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Thursday, January 27, 2022
SIXTEENTH DAY
[DELEGATE HANSHAW, MR. SPEAKER, IN THE CHAIR]
The House of Delegates met at 11:00 a.m., and 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 Wednesday, January 26, 2022, 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 H. B. 2882, on Second Reading, Special Calendar, had been transferred to the House Calendar.
Committee Reports
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:
H. B. 4098, Relating to Geothermal Energy Development,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4098) was 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:
H. B. 2493, Providing valuation limitations for coal property taxation and clarifying the penalties for non-filers,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2493) was referred to the Committee on Finance.
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:
H. R. 6, Urging the Army Corps of Engineers to support hydroelectric power generation at the Summersville Dam,
And reports the same back with the recommendation that it be adopted, but that it first be referred to the Committee on Rules.
In accordance with the former direction of the Speaker, the bill (H. R. 6) was referred to the Committee on Rules.
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:
H. B. 4243, Authorizing the Office of Miners’ Health, Safety and Training to promulgate a legislative rule relating to Governing the Safety of Those Employed in and Around Surface Mines in West Virginia,
H. B. 4244, Authorizing the Office of Miners’ Health, Safety and Training to promulgate a legislative rule relating to Governing First-Aid Training of Shaft and Slope Employees,
And,
H. B. 4245, Authorizing the Office of Miners’ Health, Safety and Training to promulgate a legislative rule relating to Substance Abuse Screening, Standards and Procedures,
And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on Government Organization.
In accordance with the former direction of the Speaker, the bills (H. B. 4243, H. B. 4244 and H. B. 4245) were each referred to the Committee on Government Organization.
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:
H. B. 4122, Authorizing the Department of Environmental Protection to promulgate a legislative rule relating to Requirements for the Management of Coal Combustion Residuals,
H. B. 4124, Authorizing the Department of Environmental Protection to promulgate a legislative rule relating to Underground Injection Control,
And,
H. B. 4125, Authorizing the Department of Environmental Protection to promulgate a legislative rule relating to Administrative Proceedings and Civil Penalty Assessment,
And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 4122, H. B. 4124 and H. B. 4125) were each referred to the Committee on the Judiciary.
Delegate Martin, Chair of the Committee on Political Subdivisions, submitted the following report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 2232, Providing a process by which a city may hold an election to recall an ordinance,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2232) was referred to the Committee on the Judiciary.
Delegate Statler, Chair of the Committee on Fire Departments and Emergency Medical Services, submitted the following report, which was received:
Your Committee on Fire Departments and Emergency Medical Services has had under consideration:
H. B. 4142, Authorizing the Fire Commission to promulgate a legislative rule relating to the Fire Code,
H. B. 4143, Authorizing the Fire Commission to promulgate a legislative rule relating to the State Building Code,
H. B. 4144, Authorizing the Fire Commission to promulgate a legislative rule relating to Volunteer Fire Department Equipment and Training Grant Funding Disbursement,
H. B. 4145, Authorizing the Fire Commission to promulgate a legislative rule relating to Specialized Membership,
H. B. 4146, Authorizing the Fire Commission to promulgate a legislative rule relating to Junior Firefighters,
H. B. 4147, Authorizing the Fire Commission to promulgate a legislative rule relating to the Certification of Fire Chiefs,
H. B. 4148, Authorizing the Fire Commission to promulgate a legislative rule relating to Use of Aqueous Film-Forming Foam (AFFF) for Fire Training Program Purposes,
And,
H. B. 4149, Authorizing the Fire Marshal to promulgate a legislative rule relating to Regulation of Fireworks and Related Explosive Materials,
And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on Government Organization.
In accordance with the former direction of the Speaker, the bills (H. B. 4142, H. B. 4143, H. B. 4144, H. B. 4145, H. B. 4146, H. B. 4147, H. B. 4148 and H. B. 4149) were each referred to the Committee on Government Organization.
Delegate Westfall, Chair of the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 4271, To establish the West Virginia Security for Public Deposits Act,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4271) was referred to the Committee on Finance.
Delegate Westfall, Chair of the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 4326, To modify the five-year waiting period and 100-person minimum for an association health plan, and to allow new flexibility granted under federal rules,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4326) was referred to the Committee on the Judiciary.
Delegate Westfall, Chair of the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 4295, To transfer the State Office of the National Flood Insurance Program from the Offices of the Insurance Commissioner to the Division of Emergency Management,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Veterans’ Affairs and Homeland Security then Government Organization.
In accordance with the former direction of the Speaker, the bill (H. B. 4295) was referred to the Committee on Veterans’ Affairs and Homeland Security then Government Organization.
Delegate Westfall, Chair of the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 4364, To update the law related to money transmitters to align West Virginia with the majority of states with respect to control of a licensee and key individuals as well as net worth,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4364) was referred to the Committee on the Judiciary.
Delegate Dean, Chair of the Committee on Agriculture and Natural Resources, submitted the following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
H. B. 4247, Authorizing the Division of Natural Resources to promulgate a legislative rule relating to Special Motorboating Regulations,
And,
H. B. 4246, Authorizing the Division of Natural Resources to promulgate a legislative rule relating to Revocation of Hunting and Fishing Licenses,
And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on Government Organization.
In accordance with the former direction of the Speaker, the bills (H. B. 4247 and H. B. 4246) were each referred to the Committee on Government Organization.
