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Monday, February 12, 2018

THIRTY-FOURTH 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 Friday, February 9, 2018, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Messages from the Executive

The following communication was laid before the House of Delegates and was read by the Clerk:

State of West Virginia

Office of the Governor

February 9, 2018

The Honorable Mac Warner

Secretary of State

State Capitol

Charleston, West Virginia 25305

Dear Secretary Warner:

Pursuant to W. Va. Code § 3-10-5, I have this day appointed Chanda Daniella Adkins, 108 Yorktown Court, Beckley, Raleigh County, West Virginia 25801, as a Delegate representing the Thirty-First District of the House of Delegates, to fill the vacancy created by the resignation of the Honorable Karen Lynn Arvon.

Sincerely,

Jim Justice,

Governor.

The Clerk announced that Delegate Adkins had taken the oath of office as prescribed by Section 16, Article VI of the Constitution of the State of West Virginia on February 9, 2018.

Committee Reports

Delegate Espinosa, Chair of the Committee on Education, submitted the following report, which was received:

Your Committee on Education has had under consideration:

H. B. 4298, The Campus Self Defense Act,

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. 4298) was referred to the Committee on the Judiciary.

Delegate Cooper, 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. 4361, Bestowing upon him or her graduating from a U. S. Military Academy with the highest grade point average the West Augusta Award,

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

Com. Sub. for H. B. 4361 – “A Bill to amend and reenact §9A-1-4 of the Code of West Virginia, 1931, as amended, relating to requiring the Veterans' Council to annually honor each West Virginian graduating from the U. S. Military Academy, the U. S. Naval Academy, the U. S. Air Force Academy and the U. S. Coast Guard Academy with the highest grade point average by bestowing upon him or her the West Augusta Award.”

With the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bill to the Committee on Education be dispensed with.

In the absence of objection, reference of the bill (Com. Sub. for H. B. 4361) to the Committee on Education was abrogated.

Delegate Westfall, Chair of the Committee on Banking and Insurance, submitted the following report, which was received:

Your Committee on Banking and Insurance has had under consideration:

S. B. 297, Eliminating taxation on annuity considerations collected by life insurer,

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

In accordance with the former direction of the Speaker, the bill (S. B. 297) was referred to the Committee on Finance.

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. 4015, Relating to the management and continuous inventory of vehicles owned, leased, operated, or acquired by the state and its agencies,

And reports back a committee substitute therefor, with a new title, as follows: Com. Sub. for H. B. 4015 – “A Bill to repeal §5A-3-49 of the Code of West Virginia, 1931, as amended; to amend and reenact §5A-1-2 of said code; to amend and reenact §5A-3-52 of said code; to amend said code by adding thereto a new article, designated §5A-12-1, §5A-12-2, §5A-12-3, §5A-12-4, §5A-12-5, §5A-12-6, §5A-12-7, §5A-12-8, §5A-12-9, §5A-12-10, §5A-12-11, §5A-12-12, §5A-12-13 and §5A-12-14; to amend said code by adding thereto a new section, designated §12-6D-7; to amend and reenact §17A-3-23 of said code; to amend said code by adding thereto three new sections, designated §17A-3-25, §17A-3-26, and §17A-3-27; and to amend and reenact §29B-1-4 of said code, all relating to the management and continuous inventory of vehicles owned, leased, operated, or acquired by the state and its agencies; repealing provisions relating to the central motor pool; continuing management of state owned or leased aircraft through an Aviation Division; continuing the Fleet Management Office as the Fleet Management Division; defining terms; providing powers and duties of the division director; continuing the Fleet Management Office Fund as the Fleet Management Division Fund; requiring spending units designate fleet coordinators; requiring reporting of state vehicles use to the division; requiring fleet coordinator annual reporting to the division; requiring reporting to the State Agency for Surplus Property; requiring reporting to centralized inventory system as maintained by Enterprise Resource Planning Board; providing for spot compliance audits by the State Auditor; requiring legislative compliance audits; requiring new title, registration, and license plates for state vehicles; allowing the Commissioner of the Division of Motor Vehicles to issue special plates to organizations and entities; requiring agencies to apply for a new uniform vehicle title and registration plate; providing for a citation to drivers of vehicles without the proper license plate; exempting confidential information relating to certain vehicles from public disclosure under the Freedom of Information Act; authorizing rule-making; and requiring annual reports to the Governor and Legislature,”

With the recommendation that the committee substitute do pass, 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 (Com. Sub. for H. B. 4015) to the Committee on Finance was abrogated.

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

Your Committee on Finance has had under consideration:

H. B. 2694, Relating to the development and implementation of a program to facilitate commercial sponsorship of rest areas,

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

Com. Sub. for H. B. 2694 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-4-55, relating to the study of the feasibility of the development and implementation of a program to facilitate commercial sponsorship of rest areas, welcome centers, roads, and vehicles; providing for sponsorship agreements; providing for agreement requirements; providing for disposition of funds received from agreements; providing for the promulgation of emergency or legislative rules; and providing for a report of the status of the program,”

H. B. 2890, Establishing a Library Facilities Improvement Fund that will serve to support library facilities construction, maintenance and improvement projects,

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

Com. Sub. for H. B. 2890 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §10-1-24, relating to establishing a Library Facilities Improvement Fund that will serve to support library facilities construction, maintenance and improvement projects; setting forth general structure of fund and distribution of funds; and providing for rulemaking,”

And,

H. B. 3104, Transfer of the West Virginia Traumatic Brain and Spinal Cord Injury Rehabilitation Fund,

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

Com. Sub. for H. B. 3104 - “A Bill to amend and reenact the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §9-10-1, §9-10-2, §9-10-3, §9-10-4, §9-10-5 and §9-10-6; to amend and reenact §18-10K-1 of said code; and to repeal §18-10K-2, §18-10K-3, §18-10K-4, §18-10K-5 and §18-10K-6 of said code, all relating to transferring administration of the West Virginia Traumatic Brain and Spinal Cord Injury Rehabilitation Fund to the Department of Health and Human Resources; abolishing the West Virginia Traumatic Brain and Spinal Cord Injury Rehabilitation Fund Board; transferring the powers, duties and records of the West Virginia Traumatic Brain and Spinal Cord Injury Rehabilitation Fund Board to the Department of Health and Human Resources; and transferring the powers and duties of the Division of Rehabilitation Services related to administering the West Virginia Traumatic Brain and Spinal Cord Injury Rehabilitation Fund to the Department of Health and Human Resources,”

With the recommendation that the committee substitutes each do pass.

