of Fayette, as Sergeant-at-Arms; and Frank Larese of the County of Fayette, as Doorkeeper, and was ready to proceed to the business of the session.

            Whereupon,

            The Speaker appointed as members of such committee:

            Delegates Deem, Storch and Rowe.

            At the request of Delegate Cowles, 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.

            On motion of Delegate Cowles, 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-second 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 Arvon, Hamrick and Hartman.

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

            Delegate Arvon, from the committee to inform His Excellency, the Governor, that the Legislature had assembled for the First Regular Session of the Eighty-second 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.

* * * * * * * * * *

            Mr. Speaker, Mr. Armstead, 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 2015 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 82nd 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 Cowles, 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. Armstead, offered the following resolution, which was read by the Clerk as follows:

            H. R. 4 - “Authorizing the appointment of employees for this, the Second Regular Session of the Eighty-second Legislature, two thousand fifteen”.

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:

            Eight stenographers at $65.00 - $100.00

            Four committee clerks at $65.00 - $125.00

            Eight committee assistant clerks at $65.00- $105.00

            One legal assistants at $125.00

            Three legislative assistants at $65.00 - $125.00

            Four messengers at $65.00 - $80.00

            Seven attorneys at $165.00 - $360.00

            One Journal Room Supervisor at $130.00

            Three Journal Room Clerks at $65.00 - $82.00

            One Doorkeeper at $150.00

            Six assistant Doorkeepers at $80.00

            One Sergeant-at-Arms at $150.00

            Three assistant Sergeants-at-Arms at $65.00-$95.00

            One Page at $85.00

            One Assistant Page at $75.00

            Three maintenance assistants at $65.00

            One clerk assistant at $150.00

            One administrative assistant at $153.00

            (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 at seven thousand four hundred sixteen dollars and sixty-seven cents per month;

            One Assistant Clerk/Parliamentarian at five thousand dollars per month;

            One Bill Status Clerk at three thousand one hundred forty-two dollars and twenty-two cents per month;

            One Journal Clerk at three thousand eighty-three dollars and thirty-three cents per month;

            One Documents Clerk at three thousand five hundred eighty-three dollars and sixty-seven cents per month;

            One Administrative Assistant/Receptionist at Two Thousand nine hundred seventy-eight dollars and forty-two cents per month;

            One Fiscal Officer at three thousand six hundred twenty-five dollars per month;

            One Assistant Fiscal Officer at three thousand five hundred forty-nine dollars and thirty-two cents per month;

            One Purchasing Agent at three thousand three hundred fifty-three dollars and forty-two cents per month;

            One Mail Clerk at two thousand four hundred fifty-eight dollars and thirty-three cents per month;

            One Communications Director to the House at five thousand two hundred ninety-one dollars and sixty-seven cents per month;

            One Policy analyst to the Speaker at three thousand seven hundred fifty dollars per month;

            One Assistant to the Majority Whip Office at three thousand five hundred eighty-three dollars and thirty-three cents per month;

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

            One Assistant to the Speaker at six thousand five hundred dollars per month;

            One policy analyst to the Majority Office at three thousand five hundred eighty-three dollars and thirty-three cents per month;

            One Director of Supplies at three thousand four hundred fifty-eight dollars and thirty-three cents per month;

            One Maintenance Staff at two thousand two dollars and twenty-nine cents per month;

            One Maintenance Staff at two thousand nine hundred forty-two dollars and eighty-one cents per month;

            One Maintenance Staff at One thousand nine hundred sixteen dollars and sixty-seven cents per month;

            One Chief Counsel to the Committee on the Judiciary at seven thousand six hundred sixty-six dollars and sixty-seven cents per month;

            One Legislative Analyst to the Committee on the Judiciary at three thousand eight hundred fifty dollars and twenty-four cents per month;

            One Administrative Assistant to the Committee on the Judiciary at three thousand three hundred thirty-three dollars and thirty-three cents per month;

            One Chief Counsel to the Committee on Education at seven thousand four hundred seventy-five dollars per month;

            One Policy Analyst to the Committee on Education at six thousand nine hundred thirty-six dollars and thirty cents per month;

            One Legislative Assistant to the Committee on Education at three thousand three hundred twenty-two dollars and thirty-seven cents per month;

            One Chief Counsel to the Committee on Finance at eight thousand two hundred eight dollars and thirty-three cents per month;

            One Staff Counsel to the Committee on Finance at five thousand three hundred thirty-three dollars and thirty-three cents per month;

            One Policy Analyst to the Committee on Finance at six thousand dollars per month;

            One Budget Analyst to the Committee on Finance at four thousand three hundred seventy-five dollars and thirty-three cents per month;

            One Budget Analyst to the Committee on Finance at three thousand six hundred eighty-six dollars and fifty-eight cents per month;

            One Committee Clerk to the Committee on Finance at four thousand twenty-five dollars and forty-eight cents per month;

            One Chief Counsel to the Committee on Government Organization at seven thousand five hundred dollars per month;

            One Administrative Assistant to the Committee on Government Organization at two thousand nine hundred sixteen dollars and sixty-seven cents per month;

            One Legislative Analyst to the Committee on Government Organization at three thousand three hundred thirty-three dollars and thirty-three cents per month;

            One Chief Counsel to the Committee on Health and Human Resources at six thousand four hundred sixteen dollars and sixty-seven cents per month;

            One Legislative Analyst to the Committee on Health and Human Resources at three thousand five hundred forty-seven dollars and eleven cents per month;

            One Administrative Assistant to the Committee on Health and Human Resources at two thousand nine hundred fifty-eight dollars and thirty-three cents per month;

            One Chief Counsel to the Minor Committees at seven thousand three hundred seventy-four dollars and fifty-eight cents per month;

            One Analyst to the Minor Committees at three thousand eighty-three dollars and thirty-three cents per month;

            One Analyst to the Minor Committees at two thousand nine hundred sixteen dollars and sixty-seven cents per month;

            One Chief Counsel to the Energy Committee at six thousand dollars per month;

            One Clerk to the Energy Committee at three thousand one hundred forty-three dollars and thirty-nine cents per month;

            One Counsel to Minority Office at eight thousand five hundred dollars and thirty-three cents per month;

            One Policy Analyst to the Minority Leader at four thousand two hundred fifty dollars per month;

            One Policy Analyst to the Minority Leader at three thousand six hundred sixty-nine dollars and thirty-three 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 Cowles, 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.

********

Bills Introduced

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

By Delegates Gearheart, J. Nelson, Arvon, Ellington, Folk, B. White, Frich, Hill, Householder, Moffatt and Shott:

            H. B. 2001 - “A Bill to repeal §24-2F-1, §24-2F-2, §24-2F-3, §24-2F-4, §24-2F-5, §24-2F-6, §24-2F-7, §24-2F-8, §24-2F-9, §24-2F-10, §24-2F-11 and §24-2F-12 of the Code of West Virginia, 1931, as amended, all relating to the Alternative and Renewable Energy Portfolio Act”; to the Committee on Energy then the Judiciary.

By Delegates Wagner, Overington, A. Evans, Anderson, Waxman, Shott, Kelly, E. Nelson, Folk, Espinosa and Mr. Speaker, Mr. Armstead:

            H. B. 2002 - “A Bill to repeal §55-7-13 and §55-7-24 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto four new sections, designated §55-7-13a, §55-7-13b, §55-7-13c and §55-7-13d, all relating to predicating actions for damages upon principles of comparative fault; establishing the comparative fault standard; abolishing joint liability and implementing several liability; establishing how to consider the fault of nonparties; establishing how to consider the fault of, and the amounts paid by, settling parties; providing for the use of special interrogatories; clarifying fault may be imputed to another person who was acting as an agent or servant of another; allowing the assessment of a percentage of fault for failing to take reasonable precautionary measures that were available; precluding the allocation of fault to a person such as a seller, distributor or installer on a strict product liability theory where that person did not contribute to the alleged defect; providing for the burden of proof and limitations; and defining terms”; to the Committee on the Judiciary.

