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Thursday, February 5, 2015

TWENTY-THIRD DAY

[Mr. Speaker, Mr. Armstead, in the Chair]

            The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Tim Armstead, Speaker.

            Prayer was offered and the House was led in recitation of the Pledge of Allegiance.

            The Clerk proceeded to read the Journal of Wednesday, February 4, 2015, being the first order of business, when the further reading thereof was dispensed with and the same approved.

            Delegate Fast asked and obtained unanimous consent that he be removed as a cosponsor of Com. Sub. for H. B. 2011, Relating to disbursements from the Workers’ Compensation Fund where an injury is self inflicted or intentionally caused by the employer.

Committee Reports

            Chairman McCuskey, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:

            Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 4^th day of February, 2015, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:

            (S. B. 3), Relating to real property possessor’s liability for trespasser harm.

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

            Your Committee on Government Organization has had under consideration:

            H. B. 2317, Alcohol Beverage Control Commission, nonintoxicating beer licensing and operations procedures,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 2317) was referred to the Committee on the Judiciary.

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

            Your Committee on Government Organization has had under consideration:

            H. B. 2316, Alcohol Beverage Control Commission, private club licensing,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 2316) was referred to the Committee on the Judiciary.

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

            Your Committee on Government Organization has had under consideration:

             H. B. 2576, Creating new code sections which separate the executive departments,

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

            Delegate Nelson, Chair of the Committee on Veterans’ Affairs and Homeland Security, submitted the following report, which was received:

            Your Committee on Veterans’ Affairs and Homeland Security has had under consideration:

            H. B. 2098, Authorizing those health care professionals to provide services to patients or residents of state-run veterans’ facilities without obtaining an authorization to practice,

            And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Heath and Human Resources.

            In accordance with the former direction of the Speaker, the bill (H. B. 2098) was referred to the Committee on Health and Human Resources.

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

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

            H. B. 2326, Division of Forestry, relating to ginseng,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 2326) was referred to the Committee on the Judiciary.

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

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

            H. B. 2344, Division of Natural Resources, commercial whitewater outfitters,

            H. B. 2345, Division of Natural Resources, wildlife damage control agents,

            H. B. 2346, Division of Natural Resources, general hunting,

            And,

            H. B. 2295, Division of Natural Resources, relating to special boating,

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

            In accordance with the former direction of the Speaker, the bills (H. B. 2344, H. B. 2345, H. B. 2346 and H. B. 2295) were each referred to the Committee on the Judiciary.

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

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

            H. B. 2297, Division of Natural Resources, lifetime hunting, trapping and fishing licenses,

            And,

            H. B. 2298, Division of Natural Resources, hunting, trapping and fishing license and stamp fees,

            And reports the same back without recommendation as to their passage, but that they first be referred to the Committee on the Judiciary.

            In accordance with the former direction of the Speaker, the bill (H. B. 2297 and H. B. 2298) was referred to the Committee on the Judiciary.

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

            Your Committee on the Judiciary has had under consideration:

            H. B. 2224, Providing that historical reenactors are not violating the provision prohibiting unlawful military organizations,

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

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

            Your Committee on Government Organization has had under consideration:

            H. B. 2359, State Police, regulations and procedures pertaining to the West Virginia DNA databank,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 2359) was referred to the Committee on the Judiciary.

            Delegate E. Nelson, Chair of the Committee on Finance, submitted the following report, which was received:

            Your Committee on Finance has had under consideration:

            H. B. 2005, Relating to alternative programs for the education of teachers,

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

            Com. Sub. for H. B. 2005 - “A Bill to amend and reenact §18A-3-1, §18A-3-1a, §18A-3-1b and §18A-3-2a of the Code of West Virginia, 1931, as amended, and to amend said code by adding thereto seven new sections, designated §18A-3-1c, §18A-3-1d, §18A-3-1e, §18A-3-1f, §18A-3-1g, §18A-3-1h and §18A-3-1i, all relating to revising, reorganizing and clarifying provisions regarding teacher certifications, including standard certifications, alternative certifications and certifications for out-of-state teachers; expanding criteria upon which a teacher’s certificate may be awarded to a teacher from another state; defining terms relating to alternative programs for the education of teachers; authorizing certain partnerships or sole providers to provide alternative certification programs; modifying entities eligible to deliver alternative programs; specifying permissible partners; requiring partnership agreements or single provider plans and specifying necessary contents; requiring or authorizing approval by state board of education under certain circumstances; modifying and specifying criteria and components required for alternative certification program delivery; specifying certain required components of alternative certification program; specifying eligibility criteria for alternative certification program teacher candidate; providing for professional support team to participate in alternative program delivery and specifying responsibilities; modifying the charges which may be imposed for alternative program participation or delivery; specifying required and prohibited acts by certain entities; requiring continued contract renewal of participating program teacher and continued delivery of alternative certification program under certain circumstances and providing exception; providing for evaluation of and recommendation regarding award of professional teaching certificate for alternative program teacher; authorizing appeal of recommendation under certain circumstances; expanding program fields and conditions in which an alternative program teacher may be employed; removing preference among certain applicants when considering applicants for alternative teacher programs; modifying provisions for alternative program teacher to attain professional teaching certificate; expanding institutions from which professional teaching certificate candidates may have graduated; providing guidelines for alternative programs for certain highly qualified special education teachers; providing for certification under certain circumstances of teachers educated or certified in other states; expanding criteria upon which a teacher’s certificate may be awarded to teachers; removing references to internship programs; and requiring legislative rule promulgation by state board,”