Delegate Queen, Chair of the Committee on Small Business, Entrepreneurship and Economic Development, submitted the following report, which was received:
Your Committee on Small Business, Entrepreneurship and Economic Development has had under consideration:
H. B. 4084, Relating to advanced recycling,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Energy and Manufacturing.
In accordance with the former direction of the Speaker, the bill (H. B. 4084) was referred to the Committee on Energy and Manufacturing.
Delegate Ellington, Chair of the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 4008, Relating to Higher Education Policy Commission funding formula,
And,
H. B. 4289, Establishing the behavioral health workforce education initiative at the Higher Education Policy Commission,
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 Finance.
In accordance with the former direction of the Speaker, the bills (H. B. 4008 and H. B. 4289) were each referred to the Committee on Finance.
Delegate Ellington, Chair of the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 4110, Relating to staffing levels at multi-county vocational centers,
And reports the same back with the recommendation that it do pass.
Delegate Ellington, Chair of the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 4360, Relating to WV Invest community service requirements,
And reports back a committee substitute therefor, as follows:
Com. Sub. for H. B. 4360 - “A Bill to amend and reenact 18C-9-5 of the Code of West Virginia, 1931, as amended, relating to eligibility requirements for the West Virginia Invests Grant Program; providing that the community service requirement may be satisfied by certain military service; and providing for reimbursement to certain grant recipients that have repaid a grant and related expenses charged for failure to meet the community service requirement,”
With the recommendation that the committee substitute do pass.
Delegate Capito, Chair of the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4312, Extending the option of electronic absentee ballot transmission to first responders in certain emergency circumstances,
And,
S. B. 244, Relating to appointment of judges to Intermediate Court of Appeals,
And reports the same back with the recommendation that they each do pass.
Delegate Steele, Chair of the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4260, Creating the State Central Legal Advertising website,
And,
H. B. 4297, To facilitate the sharing of information between the Department of Health and Human Resources and the State Auditor’s office in order to investigate reports of financial abuse and neglect of a vulnerable adult,
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 (H. B. 4260 and H. B. 4297) were each referred to the Committee on the Judiciary.
Delegate Steele, Chair of the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4333, Relating to the sunset of the Board of Hearing-Aid Dealers and Fitters,
And reports back a committee substitute therefor, as follows:
Com. Sub. for H. B. 4333 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-26-21, relating to sunset the Board of Hearing-Aid Dealers and Fitters,”
With the recommendation that the committee substitute do pass.
Delegate Steele, Chair of the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4286, Relating to exempting persons employed as attorneys from the civil service system,
And reports the same back with the recommendation that it 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. R. 5, Regarding power grid stability,
And reports the same back with the recommendation that it be adopted.
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. R. 9, Amending the rules of the House of Delegates,
And reports the same back with the recommendation that it be rejected.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
S. B. 1 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-61-1, §33-61-2, §33-61-3, §33-61-4, §33-61-5, §33-61-6, §33-61-7, §33-61-8, §33-61-9, and §33-61-10, all relating to creating the Mining Mutual Insurance Company; providing for the scope of the company; providing for findings and a purpose for the company; creating definitions; laying out the authorization for the company, as well as establishing requirements and limitations for the company; providing for governance and organization of the company; providing for management and administration of the company; creating an application for licensure with the company and establishing the authority of the commissioner; providing for initial capital and surplus; authorizing types of coverage and definition discretionary participation in the company; and setting forth applicable law”; which was referred to the Committee on Energy and Manufacturing then Finance.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had concurred in the changed effective date, to take effect from passage, of
S. B. 191, Allowing poll workers to work full and half days.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 334 - “A Bill to amend and reenact §64-9-1 et seq. of the Code of West Virginia, 1931, as amended, relating generally to authorizing certain miscellaneous agencies and boards to promulgate legislative rules; authorizing the rules, as filed, as modified, and as amended by the Legislative Rule-Making Review Committee, and as amended by the Legislature; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to feeding of untreated garbage to swine; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to commercial feed; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to enrichment of flour and bread law regulations; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to fruits and vegetables: certification for potatoes for seedling purposes; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to Fresh Food Act; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to auctioneers; to authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to hemp products; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to livestock care standards; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to the Rural Rehabilitation Program; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to the Farm-to-Food Bank Tax Credit; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to farmers markets; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to seed certification; authorizing the State Auditor to promulgate a legislative rule relating to the procedure for local levying bodies to apply for permission to extend time to meet as levying body; authorizing the State Auditor to promulgate a legislative rule relating to accountability requirements for state funds and grants; authorizing the West Virginia Board of Chiropractic Examiners to promulgate a legislative rule relating to chiropractic telehealth practices; authorizing the Contractor Licensing Board to promulgate a legislative rule relating to the Contractor Licensing Act; authorizing the West Virginia Board of Examiners in Counseling to promulgate a legislative rule relating to licensure; authorizing the West Virginia Board of Examiners in Counseling to promulgate a legislative rule relating to licensed professional counselors fees; authorizing the West Virginia Board of Examiners in Counseling to promulgate a legislative rule relating to marriage and family therapist licensing; authorizing the West Virginia Board of Examiners in Counseling to promulgate a legislative rule relating to marriage and family therapist fees; authorizing the Dangerous Wild Animal Board to promulgate a legislative rule relating to dangerous wild animals; authorizing the West Virginia Board of Dentistry to promulgate a legislative rule relating to the West Virginia Board of Dentistry; authorizing the West Virginia Board of Dentistry to promulgate a legislative rule relating to the formation and approval of professional limited liability companies; authorizing the West Virginia Board of Dentistry to promulgate a legislative rule relating to