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Eighty-second Legislature

First Regular Session

Held at Charleston

Published by the Clerk of the House

 

West Virginia Legislature

JOURNAL

of the

House of Delegates

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__________*__________



 

Thursday, February 12, 2015

THIRTIETH DAY

[Mr. Speaker, Mr. Armstead, in the Chair]

 

 

            The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Tim Armstead, 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 11, 2015, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

            Delegate Ellington, 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. 2614, Relating generally to health care provider taxes,

            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. 2614) was referred to the Committee on Finance.

            Delegate Ellington, 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. 2272, Relating to the authority of the Board of Pharmacy,

            And,

            H. B. 2432, Relating to the licensure requirements to practice pharmacist care,

             And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on Government Organization.

            In accordance with the former direction of the Speaker, the bills (H. B. 2272 and H. B. 2432) were each referred to the Committee on Government Organization.

            Delegate Ellington, 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. 2210, Transferring the Children’s Health Insurance Program and Children’s Health Insurance Agency.

            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 Government Organization.

            In accordance with the former direction of the Speaker, the bill (H. B. 2210) was referred to the Committee on Government Organization.

            Delegate Ellington, 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. 2382, Relating to the temporary assistance to needy families program,

            H. B. 2589, Establishing an appeal process for decisions issued by the West Virginia Department of Health and Human Resources Board of Review and the Bureau for Medical Services,

            H. B. 2613, West Virginia Clearance for Access, Registry and Employment Screening Act,

            And,

            H. B. 2648, Allowing authorized entities to maintain a stock of epinephrine auto-injectors to be used for emergency,

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

            In accordance with the former direction of the Speaker, the bills (H. B. 2382, H. B. 2589, H. B. 2613 and H. B. 2648) were each referred to the Committee on the Judiciary.

            Delegate Howell, 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. 2625, Continuing the current hazardous waste management fee, 

            And reports the same back, with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.

            In accordance with the former direction of the Speaker, the bill (H. B. 2625) was referred to the Committee on the Judiciary.

            Delegate Howell, 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. 2364, Board of Registration for Professional Engineers, examination, licensure and practice for professional engineers,

            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 Howell, 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. 389, Relating to Board of Registration for Professional Engineers license renewals and reinstatements,

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

            Delegate Howell, 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. 2592, Improving accountability in the state purchasing system,

            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. 2592) was referred to the Committee on the Judiciary.

            Delegate Nelson, Chair of the Committee on Finance, submitted the following report, which was received:

            Your Committee on Finance has had under consideration:

            H. B. 2160, WV Schools for the Deaf and Blind eligible for School Building Authority funding,

            And reports back a committee substitute therefor, with the same title, as follows:

            Com. Sub. for H. B. 2160 - “A Bill to amend and reenact §18-9D-2, §18-9D-3, §18-9D-4c and §18-9D-16 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18-9D-22, all relating to making the West Virginia Schools for the Deaf and Blind eligible to participate in any and all funding administered or distributed by the West Virginia School Building Authority,”

            With the recommendation that the committee substitute do pass.

            Delegate Nelson, Chair of the Committee on Finance, submitted the following report, which was received:

            Your Committee on Finance has had under consideration:

            H. B. 2212, Changing the amount of severance tax revenue annually dedicated to the West Virginia Infrastructure General Obligation Debt Service Fund,

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

            Delegate Nelson, Chair of the Committee on Finance, submitted the following report, which was received:

            Your Committee on Finance has had under consideration:

            H. B. 2213, Reducing the distributions to the West Virginia Infrastructure Fund,

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

            Delegate Nelson, Chair of the Committee on Veterans’ Affairs and Homeland Security, submitted the following report, which was received:

            Your Committee on Veterans’ Affairs and Homeland Security has had under consideration:

            H. B. 2646, Legalizing and regulating the sale and use of fireworks,

            And,

            H. B. 2676, Defining a veteran-owned business and exempting such businesses from the initial registration and certain annual report fees,

            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 H. B. 2676 was referred to the Committee on Finance.

            At the request of Delegate Cowles, and by unanimous consent, reference of H. B. 2646 to the Committee on Finance was dispensed with.

            Delegate Butler, Vice 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. 2547, Removing certain officials from office for misconduct or neglect of official duties,

            And reports the same back, with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.

            In accordance with the former direction of the Speaker, the bill (H. B. 2547) was referred to the Committee on the Judiciary.

            Delegate Butler, Vice 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. 2549, Relating to the preparation and publication of county financial statements,

            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. 2549) was referred to the Committee on the Judiciary.

            Delegate Butler, Vice 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. 2208, Relating to local smoking restrictions,

            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 Government Organization.

            In accordance with the former direction of the Speaker, the bill (H. B. 2208) was referred to the Committee on Government Organization.

            Delegate Pasdon, Chair of the Committee on Education, submitted the following report, which was received:

            Your Committee on Education has had under consideration:

            H. B. 2387, Relating to a framework for initiating comprehensive transformation of school leadership,

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

            Delegate Pasdon, Chair of the Committee on Education, submitted the following report, which was received:

            Your Committee on Education has had under consideration:

            H. B. 2545, Relating to reimbursement of certification fee for National Board for Professional Teaching Standards certification,

            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. 2545) was referred to the Committee on Finance.

