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Saturday, March 5, 2022
FIFTY-THIRD DAY
[DELEGATE HANSHAW, MR. SPEAKER, IN THE CHAIR]
The House of Delegates was called to order by the Honorable Roger Hanshaw, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Friday, March 4, 2022, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
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:
S. B. 440, Establishing Uniform Commercial Real Estate Receivership Act,
Com. Sub. for S. B. 470, Relating generally to health care decisions,
Com. Sub. for S. B. 508, Requiring certain attire for deer hunters with muzzleloaders,
Com. Sub. for S. B. 535, Providing for revocation of school personnel certification or licensure in certain circumstances,
S. B. 591, Relating to process for filling vacancies in state Legislature,
Com. Sub. for S. B. 595, Relating to Dangerousness Assessment Advisory Board,
And,
Com. Sub. for S. B. 616, Relating to confidentiality of court files and law-enforcement records of certain enumerated offenses,
And reports the same back with the recommendation that they 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:
S. B. 135, Relating to acquisition and disposition of property by urban development authority,
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:
S. B. 172, Increasing compensation of elected county officials,
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 (S. B. 172) was automatically referred to the Committee on Finance.
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
Com. Sub. for S. B. 250 - “A Bill making appropriations of public money out of the Treasury in accordance with section 51, article VI of the Constitution.”
At the respective requests of Delegate Summers, and by unanimous consent, reference of the bill (Com. Sub. for S. B. 250) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
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. 15, Thomas Brothers Memorial Bridge.
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. 16, World War II Veterans Toothman Brothers Memorial Bridge.
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. 31, Applying to the Congress of the United States to call a convention of states.
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. 34, U.S. Navy Seaman 1st Class Byrne Lee Singleton Memorial Bridge.
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. 37, U.S. Army Corporal Charles William “Bill” Knight Memorial Bridge.
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. 40, USMC Cpl Guy Maywood Edwards Memorial Bridge.
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. 45, U.S. Army SP4 Dennis Harvey Roberts Memorial Bridge.
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. 46, U.S. Navy Seaman Donald Homer Wheeler Memorial Bridge.
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. 47, U.S. Army CPL Billy Earl Duty Memorial Bridge.
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. 63, U.S. Army MSGT Donald Lewis Coen Memorial Bridge.
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. 65, U.S. Army Major Jesse A. Jennings Memorial Bridge.
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. 72, U.S. Army SP5 Dana V. Perkins Memorial Bridge.
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. 73, Halstead Brothers WWII Veterans Memorial Bridge.
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. 76, U. S. Navy BM1 Farris Burton Memorial Bridge.
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. 81, U.S. Army Chief Warrant Officer Milford Arnold Cunningham Memorial Bridge.
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:
S. C. R. 4 - “Requesting the Division of Highways name bridge number 23-016/01-000.87 (23A078), locally known as Right Fork Buffalo Creek Bridge 3, carrying CR 16/1 over the Right Fork of Buffalo Creek in Logan County, the ‘U.S. Army SP4 Warner Ray Osborne Memorial Bridge’. “
Whereas, Warner Ray Osborne was born on January 2, 1943, to Elmer and Ruth Osborne in Three Forks, Logan County, West Virginia; and
Whereas, Warner Ray Osborne died on June 12, 2019, a life-long resident of Logan County; and
Whereas, Warner Ray Osborne enlisted in the U.S. Army on July 24, 1961, and completed Basic Combat Training at the Airborne School in Fort Campbell, Kentucky; and
Whereas, Warner Ray Osborne worked as an Army lineman, attained the rank of SP/4 E-4 (T), and received an Expert Badge for Rifle, letter of Commendation, and a Parachutist Badge during his service before his honorable discharge on July 23, 1964; and
Whereas, Following his military service, SP4 Warner Ray Osborne returned to the Accoville area of Logan County, West Virginia, where he worked in coal mining for more than 30 years and cared for his family, including his wife of 47 years, Quindora Marie Linville Osborne; and
Whereas, SP4 Warner Ray Osborne and Quindora Marie Linville Osborne had three daughters: Darlene Sue Osborne Davis, Melissa “Lisa” Osborne Gentry, and Kristy Bragg; several grandchildren and great-grandchildren; and
Whereas, SP4 Warner Ray Osborne served his country with honor and was cherished by his family, friends, and community; and
Whereas, It is fitting that an enduring memorial be established to commemorate U.S. Army SP4 Warner Ray Osborne for his contributions to our state and country, and to his community; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 23-016/01-000.87 (23A078), locally known as Right Fork Buffalo Creek Bridge 3, carrying CR 16/1 over the Right Fork of Buffalo Creek in Logan County, the “U.S. Army SP4 Warner Ray Osborne 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 SP4 Warner Ray Osborne 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:
S. C. R. 10 - “Requesting the Division of Highways name bridge number 55-010/00-031.60 (55A035), (37.66588, -81.57373) locally known as Jesse Bridge, carrying WV 10 over Laurel Fork in Wyoming County, the ‘U.S. Air Force TSGT Franklin A. Bradford Bridge’.”
