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Thursday, February 5, 2004



The House of Delegates met at 11:00 a.m., and was called to order by the 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 4, 2004, being the first order of business, when the further reading thereof was dispensed with and the same approved.


Committee Reports


Chair Warner, from the Committee on Roads and Transportation, submitted the following report, which was received:

Your Committee on Roads and Transportation has had under consideration:

H. B. 2238, Requiring a certified railroad locomotive engineer to be in direct control of a train or locomotive movement,

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. 2238) was referred to the Committee on the Judiciary.

Chairman Warner, from the Committee on Roads and Transportation, submitted the following report, which was received:

Your Committee on Roads and Transportation has had under consideration:

H. B. 4135, Regulating motor carriers transporting construction materials and equipment and limiting driver hours,

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. 4135) was referred to the Committee on the Judiciary.

Chairman Proudfoot, from the Committee on Political Subdivisions, submitted the following report, which was received:

Your Committee on Political Subdivisions has had under consideration:

H. B. 2259, Allowing the civil service commission to increase the maximum age of applicants,

And reports the same back, by unanimous vote of the Committee, 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. 2259) was referred to the Committee on the Judiciary.

On motion for leave, a concurrent resolution was introduced (Originating in the Committee on Health and Human Resources and reported with the recommendation that it be adopted), which was read by its title and referred to the Committee on Rules, as follows:
By Delegates Perdue, Hatfield, Brown, DeLong, Foster, Iaquinta, Mahan, Paxton, Susman, Webster, Yost, Ashley, Carmichael, Hall, Howard, Schadler, Sobonya, Sumner and Wakim:


H. C. R. 21
- "Requesting the Secretary of the Department of Health and Human Resources to reconsider the flawed award of the current Donated Vehicles Program in effect through June 30, 2004; to publically bid the statewide Donated Vehicles Program as of July 1, 2004; and to initiate proceedings to recoup appropriate moneys out of the twenty four million dollars expended by the Department over a three year period for the discredited and now terminated WHEELS Program."

Whereas, The WHEELS program developed by the West Virginia Department of Health and Human Resources involved the leasing of motor vehicles to Temporary Assistance to Needy Families (TANF) individuals at a monthly rental cost to the TANF recipient; and

Whereas, the Department of Health and Human Resources expended twenty four million dollars over a three year period for the WHEELS Program; and

Whereas, the Department of Health and Human Resources later ascertained that the WHEELS Program resulted in great monetary benefits to the vendors of the motor vehicles, but very little, if any, benefit to the TANF recipients; and

Whereas, the Department of Health and Human Resources, to its credit terminated the discredited WHEELS Program and started a new Donated Vehicles Program, which said Program expires on June 30, 2004; and

Whereas, The Good News Mountaineer Garage originated the highly successful Donated Vehicles Program, which solicits used cars donated by private citizens, corporations and organizations and gives those donated vehicles free of charge to TANF recipients; and

Whereas, the successful history of the Good News Mountaineer Garage was premised on significant advertising and marketing throughout the state and the metropolitan area of Washington, D.C., with resulting numerous vehicle donors in those targeted areas; and

Whereas, The Good News Mountaineer Garage, notwithstanding its prior successes, was not awarded the current statewide Donated Vehicles Program by Department of Health and Human Resources; and

Whereas, The Department of Health and Human Resources instead awarded the statewide Donated Vehicles Program for the current period to an organization that is closely involved with the discredited WHEELS Program, that budgeted minimal marketing moneys and that has no projected marketing director or budgeted salary for a marketing director; and

Whereas, both the terminated WHEELS Program and the current award by the Department of Health and Human Resources of the statewide Donated Vehicles Program are now being investigated by various authorities; and

Whereas, The Department of Health and Human Resources has taken the position that the Department will not publically bid the upcoming statewide Donated Vehicles Program commencing July 1, 2004; and

Whereas, the Legislature finds that the Donated Vehicles Program contract awarded by the Department of Health and Human Resources should, like all state contracts, be based upon prudence, sound business principles and accountability, and should not result in a monetary loss to the state or detrimental harm to those persons whom contract was meant to benefit; and

Whereas, the Legislature desires the Secretary of the Department of Health and Human Resources to reconsider the existing contract for the Donated Vehicles Program, to publicly bid any new contract for such services, and to recoup moneys lost through the now defunct WHEELS Program; therefore, be it
Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the Secretary to reconsider the flawed award of the current Donated Vehicles Program that expires on June 30, 2004 and determine whether it should be voided, rebid or re-awarded to another party; and, be it

Further resolved, That the Legislature hereby requests the Secretary of the Department of Health and Human Resources to publically bid the statewide Donated Vehicles Program as of July 1, 2004; and, be it

Further Resolved, That the Legislature hereby requests the Secretary to initiate proceedings to recoup appropriate moneys out of the twenty four million dollars expended by the Department over a three year period for the discredited and now terminated WHEELS Program; and, be it

Further Resolved, That the Secretary of the Department of Health and Human Resources shall report back to the Legislative Oversight Commission on Health and Human Resources Accountability on or before the first day of May, 2004, and thereafter as may be required, as to the decision of the Department on these issues and the success of the Department in recovering moneys expended on the WHEELS Program.

Chairman Perdue, 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:

H. B. 4201, Health and Human Resources, eligibility standards for economic assistance from James "Tiger" Morton catastrophic illness fund,

H. B. 4202, Health, assisted living residences,

And,

H. B. 4209, Health, residential board and care homes,

And reports the same back, by unanimous vote of the Committee, with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.

In accordance with the former direction of the Speaker, the bills (H. B. 4201, H. B. 4202 and H. B. 4209) were each referred to the Committee on the Judiciary.

Chairman Campbell, from the Committee on Pensions and Retirement, submitted the following report, which was received:

Your Committee on Pensions and Retirement has had under consideration:

H. B. 4252, Allowing the purchase of up to four years of CETA time in the teachers retirement system,

And reports the same back, by unanimous vote of the Committee, 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. 4252) was referred to the Committee on Finance.

Chairman R. M. Thompson, from the Committee on Banking and Insurance, submitted the following report, which was received:

Your Committee on Banking and Insurance has had under consideration:

H. B. 4052, Increasing the number of persons to whom credit union services would be extended,

And,

H. B. 4168, Requiring lenders to have the funds for mortgage loans available at the appropriate time,

And reports the same back, by unanimous vote of the Committee, 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. 4052 and H. B. 4168) were each referred to the Committee on the Judiciary.

Chairman R. M. Thompson, from the Committee on Banking and Insurance, submitted the following report, which was received:

Your Committee on Banking and Insurance has had under consideration:

H. B. 4179, Banking, rule pertaining to residential mortgage lenders, brokers and loan originators,

And reports the same back, by unanimous vote of the Committee, 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. 4179) was referred to the Committee on the Judiciary.

Chairman H. White, from the Committee on Banking and Insurance, submitted the following report, which was received:

Your Committee on Banking and Insurance has had under consideration:

H. B. 4214, Insurance Commissioner, licensing and conduct of individual producers, agencies and solicitors,

H. B. 4216, Insurance Commissioner, medicare supplement insurance,

And,

H. B. 4217, Insurance Commissioner, accident and sickness rate filing,

And reports the same back, by unanimous vote of the Committee, with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.

In accordance with the former direction of the Speaker, the bills (H. B. 4214, H. B. 4216 and H. B. 4217) were each referred to the Committee on the Judiciary.

Chairman Stemple, from the Committee on Agriculture and Natural Resources, submitted the following report, which was received:

Your Committee on Agriculture and Natural Resources has had under consideration:

H. B. 4096, Increasing the veterinary fee for each cat and dog vaccinated for rabies,

And reports back a committee substitute therefor, by unanimous vote of the Committee, with the same title, as follows:

Com. Sub. for H. B. 4096 - "A Bill to amend and reenact §19-20A-5 of the code of West Virginia, 1931, as amended, relating to vaccination of dogs and cats; increasing the veterinary fee for vaccinating dogs and cats for rabies from four dollars to eight dollars,"

With the recommendation that the committee substitute do pass, and with the recommendation that second reference to the Committee on Finance be dispensed with.

In the absence of objection, reference of the bill (Com. Sub. for H. B. 4096) to the Committee on Finance was abrogated.

Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (Com. Sub. for H. B. 4096) will be placed on the Consent Calendar.

Chairman Yeager, from the Committee on Agriculture and Natural Resources, submitted the following report, which was received:

Your Committee on Agriculture and Natural Resources has had under consideration:

H. B. 4167, Creating the Exotic Animal Control Board to protect the health and safety of humans and the state's agricultural and forestry industries, its wildlife and other natural resource interests from the introduction or spread of disease,

And reports the same back, by unanimous vote of the Committee, 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. 4167) was referred to the Committee on Government Organization.

Chairman Stemple, from the Committee on Agriculture and Natural Resources, submitted the following report, which was received:

Your Committee on Agriculture and Natural Resources has had under consideration:

H. B. 4067, Modifying and updating auctioneer licensing requirements, fees, and continuing education,

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

In accordance with the former direction of the Speaker, the bill (H. B. 4067) was referred to the Committee on Government Organization.

Mr. Speaker, Mr. Kiss, from the Committee on Rules, submitted the following report, which was received:

Your Committee on Rules has had under consideration:

H. C. R. 12, Naming the newly constructed concrete bridge on County Road 13 in Saxon, Raleigh County, West Virginia, the "PFC John Michael Davis Memorial Bridge",

And reports the same back with the recommendation that it be adopted.


Messages from the Executive


Mr. Speaker, Mr. Kiss, presented a communication from His Excellency, the Governor, advising that on February 3, 2004, he approved S. B. 190.


Messages from the Senate


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. 163 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §22-25-1, §22-25-2, §22-25-3, §22-25-4, §22-25-5 and §22-25-6, all relating to establishing the water resources protection act; providing that the state reserves a sovereign interest in the waters of the state as a valuable public resource; declaring the state shall claim and protect state waters for the use and benefit of its citizens; providing for preservation of common law rights and water as a natural resource; providing that a water use survey of state waters be undertaken by the secretary of the department of environmental protection; requiring the secretary to coordinate survey with state agencies and report to a legislative oversight commission; requiring persons making withdrawals exceeding seven hundred fifty thousand to participate; requiring the secretary to use reasonable alternatives for estimating usage; requiring persons participating in survey to submit accurate information; authorizing the secretary to coordinate with the United States geological survey; establishing confidentiality of submitted information and exceptions; providing criteria for requesting and receiving confidentiality designation; establishing requirements for requesting confidential documents and appeal process; establishing a joint legislative oversight commission to monitor survey and develop policies; and providing civil penalties for noncompliance"; 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. 231 - "A Bill to amend and reenact §7-1-3v of the code of West Virginia,1931, as amended, relating to county commissions generally; authorizing county commissions to identify flood plain areas to protect health, safety and welfare; and permitting county commissions to establish a flood plain enforcement agency to enforce building codes necessary to comply with the requirements of the National Flood Insurance Act"; which was referred to the Committee on Political Subdivisions then Government Organization.

A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:

S. C. R. 15 - "Requesting the Division of Highways name the bridge on Route 33 East in Ripley, Jackson County, near the Ripley Volunteer Fire Department, the 'McGinley Memorial Bridge' in honor of C. E. 'Skip' McGinley and Willa C. McGinley."

Whereas, C. E. "Skip" McGinley and Willa C. McGinley were husband and wife who had a combined 31 years of service in Ripley city government. C. E. "Skip" McGinley's many contributions included years of involvement with the leadership of the Ripley Volunteer Fire Department. He was also a member of the Ripley City Council and served as its City Recorder. During those same years, Willa McGinley served the young people of the community as an English teacher at Ripley High School where she also served as faculty director for countless theatrical productions. She was active in civic projects for the Women's Club of Ripley and the Jackson County Pilot Club. Her artistic skills provided a painting of the annual Fourth of July celebration in Ripley that served to promote this event on postcards distributed across the region; and

Whereas, Upon the passing of C. E. "Skip" McGinley and the retirement of Willa McGinley from education, Willa completed her late husband's term in office as City Recorder and then became the first woman elected Mayor of Ripley. She was reelected Mayor three more times; and

Whereas, Willa McGinley passed away in August, 2003, after a long illness; and

Whereas, Ripley is a better place because C. E. "Skip" and Willa McGinley chose to call it home and, while they are no longer physically with us, it is important that they should not be forgotten; therefore, be it
Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the Division of Highways name the bridge on Route 33 East in Ripley, Jackson County, near the Ripley Volunteer Fire Department, the "McGinley Memorial Bridge" in honor of C. E. "Skip" McGinley and Willa C. McGinley; and, be it

Further Resolved, That the Division of Highways provide and erect a sign at either end of the bridge displaying the name of the 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 the family of the late C. E. "Skip" McGinley and Willa C. McGinley.

A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:

S. C. R. 17 - "Requesting the Division of Highways name the new bridge crossing Salt Lick Creek near Rowlesburg, Preston County, known as the Rowlesburg RR Truss, the 'Charles B. Felton, Jr., Bridge'."

Whereas, The Honorable Charles B. Felton, Jr., has served the citizens of Rowlesburg, Preston County, as a member of the Town Council and as a member of the Park Commission. He has also served as a member of the Preston County Board of Education; and

Whereas, The Honorable Charles B. Felton, Jr., was appointed to the West Virginia Senate in 1987. He was elected to the Senate in 1988 and in 1992; and

Whereas, In 1993, the Honorable Charles B. Felton, Jr., resigned from the Senate and was appointed by Governor Gaston Caperton as Director of the Division of Natural Resources. As Director, he pursued the enhancement of educational programs, especially for West Virginia's young people. He also implemented programs and projects that expanded the public awareness and appreciation of West Virginia's resources; and

Whereas, After retiring in 1996, the Honorable Charles B. Felton, Jr., began working with the Attorney General's Office, Consumer Protection Division, and was responsible for preneed funeral investigations and other special projects. He later served as Legislative Liaison for the Attorney General's Office; and

Whereas, In February, 2001, the Honorable Charles B. Felton, Jr., joined the staff of the Governor's Office as Assistant Legislative Liaison. In this new position, he pursued the Governor's legislative agenda and also provided county and local governments with a direct contact in the Governor's Office; and

Whereas, It is fitting to honor a man who has dedicated much of his life to public service on the city, county and state levels of government. The Honorable Charles B. Felton, Jr., is an extraordinary gentleman who has earned the respect of all who know him due to his dedication and commitment to public service; therefore, be it
Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the Division of Highways name the new bridge crossing Salt Lick Creek near Rowlesburg, Preston County, known as the Rowlesburg RR Truss, the "Charles B. Felton, Jr., Bridge"; and, be it

Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the new bridge crossing Salt Lick Creek near Rowlesburg, Preston County, as the "Charles B. Felton, Jr., 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.

