Eighty-second Legislature

First Regular Session

Held at Charleston

Published by the Clerk of the House

 

West Virginia Legislature

JOURNAL

of the

House of Delegates

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Thursday, March 5, 2015

FIFTY-FIRST 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, March 4, 2015, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

            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:

            Com. Sub. for S. B. 277, Requiring issuance of certificate of birth resulting in stillbirth,

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

            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:

            S. B. 532, Relating to civil liability immunity for clinical practice plans and medical and dental school personnel,

            And reports the same back, with amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.

            In the absence of objection, reference of the bill (S. B. 532) to the Committee on Finance was abrogated.

            Delegate Storch, Chair of the Committee on Political Subdivisions, submitted the following report, which was received:

            Your Committee on Political Subdivisions has had under consideration:

            S. B. 106, Excepting professional engineer member from sanitary board when project engineer is under contract,

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

            In accordance with the former direction of the Speaker, the bill (S. B. 106) was referred to the Committee on Government Organization.

            Delegate 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 5th day of March, 2015, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:

            (Com. Sub. for S. B. 175), Authorizing DHHR promulgate legislative rules.

            (Com. Sub. for S. B. 187), Authorizing Department of Revenue promulgate legislative rules.

             And,

            (Com. Sub. for S. B. 382), Declaring claims against state.

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

            Com. Sub. for S. B. 421, Relating to punitive damages in civil actions,

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

Messages from the Executive

            Mr. Speaker, Mr. Armstead, presented a communication from His Excellency, the Governor, advising that on March 3, 2015, he approved Com. Sub. for H. B. 2004, Com. Sub. for H. B. 2025, H. B. 2212, Com. Sub. for H. B. 2234, H. B. 2669, Com. Sub. for S. B. 13, Com. Sub. for S. B. 255, S. B. 298, S. B. 299, S. B. 302 and Com. Sub. for S. B. 378.

Messages from the Senate

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had concurred in the changed effect date, to take effect July 1, 2015, a bill of the House of Delegates as follows:

            H. B. 2726, Clarifying choice of laws issues in product’s liability actions.

            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:

            Com. Sub. for H. C. R. 6, The Army Air Force SGT Everett Wayne “Bud” Sell Memorial Bridge.

            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. 20, The Virginia and U. S. Army Major Woodrow Cook Memorial Road.

            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. 234 - “A Bill to repeal §8-16-19 of the Code of West Virginia, 1931, as amended; to amend and reenact §8-12-17 of said code; to amend and reenact §8-19-4 of said code; to amend and reenact §16-13A-1a, §16-13A-9 and §16-13A-25 of said code; to amend and reenact §24-1-1 and §24-1-1b of said code; to amend and reenact §24-2-1, §24-2-2, §24-2-3, §24-2-4a, §24-2-4b, §24-2-7 and §24-2-11 of said code; and to amend and reenact §24-3-5 of said code, all relating to removing from the jurisdiction of the Public Service Commission certain water and sewer utilities owned or operated by political subdivisions of the state; providing that bondholders may petition the court for redress in the event of significant insufficiencies; expanding jurisdiction of Public Service Commission to provide assistance to Public Service Districts regarding proposed rate changes; expanding powers of certain Public Service Boards; limiting use of certain information collected by Public Service Commission; providing mechanism for Public Service Commission to address deficiencies in the measurements, practices acts or services provided by certain public utility that is a political subdivision of the state; and providing mechanisms for various functions of political subdivisions related to water and sewer services”; 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. 320 - “A Bill to amend and reenact §31B-10-1006 of the Code of West Virginia, 1931, as amended; and to amend and reenact §47-9-53a of said code, all relating to notices of revocation of certificate of authority; requiring notice of revocation to foreign limited liability companies and foreign limited partnerships to be sent to their registered agent or if there is no registered agent to their principal office”; 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. 325 - “A Bill to amend and reenact §6B-2-6 of the Code of West Virginia, 1931, as amended, relating to filing dates for financial disclosure statements by candidates; setting deadlines for candidates to file financial disclosure statements with Ethics Commission; setting deadlines for Ethics Commission to file duplicate copies of statements to certain offices; clarifying to which office Ethics Commission sends copies of statements; and disqualifying candidates who fail to file statement by deadline”; 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. 352 - “A Bill to amend and reenact §19-4-1, §19-4-2, §19-4-3, §19-4-4, §19-4-5, §19-4-13, §19-4-16 and §19-4-22 of the Code of West Virginia, 1931, as amended; and to amend and reenact §24A-1-3 of said code, all relating to cooperative associations; clarifying definitions; expanding scope of cooperative associations to goods and services, including recycling; limiting scope of recycling cooperatives; expanding membership of cooperative associations; and revising exemptions for motor carriers to allow nonprofit recycling cooperatives”; which was referred to the Committee on Government Organization.

            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. 363 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §14-2A-19b, relating to allowing the Court of Claims to establish maximum rates and service limitations for reimbursement of health care services”; which was referred to the Committee on Health and Human Resources then the Judiciary.

            A message from the Senate, by

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

            Com. Sub. for S. B. 366 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-50-l, §33-50-2 and §33-50-3, all relating to the West Virginia Health Benefit Exchange; providing for publishing online information to assist consumers in making informed decisions concerning the purchase of a qualified health plan; and permitting rule-making”; which was referred to the Committee on Health and Human Resources.

            A message from the Senate, by

            The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of

            Com. Sub. for S. B. 435 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §7-26-1, §7-26-2, §7-26-3, §7-26-4, §7-26-5 and §7-26-6, all relating to creating West Virginia Sheriffs’ Bureau of Professional Standards; purpose and composition; general powers and duties; officers; promotion of training; standards for vehicles, badges and uniforms; and standards for interagency cooperation.”

            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. 446 - “A Bill making a supplementary appropriation of federal funds out of the treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending June 30, 2015, to the Department of Commerce, Workforce West Virginia - Workforce Investment Act, fund 8749, fiscal year 2015, organization 0323, and to the Department of Commerce, Office of the Secretary - Office of Economic Opportunity - Community Services, fund 8781, fiscal year 2015, organization 0327, by supplementing and amending the appropriation for the fiscal year ending June 30, 2015”; which was referred to the Committee on the Judiciary 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

            Com. Sub. for S. B. 453 - “A Bill to amend and reenact §17A-6A-1, §17A-6A-3, §17A-6A-4, §17A-6A-5, §17A-6A-6, §17A-6A-8, §17A-6A-8a, §17A-6A-9, §17A-6A-10, §17A-6A-11, §17A-6A-12, §17A-6A-13, §17A-6A-15, and §17A-6A-18 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto five new sections, designated §17A-6A-12a, §17A-6A-14a, §17A-6A-15a, §17A-6A-15b and §17A-6A-15c, all relating generally to motor vehicle dealers, distributors, wholesalers and manufacturers; adopting legislative findings; defining terms; modifying terms relating to cancellations of dealer agreements; modifying circumstances not constituting good cause to cancel an agreement; clarifying the standard of proof in termination, cancellation and nonrenewal disputes; modifying compensation terms when contract is discontinued; setting interest rate where payments to dealers from manufacturers or distributors are untimely; adding conduct which is considered a prohibited practice; increasing to one hundred eighty days the notice period afforded dealers should a manufacturer or distributor not approve a successor dealer; clarifying that air miles are used to determine distances between dealerships; restricting manufacturer and distributor use of dealership property; modifying obligations under warranties ; and clarifying indemnity practices”; which was referred to the Committee on the Judiciary.

