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Friday, April 2, 2021

FIFTY-SECOND DAY

[DELEGATE HANSHAW, MR. SPEAKER, IN THE CHAIR]

The House of Delegates was called to order by the Honorable Roger Hanshaw, Speaker.

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

The Clerk proceeded to read the Journal of Thursday, April 1, 2021, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Reordering of the Calendar

Pursuant to the action of the Committee on Rules, Delegate Summers announced that Com. Sub. for 2022, on Third reading, Special Calendar, had been placed at the foot of the Calendar.

Committee Reports

Delegate J. Pack, Chair of the Committee on Health and Human Resources, submitted the following report, which was received:

Your Committee on Health and Human Resources has had under consideration:

Com. Sub. for S. B. 387, Relating to drug screening of applicants for cash assistance,

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

Delegate J. Pack, Chair of the Committee on Health and Human Resources, submitted the following report, which was received:

Your Committee on Health and Human Resources has had under consideration:

Com. Sub. for S. B. 334, Establishing license application process for needle exchange programs,

And,

Com. Sub. for S. B. 509, Removing requirement that determination of medical stability be found prior to admission to mental health facility,

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

In accordance with the former direction of the Speaker, the bills (Com. Sub. for S. B. 334 and Com. Sub. for S. B. 509) were each referred to the Committee on the Judiciary.

Delegate Anderson, Chair of the Committee on Energy and Manufacturing, submitted the following report, which was received:

Your Committee on Energy and Manufacturing has had under consideration:

Com. Sub. for S. B. 492, Establishing program for bonding to reclaim abandoned wind and solar generation facilities,

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

Delegate J. Pack, Chair of the Committee on Health and Human Resources, submitted the following report, which was received:

Your Committee on Health and Human Resources has had under consideration:

Com. Sub. for S. B. 668, Creating Psychology Interjurisdictional Compact,

And,

Com. Sub. for S. B. 671, Appointing Director of Office of Emergency Medical Services,

And reports the same back with the recommendation that they each do pass.

Mr. Speaker (Mr. Hanshaw), Chair of the Committee on Rules, submitted the following report, which was received:

Your Committee on Rules has had under consideration: 

H. C. R. 4, Private First Class Herman Harold Lucas Memorial Bridge,

H. C. R. 10, James “Big Jim” Shaffer Memorial Bridge,

H. C. R. 11, Thomas Brothers Memorial Bridge,

H. C. R. 18, Daniel Okey Cunningham Memorial Bridge,

H. C. R. 19, “U.S. Army Pvt. Dallis H. Johnson WWII Memorial Bridge.”,

H. C. R. 28, Paul J. Hofe Memorial Bridge,

H. C. R. 34, Declaring the “pepperoni roll” to be the official state food of West Virginia,

H. C. R. 40, Guy Maywood Edwards Memorial Bridge,

H. C. R. 41, Halstead Brothers WWII Veterans Memorial Bridge,

H. C. R. 44, Timothy Wayne Farley Memorial Bridge,

H. C. R. 46, U. S. Navy BM1 Farris Burton Memorial Bridge,

H. C. R. 47, SP5 Terry Lee McClanahan Memorial Bridge,

H. C. R. 51, U.S. Army Private Elmo Davis Memorial Road,

H. C. R. 52, World War II Veterans Toothman Brothers Memorial Bridge,

H. C. R. 58, Kohlton Red Haney Memorial Bridge,

H. C. R. 60, Cpl. Billy F. Mann Memorial Bridge,

H. C. R. 66, Officer Cassie Johnson - Fallen Heroes Memorial Bridge,

H. C. R. 67, Roy E. Givens Memorial Road,

H. C. R. 71, Doctor Enrique and Mrs. Sallie H. Aguilar Memorial Bridge,

H. C. R. 75, U.S. Army Corporal Charles William “Bill” Knight Memorial Bridge,

H. C. R. 76, U.S. Navy Seaman 1st Class Byrne Lee Singleton Memorial Bridge,

H. C. R. 77, Elmer Galford Memorial Road,

H. C. R. 85, World War II Veterans Toothman Brothers Memorial Bridge,

H. C. R. 86, Study the recruitment and retention of Health Care Workers in West Virginia,

H. C. R. 87, Study resolution regarding Courtesy Patrol submitting billing for reimbursement in certain instances,

And reports the same back with the recommendation that they each be adopted.

Messages from the Senate

Messages from the Senate, by

The Clerk of the Senate, announced the adoption by the Senate, without amendment, of concurrent resolutions of the House of Delegates as follows:

H. C. R. 8, U.S. Army SFC Guy Hively Memorial Bridge,

H. C. R. 16, PFC Franklin D. Frazier Memorial Road,

Com. Sub. for H. C. R. 22, Bill O’Dell Memorial Bridge,

H. C. R. 25, William Edward Friese Memorial Bridge,

H. C. R. 27, Harvey Lemasters Memorial Bridge,

H. C. R. 32, To name Gatewood Road in Fayette County as the “Senator Shirley Love Memorial Road”,

H. C. R. 33, Norman A. and Carrie G. Silver Memorial Bridge,

And,

Com. Sub. for H. C. R. 43, U. S. Army CSM Hugh H. ‘Smokey’ Stover Memorial Road.

Messages from the Senate, by

The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolutions, which were read by their titles and referred to the Committee on Rules as follows:

S. C. R. 17 - “Requesting the Division of Highways name bridge number 23-017/09-000.06 (23A054), locally known as Clothier Box Beam, carrying CR 17/9 over Spruce Fork in Logan County, the ‘U.S.M.C. CAPT Dempsey Stowers Memorial Bridge’.”

Whereas, Dempsey Stowers, a native of Bulger, West Virginia, was born September 7, 1941, and died February 23, 2020; and

Whereas, Dempsey Stowers proudly joined the United States Marine Corps in 1960. He served for as a signal intelligence/electronic warfare officer; and

Whereas, Dempsey Stowers retired from the U.S. Marine Corps after 23 years, earning the rank of captain; and

Whereas, CAPT Dempsey Stowers obtained numerous medals for his exceptional service, including the National Defense Medal, Armed Forces Expeditionary, Republic of Vietnam Campaign, Navy Union Citation, Navy Achievement Medal, Vietnam Service Medal with three stars, Meritorious Unit Commendation, Sea Service Deployment Ribbon, Navy Commendation Medal, Meritorious Service Medal, Republic of Vietnam Meritorious Unit Citation, and three letters of Commendations; and

Whereas, Upon retirement from his service, CAPT Dempsey Stowers returned home to West Virginia where he and his wife, Judy Stowers, raised their family, and

Whereas, CAPT Dempsey Stowers was active in his community and church, where he was widely known as a leader and exemplification of service; and

Whereas, It is fitting that an enduring memorial be established to commemorate U.S.M.C. CAPT Dempsey Stowers and his 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 bridge number 23-017/09-000.06 (23A054), locally known as Clothier Box Beam, carrying CR 17/9 over Spruce Fork in Logan County, the “U.S.M.C. CAPT Dempsey Stowers Memorial Bridge”.

Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “U.S.M.C. CAPT Dempsey Stowers Memorial Bridge”; and, be it

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

S. C. R. 18 - “Requesting the Division of Highways name bridge number 50-152-5.70 (50A112), locally known as Missouri Branch Beam Span, carrying West Virginia Route 152 over the West Fork of Twelvepole Creek in Wayne County, the ‘Curtis ‘Pap’ and Millie ‘Mammie’ Asbury Memorial Bridge’.”

Whereas, Curtis Asbury was born on September 24, 1917, in Wayne, West Virginia, and his devoted wife, Millie Ferguson, was born on April 24, 1924. They were married in 1939; and

Whereas, Curtis and Millie Asbury established, owned, and operated Asbury’s Grocery, located at the entrance to Cabwaylingo Park Road for 52 years. The grocery store became a vital resource for community members. For five decades, the store not only provided necessary food and other goods but was also a meeting place for community members to gather and discuss everything from politics to family life. The bus stop was outside and when the school children would go inside the store they would be met with a smile, a hug, and a piece of fruit or candy; and

Whereas, Almost every person in the community of Dunlow, West Virginia, has been touched by Curtis and Millie’s kindness and generosity. The love they both had for their community was displayed by their hardworking, gentle, and giving spirits. They were devoted to making their small community a better place to live by always extending a helping hand, providing jobs, caring for the elderly, and encouraging and guiding the youth. They helped develop and organize their area by creating local churches, directing Sunday school classes, and working to fulfill the needs of the entire community. They treated everyone as their own family and were lovingly referred to as everyone’s “Mammie” and “Pap”; and

Whereas, It is fitting that an enduring memorial be established to commemorate Curtis and Millie Asbury and their contributions to their community and our state; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name bridge number 50-152-5.70 (50A112), locally known as Missouri Branch Beam Span, carrying West Virginia Route 152 over the West Fork of Twelvepole Creek, in Wayne County, the “Curtis ‘Pap’ and Mille ‘Mammie’ Asbury 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 “Curtis ‘Pap’ and Mille ‘Mammie’ Asbury Memorial Bridge”; and, be it

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

S. C. R. 19 - “Requesting the Division of Highways name bridge number 20-060/00-028.94 (20A347), locally known as 13^th St. Overpass, carrying US 60 over CR 60/18 in Kanawha County, the ‘U.S. Army SSG Elson M. Kuhn Memorial Bridge’.”