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendments, a bill of the House of Delegates as follows:

Com. Sub. for H. B. 4022, Creating "The All-Terrain Vehicle Safety Regulation Act".

On motion of Delegate Staton, the bill was taken up for immediate consideration.

The following Senate amendments were reported by the Clerk:

On page one, by striking out everything after the article heading and inserting in lieu thereof the following:
"§17F-1-1. Short title.
This article shall be known and may be cited as 'The Child Safety All-Terrain Vehicle Act'.
§17F-1-2. Acts prohibited by operator.


(a) In addition to any other provision of this code requiring measures for child safety, no all- terrain vehicle may be operated in West Virginia by a person less than eighteen years of age or with a passenger less than eighteen years of age as follows:

(1) Unless all persons on the all-terrain vehicle who are under the age of eighteen are wearing protective helmets. Any helmet worn by such child shall meet the current performance specifications established by the American national standards institute standard, Z 90.1, the United States department of transportation federal motor vehicle safety standard no. 218 or the Snell safety standards for protective headgear for vehicle users;

(2) With any passenger, unless the manufacturer has specified that the all-terrain vehicle is designed for and may be safely used by a rider and one or more passengers;

(3) Anytime from sunset to sunrise unless accompanied by a parent or guardian and utilizing the vehicle's illuminated headlight or lights and taillights;

(4) Without a manufacturer-installed or equivalent spark arrester and muffler in proper working order and properly connected to the vehicle's exhaust system;

(5) Unless having completed safety training as required in section two of this article;

(6) In a careless or reckless manner so as to endanger or cause injury or damage to any person or property;

(7) When operated at a speed greater than the speed allowed for motor vehicles passing near a school while children are present.

(b) No provision of this section may be construed to prohibit a municipal, county or state law-enforcement officer from entering upon private lands while in active pursuit of an operator of an all-terrain vehicle who is a child, or who may be operating an all-terrain vehicle with a child passenger, and who has violated a provision of this section if the violation occurred in the officer's presence.

(c) No operator of an all-terrain vehicle who is a child or who has a child passenger may operate an all-terrain vehicle upon the fenced, enclosed or posted grounds or lands of another person without the written permission of the landowner or authorized agent of the landowner. Each operator while operating an all-terrain vehicle on such land must have the landowner's or his or her authorized agent's written permission in his or her possession.
§17F-1-3. Safety training.

(a) On and after the first day of January, two thousand five, the commissioner of the division of motor vehicles shall offer a free all-terrain vehicle rider safety training course, and may approve other free all-terrain vehicle rider safety training courses, to meet the reasonably anticipated needs of the public. The commissioner shall offer safety training course materials free of charge to authorized dealers of all-terrain vehicles. The materials and courses shall be provided by the authorized dealers free of charge to purchasers and potential purchasers.

(b) The commissioner shall issue certificates of completion to persons who satisfactorily complete the requirements of an approved course. The commissioner may authorize a dealer of all- terrain vehicles to issue the certificates of completion so long as the dealer has provided a free rider safety training course, as authorized and approved by the division.

(c) On and after the first day of January, two thousand five, a person under the age of eighteen years old may operate an all-terrain vehicle only after obtaining a certificate of completion of an all-terrain vehicle rider training course offered or approved by the commissioner. A person with a valid driver's license who is eighteen years of age or older may operate an all-terrain vehicle without a certificate of completion.

(d) The certificate of completion shall specify the engine capacity of the all-terrain vehicle the certificate holder is authorized to operate. The determination of authorized engine capacity may be based upon the age, size, strength and coordination of the child and his or her proven ability to safely operate an all-terrain vehicle of a specified size. The parent or legal guardian of a child under the age of eighteen may request that the commissioner certify a larger engine capacity all-terrain vehicle for the child if the child has safely operated an all-terrain vehicle with a larger engine capacity prior to the enactment of this article. The parent or legal guardian must certify that the all- terrain vehicle is owned by the child, parent, legal guardian or grandparent of the child and that it is primarily used by the child. The child must satisfactorily complete an approved safety training course on the larger all-terrain vehicle. The provisions of this subsection that authorize the certification of children for operation of larger that the approved size for all-terrain vehicles by the commissioner of the division of motor vehicles expires twenty-four months after the enactment of this article.
§17F-1-4. All-terrain vehicle rental dealers required to provide safety equipment.


Any person or entity renting or leasing all-terrain vehicles for recreational purposes must provide protective helmets as defined by the provisions of section forty-four, article fifteen, chapter seventeen-c of this code to all persons using such vehicles who are under the age of eighteen and offer protective helmets to all persons eighteen years of age and older using the rented or leased vehicles: Provided, That for the provisions of this section to be applicable, the users of the all- terrain vehicle must be known to the person or entity providing the rented or leased vehicle.
§17F-1-5. Criminal penalties.

(a) Notwithstanding the provisions of subsection (b) of this section and in addition to any other legal remedy for violation of civil or criminal provisions of this code, any person who violates or who owns or has control over an all-terrain vehicle and knowingly permits it to be used by a child in violation of the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars.

(b) Any parent, legal guardian or person who has actual responsibility for a child under eighteen years of age who knows or should have known the child is operating or is a passenger on an all-terrain vehicle without a helmet as required under the provisions of subdivision (1), subsection (a), section two of this article is guilty of a misdemeanor and shall, upon conviction of a first offense, be fined not less than fifty dollars nor more than one hundred dollars or, in the discretion of the court, sentenced to perform not more than ten hours of community service, or both. Upon conviction of a second offense, he or she shall be fined not less than one hundred dollars nor more than two hundred dollars or, in the discretion of the court, sentenced to perform not more than twenty hours of community service, or both. Upon conviction of a third or subsequent offense, he or she shall be fined not less than two hundred dollars nor more than five hundred dollars or, in the discretion of the court, sentenced to perform not more than one hundred hours of community service, or both.
§17F-1-6. Applicability of the rules of the road.

Notwithstanding any provision of the law to the contrary, whenever an all-terrain vehicle is operated on any public road or highway, the operator shall adhere to all statutes or rules applicable to a motor vehicle operating on any public or highway in this state: Provided, That no all-terrain vehicle is required to have a registration plate."

And,

By amending the title of the bill to read as follows:

Com. Sub. for H. B. 4022 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new chapter, designated §17F-1-1, §17F-1-2, §17F-1-3, §17F-1-4, §17F-1-5 and §17F-1-6, all relating to child safety in regard to all-terrain vehicles; creating the child safety all- terrain vehicle act of 2004; requiring children under the age of eighteen riding or operating an all- terrain vehicle to wear an approved helmet; prohibiting passengers in certain circumstances; prohibiting children under the age of eighteen from riding or operating an all-terrain vehicle after sunset unless accompanied by a parent or guardian; requiring certain safety equipment on all-terrain vehicles; setting speed limits for operation of an all-terrain vehicle by a child under the age of eighteen; prohibiting operation of an all-terrain vehicle in a careless or reckless manner; authorizing law-enforcement officers to enter private lands in pursuit of an all-terrain vehicle when a violation of law has occurred; requiring written permission to operate an all-terrain vehicle on private lands; requiring safety training; establishing safety training requirements and exemptions; requiring all- terrain vehicle rental dealers to provide safety equipment; establishing criminal penalties and providing that traffic laws and rules apply to all-terrain vehicles except the requirements for registration."

Delegate Trump moved that the House of Delegates concur in the Senate amendment with amendment, as follows:

On page six of the Senate amendment, section six, line thirteen, after the word "contrary" and the comma, by striking out the remainder of the section and inserting in lieu thereof the following:

"no all-terrain vehicle may be operated on any paved public road or highway in this state except as follows:

  1. By public safety personnel responding to emergencies:


(B)Except for the purpose of crossing the road, street or highway, other than an interstate highway, divided highway or a highway with a speed limit of greater than fifty-five miles an hour; if:

(1) The crossing is made at an angle of approximately ninety degrees to the direction of the road or highway and at a place where no obstruction prevents a quick and safe crossing;

(2) The vehicle is brought to a complete stop before crossing the shoulder or main traveled way of the road or highway;

(3) The operator yields his or her right of way to all oncoming traffic that constitutes an immediate potential hazard; and,

(4) Both the headlight and taillight are illuminated when the crossing is made if the vehicle is so equipped; and

(C) Farm use.

(D) Any violation of the provisions of this section shall be punishable by a fine not to exceed one hundred dollars."

On the adoption of the amendment to the Senate amendment, Delegate Trump demanded the yeas and nays, which demand was sustained.

The yeas and nays having been ordered, they were taken (Roll No. 76), and there were--yeas 28, nays 70, absent and not voting 2, with the yeas and absent and not voting being as follows:

Yeas: Armstead, Blair, Calvert, Doyle, Duke, Evans, Faircloth, Fleischauer, Foster, Frich, Hall, Leggett, Louisos, Manuel, Overington, Palumbo, Schadler, Schoen, Smirl, Sobonya, Spencer, Sumner, Susman, Tabb, Trump, Wakim, Walters and Webb.

Absent And Not Voting: Coleman and Shelton.
So, a majority of the members present and voting not having voted in the affirmative, the amendment to the Senate amendment was not adopted.

Delegate Trump then offered the following amendment to the Senate amendment:

On page six of the Senate amendment, section six, line seventeen, after the word "state", by striking out the remainder of this section and inserting in lieu thereof a comma and the following: "including, but not limited to, the requirements of registration under Chapter 17A of this code, traffic regulations and rules of the road under Chapter 17C, and motor vehicle safety responsibility laws under Chapter 17D of this code."

On the adoption of the amendment to the Senate amendment, Delegate Trump demanded the yeas and nays, which demand was sustained.

The yeas and nays having been ordered, they were taken (Roll No. 77), and there were--yeas 35, nays 63, absent and not voting 2, with the yeas and absent and not voting being as follows:

Yeas: Anderson, Armstead, Ashley, Blair, Border, Brown, Calvert, Canterbury, Carmichael, Duke, Ellem, Evans, Faircloth, Foster, Frich, Hall, Hamilton, Howard, Leggett, Manuel, Overington, Palumbo, Romine, Schadler, Schoen, Smirl, Sobonya, Sumner, Susman, Tabb, Trump, Wakim, Walters, Webb and G. White.

Absent And Not Voting: Coleman and Shelton.
So, a majority of the members present and voting not having voted in the affirmative, the amendment to the Senate amendment was not adopted.

On motion of Delegate Staton, the House of Delegates then refused to concur in the Senate amendments and requested the Senate to recede therefrom.

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

A message from the Senate, by
The Clerk of the Senate, announced the adoption of the report of the Committee of Conference on, and the passage, as amended by said report, and requested the concurrence of the House of Delegates in the passage, of

S. B. 166, Reducing allowable blood alcohol content for DUI.


Conference Committee Report


Delegate Craig, from the Committee of Conference on matters of disagreement between the two houses, as to

S. B. 166, Reducing allowable blood alcohol content for DUI.

Submitted the following report, which was received:

Your Committee of Conference on the disagreeing votes of the two houses on the amendment of the Senate to S. B. 166, having met, after full and free conference, have agreed to recommend and do recommend to their respective houses as follows:

That both houses recede from their respective positions as to the amendment of the House of Delegates following the enacting clause, striking out the remainder of the bill and inserting new language, and agree to the same as follows:

That the code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §8-11-1b; that §17B-4-3 of said code be amended and reenacted; that §17C-5-2, §17C-5-6a and §17C-5-8 of said code be amended and reenacted; that §17C-5A-1, §17C-5A-1a, §17C-5A-2 and §17C-5A-3a of said code be amended and reenacted; that §20-7-18 and §20-7-18b of said code be amended and reenacted; that §33-6A-1 of said code be amended and reenacted; that said code be amended by adding thereto a new section, designated §50-3-2b; and that said code be amended by adding thereto a new section, designated §59-1-11a, all to read as follows:
CHAPTER 8. MUNICIPAL CORPORATIONS.
ARTICLE 11. POWERS AND DUTIES WITH RESPECT TO ORDINANCES AND ORDINANCE PROCEDURES.

§8-11-1b. Additional costs in certain criminal proceedings.


(a) In each criminal case before a mayor or in the municipal court of a municipality in which the defendant is convicted, whether by plea or at trial, under the provisions of a municipal ordinance which has the same elements as an offense described in section two, article five, chapter seventeen-c or section eighteen-b, article seven, chapter twenty of this code, there shall be imposed, in addition to other costs, fines, forfeitures or penalties as may be allowed by law, costs in the amount of fifty- five dollars. The clerk of each municipal court, or other person designated to receive fines and costs, shall, for purposes of further defraying the cost to the municipality of enforcing the provisions of the ordinance or ordinances described in this section and related provisions, deposit these moneys in the general revenue fund of the municipality. The provisions of this section shall be effective after the thirtieth day of June, two thousand four.
CHAPTER 17B. MOTOR VEHICLE DRIVER'S LICENSES.
ARTICLE 4. VIOLATIONS OF LICENSE PROVISIONS.
§17B-4-3. Driving while license suspended or revoked; driving while license revoked for driving under the influence of alcohol, controlled substances or drugs, or while having alcoholic concentration in the blood of eight hundredths of one percent or more, by weight, or for refusing to take secondary chemical test of blood alcohol contents.


