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Tuesday, February 20, 2018

FORTY-SECOND 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 Monday, February 19, 2018, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

            Delegate Hanshaw, Chair of 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 19th day of February, 2018, 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:

            S. B. 62, Adjusting requirements for hiring school attendance directors,

            And,

            Com. Sub. for H. B. 2546, Allowing replacement costs of employer provided property to be deducted from an employee’s final paycheck if the property is not returned.  

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

On motion for leave, a bill was introduced (Originating in the Committee on Finance with the recommendation that it do pass), which was read by its title, as follows:

            By Delegates Nelson, Ambler, Butler, Espinosa, Frich, Householder, C. Miller,          Storch, Walters and Westfall:

            H. B. 4625 - “A Bill to amend and reenact §11B-2-20 of the Code of West Virginia, 1931, as amended, relating to allocating a portion of any general revenue surplus accruing after a fiscal year to the Public Employees Insurance Agency Financial Stability Fund; providing limit on balance of fund that suspends allocation; modifying portion allocated to revenue shortfall reserve fund; and terminating provisions.”

At the respective requests of Delegate Cowles, and by unanimous consent, the bill (H. B. 4625) was taken up for immediate consideration, read a first time and ordered to second reading.

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. 4219, Permitting employees of educational services cooperatives to participate in the State Teachers Retirement System,

            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:

H. B. 4540, Implementing a process for counties to obtain grants from an existing federal fund designated the Help America Vote Act Fund,

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. 4540) was referred to the Committee on Finance.

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. 4502, Adding the crimes of murder and armed robbery to the list of offenses for which a prosecutor may apply for an order authorizing interception,

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

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

And,

H. B. 4607, Prohibiting the banning of the use of recreational drones at state parks,

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

Com. Sub. for H. B. 4607 - “A Bill to amend and reenact §20-5-2 of the Code of West Virginia, 1931, as amended, relating to parks and recreation permitting the use of recreational drones at state parks; requiring persons who intend to operate drones to register with the superintendent prior to participating in the use of any drone; establishing certain criteria for the restricted operation of drones within State Parks, Forests, and Rail Trails; and clarifying that persons who operate droves assume full responsibility and liability,”

With the recommendation that the committee substitutes each do pass.

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. 4431, Establishing the Mountaineer Trail Network Recreation Authority,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 4431) was referred to the Committee on the Judiciary.

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

Your Committee on Government Organization has had under consideration:

H. B. 4534, Relating to the executive secretary of the Health Professional Licensing Boards,

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. 4534) 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. 4600, Authorizing employed investigators of the Board of Medicine, the Board of Osteopathy and the Board of Pharmacy to carry concealed handguns,         

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. 4600) was referred to the Committee on the Judiciary.

On motion for leave, a bill was introduced (Originating in the Committee on Government Organization and reported with the recommendation that it do pass), which was read by its title, as follows:

By Delegates Howell, Hamrick, Pack, Brewer, Jennings, Iaquinta, Ferro, Hill, Diserio,             Marcum and Maynard:

H. B. 4624 - “A Bill to amend and reenact §1-1-5 of the Code of West Virginia, 1931, as amended, relating to West Virginia coordinate systems; defining terms; and updating references.”

            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. 2983, Granting priority to roadway construction, reconstruction and maintenance for roadways prone to recurring floods that hinder ingress and egress,

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

Com. Sub. for H. B. 2983 – “A Bill to amend and reenact §17-2A-8 of the Code of West Virginia, 1931, as amended, relating to requiring the Commissioner of the Division of Highways to implement reasonable design techniques intended to minimize damage that may result from recurring floods within the purpose and need of the state road system, and relating to updating certain statutory references,”

            H. B. 4241, Transitioning foster children into managed care,

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

            Com. Sub. for H. B. 4241 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-5-27, relating to transitioning foster children into managed care,”

            And,

            H. B. 4289, Relating to disability pensions of municipal employees,

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

            Com. Sub. for H. B. 4289 - “A Bill to amend and reenact §8-22-24 of the Code of West Virginia, 1931, as amended, relating to disability pensions of municipal employees; removing provision relating to limitation of nonduty disability retirement; increasing amount of income that may be earned before an offset of benefits is required; and increasing that limit automatically when the minimum wage increases,”

            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, with a title amendment, a bill of the House of Delegates, as follows:

            Com. Sub. for H. B. 2831, Relating to the reconstitution of the Driver’s Licensing Advisory Board.

            On motion of Delegate Cowles, the House of Delegates concurred in the following amendment of the title by the Senate:

On page one, by striking out the title and inserting therefor a new title, to read as follows:

Com. Sub. for H. B. 2831 - “A Bill to amend and reenact §17B-2-7a of the Code of West Virginia, 1931, as amended, relating to the Driver’s Licensing Advisory Board; requiring one member of the advisory board to be a board certified neurologist licensed to practice medicine in this state; reducing number of physicians or surgeons serving on advisory board from four to three; permitting current appointees to advisory board to continue to serve until successors have been appointed; authorizing Commissioner of Motor Vehicles to request opinion of advisory board; requiring the board to respond to requests of the commissioner for opinions; providing reimbursement for advisory board members for actual and necessary expenses; requiring reimbursement to be consistent with guidelines of Travel Management Office; and eliminating sunset provision for advisory board.”

The bill, as amended by the Senate, was then put upon its passage.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 158), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

            Absent and Not Voting: Capito, Deem, Lane and White.

            So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2831) passed.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

            A message from the Senate, by

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

            S. B. 47 - “A Bill to amend and reenact §49-2-802 of the Code of West Virginia, 1931, as amended, relating to requiring Department of Defense family advocacy groups to be notified about any abuse or neglect of a child of a military person”; which was referred to the Committee on Veterans’ Affairs and Homeland Security 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. 87 - “A Bill to amend and reenact §20-2-42x of the Code of West Virginia, 1931, as amended, relating to allowing a person to purchase a Class XS resident senior hunting, fishing, and trapping license at the beginning of the year he or she becomes 65, if otherwise eligible”; which was referred to the Committee on Senior Citizen Issues then the Judiciary.

            A message from the Senate, by

            The Clerk of the Senate, announced concurrence in the amendments of the House of Delegates and the passage, as amended, to take effect from passage, of

            Com. Sub. for S. B. 165, Authorizing DHHR promulgate legislative rules.

            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. 339 - “A Bill to amend and reenact §5-16D-1, §5-16D-3, §5-16D-4, and §5-16D-6 of the Code of West Virginia, 1931, as amended, all relating to the West Virginia Retirement Health Benefit Trust Fund within the Public Employees Insurance Agency; modifying definitions to provide flexibility for compliance with the Governmental Accounting Standards Board guidance; defining new terms; and allowing the current allocation process for unfunded liability to continue”; 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

            S. B. 444 - “A Bill to repeal §17C-15-29 and §17C-15-38 of the Code of West Virginia, 1931, as amended, relating to repealing antiquated and inoperative provisions of the code regarding approval of safety glass and lighting in motor vehicles”; which was referred to the Committee on Roads and Transportation then Government Organization.

Resolutions Introduced

            Delegates Walters, C. Miller, Higginbotham, Espinosa, Graves, C. Romine, Rohrbach, Jennings, R. Romine, A. Evans, Deem, Ambler, Anderson, Cooper, Ellington, Harshbarger, Hollen, Kelly, Lane, Maynard, Overington, Pack, Paynter, Phillips, Storch, Ward and Westfall offered the following resolution, which was read by its title and referred to the Committee on Banking and Insurance then Rules:

H. R. 8 - “Urging the United States Congress and the President of the United States to enact legislation that would reinstate the separation of commercial and investment banking function that was in effect under the Glass-Steagall Act.”

Whereas, An effective money and banking system is essential to the functioning of the United States economy. Such a system must function in the public interest without any bias; and

Whereas, Since 1933, the Federal Banking Act, also referred to as the Glass-Steagall Act, has protected the public interest through the regulation of commercial and investment banking, insurance companies, and securities. Important provisions of the Glass-Steagall Act were repealed in 1999, partially contributing to the greatest speculative bubble and worldwide recession since the Great Depression; and

Whereas, The worldwide recession greatly affected our country's economy and citizens' lives. It left millions of homes in foreclosure and caused the loss of millions of jobs nationwide. The recession also put severe financial strains on states, counties, cities, and other municipalities, exacerbating unemployment and the loss of public services; and

Whereas, The United States House of Representatives and United States Senate have been making efforts to restore the protections of the Glass-Steagall Act. United States Representative Marcy Kaptur has introduced H.R. 381, known as the Return to Prudent Banking Act of 2015, which would revive the separation between commercial banking and the securities business in the manner provided by the Glass-Steagall Act. United States Senator Elizabeth Warren, along with Senators John McCain, Maria Cantwell, Angus King, and others have introduced the 21st Century Glass-Steagall Act (S. 1709), which would reduce risk for American taxpayers in the financial system and decrease the likelihood of future financial crises; and

Whereas, The Glass-Steagall Act has widespread national support from prominent economic and business leaders and national publications, including Thomas Hoenig of the Federal Deposit Insurance Corporation, former CEO of Citigroup Sanford Weill, economist Luigi Zingales, the New York Times, the St. Louis Post-Dispatch, the Los Angeles Times, and many others; and

Whereas, Resolutions demanding action to return to Glass Steagall protections have been introduced in over 25 states since 2013. Maine and South Dakota passed resolutions on the matter in both chambers of their legislatures in 2013. Alabama and Indiana houses of representatives adopted resolutions urging action to reinstate Glass-Steagall in the same year. Most recently, the Ohio House of Representatives introduced a resolution in its current session; and

Whereas, Overwhelming pressure must be brought to bear on members of the United States House of Representatives and the United States Senate to take action to pass this important legislation; therefore, be it

Resolved by the House of Delegates:

That we, in adopting this resolution, urge the United States Congress and the President of the United States to enact legislation that, in order to prevent American taxpayers from being called upon to fund hundreds of billions of dollars to bail out financial institutions, would reinstate the separation of commercial and investment banking functions that was in effect under the Glass-Steagall Act, prohibiting commercial banks and bank holding companies from investing in stocks, from underwriting securities, and from investing in or acting as guarantors to derivative transaction; and, be it 

            Further Resolved, That the Clerk of the West Virginia House of Delegates is hereby requested to distribute a copy of this resolution to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the West Virginia congressional delegation.

