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Evening Session

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Special Calendar

Second Reading

S. B. 536, Relating to claims against state; on second reading, coming up in regular order, was read a second time and, at the request of Delegate Staton, and by unanimous consent, advanced to third reading and the rule was suspended to permit the offering and consideration of amendments on that reading.

The bill was then ordered to third reading.
S. B. 558, Making misuse of power of attorney or fiduciary relationship crime; on second reading, coming up in regular order, was read a second time.

An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page one, after the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:

"That §61-3-20 of the code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new section, designated §61-3-20a, all to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-20. Embezzlement.

If any officer, agent, clerk or servant of this state, or of any county, district, school district, or municipal corporation, or of any banking institution, or other corporation, or any officer of public trust in this state, or any agent, clerk or servant of any firm or person, or company or association of persons not incorporated, embezzle or fraudulently convert to his own use, bullion, money, bank notes, drafts, security for money, or any effects or property of any other person, which shall have come into his possession, or been placed under his care or management, by virtue of his office, place or employment, he shall be guilty of the larceny thereof. If such guilty person be an officer, agent, clerk or servant of any banking institution, he shall be guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary not less than ten years. And it shall not be necessary to describe in the indictment, or to identify upon the trial, the particular bullion, money, bank note, draft or security for money which is so taken, converted to his own use, or embezzled by him. In the prosecution of any such officer, agent, clerk or servant, charged with such embezzlement, fraudulent conversion or larceny, if it appear that the possession of such bullion, money, bank notes, drafts, security for money, or other property, is unlawfully withheld by such officer, agent, clerk or servant from the person or persons entitled thereto, and that such officer, agent, clerk or servant has failed or refused to restore or account for such bullion, money, bank notes, drafts, security for money, or other property, within thirty days after proper demand has been made therefor, such accused officer, agent, clerk or servant shall be presumed to be guilty of such offense; but the accused may rebut such presumption by disproving any such facts, or by other competent testimony germane to the issue, upon the trial.

And whenever any officer, agent, clerk or servant of this state, or of any county, district, school district, or municipal corporation, shall appropriate or use for his own benefit, or for the benefit of any other person, any bullion, money, bank notes, drafts, security for money, or funds, belonging to this state or to any such county, district, school district or municipal corporation, he shall be held to have embezzled the same, and be guilty of the larceny thereof. In the prosecution of any such officer, agent, clerk or servant of this state or of any county, district, school district, or municipal corporation, charged with appropriation or use for his own benefit or the benefit of any other person, any bullion, money, bank notes, drafts, security for money, or funds, belonging to this state or to any county, district, school district or municipal corporation, it shall not be necessary to describe in the indictment, or to identify upon the trial, the particular bullion, money, bank notes, drafts, security for money, or funds, appropriated or used for his own benefit or for the benefit of any other person. The failure of any such officer, clerk or servant to account for or pay over, as required by law, any such bullion, money, bank notes, drafts, security for money, or funds, shall be prima facie evidence that he has so appropriated or used the same for his own benefit or for the benefit of such other person.
§61-3-20a. Embezzlement by misuse of power of attorney or other fiduciary relationship; penalty.

Any person who holds a fiduciary power of attorney or who has a fiduciary relationship with a person and in so doing wilfully and with intent to defraud embezzles, misappropriates or fraudulently converts for his or her own benefit, or for the benefit of another, the assets or property, real or personal, with which he or she has been entrusted, or misuses or misappropriates funds from the person to whom he or she owes a fiduciary duty or misuses any account, line of credit or credit card of the principal for purposes not contemplated by the terms of the power of attorney instrument or fiduciary relationship, or for purposes not intended by the principal in the execution of the power of attorney or for purposes not intended by the fiduciary relationship, shall be held to have embezzled the same, and, upon conviction, shall be deemed guilty of the larceny thereof."

The bill was then ordered to third reading.
S. B. 574, Allowing commissioner to sell liquor warehouse under certain circumstances; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 596, Relating to powers and duties of board of directors of state board of risk and insurance management; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 616, Relating to environmental protection advisory council; on second reading, coming up in regular order, was read a second time.

An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page two, after the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following language:
"§22-1-9. Environmental protection advisory council.
(a) There is created within the department of commerce, labor and environmental resources environmental protection the environmental protection advisory council. The environmental protection advisory council consists of seven ten members. The director secretary serves as an ex officio member of the council and as its chair. The remaining six nine members are appointed by the governor. Each member serves for a term of four years and may be reappointed. Of the three newly appointed members of the council first appointed, as a result of the enactment of this section during the two thousand and four regular session, two shall be appointed for terms ending on the thirtieth day of June, one thousand nine hundred ninety-six, and two each for terms ending one and two years thereafter. two thousand and six and one for a term ending two years thereafter. Vacancies on the council shall be filled within sixty days after the vacancy occurs.
(b) Two members of the council shall represent industries regulated by the division or their trade associations. Two members shall represent organizations advocating environmental protection. One member shall represent organizations representing local governments. One member shall represent public service districts.
(b) The membership of the appointed council members is to be selected as follows:
Four members, nominations provided from each of the following organizations:
(1) The largest state organization representing manufacturers;
(2) The largest state trade organization representing coal producers;
(3) The largest state organization representing farming interests; and
(4) The largest employee organization representing coal miners within this state.
And from the following areas of interest:
(5) A forester registered pursuant to article nineteen, chapter thirty of this code and representing the interests of private owners of forest land;
(6) Two members shall represent organizations advocating environmental protection;
(7) One member shall represent organizations representing local governments; and
(8) One member shall represent public service districts.
In making subsequent appointments this balance of membership shall be maintained.
(c) Appointed members, who are not employees of the state, shall be paid the same compensation and expense reimbursement as is paid to members of the Legislature for their interim duties as recommended by the citizens legislative compensation commission and authorized by law for each day or portion thereof engaged in the discharge of official duties.
(d) The council shall meet at least once every quarter and at the call of the chair on his or her own motion or at the request of any five members of the council presented in writing to the chair.
At least fifteen days prior to each regularly scheduled quarterly meeting, or ten days in advance of a meeting called by the chair, the secretary shall provide to the council an agenda of all matters scheduled for discussion at the meeting together with any rules the secretary intends to propose for promulgation.
(e) The council shall:
(1) Consult with and advise the director secretary on program and policy development, problem solving and other appropriate subjects;
(2) Identify and define problems associated with the implementation of the policy set forth in section one of this article;
(3) Provide and disseminate to industry and the public early identification of major federal program and regulatory changes;
(4) Provide a forum for the resolution of conflicts between constituency groups;
(5) To the extent possible, strive for consensus on the development of overall environmental policy; and
(6) Upon a majority vote of the members, the council may submit to the secretary suggestions for proposed rulemaking which the secretary may propose as amendments to an existing rule or as a new rule pursuant to the provisions of chapter twenty-nine-a of this code;
(6) (7) Provide an annual report to the joint committee on government and finance on or before the first day of January of each year relating to its findings with regard to the division's performance during the previous year. The report will specifically address the division's department's performance in accomplishing the nine ten purposes set forth in subsection (b), section one of this article; and,
(8) Appoint technical advisory committees as may be of assistance to the council and secretary in the development of programs.
ARTICLE 3. SURFACE COAL MINING AND RECLAMATION ACT.

§22-3-33. Quality assurance and compliance advisory committee.

(a) A quality assurance and compliance advisory committee is hereby established.
(b) The purpose of the advisory committee is to review mine permitting procedures and related requirements and to work with the office of mining and reclamation to improve upon the efficiency and quality of permits issued by the office and improvement of the permitting process.
(c) The secretary shall serve as an ex officio member of the advisory committee and as its chair.
(d) The governor shall appoint two members to the committee who each have five or more years experience in either underground or surface coal mining; two members who each have five or more years experience in environmental protection and one citizen at large from a coal producing region of the state who is not currently nor has been employed in the coal mining industry.
(e) After the initial appointments, members shall serve for staggered terms of six years and may be reappointed. Two of the members of the advisory committee first appointed shall serve terms ending on the thirtieth day of June, two thousand six, and one each for terms ending two, three and four years thereafter.
(f) Vacancies on the advisory committee shall be filled within sixty days after the vacancy occurs. Members appointed to fill vacancies shall serve for the remainder of the unexpired term.
(g) Any appointed member whose term has expired shall serve until a successor has been duly appointed and qualified.
(h) Appointed members of the advisory committee shall be paid the same compensation and expense reimbursement as is provided for members of the Legislature pursuant to sections six and eight, article two-a, chapter four of this code.
(i) The advisory committee shall meet at the call of the secretary or his or her designee, but not less than every four months."
The bill was then ordered to third reading.
S. B. 636, Relating to employment of members of teachers defined benefit retirement system; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Education, was reported by the Clerk and adopted, amending the bill on page one, by striking out everything after the enacting clause and inserting in lieu thereof a new bill to read as follows:
"Be it enacted by the Legislature of West Virginia:
That §18-7A-13a and §18-7A-17 of the code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 7A. STATE TEACHERS RETIREMENT SYSTEM.

§18-7A-13a. Resumption of service by retired teachers.

(a) For the purpose of this section, reemployment of a former or retired teacher as a teacher shall in no way impair such that teacher's eligibility for a prior service pension or any other benefit provided by this article.

(b) Retired teachers, who qualified for an annuity because of age or service, may not receive prior service allowance from the retirement board when employed as a teacher and when regularly employed by the state of West Virginia. The payment of such the allowance shall be discontinued on the first day of the month within which such employment begins and shall be resumed on the first day of the month succeeding the month within which such employment ceases. The annuity paid any such the teacher on first retirement resulting from the teachers' accumulation fund and the employers' accumulation fund shall continue throughout the governmental service and thereafter according to the option selected by the teacher upon first retirement.

