Senate Journal

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2014

TWENTY-SECOND DAY

____________

Charleston, W. Va., Wednesday, January 29, 2014

    The Senate met at 11 a.m.

(Senator Kessler, Mr. President, in the Chair.)

    Prayer was offered by Pastor Rafe Allison, St. Timothy Lutheran Church, Charleston, West Virginia.

    Pending the reading of the Journal of Tuesday, January 28, 2014,

    On motion of Senator Fitzsimmons, the Journal was approved and the further reading thereof dispensed with.

    The Senate proceeded to the second order of business and the introduction of guests.

    The Senate then proceeded to the third order of business.

    A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of

    Eng. Com. Sub. for House Bill No. 2387--A Bill to amend and reenact §5-11A-3, §5-11A-5, §5-11A-6 and §5-11A-7 of the Code of West Virginia, 1931, as amended, all relating to reasonable accommodations under the West Virginia Fair Housing Act for persons with disabilities who need assistive animals; providing for the submission of documentation of the disability related need for the assistive animal; providing for the sufficiency of the requested documentation; prohibiting a request for access to medical records or providers; providing for the denial of a request for an accommodation of an assistance animal; requiring a determination of a direct threat or substantial physical damage to be based on individualized assessment; prohibiting an unreasonable denial of accommodation; and replacing the term “handicapped” with the term “disability.

    Referred to the Committee on the Judiciary.

    A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of

    Eng. House Bill No. 4182--A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2014, to a new item of appropriation designated to the Auditor’s Office, Volunteer Fire Department Workers’ Compensation Premium Subsidy Fund, fund 1239, fiscal year 2014, organization 1200, to the Department of Education and the Arts, State Board of Rehabilitation - Division of Rehabilitation Services - West Virginia Rehabilitation Center - Special Account, fund 8664, fiscal year 2014, organization 0932, to the Department of Health and Human Resources, Division of Health, Hospital Services Revenue Account Special Fund Capital Improvement, Renovation and Operations, fund 5156, fiscal year 2014, organization 0506, to the Department of Health and Human Resources, Division of Human Services - Medical Services Trust Fund, fund 5185, fiscal year 2014, organization 0511, to the Department of Revenue, Racing Commission - General Administration, fund 7305, fiscal year 2014, organization 0707, to the Miscellaneous Boards and Commissions, WV State Board of Examiners for Licensed Practical Nurses, fund 8517, fiscal year 2014, organization 0906, to the Miscellaneous Boards and Commissions, Public Service Commission, fund 8623, fiscal year 2014, organization 0926, by supplementing and amending chapter four, Acts of the Legislature, regular session, 2013, known as the budget bill.

    Referred to the Committee on Finance.

    A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of

    Eng. Com. Sub. for House Bill No. 4217--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §9-5-22 and §9-5-23, all relating to Medicaid; requiring the Bureau of Medical Services to submit an annual report to the Legislature; requiring certain information to be included in the report; requiring website publication of certain information.

    Referred to the Committee on Health and Human Resources.

    The Senate proceeded to the fourth order of business.

    Senator Stollings, from 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

    Senate Bill No. 1, Updating controlled substances schedules.

    And reports back a committee substitute for same with the following title:

    Com. Sub. for Senate Bill No. 1 (originating in the Committee on Health and Human Resources)--A Bill to amend and reenact §60A-1-101 of the Code of West Virginia, 1931, as amended; to amend and reenact §60A-2-204, §60A-2-206, §60A-2-208, §60A-2-210 and §60A-2-212 of said code; and to amend and reenact §60A-3-308 of said code, all relating generally to controlled substances; modifying scheduled controlled substances; modifying and including definitions; updating West Virginia schedules of controlled substances; and modifying manner in which buprenorphine and naloxone may be prescribed.

    And,

    Senate Bill No. 395, Relating to operation and oversight of certain human services benefit programs.

    And reports back a committee substitute for same with the following title:

    Com. Sub. for Senate Bill No. 395 (originating in the Committee on Health and Human Resources)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-5-8b; and to amend said code by adding thereto a new section, designated §61-4-9, all relating generally to the operation and oversight of certain benefit programs; granting certain subpoena power to the Investigations and Fraud Management Division within the Department of Health and Human Resources to investigate welfare fraud; authorizing the Investigations and Fraud Management Division to request search warrants, swear to complaints and seek relevant orders from circuit court in certain situations; providing access to out-of-state documents in certain circumstances; prohibiting disclosure of persons under investigation by the Investigations and Fraud Management Division; defining terms; creating misdemeanor and felony offenses for certain unlawful use of certain benefits or benefit access devices; stating certain presumptions and calculations permissible in prosecution of these offenses; and providing an alternative to confinement for individuals convicted of the offenses associated with unlawful use of certain benefits.

    With the recommendation that the two committee substitutes do pass; but under the original double committee references first be referred to the Committee on the Judiciary.

                             Respectfully submitted,

                               Ron Stollings,

                                 Chair.

    The bills (Com. Sub. for S. B. Nos. 1 and 395), under the original double committee references, were then referred to the Committee on the Judiciary.