            And,

            H. B. 2223, Including consumer credit sales that are secured by a mortgage, deed of trust or other equivalent consensual security interest on a dwelling or residential real estate in the definitions of “primary mortgage loan”and “subordinate mortgage loan”,

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

            Com. Sub. for H. B. 2223 - “A Bill to amend and reenact §31-17-1 and §31-17-8 of the Code of West Virginia, 1931, as amended, all relating to mortgage loans subject to the West Virginia Residential Mortgage Lender, Broker and Servicer Act; including certain consumer credit sales in the definitions of ‘primary mortgage loan’ and ‘subordinate mortgage loan’; defining ‘consumer credit sale’; and providing an exception to certain provisions of the Act for certain loan modifications or refinancing loans,”

            With the recommendation that the committee substitutes each do pass.

Messages from the Executive

            Mr. Speaker, Mr. Armstead, presented a communication from His Excellency, the Governor, advising that on February 4, 2015, he approved Com. Sub. for S. B. 280.

Messages from the Senate

            A message from the Senate, by

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

            Com. Sub. for S. B. 284 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-7-16, relating to dangerous weapons generally; requiring certification of responsible persons seeking federal authorization to possess certain firearms by a chief law enforcement officer when person is not legally proscribed therefrom; clarifying what criteria may be considered when certification is sought from law enforcement that applicant is not prohibited from securing or possessing firearms covered by the National Firearms Act; defining terms; and allowing circuit court appeals or adverse decisions”; which was referred to the Committee on the Judiciary.

            A message from the Senate, by

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

            S. B. 312 - “A Bill to amend and reenact §3-8-7 of the Code of West Virginia, 1931, as amended, relating to disqualification of nominees for general election due to failure to file campaign finance statements”; which was referred to the Committee on the Judiciary.

            A message from the Senate, by

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

            S. B. 322 - “A Bill to amend and reenact §3-4A-28 of the Code of West Virginia, 1931, as amended, relating to removing unnecessary requirement of mandatory electronic recount of ballots in recounts”; which was referred to the Committee on the Judiciary.

            A message from the Senate, by

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

            Com. Sub. for S. B. 323 - “A Bill to amend and reenact §8-1-5a of the Code of West Virginia, 1931, as amended, relating to extending home rule to all Class I, II and III municipalities; providing that the Municipal Home Rule Board will terminate five years after enactment of statute unless extended; making an increasing number of Class IV municipalities eligible to participate in the Home Rule Pilot Program; amending powers and duties of the Municipal Home Rule Board; amending requirements for enactment of ordinances, acts, resolutions, rules or regulations by municipalities participating in the Home Rule Pilot Program; and eliminating requirement for the performance review of the Home Rule Pilot Project”; which was referred to the Committee on Government Organization then Finance.

            A message from the Senate, by

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

            S. B. 326 - “A Bill to amend and reenact §3-8-2 of the Code of West Virginia, 1931, as amended, relating to campaign finance reports for candidates for delegate to a national party convention”; which was referred to the Committee on the Judiciary.

Resolutions Introduced

            Delegates R. Phillips, Marcum and Eldridge offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            H. C. R. 41 - “Requesting the Division of Highways to name the bridge from State Route 10 at State Route 10/12 to Mallory Hill Road bridge number 23-10/12-0.01 (23A316) (37.73065, -81.83793), carrying CR 10/12 over Huff Creek in Logan County, the ‘PFC Donald Ray Cochran Memorial Bridge’.”

            Whereas, Donald Ray Cochran was born December 27, 1926, at Mallory, West Virginia, the son of Millard Cochran and Garnett Walls Cochran. He graduated from Man High School Class of 1944, and worked for Powellton Coal Company at Rock House on the engineering crew until he was drafted into the United States Army in 1950. He was killed in action in North Korea May 25, 1951. His remains were shipped home for burial in December 1951, to Forrest Lawn Cemetery at Pecks Mill, West Virginia; and

            Whereas, Naming the bridge from State Route 10 at State Route 10/12 to Mallory Hill Road bridge number 23-10/12-0.01 (23A316) (37.73065, -81.83793), carrying CR 10/12 over Huff Creek in Logan County, the “PFC Donald Ray Cochran Memorial Bridge” is an appropriate recognition of his contributions and his supreme sacrifice to his country, state, community and Logan County; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the bridge from State Route 10 at State Route 10/12 to Mallory Hill Road bridge number 23-10/12-0.01 (23A316) (37.73065, -81.83793), carrying CR 10/12 over Huff Creek in Logan County, the “PFC Donald Ray Cochran Memorial Bridge”; and, be it

            Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the “PFC Donald Ray Cochran Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation and the surviving relatives of Donald Ray Cochran.

