hdj2012-03-01-51
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Thursday, March 1, 2012
FIFTY-FIRST DAY
[Mr. Speaker, Mr. Thompson, in the Chair]
The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Rick
Thompson, 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, February 29, 2012, being the first
order of business, when the further reading thereof was dispensed with and the same approved.
At the request of Delegate Boggs, and by unanimous consent, the applicable provisions of
House Rule 136, relating to privileges of the floor, were suspended for the day to extend privileges
of the floor to invited guests for a presentation by the House.
At the request of Delegate Boggs, and by unanimous consent, the House of Delegates
proceeded to the Seventh Order of Business for the purpose of introduction of resolutions.
Resolutions Introduced
Delegates Moore, Guthrie, Lawrence and Stephens offered the following resolution, which
was read by its title and referred to the Committee on Rules:
H. C. R. 97 - "Requesting that the Joint Committee on Government and Finance conduct a
study regarding the state contract procurement process, with special emphasis on contract
procurement relative to small disadvantaged business enterprises."
Whereas, The State of West Virginia purchases millions of dollars in commodities and
services from thousands of vendors in order to efficiently operate state agencies and programs; and
Whereas, The Department of Transportation has had a successful program utilizing its web
site, established by the Legislature, of assisting small disadvantaged business enterprises to locate,
pursue and secure state contracts efficiently; and
Whereas, Establishing a program within the Department of Administration's Purchasing
Division dedicated to registering small disadvantaged business enterprises and their available
services will enable these entities to fully pursue all contract opportunities in all areas of the state
agency contract procurement process; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the state
contract procurement process, with special emphasis on contract procurement relative to the small
disadvantaged business enterprises; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the
Legislature on the first day of the Regular Session, 2013, on its findings, conclusions and
recommendations together with drafts of any legislation to effectuate its recommendations; and, be
it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
Delegate Marshall offered the following resolution, which was read by the Clerk as follows:
H. R. 33 - "Designating March 1, 2012, as 'Crime Victims Day at the Legislature'."
Whereas, The West Virginia Crime Victims Compensation Fund is celebrating "Crime
Victims Day at the Legislature" by providing all of the crime victim agencies and individuals who
serve victims of crime an opportunity to educate the members of the Legislature and the public about
the many services available to assist victims of crime and their families throughout our State; and
Whereas, The many agencies and individuals serving victims of crime and their families
in West Virginia strive to foster the healing of victims and their families through treatment for their
many needs including, but not limited to, advocacy for and on behalf of victims and their families,
medical treatment and mental health counseling, compensation, and restitution; and
Whereas, The many organizations and individuals who provide assistance to victims of
crime and families make valuable contributions to those who have been affected by crime in our
State; and
Whereas, West Virginia is proud of the accomplishments and achievements of the many
organizations and individuals who serve the needs of victims of crime and appreciate their many
contributions to our communities; and
Whereas, There are also many victims or family members present on this special day to
foster understanding by the public of the effects of victimization; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby designates March 1, 2012, as "Crime Victims Day at the
Legislature"; and, be it
Further Resolved, That the House of Delegates expresses its appreciation to the many
organizations which serve victims of crime and their families throughout our State and for the
dedication of those individuals who serve these organizations; and, be it
Further Resolved, That the Clerk of the House forward a copy of this resolution to the
appropriate official with the West Virginia Crime Victims Compensation Fund, Cheryle M. Hall,
Clerk of the Court.
At the request of Delegate Boggs, and by unanimous consent, reference of the resolution (H.
R. 33) to a committee was dispensed with, and it was taken up for immediate consideration and
adopted.
Recognition of Doorkeeper
The Doorkeeper of the House, the Honorable John A. Roberts, was escorted to the well of
the Chamber by the Assistant Doorkeepers and Assistant Sergeants-at-Arms.
Delegate Boggs then asked and obtained unanimous consent that committee reference be
dispensed with as to a resolution , set forth below, and that the same be taken up for immediate
consideration.
The Members arose, and the Clerk of the House read the following resolution, which was
authored by the Clerk and offered by Mr. Speaker, Mr. Thompson, on behalf of all Members of the
House:
House Resolution 34
[By Mr. Speaker, Mr. Thompson, Offered on Behalf of All Members of the House]
"Paying tribute to the outstanding career and service of John A. Roberts, upon the
occasion of his retirement as Doorkeeper of the West Virginia House of Delegates."