(c) Retired teachers, who qualified for an annuity because of disability, shall receive no further retirement payments if the retirement board finds that the disability of the teacher no longer exists; payment shall be discontinued on the first day of the month within which such the finding is made. If such the retired teacher returns to service as a teacher, he or she shall contribute to the teachers' accumulation fund as a member of the system. His or her prior service eligibility, if any, shall not be impaired because of his or her disability retirement. His or her accumulated contributions and interest which were transferred to the benefit fund upon his or her retirement shall be returned to his or her individual account in the teachers' accumulation fund, minus retirement payments received which were not supported by such the contributions and interest. Upon subsequent retirement, he or she shall receive credit for all of his or her contributory experience, anything to the contrary in this article notwithstanding.
(d) Notwithstanding any provision of this code to the contrary, a person who retires under the system provided by this article may subsequently become employed on either a full-time, part- time basis or contract basis by any institution of higher education. Any such employment after the effective date of the enactment of this section in two thousand four shall be without any loss of retirement annuity or retirement benefits if the person's retirement commences between the effective date of the enactment of this section in two thousand two first day of January, one thousand nine hundred ninety-five, and the thirty-first day of December, two thousand two three: Provided, That such the person shall not be eligible to participate in any other state retirement system provided by this code.

(e) The retirement board is herewith authorized to require of the retired teachers and their employers such reports as it deems considers necessary to effectuate the provisions of this section.
§18-7A-17. Statement and computation of teachers' service; qualified military service.


(a) Under rules adopted by the retirement board, each teacher shall file a detailed statement of his or her length of service as a teacher for which he or she claims credit. The retirement board shall determine what part of a year is the equivalent of a year of service. In computing the service, however, it shall credit no period of more than a month's duration during which a member was absent without pay, nor shall it credit for more than one year of service performed in any calendar year.

(b) For the purpose of this article, the retirement board shall grant prior service credit to new entrants and other members of the retirement system for service in any of the armed forces of the United States in any period of national emergency within which a federal Selective Service Act was in effect. For purposes of this section, 'armed forces' includes women's army corps, women's appointed volunteers for emergency service, army nurse corps, spars, women's reserve and other similar units officially parts of the military service of the United States. The military service is considered equivalent to public school teaching, and the salary equivalent for each year of that service is the actual salary of the member as a teacher for his or her first year of teaching after discharge from military service. Prior service credit for military service shall not exceed ten years for any one member, nor shall it exceed twenty-five percent of total service at the time of retirement. Notwithstanding the preceding provisions of this subsection, contributions, benefits and service credit with respect to qualified military service shall be provided in accordance with Section 414(u) of the Internal Revenue Code. For purposes of this section, 'qualified military service' has the same meaning as in Section 414(u) of the Internal Revenue Code. The retirement board is authorized to determine all questions and make all decisions relating to this section and, pursuant to the authority granted to the retirement board in section one, article ten-d, chapter five of this code, may promulgate rules relating to contributions, benefits and service credit to comply with Section 414(u) of the Internal Revenue Code.

(c) For service as a teacher in the employment of the federal government, or a state or territory of the United States, or a governmental subdivision of that state or territory, the retirement board shall grant credit to the member: Provided, That the member shall pay to the system double the amount he or she contributed during the first full year of current employment, times the number of years for which credit is granted, plus interest at a rate to be determined by the retirement board. The interest shall be deposited in the reserve fund and service credit granted at the time of retirement shall not exceed the lesser of ten years or fifty percent of the member's total service as a teacher in West Virginia. Any transfer of out-of-state service, as provided in this article, shall not be used to establish eligibility for a retirement allowance and the retirement board shall grant credit for the transferred service as additional service only: Provided, however, That a transfer of out-of-state service is prohibited if the service is used to obtain a retirement benefit from another retirement system: Provided further, That salaries paid to members for service prior to entrance into the retirement system shall not be used to compute the average final salary of the member under the retirement system.

(d) Service credit for members or retired members shall not be denied on the basis of minimum income rules promulgated by the teachers retirement board: Provided, That the member or retired member shall pay to the system the amount he or she would have contributed during the year or years of public school service for which credit was denied as a result of the minimum income rules of the teachers retirement board.

(e) No members shall be considered absent from service while serving as a member or employee of the Legislature of the state of West Virginia during any duly constituted session of that body or while serving as an elected member of a county commission during any duly constituted session of that body.

(f) No member shall be considered absent from service as a teacher while serving as an officer with a statewide professional teaching association, or who has served in that capacity, and no retired teacher, who served in that capacity while a member, shall be considered to have been absent from service as a teacher by reason of that service: Provided, That the period of service credit granted for that service shall not exceed ten years: Provided, however, That a member or retired teacher who is serving or has served as an officer of a statewide professional teaching association shall make deposits to the teachers retirement board, for the time of any absence, in an amount double the amount which he or she would have contributed in his or her regular assignment for a like period of time.

(g) The teachers retirement board shall grant service credit to any former or present member of the West Virginia public employees retirement system who has been a contributing member for more than three years, for service previously credited by the public employees retirement system and: (1) Shall require the transfer of the member's contributions to the teachers retirement system; or (2) shall require a repayment of the amount withdrawn any time prior to the member's retirement: Provided, That there shall be added by the member to the amounts transferred or repaid under this subsection an amount which shall be sufficient to equal the contributions he or she would have made had the member been under the teachers retirement system during the period of his or her membership in the public employees retirement system plus interest at a rate to be determined by the board compounded annually from the date of withdrawal to the date of payment. The interest paid shall be deposited in the reserve fund.

(h) For service as a teacher in an elementary or secondary parochial school, located within this state and fully accredited by the West Virginia department of education, the retirement board shall grant credit to the member: Provided, That the member shall pay to the system double the amount contributed during the first full year of current employment, times the number of years for which credit is granted, plus interest at a rate to be determined by the retirement board. The interest shall be deposited in the reserve fund and service granted at the time of retirement shall not exceed the lesser of ten years or fifty percent of the member's total service as a teacher in the West Virginia public school system. Any transfer of parochial school service, as provided in this section, may not be used to establish eligibility for a retirement allowance and the board shall grant credit for the transfer as additional service only: Provided, however, That a transfer of parochial school service is prohibited if the service is used to obtain a retirement benefit from another retirement system.

(i) Active members who previously worked in CETA (Comprehensive Employment and Training Act) may receive service credit for time served in that capacity: Provided, That in order to receive service credit under the provisions of this subsection the following conditions must be met: (1) The member must have moved from temporary employment with the participating employer to permanent full-time employment with the participating employer within one hundred twenty days following the termination of the member's CETA employment; (2) the board must receive evidence that establishes to a reasonable degree of certainty as determined by the board that the member previously worked in CETA; and (3) the member shall pay to the board an amount equal to the employer and employee contribution plus interest at the amount set by the board for the amount of service credit sought pursuant to this subsection: Provided, however, That the maximum service credit that may be obtained under the provisions of this subsection is two years: Provided further, That a member must apply and pay for the service credit allowed under this subsection and provide all necessary documentation by the thirty-first day of March, two thousand three: And provided further, That the board shall exercise due diligence to notify affected employees of the provisions of this subsection.

(j) If a member is not eligible for prior service credit or pension as provided in this article, then his or her prior service shall not be considered a part of his or her total service.

(k) A member who withdrew from membership may regain his or her former membership rights as specified in section thirteen of this article only in case he or she has served two years since his or her last withdrawal.

(l) Subject to the provisions of subsections (a) through (l), inclusive, of this section, the board shall verify as soon as practicable the statements of service submitted. The retirement board shall issue prior service certificates to all persons eligible for the certificates under the provisions of this article. The certificates shall state the length of the prior service credit, but in no case shall the prior service credit exceed forty years.

(m) Notwithstanding any provision of this article to the contrary, when a member is or has been elected to serve as a member of the Legislature, and the proper discharge of his or her duties of public office require that member to be absent from his or her teaching or administrative duties, the time served in discharge of his or her duties of the legislative office are credited as time served for purposes of computing service credit: Provided, That the board may not require any additional contributions from that member in order for the board to credit him or her with the contributing service credit earned while discharging official legislative duties: Provided, however, That nothing herein may be construed to relieve the employer from making the employer contribution at the member's regular salary rate or rate of pay from that employer on the contributing service credit earned while the member is discharging his or her official legislative duties. These employer payments shall commence as of the first day of June, two thousand: Provided further, That any member to which the provisions of this subsection apply may elect to pay to the board an amount equal to what his or her contribution would have been and, for service after the effective date of the amendment of this section in two thousand four, may also elect to pay in addition both the employer and employee share for legislative compensation, for those periods of time he or she was serving in the Legislature. The periods of time upon which the member paid his or her contribution and, if applicable, the compensation for which he or she paid both the employer and employee share, shall then be included for purposes of determining his or her final average salary as well as for determining years of service: And provided further, That a member utilizing the provisions of this subsection is not required to pay interest on any contributions he or she may decide to make.

(n) The teachers retirement board shall grant service credit to any former member of the state police death, disability and retirement system who has been a contributing member for more than three years, for service previously credited by the state police death, disability and retirement system; and: (1) Shall require the transfer of the member's contributions to the teachers retirement system; or (2) shall require a repayment of the amount withdrawn any time prior to the member's retirement: Provided, That the member shall add to the amounts transferred or repaid under this paragraph an amount which is sufficient to equal the contributions he or she would have made had the member been under the teachers retirement system during the period of his or her membership in the state police death, disability and retirement system plus interest at a rate of six percent compounded annually from the date of withdrawal to the date of payment. The interest paid shall be deposited in the reserve fund."

The bill was then ordered to third reading.
Com. Sub. for S. B. 637, Relating to termination of tenancy of factory-built home site; other provisions; on second reading, coming up in regular order, was read a second time.

An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page two, after the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following language:

"That §37-15-2, §37-15-3 and §37-15-6 of the code of West Virginia, 1931, as amended, be amended and reenacted; that said code be amended by adding thereto a new article, designated §37- 15-3a; and that said code be amended by adding thereto a new chapter, designated §55-3B-1, §55- 3B-2, §55-3B-3, §55-3B-4, §55-3B-5, §55-3B-6 and §55-3B-7, all to read as follows:


CHAPTER 37. REAL PROPERTY.

ARTICLE 15. HOUSE TRAILERS, MOBILE HOMES, MANUFACTURED HOMES AND MODULAR HOMES.