            Delegates Rowe, Mr. Speaker, Mr. Armstead, Guthrie, Pushkin, Byrd, McCuskey, Moore, Hornbuckle, B. White, Upson and Shott offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            H. C. R. 42 - “Requesting the Division of Highways to identify bridge number 20-77-95.81 (20A643), locally known as the interstate bridge over Campbells Creek, carrying Interstate 77 northbound and southbound lanes over US Route 60 west bound lane and the Norfolk and Southern Railroad, in Kanawha County, as being located at the ‘Boyhood Home of Booker T. Washington’”.

            Whereas, Booker T. Washington was born a slave on a farm in Franklin County, Virginia in the year 1856; and

            Whereas, Booker T. Washington is recognized as one of America’s great educators, statesmen, authors and orators for his leadership for ten million African Americans who continued to struggle after the Civil War into the twentieth century; and

            Whereas, Booker T. Washington’s formative years were in Malden, Kanawha County, West Virginia from age nine until he was twenty-five years old, at which time he started Tuskegee Institute in Alabama, building the Institute into America’s most prominent educational institution for African Americans; and

            Whereas, Booker T. Washington attended Hampton Institute in Virginia and returned to teach school in Malden where he observed freed slave families, including his own family, succeeding in an integrated community with valuable education and equal compensation for work unlike in many areas in the Old South; and

            Whereas, Booker T. Washington published his autobiographical classic, Up From Slavery in 1900. The book has been recognized as the third best nonfiction book written in America in the twentieth century and details his great public career where he was one of the nation’s first celebrities regularly touring to speak to thousands of Americans, black and white, about his success as a freed slave positing the best of the American Dream, for a degraded people to have their families succeed, when they have equal opportunity for education and fairly compensated work, just as he experienced in Malden, West Virginia; and

            Whereas, Booker T. Washington’s first family home was on property owned by Lewis Ruffner at the mouth of Campbells Creek, now known as Port Amherst on the Great Kanawha River near Malden, West Virginia; and

            Whereas, Booker T. Washington died one hundred years ago on November 14, 1915, at fifty-nine years of age; and

            Whereas, Booker T. Washington is one of West Virginia’s most enduring national celebrities; and

            Whereas, It is proper that the historical significance of the area as the site of Booker T. Washington’s first family home be recognized; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to identify bridge number 20-77-95.81 (20A643), locally known as the interstate bridge over Campbells Creek carrying Interstate 77 northbound and southbound lanes over US Route 60 west bound lane, and the Norfolk and Southern Railroad, in Kanawha County, as being located at the “Boyhood Home of Booker T. Washington”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge as being located at the “Boyhood Home of Booker T. Washington”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways, the Booker T. Washington Family Association, the Ruffner Family Association, and the Kanawha Valley Historical and Preservation Society.

            Delegates J. Nelson, McGeehan, Folk, Faircloth, Moffatt, Hill, Kessinger, Shott, Gearheart, R. Smith and Sobonya offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 43 - “Urging Congress to require an audit of the Federal Reserve System.”

            Be it

            Resolved by the Legislature of West Virginia:

            That the United States Congress is hereby urged to pass legislation to require an audit of the United States Federal Reserve System; and

            Further Resolved, That all members of West Virginia’s congressional delegation are requested to support this legislation and to vote for its passage.

            Delegates Rowan, Cowles, Butler, Eldridge, Ferro, Fluharty, Hamrick, Hartman, Kelly, Longstreth, Manchin, J. Nelson, Rohrbach, Romine, Skinner, Sponaugle, Trecost, B. White, H. White and Zatezalo offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            H. C. R. 44 - “Requesting the Division of Highways to name the section of County Route 45/20, known as Coldstream Road, beginning at a point, latitude 39.336997, longitude -78.494499 and ending a point, latitude 39.349509, longitude -78.511901, along the North River, Hiett Run and Maple Run, in Hampshire County, the ‘North River Mills Historic Trace’.”

            Whereas, The North River Mills Historic Trace memorializes the rich history of one of Hampshire County’s oldest communities which is associated with several noteworthy individuals. These include:

            George Washington who surveyed land for Thomas Parker beside the proposed Trace and who later traveled along part of the Trace while commanding the forts of the Virginia frontier during the French and Indian War;

            Dr. James Craik, George Washington’s friend and personal physician and surgeon of the Virginia Regiment during the French and Indian War, who was granted the spring tract on both sides of the Great Wagon Road part of which was along the Trace;

            Ensign Rees Pritchard, descendant of Welsh ancestors who came to America to make a home for themselves and their extended family. Rees Pritchard at one time owned most of the land along the Trace;

            Gustavus Croston was a soldier in the American Revolution who served at Valley Forge and after his first enlistment expired signed up “for and during the War”. In other words he committed to serve until the war was won. He is buried very near the Trace which runs through land he owned; and

            Whereas, These are but four of the many colonial era men and women who came to this area, settled on land, some of which was surveyed by George Washington, suffered the deprecations of the French and Indian War while Colonel Washington’s Virginia Regiment tried desperately to protect the settlers, rebuilt their lives after the war and, in some cases, served in the war that won our independence; and