Whereas, U.S. Army SSG Elson Merrill Kuhn was born on September 28, 1921, in Bim, West Virginia, and attended Van High School. He served in the First Cavalry Division, U.S. Army, in the Pacific Theater, comprising the Philippines, New Guinea, New Caledonia, and the occupation force in Japan during World War II as duration duty orders, entering in 1942, and honorably discharged as a Staff Sergeant on January 14, 1946; and

Whereas, After serving in the U.S. Army for four years, SSG Elson Merrill Kuhn returned to West Virginia to work for the coal industry and in an industrial baseball league, which was popular after the post-war era. He remained employed in the mining industry for a 40-year career as an electrician, after becoming licensed by the state and federal government; and

Whereas, Before U.S. Army, SSG Elson Merrill Kuhn contributed significantly to the building and upkeep of Kanawha State Forest through his membership in the Civilian Conservation Corps No. 2599 S76 Camp at Kanawha State Forest, assisting in building the recreation areas and other infrastructure, including the dam, roads, fire towers, bridges, restrooms, picnic shelters, and the log home of the superintendent. Throughout his life, he also participated in raising funds, building shelters, replacing dilapidated foot bridges, and holding reunions at Kanawha State Forest; and

Whereas, U. S. Army SSG Elson Merrill Kuhn died after a long illness on Tuesday, September 9, 2003, at Hubbard Hospice House in Charleston, West Virginia. He died at the age of 81, leaving behind a wife of 56 years, seven children, 11 grandchildren, eight great-grandchildren, two siblings, and many nieces and nephews; and

Whereas, It is fitting that an enduring memorial be established to commemorate U.S. Army SSG Elson M. Kuhn and his 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 bridge number 20-060/00-028.94 (20A347), locally known as 13th St. Overpass, carrying US 60 over CR 60/18 in Kanawha County, the “U. S. Army SSG Elson M. Kuhn 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 SSG Elson M. Kuhn Memorial Bridge”; and, be it

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

S. C. R. 21 - “Requesting the Division of Highways name a portion of County Route 30/1, beginning at (38.239066), (-82.192876) and ending at (38.239066), (-82.200978), locally known as Sheridan Road, in Lincoln County, the ‘U.S. Army SGT Charles L. Toppings Memorial Road’.”

Whereas, Charles L. Toppings was born in Man, West Virginia, on October 13, 1930, the son of Sesco and Elva Toppings; and

Whereas, Charles L. Toppings was a graduate of Hamlin High School and entered the U.S. Army; and

Whereas, SGT Charles L. Toppings served in Company C, 72nd Tank Battalion, 2nd Infantry in Korea; and

Whereas, On May 18, 1951, SGT Charles L. Toppings distinguished himself by heroic achievement near Chaun-ni, Korea, while riding in a tank retriever attempting to run an enemy roadblock. The retriever crew saw several wounded soldiers exposed to enemy fire when SGT Charles L. Toppings, while being exposed to enemy fire, manned a machine gun and delivered heavy fire on the enemy. He then left the retriever and moved the wounded soldiers into the retriever; and

Whereas, SGT Charles L. Toppings, for his heroism on that day, was awarded the Bronze Star; and

Whereas, SGT Charles L. Toppings worked for the C&O Railroad in West Virginia for over 30 years; and

Whereas, SGT Charles L. Toppings passed away on April 5, 2017, survived by three sons: Charles Toppings and wife, Sheila; William (Bill) Toppings and wife, Vicki; and Steve Toppings and wife, Karen; and

Whereas, It is fitting that an enduring memorial be established to commemorate SGT Charles L. Toppings and his 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 a portion of County Route 30/, beginning at (38.239066), (-82.192876) and ending at (38.239066), (-82.200978), locally known as Sheridan Road, in Lincoln County, the “U.S. Army SGT Charles L. Toppings Memorial Road”; and, be it

Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the portion of road as the “U.S. Army SGT Charles L. Toppings Memorial Road”; and, be it

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

S. C. R. 27 - “Requesting the Division of Highways to name bridge number 20-079/00-019.22 (NB-SB) (20A514-20A515), locally known as I-79 CLENDENIN I/C NB, carrying I-79 over CR 53 in Kanawha County, the ‘Walker Brothers Veteran Memorial Bridge’.”

Whereas, All five of the Walker men volunteered for military service during the Vietnam War with three experiencing injuries while on active duty; and

Whereas, Albert J.L. Walker served as a civil engineer with the U.S. Air Force at the Eielson Air Force Base in Alaska when the Great Alaskan Earthquake struck in 1964. He was active in rescue efforts and recovery of the dead following the strongest earthquake in North American history; and

Whereas, Allie Melton Walker served with the U.S. Air Force at the Kaden Air Force Base, Okinawa, Japan, as an aircraft mechanic. He deployed to Vietnam for three months at a time as the crew chief on the C130 aircraft delivering cargo and picking up the wounded and the dead. He earned a Good Conduct Medal (AFGCM w/1BR OLC), Special Ops, and marksmanship; and

Whereas, Ray Milton Walker served in the U.S. Army at the Dong Tam Base Camp where he was a part of the ground recon team for the 1st Aviation Brigade and was awarded the Combat Infantryman Badge (CIB), Bronze Star, National Defense Service Medal with two bronze stars, and Marksman Badge with Rifle Bar; and

Whereas, Ray Milton Walker is now suffering from cancer and long-term health issues from his exposure to Agent Orange; and

Whereas, Roger Bill Walker served in the U.S. Air Force at Udorn Airbase, Thailand, as a radar operator and air traffic controller assisting with the bombing of North Vietnam, earning the National Defense Service Medal, Vietnam Service Medal, Air Force Good Conduct, and Special Ops; and

Whereas, David Allen Walker joined the WV Army National Guard while he was still a senior in high school, serving as a Green Beret with the 19th S.F. Group Airborne as a combat engineer. He was injured during paratrooper trainer when his plane caught on fire and forced him to jump onto the tarmac wearing full combat gear, injuring both of his feet. He continued to serve in supply and transport. David Allen Walker also served the State of West Virginia as a WV Delegate from the 33rd District from 2009 to 2015; and

Whereas, It is fitting that an enduring memorial be established to commemorate the Walker Brothers and their 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 bridge number 20-079/00-019.22 (NB-SB) (20A514-20A515), locally known as I-79 CLENDENIN I/C NB, carrying I-79 over CR 53 in Kanawha County, the “Walker Brothers Veterans 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 “Walker Brothers Veterans Memorial Bridge”; and, be it

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

S. C. R. 31 - “Requesting the Division of Highways name bridge number 17-034/00-000.01 (17A296), locally known as Laurel Park Truss, carrying CR 34 over West Fork River in Harrison County, the ‘Frye Brothers Memorial Bridge’.”

Whereas, Three of the four Frye brothers served in World War II, with one brother killed in action; and

Whereas, Their father was killed in coal mining accident, forcing their mother to send them to group homes until she found a job and was able to support her four boys and two girls, all under the age of 12; and

Whereas, The oldest Frye brother, Thomas, was not allowed to enlist because he worked in the defense industry and would have been his widowed mother’s sole source of support if his younger brothers were killed; and

Whereas, Kermit C. Frye was drafted in 1940 and served as U.S. Navy Seaman Second Class; and

Whereas, Kermit C. Frye was killed in action with his body “lost at sea” after the East Indian motor merchant ship was torpedoed and sunk off the Coast of South Africa on November 3, 1942; and

Whereas, Kermit C. Frye was awarded a posthumous Purple Heart and memorialized with a cross at the North Africa American Cemetery in Carthage, Tunisia; and

Whereas, Richard G. Frye was drafted in 1942 and served as U.S. Army Private First Class, fighting in both the Africa and Germany combat campaigns; and

Whereas, Harold Q. Frye, known as “Red”, due to the color of his hair, was drafted in 1942 and served as a Private First Class cannoneer in the 119th Field Artillery Division of the 9th Army; and

Whereas, Harold Q. Frye jumped into the icy waters off Normandy, surrounded by the bodies of dead comrades, making it safely to shore despite carrying a 90-pound pack and having a severe asthma attack, while fellow soldier Dale Crim shouted, “Swim, Frye! Swim, damn it”. Dale Crim later told Frye’s daughter that the experience was so haunting that many soldiers never talked about it, but he wanted her to know how brave her father was and how they encouraged each other to survive; and

Whereas, Harold Q. Frye operated a “long Tom” gun during the Battle of the Bulge, with a commendation from the XIX Corps Artillery headquarters for helping to protect aircraft, armor, and infantry as they made their rapid run through Germany in pursuit of enemy troops; and

Whereas, Harold Q. Frye received an additional commendation from Lieutenant General W. H. Simpson for taking part in that six-week bloody battle where approximately 19,000 American troops were killed before the crushing defeat of the German Army was completed; and

Whereas, Harold Q. Frye returned to Clarksburg after the war and served as a nursing assistant at the Veterans Hospital for more than 20 years, where he was recognized for saving the life of a patient who became choked on a piece of meat; and

Whereas, Harold Q. Frye retired after he was injured during an attack by a patient in the VA Psychiatric Unit; and

Whereas, It is fitting that an enduring memorial be established to commemorate the Frye brothers for their 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 bridge number 17-034/00-000.01 (17A296), locally known as Laurel Park Truss, carrying CR 34 over West Fork River in Harrison County, the “Frye Brothers 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 “Frye Brothers Memorial Bridge”; and, be it

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

S. C. R. 32 - “Requesting the Division of Highways name bridge number 2488 East/West (17A187, 17A189), locally known as the Log Cabin Bridge in Harrison County, the ‘Cox Brothers Veteran Memorial Bridge’.”