§37-15-2. Definitions.


For the purposes of this article, unless expressly stated otherwise:

(a) 'Abandoned factory-built home' means a factory-built home occupying a factory-built home site pursuant to a written agreement under which the tenant has defaulted in rent or the landlord has exercised any right to terminate the rental agreement;

(b) 'Factory-built home' includes modular homes, mobile homes, house trailers and manufactured homes;

(c) 'Factory-built home rental community' means a parcel of land under single or common ownership upon which two or more factory-built homes are located on a continual, nonrecreational basis together with any structure, equipment, road or facility intended for use incidental to the occupancy of the factory-built homes, but does not include premises used solely for storage or display of uninhabited factory-built homes or premises occupied solely by a landowner and members of his family;

(d) 'Factory-built home site' means a parcel of land within the boundaries of a factory-built home rental community provided for the placement of a single factory-built home and the exclusive use of its occupants;
(e) 'Good cause' means:

(1) The tenant is in arrears in the payment of periodic payments or other charges;

(2) The tenant has breached a material term of a written rental agreement or has repeatedly breached other terms of the rental agreement;

(3) Where there is no written agreement, or where the written agreement does not cover the subject matter of a warranty or leasehold covenant, the tenant breached a material warranty or leasehold covenant or has repeatedly breached other terms of a warranty or a leasehold covenant;

(4) The tenant has deliberately or negligently damaged the property or knowingly permitted another person to do so
.

(e)(f) 'House trailers' means all trailers designed or intended for human occupancy and commonly referred to as mobile homes or house trailers and shall include fold down camping and travel trailers as these terms are defined in section one, article six, chapter seventeen-a of this code, but only when such camping and travel trailers are located in a factory-built home rental community, as defined in this section, on a continual, nonrecreational basis.

(f)(g) 'Landlord' means the factory-built home rental community owner, lessor or sublessor of the factory-built home rental community, or an agent or representative authorized to act on his or her behalf in connection with matters relating to tenancy in the community.

(g)(h) 'Manufactured home' has the same meaning as the term is defined in section two, article nine, chapter twenty-one of this code which meets the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U. S. C. §§5401 et seq.), effective on the fifteenth day of June, one thousand nine hundred seventy-six, and the federal manufactured home construction and safety standards and regulations promulgated by the secretary of the United States department of housing and urban development.

(h)(i) 'Mobile home' means a transportable structure that is wholly, or in substantial part, made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation on a building site and designed for long-term residential use and built prior to enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974 (42 U. S. C. §§5401 et seq.), effective on the fifteenth day of June, one thousand nine hundred seventy-six, and usually built to the voluntary industry standard of the American national standards institute (ANSI)-- A119.1 standards for mobile homes.

(i)(j) 'Modular home' means any structure that is wholly, or in substantial part, made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation on a building site and designed for long-term residential use and is certified as meeting the standards contained in the state fire code encompassed in the legislative rules promulgated by the state fire commission pursuant to section five-b, article three, chapter twenty-nine of this code.
(j)(k) 'Owner' means one or more persons, jointly or severally, in whom is vested: (i) All or part of the legal title to the factory-built home rental community; or (ii) all or part of the beneficial ownership and right to present use and enjoyment of the factory-built homesite or other areas specified in the rental agreement and the term includes a mortgagee in possession.

(k)(l) 'Rent' means payments made by the tenant to the landlord for use of a factory-built home site and as payment for other facilities or services provided by the landlord.

(m) 'Section' means a unit of a factory-built home which is transported and delivered as a whole and which contains some or all of the indoor living area.

(l) (n) 'Tenant' means a person entitled pursuant to a rental agreement to occupy a factory- built home site to the exclusion of others.
§37-15-3. Written agreement required.

(a) The rental and occupancy of a factory-built home site shall be governed by a written agreement which shall be dated and signed by all parties thereto prior to commencement of tenancy. A copy of the signed and dated written agreement and a copy of this article shall be given by the landlord to the tenant within seven days after the tenant signs the written agreement.

(b) The written agreement, in addition to the provisions otherwise required by law to be included, shall contain:

(1) The terms of the tenancy and the rent therefor;

(2) The rules and regulations of the factory-built home rental community. A copy of the text of the rules and regulations attached as an exhibit satisfies this requirement;

(3) The language of the provisions of this article. A copy of the text of this article attached as an exhibit satisfies this requirement;

(4) A description of the physical improvements and maintenance to be provided by the tenant and the landlord during the tenancy; and

(5) A provision listing those services which will be provided at the time the rental agreement is executed and will continue to be offered for the term of tenancy and the fees, if any, to be charged for those services.

(c) The written agreement for a factory-built home site on which is placed a factory-built home that is comprised of one section, other than a camping or travel trailer, may not allow for the termination of the tenancy by the landlord during the first twelve months that the factory-built home is placed on the site except for good cause. The written agreement for a factory-built home site upon which is placed a factory-built home that is comprised of more than one section may not allow for the termination of the tenancy by the landlord during the first five years the factory-built home is placed on the site except for good cause.

(c) (d) The written agreement may not contain:

(1) Any provisions contrary to the provisions of this article and shall not contain a provision prohibiting the tenant who owns his or her factory-built home from selling his or her factory-built home;

(2) Any provision that requires the tenant to pay any recurring charges except fixed rent, utility charges or reasonable incidental charges for services or facilities supplied by the landlord; or

(3) Any provision by which the tenant waives his or her rights under the provisions of this article.

(d) (e) When any person possesses a security interest in the factory-built home, the written agreement or rental application shall contain the name and address of any secured parties. The written agreement shall require the tenant to notify the landlord within ten days of any new security interest, change of existing security interest or settlement or release of the security interest.

(e) (f) When a factory-built home owner sells a factory-built home, the new owner shall enter into a written agreement if the factory-built home continues to occupy the site: Provided, That the new owner meets the standards and restrictions contained in the prior rental agreement.
37-15-3a. Rules and regulations.

(a) An owner, from time to time, may adopt rules or regulations concerning the tenant's use and occupancy of the premises. A rule or regulation is enforceable against the tenant if the rule or regulation:
(1) Is reasonably related to the purpose for which it is adopted;


(2) Applies to all tenants in the factory-built home rental community in a fair manner;

(3) Is sufficiently explicit in its prohibition, direction, or limitation of the tenant's conduct to fairly inform the tenant of what the tenant must or must not do to comply;

(4) Is not for the purpose of evading the obligations of the landlord; and

(5) The tenant has been given written notice of the rule at the time the tenant enters into the rental agreement, or when it is adopted by the owner.

(b) A rule or regulation adopted by the owner after the tenant has entered into a rental agreement that results in a substantial modification of the tenant's original rental agreement does not become effective until the current rental agreement expires and a new agreement is made in writing.
§37-15-6. Termination of tenancy.

(a) The tenancy for a factory-built home site upon which is placed a factory-built home that is comprised of one section, other than a camping or travel trailer, may not be terminated until twelve months after the home is placed on the site except for good cause. The tenancy for a factory-built home site on which is placed a factory-built home that is comprised of two or more sections may not be terminated until five years after the home has been placed on the site except for good cause.

(b) The tenancy for a factory-built home, other then a camping or travel trailer, may be terminated at the time set forth in this subsection.

(1)
Either party may terminate a rental agreement at the end of its stated term or at the end of the time period set out in subsection (a) of this section, whichever is later, for any reason, unless the rental agreement states that reasons for termination must exist.

(2) Either party may terminate a tenancy which has continued after its stated term and longer than the period set out in subsection(a) of this section for no reason, unless the rental agreement states that reasons must exist.

(3) A tenancy that has not reached the end of its stated term or has not existed for the time periods stated in subsection (a) may be terminated only for good cause.

(c)
which is for a term of thirty days or more by giving written notice to the other party at least thirty days prior to the termination date: Provided, That A tenancy governed by subdivision (1) or (2), subsection (b) of this section may be terminated only by written notice at least three months before the termination date of the tenancy. A tenancy governed by subdivision (3), subsection (a) of this section may be terminated only by a written notice at least three months before the termination date of the tenancy. The rental agreement may specify a period of notice in excess of thirty days the periods of time set out in this subsection.

(d) A landlord may not cause the eviction of a tenant by willfully interrupting gas, electricity, water or any other essential service, or by removal of the factory-built home from the factory-built home site, or by any other willful self-help measure.

(d) A rental agreement may be terminated by the landlord for the following reasons:

(1) Failure to comply with the terms of the rental agreement;

(2) Condemnation of the community; or

(3) change of use of the community:
Provided, That all requirements imposed by this chapter are complied with.

(c)(e) The landlord shall set forth in a notice of termination the reason relied upon for the termination with specific facts to permit determination of the date, place, witnesses and circumstances concerning that reason.

(f) Unless the landlord is changing the use of the site, if If a tenancy is ended by the landlord at the later of its stated term or at the end of the time period set out in subsection (a) of this article with no good cause, the owner may not prevent the sale of the factory-built home in place to another tenant who meets the standards and restrictions in effect for other new tenants prior to the termination of the tenancy.
CHAPTER 55. ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALE.
ARTICLE 3B. REMEDIES FOR WRONGFUL OCCUPATION OF FACTORY-BUILT HOME SITE.

§55-3B-1. Definitions
.

For the purposes of this article, unless expressly stated otherwise:

(a) 'Factory-built home' has the same meaning given to that term in West Virginia code section two, article fifteen, chapter thirty-seven of this code.

(b) 'Factory-built home site' means a parcel of land provided for the placement of a factory- built home for occupancy as a residence whether or not in a factory-built home community. A factory-built home site is not residential rental property for the purposes of article three-a of this chapter.

(c) 'Good cause' means:

(1) The tenant is in arrears in the payment of periodic payments or other charges related to the tenancy;

(2) The tenant has breached a material term of a written rental agreement or repeatedly breached other terms of a written rental agreement including those agreements required in section three, article fifteen, chapter thirty-seven of this code;

(3) Where there is no written agreement, or where the written agreement does not cover the subject matter of a warranty or leasehold covenant, the tenant breached a material term of a warranty or leasehold covenant or repeatedly breached other terms of a warranty of leasehold covenant;

(4) The tenant has deliberately or negligently damaged the property or knowingly permitted another person to do so.