            Delegate Shott, Chair of the Committee on the Judiciary, submitted the following report, which was received:

            Your Committee on the Judiciary has had under consideration:

            Com. Sub. for S. B. 6, Relating to medical professional liability,

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

            Delegate Shott, 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. 2608, Cleaning up redundant language in the statute relating to misdemeanor offenses for violation of protective orders,

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

            Delegate Shott, 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. 2606, Clarifying the potential sentence for disorderly conduct,

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

            Delegate Shott, 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. 2157, Relating to absentee ballot fraud,

            And reports back a committee substitute therefor, with a new title, as follows:

            Com. Sub. for H. B. 2157 - “A Bill to amend the Code of West Virginia, 1931, as amended, by amending and reenacting §3-9-19 relating to establishing that fraud associated with absent voters’ ballots is a felony; and establishing the penalties for fraud associated with absent voters’ ballots,”

            With the recommendation that the committee substitute do pass.

Messages from the Senate

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had refused to recede from its amendment and requested the House of Delegates to agree to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses as to

            Com. Sub. for H. B. 2002, Predicating actions for damages upon principles of comparative fault.

            The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:

            Senators Trump, Carmichael and Palumbo.

            On motion of Delegate Cowles, the House of Delegates agreed to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses.

            Whereupon,

             The Speaker appointed as conferees on the part of the House of Delegates the following:

             Delegates Shott, McCuskey and Lynch.

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

             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:

             H. B. 2138, Adding aircraft operations on private airstrips and farms to the definition of recreational purpose.

             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. 2227, Relating to the National Coal Heritage Area Authority.

             A message from the Senate, by

             The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of 

             Com. Sub. for S. B. 60 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-6-25, relating to food handler examinations and cards; requiring food handler card within thirty days of being hired; and establishing that cards are valid for three years and in all counties”; which was referred to the Committee on Health and Human Resources then Government Organization.

             A message from the Senate, by

             The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of        

 

            S. B. 238 - “A Bill to amend and reenact §18-5-19 and §18-5-19d of the Code of West Virginia, 1931, as amended, all relating to providing that county boards of education are not liable for loss or injury from the use of school property made available for unorganized recreation”; which was referred to the Committee on the Judiciary.

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 242 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-5-19b, relating to creating new offense of disseminating false, misleading or deceptive information during a declared state of emergency or state of preparedness; establishing elements of the offense; providing each call constitutes a separate offense; and establishing penalties”; which was referred to the Committee on the Judiciary.

Resolutions Introduced

            Delegate Eldridge offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            H. C. R. 54 - “Requesting the bridge at the intersection of County Route 18, known as North Fork Road, and County Route 18/2, known as Ellis Fork Road, in Boone County, West Virginia, (latitude, longitude: 38.00947, -81.95537) be named the ‘Hill Brothers Memorial Bridge’.”

            Whereas, Julian, Earl and Edward Hill were brothers, three of ten children born to Edward W. Hill and Annie L. Stollings Hill who farmed for a living in Boone County; and

            Whereas, Julian Alba Hill was born on August 4, 1920, at North Fork of Big Creek, Boone County and worked at many different jobs until being drafted into the United States Army. Before joining the Army, Julian Hill married Audrey Chapman and they had two children. When he was sent to Fort Worth, Texas, for basic training, Audrey rode the train from Charleston to Texas taking along their two small children so they could be together prior to his departure overseas during World War II. After basic training, Julian Hill was sent to Germany where he refueled airplanes and later was sent into combat with General Patton where he refueled tanks and other vehicles. He often spoke of the obstacles placed by Hitler to keep the United States Armed Forces from pushing their way through Germany toward Berlin. He returned from Germany on the USS Argentina in January 1946 and never talked of the fighting and what he had seen, but he suffered nightmares for many years after his return. After being discharged, Julian and Audrey Hill had a third child in 1949, and he became an over-the-road long haul truck driver, sometimes being gone for two full days at a time. Julian had a truck accident which forced an early retirement from truck driving. He was placed on disability by his company, and Senator Robert C. Byrd was instrumental in seeing that he also received Social Security disability benefits. Julian and Audrey Hill divorced in 1959. Following a brief second marriage which also ended in divorce, he later married Betty Smith. Julian loved camping and gospel and country music. He and Betty spent many years camping in West Virginia, Virginia and South Carolina. Their marriage lasted for forty years until his death in December 2010 at the age of ninety after a fall in a nursing home; and

            Whereas, Earl Franklin Hill was born on April 22, 1923, at North Fork of Big Creek, Boone County and was inducted into the United States Army on January 12, 1943 and was honorably discharged on June 11, 1943 as Private First Class, Battery B, 225th AAA SL, Camp Davis, North Carolina under the Enlisted Mans importance to national security, health or interest and returned home early to care for his ill father and to farm for the nation’s needs and because two brothers were then serving in the military. He married Naomi Ruth Stone on December 23, 1941, and they had six children, one of whom, Richard, died at birth. The other children are Catherine Sue Hill, Sherry Grant Hill, Paul Wayne Hill, Earl F. Hill, II and Barbara Gail Hill. Naomi Hill passed away on November 26, 2006 and Earl Franklin Hill passed away on July 31, 2008 at the VA Hospital in Huntington; and