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

Your Committee on Finance has had under consideration:

H. B. 4433, Declaring certain claims against an agency of the state to be moral obligations of the state,

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:

H. B. 4357, West Virginia Small Wireless Facilities Deployment Act,

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 Finance.

In accordance with the former direction of the Speaker, the bill (H. B. 4357) was referred to the Committee on Finance.

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

Your Committee on Judiciary has had under consideration:

H. B. 4434, Clarifying provisions relating to candidates unaffiliated with a political party as it relates to certificates of announcement.

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

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

Your Committee on Judiciary has had under consideration:

Com. Sub. for S. B. 154, Authorizing Department of Administration to promulgate legislative rules,

And,

Com. Sub. for S. B. 184, Authorizing DOT promulgate legislative rules.

And reports the same back with the recommendation that they each 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:

H. B. 4154, Establishing the 2018 Regulatory Reform Act,

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

Com. Sub. for H. B. 4154 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-8-1, §5B-8-2, §5B-8-3, §5B-8-4, §5B-8-5, §5B-8-6, §5B-8-7, §5B-8-8, §5B-8-9, and §5B-8-10, all relating to establishing the 2018 Regulatory Reform Act; providing legislative findings; defining terms; providing for an application process with the Development Office to request a project be classified as a project of critical economic concern; requiring state agencies to provide for expeditious review of a permit application even absent a designation as a project of critical economic concern; establishing a procedure for the filing of a certificate of critical economic concern with state agencies and the Development Office; providing for agencies to adopt an expedited permit fee; providing for timelines, reports, and written explanations for expedited permit review; clarifying a certificate of critical concern is not a blanket waiver and does not guarantee a permit will be granted; requiring the executive director to report to the Governor and the Joint Committee on Government and Finance on or before November 1, 2019 and on or before every November 1st thereafter regarding the success of this article; and granting the Development Office with procedural rulemaking authority to implement the provisions of this article,”

H. B. 4268, Co-tenancy Modernization and Majority Protection Act,

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

Com. Sub. for H. B. 4268 - “A Bill to amend and reenact §22C-9-3 and §22C-9-4 of the Code of West Virginia, 1931, as amended, to amend and reenact §37-7-2 of said code; and to amend said code by adding thereto a new chapter, designated §37B-1-1, §37B-1-2, §37B-1-3, §37B-1-4, §37B-1-5, §37B-1-6, §37B-1-7, §37B-2-1, §37B-2-2, §37B-2-3, §37B-2-4, §37B-2-5, §37B-2-6, §37B-2-7, §37B-2-8, and §37B-2-9, all relating generally to real property; providing an exception to waste and trespass for certain oil or natural gas developments; providing short titles; providing declarations of public policy and legislative findings; providing definitions; providing that consent for the lawful use and development of oil or natural gas mineral property by the persons owning an undivided three fourths of the royalty interests, as defined, in an oil or natural gas mineral property is permissible, is not waste, and is not trespass; providing that nonconsenting cotenants may elect a production royalty interest or a working interest share of production; providing that interests owned by unknown or unlocatable owners be reserved, reported, and deposited in a fund hereby created, known as the Unknown and Unlocatable Interest Owners Fund, to be administered by the State Treasurer in conjunction with the West Virginia Uniform Unclaimed Property Act until said reserved interests are claimed or transferred to the Oil and Gas Reclamation Fund for the plugging of oil and gas wells; providing methods for determination of leasehold and contractual terms, including reviews and determinations by the Oil and Gas Conservation Commission; empowering the Oil and Gas Conservation Commission to enforce certain provisions hereof; providing liability protection for damages resulting from the lawful use or development of oil or natural gas mineral property; requiring surface use agreements in specified circumstances; providing a mechanism for surface owners to acquire title to certain severed oil and gas interests; preserving common law rights; providing for severability of provisions; providing reporting requirements and administrative duties, including civil penalties for noncompliance under the West Virginia Uniform Unclaimed Property Act; and providing for rule-making authority,”

And,

H. B. 4270, Providing for the timely payment of moneys owed from oil and natural gas production,

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

Com. Sub. for H. B. 4270 - “A Bill to amend and reenact §22-6-22 of the Code of West Virginia, 1931, as amended, and to amend said code by adding a new chapter, designated §37B-1-1, §37B-1-2, and §37B-1-3, all relating generally to real property; providing for timely payment of moneys owed from oil and natural gas production; establishing interest penalties for certain late payments; requiring specified information to be remitted with payments; requiring quarterly reporting of production data to Department of Environmental Protection; and providing for rule-making authority,”

With the recommendation that the committee substitutes each do pass.

Messages from the Senate

A message from the Senate, by

The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, a bill of the House of Delegates as follows:

Com. Sub. for H. B. 4135, Updating the meaning of federal taxable income and certain other terms used in the West Virginia Corporation Net Income Tax Act.

A message from the Senate, by

The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, a bill of the House of Delegates as follows:

H. B. 4146, Updating meaning of federal adjusted gross income and certain other terms used in West Virginia Personal Income Tax Act.

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. 78 - “A Bill to amend and reenact §11-21-12d of the Code of West Virginia, 1931, as amended, relating to continuing personal income tax adjustment to gross income of certain retirees receiving pensions from defined pension plans that terminated and are being paid a reduced maximum benefit guarantee”; which was referred to the Committee on Pensions and Retirement 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. 271 - “A Bill to amend and reenact §5A-2-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §5A-2B-1, §5A-2B-2, §5A-2B-3, and §5A-2B-4, all relating to creating the Shared Services Section within the Finance Division of the Department of Administration; authorizing the appointment of a deputy director; setting qualifications for the deputy director; authorizing the hiring of necessary personnel; setting minimum services to be provided by Shared Services Section; authorizing reasonable fees to be charged; requiring development of cost-performance assessment; providing for reporting of certain information by spending units to the Shared Services Section; providing for reports to the Governor and Joint Committee on Government and Finance; providing legislative and emergency rule-making authority; requiring certain spending units to enter into agreement with Shared Services Section for provision of accounting and financial services; permitting certain spending units to enter into agreement with Shared Services Section for provision of accounting and financial services; providing for probationary period and corrective action plan for certain spending units; granting deputy director authority to decline to enter into agreement for provision of services under certain circumstances; authorizing spending unit to cancel agreement with Shared Services Section under certain circumstances; and creating a new special revenue fund”; 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