By Delegates Ambler, Anderson, Canterbury, O’Neal, Border, Sobonya, Weld, Hamilton, Ashley, Ireland and A. Evans:

            H. B. 2003 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-27, relating to the liability of a possessor of real property for harm to a trespasser”; to the Committee on the Judiciary.

By Delegates J. Nelson, Howell, Statler, Walters, Foster, Zatezalo, B. White, Moffatt, Stansbury, Gearheart and Butler:

            H. B. 2004 - “A Bill to amend and reenact §22-5-20 of the Code of West Virginia, 1931, as amended, relating to the development of a state plan under Section 111(d) of the Clean Air Act; requiring the Department of Environmental Protection to study the feasibility of a state plan; requiring the Department of Environmental Protection to submit a report to the Legislature determining whether a state plan is feasible, and, if so, recommending a proposed state plan to the Legislature; and requiring approval of the Legislature before any state plan is submitted to the United States Environmental Protection Agency”; to the Committee on Energy then the Judiciary.

By Delegates Pasdon, Hamrick, Zatezalo, Romine, McCuskey, Walters, Westfall, Arvon, Overington, Espinosa and Moffatt

            H. B. 2005 - “A Bill to amend and reenact §18A-3-1a and §18A-3-1b of the Code of West Virginia, 1931, as amended, all relating to alternative programs for the education of teachers; adding, clarifying and removing definitions; adding West Virginia Department of Education as additional option for alternative program partner; removing limit on program to positions in area of critical need and shortage; providing for rule making; removing language replicated in or conflicts with other statute provisions; requiring separate program review process; removing degree requirements in certain disciplines; removing requirements for minimum semester hours; requiring the method of instruction to be set forth in program plan; removing specific requirements for mentors and requiring professional support team to be set forth in program plan; authorizing certain existing support structures to be used; allowing options for charges to offset costs; clarifying initial hiring; requiring final decisions and recommendation on progress of program teacher reside with the principal; and making technical changes”; to the Committee on Education then Finance.

By Delegates Weld, Rohrbach, Zatezalo, Arvon, Espinosa, Waxman, Howell, Cowles, Ellington, Pasdon and Householder

            H. B. 2006 -- “A Bill to amend and reenact §55-7B-1, §55-7B-2, §55-7B-7, §55-7B-8, §55-7B-9, §55-7B-9a, §55-7B-9c and §55-7B-11 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §55-7B-7a and §55-7B-9d, all relating to medical professional liability; adding provisions to control the increase in the cost of liability insurance and to maintain access to affordable health care services for West Virginians; providing a mechanism to increase the limitation on civil damages in medical malpractice cases to account for inflation by linking increases to the Consumer Price Index; requiring appellate courts to review de novo certain decisions made by circuit court judges; adding provisions limiting the admissibility and use of certain information; and requiring adjustment of verdicts for past medical expenses”; to the Committee on the Judiciary.

 

By Delegates Stansbury, Westfall, Pasdon, Rohrbach, Hamilton, Statler, Walters, Ellington, Fast, McCuskey and Border

            H. B. 2007 - “A Bill to amend and reenact §18-2-9 of the Code of West Virginia, 1931, as amended, relating to required course of instruction in all public schools in West Virginia; and requiring instruction in cardiopulmonary resuscitation and care for conscious choking”; to the Committee on Education then Finance.

By Delegates Summers, D. Evans, Hamrick, Ashley, Ireland, Stansbury, Gearheart, E. Nelson, Howell, Blair and Kurcaba:

            H. B. 2008 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-2A-6a, relating to auditing the Division of Highways”; to the Committee on Government Organization then Finance.

By Delegates Fast, Duke, Summers, Rohrbach, Border, Hamilton, McGeehan, Storch, Arvon, Romine and Cowles:

            H. B. 2009 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §16-4C-24 and §16-4C-25; and to amend and reenact §30-1-7a of said code, all relating generally to administration of an opioid antagonist; allowing State Police, police, sheriffs and fire and emergency service personnel to possess naloxone or other approved opioid antagonist to administer in opioid drug overdoses; defining terms; providing for training; establishing training requirements for first responders who may administer opioid antagonists; establishing criteria under which a first responder may administer an opioid antagonist; granting immunity to health care providers who prescribe, dispense or distribute naloxone or other approved opioid antagonist related to a training program; granting immunity to initial responders who administer or fail to administer an opioid antagonist; providing for data gathering and reporting; allowing a prescription for an opioid antagonist in certain circumstances; establishing responsibility of licensed prescribers; providing for patient, family and caregiver education; requiring continuing education of licensed prescribers for administration of an opioid antagonist; and authorizing emergency and legislative rulemaking”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Kessinger, McCuskey, Border, Shott, Rowan, Frich, Westfall, Lane, Anderson, Sobonya and Faircloth:

            H. B. 2010 - “A Bill to amend and reenact §3-1-16 and §3-1-17 of the Code of WestVirginia, 1931, as amended; to amend and reenact §3-4A-11a of said code; to amend said code by adding thereto four new sections, designated §3-5-6a, §3-5-6b, §3-5-6c and §3-5-6d; to amend and reenact §3-5-7, §3-5-13 and §3-5-13a of said code; to amend said code by adding thereto a new section, designated §3-6-2a; to amend and reenact §50-1-1 of said code; to amend and reenact §51-2-1 of said code; and to amend and reenact §51-2A-5 of said code, all relating to requiring the elections of justices of the West Virginia Supreme Court of Appeals, circuit court judges, family court judges and magistrates be nonpartisan and by division; providing for the timing and frequency of election; establishing ballot design and printing; requiring separation from partisan ballot; establishing filing announcement of candidacies; permitting the withdrawal of announcement of candidacies; refunding of paid filing fees; and establishing ballot content”; to the Committee on the Judiciary.

By Delegates Hanshaw, Shott, E. Nelson, Rohrbach, Sobonya, Weld, Espinosa, Statler, Fast and Miller:

            H. B. 2011 - “A Bill to amend and reenact §23-4-2 of the Code of West Virginia, 1931, as amended, relating to disbursements from the Workers’ Compensation Fund where an injury is self inflicted or intentionally caused by the employer and permitting recovery in a private lawsuit; requiring the trier of fact to find that the alleged specific unsafe working condition in issue was a violation of a state or federal safety statute, rule or regulation, or of a commonly accepted and well-known safety standard within the industry or business of the employer, that was intended to address the specific hazard(s) presented by the alleged specific unsafe work condition; requiring that the trier of fact to also find that any governmental agency regulating the safety practices or the premises of an employer has confirmed in a written investigative report the existence of the other specified facts that the trier of fact must find; providing that the "actual knowledge" requirement of a safety statute, rule, regulation, or commonly accepted and well-known safety standard may not be presumed by its mere existence; and requiring that ‘actual knowledge’ must be proven by the employee, or other person(s) entitled to recover, in order that the employer's immunity from a lawsuit is lost”; to the Committee on the Judiciary.

By Delegates B. White, Nelson, E., Storch, Zatezalo, Pasdon, Ashley, Duke, Westfall, McCuskey and Cowles:

            H. B. 2012 - “A Bill to amend and reenact §21-5-4 of the Code of West Virginia, 1931, as amended, relating to the payment of wages by employers and when final wages are required to be paid; requiring payment of wages to be by the next regular payday; providing an exception; providing that bonuses and fringe benefits are not covered; reducing the amount of liquidated damages available; providing an instance when liquidated damages are not available; clarifying that the section does not address whether overtime pay is due; and authorizing payment by mail if requested by the employee”; to the Committee on Industry and Labor then Finance.