(a) Except as otherwise provided in subsection (b) or (d) of this section, any person who drives a motor vehicle on any public highway of this state at a time when his or her privilege to do so has been lawfully suspended or revoked by this state or any other jurisdiction is, for the first offense, guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred dollars nor more than five hundred dollars; for the second offense, the person is guilty of a misdemeanor and, upon conviction thereof, shall be confined in a county or regional jail for a period of ten days and, in addition to the mandatory jail sentence, shall be fined not less than one hundred dollars nor more than five hundred dollars; for the third or any subsequent offense, the person is guilty of a misdemeanor and, upon conviction thereof, shall be confined in a county or regional jail for six months and, in addition to the mandatory jail sentence, shall be fined not less than one hundred fifty dollars nor more than five hundred dollars.

(b) Any person who drives a motor vehicle on any public highway of this state at a time when his or her privilege to do so has been lawfully revoked for driving under the influence of alcohol, controlled substances or other drugs, or for driving while having an alcoholic concentration in his or her blood of ten eight hundredths of one percent or more, by weight, or for refusing to take a secondary chemical test of blood alcohol content, is, for the first offense, guilty of a misdemeanor and, upon conviction thereof, shall be confined in a county or regional jail for six months and in addition to the mandatory jail sentence, shall be fined not less than one hundred dollars nor more than five hundred dollars; for the second offense, the person is guilty of a misdemeanor and, upon conviction thereof, shall be confined in a county or regional jail for a period of one year and, in addition to the mandatory jail sentence, shall be fined not less than one thousand dollars nor more than three thousand dollars; for the third or any subsequent offense, the person is guilty of a felony and, upon conviction thereof, shall be imprisoned in the penitentiary a state correctional facility for not less than one year nor more than three years and, in addition to the mandatory prison sentence, shall be fined not less than three thousand dollars nor more than five thousand dollars.

(c) Upon receiving a record of the first or subsequent conviction of any person under subsection (b) of this section upon a charge of driving a vehicle while the license of such person was lawfully suspended or revoked, the division shall extend the period of such suspension or revocation for an additional period of one year from and after the date such person would otherwise have been entitled to apply for a new license. Upon receiving a record of the second or subsequent conviction of any person under subsection (a) of this section upon a charge of driving a vehicle while the license of such person was lawfully suspended or revoked, the division shall extend the period of such suspension or revocation for an additional period of one year from and after the date such person would otherwise have been entitled to apply for a new license.

(d) Any person who drives a motor vehicle on any public highway of this state at a time when his or her privilege to do so has been lawfully suspended for driving while under the age of twenty-one years with an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than ten eight hundredths of one percent, by weight, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in a county or regional jail for twenty-four hours or shall be fined not less than fifty dollars nor more than five hundred dollars, or both.

(e) An order for home detention by the court pursuant to the provisions of article eleven-b, chapter sixty-two of this code may be used as an alternative sentence to any period of incarceration required by this section.

CHAPTER 17C. TRAFFIC REGULATIONS AND LAWS OF THE ROAD.
ARTICLE 5. SERIOUS TRAFFIC OFFENSES.
§17C-5-2. Driving under influence of alcohol, controlled substances or drugs; penalties.


(a) Any person who:

(1) Drives a vehicle in this state while he or she:

(A) Is under the influence of alcohol; or

(B) Is under the influence of any controlled substance; or

(C) Is under the influence of any other drug; or

(D) Is under the combined influence of alcohol and any controlled substance or any other drug; or

(E) Has an alcohol concentration in his or her blood of ten eight hundredths of one percent or more, by weight; and

(2) When so driving does any act forbidden by law or fails to perform any duty imposed by law in the driving of the vehicle, which act or failure proximately causes the death of any person within one year next following the act or failure; and

(3) Commits the act or failure in reckless disregard of the safety of others, and when the influence of alcohol, controlled substances or drugs is shown to be a contributing cause to the death, is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one nor more than ten years and shall be fined not less than one thousand dollars nor more than three thousand dollars.

(b) Any person who:

(1) Drives a vehicle in this state while he or she:

(A) Is under the influence of alcohol; or

(B) Is under the influence of any controlled substance; or

(C) Is under the influence of any other drug; or

(D) Is under the combined influence of alcohol and any controlled substance or any other drug; or

(E) Has an alcohol concentration in his or her blood of ten eight hundredths of one percent or more, by weight; and

(2) When so driving does any act forbidden by law or fails to perform any duty imposed by law in the driving of the vehicle, which act or failure proximately causes the death of any person within one year next following the act or failure, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in the county or regional jail for not less than ninety days nor more than one year and shall be fined not less than five hundred dollars nor more than one thousand dollars.

(c) Any person who:

(1) Drives a vehicle in this state while he or she:

(A) Is under the influence of alcohol; or

(B) Is under the influence of any controlled substance; or

(C) Is under the influence of any other drug; or

(D) Is under the combined influence of alcohol and any controlled substance or any other drug; or

(E) Has an alcohol concentration in his or her blood of ten eight hundredths of one percent or more, by weight; and

(2) When so driving does any act forbidden by law or fails to perform any duty imposed by law in the driving of the vehicle, which act or failure proximately causes bodily injury to any person other than himself or herself, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in the county or regional jail for not less than one day nor more than one year, which jail term is to include actual confinement of not less than twenty-four hours, and shall be fined not less than two hundred dollars nor more than one thousand dollars.

(d) Any person who:

(1) Drives a vehicle in this state while he or she:

(A) Is under the influence of alcohol; or

(B) Is under the influence of any controlled substance; or

(C) Is under the influence of any other drug; or

(D) Is under the combined influence of alcohol and any controlled substance or any other drug; or

(E) Has an alcohol concentration in his or her blood of ten eight hundredths of one percent or more, by weight;

(2) Is guilty of a misdemeanor and, upon conviction thereof, shall be confined in the county or regional jail for not less than one day nor more than six months, which jail term is to include actual confinement of not less than twenty-four hours, and shall be fined not less than one hundred dollars nor more than five hundred dollars.

(e) Any person who, being an habitual user of narcotic drugs or amphetamine or any derivative thereof, drives a vehicle in this state, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in the county or regional jail for not less than one day nor more than six months, which jail term is to include actual confinement of not less than twenty-four hours, and shall be fined not less than one hundred dollars nor more than five hundred dollars.

(f) Any person who:

(1) Knowingly permits his or her vehicle to be driven in this state by any other person who: (A) Is under the influence of alcohol; or

(B) Is under the influence of any controlled substance; or

(C) Is under the influence of any other drug; or

(D) Is under the combined influence of alcohol and any controlled substance or any other drug; or

(E) Has an alcohol concentration in his or her blood of ten eight hundredths of one percent or more, by weight;

(2) Is guilty of a misdemeanor and, upon conviction thereof, shall be confined in the county or regional jail for not more than six months and shall be fined not less than one hundred dollars nor more than five hundred dollars.

(g) Any person who knowingly permits his or her vehicle to be driven in this state by any other person who is an habitual user of narcotic drugs or amphetamine or any derivative thereof, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in the county or regional jail for not more than six months and shall be fined not less than one hundred dollars nor more than five hundred dollars.

(h) Any person under the age of twenty-one years who drives a vehicle in this state while he or she has an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than ten eight hundredths of one percent, by weight, for a first offense under this subsection, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than twenty-five dollars nor more than one hundred dollars. For a second or subsequent offense under this subsection, the person is guilty of a misdemeanor and, upon conviction thereof, shall be confined in the county or regional jail for twenty-four hours, and shall be fined not less than one hundred dollars nor more than five hundred dollars. A person who is charged with a first offense under the provisions of this subsection may move for a continuance of the proceedings from time to time to allow the person to participate in the vehicle alcohol test and lock program as provided for in section three-a, article five-a of this chapter. Upon successful completion of the program, the court shall dismiss the charge against the person and expunge the person's record as it relates to the alleged offense. In the event the person fails to successfully complete the program, the court shall proceed to an adjudication of the alleged offense. A motion for a continuance under this subsection may not be construed as an admission or be used as evidence.

A person arrested and charged with an offense under the provisions of subsection (a), (b), (c), (d), (e), (f), (g) or (i) of this section may not also be charged with an offense under this subsection arising out of the same transaction or occurrence.

(i) Any person who:

(1) Drives a vehicle in this state while he or she:

(A) Is under the influence of alcohol; or

(B) Is under the influence of any controlled substance; or

(C) Is under the influence of any other drug; or

(D) Is under the combined influence of alcohol and any controlled substance or any other drug; or

(E) Has an alcohol concentration in his or her blood of ten eight hundredths of one percent or more, by weight; and

(2) The person when so driving has on or within the motor vehicle one or more other persons who are unemancipated minors who have not reached their sixteenth birthday, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in the county or regional jail for not less than two days nor more than twelve months, which jail term is to include actual confinement of not less than forty-eight hours, and shall be fined not less than two hundred dollars nor more than one thousand dollars.

(j) A person violating any provision of subsection (b), (c), (d), (e), (f), (g) or (i) of this section, for the second offense under this section, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in the county or regional jail for not less than six months nor more than one year, and the court may, in its discretion, impose a fine of not less than one thousand dollars nor more than three thousand dollars.

(k) A person violating any provision of subsection (b), (c), (d), (e), (f), (g) or (i) of this section, for the third or any subsequent offense under this section, is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one nor more than three years, and the court may, in its discretion, impose a fine of not less than three thousand dollars nor more than five thousand dollars.

(l) For purposes of subsections (j) and (k) of this section relating to second, third and subsequent offenses, the following types of convictions are to be regarded as convictions under this section:

(1) Any conviction under the provisions of subsection (a), (b), (c), (d), (e) or (f) of this section or of the under a prior enactment of this section for an offense which occurred on or after the first day of September, one thousand nine hundred eighty-one, and prior to the effective date of this section within the ten-year period immediately preceding the date of arrest in the current proceeding;

(2) Any conviction under the provisions of subsection (a) or (b) of the prior enactment of this section for an offense which occurred within a period of five years immediately preceding the first day of September, one thousand nine hundred eighty-one; and

(3) (2) Any conviction under a municipal ordinance of this state or any other state or a statute of the United States or of any other state of an offense which has the same elements as an offense described in subsection (a), (b), (c), (d), (e), (f) or (g) of this section, which offense occurred after the tenth day of June, one thousand nine hundred eighty-three within the ten-year period immediately preceding the date of arrest in the current proceeding.

(m) A person may be charged in a warrant or indictment or information for a second or subsequent offense under this section if the person has been previously arrested for or charged with a violation of this section which is alleged to have occurred within the applicable time periods period for prior offenses, notwithstanding the fact that there has not been a final adjudication of the charges for the alleged previous offense. In that case, the warrant or indictment or information must set forth the date, location and particulars of the previous offense or offenses. No person may be convicted of a second or subsequent offense under this section unless the conviction for the previous offense has become final.

(n) The fact that any person charged with a violation of subsection (a), (b), (c), (d) or (e) of this section, or any person permitted to drive as described under subsection (f) or (g) of this section, is or has been legally entitled to use alcohol, a controlled substance or a drug does not constitute a defense against any charge of violating subsection (a), (b), (c), (d), (e), (f) or (g) of this section.

(o) For purposes of this section, the term "controlled substance" has the meaning ascribed to it in chapter sixty-a of this code.

(p) The sentences provided herein upon conviction for a violation of this article are mandatory and may not be subject to suspension or probation: Provided, That the court may apply the provisions of article eleven-a, chapter sixty-two of this code to a person sentenced or committed to a term of one year or less. An order for home detention by the court pursuant to the provisions of article eleven-b, chapter sixty-two of this code may be used as an alternative sentence to any period of incarceration required by this section. An order for supervision or participation in a community corrections program created pursuant to article eleven-c, chapter sixty-two of this code may be used as an alternative sentence to any period of incarceration required by this section.
§17C-5-6a. Taking a child into custody; driving a motor vehicle with any amount of blood alcohol.


(a) A preliminary breath analysis may be administered to a child whenever a law-enforcement official has reasonable cause to believe the child to have been driving a motor vehicle with any amount of alcohol in his or her blood, for the purpose of determining the child's blood alcohol content. Such breath analysis must be administered as soon as possible after the law-enforcement officer arrives at a reasonable belief that the child has been driving a motor vehicle with any amount of alcohol in his or her blood. Any preliminary breath analysis administered pursuant to this subsection must be administered with a device and in a manner approved by the division of health for that purpose. If a preliminary breath analysis is administered, the results shall be used solely for the purpose of guiding the officer in deciding whether the child, at the time of driving the motor vehicle, had an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, and should therefore be taken into custody to administer a secondary test in accordance with the provisions of this section.

(b) A child may be taken into custody by a law-enforcement official without a warrant or court order if the official has reasonable grounds to believe the child to have been driving a motor vehicle with any amount of alcohol in his or her blood. If a preliminary breath analysis is administered and the results of the analysis indicate that the child has an alcohol concentration in his or her blood of less than two hundredths of one percent, by weight, the child may not be taken into custody unless other grounds exist under subsection (b), section eight, article five, chapter forty-nine of this code. Upon taking a child into custody pursuant to the provisions of this section, the official shall take all reasonable steps to cause notification to be made to the child's parent or custodian or, if the parent or custodian cannot be located, to a close relative.

(c) Upon taking a child into custody pursuant to this section, the official shall take the child to a facility where a secondary test of the child's blood or urine may be administered at the direction of the official or a test of the child's breath may be administered by the official. The law-enforcement agency by which such law-enforcement official is employed shall designate whether the secondary test is a test of either blood, breath or urine: Provided, That if the test so designated is a blood test and the child refuses to submit to the blood test, then the law-enforcement official taking the child into custody shall designate in lieu thereof a breath test to be administered. Notwithstanding the provisions of section seven of this article, a refusal to submit to a blood test only shall not result in the revocation of the child's license to operate a motor vehicle in this state. Any child taken into custody pursuant to this section shall be given a written statement advising him or her that a refusal to submit to a secondary test of either blood, breath or urine, as finally designated by the law-enforcement agency or official in accordance with this subsection, will result in the suspension of his or her license to operate a motor vehicle in this state for a period of at least thirty days or a revocation of the license for a period up to life.