(d) 'Section' means a unit of a factory-built home which is transported and delivered as a whole and which contains some or all of the indoor living area.
§55-3B-2. Tenancy of factory-built home site.

(a) The tenancy of the site of a factory-built home that is comprised of one section and that is not subject to a written agreement is from month to month. The tenancy of the site of a factory- built home that is comprised of two or more sections that is not subject to a written agreement is from year to year.

(b) The tenancy of a factory-built home site that has placed on it a factory-built home that is comprised of one section, other then a camping or travel trailer, may not be terminated by the landlord until twelve months after the tenancy began except for good cause. The tenancy of a factory-built home site that has placed on it a factory-built home that is comprised of two or more sections may not be terminated by the landlord until five years after the tenancy began except for good cause. A written agreement may provide that the tenant may not terminate the tenancy for the same or greater periods of time. A written agreement may provide that the landlord may not terminate the tenancy for greater periods of time.

(c) For a month-to-month or year-to-year tenancy or a tenancy that is created by a written agreement for a definite period of time, the tenancy does not terminate at the end of the month, year or stated period of time unless either party gives timely notice as required in section three of this article. If no notice is given and if no new agreement is made, the tenancy of a factory-built home site that is comprised of one section becomes a month-to-month tenancy and the tenancy of a factory- built home that is comprised of two or more sections becomes a year-to-year tenancy.
§55-3B-3. Termination of tenancy.

(a) The tenancy of a factory-built home site may be terminated by either party only by giving at least three months' notice in writing to the other of his or her intention to terminate the tenancy. When such notice is to the tenant, it may be served upon him, or upon anyone holding under him the leased premises or any part thereof. When it is by the tenant, it may be served upon anyone who at the time owns the premises, in whole or in part, or the agent of such owner or according to the common law.

(b) Unless the landlord is changing the use of the site, if a tenancy is ended by the landlord at the later of its stated term or at the end of the time period set out in subsection (b), section two of this article, with no good cause, the owner may not prevent the sale of the factory-built home in place to another tenant who meets the standards and criteria in effect for new tenants prior to the termination of the tenancy.
§55-3B-4. Petition for summary relief for wrongful occupation of residential rental property.


(a) A person desiring to remove a tenant and factory-built home from a factory-built home site may apply for such relief to the magistrate court or the circuit court of the county in which such property is located, by verified petition, setting forth the following:

(1) That he is the owner or agent of the owner and as such has a right to evict the tenant and have the factory-built home of the tenant's removed;

(2) A brief description of the factory-built home site sufficient to identify it;

(3) That the tenant is wrongfully occupying such property in that the tenant is:

(A) Holding over after having been given proper notice of termination of tenancy, whether or not the tenant has continued to pay and the landlord has accepted rent; or
(B) The landlord has good cause; and


(4) A prayer for eviction of the tenant and removal of the tenant's factory-built home.

(b) Previous to the filing of the petition the person shall request from the court the time and place at which the petitioner shall be heard. The court shall fix a time for such hearing, which time shall not be less than five nor more than ten judicial days following such request.

(c) Immediately upon being apprised of the time and place for hearing the petitioner shall cause a notice of the same to be served upon the tenant in accordance with the provisions of rule 4 of the West Virginia rules of civil procedure or by certified mail, return receipt requested. Such notice shall inform the tenant that any defense to the petition must be submitted in writing to the petitioner within five days of the receipt by the tenant of the notice and in no case later than the fifth day next preceding the date of hearing. Upon receipt of the return of service or the return receipt as the case may be, evidencing service upon the tenant, the petitioner shall file with the court his petition and such proof of service.
§55-3B-5. Defenses available.

In a proceeding under the provisions of this article, a tenant against whom a petition has been brought may assert any and all defenses which might be raised in an action for ejectment or an action for unlawful detainer or provided by this article or article fifteen, chapter thirty-seven of this code.
§55-3B-6. Proceedings in court; final order; disposition of abandoned personal property.


(a) If at the time of the hearing there has been no appearance, answer or other responsive pleading filed by the tenant, the court shall make and enter an order evicting the tenant and ordering the tenant to have the factory-built home removed.

(b) In the case of a petition alleging good cause or holding over after proper termination of a tenancy, if the tenant files an answer raising the defense of breach by the landlord of a material covenant upon which the tenant's duties depend or other defenses to the claim or claims set forth in the petition, the court shall proceed to a hearing on such issues.

(c) Continuances of the hearing provided for in this section shall be for good cause only and the judge or magistrate shall not grant a continuance to either party as a matter of right. If a continuance is granted upon request by a tenant, the tenant shall be required to pay into court any periodic rent becoming due during the period of such continuance.

(d) At the conclusion of the hearing, if the court finds that the landlord is entitled to evict the tenants and have the factory-built home of the tenant's removed, the court shall make and enter an order evicting the tenants and ordering the tenants to have the factory-built home removed. In the case of a proceeding pursuant to subsection (a) of this section, the court may also make a written finding and include in its order such relief on the issue of arrearage in the payment of periodic payments or other agreed charges related to the tenancy as the evidence may require. The court may disburse any moneys paid into court by the tenant in accordance with the provisions of this section.

(e) The court order shall specify the time when the tenant shall vacate the property, taking into consideration such factors as the nature of the factory-built home, the possibility of relative harm to the parties and other material facts deemed relevant by the court in considering when the tenant might reasonably be expected to vacate the property. The court shall not order the tenant to vacate the premises in less than one month unless the tenant refuses or fails to pay rent for that period in advance as it becomes due or unless the court finds that the tenant has deliberately or negligently damaged the property or the property of other tenants or materially threatened or harmed the quiet enjoyment of the property of other tenants or neighbors or knowingly permitted another person to do so. The court shall not order the tenant to remove the factory-built home in less than three months unless the tenant refuses or fails to pay rent in advance as it becomes due for that period or unless the court finds that the presence of the factory-built home poses an imminent threat to the health or safety of other tenants or neighbors: Provided, That the court may order the home to be removed in not less than thirty days if the factory-built home is a single section and the tenant had held over after having been given notice pursuant to section three of this article. The order shall further provide that if the tenant continues to wrongfully occupy the property beyond such time or if the tenant refuses or fails to remove the factory-built home in the time required, the landlord may apply for a writ of possession and the sheriff shall forthwith remove the tenant, taking precautions to guard against damage to the property of the landlord and the tenant.

(f) In the event an appeal is taken and the tenant prevails upon appeal, and if the term of the lease has expired and proper termination notice was given pursuant to section three of this article, absent an issue of title, retaliatory eviction or breach of warranty, the relief ordered by the appellate court shall be for monetary damages only and shall not restore the tenant to possession. During the pendency of any such appeal, if the period of the tenancy has otherwise expired and proper termination notice was given pursuant to section three of this article, the tenant is not entitled to remain in possession of the property.

(g) When an order is issued pursuant to this section evicting the tenant and ordering the tenant to remove the factory-built home and the tenant fails to remove the factory-built home by the date specified by the order issued pursuant to subsection (e) of this section, the landlord may:

(1) Dispose of the tenant's factory-built home without incurring any liability or responsibility to the tenant or any other person if the tenant informs the landlord in writing that the tenant is abandoning the factory-built home;

(2) Remove and store the factory-built home after the date and time by which the court ordered the tenant to remove the factory- built home. The landlord may sell the stored factory-built home after thirty days without incurring any liability or responsibility to the tenant or any other person if: (i) The tenant has not paid the reasonable costs of storage and removal to the landlord and has not taken possession of the stored factory-built home; or (ii) the costs of storage equal the value of the factory-built home being stored; or

(3) Leave the factory-built home on the property. The landlord may sell the factory-built home left on the property after thirty days without incurring any liability or responsibility to the tenant or any other person if the tenant has not paid the landlord the reasonable costs of leaving the factory-built home on the landlord's property and has not taken possession of the factory-built home.

(h) The sale shall be conducted and the proceeds distributed pursuant to article nine, chapter forty-six of this code as if the landlord became the holder of a security interest on the day the tenant was to have the factory-built home removed from the site except that the landlord shall have first priority to recover unpaid rent and may require as a condition of the sale that the buyer post security or place in escrow the cost of moving the factory-built home from the site.

(i) When an order is issued pursuant to this section granting possession of the property to the landlord, and the tenant removes the factory-built home, but fails to remove all other personal property by the date and time specified by the order issued pursuant to subsection (e) of this section, the landlord may:

(1) Dispose of the tenant's personal property without incurring any liability or responsibility to the tenant or any other person if the tenant informs the landlord in writing that the other personal property is abandoned or if the property is garbage;

(2) Remove and store the other personal property after the date and time by which the court ordered the tenant to vacate the property. The landlord may dispose of the stored personal property after thirty days without incurring any liability or responsibility to the tenant or any other person if: (i) The tenant has not paid the reasonable costs of storage and removal to the landlord and has not taken possession of the stored personal property; or (ii) the costs of storage equal the value of the personal property being stored; or

(3) Leave the personal property on the property. The landlord may dispose of personal property left on the property after thirty days without incurring any liability or responsibility to the tenant or any other person if the tenant has not paid the landlord the reasonable costs of leaving the personal property on the landlord's property and has not taken possession of the personal property.

(j) Notwithstanding the provisions of subsections (g) and (i) of this section, if the personal property is worth more than three hundred dollars and was not removed from the property or place of storage within thirty days with the required fees paid as provided in subsection (i) of this section, or if the factory-built home was not removed within thirty days with the required fees paid as provided in subsection (g) of this section, the landlord shall store the personal property or factory- built home for up to thirty additional days if the tenant or any person holding a security interest in the abandoned personal property or factory-built home informs the landlord of their intent to remove the property: Provided, That the tenant or person holding a security interest in the personal property pays the landlord the reasonable costs of storage and removal.
§55-3B-7. Waiver.
A tenant's rights under this article may not be waived by agreement."