            A message from the Senate, by

            The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of

            S. B. 477 - “A Bill supplementing, amending, decreasing and increasing items of the existing appropriations from the State Road Fund to the Department of Transportation, Division of Highways, fund 9017, fiscal year 2015, organization 0803, for the fiscal year ending June 30, 2015.”

            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. 541 - “A Bill to amend and reenact §3-8-1a, §3-8-2, §3-8-3, §3-8-4, §3-8-5, §3-8-5a, §3-8-5b, §3-8-7, §3-8-8, §3-8-9, §3-8-10 and §3-8-12 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §3-8-9a, all relating generally to the regulation and control of elections; modifying what qualifies as a federal reporting exemption; requiring certain contributions be reported to State Election Commission within forty-eight hours of their receipt; deleting certain reports by membership organizations that raise funds for political purposes by payroll; permitting certain financial statements by mail or in person; requiring Secretary of State to maintain an online database; setting forth additional powers of State Election Commission; requiring Attorney General to provide assistance when requested; permitting a political committee to transfer funds to a national, state or local committee of a political party without limitation; permitting a candidate committee to contribute to another candidate committee for the purpose of retiring debt incurred during a prior election; permitting a political action committee to contribute to another political action committee; establishing expenditure limits by political party committees, political party caucuses and candidates; permitting candidates, after a general election, to transfer any unused contributions to state party executive committees, state party legislative caucus committees, local committees of a political party or any other candidate for public office without limitation; modifying and adding definitions; and creating criminal penalties”; 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. 542 - “A Bill to amend and reenact §46A-2-125, §46A-2-126 and §46A-2-128 of the Code of West Virginia, 1931, as amended; to amend and reenact §46A-3-112 and §46A-3-113 of said code; to amend and reenact §46A-5-101 and §46A-5-106 of said code; and to amend said code by adding thereto a new section, designated §46A-5-107, all relating to clarifying permitted and prohibited actions with regard to the prohibition on oppression and abuse in the course of debt collection; clarifying permitted and prohibited actions with regard to the prohibition of unreasonable publication; clarifying permitted and prohibited actions and communications with regard to the prohibition on the use of unfair or unconscionable means in the course of debt collection; increasing permitted delinquency charges; modifying damages and penalties for violations; modifying the limitation of actions brought under this chapter; adjusting time allowed after discovery to correct an error without liability in certain circumstances; adjusting damages for inflation; and specifying venue of an action or proceeding brought by a consumer”; which was referred to the Committee on the Judiciary.

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

            S. B. 582 - “A Bill to amend and reenact §5-26-1 and §5-26-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §5-26-3 and §5-26-4, all relating to the Herbert Henderson Office of Minority Affairs; requiring office to report to Select Committee on Minority Affairs; requiring director to implement recommendations of select committee; defining terms; continuing Minority Affairs Fund; establishing a community-based pilot demonstration project; providing for operation and funding of pilot project; setting forth objectives and goals of pilot project; and requiring leverage of existing resources”; which was referred to the Committee on the Judiciary.

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2015, and requested the concurrence of the House of Delegates in the passage, of

            S. B. 583 - “A Bill to amend and reenact §11-27-11 of the Code of West Virginia, 1931, as amended, increasing the tax rate on providers of certain nursing facility services for one year”; which ws referred to the Committee on Finance.

            A message from the Senate, by

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

            S. B. 584 - “A Bill to amend and reenact §18-2-16 and §18-2-16a of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new article, designated §18-2L-1, §18-2L-2, §18-2L-3, §18-2L-4, §18-2L-5, §18-2L-6, §18-2L-7, §18-2L-8, §18-2L-9, §18-2L-10 and §18-2L-11; and to amend and reenact §18-9D-15 of said code, all relating to the transfer of the Cedar Lakes Camp and Conference Center from the State Board of Education to a private, nonstock, not-for-profit corporation established under the laws of this state; and providing available funding for said corporation from the School Building Authority for a period of three years after the transfer”; which was referred to the Committee on Finance.

            A message from the Senate, by

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

            S. B. 585 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new chapter designated §17H-1-1, §17H-1-2, §17H-1-3, §17H-1-4, §17H-1-5, §17H-1-6, §17H-1-7, §17H-1-8, §17H-1-9, §17H-1-10, §17H-1-11, §17H-1-12, §17H-1-13, §17H-1-14, §17H-1-15, §17H-1-16, §17H-1-17, §17H-1-18, §17H-2-1, §17H-2-2, §17H-2-3, §17H-2-4, §17H-2-5, §17H-2-6, §17H-2-7, §17H-2-8, §17H-2-9, §17H-2-10, §17H-2-11, §17H-2-12, §17H-2-13, §17H-2-14, §17H-2-15, §17H-2-16, §17H-2-17 and §17H-2-18, all relating to regulation of transportation network companies and regulation of taxicab companies; defining terms; establishing a permit and permit fee; establishing requirements relating to insurance, disclosures, transportation network companies and its drivers, safety and records; limiting controlling authority; and permitting Commissioner of the Division of Motor Vehicles to propose rules for legislative approval; exempting taxicab companies from the regulatory jurisdiction of Public Service Commission; establishing a permit and permit fee; establishing requirements relating to insurance, disclosures, taxicab companies and its drivers, safety and records; limiting controlling authority; and permitting Commissioner of the Division of Motor Vehicles to propose rules for legislative approval”; which was referred to the Committee on the Judiciary.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            Com. Sub. for S. C. R. 20 - “Requesting the Division of Highways name the ten-mile stretch of Route 83 in McDowell County, beginning at milepost 18.05 and ending at milepost 8.05, between its intersection with Route 16 at Yukon and the Bradshaw city line, as the ‘U. S. Army 1SG Joe C. Alderman Memorial Road’.”