Com. Sub. for S. B. 283 - “A Bill to amend and reenact §5-22-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §5A-3-10b, §5A-3-10c, §5A-3-10e, §5A-3-33d, §5A-3-33f, §5A-3-37, and §5A-3-45 of said code; to amend said code by adding thereto a new section, designated §5A-3-61; to amend and reenact §5G-1-3 of said code; to amend and reenact §6D-1-1 of said code; and to amend and reenact §18B-5-4 of said code, all relating generally to procurement by state agencies; defining terms; authorizing competitive bidding of certain open-ended repair and maintenance contracts; modifying use and consideration of alternates in solicitations; prohibiting alternates from being accepted out of order; modifying criteria to be considered in best value procurement awards; eliminating sole source procurement; establishing direct award procurement requirements; establishing prequalification agreements and their requirements and procedures; authorizing agency-delegated bidding and its procedure; increasing certain cost limits from $50,000 to $1 million; authorizing awarding contracts without competitive bidding if certain requirements are met; eliminating master contracts and direct ordering process; expanding the scope of those who may be debarred; eliminating preferences for resident vendors, vendors employing state residents, and veteran residents; establishing the concept of ‘reciprocal preference’ for an in-state vendor over an out-of-state vendor from any state that gives or requires a preference to bidders from that state and setting forth its requirements; modifying the value determination of certain motor vehicles that are to be sold; permitting funds from sale of surplus property be deposited in alternate fund if original fund no longer exists; permitting spending units to use a standardization process to purchase commodities and setting forth its requirements; permitting an architectural or engineering firm to be selected without bidding if certain conditions exist; increasing certain contract limits from $100,000 to $1 million; requiring certain reporting; and authorizing rulemaking”; 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

Com. Sub. for S. B. 335 - “A Bill to amend and reenact §3-8-12 of the Code of West Virginia, 1931, as amended; to amend and reenact §21-1A-4 of said code; and to amend and reenact §21-5-1 and §21-5-3 of said code, all relating to withholding or diverting an employee’s wages or salary; prohibiting any person from coercing or intimidating any employee into making a political contribution or engaging in any form of political activity; prohibiting employers and any other persons responsible for the disbursement of wages and salaries from withholding or diverting any portion of an employee’s wages or salary for political activities without express, written authorization; providing that the prohibition against withholding or diverting wages for political activities applies to any written or oral contract or agreement entered into, modified, renewed, or extended on or after July 1, 2018, and shall not otherwise apply or abrogate a written or oral contract or agreement in effect on or before June 30, 2018; providing that certain violations are not subject to civil and criminal penalties; providing that certain violations are governed under the Wage Payment and Collections Act; making it an unfair labor practice under the Labor-Management Relations Act for the Private Sector for a labor organization to use agency shop fees paid by nonmembers for political activities unless affirmatively authorized by the individual; providing that an authorization is valid for no more than 12 months from the date it is made; defining ‘agency shop fees’; providing that the provisions shall not otherwise apply to or abrogate a written or oral contract of agreement or any provisions in effect on or before June 30, 2018; modifying the definitions of ‘wages’, ‘deductions’, and ‘fringe benefits’; removing the requirement that an assignment or order be acknowledged by the party making the same before a notary public or other official authorized to take acknowledgments; requiring that an assignment or order shall be in writing; and providing that the changes made to the assignment of wages during the regular session of the Legislature, 2018, apply to any written or oral contract or agreement entered into, modified, renewed, or extended on or after July 1, 2018, and shall not otherwise apply or abrogate a written or oral contract or agreement in effect on or before June 30, 2018”; 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. 346 - “A Bill to amend and reenact §20-2B-7 of the Code of West Virginia, 1931, as amended, relating to permitting full-time, nonresident students attending an in-state college or university to purchase lifetime resident statewide hunting, trapping, trout fishing, and fishing licenses”; which was referred to the Committee on Agriculture and Natural Resources then Finance.

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. 379 - “A Bill making a supplementary appropriation from the balance of moneys remaining as an unappropriated balance in the State Fund, State Excess Lottery Revenue Fund, to the Department of Health and Human Resources, Division of Human Services, fund 5365, fiscal year 2018, organization 0511, by supplementing and amending the appropriations for the fiscal year ending June 30, 2018”; 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, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

S. B. 382 - “A Bill making a supplementary appropriation of Lottery Net Profits from the balance of moneys remaining as an unappropriated balance in Lottery Net Profits to the Bureau of Senior Services - Lottery Senior Citizens Fund, fund 5405, fiscal year 2018, organization 0508, by supplementing and amending the appropriations for the fiscal year ending June 30, 2018”; 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

Com. Sub. for S. B. 395 - “A Bill to amend and reenact §22B-1-9 of the Code of West Virginia, 1931, as amended; to amend and reenact §22B-2-3 of said code; to amend and reenact §22B-3-3 of said code; and to amend and reenact §22B-4-3 of said code, all relating to the general provisions for judicial review of final orders of various environmental boards; providing for appeal directly to the West Virginia Supreme Court, except in certain cases; requiring petition be filed within 30 days of entry of the final order; providing that appeal does not automatically stay any final order or action approved by a board; authorizing the chief or director to employ outside legal counsel without approval of the Attorney General; and providing that decisions of the Air Quality Board, Environmental Quality Board, and Surface Mine Board may be directly appealed to the Supreme Court of Appeals, except in certain cases”; 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. 404 - “A Bill to amend and reenact §15-12-2 and §15-12-4 of the Code of West Virginia, 1931, as amended, all relating generally to the sex offender registry; adding required information to be provided to the registry by offenders; and clarifying the duration of registration for qualifying offenders as related to offenses involving perceived minors is life”; 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 a joint resolution, which was read by its title and referred to the Committee on the Judiciary as follows:

Com. Sub. for S. J. R. 12 – “Proposing an amendment to the Constitution of the State of West Virginia, amending article VI thereof, by adding thereto a new section, designated section 57, relating to clarifying that nothing in the Constitution secures or protects a right to abortion, and nothing in the Constitution requires the funding of an abortion; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment”.

Resolutions Introduced

Delegates C. Miller, Sobonya, C. Romine, Hornbuckle, Wilson, Lovejoy, Rohrbach, Butler, Higginbotham and Maynard offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 64 - “Requesting the Division of Highways to name a portion of U.S. Route 60, beginning at mile marker 20.57 and ending at mile marker 25.38 in Cabell County, the ‘USMC Cpl Hershel ‘Woody’ Williams Highway’.”

