__________*__________
Friday, February 18, 2022
THIRTY-EIGHTH 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 Thursday, February 17, 2022, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Delegate Householder, Chair of the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 4344, Relating to foster care,
And reports back a committee substitute therefor, as follows:
Com. Sub. for H. B. 4344 - “A Bill to repeal §49-2-125 of the Code of West Virginia, 1931, as amended; amend and reenact §49-1-203 of said code; to amend and reenact §49-2-111a and §49-2-111c of said code; to amend said code by adding thereto two new sections, designated §49-2-111d and §49-2-111e; to amend and reenact §49-4-405, §49-4-501 and §49-4-601 of said code; to amend and reenact §49-5-101 of said code; and to amend and reenact §49-9-101, §49-9-103, §49-9-105, §49-9-106 and §49-9-107 of said code, all relating to foster care; creating new definitions; deleting outdated language; requiring bureau of social services to issue a request for proposal to incorporate into its PATH system a matching database, and to create a dashboard database; requiring study of centralized intake; requiring salaries of direct service employees be increased and the Division of Personnel to increase certain salary ranges; implementation of the pay rates and employment requirements shall not be subject to” grievance procedures or private lawsuits; requiring circuit courts to enable multidisciplinary treatment team to meet monthly; including managed care case coordinator in multidisciplinary treatment team; allowing department to hire counsel; requiring sheriff’s office to serve notice of hearing without additional compensation; permitting child agency or facility to disclose confidential infromatiion in certain circumstances; requiring foster care ombudsman to make recommendations in accordance with the Foster Child Bill of Rights and the Foster and Kinship Parent Bill of Rights; authorizing ombudsman to have access to kinship family; exempting foster care ombudsman from testifying about official duties; making ombudsman’s records confidential and not admissible in evidence; removing circumstance for authorizing disclosure of confidential matters; making investigation of complaint confidential except when imminent risk of harm reported to foster care ombudsman; and requiring ombudsman to maintain confidentiality with respect to all matters and exceptions,”
And,
H. B. 4479, Establishing the Coalfield Communities Grant Facilitation Commission,
And reports back a committee substitute therefor, as follows:
Com. Sub. for H. B. 4479 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2K-1, §5B-2K-2, §5B-2K-3, §5B-2K-4, §5B-2K-5, and §5B-2K-6, all relating to establishing the Coalfield Communities Grant Facilitation Commission; providing legislative findings; establishing the Commission and providing for its membership and duties; providing for commission assistance from the Economic Development Authority and certain institutions of higher education; authorizing the Commission to provide the local match portion for local public and private entities applying for grants from federal, state and private sources; providing what constitutes a public purpose for eligibility for grant match; establishing a special revenue account; directing the creation of a special subcommittee of the Commission to assist the Commission and grant applicants with training and other technical expertise as directed by the Commission; and providing for annual electronic reports to the Legislature’s Joint Committee on Government and Finance,”
With the recommendation that the committee substitutes each do pass.
On motion for leave, a bill was introduced (Originating in the Committee on the Judiciary and reported with the recommendation that it do pass), which was read by its title, as follows:
By Delegates Capito, Queen, Westfall and Fluharty:
H. B. 4826 - “A Bill to amend and reenact §29-22D-3 of the Code of West Virginia, 1931, as amended relating to e-sports; providing a definition of e-sports; and including e-sports in the definition of a sports event or sporting event."
On motion for leave a bill was introduced (Originating in the Committee on Energy and Manufacturing and reported with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary), which was read by its title, as follows:
By Delegates Anderson, J. Kelly, Westfall, Zatezalo and Cooper:
H. B. 4022 - “A Bill to amend and reenact §37B-1-4 of the Code of West Virginia, 1931, as amended, generally relating to altering the applicability of the Cotenancy Modernization and Majority Protection Act; eliminating the pre-condition for applicability of the act which requires seven or more royalty owners; and correcting internal citations.”