WHEREAS, John A. Roberts began his career in the political world at the young age
of twelve years, when he went to Washington, DC, to become a page in the United States
House of Representatives under the guidance of his uncle, Ralph R. Roberts, who served as
the elected Chief Doorkeeper of the House from 1943 until 1947. John's per diem
compensation as a page in 1946 was $5.00.
John Roberts quickly took to the political world, always in it but apart from it as a
staff person. His career on Capitol Hill was really established when, in 1950, he became
a Special Assistant to his uncle Ralph R. Roberts, who was elected Clerk of the United
States House of Representatives in 1949 and served in that position until 1967, with a one
term absence from 1947-1949. John served as Administrative Assistant to the Clerk of the
House from 1955 until 1964.
The House Clerk had composed and signed a customary letter of succession,
guaranteeing that his office would continue to operate should anything befall him. When a
heart attack struck the Clerk, House Parliamentarian Lewis Deschler, a personal friend to
John, provided the letter of succession to the Speaker of the House, and at twenty-nine years
of age, John A. Roberts was named Acting Clerk of the House in his uncle's stead. John
served in that position until the end of September, 1964, when his uncle Ralph returned to his elected duties as Clerk. John returned to his duties as Administrative Assistant to the
Clerk until the end of December, 1964.
On the first day of January, 1965, John Roberts became the Assistant Editor of the
Daily Digest for the United States House, a position he would hold until he was named the
Chief Editor on January 1, 1966. John served as Chief Editor of the Digest until the end of
1968. He served as Assistant Clerk to the District of Columbia Committee for a time in 1970,
and served as Legal Publications Specialist, National Archives, before retiring from Capitol
Hill in 1982.
John developed a great love of and respect for the House of Representatives and the
day-to-day life there. He was on a first-name basis with Speakers of the House, and he is
quick to reveal that his favorite was Speaker Sam Rayburn of Texas,
who served as Speaker
of the House of Representatives
for seventeen years, the longest tenure in U.S. history.
Speaker Rayburn took a personal interest in John, and nurtured him and his career along the
way.
John could not stay away from the legislative arena, and in 1982, he became an
employee of the West Virginia House of Delegates, assigned to the House Documents Room.
He became an Assistant Doorkeeper and was elected as Chief Doorkeeper of the House on
February 7, 1996. He has been reelected to that position for eight successive terms, and his
service here spans twenty-eight years.
John Roberts certainly loves the legislative arena, and the House in particular, but he also has a deep and abiding love for his wife, Marjorie, and his children R. Michael Roberts
and Andrea Lee Martinec.
After a career spanning sixty-seven years of involvement in the daily operations of the
United States House of Representatives, and the West Virginia House of Delegates, John A.
Roberts has opted to move into retirement from public service upon sine die adjournment of
this session of the Legislature. The familiar ring of his voice at the opening of the Session,
with a robust "Mr. Speaker!" will not soon be forgotten; therefore,be it
Resolved by the House of Delegates:
That it is with heartfelt congratulations and a spirit of fraternal embrace that we
hereby formally note the long and distinguished public service of John A. Roberts,
Doorkeeper of the House, upon the occasion of his retirement; that this House of Delegates
collectively applauds his service to the United States House of Representatives and to our
own House of Delegates, and extends every good wish to him upon this occasion and for the
future; and, be it
Further Resolved, That the Clerk of the House prepare a certified copy of this
Resolution for presentation to John A. Roberts, Doorkeeper, and friend.
The question now being on the adoption of the resolution, Delegate Boggs demanded the yeas
and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 217), and there were--yeas
99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent and Not Voting: Givens.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the resolution (H. R. 34) adopted.
Following adoption of the Resolution, the Speaker called Speaker Pro Tempore Fragale to
the Chair to preside.
The Speaker then left the Rostrum and was accompanied by the Clerk of the House to the
well of the Chamber, where he formally presented the certified Resolution to the Doorkeeper. The
Speaker and Clerk also presented Mr. Roberts with a twenty-year service pin and a special House
Medallion suspended from a blue and gold silk ribbon, marking his outstanding years of service to
the House of Delegates.