            Whereas, Dr. James Craik was born at Orbigland County Kirkcudbright, Scotland, in 1730 and died at “Vaucluse”, Fairfax County, Virginia, on February 6, 1814. He graduated in medicine from the University of Edinburgh and then emigrated to the West Indies about 1750 and subsequently moved to Virginia; and

            Whereas, Dr. James Craik entered the Virginia Regiment (formed to fight during the French and Indian War) as surgeon on March 7, 1754, and was made Ensign May 23, 1754. He held the rank of Lieutenant by July 1754, which rank he held until the regiment disbanded in 1762. Dr. Craik was at the Battle of Fort Necessity and accompanied the Braddock campaign. After the war he accompanied George Washington on his trip west in 1770 that brought him back to Hampshire County; and

            Whereas, In 1760, Dr. Craik married Marianne Ewell, the daughter of Colonel Charles Ewell and his wife, Sarah Conway. George Washington’s mother was Sarah Conway’s half sister; and

            Whereas, Dr. Craik served with General Washington in the Revolutionary War. He was given the position of Chief Physician and Surgeon of the Continental Army. After the Revolution, he settled near Mount Vernon and continued his personal and professional relationship with General Washington. He was one of the attending physicians during Washington’s last illness; and

            Whereas, Because of his relationship with George Washington, who surveyed many tracts in Hampshire County, and his experience on the frontier during the French and Indian War, Dr. Craik, like Washington, was well aware of the value of western lands. Beginning in 1760 Dr. Craik acquired several parcels of land around North River Mills in Hampshire County. He had secured two plots along the Great Wagon Road from Winchester to Romney not far from the crossing of the North River. One of the parcels lying along Parker’s Run (now Hiett Run) was noted for a good spring that to this day is named for him as first grantee although the name was locally misspelled as “Craig” Spring. A third tract was across the river not far from the Great Wagon Road. This road had been the major western artery in the central colonies during Virginia’s battle to stop French encroachments onto British claimed territory and would later serve to take many settlers west as the frontier made it relentless move westward; and

            Whereas, Dr. Craik exemplifies the colonial settler who arrived in America with an important skill and great determination to make a life for himself in this new land. He served in the two wars that determined the fate of North America and established the United States of America. His extensive personal and professional relationships and his broad travels placed him in a position to make a lasting contribution to the building of our great country. It is appropriate that he be remembered along the road that traverses some of the property he once owned; and

            Whereas, Ensign Rees Pritchard was a descendant of a Welsh family, several of whom had come to Hampshire County from Chester County, Pennsylvania. Reese was born in 1744 the son of Samuel Pritchard who lived on North River. George Washington spent a night with Samuel Pritchard on North River during his journey to inspect western lands in the fall of 1770. The Pritchards were apparently individuals of some means as they became large landowners in Hampshire County; and

            Whereas, The family apparently stayed in Hampshire County during the French and Indian War as Samuel entered a claim for damages done during the war. The claim was filed on February 20, 1759; and

            Whereas, Rees Pritchard entered the Continental Army in February 1776 and on March 12, 1776, was commissioned as Ensign in Captain Abel Westfall’s Company of the 8^th Virginia Regiment commanded by Co. Peter Mulenburg. He marched from Romney in Hampshire County to Charleston, South Carolina, where he was engaged in the Battle of Sullivans Island, June 21-29, 1776; and

            Whereas, Upon his return to Hampshire County, Rees Pritchard married and had one son. He continued to amass land around the North River at two different locations, and between 1786 and 1790 he was authorized by the Virginia Assembly to operate a ferry across the North River. Some of the land had originally been surveyed by George Washington and granted by Lord Fairfax to Thomas Parker; and

            Whereas, It is not known exactly what the financial depressions and panics experienced every few years during the formative years of our nation had upon Rees Pritchard’s situation, but by 1800 he had sold most of his land. It also seems that his wife died sometime in the early 1800s. In any case, Mr. Pritchard, like many Revolutionary War veterans, filed for a pension on the twenty-first day of July, 1819, and received a certificate of Pension Number 12545. He was dropped under Act May 1, 1820, and then was reinstated April 25, 1822. The application states “that in consequence of old age and the rheumatism he is unable to pursue any profession or occupation in order to produce a support”. He died in relative obscurity on September 25, 1830, in Morgan County; and

            Whereas, Rees Pritchard was one of the many early settlers who came to America in community groups and continued to move westward with family members. He served in the Continental Army helping to win America’s independence. After his service he became a large landowner, and he engaged in the ferry business allowing his land to be used as a transportation artery helping move people and goods around the growing frontier. Like so many individuals who had given so much to their country, he suffered from the financial problems of the growing, new country, and eventually he had to sell most all of his land to pay debts. The establishment of the North River Mills Historic Trace through property once owned by Rees Pritchard will help future generations remember what our forebears went through to build the county we now know; and