the formation and approval of dental corporation and dental practice ownership; authorizing the West Virginia Board of Dentistry to promulgate a legislative rule relating to continuing education requirements; authorizing the West Virginia Board of Dentistry to promulgate a legislative rule relating to the administration of anesthesia by dentists; authorizing the West Virginia Board of Dentistry to promulgate a legislative rule relating to the expanded duties of dental hygienists and dental assistants; authorizing the West Virginia Board of Dentistry to promulgate a legislative rule relating to teledentistry; authorizing the West Virginia Board of Funeral Service Examiners to promulgate a legislative rule relating to the fee schedule; authorizing the West Virginia Massage Therapy Licensure Board to promulgate a legislative rule relating to general provisions; authorizing the West Virginia Board of Medicine to promulgate a legislative rule relating to licensing and disciplinary procedures for physicians, podiatric physicians, and surgeons; authorizing the West Virginia Board of Medicine to promulgate a legislative rule relating to licensure, practice requirements disciplinary and complaint procedures, continuing education, and physician assistants; authorizing the West Virginia Board of Medicine to promulgate a legislative rule relating to dispensing of prescription drugs by practitioners; authorizing the West Virginia Board of Medicine to promulgate a legislative rule relating to continuing education for physicians and podiatric physicians; authorizing the West Virginia Board of Medicine to promulgate a legislative rule relating to practitioner requirements for accessing the West Virginia Controlled Substances Monitoring Program Database; authorizing the West Virginia Board of Medicine to promulgate a legislative rule relating to the establishment and regulation of limited license to practice medicine and surgery at certain state veterans nursing home facilities; authorizing the West Virginia Board of Medicine to promulgate a legislative rule relating to registration to practice during a declared State of Emergency; authorizing the West Virginia Board of Osteopathic Medicine to promulgate a legislative rule relating to licensing procedures for osteopathic physicians; authorizing the West Virginia Board of Osteopathic Medicine to promulgate a legislative rule relating to Osteopathic Physicians Assistants; authorizing the West Virginia Board of Osteopathic Medicine to promulgate a legislative rule relating to practitioner requirements for controlled substances licensure and Accessing the West Virginia Controlled Substances Monitoring Program Database; authorizing the West Virginia Board of Pharmacy to promulgate a legislative rule relating to licensure and practice of pharmacy care; authorizing the West Virginia Board of Pharmacy to promulgate a legislative rule relating to the Controlled Substance Monitoring Program; authorizing the West Virginia Board of Pharmacy to promulgate a legislative rule relating to regulations governing pharmacists; authorizing the Public Service Commission to promulgate a legislative rule relating to rules governing the occupancy of customer-provided conduit; authorizing the West Virginia Real Estate Appraiser Licensing and Certification Board to promulgate a legislative rule relating to requirements for licensure or certification; authorizing the West Virginia Real Estate Appraiser Licensing and Certification Board to promulgate a legislative rule relating to the renewal of licensure and certification; authorizing the West Virginia Real Estate Appraiser Licensing and Certification Board to promulgate a legislative rule relating to requirements for registration and renewal of appraisal management companies; authorizing the West Virginia Board of Examiners for Registered Professional Nurses to promulgate a legislative rule relating to limited prescriptive authority for nurses in advanced practice; authorizing the Secretary of State to promulgate a legislative rule relating to voter registration at the Division of Motor Vehicles; authorizing the Secretary of State to promulgate a legislative rule relating to voter registration list maintenance by the Secretary of State; authorizing the Secretary of State to promulgate a legislative rule relating to the combined Voter Registration and Driver Licensing Fund; authorizing the Secretary of State to promulgate a legislative rule relating to the use of digital signatures; authorizing the Secretary of State to promulgate a legislative rule relating to regulation of political party headquarters finances; authorizing the Secretary of State to promulgate a legislative rule relating to standards and guidelines for electronic notarization, remote online notarization, and remote ink notarization; authorizing the Secretary of State to promulgate a legislative rule relating to real property electronic recording standards and regulations; authorizing the West Virginia Board of Social Work Examiners to promulgate a legislative rule relating to qualifications for the profession of social work; authorizing the West Virginia Board of Social Work Examiners to promulgate a legislative rule relating to continuing education for social workers and providers; authorizing the West Virginia Board of Examiners for Speech-Language Pathology and Audiology to promulgate a legislative rule relating to licensure of speech-pathology and audiology; authorizing the State Treasurer to promulgate a legislative rule relating to substitute checks- Exceptional Items Fund; authorizing the State Treasurer to promulgate a legislative rule relating to procedures for deposit of monies with the State Treasurer’s Office by state agencies; authorizing the State Treasurer to promulgate a legislative rule relating to the selection of state depositories for disbursement accounts through competitive bidding; authorizing the State Treasurer to promulgate a legislative rule relating to the selection of state depositories for receipt accounts; authorizing the State Treasurer to promulgate a legislative rule relating to procedures for processing payments from the State Treasury; authorizing the State Treasurer to promulgate a legislative rule relating to reporting debt; authorizing the State Treasurer to promulgate a legislative rule relating to procedures for fees in collections by charge, credit, or debit card or by electronic payment; and authorizing the State Treasurer to promulgate a legislative rule relating to procedures for providing services to political subdivisions”; which was referred to the Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 417 - “A Bill to amend and reenact §8-15-8b of the Code of West Virginia, 1931, as amended, relating to authorized expenditures of revenues from certain state funds for fire departments; clarifying and expanding categories of allowable expenditures; permitting state grant funds to be deposited into a state account and be transferred from the account for unrestricted use; and setting forth a 60-day time frame for fire departments receiving grant funds to transfer unrestricted funds from a restricted account”; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, and requested the concurrence of the House of Delegates in the passage, of
S. B. 427 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-3-19, relating to permitting West Virginia Board of Medicine investigators to carry a concealed weapon; establishing procedures and criteria for allowing investigators to carry a concealed weapon; and limiting liability for good faith acts or omissions”; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, and requested the concurrence of the House of Delegates in the passage, of
S. B. 436 - “A Bill to amend and reenact §20-3-6 of the Code of West Virginia, 1931, as amended, relating to correcting an incorrect code citation in regard to the enforcement authority of the State Fire Marshal”; which was referred to the Committee on Government Organization.