Whereas, Corporal Hershel “Woody” Williams was born on October 2, 1923, on a dairy farm in Quiet Dell, West Virginia. In October 1945, he married Ruby Meredith, and they had two daughters; and

Whereas, Corporal Williams enlisted in the United States Marine Corps and served in the Battle of Iwo Jima with the 21^st Marines, 3^rd Marine Division. During the battle, Corporal Williams displayed “valiant devotion to duty” and service above self as he “enabled his company to reach its objective.” His actions, commitment to his fellow service members, and heroism were recognized on October 5, 1945, when he received the Congressional Medal of Honor from President Truman at the White House. Corporal Williams is the sole surviving Marine from WWII to wear the Medal of Honor; and

Whereas, Corporal Williams’ Medal of Honor Citation reads: “For conspicuous gallantry and intrepidity at the risk of his life above and beyond the call of duty as demolition sergeant serving with the 21^st Marines, 3d Marine Division, in action against enemy Japanese forces on Iwo Jima, Volcano Islands, February 23,1945. Quick to volunteer his services when our tanks were maneuvering vainly to open a lane for the infantry through the network of reinforced concrete pillboxes, buried mines, and black volcanic sands, Cpl. Williams daringly went forward alone to attempt the reduction of devastating machinegun fire from the unyielding positions. Covered only by four riflemen, he fought desperately for four hours under terrific enemy small-arms fire and repeatedly returned to his own lines to prepare demolition charges and obtain serviced flamethrowers, struggling back, frequently to the rear of hostile emplacements, to wipe out one position after another. On one occasion, he daringly mounted a pillbox to insert the nozzle of his flamethrower through the air vent, killing the occupants and silencing the gun; on another he grimly charged enemy riflemen who attempted to stop him with bayonets and destroyed them with a burst of flame from his weapon. His unyielding determination and extraordinary heroism in the face of ruthless enemy resistance were directly instrumental in neutralizing one of the most fanatically defended Japanese strong points encountered by his regiment and aided vitally in enabling his company to reach its objective. Cpl. Williams’ aggressive fighting spirit and valiant devotion to duty throughout this fiercely contested action sustain and enhance the highest traditions of the U.S. Naval Service”; and

Whereas, After his discharge in November 1945, Corporal Williams served in the Marine Corps Reserve, retiring in 1969. From 1946 to 1979, he was a counselor with the Veterans Administration, working with veterans from West Virginia; and

Whereas, Devotion to duty, service members, veterans, and their families began long before the battle and before Corporal Williams entered the Corps. As World War II began, he came into direct contact with families in his own community when he delivered Western Union telegrams informing the Gold Star families of the deaths of their loved ones. Corporal Williams says that those experiences gave him a “greater appreciation for life and an understanding of a difference in death in the normal world as expected in life, and those lost serving in the military for their country.” He noted that “consideration and recognition of the families of those lost in war was very inadequate.” This observation and his personal commitment to veterans and their families led him to help create the Hershel Woody Williams Medal of Honor Foundation in 2012; and

Whereas, The activities of this foundation allow Corporal Williams to continue his devotion and commitment to those who have served and the Gold Star families who have lost loved ones. His foundation is focused on honoring Gold Star families and their fallen heroes by establishing Gold Star Families Memorial Monuments in communities in all fifty states, offering scholarships to Gold Star children, sponsoring outreach programs and events, and educating communities about Gold Star families and the sacrifices they have endured; and

Whereas, To date, Corporal Williams and his foundation are responsible for establishing thirty-one Gold Star Families Memorial Monuments across the United Stated with fifty-one other monuments underway in thirty-nine states. The foundation continues to grow its reach by being involved in multiple initiatives across the country from Manchester, New Hampshire to Kaneohe Bay, Hawaii; and

Whereas, Corporal Williams served as the Commandant of the Veterans Nursing Home in Barboursville for nearly 10 years, helping veterans who were often in their last years of life. Still today, he serves on the Governor’s Military Advisory Board in the State of West Virginia. This Legislature included him in the Hall of Fame and named him a Distinguished West Virginian in 1980 and in 2013. Corporal Williams is on the “Wall of Fame” in the Civic Center in the City of Huntington, nominated and selected by the former recipients who received this honor; and

Whereas, Corporal Williams’ actions have often been recognized by our military and its highest officers. Most recently the Secretary of the Navy named T-ESB 4 (Expeditionary Sea Base Ship 4), the USNS Hershel “Woody” Williams mobile base sea vessel. It is expected to enter Navy service in early 2018; and

Whereas, In his hometown of Fairmont, the $32 million Hershel ‘Woody’ Williams Armed Forces Reserve Center is the only National Guard facility in the country named after a Marine. The VFW post in Fairmont is named the Hershel ‘Woody’ Williams Post 7048. The main bridge in Barboursville is named for him as well; and

Whereas, Corporal Williams also remains active, talking to church, youth, and veterans’ groups, and has penned dozens of resolutions to help veterans and other causes in West Virginia and throughout the United States; 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 60, beginning at mile marker 20.57 and ending at mile marker 25.38 in Cabell County, the “USMC Cpl Hershel ‘Woody’ Williams Highway”; 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 “USMC Cpl Hershel ‘Woody’ Williams Highway”; and, be it

Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the Commissioner of the Division of Highways.

Delegates Eldridge, Maynard, R. Miller, Rodighiero, Thompson, Hicks, Hornbuckle, Marcum, Phillips, C. Romine and C. Miller offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 65 - “Requesting the Division of Highways to name the road from the mouth of Harts Creek on Harts Creek Road 1.2 miles to Warrens Way off SR 10 on CR 19, Lincoln County, the ‘U. S. Army CPL George Browning Memorial Road’.”

Whereas, George Edward Browning was born on January 28, 1949, in Harts, Lincoln County, West Virginia. Corporal George Edward Browning was an infantryman in A Troop, 3rd Squadron, 4th Cavalry, 25th Infantry Division, U. S. Army. He began his tour of duty on January 1, 1968 in Vietnam and was killed in action on March 28, 1968, in Tay Ninh Province, South Vietnam; and

Whereas, Naming the road from the mouth of Harts Creek on Harts Creek Road to Warrens Way 1.2 mile off SR 10 on CR 19, Lincoln County, the “U. S. Army CPL George Browning Memorial Road” is an appropriate recognition of his ultimate sacrifice to his country, state and Lincoln County; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name the road from the mouth of Harts Creek on Harts Creek Road to Warrens Way 1.2 mile off SR 10 on CR 19 Lincoln County, the “U. S. Army CPL George Browning Memorial Road”; and, be it

Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the road as the “U. S. Army CPL George Browning Memorial Road”; and, be it

Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the Commissioner of the Division of Highways.

Delegates Sponaugle and A. Evans offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

H. C. R. 66 - “Requesting the Division of Highways to name bridge number 36-33-33.85 (36A165), locally known as River Gap Bridge, carrying US 33 over South Branch Potomac River in Pendleton County, the ‘Dr. H. Luke Eye Memorial Bridge’.”