            Whereas, Cebert Edward Hill was born on the Ellis Fork off the North Fork of Big Creek in Boone County on October 25, 1917. He completed the eighth grade in 1933, joined the United States Army Air Corp, serving from September 8, 1942. Following his basic training in Tampa, Florida, Edward Hill attained the rank of Private First Class in the 410th Army Air Force Base Unit and served as a Radio Operator, Area 4600 Underground Placement on Catalina Island, California and a Supply Clerk on St. Nicholas Island, California and received the Good Conduct Medal. He received his honorable discharge on April 26, 1945. In addition to being a farmer for most of his life, he was also a mail carrier for four years from Banco to Danville, and worked for Grocers Wholesale Company, later named The Creasey Company, from 1954 until his retirement in 1981. He married Oma Lee Barker and they had six children, Gary A. Hill, Larry A. Hill, Judy K. Murphy, Jeanne C. Wagner, Eddy R. Hill and Lisa J. Black; and

            Whereas, It is fitting that an enduring memorial be established to commemorate these native sons who served their state and their country so ably during World War II; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the bridge at the intersection of County Route 18, known as North Fork Road, and County Route 18/2, known as Ellis Fork Road, in Boone County, West Virginia, (latitude, longitude: 38.00947, -81.95537) the “Hill Brothers 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 “Hill Brothers Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways and the families of Julian Hill, Earl Hill and Edward Hill and Cebert Edward Hill, age ninety-seven.

            Delegates Miller, Morgan, E. Nelson, Sobonya, Rohrbach, Perdue, McCuskey, Ashley, Hornbuckle, Reynolds and Hicks offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            H. C. R. 55 - “Requesting the Division of Highways to name the Section of West Virginia Route 60, from the Guyan Golf and Country Club to the Huntington City Limits in Cabell County, the ‘William C. Campbell Memorial Highway’.”

            Whereas, William Cammack Campbell was born on May 5, 1923, in Huntington, West Virginia, to Rolla and Ruth Campbell; and

            Whereas, William Cammack Campbell served in the United States Army, where he saw combat duty in World War II, rose in rank to Captain and was awarded the Bronze Star for Valor and his 100th infantry division three Battle Stars; and

            Whereas, William Cammack Campbell graduated from Princeton University in 1947 with a degree in history; and

            Whereas, William Cammack Campbell was an accomplished amateur golfer and two-time President of the United States Golf Association (USGA); and

            Whereas, William Cammack Campbell played in thirty-seven U.S. Amateurs, including thirty-three consecutively from 1941-1977, and won the event in 1964; and

            Whereas, William Cammack Campbell played on eight Walker Cup teams from 1951 to 1975, captaining the 1955 team, and finished with an overall record of 11-4-2 and 7-0-1 in single matches; and

            Whereas, William Cammack Campbell won three West Virginia Opens, four North and South Amateurs, and fifteen West Virginia Amateur titles; and

            Whereas, William Cammack Campbell won the U.S. Senior Amateur in 1979 and 1980 and finished 2nd overall in the 1980 U.S. Senior Open; and

            Whereas, William Cammack Campbell served on the Executive Committee of the USGA from 1962-1965, and again from 1977-1984, serving as the treasurer in 1978-1979, the vice-president in 1980-1981, and as the president from 1982-1983; and

            Whereas, William Cammack Campbell was awarded the Bob Jones Award in 1956, the USGA’s highest honor; the Old Tom Morris Award from the Golf Course Superintendents Association of American (GCSAA) in 1991, the GCSAA’s highest honor; and was inducted into the West Virginia Golf Hall of Fame in 2009; and

            Whereas, William Cammack Campbell served as a member of the West Virginia House of Delegates from 1948-1951; and

            Whereas, William Cammack Campbell was a lifetime owner and manager of Campbell Insurance of Huntington, WV; and

            Whereas, William Cammack Campbell was an active member of the community and contributed to many organization and causes, including: Serving as President for the Marshall University Foundation, the Huntington YMCA, the Greater Huntington Chamber of Commerce and the Central Ohio Industrial Council; serving as the director of the Cabell County American Red Cross; serving as the vice president of the Ohio Valley Improvement Association; and serving as a board member of Our Jobs, Our Children, Our Future, Inc.; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name that portion of West Virginia Route 60, from the Guyan Golf and Country Club to the Huntington City Limits in Cabell County, the “William C. Campbell Memorial Highway”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the designated highway containing bold and prominent letters proclaiming that portion of West Virginia Route 60, from the Guyan Golf and Country Club to the Huntington City Limits in Cabell County, the “William C. Campbell Memorial Highway”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways and to the family of William Cammack Campbell.

            Delegates Sobonya, Speaker Armstead, Ambler, Anderson, Arvon, Ashley, Azinger, Bates, Blair, Boggs, Border, Butler, Byrd, Campbell, Canterbury, Caputo, Cooper, Cowles, Deem, Duke, Eldridge, Ellington, A. Evans, D. Evans, Faircloth, Fast, Ferro, Fleischauer, Folk, Foster, Frich, Gearheart, Guthrie, Hamilton, Hamrick, Hanshaw, Hartman, Hicks, Hill, Hornbuckle, Householder, Howell, Ihle, Ireland, Kelly, Kessinger, Kurcaba, Lane, Lynch, Manchin, Marcum, McCuskey, Miley, Miller, Moffatt, Moore, Morgan, Moye, E. Nelson, J. Nelson, O’Neal, Pasdon, Perdue, Pethtel, L. Phillips, Pushkin, Reynolds, Rodighiero, Rohrbach, Romine, Rowan, Rowe, Shott, Skinner, P. Smith, R. Smith, Sobonya, Sponaugle, Stansbury, Statler, Storch, Trecost, Upson, Walters, Waxman, Weld, Westfall, B. White, H. White and Zatezalo offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            H. C. R. 56 - “Encouraging all West Virginians to observe Red Shirt Fridays, as a reminder

to all of the courage, honor and sacrifice of our Soldiers, Sailors, Airmen and Marines and the families who hold them dear.”