            Whereas, Gustavus Travis Croston enlisted at Newport, Maryland, to fight for America’s independence. On the first of March, 1777, he was recruited into the First Virginia State Regiment. That July the Regiment was transferred to the Continental line and sent north as part of the Philadelphia campaign under General George Washington. Mr. Croston spent the winter of 1777-1778 at Valley Forge in Captain Thomas Hamilton’s Company of Colonel George Gibson’s Regiment of Mulenburg’s Brigade; and

            Whereas, Before Gustavus Travis Croston’s three-year term expired, the First Virginia Regiment was called back to Virginia. When his first enlistment ended, he reenlisted at Alexandra, Virginia, “for and during the war”. This meant that he volunteered to serve until the war ended; and

            Whereas, Gustavus Travis Croston’s company was marched south as part of the campaign against General Cornwallis. He served in the Battle of Hobkirk Hill near Camden, South Carolina, on April 25, 1781, and at the siege of Ninety-Six from May 22, 1781, to June 19, 1781. He was taken prisoner at Ninety-Six and remained interred until the defeat of General Cornwallis at Yorktown on October 19, 1781. Because he was a prisoner of war for the conflict’s last months, it appears that he never received pay for that period nor did he receive a proper discharge; and

            Whereas, By 1787 Gustavus Travis Croston appears in Hampshire County, being listed on that year’s census tax lists. On October 17, 1796, he received a grant from the Commonwealth for fifty acres of land adjoining Rees Pritchard (another Revolutionary War veteran) near North River Mills. He acquired other land, but there were title difficulties involving one of the area’s most prominent landowners; and

            Whereas, By 1818 Gustavus Travis Croston applied for a pension. He was granted a pension due to his failing health and inability to work and his financial need; and

            Whereas, Gustavus Travis Croston died June 3, 1839. His grave is in the quiet woods on his land near the place where Maple Run empties into the North River just west of North River Mills; and

            Whereas, Gustavus Travis Croston should be remembered as a symbol of those individuals without wealth or property who stepped forward to fight for America’s independence and who later built a life for themselves and their families in the newly formed United States of America. It is appropriate that he be memorialized at the location where he settled and built that new life; and

            Whereas, The community that developed where the Great Wagon Road crosses the North River did not come to be known as North River Mills until the nineteenth century where mills were constructed at this convenient location. By this time the Northwestern Turnpike had been constructed as part of Virginia’s plan to establish a major highway from the tidewater to the Ohio River. The route chosen for this new road did not come through North River Mills, and so the area began to decline in importance; and

            Whereas, The history of the area has been kept alive by local residents who appreciate the part this little village on the major road west from northern Virginia played in the development of Hampshire County and the entire area. It survived the deprecations of the French and Indian War that opened the way for British/American expansion westward, and it continued through Pontiac’s War and our Revolutionary War. Eighty years later it suffered the ravages of the Civil War when families were split and life savings lost; and

            Whereas, It is fitting and proper that North River Mills Historic Trace should be recognized to help memorialize this important part of West Virginia’s rich history so that later generations may remember the foundations upon which our freedom and lifestyle are built; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the section of County Route 45/20, known as Coldstream Road, beginning at a point, latitude 39.336997, longitude -78.494499 and ending a point, latitude 39.349509, longitude -78.511901, along the North River, Hiett Run and Maple Run, in Hampshire County, the “North River Mills Historic Trace”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the designated highway containing bold and prominent letters proclaiming that portion of the road be named the “North River Mills Historic Trace”; and, be it

            Further Resolved, That the Clerk of the House is hereby directed to forward a certified copy of this resolution to the Secretary of Transportation, the Commissioner of Highways, and Charles C. Hall of Historic Hampshire County, West Virginia.

Bills Introduced

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

By Delegates Upson, Espinosa, Blair, Hamrick, Zatezalo, Rowan, Cooper, Ambler, R. Phillips, Marcum and H. White:

            H. B. 2610 - “A Bill to amend and reenact §61-7-4 of the Code of West Virginia, 1931, as amended, relating to making applications, permits, and renewal applications for carrying a concealed weapon not subject to public disclosure”; to the Committee on the Judiciary.

By Delegates Perdue, Hamilton, Morgan, Rowe, Rohrbach, Pushkin, Guthrie, Miley, Anderson, Boggs and Border:

            H. B. 2611 - “A Bill to repeal §60A-10-5, §60A-10-6, §60A-10-8 and §60A-10-11 of the Code of West Virginia, 1931, as amended; to amend and reenact §60A-2-210 and §60A-2-212 of said code; and to amend and reenact §60A-10-2, §60A-10-3, §60A-10-4 and §60A-10-7; all relating to controlling methamphetamine; requiring certain drug products be obtained by prescription only; moving certain drug products from schedule V to schedule IV; providing an exception for drug products that cannot be feasibly converted into methamphetamine; defining terms; prohibiting pharmacies from selling certain drugs that can be used in the production of methamphetamine without a prescription; creating a criminal offense for possession of certain substances without a prescription with intent to transfer to another to make methamphetamine; permitting the sale of certain drugs without a prescription; removing the requirements of the Multi-State Real-Time Tracking System; removing outdated language; providing criminal penalties; and providing rule-making authority”; to the Committee on Health and Human Resources then the Judiciary.