Pursuant to House Rule 80, the Speaker referred the bill 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. 4345, Relating to motor vehicle registration cards by establishing electronic or mobile registration cards,
And reports back a committee substitute therefor, as follows:
Com. Sub. for H. B. 4345 - “A Bill to amend and reenact §17A-3-13 of the Code of West Virginia, 1931, as amended, relating to motor vehicle registration cards by establishing electronic or mobile registration cards; removing the requirement that physical registration cards be signed,”
H. B. 4691, Provide a 45 day waiting period before a water and sewer rate increase may go into effect for any locally rate regulated municipality,
And reports back a committee substitute therefor, as follows:
Com. Sub. for H. B. 4691 - “A Bill to amend and reenact §8-11-4 of the Code of West Virginia, 1931, as amended, relating to providing for a 45 day waiting period before a water and/or sewer rate increase may go into effect for any locally rate regulated municipality; and other technical changes,”
H. B. 4742, To provide for the full restoration of the Holly Grove Mansion,
And reports back a committee substitute therefor, as follows:
Com. Sub. for H. B. 4742 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-1-15, relating to the restoration of the Holly Grove Mansion; providing for legislative findings and the background of the Holly Grove Mansion; explaining the restoration; providing for funding in a separate appropriations bill; providing for the establishment of a commission to oversee the restoration and designating representatives; providing for the disbanding of the commission upon completion of the project; and shifting control of the Holly Grove Mansion from General Services to the Division of Arts, Culture, and History upon completion of the restoration,”
H. B. 4768, Relating to change hearing location and customer notice provisions,
And reports back a committee substitute therefor, as follows:
Com. Sub. for H. B. 4768 - “A Bill to amend and reenact §24-2H-6b of the Code of West Virginia, 1931, as amended, relating to utility hearings, changing hearing location and customer notice provisions,”
And,
H. B. 4797, To create an EV Infrastructure Deployment Plan for West Virginia that describes how our state intends to use its share of NEVI Formula Program funds,
And reports back a committee substitute therefor, as follows:
Com. Sub. for H. B. 4797 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-11-1, relating to the economic development plan for electric vehicle infrastructure,”
With the recommendation that the committee substitutes each 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. 4636, Clarifying when business and occupation taxes owed to a city or municipality are considered to be remitted on time,
And reports back a committee substitute therefor, as follows:
Com. Sub. for H. B. 4636 - “A Bill to amend and reenact §11-13-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §11-13-32, all relating to clarifying that business and occupation taxes, as well as city service fees, that are owed to a city or municipality are considered to be remitted “on time” when the date that they are postmarked is on or before the deadline date, rather than on the date that such taxes are physically received by a city or municipality; and clarifying that cities and municipalities may not impose a late fee or penalty for those taxes owed to them so long as they are postmarked on or before the deadline date,”
H. B. 4667, Prohibition on county, city, or municipality restrictions on advanced air mobility aircraft,
And reports back a committee substitute therefor, as follows:
Com. Sub. for H. B. 4667 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-16-3, relating generally to creating a prohibition on county, municipality, city or town restrictions on advanced air mobility aircraft and advanced air mobility systems and defining terms,”
And,
H. B. 4785, Relating to judicial vacancies,
And reports back a committee substitute therefor, as follows:
Com. Sub. for H. B. 4785 - “A Bill to amend and reenact §3-10-3 of the Code of West Virginia, 1931, as amended, relating to judicial vacancies; providing that a vacancy occurring in the offices of Justice of the Supreme Court of Appeals, judge of the Intermediate Court of Appeals, judge of a circuit court, or judge of a family court is filled by the Governor of the state by appointment if the unexpired term be for a period of not more than three years; and clarifying that the amendment shall apply to judicial vacancies existing at the date of passage,”
With the recommendation that the committee substitutes each do pass.
Delegate Householder, Chair of the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 4496, Allowing interest and earnings on federal COVID-19 relief moneys to be retained in the funds or accounts where those moneys are invested,
And reports the same back with the recommendation that it 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. 4769, Eliminate the requirement to send recommended decisions by certified mail,
And reports the same back with the recommendation that it do pass.
Delegate Householder, Chair of the Committee on Finance submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 4391, Relating generally to school nurses,
And reports the same back, with a title amendment, with the recommendation that it do pass, as amended.