            Whereas, Red Shirt Fridays is a campaign encouraging Americans to wear red each Friday and was organized as a show of support for our troops and to acknowledge that the burdens, dangers and sacrifices of fulfilling America’s military obligations around the world have fallen to an extremely small percentage of Americans and their families; and

            Whereas, Many Americans have served multiple tours of duty in harm’s way, at great cost to themselves and to their families; and too often, in the hectic swirl and frantic pace of modern life, many Americans have overlooked and under-appreciated the service and sacrifice of those who fight our battles around the world; and

            Whereas, The origin of Red Shirt Fridays was initiated sometime in 2005 in the United States and has spread to Canada as well; and it is hoped that the color red symbolizing the blood shed by American Soldiers, Sailors, Airmen and Marines in battle reminds all Americans of their courage and sacrifices; and

            Whereas, It is altogether fitting and proper that Americans should be reminded on a regular basis that thousands of American military personnel, and their families, endure, and have endured, great hardship on behalf of our Country and their fellow citizens; and

            Whereas, “Red Shirt Fridays” on which Americans are urged to wear red shirts, vests and jackets as a reminder to themselves and all who see them of the American military forces currently serving in harm’s way around the world, and of the families who also serve and sacrifice, awaiting the return of their service men and women to them, has been urged as a weekly day of remembrance by groups and individuals throughout the nation; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature encourages all West Virginians to observe Red Shirt Fridays, as a reminder to all of the courage, honor and sacrifice of our Soldiers, Sailors, Airmen and Marines and the families who hold them dear.

            Delegates Lynch and Hamilton offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            H. C. R. 57 - “Requesting the Division of Highways to name a section of State Route 20 near Cleveland, West Virginia, running through Webster County, from mile marker 45 to mile marker 47, ‘U. S. Army PFC Lowell Roger Groves Memorial Road’.”

            Whereas, PFC Lowell Roger Groves was born on June 14, 1950, in Cleveland, West Virginia to Fred and Virginia Groves. He married Rita Jones Groves and had a son, Charles David Groves. PFC Groves, his wife, and son lived in Athens, Ohio; and

            Whereas, PFC Lowell Roger Groves enlisted in the United States Army on August 28, 1968, and was a member of the B Company, 2nd Battalion, 22nd Infantry, and 25th Infantry Division. He began his tour in Vietnam on January 30, 1969. On March 6, 1969, after only 36 days, PFC Groves was killed in action in the Tay Ninh Province, South Vietnam; and

            Whereas, PFC Lowell Roger Groves was awarded the Purple Heart, the Vietnam Service Medal, the Vietnam Campaign Medal and the National Defense Service Medal; and

            Whereas, It is fitting that an enduring memorial be established to commemorate his service and ultimate sacrifice to his country; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name a section of State Route 20 in Upshur County the “U.S. Army PFC Lowell Roger Groves Memorial Road”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to create signs at both ends of the highway proclaiming this roadway to be the “U.S. Army PFC Lowell Roger Groves Memorial Road”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways and to siblings Rodney Groves, Glenna Cesare, Patricia Cottrell and Jeannie Cottrell.

            Delegates Rowan and Cowles offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            H. C. R. 58 - “Requesting the Division of Highways to name the bridge on County Route 4/1, Gibbons Run Road, over North River in Hampshire County, bridge number 14-4/1-2.29, (14A011), latitude 39.33852, longitude -78.50974, as the ‘U.S. Army PV2 William Frederick Kump Memorial Bridge’.”

            Whereas, William Frederick Kump was born November 16, 1847, and raised in North River Mills, the son of the local blacksmith, Frederick Kump. His father had bought the log house located on land once owned by Rees Pritchard, a Revolutionary War veteran, that same year; and

            Whereas, As the Civil War was approaching, young William Frederick Kump grew up in a community with strong southern sentiments. During the Civil War Hampshire County raised thirteen Confederate companies and one unit for the Union; and

            Whereas, Much against his family’s wishes and the sentiments of the local community, William Frederick Kump decided to fight for the Union. Tradition says that as he left home and walked up the road his father desperately tried to persuade his son to reconsider. He failed to dissuade the young man; and

            Whereas, William Frederick Kump enlisted at Paw Paw on February 23, 1864, lying about his age. William Frederick Kump never returned home. Nor did he ever have a chance to see his hopes for a Union victory come to pass. He was killed at the Battle of Halltown on August 24, 1864, five months and one day after he enlisted. His grave site is unknown; and

            Whereas, William Frederick Kump and his family represent the terrible cost of war that Hampshire county suffered as families were split apart, some never to be reunited. Only recently did some of William Frederick Kump’s descendants learn that there had been another son born to their ancestor’s marriage. It is fitting that one of Hampshire County’s oldest communities memorializes this noble young soldier who followed his heart and that we remember the terrible cost of war that the community suffered; and

            Whereas, It is fitting that in the county with the first monument raised to the Confederate dead, at Indian Mound cemetery in Romney, there should be a memorial to those few who chose a different path by naming the bridge on County Route 4/1, Gibbons Run Road, over North River in Hampshire County, bridge number 14-4/1-2.29, (14A011), latitude 39.33852, longitude -78.50974, as the “U.S. Army PV2 William Frederick Kump Memorial Bridge”; therefore, be it

            Resolved by the West Virginia Legislature:

            That the Legislature hereby requests the Division of Highways to name the bridge on County Route 4/1, Gibbons Run Road, over North River in Hampshire County, bridge number 14-4/1-2.29, (14A011), latitude 39.33852, longitude -78.50974, as the “U.S. Army PV2 William Frederick Kump 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 PV2 William Frederick Kump Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation and to Charles C. Hall, Director of Historic Hampshire County, West Virginia.