    Senator Miller, from the Committee on Agriculture and Rural Development, submitted the following report, which was received:

    Your Committee on Agriculture and Rural Development has had under consideration

    Senate Bill No. 147, Authorizing Commissioner of Agriculture promulgate legislative rule relating to inspection of meat and poultry.

    And has amended same.

    And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on the Judiciary.

                             Respectfully submitted,

                               Ronald F. Miller,

                                 Chair.

    The bill, under the original double committee reference, was then referred to the Committee on the Judiciary, with an amendment from the Committee on Agriculture and Rural Development pending.

    Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:

    Your Committee on the Judiciary has had under consideration

    Senate Bill No. 267, Ensuring state courts' jurisdiction of fraudulent or unauthorized purchasing card use.

    And reports back a committee substitute for same with the following title:

    Com. Sub. for Senate Bill No. 267 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §6-9-2c of the Code of West Virginia, 1931, as amended; and to amend and reenact §12-3-10b of said code, all relating to fraudulent or unauthorized use of purchasing cards; ensuring that the courts of West Virginia have jurisdiction over fraudulent or unauthorized use of purchasing cards; establishing jurisdiction; defining the conduct as a continuing offense; adjusting the penalties such that a conviction is punished the same as a larceny conviction; and allowing for restitution.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:

    Your Committee on Transportation and Infrastructure has had under consideration

    Senate Bill No. 380, Redefining "all-terrain and utility terrain vehicles".

    And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.

                             Respectfully submitted,

                               Robert D. Beach,

                                 Chair.

    The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.

    Senator Plymale, from the Committee on Education, submitted the following report, which was received:

    Your Committee on Education has had under consideration

    Com. Sub. for Senate Bill No. 381 (originating in the Committee on Health and Human Resources), Requiring CPR and Heimlich maneuver instruction in public schools.

    And reports back a committee substitute for same with the following title:

    Com. Sub. for Com. Sub. for Senate Bill No. 381 (originating in the Committee on Education)--A Bill to amend and reenact §18-2-9 of the Code of West Virginia, 1931, as amended, relating to required course of instruction in all public schools in West Virginia; and requiring instruction in cardiopulmonary resuscitation and the Heimlich maneuver.

    With the recommendation that the committee substitute for committee substitute do pass.

                             Respectfully submitted,

                               Robert H. Plymale,

                                 Chair.

    Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:

    Your Committee on the Judiciary has had under consideration

    Senate Bill No. 405, Requiring presiding judge's permission to release juror qualification forms after trial's conclusion.

    And reports back a committee substitute for same with the following title:

    Com. Sub. for Senate Bill No. 405 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §52-1-5a and §52-1-9 of the Code of West Virginia, 1931, as amended, all relating to availability of jury qualification forms; limiting availability after conclusion of trial; and removing a conflict with another section of the code.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    Senator Plymale, from the Committee on Education, submitted the following report, which was received:

    Your Committee on Education has had under consideration

    Senate Bill No. 420, Relating to data sharing in P-20W Longitudinal Data System.

    And reports back a committee substitute for same with the following title:

    Com. Sub. for Senate Bill No. 420 (originating in the Committee on Education)--A Bill to amend and reenact §18B-1D-10 of the Code of West Virginia, 1931, as amended, relating to adding the Bureau for Children and Families, WorkForce West Virginia and the West Virginia Supreme Court of Appeals to the existing entities that are to enter into a state data-sharing compact; adding child care and workforce data to the data that is to be included in the P-20W Longitudinal Data System; revising legislative findings; adding definitions; creating a governing board of the P-20W Longitudinal Data System; setting forth membership of the board; setting forth authority and duties of the board; adding requirements for the Bureau for Children and Families, the State Board of Education, the Higher Education Policy Commission, the Council for Community and Technical College Education and WorkForce West Virginia; requiring the data warehouse to be housed within the West Virginia Network for Educational Telecomputing; and adding components to the state data-sharing compact.

    With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.

                             Respectfully submitted,

                               Robert H. Plymale,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 420), under the original double committee reference, was then referred to the Committee on Finance.

    Senator Plymale, from the Committee on Education, submitted the following report, which was received:

    Your Committee on Education has had under consideration

    Senate Bill No. 432, Relating to calculating local share.

    And reports back a committee substitute for same with the following title:

    Com. Sub. for Senate Bill No. 432 (originating in the Committee on Education)--A Bill to amend and reenact §11-1C-5b of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-9A-2, §18-9A-2a and §18-9A-11 of said code, all relating to calculating local share; changing the deadline for Tax Commissioner to report the total assessed values to the State Board of Education; delaying use of assessment ratio study for calculating local share until the second consecutive year, and consecutive years thereafter, that assessments are below sixty percent of market value including the ten-percent variance; creating assumption that all property in a county is assessed at sixty percent for the purpose of determining whether to use the sales ratio analysis in the calculation of local share when a valid sales ratio analysis cannot be obtained due to a lack of arm’s-length sales of property in a county; allowing Tax Commissioner to waive the use of the sales ratio analysis for calculating local share upon a showing by the assessor of that county that the preliminary sales ratio for the next succeeding year would meet the minimum ratio; delaying the increase in the percent of local levy rate for county boards of education used for calculating local share until the second consecutive year, and consecutive years thereafter, that assessments are below sixty percent of market value including the ten-percent variance; clarifying language pertaining to the amount that assumed assessed values is to be added to for the purpose of calculating local share; and requiring the state to use the most recent projections or estimations that may be available from the Tax Department for any estimation or preliminary computations of local share required prior to the report to the state board by the Tax Commissioner.