Resolutions Introduced
Delegates Linville and Maynard offered the following resolution, which was read by its title and referred to the Committee on Technology and Infrastructure then Rules:
H. C. R. 29 - “Requesting the Division of Highways name the bridge bearing Identification Number 04A078, located in Frametown, Braxton County, West Virginia, on County-Route Map 04-021/00-008.14, Latitude 38.635, Longitude -80.86440, approximately 0.01 miles South of West Virginia Route 4 along Frametown Herold Road on County Route 21, ‘David Allen Drake, Sr. Memorial Bridge.’”
Whereas, David Allen Drake, Sr. served the Braxton County community through devotion to molding and mentoring the youth of Braxton County as a volunteer coach of youth sports, serving multiple terms on the Braxton County Board of Education and exhibited substantial influence on the various communities in Braxton County through his support, leadership, volunteerism and genuine desire to exert a positive impact upon his community; and
Whereas, David Allen Drake, Sr., during his career as a General Construction Superintendent, supervised to completion a plethora of projects, including roadways and bridges, throughout central, south central and north central West Virginia, thereby making great, lasting and substantial improvements to the infrastructure of the State of West Virginia; and
Whereas, David Allen Drake, Sr. was universally recognized in his community as emblematic of the qualities common to the great people of West Virginia, to wit: love and devotion to family, hard work and a blue collar life, and devotion to community service; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways name the bridge bearing Identification Number 04A078, located in Frametown, Braxton County, West Virginia, on County-Route Map 04-021/00-008.14, Latitude 38.635, Longitude -80.86440, approximately 0.01 miles South of West Virginia Route 4 along Frametown Herold Road on County Route 21, “David Allen Drake, Sr. 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 “David Allen Drake, Sr. Memorial Bridge”; and, be it
Further Resolved, That the Clerk of the House forward a copy of this resolution to the Commissioner of the Division of Highways.
Delegates Maynard and Linville offered the following resolution, which was read by its title and referred to the Committee on Technology and Infrastructure then Rules:
H. C. R. 30 - “Requesting the Division of Highways name a bridge bearing bridge number 40-039/00-000.10 () (40A048), (38.34513,-81.99779), locally known as TRACE FORK TIMBER BRIDGE, carrying CR 39 over TRACE CREEK in Putnam county as the ‘U.S. Army Pvt. Dallis H. Johnson WWII Memorial Bridge.’”
Whereas, Dallis Harold Johnson was born on March 5, 1925, in Hurricane, West Virginia, where he was a lifelong resident of Putnam County and worked as a farmhand on the Johnson family farm; and
Whereas, Private Johnson enlisted in the U.S. Army at Huntington, W.Va. August 23, 1943; and
Whereas, In June of 1944, Private Johnson was stationed with the U.S. Army 133rd Infantry, fighting the Germans for control of Italy; and
Whereas, Private Johnson wrote his last letter home to his parents on June 19, 1944, as his regiment was taking a period of rest near Rome, Italy; and
Whereas, On June 26 and 27, 1944, Private Johnson’s regiment fought fiercely to capture small towns near Cecina, Italy; and
Whereas, On Wednesday, June 28, 1944, Dallis Harold Johnson, age 19, died in combat while fighting the Germans near Campiglia, Italy; and
Whereas, Private Johnson was sorely missed by his entire family, including his parents, Walter and Demma Bryant Johnson, sister Mairlis Edwards, brother Orus Johnson, brother Chester Johnson, brother Harless Johnson, and brother Gordon Johnson, after giving his life to fight for his country; and
Whereas, several years after his passing and later in her life, sister Mairlis Johnson Edwards worked to have Private Johnson’s name placed onto the West Virginia Veterans Memorial at the West Virginia State Capitol, which honors those lost in World War I, World War II, the Vietnam War and the Korean War, where it may still be seen today; and
Whereas, For these reasons it is fitting and proper that the bridge be named in honor of Private Johnson; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name a bridge bearing bridge number 40-039/00-000.10 () (40A048), (38.34513,-81.99779), locally known as TRACE FORK TIMBER BRIDGE, carrying CR 39 over TRACE CREEK in Putnam county,” as the “U.S. Army Pvt. Dallis H. Johnson WWII Memorial Bridge;” and, be it
Further Resolved, That the Commissioner of the Division of Highways is requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge as the “U.S. Army Pvt. Dallis H. Johnson WWII Memorial Bridge”; and, be it
Further Resolved, That the Clerk of the House forward a copy of this resolution to the Commissioner of the Division of Highways.