            Delegates Hicks, Perdue and Marcum offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            H. C. R. 59 - “Requesting the Division of Highways to name bridge number 50-52-37.47 (50A049), (38.006184, -82.506839), locally known as the Lost Creek Beam Span, carrying WV Route 52 over Lost Creek in Wayne County, the ‘U.S. Army PFC Ernest D. Marcum Bridge’.”

            Whereas, Ernest D. “Doby” Marcum was born in Crum, WV, on September 12, 1947, the son of Oscar and Gladys Perry Marcum; and

            Whereas, Ernest D. “Doby” Marcum entered service to his country with the United States Army during the Vietnam Conflict in 1967; and

            Whereas, Ernest D. “Doby” Marcum served as an Armor Intelligence Specialist with the 9th Infantry Division, attaining the rank of Private First Class; and

            Whereas, PFC Ernest D. Marcum paid the ultimate price on December 31, 1967, when he was killed by shrapnel from a grenade and he was posthumously awarded the Purple Heart therefor; and

            Whereas, It is fitting that an enduring memorial be established to commemorate his service to his community and country; therefore, be it

            Resolved by the West Virginia Legislature:

            That the Division of Highways is hereby requested to name bridge number 50-52-37.47 (50A049), (38.006184, -82.506839), locally known as the Lost Creek Beam Span, carrying WV Route 52 over Lost Creek in Wayne County, the “U.S. Army PFC Ernest D. Marcum Bridge”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “U.S. Army PFC Ernest D. Marcum Bridge”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways and to the Wayne County Veterans’ Association.

            Delegates Perdue, Hicks and Reynolds offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            H. C. R. 60 - “Requesting the Division of Highways to name the bridge on State Route 52 in Wayne County, bridge number 50-52-54.27 (50A115), locally known as the Marrowbone Creek Bridge, as the ‘U.S. Army SFC Jesse Muncy Memorial Bridge’.”

            Whereas, Sergeant First Class Muncy was born in Mingo County on September 15, 1921, the son of Jeff and Sally (Sallie) Muncy. Growing up in Kermit with his sisters Lucy (later Marcum), Dicie (Hodge), and Mary (Waller) and his brother Birdie, he attended local schools through the elementary grades; and

            Whereas, Following his July 17, 1941, enlistment Sergeant First Class Muncy married Loda Lowe, with whom he had three children, Clyde, Sally (“Dot”) and Peggy Carol; and

            Whereas, Serving with the Company G, 13th Infantry Regiment, 8th Infantry, Sergeant First Class Muncy received a Silver Star for gallantry in action on April 9, 1945, when in the vicinity of Olpe, Germany, his company encountered two German tanks during an attack, and Sergeant First Class Muncy, along with four other men, knocked out the tanks; and

            Whereas, On October 15, 1945, Sergeant First Class Muncy received that Silver Star, the citation reads, “By direction of the President, under the provisions of AR 600-45, 22 September 1943, as amended, the Silver Star is awarded to: Staff Sergeant Jesse Muncy, 35210666, Infantry, Company G, 13th Infantry Regiment, for gallantry in action on 9 April 1945 in the vicinity of Olpe, Germany. When his company encountered two German tanks during an attack, Sergeant Muncy, with four other men, proceeded into enemy lines in an attempt to knock out the tanks. Under direct enemy small arms, machine gun and tank fire, Sergeant Muncy, after directing his men to give him covering fire, maneuvered to within fifty yards of an enemy tank and, firing three rounds from his bazooka, knocked out the tank, captured seven enemy soldiers and wounded five others. Moving alone to another position, Sergeant Muncy placed fire upon a German convoy, capturing 23 enemy soldiers. Sergeant Muncy’s outstanding courage and devotion to duty were in keeping with the highest traditions of the military service. Entered the military service from West Virginia”; and

            Whereas, Sergeant First Class Muncy also received the Good Conduct Medal, the American Defense Service Medal, and the European-African-Middle Eastern Theater Service Medal, as well as a Bronze Star for heroic and meritorious service; and

            Whereas, After his honorable discharge on October 18, 1945, Sergeant First Class Muncy returned to southern West Virginia and the coal mines and settled into a seemingly normal life. But life in the mines had its ups and downs, and when fighting erupted in Korea, Sergeant First Class Muncy willingly reenlisted. As a decorated war soldier and experienced infantryman, he became a participant in what is now known as “Bloody Ridge” in North Korea during August and September 1951; and

            Whereas, Sergeant First Class Muncy was involved in fierce fighting – undoubtedly as harrowing as anything he had seen in World War II – had been going on for months, as reported in the following account: “After securing Hill 773 on the last day of August, the 9th Infantry struck anew at the two remaining peaks on ‘Bloody Ridge’, ‘Hills 983 and 900’. The hilly terrain made any forward movement difficult, so say the least, and the intense fighting had scorched the earth. But the 9th Infantry persevered: Dirty, unshaven, and miserable they backed down, tried again, circled, climbed, slid, suffered, ran, rolled, crouched and grabbed upward only to meet again the murderous fire, the blast of mortar and whine of bullets and jagged fragments. Minutes seemed like hours, hours like days, and days like one long, terrible, dusty, blood-swirled nightmare shivering at night, sweat clogged at day”; and