Delegate Householder, Chair of the Committee on Finance submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 3082, Stabilizing funding sources for the DEP Division of Air Quality,
And reports the same back, with a title amendment, with the recommendation that it do pass, as amended.
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. 4668, Relating to air bag fraud,
And reports back a committee substitute therefor, as follows:
Com. Sub. for H. B. 4668 - “A Bill to amend and reenact §17C-15-50 of the Code of West Virginia, 1931, as amended, relating to air bag fraud; prohibiting counterfeit and nonfunctional air bags; establishing penalties for prohibited activities related to air bag fraud; specifying the applicability of the section; and creating exceptions,”
With the recommendation that the committee substitute do pass.
(Insert Comm report for 4675)
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. 4645, Allowing for surplus money collected above voter approved excess levy requests to remain with specific county and placed in general fund,
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. 4645) 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. B. 4758, Relating to developing and maintaining a database to track reclamation liabilities in the West Virginia Department of Environmental Protection Special Reclamation Program,
And reports the same back with the recommendation that it do pass
Delegate Rohrbach, 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:
H. B. 4647, Relating to the Board of Funeral Service Examiners,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Government Organization.
In accordance with the former direction of the Speaker, the bill (H. B. 4647) was referred to the Committee on Government Organization.
Delegate Rohrbach, 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:
H. B. 4607, To remove opioid treatment programs from requiring a certificate of need,
And reports back a committee substitute therefor, as follows:
Com. Sub. for H. B. 4607 – “A Bill to repeal §16-5Y-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §16-2D-9 and §16-2D-11; all relating to certificate of need; removing a health services from the list of services which may not be developed; and exempting health services from certificate of need,”
With the recommendation that the committee substitute do pass.
Delegate Rohrbach, 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:
H. B. 4643, Exempting certain health services from certificate of need,
And reports the same back with the recommendation that it do pass.
Delegate Rohrbach, 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:
H. B. 4625, To remove Medicare or Medicaid-certified facilities from COVID-19 immunization exemption requirements,
And reports back a committee substitute therefor, as follows:
Com. Sub. for H. B. 4625 – “A Bill to amend and reenact §16-3-4b of the Code of West Virginia, 1931, as amended, relating to COVID-19 immunization exemption requirements; defining terms; and specifying terminology,”
With the recommendation that the committee substitute do pass.
Delegate Rohrbach, 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:
H. B. 4761, Authorizing the Secretary of the Department of Health and Human Resources to develop a submission procedures manual and adopt the same as a procedural rule,
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. 4580, To authorize retired bus operators, cooks or aides to work in areas of critical need,
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. 4580) was 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. C. R. 42, A resolution to support the relocation of university-level Chinese language immersion programs from the People’s Republic of China (PRC) to Taiwan,
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 resolution (H. C. R. 42) was referred to the Committee on Rules.
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. 4571, Modifying foundation allowance to account for transportation by electric powered buses,
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. 4571) was 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. 2364, Permit teachers in K-12 schools be authorized to carry concealed firearms as a designated school protection officer,
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. 2364) was referred to the Committee on the Judiciary.
Delegate Jeffries, Chair of the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the 17th day of February, 2022, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates.
H. B. 4024, Creating a cosmetology apprentice program that allows companies to train employees for practical real-world experience,
Com. Sub. for H. B. 4067, To make certain agency reports electronic or eliminating certain agency reports altogether,
And,
Com. Sub. for H. B. 4276, WVU to create a Parkinson’s disease registry.
Reports of Select Committees
On motion for leave a bill was introduced (Originating in the Select Committee on Tourism and Economic Diversification and reported with the recommendation that it do pass, but that it first be referred to the Committee on Finance), which was read by its title, as follows:
By Delegate Howell:
H. B. 4827 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2K-1, §5B-2K-2, §5B-2K-3, §5B-2K-4 and §5B-2K-5, all relating to the promotion of the development of public-use vertiports.”
Pursuant to House Rule 80, the Speaker referred the bill to the Committee on Finance.