Delegates Keaton, Barnhart, Booth, Burkhammer, Clark, Conley, Crouse, Dean, Ferrell, Forsht, Hamrick, Hanna, Hardy, Holstein, Honaker, Horst, J. Jeffries, Kimble, Kimes, Longanacre, Mallow, Mandt, Mazzocchi, McGeehan, Miller, Paynter, Pinson, Pritt, Smith, Summers, Sypolt, Tully, B. Ward, G. Ward and Zatezalo offered the following resolution, which was read by its title and referred to the Committee on the Judiciary then Rules:
H. C. R. 31 - “Applying to the Congress of the United States to call a convention for proposing amendments that impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for its officials and for members of Congress: and adopting certain reservations, understandings and declarations limiting the application.”
Whereas, Executive orders by the President of the United States have become a vehicle through which the President may overstep the limits of his or her constitutional authority; and
Whereas, The concentration of power at the federal level has had the effect of making federal officials less responsive to the will of the people and more readily influenced by lobbyists, wealthy corporations and special interests in Washington, D. C.; and
Whereas, Much of federal law is now enacted by federal bureaucrats who were never chosen by the people and have no accountability to the people whatsoever; and
Whereas, Policy decisions made at the state level tend to be more responsive to the needs and desires of the people; and
Whereas, The federal government has created a crushing national debt through improper and imprudent spending; and
Whereas, The federal government has invaded the legitimate roles of the states through the manipulative process of federal mandates, many of which are unfunded to a great extent; and
Whereas, The states have the ability to restore the responsiveness of government to the people and to restrain abuses of federal power by proposing amendments to the Constitution of the United States through a limited convention of the states under Article V; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby applies to Congress, under the provisions of Article V of the Constitution of the United States, for the calling of a convention of the states limited to proposing amendments to the Constitution of the United States that impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for its officials and for members of Congress; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution, legislative call and application to the President and Secretary of the United States Senate and to the Speaker and Clerk of the United States House of Representatives, and copies to the members of the said Senate and House of Delegates from this state; also to transmit copies hereof to the presiding officers of each of the legislative houses in the several states, requesting their cooperation; and, be it
Further Resolved, That this application constitutes a continuing application in accordance with Article V of the Constitution of the United States until the legislatures of at least two thirds of the several states have made applications on the same subject; and, be it
Further Resolved, The West Virginia Legislature adopts this application expressly subject to the following reservations, understandings, and declarations:
(1) An application to the Congress of the United States to call an amendment convention of the states pursuant to Article V of the United States Constitution confers no power to Congress other than the power to call such a convention. The power of Congress to exercise this ministerial duty consists solely of the authority to name a reasonable time and place for the initial meeting of a convention;
(2) Congress shall perform its ministerial duty of calling an amendment convention of the states only upon the receipt of applications for an amendment convention for the substantially same purpose as this application from two thirds of the legislatures of the several states;
(3) Congress does not have the power or authority to determine any rules for the governing of an amendment convention of the states called pursuant to Article V of the United States Constitution. Congress does not have the power to set the number of delegates to be sent by any state to such a convention, nor does it have the power to name delegates to such a convention. The power to name delegates remains exclusively within the authority of the legislatures of the several states;
(4) By definition, an amendment convention of the states means that states shall vote on the basis of one state, one vote;
(5) A convention of the states convened pursuant to this application shall be limited to consideration of the topics specified herein and no other. This application is made with the express understanding that an amendment that in any way seeks to amend, modify, or repeal any provision of the Bill of Rights shall not be authorized for consideration at any stage. This application shall be void ab initio if ever used at any stage to consider any change to any provision of the Bill of Rights;
(6) Pursuant to Article V of the United States Constitution, Congress may determine whether proposed amendments shall be ratified by the legislatures of the several states or by special state ratification conventions. The West Virginia Legislature recommends that Congress select ratification by the legislatures of the several states; and
(7) The West Virginia Legislature may provide further instructions to its delegates and may recall its delegates at any time for a breach of a duty or a violation of the instructions provided; and, be it
Further Resolved, That the Clerk of the House forward a copy of this resolution to the representatives and senators elected by the citizens of West Virginia serving the citizens of West Virginia in the Congress of the United States in Washington, D.C.
And,
Delegate Capito offered the following resolution, which was read by its title and referred to the Committee on Technology and Infrastructure then Rules:
H. C. R. 32 - “Requesting the Division of Highways name a bridge bearing the bridge number 40-817/00-001.06 (40A163), (38.43345,-81.85331) locally known as Battle of Scary Bridge, carrying WV 817 over Scary Creek in Putnam County as the ‘Sgt. Samuel D. Roberts Sr. Memorial Bridge’.”