            Whereas, It was in this hard-fought battle that Sergeant First Class Muncy lost his life on September 1, 1951. Sergeant First Class Muncy received a second Silver Star for his service in Korea, as well as the Purple Heart. His remains were interred in a family cemetery near Kermit on December 18, 1951. His funeral notice in the Williamson Daily News, December 17, 1951, described him as a “professional soldier”; and

            Whereas, On August 10, 1951, less than a month before his death Sergeant First Class Muncy wrote a letter to his wife and children reiterating his love for them but inserting his uneasy concern for what his unit was about to face: “I will drop you a few lines tonight to let you know I am well and I miss you and the babies a lot. Honey, I am moving up tonight and we are all pretty quiet. Nobody has got anything to say, but you can tell [what] they’re thinking. Some of them are worried some, and I am for one, but they don’t know it, and honey I am thinking of you and the babies and if I will get to see you anymore... Well, honey, if this should be the last letter, take good care of the babies and keep them together and tell them that I love them.... ‘So tell all the family hello and answer real soon, and tell Mom hello for me. So I will close with all my love... P.S. Take good care of my pup. Love, Dad’”; and

            Whereas, Sergeant First Class Muncy’s widow Loda Muncy never remarried, preferring to raise her “babies” in the home where they planned to spend the rest of their lives. In a 2013 interview, Sally (“Dot”) explained that she and Peggy Carol worked for many years at an Ohio packing plant, and Peggy still lives in that state, while Dot has returned in her retirement to the old home place on Jennie’s Creek in Wayne County. Clyde, not yet retired, still works at a machine shop in Kenova. The family is determined that the legacy of Sergeant First Class Muncy and Loda Muncy not be forgotten, and they recall with pride that anyone who claims to have met Sergeant First Class Muncy during his years in the service has offered thanks for his selfless sacrifice; and

            Whereas, It is fitting that an enduring memorial be established to commemorate U.S. Army Sergeant First Class Muncy, a native son who gave the ultimate sacrifice for his state and his country, by naming the bridge on State Route 52 in Wayne County, bridge number 50-52-54.27 (50A115), locally known as the Marrowbone Creek Bridge, as the “U.S. Army SFC Jesse Muncy Memorial Bridge”; therefore, be it

            Resolved by the West Virginia Legislature:

            That the Legislature hereby requests the Division of Highways to name the bridge on State Route 52 in Wayne County, bridge number 50-52-54.27 (50A115), locally known as the Marrowbone Creek Bridge, as the “U.S. Army SFC Jesse Muncy 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 SFC Jesse Muncy Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation and to the family members of U.S. Army Sergeant First Class Jesse Muncy.

Bills Introduced

            On motions for leave, bills were introduced, read by their titles, and severally referred as follows:

By Delegates McCuskey, Ashley, E. Nelson, Rohrbach and Westfall:

            H. B. 2701 - “A Bill to amend and reenact §17A-6A-1, §17A-6A-3, §17A-6A-4, §17A-6A-5, §17A-6A-6, §17A-6A-7, §17A-6A-8, §17A-6A-8a, §17A-6A-9, §17A-6A-10, §17A-6A-11, §17A-6A-12, §17A-6A-13, §17A-6A-15, §17A-6A-16, §17A-6A-17 and §17A-6A-18 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto six new sections, designated §17A-6A-12a, §17A-6A-12b, §17A-6A-14a, §17A-6A-19, §17A-6A-20 and §17A-6A-21, all relating to motor vehicle dealers, distributors, wholesalers and manufacturers”; to the Committee on Roads and Transportation then the Judiciary.

By Delegates Pasdon, Perry, Moye, Hamrick, Campbell, Statler, Rowan and Espinosa:

            H. B. 2702 - “A Bill to amend and reenact §18-5-18 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18A-4-8 and §18A-4-8b of said code, all relating to redefining service personnel class titles of early childhood classroom assistant teacher; protecting certain aides from reduction in force or transfer to create vacancy for less senior early childhood classroom assistant teacher; requiring aide who becomes employed as early childhood classroom assistant teacher to hold certain multiclassification status; and including early childhood assistant classroom assistant teacher in same classification category as aides”; to the Committee on Education.

            By Delegates Hamilton, Moore, A. Evans and Canterbury

            [By Request of the Division of Corrections]:

            H. B. 2703 - “A Bill to amend and reenact §62-12-13 of the Code of West Virginia, 1931, as amended, relating to permitting in absentia parole hearings in certain instances”; to the Committee on the Judiciary.

By Delegate Morgan:

            H. B. 2704 - “A Bill to amend and reenact §11-15-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §11-15A-2 of said code, all relating to increasing sales and use taxes by one percent”; to the Committee on Finance.

By Delegates L. Phillips, Eldridge, Longstreth, Ferro, Trecost, Hornbuckle, Guthrie, Perdue, Campbell and P. Smith:

            H. B. 2705 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-5-4b, relating to providing a pay increase for certain employees of the Department of Health and Human Resources”; to the Committee on Government Organization then Finance.