Whereas, Dr. H. Luke “Doc” Eye was born on July 9, 1928, in Pendleton County, and attended West Virginia University for his undergraduate studies, and then the University of Maryland School of Medicine; and

Whereas, Dr. Eye began his medical career in Pendleton County, working with other local doctors before starting his own medical practice to provide health care services to the residents of Pendleton County; and

Whereas, Dr. Eye was instrumental in renovating the Franklin High School interior, restoring the Thorn Spring Park, and raising funds to make the Potomac Highlands Rec Center a reality in the late 1990s; and

Whereas, Dr. Eye held many positions outside of his capacity as a doctor. He was the county coroner, Medical Director of Pendleton Manor, on the board of directors for the Pendleton County Health Department, a member of the church choir of the Franklin United Methodist Church, recipient of the Pendleton County Farm Bureau Farm Service Award, and recipient of a Lifetime Community Service Award; and

Whereas, Dr. H. Luke Eye passed away March 8, 2016, after a lifetime of service to Pendleton County and providing a face to the definition of a country doctor in rural America; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name bridge number 36-33-33.85 (36A165), locally known as River Gap Bridge, carrying US 33 over South Branch Potomac River in Pendleton County, the “Dr. H. Luke Eye Memorial Bridge”; and, be it

Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the “Dr. H. Luke Eye Memorial Bridge”; and, be it

Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the Commissioner of the Division of Highways.

Delegates Eldridge, Maynard, C. Romine, R. Miller, Rodighiero, Thompson, Hicks, Hornbuckle, Lovejoy, Love and C. Miller offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

H. C. R. 67 - “Requesting the Division of Highways to name the road from the beginning of Sand Creek Road on County Route 10/15 at the bend of the Guyandotte River and State Route 10 running one-half mile on Sand Creek Road in Lincoln County, the ‘U. S. Army CPL Wilson B. Lambert, Jr. Memorial Road’.”

Whereas, Wilson B. Lambert, Jr. was born on June 14, 1930, in Harts, Lincoln County, West Virginia. Corporal Wilson B. Lambert, Jr. was an infantryman in the Heavy Mortar Company, 38^th Infantry Regiment, 2^nd Division, and was injured on February 13, 1951, in Wonju, Korea. He received the Purple Heart, Combat Infantry Badge and Korean Service Medal with 2 Bronze Stars. Wilson B. Lambert, Jr. returned to West Virginia where he worked in coal mining and construction. He died on May 5, 2011; and

Whereas, Naming the road from the beginning of Sand Creek Road on County Route 10/15 at the bend of the Guyandotte River and State Route 10 running one-half mile on Sand Creek Road in Lincoln County, the “U. S. Army CPL Wilson B. Lambert, Jr. Memorial Road” is an appropriate recognition of his service to his country, state and Lincoln County; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name the road from the beginning of Sand Creek Road on County Route 10/15 at the bend of the Guyandotte River and State Route 10 running one-half mile on Sand Creek Road in Lincoln County, the “U. S. Army CPL Wilson B. Lambert, Jr. Memorial Road”; and, be it

Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the road as the “U. S. Army CPL Wilson B. Lambert, Jr. Memorial Road”; 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.

Delegates Maynard, Eldridge, C. Miller, Hornbuckle, C. Romine, Paynter, R. Miller, Cooper, Phillips, Dean and Love offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 68 - “Requesting the Division of Highways to name a 2.5-mile portion of Rt.19 beginning at CR 19/1 and ending at CR 70, the ‘U. S. Army SGT Douglas Thompson Memorial Road’.”

Whereas, Sergeant Douglas Thompson was born on June 30, 1950, in West Hamlin, Lincoln County, the son of Howard and Zevie A. Thompson; and

Whereas, Sergeant Thompson entered the United States Army in 1967 and served in A Company, 5^th Battalion, 7^th Calvary, 1^st Cavalry Division; and

Whereas, Sergeant Thompson died on August 14, 1970, in combat in Phuoc Long Province, Vietnam; and

Whereas, It is fitting that a proper memorial be established for this young man who gave his life in 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 2.5-mile portion of Rt. 19 beginning at CR 19/1 and ending at CR 70, the “U. S. Army SGT Douglas Thompson 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 Douglas Thompson Memorial Road”; and, be it

Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the Commissioner of the Division of Highways.

Delegates Marcum, Rodighiero, Hicks, Thompson, R. Miller 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. 69 - “Requesting the Division of Highways to name bridge number 30-119-14.28 (30A132), locally known as Myrtle Bridge, carrying US 119 over Trace Fork in Mingo County, the ‘James L. ‘Bud’ Hall, Sr. Memorial Bridge’.”

Whereas, James L. “Bud” Hall, Sr. was born in Delbarton, West Virginia on April 24, 1921, to the late Silas Hall and Lucretia Vernatter Hall; and

Whereas, Bud answered the call to serve his country during World War II, deploying twice to France including the Normandy Theater; and

Whereas, Bud’s military service ended in France when his jeep hit a land mine, killing all aboard but himself; and

Whereas, Bud suffered severe injuries in the blast, losing an eye and requiring surgery to replace part of his skull with a metal plate; and

Whereas, Like so many other young men sent to war, Bud suffered psychological trauma for the remainder of his life; and

Whereas, Despite the horrors he experienced, Bud persevered and raised a beautiful family with his beloved wife Janie, including daughters Audrey, Sarah and Margaret and sons James and Tom; and

Whereas, Bud left a lasting impact on those that knew him best including his son-in-law, friend and confidante, Robbie Mahone; and

Whereas, Bud’s life and his service is an enduring tribute to his community, his family and the State of West Virginia; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name bridge number 30-119-14.28 (30A132), locally known as Myrtle Bridge, carrying US 119 over Trace Fork in Mingo County, the “James L. ‘Bud’ Hall, Sr. 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 the bridge as the “James L. ‘Bud’ Hall, Sr. Memorial Bridge”; and, be it

Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the Commissioner of the Division of Highways.

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

H. C. R. 70 - “Requesting the Division of Highways to name bridge number 17-24-7.22 (17A148), locally known as Meadowbrook Bridge, carrying County Route 24 over West Fork River in Harrison County, the ‘U. S. Marine Sgt. Stephen E. Drummond Memorial Bridge’.”