Delegate Howell, Chair of the Select Committee on Tourism and Economic Diversification, submitted the following report, which was received:
Your Select Committee on Tourism and Economic Diversification has had under consideration:
H. B. 4684, To exempt a county that has a single CVB with a hotel or motel collection of less than $150,000 annually,
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. 4684) was referred to the Committee on Finance.
Delegate Howell, Chair of the Select Committee on Tourism and Economic Diversification, submitted the following report, which was received:
Your Select Committee on Tourism and Economic Diversification has had under consideration:
H. B. 4652, To create the Proficient Customer Service Communications Act,
H. B. 4653, West Virginia Economic Diversification Act,
H. B. 4655, To create commercial opportunity zones to attract new businesses to West Virginia,
H. B. 4656, To create the Remote Worker Home Development Act,
H. B. 4659, West Virginia Heavy Duty Truck Excise Tax Elimination Act,
And,
H. B. 4689, Creation of a tax credit for electric vehicle manufacturing,
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. 4652, H. B. 4653, H. B. 4655, H. B. 4656, H. B. 4659 and H. B. 4689) were each referred to the Committee on Finance.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 3312, Establishing a memorial to child labor and child workers who died in the course of employment in this state.
Whereupon,
The Speaker declared the message not received.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules as follows:
Com. Sub. for S. C. R. 27 - “Requesting the Division of Highways name bridge number 39-026/00-019.09 (39A051), (39.49472, -79.64520), locally known as Albright Bridge, carrying WV 26 over Cheat River in Preston County, as the ‘U.S. Army TSGT Harold William Schmidle Memorial Bridge’.”
Whereas, Harold William Schmidle was born in the year 1921, to the son of Joseph and Jennie Schmidle in Albright, West Virginia, and was one of 14 children; and
Whereas, Harold William Schmidle, also called “Teen”, enlisted in the Infantry as a young man to serve his country during World War II; and
Whereas, TSGT Harold William Schmidle served 37 months in the Pacific and fought against the Japanese; and
Whereas, TSGT Harold William Schmidle was killed in action during the Battle of Banzai Point on the Island of Corregidor in the Philippines on February 19, 1945, where he served as a rifle squad leader (S/SGT) in the 2nd platoon, Company “D”, 503rd Parachute Infantry Regiment, when he and his squad were overrun by the Japanese; and
Whereas, TSGT Harold William Schmidle had three brothers who also served their country at the time: George Schmidle was stationed in Texas; and Williard “Woody” Schmidle and Cottrill Schmidle served in the European Theater; and
Whereas, TSGT Harold William Schmidle posthumously received the Silver Star for gallantry in action on February 19, 1945, for taking up a dangerous flank position, with utter disregard for his own life, repulsing several enemy rushes, and holding his position until mortally wounded without asking for help. His Silver Star citation provides that his courage, initiative, and coolness under fire materially aided in the reorganization of his unit for successful attack on the enemy and constituted the finest of soldierly performance of duty; and
Whereas, TSGT Harold William Schmidle was also the recipient of a Bronze Star, Purple Heart, and various other medals and awards; and
Whereas, It is fitting that an enduring memorial be established to commemorate TSGT Harold William Schmidle and his sacrifice to our state and country will never be forgotten; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 39-026/00-019.09 (39A051), (39.49472, -79.64520), locally known as Albright Bridge, carrying WV 26 over Cheat River in Preston County, as the “U.S. Army TSGT Harold William Schmidle 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 TSGT Harold William Schmidle Memorial Bridge”; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules as follows:
Com. Sub. for S. C. R. 38 - “Requesting the Division of Highways name bridge number 17-050/00-006.08 (EB and WB) (17A187, 17A189), (39.28925, -80.49021), locally known as Log Cabin Bridge, carrying U.S. Route 50 (EB and WB) over Tenmile Creek, Harrison County, the ‘Cox Brothers Veterans 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 he was shot several times before hitting the ground. Thereafter, Vaughn Cox was picked up by burial crews who discovered he was still alive, after which he recovered and returned home with a glass eye having earned three Purple Hearts; and
Whereas, Glenn Cox was stationed with the Navy on Ocracoke Island at a top secret amphibious training base where he operated from the “Loop Shack” to track Nazi U-Boats. At the end of the war, as reported by his daughter, Glenn had the honor of transcribing the radio code message announcing the end of WWII to his fellow sailors; and
Whereas, Edward Cox fought during the battles for Guadalcanal and the Southern Philippines during WWII. 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 WWII, serving in the Central Pacific throughout those difficult times; and
Whereas, Carlos Walter Cox was a Staff Sergeant in the Army who served in Northern France and the Rhineland during WWII, earning multiple service ribbons for valor and bravery; and
Whereas, Calvin Leco Cox served his country in the Army as Private First Class-Ordinance in Walla Walla, Washington; and
Whereas, The Cox brothers’ half-brother, Kenneth Bickerstaff, was in the Army and stationed in Australia during WWII to help fight off the Japanese invasion in the Pacific; and
Whereas, All seven of the Cox brothers who served in WWII 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 all seven of the Cox brothers, who served in WWII, 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 17-050/00-006.08 (EB and WB) (17A187, 17A189), (39.28925, -80.49021), locally known as Log Cabin Bridge, carrying U.S. Route 50 (EB and WB) over Tenmile Creek, Harrison County, the “Cox 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 “Cox 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. ”; which was referred to the Committee on Rules.