The bill was then ordered to third reading.
S. B. 673, Relating to reporting requirements on coal resource transportation roads; on second reading, coming up in regular order, was read a second time.

An amendment, recommended by the Committee on Finance, was reported by the Clerk on page two, after the article heading by inserting the following:
"§17C-17-8a. Tandem-axle load limit for the national system of interstate and defense highways.


(a) The gross weight imposed on the highway national system of interstate and defense highways by the wheels of a tandem-axle of a vehicle shall not exceed thirty-four thousand pounds.

(b) For the purpose of this article a tandem-axle load shall be defined as the total load transmitted to the road by two or more consecutive axles whose centers may be included between parallel transverse vertical planes spaced more than forty inches and not more than ninety-six inches apart, extending the full width of the vehicle.
§17C-17-9. Gross weight of vehicles and loads for the national system of interstate and defense highways.


(a) It shall be unlawful for any owner, lessee or borrower of a vehicle or combination of vehicles to operate on any highway national system of interstate and defense highways such vehicle or combination of vehicles with a gross weight in excess of the gross weight for which such vehicle or combination of vehicles is registered or in excess of any weight limitation set forth in this chapter, whether such limitation be specifically stated in this chapter or set by express authority granted in this chapter.

(b) Subject to the limit upon the weight imposed upon the highway through any one axle as set forth in section eight of this article, or the limit imposed upon the highway through any tandem- axle as set forth in section eight-a of this article, the total gross weight with load imposed upon the highway by any one group of two or more consecutive axles of a vehicle or combination of vehicles shall not exceed the gross weight given for the respective distance between the first and last axle of the total group of axles measured longitudinally to the nearest foot as set forth in the following table:
Distance in feet between the extremes of any groups of two or more consecutive Maximum load in pounds carried on any group of two or more consecutive axles
axles 2 axles3 axles4 axles5 axles6 axles

434000

534000

634000

734000

83400034000

93900042500

104000043500

1144000

124500050000

134550050500

144650051500

154700052000

16480005250058000

17485005350058500

18495005400059000

19500005450060000

2051000555006050066000

2151500560006100066500

2252500565006150067000

2353000575006250068000

2454000580006300068500

2554500585006350069000

2655500595006400069500

2756000600006500070000

2857000605006550071000

2957500615006600071500

3058500620006650072000

3159000625006750072500

3260000635006800073000

33640006850074000

34645006900074500

35655007000075000

36660007050075500

37665007100076000

38675007200077000

39680007250077500

40685007300078000

41695007350078500

42700007400079000

43705007500080000

44715007550080500

45720007600081000

46725007650081500

47735007750082000

48740007800083000

49745007850083500

50755007900084000

51760008000084500

52765008050085000

53775008100086000

54780008150086500

55785008250087000

56795008300087500

57800008350088000

588400089000

598500089500

608550090000
Provided, That no vehicle or combination of vehicles shall have a gross weight, including the load, in excess of sixty-five thousand pounds, except that the maximum gross weight of vehicles operating on the national system of interstate and defense highways and any highway providing reasonable access to and from terminals and facilities for food, fuel, repairs and rest within the state shall not be in excess of eighty thousand pounds and except as otherwise provided in this article. Notwithstanding the limits prescribed in subsection (b) of this section, two consecutive sets of tandem-axles may carry a gross load of thirty-four thousand pounds each providing the overall distance between the first and last axles of such consecutive sets of tandem- axles is thirty-six feet or more: Provided, however, That the limits prescribed in subsection (b) of this section shall not prohibit the operation of any vehicle or combination of vehicles of a type which could be lawfully operated in accordance with gross vehicle weights in effect on the first day of January, one thousand nine hundred seventy-five: Provided further, That no maximum weight in excess of or in conflict with any weight limitations prescribed by or pursuant to any act of Congress shall be permitted on the national system of interstate and defense highways.
§17C-17-9a. Gross weight of vehicles and loads.
(a) It shall be unlawful for any owner, lessee or borrower of a vehicle or combination of vehicles to operate on any highway other than the national system of interstate and defense highways such vehicle or combination of vehicles with a gross weight in excess of the gross weight for which such vehicle or combination of vehicles is registered or in excess of any weight limitation set forth in this chapter, whether such limitation be specifically stated in this chapter or set by express authority granted this chapter.
(b) Subject to the limit upon the weight imposed upon the highway through any one axle as set forth in section eight of this article, the total gross weight on vehicles or combination of vehicles operated on any highway other than the national system of interstate and defense highways shall be as follows:
(1) A single unit truck having one steering axle and two axles in tandem shall be limited to a maximum gross weight of sixty thousand pounds with a tolerance of ten percent.
(2) A single unit truck having one steering axle and three axles in tridem arrangement shall be limited to a maximum gross weight of seventy thousand pounds with a tolerance of ten percent.
(3) A tractor-semitrailer combination with five axles shall be limited to a maximum gross weight of eighty thousand pounds with a tolerance of ten percent.
(4) A tractor-semitrailer combination with six or more axles shall be limited to a maximum gross weight of eighty thousand pounds with a tolerance of ten percent.
';
On page six, section one, line seventy-one, following the words 'providing for', by striking out the 'statewide.'
On page seven, section three, lines twelve and thirteen, following the word 'routes', by striking out the numbers '19, 20, 39, 41 and 55' and inserting in lieu thereof the numbers '16, 19, 20, 39, 41, 55 and 82';
On page seven, section three, line thirteen, following the word 'routes 9' and the comma, by inserting the number '9/1' and a comma;
On page eleven, section six, beginning on line one, following the words 'transport on a', by striking out the words 'public highway in this state that loads vehicles to a gross weight in excess of eighty thousand gross pounds' and inserting in lieu thereof the words 'coal resource transportation road in this state that loads vehicles';
On page eleven, section six, line eight, following the words 'upon any', by striking out the words 'public highway' and inserting in lieu thereof the words 'coal resource transportation road;'
On page eleven, section six, line eighteen, following the words 'transported on a', by striking out the words 'public highway' and inserting in lieu thereof the words 'coal resource transportation road;'
On page twelve, section six, following line thirty-five, by inserting the following:
'(e) Any receiver receiving any vehicle transporting coal in excess of eighty-eight thousand pounds on any non-coal transportation highways shall file a report with the public service commission, identifying the vehicle and its driver within twenty-four hours of being received. The reports shall be subject to freedom of information requests in accordance with chapter twenty-nine-b of this code. Nothing contained in this subsection shall be construed to restrict application of any other provision of this chapter or any rules promulgated pursuant to this chapter.
§17C-17A-12. Designating special coal resource transportation roads, highways and bridges.