Whereas, Franklin Abb Bradford, was born at the Stevens Hospital in Welch, West Virginia on March 21, 1950. He was the son of a coal miner and grew up in a coal camp house where he graduated from Pineville High School in 1969. With the Vietnam War underway, Franklin Bradford voluntarily enlisted in the United States Air Force in the fall of 1969; and
Whereas, TSGT Franklin Abb Bradford spent his basic training at Lackland Air Force Base in San Antonio, Texas. He served his first tour of duty in the Southeast Asian theater of conflict. TSGT Franklin Bradford served with the civil engineering unit called Prime BEEF (Base Engineer Emergency Force), where he served as a machine gunner. Prime BEEF was a rapidly deployable squadron of specialized civil engineering unit members who provided a full range of engineering support for command operations; and
Whereas, TSGT Franklin Abb Bradford was stationed at Beale Air Force Base in California where he helped assemble the SR-71 Blackbird, an Air Force reconnaissance aircraft intended to operate at extreme velocities, altitudes, and temperatures, that played a key role in gathering intelligence during the Cold War; and
Whereas, TSGT Franklin Abb Bradford was stationed at the Ramstein Air Force Base in Germany and flew on international missions. After Shah Mohammad Reza Pahlavi was ousted from Iran on February 11, 1979, at the start of the Iranian Revolution, the Shah was welcomed into the United States for cancer treatments. In protest, Iranian students took over the U.S. Embassy in Tehran, holding Americans hostage for more than 440 days. Bradford took part in one of the airlift rescue missions for embassy members during what would become known as the Iranian hostage crisis; and
Whereas, TSGT Franklin Abb Bradford transferred to Charleston Air Force Base in South Carolina where he served as a quality control specialist for the mechanical air command, and then he transferred to the strategic air command at Randolph Air Force Base in San Antonio, Texas. Following his service in Texas, Bradford was sent to Kunsan Air Force Base in South Korea to a combat readiness unit, the 8th Fighter Wing, known as “The Wolf Pack”. This was a strategic unit trained and prepared to execute immediate air combat against any aggressors threating the United States or South Korea. Bradford’s final duty station was at Maxwell Air Force Base in Alabama where he worked as a manpower management technician; and
Whereas, TSGT Franklin Abb Bradford always made time to volunteer with local schools, the Special Olympics, and the Red Cross wherever he was stationed. While stationed in San Antonio, Pope John Paul II visited the city in September 1987 and conducted an outdoor mass with several thousand attendees, some of whom suffered the effects of the hot Texas sun. Bradford served with the Red Cross during the event, brought water and refreshments to attendees, and helped many who succumbed to the heat to shelter for assistance. The heart of a West Virginian is one of servitude and TSGT Franklin Abb Bradford displayed this quality whenever presented with the opportunity; and
Whereas, Upon retirement from the Air Force in 1991, TSGT Franklin Abb Bradford went back to school at Bluefield State College and earned a bachelor’s degree, which allowed him to begin a career with the United States Department of Defense as a contract specialist with the Naval Sea Command and NASA. Bradford’s duty station was at the Wright Patterson Air Force Base in Ohio. When a transfer opportunity opened for the Department of Defense in Blacksburg, Virginia, Bradford seized the chance to return home and moved to Princeton, West Virginia. He eventually worked with the Veterans Administration Hospital in Beckley, West Virginia as a contract specialist, and enjoyed his time serving the needs of fellow veterans; and