            Whereas, First Sergeant Alderman was born in Bartley, McDowell County, on September 11, 1940; and

            Whereas, First Sergeant Alderman enlisted in the Army in 1958 following his graduation from Big Creek High School; and

            Whereas, First Sergeant Alderman began his career with the Army Special Forces in 1962; and

            Whereas, During his time in the Special Forces, First Sergeant Alderman spent seven years on special detachments in Vietnam; and

            Whereas, First Sergeant Alderman’s awards and honors include the Silver Star, Legion of Merit, Soldier’s Medal, six Bronze Stars, the Meritorious Service Medal, five Air Medals, the Joint Service Medal, six Army Commendation Medals and three Purple Hearts. Other awards from his time in Vietnam include the Special Service Medal for Heroism, the Cross of Gallantry with a Silver Star, two Bronze Stars and the Armed Forces Honor Medal; and

            Whereas, First Sergeant Alderman retired in November 1980, and his career achievements were marked with his 1996 induction into the prestigious U. S. Army Ranger Hall of Fame; and

            Whereas, First Sergeant Alderman died on August 19, 1994, and was interred at Arlington National Cemetery with full military honors; and

            Whereas, It is fitting to honor First Sergeant Alderman’s life and service by naming the stretch of Route 83 after him; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the ten-mile stretch of Route 83 in McDowell County, beginning at milepost 18.05 and ending at milepost 8.05, between its intersection with Route 16 at Yukon and the Bradshaw city line, as the “U. S. Army 1SG Joe C. Alderman Memorial Road”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the road as the “U. S. Army 1SG Joe C. Alderman Memorial Road”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and U. S. Army First Sergeant Alderman’s surviving relatives.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            S. C. R. 22 - “Requesting the Division of Highways name a portion of U. S. Route 119 in Boone County, beginning at a point, latitude 38.52773, longitude -81.50927, and ending at a point, latitude 38.54209, longitude -81.501417, the ‘U. S. Army SGT Mark Andrew Messer Memorial Road’.”

            Whereas, Sergeant Messer was born in Charleston on January 4, 1965, to the Reverend Melvin and Barbara Messer; and

            Whereas, After graduating from Scott High School, where he played football, Sergeant Messer enrolled in the Army and was stationed at Fort Leonard Wood in Missouri, Fort Lewis in Washington and Fort Campbell in Kentucky; and

            Whereas, Sergeant Messer served in the military for more than ten years, including a life-altering, front-line tour in the Middle East during Desert Storm. He was a member of the 5th Special Forces Group, the 101st Airborne and the Green Berets. He fought in Honduras, Iraq, Iran, Kuwait and Saudi Arabia and trained with the Egyptian Special Forces; and

            Whereas, Sergeant Messer received the Army Service Ribbon, Army Lapel Button, Sharpshooter Qualification Badge (M16 Rifle), Driver's Badge, Army Good Conduct Medal, Army Achievement Medal, NCO Professional Development Ribbon, National Defense Service Medal, Driver Mechanic Badge, Mechanic Badge, Southwest Asia Service Medal and Saudi Arabia/Kuwait Liberation Medal; and

            Whereas, Sergeant Messer returned home to Boone County after he received a medical discharge because of injuries sustained during Desert Storm, including post-traumatic stress disorder. He was a VFW member; and

            Whereas, Sergeant Messer passed away in his home on March 18, 2012, survived by his parents; his sons, Elijah Messer, Justin Green, Gage Messer and Dane Messer; and his bothers, David Messer and Jacob Messer; and

            Whereas, It is fitting and proper that U. S. Army Sergeant Mark Andrew Messer be remembered and acknowledged for his dedicated service to his country; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name a portion of U. S. Route 119 in Boone County, beginning at a point, latitude 38.52773, longitude -81.50927, and ending at a point, latitude 38.54209, longitude -81.501417, the ‘U. S. Army SGT Mark Andrew Messer Memorial Road’; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs at both ends identifying the road as the ‘U. S. Army SGT Mark Andrew Messer Memorial Road’; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways and the family of U. S. Army Sergeant Mark Andrew Messer.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            S. C. R. 25 - “Requesting the Division of Highways name bridge number 17-79-117.174, (17A257, 17A258), latitude 39.25769, longitude -80.28684), on Interstate 79, in Anmoore, Harrison County, heading south the ‘U. S. Army PFC Nick A. Cavallaro Memorial Bridge’ and heading north the ‘U. S. Army SSG Benjamin T. Portaro Memorial Bridge’.”

            Whereas, Nick Cavallaro was born in Caulonia, Reggio Calabria, Italy, October 28, 1920, and came to the United States in August, 1922, with his brother Celestino (Charley) and mother Maria Rosa Strangio Cavallaro and settled in Anmoore, West Virginia; and

            Whereas, Benjamin Portaro (Nick Cavallaro’s cousin) was born in Caulonia, Reggio Calabria, Italy, March 8, 1921, and immigrated to Anmoore, West Virginia, with his family; and

            Whereas, When World War II broke out, Nick Cavallaro and Benjamin Portaro both enlisted in the United States Army; and

            Whereas, Nick Cavallaro participated in battles in North Africa and Sicily, Italy, and was one of the thousands of paratroopers dropped behind German lines the night before the invasion of Normandy, France; and

            Whereas, Nick Cavallaro was scheduled to come home on leave when the Battle of the Bulge occurred and his leave was canceled; and

            Whereas, Sadly, Nick Cavallaro lost his life in the battle at Fosse, Belgium, on January 3, 1945, leaving behind his mother, brother, sister Louise and a host of other family and friends; and

            Whereas, Nick Cavallaro was awarded two Purple Heart Medals, the Bronze Star Medal and the Combat Infantryman Badge, as well as various medals by the French and Belgian governments; and

            Whereas, Benjamin Portaro was a staff sergeant when he was discharged, having fought in two battles in France before fighting at the Battle of the Bulge in Belgium, where he was captured by German forces and eventually escaped; and

            Whereas, Benjamin Portaro was awarded the Bronze Star Medal, Purple Heart Medal, POW Medal, Good Conduct Medal, American Campaign Medal, European-African-Middle Eastern Campaign Medal with two bronze service stars, World War II Victory Medal, Combat Infantryman Badge 1st Award, Honorable Service Lapel Button WWII and the Marksman Badge with Rifle Bar; and

            Whereas, Nick Cavallaro and Benjamin Portaro were Italian immigrants, cousins and citizens of Anmoore, West Virginia, and fought for their adopted country, the United States of America; and

            Whereas, It is fitting to recognize the service and sacrifice of cousins Nick Cavallaro and Benjamin Portaro by naming this bridge in their honor as an everlasting tribute to their memory; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 17-79-117.174, (17A257, 17A258), latitude 39.25769, longitude -80.28684), on Interstate 79, in Anmoore, Harrison County, heading south the “U. S. Army PFC Nick A. Cavallaro Memorial Bridge” and heading north the “U. S. Army SSG Benjamin T. Portaro Memorial Bridge”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge heading south as the “U. S. Army PFC Nick A. Cavallaro Memorial Bridge” and heading north the “U. S. Army SSG Benjamin T. Portaro Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            S. C. R. 29 - “Requesting the Division of Highways name bridge number 20-77-99.01 (20A418), locally known as I-77 Greenbrier Street Overpass, with latitude of 38.34157 and longitude of -81.61183 in Kanawha County the ‘Rosie the Riveter Memorial Bridge’.”