By Delegates Waxman, O'Neal, Hamilton, Butler, Anderson, Cowles, Storch, Ireland, Householder, D. Evans and R. Smith:

            H. B. 2013 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-27, relating to the liability of a possessor of real property for injuries caused by open and obvious hazards”; to the Committee on the Judiciary.

By Delegates Upson, Pasdon, Cowles, McCuskey, Hamrick, Ihle, Walters, Overington, Faircloth and Azinger:

            H. B. 2014 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-33-1, §18-33-2, §18-33-3, §18-33-4, §18-33-5, §18-33-6, §18-33-7, §18-33-8, §18-33-9, §18-33-10, §18-33-11, §18-33-12, §18-33-13, §18-33-14, §18-33-15 and §18-33-16, all relating to creating the West Virginia Public Charter Schools Act of 2015; providing purpose and intent; defining terms; establishing that charter schools are subject to certain requirements and exempt from certain requirements; providing for creation or conversion of charter schools; providing an application process; providing approval for approval and denials of applications; providing for governing bodies and their duties; providing what a charter school must do; providing for funding; providing for enrollment; providing for student transportation; requiring the state superintendent to provide information on charter schools to the public; providing for school personnel policies; providing for termination of a charter school; and providing for charter school evaluations ; to the Committee on Education then Finance.

By Delegates Foster, Espinosa, Summers, Miller, Lane, Duke, Ellington, McGeehan, Storch, Howell and Ihle:

            H. B. 2015 - “A Bill to amend and reenact §4-2-1, §4-2-2, §4-2-4, §4-2-8 and §4-2-10, of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §4-2-13, all relating to the Legislative Auditor; requiring that the Legislative Auditor conduct audits of all spending units, including members of the Board of Public Works and the Legislature, within at least two years of the effective date of this section, if practicable, but no later than four years from the effective date of this section, and thereafter on a regular basis; requiring public disclosure of any and all reviews performed pursuant to this section; and permitting the Legislative Auditor to seek the assistance of the Attorney General’s Office in performing the duties set forth within this section”; to the Committee on Government and Organization then Finance.

By Delegate Shott:

            H. B. 2017 - “A Bill to amend and reenact §20-2-8 of the Code of West Virginia, 1931, as amended, relating to providing for the posting of unenclosed lands to prohibit hunting, trapping or fishing thereon by placing identifying paint marks on trees or posts at each road entrance and adjacent to public roadways and public waterways adjoining the property”; to the Committee on Agriculture and Natural Resources then the Judiciary.

By Delegate Cooper:

            H. B. 2018 - “A Bill to amend and reenact §20-1-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §20-2-45, all relating to providing a fee discount for certain nonresident hunting, fishing and trapping licenses for native nonresidents of the state; definitions; limitation upon the fee amounts; providing for emergency rule and legislative rules”; to the Committee on Agriculture and Natural Resources then Finance.

By Delegate Caputo:

            H. B. 2019 - “A Bill to amend and reenact §20-2-58 of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-6-23 of said code, all relating to exempting indoor shooting ranges from the prohibition of shooting or discharging a firearm within five hundred feet of any school, church or dwelling house; amending the definition of ‘shooting range’ to include an indoor range; criminal penalties for violations; and limitations on nuisance actions”; to the Committee on Industry and Labor the Judiciary.

By Delegate Lane:

            H. B. 2020 - “A Bill to amend and reenact §18C-7-6 of the Code of West Virginia, 1931, as amended, relating to requirements for PROMISE scholarships; and expanding amount of PROMISE scholarship funds awarded to persons majoring in STEM (science, technology, engineering and mathematics) fields”; to the Committee on Education then Finance.

By Delegate Lane:

            H. B. 2021 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-3-6, relating to implementing drug testing for recipients of federal-state and state assistance”; to the Committee on Health and Human Resources then Finance.

By Delegate Lane:

            H. B. 2022 - “A Bill to amend and reenact §3-8-12 of the Code of West Virginia, 1931, as amended, relating to prohibiting certain political fundraising activities for members of the Legislature during certain periods of time before, during and after the Legislature is in session; and providing that existing misdemeanor penalties apply”; to the Committee on the Judiciary.

By Delegate Lane:

            H. B. 2023 - “A Bill to amend and reenact §6B-3-4 of the Code of West Virginia, 1931, as amended, relating to requiring the reporting and publication of all compensation, including the source of that compensation, paid to lobbyists for all lobbying activities”; to the Committee on the Judiciary then Finance.

By Delegate Guthrie:

            H. B. 2024 - “A Bill to amend and reenact §15-5-20 of the Code of West Virginia, 1931, as amended, relating to requiring preplanning, preparing and provisioning of public facilities for use as shelters for elderly and disabled during emergency situations when utilities and public services are not available for extended periods”; to the Committee on Veternan’s Affairs then Finance.

By Delegates Howell, Shott, Hamrick, Romine, Sobonya, Espinosa, Miller, Weld, Statler, Kurcaba and Canterbury:

            H. B. 2025 - “A Bill to amend and reenact §62-12-26 of the Code of West Virginia, 1931, as amended, relating to prohibiting certain sex offenders from loitering within one thousand feet of a school or child care facility”; to the Committee on the Judiciary.

By Delegates Howell, Canterbury, Hamrick, Ambler, Zatezalo, McCuskey, Espinosa, Cadle, D. Evans, Rowan and Hartman:

            H. B. 2026 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-46-1, §16-46-2, §16-46-3, §16-46-4, §16-46-5, §16-46-6, §16-46-7, and §16-46-8, all relating to allowing terminally ill patients to have access to investigational products that have not been approved by the federal food and drug administration that other patients have access to when they participate in clinical trials”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Howell, Weld, Kurcaba, Hamrick, Canterbury, Zatezalo, Ambler, McCuskey, Espinosa, D. Evans and Rowan:

            H. B. 2027 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §55-19-1, §55-19-2 and §55-19-3, all relating to requiring circuit courts to review foreign court judgments for jurisdiction before such orders may be enforced”; to the Committee on the Judiciary.

By Delegate Shott:

            H. B. 2028 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-3-10f, relating generally to purchasing; defining terms; prohibiting the award and renewal of contracts worth over $2 million to vendors owned ,in whole or in part, by state officials or by family members of state officials; requiring an affidavit of compliance with this section to accompany bids, contract proposals and contracts with the state; and providing for Ethics Commission review and approval of exceptions to this prohibition”; to the Committee on Government Organization then the Judiciary.

By Delegate Shott:

            H. B. 2029 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-28-1, §11-28-2, §11-28-3, §11-28-4, §11-28-5, §11-28-6, §11-28-7 and §11-28-8, all relating to allowing counties and municipalities to levy a sales tax on food and beverages sold at restaurants; providing for county and municipality options; limiting the total tax to three percent; limiting a municipal tax to two percent; setting forth the procedures for counties or municipalities to use to impose the tax; requiring publication; setting forth how the collected tax may be used; setting forth apportionment of the tax between local jurisdictions; setting forth exemptions from the tax; defining terms; and providing criminal penalties”; to the Committee on Political Subdivisions then Finance.

By Delegate Romine:

            H. B. 2030 - “A Bill to amend and reenact §17B-2-3a of the Code of West Virginia, 1931, as amended, relating to requiring the presentation of documents with greater indicia of validity then is currently required for proof of identity prior to the issuance of a driver’s license”; to the Committee on Roads and Transportation then the Judiciary.

By Delegate Romine:

            H. B. 2031 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-42-9, relating to prohibiting the performance of any abortion when the woman seeking it is doing so solely on account of the gender of the fetus; and prescribing a misdemeanor criminal penalty”; to the Committee on Health and Human Resources then the Judiciary.