Resolutions Introduced
Delegates Clark and Horst asked and obtained unanimous consent to be added as cosponsors of H. C. R. 65.
Delegate Maynard offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 83 - “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:
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.
Delegates Booth, Martin, Nestor, Mallow, Griffith, Sypolt, Barnhart, Mandt and Linville offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 84 - “Requesting the Division of Highways informally name Keyser Street in Wayne, in Wayne County, the ‘U. S. Navy, Water Tender 3rd Class, V-6, Lewis Glenn Mills Memorial Boulevard’.”
Whereas, Lewis Glenn Mills was born on October 24, 1922, in a log cabin on Ed’s Branch in East Lynn, West Virginia. He was the ninth born of the 11 Mills children in his family. His father passed away when he was just seven years old. When he was 14 years old, he left school and home to work in the Civilian Conservation Corps to support his family during the Great Depression. He worked on Black Mountain, in Pocahontas County, WV, and helped cut timbers for the railroad until he enlisted in the United States Navy at the age of 21; and
Whereas, In 1943, Lewis Glenn was stationed on the U.S.S. Sims where he served as a gunner to a 40 caliber machine gun, and a Water Tender when his ship was not in duress. His ship escorted supply ships from New York to Derry, Ireland for almost two years. During this time, his boat protected the supply ships against Nazi submarines (U-Boats). His ship was then reassigned to the Pacific when the theater of war shifted from Europe to Asia in 1944. He spent over one year in the hospital recovering from his wounds and extreme exposure, after he was severely wounded in 1944; and
Whereas, Lewis Glenn was honorably discharged from the U.S. Navy on April 28, 1945, and returned home to Wayne, West Virginia. He mined coal in East Lynn, but soon decided to go back to school to make a better living. He attended Marshall College where he obtained a bachelor’s degree in elementary education then his master’s degree in School Administration. He taught elementary school at Hobbs Elementary, Dunlow Elementary, Genoa Elementary and East Lynn Elementary. He then became principal at Dunlow Elementary and Genoa Elementary; and
Whereas, Lewis Glenn served in the West Virginia House of Delegates from 1961 to 1964 and was a member of West Virginia’s Centennial House. One of his accomplishments included cosponsoring of the bill that made Marshall College, Marshall University. He then ran for Assessor for Wayne County and won his next six elections, serving a total of 24 years as the Assessor of Wayne County. During those years, Lewis Glenn also served as an EMT for Wayne County 911, was a member of the Odd Fellows, served as Chairman of the Board of Prestera, and was designated a Silver Leader of the Disabled American Veterans or D.A.V. On June 12, 1982, he was appointed by A. James Manchin as West Virginia’s Ambassador of Humanitarianism. Lewis Glenn was an avid supporter of mental health and the working class during his entire tenure as a public servant; and
Whereas, Lewis Glenn Mills retired with over 40 years of public service in 1988 and enjoyed being with his wife Erma Ferguson Mills and family until he passed away February 11, 2010, at the age of 87, at his home on Keyser Street where he resided for nearly six decades; and
Whereas, It is fitting that an enduring memorial be established to commemorate U.S. Navy, Water Tender 3rd Class V-6 Lewis Glenn Mills 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 informally name Keyser Street, in Wayne, in Wayne County, the “U. S. Navy, Water Tender 3rd Class, V-6, Lewis Glenn Mills Memorial Boulevard”; and, be it
Further Resolved, That the Division of Highways is hereby requested to erect signs containing bold and prominent letters identifying the street as the “U. S. Navy, Water Tender 3rd Class, V-6, Lewis Glenn Mills Memorial Boulevard”; 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.