            Whereas, Women who worked on the home front during World War II were a significant force in shortening and winning that history-changing war. West Virginia women contributed significantly to the effort by working in factories, farms, government and as volunteers doing any and all that could be done on the home front; and

            Whereas, Rosie the Riveters as a group and with individual examples in West Virginia are noted for caring for their loved ones who were wounded in many ways by the war, who pioneered proof of what women do for society, and who showed what older Americans do when given the right guidance and opportunity. Most Rosies the Riveters have died without being recognized or learned from; and

            Whereas, The West Virginia Rosie the Riveter Program has proven from 2009 to the present that these women were critical to the well-being of America, allied nations and freedom and showing the value of the strengths of women; and

            Whereas, The Greater Kanawha Valley is the first model Rosie the Riveter Community in America, based on work done by the nonprofit called, Thanks! Plain and Simple, Inc. (“Thanks!”) which has the mission of creating projects that need to be done in America and then guiding other Americans to join in the effort. “Thanks!” has been significantly helped by Rosie the Riveters, many of whom have died since “Thanks!” began work in 2009. Families and the overall communities of West Virginia have been supporting these and other efforts to honor Rosie the Riveters; and

            Whereas, The Charleston Gold Dome Lions Club has initiated naming a bridge the “Rosie the Riveter Memorial Bridge” as an example of what can be done by communities nationwide. Increasing numbers of entities across the United States and internationally are recognizing that the ways West Virginia has recognized Rosie the Riveters are significant and achievable. A small bridge in Wetzel County was named for a living Rosie, Freda Bell, which is a first in America and shows West Virginia's spirit and commitment to contributors to freedom; and

            Whereas, It is only fitting and proper that the class of Americans known as Rosie the Riveters and their good work for family, community, the nation and the world be recognized and remembered; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 20-77-99.01 (20A418), locally known as I-77 Greenbrier Street Overpass, with latitude of 38.34157 and longitude of -81.61183 in Kanawha County the “Rosie the Riveter Memorial Bridge”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs at both ends of the bridge identifying it as the “Rosie the Riveter Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways, to “Thanks! Plain and Simple, Inc.” and to the Charleston Gold Dome Lions Club.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            Com. Sub. for S. C. R. 34 - “Requesting the Division of Highways name bridge number 13-64-165.87 on Interstate 64 near Lewisburg, Greenbrier County, the ‘U. S. Army Air Corps LT William H. Corkrean, Jr., Memorial Bridge’.”

            Whereas, William H. Corkrean, Jr., was born on June 7, 1922, in Ronceverte, Greenbrier County. He lived in Ronceverte and was educated in Greenbrier County schools. He joined the West Virginia National Guard at age 15 in 1939 with his fathers's permission. He was employed by the Hecht Co. before entering military service in 1941. In the military, he was a B-17 pilot assigned to 390th BG 570th BS. On May 11, 1944, while piloting the 42-31971 “Twenty-One or Bust” on his twenty-third mission, the aircraft was hit by flak and crashed at Gilz-Rijer, Belgium. It was reported that he remained with the plane until it crashed; and

            Whereas, William H. Corkrean, Jr., died defending the principals of freedom upon which his country, state and community were established; and

            Whereas, Naming bridge number 13-64-165.87 on Interstate 64 near Lewisburg, Greenbrier County, the “U. S. Army Air Corps LT William H. Corkrean, Jr., Memorial Bridge” is an appropriate recognition of his contributions and his supreme sacrifice to his country, state, community and Greenbrier County; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 13-64-165.87 on Interstate 64 near Lewisburg, Greenbrier County, the “U. S. Army Air Corps LT William H. Corkrean, Jr., 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 “U. S. Army Air Corps LT William H. Corkrean, Jr., Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the surviving relatives of William H. Corkrean, Jr.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            Com. Sub. for S. C. R. 35 - “Requesting the Division of Highways name bridge number 24-13-0.01 (24A089), locally known as Gary Bridge, carrying County Route 13 over the Tug Fork of the Big Sandy River in McDowell County the ‘U. S. Army CPL Zane Joseph Gero and U. S. Marine Corps CPL John Anthony “Tony” Gero Memorial Bridge’.”

            Whereas, Zane Joseph Gero was born January 26, 1911, in Thorpe, McDowell County, into a coal-mining family of immigrant ancestors; and

            Whereas, While attending Gary High School, Zane Joseph Gero led the Gary Coaldigger football team to many victories and received an honorable mention as a state football player/quarterback; and

            Whereas, While attending Gary High School, Zane Joseph Gero was also the band drum-major and at half time would lead the band in its performance; and

            Whereas, As a high school senior, Zane Joseph Gero won the title of state drum-major in a statewide competition; and

            Whereas, Following high school, Zane Joseph Gero earned a bachelor's degree from Concord College qualifying him to teach social studies; and

            Whereas, Concord College had no band at the time he enrolled there, so Zane Joseph Gero gained approval to start a band, now known as the Concord Commanders, and was the band leader; and

            Whereas, Following college, as the emergency services chief for the U. S. Coal and Coke Company, Zane Joseph Gero taught volunteers to be well qualified in emergency responses, including fire and ambulance. He taught how to provide first response in mine accidents. In a partly segregated community Zane Joseph Gero was welcomed by all ethnic and racial groups. He spoke numerous languages and at times acted as an interpreter; and

            Whereas, The coal company allowed Zane Joseph Gero to enlist in the U. S. Army and, following training, he was attached to General Joseph Patton's 3rd Army with a specialization in demolitions, land mine, bridge and highway issues, serving in 1944 and 1945; and

            Whereas, Zane Joseph Gero reached the rank of corporal and served with Company C, 314th Battalion, 89th Infantry Division, 3rd Army; and

            Whereas, Corporal Gero’s knowledge of several European languages helped him serve often as an interpreter. He led a squad which, under fire, helped put the first bridge across the Rhine River; and