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

H. C. R. 71 - “Requesting that the Division of Highways name bridge number 50-37-22.70 (50A076) (38.16807, -82.37858), locally known as East Lynn Bridge, carrying WV 37 over the East Fork of Twelvepole Creek in Wayne County, the ‘U. S. Army CPL Lee Roy Young Memorial Bridge’.”

Whereas, U. S. Army CPL Lee Roy Young was born in 1933 in Genoa, Wayne County, West Virginia; and

Whereas, CPL Young joined the United States Army and served with the 8th Cavalry Regiment, 1st Cavalry Division, in the Chorwon Area in the Korean War; and

Whereas, CPL Young was seriously wounded while fighting the enemy in South Korea on May 26, 1951. He returned to duty on May 29, 1951; and

Whereas, CPL Young was killed in action while fighting the enemy in North Korea on October 17,1951. He is buried in the Young Family Cemetery in Genoa, Wayne County, West Virginia.

Whereas, Naming this bridge is an appropriate recognition of CPL Young’s contributions and sacrifice to his country and to the State of West Virginia—the state of his birth; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name bridge number 50-37-22.70 (50A076) (38.16807, -82.37858), locally known as East Lynn Bridge, carrying WV 37 over the East Fork of Twelvepole Creek in Wayne County, the “U. S. Army CPL Lee Roy Young 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 CPL Lee Roy Young Memorial Bridge”; and, be it

Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the Secretary of the Department of Transportation.

            Delegates A. Evans, Rowan, R. Romine and Hamilton offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 75 - “Requesting the Division of Highways name WV Route 46, from its intersection with County Route 3 to its intersection with County Route 42/3 in Mineral County the ‘PVT George Howell, Continental Army Memorial Highway’.”

Whereas, PVT George Howell was an early settler of Hampshire County, Virginia (now West Virginia). In June 1775, following the outbreak of the American Revolutionary war, the Second Continental Congress formed the Continental Army. The Continental Army was comprised of local militias and troops from throughout the colonies that became the United States of America; and 

Whereas, PVT George Howell joined the Continental Army, which was led by General George Washington. PVT George Howell died while in the service of the United States. His widow was awarded 10 pounds per year; and

Whereas, PVT George Howell’s service in Hampshire County, contributed to the winning of the Revolutionary War and our nation’s freedom; and 

Whereas, It is fitting that an enduring memorial be established to commemorate PVT George Howell’s contributions to our state and country; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name WV Route 46, from its intersection with County Route 3 to its intersection with County Route 42/3 in Mineral County the “PVT George Howell, Continental Army Memorial Highway”; 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 “PVT George Howell, Continental Army Memorial Highway”; 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.

            Delegates Rowe, Robinson, Pushkin, Byrd, Lane and White offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 76 - “Requesting the Division of Highways to name bridge number 20-61-13.51 (20A817), locally known as New Chesapeake Bridge, carrying WV 61 over the Fields Creek in Kanawha County, the ‘U. S. Marine Corps LCpl Michael Linn Cooper Memorial Bridge’.”

Whereas, Michael Linn Cooper, the son of Joseph A. and Eula T. Cooper of Chesapeake, Kanawha County, West Virginia, was born March 1, 1949; and

Whereas, Michael Linn Cooper enlisted in the United States Marine Corps on August 9, 1967, in Ashland, Kentucky; and

Whereas, LCpl Michael Linn Cooper arrived in Vietnam on February 16, 1968, where he began serving with Company E, 2nd Battalion, 27th Marines, 1st Marine Division, (REIN) FMF; and

Whereas, During the month of August the battalion continued to patrol the “Rocket Belt” of their area of responsibility that surrounded the Da Nang Military Complex in Quang Nam Province; and

Whereas, On August 24, 1968, during an ongoing joint operation with the 51st ARVN Regiment in the vicinity of the Qua Giang village complex and the Cam Le Bridge the Marines engaged the enemy in battle.  During the fire fight Lance Corporal Michael Linn Cooper was killed in action after receiving multiple fragmentation wounds; and

Whereas, It is appropriate to honor this Marine and his family for their sacrifice to the nation; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name bridge number 20-61-13.51 (20A817), locally known as New Chesapeake Bridge, carrying WV 61 over the Fields Creek in Kanawha County, the “U. S. Marine Corps LCpl Michael Linn Cooper Memorial Bridge”; and, be it

Further Resolved, That the Division of Highways is requested to have made and be placed at both ends of the bridge signs identifying the bridge as the “U. S. Marine Corps LCpl Michael Linn Cooper 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 Highways.

            Delegates R. Miller, Rodighiero, Eldridge and Maynard offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 77 - “Requesting the Division of Highways to name a portion of West Virginia Route 85, Pond Fork Road, near Wharton, Boone County, West Virginia, beginning at the intersection of Secondary Rt. 11/1, James Creek Rd., and West Virginia Route 85, and traveling approximately 2.1 miles, between Bald Knob and Wharton, the ‘Deputy Sheriff Jesse R. Browning Memorial Road’.”

Whereas, Deputy Sheriff Jesse R. Browning was born September 12, 1878, in Bald Knob, Boone County, West Virginia, to Benjamin H. and Venila Browning; and

Whereas, Deputy Browning was the younger sibling to a brother Joseph Andrew Browning, who served as a West Virginia State Senator, and grew up in Bald Knob, Boone County, West Virginia; and

Whereas, On April 7, 1917, at 2:00 p.m., Deputy Browning was guarding an inmate in custody at the Boone County Jail in Madison, WV; and

Whereas, While guarding the inmate, he was attacked. The inmate obtained control of Deputy Browning’s firearm and shot the Deputy twice, once in the abdomen and once in the face; and

Whereas, The inmate escaped the confines of the jail, running from Madison into the Town of Danville, as he exchanged shots with several citizens who pursued the escapee until his capture after emptying the deputy’s firearm, whereupon he was ultimately transferred to the asylum in Weston, West Virginia; and

Whereas, Deputy Browning was taken to the Kanawha Valley Hospital in Charleston, West Virginia, by train the following morning where he clung onto life for several days until he passed from the Earth on April 15, 1917, leaving behind a wife, Orpha Pauley Browning, and seven children: Glenn, Marie, Gladys, Dennis, Clyde, Dassie, and Georgia.  At the time of his death, Deputy Browning’s youngest child was only three months old.  He was predeceased by a son, Alvin Browning; and

Whereas, At risk of losing his life, he showed never-ending bravery, ingenuity, and resolve to fight for the safety of his fellow citizens of Boone County until he left this earth; and

Whereas, Deputy Sheriff Jesse R. Browning’s body lies in a grave on a remote hillside in Barrett, W.Va., overlooking West Virginia Route 85; and

Whereas, All of his children remained life-long residents of West Virginia; and

Whereas, Deputy Sheriff Jesse R. Browning’s descendants include 36 grandchildren and many great grandchildren. Several of these have been behind the effort to have their grandfather recognized for his service and sacrifice to Boone County, West Virginia; and

Whereas, At 38 years of age, having served Boone County and the State of West Virginia for 15 years, Deputy Sheriff Jesse R. Browning was a young man who devoted his life to his county and gave his life fighting for the safety that we all enjoy because of men and women like him; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name a portion of West Virginia Route 85, Pond Fork Road, near Wharton, Boone County, West Virginia, beginning at the intersection of Secondary Rt. 11/1, James Creek Rd., and West Virginia Route 85, and traveling approximately 2.1 miles, between Bald Knob and Wharton, the “Deputy Sheriff Jesse R. Browning Memorial Road”; and, be it

Further Resolved, That the Commissioner of the Division of Highways is hereby requested to have made and be placed signs at both ends of the road identifying the road as the “Deputy Sheriff Jesse R. Browning Memorial Road”; 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.

            Delegates Kelly, Anderson, Atkinson, Hollen, Deem, Criss, Harshbarger, Cooper, Longstreth, Iaquinta and Hartman offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 78 - “Requesting the Division of Highways to name bridge number 54-1-1.97 (54A001), locally known as Waverly Road Bridge, carrying County Route 1 over the Carpenter Run in Wood County  the ‘U. S. Marine Corps PFC Danny Marshall Memorial Bridge’.”

Whereas, U. S. Marine Corps PFC Danny Marshall was born March 9, 1957, in Parkesburg, West Virginia.  He grew up in Waverly and attended Waverly Elementary School and Williamstown High School.  Danny was one of eight children of Mrs. Faye Marie Marshall Kemp (deceased January 2009).  His brothers and sisters are: Barbara Phillis (Williamstown, WV), Robert (New York), Joey (Parkersburg, WV), Dale (deceased), Dorothy Miller (Marietta, OH), Rex (deceased), and Susan Evans (Marietta, OH).  Robert and Joey also served, in the Army and Navy respectively.  Danny was an active youth and outdoorsman.  He enjoyed wrestling while at Williamstown High and earned several trophies; and

Whereas, At age 17, Danny joined the Marine Corps in 1974.  In 1975 he was based in Okinawa, and his unit would be called upon to rescue the crew of a merchant ship captured by the ruthless Cambodian communists who perpetrated the Killing Fields, the Khmer Rouge.  U. S. Marine Corps PFC Danny Marshall and another marine were captured and taken to the mainland for interrogation at a former Buddhist temple called Wat In Nean near Sihanoukville. After a week of interrogation and torture, they were killed and buried on the temple grounds. His death date is uncertain, so has been designated by the family as May 15, 1975.  He was awarded the Bronze Star, the Purple Heart, the National Defense Service Military Ribbon, the Vietnam Service Military Ribbon, the Defense Distinguished Service Military Ribbon and The Republic of Vietnam Gallantry Cross. On May 23, 1986, the Academic 1 Facility at Marine Corps Base Camp Lejeune in Jacksonville, North Carolina, was dedicated to PFC Phelps and seven other marines who also gave their lives for their country; and

Whereas, Naming the bridge across Carpenter Run near Waverly in Wood County, the “U. S. Marine Corps PFC Danny Marshall Memorial Bridge” is an appropriate recognition of his contributions to his country, state, community and Wood County; therefore, be it,

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name bridge number 54-1-1.97 (54A001), locally known as Waverly Road Bridge, carrying County Route 1 over the Carpenter Run in Wood County.  the “U. S. Marine Corps PFC Danny Marshall 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. Marine Corps PFC Danny Marshall 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.