By Delegates L. Phillips, Guthrie, P. Smith, Perdue, Eldridge, Moore, Ferro, Trecost, Pethtel, Miley and Moye:

            H. B. 2706 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-5-4b, relating to providing a pay increase for certain employees of the Division of Highways”; to the Committee on Government Organization then Finance.

By Delegates Eldridge, Marcum, Hicks, Rodighiero, Perdue and Campbell:

            H. B. 2707 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §36-3-8a, relating to permitting surface owners on whose properties natural gas producing wells are drilled and surface owners on whose property natural gas pipelines cross to purchase gas at market rates”; to the Committee on Energy and then the Judiciary.

By Delegates Skinner, Fleischauer, Reynolds, Sponaugle, Guthrie, Folk, Pushkin and McCuskey:

            H. B. 2708 - “A Bill to amend and reenact §30-21-7, §30-21-7b and §30-21-7d of the Code of West Virginia, 1931, as amended; to amend and reenact §30-30-8, §30-30-10, §30-30-12 and §30-30-14 of said code; and to amend and reenact §30-31-8 and §30-31-9 of said code, all relating to professions and occupations; requiring various professionals who provide mental health-related services, including psychologists, licensed school psychologists, marriage and family therapists, professional clinical counselors and clinical social workers who begin graduate study on or after January 1, 2016 to complete a minimum number of fifteen contact hours of course work in suicide assessment, treatment and management before that person may be issued a license; and requiring a person licensed in these professions or an applicant for licensure who begins graduated study prior to January 1, 2016, to take a six hour continuing education course in suicide assessment, treatment and management in order to renew that person’s license”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Sponaugle, H. White, Marcum, Campbell, R. Phillips, Hartman, Walters, Fluharty, Miley, Boggs and Byrd:

            H. B. 2709 - “A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to personal income tax; exempting a percentage of social security benefits from personal income tax based on individual’s overall amount of taxable income”; to the Committee on Senior Citizen Issues then Finance.

By Delegate Skinner:

            H. B. 2710 - “A Bill to amend and reenact §24-2-2 of the Code of West Virginia, 1931, as amended, relating to requiring the commission to establish rates which ensure that the future customers to be served by the new project are solely responsible only for the debt costs associated for that specific project”; to the Committee on the Judiciary.

By Delegates Marcum, H. White, R. Phillips, Rodighiero, Eldridge and Campbell:

            H. B. 2711 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-22-9b, relating to the state lottery; providing for a scratch-off game to fund a drug treatment facility on post-mine land in Mingo and Logan Counties; creating a special fund within the State Treasury; authorizing the Legislature to appropriate the special lottery funds to construct and operate the drug treatment facility on post-mine land in Mingo and Logan Counties; requiring the lottery commission to change the design or theme of game on a regular basis; requiring the health care authority to conduct a survey to determine need for beds at the prospective drug treatment facility in Mingo and Logan Counties; and requiring the authority to report its findings to the joint committee on government and finance”; to the Committee on the Judiciary then Finance.

By Delegates Skinner, Reynolds, Pushkin, Sponaugle, Guthrie and Householder:

            H. B. 2712 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-5G-1, §21-5G-2, §21-5G-3 and §21-5G-4, all relating to employment and privacy protection; prohibiting an employer from requesting or requiring that an employee or applicant disclose any user name, password, or other means for accessing a personal account or service through certain electronic communications devices; prohibiting an employer from taking or threatening to take, certain disciplinary actions for an employee’s refusal to disclose certain password and related information; prohibiting an employer from failing or refusing to hire an applicant as a result of the applicant’s refusal to disclose certain password and related information; prohibiting an employee from downloading certain unauthorized information or data to certain Web sites or Web-based accounts; providing that an employer is not prevented from conducting certain investigations for certain purposes, including gathering information needed for compliance with mandatory state or federal regulations; and duties not created under this article”; to the Committee on the Judiciary.

By Delegates Byrd, McCuskey, Stansbury, H. White, H., Guthrie, Pushkin, Rowe, Reynolds, Fleischauer, Lynch and Fluharty:

            H. B. 2713 -- “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12j, relating to providing taxpayers repaying their own student loans a modification reducing federal adjusted gross in the amount of the interest paid, for personal income tax purposes”; to the Committee on Education then Finance.

By Delegates A. Evans, Eldridge, Hamilton, L. Phillips, Guthrie and Romine

            [By Request of the Department of Agriculture]:

            H. B. 2714 - “A Bill to amend and reenact §19-12A-6a of the Code of West Virginia, 1931, as amended, relating to altering the method of determining when the Department of Agriculture must deposit into the General Revenue Fund funds it collects that would otherwise be deposited into the Land Division Special Revenue Account”; to the Committee on Agriculture and Natural Resources then Finance.

By Delegates Sobonya, Frich, Miller, Householder, Butler, Ihle and Kurcaba:

            H. B. 2715 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-8a, relating to making it illegal to transport a minor across state lines to obtain an abortion without written consent of both parents or legal guardians; and providing a penalty”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Nelson, J., Longstreth, Ferro, Hamilton, Phillips, L. and Guthrie

            [By Request of the Secretary of State]:

            H. B. 2716 - “A Bill to amend and reenact §29-19-5 of the Code of West Virginia, 1931, as amended; relating to charitable organizations”; to the Committee on Finance.