            Whereas, Corporal Gero’s squad, on a mission April 4, 1945, to find and clear a route for advancing troops, was moving through a wooded area near Ohrdruk, Germany, when they encountered a lightly guarded facility containing piles of corpses, ovens with human remains, a terrible stench and a few surviving internees. The unit had come across the first concentration camp to be liberated by United States troops. It was part of the Buchenwald Concentration Camp network; and

            Whereas, Corporal Gero later became a social studies teacher at Berwind Middle School, was the Big Creek High School Band Director and was honored with the Freedom’s Foundation at Valley Forge Classroom Teacher’s Medal for, through his life and work, having made a significant contribution to a better understanding of the American way of life; and

            Whereas, Corporal Gero died October 23, 1968, in Welch, West Virginia; and

            Whereas, John Anthony “Tony” Gero, son of Zane Joseph Gero, was born August 22, 1947, in Welch, McDowell County; and

            Whereas, John Anthony Gero was named for his father's friend, David Anthony, of New Martinsville, West Virginia, fulfilling a promise made by the senior Gero to his friend while the two were serving in Europe during World War II, to name any future son after him; and

            Whereas, Members of the Gero family have served in the military as early as the American Revolution; and

            Whereas, Corporal John Anthony Gero was a sniper in the 1st Platoon, Company G, 2nd Battalion, 3rd Marines, 3rd Marine Division; and

            Whereas, Corporal John Anthony Gero was mortally wounded by friendly fire in combat in Vietnam and died on the U. S. Hospital Ship, USS Sanctuary, June 29, 1968; and

            Whereas, Corporal John Anthony Gero was buried with honors at Fort Rosecrans Military Cemetery in San Diego, California; and

            Whereas, Corporal John Anthony Gero was a late-discovered qualifying West Virginian to have his name on the State Capitol military monument and his name is on a list to be added to the monument in the future; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 24-13-0.01 (24A089), locally known as Gary Bridge, carrying County Route 13 over the Tug Fork of the Big Sandy River in McDowell County the “U. S. Army CPL Zane Joseph Gero and U. S. Marine Corps CPL John Anthony ‘Tony’ Gero Memorial Bridge”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “U. S. Army CPL Zane Joseph Gero and U. S. Marine Corps CPL John Anthony ‘Tony’ Gero Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            S. C. R. 40 - “Requesting the Division of Highways name the bridge in Putnam County, bridge number 40-35-9.68(40A157) northbound and bridge number 40-35-9.68(40A158) southbound, on Route 35 crossing over 5 and 20 Creek Road, 1.17 miles north of CR 19, the ‘U. S. Army Sgt. Deforest Lee Talbert Memorial Bridge’.”

            Whereas, Sgt. Deforest Lee Talbert was born January 24, 1982, in Alexandria, Virginia, the son of Gloria Nesbitt and Benjamin Dickens. He graduated from T. C. Williams High School. He moved to West Virginia to attend West Virginia State University where he majored in communications. He enlisted in the West Virginia Army National Guard at Dunbar, West Virginia, and was assigned to Bravo Company 1/150 AR in 2001; and

            Whereas, Sgt. Deforest Lee Talbert was mobilized as part of Operation Iraqi Freedom on October 1, 2003, and was reassigned to Charlie Company 1/150 AR. His company was deployed to the Iraqi Theater of Operations along with the 1-150th Armor Battalion and the 30th Brigade Team on February 29, 2004. He served as an assistant gunner with the First Platoon, Charlie 12 gun truck. While patrolling on the evening of July 27, 2004, Sgt. Talbert’s convoy was the target of an enemy attack using an improvised explosive device. Three of his fellow soldiers were injured, but Sgt. Talbert absorbed the brunt of the explosion and was instantly killed. Sgt. Deforest Lee Talbert received the Army Service Ribbon, the Sharpshooter Marksmanship Badge (Pistol), the Expert Marksmanship Badge (Grenade), SSI/FWS for the 30th Brigade Combat Team and the 1st Infantry Division and, posthumously, a Purple Heart and a Bronze Star with V Device; and

            Whereas, Sgt. Deforest Lee Talbert made the ultimate sacrifice for his country and in doing so represented West Virginia and his country with the highest levels of honor and courage and his sacrifice should not go unnoticed. Naming this bridge in Putnam County for him is an appropriate recognition of his ultimate sacrifice for state and country; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the bridge in Putnam County, bridge number 40-35-9.68(40A157) northbound and bridge number 40-35-9.68(40A158) southbound, on Route 35 crossing over 5 and 20 Creek Road, 1.17 miles north of CR 19, the “U. S. Army Sgt. Deforest Lee Talbert Memorial Bridge”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “U. S. Army Sgt. Deforest Lee Talbert Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the surviving family members of Sgt. Deforest Lee Talbert: Mother, Gloria Nesbitt; father, Benjamin Dickens; sisters, Tawanna Talbert-Loving, Latasha Marble and Chiquita Talbert; brother, James Talbert; and his devoted friend, Frances Hamlet.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            S. C. R. 41 - “Requesting the Division of Highways name bridge number 2-9-4.81 (2A022) on Route 9 over Back Creek in Berkeley County the ‘W. C. Honaker and Clyde Spies Memorial Bridge’.”

            Whereas, Tomahawk’s Ruritan Club members W. C. Honaker and Clyde Spies circulated a petition among the fine folks of Back Creek Valley, Cherry Run and Hedgesville over twenty-five years ago to have the bridge spanning Back Creek replaced as it posed a hazard to worried travelers, including public school students from Berkeley and Morgan counties; and

            Whereas, After W. C. Honaker and Clyde Spies brought the unsafe bridge to the attention of then Delegates Patrick Murphy and Vicki Douglas, the Honorable Gaston Caperton, then Governor, approved the construction of a new bridge; and

            Whereas, W. C. Honaker and Clyde Spies were honored for their noble efforts by being the first individuals to cross the newly replaced bridge at its grand opening; and

            Whereas, W. C. Honaker and Clyde Spies lived a few more years and passed on to Heaven's embrace as both were fine and honored Christian men, loved by many and missed by all; and

            Whereas, On May 20, 2014, the Berkeley County Association of Retired School Employees passed a resolution urging the Legislature to name the bridge for W. C. Honaker and Clyde Spies; and

            Whereas, It is only fitting and proper that W. C. Honaker and Clyde Spies and their good deeds for family, schools and the community be recognized and remembered; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 2-9-4.81 (2A022) on Route 9 over Back Creek in Berkeley County the “W. C. Honaker and Clyde Spies Memorial Bridge”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs at both ends of the bridge identifying it as the “W. C. Honaker and Clyde Spies Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways, to the families of W. C. Honaker and Clyde Spies, to Patrick Murphy and to the Berkeley County Association of Retired School Employees.