Whereas, Samuel D. Roberts Sr. was born on December 17, 1948, in Putnam County, to the late Freeman and Eleanor Longerbeam Roberts; and
Whereas, Samuel D. Roberts Sr. was also preceded in death by his sister, Lora Williamson; and
Whereas, Samuel D. Roberts Sr. was an Army Veteran with many years of distinguished service who served in the Vietnam War, where he earned a Purple Heart, a Combat Infantryman Badge, and a Bronze Star with Valor Device; and
Whereas, Samuel D. Roberts Sr. also served in the National Guard after returning home; and
Whereas, Samuel D. Roberts Sr. loved spending time with his grandchildren, as well as hunting and fishing; and
Whereas, Sadly, Samuel D. Roberts Sr., 72, of St. Albans, passed away on Wednesday, April 28, 2021 at home; and
Whereas, Samuel D. Roberts Sr. is survived by his children, Samuel Roberts Jr. (Jennifer) of Ft. Walton Beach FL, and Curtis Roberts (Kalyn) of Buckhannon; sisters, Ellen May Oswalt, Jackie Roberts; brothers, Freeman “Butch” Roberts Jr. (Ethel), Richard Roberts (Daleann), Benny Roberts (Dawn); grandchildren, Connor J. Roberts, Zachary Brice Roberts, Katherynne Grace Roberts and Sophia Henley Roberts, as well as many other extended family and friends; and
Whereas, Many years ago, Samuel D. Roberts Sr.’s father assisted with the construction of the bridge to be named in his honor; and
Whereas, For these reasons, it is fitting and proper that the bridge be named in honor of Samuel D. Roberts Sr.; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge bearing the bridge number 40-817/00-001.06 () (40A163), (38.43345,-81.85331) locally known as Battle of Scary Bridge, carrying WV 817 over Scary Creek in Putnam County as the “Sgt. Samuel D. Roberts Sr. Memorial Bridge”; and, be it
Further Resolved, That the Commissioner of the Division of Highways is requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge as the “Sgt. Samuel D. Roberts Sr. Memorial Bridge”; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the Commissioner of the Division of Highways.
Bills Introduced
Bills were introduced, pursuant to House Rule 92, and severally referred as follows:
By Delegates Burkhammer, Lovejoy, Riley, Mallow, Barrett, Householder, Statler, Hardy, Keaton, Pinson and Hanna:
H. B. 4416 - “A Bill to amend and reenact §17A-3-2 of the Code of West Virginia, 1931, as amended, relating to providing motor vehicle registrations and license plates free of charge to volunteer firefighters who have at least five years of service”; to the Committee on Fire Departments and Emergency Medical Services then Finance.
By Delegates Riley and Reed:
H. B. 4417 - “A Bill to amend and reenact §11-21-20 of the Code of West Virginia, 1931, as amended, relating to personal income tax; alleviating double taxation on foreign income at the state level; and sunsetting the credit for income tax paid on foreign income in 2070”; to the Committee on Finance.
By Delegates Linville, Steele, Rohrbach, Lovejoy, Hornbuckle, Booth, Worrell, Griffith and Mandt:
H. B. 4418 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5B-2-18, relating to the Small Business Supplier Certification Assistance Program; establishing a pilot program for the verification and certification of disadvantaged and small business enterprises participating in the government contracting and procurement process; authorizing the Department of Economic Development to collaborate with Marshall University for purposes of establishing the pilot program; requiring a master plan for the pilot program; and establishing a deadline and reporting requirements for the pilot program”; to the Committee on Small Business, Entrepreneurship and Economic Development then Government Organization.
By Delegates Pritt, Phillips, Holstein, Kimble, Keaton, Pinson, Clark, Barrett, Hanna, Reed and Haynes:
H. B. 4419 - “A Bill to amend and reenact §3-8-5c, §3-8-9b, and §3-8-10 of the Code of West Virginia, 1931, as amended, all relating to allowing candidate committees and campaign committees to make contributions to affiliated state party executive committees”; to the Committee on the Judiciary.
By Delegates Toney, Rohrbach, Rowan, Paynter and Dean:
H. B. 4420 - “A Bill to amend and reenact §18A-2-4 of the Code of West Virginia, 1931, as amended, relating to eligibility requirements of school bus operators diagnosed with diabetes mellitus requiring insulin; providing that the eligibility requirements are also applicable to a school bus operator candidate; clarifying that the operator must also be issued a school bus endorsement for his or her commercial driver’s license; and specifying that the school bus operator follow eligibility stipulations and grounds as per applicable state and federal rules”; to the Committee on Education.
By Delegates Howell, Martin, Barnhart, Zatezalo, Householder, Criss, Clark and Hamrick:
H. B. 4421 - “A Bill to amend and reenact §16-13A-9b of the Code of West Virginia, 1931, as amended, relating to requiring a public service district or a municipality included in a public service district to refund any charges to an owner of a privately-owned swimming pool since the effective date of the enactment of this section on April 10, 2021”; to the Committee on Political Subdivisions then Finance.
By Delegates Howell, Jennings, Reynolds, Sypolt, Pinson, Wamsley, Hamrick, Linville, Barnhart, Zatezalo and Clark:
H. B. 4422 - “A Bill to amend and reenact §31-2A-1, §31-2A-2, §31-2A-3, and §31-2A-6 of the Code of West Virginia, 1931, as amended, all relating to enforcing stricter penalties upon railroad companies who block railroad crossings with their train and train cars; defining engineer; extending the definition of crossing to include private crossings; extending the definition of blocking an intersection to a train or train cars moving at a very low rate of speed; including an engineer as being subject to fines and penalties for blocking an intersection; and increasing fines and penalties for the amount of time the intersection is blocked”; to the Committee on Technology and Infrastructure then the Judiciary.
By Delegates Barnhart, D. Kelly, Zatezalo, J. Kelly and Reynolds:
H. B. 4423 - “A Bill to amend and reenact §8-10-2b of the Code of West Virginia, 1931, as amended; to amend and reenact §17B-3-3a of said code; and to amend and reenact §50-3-2a of said code, all relating to providing authority municipal court clerk and magistrate court the ability to suspend the driver’s license if a person has failed to enter into a payment plan or pay towards his or her of costs, fines, forfeitures, restitution, or penalties in a certain time period following judgment”; to the Committee on the Judiciary.