    With the recommendation that the committee substitute do pass;

but under the original double committee reference first be referred to the Committee on Finance.

                             Respectfully submitted,

                               Robert H. Plymale,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 432), under the original double committee reference, was then referred to the Committee on Finance.

    Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:

    Your Committee on the Judiciary has had under consideration

    Senate Bill No. 435, Correcting code reference relating to handgun safety training for certain court personnel.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:

    Your Committee on Transportation and Infrastructure has had under consideration

    Senate Concurrent Resolution No. 1, Requesting DOH name Becky's Creek Bridge, Randolph County, "Army Sgt. Cecil W. Kittle, Jr., Memorial Bridge".

    And reports back a committee substitute for same as follows:

    Com. Sub. for Senate Concurrent Resolution No. 1 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways name bridge number 42-43-0.16, the Becky’s Creek Bridge on Route 43 crossing over the Tygart Valley River in Huttonsville, Randolph County, the "U. S. Army Sgt. Cecil W. Kittle, Jr., Memorial Bridge".

    Whereas, Sergeant Kittle was born on March 15, 1940, in Randolph County to Cecil Wilbert Kittle, Sr., and Omega Virginia Armentrout Kittle. He had a brother, Master Sergeant Floyd A. Kittle, and two sisters, Carolyn Darlene Kittle and Eva Fae Knight; and

    Whereas, In July, 1962, Sergeant Kittle married Betty Irene Wilt Kittle. They had two children, Richard Nicholas Kittle and Randall Lee Kittle; and

    Whereas, Sergeant Kittle was a career soldier who first entered the Army in July, 1958, after attending Tygarts Valley High School. He served several tours of duty in Europe with the Seventh Army and, in 1961, was involved with activities surrounding the Berlin Wall Crisis while serving with the 51st Infantry in Germany; and

    Whereas, In 1965 Sergeant Kittle arrived in Vietnam where he served as a helicopter gunner and a paratrooper in Company C, Second Battalion, Seventh Calvary, and First Air Calvary Division (Airmobile). This unit was involved in the heaviest fighting at the Battle of Ia Drang Valley and Chu Pong Mountain, the first major battle in the Vietnam War; and

    Whereas, American leaders had decided to use newly developed airmobile tactics by flying in American troops by helicopter and Lieutenant General Hal Moore's First Battalion of the Seventh Cavalry was given this assignment in the Battle of Ia Drang Valley; and

    Whereas, The Battle at Ia Drang Valley began on November 14, 1965, and Sergeant Kittle was part of the military's operation to bring troops into Ia Drang Valley to locate the North Vietnamese Army. Lieutenant General Moore had sixteen helicopters to bring in troops which took four hours to get all of his men on the ground. Heavy fire began immediately and the first American soldiers who were dropped off into a small clearing in the Ia Drang Val1ey, known as Landing Zone X-Ray, were immediately surrounded and attacked by two thousand North Vietnamese soldiers. Dozens of men died within this first wave of attacks during the battle, which continued for three more days; and

    Whereas, On November 17, 1965, American military operations were moved to Landing Zone Albany, where U. S. troops were again attacked by the North Vietnamese Army. This second wave of attacks was considered the deadliest ambush of a U. S. unit during the entire course of the Vietnam War. During the night North Vietnamese soldiers walked through the woods executing all wounded American soldiers; and

    Whereas, Air strikes and artillery eventually allowed U. S. troops to secure the area and rescue the survivors. More than three hundred of the four hundred fifty U. S. soldiers were killed in the Battle of Ia Drang Val1ey; and

    Whereas, Sergeant Kittle was killed as a result of hostile action while on a search-and-destroy mission during the Battle of Ia Drang Valley. He died during the second wave of North Vietnamese attacks on November 17, 1965, at the age of twenty-five. A month later, December 24, 1965, his second son, Randall Lee Kittle, was born; and

    Whereas, Sergeant Kittle was one of nine West Virginia soldiers who died at the Battle of Ia Drang Val1ey. Being a native of Huttonsville, he was also the first Randolph County soldier to be killed in the Vietnam War. He is buried at the Old Brick Cemetery in Huttonsville along with his parents and other family members; and

    Whereas, The Battle at Ia Drang Valley set the tone for the remainder of the Vietnam War as American forces continued to rely on air mobility and heavy fire support; and

    Whereas, Sergeant Kittle was awarded the Purple Heart, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal, the National Defense Medal, the Army Good Conduct Medal, the Seventh Cavalry Garry Owen Patch and the Combat Infantry Badge; and