Mr. Roberts thanked the Speaker and Clerk, and all Members of the House, for the honors
bestowed upon him this day. He particularly thanked the Assistants and House Staff generally for
their cooperation in working together throughout the years. (Applause, the Members standing in
ovation)
The Doorkeeper then withdrew from the well of the Chamber, to continue his duties at the
Main Door of the House, the Assistants retired to their stations, and the Clerk and Speaker returned
to their rostrums to continue the orders of the day.
Committee Reports
Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report,
which was received:
Your Committee on Rules has had under consideration:
H. C. R. 49, The "LTC Spencer J. Campbell Memorial Bridge",
H. C. R. 75, The "McCellan Highway and Jerry Lee Richards Memorial Highway",
H. C. R. 96, The "Fields Brothers Memorial Highway",
And,
H. R. 28, Designating September 26 as "Mesothelioma Awareness Day",
And reports the same back with the recommendation that they each be adopted.
Chairman Poore, from the House Committee on Enrolled Bills, submitted the following
report, which was received:
Your House Committee on Enrolled Bills has examined, found truly enrolled and, on the 29
th
day of February, 2012, 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. 4087, Continuing the discontinuance of the severance and business privilege tax on the
privilege of severing timber,
And,
H. B. 4415, Authorize a Prince Railroad Station Authority to acquire and maintain the
railroad station building.
Chairman Talbott, from the Committee on Natural Resources submitted the following report,
which was received:
Your Committee on Natural Resources has had under consideration:
Com. Sub. for S. B. 478, Creating apprentice hunting and trapping license,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on Finance.
At the request of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 33) to a committee was dispensed with, and it was taken up for immediate consideration and
adopted.
Unfinished Business
The following resolutions coming up in regular order, as unfinished business, were reported
by the Clerk and adopted:
S. C. R. 30, Requesting DOH name portion of Rt. 85 in Boone County "BM2 Michael V.
Dunlap and PFC Darrell E. Dunlap Memorial Highway",
S. C. R. 36, Requesting DOH name bridge in McDowell County "Corporal John A. Gero
Memorial Bridge",
H. C. R. 88, The "1st Lt. Therrel Shane Childers Memorial Bridge",
H. C. R. 89, The "PFC Rodney Kent Ranson Memorial Bridge",
And,
H. C. R. 94, The "Hunnicutt Family Highway".
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein on those requiring the same.
Second Reading
The following bills on second reading, coming up in regular order, were each read a second
time and ordered to third reading:
Com. Sub. for S. B. 100, Relating to fees collected by circuit court clerks,
S. B. 205, Relating to construction zone signage,
S. B. 385, Expanding definition of "computer" in commission of certain crimes,
Com. Sub. for S. B. 429, Relating to motor vehicle classifications,
And,
Com. Sub. for S. B. 434, Providing suggestion and suggestee execution contain certain
information.
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. 191, Relating to personal safety orders,
S. B. 214, Clarifying sunrise review requirement for establishment, revision or expansion of
professional scope of practice,
Com. Sub. for S. B. 382, Relating to sex offender registration,
S. B. 461, Conforming election complaint procedures statute to federal code,
And,
Com. Sub. for S. B. 536, Authorizing Auditor's land department accept credit, debit or
charge card payments.
Miscellaneous Business
Delegate Mahan asked and obtained unanimous consent that the remarks of Delegate Doyle
regarding H. B. 2816, Permitting private clubs to purchase alcoholic liquors from retail liquor stores
in certain market zone in the state be printed in the Appendix to the Journal.
At 11:55 a.m., on motion of Delegate Boggs, the House of Delegates recessed until 5:30 p.m.,
and reconvened at that time.
* * * * * * *
Afternoon Session
* * * * * * *
At the request of Delegate Boggs, and by unanimous consent, the House of Delegates
returned to the Third Order of Business for the purpose of receiving committee reports.
Committee Reports
Chairman Butcher, from the Committee on Agriculture, submitted the following report,
which was received:
Your Committee on Agriculture has had under consideration:
Com. Sub. for S. B. 479, Creating Spay Neuter Program and Fund,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 479) was
referred to the Committee on the Finance.