Whereas, It is fitting that an enduring memorial be established to commemorate TSGT Franklin Abb Bradford for his honorable service to our state and country; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name Bridge Number: 55-010/00-031.60 (55A035), (37.66588, -81.57373) locally known as Jesse Bridge, carrying WV 10 over Laurel Fork in Wyoming County, the “U.S. Air Force TSGT Franklin A. Bradford Bridge”; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “U.S. Air Force TSGT Franklin A. Bradford Bridge”; and, be it
Further Resolved, That the Clerk of the Senate is 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:
S. C. R. 14 - “Requesting the Division of Highways name bridge number 20-060/00-028.94 (20A347), locally known as 13th St. Overpass, carrying US 60 over CR 60/18 in Kanawha County, the ‘U.S. Army SSGT Elson M. Kuhn Memorial Bridge’.”
Whereas, U.S. Army SSGT Elson Merrill Kuhn was born on September 28, 1921, in Bim, West Virginia, and attended Van High School. He served in the First Cavalry Division, U.S. Army, in the Pacific Theater, comprising the Philippines, New Guinea, New Caledonia, and the occupation force in Japan during World War II as duration duty orders, entering in 1942, and honorably discharged as a Staff Sergeant on January 14, 1946; and
Whereas, After serving in the U.S. Army for four years, SSGT Elson Merrill Kuhn returned to West Virginia to work for the coal industry and the industrial baseball league. He remained employed in the mining industry for a 40-year career as an electrician, after becoming licensed by the state and federal government; and
Whereas, Before U.S. Army, SSGT Elson Merrill Kuhn contributed significantly to the building and upkeep of Kanawha State Forest through his membership in the Civilian Conservation Corps, No. 2599 S76 Camp at Kanawha State Forest. He assisted in building the recreation areas and other infrastructure, including the dam, roads, fire towers, bridges, restrooms, picnic shelters, and log home of the superintendent. Throughout his life, he also participated in raising funds, building shelters, replacing dilapidated foot bridges, and holding reunions at Kanawha State Forest; and
Whereas, U. S. Army SSGT Elson Merrill Kuhn died after a long illness on Tuesday, September 9, 2003, at Hubbard Hospice House in Charleston, West Virginia. He died at the age of 81, leaving behind a wife of 56 years, seven children, 11 grandchildren, eight great-grandchildren, two siblings, and many nieces and nephews; and
Whereas, It is fitting that an enduring memorial be established to commemorate U.S. Army SSGT Elson M. Kuhn and his contributions to our state and country; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 20-060/00-028.94 (20A347), locally known as 13th St. Overpass, carrying US 60 over CR 60/18 in Kanawha County, the “U. S. Army SSGT Elson M. Kuhn Memorial Bridge”; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “U. S. Army SSGT Elson M. Kuhn Memorial Bridge”; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways.
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:
S. C. R. 19 - “Requesting the Division of Highways name bridge number 30-003/05-014.73 (30A291), (37.89343,-82.23993), locally known as the Kirk Beam Span Bridge, carrying County Route 3/5 over West Fork Twelvepole Creek in Mingo County, the ‘U.S. Army PVT Thomas D. Beckett, Sr. Memorial Bridge’.