(d) If the law-enforcement official taking the child into custody is employed by a law-enforcement agency which does not have available the testing equipment or facilities necessary to conduct any secondary breath test which may be administered pursuant to the provisions of this section, then the official who took the child into custody may request another qualified person to administer a secondary breath test: Provided, That the breath test shall be administered in the presence of the official who took the child into custody. The results of such breath test may be used in evidence to the same extent and in the same manner as if such test had been conducted by the law-enforcement official who took the child into custody. The qualified person administering the breath test must be a member of the division of public safety [West Virginia state police], the sheriff of the county wherein the child was taken into custody or any deputy of such sheriff, or a law-enforcement official of another municipality within the county wherein the child was taken into custody. Only the person actually administering the secondary breath test is competent to testify as to the results and the veracity of the test. If the secondary test is a blood test, the test shall be conducted in accordance with the provisions of section six of this article.

(e) After taking the child into custody, if the law-enforcement official has reasonable cause to believe that the act of the child in driving the motor vehicle is such that it would provide grounds for arrest for an offense defined under the provisions of section two of this article if the child were an adult, then the official shall proceed to treat the child in the same manner as any other child taken into custody without a warrant or court order, in accordance with the provisions of section eight of this article.

(f) If the results of any secondary test administered pursuant to this section indicate that the child, at the time of driving the motor vehicle, had an alcohol concentration in his or her blood of ten eight hundredths of one percent or less, by weight, and if the law-enforcement official does not have reasonable cause to believe that the act of the child in driving the motor vehicle is such that it would provide grounds for arrest for an offense defined under the provisions of section two of this article if the child were an adult, then the official shall release the child: Provided, That if the results of any secondary test administered pursuant to this section indicate that the child, at the time of driving the motor vehicle, had an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, the child shall only be released to a parent or custodian, or to some other responsible adult.
§17C-5-8. Interpretation and use of chemical test.

(a) Upon trial for the offense of driving a motor vehicle in this state while under the influence of alcohol, controlled substances or drugs, or upon the trial of any civil or criminal action arising out of acts alleged to have been committed by any person driving a motor vehicle while under the influence of alcohol, controlled substances or drugs, evidence of the amount of alcohol in the person's blood at the time of the arrest or of the acts alleged, as shown by a chemical analysis of his or her blood, breath or urine, is admissible, if the sample or specimen was taken within two hours from and after the time of arrest or of the acts alleged. The evidence gives rise to the following presumptions or has the following effect:

(1) Evidence that there was, at that time, five hundredths of one percent or less, by weight, of alcohol in his or her blood, is prima facie evidence that the person was not under the influence of alcohol;

(2) Evidence that there was, at that time, more than five hundredths of one percent and less than ten eight hundredths of one percent, by weight, of alcohol in the person's blood is relevant evidence, but it is not to be given prima facie effect in indicating whether the person was under the influence of alcohol;

(3) Evidence that there was, at that time, ten eight hundredths of one percent or more, by weight, of alcohol in his or her blood, shall be admitted as prima facie evidence that the person was under the influence of alcohol.

(b) A determination of the percent, by weight, of alcohol in the blood shall be based upon a formula of:

(1) The number of grams of alcohol per one hundred cubic centimeters of blood;

(2) The number of grams of alcohol per two hundred ten liters of breath;

(3) The number of grams of alcohol per sixty-seven milliliters of urine; or

(4) The number of grams of alcohol per eighty-six milliliters of serum.

(c) A chemical analysis of a person's blood, breath or urine, in order to give rise to the presumptions or to have the effect provided for in subsection (a) of this section, must be performed in accordance with methods and standards approved by the state division of health. A chemical analysis of blood or urine to determine the alcoholic content of blood shall be conducted by a qualified laboratory or by the state police scientific laboratory of the criminal identification bureau of the West Virginia state police.

(d) The provisions of this article do not limit the introduction in any administrative or judicial proceeding of any other competent evidence bearing on the question of whether the person was under the influence of alcohol, controlled substances or drugs.
ARTICLE 5A. ADMINISTRATIVE PROCEDURES FOR SUSPENSION AND REVOCATION OF LICENSES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL, CONTROLLED SUBSTANCES OR DRUGS.

§17C-5A-1. Implied consent to administrative procedure; revocation for driving under the influence of alcohol, controlled substances or refusal to submit to secondary chemical test.


(a) Any person who is licensed to operate a motor vehicle in this state and who drives a motor vehicle in this state shall be deemed to have given his or her consent by the operation thereof, subject to the provisions of this article, to the procedure set forth in this article for the determination of whether his or her license to operate a motor vehicle in this state should be revoked because he or she did drive a motor vehicle while under the influence of alcohol, controlled substances or drugs, or combined influence of alcohol or controlled substances or drugs, or did drive a motor vehicle while having an alcoholic concentration in his or her blood of ten eight hundredths of one percent or more, by weight, or did refuse to submit to any designated secondary chemical test, or did drive a motor vehicle while under the age of twenty-one years with an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than ten eight hundredths of one percent, by weight.

(b) Any law-enforcement officer arresting a person for an offense described in section two, article five of this chapter or for an offense described in a municipal ordinance which has the same elements as an offense described in said section two of article five shall report to the commissioner of the division of motor vehicles by written statement within forty-eight hours the name and address of the person so arrested. The report shall include the specific offense with which the person is charged, and, if applicable, a copy of the results of any secondary tests of blood, breath or urine. The signing of the statement required to be signed by this subsection shall constitute an oath or affirmation by the person signing the statement that the statements contained therein are true and that any copy filed is a true copy. The statement shall contain upon its face a warning to the officer signing that to willfully sign a statement containing false information concerning any matter or thing, material or not material, is false swearing and is a misdemeanor.

(c) If, upon examination of the written statement of the officer and the tests results described in subsection (b) of this section, the commissioner shall determine that a person was arrested for an offense described in section two, article five of this chapter or for an offense described in a municipal ordinance which has the same elements as an offense described in said section two of article five, and that the results of any secondary test or tests indicate that at the time the test or tests were administered the person had, in his or her blood, an alcohol concentration of ten eight hundredths of one percent or more, by weight, or at the time the person was arrested he or she was under the influence of alcohol, controlled substances or drugs, the commissioner shall make and enter an order revoking the person's license to operate a motor vehicle in this state. If the results of the tests indicate that at the time the test or tests were administered the person was under the age of twenty-one years and had an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than ten eight hundredths of one percent, by weight, the commissioner shall make and enter an order suspending the person's license to operate a motor vehicle in this state. A copy of the order shall be forwarded to the person by registered or certified mail, return receipt requested, and shall contain the reasons for the revocation or suspension and describe the applicable revocation or suspension periods provided for in section two of this article. No revocation or suspension shall become effective until ten days after receipt of a copy of the order.

(d) Any law-enforcement officer taking a child into custody under the provisions of section six-a, article five of this chapter who has reasonable cause to believe that the child, at the time of driving the motor vehicle, had an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, or that the act of the child in driving the motor vehicle was such that it would provide grounds for arrest for an offense defined under the provisions of section two, article five of this chapter if the child were an adult, shall report to the commissioner of the division of motor vehicles by written statement within forty-eight hours the name and address of the child.

(e) If applicable, the report shall include a description of the specific offense with which the child could have been charged if the child were an adult, and a copy of the results of any secondary tests of blood, breath or urine. The signing of the statement required to be signed by this subsection shall constitute an oath or affirmation by the person signing such statement that the statements contained therein are true and that any copy filed is a true copy. Such statement shall contain upon its face a warning to the officer signing that to willfully sign a statement containing false information concerning any matter or thing, material or not material, is false swearing and is a misdemeanor.

(f) Upon examination of the written statement of the officer and any test results described in subsection (d) of this section, if the commissioner determines that the results of the tests indicate that at the time the test or tests were administered the child had, in his or her blood, an alcohol concentration of two hundredths of one percent or more, by weight, but also determines that the act of the child in driving the motor vehicle was not such that it would provide grounds for arrest for an offense defined under the provisions of subsection (a), (b), (c), (d), (e), (f) or (g), section two, article five of this chapter if the child were an adult, the commissioner shall make and enter an order suspending the child's license to operate a motor vehicle in this state. If the commissioner determines that the act of the child in driving the motor vehicle was such that it would provide grounds for arrest for an offense defined under the provisions of subsection (a), (b), (c), (d), (e), (f) or (g), section two, article five of this chapter if the child were an adult, the commissioner shall make and enter an order revoking the child's license to operate a motor vehicle in this state. A copy of such order shall be forwarded to the child by registered or certified mail, return receipt requested, and shall contain the reasons for the suspension or revocation and describe the applicable suspension or revocation periods provided for in section two of this article. No suspension or revocation shall become effective until ten days after receipt of a copy of such order.
§17C-5A-1a. Revocation upon conviction for driving under the influence of alcohol, controlled substances or drugs.


(a) If a person is convicted for an offense defined in section two, article five of this chapter or for an offense described in a municipal ordinance which has the same elements as an offense described in said section two of article five, because the person did drive a motor vehicle while under the influence of alcohol, controlled substances or drugs, or the combined influence of alcohol or controlled substances or drugs, or did drive a motor vehicle while having an alcoholic concentration in his or her blood of ten eight hundredths of one percent or more, by weight, or did drive a motor vehicle while under the age of twenty-one years with an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than ten eight hundredths of one percent, by weight, and if the person does not act to appeal the conviction within the time periods described in subsection (b) of this section, the person's license to operate a motor vehicle in this state shall be revoked or suspended in accordance with the provisions of this section.

(b) The clerk of the court in which a person is convicted for an offense described in section two, article five of this chapter or for an offense described in a municipal ordinance which has the same elements as an offense described in said section two of article five, shall forward to the commissioner a transcript of the judgment of conviction. If the conviction is the judgment of a magistrate court, the magistrate court clerk shall forward the transcript when the person convicted has not requested an appeal within twenty days of the sentencing for such conviction. If the conviction is the judgment of a mayor or police court judge or municipal court judge, the clerk or recorder shall forward the transcript when the person convicted has not perfected an appeal within ten days from and after the date upon which the sentence is imposed. If the conviction is the judgment of a circuit court, the circuit clerk shall forward the transcript when the person convicted has not filed a notice of intent to file a petition for appeal or writ of error within thirty days after the judgment was entered.

(c) If, upon examination of the transcript of the judgment of conviction, the commissioner shall determine that the person was convicted for an offense described in section two, article five of this chapter or for an offense described in a municipal ordinance which has the same elements as an offense described in said section two of article five, because the person did drive a motor vehicle while under the influence of alcohol, controlled substances or drugs, or the combined influence of alcohol or controlled substances or drugs, or did drive a motor vehicle while having an alcoholic concentration in his or her blood of ten eight hundredths of one percent or more, by weight, the commissioner shall make and enter an order revoking the person's license to operate a motor vehicle in this state. If the commissioner determines that the person was convicted of driving a motor vehicle while under the age of twenty-one years with an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than ten eight hundredths of one percent, by weight, the commissioner shall make and enter an order suspending the person's license to operate a motor vehicle in this state. The order shall contain the reasons for the revocation or suspension and the revocation or suspension periods provided for in section two of this article. Further, the order shall give the procedures for requesting a hearing which is to be held in accordance with the provisions of section two of this article. The person shall be advised in the order that because of the receipt of a transcript of the judgment of conviction by the commissioner a presumption exists that the person named in the transcript of the judgment of conviction is the person named in the commissioner's order and such constitutes sufficient evidence to support revocation or suspension and that the sole purpose for the hearing held under this section is for the person requesting the hearing to present evidence that he or she is not the person named in the transcript of the judgment of conviction. A copy of the order shall be forwarded to the person by registered or certified mail, return receipt requested. No revocation or suspension shall become effective until ten days after receipt of a copy of the order.

(d) The provisions of this section shall not apply if an order reinstating the operator's license of the person has been entered by the commissioner prior to the receipt of the transcript of the judgment of conviction.

(e) For the purposes of this section, a person is convicted when the person enters a plea of guilty or is found guilty by a court or jury.
§17C-5A-2. Hearing; revocation; review.

(a) Upon the written request of a person whose license to operate a motor vehicle in this state has been revoked or suspended under the provisions of section one of this article or section seven, article five of this chapter, the commissioner of motor vehicles shall stay the imposition of the period of revocation or suspension and afford the person an opportunity to be heard. The written request must be filed with the commissioner in person or by registered or certified mail, return receipt requested, within thirty calendar days after receipt of a copy of the order of revocation or suspension or no hearing will be granted. The hearing shall be before the commissioner or a hearing examiner retained by the commissioner who shall rule on evidentiary issues and submit proposed findings of fact and conclusions of law for the consideration of the commissioner and all of the pertinent provisions of article five, chapter twenty-nine-a of this code shall apply. The hearing shall be held at an office of the division located in or near the county wherein the arrest was made in this state or at some other suitable place in the county wherein the arrest was made if an office of the division is not available.

(b) Any such hearing shall be held within one hundred eighty days after the date upon which the commissioner received the timely written request therefor, unless there is a postponement or continuance. The commissioner may postpone or continue any hearing on the commissioner's own motion, or upon application for each person for good cause shown. The commissioner shall adopt and implement by a procedural rule written policies governing the postponement or continuance of any such hearing on the commissioner's own motion or for the benefit of any law-enforcement officer or any person requesting the hearing, and such policies shall be enforced and applied to all parties equally. For the purpose of conducting the hearing, the commissioner shall have the power and authority to issue subpoenas and subpoenas duces tecum in accordance with the provisions of section one, article five, chapter twenty-nine-a of this code: Provided, That the notice of hearing to the appropriate law-enforcement officers by registered or certified mail, return receipt requested, shall constitute a subpoena to appear at the hearing without the necessity of payment of fees by the division of motor vehicles.

(c) Law-enforcement officers shall be compensated for the time expended in their travel and appearance before the commissioner by the law-enforcement agency by whom they are employed at their regular rate if they are scheduled to be on duty during said time or at their regular overtime rate if they are scheduled to be off duty during said time.

(d) The principal question at the hearing shall be whether the person did drive a motor vehicle while under the influence of alcohol, controlled substances or drugs, or did drive a motor vehicle while having an alcohol concentration in the person's blood of ten eight hundredths of one percent or more, by weight, or did refuse to submit to the designated secondary chemical test, or did drive a motor vehicle while under the age of twenty-one years with an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than ten eight hundredths of one percent, by weight.