Whereas, The Cox family demonstrated their utmost patriotism for the United States with 11 of 15 brothers, in a family of 21 children, serving in the U.S. military, including seven brothers who served during WWII; and

Whereas, Vaughn Cox was with the 101st Airborne, serving as a paratrooper on D-Day. After being shot several times before he hit the ground, Vaughn Cox was picked up by burial crews who discovered that he was still alive. He recovered and returned home with a glass eye, having earned three Purple Hearts; and

Whereas, Glenn Cox was stationed with the U.S. Navy on Ocracoke Island at a “top secret” amphibious training base. There, he operated from the “loop shack” to track Nazi U-Boats. At the end of the war, Glenn Cox had the honor of transcribing the radio code message announcing the end of WW II to his fellow sailors; and

Whereas, Edward Cox fought during the battles for Guadalcanal and the Southern Philippines during WW II. He reenlisted and served in the Korean War, garnering multiple honors including medals for the Asiatic-Pacific Theater Campaign with two-bronze stars, Philippine Liberation Ribbon with one-bronze star, and the Army of Occupation Medal, Korea; and

Whereas, Paul Loutrell Cox was a U.S. Marine, PFC-6, during WW II, serving in the Central Pacific; and

Whereas, Carlos Walter Cox was a Staff Sergeant in the U.S. Army and served in Northern France and the Rhineland during WW II, earning multiple service ribbons for valor and bravery; and

Whereas, Calvin Leco Cox served his country in the U.S. Army as Private First Class-Ordinance in Walla Walla, Washington; and

Whereas, A half-brother to the cox brothers, Kenneth Bickerstaff, served in the U.S. Army, and was stationed in Australia during WW II, helping to fight off the Japanese invasion in the Pacific; and

Whereas, All seven of the Cox brothers who served in WW II were listed on the Honor Memorial in Wolf Summit, West Virginia, dedicated in 1946, symbolizing their heroism and sacrifice for continued freedom of the United States and our democracy; and

Whereas, It is fitting that an enduring memorial be established to commemorate the Cox brothers and their 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 bridge number 2488 East/West (17A187, 17A189), locally known as the Log Cabin Bridge in Harrison County, the “Cox Brothers Veteran 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 “Cox Brothers Veteran Memorial Bridge”; and, be it

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

Com. Sub. for S. C. R. 34 - “Requesting the Division of Highways name bridge number 55-010/00-031.60 (55A035), locally known as Jesse Bridge, carrying WV 10 over Laurel Fork in Wyoming County, the ‘U.S. Air Force TSGT Franklin A. Bradford Bridge’.”

Whereas, Franklin Abb Bradford was born at the Stevens Hospital in Welch, West Virginia, on March 21, 1950. He was the son of a coal miner and grew up in a coal camp house where he graduated from Pineville High School in 1969. With the Vietnam War underway, Franklin A. Bradford voluntarily enlisted in the United States Air Force in the fall of 1969; and

Whereas, TSGT Franklin A. Bradford spent his basic training at Lackland Air Force Base in San Antonio, Texas. He served a first tour of duty in the Southeast Asian theater of conflict.  TSGT Franklin A. Bradford served with the civil engineering unit called Prime Base Engineer Emergency Force (BEEF), where he served as a machine gunner. Prime BEEF was a rapidly deployable squadron of specialized civil engineering unit members who provided a full range of engineering support for command operations; and

Whereas, TSGT Franklin A. Bradford was stationed at Beale Air Force Base in California where he helped assemble the SR-71 Blackbird, an Air Force reconnaissance aircraft intended to operate at extreme velocities, altitudes, and temperatures that played a key role in gathering intelligence during the Cold War; and

Whereas, TSGT Franklin A. Bradford was stationed at the Ramstein Air Force Base in Germany and flew on international missions. After Shah Mohammad Reza Pahlavi was ousted from Iran on February 11, 1979, at the start of the Iranian Revolution, the Shah was welcomed into the United States for cancer treatments. In protest, Iranian students took over the U.S. Embassy in Tehran, holding Americans hostage for more than 440 days. TSGT Franklin A. Bradford took part in one of the airlift rescue missions for embassy members during what would become known as the Iranian hostage crisis; and

Whereas, TSGT Franklin A. Bradford transferred to Charleston Air Force Base in South Carolina where he served as a quality control specialist for the mechanical air command, and then he transferred to the strategic air command at Randolph Air Force Base in San Antonio, Texas. Following his service in Texas, TSGT Franklin A. Bradford was sent to Kunsan Air Force Base in South Korea to a combat readiness unit, the 8th Fighter Wing, known as The Wolf Pack. This was a strategic unit trained and prepared to execute immediate air combat against any aggressors threating the United States or South Korea. His final duty station was at Maxwell Air Force Base in Alabama where he worked as a manpower management technician; and

Whereas, TSGT Franklin A. Bradford always made time to volunteer with local schools, the Special Olympics, and the Red Cross wherever he was stationed. While stationed in San Antonio, Pope John Paul II visited the city in September 1987 and conducted an outdoor mass with several thousand attendees, some of whom suffered the effects of the hot Texas sun. He served with the Red Cross during the event, brought water and refreshments to attendees, and helped many who succumbed to the heat to shelter for assistance. The heart of a West Virginian is one of servitude and TSGT Franklin A. Bradford displayed this quality whenever presented with the opportunity; and

Whereas, Upon retirement from the Air Force in 1991, TSGT Franklin A. Bradford went back to school at Bluefield State College and earned a bachelor’s degree, which allowed him to begin a career with the United States Department of Defense as a contract specialist with the Naval Sea Command and NASA. His duty station was at the Wright Patterson Air Force Base in Ohio. When a transfer opportunity opened for the Department of Defense in Blacksburg, Virginia, TSGT Franklin A. Bradford seized the chance to return home and moved to Princeton, West Virginia. He eventually worked with the Veterans Administration Hospital in Beckley, West Virginia, as a contract specialist, and enjoyed his time serving the needs of fellow veterans; and

Whereas, It is fitting that an enduring memorial be established to commemorate U.S. Air force TSGT Franklin A. Bradford for his honorable service 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 bridge number 55-010/00-031.60 (55A035), locally known as Jesse Bridge, carrying WV 10 over Laurel Fork in Wyoming County, the “U.S. Air Force TSGT Franklin A. Bradford 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. Air Force TSGT Franklin A. Bradford Bridge”; and, be it

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

Com. Sub. for S. C. R. 37 - “Requesting the Division of Highways name, upon construction of the new bridges that will replace the Donald M. Legg Memorial Bridge, carrying WV 64 over the Kanawha River, locally known as the Nitro/St. Albans Bridge in Kanawha County, the new Eastbound Lane/Bridge, the ‘Nitro WW I Living Memorial Bridge’.”

Whereas, On August 29, 1916, the United States Congress authorized the building of the Naval Ordnance Plant between U.S. 60 and the railroad in South Charleston, West Virginia. The plant took two years to build, spanned 900,000 square feet, and began operating in May of 1918. According to the Secretary of the Navy, Josephus Daniels, this naval base was the first in U.S. history to be placed away from seawaters. The U.S. Navy was drawn to the location by West Virginia’s natural resources, as well as its “moral environment and splendid citizenship”. The plant manufactured military equipment such as armor plates, gun forgings, and projectiles for battleships and cruisers which were used by the U.S. Navy in World War I; and

Whereas, Nitro was a World War I boom town believed to be named after nitrocellulose, which was used to manufacture smokeless gunpowder and other explosive devices. The plant was one of three selected by the U.S. government under the Deficiency Appropriations Act to relieve a severe shortage of gunpowder. Nitro’s location, 14 miles from Charleston, was chosen because it was secure from coastal attacks and climatic conditions while having access to railroads, waterways, and raw materials. The ordnance plant complex was known as Explosive Plant C. It was built in just 11 months and thousands of workers, supplies, and materials arrived practically overnight; and

Whereas, During the 11 months that the Explosive Plant C was in operation, the town was 90 percent complete and housed 23,951 people associated with the plant. There was a high turnover of people coming and going from the plant, with workers from each state and representing 41 different nationalities. Some who arrived for work in 1918 suffered from Spanish influenza and army barracks and other buildings had to be converted into hospitals to care for the sick; and

Whereas, By the end of the war on November 11, 1918, Explosive Plant C had produced 350 tons of smokeless gun powder per day. On Armistice Day, Nitro celebrated with a parade of cars, military tanks, and a band. Within two weeks after the Armistice, 12,000 people left Nitro and there were not enough workers to sustain plant production. The director of the plant turned its operation over to the Ordnance Department on January 15, 1919, and the plant was declared surplus as the U.S. government prepared to liquidate the property. Workers were laid off in October of 1919 and, a month later, the facilities were sold at auction to the Charleston Industrial Corporation; and