    Whereas, Sergeant Kittle’s name is listed on the Vietnam Memorial Wall in Washington, D. C., Panel 3E, Row 82; and

    Whereas, The battle in which Sergeant Kittle died was documented in the 1965 CBS Special Report "Battle of Ia Drang Valley" and in the book "We Were Soldiers Once . . . and Young" by Lieutenant General Hal Moore and reporter Joseph Galloway, who was also at the battle. That book also served as the basis of the 2002 movie "We Were Soldiers" starring Mel Gibson; and

    Whereas, Two local articles also chronicled the book and movie's significance to West Virginia and the people of Randolph County. The headlines read: "Current Vietnam Film has Personal Meaning for Area Residents" in the March 9, 2002, issue of The Elkins Inter-Mountain newspaper and "We Were Solders: West Virginia Veterans Remember Battle at Ia Drang Valley" in the March 7, 2002, issue of the Charleston Gazette newspaper. They are archived at the Culture Center in Charleston and in the Wise Library in Morgantown. Sergeant Kittle’s November 22, 1965, obituary is also archived at The Elkins Inter-Mountain newspaper library (Vol. LIX No. 45); and

    Whereas, It is fitting to honor Sergeant Cecil W. Kittle, Jr., for his commitment, dedication and service to his country and to his state, having given the ultimate sacrifice; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to name bridge number 42-43-0.16, the Becky’s Creek Bridge on Route 43 crossing over the Tygart Valley River in Huttonsville, Randolph County, the "U. S. Army Sgt. Cecil W. Kittle, Jr., Memorial Bridge”; and, be it

    Further Resolved, That 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 “U. S. Army Sgt. Cecil W. Kittle, 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 Secretary of the Department of Transportation and to Sergeant Kittle's son, Randall Lee Kittle.

    Senate Concurrent Resolution No. 2, Requesting DOH name bridge in Harrison County "Kevin S. Rux Memorial Bridge".

    And reports back a committee substitute for same as follows:

    Com. Sub. for Senate Concurrent Resolution No. 2 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways name bridge number 17-131-3.99, located in Harrison County, the “U. S. Navy Petty Officer First Class Kevin S. Rux Memorial Bridge”.

    Whereas, Kevin S. Rux was born in Coronado, California, on October 31, 1969, the son of James A. Rux, a veteran of the United States Navy, and Saundra Rux Flanagan, a native of Chub Run, West Virginia; and

    Whereas, Kevin S. Rux enlisted in the Navy in October of 1988; and

    Whereas, Kevin S. Rux attended boot camp in Great Lakes, Illinois, and went on to serve in the Persian Gulf during Operation Desert Shield; and

    Whereas, Kevin S. Rux served ten years on active duty, had a brief stint of civilian life and then reenlisted in the Navy on October 27, 1999; and

    Whereas, Upon reenlistment, Kevin S. Rux was assigned to the USS Cole as an Electronics Warfare Technician (SW) and reached the rank of Petty Officer First Class; and

    Whereas, On October 12, 2000, the USS Cole was attacked by terrorists while refueling in Aden Harbor, Yemen, killing seventeen sailors and severely injuring thirty-nine more; and

    Whereas, Sadly, Kevin S. Rux was one of the seventeen sailors killed in the blast; and

    Whereas, It is fitting to honor the life of Kevin S. Rux by naming this bridge in his memory as an everlasting tribute to his service and sacrifice to his country; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to name bridge number 17-131-3.99, located in Harrison County, the “U. S. Navy Petty Officer First Class Kevin S. Rux 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. Navy Petty Officer First Class Kevin S. Rux 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.

    Senate Concurrent Resolution No. 3, Requesting DOH name bridge in Gypsy, Harrison County, "Sergeant First Class Sam Lopez Bridge".

    And reports back a committee substitute for same as follows:

    Com. Sub. for Senate Concurrent Resolution No. 3 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways to name bridge number 17-19-23.26 in Gypsy, Harrison County, the “U. S. Navy Seaman First Class Sam Lopez Bridge”.

    Whereas, Sam Lopez was born September 27, 1924, in Shinnston, West Virginia, the son of Pete and Mary Lopez; and

    Whereas, After being raised in Shinnston, Sam Lopez enlisted in the United States Navy in May of 1943 and was assigned to the USS Indianapolis in August of the same year; and

    Whereas, The USS Indianapolis was the pride of the United States Navy and was chosen to be the flagship of the Pacific Fleet, carrying a crew of one thousand two hundred men; and

    Whereas, While stationed on the USS Indianapolis, Sam Lopez took part in the battles of Saipan, Tinian, Guam, Iwo Jima, Okinawa and the key battles of Midway and the Philippine Sea; and

    Whereas, In July of 1945, after completing a top-secret mission, the USS Indianapolis set sail for Guam where it was to take part in gunnery practice with the USS Idaho in preparation for the invasion of Japan; and

    Whereas, On July 30, 1945, at 12:15 a.m., the USS Indianapolis was hit by enemy fire; and