The commissioner may propose a legislative rule in compliance with the provisions of article three, chapter twenty-nine-a of this code, which rule may provide that if a person accused of driving a motor vehicle while under the influence of alcohol, controlled substances or drugs, or accused of driving a motor vehicle while having an alcohol concentration in the person's blood of ten eight hundredths of one percent or more, by weight, or accused of driving a motor vehicle while under the age of twenty-one years with an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than ten eight hundredths of one percent, by weight, intends to challenge the results of any secondary chemical test of blood, breath or urine, or intends to cross-examine the individual or individuals who administered the test or performed the chemical analysis, the person shall, within an appropriate period of time prior to the hearing, notify the commissioner in writing of such intention. The rule may provide that when there is a failure to comply with the notice requirement, the results of the secondary test, if any, shall be admissible as though the person and the commissioner had stipulated the admissibility of such evidence. Any such rule shall provide that the rule shall not be invoked in the case of a person who is not represented by counsel unless the communication from the commissioner to the person establishing a time and place for the hearing also informed the person of the consequences of the person's failure to timely notify the commissioner of the person's intention to challenge the results of the secondary chemical test or cross-examine the individual or individuals who administered the test or performed the chemical analysis.

(e) In the case of a hearing wherein a person is accused of driving a motor vehicle while under the influence of alcohol, controlled substances or drugs, or accused of driving a motor vehicle while having an alcohol concentration in the person's blood of ten eight hundredths of one percent or more, by weight, or accused of driving a motor vehicle while under the age of twenty-one years with an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than ten eight hundredths of one percent, by weight, the commissioner shall make specific findings as to: (1) Whether the arresting law-enforcement officer had reasonable grounds to believe the person to have been driving while under the influence of alcohol, controlled substances or drugs, or while having an alcohol concentration in the person's blood of ten eight hundredths of one percent or more, by weight, or to have been driving a motor vehicle while under the age of twenty-one years with an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than ten eight hundredths of one percent, by weight; (2) whether the person was lawfully placed under arrest for an offense involving driving under the influence of alcohol, controlled substances or drugs, or was lawfully taken into custody for the purpose of administering a secondary test; and (3) whether the tests, if any, were administered in accordance with the provisions of this article and article five of this chapter.

(f) If, in addition to a finding that the person did drive a motor vehicle while under the influence of alcohol, controlled substances or drugs, or did drive a motor vehicle while having an alcohol concentration in the person's blood of ten eight hundredths of one percent or more, by weight, or did drive a motor vehicle while under the age of twenty-one years with an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than ten eight hundredths of one percent, by weight, the commissioner also finds by a preponderance of the evidence that the person when so driving did an act forbidden by law or failed to perform a duty imposed by law, which act or failure proximately caused the death of a person and was committed in reckless disregard of the safety of others, and if the commissioner further finds that the influence of alcohol, controlled substances or drugs or the alcohol concentration in the blood was a contributing cause to the death, the commissioner shall revoke the person's license for a period of ten years: Provided, That if the commissioner has previously suspended or revoked the person's license under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be for the life of the person. (g) If, in addition to a finding that the person did drive a motor vehicle while under the influence of alcohol, controlled substances or drugs, or did drive a motor vehicle while having an alcohol concentration in the person's blood of ten eight hundredths of one percent or more, by weight, the commissioner also finds by a preponderance of the evidence that the person when so driving did an act forbidden by law or failed to perform a duty imposed by law, which act or failure proximately caused the death of a person, the commissioner shall revoke the person's license for a period of five years: Provided, That if the commissioner has previously suspended or revoked the person's license under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be for the life of the person. (h) If, in addition to a finding that the person did drive a motor vehicle while under the influence of alcohol, controlled substances or drugs, or did drive a motor vehicle while having an alcohol concentration in the person's blood of ten eight hundredths of one percent or more, by weight, the commissioner also finds by a preponderance of the evidence that the person when so driving did an act forbidden by law or failed to perform a duty imposed by law, which act or failure proximately caused bodily injury to a person other than himself or herself, the commissioner shall revoke the person's license for a period of two years: Provided, That if the commissioner has previously suspended or revoked the person's license under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be ten years: Provided, however, That if the commissioner has previously suspended or revoked the person's license more than once under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be for the life of the person.

(i) If the commissioner finds by a preponderance of the evidence that the person did drive a motor vehicle while under the influence of alcohol, controlled substances or drugs, or did drive a motor vehicle while having an alcohol concentration in the person's blood of ten eight hundredths of one percent or more, by weight, or finds that the person, being an habitual user of narcotic drugs or amphetamine or any derivative thereof, did drive a motor vehicle, or finds that the person knowingly permitted the person's vehicle to be driven by another person who was under the influence of alcohol, controlled substances or drugs, or knowingly permitted the person's vehicle to be driven by another person who had an alcohol concentration in his or her blood of ten eight hundredths of one percent or more, by weight, the commissioner shall revoke the person's license for a period of six months: Provided, That if the commissioner has previously suspended or revoked the person's license under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be ten years: Provided, however, That if the commissioner has previously suspended or revoked the person's license more than once under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be for the life of the person. (j) If, in addition to a finding that the person did drive a motor vehicle while under the age of twenty-one years with an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than ten eight hundredths of one percent, by weight, the commissioner also finds by a preponderance of the evidence that the person when so driving did an act forbidden by law or failed to perform a duty imposed by law, which act or failure proximately caused the death of a person, and if the commissioner further finds that the alcohol concentration in the blood was a contributing cause to the death, the commissioner shall revoke the person's license for a period of five years: Provided, That if the commissioner has previously suspended or revoked the person's license under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be for the life of the person.

(k) If, in addition to a finding that the person did drive a motor vehicle while under the age of twenty-one years with an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than ten eight hundredths of one percent, by weight, the commissioner also finds by a preponderance of the evidence that the person when so driving did an act forbidden by law or failed to perform a duty imposed by law, which act or failure proximately caused bodily injury to a person other than himself or herself, and if the commissioner further finds that the alcohol concentration in the blood was a contributing cause to the bodily injury, the commissioner shall revoke the person's license for a period of two years: Provided, That if the commissioner has previously suspended or revoked the person's license under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be ten years: Provided, however, That if the commissioner has previously suspended or revoked the person's license more than once under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be for the life of the person.

(l) If the commissioner finds by a preponderance of the evidence that the person did drive a motor vehicle while under the age of twenty-one years with an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than ten eight hundredths of one percent, by weight, the commissioner shall suspend the person's license for a period of sixty days: Provided, That if the commissioner has previously suspended or revoked the person's license under the provisions of this section or section one of this article, the period of revocation shall be for one year, or until the person's twenty-first birthday, whichever period is longer.

(m) If, in addition to a finding that the person did drive a motor vehicle while under the influence of alcohol, controlled substances or drugs, or did drive a motor vehicle while having an alcohol concentration in the person's blood of ten eight hundredths of one percent or more, by weight, the commissioner also finds by a preponderance of the evidence that the person when so driving did have on or within the motor vehicle another person who has not reached his or her sixteenth birthday, the commissioner shall revoke the person's license for a period of one year: Provided, That if the commissioner has previously suspended or revoked the person's license under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be ten years: Provided, however, That if the commissioner has previously suspended or revoked the person's license more than once under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be for the life of the person.

(n) For purposes of this section, where reference is made to previous suspensions or revocations under this section, the following types of criminal convictions or administrative suspensions or revocations shall also be regarded as suspensions or revocations under this section or section one of this article:

(1) Any administrative revocation under the provisions of the prior enactment of this section for conduct which occurred within the ten years immediately preceding the date of arrest.

(2) Any suspension or revocation on the basis of a conviction under a municipal ordinance of another state or a statute of the United States or of any other state of an offense which has the same elements as an offense described in section two, article five of this chapter, for conduct which occurred within the ten years immediately preceding the date of arrest.

(3) Any revocation under the provisions of section seven, article five of this chapter, for conduct which occurred within the ten years immediately preceding the date of arrest.

(o) In the case of a hearing wherein a person is accused of refusing to submit to a designated secondary test, the commissioner shall make specific findings as to: (1) Whether the arresting law-enforcement officer had reasonable grounds to believe the person had been driving a motor vehicle in this state while under the influence of alcohol, controlled substances or drugs; (2) whether the person was lawfully placed under arrest for an offense relating to driving a motor vehicle in this state while under the influence of alcohol, controlled substances or drugs; (3) whether the person refused to submit to the secondary test finally designated in the manner provided in section four, article five of this chapter; and (4) whether the person had been given a written statement advising the person that the person's license to operate a motor vehicle in this state would be revoked for at least one year and up to life if the person refused to submit to the test finally designated in the manner provided in section four, article five of this chapter.

(p) If the commissioner finds by a preponderance of the evidence that: (1) The arresting law-enforcement officer had reasonable grounds to believe the person had been driving a motor vehicle in this state while under the influence of alcohol, controlled substances or drugs; (2) the person was lawfully placed under arrest for an offense relating to driving a motor vehicle in this state while under the influence of alcohol, controlled substances or drugs; (3) the person refused to submit to the secondary chemical test finally designated; and (4) the person had been given a written statement advising the person that the person's license to operate a motor vehicle in this state would be revoked for a period of at least one year and up to life if the person refused to submit to the test finally designated, the commissioner shall revoke the person's license to operate a motor vehicle in this state for the periods specified in section seven, article five of this chapter. The revocation period prescribed in this subsection shall run concurrently with any other revocation period ordered under this section or section one of this article arising out of the same occurrence.

(q) If the commissioner finds to the contrary with respect to the above issues, the commissioner shall rescind his or her earlier order of revocation or shall reduce the order of revocation to the appropriate period of revocation under this section, or section seven, article five of this chapter.

A copy of the commissioner's order made and entered following the hearing shall be served upon the person by registered or certified mail, return receipt requested. During the pendency of any such hearing, the revocation of the person's license to operate a motor vehicle in this state shall be stayed.

If the commissioner shall after hearing make and enter an order affirming the commissioner's earlier order of revocation, the person shall be entitled to judicial review as set forth in chapter twenty-nine-a of this code. The commissioner may not stay enforcement of the order. The court may grant a stay or supersede as of the order only upon motion and hearing, and a finding by the court upon the evidence presented, that there is a substantial probability that the appellant shall prevail upon the merits, and the appellant will suffer irreparable harm if the order is not stayed: Provided, That in no event shall the stay or supersede as of the order exceed one hundred fifty days. Notwithstanding the provisions of section four, article five, chapter twenty-nine-a of this code, the commissioner may not be compelled to transmit a certified copy of the transcript of the hearing to the circuit court in less than sixty days.

(r) In any revocation or suspension pursuant to this section, if the driver whose license is revoked or suspended had not reached the driver's eighteenth birthday at the time of the conduct for which the license is revoked or suspended, the driver's license shall be revoked or suspended until the driver's eighteenth birthday, or the applicable statutory period of revocation or suspension prescribed by this section, whichever is longer.

(s) Funds for this section's hearing and appeal process may be provided from the drunk driving prevention fund, as created by section forty-one, article two, chapter fifteen of this code, upon application for such funds to the commission on drunk driving prevention.
§17C-5A-3a. Establishment of and participation in the motor vehicle alcohol test and lock program.


(a) The division of motor vehicles shall control and regulate a motor vehicle alcohol test and lock program for persons whose licenses have been revoked pursuant to this article or the provisions of article five of this chapter. Such program shall include the establishment of a users fee for persons participating in the program which shall be paid in advance and deposited into the driver's rehabilitation fund. Except where specified otherwise, the use of the term "program" in this section refers to the motor vehicle alcohol test and lock program. The commissioner of the division of motor vehicles shall propose legislative rules for promulgation in accordance with the provisions of chapter twenty-nine-a of this code for the purpose of implementing the provisions of this section. Such rules shall also prescribe those requirements which, in addition to the requirements specified by this section for eligibility to participate in the program, the commissioner determines must be met to obtain the commissioner's approval to operate a motor vehicle equipped with a motor vehicle alcohol test and lock system. For purposes of this section, a "motor vehicle alcohol test and lock system" means a mechanical or computerized system which, in the opinion of the commissioner, prevents the operation of a motor vehicle when, through the system's assessment of the blood alcohol content of the person operating or attempting to operate the vehicle, such person is determined to be under the influence of alcohol.

(b) (1) Any person whose license has been revoked pursuant to this article or the provisions of article five of this chapter is eligible to participate in the program when such person's minimum revocation period as specified by subsection (c) of this section has expired and such person is enrolled in or has successfully completed the safety and treatment program or presents proof to the commissioner within sixty days of receiving approval to participate by the commissioner that he or she is enrolled in a safety and treatment program: Provided, That no person whose license has been revoked pursuant to the provisions of section one-a of this article for conviction of an offense defined in subsection (a) or (b), section two, article five of this chapter, or pursuant to the provisions of subsection (f) or (g), section two of this article, shall be eligible for participation in the program: Provided, however, That any person whose license is revoked pursuant to this article or pursuant to article five of this chapter for an act which occurred either while participating in or after successfully completing the program shall not again be eligible to participate in such program.

(2) Any person whose license has been suspended pursuant to the provisions of subsection (l), section two of this article for driving a motor vehicle while under the age of twenty-one years with an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than ten eight hundredths of one percent, by weight, is eligible to participate in the program after thirty days have elapsed from the date of the initial suspension, during which time the suspension was actually in effect: Provided, That in the case of a person under the age of eighteen, the person shall be eligible to participate in the program after thirty days have elapsed from the date of the initial suspension, during which time the suspension was actually in effect, or after the person's eighteenth birthday, whichever is later. Before the commissioner approves a person to operate a motor vehicle equipped with a motor vehicle alcohol test and lock system, the person must agree to thereafter comply with the following conditions:

(A) If not already enrolled, the person will enroll in and complete the educational program provided for in subsection (c), section three of this article at the earliest time that placement in the educational program is available, unless good cause is demonstrated to the commissioner as to why placement should be postponed;

(B) The person will pay all costs of the educational program, any administrative costs and all costs assessed for any suspension hearing.

(3) Notwithstanding the provisions of this section to the contrary, no person eligible to participate in the program shall operate a motor vehicle unless approved to do so by the commissioner.