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

H. C. R. 79 - “Requesting the Division of Highways to name bridge number 16-48-54 EB & WB (16A132, 16A133), locally known as the Sauerkraut Run Bridges, carrying US 48 (EB & WB) over Sauerkraut Run & CR 23/8 in Hardy County, the ‘John and Wilbur Hahn Dutch Hollow Pioneers Bridge’.”

Whereas, John and Wilbur Hahn, the youngest sons of Lorenza and Amanda Rebecca Michael Hahn, family of five girls and three boys, went to school at Maple Grove, where they only had school for about four months.  The Hahns trace their ancestry back to the Rhine Valley of Germany and immigrants from there who arrived in the United States sometime in the mid‑to late 1800's. The Hahns came over on a boat with members of the Michael family, and branches of both families settled in Dutch Hollow. They farmed and, when the demand arose, cut timber in the woods around their homesteads.  John is deceased and Wilbur, (age 89 has recently had a leg amputated), carried on that pioneering tradition of farming and pulpwood sawmill from 1939.  They owned and operated a small gasoline‑powered sawmill on their farm, with some help from John’s son Mickey in Dutch Hollow, Hardy County, despite the changes brought to the industry by modern technology. The brothers have remained part of a close‑knit family, still enjoying Sunday dinners with relatives at the Hahn farmhouse, located near the site of the sawmill; and

Whereas, Naming that bridge on Route 259 (Corridor H) crossing Sauerkraut Road at Dutch Hollow in Hardy County, the “John and Wilbur Hahn Dutch Hollow Pioneers Bridge” is an appropriate recognition of their family’s pioneering contributions to their state, community and Hardy County; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name bridge number 16-48-54 EB & WB (16A132, 16A133), locally known as the Sauerkraut Run Bridges, carrying US 48 (EB & WB) over Sauerkraut Run & CR 23/8 in Hardy County, the “John and Wilbur Hahn Dutch Hollow Pioneers 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 “John and Wilbur Hahn Dutch Hollow Pioneers 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 Rowe, Robinson and White offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

H. C. R. 80 - “Requesting Division of Highways to name that portion of I-64/I-77 beginning at mile marker 93 and ending at mile marker 94 in Kanawha County, the ‘U. S. Army SGT Tommy Meadows Memorial Road’.”

Whereas, Sergeant Meadows was born on February 17, 1948, in Charleston and passed away on March 5, 2017; and

Whereas, Sergeant Meadows was president of his class for Sophomore, Junior and Senior years at DuPont High School; and

Whereas, Sergeant Meadows served in the Unites States Army from 1968 to 1970; and

Whereas, While serving in Vietnam Sergeant Meadows was exposed to Agent Orange, which eventually contributed to his death; and

Whereas, Sergeant Meadows served as a Kanawha County Deputy Sheriff for five years; and

Whereas, Sergeant Meadows retired from Union Carbide with a disability because of exposure to Agent Orange; and

Whereas, Sergeant Meadows was an officer and active member of Charleston Moose 1444; and

Whereas, Sergeant Meadows was a volunteer with Community of Rand Association performing community services for the betterment of Rand; and

Whereas, Sergeant Meadows bought and delivered meals to senior citizens in the area and was forever lending assistance to anyone in need; and

Whereas, It is fitting that a proper memorial be established for this man who so ably served his country 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 that portion of I-64/I-77 beginning at mile marker 93 and ending at mile marker 94 in Kanawha County, the “U. S. Army SGT Tommy Meadows Memorial Road”; and, be it

Further Resolved, That the Commissioner of the Division of Highways is hereby requested to have made and be placed signs identifying that portion of the highway as the “U. S. Army SGT Tommy Meadows 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 Pushkin, Rowe and Fleischauer offered the following resolution, which was read by its title and referred to the Committee on the Judiciary then Rules:

H. C. R. 81 - “Proposing to rescind H. C. R. 36 passed by the Regular Session of the Legislature 2016, applying for an Article V Amendments Convention to Propose a Constitutional Amendment.”

Whereas, The 2016 Regular Session of the Legislature on February 6, 2016, passed H. C. R. 36 making formal application to Congress to call an Article V constitutional convention, or convention of the states, for the sole purpose of altering the Constitution of the United States of America; and

Whereas, Article V of the Constitution of the United States reserves exclusively to Congress the federal authority to call a constitutional convention, or convention of the states; and

Whereas, The Supreme Court of the United States ruled that Congress alone reserves the power to “deal with subsidiary matters of detail and Article V is no exception to the rule”, including matters regarding convention delegates and constitutional conventions called by Congress under Article V; and

Whereas, Article V of the Constitution of the United States declares the “Mode of Ratification” of amendments arising from a constitutional convention, or convention of the states, shall be determined not by the states or by the delegates, but by Congress; and

Whereas, The States have no authority to impose any penalty, sanction, or limitation on convention delegates, for such delegates represent the “People”, and the sovereign “Right of the People to alter or to abolish [their Government], and to institute new Government”; and

Whereas, The States have no constitutional authority to establish, or to predetermine, the rules of order or operational aspects of a constitutional convention, or convention of the states, called by Congress under Article V of the Constitution of the United States; and

Whereas, James Madison wrote in The Federalist No. 43 that Article V of the Constitution of the United States should be utilized only for repairing “discovered [constitutional] faults” or for “amendment of [constitutional] errors”; and

Whereas, Nothing in Article V of the Constitution of the United States provides for, nor can any state application guarantee, equal suffrage or equal franchise, to each state at the constitutional convention, or convention of the states; and

Whereas, Nothing in Article V of the Constitution of the United States limits the constitutional convention, or convention of the states, to any specific topic or to any specific list of topics; and

Whereas, Nothing in Article V of the Constitution of the United States guarantees, nor can any state application guarantee, state legislatures the right to a ratification vote on amendments arising from a constitutional convention, or convention of the states; and

Whereas, The West Virginia Legislature joins the legislatures of the States of Delaware, Idaho, Maryland, Nevada, New Mexico, Oregon, South Carolina, South Dakota and Virginia, who, having recently rescinded their Article V balanced budget applications, no longer support a Congressional call for a constitutional convention, or convention of the states; therefore, be it

Resolved by the Legislature of West Virginia:

That H. C. R. 36 passed by the 2016 Regular Session of the Legislature, be rescinded; and, be it

Further Resolved, That the Clerk of the House of Delegates forward copies of this resolution to the President and Secretary of the United States Senate, to the Speaker and Secretary of the United States House of Representatives, the members of the West Virginia Congressional Delegation, and to the presiding officers of each house of the several State Legislatures, attesting the adoption of this resolution by the West Virginia Legislature.

            Delegates Gearheart, Shott, Ellington and Paynter offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

H. C. R. 82 - “Designating Mercer County, McDowell County, Mingo County, Logan County, Wyoming County, Lincoln County, Boone County and Wayne County as an ATV Recreation Area.”

Whereas, Mercer County and McDowell County are the southern gateway to the Hatfield-McCoy Regional Trail Authority in West Virginia because of the Interstate 77, and Mingo County, Logan County, Wyoming County, Lincoln County, Boone County and Wayne Counties are the western gateway to the Hatfield-McCoy Regional Trail because of the Kentucky border; and

Whereas, The Mercer County Convention and Visitors Bureau and Hatfield-McCoy Convention and Visitors Bureau have entered into a partnership with the Hatfield-McCoy Regional Trail Authority to utilize an Appalachian Regional Commission federal POWER grant which will enhance marketing efforts for ATV tourism in the region; and

Whereas, Nearly 40,000 trail passes for the Hatfield-McCoy Regional Trail Authority were sold in 2016 to visitors from across the United States and Canada.  The Hatfield-McCoy Regional Trail Authority is a leading location for outdoor, off-road adventure in the Eastern United States and has built high name recognition among outdoor enthusiasts.  A recreation area designation will help market the area as a premier destination for outdoor riders from all over the county and help with marketing efforts by the state and local convention bureaus; and

Whereas, Hotel Occupancy Taxes are up 5.6 percent in 2016-2017 in Mercer County due to the opening of new lodging facilities and the higher occupancy rates at existing facilities.  The Mercer County Convention and Visitors Bureau and the Hatfield-McCoy Convention and Visitors Bureau has built partnerships with entities such as county commissions, local Chambers of Commerce, and area municipalities in an effort to recognize ATV tourism as the leading tourism activity in the region, and seek to assist entrepreneurs establish businesses in these area, and diversify the local economy providing new business ventures for residents in the hospitality and tourism industry; therefore, be it

Resolved by the Legislature of West Virginia:

That Mercer County, McDowell County, Wyoming County, be designated as an ATV Recreational Area; and, be it

Further Resolved, That the Commissioner of Highways and the Executive Director of the West Virginia Tourism Office cause appropriate signage to be installed and maintained to properly designate the recreational area; 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 and the Executive Director of the West Virginia Tourism Office.

            Delegates Cooper, Ambler, Harshbarger, Pack, Hollen, Foster, Maynard, Paynter, Walters and Wilson offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

H. C. R. 83 - “Requesting the Division of Highways to name a portion of WV 3, starting at the eastern city limits of Union and ending at the intersection with CR 11, Keenan Road, in Monroe County, the ‘Vietnam Veterans Memorial Highway’.”

Whereas, The members of Vietnam Veterans of America, Chapter 1108, of Union, West Virginia, seek to honor the service of Vietnam veterans from all branches of our nation’s military; and

Whereas, The Members of Vietnam Veterans of America, Chapter 1108, request that a portion of WV 3 be dedicated to the memory of these men and women; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name a portion of WV 3, starting at the eastern city limits of Union and ending at the intersection with CR 11, Keenan Road, in Monroe County, the “Vietnam Veterans Memorial Highway”; and, be it

Further Resolved, That the Commissioner of the Division of Highways is hereby requested to have made and be placed signs at both ends of the road identifying the road as the “Vietnam Veterans Memorial 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.