(a) From those counties and districts described in subdivision (a), section two of this article, the commissioner of the division of highways shall identify those public roads, highways and bridges used during the previous twelve month period for transportation of quantities of coal in excess of fifty thousand tons or projected to be used for transporting quantities of coal in excess of fifty thousand tons during the ensuing year. The identification process shall include the following as to each discretely identifiable section of the public highway:
(1) The current condition of the public roads, highways and bridges;
(2) The estimated quantities of coal transported;
(3) Any planned or necessary maintenance or improvement;
(4) The number of truck loads of coal transported in an average day;
(5) Any anticipated increase or decrease in the quantity of coal being transported; and
(6) Other information determined by the commissioner to be relevant.
(b) The commissioner of the division of highways may also identify those public roads, highways and bridges which are being used for the transport of coal and serve as feeder roads to the coal resource transportation system, but do not qualify for inclusion therein, based upon the quantity of coal being transported and which provide service to an active coal mine or load out facility. These roads may also be designated, on a temporary basis, as being qualified for inclusion in the coal resource transportation system for the life of the mining activity which the feeder road serves.
(b) (c) Upon completion of the identification process, but in no event later than the first day of July, two thousand three, the commissioner shall designate by order an interim coal resource transportation road system consisting of those public roads, highways, bridges or segments thereof which may be used as special coal haulage roads consistent with the authority contained in this article. The commissioner shall establish a process for the receipt and evaluation of public comment on the designations contained within the interim coal resource transportation road system, and designate weight limits and other conditions for use of the coal resource transportation road system as public interest so provides. The commissioner shall publish a directory, including supporting maps and other documents, of the interim coal resource transportation road system.
(c) (d) By no later than the first day of January, two thousand four, the commissioner shall designate by order the coal resource transportation road system and shall publish a directory, including supporting maps and other documents, of that road system.
(d) (e) The commissioner shall establish a process for periodic evaluation of the designations contained in the coal resource transportation road system in order to add to or delete from the road system certain additional sections of public highways: Provided, That the evaluations and modifications of the road system shall be completed at a minimum on an annual basis.'
And,
By amending the enacting section to read as follows:
'That §17C-17-8a, §17C-17-9 and §17C-17-11d of the code of West Virginia, 1931, as amended, be amended and reenacted; that said code be amended by adding thereto a new section, designated §17C-17-9a; and that §17C-17A-1, §17C-17A-3, §17C-17A-6 and §17C-17A-12 of said code be amended and reenacted, all to read as follows" followed by a colon.
On motion of Delegates Michael, Frederick, Browning and Caputo, the Committee amendment was amended on page six, by striking out lines twenty-five and twenty-six in their entirety, and continuing on page seven, by striking out line one in its entirety.
And,
On page eight, following line twenty-one, by striking out subsection (b) in its entirety and redesignating the remaining subsections.
The question now before the House being on the adoption of the Committee amendment, as amended, the same was put and prevailed.
The bill was then ordered to third reading.
Com. Sub. for S. B. 675, Relating to outdoor advertising revenues; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 713, Expiring funds to unappropriated balance of general revenue from board of risk and insurance management, premium tax savings fund; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 714, Expiring funds to unappropriated balance of general revenue from insurance commission fund; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 715, Expiring funds to unappropriated balance of general revenue from public service commission; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 719, Increasing tax on providers of nursing facility services; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk on page three, by inserting a new section to read as follows:
"§11-27-37. Contingent increase in rates of certain health care provider taxes.
(a) Increase in rates of certain provider taxes. - Notwithstanding any provision of this code to the contrary:
(1) The rate of the tax imposed by section four of this article on providers of ambulatory surgical centers shall be two and thirty-six hundredths percent of the gross receipts received or receivable by providers on and after the first day of the calendar month as provided in subsection (b) of this section;
(2) The rate of the tax imposed by section nine of this article on providers of inpatient hospital services shall be three and thirty-eight hundredths percent of the gross receipts received or receivable by providers on and after the first day of the calendar month as provided in subsection (b) of this section;
(3) The rate of tax imposed by section ten of this article on providers of intermediate care facility services shall be five and ninety-five hundredths percent of the gross receipts received or receivable by providers on and after the first day of the calendar month as provided in subsection (b) of this section; and
(4) The rate of the tax imposed by section fifteen of this article on providers of outpatient hospital services shall be three and thirty-eight hundredths percent of the gross receipts received or receivable by providers on and after the first day of the calendar month as provided in subsection (b) of this section.
(b) Effective date. - This section shall take effect as provided in section thirty of the Constitution of this state: Provided, That this section shall not apply to any taxpayer until (1) the first day of the calendar month beginning at least thirty days after the governor issues an executive order finding that estimated general revenue fund collections and funds available to fund this state's medicaid program as set forth in the annual budget bill enacted by the Legislature will each be less in the next fiscal year than those funds are estimated to be in the current fiscal year, (2) such later first day of the calendar month specified as the effective date in the executive order, or (3) the first day of March following issuance of the executive order, whichever date is the later."
Unanimous consent having been obtained, the Finance amendment was subsequently withdrawn.
On motion of Mr. Speaker, Mr. Kiss, and Delegate Michael the bill was amended on page three, by inserting a new section to read as follows:
"§11-27-37. Contingent increase in rates of certain health care provider taxes.
(a) Increase in rates of certain provider taxes. - Notwithstanding any provision of this code to the contrary:
(1) The rate of the tax imposed by section four of this article on providers of ambulatory surgical centers shall be two and thirty-six hundredths percent of the gross receipts received or receivable by providers on and after the first day of the calendar month as provided in subsection (b) of this section;
(2) The rate of the tax imposed by section nine of this article on providers of inpatient hospital services shall be three and thirty-eight hundredths percent of the gross receipts received or receivable by providers on and after the first day of the calendar month as provided in subsection (b) of this section;
(3) The rate of tax imposed by section ten of this article on providers of intermediate care facility services shall be five and ninety-five hundredths percent of the gross receipts received or receivable by providers on and after the first day of the calendar month as provided in subsection (b) of this section; and
(4) The rate of the tax imposed by section fifteen of this article on providers of outpatient hospital services shall be three and thirty-eight hundredths percent of the gross receipts received or receivable by providers on and after the first day of the calendar month as provided in subsection (b) of this section.
(b) Effective date. - This section shall take effect as provided in article six, section thirty of the Constitution of this state: Provided, That this section does not apply to any taxpayer unless and until all of the following have occurred: (1) the governor makes a determination that both estimated general revenue fund collections and the funds available to fund this state's Medicaid program as set forth in the annual budget bill enacted by the Legislature will both be less in the next fiscal year than those funds are estimated to be in the current fiscal year, with this decrease being a result of changes, or anticipated changes, in the Medicaid program at the federal level or a result of federal administrative actions with respect to this state's Medicaid program; (2) the governor notifies the president of the senate and the speaker of the house of delegates of this determination; (3) the governor issues an executive order convening a panel to study and examine possible alternative means of addressing and resolving the anticipated Medicaid program budget shortfall, which panel shall include, but may not be limited to, one or more representatives of each group of providers upon which the provider tax increases contemplated by this section may be imposed; (4) this panel is afforded not less than seventy-five days in which to conduct its study and provide a report and recommendations to the governor, the president of the senate and the speaker of the house of delegates; and (5) the Legislature adopts a resolution authorizing imposition of the rate increases described in this section. If, and only if, no other solution than the tax increase set forth herein is implemented by either administrative or legislative action in response to the report and recommendations of the study panel to the anticipated Medicaid budget shortfall, and upon adoption of a resolution of the Legislature, the provisions of this section shall become effective on the date specified by the Legislature in the resolution."

The bill was then ordered to third reading.
S. B. 724, Transferring authority to propose rules relating to water quality standards to department of environmental protection; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page two, after the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
"That §22-11-7b of the code of West Virginia, 1931, as amended, be amended and reenacted; that §22-12-4 of said code be amended and reenacted; and that §22B-3-2 and §22B-3-4 of said code be amended and reenacted, all to read as follows:
CHAPTER 22. ENVIRONMENTAL RESOURCES.

ARTICLE 11. WATER POLLUTION CONTROL ACT.
§22-11-7b. Water quality standards; implementation of antidegradation procedures.


(a) The director of the bureau of the environment shall establish the antidegradation implementation procedures as required by 40 C.F.R. 131.12(a) which apply to regulated activities that have the potential to affect water quality. The director shall propose for legislative approval pursuant to article three, chapter twenty-nine-a of the code, emergency and legislative rules to establish implementation procedures which include specifics of the review depending upon the existing uses of the water body segment that would be affected, the level of protection 'tier' assigned to the applicable water body segment, the nature of the activity, and the extent to which existing water quality would be degraded.

(b) The legislative rule filed by the environmental quality board as 46 CSR 1 in the state register on the first day of September, two thousand, authorized under the authority of section four, article three, chapter twenty-two-b, of this code, as amended by the Legislature during the two thousand one legislative session, establishes standards of water quality for waters of the state. Appendices F, F-1, F-2 and F-3 of the rule contain the antidegradation implementation procedures for the state. The authority and responsibility to develop and implement antidegradation procedures for West Virginia is effective the first day of July, two thousand one, transferred from the environmental quality board to the director. The provisions of Appendices F, F-1, F-2 and F-3 shall remain in full force and effect as if promulgated by the director until such time as the director files the rules authorized herein. The initial rule filed by the director shall contain the same provisions as Appendices F, F-1, F-2 and F-3, 46 CSR 1 approved by the Legislature during the two thousand one regular session. Notwithstanding any provision of the code to the contrary, the initial rule filed by the director shall be effective from filing.

(a) All authority to promulgate rules and implement water quality standards vested in the environmental quality board is hereby transferred from the environmental quality board to the secretary of the department of environmental protection as of the effective date of the amendment and reenactment of this section during the two thousand four session of the Legislature: Provided, That the legislative rule 'Requirements Governing Water Quality Standards, 46 CSR 1' authorized by legislative enactment during the two thousand four session of the Legislature shall remain in force and effect until the secretary amends the rule in accordance with the provisions of article three, chapter twenty-nine-a of this code. Any proceedings, including notices of proposed rulemaking pending before the environmental quality board, and any other functions, actions or authority transferred to the secretary shall continue in effect as actions of the secretary.

(b) All meetings with the secretary or any employee of the department and any interested party which are convened for the purpose of making a decision or deliberating toward a decision as to the form and substance of the rule governing water quality standards shall be held in accordance with the provisions of article nine-a, chapter six of this code. The secretary shall consider recommendations made by the environmental quality board. When the secretary is considering the form and substance of the rule governing water quality standards, the following are not meetings pursuant to article nine-a, chapter six of this code: (i) Consultations between the department's employees or its consultants, contractors or agents; (ii) consultations with other state or federal agencies and the department's employees or its consultants, contractors or agents or (iii) consultations between the secretary, the department's employees or its consultants, contractors or agents and any interested party regarding a site specific change or variance.

(c) In order to carry out the purposes of this chapter, the secretary shall promulgate legislative rules in accordance with the provisions of article three, chapter twenty-nine-a of this code setting standards of water quality applicable to both the surface waters and groundwaters of this state. Standards of quality with respect to surface waters shall protect the public health and welfare, wildlife, fish and aquatic life and the present and prospective future uses of the water for domestic, agricultural, industrial, recreational, scenic and other legitimate beneficial uses thereof. No rule of the secretary may specify the design of equipment, type of construction or particular method which a person shall use to reduce the discharge of a pollutant.


(d) The secretary of the department of environmental protection shall establish the antidegradation implementation procedures as required by 40 C. F. R. 131.12(a) which apply to regulated activities that have the potential to affect water quality. The secretary shall propose for legislative approval pursuant to article three, chapter twenty-nine-a of the code, legislative rules to establish implementation procedures which include specifics of the review depending upon the existing uses of the water body segment that would be affected, the level of protection 'tier' assigned to the applicable water body segment, the nature of the activity and the extent to which existing water quality would be degraded.

(e) On and after the first day of July, two thousand five, all remining variances shall be applied for and considered by the secretary.
ARTICLE 12. GROUNDWATER PROTECTION ACT.

§22-12-4. Authority of director to promulgate standards of purity and quality.

(a) The environmental quality board director has the sole and exclusive authority to promulgate standards of purity and quality for groundwater of the state. and shall promulgate such standards following a public hearing within one year from the effective date of this article, by legislative rules in accordance with the provisions of chapter twenty-nine-a of this code.
(b) Such These standards shall establish the maximum contaminant levels permitted for groundwater, but in no event shall such standards allow contaminant levels in groundwater to exceed the maximum contaminant levels adopted by the United States Environmental Protection Agency pursuant to the federal Safe Drinking Water Act. The board director may set standards more restrictive than the maximum contaminant levels where it finds that such standards are necessary to protect drinking water use where scientifically supportable evidence reflects factors unique to West Virginia or some area thereof, or to protect other beneficial uses of the groundwater. For contaminants not regulated by the federal Safe Drinking Water Act, standards for such contaminants shall be established by the board director to be no less stringent than may be reasonable and prudent to protect drinking water or any other beneficial use. Where the concentration of a certain constituent exceeds such standards due to natural conditions, the natural concentration is the standard for that constituent. Where the concentration of a certain constituent exceeds such standard due to human-induced contamination, no further contamination by that constituent is allowed, and every reasonable effort shall be made to identify, remove or mitigate the source of such contamination, and to strive where practical to reduce the level of contamination over time to support drinking water use.
(c) The standards of purity and quality for groundwater promulgated by the board director shall recognize the degree to which groundwater is hydrologically connected with surface water and other groundwater and such standards shall provide protection for such surface water and other groundwater.
(d) In the promulgation of such standards the board director shall consult with the division of environmental protection, department of agriculture and the bureau of public health, as appropriate.
(e) Any groundwater standard of the board director that is in effect on the effective date of this article shall remain in effect until modified by the board director. Notwithstanding any other provisions of this code to the contrary, the authority of the board director to adopt standards of purity and quality for groundwater granted by the provisions of this article is exclusive, and to the extent that any other provisions of this code grant such authority to any person, body, agency or entity other than the board director, those other provisions are void.