Special Calendar
Second Reading
H. B. 2562, Relating to litter control; on second reading, coming up in regular order, was read a second time.
On motion of Delegate Capito, the bill was amended on page 7, section (a) (1), line 5, by deleting the words “up to” and in lieu thereof inserting the words “less than or equal to”.
And,
On page 7, section (b) (1), line 24, by deleting the words “up to” and in lieu thereof inserting the words “less than or equal to.”
On motion of Delegate Kessinger, the bill was then amended on page 2, section 4, line 14 following the word “exceeding”, by striking out “50” and inserting in lieu thereof “5”.
And,
On page 8, section 4a, line 50 following the word “Protection” by inserting the following: “or duly appointed officer from the office, department or agency wherewith the criminal charge originated”.
The bill was then ordered to engrossment and third reading.
H. B. 4024, Creating a cosmetology apprentice program that allows companies to train employees for practical real-world experience; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4266, Relating to limited liability companies; on second reading, coming up in regular order, was, on motion of Delegate Summers, committed to the Committee on the Judiciary.
H. B. 4288, Relating to expanding the practice of auricular acudetox to professions approved by the acupuncturist board; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4291, Relating to authorizing legislative rules regarding higher education; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4301, Reforming membership requirements of Huntington Park and Recreation District Board; on second reading, coming up in regular order, was read a second time.
At the request of Delegate Summers, and by unanimous consent, the bill was advanced to third reading with the right to amend and the rule was suspended to permit the consideration of amendments on that reading.
And,
H. B. 4308, Authorizing disclosure of juvenile information to Crime Victims Compensation Fund for investigation and award of benefits; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
S. B. 4, Repealing ban on construction of nuclear power plants,
H. B. 2631, Provide for WVDNR officers to be able to work “off duty”,
H. B. 2817, Donated Drug Repository Program,
H. B. 4048, WV Keep, Bear and Drive with Arms Act,
H. B. 4097, To prohibit nonpublic funding sources for election administration and related expenses without prior written approval by the State Election Commission,
Com. Sub. for H. B. 4257, Require visitation immediately following a procedure in a health care facility,
Com. Sub. for H. B. 4263, Prohibit the practice of white bagging,
H. B. 4299, To prohibit the intentional interference with election processes and creating associated criminal penalties,
And,
Com. Sub. for H. B. 4324, To update collaborative pharmacy practice agreements.
At 11:51 a.m., the House of Delegates recessed until 6:45 p.m.
* * * * * * * * * *
Evening Session
* * * * * * * * * *
The House of Delegates was called to order by the Honorable Roger Hanshaw, Speaker.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:
H. C. R. 27, Extending an invitation to His Excellency, the Governor, to deliver an address to the Legislature and raising Joint Assembly therefor.
Joint Assembly
The Speaker respectfully recognized the Sergeant-at-Arms for the following announcements: The Sergeant-at-Arms then announced members of the Board of Public Works, who took the seats reserved for them.
The Sergeant-at-Arms next announced Chief Justice Hutchinson and Justices of the West Virginia Supreme Court of Appeals, who entered the Hall of the House of Delegates and took the seats reserved for them.
The Sergeant-at-Arms then announced the Honorable Shelley Moore Capito, United States Senator, who took the seat reserved for her.
The Sergeant-at-Arms, then announced the Honorable Craig Blair, President, and members of the Senate, who entered the Hall of the House of Delegates.
The Speaker invited the President to a seat to his right and the other members took the places reserved for them in the Well of the House.
The Majority Leader was then recognized and obtained unanimous consent to return to the 7th Order of Business for the purpose of introducing and considering a resolution.
Resolutions Introduced
The Clerk then reported H. R. 10, Commemorating the life of Robert S. Kiss, devoted father and husband, Member of the West Virginia House of Delegates, Finance Chairman, Speaker of the House, West Virginia Secretary of Revenue, long time practicing attorney and distinguished West Virginian.
The Majority Leader then announced former Speakers Chambers, Thompson, Miley and Armstead, and the Raleigh County Delegation, who escorted Melinda Kiss to the Well of the House.
At the request of Delegate Summers, and by unanimous consent, reference of the resolution to a committee was dispensed with, and it was taken up for immediate consideration and put upon its adoption.
The Clerk then read the following resolution:
HOUSE RESOLUTION NO. 10
(By Delegate Hanshaw (Mr. Speaker))
[On Behalf of All Members of the House]
“Commemorating the life of Robert S. Kiss, devoted father and husband, Member of the West Virginia House of Delegates, Finance Chairman, Speaker of the House, West Virginia Secretary of Revenue, long time practicing attorney and distinguished West Virginian.”