Chairman Butcher, from the Committee on Agriculture, submitted the following report,
which was received:
Your Committee on Agriculture has had under consideration:
Com. Sub. for S. B. 527, Relating to general livestock trespass law,
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 (S. B. 527) was referred to
the Committee on the Judiciary.
Chairman Barker, from the Committee on Energy, Industry and Labor, Economic
Development and Small Business, submitted the following report, which was received:
Your Committee on Energy, Industry and Labor, Economic Development and Small Business
has had under consideration:
Com. Sub. for S. B. 153, Increasing tax credits for apprenticeship training in construction
trades,
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 (Com. Sub. for S. B. 153) was
referred to the Committee on Finance.
Chairman Moore, from the Committee on Banking and Insurance, submitted the following
report, which was received:
Your Committee on Banking and Insurance has had under consideration:
Com. Sub. for S. B. 551, Providing limitation exception for certain mortgage modification
loans,
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 (Com. Sub. for S. B. 551) was
referred to the Committee on Finance.
Chairman Perry, from the Committee on Banking and Insurance, submitted the following
report, which was received:
Your Committee on Banking and Insurance has had under consideration:
Com. Sub. for S. B. 501, Requiring health insurance coverage of certain hearing aids,
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 (Com. Sub. for S. B. 501) was
referred to the Committee on the Judiciary.
Chairman Moore, from the Committee on Banking and Insurance, submitted the following
report, which was received:
Your Committee on Banking and Insurance has had under consideration:
S. B. 336, Eliminating mortgage lender license exemption available to bank subsidiaries,
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 (S. B. 336) was referred to
the Committee on the Judiciary.
Chairman Moore, from the Committee on Banking and Insurance, submitted the following
report, which was received:
Your Committee on Banking and Insurance has had under consideration:
S. B. 337, Relating to powers and duties of Commissioner of Banking,
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 (S. B. 337) was referred to
the Committee on Finance.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following
report, which was received:
Your Committee on Political Subdivisions has had under consideration:
S. B. 365, Increasing membership of PEIA Finance Board.
And reports the same back with the recommendation that it do pass, and with the
recommendation that second reference of the bill to the Committee on Government Organization be
dispensed with.
In the absence of objection, reference of the bill (S. B. 365) to the Committee on Government
Organization was abrogated.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following
report, which was received:
Your Committee on Political Subdivisions has had under consideration:
S. B. 540, Relating to subdivision land development plans or plats,
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 (S. B. 540) was referred to
the Committee on the Judiciary.
Chairman Pethtel, from the Committee on Pensions and Retirement, submitted the following
report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
Com. Sub. for S. B. 369, Permitting Deputy Sheriff Retirement System retirants to modify
benefit options upon divorce,
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 (Com. Sub. for S. B. 369) was referred to the Committee on Finance.
Chairman Pethtel, from the Committee on Pensions and Retirement, submitted the following
report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
S. B. 575, Repealing code related to prior disability under Emergency Medical Services
Retirement System,
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 (S. B. 575) was referred to
the Committee on Finance.
Chairman Staggers, from the Committee on Roads and Transportation, submitted the
following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
S. B. 215, Specifying unobligated moneys in Industrial Access Road Fund revert to State
Road Fund,
And reports the same back with the recommendation that it each do pass, but that it first be
referred to the Committee on the Finance.
In accordance with the former direction of the Speaker, the bill (S. B. 215) was referred to
the Committee on Finance.
Chairman Staggers, from the Committee on Roads and Transportation, submitted the
following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
S. B. 544, Extending expiration date for certain diesel-powered motor vehicle idling
restrictions
S. B. 139, Making failure to wear safety belts primary offense,
And,
Com. Sub. for S. B. 12, Authorizing operation of low-speed vehicles in municipalities,
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 (S. B. 544, S. B. 139 and
Com. Sub. for S. B. 12) were each referred to the Committee on the Judiciary .
Chairman Staggers, from the Committee on Roads and Transportation, submitted the
following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
Com. Sub. for S. B. 621, Requiring DOH concurrence that major subdivisions or land
developments provide sufficient access,
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 (Com. Sub. for S. B. 621) was
referred to the Committee on Government Organization.