Resolutions Introduced

            Delegates Miley, Trecost, Hamrick, Waxman and Lane offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            H. C. R. 109 - “Requesting the Division of Highways to name bridge number 17-20-25.38 (17A106), locally known as Haywood Bridge, carrying West Virginia Route 20 over West Fork River and CSX railroad in Harrison County, the ‘U.S. Army PFC John Belcastro Bridge’.”

            Whereas, John Belcastro, was born on June 12, 1922, in Shinnston, West Virginia. He was the first born of one of the first set of twins born in Shinnston and one of six sons born to Frank and Anita Bartolo Belcastro; and

            Whereas, After graduation from Shinnston High School in 1942, John Belcastro spent four years in the United States Army during World War II. He entered the United States Army in October of 1942 and was honorably discharged on January 18, 1946. Mr. Belcastro was a member of the Tenth Armored Division, 90th Reconnaissance Calvary, Third Army under General George Patton; and

            Whereas, John Belcastro spent Christmas of 1944 fighting in the Battle of the Bulge in which the Tenth Armored Division led the Third Army all the way to Austria. He also fought in the Ardennes Forest, the Rhineland and Central Europe. In May of 1945, Mr. Belcastro was chosen to be a part of a secret mission. As soon as the war ended, he was part of the team hand-picked to rescue 118 German scientists who were defecting to America. Those German scientists included Weyher Von Braun who was instrumental in starting the American space program in Huntsville, Alabama; and

            Whereas, John Belcastro received a Purple Heart, a Bronze Star for bravery, the Croix De Guerre Presidential Citation and Good Conduct Medal. He also was awarded the American Theater Ribbon, the Middle Eastern Theater Ribbon, the World War II Victory Ribbon, the Diplome from the Republique Francais' Ministere De La Defense Liberation of France and the Knight of the French Legion of Honor; and

            Whereas, When the war ended, Mr. Belcastro returned to Shinnston where he worked in the coal industry for forty-three years. While working in the mines, he volunteered to be a member of the mine rescue squad, serving in that capacity from 1950 to 1964 during which time he helped in rescue efforts in twelve explosions and fires. Mr. Belcastro received Consol Safety Award for twenty-five years with no lost time accidents. He was a member of United Mine Workers Local #1501 where he held many offices including serving on the COMPAC committee for twelve years, holding the office of treasurer for eight years and social chairman for eighteen years; and

            Whereas, Mr. Belcastro displayed his talent as an imitator and impersonator by being named the winner of the Wilken's Amateur Hour held in Pittsburgh; the winner of the All Stars Amateur Hour held at the Ritz Theater in Clarksburg; performed with the Paul Whitman Orchestra at the Warner Theater in Morgantown; with Vaughn Monroe at the Ritz in Clarksburg; and Frank Yankovic's Polish Band at the Clarksburg Armory; and

            Whereas, Mr. Belcastro and Sylvia, his wife of sixty-seven years, are members of St. Ann's Catholic Church where he has served as an usher, lector, and president of the men's Holy Name Society for three terms. He served as both Vice-President and Treasurer of the Clarksburg Deanery of the Holy Name Society and on the Board of Directors for the Wheeling-Charleston Diocese. He is also a member of the Knights of Columbus #942 and a weekly adorer in the Perpetual Adoration Chapel. For years he was the “Voice of the Spartans” as he served as the announcer for the Shinnston High football games and also for the Shinnston Little League baseball games. Mr. Belcastro held the position of Cub Master for Pack 59 for the Shinnston Area Boy Scouts. He belongs to the Clarksburg Senior Citizens and delivered Meals on Wheels. He is a Life Member of the Veterans of Foreign Wars #573 in Clarksburg, AARP, and a Life Member of the Shinnston American Legion Post 31 where he served on the Color Guard and as chairman of various committees as well as serving as Service Officer for the VA Hospital and the Old Soldier's Home in Weston; and

            Whereas, Mr. Belcastro was captain of the seven time winning Italian Trivia Team in conjunction with the Italian Heritage Festival and received a diploma from the University of Hard Knocks at Alderson-Broaddus College in 1999. He is one of the longest serving members of the Board of Directors of the Monongahela Valley Association of Health Centers Fairmont Clinic, having served for over forty years; and

            Whereas, On June 12, 2015, Mr. Belcastro will celebrate his 93rd birthday. He has lived all his life in Shinnston. He is a long time pillar of his community and it is fitting that an enduring memorial be established to commemorate his service to his community and country; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 17-20-25.38 (17A106), locally known as Haywood Bridge, carrying West Virginia Route 20 over West Fork River and CSX railroad in Harrison County, the “U.S. Army PFC John Belcastro Bridge”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridges the “U.S. Army PFC John Belcastro Bridge”; 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 and to Mr. John Belcastro.

            Delegates J. Nelson, Pasdon, Moffatt, R. Phillips, Butler, Ellington, Perry, Upson, Wagner, R. Smith and Duke offered the following resolution, which was read by its title and referred to the Committee on Education then Rules:

            H. C. R. 110 - “Requesting the Joint Committee on Government and Finance to study reducing the State Board of Education budget and redirecting those funds toward increasing teacher salaries.”

            Whereas, A disproportionate share of funding for public education in the state is allocated to the West Virginia Board of Education budget, rather than to teacher compensation and classroom level expenses, where funding is needed most; and

            Whereas, In recent years, teachers are retiring at an increasing rate and the percentage of students at local colleges majoring in education has decreased; and

            Whereas, According to the West Virginia Education Association, teachers in 47 states receive higher salaries, on average, than teachers in West Virginia; and

            Whereas, Competitive salaries for teachers will attract and retain highly qualified individuals for teaching positions in West Virginia and could significantly improve the overall quality of public education in this state; therefore, be it

Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is requested to study reducing the State Board of Education budget and redirecting those funds toward increasing teacher salaries; and, be it

            Further Resolved, That the Joint Committee on Government and Finance submit its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations, to the Legislature at the beginning of the 2016 Regular Legislative Session; and, be it

            Further Resolved, That the expenses necessary to conduct this study, to prepare a report and draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

Special Calendar

Second Reading

            The following bills on second reading, coming up in regular order, were each read a second time and ordered to third reading:

            Com. Sub. for S. B. 351, Relating to charitable organization contribution levels requiring independent audit reports,

            Com. Sub. for S. B. 374, Permitting in absentia parole hearings in certain instances,            Com. Sub. for S. B. 375, Specifying who receives parole hearing notices via regular or certified mail,

            S. B. 472, Making supplementary appropriation to DOT, DMV, Motor Vehicle Fees Fund,            S. B. 475, Making supplementary appropriation to DMAPS, Division of Corrections, Parolee Supervision Fees, and WV State Police, Motor Vehicle Inspection Fund,

            And,

            S. B. 507, Relating to monitoring inmates’ electronic communications.

            S. B. 559, Relating to social work licensing exemptions; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on Government Organization, was reported by the Clerk and adopted, amending the bill on page one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:

            That §30-30-16 of the Code of West Virginia, 1931, as amended, be amended and reenacted, to read as follows:

ARTICLE 30. SOCIAL WORKERS.