Whereas, Stephen Edward Drummond was born January 15, 1931, in Spelter, West Virginia, the son of General Shafter Drummond and Ruby Freeman Drummond; and

Whereas, Stephen E. Drummond had three brothers, Robert, Eugene and Shafter “Brud” Drummond; and

Whereas, Stephen E. Drummond graduated from Victory High School in Clarksburg, West Virginia. He married Natalie Dodd, his childhood sweetheart, who was born on the same day and preceded him in death in 2009, and with whom he raised two children, daughter Ricki and son Jeff; and

Whereas, Stephen E. Drummond was drafted after high school graduation and became a proud U. S. Marine. After required training, the young Marine saw intense combat in Korea. One day before his tour of duty was to end in Korea, his leg was severely wounded by shrapnel at the Battle of Vegas during an intense Chinese offensive; and

Whereas, Marine Sgt. Stephen E. Drummond and other United Nations soldiers were captured and the Marine was held as a prisoner of war for four months; and

Whereas, Sg.t Drummond was released as a prisoner of war with the signing of the armistice on July 27, 1953; and

Whereas, Marine Sgt. Stephen E. Drummond was awarded the Purple Heart Medal, a United Nations Service Medal, National Defense Service Medal and the Korean Ambassador for Peace Medal; and

Whereas, After returning home to Spelter, Sgt. Drummond earned a bachelor’s degree from Fairmont State College and a master’s degree from Miami University of Ohio, and began a career of more than 20 years as a mentor, coach, teacher, principal, administrator and superintendent in various school systems; and

Whereas, Following retirement Sgt. Drummond enjoyed traveling, visiting family members and creating and selling his invention, Tara-Lite, for which he held a design patent; and

Whereas, Sgt. Steven Edward Drummond died November 23, 2013; and

Whereas, It is fitting to dedicate an enduring memorial to Stephen Edward Drummond in recognition of his service to his country, to his community and to the teaching profession; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name bridge number 17-24-7.22 (17A148), locally known as Meadowbrook Bridge, carrying County Route 24 over West Fork River in Harrison County, the “U. S. Marine Sgt. Stephen E. Drummond 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 identifying the bridge as the “U. S. Marine Sgt. Stephen E. Drummond Memorial Bridge”; and, be it

Further Resolved, That the Clerk of the House forward a copy of this resolution to the Commissioner of the Division of Highways.

Bills Introduced

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

By Delegates Hanshaw, Boggs and Shott:

H. B. 4488 - “A Bill to amend and reenact §20-14-1, §20-14-2, §20-14-3, §20-14-4, and §20-14-8 of the Code of West Virginia, 1931, as amended, all relating to the Hatfield-McCoy Recreation Authority; updating legislative findings; adding the counties of Braxton, Clay, Fayette, Nicholas, and Webster to the list of participating counties; modifying the number of board members and the method by which the board members are appointed; providing that 10 members of the board constitutes a quorum; prohibiting persons from consuming non-intoxicating beer, nonintoxicating craft beer, or wine at any time within the Hatfield-McCoy Recreation Area; prohibiting a child under the age of six from being allowed on any trail within the Hatfield-McCoy Recreation Area; prohibits children under the age of eight years who are required to be in a child passenger safety device while occupying a motor vehicle from being allowed on any trail within the Hatfield-McCoy Recreation Area; and requiring all persons operating or riding upon an ATV, UTV, or motorcycle to follow the manufacturer’s recommendations for that vehicle relating to age and size limitations for operators and passengers”; to the Committee on Roads and Transportation then the Judiciary.

By Delegates Storch, Hamrick, Ellington, Barrett, Ferro and R. Romine:

H. B. 4489 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §55-19-1, §55-19-2, §55-19-3, §55-19-4, §55-19-5, §55-19-6, §55-19-7, §55-19-8, §55-19-9, §55-19-10, §55-19-11, §55-19-12, §55-19-13, §55-19-14, §55-19-15, §55-19-16, §55-19-17, §55-19-18, §55-19-19, §55-19-20, §55-19-21, §55-19-22, §55-19-23, §55-19-24, §55-19-25, §55-19-26, §55-19-27, and §55-19-28, all relating to establishing uniform requirements and authority for a receiver appointed by a court for management of commercial real estate during certain matters pending before the court”; to the Committee on the Judiciary.

By Delegates Harshbarger, Hollen, Paynter, R. Romine, Ward, Atkinson, Martin and Butler:

H. B. 4490 - “A Bill to amend and reenact §22-6-8 of the Code of West Virginia, 1931, as amended, relating to oil and gas permits not to be on flat well royalty leases; legislative findings and declarations; permit requirements”; to the Committee on Energy then the Judiciary.

By Delegates Bates, Fluharty, Byrd, Hornbuckle, Pushkin, Barrett, Sponaugle, Canestraro, Williams, Robinson and Caputo:

H. B. 4491 - “A Bill to amend the Code of West Virginia, 1931, by adding thereto a new article, designated §16A-17-1, §16A-17-2, §16A-17-3, §16A-17-4, §16A-17-5, §16A-17-6, §16A-17-7, §16A-17-8, and §16A-17-9, all relating to legalizing cannabis production, sales and adult consumption; providing legislative purpose and findings; defining terms; legalizing the possession of one ounce or less of cannabis and cannabis products by adults; authorizing production, sales, transfer and transport of cannabis upon passing county referendums; providing procedure for county commissions to authorize county referendum on legislation of production and sales; establishing mechanisms for permitting and licensing production and sales facilities by the Bureau for Public Health and localities; authorizing the Bureau for Public Health to promulgate rules, establish licensing and administrative penalties relating to the production, sales, transfer and transport cannabis in authorizing counties; authorizing the Department of Revenue to promulgate rules and administer tax collections; authorizing localities to regulate manufacturing and sales locations; authorizing a special excise tax on cannabis; creating a new fund and dedicating proceeds of the fund; authorizing county local sales tax to be collected and used for the benefit of county and municipal governments; providing current laws relating to employment, vehicle operation, underage use or private property use preserved; and that the operation of this article is not intended to alter state medical cannabis act”; to the Committee on Health and Human Resources then the Judiciary then Finance.

By Delegates Moore and Lane:

H. B. 4492 - “A Bill to repeal §33-6A-4a and §33-6A-4b of the Code of West Virginia, 1931, as amended, and to amend and reenact §33-6A-4 of said code, all relating to the renewal of automobile insurance policies in West Virginia”; to the Committee on Banking and Insurance then the Judiciary.

By Delegates Lane, Walters, Byrd and Robinson:

H. B. 4493 - “A Bill to amend and reenact §3-1-44 of the Code of West Virginia, 1931, as amended, relating to permitting county commissions to set compensation of election officials at any primary, general, municipal or special election, except for special election for a constitutional amendment to the Committee on Political Subdivisions then the Judiciary.

By Delegates Byrd, Cowles, Miley, Shott, Pushkin, Harshbarger, Rowe, McGeehan, Robinson, Ward and Queen:

H. B. 4494 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17A-6-1c, relating to authorizing certain motor vehicle manufacturers to operate as new car dealers”; to the Committee on the Judiciary.