By Mr. Speaker, Mr. Armstead

            [By Request of the Executive]:

            H. B. 2612 - “A Bill to repeal §31-18D-1, §31-18D-2, §31-18D-3, §31-18D-4, §31-18D-5, §31-18D-6, §31-18D-7, §31-18D-8, §31-18D-9, §31-18D-10, §31-18D-11, §31-18D-12, §31-18D-13, and §31-18D-14 of the Code of West Virginia, 1931, as amended; to amend and reenact §11-15-4c of said code; to amend and reenact §11-22-2 of said code; to amend and reenact §31-18-3, §31-18-6, and §31-18-22 of said code; and to amend said code by adding thereto a new section, designated §31-18-20d, all relating to the transfer of certain powers and programs of the West Virginia Affordable Housing Trust Fund to the West Virginia Housing Development Fund; eliminating the West Virginia Affordable Housing Trust Fund and the West Virginia Affordable Housing Trust Fund Board of Directors; creating Affordable Housing Fund of the West Virginia Housing Development Fund and providing for uses therefor; providing for assessment of fee on all sales by licensed dealers of factory-built homes to be deposited in Affordable Housing Fund of the West Virginia Housing Development Fund; providing for assessment of fee upon the privilege of transferring real estate for consideration to be deposited in the Affordable Housing Fund of the West Virginia Housing Development Fund; defining Affordable Housing Fund; authorizing West Virginia Housing Development Fund to provide funding to increase the capacity of nonprofit community housing organizations; providing for uses of funds in Affordable Housing Fund; and providing for disposition of Affordable Housing Fund in the event of termination or dissolution of West Virginia Housing Development Fund”; to the Committee on Finance.

By Delegates Ellington, Householder, Bates, Howell, Pasdon and Rowan:

            H. B. 2613 - “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, §16-46-8 and §16-46-9, all relating to requiring background checks for individuals who have direct access to residents, members or beneficiaries of covered providers or covered contractors participating in the West Virginia Clearance for Access: Registry and Employment Screening program; providing a short title; defining terms; requiring the Secretary of the Department of Health and Human Resources to develop a plan and a program for conducting background checks; requiring a centralized database to maintain criminal history record information and results; establishing a prescreening process conducted by covered providers and covered contractors; requiring applicants to provide fingerprints and undergo a criminal background check; establishing procedures and criteria for obtaining and reviewing criminal history record information; establishing criteria for approving applicants for employment; authorizing contractors and fees; creating a special revenue account for administrative fees; providing for protests of the secretary’s decisions and permitting variances; creating exceptions; authorizing legislative rules; providing monetary penalties; and providing for civil and criminal immunity”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Ellington, Householder, Storch, Ashley, Perdue, Boggs, Morgan, Espinosa and Campbell:

            H. B. 2614 - “A Bill to amend and reenact §11-27-38 of the Code of West Virginia, 1931, as amended, relating generally to health care provider taxes; modifying the expiration date for tax rate on eligible acute care hospitals; changing the tax rate on eligible acute care hospitals; and providing for disbursement of any funds remaining in the Eligible Acute Care Provider Enhancement Account”; to the Committee on Health and Human Resources then Finance.

By Delegate Lane:

            H. B. 2615 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §32-5-501, §32-5-502, §32-5-503 and §32-5-504, all relating to creating the West Virginia Small Business Capital Act; and exempting the offer and sale of certain securities from the Uniform Securities Act”; to the Committee on Small Business, Entrepreneurship and Economic Development then Finance.

By Delegate Hamrick

            [By Request of the Division of Motor Vehicles]:

            H. B. 2616 - “A Bill to amend and reenact §17A-6E-4 of the Code of West Virginia, 1931, as amended, relating to motor vehicle salesperson licenses; and changing the criteria for which the Division of Motor Vehicles must deny issuance of the license”; to the Committee on Roads and Transportation then the Judiciary.

By Delegates Kurcaba, Statler, McGeehan, Folk, Moffatt, Pasdon, Zatezalo, Ashley, Wagner and E. Nelson:

            H. B. 2617 - “A Bill to amend and reenact §18C-7-6 of the Code of West Virginia, 1931, as amended, relating to lengthening the residency requirement necessary to be eligible for the PROMISE Scholarship”; to the Committee on Education then Finance.

By Delegates Guthrie, L. Phillips, Eldridge, Romine and Ambler:

            H. B. 2618 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-14-1, §15-14-2, §15-14-3, §15-14-4, §15-14-5, §15-14-6, §15-14-7, §15-14-8, §15-14-9, §15-14-10 and §15-14-11, all relating to creating a State Animal Abuse Registry; defining terms; creating a registry of all persons convicted of animal abuse; requiring all persons convicted of animal abuse to register; setting forth the information to be provided when registering; requiring a registrant to pay a fee; creating the Central Abuse Registry Fund; determining how the money in the fund will be used; requiring the registry information to be public; providing an exception from being required to register; setting forth duties of animal breeders, animal shelters and pet stores; and providing criminal penalties”; to the Committee on the Judiciary.