Special Calendar
Unfinished Business
The following resolutions, coming up in regular order as unfinished business, were, in the absence of objection, considered en masse, and adopted:
H. C. R. 35, David Allen Drake, Sr. Memorial Bridge,
H. C. R. 45, U.S. Army SP4 Dennis Harvey Roberts Memorial Bridge,
H. C. R. 54, Mayor George Karos Bridge,
H. C. R. 62, Raymond Jarrell, Jr., Memorial Road,
H. C. R. 63, U.S. Army MSGT Donald Lewis Coen Memorial Bridge,
H. C. R. 64, Robin W. Ames Memorial Road,
H. C. R. 65, U.S. Army Major Jesse A. Jennings Memorial Bridge,
H. C. R. 70, Calvin H. Shifflett Memorial Bridge,
H. C. R. 71, White Angel Falls waterfall,
H. C. R. 72, U.S. Army SP5 Dana V. Perkins Memorial Bridge,
H. C. R. 73, Halstead Brothers WWII Veterans Memorial Bridge,
H. C. R. 74, Judge Les Fury Memorial Bridge,
H. C. R. 75, Pastor Glenn F. Lough Memorial Bridge,
And,
H. C. R. 76, U. S. Navy BM1 Farris Burton Memorial Bridge.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Third Reading
Com. Sub. for S. B. 445, Modifying police and firemen's pension plans for trustees; 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. 162), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent and Not Voting: Boggs, Ellington, Hamrick, Westfall and Young.
So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 445) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for H. B. 4077, Provide certain classes of property protections from creditor collections; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 163), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent and Not Voting: Boggs, Ellington, Hamrick, Westfall and Young.
So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4077) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 4141, Authorizing the Governor’s Committee on Crime, Delinquency and Corrections to promulgate a legislative rule relating to Law Enforcement Training and Certification Standards; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 164), and there were--yeas 92, nays 2, absent and not voting 6, with the nays and the absent and not voting being as follows:
Nays: McGeehan and Paynter.
Absent and Not Voting: Boggs, Dean, Ellington, Hamrick, Westfall and Young.
So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4141) passed.
Delegate Summers moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 165), and there were--yeas 94, nays 1, absent and not voting 5, with the nays and the absent and not voting being as follows:
Nays: Paynter.
Absent and Not Voting: Boggs, Ellington, Hamrick, Westfall and Young.
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. 4141) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 4242, Authorizing the Division of Labor to promulgate a legislative rule relating to Child Labor; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 166), and there were--yeas 93, nays 2, absent and not voting 5, with the nays and the absent and not voting being as follows:
Nays: J. Jeffries and Paynter.
Absent and Not Voting: Boggs, Ellington, Hamrick, Westfall and Young.
So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4242) passed.
Delegate Summers moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 167), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent and Not Voting: Boggs, Ellington, Graves, Hamrick, Mallow, Westfall and Young.
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. 4242) 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.
Leaves of Absence
At the request of Delegate Summers, and by unanimous consent, leaves of absence for the day were granted Delegates **.
Miscellaneous Business
Pursuant to House Rule 94b, forms were filed with the Clerk’s Office to be added as a cosponsor of the following:
H. B. 4558: Delegate Hott;
H. B. 4636: Delegate Fast;
H. B. 4667: Delegate Fast;
H. B. 4668: Delegate Fast;
And,
H. B. 4826: Delegate Riley.
At **********, the House of Delegates adjourned until **********a.m., Monday, February 21, 2022.