Whereas, In November of 1919, a state charter was granted to the Charleston Industrial Corporation which was organized for the specific purpose of purchasing and redeveloping the surplus government property at Nitro. The Charleston Industrial Corporation launched a sales promotion campaign to attract new industries and businesses to the area, focusing on manufacturing and chemical industries. By 1921, the future of Nitro was beginning to take shape with many wartime holdovers calling it home and relying on their friends and neighbors for fellowship, common interests, and help in time of need. This early community spirit remains strong; and

Whereas, Remnants of Nitro’s gunpowder production history can be seen throughout the town and many special events associated with both World War I and World War II are held each year. The town proudly celebrates its wartime history and being known as a “living memorial to World War I”; and

Whereas, It is fitting that an enduring memorial be established to commemorate Nitro’s rich past and significance to our country during World War I; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name the new Eastbound Lane/Bridge, upon construction of the new bridges that will replace the Donald M. Legg Memorial Bridge, carrying WV 64 over the Kanawha River, locally known as the Nitro/St. Albans Bridge in Kanawha County, the “Nitro WW I Living Memorial Bridge”; and, be it

Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the Eastbound lane or bridge as the “Nitro WW I Living Memorial Bridge”; and, be it

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

Com. Sub. for S. C. R. 39 - “Requesting the Division of Highways erect signs at the Marion County borders on I-79 entering Marion County at (39°27’00.8’N) (80°10’33.8’W), and (39°30’27.6’N) (80°07’59.7’W), stating ‘Birthplace of Alabama Coach Nick Saban’.”

Whereas, Nicholas Lou Saban Jr., was born on October 31, 1951, in Fairmont, West Virginia, to Nicholas and Mary Saban; and

Whereas, Nicholas Lou Saban Jr., known throughout his life as “Nick”, attended Monongah High School where he won the 1967 2A State Championship in football as a quarterback alongside United States Senator Joe Manchin; and

Whereas, Upon graduation from Monongah High School, Nick Saban would attend Kent State University on a football scholarship as a starting defensive back for the Golden Flashes from 1970 to 1973; and

Whereas, After completing his bachelor’s degree in business, Nick Saban would go on to complete his master’s degree in sports administration from Kent State, while working as an assistant coach for the Golden Flashes; and

Whereas, Upon graduation, Nick Saban would be hired as a graduate assistant for Kent State, later serving as an assistant coach at Syracuse in 1977, West Virginia from 1978 -1979, Ohio State from 1980 - 1981, Navy in 1982, Michigan State from 1983 to 1987, and the Houston Oilers of the National Football League (NFL) in 1988; and

Whereas, Nick Saban would be head coach job at Toledo in 1988, where he found quick success which would lead to an offer from the Cleveland Browns of the NFL to become a defensive coordinator for the 1990 season; and

Whereas, After four years in Cleveland, Michigan State would take Nick Saban as their head coach from 1990 to 1999; starting the 1999 season, Nick Saban would become the head coach of Louisiana State University where he would win his first National Championship in the 2003 season and two South Eastern Conference Championships; and

Whereas, in 2004, Nick Saban would leave Louisiana State University, to become the head coach of the Miami Dolphins for the 2005 season, and after a 15-17 record, Nick Saban would be released from Miami; and

Whereas, Nick Saban would be hired by the Alabama Crimson Tide on January 3, 2007, which would lead to six National Championships (2009, 2011, 2012, 2015, 2017, 2020) and seven Eastern Conference Championships (2009, 2012, 2014, 2015, 2016, 2018, 2020); and

Whereas, Nick Saban has a wife, Kristen Saban of 49 years who first saw Nick at a Pop Warner game in Fairmont, and two adopted children, Nicholas and Kristen Saban; and

Whereas, Nick Saban would call on Alabama high schools to help West Virginia schools affected by the 2016 West Virginia floods that took place on June 23-24; and

Whereas, Nick Saban’s representation of West Virginia on a national stage should be commemorated by his birthplace being honored on signs on I-79 entering the county; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to erect signs at the Marion County borders on I-79 entering Marion County at (39°27’00.8”N) (80°10’33.8”W), and (39°30’27.6”N) (80°07’59.7”W), stating “Birthplace of Alabama Coach Nick Saban”; and, be it

Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs at both ends identifying the portion of road as the “Birthplace of Alabama Coach Nick Saban”; and, be it

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

S. C. R. 44 - “Requesting that the Division of Highways name bridge number 17A332 (17-098/00-003.27), locally known as the Veterans’ Park Bridge, carrying State Route 98 over the West Fork River in Harrison County, the ‘Harrison County Veterans Memorial Bridge’.”

Whereas, Naming this bridge in honor of all the men and women who have served in the United States Armed Forces from Harrison County is a fitting and enduring memorial to commemorate their service to the Nation; and

Whereas, Harrison County citizens have long been known as the first to fight for their country, and Harrison County was the centerpiece of West Virginias’ efforts to fight the Axis Powers during WWII with seeing more than one million recruits on their way to defend their country; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name bridge number 17A33 (17-098/00-003.27), locally known as the Veterans’ Park Bridge, carrying County U.S. Route 19 over the West Fork River in Harrison County, the “Harrison County Veterans 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 “Harrison County Veterans Memorial Bridge”; and, be it

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

And,

S. C. R. 48 - “Requesting the Division of Highways name bridge number 10-061/00-027.81 (10A161), locally known as Armstrong Creek Bridge, carrying West Virginia Route 61 over Armstrong Creek in Fayette County, the ‘U. S. Army PFC Billy Keith Ford Memorial Bridge’.”

Whereas, Billy Keith Ford was born on September 28, 1945, in Boomer, West Virginia, to Henry and Juanita Kilburn Ford, into a family of four boys and five girls; and

Whereas, As a boy, Billy spent his time helping in local gardens near the family home and when they were not in the gardens, the family enjoyed camping in West Virginia state parks; and

Whereas, Billy Keith Ford entered the U.S. Army in 1967, and was deployed to Vietnam on December 23, 1967, at the rank of Private First Class; and

Whereas, PFC Billy Keith Ford was originally assigned to the Fifth Battalion, Seventh Calvary as a new battalion of the First Air Cavalry in 1966, and as part of this battalion he was stationed in Thua Thien Province, an area of exceptionally heavy fighting during that time, with more U.S. casualties than in any other province of Vietnam; and

Whereas, PFC Billy Keith Ford and his unit participated in a massive offensive, Operation Pegasus, in April 1968, liberating ground troops who had been under siege for 78 days and seizing tons of enemy supplies and equipment; and

Whereas, PFC Billy Keith Ford and the “5/7 Cav” later interdicted enemy movements to the south and held a dominant position in the A Shau Valley, hindering the enemy’s efforts at retreat and reinforcement; and

Whereas, PFC Billy Keith Ford’s company came under fire on April 28, 1968, and he was killed in the engagement; and

Whereas, During his time in service, PFC Billy Keith Ford received the Army Combat Infantryman Badge, Marksmanship Badge, National Defense Service Medal, Vietnam Service Medal, Army Presidential Unit Citation, Vietnam Gallantry Cross, and the Purple Heart medal; and

Whereas, PFC Billy Keith Ford’s funeral service was held in the Mount Carbon Community Church on Sunday, May 12, 1968, and he was laid to rest in the Montgomery Memorial Park in London, West Virginia; and

Whereas, It is fitting that an enduring memorial be established to commemorate U.S. Army PFC Billy Keith Ford and his sacrifice 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 bridge number 10-061/00-027.81 (10A161), locally known as Armstrong Creek Bridge, carrying West Virginia Route 61 over Armstrong Creek in Fayette County, the “U. S. Army PFC Billy Keith Ford 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 PFC Billy Keith Ford Memorial Bridge”; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways; which was referred to the Committee on Rules.

Resolutions Introduced

Delegate Hanshaw (Mr. Speaker) offered the following resolution, which was reported by the Clerk as follows:

H. R. 19 - “Amending House Rule 65, relating to the daily order of business.”

Resolved by the House of Delegates:

That House Rule 65 be amended to read as follows:

Daily

65. The daily order of business shall be as follows: 

      I. To read, correct, and approve the Journal.

      II. Introduction of guests.

      III. To receive and consider reports of standing committees.

      IV. To receive and consider reports of select committees.

      V. To receive and consider messages from the Executive, state officials, and other communications and remonstrances.

      VI. To receive messages from the Senate, and consider amendments proposed by the Senate to bills passed by the House.

      VII. To receive (a) resolutions, (b) petitions, (c) motions.

      VIII. Bills introduced on motion for leave and referred to appropriate committees.

      IX. To act on unfinished business of the preceding day, and resolutions lying over from previous day, but no resolution shall lose its place on the calendar by not being acted upon on the day following that on which it was offered.