Whereas, PVT Thomas D. Beckett, Sr. was born October 14, 1909, at Kirk, Mingo County, West Virginia, to John J. Beckett and Polly Bailey. He lost both of his parents at a young age and began working in the coal mines of southern West Virginia at the age of fourteen; and
Whereas, On June 18, 1935, Thomas D. Beckett, Sr. married Brookie Dillon in Logan County, West Virginia. They settled in Peach Creek, Logan County. Thomas D. Beckett, Sr. and his wife were the parents of eleven children.
Whereas, Around 1939, Thomas D. Beckett, Sr. and his wife moved to Kirk, Mingo County, West Virginia where they would raise their family. Their home was located at Mudlick Branch. He continued working in the coal mines for several years. In 1940, he was employed by West Virginia Coal & Coke Corporation located in Omar, West Virginia. As a coal miner, he was injured several times; and
Whereas, PVT Thomas D. Beckett, Sr. served in the U.S. Army during World War II. He served in Company D, 27th Medical Training Battalion at Camp Grant, Illinois and received an honorable discharge on July 18, 1944. After returning home from the Army, PVT Thomas D. Beckett, Sr. was appointed Postmaster of Kirk, West Virginia on May 15, 1946. He served in this capacity until 1956. He was the last to serve in this position as the Kirk post office was discontinued January 27, 1956, effective February 24, 1956. In Kirk, PVT Thomas D. Beckett, Sr. also ran a grocery store called Beckett Grocery, which began on the front porch of his home. Eventually, he built a small building which housed the post office and his store in front of his home at Mudlick Branch. Both PVT Thomas D. Beckett, Sr. and his wife took care of anyone who needed help in the community allowing people to purchase groceries on credit and constantly lending a helping hand to their neighbors. PVT Thomas D. Beckett, Sr. learned to become an auto mechanic at Charley White’s Garage in Dingess, West Virginia. He also served as a deacon at Bailey Baptist Church located in Kirk, West Virginia.
Whereas, Around 1956, PVT Thomas D. Beckett, Sr. moved his family to Dunlow, Wayne County, where he operated another store which ultimately was lost to fire. He then used his auto mechanic training and opened an auto garage and filling station located across the road from his home.
Whereas, On July 30, 1976, PVT Thomas D. Beckett, Sr. was struck by a car in front of his home at Dunlow, West Virginia while walking across Route 152 to his garage. He was taken to Cabell Huntington Hospital where he passed away on August 1, 1976. He was 66 years old. He was the first to be buried on what would become the Beckett Family Cemetery; and
Whereas, It is fitting that an enduring memorial be established to commemorate U. S. Army Pvt. Thomas D. Beckett, Sr. and his contributions to our state and country; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 30-003/05-014.73 (30A291), (37.89343,-82.23993) locally known as the Kirk Beam Span Bridge, carrying County Route 3/5 over West Fork Twelvepole Creek in Mingo County, the “U.S. Army PVT Thomas D. Beckett, 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 “U.S. Army PVT Thomas D. Beckett, Sr. 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:
S. C. R. 22 - “Requesting the Division of Highways name bridge number 27-40-6.15 (27A120), locally known as Upper Ninemile Bridge 6.15, carrying County Route 40 over Upper Ninemile Creek in Mason County, the ‘U.S. Army PFC Clifford O. Eckard Memorial Bridge’.”