By Delegate Romine:

            H. B. 2032 - “A Bill to amend and reenact §18A-4-3 of the Code of West Virginia, 1931, as amended, relating to increased salary increments paid to principals and assistant principals”; to the Committee on Education then Finance.

By Delegate Williams:

            H. B. 2033 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-2H-1, §19-2H-2, §19-2H-3, §19-2H-4, §19-2H-5, §19-2H-6, §19-2H-7, §19-2H-8, §19-2H-9, §19-2H-10, §19-2H-11, §19-2H-12, §19-2H-13, §19-2H-14 and §19-2H-15; to amend and reenact §19-29-2 of said code; to amend and reenact §20-1-2 of said code; and to amend and reenact §20-2-11 and §20-2-12 of said code, all relating to regulating captive cervid farming as an agricultural enterprise in this state; creating the Captive Cervid Farming Act; setting forth powers and duties of the Department of Agriculture; authorizing rule-making; setting forth duties and obligation of the Commissioner of the Department of Agriculture; establishing an application process; permitting the issuance, renewal, modification and transfer of a license certificate; requiring the inspection of facilities; permitting the transition of current facilities; providing for noncompliance with article; and establishing remedies and criminal penalties”; to the Committee on Agriculture and Natural Resources then Finance.

By Delegate Williams:

            H. B. 2034 - “A Bill to amend and reenact §55-7-15 of the Code of West Virginia, 1931, as amended, relating to providing to hospital volunteers immunity from civil liability for emergency services rendered in good faith without remuneration at a hospital:” to the Committee on the Judiciary.

By Delegate Williams:

            H. B. 2035 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-14C-5a, relating to reducing the wholesale tax on heating fuel, off-road fuels, kerosene and propane used for home heating purposes or off-road use to 4.85 percent; and provides an effective date”; to the Committee on Finance.

By Delegate Williams:

            H. B. 2036 - “A Bill to amend and reenact §61-3-39g of the Code of West Virginia, 1931, as amended, relating to requiring a summons be issued for the drawer of a worthless check whether a resident of this or another state; requiring the summons include the date, time and place where the drawer is required to appear; requiring the drawer be given the option, in lieu of appearing, to make payment of the amount of the worthless check plus any applicable court costs; providing that a nonresident drawer who fails to appear and fails to satisfy the amount owed shall have his or her privilege to operate a motor vehicle in this state revoked and the Division of Motor Vehicles is to mail a notice of the revocation to its counterpart in the state where the nonresident drawer resides; and providing that a West Virginia resident who fails to appear and fails to satisfy the amount owed shall have his or her driver’s license revoked until the owed amount is paid”; to the Committee on the Judiciary then Finance.

By Delegates Williams and Moye:

            H. B. 2037 - “A Bill to amend and reenact §11-15-3c of the Code of West Virginia, 1931, as amended, relating to eliminating the consumers sales tax on utility terrain vehicles that are used for agricultural purposes; and defining utility terrain vehicle as a motor vehicle”; to the Committee on Roads and Transportation then Finance.

By Delegate R. Smith:

            H. B. 2038 - “A Bill to amend and reenact §52-1-11 of the Code of West Virginia, 1931, as amended, relating to excuses from jury service; and allowing breast-feeding to serve as a valid excuse from jury service”; to the Committee on the Judiciary.

By Delegates Shott, E. Nelson and Gearheart:

            H. B. 2039 - “A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to raising the maximum personal income tax exemption for persons over the age of sixty-five and for persons who are totally disabled, for the next three years”; to the Committee on Finance.

By Delegate Guthrie:

            H. B. 2040 - “A Bill to amend and reenact §6-5-5 of the Code of West Virginia, 1931, as amended, relating to disqualification for public office by conviction of certain offenses; and adding domestic violence and fraud to the list of crimes for which conviction would bar a person from holding public office”; to the Committee on the Judiciary.

By Delegates Guthrie and Skinner:

            H. B. 2041 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5A-12-1, §5A-12-2, §5A-12-3 and §5A-12-4, all relating to establishing requirements for prior review of all privatization proposals to insure that the public interest is being served when public sector jobs are outsourced to the private sector”; to the Committee on Industry and Labor then Finance.

By Delegate Guthrie:

            H. B. 2042 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2I-1, §5B-2I-2, §5B-2I-3, §5B-2I-4, §5B-2I-5, §5B-2I-6 and §5B-2I-7; and to amend said code by adding thereto a new section, designated §11-24-11c, all relating to creating the West Virginia Renewable Energy Act; providing an investment cost recovery incentive for customer-generated electricity from renewable energy systems; making exceptions; providing tax credits for electric light and power companies that purchase customer-generated electricity; establishing time limits for the incentives and credits; providing that customers who generate electricity from renewable sources may sell electricity to electric light and power companies; requiring reports be made to the Legislature; making legislative findings and defining terms”; to the Committee on Energy then Finance.

By Delegate Guthrie:

            H. B. 2043 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-5-2a, relating to granting all public employees a $1,000 per year permanent pay increase”; to the Committee on Government and Organization then Finance.

By Delegates Perdue, Fleischauer, Eldridge, Cowles, Miller, Border, Rowan and Ellington:

            H. B. 2044 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §16-4C-24 and §16-4C-25; and to amend and reenact §30-1-7a of said code, all relating generally to administration of an opioid antagonist; allowing State Police, police, sheriffs and fire and emergency service personnel to possess naloxone or other approved opioid antagonist to administer in opioid drug overdoses; defining terms; providing for training; establishing training requirements for first responders who may administer opioid antagonists; establishing criteria under which a first responder may administer an opioid antagonist; granting immunity to health care providers who prescribe, dispense or distribute naloxone or other approved opioid antagonist related to a training program; granting immunity to initial responders who administer or fail to administer an opioid antagonist; providing for data gathering and reporting; allowing a prescription for an opioid antagonist in certain circumstances; establishing responsibility of licensed prescribers; providing for patient, family, caregiver or designee education; requiring continuing education of licensed prescribers for administration of an opioid antagonist; and authorizing emergency and legislative rulemaking”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Perdue, Fleischauer, Cowles, Miller, Rowan and Border:

            H. B. 2045 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-46-1 and §16-46-2, all relating to creating the Overdose Prevention Act; defining terms; providing immunity from citation, arrest or prosecution of certain offenses for certain persons who seek appropriate medical attention upon an overdose of drugs or alcohol; prohibiting seeking appropriate medical attention from constituting a violation of a condition of pretrial release, probation, furlough or parole; requiring certain action from persons seeking appropriate medical attention; providing that seeking medical attention is a mitigating factor at sentencing of any offense arising from the request for medical attention; allowing persons to plead guilty to certain exempted offenses if desired; providing certain exceptions to immunity for evidence found from an independent source; and providing immunity to law-enforcement officers who cite or arrest a person who receives immunity unless the officer acted recklessly or intentionally”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Perdue, Fleischauer, Miller, Rowan, Border and Ellington:

            H. B. 2046 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-4F-1, §16-4F-2, §16-4F-3, §16-4F-4 and §16-4F-5; to amend and reenact §30-3-14 of said code; to amend and reenact §30-3E-3 of said code; to amend and reenact §30-5-14 of said code; to amend and reenact §30-7-15a of said code; and to amend and reenact §30-14-11 of said code, all relating to treatment for sexually transmitted diseases; providing for expedited partner therapy; defining terms; permitting prescribing of antibiotics to sexual partners of a patient without a prior examination of the partner; requiring patient counseling; establishing counseling criteria; requiring informational materials be prepared by the Department of Health and Human Resources; providing limited liability for providing expedited partnership therapy; requiring rulemaking; and providing that physicians, physician assistants, pharmacists and advanced practice registered nurses are not subject to disciplinary action for providing certain treatment for sexually transmitted diseases for sexual partners of a patient”; to the Committee on Health and Human Resources then the Judiciary.