      X. House and Senate Bills on third reading.

      XI. House and Senate Bills on second reading.

      XII. House and Senate Bills on first reading.

      XIII. To act upon leave of absence for members.

      XIV. Remarks by members of the House.

Item XIV, Remarks by members of the House, shall not be operative after the forty-seventh day of the session: Provided, That for the duration of the 2021 Regular Session of the 85th Legislature, on each day the House meets in actual session prior to the forty-seventh day of the session, be held on each Wednesday, unless otherwise directed by the Speaker, following the first day through the fifty-seventh day of session, and the Speaker shall announce a time when the chamber of the House shall be available for remarks by members of the House if such a time is requested by a member of the House of Delegates. The House shall convene at such time to receive such remarks, and the Speaker or a designee of the Speaker shall preside. No quorum is necessary to proceed with the receipt of remarks by members of the House, and nothing herein shall prohibit committees from meeting when the House convenes solely for the purpose of remarks by members. Any member desiring to speak shall seek recognition, and upon recognition by the Presiding Officer, may speak for up to five minutes upon any topic of interest to the House. The Presiding Officer shall preserve order and decorum while the House is in session for the duration of remarks. During this designated time for receipt of remarks by members, no motion shall be in order save for a motion to adjourn remarks by members. Remarks made during the pendency of remarks by members may be entered into the appendix to the journal as provided for herein. The time allotted for remarks by members shall expire: (A) After all member desiring to speak have exhausted their allotted time; or (B) after six hours; or (C) ten p.m., whichever occurs first.

XV. Introduction of guests.

XVI. Miscellaneous business. (HR10, Reg. Sess., 2001; HR3, Reg. Sess., 2002; HR1, Reg. Sess., 2019; HR1, Reg. Sess., 2021; HR19, Reg. Sess., 2021)

Effect of the 2001 amendment. Item II language is new, and original item II was moved to the end of the order, appearing as XIII.

Effect of the 2002 amendment. Item XIV language is new, and original item XIV was moved to the end of the order, appearing as XV. Also, after the forty-seventh day of a regular session, there will not be an order of business for remarks of members.

Effect of the 2019 amendment. Added another order of business, Item XV, introduction of guests.

Effect of the 2021 amendment. Language was added to facilitate a time for Members to make remarks if requested by a Member for the 2021 Regular Session.

Effect of the 2021 amendment. Specified that remarks by members be held on each Wednesday, unless otherwise directed by the Speaker, following the first day of session through the fifty-seventh day.

At the respective requests of Delegate Summers, and by unanimous consent, reference of the resolution (H. R. 19) to a committee was dispensed with, and it was taken up for immediate consideration and put upon its adoption.

On the question of the adoption of the resolution, the yeas and nays were demanded, which demand was sustained.

The yeas and nays having been ordered, they were taken (Roll No. 401), and there were—yeas 52, nays 46, absent and not voting 2, with the nays and the absent and not voting being as follows:

Nays: Barach, Bates, Boggs, Booth, Brown, Bruce, Conley, Dean, Diserio, Doyle, Evans, Ferrell, Fleischauer, Fluharty, Garcia, Gearheart, Griffith, Hanna, Hansen, Holstein, Hornbuckle, Horst, J. Kelly, Kimble, Longanacre, Lovejoy, McGeehan, Miller, Nestor, L. Pack, Pethtel, Pritt, Pushkin, Reed, Rowe, Skaff, Steele, Storch, Sypolt, Walker, Wamsley, G. Ward, Williams, Young, Zatezalo and Zukoff.

Absent and Not Voting: Higginbotham and Thompson.

So, a majority of the members present having voted in the affirmative, the Speaker declared the resolution (H. R. 19) adopted.

Delegates D. Kelly, Howell, B. Ward, Pritt and Nestor offered the following resolution, which was read by its title and referred to the Committee on Finance then Rules:

H. C. R. 88 - “Requesting the Joint Committee on Government and Finance study the cost of housing prisoners in the State of West Virginia.”

Whereas, The State of West Virginia pays a higher rate than other states to house prisoners; and

Whereas, The State of West Virginia paid an average cost of $84.56 a day per prisoner housed in West Virginia prisons in 2019, which equated to $30,866 per prisoner for the fiscal year 2019; and

Whereas, Reports indicate this cost will continue to rise in the coming years; and

Whereas, Prisoners in the State of West Virginia completed 402,047 community service hours in 2019; and

Whereas, More than 52% of prisoners housed in West Virginia have not completed high school; and

Whereas, Prisoners in the State of West Virginia benefit from computer, life skills, substance abuse, college, and vocational classes as well as life skills and prerelease programs which fill in educational and skills gaps and assist in reintegration into civilian life; and

Whereas, Prisoners would continue to benefit from additional programs aimed at reshoring outsourced jobs within the state which may utilize newly developed prisoner skills or assist in the development of new skills for volunteer prisoners; and

Whereas, Farm programs across the country have been a source for revenue and goodwill for prisons within their states and communities while also instructing prisoners in nutrition and agricultural skills; and

Whereas, West Virginia prisoners benefited from a cooperative project with the Division of Corrections and Department of Agriculture in 2014 which harvested 250,000 pounds of potatoes in Huttonsville, as well as 15,000 pounds of sweet potatoes, 6,000 pounds of cabbage, 300 bushels of beans, and 2,000 dozen ears of corn which were grown by prisoners across the state and were used to reduced food costs while giving prisoners access to fresh produce; and

Whereas, Prison agriculture and prison industries for outsourced jobs could assist in meeting the financial burden of prisons within the state by generating independent revenue; and

Whereas, Further intentional study into prisoner housing costs and this mutually beneficial expansion of prison programs will empower the Legislature to make an insightful advancement for corrections in the State of West Virginia; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance undertake a study of costs of housing prisoners in the State of West Virginia, including study of the expansion of voluntary prison labor programs; and, be it

Further Resolved, That the study analyze the costs and benefits of agricultural prison programs which may utilize volunteer prison labor to develop crops for purchase by outside entities, including schools within West Virginia, which may provide for revenue to the Department of Corrections; and, be it

Further Resolved, That the study include an examination of the costs and benefits of other potential prison industries which could be used to reshore outsourced jobs within West Virginia, including identification of specific industries suitable for the program; and, be it

Further Resolved, That the study include not only the economic effects of the project, including the proposed revenue, but also the intangible benefit to prisons and prisoners; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2022, on its findings, conclusions, and recommendations, together with drafts of any legislation or resolutions necessary to effectuate its recommendations; and, be it

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

Delegates Storch, Booth, Ferrell, Reed and Smith offered the following resolution, which was read by its title and referred to the Committee on Government Organization then Rules:

H. C. R. 89 - “Requesting the Joint Committee on Government and Finance study the Convention and Visitors’ Bureaus and tourism initiatives in the State of West Virginia.”

Whereas, The Legislature recognizes the important role tourism plays in each of our communities; and

Whereas, The Legislature recognizes and appreciates the focus on tourism the Governor has displayed with his elevation of Chelsea Ruby to the position of Cabinet Secretary, who has performed exceptionally in this role promoting the State and its tourism opportunities; and

Whereas, The Legislature sees value in providing our support of the Department of Tourism’s initiatives and looks forward to working with Secretary Ruby; and

Whereas, The Legislature also recognizes the role of our Convention and Visitors’ Bureaus (“CVBs”) as a valuable entity for the benefit of the promotion of tourism for our local areas; and

Whereas, Our local CVBs work in concert with our state tourism department. It is the desire of the Legislature to fully understand our CVB structure and to provide aid to assist them to be most effective; and

Whereas, The Legislature recognizes the beauty and value in our state parks. Over the last year during the COVID crisis, we had numerous residents and out of state visitors enjoying the camping we offer within our state parks; and

Whereas, The Legislature notes that revising or eliminating certain regulations and policies that hinder the Department of Natural Resources from expanding and repairing camping opportunities, in conjunction with Department of Natural Resources Director, Steve McDaniel, may open up greater opportunity for expanded tourism within our state; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance study the Convention and Visitors’ Bureaus and tourism initiatives in the State of West Virginia, identifying certain regulations and policies that hinder the Department of Natural Resources from expanding and repairing camping opportunities, in conjunction with Department of Natural Resources Director, Steve McDaniel; and

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2022, on its findings, conclusions, and recommendations, together with drafts of any legislation or resolutions necessary to effectuate its recommendations; and, be it

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

Delegates Storch, Cooper, Dean, Evans, Gearheart, Hamrick, Haynes, J. Jeffries, Maynard, Paynter, Pethtel and Phillips offered the following resolution, which was read by its title and referred to the Committee on Energy and Manufacturing then Rules:

H. C. R. 90 - “Requesting the Joint Committee on Government and Finance study the commercial discrimination of producers of coal, gas, oil, carbon-based energy, and other productions in the State of West Virginia.”