By Delegates Marcum, Pasdon, Perry, H. White, R. Phillips, Williams, Eldridge, Rodighiero, Reynolds, Campbell and Moye:

            H. B. 2717 - “A Bill to amend and reenact §18A-4-7a and §18A-4-8b of the Code of West Virginia, 1931, as amended, all relating to hiring of public school employees; providing for hiring decisions to be made in public meetings of a county board of education; requiring detailed reports listing the specific qualifications, seniority and rationale for consideration of each employee candidate; requiring that every board member receive the report prior to the meeting of the county board of education; and providing for consideration of personal information during an executive session of the meeting of the board”; to the Committee on Education.

By Delegates Gearheart, Butler, Hamrick, Ihle, Householder, Westfall, Miller, Border, Cooper, Hanshaw and Ellington:

            H. B. 2718 - “A Bill to amend and reenact §17-3-1 of the Code of West Virginia, 1931, as amended; and to amend and reenact §29-22A-10 and §29-22A-10d of said code, all relating to the Racetrack Modernization Fund; transferring funds remaining in the Racetrack Modernization Fund to the State Road Fund; and closing the Racetrack Modernization Fund”; to the Committee on Finance.

            By Delegates Skinner, Campbell, Reynolds, Overington and Fluharty:

            H. B. 2719 - “A Bill to amend and reenact §61-8-19a of the Code of West Virginia, 1931, as amended, relating to increasing the criminal penalties for participating in an animal fighting venture”; to the Committee on the Judiciary.

Daily Calendar

Unfinished Business

            H. R. 9, Authorizing the Committee on Rules to arrange a Special Calendar and providing for making public the vote on certain questions in connection with the preparation thereof; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.

 

Third ReadingCom. Sub. for S. B. 237, Creating Captive Cervid Farming Act; on third reading with amendments pending and the restricted right to amend jointly by Delegates Anderson, Boggs and Williams, was reported by the Clerk.

            An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill as follows:

            On page eight, section four, line twenty-one, following the word “the”, by striking out “biennial” and inserting in lieu thereof “annual”.

            On page eight, section four, line twenty-five, following the word “others” and the comma, by striking out “$750” and inserting in lieu thereof “$375”.

            On page eight, section four, line twenty-nine, following the word “others” and the comma, by striking out “$1500” and inserting in lieu thereof “$750”.

            And,

            On page eleven, section six, line thirteen, following the words “period of”, by striking out the word “two” and inserting in lieu thereof the word “one”.

            An amendment to the bill, offered by Delegate Williams, was reported by the Clerk.

            Whereupon,

            Delegate Williams asked and obtained unanimous consent that the amendment be withdrawn.

            An amendment to the bill, offered by Delegate Boggs, was reported by the Clerk.

            Whereupon,

            Delegate Boggs asked and obtained unanimous consent that the amendment be withdrawn.

            On motion of Delegates Anderson, Williams and Boggs, the bill was amended on page six, section three, following line twenty-three, by inserting the following:

            “(7) Regulate the movement of captive cervids and require the documentation of the origin and destination of all shipments of captive cervids; and

            (8) Prohibit captive cervid facilities in this state from receiving live captive cervids or any biproduct thereof, or captive cervid genetic materials from a captive cervid facility that has had a confirmed chronic wasting disease or tuberculosis positive cervid in the last sixty months.”

            The bill was then read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 71), and there were--yeas 88, nays 12, absent and not voting none, with the nays being as follows:

            Nays: Boggs, Caputo, Fleischauer, Fluharty, Longstreth, Manchin, Marcum, Moore, Moye, Pethtel, Rodighiero and Statler.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 237) passed.

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

            On this question, the yeas and nays were taken (Roll No. 72), and there were--yeas 100, nays none, absent and not voting none.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 237) 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.

            H. B. 2274, Authorizing the Commissioner of Corrections to enter into mutual aid agreements; 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. 73), and there were--yeas 100, nays none, absent and not voting none.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2274) passed.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

Miscellaneous Business

            Delegate Fluharty filed a form with the Clerk’s Office per House Rule 94b to be removed as a cosponsor of H. B. 2713.

            Delegate Moffatt filed a form with the Clerk’s Office per House Rule 94b to be added as a cosponsor of H. B. 2674.

            Delegate Pasdon filed a form with the Clerk’s Office per House Rule 94b to be added as a cosponsor of H. B. 2713.

            Delegates Sobonya and Miller filed a form with the Clerk’s Office per House Rule 94b to be added as a cosponsors of H. B. 2530.

            Delegates Stansbury and Weld filed forms with the Clerk’s Office to be added as cosponosrs of H. C. R. 47.

            Delegate Walters announced that he was absent on yesterday when the vote was taken on H. B. 2568, and that had he been present, he would have voted “Yea” thereon.

Remarks by Members

            Delegate McCuskey asked and obtained unanimous consent that the remarks of Delegate Rowe regarding West Virginia State University be printed in the Appendix to the Journal.

            Delegate Guthrie asked and obtained unanimous consent that the remarks of Delegates Bates and Miley regarding jobs in West Virginia be printed in the Appendix to the Journal.

            Delegate Espinosa asked and obtained unanimous consent that the remarks of Delegate Gearheart regarding jobs be printed in the Appendix to the Journal.

            Delegate Ashley asked and obtained unanimous consent that the remarks of Delegate Anderson in his closing speech regarding Com. Sub. for S. B. 237 be printed in the Appendix to the Journal.

            Delegate Caputo asked and obtained unanimous consent that the remarks of Delegate Hornbuckle regarding jobs be printed in the Appendix to the Journal.

            At 1:56 p.m., the House of Delegates adjourned until 11:00 a.m., Friday, February 13, 2015.

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