    Whereas, The USS Indianapolis quickly began taking on water and the order was given to abandon ship; and

    Whereas, After jumping in the water that night, Sam Lopez spent four desperate days floating in the Pacific before being rescued; and

    Whereas, Out of one thousand two hundred men aboard, only three hundred and seventeen survived, and Sam Lopez was among the survivors of the Navy’s worst tragedy at sea; and

    Whereas, Sam Lopez married his beloved wife Joanne, with whom he shared the joy of having two children, Linda and Sam Jr., and four grandchildren, James, Bryan, Shawn and Shane; and

    Whereas, It is fitting to recognize the service and sacrifice of Sam Lopez by naming this bridge as an everlasting tribute to him; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to name bridge number 17-19-23.26 in Gypsy, Harrison County, the “U. S. Navy Seaman First Class Sam Lopez 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. Navy Seaman First Class Sam Lopez 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.

    Senate Concurrent Resolution No. 8, Requesting DOH name bridge on Rt. 270 in West Milford, Harrison County, "USMC Cpl. Gene William Somers, Jr., Memorial Bridge".

    And reports back a committee substitute for same as follows:

    Com. Sub. for Senate Concurrent Resolution No. 8 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways to name bridge number S317-270-0.73 on Route 270 in West Milford, Harrison County, West Virginia, the “USMC Cpl. Gene William Somers, Jr., Memorial Bridge”.

    Whereas, Corporal Gene William Somers, Jr., was born on July 27, 1948, in Harrison County, West Virginia, the son of Alice Marie Peet-Somers and the late Gene William Somers of West Milford, West Virginia; and

    Whereas, Corporal Gene William Somers, Jr., attended Unidis and South Harrison High Schools in Harrison County; and

    Whereas, Corporal Gene William Somers, Jr., enlisted in the United States Marine Corps on September 18, 1967, and began his tour of duty in Vietnam on February 6, 1968, as a member of the 1st Marine Division, Fleet Marine Forces; and

    Whereas, Corporal Gene William Somers, Jr., was one of three brothers and two sisters of which brother Todd also served in the United States Marine Corps; and

    Whereas, Corporal Gene William Somers, Jr., was killed on March 19, 1969, by hostile fire in the Quang Nam Province, South Vietnam; and

    Whereas, Corporal Gene William Somers, Jr., gave the ultimate sacrifice for his country and it is fitting and proper that he be remembered and acknowledged for his courageous action and service; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to name bridge number S317-270-0.73 on Route 270 in West Milford, Harrison County, West Virginia, the “USMC Cpl. Gene William Somers, 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 “USMC Cpl. Gene William Somers, 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.

    Senate Concurrent Resolution No. 9, Requesting DOH name portion of U. S. Rt. 522 "Trooper First Class Thomas Dean Hercules and Trooper Charles Henry Johnson Memorial Highway".

    And reports back a committee substitute for same as follows:

    Com. Sub. for Senate Concurrent Resolution No. 9 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways to name a portion of U. S. Route 522 near the West Virginia State Police barracks in Berkeley Springs, Morgan County, between West Virginia State Route 13, south of the West Virginia State Police barracks, and West Virginia State Route 9, north of the barracks, the “Trooper First Class Thomas Dean Hercules and Trooper Charles Henry Johnson Memorial Highway”.

    Whereas, Trooper First Class Thomas Dean Hercules and Trooper Charles Henry Johnson both served in the West Virginia State Police in Morgan County, West Virginia; and

    Whereas, Trooper First Class Thomas Dean Hercules served with the United States Marine Corps and had nineteen years of service as a West Virginia State Trooper; and

    Whereas, Trooper Charles Henry Johnson served in the Air Force for four years, graduated from the State Police Academy at Institute in 1970 and lived in Berkeley Springs for three years; and

    Whereas, On the snowy, cold afternoon of January 12, 1977, Trooper First Class Thomas Dean Hercules and Trooper Charles Henry Johnson were gunned down in the line of duty in Paw Paw, West Virginia, while serving an arrest warrant on a burglary suspect; and

    Whereas, Trooper First Class Thomas Dean Hercules and Trooper Charles Henry Johnson made the ultimate sacrifice for the safety of their community and state; and

    Whereas, Trooper First Class Thomas Dean Hercules was survived by his wife, Shirley, and their sons Allen and David; and

    Whereas, Trooper Charles Henry Johnson was the son of John J. and Rowena Robinson Johnson and was survived by his wife, Lynda Sue Lively Johnson; daughter, Lori Necole, and son, Jeffrey Bryan, both at home; sister, Mrs. Leah Rae Wallace; brother, John J. Johnson, Jr.; and grandmother, Mrs. Mary C. Robinson; and

    Whereas, The Legislature acknowledges the service and sacrifice of Trooper First Class Thomas Dean Hercules and Trooper Charles Henry Johnson, as well as the sacrifice of their families who endured their loss of life; and

    Whereas, It is fitting to honor the lives of Trooper First Class Thomas Dean Hercules and Trooper Charles Henry Johnson by naming this highway in their memory as an everlasting tribute to their service and sacrifice to their community and state; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to name a portion of U. S. Route 522 near the West Virginia State Police barracks in Berkeley Springs, Morgan County, between West Virginia State Route 13, south of the West Virginia State Police barracks, and West Virginia State Route 9, north of the barracks, the “Trooper First Class Thomas Dean Hercules and Trooper Charles Henry Johnson Memorial Highway”; and, be it

    Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying this section of the highway as the “Trooper First Class Thomas Dean Hercules and Trooper Charles Henry Johnson Memorial Highway”; 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.