§30-30-16. Provisional License to practice as a social worker.

            (a) To be eligible for a provisional license to practice as a social worker, the applicant must:

            (1) Submit an application to the board;

            (2) Be at least eighteen years of age;

            (3) Be of good moral character;

            (4) Have a baccalaureate degree in a related field, as provided by legislative rule: Provided, That an individual seeking employment as a provisionally licensed social worker with the West Virginia Department of Health and Human Resources shall have a baccalaureate degree;

            (5) Have obtained regular supervised employment, or the reasonable promise of regular supervised employment contingent upon receiving a provisional license, in a critical social work workforce shortage position, area or setting requiring a social work license: Provided, That such employment shall not as an independent practitioner, contracted employee, sole proprietor, consultant, or other nonregular employment;

            (6) Have satisfied the board that he or she merits the public trust by providing the board with three letters of recommendation from persons not related to the applicant;

            (7) Not be an alcohol or drug abuser, as these terms are defined in section eleven, article one-a, chapter twenty-seven of this code: Provided, That an applicant in an active recovery process, which may, in the discretion of the board, be evidenced by participation in an acknowledged substance abuse treatment and/or recovery program may be considered;

            (8) Not have been convicted of a felony in any jurisdiction within five years preceding the date of application for license which conviction remains unreversed;

            (9) Not have been convicted of a misdemeanor or felony in any jurisdiction if the offense for which he or she was convicted related to the practice of social work, which conviction remains unreversed; and

            (10) Meet any other requirements established by the board. ; and

            (11) The board shall promulgate emergency rules, in accordance with section fifteen, article three, chapter twenty nine-a of this code, to implement the provisions of this subsection.

            (b) A provisionally licensed social worker may become a licensed social worker, by completing the following:

            (1) Be continuously employed for four years as a social worker and supervised. The board shall promulgate by legislative rule the supervision requirements;

            (2) Complete twelve credit hours of core social work study from a program accredited by the council on social work education, as defined by legislative rule, within the four-year provisional license period: Provided, That an individual employed as a provisionally licensed social worker with the West Virginia Department of Health and Human Resources shall satisfy this requirement upon completion of the social work training program with the West Virginia Department of Health and Human Resources. The Secretary of the West Virginia Department of Health and Human Resources shall, with the advice of the Higher Education Policy Commission, West Virginia University School of Social Work, and Marshall University Department of Social Work, promulgate legislative rules, in accordance with article three, chapter twenty nine-a of this code, to implement the provisions of this subdivision;

            (3) Complete continuing education as required by legislative rule; and

            (4) Pass an examination approved by the board.

            (c) On or before July 1, 2020, the Legislative Auditor shall cause to be performed a performance audit of the provisional license to practice as a social worker application process and the application process by which a provisional licensee may become a licensed social worker.

            (c) A provisionally licensed social worker or a person previously licensed as a provisionally licensed social worker may not reapply for licensure through this process if the process is not completed.

The bill was then ordered to third reading.

            At the request of Delegate Cowles and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.

Committee Reports

            On motion for leave, bills were introduced (Originating in the Committee on Finance and reported with the recommendation that they each do pass), which were read by their titles, as follows:

By Delegates E. Nelson, Ashley, Anderson, Williams, A. Evans, Boggs, Hamilton, L. Phillips, Butler, Espinosa and O’Neal:

            H. B. 3020 - “A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Department of Military Affairs and Public Safety, Division of Corrections - Correctional Units, fund 0450, fiscal year 2015, organization 0608, by supplementing and amending the appropriations for the fiscal year ending June 30, 2015,”

By Delegates E. Nelson, Ashley, Anderson, Williams, Boggs, Espinosa, O’Neal and Bates :

            H. B. 3021 - “A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Department of Health and Human Resources, Division of Health, Central Office, fund 0407, fiscal year 2015, organization 0506, and to the Department of Health and Human Resources, Division of Human Services, fund 0403, fiscal year 2015, organization 0511, by supplementing and amending the appropriations for the fiscal year ending June 30, 2015,”

            And,

By Delegates Ashley, E. Nelson, Williams, Canterbury, Hamilton, Pethtel, Householder, Butler, L. Phillips, Espinosa and Westfall:

            H. B. 3022 - “A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Treasurer’s Office, fund 0126, fiscal year 2015, organization 1300, to the State Board of Education - State FFA-FHA Camp and Conference Center, fund 0306, fiscal year 2015, organization 0402, to the State Board of Education - West Virginia Schools for the Deaf and the Blind, fund 0320, fiscal year 2015, organization 0403, to Mountwest Community and Technical College, fund 0599, fiscal year 2015, organization 0444, to the West Virginia School of Osteopathic Medicine, fund 0336, fiscal year 2015, organization 0476, and to West Virginia State University, fund 0373, fiscal year 2015, organization 0490, by supplementing and amending the appropriations for the fiscal year ending June 30, 2015.”

            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. 2766, Expiring funds to the unappropriated balance in the State Fund, General Revenue from the Joint Expenses, and from the Department of Health and Human Resources,

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

            Com. Sub. for H. B. 2766 - “A Bill expiring funds to the unappropriated balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2015, in the amount of $5,650,000 from the Joint Expenses, fund 0175, fiscal year 2008, organization 2300, appropriation 64200, and in the amount of $1,850,000 from the Joint Expenses, fund 0175, fiscal year 2009, organization 2300, appropriation 64200, and in the amount of $75,365.64 from the Governor’s Office - Civil Contingent Fund, fund 0105, fiscal year 2002, organization 0100, appropriation 11400, and in the amount of $67,553.27 from the Governor’s Office - Civil Contingent Fund, fund 0105, fiscal year 2002, organization 0100, appropriation 23800, and in the amount of $122,113 from the Governor’s Office - Civil Contingent Fund, fund 0105, fiscal year 2003, organization 0100, appropriation 23800, and in the amount of $212,500 from the Governor’s Office - Civil Contingent Fund, fund 0105, fiscal year 2003, organization 0100, appropriation 61400, and in the amount of $635,179.58 from the Governor’s Office - Civil Contingent Fund, fund 0105, fiscal year 2004, organization 0100, appropriation 23800, and in the amount of $346,521.90 from the Governor’s Office - Civil Contingent Fund, fund 0105, fiscal year 2004, organization 0100, appropriation 26300, and in the amount of $1,207,149.67 from the Governor’s Office - Civil Contingent Fund, fund 0105, fiscal year 2004, organization 0100, appropriation 61400, and in the amount of $34,378.53 from the Governor’s Office - Civil Contingent Fund, fund 0105, fiscal year 2005, organization 0100, appropriation 11400, and in the amount of $397,276.39 from the Governor’s Office - Civil Contingent Fund, fund 0105, fiscal year 2005, organization 0100, appropriation 23800, and in the amount of $1,272,323.47 from the Governor’s Office - Civil Contingent Fund, fund 0105, fiscal year 2006, organization 0100, appropriation 61400, and in the amount of $2,227,821.66 from the Governor’s Office - Civil Contingent Fund, fund 0105, fiscal year 2008, organization 0100, appropriation 11400, and in the amount of $901,816.89 from the Governor’s Office - Civil Contingent Fund, fund 0105, fiscal year 2009, organization 0100, appropriation 11400, and in the amount of $7,500,000 from the Treasurer’s Office - Special Income Tax Refund Reserve Fund, fund 1313, fiscal year 2015, organization 1300,”