By Delegates Pushkin, Hornbuckle, Rowe and Fleischauer:

H. B. 4495 - “A Bill to amend and reenact §16-18-25 and §16-18-26 of the Code of West Virginia, 1931, as amended, all relating to requiring urban renewal authorities to submit active, amended, and proposed urban renewal projects and plans to the affected local county boards of health for review and comment; requiring urban renewal authorities to meet with municipalities and communities regarding those projects and plans; and requiring urban renewal authorities to make reports and make them available to the affected local county boards of health and local residents”; to the Committee on Political Subdivisions then Government Organization.

By Delegates Phillips, Frich, Walters, Westfall, Hollen, Rowe, Criss, White, Byrd and Maynard:

H. B. 4496 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §47-11G-1, §47-11G-2, and §47-11G-3, all relating to establishing the responsibilities of persons providing credit card processing services in the state; setting forth the required disclosures and prohibitions; establishing a maximum early termination fee; setting forth penalties and enforcement; and setting forth its applicability and exclusions”; to the Committee on Banking and Insurance then the Judiciary.

By Delegates Hamrick, Ward, Cowles, Byrd and Howell:

H. B. 4497 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-1F-12, relating to exempting spouses of active military personnel from fees associated with occupational or professional licensing”; to the Committee on Government Organization then Finance.

By Delegates Hamrick, Ward, McGeehan and Howell:

H. B. 4498 - “A Bill to amend and reenact §8-13-13 of the Code of West Virginia, 1931, as amended, relating to charges for municipal services; prohibiting a municipality from requiring employers or other third parties to withhold a user fee from compensation due an employee; specifying that a user fee may not be imposed on a state officer or an employee of the state because of their employment status; and prohibiting the State Auditor and state employing units from withholding from compensation due a state employee or officer a municipal user fee”; to the Committee on Political Subdivisions then Finance.

By Delegates Lane, Frich, White and Westfall:

H. B. 4499 - “A Bill to repeal §33-20-4a of the Code of West Virginia, 1931, as amended; to amend and reenact §33-6-8 of said code, and to amend and reenact sections §33-20-4 and §33-20-5 of said code, all relating to rate filings for personal lines of insurance”; to the Committee on Banking and Insurance then the Judiciary.

By Delegates Eldridge, Hornbuckle, A. Evans, Frich, Pushkin, Ellington, Campbell, R. Miller, Maynard, Love and Hamilton:

H. B. 4500 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-12E-10, relating to the creation of an Industrial Hemp Research and Development Grant Fund and an Industrial Hemp Research Fund to conduct research and development of industrial hemp for commercial purposes”; to the Committee on Agriculture and Natural Resources then Finance.

By Delegates C. Miller, Miley, Kessinger, Queen, Hamrick, Fleischauer, Iaquinta and Longstreth:

H. B. 4501 - “A Bill to amend and reenact §61-11A-8 of the Code of West Virginia, 1931, as amended, relating to allowing victims of certain crimes to get a restraining order prohibiting convicted persons from contacting or living in proximity to the victim, upon a finding that this has or will cause the victim emotional distress”; to the Committee on the Judiciary.

By Delegates Barrett, Kessinger, Moore, Sobonya, R. Miller, Lovejoy, Canestraro and Harshbarger:

H. B. 4502 - “A Bill to amend and reenact §62-1D-8 of the Code of West Virginia, as amended, relating to adding the crimes of murder and armed robbery to the list of offenses for which a prosecutor may apply for an order authorizing interception”; to the Committee on the Judiciary.

By Delegates Moore, Maynard, Ward, Martin, Paynter, Hanshaw, Hollen, Storch and Upson:

H. B. 4503 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §31-15D-1, §31-15D-2, §31-15D-3, §31-15D-4, §31-15D-5 and §31-15D-6; and to amend said code by adding thereto a new section, designated §33-3-14e, all relating to establishing a West Virginia business growth in low-income communities tax credit; providing title; defining terms; establishing amount of credit allowed; transferability; certification of qualified equity investment; recapture of tax credits; notice of noncompliance; letter rulings; new capital requirement; and reporting”; to the Committee on Small Business, Entrepreneurship and Economic Development then Finance.

By Delegates Brewer, E. Evans, Isner, Bates, Hartman, Diserio, Caputo, Lynch, R. Miller and Robinson:

H. B. 4504 - “A Bill to amend and reenact §5A-3-10a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §17-2A-24, all relating to prohibiting the awarding of public contracts to vendors and subcontractors indebted to the state or its political subdivisions; specifying that public construction contracts may not be awarded to vendors with debtor subcontractors; and establishing equivalent prohibitions on contracts for road and highway construction”; to the Committee on Industry and Labor then the Judiciary.

By Delegates Rowe, Pushkin, Hornbuckle, Pyles, Lynch, Fleischauer, White, Lane, Robinson and Longstreth:

H. B. 4505 - “A Bill to amend and reenact §2-2-1a of the Code of West Virginia, 1931, as amended, relating to the establishment of a special memorial day to be known as Juneteenth honoring human rights and the end of slavery in the United States; and encouraging all counties and municipalities in the state to do the same”; to the Committee on Political Subdivisions then Government Organization.

By Delegates Sobonya, Summers, Butler, Ward, Householder, Rohrbach, C. Miller, Hollen and C. Romine:

H. B. 4506 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29A-1-3c, relating to requiring agencies of the state, county or municipality that have authority to issue citations for violations of rules or law, to furnish a copy of the rule or law to the person accused”; to the Committee on the Judiciary.

By Delegates Sobonya, C. Miller, C. Romine, Overington, Espinosa, Howell, Fast, Rowan, Hollen, Frich and Lovejoy:

H. B. 4507 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8-8a, relating to prostituting a child by a parent, guardian, custodian or other person in a position of trust; and establishing criminal penalties”; to the Committee on the Judiciary.

By Delegate Love:

H. B. 4508 - “A Bill to amend and reenact §21-11-10 of the Code of West Virginia, 1931, as amended, relating to requiring contractors to provide for the safety of the public during construction projects”; to the Committee on Industry and Labor then the Judiciary.

By Delegates Pushkin, Sobonya, Robinson, Summers, Fleischauer, Kessinger and Longstreth:

H. B. 4509 - “A Bill to amend and reenact §16-53-1 of the Code of West Virginia, 1931, as amended, relating to the establishment of substance abuse treatment facilities; and including facilities that provide peer-based services”; to the Committee on Prevention and Treatment of Substance Abuse then Health and Human Resources.