    Senate Concurrent Resolution No. 10, Requesting DOH name bridge crossing Island Creek in Switzer, Logan County, "James Melvin 'Pete' Spradlin Memorial Bridge".

    And reports back a committee substitute for same as follows:

    Com. Sub. for Senate Concurrent Resolution No. 10 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways to name bridge number 23-044/00-0.13.14, crossing Island Creek in Switzer, Logan County, the “U. S. Army Cpl. James Melvin ‘Pete’ Spradlin Memorial Bridge”.

    Whereas, Pete Spradlin was born on November 29, 1946, in Stirrat, West Virginia; and

    Whereas, Pete Spradlin wed Ruby Lee Crum and together they had seven children who have blessed them with six grandchildren; and

    Whereas, Pete Spradlin spent three years as a Corporal in the Army 3rd Battery, 4th Platoon, earning a National Defense Service Medal; and

    Whereas, Pete Spradlin was a longtime coal miner and proud member of the United Mine Workers of America; and

    Whereas, Pete Spradlin gained fame in Logan County after he was featured in a November, 1991, Time Magazine article about the perils of coal mining; and

    Whereas, Pete Spradlin retired from Kedco Coal Company in June, 1998, and later bought a cabin in Greenbrier County where he enjoyed spending most of his time; and

    Whereas, Pete Spradlin served as a board member of Logan Regional Medical Center in the 1990s; and

    Whereas, Pete Spradlin passed away on March 10, 2013, in Monaville, Logan County, West Virginia; and

    Whereas, It is fitting and proper that the national and community service of Pete Spradlin be acknowledged; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to name bridge number 23-044/00-0.13.14, crossing Island Creek in Switzer, Logan County, the “U. S. Army Cpl. James Melvin ‘Pete’ Spradlin 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 “U. S. Army Cpl. James Melvin ‘Pete’ Spradlin 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 and to the surviving family members of Pete Spradlin.

    And,

    Senate Concurrent Resolution No. 11, Requesting DOH name bridge on County Rt. 110/20 in Logan "Army Major Thomas McElwain Memorial Bridge".

    And reports back a committee substitute for same as follows:

    Com. Sub. for Senate Concurrent Resolution No. 11 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways to name bridge number 23-110/20-0.23, located on County Route 110/20 in Logan, West Virginia, crossing a side channel of the Guyandotte River and locally known as the Logan High School Bridge, the “U. S. Army Major Thomas McElwain Memorial Bridge”.

    Whereas, Thomas McElwain was born in Logan, West Virginia, November 25, 1940, and was raised primarily by his maternal grandparents; and

    Whereas, Thomas McElwain attended Logan High School for a year, but later obtained a high school equivalency diploma; and

    Whereas, Thomas McElwain enlisted in the United States Army in 1958, at the age of eighteen, and underwent basic training at Fort Jackson, South Carolina; and

    Whereas, Thomas McElwain later attended Drury College in Springfield, Missouri, and the University of Maryland Far East Branch, obtaining two Master’s Degrees; and

    Whereas, Thomas McElwain rose through the ranks as an enlisted soldier and became a commissioned officer, completing numerous training assignments, including airborne training and special forces training, and completing officer candidate school at Fort Benning, Georgia, in 1963; and

    Whereas, Army Major Thomas McElwain was commanding officer of Company C, 1st Battalion (Airborne), 503rd Infantry in Vietnam in 1967 and 1968; and

    Whereas, Army Major Thomas McElwain was awarded the Silver Star for gallantry in action during a search-and-destroy mission November 11, 1967, near Dak To, Republic of Vietnam. When his company came under a heavy enemy mortar, rocket and small-arms attack, Major (then Captain) McElwain distinguished himself on several occasions during the seven-hour battle, exposing himself to enemy fire to drag a wounded man to safety and to carry out the requirements of his command, although wounded himself; and

    Whereas, In addition to the Silver Star, Major Thomas McElwain was awarded the Bronze Star for Valor (three awards), Army Commendation Medal for Valor (two awards), Purple Heart, Vietnamese Cross of Gallantry with Silver Star, the Vietnamese Cross of Gallantry with Gold Star, the Good Conduct Medal, National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal, Air Medal, Combat Infantry Badge and the Senior Parachutist Badge; and

    Whereas, After his second tour of duty in Vietnam as a military advisor to thirty-six thousand Montagnards, Major Thomas McElwain was chosen by General William Westmoreland for a National Speakers Tour. He traveled extensively throughout West Virginia, Kentucky and Ohio to local civic organizations to share information about the war; and