Whereas, Clifford O. Eckard was born April 13, 1911, in Southside, Mason County, West Virginia; and
Whereas, PFC Clifford O. Eckard enlisted in the Army to serve his country and state during World War II; and
Whereas, PFC Clifford O. Eckard was assigned to the 82nd Airborne Division, H.Q.C.O 319th Glider FA BN during his time of service during World War II; and
Whereas, PFC Clifford O. Eckard passed away on June 7, 1988, as a World War II veteran who bravely defended his country and state during World War II; and
Whereas, It is fitting that an enduring memorial be established to commemorate PFC Clifford O. Eckard and his contributions to our state and country; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 27-40-6.15 (27A120), locally known as Upper Ninemile Bridge 6.15, carrying County Route 40 over Upper Ninemile Creek in Mason County, the “U.S. Army PFC Clifford O. Eckard Memorial Bridge”; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “U.S. Army PFC Clifford O. Eckard 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:
S. C. R. 26 - “Requesting the Division of Highways name bridge number 39-68/8-000.01 (39A234), locally known as King’s Trees Bridge, carrying CR 68/8 over Interstate 68 in Preston County, the ‘U.S. Army TEC5 William ‘Bill’ Thurman King Memorial Bridge’. “
Whereas, William “Bill” Thurman King was born on June 24, 1925, in Bruceton Mills, Preston County, West Virginia; and
Whereas, In the 1940s, William “Bill” Thurman King was a Technician Fifth Grade, Battery A of the 364th Field Artillery in the United States Army, he was honorably discharged in 1946; and
Whereas, William “Bill” Thurman King was honored in his military service with the European-African-Middle Eastern Theater Ribbon, the Good Conduct Medal, the World War II Victory Ribbon, and the Army Occupation Medal (Germany); and
Whereas, From the late 1940s until the 1980s, William “Bill” Thurman King was a bus operator for the Preston County Board of Education; and
Whereas, It is fitting that an enduring memorial be established to commemorate TEC5 William “Bill” Thurman King and his contributions to his 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 39-68/8-000.01 (39A234), locally known as King’s Trees Bridge, carrying County Route 68/8 over Interstate 68 in Preston County, the “U.S. Army TEC5 William ‘Bill’ Thurman King 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 TEC5 William ‘Bill’ Thurman King 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:
S. C. R. 36 - “Requesting the Division of Highways name bridge number 17-098/00-004.06 (17A348), locally known as V.A. Hospital Bridge, carrying WV 98 over Fitness Trail in Harrison County, the ‘U.S.M.C. CPL Harry Edward Dean Jr., Memorial Bridge’.”
Whereas, Harry Edward Dean, Jr., was educated during the era of the polio pandemic and received his degree in physical therapy in 1950, after being interrupted for his service in the U.S. Marine Corps during WW II. He served in the Pacific during WW II with combat tours in Okinawa, the Ryukyu Islands, and occupied China; and
Whereas, CPL Harry Edward Dean Jr., was one of the state’s first physical therapists, advocate, and friend for thousands of West Virginia children with disabilities. He held a full-time job at the VA Medical Center in Clarksburg, West Virginia, while treating disabled children in his spare time, teaming with the Clarksburg Rotary Club to launch the Children’s Treatment Center in 1955; and
Whereas, CPL Harry Edward Dean Jr., while continuing his treatment of children with disabilities, was the first licensed physical therapist to open the St. Mary’s Hospital Physical Therapy Department and, as the head physical therapist, he became the executive director of the Easter Seal Society in 1971; and
Whereas, CPL Harry Edward Dean Jr., began a two-week summer camping program in 1971 for children with disabilities at Camp Horseshoe, in Parsons, West Virginia. He mentored medical school students who served as counselors year after year, out of respect for his selfless passion, and in turn becoming life-long friends, inspiring dozens with the same selfless passion; and
Whereas, No fees were ever charged for any of the services provided at the Children’s Treatment Center during the time CPL Harry Edward Dean Jr., was director because he and others raised the needed funds through private and corporate donations, grants, and trusts. He always said he was richly rewarded with the success of the children with disabilities he treated and gratitude of their families; and
Whereas, CPL Harry Edward Dean Jr., was a member of the American Physical Therapy Association and the West Virginia Physical Therapy Association, and was awarded the West Virginia Physical Therapy Pioneer Award in 2007; and
Whereas, It is fitting that an enduring memorial be established to commemorate CPL Harry Edward Dean Jr., and his contributions to our state and country; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 17-098/00-004.06 (17A348), locally known as V.A. Hospital Bridge, carrying WV 98 over Fitness Trail in Harrison County, the “U.S.M.C. CPL Harry Edward Dean Jr., 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.M.C. CPL Harry Edward Dean Jr., 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:
S. C. R. 48 - “Requesting the Division of Highways name bridge number 13-060/29-000.01 (13A271) (37.99398, -80.74791), locally known as Reese Bridge, carrying CR 60/29 over Meadow River in Greenbrier County, the ‘U.S. Army PFC Ronald Lee Berry Memorial Bridge’.”