Special Calendar

Third Reading

            Com. Sub. for H. B. 4001, Relating to eligibility and fraud requirements for public assistance; on third reading, coming up in regular order, was read a third time.

            During debate on the bill, the Speaker reminded the members to confine remarks to the question before the House.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 159), and there were, including pairs-yeas 78, nays 19, absent and not voting 3, with the paired, nays and absent and not voting being as follows:

            Pursuant to House Rule 43, the following pairing was filed and announced by the Clerk:

            Paired:

                                    Yea:     Capito              Nay:    Byrd

            Nays: Bates, Caputo, Eldridge, E. Evans, Fleischauer, Fluharty, Hicks, Hornbuckle, Iaquinta, Love, Lovejoy, R. Miller, Pushkin, Pyles, Robinson, Rowe, Thompson and Williams.

            Absent and Not Voting: Deem, Lane and White.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4001) 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. 4042, Redefining school zone to facilitate placement of school zone signs; 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. 160), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

            Absent and Not Voting: Capito, Deem, Lane and White.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4042) 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. 4157, Eliminating the refundable exemption for road construction contractors; 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. 161), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

            Absent and Not Voting: Capito, Deem, Lane, C. Miller and White.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4157) passed.

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

            On this question, the yeas and nays were taken (Roll No. 162), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

            Absent and Not Voting: Capito, Deem, Lane, C. Miller and White.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4157) 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. 4285, Relating to the West Virginia Safe Mortgage Licensing Act; 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. 163), and there were--yeas 90, nays 5, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Barrett, Folk, Howell, McGeehan and Summers.

            Absent and Not Voting: Capito, Deem, Lane, C. Miller and White.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4285) passed.

            An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:

H. B. 4285 - “A Bill to amend and reenact §31-17A-4, §31-17A-6 and §31-17A-9 of the Code of West Virginia, 1931, as amended, all relating to the licensing requirements of mortgage loan originators; increasing the number of hours of education required for licensure and to meet continuing education requirements; and increasing the licensure application fee.”

            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. 4304, Creating the Board of Nursing; 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. 164), and there were, including pairs-yeas 70, nays 27, absent and not voting 3, with the paired, nays and absent and not voting being as follows:

            Nays: Barrett, Boggs, Brewer, Canestraro, Caputo, Diserio, Eldridge, E. Evans, Ferro, Folk, Hicks, Hornbuckle, Iaquinta, Isner, Lovejoy, Lynch, McGeehan, Miley, R. Miller, Pethtel, Pyles, Rowe, Sponaugle, Thompson and Williams.

            Pursuant to House Rule 43, the following pairings were filed and announced by the Clerk:

            Paired:

                                    Yea:     Capito              Nay:    Zatezalo

                                    Yea:     Lane                Nay:    Marcum

            Absent and Not Voting: Deem, C. Miller and White.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4304) 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. 4324, Relating to the employment of individuals by municipal paid fire departments under civil service; 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. 165), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

            Absent and Not Voting: Capito, Deem, Lane, C. Miller and White.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4324) 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. 4379, Supplementing, amending, decreasing, and increasing items of the existing appropriations 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. 166), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

            Absent and Not Voting: Capito, Deem, Lane, C. Miller and White.

            So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4379) passed.

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

            On this question, the yeas and nays were taken (Roll No. 167), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

            Absent and Not Voting: Capito, Deem, Lane, C. Miller and White.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4379) 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.

            Com. Sub. for H. B. 4401, Relating to the registration of business; 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. 168), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

            Absent and Not Voting: Capito, Deem, Lane, C. Miller and White.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4401) passed.

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

            On this question, the yeas and nays were taken (Roll No. 169), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

            Absent and Not Voting: Deem, Lane, C. Miller and White.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4401) 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.

            Com. Sub. for H. B. 4428, Allowing training hours earned through public school education or apprenticeship to count towards an applicant’s occupational certification; 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. 170), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

            Absent and Not Voting: Deem, Lane, C. Miller and White.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4428) passed.

            On motion of Delegate Espinosa, the title of the bill was amended to read as follows:

            Com. Sub. for H. B. 4428 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-1E-1, §21-1E-2, §21-1E-3, §21-1E-4 and §21-1E-5; and to amend said code by adding thereto a new article designated §30-1E-1, §30-1E-2, §30-1E-3 and §30-1E-4, all relating to requiring standards and procedures for recognizing career technical training acquired in public schools, apprenticeships and training programs toward occupational testing, certification and/or licensure; establishing purpose and intent; providing definitions; requiring rules providing standards and procedures be proposed by Commissioner of Labor and by licensing boards and commissions; providing for creation of lists of existing apprenticeships, certifications and other credentials that reflect existing workforce needs and for dissemination to high school students; and requiring Commissioner of Labor rule to include guidelines for collection and dissemination in manner easily accessible to both students and their parents.”

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

            H. B. 4436, Clarifying when a minor between the ages of 16 and 18 may be employed by or elected as a member of a volunteer fire department; 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. 171), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

            Absent and Not Voting: Deem, Lane, C. Miller and White.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4436) 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. 4488, Relating to the Hatfield-McCoy Recreation Authority; 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. 172), and there were--yeas 83, nays 13, absent and not voting 4, with the nays and absent and not voting being as follows:

            Nays: Dean, Eldridge, E. Evans, Folk, Hicks, Hornbuckle, Marcum, Maynard, McGeehan, Paynter, Rodighiero, Sobonya and Thompson.

            Absent and Not Voting: Deem, Lane, C. Miller and White.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4488) 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. 4522, Allowing certain tax information to be shared with the Director of Purchasing Division, Department of Administration, and State Auditor; 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. 173), and there were--yeas 93, nays 2, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Upson and Wilson.

            Absent and Not Voting: Boggs, Deem, Lane, C. Miller and White.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4522) 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. 4622, Relating to authorizing legislative rules regarding higher 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. 174), and there were--yeas 93, nays 2, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Folk and Walters.

            Absent and Not Voting: Boggs, Deem, Lane, C. Miller and White.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4622) passed.

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

            At 2:04 p.m., on motion of Delegate Cowles, the House of Delegates recessed until 6:30 p.m.

* * * * * * *

Evening Session

* * * * * * *

            The House of Delegates was called to order by the Honorable Tim Armstead, Speaker.

Messages from the Senate

            A message from the Senate, by

            The Clerk of the Senate, announced concurrence in the House of Delegates amendment, with further amendment, and the passage, as amended, to take effect July 1, 2018, of

            Com. Sub. for S. B. 267, Increasing salaries of certain state employees.

            Delegate Cowles moved that the House concur in the following amendment by the Senate:

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

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)

SUPERVISORY AND NONSUPERVISORY RANKS

Cadet During Training........................................................................................... $ 34,858

Cadet Trooper After Training................................................................................ $ 42,122

Trooper Second Year........................................................................................... …43,130

Trooper Third Year............................................................................................... …43,513

Senior Trooper...................................................................................................... …43,912

Trooper First Class............................................................................................... …44,518

Corporal................................................................................................................ …45,124

Sergeant................................................................................................................ …49,425

First Sergeant....................................................................................................... …51,576

Second Lieutenant................................................................................................ …53,726

First Lieutenant..................................................................................................... …55,877

Captain.................................................................................................................. …58,028

Major..................................................................................................................... …60,178

Lieutenant Colonel................................................................................................ 62,329

ANNUAL SALARY SCHEDULE (BASE PAY)

ADMINISTRATION SUPPORT SPECIALIST CLASSIFICATION

I ............................................................................................................................ 43,130

II ........................................................................................................................... 43,912

III .......................................................................................................................... 44,518

IV .......................................................................................................................... 45,124

V ........................................................................................................................... 49,425

VI .......................................................................................................................... 51,576

VII ......................................................................................................................... 53,726

VIII ........................................................................................................................ 55,877

ANNUAL SALARY SCHEDULE (BASE PAY)

CRIMINALIST CLASSIFICATION

I ............................................................................................................................ 43,130

II ........................................................................................................................... 43,912

III .......................................................................................................................... 44,518

IV .......................................................................................................................... 45,124

V ........................................................................................................................... 49,425

VI .......................................................................................................................... 51,576

VII ......................................................................................................................... 53,726

VIII ........................................................................................................................ 55,877

Beginning July 1, 2019, the annual salaries for members of each of the West Virginia State Police, the Administration Support Specialists, and the Criminalist classifications set forth in the schedules in this subsection shall be increased an additional $432.

Each member of the West Virginia State Police whose salary is fixed and specified in this annual salary schedule is entitled to the length of service increases set forth in subsection (e) of this section and supplemental pay as provided in subsection (g) of this section.

(e) Each member of the West Virginia State Police whose salary is fixed and specified pursuant to this section shall receive, and is entitled to, an increase in salary over that set forth in subsection (d) of this section for grade in rank, based on length of service, including that service served before and after the effective date of this section with the West Virginia State Police as follows: Beginning on January 1, 2015, and continuing thereafter, at the end of two years of service with the West Virginia State Police, the member shall receive a salary increase of $500 to be effective during his or her next year of service and a like increase at yearly intervals thereafter, with the increases to be cumulative.

(f) In applying the salary schedules set forth in this section where salary increases are provided for length of service, members of the West Virginia State Police in service at the time the schedules become effective shall be given credit for prior service and shall be paid the salaries the same length of service entitles them to receive under the provisions of this section.

(g) The Legislature finds and declares that because of the unique duties of members of the West Virginia State Police, it is not appropriate to apply the provisions of state wage and hour laws to them. Accordingly, members of the West Virginia State Police are excluded from the provisions of state wage and hour law. This express exclusion shall not be construed as any indication that the members were or were not covered by the wage and hour law prior to this exclusion.

In lieu of any overtime pay they might otherwise have received under the wage and hour law, and in addition to their salaries and increases for length of service, members who have completed basic training and who are exempt from federal Fair Labor Standards Act guidelines may receive supplemental pay as provided in this section.