    Whereas, After his stint as a speaker for the Army, Major Thomas McElwain became Commandant of Cadets at the University of Nebraska in Omaha. After this, Major McElwain was assigned to the ROTC program at Marquette University in Milwaukee, Wisconsin. Since his office was located in the gym, he developed a friendship with Al McGuire, the head basketball coach at Marquette at that time. Having earned two Master’s Degrees while in the Army and upon retiring from the Army, Major Thomas McElwain taught at Park College, taught at Webster College Graduate School, supervised student teachers at the University of Texas at El Paso (UTEP) and taught fourth grade at Radford School for Girls; and

    Whereas, Major Thomas McElwain was a 32nd Degree Mason and was a member of the Grand Lodge of Texas Ancient Free and Accepted Masons, Wallace Hughton Lodge Number 1393. He was also active in the Shriners. Following retirement Major McElwain moved to Henderson, Nevada, where he lived and enjoyed playing golf with family and friends, shooting his pistols and cooking; and

    Whereas, Army Major Thomas McElwain died September 24, 2013; and

    Whereas, It is fitting that an enduring memorial be established in the community he considered home to commemorate this native son’s service to his country; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to name bridge number 23-110/20-0.23, located on County Route 110/20 in Logan, West Virginia, crossing a side channel of the Guyandotte River and locally known as the Logan High School Bridge, the “U. S. Army Major Thomas McElwain 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 “U. S. Army Major Thomas McElwain 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 James W. Mullins; and to family members of Army Major Thomas McElwain.

    With the recommendation that the seven committee substitutes be adopted.

                             Respectfully submitted,

                               Robert D. Beach,

                                 Chair.

    At the request of Senator Beach, unanimous consent being granted, the resolutions (Com. Sub. for S. C. R. Nos. 1, 2, 3, 8, 9, 10 and 11) contained in the preceding report from the Committee on Transportation and Infrastructure were taken up for immediate consideration.

    The question being on the adoption of the resolutions, the same was put and prevailed.

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

    The Senate proceeded to the sixth order of business.

    On motions for leave, severally made, the following bills were introduced, read by their titles, and referred to the appropriate committees:

    By Senators Miller, Cann and Laird:

    Senate Bill No. 446--A Bill to amend and reenact §6C-2-2 and §6C-2-3 of the Code of West Virginia, 1931, as amended, all relating to the West Virginia public employees grievance procedure; adding definition for “discovery”; requiring agencies to allow reasonable time for representatives to appear; providing for discovery requests; increasing possible penalties for acts of reprisal; and clarifying that participation in proceedings is considered work time.

    Referred to the Committee on Labor; and then to the Committee on Government Organization.

    By Senators Chafin, Cole, Kirkendoll and Stollings:

    Senate Bill No. 447--A Bill to amend and reenact §51-2-1 of the Code of West Virginia, 1931, as amended, relating to authorizing an additional circuit court judge for the thirtieth judicial circuit consisting of Mingo County.

    Referred to the Committee on the Judiciary; and then to the Committee on Finance.

    By Senators Barnes, Beach, Blair, Boley, Cann, Carmichael, Cole, Cookman, Edgell, Fitzsimmons, D. Hall, M. Hall, Nohe, Sypolt, Tucker, Williams, Snyder, Stollings, Wells and Jenkins:

    Senate Bill No. 448--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10-22l; and to amend said code by adding thereto a new section, designated §18-7A-26w, all relating to providing a one-time supplement to retired public employees and teachers seventy years of age or older equal to three percent of their retirement benefits; setting forth conditions; and providing for exceptions.

    Referred to the Committee on Pensions; and then to the Committee on Finance.

    By Senators Wells, Yost, Jenkins and Fitzsimmons:

    Senate Bill No. 449--A Bill to amend and reenact §9A-1-2, §9A-1-5, §9A-1-6, §9A-1-8, §9A-1-9, §9A-1-10, §9A-1-11 and §9A-1-12 of the Code of West Virginia, 1931, as amended, all relating to the administration of veterans’ assistance generally; redesignating employment positions; providing additional power and authority of Secretary of Department of Veterans’ Assistance; modifying duties of Veterans’ Council; authorizing compensation of volunteer drivers; revising language related to the Veterans Facilities Support Fund; and conforming terminology used in existing statutory provisions.

    Referred to the Committee on Military; and then to the Committee on Government Organization.

    Senators Green, Stollings, Cole, D. Hall and Jenkins offered the following resolution:

    Senate Concurrent Resolution No. 21--Requesting the Division of Highways name bridge number 41-1-13.03, located on Route 1 over Clear Creek at the mouth of Toney’s Fork Road adjacent to the Presbyterian Church in Raleigh County, known as Artie Bridge Number 2, the "Army PFC Shelby Dean Stover Memorial Bridge".