(c) For purposes of this section, "minimum revocation period" means the portion which has actually expired of the period of revocation imposed by the commissioner pursuant to this article or the provisions of article five of this chapter upon a person eligible for participation in the program as follows:

(1) For a person whose license has been revoked for a first offense for six months pursuant to the provisions of section one-a of this article for conviction of an offense defined in section two, article five of this chapter, or pursuant to subsection (i), section two of this article, the minimum period of revocation before such person is eligible for participation in the test and lock program is thirty days, and the minimum period for the use of the ignition interlock device is five months, or that period described in subdivision (1), subsection (e) of this section, whichever period is greater; (2) For a person whose license has been revoked for a first offense pursuant to section seven, article five of this chapter, refusal to submit to a designated secondary chemical test, the minimum period of revocation before such person is eligible for participation in the test and lock program is thirty days, and the minimum period for the use of the ignition interlock device is nine months, or the period set forth in subdivision (1), subsection (e) of this section, whichever period is greater;

(3) For a person whose license has been revoked for a second offense pursuant to the provisions of section one-a of this article for conviction of an offense defined in section two, article five of this chapter, or pursuant to section two of this article, the minimum period of revocation before such person is eligible for participation in the test and lock program is nine months, and the minimum period for the use of the ignition interlock device is eighteen months, or that period set forth in subdivision (2), subsection (e) of this section, whichever period is greater;

(4) For a person whose license has been revoked for any other period of time pursuant to the provisions of section one-a of this article for conviction of an offense defined in section two, article five of this chapter, or pursuant to section two of this article or pursuant to section seven, article five of this chapter, the minimum period of revocation is eighteen months, and the minimum period for the use of the ignition interlock device is two years, or that period set forth in subdivision (3), subsection (e) of this section, whichever period is greater;

(5) An applicant for the test and lock program must not have been convicted of any violation of section three, article four, chapter seventeen-b of this code, for driving while the applicant's driver's license was suspended or revoked, within the two-year period preceding the date of application for admission to the test and lock program;

(6) The commissioner is hereby authorized to allow individuals in the test and lock program an additional device or devices if such is necessary for employment purposes.

(d) Upon permitting an eligible person to participate in the program, the commissioner shall issue to such person, and such person shall be required to exhibit on demand, a driver's license which shall reflect that such person is restricted to the operation of a motor vehicle which is equipped with an approved motor vehicle alcohol test and lock system.

(e) Any person who has completed the safety and treatment program and who has not violated the terms required by the commissioner of such person's participation in the motor vehicle alcohol test and lock program shall be entitled to the restoration of such person's driver's license upon the expiration of:

(1) One hundred eighty days of the full revocation period imposed by the commissioner for a person described in subdivision (1) or (2), subsection (c) of this section;

(2) The full revocation period imposed by the commissioner for a person described in subdivision (3), subsection (c) of this section;

(3) One year from the date a person described in subdivision (4), subsection (c) of this section is permitted to operate a motor vehicle by the commissioner.

(f) A person whose license has been suspended pursuant to the provisions of subsection (l), section two of this article, who has completed the educational program, and who has not violated the terms required by the commissioner of such person's participation in the motor vehicle alcohol test and lock program shall be entitled to the reinstatement of his or her driver's license six months from the date the person is permitted to operate a motor vehicle by the commissioner. When a license has been reinstated pursuant to this subsection, the records ordering the suspension, records of any administrative hearing, records of any blood alcohol test results and all other records pertaining to the suspension shall be expunged by operation of law: Provided, That a person shall be entitled to expungement under the provisions of this subsection only once. The expungement shall be accomplished by physically marking the records to show that such records have been expunged, and by securely sealing and filing the records. Expungement shall have the legal effect as if the suspension never occurred. The records shall not be disclosed or made available for inspection, and in response to a request for record information, the commissioner shall reply that no information is available. Information from the file may be used by the commissioner for research and statistical purposes so long as the use of such information does not divulge the identity of the person.

(g) In addition to any other penalty imposed by this code, any person who operates a motor vehicle not equipped with an approved motor vehicle alcohol test and lock system during such person's participation in the motor vehicle alcohol test and lock program is guilty of a misdemeanor and, upon conviction thereof, shall be confined in the county or regional jail for a period not less than one month nor more than six months and fined not less than one hundred dollars nor more than five hundred dollars. Any person who assists another person required by the terms of such other person's participation in the motor vehicle alcohol test and lock program to use a motor vehicle alcohol test and lock system in any effort to bypass the system is guilty of a misdemeanor and, upon conviction thereof, shall be confined in the county or regional jail not more than six months and fined not less than one hundred dollars nor more than one thousand dollars: Provided, That notwithstanding any provision of this code to the contrary, a person enrolled and participating in the test and lock program may operate a motor vehicle solely at his or her job site, if such is a condition of his or her employment.
CHAPTER 20. NATURAL RESOURCES.
ARTICLE 7. LAW ENFORCEMENT, MOTOR BOATING, LITTER.
§20-7-18. Care in handling watercraft; duty to render aid after a collision, accident or casualty accident reports.


(a) No person shall operate a motorboat, jet ski or other motorized vessel or manipulate any water skis, surfboard or similar device in a reckless or negligent manner so as to endanger the life, limb or property of any person.

(b) No person shall operate any motorboat, jet ski or other motorized vessel, or manipulate any water skis, surfboard or similar device while under the influence of alcohol or a controlled substance or drug, under the combined influence of alcohol and any controlled substance or any other drug, or while having an alcohol concentration in his or her blood of ten eight hundredths of one percent or more, by weight.

(c) It shall be the duty of the operator of a vessel involved in a collision, accident or other casualty, so far as he or she can do so without serious danger to his or her own vessel, crew and passengers (if any), to render to other persons affected by the collision, accident or other casualty such assistance as may be practicable and as may be necessary in order to save them from or minimize any danger caused by the collision, accident or other casualty, and also to give his or her name, address and identification of his or her vessel in writing to any person injured and to the owner of any property damaged in the collision, accident or other casualty.

(d) The operator of a vessel involved in a collision, accident or other casualty shall file an accident report with the director if the incident results in a loss of life, in a personal injury that requires medical treatment beyond first aid or in excess of five hundred dollars damage to a vessel or other property. The report shall be made on such forms and contain information as prescribed by the director. Upon a request duly made by an authorized official or agency of the United States, any information compiled or otherwise available to the director pursuant to this subsection shall be transmitted to the official or agency.
§20-7-18b. Operating under influence of alcohol, controlled substances or drugs; penalties.

(a) Any person who:

(1) Operates a motorboat, jet ski or other motorized vessel in this state while:

(A) He or she is under the influence of alcohol; or

(B) He or she is under the influence of any controlled substance; or

(C) He or she is under the influence of any other drug; or

(D) He or she is under the combined influence of alcohol and any controlled substance or any other drug; or

(E) He or she has an alcohol concentration in his or her blood of ten eight hundredths of one percent or more, by weight; and

(2) When so operating does any act forbidden by law or fails to perform any duty imposed by law in the operating of the motorboat, jet ski or other motorized vessel, which act or failure proximately causes the death of any person within one year next following the act or failure; and

(3) Commits the act or failure in reckless disregard of the safety of others, and when the influence of alcohol, controlled substances or drugs is shown to be a contributing cause to the death, is guilty of a felony and, upon conviction thereof, shall be imprisoned in the state correctional facility for not less than one nor more than ten years and shall be fined not less than one thousand dollars nor more than three thousand dollars.

(b) Any person who:

(1) Operates a motorboat, jet ski or other motorized vessel in this state while:

(A) He or she is under the influence of alcohol; or

(B) He or she is under the influence of any controlled substance; or

(C) He or she is under the influence of any other drug; or

(D) He or she is under the combined influence of alcohol and any controlled substance or any other drug; or

(E) He or she has an alcohol concentration in his or her blood of ten eight hundredths of one percent or more, by weight; and

(2) When so operating does any act forbidden by law or fails to perform any duty imposed by law in the operating of the motorboat, jet ski or other motorized vessel, which act or failure proximately causes the death of any person within one year next following the act or failure, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in the county or regional jail for not less than ninety days nor more than one year and shall be fined not less than five hundred dollars nor more than one thousand dollars.

(c) Any person who:

(1) Operates a motorboat, jet ski or other motorized vessel in this state while:

(A) He or she is under the influence of alcohol; or

(B) He or she is under the influence of any controlled substance; or

(C) He or she is under the influence of any other drug; or

(D) He or she is under the combined influence of alcohol and any controlled substance or any other drug; or

(E) He or she has an alcohol concentration in his or her blood of ten eight hundredths of one percent or more, by weight; and

(2) When so operating does any act forbidden by law or fails to perform any duty imposed by law in the operating of the motorboat, jet ski or other motorized vessel, which act or failure proximately causes bodily injury to any person other than himself or herself, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in the county or regional jail for not less than one day nor more than one year, which jail term shall include actual confinement of not less than twenty-four hours, and shall be fined not less than two hundred dollars nor more than one thousand dollars.

(d) Any person who:

(1) Operates a motorboat, jet ski or other motorized vessel in this state while:

(A) He or she is under the influence of alcohol; or

(B) He or she is under the influence of any controlled substance; or

(C) He or she is under the influence of any other drug; or

(D) He or she is under the combined influence of alcohol and any controlled substance or any other drug; or

(E) He or she has an alcohol concentration in his or her blood of ten eight hundredths of one percent or more, by weight;

(2) Is guilty of a misdemeanor and, upon conviction thereof, shall be confined in the county or regional jail for not less than one day nor more than six months, which jail term shall include actual confinement of not less than twenty-four hours, and shall be fined not less than one hundred dollars nor more than five hundred dollars.

(e) Any person who, being an habitual user of narcotic drugs or amphetamine or any derivative thereof, operates a motorboat, jet ski or other motorized vessel in this state, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in the county or regional jail for not less than one day nor more than six months, which jail term shall include actual confinement of not less than twenty-four hours, and shall be fined not less than one hundred dollars nor more than five hundred dollars.

(f) Any person who:

(1) Knowingly permits his or her motorboat, jet ski or other motorized vessel to be operated in this state by any other person who is:

(A) Under the influence of alcohol; or

(B) Under the influence of any controlled substance; or

(C) Under the influence of any other drug; or

(D) Under the combined influence of alcohol and any controlled substance or any other drug; or

(E) Has an alcohol concentration in his or her blood of ten eight hundredths of one percent or more, by weight;

(2) Is guilty of a misdemeanor and, upon conviction thereof, shall be confined in the county or regional jail for not more than six months and shall be fined not less than one hundred dollars nor more than five hundred dollars.

(g) Any person who:
Knowingly permits his or her motorboat, jet ski or other motorized vessel to be operated in this state by any other person who is an habitual user of narcotic drugs or amphetamine or any derivative thereof, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in the county or regional jail for not more than six months and shall be fined not less than one hundred dollars nor more than five hundred dollars.

(h) Any person under the age of twenty-one years who operates a motorboat, jet ski or other motorized vessel in this state while he or she has an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than ten eight hundredths of one percent, by weight, shall, for a first offense under this subsection, be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than twenty-five dollars nor more than one hundred dollars. For a second or subsequent offense under this subsection, such person is guilty of a misdemeanor and, upon conviction thereof, shall be confined in the county or regional jail for twenty-four hours, and shall be fined not less than one hundred dollars nor more than five hundred dollars.

A person arrested and charged with an offense under the provisions of subsection (a), (b), (c), (d), (e), (f), (g) or (i) of this section may not also be charged with an offense under this subsection arising out of the same transaction or occurrence.

(i) Any person who:

(1) Operates a motorboat, jet ski or other motorized vessel in this state while:

(A) He or she is under the influence of alcohol; or

(B) He or she is under the influence of any controlled substance; or

(C) He or she is under the influence of any other drug; or

(D) He or she is under the combined influence of alcohol and any controlled substance or any other drug; or

(E) He or she has an alcohol concentration in his or her blood of ten eight hundredths of one percent or more, by weight; and

(2) The person when so operating has on or within the motorboat, jet ski or other motorized vessel one or more other persons who are unemancipated minors who have not reached their sixteenth birthday, shall be guilty of a misdemeanor and, upon conviction thereof, shall be confined in the county or regional jail for not less than two days nor more than twelve months, which jail term shall include actual confinement of not less than forty-eight hours, and shall be fined not less than two hundred dollars nor more than one thousand dollars.

(j) A person violating any provision of subsection (b), (c), (d), (e), (f), (g) or (i) of this section, for the second offense under this section, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in the county or regional jail for a period of not less than six months nor more than one year, and the court may, in its discretion, impose a fine of not less than one thousand dollars nor more than three thousand dollars.

(k) A person violating any provision of subsection (b), (c), (d), (e), (f), (g) or (i) of this section shall, for the third or any subsequent offense under this section, be guilty of a felony and, upon conviction thereof, shall be imprisoned in the a state correctional facility for not less than one nor more than three years, and the court may, in its discretion, impose a fine of not less than three thousand dollars nor more than five thousand dollars.

(l) For purposes of subsections (j) and (k) of this section relating to second, third and subsequent offenses, the following types of convictions shall be regarded as convictions under this section:

(1) Any conviction under the provisions of subsection (a), (b), (c), (d), (e) or (f) of this section for an offense which occurred on or after the effective date of this section;

(2) Any conviction under the provisions of subsection (a) or (b) of this section for an offense which occurred within a period of five years immediately preceding the date of the offense; and

(3) Any conviction under a municipal ordinance of this state or any other state or a statute of the United States or of any other state of an offense which has the same elements as an offense described in subsection (a), (b), (c), (d), (e), (f) or (g) of this section, which offense occurred after the effective date of this section.

(m) A person may be charged in a warrant or indictment or information for a second or subsequent offense under this section if the person has been previously arrested for or charged with a violation of this section which is alleged to have occurred within the applicable time periods for prior offenses, notwithstanding the fact that there has not been a final adjudication of the charges for the alleged previous offense. The warrant or indictment or information shall set forth the date, location and particulars of the previous offense or offenses. No person may be convicted of a second or subsequent offense under this section unless the conviction for the previous offense has become final.

(n) The fact that any person charged with a violation of subsection (a), (b), (c), (d) or (e) of this section, or any person permitted to operate as described under subsection (f) or (g) of this section, is or has been legally entitled to use alcohol, a controlled substance or a drug shall not constitute a defense against any charge of violating subsection (a), (b), (c), (d), (e), (f) or (g) of this section.

(o) For purposes of this section, the term "controlled substance" shall have the meaning ascribed to it in chapter sixty-a of this code.

(p) The sentences provided herein upon conviction for a violation of this article are mandatory and may not be subject to suspension or probation: Provided, That the court may apply the provisions of article eleven-a, chapter sixty-two of this code to a person sentenced or committed to a term of one year or less. An order for home detention by the court pursuant to the provisions of article eleven-b, chapter sixty-two of this code may be used as an alternative sentence to any period of incarceration required by this section.
CHAPTER 33. INSURANCE.
ARTICLE 6A. CANCELLATION OR NONRENEWAL OF AUTOMOBILE LIABILITY POLICIES.

§33-6A-1. Cancellation prohibited except for specified reasons; notice.


No insurer once having issued or delivered a policy providing automobile liability insurance for a private passenger automobile may, after the policy has been in effect for sixty days, or in case of renewal effective immediately, issue or cause to issue a notice of cancellation during the term of the policy except for one or more of the reasons specified in this section:

(a) The named insured fails to make payments of premium for the policy or any installment of the premium when due;

(b) The policy is obtained through material misrepresentation;

(c) The insured violates any of the material terms and conditions of the policy;

(d) The named insured or any other operator, either residing in the same household or who customarily operates an automobile insured under the policy:

(1) Has had his or her operator's license suspended or revoked during the policy period including suspension or revocation for failure to comply with the provisions of article five-a, chapter seventeen-c of this code, regarding consent for a chemical test for intoxication: Provided, That when a license is suspended for sixty days by the commissioner of motor vehicles because a person drove a motor vehicle while under the age of twenty-one years with an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than ten eight hundredths of one percent, by weight, pursuant to subsection (l), section two, article five-a, chapter seventeen-c of this code, the suspension shall not be grounds for cancellation; or

(2) Is or becomes subject to epilepsy or heart attacks and the individual cannot produce a certificate from a physician testifying to his or her ability to operate a motor vehicle.

(e) The named insured or any other operator, either residing in the same household or who customarily operates an automobile insured under such policy, is convicted of or forfeits bail during the policy period for any of the following reasons:

(1) Any felony or assault involving the use of a motor vehicle;

(2) Negligent homicide arising out of the operation of a motor vehicle;

(3) Operating a motor vehicle while under the influence of alcohol or of any controlled substance or while having an alcohol concentration in his or her blood of ten eight hundredths of one percent or more, by weight;

(4) Leaving the scene of a motor vehicle accident in which the insured is involved without reporting it as required by law;

(5) Theft of a motor vehicle or the unlawful taking of a motor vehicle;

(6) Making false statements in an application for a motor vehicle operator's license;

(7) Three or more moving traffic violations committed within a period of twelve months, each of which results in three or more points being assessed on the driver's record by the division of motor vehicles, whether or not the insurer renewed the policy without knowledge of all such violations. Notice of any cancellation made pursuant to this subsection shall be mailed to the named insured either during the current policy period or during the first full policy period following the date that the third moving traffic violation is recorded by the division of motor vehicles.

Notwithstanding any of the provisions of this section to the contrary, no insurer may cancel a policy of automobile liability insurance without first giving the insured thirty days' notice of its intention to cancel: Provided, That cancellation of the insurance policy by the insurer for failure of consideration to be paid by the insured upon initial issuance of the insurance policy is effective upon the expiration of ten days' notice of cancellation to the insured.
CHAPTER 50. MAGISTRATE COURTS.
ARTICLE 3. COSTS, FINES AND RECORDS.
§50-3-2b. Additional costs in certain criminal proceedings.

In each criminal case before a magistrate court in which the defendant is convicted, whether by plea or at trial, under the provisions of section two, article five, chapter seventeen-c or section eighteen-b, article seven, chapter twenty of this code, there shall be imposed, in addition to other costs, fines, forfeitures or penalties as may be allowed by law, costs in the amount of fifty-five dollars. A magistrate court shall, on or before the tenth day of the month following the month in which the costs imposed in this section were collected, remit an amount equal to the amount from each of the criminal proceedings in which the costs specified in this section were collected to the magistrate court clerk or, if there is no magistrate court clerk, to the clerk of the circuit, together with information as may be required by the rules of the supreme court of appeals and the rules of the office of chief inspector. At the end of each month, for purposes of further defraying the cost to the county of enforcing the provisions of section two, article five, chapter seventeen-c or section eighteen-b, article seven, chapter twenty of this code and related provisions, these moneys shall be paid to the sheriff of the county and deposited in the general revenue fund of the county. The provisions of this section shall be effective after the thirtieth day of June, two thousand four.


CHAPTER 59. FEES, ALLOWANCES AND COSTS;

NEWSPAPERS; LEGAL ADVERTISEMENTS.

ARTICLE 1. FEES AND ALLOWANCES.
§59-1-11a. Additional costs in certain criminal proceedings.

(a) Except as provided in subsections (b) and (c) of this section, in each criminal case before a circuit court in which the defendant is convicted, whether by plea or at trial, under the provisions of section two, article five, chapter seventeen-c or section eighteen-b, article seven, chapter twenty of this code, there shall be imposed, in addition to other costs, fines, forfeitures or penalties as may be allowed by law, costs in the amount of fifty-five dollars. For purposes of further defraying the cost to the county of enforcing the provisions of section two, article five, chapter seventeen-c or section eighteen-b, article seven, chapter twenty of this code and related provisions, the clerk of the circuit court shall, on or before the tenth day of the month following the month in which the costs imposed in this section were collected, remit an amount equal to the amount from each of the criminal proceedings in which the costs specified in this subsection were collected to the sheriff of the county who shall deposit the same in the general revenue fund of the county.

(b) In each criminal case before a circuit court upon appeal from a magistrate court in which the defendant is convicted, whether by plea or at trial in the circuit court, under the provisions of section two, article five, chapter seventeen-c or section eighteen-b, article seven, chapter twenty of this code, there shall be imposed, in addition to other costs, fines, forfeitures or penalties as may be allowed by law, costs in the amount of fifty-five dollars. For purposes of further defraying the cost to the county of enforcing the provisions of section two, article five, chapter seventeen-c or section eighteen-b, article seven, chapter twenty of this code and related provisions, the clerk of the circuit court shall, on or before the tenth day of the month following the month in which the costs imposed in this section were collected, remit an amount equal to the amount from each of the criminal proceedings in which the costs specified in this subsection were collected to the sheriff of the county who shall deposit the same in the general revenue fund of the county. The provisions of this subsection shall not require payment of the costs imposed by this subsection to the circuit court where the costs have been paid in the magistrate court.

(c) In each criminal case before a circuit court upon appeal from a municipal proceeding in which the defendant is convicted, whether by plea or at trial in the circuit court, under the provisions of a municipal ordinance which has the same elements as an offense described in section two, article five, chapter seventeen-c or section eighteen-b, article seven, chapter twenty of this code, there shall be imposed, in addition to other costs, fines, forfeitures or penalties as may be allowed by law, costs in the amount of fifty-five dollars. For purposes of further defraying the cost to the municipality of enforcing the provisions of the ordinance or ordinances described in this subsection and related provisions, the clerk of the circuit court shall, on or before the tenth day of the month following the month in which the costs imposed in this section were collected, remit an amount equal to the amount from each of the criminal proceedings in which the costs specified in this subsection were collected to the clerk of the municipal court or other person designated to receive fines and costs for the municipality from which the conviction was appealed who shall deposit these moneys in the general revenue fund of the municipality. The provisions of this subsection shall not require payment of the costs imposed by this subsection to the circuit court where the costs have been paid to the clerk of the municipal court or other person designated to receive fines and costs for the municipality.

(d) The provisions of this section shall be effective after the thirtieth day of June, two thousand four.

And,

That both houses recede from their respective positions as to the amendment of the House of Delegates to the title of the bill and agree to the same as follows:

S. B. 166 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-11-1b; to amend and reenact §17B-4-3 of said code; to amend and reenact §17C-5-2, §17C-5-6a and §17C-5-8 of said code; to amend and reenact §17C-5A-1, §17C-5A-1a, §17C-5A-2 and §17C-5A-3a of said code; to amend and reenact §20-7-18 and §20-7- 18b of said code; to amend and reenact §33-6A-1 of said code; to amend said code by adding thereto a new section, designated §50-3-2b; and to amend said code by adding thereto a new section, designated §59-1-11a, all relating to driving a motor vehicle or operating a motorized vessel while under the influence of alcohol, controlled substances or drugs; limiting the prior offenses that can be used to enhance sentences to those that occurred within the ten-year period next preceding the date of arrest in the current proceeding; and imposing additional costs on defendants convicted of offenses involving the driving of a motor vehicle or operating a motorized vessel while under the influence of alcohol, controlled substances or drugs, for the use of counties and municipalities."

Respectfully submitted,
Jeffrey V. Kessler,
Kevin J. Craig,

Mike Ross,
Virginia Mahan,

Joseph M. Minard,
Dave Pethtel,

Jon Blair Hunter,
Joe DeLong,

Andy McKenzie,
Robert A. Schadler,

Conferees on the part
Conferees on the part


of the Senate
of the House of Delegates

On motion of Delegate Craig, the report of the Committee of Conference was adopted.

The bill, as amended by said report, was then put upon its passage.

On the passage of the bill, the yeas and nays were taken (Roll No. 78), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

Absent And Not Voting: Coleman and Shelton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 166) passed.

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


Resolutions Introduced


Delegates Leach, Michael, Perdue and Susman offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 14 - "Requesting the Joint Committee on Government and Finance study the need for creating a forensic science task force."

Whereas, The state needs to consider the coordination and/or consolidation of the various state testing laboratories and other functions, including, but not limited to, the creation of a state-wide laboratory complex; and

Whereas, The state has a shortage of specialists in certain forensic science fields; and

Whereas, The lack of forensic science specialists affects the state's ability to address emergency situations; and

Whereas, An improvement in the state's forensic science capabilities would enhance the ability of law enforcement to solve crimes and prosecute criminals; and

Whereas, There is a need to coordinate efforts to enhance laboratory accreditation, training of specialists and sharing of equipment among forensic organizations in the state; and

Whereas, Future federal funding for crime laboratories may require the establishment of a statewide plan for organizing forensic science capabilities; and

Whereas, The Legislature has studied this topic during the 2003-2004 interim session and has recommended that this subject receive further study during the 2004-2005 interim session; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study the need for creating a forensic science task force; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2005, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

Delegates Leach, Michael, Perdue and Susman offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 15 - "Requesting the Joint Committee on Government and Finance conduct a study to determine if working cooperatively with providers of HUD housing to provide additional personal care services to elderly would decrease the unnecessary institutionalization of elderly individuals and reduce costs to Medicaid."

Whereas, There is a continuing growth in the number of elderly citizens in the state and a need to provide community housing and assisted living services for elderly citizens to prevent premature institutionalization of these individuals and the need for greater access to skilled medical care and other assisted living services for seniors to age in place; and

Whereas, The cost of nursing home care is greater than community options for low income elderly individuals; and

Whereas, The Department of Health and Human Services is concerned about the potential addition of a waiver program that will increase the state's budget for Medicaid without reducing other costs; and

Whereas, The providers of HUD housing believe that a cooperative effort to offer personal care services to residents of HUD housing will decrease costs; and

Whereas, Forty-five other states are providing community services of this nature; and

Whereas, The Legislature has studied this topic during the 2003-2004 interim session and has recommended that this subject receive further study during the 2004-2005 interim session; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the Joint Committee on Government and Finance conduct a study on this issue to determine the most efficient, cost-effective method of providing care to the qualifying poor elderly population of this state; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2005, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from the legislative appropriations to the Joint Committee on Government and Finance.

Delegates Leach, Michael, Perdue and Susman offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 16 - "Directing the Joint Committee on Government and Finance to conduct a study of the Medicaid program preferred drug list, including the psycho-pharmacological data thereunder."

Whereas, The Legislature has studied this topic during the 2003-2004 interim session and has recommended that this subject receive further study during the 2004-2005 interim session; therefore, be it

Resolved by the Legislature of West Virginia:


That the Joint Committee on Government and Finance conduct a study of the Medicaid program preferred drug list including the psychological data thereunder; the monitoring and evaluation of the effects of section fifteen, article V, chapter nine of the West Virginia code on Medicaid recipients, the Medicaid program, physicians and pharmacies; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2005, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

Delegates Leach, Michael, Perdue and Susman offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 17 - "Requesting the Joint Committee on Government and Finance study the feasibility of establishing a special residential community for senior citizens."

Whereas, The establishment of a special residential community for senior citizens would enhance West Virginia's opportunity to display its natural beauty and attract senior citizens to our state; and

Whereas, A residential community of senior citizens could be located where it would be accessible to activities designed for senior citizens and to skilled medical care and other assisted living services for seniors to age in place; and

Whereas, The establishment of a senior community in West Virginia would generate revenue, enhance business and provide jobs; and

Whereas, The Legislature has studied this topic during the 2003-2004 interim session and has recommended that this subject receive further study during the 2004-2005 interim session; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the Joint Committee on Government and Finance study the feasibility of establishing a special residential community for senior citizens in West Virginia; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2005, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

Delegates Leach, Michael, Perdue and Susman offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 18 - "Requesting the Joint Committee on Government and Finance to conduct a study of the shortage of qualified nursing personnel to involve the study of: The working environment of nurses in the hospital and other work areas; current funding sources for nursing education; administration of funding for nursing education; the adequacy of funding levels per nursing student; the capacity for expansion of nursing programs; the need to increase nursing faculty salaries; the need to upgrade and enhance distance education technology; funding for enhanced distance education; and, the need to provide stipends to support nontuition related expenses for nursing education programs."