Whereas, The Legislature finds it is contrary to the interests of the State of West Virginia and the citizens of West Virginia for taxpayer dollars or retirement funds of public pensions to be invested in or at the direction of entities engaging in, providing incentives for, or directing strategies to divest from companies invested or assisting in the production of or the manufacturing of any of the following: (1) Natural gas, (2) oil, (3) coal, (4) petrochemicals, (5) forestry products, or (6) agriculture commodities; and

Whereas, The term “board” as used in this resolution hereby refers to the Board of Trustees of the West Virginia Public Employees Retirement System (“PERS”), under the Consolidated Public Retirement Board, as defined by §5-10-2(7) of this code; and

Whereas, The term “fund” as used in this resolution refers to the funds administered and invested by the board of the West Virginia Public Employees Retirement system (PERS); and

Whereas, As part of this study, the Joint Committee on Government and Finance shall study the effect of the board identifying all restricted businesses in which the Fund has direct or indirect holdings; the effect of the Board identifying the names of all restricted businesses into a restricted business list; and the effect of the Board updating the restricted business list at least on an annual basis; and

Whereas, As part of this study, the Joint Committee on Government and Finance shall study the effect of the Board sending to each restricted business that is identified under §5-10E-3 of this code as a business in which a fund has direct or indirect holdings a written notice concerning the contents of this chapter and a statement indicating that the fund’s holdings in the business may become subject to divestment by the system; and

Whereas, As part of this study, the Joint Committee on Government and Finance shall study the effect of the board dealing with the failure of certain businesses to comply with these requirements; and

Whereas, In relation to this study, these requirements would not apply to private equity funds; however, the board shall ensure that reasonable efforts are made during the due diligence process before an investment is made in a private equity partnership to determine whether any investments by the private equity general partner on behalf of the private equity partnership include a restricted business; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance study the commercial discrimination of producers of coal, gas, oil, carbon-based energy, and other productions in the State of West Virginia; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2022, on its findings, conclusions, and recommendations, together with drafts of any legislation or resolutions necessary to effectuate its recommendations; and, be it

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

Special Calendar

Third Reading

Com. Sub. for S. B. 80, Allowing for administration of certain small estates by affidavit and without appointment of personal representative; 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. 402), and there were—yeas 83, nays 15, absent and not voting 2, with the nays and the absent and not voting being as follows:

Nays: Booth, Bridges, Burkhammer, Fast, Ferrell, Haynes, Holstein, J. Jeffries, Jennings, Longanacre, McGeehan, Pinson, Reynolds, Steele and Worrell.

Absent and Not Voting: Higginbotham and Thompson.

So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 80) passed.

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

Com. Sub. for S. B. 81, Relating generally to WV Uniform Trust Code; 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. 403), and there were—yeas 85, nays 13, absent and not voting 2, with the nays and the absent and not voting being as follows:

Nays: Booth, Bridges, Cooper, Dean, Ferrell, Haynes, J. Jeffries, McGeehan, Paynter, Pinson, Steele, Wamsley and Worrell.

Absent and Not Voting: Higginbotham and Thompson.

So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 81) passed.

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

On this question, the yeas and nays were taken (Roll No. 404), and there were—yeas 85, nays 13, absent and not voting 2, with the nays and the absent and not voting being as follows:

Nays: Booth, Bridges, Cooper, Dean, Ferrell, Haynes, J. Jeffries, McGeehan, Miller, Paynter, Pinson, Steele and Worrell.

Absent and Not Voting: Higginbotham and Thompson.

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. 81) takes effect from its passage.

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

Com. Sub. for S. B. 346, Authorizing DMV use electronic means when providing notice for licensees and vehicle owners; 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. 405), and there were—yeas 92, nays 6, absent and not voting 2, with the nays and the absent and not voting being as follows:

Nays: Hanna, Longanacre, Miller, Pinson, Steele and Worrell.

Absent and Not Voting: Higginbotham and Thompson.

So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 346) passed.

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

S. B. 374, Increasing threshold for bid requirement to $10,000 to be consistent with other state agencies; 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. 406), and there were—yeas 93, nays 5, absent and not voting 2, with the nays and the absent and not voting being as follows:

Nays: Bridges, Maynard, Steele, Toney and Worrell.

Absent and Not Voting: Higginbotham and Thompson.

So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (S. B. 374) passed.

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

Com. Sub. for S. B. 375, Relating to county boards of education policies for open enrollment; 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. 407), and there were—yeas 91, nays 7, absent and not voting 2, with the nays and the absent and not voting being as follows:

Nays: Booth, Brown, Dean, Miller, Paynter, Steele and Worrell.

Absent and Not Voting: Higginbotham and Thompson.

So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 375) passed.

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

Com. Sub. for S. B. 375 – “A Bill to amend and reenact §18-5-16 of the Code of West Virginia, 1931, as amended, relating to county board of education open enrollment; amending provisions pertaining to the contents of county board of education policies for open enrollment; prohibiting transfer refusal by virtue of student transferring from approved exemption (k) school; setting forth reasons for which an open enrollment application may be denied and the process for application denial; and amending provisions pertaining to funding in certain instances of a student transfer.”

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 S. B. 389, Relating to State Resiliency Office responsibility to plan for emergency and disaster response, recovery, and resiliency; 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. 408), and there were—yeas 93, nays 5, absent and not voting 2, with the nays and the absent and not voting being as follows:

Nays: Booth, Bridges, McGeehan, Steele and Worrell.

Absent and Not Voting: Higginbotham and Thompson.

So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 389) passed.

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

Com. Sub. for S. B. 389 – “A Bill to amend and reenact §29-31-2 of the Code of West Virginia, 1931, as amended, relating to clarifying that State Resiliency Office is responsible to plan for emergency and disaster response, recovery, and resiliency; clarifying that the State Resiliency Officer is a member of the State Resiliency Office Board; placing Secretary of the Department of Health and Human Resources on board; requiring that the President of the Senate appoint two nonvoting members, one from each party, to the board; requiring the Speaker of the House of Delegates appoint two nonvoting members, one from each party, to the board; requiring that State Resiliency Officer vote only in the event of a tie vote of board; requiring that board elect a vice chair from its membership; establishing duties and responsibilities of the vice chair; and eliminating notice requirement for board meetings.”

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 S. B. 421, Authorizing Workforce West Virginia to hire at-will employees; 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. 409), and there were—yeas 69, nays 29, absent and not voting 2, with the nays and the absent and not voting being as follows:

Nays: Barach, Bates, Boggs, Booth, Brown, Dean, Diserio, Doyle, Fleischauer, Fluharty, Garcia, Griffith, Hansen, Hornbuckle, Kimes, Lovejoy, Miller, Paynter, Pethtel, Pritt, Pushkin, Rowe, Steele, Toney, Walker, Williams, Worrell, Young and Zukoff.

Absent and Not Voting: Higginbotham and Thompson.

So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 421) passed.

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

Com. Sub. for S. B. 429, Exempting Division of Emergency Management from Purchasing Division requirements for certain contracts; 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. 410), and there were—yeas 90, nays 8, absent and not voting 2, with the nays and the absent and not voting being as follows:

Nays: Gearheart, Kimes, McGeehan, Paynter, Pritt, Riley, Steele and Worrell.

Absent and Not Voting: Higginbotham and Thompson.

So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 429) passed.

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

S. B. 463, Consolidating position of Inspector General of former Workers’ Compensation Fraud and Abuse Unit and position of Director of Insurance Fraud Unit; 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. 411), and there were—yeas 93, nays 5, absent and not voting 2, with the nays and the absent and not voting being as follows:

Nays: Bruce, Miller, Paynter, Steele and Worrell.

Absent and Not Voting: Higginbotham and Thompson.

So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (S. B. 463) passed.

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

Com. Sub. for S. B. 472, Updating criteria for regulating certain occupations and professions; 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. 412), and there were—yeas 67, nays 31, absent and not voting 2, with the nays and the absent and not voting being as follows:

Nays: Barach, Boggs, Booth, Brown, Bruce, Diserio, Doyle, Evans, Fleischauer, Fluharty, Garcia, Hansen, Hornbuckle, Kimble, Longanacre, Lovejoy, Miller, Paynter, Pethtel, Pushkin, Riley, Rohrbach, Rowe, Skaff, Steele, Toney, Walker, Williams, Worrell, Young and Zukoff.

Absent and Not Voting: Higginbotham and Thompson.

So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 472) 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 S. B. 587, Making contract consummation with state more efficient; 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. 413), and there were—yeas 94, nays 3, absent and not voting 3, with the nays and the absent and not voting being as follows:

Nays: Bruce, Steele and Worrell.

Absent and Not Voting: Higginbotham, Thompson and Wamsley.

So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 587) passed.

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

On this question, the yeas and nays were taken (Roll No. 414), and there were—yeas 93, nays 4, absent and not voting 3, with the nays and the absent and not voting being as follows:

Nays: Bruce, Fast, Steele and Worrell.

Absent and Not Voting: Higginbotham, Longanacre and Thompson.

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. 587) takes effect from its passage.

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

Second Reading

S. B. 78, Relating to rehabilitative spousal support; on second reading, coming up in regular order, was read a second time and ordered to third reading.

S. B. 359, Informing landowners when fencing that may contain livestock is damaged due to accident; on second reading, coming up in regular order, was read a second time and ordered to third reading.

Com. Sub. for S. B. 377, Relating to extension for boil water advisories by water utility or public service district; on second reading, coming up in regular order, was read a second time and ordered to third reading.

S. B. 437, Extending contingent increase of tax rate on certain eligible acute care hospitals; on second reading, coming up in regular order, was read a second time and ordered to third reading.

Com. Sub. for S. B. 514, Providing criteria for Natural Resource Commission appointment and compensation; on second reading, coming up in regular order, was read a second time.

      Delegate Dean moved to amend the bill on page 1, by striking out everything after the enacting clause and inserting in lieu thereof the following:

“article 1. organization and administration.

§20-1-16. Natural resources commission — Generally.