The members of the House of Delegates hereby express their profound sadness at the passing of one of their own, the Honorable Robert S. Kiss, Former Speaker of the House of Delegates, and a distinguished West Virginian;
Robert Stephen Kiss was born in Elizabeth, New Jersey and raised in a military family. He lived many places growing up and received a B.A. degree in Economics from The Ohio State University in 1979 and his J.D. degree from The Ohio State University Moritz College of Law in 1982. Upon graduation, he moved to Beckley, West Virginia, which he called home, to begin his career practicing law, remaining a West Virginian by choice for the rest of his life. He was a devoted Catholic and attended Saint Agnes Catholic Church in Charleston, West Virginia;
Bob Kiss, as he was known to members and staff alike, began his public service in 1988 when he was first elected to the House of Delegates from Raleigh County. His education in economics, finance and the law combined with his keen intellect so impressed then Speaker Chuck Chambers that he was appointed Vice Chairman of the House Finance Committee his second term as Delegate. Two years later he was appointed Chairman of the Finance Committee, a position he held until he was elected Speaker in 1997;
Bob married the former Melinda Ashworth of Beckley, West Virginia. Those who knew him well knew of his devotion and love for his family and his belief that the greatest achievement in his life was his marriage to Melinda and the birth of his two sons, Carter and Cameron, of whom he was immensely proud. He dedicated his life to them, and in his family he found his greatest joy;
While serving in the House, he made many close friendships among the membership and staff, and no one could ask for a more compassionate and kinder person to call their friend. While most people recognized that he was probably the smartest person in the room, and he was, he was also so quick to laugh, had a wicked sense of humor, and loved being on the receiving, and giving, end of practical jokes. He often mused that if a memorial resolution was ever written for him, it should conclude with, “And he loved dogs;”
During his first term in office, Bob quickly learned the full extent of the state’s grave financial crisis. The state was literally on the cliff of financial bankruptcy. Over the next 18 years, his vision and hard work were large contributing factors to righting the ship of state.
Bob’s determination to find a way forward and his innate ability to work well with others across the political spectrum were instrumental in the Legislature’s work to address the state’s overwhelming pension and other debt, a failing workers’ compensation system, a medical-malpractice insurance crisis, and annual budget deficits. The Legislature’s accomplishments during his tenure included the funding for roads and highways, water and sewer projects, school and jail construction programs, a children’s health program and higher education tuition scholarships, assuring the prompt payment of tax refunds, providing for the payment of pension and other unfunded liabilities, restoring affordable workers’ compensation and medical malpractice insurance, and many other financially sound practices we often take for granted today, not the least of which was the creation of the state’s Rainy Day Fund. Over Bob’s career in the Legislature, the credit rating of this state was slowly restored to the solid condition it maintains today.
Many of these solutions were initiated in this House and were a direct result of his vision, and his ability to convince the House membership to take action, although at times politically unpopular, but necessary and the right thing to do. But Bob should also be remembered for his refusal to move politically popular ideas forward, despite immense pressure from either or both sides of the aisle, because of the grave fiscal impact the state would have endured.
While Bob’s comprehension of complex facts and ability to create solutions was second to none, he never took personal credit for this Legislature’s accomplishments. He always respected, worked closely with, and gave credit to others for what this body was able to get done during his tenure. He truly embodied what it meant to be a public servant and endeavored to put aside political differences and personal opinions to best serve the people of West Virginia.
After 18 years as a member of this House, 10 of which serving as Speaker, equaling the longest time ever served as Speaker in the history of West Virginia, Bob retired from public office and returned to private law practice in Charleston. However, in 2013 at the behest of Governor Earl Ray Tomblin, Bob returned to public service as Cabinet Secretary of the Department of Revenue, where he directed the state revenue producing agencies, and he served until 2016.
Bob may not have been loved by all, nor did he care to be, but he was respected by everyone. His vision and his role in guiding the state through some of its most dire financial situations of the last 100 years cannot be overstated. If there is a history of our state written of these times, he will always be much more than a footnote. His timeless aspirational challenge made to this House during his first Speaker’s acceptance speech in 1997 still rings true today: “Each day as we recite the prayer and pledge to begin our sessions, if we are always cognizant of those who come after us, if we make their economic and social conditions better than ours our primary concern and if we cooperate on a bipartisan basis in that pursuit, then perhaps we will not be remembered as a brief shining moment of lost opportunity and promise. Perhaps we will instead be remembered as that generation of West Virginians which finally laid the foundation which made the State of West Virginia the best place to live, work and raise a family on the face of the earth.”
And finally, he loved dogs. Godspeed, faithful public servant Bob Kiss.
Therefore, Be it Resolved by the House of Delegates:
That the members of the West Virginia House of Delegates hereby publicly memorialize the life of the Honorable Robert S. Kiss, and collectively mourn his death, while remembering that he leaves behind a legacy of success and accomplishment; that this House of Delegates proclaims that although the Honorable Robert S. Kiss has passed from this earthly life, he will continue to live here in the hearts of his family and those who knew him, and that this House expresses the thanks of a grateful state for his service and contribution for making this state a better place; and, be it
Further Resolved, That the Clerk of the House of Delegates prepare and provide a certified copy of this resolution to his family; and, be it
Further Resolved, That the Clerk of the House of Delegates also cause a certified copy of this resolution to be placed in the Division of Archives and History.
On the question of the adoption of the resolution, the yeas and nays were demanded, which demand was sustained.
On this question, the yeas were taken (Roll 47) and there were – yeas 89, nays none, absent and not voting 11, with the absent and not voting being as follows:
Absent and Not Voting: Barrett, Brown, Cooper, Hansen, Hardy, J. Jeffries, Kimes, McGeehan, Pack, Reed and Worrell.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution adopted.
Speaker Hanshaw then presented an official copy of the resolution to Mrs. Kiss (applause, the members rising in ovation).
The Speaker then recognized the Sergeant-at-Arms who then announced the special committee to wait upon His Excellency, the Governor, and escort him into the Chamber.
Delegate Westfall then announced that, pursuant to the invitation of the Legislature, His Excellency, the Governor, was present for the purpose of addressing the Joint Assembly of the Legislature.
The Committee escorted His Excellency, the Governor, to the Clerk’s Desk. (Applause, the members and guests rising in ovation)
The Honorable Jim Justice then addressed the Joint Assembly as follows: