WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTY-FIRST LEGISLATURE
REGULAR SESSION, 2014
FIFTY-SECOND DAY
____________
Charleston, W. Va., Friday, February 28, 2014
The Senate met at 11 a.m.
(Senator Kessler, Mr. President, in the Chair.)
Prayer was offered by Dr. D. W. Cummings, Senior Pastor, Bethlehem Apostolic Temple, Wheeling, West Virginia.
St. Agnes School’s fifth grade class, Charleston, West Virginia, then led the Senate in the recitation of the Pledge of Allegiance.
Pending the reading of the Journal of Thursday, February 27, 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 Clerk presented a communication from the Department of Transportation, Office of Administrative Hearings, submitting its annual report as required by chapter seventeen-c, article five-c, section two of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
The Senate proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the amendment by that body, adoption as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to
Com. Sub. for Senate Concurrent Resolution No. 1, Requesting DOH name Becky's Creek Bridge, Randolph County, "U. S. Army Sgt. Cecil W. Kittle, Jr., Memorial Bridge”.
On motion of Senator Unger, the message on the resolution was taken up for immediate consideration.
The following House of Delegates amendment to the resolution was reported by the Clerk:
By striking out everything after the title and inserting in lieu thereof the following:
Whereas, Sergeant Kittle was born on March 15, 1940, in Randolph County to Cecil Wilbert Kittle, Sr., and Omega Virginia Armentrout Kittle. He had one brother, retired Master Sergeant Floyd A. Kittle, and two sisters, Carolyn Darlene Kittle and Eva Fae Collier 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 with Company C of the Second Battalion, Seventh Calvary/ First Calvary Division (Airmobile). This Division was involved in the heaviest fighting at the Battle of Ia Drang Valley and Chu Pong Mountain, the first major battle for the U. S. in the Vietnam War; and
Whereas, American leaders had decided to use newly developed airmobile tactics by flying in American troops by helicopter. The Seventh Cavalry Regiment/First Air Calvary Division 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 be airlifted into Ia Drang Valley to locate the North Vietnamese Army. Only sixteen helicopters were available to bring in the troops which took four hours to get all of the 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 thousands of 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 had been moved to Landing Zone Albany, where U. S. troops were again surrounded and attacked by an overwhelming number of North Vietnamese soldiers. 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 American soldiers were killed in the Battle of Ia Drang Val1ey; and
Whereas, Sergeant Kittle was killed on November 17, 1965, as a result of hostile action while on a search-and-destroy mission during the second wave of North Vietnamese attacks at the Battle of Ia Drang Valley. Sergeant Kittle’s second son, Randall Lee Kittle, was born on December 24, 1965, approximately one month after his father’s death in Vietnam; 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 Church 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 Bronze Star Medal with "V" Device for heroism and valor in connection to his courageous actions against hostile forces at the Battle of Ia Drang Valley. Sergeant Kittle was also 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 several books including “Reflections on LZ Albany” by retired Lieutenant Jim Lawrence, Lieutenant Rick Rescorla’s biography “Heart of a Soldier” by James B. Stewart and "We Were Soldiers Once . . . and Young" by retired Lieutenant General Hal Moore and reporter Joseph Galloway, all of whom were at the battle. The book “We Were Soldiers Once . . . and Young” also served as the basis of the 2002 movie "We Were Soldiers" starring Mel Gibson; and
Whereas, Two local articles also chronicled the books and the movie's significance to West Virginia and to 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, to Sergeant Cecil Kittle’s siblings, retired Master Sergeant Floyd A. Kittle, Carolyn Darlene Kittle and Evan Fae Collier Knight, and to his two sons, Randall Lee Kittle and Richard Nicholas Kittle.
On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the resolution.
Committee Substitute for Senate Concurrent Resolution No. 1, as amended by the House of Delegates, was then put upon its adoption.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
Com. Sub. for House Concurrent Resolution No. 39--Requesting the Division of Highways to name Upper Omar bridge, bridge number 23-44-8.62 (23A108), carrying WV Route 44 over Island Creek in Omar, Logan County, as the “U.S. Army LTC Robert “Bob” Marslender Bridge”.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
Com. Sub. for House Concurrent Resolution No. 47--Requesting the Division of Highways to name bridge number 24-7/13-0.02 (24A358), crossing Tug Fork on Route 7 in Marytown, McDowell County, as the “U.S. Army SFC Michael Joe “Joey” Marushia Memorial Bridge”.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
Com. Sub. for House Concurrent Resolution No. 48--Requesting the Division of Highways to name bridge number 24-80-11.10 (24A161) on Route 80 within the city limits of Iaeger near the Auvil railroad yard in McDowell County, the "U.S. Army Corporal Tracy Thurman Walls Memorial Bridge”.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
Com. Sub. for House Concurrent Resolution No. 71--Requesting that Turnpike bridge number 20-77-86.57 (20A619), on I-77, crossing over County Route 77/1, and known as the Fields Creek Bridge, near Chelyan, West Virginia, be named the “U.S. Army Private William C. Bias Memorial Bridge”.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 101--Requesting the Division of Highways name a section of United States Route 33 from the Ritchie Bridge in Ravenswood, Jackson County to its intersection with Interstate 79 at Exit 99 in Lewis County, and from where United States Routes 219 and 33 diverge just north of Elkins in Randolph County to the Randolph/Pendleton County line “The Historic Blue-Gray Highway”.
Referred to the Committee on Transportation and Infrastructure.
Executive Communications
Senator Kessler (Mr. President) laid before the Senate the following communication from His Excellency, the Governor:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
February 27, 2014
Senate Executive Message No. 3
TO: The Honorable Members of the
West Virginia Senate
Ladies and Gentlemen:
I respectfully withdraw the following nomination for your advice and consent from Executive Message No. 2 dated February 26, 2014; the nominee has resigned his appointment:
83. For Member, Northern Community College Board of Governors, Alfred Renzella, Glen Dale, Marshall County, for the term ending June 30, 2016.
Thank you for correcting your records.
Sincerely,
Earl Ray Tomblin,
Governor.
Which communication was received and referred to the Committee on Confirmations.
The Senate proceeded to the fourth order of business.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4067, Authorizing the Department of Military Affairs and Public Safety to promulgate legislative rules.
And has amended same.
And,
Eng. Com. Sub. for House Bill No. 4304, Providing rules for motor vehicles passing bicycles on roadways.
And has amended same.
And reports the same back with the recommendation that they each do pass, as amended.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 4154, Fixing a technical error relating to the motor fuel excise tax.
And,
Eng. House Bill No. 4159, Updating the meaning of federal adjusted gross income and certain other terms.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
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
Eng. Com. Sub. for House Bill No. 4188, Updating the authority and responsibility of the Center for Nursing.
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 Education.
Respectfully submitted,
Ron Stollings,
Chair.
At the request of Senator Plymale, as chair of the Committee on Education, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Health and Human Resources.
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
Eng. Com. Sub. for House Bill No. 4208, Banning synthetic hallucinogens.
And has amended same.
Eng. Com. Sub. for House Bill No. 4236, Sexual assault nurse examination network.
And has amended same.
And,
Eng. Com. Sub. for House Bill No. 4363, Creating an informal dispute resolution process available to behavioral health providers.
And has amended same.
And reports the same back with the recommendation that they each do pass, as amended; but under the original double committee references first be referred to the Committee on the Judiciary.
Respectfully submitted,
Ron Stollings,
Chair.
The bills, under the original double committee references, were then referred to the Committee on the Judiciary, with amendments from the Committee on Health and Human Resources pending.
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
Eng. Com. Sub. for House Bill No. 4214, Relating to persons being discharged from mental health facilities.
And,
Eng. Com. Sub. for House Bill No. 4287, Administration of health maintenance tasks.
And reports the same back with the recommendation that they each 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, under the original double committee references, were then referred to the Committee on the Judiciary.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4339, Ensuring that moneys from the Solid Waste Authority Closure Cost Assistance Fund are available to facilitate the closure of the Elkins-Randolph County Landfill and the Webster County Landfill.
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 Finance.
Respectfully submitted,
Corey Palumbo,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on the Judiciary pending.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Eng. House Bill No. 4457, Authorizing a legislative rule for the Council of Community and Technical College Education regarding WV EDGE program.
And reports the same back with the recommendation that it 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
Eng. House Bill No. 4488, Eliminating the requirement for notarization of the articles of incorporation for cooperative associations.
And reports the same back with the recommendation that it 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
Eng. House Bill No. 4618, Establishing transformative system of support for early literacy.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Robert H. Plymale,
Chair.
The Senate proceeded to the sixth order of business.
Senators Chafin, Cole, Stollings, Jenkins, D. Hall, Green and Plymale offered the following resolution:
Senate Concurrent Resolution No. 72--Requesting the Division of Highways to name bridge number 24-16-13.39 (24A107) on Route 16 in War, McDowell County, West Virginia, the “Army SFC Anthony Barton PTSD Awareness Bridge”.
Whereas, Anthony Barton was born in Bluefield, West Virginia, on April 25, 1980; and
Whereas, Anthony Barton graduated from Big Creek High School in War, West Virginia, where he was co-valedictorian of the class of 1998 and excelled in football and wrestling. He subsequently received an organizational leadership degree from Mountain State University; and
Whereas, SFC Anthony Barton served in the West Virginia Army National Guard from December 2001 until his death in 2012; and
Whereas, SFC Anthony Barton served fourteen months in Iraq with the West Virginia Army National Guard as a military police officer during Operation Iraqi Freedom; and
Whereas, SFC Barton was a highly decorated soldier who received numerous awards and medals for his service, including the Meritorious Service Medal (Posthumous), Army Commendation Medal with Oak Leaf Cluster, Army Achievement Medal, Army Reserve Component Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Armed Forces Reserve Medal with M Device, NCO Professional Development Ribbon with Numeral 2, Army Service Ribbon, Combat Action Badge, Meritorious Unit Citation, Joint Meritorious Unit Award, West Virginia Emergency Service Ribbon with 2 Oakleaf Clusters, West Virginia State Service Ribbon with 2 Oak Leaf Clusters, West Virginia Service Ribbon and Shoulder Sleeve Insignia For Wartime Service — 101st Airborne and 15th MP Brigade; and
Whereas, SFC Anthony Barton also served the state's citizenry on many occasions as a member of the West Virginia National Guard when he assisted during severe flooding, major snowstorms and other state emergencies; and
Whereas, SFC Anthony Barton was a certified police officer who graduated from the West Virginia State Police Academy, and he served as a McDowell County deputy sheriff and as a police officer with the Town of War while serving in the West Virginia National Guard; and
Whereas, SFC Anthony Barton Anthony also enjoyed riding his Harley and playing guitar, and he was actively involved in the New Testament Christian Church where he played guitar; and
Whereas, SFC Anthony Barton Anthony suffered from post traumatic stress disorder resulting from the highly stressful conditions of his deployment in Iraq; and
Whereas, Sadly, SFC Anthony Barton Anthony lost his battle with PTSD on December 26, 2012; and
Whereas, SFC Anthony Barton is survived by his spouse, Jessica Barton; children, James Tanner Beckett and Jared Ray Barton; parents, Donald and Mary Barton; sister, Tara Adkins and her husband, Matthew; grandparents, Clinton and Delores Tyree; four nephews, Michael Anthony and Andrew Reid Adkins, Declan Patrick O'Neil and Bodhi Jasper Hines; and numerous aunts and uncles and other family and friends; and
Whereas, It is only fitting that we honor the life of SFC Anthony Barton by naming this bridge in his memory as a lasting tribute to his dedicated service and sacrifice on behalf of his country, state and community; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 24-16-13.39 (24A107) on Route 16 in War, McDowell County, West Virginia, the “Army SFC Anthony Barton PTSD Awareness 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 “Army SFC Anthony Barton PTSD Awareness 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 family of Anthony Barton.
Which, under the rules, lies over one day.
Senators Wells, Stollings, Yost, Jenkins, D. Hall, Unger, Green, Plymale, Kessler (Mr. President) and Fitzsimmons offered the following resolution:
Senate Resolution No. 42--Memorializing the life of Lance Corporal Adam Johnson Crumpler, a son of West Virginia and a United States Marine.
Whereas, Adam Johnson Crumpler was born August 31, 1985, and along with his sister Brittany was raised by their grandparents, Hubert Robert Johnson and Emma Stone Johnson; and
Whereas, Adam Johnson Crumpler graduated from Riverside High School in 2003, was a Blue Belt member of the American Martial Arts Association and was a member of Point Lick Gospel Tabernacle in Charleston, West Virginia; and
Whereas, Upon graduation from high school, Adam Johnson Crumpler followed in his grandfather’s footsteps and enlisted in the United States Marine Corps; and
Whereas, Adam Johnson Crumpler was assigned to the 3rd Battalion, 2nd Marine Regiment, 2nd Marine Division, II Marine Expeditionary Force, Camp Lejeune, North Carolina, and was called to duty to serve in Operation Iraqi Freedom; and
Whereas, Adam Johnson Crumpler and his battalion participated in Operation Spear, a mission to destroy militant networks that may filter across the porous national line with Syria; and
Whereas, Sadly, Lance Corporal Adam Johnson Crumpler was killed by small-arms fire while conducting combat operations against enemy forces during Operation Spear in Karabilah, Iraq, on June 18, 2005, at the age of nineteen; and
Whereas, Adam Johnson Crumpler served bravely and with honor, and made the ultimate sacrifice for his country and state; and
Whereas, To memorialize the life of Lance Corporal Adam Johnson Crumpler, a section of U. S. Route 60 from Campbells Creek Road to Warrior Way has been named in his memory as an everlasting tribute to his life; and
Whereas, Adam Johnson Crumpler is sorely missed by his loving family and numerous friends and admirers, and leaves behind not only a legacy of service, but a brighter future for West Virginia; therefore, be it
Resolved by the Senate:
That the Senate hereby memorializes the life of Lance Corporal Adam Johnson Crumpler, a son of West Virginia and a United States Marine; and, be it
Further Resolved, That the Senate expresses its deepest condolences to the family of Lance Corporal Adam Johnson Crumpler; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the family of Lance Corporal Adam Johnson Crumpler.
At the request of Senator Wells, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
Thereafter, at the request of Senator Walters, and by unanimous consent, the remarks by Senator Wells regarding the adoption of Senate Resolution No. 42 were ordered printed in the Appendix to the Journal.
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. 66, Requesting Joint Committee on Government and Finance study expansion of pari-mutuel wagering.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on the Judiciary; and then to the Committee on Rules.
Senate Concurrent Resolution No. 67, Requesting Joint Committee on Government and Finance study probate process.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on the Judiciary; and then to the Committee on Rules.
Senate Concurrent Resolution No. 68, Requesting Joint Committee on Government and Finance study housing quality and affordability.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on the Judiciary; and then to the Committee on Rules.
Senate Concurrent Resolution No. 69, Requesting Joint Committee on Government and Finance study nurse staffing in health care facilities.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Health and Human Resources; and then to the Committee on Rules.
Senate Concurrent Resolution No. 70, Requesting Joint Committee on Government and Finance study certified professional midwives' licensing.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Government Organization; and then to the Committee on Rules.
Com. Sub. for House Concurrent Resolution No. 4, The "Army Corporal Eldred Jennings Hensley Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:
On page three, in the Resolved clause, before the word “Army” by inserting “U. S.”;
On page three, in the first Further Resolved clause, before the word “Army” by inserting “U. S.”;
And,
By striking out the title and substituting therefor a new title to read as follows:
Com. Sub. for House Concurrent Resolution No. 4--Requesting that bridge number 23-5-4.91 (23A018) on Route 5 in Logan County, West Virginia, the “U. S. Army Corporal Eldred Jennings Hensley Memorial Bridge”.
The question being on the adoption of the resolution (Com. Sub. for H. C. R. No. 4), as amended, 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.
Com. Sub. for House Concurrent Resolution No. 5, The "Sergeant Elzie Mundy, Jr. Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:
On page two, in the Resolved clause, before the word “Army” by inserting “U. S.”;
On page two, in the first Further Resolved clause, before the word “Army” by inserting “U. S.”;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Com. Sub. for House Concurrent Resolution No. 5--Requesting that bridge number 23-119/5-1.00 (23A129), on Route 119/5, otherwise known as the Pine Creek Road, in Pine Creek, outside of Omar, Logan County, West Virginia, be named the “U. S. Army Sergeant Elzie Mundy, Jr. Bridge”.
The question being on the adoption of the resolution (Com. Sub. for H. C. R. No. 5), as amended, 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.
Com. Sub. for House Concurrent Resolution No. 6, The "Marine LCpl Benny A. Gilco Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:
By striking out everything after the title and inserting in lieu thereof the following:
Whereas, Benny A. Gilco was born October 10, 1948, at Amherstdale, West Virginia, the son of Addilee and Tom Leo Gilco; and had five brothers and one sister; and
Whereas, Benny A. Gilco and his wife, Ella Bellamy Gilco, had two children and four grandchildren; and
Whereas, Benny A. Gilco is a resident of Accoville, Logan County, West Virginia; and
Whereas, Benny A. Gilco enlisted in the United States Marine Corps on July 17, 1968; and
Whereas, Lance Corporal Benny A. Gilco served with distinction as a rifleman and radioman in combat operations against insurgent Viet Cong forces in the vicinity of Quang Tri Province in the Republic of Vietnam in 1968 and 1969; and
Whereas, While operating approximately two miles north of Fire Support Base Russell in Quang Tri Province on May 25 and 26, 1969, Lance Corporal Benny A. Gilco’s unit, Company B, First Battalion, Fourth Marines, Third Marine Division, came under heavy fire from a large and well-concealed North Vietnamese Army Force; and
Whereas, During the fire fight which ensued, Lance Corporal Gilco boldly assumed a forward position to direct accurate suppressive fire at the enemy, and was instrumental in forcing the enemy force to break off contact; and
Whereas, Lance Corporal Benny A. Gilco particularly distinguished himself for meritorious service by displaying courage and composure under fire and by enhancing the operational effectiveness of his unit by initiative, superb professionalism and loyal devotion to duty; and
Whereas, Lance Corporal Benny A. Gilco was awarded the Vietnam Cross of Gallantry with bronze, the Vietnam Campaign Medal with device, the Combat Action Ribbon, the National Defense Service Medal, the Navy Commendation Medal with Combat V, the Vietnam Service Medal with one star, the Combat Action Ribbon and the Good Conduct Medal; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 23-16-5.11 (23A094) on County Route 16, Buffalo Creek Road, Logan County, West Virginia, the “USMC LCPL Benny A. Gilco 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 “USMC LCPL Benny A. Gilco Bridge”; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to Benny A. Gilco at P.O. Box 161, Accoville, West Virginia, and a certified copy to the Commissioner of the Division of Highways.;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Com. Sub. for House Concurrent Resolution No. 6--Requesting that bridge number 23-16-5.11 (23A094) on County Route 16, Buffalo Creek Road at Amherstdale, Logan County, West Virginia, be named the “USMC LCPL Benny A. Gilco Bridge”.
The question being on the adoption of the resolution (Com. Sub. for H. C. R. No. 6), as amended, 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.
Com. Sub. for House Concurrent Resolution No. 8, The "Oral Gene Castle Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:
On page two, in the Resolved clause, before the word “Oral” by inserting the words “U. S. Army Corporal”;
On page two, in the first Further Resolved clause, before the word “Oral” by inserting the words “U. S. Army Corporal”;
And,
By striking out the title and substituting therefor a new title to read as follows:
Com. Sub. for House Concurrent Resolution No. 8--Requesting the Division of Highways to name the bridge crossing Pine Creek at Omar, Logan County, bridge number 23-119/5-0.23 (23A128), the “U. S. Army Corporal Oral Gene Castle Bridge”.
The question being on the adoption of the resolution (Com. Sub. for H. C. R. No. 8), as amended, 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.
Com. Sub. for House Concurrent Resolution No. 32, Joe "Toby" Slade Memorial Bridge.
On unfinished business, coming up in regular order, was reported by the Clerk.
The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:
On page two, in the Resolved clause, before the word “Joe” by inserting the words “U. S. Army Corporal”;
On page three, in the first Further Resolved clause, before the word “Joe” by inserting the words “U. S. Army Corporal”;
And,
By striking out the title and substituting therefor a new title to read as follows:
Com. Sub. for House Concurrent Resolution No. 32--Requesting the Division of Highways to name bridge number 23-119/5-1.45 (23A249) in Pine Creek, Logan County, as the “U. S. Army Corporal Joe “Toby” Slade Memorial Bridge”.
The question being on the adoption of the resolution (Com. Sub. for H. C. R. No. 32), as amended, 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 ninth order of business.
Com. Sub. for Senate Bill No. 344, Expiring funds from State Fund, General Revenue, and making supplemental appropriations to various agencies.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 345, Expiring funds from State Fund, General Revenue, and making supplementary appropriations to MAPS.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Eng. Com. Sub. for House Bill No. 4384, Requiring teachers of students with exceptional needs to either be present at an individualized education program meeting or to read and sign a copy of the individualized education program plan.
On second reading, coming up in regular order, was read a second time.
At the request of Senator Plymale, as chair of the Committee on Education, and by unanimous consent, the unreported Education committee amendments to the bill were withdrawn.
On motions of Senators Plymale and Tucker, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
On page two, section one-c, line one, before the words “The regular” by inserting “(a)”;
On page four, section one-c, line forty-one, after the word “made;” by adding the word “and”;
On page four, section one-c, line forty-eight, by changing the semicolon to a period and striking out the word “and”;
On page four, section one-c, line forty-nine, by striking out “(6)” and inserting in lieu thereof “(b)”;
And,
On page four, section one-c, line fifty-eight, after the word “Make” by inserting the words “accommodations and”.
The bill (Eng. Com. Sub. for H. B. No. 4384), as amended, was then ordered to third reading.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Eng. Com. Sub. for House Bill No. 4003, Granting dual jurisdiction to counties where a student who lives in one county and attends school in another in order to enforce truancy policies.
Eng. Com. Sub. for House Bill No. 4151, Relating to military members and their spouses who obtain licensure through professional boards.
Eng. House Bill No. 4178, Making a supplementary appropriation to the Department of Commerce, WorkForce West Virginia.
Eng. House Bill No. 4259, Extending the time for the city council of the city of Sistersville, Tyler County, to meet as a levying body.
Eng. House Bill No. 4301, Allowing limited reciprocal use of hunting and fishing licenses with the Commonwealth of Kentucky.
Eng. Com. Sub. for House Bill No. 4402, Providing a procedure for the conditional discharge for first offense underage purchase, consumption, sale, service or possession of alcoholic liquor.
Eng. House Bill No. 4421, Allowing the lottery to pay prizes utilizing other payment methods in addition to checks.
Eng. House Bill No. 4437, Relating to the Division of Juvenile Services.
And,
Eng. House Bill No. 4445, Modifying the definition of "battery" and "domestic battery".
The Senate proceeded to the eleventh order of business and the introduction of guests.
Pending announcement of meetings of standing committees of the Senate, including majority and minority party caucuses,
On motion of Senator Unger, the Senate adjourned until Monday, March 3, 2014, at 11 a.m.
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