    Whereas, PFC Stover was born on July 15, 1948, in Ameagle, West Virginia; and

    Whereas, PFC Stover was killed in Vietnam by enemy forces on October 21, 1968, the only member of his community to die in action; and

    Whereas, PFC Stover represented the best of his community, being a friend to others, a good athlete and most of all willing to serve his country without hesitation; and

    Whereas, It is fitting to honor PFC Stover for his commitment, dedication and service to his country and to his state, having given the ultimate sacrifice; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to name bridge number 41-1-13.03, located on Route 1 over Clear Creek at the mouth of Toney’s Fork Road adjacent to the Presbyterian Church in Raleigh County, known as Artie Bridge Number 2, the "Army PFC Shelby Dean Stover Memorial Bridge"; and, be it

    Further Resolved, That 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 “Army PFC Shelby Dean Stover 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 Secretary of the Department of Transportation, Dennis Williams and the family of Army PFC Shelby Dean Stover.

    Which, under the rules, lies over one day.

    Senators Kessler (Mr. President), Unger, Barnes, Blair, Cann, Carmichael, Cole, M. Hall, Kirkendoll, Laird, McCabe, Miller, Palumbo, Stollings, Sypolt, Walters, Wells, Williams, Yost, Snyder, Tucker, Plymale, Prezioso, Cookman, Fitzsimmons, Jenkins and D. Hall offered the following resolution:

    Senate Resolution No. 11--Recognizing the value and importance of the state's innovation industry on “Innovation & Entrepreneurship Day” at the Capitol.

    Whereas, Research and innovation continue to be bedrocks of America’s economic strength and vitality; and

    Whereas, Facilitating innovation-based economic development and the growth of entrepreneurial companies are critical to our state's future and prosperity; and

    Whereas, In 2013, West Virginia continued to make good progress toward a broader, more roust innovation economy; and

    Whereas, Entrepreneurs and small businesses create the vast majority of the new jobs in the United States; and

    Whereas, Research and development activities being done in federally funded, university and private laboratories in our state are important for new discoveries, scientific and engineering solutions and potential commercialization opportunities; and

    Whereas, Recent studies point to the need for states to nurture research and development activities, develop innovation assets and grow businesses to diversify their economies; and

    Whereas, A technology-based economic development study by the Battelle Technology Partnership Practice highlighted four key innovation clusters where West Virginia should focus its innovation efforts; and

    Whereas, These four key innovation clusters are advanced energy, chemicals/advanced materials, biometrics and identity management and biotechnology; and

    Whereas, Innovations in manufacturing, such as 3D printing, are opening new opportunities for West Virginia's small manufacturing firms to develop new products and processes to improve their bottom lines; and

    Whereas, There is growing interest in entrepreneurship across our state as business plan competitions are attracting record-setting numbers of applications and other groups are exploring ways to bring entrepreneurship education into the K-12 system; and

    Whereas, Improving access to risk capital is a critical need that is being addressed by existing and new public and private programs, such as the West Virginia Capital Access Program, the 1NNOVA Fund, the West Virginia Growth Investment LLC and the Appalachian Community Capital; and

    Whereas, More than one hundred organizations, agencies and companies are working together to help advance the state's innovation and entrepreneurship potential and capacity; and

    Whereas, West Virginia has developed an integrated ecosystem of organizations, agencies and financial firms working collaboratively to spur innovation enterprises and jobs; and

    Whereas, Many of these innovation drivers are here at the Capitol today as part of the “Innovation & Entrepreneurship Day” hosted by Industries of the Future--West Virginia and TechConnect WV; therefore, be it

    Resolved by the Senate:

    That the Senate hereby recognizes the value and importance of the state's innovation industry on “Innovation & Entrepreneurship Day” at the Capitol; and, be it

    Further Resolved, That the innovation industry is interested in realizing the long-term economic opportunities that an innovation-based economy can provide our state's citizens; and, be it

    Further Resolved, That the Senate expresses its strong support for continued R&D advancements and applauds the collaborative efforts that are demonstrated by the organizations, agencies and companies that are supporting “Innovation & Entrepreneurship Day” at the Capitol; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Industries of the Future--West Virginia and TechConnect WV.

    At the request of Senator Unger, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.

    On motion of Senator Unger, the Senate recessed for one minute.

    Upon expiration of the recess, the Senate reconvened and proceeded to the seventh order of business.

    Senate Concurrent Resolution No. 19, Requesting DOH name bridge in Lincoln County "Sergeant Paul Norman Chapman Memorial Bridge".

    On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.

    Senate Concurrent Resolution No. 20, Recognizing value and importance of state's innovation industry.

    On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Economic Development.

    The Senate proceeded to the eighth order of business.

    Eng. Com. Sub. for Senate Bill No. 316, Relating to tolling with regard to civil actions.

    On third reading, coming up in regular order, was reported by the Clerk.

    At the request of Senator Unger, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.

    Eng. Senate Bill No. 394, Redesignating Health Sciences Scholarship Program as Health Sciences Service Program.

    On third reading, coming up in regular order, was reported by the Clerk.

    At the request of Senator Unger, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.

    Pending announcement of meetings of standing committees of the Senate, including a minority party caucus,

    On motion of Senator Unger, the Senate adjourned until tomorrow, Thursday, January 30, 2014, at 11 a.m.

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