            H. B. 2769, Expiring funds to the unappropriated surplus balance in the State Fund, General Revenue from various agencies,

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

            Com. Sub. for H. B. 2769 - “A Bill expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2015 in the amount of $1,500,000 from the Department of Military Affairs and Public Safety, Division of Corrections - Correctional Units, fund 0450, fiscal year 2012, organization 0608, appropriation 59200, and in the amount of $400,103.30 from the Department of Transportation, Division of Public Transit, fund 0510, fiscal year 2013, organization 0805, appropriation 25800, and in the amount of $3,861,297 from the Department of Administration, Risk and Insurance Management Board - Premium Tax Savings Fund, fund 2367, fiscal year 2015, organization 0218, and in the amount of $1,329.28 from the Department of Health and Human Resources, Division of Health, Uniform Health Professional Data Collection Systems Fund, fund 5109, fiscal year 2015, organization 0506, and in the amount of $478.81 from the Department of Health and Human Resources, Division of Health, Commonly Based Fetal and Infant Mortality Review Fund, fund 5131, fiscal year 2015, organization 0506, and in the amount of $18,609.27 from the Department of Health and Human Resources, Division of Health, Claude Worthington Benedum Foundation Fund, fund 5132, fiscal year 2015, organization 0506, and in the amount of $2,500 from the Department of Health and Human Resources, Division of Health, Behavioral Health Clearing Fund, fund 5151, fiscal year 2015, organization 0506, and in the amount of $13,193.90 from the Department of Health and Human Resources, Division of Health, Special Education Title I Fund, fund 5161, fiscal year 2015, organization 0506, and in the amount of $45 from the Department of Health and Human Resources, Division of Health, Rural Health Networking Project Fund, fund 5184, fiscal year 2015, organization 0506, and in the amount of $1,400,000 from the Department of Health and Human Resources, Division of Health, Vital Statistics Improvement Fund, fund 5225, fiscal year 2015, organization 0506, and in the amount of $6,000,000 from the Department of Health and Human Resources, West Virginia Health Care Authority - Health Care Cost Review Fund, fund 5375, fiscal year 2015, organization 0507, and in the amount of $4,000,000 from the Department of Health and Human Resources, West Virginia Health Care Authority - West Virginia Health Information Network Account, fund 5380, fiscal year 2015, organization 0507, and in the amount of $2,000,000 from the Department of Health and Human Resources, West Virginia Health Care Authority - West Virginia Health Care Authority Revolving Loan Fund, fund 5382, fiscal year 2015, organization 0507, and in the amount of $4,976.37 from the Department of Health and Human Resources, Division of Human Services, Special County General Relief Fund, fund 5054, fiscal year 2015, organization 0511, and in the amount of $18,118.01 from the Department of Health and Human Resources, Division of Human Services, Individual and Family Grant Program, fund 5055, fiscal year 2015, organization 0511, and in the amount of $251,657.05 from the Department of Health and Human Resources, Division of Human Services, TRIP Fund, fund 5070, fiscal year 2015, organization 0511, and in the amount of $4,000,000 from the Department of Health and Human Resources, Division of Human Services, Medicaid Fraud Control Fund, fund 5141, fiscal year 2015, organization 0511, and in the amount of $223,310.69 from the Department of Health and Human Resources, Division of Human Services - Marriage Education Fund, fund 5490, fiscal year 2015, organization 0511, and in the amount of $16,700,000 from the Department of Revenue, Insurance Commissioner, fund 7152, fiscal year 2015, organization 0704,

            And,

            H. B. 2772, Expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, from the Auditor's Office - Purchasing Card Administration Fund,

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

            Com. Sub. for H. B. 2772 - “A Bill expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2015, in the amount of $315,496.80 from the Attorney General, fund 0150, fiscal year 2013, organization 1500, appropriation 72500, and in the amount of $210,268 from the Attorney General, fund 0150, fiscal year 2013, organization 1500, appropriation 77900, and in the amount of $774,644.65 from the Attorney General, fund 0150, fiscal year 2014, organization 1500, appropriation 26000, and in the amount of $1,000,000 from the Auditor's Office - Purchasing Card Administration Fund, fund 1234, fiscal year 2015, organization 1200, and in the amount of $3,410,629 from the Treasurer’s Office - Flood Insurance Tax Fund, fund 1343, fiscal year 2015, organization 1300, and in the amount of $750,000 from the Department of Agriculture - Agriculture Fees Fund, fund 1401, fiscal year 2015, organization 1400, and in the amount of $700,000 from the Attorney General - Antitrust Enforcement Fund, fund 1507, fiscal year 2015, organization 1500, and in the amount of $750,000 from the Secretary of State - General Administrative Fees Account, fund 1617, fiscal year 2015, organization 1600,”

            With the recommendation that the committee substitutes each do pass.

Miscellaneous Business

            Delegate Lane filed a form with the Clerk’s Office per House Rule 94b to be added as a cosponsor of H. C. R. 109.

            Delegate R. Phillips noted to the Clerk that he was absent when the votes were taken on the following Roll Nos. and had he been present he would have voted as follows:

            Roll No.          Bill No.            Voting Preference

            359                  HB2795                      “Yea”

            361                  HB2810                      “Yea”

            362                  HB2828                      “Yea”

            363                  HB2867                      “Yea”

            364                  HB2902                      “Yea”

            365                  HB2926                      “Yea”

            366                  HB3019                      “Yea”

            367                  SB361                         “Yea”

At 11:30 a.m., the House of Delegates adjourned until 11:00 a.m., Friday, March 6, 2015.