By Delegate Shott:

            H. B. 2047 - “A Bill to amend and reenact §9-7-1 and §9-7-6 of the Code of West Virginia, 1931, as amended, all relating to Medicaid fraud and abuse; and continuing the fraud control unit in the Medicaid Fraud Control Unit of the Attorney General’s office after July 1, 2016”; to the Committee on Health and Human Resources then the Judiciary.

By Delegate Shott:

            H. B. 2048 - “A Bill to amend and reenact §49-5-11 of the Code of West Virginia, 1931, as amended, relating to juvenile proceedings; and requiring the Supreme Court of Appeals and the county board of education to each pay one half of the costs for hiring a school-based juvenile probation officer under specified circumstances”; to the Committee on the Judiciary then Finance.

By Delegates Shott, Cooper, Gearheart and Ambler:

            H. B. 2049 - “A Bill to amend and reenact §17-16A-29 of the Code of West Virginia, 1931, as amended, relating to the West Virginia Parkways, Economic Development and Tourism Authority and requiring the Parkways Authority to provide free daily toll passes for veterans traveling to the Veterans Administration Hospital for treatment”; to the Committee on Veterans’ Affairs and Homeland Security then Finance.

By Delegate Guthrie:

            H. B. 2050 - “A Bill to amend and reenact §31D-1-150 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto two new sections, designated §31D-7-740 and §31D-7-741; to amend said code by adding thereto a new section, designated §31D-8-834; to amend said code by adding thereto a new section, designated §31D-15-1540; and to amend said code by adding thereto a new section, designated §31D-16-1621, all relating generally to the accountability of a corporation’s political activities; defining additional terms; requiring annual authorization and approval by a majority of shareholders for corporations spending a yearly aggregate of $10,000 or more for political activities in this state and notice of such expenditures on corporate website; prohibiting political expenditures by corporations if a majority of shareholders are institutional investors prohibited from taking political positions; providing for director liability for spending without proper authorization; requiring disclosure of corporate political activities to shareholders and the public; authorizing shareholders to seek prorata rebates for their portion of investments spent by the corporation on any political expenditure or contribution the shareholder does not agree with; and applying these new requirements to foreign corporations”; to the Committee on the Judiciary then Finance.

By Delegate Shott:

            H. B. 2051 - “A Bill to amend and reenact §33-17A-4 and §33-17A-6 of the Code of West Virginia, 1931, as amended, all relating to the use of credit information in connection with the declination and termination of property insurance and expanding the information required to be provided by an insurer in the notice of declination or termination to an insured or applicant”; to the Committee on Banking and Insurance then Finance.

By Delegate Shott:

            H. B. 2052 - “A Bill to amend and reenact §21A-1A-17 of the Code of West Virginia, 1931, as amended, relating to the labor-management relations act for the private sector; expanding exclusions from the term employment in that article generally”; to the Committee on Industry and Labor then the Judiciary.

By Delegate Shott:

            H. B. 2053 - “A Bill to amend and reenact §38-1-2 of the Code of West Virginia, 1931, as amended, relating to the form of trust deeds; and permitting the recording of a memorandum of deed of trust in lieu of the deed of trust”; to the Committee on the Judiciary.

By Delegate Shott:

            H. B. 2054 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §37-6-31, relating to the right of the landlord of commercial premises to terminate the lease under certain circumstances and providing a process for the termination”; to the Committee on the Judiciary.

By Delegate Shott:

            H. B. 2055 - “A Bill to amend and reenact §11-22-1 of the Code of West Virginia, 1931, as amended, relating to exempting from excise taxation the transfer of real property from an individual to a wholly-owned subsidiary or limited liability company”; to the Committee on the Judiciary then Finance.

By Delegates Faircloth and Hamilton:

            H. B. 2056 - “A Bill to amend and reenact §18-5-15b of the Code of West Virginia, 1931, as amended, relating to clarifying that the Pledge of Allegiance said each instructional day in West Virginia public schools shall include the phrase ‘one nation under God’”; to the Committee on Education then the Judiciary.

            At 3:30 p.m., on motion of Delegate Cowles, the House of Delegates recessed until 6:45 p.m., and reconvened at that time.

* * * * * * *

Evening Session

* * * * * * *

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, Inviting the Governor to address the Legislature and raising a Joint Assembly therefor.

JOINT ASSEMBLY

            The Speaker recognized the Sergeant-at-Arms, who announced the Honorable Bill Cole, President, and members of the Senate, who entered the Hall of the House of Delegates.

            The Speaker invited the President to be seated to his right and the other members to be seated in the places reserved for them in the Well of the House.

            The Sergeant-at-Arms then announced members of the Board of Public Works, who were escorted to the places reserved for them.

            The Sergeant- at- Arms next announced Chief Justice Margaret Workman and Justices of the Supreme Court, who entered the Hall of the House of Delegates and took the seats reserved for them.

            The Sergeant- at- Arms next announced The Honorable David McKinley, First Congressional District.

             The Sergeant- at- Arms then announted The Honorable Alex Mooney, Second Congressional District.

            The Sergeant- at- Arms then announced The Honorable Evan Jenkins, Third Congressional District.

            The Sergeant- at- Arms next announced The Honorable Shelley Moore Capito, United States Senator.

            The Sergeant- at- Arms then announced the special committee to wait upon His Excellency, the Governor, and escort him into the Chamber.

            Delegate Arvon then announced that, pursuant to the invitation of the Legislature, His Excellency, the Governor, was present for the purpose of addressing the Joint Assembly of the Legislature.

            The Committee escorted His Excellency, the Governor, to the Clerk’s Rostrum. (Applause, the members and guest rising in ovation)

            The Speaker then presented the Honorable Earl Ray Tomblin, who addressed the assembly as follows:

*********

Address by the Governor

*********

              Governor. Mr. Speaker, Mr. President, members of the Legislature, members of the Board of Public Works, justices of the Supreme Court of Appeals, members of Congress, distinguished guests, and my fellow West Virginians.

                Forty years ago on a night much like tonight, I joined my fellow Legislators in this beautiful chamber as a young man and a recent college graduate just elected to the House of Delegates and wondered what on earth I had gotten myself into.

                Armed with little more than a fresh perspective and a passion to make my home state the best it could be, I was eager to take on the challenges I knew we faced as a state. (Applause)

                On my first trip to the supply room to pick up my pens, papers and folders, I was stopped by the House clerk who wanted to know who the supplies were for. I said they were for me. And he responded, well, who are you? I said, I’m the new delegate from Logan County.

                I imagine my emotions and expectations were not unlike our state’s and our nation’s youngest lawmaker, Saira Blair (Applause), who finds herself in this Chamber as a member of the majority, working with a governor of the opposite party, just as I did 40 years ago.

                As many of you may know, that governor was Arch Moore. (Applause) Tonight, our thoughts and prayers continue to be with Senator Capito, and her family, as they mourn his passing.

                As Governor Moore once welcomed me, tonight I welcome Delegate Blair, and all of the new faces in this Chamber. I’m confident we all share the same goal – the goal of putting West Virginia first and making it the greatest place it can be.

                Serving our state and her people comes with great responsibility. We must work together, not as Democrats or Republicans, but as West Virginians united for the common good. This is West Virginia, not Washington, and we work together to meet the challenges we face as a state. (Applause)

                Through the years, I’m proud of the great progress we have made, together. We have improved our business climate, launched meaningful reforms to our education system, addressed our long-term liabilities, and cut taxes for working families and small businesses.

                Just two weeks ago, we eliminated our state’s business franchise tax, not only encouraging employers to continue to invest in our state, but eliminating extra paperwork that made it more difficult to do business here.

                Eliminating the business franchise tax is just one of the recent steps we’ve taken to responsibly reduce taxes for employers. These steps continue to encourage investments in West Virginia jobs.