Whereas, There is a critical shortage of qualified nurses in several areas of this State; and

Whereas, State supported nursing programs are struggling with limited budgets and the recognized need to keep abreast of modern technological and healthcare advances in offering educational courses and training to nursing students; and

Whereas, The West Virginia board of registered professional nurses has established a nursing shortage study commission to bring these issues before the Legislature and has filed a report on its findings; and

Whereas, The Legislature has studied this topic during the 2003-2004 interim session and has recommended that this subject receive further study during the 2004-2005 interim session; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the Joint Committee on Government and Finance to conduct a study of the shortage of qualified nursing personnel to involve a study of: The working environment of nurses in hospitals and other work areas; current funding sources for nursing education; administration of funding for nursing education; the adequacy of funding levels per nursing student; the capacity for expansion of nursing programs; the need to increase nursing faculty salaries; the need to upgrade and enhance distance education technology; funding for enhanced distance education; and, the need to provide stipends to support nontuition related expenses for nursing education programs; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2005, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from the legislative appropriations to the Joint Committee on Government and Finance.

Delegates Romine, Azinger, Ashley, Calvert, Leggett and Wakim offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 19 - "Requesting the Division of Highways name the replacement bridge on Sellers Run Road in Tyler County the 'E. Glenn Moore Memorial Bridge'."

Whereas, E. Glenn Moore was a lifelong resident of Tyler County who was well-known and loved in the county and the state and who, with his wife, Ruth, raised three children while contributing his time, efforts and money to many worthwhile work, church and community projects; and

Whereas, E. Glenn Moore was President of Local #698 of Union Carbide for many years and worked tirelessly for his union members and their families to better working conditions, wages and benefits; and

Whereas, E. Glenn Moore helped to organize the Long Reach Employees Federal Credit Union and served as its board president for many years; and

Whereas, E. Glenn Moore attended Archer's Chapel, served for 25 years as superintendent of Little Church and was instrumental in the construction of new Sunday school rooms and bathrooms for these churches; and

Whereas, E. Glenn Moore supported the youth of his county and state by organizing the building of a gymnasium in Friendly where kids could play ball, by serving as project leader for the 4-H Club for many years and by encouraging his children, nieces and nephews to obtain their college educations; and

Whereas, E. Glenn Moore and his wife, Ruth, petitioned AT&T to extend toll-free calling in Tyler County to New Martinsville, thus saving money for their neighbors; and

Whereas, E. Glenn Moore and his wife, Ruth, organized the first Heritage and Historical Society in Tyler County and helped negotiate the events which turned the former Tyler County High School into what is now the Tyler County Museum; and

Whereas, It is fitting that this bridge, as requested by his family, friends, coworkers, neighbors and the Tyler County Commission, which is located on a portion of his widow's property, be named for this true West Virginia gentleman who touched so many lives and left his mark on the hearts of all who knew him; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the Division of Highways name the replacement bridge on Sellers Run Road in Tyler County the "E. Glenn Moore Memorial Bridge"; and, be it

Further Resolved, That the Division of Highways provide and erect signs at either end of the bridge displaying the name "E. Glenn Moore Memorial Bridge"; and, be it

Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the family of E. Glenn Moore.

Delegates H. White and Kominar offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 20 - "Dedicating and naming an existing bridge situate approximately one and four- tenths miles up Elk Creek in Delbarton, Mingo County, West Virginia, to John Hunt."

Whereas, John Hunt was a life-long resident of Elk Creek, Delbarton, West Virginia; and

Whereas, Elk Creek, Delbarton, Mingo County and the State of West Virginia all lost a good citizen and friend on June 4, 2003, with the passing of John Hunt; and

Whereas, John Hunt was born to Elbert and Parlee Hunt on January 6, 1924; and

Whereas, John Hunt spent much of his time in service to his community and to Mingo County; and

Whereas, John Hunt served honorably in World War II where he received the Purple Heart medal and the Bronze Star medal; and

Whereas, John Hunt was a member of the Elk Creek Freewill Baptist Church where he also served as pastor for the last forty-five years of his life; and

Whereas, John Hunt was also a retired coal miner and sat on the 2nd Mingo Conference for forty years; and

Whereas, John Hunt was a devoted family man, married to Vicie Curry, father of six children, grandfather of eight grandchildren and great grandfather to nine great grandchildren; therefore, be it

Resolved by the Legislature of West Virginia:
That the existing bridge situate approximately one and four-tenths miles up Elk creek in Delbarton, Mingo County, West Virginia be dedicated to the memory of John Hunt and that it henceforth be known as the John Hunt Memorial Bridge; and, be it

Further Resolved, That the Clerk of the House of Delegates be hereby directed to forward a copy of this resolution to the West Virginia Department of Highways, to the Mingo County Commission and to the family of John Hunt.

On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:

By Delegates Caputo and Manchin:

H. J. R. 103 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section 1b, article X thereof, relating to homestead exemption increase; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment"; to the Committee on Constitutional Revision then the Judiciary.


Petitions


Delegates Perry and Pino presented a petition, signed by thirty-one residents of Fayette County, opposing plans to eliminate an expanded list of trout streams, which would have a negative effect on Loup Creek; which was referred to the Committee on Agriculture and Natural Resources.


Bills Introduced


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

By Delegates Craig and Morgan:

H. B. 4305 - "A Bill to amend the code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §18-7A-26t, relating to providing a cost-of-living provision for certain persons retired under the teachers retirement system"; to the Committee on Pensions and Retirement then Finance.

By Delegates Howard, Carmichael, Hamilton and Sobonya:

H. B. 4306 - "A Bill to amend and reenact §61-3-30 of the code of West Virginia, 1931, as amended, relating to providing for a felonious destruction of property offense for destroying property worth more than five thousand dollars; and increased penalties"; to the Committee on the Judiciary.

By Delegates Leach, Michael, Perdue and Susman:

H. B. 4307 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-11A-3a, relating to providing for a standard form informational list of universal accessibility features to be provided to a future buyer of any proposed residential housing in the state"; to the Committee on the Judiciary.

By Delegates Leach, Michael, Perdue and Susman:

H. B. 4308 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-11A-3a, relating to providing immunity from civil damages to a worker, contractor, engineer or architect, who in good faith provides services or materials, without remuneration, to build or install certain universal accessibility features in accordance with applicable state and federal laws"; to the Committee on the Judiciary.

By Delegates Leach, Michael, Perdue and Susman:

H. B. 4309 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-5-20, relating to providing for a program intended to divert low-income residents from early institutionalization in nursing homes by providing personal home care in their communities"; to the Committee on Health and Human Resources then Finance.

By Delegate Shaver (By Request):

H. B. 4310 - "A Bill to amend and reenact §17A-3-2 of the code of West Virginia, 1931, as amended, relating to removing the exemption from annual registration, license plates and fees for all-terrain vehicles"; to the Committee on Roads and Transportation then the Judiciary.

By Delegates R. Thompson and Perdue:

H. B. 4311 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-9h, relating to exempting farm equipment from the consumer sales tax"; to the Committee on Agriculture and Natural Resources then Finance.

By Delegate Walters (By Request):

H. B. 4312 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §4-9-1, §4-9-2 and §4-9-3, all relating to creation of the Verifiable Science Act; and providing that the public may request and shall receive, access under the state freedom of information act to any purported scientific data used as the basis for proposed legislative rules or statutory enactments"; to the Committee on Education then the Judiciary.

By Delegate H. White:

H. B. 4313 - "A Bill to amend and reenact §33-3-7 of the code of West Virginia, 1931, as amended, relating to licensing foreign insurers and exemption from certain other statutory provisions"; to the Committee on Banking and Insurance then the Judiciary.

By Delegate H. White:

H. B. 4314 - "A Bill to amend and reenact §33-11-6 of the code of West Virginia, 1931, as amended, relating to removing the maximum aggregate penalties limit in regard to violations of the unfair trade practices act"; to the Committee on the Judiciary.

By Delegates Caputo, DeLong and Manchin:

H. B. 4315 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-15b, relating to armed assault or conspiracy to commit armed assault upon school property, or against school personnel or students while on school property; definitions; penalties"; to the Committee on Education then the Judiciary.

By Delegates Caputo and Manchin:

H. B. 4316 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10-22h; and to amend said code by adding thereto a new section, designated §18-7A-26t, all relating to increasing benefits of retired state personnel and retired teachers by five percent a year for three years"; to the Committee on Pensions and Retirement then Finance.

By Delegates Caputo, Manchin and Renner:

H. B. 4317 - "A Bill to amend and reenact §18-12-1 of the code of West Virginia, 1931, as amended, relating to changing the name of Fairmont State college to Fairmont State university"; to the Committee on Education then Finance.
By Delegates Craig, Morgan, Leach, Amores, Kominar, H. White and R. M. Thompson:

H. B. 4318 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12f, relating to modification to federal adjusted gross income and imposition of personal income tax on funds withdrawn from a prepaid tuition contract or other college savings plan and used for purposes other than those permitted by the contract or plan"; to the Committee on Finance.

By Delegates Fleischauer, Shaver, Susman, Iaquinta, Yost, Caputo and Foster:

H. B. 4319 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-46, relating to county boards of education; requiring that transportation to and from school be provided for each child that needs or desires transportation; requiring that each board establish and observe strict transportation schedules for its bussing students; and requiring that new routes scheduled limit the periods of travel to several specific times based upon whether the students are in elementary school, middle school or high school"; to the Committee on Education then Finance.
By Delegates Hamilton, Howard, Ellem, Caputo, Pethtel, Perry and Evans:

H. B. 4320 - "A Bill to amend and reenact §30-29-4 of the code of West Virginia, 1931, as amended; and to amend and reenact §61-7-6 of said code, all relating to exempting probation officers from concealed weapons licensing provisions; and providing funding for purchase of firearms for probation officers and training for probation officers in the use of those firearms"; to the Committee on the Judiciary then Finance.

By Delegates Hamilton, Howard, Long, Perry, Pethtel, Romine and Sobonya:

H. B. 4321 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §2-2A-l, §2-2A-2 and §2-2A-3, all relating to the establishment of the English language as the official language of the state of West Virginia"; to the Committee on the Judiciary.

By Delegates Kuhn, Martin, Spencer, Tucker, Wright, Caruth and Frich:

H. B. 4322 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto five new sections, designated §5B-2-9a, §5B-2-9b, §5B-2-9c, §5B-2-9d and §5B-2-9e, all relating to establishing a state trail authority; creating a state trail authority within the development office; authorizing the authority to appoint a statewide trail coordinator and to hire district trail coordinators; specifying the powers of the state trail authority; specifying powers and duties of statewide trail coordinator and district trail coordinators; and continuing the state trail authority"; to the Committee on Government Organization then Finance.

By Delegates Perry, Beach, Paxton, Caputo, Tucker, Fragale and DeLong:

H. B. 4323 - "A Bill to amend and reenact §18A-4-8 and §18A-4-8a of the code of West Virginia, 1931, as amended, all relating to salaries, wages and other benefits of school service personnel; adding a new administrative assistant classification; and setting the pay grade of administrative assistants"; to the Committee on Education then Finance.

By Delegates Perry, Shaver, Crosier, Renner, Pino and Beach:

H. B. 4324 - "A Bill to amend and reenact §8-22-25 of the code of West Virginia, 1931, as amended, relating to increasing retirement pensions for police and firefighters"; to the Committee on Pensions and Retirement then Finance.

By Delegate R. M. Thompson:

H. B. 4325 - "A Bill to amend and reenact §11A-3-23 of the code of West Virginia, 1931, as amended, relating to redemption of real estate; and providing that a person sixty-five years of age or older may redeem real estate owned by him or her by paying the delinquent taxes without paying other costs or liens, if the owner redeems the real estate within two years after the taxes become delinquent"; to the Committee on the Judiciary.

By Delegates H. White, Hrutkay and R. M. Thompson:

H. B. 4326 - "A Bill to amend and reenact §33-15A-4, §33-15A-5, §33-15A-6 and §33-15A- 7 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto four new sections, designated §33-15A-8, §33-15A-9, §33-15A-10 and §33-15A-11, all relating to the regulation of long-term care insurance policies; defining terms; establishing extraterritorial jurisdiction; summarizing disclosure and performance standards for long-term care insurance; instituting and regulating an incontestability period; disclosing nonforfeiture benefits; providing the commissioner authority to promulgate regulations; defining severability; providing penalties; and establishing an effective date"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates H. White, G. White, Browning, Stalnaker, Fragale and Williams:


H. B. 4327 - "A Bill to amend and reenact §50-1-8 and §50-1-9 of the code of West Virginia, 1931, as amended, all relating to increasing salaries for magistrate clerks, magistrate assistants and magistrate deputy clerks"; to the Committee on the Judiciary then Finance.


Consent Calendar

Third Reading


The following bills on third reading, coming up in regular order, were each read a third time:
H. B. 4138, Prohibiting persons from impersonating a public official by copying or imitating the markings of a public agency or official on a motor vehicle,
H. B. 4142, Requiring the clerk of the county commission to execute, record and post a disclaimer relating to certain unlawful covenants,

And,
H. B. 4144, Excepting secretaries of real estate brokers who set appointments with sellers and buyers from the scope of practice.

On the passage of the bills, the yeas and nays were taken (Roll No. 79), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

Absent And Not Voting: Coleman, Shelton and Stemple.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (H. B. 4138, H. B. 4142 and H. B. 4144) passed.

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


Second Reading


The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:
H. B. 4140, Requiring the ethics commission to establish a code of conduct for state administrative law judges,

And,
Com. Sub. for H. B. 4148, Allowing bail bondsmen to deliver offenders to county or regional jails without bailpiece if a magistrate or circuit clerk is inaccessible.


First Reading


The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for H. B. 3083, Providing that magistrate court may be temporarily held in various locations throughout the county,
Com. Sub. for H. B. 4259, Revising the composition, powers and duties of the Governor's Cabinet on Children and Families,
H. B. 4287, Eliminating the provision of law limiting seniority rights for classified employees when funding the annual salary increment results in employee layoffs,

And,
H. B. 4304, Continuing the children's health insurance board.


House Calendar

Third Reading

Com. Sub. for H. B. 3097, Prescribing proper venue in civil actions involving West Virginia university and Marshall university; 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. 83), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

Absent And Not Voting: Coleman and Shelton.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3097) passed.

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


Second Reading

H. B. 4290, Creating a framework to avoid imposition of policies and practices on the public schools that distract from a thorough and efficient education; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.


Leaves of Absence

At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Coleman and Shelton.

At 12:21 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 10:00 a.m., Friday, February 6, 2004.