The authority of the superintendent to propose a legislative rule or amendment thereto for promulgation in accordance with article three, chapter twenty-nine-a §29A-3-1 et seq. of this code to establish the number of hours per month which constitute the standard pay period for the members of the West Virginia State Police is hereby continued. The rule shall further establish, on a graduated hourly basis, the criteria for receipt of a portion or all of supplemental payment when hours are worked in excess of the standard pay period. The superintendent shall certify at least twice per month to the West Virginia State Police’s payroll officer the names of those members who have worked in excess of the standard pay period and the amount of their entitlement to supplemental payment. The supplemental payment may not exceed $200 per pay period. The superintendent and civilian employees of the West Virginia State Police are not eligible for any supplemental payments.

(h) Each member of the West Virginia State Police, except the superintendent and civilian employees, shall execute, before entering upon the discharge of his or her duties, a bond with security in the sum of $5,000 payable to the State of West Virginia, conditioned upon the faithful performance of his or her duties, and the bond shall be approved as to form by the Attorney General and as to sufficiency by the Governor.

(i) In consideration for compensation paid by the West Virginia State Police to its members during those members’ participation in the West Virginia State Police Cadet Training Program pursuant to section eight, article twenty-nine, chapter thirty §30-29-8 of this code, the West Virginia State Police may require of its members by written agreement entered into with each of them in advance of such participation in the program that, if a member should voluntarily discontinue employment any time within one year immediately following completion of the training program, he or she shall be obligated to pay to the West Virginia State Police a pro rata portion of such compensation equal to that part of such year which the member has chosen not to remain in the employ of the West Virginia State Police.

(j) Any member of the West Virginia State Police who is called to perform active duty training or inactive duty training in the National Guard or any reserve component of the armed forces of the United States annually shall be granted, upon request, leave time not to exceed 30  calendar days for the purpose of performing the active duty training or inactive duty training and the time granted may not be deducted from any leave accumulated as a member of the West Virginia State Police.

CHAPTER 18. EDUCATION.

ARTICLE 9A. PUBLIC SCHOOL SUPPORT.

§18-9A-8. Foundation allowance for professional student support services.

(a) The basic foundation allowance to the county for professional student support personnel shall be the amount of money determined in accordance with the following:

(1) The sum of the state minimum salaries, as determined in accordance with the provisions of article four, chapter eighteen of this code, for all state aid eligible school nurse and counselor positions in the county during the two thousand eight fiscal year which number shall be reduced in the same proportion as the number of professional educators allowed to be funded under section four of this article to the total number of professional educators employed that are state aid eligible. In performing this calculation, the numerator shall be the number of professional educators actually funded under section four of this article and the denominator shall be the total number of professional educators employed that are eligible to be funded under section four of this article;

(2) The amount derived from the calculation in subdivision (1) of this subsection is increased by one half percent;

(3) The amount derived from the calculation in subdivision (2) of this subsection is the basic foundation allowance to the county for professional student support personnel for the two thousand nine fiscal year;

(4) For fiscal years two thousand ten, two thousand eleven, two thousand twelve and two thousand thirteen, the basic foundation allowance to the county for professional student support personnel increases by one-half percent per year over the allowance for the previous year; and

(5) For all fiscal years thereafter, the basic foundation allowance to the county for professional student support personnel remains the same amount as in the two thousand thirteen fiscal year, plus any additional amount of funding necessary to cover the increases in the State Minimum Salary Schedule set forth in §18A-4-2 of this code effective for the fiscal year beginning July 1, 2018, and thereafter.

(b) The additional positions for counselors that may be created as a result of the one percent increase provided pursuant to this section shall be assigned to schools where the counselor can:

(1) Enhance student achievement;

(2) Provide early intervention for students in grades prekindergarten through five; and

(3) Enhance student development and career readiness.

CHAPTER 18A. SCHOOL PERSONNEL.

ARTICLE 4. SALARIES, WAGES, AND OTHER BENEFITS.

§18A-4-2. State minimum salaries for teachers.

(a) It is the goal of the Legislature to increase the state minimum salary for teachers with zero years of experience and an A. B. degree, including the equity supplement, to at least $43,000 by fiscal year 2019.

(b) Beginning July 1, 2014 (1) For school year 2018 – 2019, and continuing thereafter, each teacher shall receive the amount prescribed in the state State Minimum Salary Schedule as set forth in this section,; specific additional amounts prescribed in this section or article; and any county supplement in effect in a county pursuant to section five-a of this article §18A-4-5a of this code during the contract year.

STATE MINIMUM SALARY SCHEDULE

Years

4th

3rd

2nd

 

A.B.

 

M.A.

M.A.

M.A.

Doc-

Exp.

Class

Class

Class

A.B.

+15

M.A.

+15

+30

+45

torate

 

 

 

 

 

 

 

 

 

 

 

0

27,917

28,606

28,872

30,315

31,076

32,843

33,604

34,365

35,126

36,161

 

1

28,245

28,934

29,200

30,833

31,594

33,362

34,123

34,883

35,644

36,679

 

2

28,574

29,262

29,528

31,352

32,113

33,880

34,641

35,402

36,163

37,198

 

3

28,902

29,590

29,856

31,871

32,631

34,399

35,160

35,920

36,681

37,716

 

4

29,474

30,162

30,428

32,633

33,394

35,162

35,923

36,683

37,444

38,479

 

5

29,802

30,490

30,756

33,152

33,913

35,680

36,441

37,202

37,963

38,998

 

6

30,130

30,818

31,084

33,670

34,431

36,199

36,960

37,720

38,481

39,516

 

7

30,458

31,147

31,412

34,189

34,950

36,717

37,478

38,239

39,000

40,035

 

8

30,786

31,475

31,741

34,707

35,468

37,236

37,997

38,757

39,518

40,553

 

9

31,114

31,803

32,069

35,226

35,987

37,754

38,515

39,276

40,037

41,072

 

10

31,443

32,131

32,397

35,746

36,506

38,274

39,035

39,796

40,556

41,591

 

11

31,771

32,459

32,725

36,264

37,025

38,793

39,553

40,314

41,075

42,110

 

12

32,099

32,787

33,053

36,783

37,543

39,311

40,072

40,833

41,593

42,628

 

13

32,427

33,115

33,381

37,301

38,062

39,830

40,590

41,351

42,112

43,147

 

14

32,755

33,443

33,709

37,820

38,580

40,348

41,109

41,870

42,630

43,665

 

15

33,083

33,771

34,037

38,338

39,099

40,867

41,627

42,388

43,149

44,184

 

16

33,411

34,099

34,365

38,857

39,617

41,385

42,146

42,907

43,667

44,702

 

17

33,739

34,428

34,693

39,375

40,136

41,904

42,665

43,425

44,186

45,221

 

18

34,067

34,756

35,022

39,894

40,655

42,422

43,183

43,944

44,705

45,740

 

19

34,395

35,084

35,350

40,412

41,173

42,941

43,702

44,462

45,223

46,258

 

20

34,723

35,412

35,678

40,931

41,692

43,459

44,220

44,981

45,742

46,777

 

21

35,052

35,740

36,006

41,449

42,210

43,978

44,739

45,499

46,260

47,295

 

22

35,380

36,068

36,334

41,968

42,729

44,496

45,257

46,018

46,779

47,814

 

23

35,708

36,396

36,662

42,487

43,247

45,015

45,776

46,536

47,297

48,332

 

24

36,036

36,724

36,990

43,005

43,766

45,534

46,294

47,055

47,816

48,851

 

25

36,364

37,052

37,318

43,524

44,284

46,052

46,813

47,574

48,334

49,369

 

26

36,692

37,380

37,646

44,042

44,803

46,571

47,331

48,092

48,853

49,888

 

27

37,020

37,708

37,974

44,561

45,321

47,089

47,850

48,611

49,371

50,406

 

28

37,348

38,037

38,302

45,079

45,840

47,608

48,368

49,129

49,890

50,925

 

29

37,676

38,365

38,631

45,598

46,358

48,126

48,887

49,648

50,408

51,443

 

30

38,004

38,693

38,959

46,116

46,877

48,645

49,405

50,166

50,927

51,962

 

31

38,333

39,021

39,287

46,635

47,396

49,163

49,924

50,685

51,445

52,480

 

32

38,661

39,349

39,615

47,153

47,914

49,682

50,443

51,203

51,964

52,999

 

33

38,989

39,677

39,943

47,672

48,433

50,200

50,961

51,722

52,483

53,518

 

34

39,317

40,005

40,271

48,190

48,951

50,719

51,480

52,240

53,001

54,036

 

35

39,645

40,333

40,599

48,709

49,470

51,237

51,998

52,759

53,520

54,555

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Years

Exp

4th

Class

3rd

Class

2nd

Class

 

A.B.

A.B.

+ 15

 

M.A.

M.A.

+ 15

M.A.
+ 30

M.A.

+ 45

Doc-

torate

 

 

 

 

 

 

 

 

 

 

 

 

 

 