(a) The natural resources commission, created and established by provisions of section three of this article code, shall be a public benefit corporation and as such may sue and be sued, plead and be impleaded, contract and be contracted with, and have and use a common seal. It shall be a commission advisory to the director and to the department division of natural resources. The commission shall be composed of seven members, known as commissioners, one from each congressional district and the remainder from the state at large, appointed by the Governor, by and with the advice and consent of the Senate. Their terms of office shall begin on July 1, and shall be for a period of seven years, except that the Governor in making the initial appointments shall designate and define their respective terms of office so that the term of one member of the commission will expire each year. As initial appointments expire, all subsequent appointments shall be for terms of seven years or for the unexpired term of a member who may have died, resigned or become disqualified. In the interests of fair representation, the current size of the DNR commission will be increased by two. Because of this, the commission shall be composed of nine members, known as commissioners, one from each division of natural resources district and the remainder from the state at large, and shall be appointed to provide the broadest geographic distribution possible so that each commissioner shall attend the division sectional meetings established in §20-1-7(6) of this code within his or her respective district.

(b) In the interest of providing representation to all parts of the state, the Governor shall appoint two new members, that represent Districts 3 and 6.  To return the commission to its current size, the appointments that expire on June 30, 2021 and June 30, 2022 will not be filled, so long as their district is still represented.

(c) The members of the commission shall be citizens and residents of the state, selected with special reference to their training and experience in relation to the principal activities required of the commission, and for their ability and fitness to perform their duties within the purposes of this chapter and shall be selected with special emphasis on his or her interest in the conservation of the natural resources of the state. No member of the commission shall be a candidate for or hold any public office other than that of member of the commission; nor shall he or she be a member of any committee of a political party. In case a member becomes a candidate for or accepts appointment to any public office or political party committee, his or her office as member of the commission shall be immediately vacated. The director of the division of natural resources may submit recommendations to the Governor for the appointment of the commissioners: Provided, That the Governor shall not be limited to those recommendations.

(d) Commissioners are not entitled to compensation for services performed for the commission, but may be reimbursed by the division of natural resources for actual and necessary expenses incurred for each day in which he or she is engaged in the discharge of official duties, the actual expenses not to exceed the amount paid similar reimbursement to members of the Legislature.”

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

The yeas and nays having been ordered, they were taken (Roll No. 415), and there were—yeas 46, nays 51, absent and not voting 3, with the yeas and the absent and not voting being as follows:

Yeas: Anderson, Barach, Bates, Boggs, Booth, Brown, Clark, Cooper, Dean, Diserio, Doyle, Evans, Ferrell, Fleischauer, Fluharty, Gearheart, Griffith, Hansen, Holstein, Hornbuckle, Horst, J. Jeffries, J. Kelly, Kimble, Kimes, Longanacre, Lovejoy, Maynard, McGeehan, Miller, Nestor, Paynter, Pethtel, Phillips, Pushkin, Rowe, Skaff, Smith, Toney, Tully, Walker, G. Ward, Williams, Worrell, Young and Zukoff.

Absent and Not Voting: Bridges, Higginbotham and Thompson.

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

The strike and insert amendment having been, in the absence of objection, considered first and rejected, the Clerk reported an amendment offered by Delegate Worrell on page 1, section 16, line 18, immediately following the words “July 1”, by striking out the word “2021” and inserting in lieu thereof the word “2024”.

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

The yeas and nays having been ordered, they were taken (Roll No. 416), and there were—yeas 36, nays 61, absent and not voting 3, with the yeas and the absent and not voting being as follows:

Yeas: Barach, Bates, Booth, Dean, Diserio, Doyle, Ferrell, Fleischauer, Fluharty, Gearheart, Griffith, Hornbuckle, Horst, J. Jeffries, J. Kelly, Kimble, Lovejoy, Maynard, McGeehan, Miller, Nestor, Paynter, Phillips, Pritt, Pushkin, Rowe, Skaff, Smith, Storch, Toney, Walker, G. Ward, Williams, Worrell, Young and Zukoff.

Absent and Not Voting: Bridges, Higginbotham and Thompson.

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

There being no further amendments, the bill was ordered to third reading.

Com. Sub. for S. B. 518, Relating to grounds for administrative dissolution of certain companies, corporations, and partnerships; on second reading, coming up in regular order, was read a second time and ordered to third reading.

S. B. 644, Exempting certain persons pursuing degree in speech pathology and audiology from license requirements; on second reading, coming up in regular order, was read a second time.

An amendment, recommended by the Committee on Health and Human Resources, was reported by the Clerk, and adopted, amending the bill on page 2, section 2, line 20, by striking out the words, “in speech-language pathology or”.

And,

On page 2, section 2, line 25, by striking out the words “speech-language pathology or”.

On motion of Delegate J. Pack, the bill was amended on page 1, section 2, line 1, by striking out the inserted word “and” and inserting the language “and (e)”.

The bill was then ordered to third reading.

First Reading

S. J. R. 4, Incorporation of Churches or Religious Denominations Amendment; on first reading, coming up in regular order, was read a first time and ordered to second reading.

Com. Sub. for S. B. 263, Permitting online raffles to benefit charitable and public service organizations; on first reading, coming up in regular order, was read a first time and ordered to second reading.

Com. Sub. for S. B. 294, Relating generally to savings and investment programs offered by state; on first reading, coming up in regular order, was read a first time and ordered to second reading.

Com. Sub. for S. B. 297, Relating generally to modernizing Board of Treasury Investments; on first reading, coming up in regular order, was read a first time and ordered to second reading.

S. B. 307, Relating generally to in-state tuition rates for certain persons; on first reading, coming up in regular order, was read a first time and ordered to second reading.

Com. Sub. for S. B. 318, Relating generally to public notice of unclaimed property held by State Treasurer; on first reading, coming up in regular order, was read a first time and ordered to second reading.

Com. Sub. for S. B. 343, Authorizing DMV to process online driver’s license or identification card change of address; on first reading, coming up in regular order, was read a first time and ordered to second reading.

Com. Sub. for S. B. 361, Extending supervision for conviction of soliciting minor and using obscene matter with intent to seduce minor; on first reading, coming up in regular order, was read a first time and ordered to second reading.

S. B. 376, Removing obsolete provisions regarding DOH standards for studded tires and chains; on first reading, coming up in regular order, was read a first time and ordered to second reading.

Com. Sub. for S. B. 392, Creating penalty for impersonating law-enforcement officer or official; on first reading, coming up in regular order, was read a first time and ordered to second reading.

S. B. 397, Relating to health care provider tax; on first reading, coming up in regular order, was read a first time and ordered to second reading.

Com. Sub. for S. B. 401, Relating to WV Consumer Credit and Protection Act; on first reading, coming up in regular order, was read a first time and ordered to second reading.

Com. Sub. for S. B. 434, Requiring training for law-enforcement officers responsible for investigating crimes of sexual assault; on first reading, coming up in regular order, was read a first time and ordered to second reading.

Com. Sub. for S. B. 460, Relating to Deputy Sheriff Retirement System Act; on first reading, coming up in regular order, was read a first time and ordered to second reading.

Com. Sub. for S. B. 466, Relating generally to appraisal management companies; on first reading, coming up in regular order, was read a first time and ordered to second reading.

Com. Sub. for S. B. 479, Relating to WV veterans service decoration and WV Service Cross; on first reading, coming up in regular order, was read a first time and ordered to second reading.

Com. Sub. for S. B. 483, Allowing oaths be taken before any person authorized to administer oaths; on first reading, coming up in regular order, was read a first time and ordered to second reading.

S. B. 494, Authorizing transfer of moneys from Insurance Commission Fund to Workers’ Compensation Old Fund; on first reading, coming up in regular order, was read a first time and ordered to second reading.

S. B. 496, Relating to punishment for second or third degree felony; on first reading, coming up in regular order, was read a first time and ordered to second reading.

Com. Sub. for S. B. 562, Relating to juvenile competency proceedings; on first reading, coming up in regular order, was read a first time and ordered to second reading.

S. B. 577, Exempting certain fire departments from licensure requirements for providing rapid response services; on first reading, coming up in regular order, was read a first time and ordered to second reading.

Com. Sub. for S. B. 585, Requiring BOE create and provide course in family and consumer sciences in secondary schools; on first reading, coming up in regular order, was read a first time and ordered to second reading.

Com. Sub. for S. B. 626, Updating regulation for purchase of automobile catalytic converters; on first reading, coming up in regular order, was read a first time and ordered to second reading.

Com. Sub. for S. B. 634, Requiring training of certain officers for persons with autism spectrum disorder; on first reading, coming up in regular order, was read a first time and ordered to second reading.

Com. Sub. for S. B. 636, Requiring certain history and civics courses be taught in schools, coming up in regular order, was read a first time and ordered to second reading,

S. B. 651, Allowing county boards of education to publish financial statements on website; on first reading, coming up in regular order, was read a first time and ordered to second reading.

Com. Sub. for S. B. 673, Relating to venue for bringing civil action or arbitration proceedings under construction contracts; on first reading, coming up in regular order, was read a first time and ordered to second reading.

S. B. 680, Allowing State Superintendent of Schools define classroom teachers certified in special education; on first reading, coming up in regular order, was read a first time and ordered to second reading.

S. B. 693, Updating certain definitions and terms used in WV Personal Income Tax Act, coming up in regular order, was read a first time and ordered to second reading.

Delegate Summers moved to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.

On this question, the yeas and nays were taken (Roll No. 417), 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: Bridges, Higginbotham, Thompson, Westfall and Worrell.

So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.

The bill was then read a second time and ordered to third reading.

The bill was read a third time and put upon its passage.