                But as I speak to the newest members of this Legislature, and I know we have more than a few of those, I’m sure you are aware this is not the only or the last hurdle we face to improve our state’s business climate.

                Nearly four decades ago, our state was in danger of having the heat turned off in the Governor’s Mansion because we couldn’t pay our bills. We owed billions of dollars in unfunded pension liabilities. Our credit rating was quickly approaching junk bond status, our residents waited months to receive their tax refunds, and doctors weren’t being paid for treating patients covered by PEIA.

                While we can agree there are challenges that still lay ahead, the state of our state is much different, much BETTER, than before.

                We have one of the strongest Rainy Day Funds in the country. We are credited for being one of the most fiscally responsible states in the nation. Our bond ratings were recently reaffirmed – a move that saves taxpayers hundreds of millions of dollars when building schools, roads and making long-term investments to improve our infrastructure. We accomplished these things, together.

                We’ve reformed our workers’ compensation system so businesses operating here pay more reasonable insurance rates and hardworking West Virginians receive the benefits they deserve in a timely manner. This year, businesses in West Virginia saw a reduction in workers’ compensation premiums for the tenth straight year, a total of more than 280 million dollars in savings since 2005. (Applause) We’ve worked together to make tough decisions, and next year, we will pay off the remaining debt from the old workers’ comp fund. We have come too far and worked too hard to go back on the commitments we made several years ago. (Applause) We accomplished these things, together.

                In the early 2000s, doctors were threatening to leave the state because of slow payments and unreasonable medical malpractice insurance premiums. We reformed our legal system and created the West Virginia Mutual Insurance Company, which serves as a model for states across the country, providing physicians with good coverage at reasonable rates. We accomplished these things, together.

                And just three years ago, we rolled up our sleeves to tackle our state’s OPEB debt. While other states were only talking about eliminating debt related to other post-employment benefits, we took bold action. We were the first state in the country to address the concerns of local officials who were terrified of bankruptcy, and we found a way to pay it down in a fiscally responsible manner.

                Because of these steps, our state’s $5 billion OPEB debt will be paid off without any tax increases. (Applause)

We accomplished these things, together.

                Responsible actions like workers’ compensation reform, medical malpractice reform and gradual reductions in our business and consumer taxes, help West Virginia employers, protect our residents and are critical to our continued economic growth.

                We have worked together to make significant changes to improve our state’s legal system, and I resent those who irresponsibly label us a judicial hellhole. Unreasonable and irrational labels drummed up by out-of-state interests do not help our efforts to engage potential investors and strengthen our economy. (Applause)

                There is always more work to be done, and together we can consider reasonable, responsible reforms to our legal system.

                We’ve worked hard to create an environment that allows us to compete for new and expanding businesses – projects like Diamond Electric which recently relocated its North American headquarters to Putnam County, American Woodmark which announced a $30 million expansion in Hardy County, and Sogefi in Wayne County which has invested tens of millions of dollars in our state, employing hundreds of West Virginians.

                We look forward to adding Project ASCENT, the proposed multi-billion dollar cracker in Wood County, to this impressive and growing list.

                This November, I traveled to Brazil to meet with senior officials from Odebrecht and Braskem to review their continued progress and chart our next steps moving forward. This type of project will serve as an anchor for new value-added industries and chemical hubs that will be part of a manufacturing renaissance in America.

                Company officials are pleased with the progress they have made over the past year and the tremendous welcome they’ve received from the number of West Virginians who have touched this project in one way or another. Our recent mission allowed us to demonstrate our firm commitment to bring this facility to the Mountain State. Tonight, I am more confident than ever this investment will usher in an era of unprecedented growth for our entire region. (Applause)

                In 2011, we were the first state to pass comprehensive legislation regulating the drilling of Marcellus Shale. Since then, we’ve taken significant steps to ensure we remain at the center of the Marcellus and Utica shale boom.

                Companies are investing billions of dollars in our state to support the production, processing and transportation of natural gas and creating a number of new opportunities to develop these rich deposits. This October, Southwestern Energy invested more than $5 billion in West Virginia and southwestern Pennsylvania to acquire Marcellus and Utica shale properties. This investment is one of the largest of its kind, not only in our state, but across the country.

                Tonight, I’d like to welcome home West Virginia native and the new general manager of Southwestern Energy’s West Virginia operations, Derek Cutright and Senior Vice President of Southwestern’s West Virginia division, Paul Geiger. (Applause)

                Derek and Paul, please stand so we may welcome you and thank you for Southwestern’s significant investment in the Mountain State. (Applause)

                Tens of thousands of our residents are already benefitting from these developments, and I’m committed to ensuring our state continues to capitalize on this abundant natural resource and the opportunities it brings. With this in mind, I’ve directed the Department of Revenue to launch a comprehensive review of our state’s public lands to identify opportunities where West Virginia can take advantage of this energy revolution.

                We have the potential to secure hundreds of millions of dollars in bonus and royalty payments, monies that can be invested to improve our state parks, support tourism initiatives across the state and finance a number of other worthy endeavors to strengthen job creation.

                For generations, West Virginia has been one of our nation’s leading energy producing states. As we continue to explore opportunities to diversify our state’s energy portfolio, we must ensure the safety of hardworking West Virginians at drilling sites, production facilities and pipelines across the state. That’s why I am requesting a study to determine how we can best protect workers at natural gas operations. We must ensure our workers have the proper training and skills to do their jobs in the most effective way possible and return home safely. (Applause)

                Workforce safety must be the expectation for businesses operating in West Virginia, not an afterthought.

                Economic investments, as well as those we are making to improve our infrastructure, are important to all of us, but they come at a cost.

                Our state’s highways and bridges are critical to our continued economic growth. This year, the Division of Highways spent an additional $48 million on resurfacing projects and bridge work compared to what was spent in 2013. We are making progress, but we must find ways to do more.

                With the help of legislation we passed together, our Division of Highways is now able to use more innovative financing options to build and maintain our roads and bridges. And tonight, I’ve directed the Division of Highways to include the completion of U.S. 35 as part of its six year plan. (Applause)

                In recent years, inaction at the federal level has put construction at a standstill and new highway projects have been difficult to complete. I will continue to work with our Congressional delegation to identify a stable federal funding source for our much-needed road improvements.

                When highway funding is hard to come by, eliminating more than $85 million in dedicated revenues to maintain our state’s highways is irresponsible. This year, 84 percent of all tolls collected on the West Virginia Turnpike were collected from out-of-state drivers and commercial vehicles.

                Instead of eliminating tolls, we need to work together to identify alternative ways to minimize the impact on our residents who travel the Turnpike each and every day.

                We’ve created a business climate where companies are encouraged to innovate, expand and create new jobs. Companies across the country and around the world are noticing the changes we have made.

                When I became governor four years ago, I made a promise that I would go anywhere and sit down with anyone to bring jobs to the Mountain State. When investors knock on the door of our state’s Development Office, we ask, “How can we help?” These strong personal relationships are critical for our state and our economy.

                When companies investing here have unmet needs, we take action, and we must do the same thing for small business owners who already call our state home.

                West Virginians make great products, and we need to make sure entrepreneurs like Isabella Yosuico can continue to succeed. Soon after Isabella’s second son, Isaac, was born, she and her husband, Ray, were told by doctors that he would have low muscle tone and weakness common to children with Down’s syndrome.

                Like any mom wanting to help, Isabella sought a solution.

                She took a scrap of cloth, sand from her boys’ sandbox and created a tiny pair of weights to put on Isaac’s wrists and ankles to help him develop muscle strength. When Isaac’s physical therapist saw them, she encouraged Isabella to consider making them for other children with similar obstacles. In May, Isabella launched MightyTykes as part of the 2014 Abilities EXPO in New York City.