0

28,725

29,414

29,680

31,123

31,884

33,651

34,412

35,173

35,934

36,969

1

29,053

29,742

30,008

31,641

32,402

34,170

34,931

35,691

36,452

37,487

2

29,382

30,070

30,336

32,160

32,921

34,688

35,449

36,210

36,971

38,006

3

29,710

30,398

30,664

32,679

33,439

35,207

35,968

36,728

37,489

38,524

4

30,282

30,970

31,236

33,441

34,202

35,970

36,731

37,491

38,252

39,287

5

30,610

31,298

31,564

33,960

34,721

36,488

37,249

38,010

38,771

39,806

6

30,938

31,626

31,892

34,478

35,239

37,007

37,768

38,528

39,289

40,324

7

31,266

31,955

32,220

34,997

35,758

37,525

38,286

39,047

39,808

40,843

8

31,594

32,283

32,549

35,515

36,276

38,044

38,805

39,565

40,326

41,361

9

31,922

32,611

32,877

36,034

36,795

38,562

39,323

40,084

40,845

41,880

10

32,251

32,939

33,205

36,554

37,314

39,082

39,843

40,604

41,364

42,399

11

32,579

33,267

33,533

37,072

37,833

39,601

40,361

41,122

41,883

42,918

12

32,907

33,595

33,861

37,591

38,351

40,119

40,880

41,641

42,401

43,436

13

33,235

33,923

34,189

38,109

38,870

40,638

41,398

42,159

42,920

43,955

14

33,563

34,251

34,517

38,628

39,388

41,156

41,917

42,678

43,438

44,473

15

33,891

34,579

34,845

39,146

39,907

41,675

42,435

43,196

43,957

44,992

16

34,219

34,907

35,173

39,665

40,425

42,193

42,954

43,715

44,475

45,510

17

34,547

35,236

35,501

40,183

40,944

42,712

43,473

44,233

44,994

46,029

18

34,875

35,564

35,830

40,702

41,463

43,230

43,991

44,752

45,513

46,548

19

35,203

35,892

36,158

41,220

41,981

43,749

44,510

45,270

46,031

47,066

20

35,531

36,220

36,486

41,739

42,500

44,267

45,028

45,789

46,550

47,585

21

35,860

36,548

36,814

42,257

43,018

44,786

45,547

46,307

47,068

48,103

22

36,188

36,876

37,142

42,776

43,537

45,304

46,065

46,826

47,587

48,622

23

36,516

37,204

37,470

43,295

44,055

45,823

46,584

47,344

48,105

49,140

24

36,844

37,532

37,798

43,813

44,574

46,342

47,102

47,863

48,624

49,659

25

37,172

37,860

38,126

44,332

45,092

46,860

47,621

48,382

49,142

50,177

26

37,500

38,188

38,454

44,850

45,611

47,379

48,139

48,900

49,661

50,696

27

37,828

38,516

38,782

45,369

46,129

47,897

48,658

49,419

50,179

51,214

28

38,156

38,845

39,110

45,887

46,648

48,416

49,176

49,937

50,698

51,733

29

38,484

39,173

39,439

46,406

47,166

48,934

49,695

50,456

51,216

52,251

30

38,812

39,501

39,767

46,924

47,685

49,453

50,213

50,974

51,735

52,770

31

39,141

39,829

40,095

47,443

48,204

49,971

50,732

51,493

52,253

53,288

32

39,469

40,157

40,423

47,961

48,722

50,490

51,251

52,011

52,772

53,807

33

39,797

40,485

40,751

48,480

49,241

51,008

51,769

52,530

53,291

54,326

34

40,125

40,813

41,079

48,998

49,759

51,527

52,288

53,048

53,809

54,844

35

40,453

41,141

41,407

49,517

50,278

52,045

52,806

53,567

54,328

55,363

 

 

 

 

 

 

 

 

 

 

 

 

 

(2) For school year 2019 – 2020, each teacher shall receive the amount prescribed in the State Minimum Salary Schedule as set forth in this section, plus $404; specific additional amounts prescribed in this section or article; and any county supplement in effect in a county pursuant to §18A-4-5a of this code during the contract year.

(3) For school year 2020 – 2021, each teacher shall receive the amount prescribed in the State Minimum Salary Schedule as set forth in this section, plus $808; specific additional amounts prescribed in this section or article; and any county supplement in effect in a county pursuant to §18A-4-5a of this code during the contract year.

(c) Six hundred dollars shall be paid annually to each classroom teacher who has at least 20 years of teaching experience. The payments: (i) Shall be in addition to any amounts prescribed in the applicable State Minimum Salary Schedule; (ii) shall be paid in equal monthly installments; and (iii) shall be considered a part of the state minimum salaries for teachers.

(d) To meet the objective of salary equity among the counties as set forth in section five of this article §18A-4-5 of this code, each teacher shall be paid an equity supplement amount as applicable for his or her classification of certification or classification of training and years of experience as follows, subject to the provisions of that section:

(1) For ‘4th Class’ at zero years of experience, $1,781. An additional $38 shall be paid for each year of experience up to and including 35 years of experience;

(2) For ‘3rd Class’ at zero years of experience, $1,796. An additional $67 shall be paid for each year of experience up to and including 35 years of experience;

(3) For ‘2nd Class’ at zero years of experience, $1,877. An additional $69 shall be paid for each year of experience up to and including 35 years of experience;

(4) For ‘A. B.’ at zero years of experience, $2,360. An additional $69 shall be paid for each year of experience up to and including 35 years of experience;

(5) For ‘A. B. + 15’ at zero years of experience, $2,452. An additional $69 shall be paid for each year of experience up to and including 35 years of experience;

(6) For ‘M. A.’ at zero years of experience, $2,644. An additional $69 shall be paid for each year of experience up to and including 35 years of experience;

(7) For ‘M. A. + 15’ at zero years of experience, $2,740. An additional $69 shall be paid for each year of experience up to and including 35 years of experience;

(8) For ‘M. A. + 30’ at zero years of experience, $2,836. An additional $69 shall be paid for each year of experience up to and including 35 years of experience;

(9) For ‘M. A. + 45’ at zero years of experience, $2,836. An additional $69 shall be paid for each year of experience up to and including 35 years of experience; and

(10) For ‘Doctorate’ at zero years of experience, $2,927. An additional $69 shall be paid for each year of experience up to and including 35 years of experience.

These payments: (i) Shall be in addition to any amounts prescribed in the applicable State Minimum Salary Schedule, any specific additional amounts prescribed in this section and article and any county supplement in effect in a county pursuant to section five-a of this article §18A-4-5a of this code; (ii) shall be paid in equal monthly installments; and (iii) shall be considered a part of the state minimum salaries for teachers.

§18A-4-8a. Service personnel minimum monthly salaries.

(a) The minimum monthly pay for each service employee shall be as follows:

(1) Beginning July 1, 2014, For school year 2018 – 2019, and continuing thereafter, the minimum monthly pay for each service employee whose employment is for a period of more than three and one-half hours a day shall be at least the amounts indicated in the state State Minimum Pay Scale Pay Grade and the minimum monthly pay for each service employee whose employment is for a period of three and one-half hours or less a day shall be at least one-half the amount indicated in the state State Minimum Pay Scale Pay Grade set forth in this subdivision.

STATE MINIMUM PAY SCALE PAY GRADE

 

Years

Exp.

 

PAY GRADE

 

A

B

C

D

E

F

G

H

0

1,660

1,681

1,723

1,776

1,829

1,892

1,924

1,997

1

1,692

1,714

1,755

1,808

1,862

1,925

1,956

2,030

2

1,725

1,746

1,788

1,841

1,894

1,957

1,989

2,062

3

1,757

1,779

1,821

1,874

1,927

1,990

2,022

2,095

4

1,790

1,812

1,853

1,906

1,959

2,023

2,054

2,129

5

1,823

1,844

1,886

1,939

1,992

2,055

2,087

2,161

6

1,855

1,877

1,920

1,972

2,025

2,088

2,120

2,194

7

1,889

1,909

1,952

2,004

2,057

2,121

2,152

2,227

8

1,922

1,942

1,985

2,037

2,090

2,153

2,185

2,259

9

1,954

1,975

2,018

2,071

2,123

2,186

2,217

2,292

10

1,987

2,008

2,050

2,103

2,155

2,220

2,251

2,325

11

2,020

2,041

2,083

2,136

2,188

2,252

2,284

2,357

12

2,052

2,074

2,115

2,169

2,222

2,285

2,316

2,390

13

2,085

2,106

2,148

2,201

2,254

2,317

2,349

2,423

14

2,118

2,139

2,181

2,234

2,287

2,350

2,382

2,455

15

2,150

2,172

2,213

2,266

2,319

2,383

2,414

2,488

16

2,183

2,204

2,246

2,299

2,352

2,415

2,447

2,521

17

2,215

2,237

2,280

2,332

2,385

2,448

2,480

2,554

18

2,248

2,270

2,312

2,364

2,417

2,481

2,512

2,587

19

2,282

2,302

2,345

2,397

2,450

2,513

2,545

2,619

20

2,314

2,335

2,378

2,431

2,483

2,546

2,578

2,653

21

2,347

2,367

2,410

2,463

2,515

2,579

2,610

2,687

22

2,380

2,401

2,443

2,496

2,548

2,612

2,644

2,719

23

2,412

2,434

2,476

2,529

2,582

2,646

2,678

2,753

24

2,445

2,466

2,508

2,561

2,614

2,680

2,711

2,787

25

2,478

2,499

2,541

2,594

2,648

2,712

2,745

2,819

26

2,510

2,532

2,573

2,628

2,682

2,746

2,777

2,853

27

2,543

2,564

2,606

2,660

2,714

2,778

2,811

2,886

28

2,576

2,597

2,640

2,694

2,748

2,812

2,845

2,920

29

2,608

2,631

2,673

2,726

2,781

2,846

2,877

2,954

30

2,642

2,663

2,707

2,760

2,814

2,878

2,911

2,987

31

2,675

2,697

2,741

2,794

2,848

2,912

2,945

3,020

32

2,709

2,730

2,773

2,827

2,880

2,946

2,977

3,054

33

2,743

2,763

2,807

2,861

2,914

2,978

3,011

3,087

34

2,775

2,797

2,841

2,895

2,948

3,012

3,045

3,120

35

2,809

2,831

2,873

2,927

2,980

3,046

3,078

3,154

36

2,843

2,864

2,907

2,961

3,015

3,079

3,112

3,186

37

2,875

2,898

2,941

2,995

3,049

3,113

3,145

3,220

38

2,909

2,930

2,973

3,027

3,081

3,146

3,178

3,254

39

2,943

2,964

3,007

3,061

3,115

3,179

3,212

3,286

40

2,975

2,998

3,040

3,094

3,149

3,213

3,245

3,320

Years

Exp.