Delegate J. Jeffries requested to be excused from voting under the provisions of House Rule 49.

The Speaker replied that the Delegate was a member of a class of persons possibly to be affected and directed the Member to vote.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 418), and there were—yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

Absent and Not Voting: Higginbotham, Thompson and Westfall.

So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (S. B. 693) passed.

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

On this question, the yeas and nays were taken (Roll No. 419), and there were—yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

Absent and Not Voting: Higginbotham, Thompson and Westfall.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 693) takes effect from its passage.

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

S. B. 710, Requiring impact statement in certain instances of school closing or consolidation; on first reading, coming up in regular order, was read a first time and ordered to second reading.

S. B. 713, Relating generally to inmate good time; on first reading, coming up in regular order, was read a first time and ordered to second reading.

H. B. 2895, Supplementing and amending the appropriations of public moneys to the Department of Veterans’ Assistance; on first reading, coming up in regular order, was read a first time and ordered to second reading.

H. B. 2900, Expiring funds to the balance of the Department of Education – State Board of Education – School Building Authority – School Construction Fund; on first reading, coming up in regular order, was read a first time and ordered to second reading.

H. B. 3313, Making supplemental appropriation to the Division of Motor Vehicles; on first reading, coming up in regular order, was read a first time and ordered to second reading.

H. B. 3314, Making supplemental appropriation to West Virginia State Police; on first reading, coming up in regular order, was read a first time and ordered to second reading.

H. B. 3315, Making supplemental appropriation to Division of Environmental Protection - Oil and Gas Reclamation Fund; on first reading, coming up in regular order, was read a first time and ordered to second reading.

H. B. 3316, Supplemental appropriation to the Department of Education, State Board of Education; on first reading, coming up in regular order, was read a first time and ordered to second reading.

At 11:02 a.m., on motion of Delegate Summers, the House of Delegates recessed until 11:20 a.m.

Third Reading

Com. Sub. for H. B. 2022, Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article six of the Constitution; on third reading with amendments pending, was reported by the Clerk.

An amendment offered by Delegates Steele, Foster and Householder, was reported by the Clerk, on page 7, Title 2 – Appropriations, section 1, line 4, by striking out 276,392 and replacing it with 274,389;

And,

To amend the bill page 7, Title 2 – Appropriations, section 1, line 11, by striking 5,952,206 and replacing it with 5,950,203.

Whereupon,

Delegate Steele obtained unanimous consent that the amendment be withdrawn.

Delegates Doyle, Skaff, Hornbuckle, Williams, Rowe, Zukoff, Walker, Hansen, Evans, Young, Garcia, Thompson and Fleischauer moved to amend the bill on page 50, under “61 – Division of Human Services” on line 7, by reducing appropriation 18900 by $28,000,000 and reconciling line 36 on page 51 accordingly;

On page 72, under “96 – West Virginia University – General Administrative Fund” on line 1, by increasing appropriation 45900 by $18,000,000 and reconciling line 7 on page 72 accordingly;

On page 73, under “98 – Marshall University – General Administration Fund” on line 1, by increasing appropriation 44800 by $10,000,000 and reconciling line 7 on page 73 accordingly;

And,

On page 193, Section 9, by striking out items 390 and 391 and inserting in lieu thereof the following:

“61 – Division of Human Services

(WV Code Chapters 9, 48, and 49)

Fund 0403 FY 2022 Org 0511

Medical Services......................................................................... 18900                $28,000,000.”

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

The yeas and nays having been ordered, they were taken (Roll No. 420), and there were—yeas 20, nays 77, absent and not voting 3, with the yeas and the absent and not voting being as follows:

Yeas: Barach, Bates, Boggs, Diserio, Doyle, Evans, Fleischauer, Fluharty, Garcia, Griffith, Hansen, Hornbuckle, Pethtel, Pushkin, Rowe, Skaff, Walker, Williams, Young and Zukoff.

Absent and Not Voting: Higginbotham, Thompson and Westfall.

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

Delegates Fleischauer, Zukoff, Hansen, Walker, Pethtel and Garcia moved to amend the bill on page 193, section 9, after the second line 1 which provides “West Virginia University – Surplus……. ##### $18,000,000”, by inserting a new appropriation as follows:

“57 – Division of Health –

Central Office

(WV Code Chapter 16)

Fund 0407 FY 2022 Org 0506

State Aid for Local and Basic Public Health Services................ 18400             $2,487,838.00”;

And,

On page 193, section 9, on the second line 2, by reconciling “Total TITLE II, Section 9 – Surplus Accrued” accordingly.

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

The yeas and nays having been ordered, they were taken (Roll No. 421), and there were—yeas 23, nays 74, absent and not voting 3, with the yeas and the absent and not voting being as follows:

Yeas: Barach, Bates, Boggs, Brown, Diserio, Doyle, Evans, Fleischauer, Fluharty, Garcia, Griffith, Hansen, Hornbuckle, Lovejoy, Mandt, Pethtel, Pushkin, Rowe, Skaff, Walker, Williams, Young and Zukoff.

Absent and Not Voting: Higginbotham, Thompson and Westfall.

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

An amendment offered by Delegates Rowe, Lovejoy, Walker, Barach, Hansen, Pushkin, Young, Evans, Thompson and Doyle, was reported by the Clerk, on page 193, section 9, after the second line 1 which provides “West Virginia University – Surplus……. ##### $18,000,000” by inserting a new appropriation as follows:

“97 – Marshall University –

School of Medicine

(WV Code Chapter 18B)

Fund 0347 FY 2022 Org 0471

Minority Health Institute............................................................... XXXX                     $190,000”;

And,

On page 193, section 9, on the second line 2, by reconciling “Total TITLE II, Section 9 – Surplus Accrued” accordingly.

Whereupon,

Delegate Rowe obtained consent to reform the amendment as follows:

Delegates Rowe, Lovejoy, Walker, Barach, Hansen, Hornbuckle, Pushkin, Young, Evans, Thompson and Doyle moved to amend the bill on page 193, section 9, after the first line 1 which provides “Marshall University – Surplus……. ##### $10,000,000”, by inserting a new appropriation as follows:

Minority Health Institute............................................................... XXXX                     $190,000”;

And,

On page 193, section 9, on the second line 2, by reconciling “Total TITLE II, Section 9 – Surplus Accrued” accordingly.

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

The yeas and nays having been ordered, they were taken (Roll No. 422), and there were—yeas 23, nays 74, absent and not voting 3, with the yeas and the absent and not voting being as follows:

Yeas: Barach, Bates, Boggs, Brown, Diserio, Doyle, Evans, Fleischauer, Fluharty, Garcia, Griffith, Hansen, Hornbuckle, Lovejoy, Paynter, Pethtel, Pushkin, Rowe, Skaff, Walker, Williams, Young and Zukoff.

Absent and Not Voting: Higginbotham, Thompson and Westfall.

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

Delegates Pushkin, Fleischauer, Fluharty, Young, Diserio, Walker, Hansen, Barach, Griffith, Pethtel, Lovejoy and Thompson moved to amend the bill on page 193, section 9, after the second line 1 which provides “West Virginia University – Surplus……. ##### $18,000,000”, by inserting a new appropriation as follows:

“48 – State Board of Education –

Vocational Division

(WV Code Chapters 18 and 18A)

Fund 0390 FY 2022 Org 0402

Jobs & Hope................................................................................ 14902                  $3,100,000”;

And,

On page 193, Section 9, on the second line 2 by reconciling “Total TITLE II, Section 9 – Surplus Accrued” accordingly.

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

The yeas and nays having been ordered, they were taken (Roll No. 423), and there were—yeas 22, nays 73, absent and not voting 5, with the yeas and the absent and not voting being as follows:

Yeas: Barach, Bates, Boggs, Brown, Diserio, Doyle, Evans, Fleischauer, Fluharty, Garcia, Griffith, Hansen, Hornbuckle, Lovejoy, Pethtel, Pushkin, Rowe, Skaff, Walker, Williams, Young and Zukoff.

Absent and Not Voting: Bridges, Higginbotham, Thompson, Wamsley and Westfall.

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

There being no further amendments, and having been engrossed, the bill was then read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 424), and there were—yeas 83, nays 14, absent and not voting 3, with the nays and the absent and not voting being as follows:

Nays: Barach, Diserio, Doyle, Fleischauer, Fluharty, Griffith, Hansen, Hornbuckle, Kimes, Lovejoy, Pushkin, Walker, Williams and Young.

Absent and Not Voting: Higginbotham, Thompson and Westfall.

So, a majority of the members elected having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2022) passed.

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

On this question, the yeas and nays were taken (Roll No. 425), and there were—yeas 94, nays 3, absent and not voting 3, with the nays and the absent and not voting being as follows:

Nays: Hansen, Kimes and Walker.

Absent and Not Voting: Higginbotham, Thompson and Westfall.

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. 2022) 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.

At the request of Delegate Summers, and by unanimous consent, leaves of absence for the day were granted Delegates Higginbotham and Thompson.

Miscellaneous Business

At 1:06 a.m., the House of Delegates adjourned until 11:00 a.m., Monday, April 5, 2021.

HOUSE OF DELEGATES

STEPHEN J. HARRISON, Clerk

Building 1, Room M-212

1900 Kanawha Blvd., East

Charleston, WV 25305-0470