Whereas, PFC Ronald Lee Berry was born on March 26, 1950, in Rainelle, Greenbrier County. He was drafted into the U.S. Army, thus beginning his tour of duty during the Vietnam War. He held the rank of Private First Class and was a Combat Engineer, serving with the 1st Infantry Division, 1st Engineer Battalion; and
Whereas, PFC Ronald Lee Berry died on August 10, 1969, as a result of non-hostile action in South Vietnam, Binh Duong Province. He is honored at the Vietnam Veterans Memorial in Washington, D.C. with his name inscribed on the Vietnam Veterans Memorial Wall, Panel 20w, Line 121; and
Whereas, It is fitting that an enduring memorial be established to commemorate U.S. Army PFC Ronald Lee Berry and his contributions to our state and country; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 13-060/29-000.01 (13A271), (37.99398, -80.74791), locally known as Reese Bridge, carrying CR 60/29 over Meadow River in Greenbrier County, the “U.S. Army PFC Ronald Lee Berry Memorial Bridge”; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “U.S. Army PFC Ronald Lee Berry 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 Zukoff, Anderson, Barach, Bates, Boggs, Booth, Bridges, Brown, Burkhammer, Capito, Clark, Conley, Cooper, Criss, Crouse, Dean, Diserio, Doyle, Espinosa, Evans, Fast, Ferrell, Fleischauer, Fluharty, Forsht, Garcia, Gearheart, Graves, Griffith, Hansen, Hanshaw (Mr. Speaker), Hardy, Holstein, Honaker, Hornbuckle, Horst, Hott, Householder, Howell, D. Jeffries, Jennings, J. Kelly, Kimes, Linville, Longanacre, Lovejoy, Mallow, Mandt, Martin, Maynor, Miller, Nestor, Pack, Pinson, Pushkin, Queen, Reed, Riley, Rohrbach, Rowan, Rowe, Skaff, Smith, Statler, Steele, Storch, Summers, Sypolt, Thompson, Toney, Tully, Walker, Wamsley, B. Ward, G. Ward, Westfall, Williams, Worrell, Young and Zatezalo offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. R. 17 - “Affirming support for Ukrainian sovereignty, the people of Ukraine, and their right to self-determination.”
Whereas, Ukraine’s population is overwhelmingly Christian, and the people of West Virginia support their right to continue to practice and spread the Christian faith, free of Russian violence and oppression; and
Whereas, The people of Ukraine and West Virginia have a shared love of freedom, independence, self-determination, and self-governance; and
Whereas, The 43.7 million people of Ukraine share an identity which is distinct and separate from Russia; and
Whereas, Approximately 77.8 percent of the Ukrainian population identify as Ukrainian, and only 17.3 percent of people in Ukraine identify as Russian; and
Whereas, The language, culture, and history of Ukraine is rich and distinct from Russian language, culture, and history; and
Whereas, Ukraine first declared independence from communist Russia in 1918; and
Whereas, Ukraine has enjoyed self-governance since its separation from the Soviet Union in August of 1991; and
Whereas, Ukraine ratified its most recent constitution in June of 1996; and
Whereas, Ukraine is recognized as a democratic republic and is governed by President Volodymyr Zelenskyy and Prime minister Denys Shmyhal; and
Whereas, The Ukrainian and West Virginian economies are driven by their abundance of natural resources; and
Whereas, The arable land in Ukraine is significantly larger than that in Russia, and should be used and enjoyed by the people of Ukraine, not exploited by the Russian government to expand its own power; and
Whereas, Persistent Russian interference and aggression weaken Ukrainian growth and investments; and
Whereas, Ukraine is the largest Eastern European country, making the retention of its independence from Russia a security interest of the United States and NATO; and
Whereas, A threat to the sovereign borders of Ukraine is a threat to all Western Democracies; and
Whereas, President Putin is an unstable, unpredictable threat to Europe, NATO, and its allies; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates stands in solidarity with the people of Ukraine in their fight against Russian oppression, aggression, and annexation; and, be it
Further Resolved, That the Clerk of the House forward a copy of this Resolution to the Ukrainian Embassy in Washington, DC.