 

PAY GRADE

 

A

B

C

D

E

F

G

H

0

1,704

1,725

1,767

1,820

1,873

1,936

1,968

2,041

1

1,736

1,758

1,799

1,852

1,906

1,969

2,000

2,074

2

1,769

1,790

1,832

1,885

1,938

2,001

2,033

2,106

3

1,801

1,823

1,865

1,918

1,971

2,034

2,066

2,139

4

1,834

1,856

1,897

1,950

2,003

2,067

2,098

2,173

5

1,867

1,888

1,930

1,983

2,036

2,099

2,131

2,205

6

1,899

1,921

1,964

2,016

2,069

2,132

2,164

2,238

7

1,933

1,953

1,996

2,048

2,101

2,165

2,196

2,271

8

1,966

1,986

2,029

2,081

2,134

2,197

2,229

2,303

9

1,998

2,019

2,062

2,115

2,167

2,230

2,261

2,336

10

2,031

2,052

2,094

2,147

2,199

2,264

2,295

2,369

11

2,064

2,085

2,127

2,180

2,232

2,296

2,328

2,401

12

2,096

2,118

2,159

2,213

2,266

2,329

2,360

2,434

13

2,129

2,150

2,192

2,245

2,298

2,361

2,393

2,467

14

2,162

2,183

2,225

2,278

2,331

2,394

2,426

2,499

15

2,194

2,216

2,257

2,310

2,363

2,427

2,458

2,532

16

2,227

2,248

2,290

2,343

2,396

2,459

2,491

2,565

17

2,259

2,281

2,324

2,376

2,429

2,492

2,524

2,598

18

2,292

2,314

2,356

2,408

2,461

2,525

2,556

2,631

19

2,326

2,346

2,389

2,441

2,494

2,557

2,589

2,663

20

2,358

2,379

2,422

2,475

2,527

2,590

2,622

2,697

21

2,391

2,411

2,454

2,507

2,559

2,623

2,654

2,731

22

2,424

2,445

2,487

2,540

2,592

2,656

2,688

2,763

23

2,456

2,478

2,520

2,573

2,626

2,690

2,722

2,797

24

2,489

2,510

2,552

2,605

2,658

2,724

2,755

2,831

25

2,522

2,543

2,585

2,638

2,692

2,756

2,789

2,863

26

2,554

2,576

2,617

2,672

2,726

2,790

2,821

2,897

27

2,587

2,608

2,650

2,704

2,758

2,822

2,855

2,930

28

2,620

2,641

2,684

2,738

2,792

2,856

2,889

2,964

29

2,652

2,675

2,717

2,770

2,825

2,890

2,921

2,998

30

2,686

2,707

2,751

2,804

2,858

2,922

2,955

3,031

31

2,719

2,741

2,785

2,838

2,892

2,956

2,989

3,064

32

2,753

2,774

2,817

2,871

2,924

2,990

3,021

3,098

33

2,787

2,807

2,851

2,905

2,958

3,022

3,055

3,131

34

2,819

2,841

2,885

2,939

2,992

3,056

3,089

3,164

35

2,853

2,875

2,917

2,971

3,024

3,090

3,122

3,198

36

2,887

2,908

2,951

3,005

3,059

3,123

3,156

3,230

37

2,919

2,942

2,985

3,039

3,093

3,157

3,189

3,264

38

2,953

2,974

3,017

3,071

3,125

3,190

3,222

3,298

39

2,987

3,008

3,051

3,105

3,159

3,223

3,256

3,330

40

3,019

3,042

3,084

3,138

3,193

3,257

3,289

3,364

 

 

 

 

 

 

 

 

 

(2) For school year 2019 – 2020, and continuing thereafter, the minimum monthly pay for each service employee whose employment is for a period of more than three and one-half hours a day shall be at least the amounts indicated in the State Minimum Pay Scale Pay Grade, plus $22; and the minimum monthly pay for each service employee whose employment is for a period of three and one-half hours or less a day shall be at least one-half the amount indicated in the State Minimum Pay Scale Pay Grade, plus $11.

(2) (3) Each service employee shall receive the amount prescribed in the State Minimum Pay Scale Pay Grade in accordance with the provisions of this subsection according to their class title and pay grade as set forth in this subdivision:

CLASS TITLE                                                                                                 PAY GRADE

Accountant I ........................................................................................................... D

Accountant II .......................................................................................................... E

Accountant III ......................................................................................................... F

Accounts Payable Supervisor ............................................................................... G

Aide I ...................................................................................................................... A

Aide II ..................................................................................................................... B

Aide III .................................................................................................................... C

Aide IV .................................................................................................................... D

Audiovisual Technician .......................................................................................... C

Auditor .................................................................................................................... G

Autism Mentor ........................................................................................................ F

Braille Specialist ..................................................................................................... E

Bus Operator .......................................................................................................... D

Buyer ...................................................................................................................... F

Cabinetmaker ........................................................................................................ G

Cafeteria Manager ................................................................................................. D

Carpenter I ............................................................................................................. E

Carpenter II ............................................................................................................. F

Chief Mechanic ...................................................................................................... G

Clerk I ..................................................................................................................... B

Clerk II .................................................................................................................... C

Computer Operator ................................................................................................ E

Cook I ..................................................................................................................... A

Cook II .................................................................................................................... B

Cook III ................................................................................................................... C

Crew Leader ........................................................................................................... F

Custodian I ............................................................................................................. A

Custodian II ............................................................................................................ B

Custodian III ........................................................................................................... C

Custodian IV .......................................................................................................... D

Director or Coordinator of Services ....................................................................... H

Draftsman .............................................................................................................. D

Early Childhood Classroom Assistant Teacher I ................................................... E

Early Childhood Classroom Assistant Teacher II .................................................. E

Early Childhood Classroom Assistant Teacher III ................................................. F

Educational Sign Language Interpreter I ............................................................... F

Educational Sign Language Interpreter II ............................................................. G

Electrician I ............................................................................................................. F

Electrician II ........................................................................................................... G

Electronic Technician I ........................................................................................... F

Electronic Technician II ......................................................................................... G

Executive Secretary ............................................................................................... G

Food Services Supervisor ..................................................................................... G

Foreman ................................................................................................................ G

General Maintenance ............................................................................................ C

Glazier .................................................................................................................... D

Graphic Artist ......................................................................................................... D

Groundsman .......................................................................................................... B

Handyman .............................................................................................................. B

Heating and Air Conditioning Mechanic I .............................................................. E

Heating and Air Conditioning Mechanic II ............................................................. G

Heavy Equipment Operator ................................................................................... E

Inventory Supervisor .............................................................................................. D

Key Punch Operator .............................................................................................. B

Licensed Practical Nurse ....................................................................................... F

Locksmith ............................................................................................................... G

Lubrication Man ..................................................................................................... C

Machinist ................................................................................................................ F

Mail Clerk ............................................................................................................... D

Maintenance Clerk ................................................................................................. C

Mason .................................................................................................................... G

Mechanic ................................................................................................................ F

Mechanic Assistant ................................................................................................ E

Office Equipment Repairman I ............................................................................... F

Office Equipment Repairman II ............................................................................. G

Painter .................................................................................................................... E

Paraprofessional .................................................................................................... F

Payroll Supervisor ................................................................................................. G

Plumber I ................................................................................................................ E

Plumber II .............................................................................................................. G

Printing Operator .................................................................................................... B

Printing Supervisor ................................................................................................ D

Programmer ........................................................................................................... H

Roofing/Sheet Metal Mechanic .............................................................................. F

Sanitation Plant Operator ...................................................................................... G

School Bus Supervisor ........................................................................................... E

Secretary I .............................................................................................................. D

Secretary II ............................................................................................................. E

Secretary III ............................................................................................................ F

Sign Support Specialist .......................................................................................... E

Supervisor of Maintenance .................................................................................... H

Supervisor of Transportation ................................................................................. H

Switchboard Operator-Receptionist ...................................................................... D

Truck Driver ........................................................................................................... D

Warehouse Clerk ................................................................................................... C

Watchman .............................................................................................................. B

Welder .................................................................................................................... F

WVEIS Data Entry and Administrative Clerk ......................................................... B

(b) An additional $12 per month is added to the minimum monthly pay of each service person who holds a high school diploma or its equivalent.

(c) An additional $11 per month also is added to the minimum monthly pay of each service person for each of the following:

(1) A service person who holds 12 college hours or comparable credit obtained in a trade or vocational school as approved by the state board;

(2) A service person who holds 24 college hours or comparable credit obtained in a trade or vocational school as approved by the state board;

(3) A service person who holds 36 college hours or comparable credit obtained in a trade or vocational school as approved by the state board;

(4) A service person who holds 48 college hours or comparable credit obtained in a trade or vocational school as approved by the state board;

(5) A service employee who holds 60 college hours or comparable credit obtained in a trade or vocational school as approved by the state board;

(6) A service person who holds 72 college hours or comparable credit obtained in a trade or vocational school as approved by the state board;

(7) A service person who holds 84 college hours or comparable credit obtained in a trade or vocational school as approved by the state board;

(8) A service person who holds 96 college hours or comparable credit obtained in a trade or vocational school as approved by the state board;

(9) A service person who holds 108 college hours or comparable credit obtained in a trade or vocational school as approved by the state board;

(10) A service person who holds 120 college hours or comparable credit obtained in a trade or vocational school as approved by the state board.

(d) An additional $40 per month also is added to the minimum monthly pay of each service person for each of the following:

(1) A service person who holds an associate’s degree;

(2) A service person who holds a bachelor’s degree;

(3) A service person who holds a master’s degree;

(4) A service person who holds a doctorate degree.

(e) An additional $11 per month is added to the minimum monthly pay of each service person for each of the following:

(1) A service person who holds a bachelor’s degree plus 15 college hours;

(2) A service person who holds a master’s degree plus 15 college hours;

(3) A service person who holds a master’s degree plus 30 college hours;

(4) A service person who holds a master’s degree plus 45 college hours; and

(5) A service person who holds a master’s degree plus 60 college hours.

(f) To meet the objective of salary equity among the counties, each service person is paid an equity supplement, as set forth in section five of this article §18A-4-5 of this code, of $164 per month, subject to the provisions of that section. These payments: (i) Are in addition to any amounts prescribed in the applicable State Minimum Pay Scale Pay Grade, any specific additional amounts prescribed in this section and article and any county supplement in effect in a county pursuant to section five-b of this article §18A-4-5b of this code; (ii) are paid in equal monthly installments; and (iii) are considered a part of the state minimum salaries for service personnel.

(g) When any part of a school service person’s daily shift of work is performed between the hours of 6:00 p. m. and 5:00 a. m. the following day, the employee is paid no less than an additional $10 per month and one half of the pay is paid with local funds.

(h) Any service person required to work on any legal school holiday is paid at a rate one and one-half times the person’s usual hourly rate.

(i) Any full-time service personnel required to work in excess of their normal working day during any week which contains a school holiday for which they are paid is paid for the additional hours or fraction of the additional hours at a rate of one and one-half times their usual hourly rate and paid entirely from county board funds.

(j) A service person may not have his or her daily work schedule changed during the school year without the employee’s written consent and the person’s required daily work hours may not be changed to prevent the payment of time and one-half wages or the employment of another employee.