By Delegates McGeehan, Azinger, Kurcaba, Weld, Ihle, Kessinger, J. Nelson, Canterbury, Hamrick and Moffatt:

            H. B. 2619 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-7-16, relating to dangerous weapons; when a chief law-enforcement officer is required to certify the transfer or making of certain firearms; providing definitions; and right of appeal if request for certification is denied”; to the Committee on the Judiciary.

By Delegates E. Nelson, Howell, Miller, Border, Shott, Kurcaba, Moffatt, Westfall, McCuskey, Gearheart and Espinosa:

            H. B. 2620 - “A Bill to amend and reenact §5-10-2 of the Code of West Virginia, 1931, as amended, relating to definitions used in the Public Employees Retirement System; redefining the term final average salary for new enrollees to the average salary received in the highest ten years of service, rather than the current three”; to the Committee on Pensions and Retirement then Finance.

By Delegates Espinosa and Walters:

            H. B. 2621 - “A Bill to amend and reenact §17A-4A-15 of the Code of West Virginia, 1931, as amended, relating to liens on vehicles; expanding the period of time during which a recorded lien on a vehicle is valid; expanding the period of time during which a refiled lien on a vehicle is valid; and clarifying that the lienholder may refile a lien or encumbrance without obtaining the owner’s consent”; to the Committee on Roads and Transportation then the Judiciary.

By Delegates Kurcaba, Hill, Householder, R. Smith, Espinosa, Moffatt, Pasdon, Ashley, Wagner, E. Nelson and Cadle:

            H. B. 2622 - “A Bill to amend and reenact §11-21-12a of the Code of West Virginia, 1931, as amended, and to amend and reenact §18-30-9 of said code, all relating to deductions from personal income tax for contributions to state-administered prepaid college tuition contracts or college savings plans; and limiting the deductions to contributions made for beneficiaries who are eighteen years of age or younger”; to the Committee on Finance.

By Delegates Caputo, Williams, Eldridge, H. White, Pushkin, Guthrie, Longstreth, Ferro, Manchin, Walters and Miley:

            H. B. 2623 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-25b, relating to establishing guidelines and materials to inform and educate students, parents and coaches about the nature and warning signs of sudden cardiac arrest; and requiring training for coaches and penalties for coaches who fail to complete training”; to the Committee on Education then Health and Human Resources.

By Delegates Howell, Moffatt, Canterbury, A. Evans, Blair, Statler, Kurcaba, Cadle, Cooper, Ihle and Walters:

            H. B. 2624 - “A Bill to amend and reenact §3-2-4, §3-2-11, §3-2-16 and §3-2-17 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §3-1-51, all relating to voter registration photo cards; requiring that voter registration cards contain a photograph of the person registered to vote and establishing procedures for creating and distributing voter registration photo cards”; to the Committee on the Judiciary.

By Delegates Ashley and Ireland:

            [By Request of the Department of Environmental Protection]:

            H. B. 2625 - “A Bill to amend and reenact §22-18-22 of the Code of West Virginia, 1931, as amended, relating to the Hazardous Waste Management Fee Fund, by extending its sunset provision from June 30, 2015 to June 30, 2020”; to the Committee on Government Organization then the Judiciary.

By Delegates Ashley and Ireland

            [By Request of the Department of Environmental Protection]:

            H. B. 2626 - “A Bill to amend and reenact §22-2-4 of the Code of West Virginia, 1931, as amended, relating to use of the Abandoned Land Reclamation Fund”; to the Committee on Finance.

By Delegates McCuskey, R. Phillips, R. Smith, J. Nelson, Stansbury, McGeehan, Eldridge, Arvon, H. White, Marcum and Butler:

            H. B. 2627 - “A Bill to amend and reenact §61-3-29 of the Code of West Virginia, 1931, as amended, relating to prohibiting damage to property of railroads, public utilities and certain production storage and distribution facilities; adding waste management facilities, storage facilities and timber operations to the protected parties; prohibiting destruction, damage or removal of property resulting in impairment to the normal, safe operation of those facilities; and providing criminal penalties”; to the Committee on Energy then the Judiciary.

By Delegates Rowe, Shott, Lane, Guthrie, Pushkin, Byrd, Manchin, Skinner, Deem, Lynch and B. White:

            H. B. 2628 - “A Bill to amend and reenact §3-5-7 of the Code of West Virginia, 1931, as amended, relating to filing announcements of candidacies; and changing the date of announcement to the first Monday after January 1”; to the Committee on the Judiciary.

By Delegate Faircloth:

            H. B. 2629 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13DD-1, relating to creating tax credits for small business economic impact”; to the Committee on Small Business, Entrepreneurship and Economic Development then Finance.

By Delegates Sponaugle, Perdue, Reynolds, Marcum, H. White, Campbell, Bates, R. Phillips, Hartman, Morgan and Pushkin:

            H. B. 2630 - “A Bill to repeal §11-21-22a of the Code of West Virginia, 1931, as amended; and to amend and reenact §11-21-22 and §11-21-22b of said code, all relating to personal income tax; creating the West Virginia Earned Income Tax Credit; and authorizing a refundable tax credit based upon the federal earned income tax credit”; to the Committee on Finance.