                Tonight, we celebrate the spirit of the Yosuico family. Isabella, Isaac, Pierce and Ray, please stand so we may recognize you and celebrate your family’s achievements. (Applause)

                We must encourage the same innovation we ask of all of those investing in our state and allow our state’s entrepreneurs to put their skills to work without the burden of unnecessary state restrictions.

                That’s why tonight I am proposing legislation to give our craft brewers increased opportunities to succeed as part of our state’s growing craft beer industry. Together, we can continue to show those across the country, around the world and here at home that West Virginia is the right place to make an investment and the Mountain State is a great place to do business.

              Our continued economic growth and the enormous potential that lies ahead place even more urgency on developing a skilled workforce.

                Recent studies show West Virginia will generate 30,000 new jobs each year through 2018 and nearly 60 percent of these jobs will require at least a two-year degree. These are good paying jobs in the manufacturing, construction and natural gas industries as well as healthcare and education.

                Since 2007, West Virginia’s community and technical colleges have developed 133 new programs specifically tailored toward workforce development and training. Many of these partnerships, like the Appalachian Petroleum Program Training Center, were created to strengthen our state’s growing manufacturing, chemical and natural gas sectors.

                This center, a joint partnership between Pierpont and West Virginia Northern Community College, is one of only 14 programs of its kind in the country. It brings together industry representatives and the academic community to equip West Virginians with the skills they need to be part of these growing industries.

                Recent investors have identified a critical need for instrumentation technology programs to support new and growing industries across the state. Blue Ridge and BridgeValley Community and Technical Colleges answered their call with specialized programs supported by private sector companies eager to hire West Virginia workers.

                Companies like Toyota, Gestamp, NGK and Dow Chemical recognize the progress we’ve made and are working with us to train West Virginia’s workforce for the jobs of today and tomorrow.

                The number of students now earning certificate degrees and two-year associate degrees has increased by 57 percent. That’s an accomplishment we all can be proud of. (Applause)

                Preparing our future workforce doesn’t start with our community and technical colleges. Across the state, we are working with middle school and high school students to share the opportunities that await them after graduation.

                Over the past several months, I’ve traveled to a number of schools to meet our students and introduce a new education initiative. It’s called My State, My Life, and it’s designed to inspire and encourage our students to embrace their bright future here in the Mountain State. The West Virginia of today is not the same place it was decades ago. We are ushering in an era of change that will provide our students with opportunities for a great life here at home.

                In classrooms from Hancock to McDowell, Wayne to Berkeley counties, there are thousands of young bright minds with untapped potential. There are endless possibilities for our students to succeed, and it doesn’t matter which training or career path they choose as long as they choose one.

                As we work to develop these programs, we understand we must expand our vision to prepare more than just the future members of our workforce.

                We must also support existing workers, especially our state’s hardworking coal miners. I know times are tough, but let me be clear, I will never stop fighting against federal regulations that harm our state’s energy industry and devastate our miners, their families and our communities. (Applause)

                Last month, we filed comments related to the EPA’s carbon pollution emission guidelines and urged the EPA to reconsider its proposed plan. Federal bureaucrats must understand the impact these new rules will have on families and communities here and across the country. We must work together to develop reasonable, achievable goals that balance the environmental protection we all support with the economic growth we must maintain.

                While we remain hopeful the EPA will consider the effects regulations are already having on our economy, we continue to offer programs to provide coal miners and their families with the critical training they need to explore a different career path, if that’s a choice they wish to make.

                BridgeValley, New River and Southern West Virginia Community and Technical Colleges all offer programs to re-train hardworking miners and their families with the skills they need to succeed. These accelerated training programs are based on fundamental skills that are valuable no matter what high demand field our miners choose, even if they are able to find re-employment underground.

                No matter how West Virginians have been affected by the downturn in our state’s energy sector, re-training and job assistance are available. Over the past four years, Workforce West Virginia has invested more than 48 million dollars in state and federal funds to retrain displaced workers and their families.

                Today, we continue to prepare these workers for jobs in high-demand fields across the state like nursing, education, welding and related industries.

                As West Virginia’s military men and women return from serving around the world, we stand together to welcome them home with open arms. We are proud of our state’s legacy of serving our country, and we must continue to honor them every chance we get. These men and women aren’t just dedicated members of our military, they are also important members of our communities. When they return home, we owe it to them to provide the training they need to succeed.

                In 2009, my friend and one of our state’s Silver Star recipients, James McCormick, came up with an idea to help veterans find transitional job training and meaningful work here at home. Last year, the Legislature passed a bi-partisan bill to establish the Veterans and Warriors to Agriculture Program which helps our state’s veterans provide fresh produce for their families and develop small working farms across the state.

                James has dedicated his time and talents to helping our veterans return to civilian life and transition to careers as farmers and livestock managers. James, please stand so we may thank you for your service and for your hard work on behalf of our state’s veterans. (Applause, members standing in ovation)

              As a former teacher, father and the husband of a college president, I understand the importance of a good education. As Governor, I recognize improving educational programs and increasing opportunities for our kids, and our teachers, is fundamental to our state’s continued growth and economic success.

                Over the past several years, we’ve made changes in our classrooms to put our kids on the right track to a bright future.

                From touring Edgewood Elementary School on Charleston’s West Side to celebrating the newly-renovated Harpers Ferry Middle School in the Eastern Panhandle, I’ve had the opportunity to see firsthand changes we’re making to help our students succeed. We are laying the groundwork to support our communities and develop future leaders and innovators of the next generation.

                As we compete in today’s global economy, we must start with our middle school and high school students by providing them with the high-tech skills they need. In 2013, business and industry in West Virginia identified a critical need for workers with strong math, technical, computer and mechanical skills.

                That’s why this year I’ve set aside funding to establish a STEM network to review current STEM-related education initiatives and refine and expand local programs to better serve our students. As we increase and improve STEM-education opportunities, there will be a need for more certified chemistry, robotics and advanced math teachers in our classrooms.

                We must ensure our students are being taught by great teachers including those who may not have a traditional education degree.

              This year, I will introduce legislation to expand opportunities for skilled West Virginians who have a passion for teaching but may not have a teaching background. We need to find ways to streamline the process and encourage those who have a passion to teach so they can share their knowledge with our kids. We must give local school systems better flexibility to train and hire subject-matter experts to fill long-term vacancies in critical subject areas. (Applause)

                Each year, our teachers gather in schools and classrooms across the state with a shared vision to inspire our students and encourage a lifetime of learning.

                Tonight, I am honored to introduce our 2015 Toyota Highmark Blue Cross Blue Shield Teacher of the Year, Gail Adams. Inspiration can come from a place we least expect. Sometimes it comes from teaching a Jazzercise class.

                While leading each class, Gail laughed as she corrected the grammar of the song lyrics that played.

                And after months of joking about becoming an English teacher, she finally felt the spark that awakened a passion for teaching. She followed her heart, enrolled in college and four years later, she earned her teaching degree.

                Today, Gail is not only teaching Advanced English to her students at Wheeling Park High School, but she is answering the tough questions she once had as a high school senior. Instead of just reading modern literature and studying the classics, Gail’s students are also learning about banking, financing a college education and finding a rewarding career.

              She makes things work, makes things better and makes teaching, and learning, special.

                Ladies and gentlemen, please join me in welcoming our 2015 Teacher of the Year, Gail Adams. ( Applause, members standing in ovation)

                We are fortunate to have businesses that understand the value of a good education here in West Virginia. At this time, I’d also like to recognize two individuals who deserve our thanks for their continued support of the Teacher of the Year program.

                Fred Early, president of Highmark Blue Cross Blue Shield, and Millie Marshall, president of Toyota Motor Manufacturing of West Virginia please stand so we may thank you for your continued commitment to our state’s teachers. (Applause)

                A strong workforce is a drug-free workforce. Substance abuse is a heartbreaking problem facing families across West Virginia each and every day.