By Delegate Hanshaw:

H. B. 4510 - “A Bill to amend and reenact §22B-1-9 of the Code of West Virginia, 1931, as amended, and to amend and reenact §22B-2-3 of said code; and to amend and reenact §22B-3-3 of said code, and to amend and reenact §22B-4-3 of said code, all relating to the general provisions for judicial review, providing that decisions of the Air Quality Board, Environmental Quality Board, and Surface Mine Board may be directly appealed to the Supreme Court of Appeals except in certain cases, and providing further that a petition for appeal must be perfected within 30 days after the entry of an order of a board”; to the Committee on the Judiciary.

By Delegates Shott, Hanshaw, Ellington, Howell, Frich, Zatezalo and Anderson:

H. B. 4511 - “A Bill to amend and reenact §62-1C-1a and §62-1C-3 of the Code of West Virginia, 1931, as amended, all relating to modifying bail requirements”; to the Committee on the Judiciary.

By Delegate Gearheart:

H. B. 4512 - “A Bill to amend and reenact §17-16A-11 of the Code of West Virginia, 1931, as amended, relating to the State Road Construction Account; providing that expenditures from the account be supplemental to certain funds scheduled to be allocated for certain projects in the counties eligible for projects funded from the account”; to the Committee on Roads and Transportation then Finance.

Special Calendar

Third Reading

Com. Sub. for H. B. 2841, Requiring board members to have attended a board meeting to be compensated for the meeting; 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. 76), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

Absent and Not Voting: 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. 2841) 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. 4142, Providing certain employees of the Division of Corrections, Division of Juvenile Services, and West Virginia Regional Jail and Correctional Facility Authority a salary adjustment; 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. 77), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

Absent and Not Voting: 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. 4142) 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. 4320, Limiting the ability of an agent under a power of attorney to take self-benefiting actions; 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. 78), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

Absent and Not Voting: 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. 4320) passed.

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

H. B. 4380, Making a supplementary appropriation to the Department of Agriculture; 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. 79), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

Absent and Not Voting: Moore.

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4380) passed.

Delegate Cowles moved that the bill take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 80), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

Absent and Not Voting: Moore.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4380) takes effect from its passage.

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

H. B. 4381, Making a supplementary appropriation to the Department of Education; 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. 81), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

Absent and Not Voting: Moore.

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4381) passed.

Delegate Cowles moved that the bill take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 82), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

Absent and Not Voting: Moore.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4381) takes effect from its passage.

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

H. B. 4384, Making a supplementary appropriation to the Department of Transportation; 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. 83), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

Absent and Not Voting: Moore.

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4384) passed.

Delegate Cowles moved that the bill take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 84), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

Absent and Not Voting: Moore.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4384) takes effect from its passage.

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

H. B. 4386, Making a supplementary appropriation to the Department of Health and Human Resources, Division of Health – Community Mental Health Services; 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. 85), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

Absent and Not Voting: Moore.

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4386) passed.

Delegate Cowles moved that the bill take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 86), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

Absent and Not Voting: Moore.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4386) takes effect from its passage.

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

Second Reading

S. B. 62, Adjusting requirements for hiring school attendance directors; on second reading, coming up in regular order, was read a second time.

An amendment, recommended by the Committee on Education, was reported by the Clerk and adopted, amending the bill page one, section three, line fifteen, by striking out the words “with five or more years of experience”.

The bill was then ordered to engrossment and third reading.

Com. Sub. for S. B. 267, Increasing salaries of certain state employees; on second reading, coming up in regular order, was read a second time.

An amendment, recommended by the Committee on Finance, was reported by the Clerk, on page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:

“CHAPTER 15. PUBLIC SAFETY.

ARTICLE 2. WEST VIRGINIA STATE POLICE.

§15-2-5. Career progression system; salaries; exclusion from wages and hour law, with supplemental payment; bond; leave time for members called to duty in guard or reserves.

(a) The superintendent shall establish within the West Virginia State Police a system to provide for: The promotion of members to the supervisory ranks of sergeant, first sergeant, second lieutenant, and first lieutenant; the classification of nonsupervisory members within the field operations force to the ranks of trooper, senior trooper, trooper first class, or corporal; the classification of members assigned to the forensic laboratory as criminalist I-VIII; and the temporary reclassification of members assigned to administrative duties as administrative support specialist I-VIII.

(b) The superintendent may propose legislative rules for promulgation in accordance with ~~article three, chapter twenty-nine-a~~ §29A-3-1 et seq. of this code for the purpose of ensuring consistency, predictability, and independent review of any system developed under the provisions of this section.

(c) The superintendent shall provide to each member a written manual governing any system established under the provisions of this section and specific procedures shall be identified for the evaluation and testing of members for promotion or reclassification and the subsequent placement of any members on a promotional eligibility or reclassification recommendation list.

(d) Beginning on ~~July 1, 2011~~ July 1, 2018, members shall receive annual salaries payable at least twice per month as follows:

~~ANNUAL SALARY SCHEDULE (BASE PAY)~~

~~SUPERVISORY AND NONSUPERVISORY RANKS~~

~~Cadet During Training........................................................................................... $ 33,994~~

~~Cadet Trooper After Training................................................................................ $ 41,258~~

~~Trooper Second Year........................................................................................... 42,266~~

~~Trooper Third Year............................................................................................... 42,649~~

~~Senior Trooper...................................................................................................... 43,048~~

~~Trooper First Class............................................................................................... 43,654~~

~~Corporal................................................................................................................ 44,260~~

~~Sergeant................................................................................................................ 48,561~~

~~First Sergeant....................................................................................................... 50,712~~

~~Second Lieutenant................................................................................................ 52,862~~

~~First Lieutenant..................................................................................................... 55,013~~

~~Captain.................................................................................................................. 57,164~~

~~Major..................................................................................................................... 59,314~~

~~Lieutenant Colonel................................................................................................ 61,465~~

~~ANNUAL SALARY SCHEDULE (BASE PAY)~~

~~ADMINISTRATION SUPPORT SPECIALIST CLASSIFICATION~~

~~I ............................................................................................................................ 42,266~~

~~II ........................................................................................................................... 43,048~~

~~III .......................................................................................................................... 43,654~~

~~IV .......................................................................................................................... 44,260~~

~~V ........................................................................................................................... 48,561~~

~~VI .......................................................................................................................... 50,712~~

~~VII ......................................................................................................................... 52,862~~

~~VIII ........................................................................................................................ 55,013~~

~~ANNUAL SALARY SCHEDULE (BASE PAY)~~

~~CRIMINALIST CLASSIFICATION~~