Special Calendar
Third Reading
Com. Sub. for S. B. 524, Placing duties and functions of certain boards and commissions under Department of Arts, Culture, and History; 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. 375), and there were--yeas 67, nays 23, absent and not voting 10, with the nays and the absent and not voting being as follows:
Nays: Barach, Boggs, Cooper, Diserio, Doyle, Evans, Fleischauer, Fluharty, Garcia, Griffith, Hansen, J. Kelly, Paynter, Pethtel, Pushkin, Rowe, Skaff, Walker, G. Ward, Williams, Young, Zatezalo and Zukoff.
Absent and Not Voting: Espinosa, Householder, Linville, Martin, McGeehan, Nestor, Storch, Thompson, Westfall and Worrell.
So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 524) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for S. B. 650, Eliminating number of royalty owners required for utilization by operator for lawful use and development by co-tenants; 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. 376), and there were, including pairs--yeas 72, nays 21, absent and not voting 7, with the paired, the nays and the absent and not voting being as follows:
Pursuant to House Rule 43, the following pairing was filed and announced by the Clerk:
Paired:
Yea: Westfall Nay: Zukoff
Nays: Barach, Brown, Crouse, Dean, Diserio, Doyle, Evans, Fleischauer, Fluharty, Griffith, Hansen, Paynter, Pethtel, Pushkin, Rowe, Summers, Thompson, Walker, Williams and Young.
Absent and Not Voting: Espinosa, Householder, Martin, McGeehan, Nestor, Storch and Worrell.
So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 650) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Second Reading
Com. Sub. for S. B. 515, Supplementing and amending appropriations of public moneys to Department of Administration, Public Defender Services; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 517, Expiring funds from unappropriated balance in State Excess Lottery Revenue Fund; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 525, Expiring funds from unappropriated balance in Lottery Net Profits; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 526, Supplementing and amending appropriations to Department of Commerce, Office of Secretary; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 527, Supplementing and amending appropriations to Department of Administration, Office of Technology; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 531, Increasing annual salaries of certain state employees; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk, on page two, section five, by striking out the language on lines twenty-one through page four, line seventy in its entirety and inserting in lieu thereof the following:
“ANNUAL SALARY SCHEDULE (BASE PAY)
SUPERVISORY AND NONSUPERVISORY RANKS
Cadet During
Training $ 38,524 $48,524
Cadet Trooper
After Training 45,784 55,784
Trooper Second
Year 46,796 56,796
Trooper Third
Year 47,179 57,179
Senior Trooper 47,578 57,578
Trooper First
Class 48,184 58,184
Corporal 48,790 58,790
Sergeant 53,091 63,091
First Sergeant 55,242 65,242
Second
Lieutenant 57,392 67,392
First Lieutenant
59,543 69,543
Captain 61,694 71,694
Major 63,844 73,844
Lieutenant
Colonel 65,995 75,995
ANNUAL SALARY SCHEDULE (BASE PAY)
ADMINISTRATION SUPPORT SPECIALIST CLASSIFICATION
I $46,796 $56,796
II 47,578 57,578
III 48,184 58,184
IV 48,790 58,790
V 53,091 63,091
VI 55,242 65,242
VII 57,392 67,392
VIII 59,543 69,543
Beginning on July 1, 2021 Effective July 1, 2022,
designated individuals within the forensic laboratory shall receive annual base
salaries payable at least twice per month as follows:
ANNUAL SALARY SCHEDULE (BASE PAY)
EVIDENCE CUSTODIAN
I $35,650 $45,650
II 37,978 47,978
III 41,639 51,639
IV 44,666 54,666
FORENSIC TECHNICIAN
I $37,850 $47,850
II 39,544 49,544
III 43,426 53,426
FORENSIC SCIENTIST
I $45,050 $55,050
II 47,234 57,234
III 49,338 59,338
IV 51,737 61,737
V 55,263 65,263
VI 59,063 69,063
FORENSIC SCIENTIST SUPERVISOR
I $61,762 $71,762
II 65,326 75,326
III 69,104 79,104
IV 73,108 83,108”.