                With the help of the Governor’s Council on Substance Abuse, we’ve taken bold action to stop the production of meth and increase practice standards for pain clinics to ensure our residents are using prescription drugs responsibly.

                Over the past two years, we’ve worked together to draft legislation and approve new rules to regulate pain management clinics across the state. Since July, the Department of Health and Human Resources has inspected seven pain clinics. Three of those have been ordered to close and denied licensure for violation of these new standards.

                Our residents must have access to pain management treatment options but not at the expense of irresponsible prescription practices.

                I’m proud of the steps we have taken to curb this epidemic, but we must do more. As we continue our efforts to address the abuse of prescription medications, we must also be prepared to combat the increased availability of illegal street drugs. Today, heroin use is on the rise, and we must stop this lethal drug from ruining the lives of our citizens.

                This session, I will introduce legislation to help our state’s emergency responders and families facing drug abuse save the lives of those who abuse heroin. Naloxone is critical to countering the effects of a heroin overdose. By expanding access to this life-saving drug, we can prevent overdose deaths and give those suffering from substance abuse the opportunity to seek help, overcome their addiction and return to their families, work places and communities. (Applause)

                The communities we live in are more than just places where we put down roots, start a new business or watch our children grow. They are places we call home, and they must be places where we feel safe.

                In May, we announced a significant step toward reducing prison overcrowding and drug abuse. Since then, we’ve reinvested nearly $2.5 million in community-based substance abuse treatment and recovery services across the state.

                Tonight, I’m pleased to announce the investment of an additional $660 thousand to expand treatment options across the state including new intensive outpatient services in the Northern and Eastern Panhandles. (Applause)

                In 2013, we worked together to embrace the Justice Reinvestment Act and developed a research-based plan to rehabilitate those in our justice system. These reforms maximize our corrections dollars and lower the financial burden on our overextended prison system while protecting our state’s finances.

                Through our landmark justice reinvestment efforts, we’ve learned data-driven programs do work. Most of our efforts have focused on addressing our adult corrections system, but we also must do everything we can to meet the needs of our youth.

                We must do more to keep our kids out of the courtroom and in the classroom. (Applause)Between 1997 and 2011, West Virginia saw the largest percentage increase in youth confinements of any state in the country. This June, with bipartisan support from every level of our three branches of government, we embarked on a comprehensive review of our juvenile justice system.

                This task force, including law enforcement, prosecutors, public defenders, faith-based representatives and West Virginia families, looked at evidence-based programs and identified best practices that make the most sense for West Virginia. We must take action to create a smarter, more effective system for our children.

                Tonight, I’m announcing legislation to reform our state’s juvenile justice system. It will establish truancy diversion specialists in all 55 counties and increase the use of community-based services to help families mend and get our kids back on track. (Applause) We will also increase the number of youth reporting centers across the state to produce better outcomes for children and their families by getting them the help they need.

                At a cost of $4.5 million, this legislation is projected to reduce the number of DHHR residential placements and Division of Juvenile Services commitments by at least 40 percent over the next 5 years and will save taxpayers $59 million. (Applause)

                We are also strengthening the West Virginia National Guard’s incredibly successful Mountaineer ChalleNGe Academy. Since the Academy was established in 1993, nearly 3,000 teens have graduated and gone on to be positive influences in their communities. This December, 131 cadets graduated from the Academy.

                Of the new graduates, 16 percent are pursuing their college degree with the help of PROMISE scholarships, 26 percent are receiving training at one of our state’s vocational schools, 24 percent have chosen military careers and the rest have successfully completed training programs to enter our workforce. (Applause)

                The ChalleNGe Academy is making a difference in the lives of at-risk kids across the state. And tonight, we welcome two graduates whose experiences will inspire other young West Virginians to follow their lead.

                After graduating from the Academy in 1999, Michael Ayersman joined the United States Army. After serving his country as a combat engineer and bomb technician, Michael returned home to serve his fellow West Virginians as a law enforcement officer. In 2013, he returned to the Academy – this time as a squad leader mentoring new cadets.

                Just last month, Ryan Bass stood with his fellow cadets as a new graduate and member of the 43rd Mountaineer ChalleNGe Academy class. Ryan plans to join the West Virginia National Guard and continue his education.

                Michael and Ryan, please stand so we may congratulate you on your achievements. (Applause, members standing in ovation)

                As we expand opportunities for our kids to succeed, child welfare reforms are critical to keeping our children safe at home. With this in mind, I’ve directed the Department of Health and Human Resources to work together with Workforce West Virginia to help parents find stable employment to support their families.

                We can make a difference in the lives of our state’s children, and together, we can accomplish these life-changing and meaningful reforms.

                This legislative session, I challenge those of us gathered in this chamber and West Virginians across the state to come together. We must set aside our political differences, and stand united, as West Virginians for the greater good.

                Tonight, I’m proud to welcome two West Virginia law enforcement heroes who personify what it means to put the welfare of others above themselves.

                Two weeks ago, Lewisburg Police Lieutenant Jeromy Dove, Corporal Mike Arbaugh and Patrolman Nicholas Sams responded to what seemed to be a routine traffic stop. As they approached the stopped vehicle, Lieutenant Dove and Patrolman Sams were shot in the line of duty.

                Across the state, dedicated officers like Lieutenant Dove and Patrolman Sams, answer the call to protect and serve, putting the safety and wellbeing of their fellow West Virginians first. This week, Lieutenant Dove, Corporal Arbaugh and Patrolman Sams put on their uniforms and returned to work.

                Lieutenant Dove and Patrolman Sams, please stand so we may thank you for your service and thank you for the commitment you – and West Virginia’s law enforcement community – demonstrate each and every day. (Applause)

                Just as these two brothers in blue have taught us, we all are part of something much bigger. Among the mountains we call home, we are charting a new path – one built on collaboration and mutual respect – and one that places our state and her people, first.

                I’m proud of the work we’ve done. I’m proud of the progress we’ve made and I’m confident that we can continue to move West Virginia forward, together.

                Tonight, we are more than just Democrats and Republicans. We are, and will forever be, West Virginians.

                Thank you.

                God bless you, God bless your families and God bless the state we call home.

              (Applause, members and guests rising in ovation)

            At the conclusion of the address, His Excellency, the Governor, accompanied by the committee of escort, retired from the Hall of the House of Delegates.

            The Doorkeeper escorted the invited guests from the Chamber.

            The members of the Senate retired to their Chamber, and the Speaker declared the Joint Assembly dissolved.

            The Speaker then called the House of Delegates to order and laid the following communication from His Excellency, the Governor before the House:

State of West Virginia

OFFICE OF THE GOVERNOR

Charleston, WV 25305

January 14, 2015

 

Executive Message No. 1

The Honorable Tim Armstead, Speaker

West Virginia House of Delegates

Charleston, West Virginia 25305

Dear Mr. Speaker:

            I herewith submit, pursuant to the Constitution of the State of West Virginia, a budget and budget bill for the fiscal year beginning July 1, 2015.

                                                                                    With warmest regards,

                                                                                    Earl Ray Tomblin,

                                                                                        Governor.

            Whereupon,

            In compliance with Subdivision (4), Subsection B, Section 51, Article VI of the Constitution, the Speaker introduced the following bill, which was read by its title and referred to the Committee on Finance:

            By Mr. Speaker, Mr. Armstead, and Delegate Miley:

            H. B. 2016 - “A Bill making appropriations of public money out of the Treasury in accordance with Section 51, Article VI of the Constitution.”

            Accompanying the Budget Bill was a document showing estimates of revenue, expenditures, etc., as required by Section 51, Article VI of the Constitution.

            At 7:48 p.m., on motion of Delegate Cowles, the House of Delegates adjourned until 11:00 a.m., Thursday, January 15, 2015.