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

            [By Request of the Governor’s Office]:

            H. B. 2631 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-47-1, §16-47-2, §16-47-3, §16-47-4, §16-47-5 and §16-47-6, all relating to obtaining emergency medical assistance for persons who may be experiencing an alcohol or drug overdose; establishing short title; stating legislative findings; defining terms; providing immunity from prosecution in limited circumstances for persons who call for emergency medical assistance for a person who reasonably appears to be experiencing a drug or alcohol overdose; specifying actions that must be taken to be eligible for immunity from prosecution for certain misdemeanor offenses; providing that seeking emergency medical assistance may be raised as a mitigating factor at sentencing in certain criminal proceedings; clarifying that limited immunity does not preclude civil claims based on violation of misdemeanor criminal statutes at issue; providing option of limited immunity from prosecution, and deferred prosecution, pretrial diversion, adjudication in drug court, and other clemency options for prosecution to consider for persons who experienced a drug or alcohol overdose for whom emergency medical assistance was sought; allowing persons to plead guilty to certain exempted criminal offenses if desired; and providing limited civil immunity to law-enforcement officers except in cases of willful, wanton, and reckless misconduct in arresting or issuing citations”; to the Committee on Health and Human Resources then the Judiciary.

Daily Calendar

Third Reading

            Com. Sub. for H. B. 2128, Permitting those individuals who have been issued concealed weapons permits to keep loaded firearms in their motor vehicles on the State Capitol Complex grounds; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 36), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

            Absent and Not Voting: Marcum, Moore and O’Neal.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2128) passed.

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

            Com. Sub. for H. B. 2234, Requiring a court to permit a party in a divorce proceeding to resume using the name he or she used prior to the marriage; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 37), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent and Not Voting: Marcum and Moore.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2234) passed.

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

Second Reading

            Com. Sub. for H. B. 2004, Providing a procedure for the development of a state plan under section 111 of the Clean Air Act; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 2008, Auditing the Division of Highways; on second reading, coming up in regular order, was read a second time.

            At the request of Delegate Cowles, and by unanimous consent, the bill was advanced to third reading with restricted right to amend by Delegate E. Nelson, and the rule was suspended to permit the consideration of the amendment on that reading.

            Com. Sub. for H. B. 2151, Making the West Virginia state teacher of the year an ex officio, nonvoting member of the West Virginia Board of Education; on second reading, coming up in regular order, was read a second time.

             An amendment to the bill, offered by Delegate Reynolds, was reported by the Clerk on page three, section one, line twenty-five, following the period, by inserting the following:

            “For new appointments following the effective date of this provision, at least two members shall be a custodial parent of a child, that at the time of the members appointment, attends a public school under the jurisdiction of the state board.”

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

            To the point of order the Speaker replied, stating that the fundamental purpose of the bill relates to the makeup of the state’s school board. He further stated that while the bill did in fact relate to the addition of the nonvoting ex-officio members, there were changes throughout the bill relating to voting and nonvoting members, therefore, the Speaker ruled the amendment was germane to the fundamental purpose of the bill.

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

            The yeas and nays having been ordered, they were taken (Roll No. 38), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Statler.

            Absent and Not Voting: Marcum and Moore.

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

            The bill was then ordered to engrossment and third reading.

First ReadingCom. Sub. for H. B. 2011, Relating to disbursements from the Workers’ Compensation Fund where an injury is self inflicted or intentionally caused by the employer.

Leaves of Absence

            At the request of Delegate Cowles, and by unanimous consent, leaves of absence for the day were granted Delegates Marcum and Moore.

Miscellaneous Business

            The following Delegates have filed forms with the Clerk’s Office per House Rule 94b to be added as cosponsors of bills:

            Delegate Frich            H. B. 2496 

            Delegate Fast              H. B. 2447

            Delegate Longstreth   H. B. 2582

            Delegate Lynch          H. B. 2582

            Delegate Moffatt        H. B. 2573

            Delegate Summers     H. B. 2242 and H. B. 2450

Remarks by Members

            Delegate Morgan asked and obtained unanimous consent that the remarks of Delegate Reynolds regarding his amendment to Com. Sub. for H. B. 2151, Making the West Virginia state teacher of the year an ex officio, nonvoting member of the West Virginia Board of Education be printed in the Appendix to the Journal.

            Delegate Longstreth asked and obtained unanimous consent that the remarks of Delegate Caputo regarding labor issues be printed in the Appendix to the Journal.

            Delegate Reynolds asked and obtained unanimous consent that the remarks of Delegates Folk and Sponaugle regarding the amendment to Com. Sub. for H. B. 2151, Making the West Virginia state teacher of the year an ex officio, nonvoting member of the West Virginia Board of Education be printed in the Appendix to the Journal.

            Delegate R. Smith asked and obtained unanimous consent that the remarks of Delegate L. Phillips regarding jobs in Wyoming County be printed in the Appendix to the Journal.

            At 12:17 p.m., the House of Delegates adjourned until 11:00 a.m., Friday, February 6, 2015.