(k) The minimum hourly rate of pay for extra duty assignments as defined in section eight-b of this article §18A-4-8b of this code is no less than one seventh of the person’s daily total salary for each hour the person is involved in performing the assignment and paid entirely from local funds: Provided, That an alternative minimum hourly rate of pay for performing extra duty assignments within a particular category of employment may be used if the alternate hourly rate of pay is approved both by the county board and by the affirmative vote of a two-thirds majority of the regular full-time persons within that classification category of employment within that county: Provided, however, That the vote is by secret ballot if requested by a service person within that classification category within that county. The salary for any fraction of an hour the employee is involved in performing the assignment is prorated accordingly. When performing extra duty assignments, persons who are regularly employed on a one-half day salary basis shall receive the same hourly extra duty assignment pay computed as though the person were employed on a full-day salary basis.

(l) The minimum pay for any service personnel engaged in the removal of asbestos material or related duties required for asbestos removal is their regular total daily rate of pay and no less than an additional $3 per hour or no less than $5 per hour for service personnel supervising asbestos removal responsibilities for each hour these employees are involved in asbestos-related duties. Related duties required for asbestos removal include, but are not limited to, travel, preparation of the work site, removal of asbestos, decontamination of the work site, placing and removal of equipment and removal of structures from the site. If any member of an asbestos crew is engaged in asbestos-related duties outside of the employee’s regular employment county, the daily rate of pay is no less than the minimum amount as established in the employee’s regular employment county for asbestos removal and an additional $30 per each day the employee is engaged in asbestos removal and related duties. The additional pay for asbestos removal and related duties shall be payable entirely from county funds. Before service personnel may be used in the removal of asbestos material or related duties, they shall have completed a federal Environmental Protection Act-approved training program and be licensed. The employer shall provide all necessary protective equipment and maintain all records required by the Environmental Protection Act.

            (m) For the purpose of qualifying for additional pay as provided in section eight of this article §18A-5-8 of this code, an aide is considered to be exercising the authority of a supervisory aide and control over pupils if the aide is required to supervise, control, direct, monitor, escort, or render service to a child or children when not under the direct supervision of a certified professional person within the classroom, library, hallway, lunchroom, gymnasium, school building, school grounds, or wherever supervision is required. For purposes of this section, ‘under the direct supervision of a certified professional person’ means that certified professional person is present, with and accompanying the aide.”

            During the debate, the Speaker instructed members to confine remarks to the question before the House and reminded all members to abide by the Rules of the House and show respect to fellow Delegates in their remarks.

            On the question of concurring in the Senate amendment, the yeas and nays were demanded, which demand was sustained.

            The yeas and nays having been ordered, they were taken (Roll No. 175), and there were--yeas 53, nays 43, absent and not voting 4, with the nays and absent and not voting being as follows:

            Nays: Barrett, Bates, Boggs, Brewer, Byrd, Campbell, Canestraro, Caputo, Dean, Diserio, Eldridge, E. Evans, Ferro, Fleischauer, Fluharty, Hamilton, Hartman, Hicks, Hornbuckle, Iaquinta, Isner, Longstreth, Love, Lovejoy, Lynch, Marcum, Maynard, Miley, R. Miller, Moye, Paynter, Pethtel, Pushkin, Pyles, Robinson, Rodighiero, Rohrbach, Rowe, Sponaugle, Storch, Thompson, Ward and Williams.

            Absent and Not Voting: Deem, Lane, Phillips and White.

            So, a majority of the members present and voting having voted in the affirmative, the House concurred in the Senate amendment.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 176), and there were--yeas 59, nays 37, absent and not voting 4, with the nays and absent and not voting being as follows:

            Nays: Barrett, Bates, Boggs, Brewer, Byrd, Campbell, Canestraro, Caputo, Diserio, Eldridge, E. Evans, Ferro, Fleischauer, Fluharty, Hamilton, Hartman, Hicks, Hornbuckle, Iaquinta, Isner, Longstreth, Love, Lovejoy, Lynch, Marcum, Miley, R. Miller, Moye, Pethtel, Pushkin, Pyles, Robinson, Rodighiero, Rowe, Sponaugle, Thompson and Williams.

            Absent and Not Voting: Deem, Lane, Phillips and White.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 267) passed.

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

            On this question, the yeas and nays were taken (Roll No. 177), and there were--yeas 84, nays 12, absent and not voting 4, with the nays and absent and not voting being as follows:

            Nays: Barrett, Eldridge, Fleischauer, Fluharty, Hartman, Love, Lynch, R. Miller, Pyles, Rodighiero, Sponaugle and Williams.

            Absent and Not Voting: Deem, Lane, Phillips and White.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 267) takes effect from its passage.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

Special Calendar

-continued-

Second Reading

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

            Com. Sub. for H. B. 4011, Requiring agencies, when submitting a new rule or changes, to also identify two existing rules that could be repealed,

            Com. Sub. for H. B. 4022, Exempting the consumer sales and service tax and use tax for services for the repair, remodeling and maintenance of certain aircraft,

            Com. Sub. for H. B. 4079, Promulgating administrative rules by various executive or administrative agencies of the state,

            Com. Sub. for H. B. 4478, Authorizing public schools to distribute excess food to students,

            And,

            H. B. 4621, Relating to removing reference to certain entities with respect to work.

First Reading

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

            Com. Sub. for S. B. 71, Defining “veteran” as it pertains to veteran-owned business,

            Com. Sub. for S. B. 237, Authorizing Department of Revenue promulgate legislative rules,

            Com. Sub. for H. B. 3061, Encouraging mastery-based education through the Innovation In Schools program,

            Com. Sub. for H. B. 4207, Authorizing an online application to receive a commission to act as a notary public, and eliminating the bond requirement,

            Com. Sub. for H. B. 4296, Establishing the Southern West Virginia Lake Development Study Commission,

            Com. Sub. for H. B. 4368, Relating to voluntary assignments of wages by state employees who have been overpaid,

            H. B. 4422, Permitting permanent endowment funds of cemeteries to invest their principal in certain government bonds, and corporate bonds,

            Com. Sub. for H. B. 4424, Providing that the Ethics Act applies to certain persons providing services without pay to state elected officials,

            Com. Sub. for H. B. 4451, Creating the West Virginia Sentencing Commission,

            Com. Sub. for H. B. 4511, Modifying bail requirements,

            H. B. 4617, Clarifying where a charge of DUI may be brought against an individual,

            And,

            Com. Sub. for H. B. 4618, Relating to the authority of the Division of Protective Services.

            At the request of Delegate Cowles and by unanimous consent, the House of Delegates returned to further consideration of H. B. 4625.

            Delegate Cowles moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.

            On this question, the yeas and nays were taken (Roll No. 178), and there were--yeas 59, nays 36, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Barrett, Bates, Boggs, Brewer, Byrd, Campbell, Canestraro, Caputo, Diserio, Eldridge, E. Evans, Ferro, Fleischauer, Fluharty, Hartman, Hicks, Hornbuckle, Iaquinta, Isner, Longstreth, Love, Lovejoy, Lynch, Marcum, Miley, R. Miller, Moye, Pethtel, Pushkin, Pyles, Robinson, Rodighiero, Rowe, Sponaugle, Thompson and Williams.

            Absent and Not Voting: Deem, Lane, Phillips, White and Wilson.

            So, four fifths of the members present not having voted in the affirmative, the motion to dispense with the constitutional rule was rejected.

            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

            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. 2843, Permitting Class III and Class IV municipalities to be included in the West Virginia Tax Increment Act,

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

Com. Sub. for H. B. 2843 – “A Bill to amend and reenact §7-11B-3, §7-11B-4 and §7-11B-7 of the Code of West Virginia, 1931, as amended, all relating to permitting Class III municipalities to be included in the West Virginia Tax Increment Act,”

H. B. 4347, Relating to voluntary contributions to the West Virginia State Police Forensic Laboratory Fund,

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

Com. Sub. for H. B. 4347 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17B-2-6a, relating to voluntary contributions to the West Virginia State Police Forensic Laboratory Fund; permitting each person applying for the issuance of or renewal of a driver's license to voluntarily contribute to the State Police Forensic Laboratory Fund; requiring the Division of Motor Vehicles to provide a form through which such voluntary contributions can be made; and requiring the Division of Motor Vehicles to remit the voluntary contributions on a monthly basis to the State Treasurer for deposit in the State Police Forensic Laboratory Fund,”

H. B. 4542, Allowing public service districts to accept payment by credit card,

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

Com. Sub. for H. B. 4542 – “A Bill to amend and reenact §16-13A-9 of the Code of West Virginia, 1931, as amended, relating to allowing public service districts to accept certain methods of payment; allowing public service districts to charge certain fees related thereto; and requiring public service districts to obtain certain bids; and removing and replacing reference to certain obsolete entities,”

And,

H. B. 4619, Relating to supporting implementation of comprehensive systems for teacher and leader induction and professional growth,

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

Com. Sub. for H. B. 4619 – “A Bill to amend and reenact §18-9A-10 of the Code of West Virginia, 1931, as amended, relating to supporting implementation of comprehensive systems for teacher and leader induction and professional growth; requiring amount of increase in local share to be added to preceding year appropriation for such purpose; providing factors to be taken into account in making allocations to counties; providing county may not receive less than the 2016-2017 allocation from certain line items; requiring moneys allocated to be used for implementation of comprehensive systems for teacher and leader induction and professional growth; and removing obsolete cross-references,”

            With the recommendation that the committee substitutes each do pass.

Leaves of Absence

At the request of Delegate Cowles, and by unanimous consent, leaves of absence for the day were granted Delegates Dean, Lane and White.

Miscellaneous Business   

Pursuant to House Rule 94b, Members filed forms with the Clerk’s Office to be added as a cosponsor of the following:

-   Delegates Graves, Longstreth and Pyles for H. B. 4584

-   Delegate Hanshaw for H. B. 4625

-   Delegates Jennings and Marcum for H. C. R. 57

Pursuant to House Rule 94b, a Member filed a form with the Clerk's Office to be removed as a cosponsor of the following bill: Delegate R. Miller for H. B. 4344

At 9:03 p.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, February 21, 2018.