On the adoption of the amendment, the yeas and nays were demanded, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 377), and there were--yeas 90, nays 1, absent and not voting 9, with the nays and the absent and not voting being as follows:
Nays: Gearheart.
Absent and Not Voting: Brown, Espinosa, Householder, Martin, McGeehan, Nestor, Storch, Westfall and Worrell.
So, a majority of the members present having voted in the affirmative, the amendment was adopted.
The bill was then ordered to third reading.
S. B. 626, Supplementing, amending, and increasing existing items of appropriation from State Road Fund to DOT, DMV; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 627, Supplementing, amending, and increasing existing item of appropriation from State Road Fund to DOT, DOH; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 628, Supplementing and amending appropriations to Department of Commerce, DNR; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 629, Supplementing and amending appropriations to Department of Education, WV BOE, Vocational Division; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 630, Supplementing and amending appropriations to Higher Education Policy Commission, Administration – Control Account; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 636, Supplementing and amending appropriations to Department of Revenue, Office of Tax Appeals; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 637, Supplementing and amending appropriations to Executive, Governor’s Office – Civil Contingent Fund; on second reading, coming up in regular order, was read a second time.
Delegate Foster asked and obtained unanimous consent that his amendment be withdrawn.
The bill was then ordered to 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:
Com. Sub. for S. B. 181, Creating Core Behavioral Health Crisis Services System,
S. B. 213, Establishing licensed professional counseling compact,
Com. Sub. for S. B. 274, Requiring secretary of DHHR to allocate CPS workers by Bureau of Social Services’ district annually,
Com. Sub. for S. B. 330, Authorizing DOT to promulgate legislative rules,
S. B. 427, Permitting WV Board of Medicine investigators to carry concealed weapon,
Com. Sub. for S. B. 466, Relating to limitations on civil actions or appeals brought by inmates,
S. B. 493, Requiring county BOE make meetings available to public in-person and through internet,
Com. Sub. for S. B. 505, Updating laws on licensure and regulation of money transmitters,
Com. Sub. for S. B. 522, Combining offices of WV State Americans with Disabilities Act and WV Equal Employment Opportunity,
Com. Sub. for S. B. 553, Relating to powers of WV Health Care Authority,
Com. Sub. for S. B. 575, Ensuring that imposition of certain sexual offenses apply to persons working in juvenile facilities,
Com. Sub. for S. B. 593, Allowing Marshall University's Forensic Analysis Laboratory access and participation in WV DNA database for certain purposes,
S. B. 603, Prohibiting licensure and re-licensure in WV if applicant is prohibited from practicing in another jurisdiction,
Com. Sub. for S. B. 694, Relating to oil and gas conservation,
And,
Com. Sub. for H. B. 4023, Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article six of the Constitution.
Leaves of Absence
At the request of Delegate Summers, and by unanimous consent, leaves of absence for the day were granted Delegates Espinosa, Householder, Martin, McGeehan, Nestor, Storch, Westfall and Worrell.
Miscellaneous Business
Pursuant to House Rule 132, consent was obtained to print the following in the Appendix to the Journal:
- Delegate Pritt regarding John Kogoy
At 10:38 a.m., the House of Delegates adjourned until 11:00 a.m., Monday, March 7, 2022.