Chairman Staggers, from the Committee on Roads and Transportation, submitted the
following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
Com. Sub. for S. B. 60, Creating felony for driving under influence and causing serious bodily injury,
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 (Com. Sub. for S. B. 60) was
referred to the Committee on the Judiciary.
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. 4037, Relating to the professional and occupational licensure and
registration of former and current members of the Armed Forces of the United States.
A message from the Senate, by
The Clerk of the Senate, announced the concurrence by the Senate as to the changed effective
date, to take effect July 1, 2012, of
Com. Sub. for S. B. 564, Creating Aviation Fund and Fleet Management Office Fund.
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:
Com. Sub. for S. C. R. 51 - "Requesting the Division of Highways to name bridge number
23-11/3-0.09 on Route 80 in Man, Logan County, West Virginia, the 'Cox Joe Gollie Memorial
Bridge'."
Whereas, Mr. Joe Gollie was born on April 10, 1924, to Bruno and Pricie (May) Gollie in
Mingo County, West Virginia; and
Whereas, Mr. Joe Gollie spent most of his life in Logan County, residing and attending
schools in Man, West Virginia; and
Whereas, Mr. Gollie entered the U.S. Navy on August 4, 1942, serving as an armed guard
and, throughout his service, participating in the Pacific, the European and the North African theaters
of operation; and
Whereas, While in the United States Navy, Mr. Joe Gollie achieved the rank of Coxswain
(Cox) and was an E-4 Boatswain's Mate; and
Whereas, Mr. Gollie, in 1944, was a sailor on the U.S. Armed Merchant Vessel S.S.
Andrew G. Curtain when it was sunk in action by a German submarine on January 26, 1944, while
on Murmansk Run in the North Atlantic Ocean; and
Whereas, During the sinking of the S.S. Andrew G. Curtain, Mr. Gollie abandoned ship in
the cold waters of the North Atlantic and was picked up by the HMS Inconstant which took him to
Vaenga, Russia, on January 28, 1944; and
Whereas, After being transported by ship to Vaenga, Russia, Mr. Gollie was taken by
tugboat to Murmansk, Russia, on January 29, 1944; and
Whereas, The S.S. Phillip Livingston took Mr. Gollie from Murmansk, Russia, to Gourock,
Scotland, arriving on March 13, 1944, and, from here, Mr. Gollie boarded the S.S. Albert C. Ritchie
on April 1, 1944, arriving in New York on April 3, 1944; and
Whereas, Following his return to the states in April, 1944, Mr. Gollie served on the U.S.
Armed Merchant Vessel S.S. William Webb and the U.S. Armed Merchant Vessel S.S. Charles Wilson Peale; and
Whereas, Coxswain Joe Gollie received an honorable discharge from the United States
Navy in 1945; and
Whereas, Mr. Gollie was awarded several medals for his service to our state, nation and
world including the American Campaign Medal, the Asiatic Pacific Campaign Medal, the European-
African-Middle Eastern Campaign Medal with Bronze Star, the Good Conduct Medal and the World
War II Victory Medal; and
Whereas, When not engaged in protecting our nation, our lives and our values, Mr. Gollie
continued to serve his state and his country as a lifelong coal miner in Logan County, West Virginia,
marrying Mildred Frances Montgomery and having two children, Joseph S. Gollie and Sheila Rene
(Combs) Gollie; and
Whereas, Mr. Joe Gollie served his country and his state with honor and distinction and
ready to give the ultimate sacrifice if need be; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 23-11/3-0.09 on
Route 80 in Man, Logan County, West Virginia, the "Cox Joe Gollie Memorial Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested
to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge
the "Cox Joe Gollie 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, to Mr. Gollie's children, Joseph S.
Gollie of Danville, West Virginia, and Shelia Rene (Combs) Gollie of Man, West Virginia, and to the Daniel Boone VFW Post 5578.
Leaves of Absence
At the request of Delegate Boggs, and by unanimous consent, leave of absence for the day
was granted Delegate Givens.
At 5:42 p.m., the House of Delegates adjourned until 11:00 a.m., Friday, March 2, 2012.
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