CHAPTER 22B. ENVIRONMENTAL BOARDS.

ARTICLE 3. ENVIRONMENTAL QUALITY BOARD.
§22B-3-2. Authority of board; additional definitions.

(a) In addition to all other powers and duties of the environmental quality board, as prescribed in this chapter or elsewhere by law, the board has and may exercise the powers and authorities:
(1) To receive any money as a result of the resolution of any case on appeal which shall be deposited in the state treasury to the credit of the water quality management fund created pursuant to section ten, article eleven, chapter twenty-two of this code.
(2) To advise, consult and cooperate with other agencies of the state, political subdivisions of the state, other states, agencies of the federal government, industries and with affected groups and take such other action as may be appropriate in regard to its rule-making authority; and
(3) To encourage and conduct such studies and research relating to pollution control and abatement as a board may deem advisable and necessary in regard to its rule-making authority.

(b) All the terms defined in section two three, article eleven, chapter twenty-two of this code are applicable to this article and have the meanings ascribed to them therein.
§22B-3-4. Remining site specific variance.
(a) In order to carry out the purposes of this chapter and chapter twenty-two of this code, the board shall promulgate legislative rules setting standards of water quality applicable to both the surface waters and groundwaters of this state. Standards of quality with respect to surface waters shall be such as to protect the public health and welfare, wildlife, fish and aquatic life, and the present and prospective future uses of such water for domestic, agricultural, industrial, recreational, scenic and other legitimate beneficial uses thereof: Provided, That the director of the bureau of environment shall establish the antidegradation implementation procedures which apply to regulated activities that have the potential to affect water quality, pursuant to section seven-b, article eleven of chapter twenty-two of this code.
(b) Except for the alternate procedures provided for in subsection (c) of this section, the board shall promulgate legislative rules setting water quality standards in accordance with the provisions of article three, chapter twenty-nine-a of this code and the declaration of policy set forth in section two, article eleven, chapter twenty-two of this code.
(c) The Until the thirtieth day of June, two thousand five, the board may grant site specific variance only for remined areas of coal remining operation from the standards of water quality set forth in legislative rule 46 CSR 1, et seq., setting standards for iron manganese and pH prior to the issuance of a national pollutant discharge elimination system (NPDES) permit by the division of environmental protection in accordance with 33 U. S. C. Section 1311(p) of the federal Water Pollution Control Act. On and after the first day of July, two thousand five, all remining variances shall be applied and considered by the department of environmental protection. The standards established in the variance will exist for the term of the NPDES permit. The board will promulgate procedural rules on granting site-specific coal remining variances in accordance with the provisions of article three, chapter twenty-nine-a of this code on or before the first day of July, one thousand nine hundred ninety-five. At a minimum, the procedures for granting or denying a remining variance will include the following: A description of the data and information to be submitted to the board by the applicant for such variance; the criteria to be employed by the board in its decision; and provisions for a public comment period and public hearing prior to the board's decision. The board may not grant a variance without requiring the applicant to improve the instream water quality as much as is reasonably possible by applying best available technology economically achievable using best professional judgment which requirement will be included as a permit condition. The board may not grant a variance without a demonstration by the applicant that the coal remining operation will result in the potential for improved instream water quality as a result of the remining operation. The board may not grant a variance where the board determines that degradation of the instream water quality will result from the remining operation. The alternate procedures provided for in this section are not subject to the legislative rule-making requirements of article three, chapter twenty-nine-a of this code.
(d) No rule of the board may specify the design of equipment, type of construction or particular method which a person shall use to reduce the discharge of a pollutant."
The bill was then ordered to third reading.
Com. Sub. for H. B. 4000, Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article six of the Constitution; on second reading, coming up in regular order, was read a second time.
Delegate Trump moved to amend the bill on page nine, section one, fund 0165, activities 003, 005, 010, 021, 064, 101, 102, 103, 399, 913 and the total appropriation line, by striking out each appropriated amount and inserting in lieu thereof "0".
On page twelve, section one, fund 0170, activity 399, by striking out the appropriated amount of "1,190,000" and inserting in lieu thereof "0".
On page twelve, section one, fund 0170, on the total appropriation line, by striking out "8,301,677" and inserting in lieu thereof "7,111,677".
And,
On pages thirteen and fourteen, section one, fund 0175, activities 104, 105, 106, 107, 108, 913 and the total appropriation line, by striking out each appropriated amount and inserting in lieu thereof "0".
On the adoption of the amendment, Delegate Trump demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 580), and there were--yeas 30, nays 67, absent and not voting 3, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Armstead, Azinger, Blair, Border, Calvert, Canterbury, Carmichael, Caruth, Duke, Ellem, Evans, Faircloth, Frich, Hall, Hamilton, Howard, Leggett, Louisos, Overington, Romine, Schadler, Schoen, Smirl, Sobonya, Sumner, Trump, Wakim, Walters and Webb.
Absent And Not Voting: Coleman, Ferrell and Yeager.
So, a majority of the members present and voting not having voted in the affirmative, the amendment was not adopted.
Delegate Trump moved to amend the bill on page seventeen, section one, fund 0104, activity 274, by striking out the appropriated amount of "1,205,935" and inserting in lieu thereof "0".
On page seventeen, section one, fund 0104 activity 316, by striking out the appropriated amount of "0" and inserting in lieu thereof "1,205,935".
And,
On page eighteen, section one, fund 0105, activities 586, 614 and the total appropriation line, by striking out each appropriated amount and inserting in lieu thereof "0".
On the adoption of the amendment, Delegate Trump demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 581), and there were--yeas 23, nays 75, absent and not voting 2, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Armstead, Ashley, Azinger, Blair, Border, Calvert, Carmichael, Duke, Ellem, Evans, Faircloth, Howard, Leggett, Overington, Schadler, Smirl, Sobonya, Trump, Wakim, Walters, Webb and G. White.
Absent And Not Voting: Coleman and Ferrell.
So, a majority of the members present and voting not having voted in the affirmative, the amendment was not adopted.
Delegate Trump moved to amend the bill on page nineteen, section one, fund 0116, activity 001, by striking out the appropriated amount of "2,087,640" and inserting in lieu thereof "1,887,640".
On page nineteen, section one, fund 0126, on the total appropriation line, by striking out "3,579,791" and inserting in lieu thereof "3,379,791".
On page nineteen, section one, fund 0126, activity 001, by striking out the appropriated amount of "1,667,893" and inserting in lieu thereof "1,467,893".
And,
On page nineteen, section one, fund 0126, on the total appropriation line, by striking out "3,705,233" and inserting in lieu thereof "3,505,233".
On the adoption of the amendment, Delegate Trump demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 582), and there were--yeas 31, nays 66, absent and not voting 3, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Armstead, Ashley, Azinger, Blair, Border, Calvert, Canterbury, Carmichael, Caruth, Duke, Ellem, Evans, Faircloth, Frich, Hall, Hamilton, Howard, Leggett, Louisos, Overington, Romine, Schadler, Schoen, Smirl, Sobonya, Sumner, Trump, Wakim, Walters and G. White.
Absent And Not Voting: Coleman, Ferrell and Tucker.
So, a majority of the members present and voting not having voted in the affirmative, the amendment was not adopted.
Delegate Trump moved to amend the bill on page thirty, section one, fund 0557, activity 683, by striking out the appropriated amount of "0" and inserting in lieu thereof "150,000".
On page thirty, section one, fund 0557, activity 749, by striking out the appropriated amount of "0" and inserting in lieu thereof "110,000".
And,
On page thirty, section one, fund 0557, on the total appropriation line, by striking out the total appropriation amount of "0" and inserting in lieu thereof "260,000"
Unanimous consent having been given, Delegate Trump subsequently withdrew his amendment to the bill.
Delegate Trump moved to amend the bill on page thirty-three, section one, fund 0313, activity 972, by striking out the appropriated amount of "4,000,000" and inserting in lieu thereof "2,000,000".
And,
On page thirty-three, section one, fund 0313, on the total appropriation line, by striking out the total appropriation amount of "20,376,176" and inserting in lieu thereof "18,376,176".
At the request of Delegate Trump, and by unanimous consent, the amendment was then withdrawn.
Delegate Trump moved to amend the bill on page sixty-one, section one, fund 0581, activities 099, 913 and the total appropriation line, by striking out the appropriated amounts and inserting in lieu thereof "0".
On the adoption of the amendment, Delegate Trump demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 583), and there were--yeas 20, nays 77, absent and not voting 3, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Armstead, Ashley, Blair, Border, Calvert, Canterbury, Carmichael, Duke, Ellem, Evans, Hamilton, Leggett, Louisos, Overington, Schadler, Sumner, Trump, Walters and Webb.
Absent And Not Voting: Coleman, Ferrell and R. Thompson.
So, a majority of the members present and voting not having voted in the affirmative, the amendment was not adopted.
Delegate Faircloth moved to amend the bill on page thirteen, section one, fund 0175, line 2, activity 104, by striking out the appropriated amount "$6,317,298" and inserting in lieu thereof the following: "$4,367,298".
On page fourteen, section one, fund 0175, line 2, the total appropriation line, by striking out the appropriated amount "$8,710,189" and inserting in lieu thereof the following: "$6,760,189".
On page fifty-four, section one, fund 0453, line 1, activity 001, by striking out the appropriated amount "$27,590,156" and inserting in lieu thereof the following: "$29,540,156".
And,
On page fifty-four, section one, fund 0453, line eighteen, the total appropriation line, by striking out the appropriated amount "$82,173,852" and inserting in lieu thereof the following: "$84,123,852".
On the adoption of the amendment, Delegate Faircloth demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 584), and there were--yeas 22, nays 75, absent and not voting 3, with the yeas and absent and not voting being as follows:
Yeas: Armstead, Ashley, Blair, Border, Calvert, Carmichael, Duke, Faircloth, Frich, Hall, Hamilton, Howard, Louisos, Schadler, Schoen, Smirl, Sumner, Trump, Wakim, Walters, Webb and G. White.
Absent And Not Voting: Caputo, Coleman and Ferrell.
So, a majority of the members present and voting not having voted in the affirmative, the amendment was not adopted.
On motion of Delegate Staton, the House of Delegates then proceeded to further consideration of Com. Sub. for S. B. 133, Budget bill; having been read a first time in earlier proceedings.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 585), and there were--yeas 96, nays 2, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Frich and Walters.
Absent And Not Voting: Coleman and Ferrell.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a second time.
On motion of Delegate Staton, the bill was amended on page one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the provisions of Com. Sub. for H. B 4000.
The bill was then read a third time and put upon its passage.
Delegate Browning requested to be excused from voting on the passage of Com. Sub. for S. B. 133 under the provisions of House Rule 49.
The Speaker refused to excuse the Gentleman from voting, stating that he was a member of a class of persons possibly to be affected by the passage of the bill and that he demonstrated no direct personal or pecuniary interest therein.
On the passage of the bill, the yeas and nays were taken (Roll No. 586), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Armstead.
Absent And Not Voting: Coleman and Ferrell.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 133) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 587), 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, Ferrell and Perdue.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 133) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4764, Supplemental appropriation to the public service commission-gas pipeline division; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4765, Supplemental appropriation to the public service commission; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4766, Relating to reporting requirements for medicaid fraud for senior centers; on second reading, coming up in regular order, was read a second time.
On motion of Delegate Beane, the bill was amended on page eleven, section three, line nineteen, subsection (d), by striking out said subsection (d) in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) 'Commissioner' means the commissioner of the bureau of senior services" followed by a semi colon.
On page twelve, section three, line eleven, subsection (f), by striking out said subsection (f) in its entirety and relettering the remaining subsections accordingly.
On page thirteen, section four, line one, in the section heading, by striking out the word "secretary" and inserting in lieu thereof the word "commissioner".
On page thirteen, section four, line three, by striking out the word "secretary" and inserting in lieu thereof the word "commissioner".
And,
On page fourteen, section four, line seventeen, by striking out the word "secretary's" and inserting in lieu thereof the word "commissioner's".
The bill was then ordered to engrossment and third reading.
Delegate Frich requested that the Journal record her as voting "Nay" on the amendment offered by Delegate Beane to H. B. 4766.
At the request of Delegate Staton, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.
Com. Sub. for S. B. 197, Relating generally to distribution of netterminal income of racetrack video lottery terminals; on second reading, having been postponed until this time, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk on page two, after the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
"That the code of West Virginia, 1931, as amended, be amended by adding thereto three new sections, designated §5A-4-5a, §5A-4-6 and §5A-4-7; and that §5B-2-12 of said code be amended and reenacted, all to read as follows:


CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.

ARTICLE 4. GENERAL SERVICES DIVISION.
§5A-4-5a. Construction of parking garage for general public; creation of fund.

(a) It is the intent of the Legislature to provide a parking facility for the general public and to direct the secretary of the department of administration to plan and construct a parking garage at the state capitol complex that will provide sufficient and additional parking for the general public.
(b) There is created the state treasury to be administered by the department of administration a special fund to be named the '2004 capitol complex parking garage fund' in which shall be deposited funds that are appropriated and funds from other sources to be used for the construction and maintenance of a parking garage on or adjacent to the state capitol complex.
§5A-4-6. Distribution of funds.
Notwithstanding any other provision of this code to the contrary, in each fiscal year beginning after the thirtieth day of June, two thousand four, the provisions directing the distribution of money in subdivision (9), subsection (c), section ten, article twenty-two-a, chapter twenty-nine of this code and subdivision (9), subsection (a), section ten-b of said article twenty-two-a are superseded by the provisions of this section, except to the extent provided by subdivision (1) of this section, and all of the money described in those subdivisions shall be distributed as follows:
(1) Five hundred thousand dollars of the one percent of net terminal income distributed by the provisions of subdivision (9), subsection (c), section ten, article twenty-two-a, chapter twenty- nine of this code shall continue to be deposited pursuant to the provisions of said subdivision (9) in the state treasury in the special fund of the department of administration, created under section five, article four, chapter five-a of this code to be used for construction and maintenance of a parking garage on the state capitol complex.
(2) Of the total of the one percent of net terminal income otherwise directed to be distributed by the provisions of subdivision (9), subsection (c), section ten, article twenty-two-a, chapter twenty- nine of this code and the one percent of net terminal income otherwise directed to be distributed by the provisions of subdivision (9), subsection (a), section ten-b of said article twenty-two-a, the money shall be deposited in equal amounts in the capitol dome and improvements fund created under section two, article four, chapter five-a of this code and cultural facilities and capitol resources matching grant program fund created under section three, article one of this chapter until a total of one million five hundred thousand dollars is deposited into the cultural facilities and capitol resources matching grant program fund; thereafter, the money shall be deposited until a total of four million dollars is deposited into the capitol dome and improvements fund.
(3) After the requirements of subdivisions (1) and (2) of this section have be fulfilled, any remaining amounts of the one percent of net terminal income otherwise directed to be distributed by the provisions of subdivision (9), subsection (c), section ten, article twenty-two-a, chapter twenty- nine of this code and the one percent of net terminal income otherwise directed to be distributed by the provisions of subdivision (9), subsection (a), section ten-b of said article twenty-two-a shall be deposited into the revenue shortfall reserve fund created pursuant to the provisions of section twenty, article two, chapter five-a of this code.
§5A-4-7. Renovation and improvement of capitol building and capitol complex.
(a) It is the intent of the Legislature to provide renovation and improvement of the existing state capitol building and the capitol complex and to direct the secretary of the department of administration to plan and make renovations and improvements of the existing state capitol building and the capitol complex for the purpose of reversing deterioration to existing facilities, securing the safety of the general public and state employees, promoting efficiency of governmental operations and to enhance tourism in the state.
(b) There is created the state treasury to be administered by the department of administration a special fund to be named the 'capitol renovation and improvement fund' in which shall be deposited funds that are appropriated and funds from other sources to be used for renovations and improvements of the existing state capitol building and the capitol complex.


CHAPTER 5B. ECONOMIC DEVELOPMENT ACT OF 1985.

ARTICLE 2. WEST VIRGINIA DEVELOPMENT OFFICE.
§5B-2-12. Tourism promotion fund continued; use of funds.
There is hereby continued in the state treasury the special revenue fund known as the 'tourism promotion fund' created under prior enactment of section nine, article one of this chapter.
(a) A minimum of five percent of the moneys deposited in the fund each year shall be used solely for direct advertising for West Virginia travel and tourism: Provided, That no less than twenty percent of these funds be expended with the approval of the director of the division of natural resources to effectively promote and market the state's parks, state forests, state recreation areas and wildlife recreational resources. Direct advertising means advertising which is limited to television, radio, mailings, newspaper, magazines and outdoor billboards, or any combination thereof;.
(b) The balance of the moneys deposited in the fund shall be used for direct advertising within the state's travel regions as defined by the commission. The funds shall be made available to these districts beginning the first day of July, one thousand nine hundred ninety-five, according to legislative rules promulgated authorized for promulgation by the tourism commission. : Provided, That emergency rules for the distribution of funds for the fiscal year ending the thirtieth day of June, one thousand nine hundred ninety-six, are specifically authorized; and
(c) All advertising expenditures over twenty-five thousand dollars from the tourism promotion fund require prior approval by recorded vote of the commission. No member of the commission or of any committee created by the commission to evaluate applications for advertising or other grants may participate in the discussion of, or action upon, an application for or an award of any grant in which the member has a direct financial interest.
(d) Notwithstanding any other provision of this code to the contrary, in each fiscal year beginning after the thirtieth day of June, two thousand four, the total amount of money that may be received by the tourism promotion fund pursuant to the provisions of sections ten and ten-b, article twenty-two-a, chapter twenty-nine of this code is ten million dollars and any money exceeding ten million dollars that would otherwise be received by the tourism promotion fund pursuant to sections ten and ten-b, article twenty-two-a, chapter twenty-nine of this code shall instead be distributed as follows:
(1) Not more than five hundred thousand dollars shall be deposited in the state treasury in a special fund of the department of administration, created under section five-a, article four, chapter five-a of this code to be used for construction and maintenance of a parking garage on or adjacent to the state capitol complex;
(2) Not more than five million dollars shall be deposited in the state treasury in a special fund of the department of administration, created under section seven, article four, chapter five-a of this code to be used for renovation and improvement of the existing state capitol building and the capitol complex; and
(3) The remainder of the money shall be deposited into the revenue shortfall reserve fund created pursuant to the provisions of section twenty, article two, chapter five-a of this code.
"
Delegate Webb moved to amend the Committee amendment on page six, section one hundred twenty-one, after line twelve, by inserting the following:
"(e) Notwithstanding any provision in this section to the contrary, moneys deposited in the fund may not be used for direct or indirect advertising to promote or market:
(1) any person or entity licenced by the West Virginia racing commission to conduct thoroughbred or greyhound racing meetings pursuant to article twenty-three, chapter nineteen of this code and who are also authorized and permitted to operate video lottery terminals by the state lottery commission; and
(2) video lottery, as defined, regulated and authorized pursuant to article twenty-two-a, chapter twenty nine of this code."
On the adoption of the amendment to the amendment, Delegate Webb demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 588), and there were--yeas 29, nays 69, absent and not voting 2, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Armstead, Ashley, Azinger, Blair, Border, Calvert, Canterbury, Carmichael, Caruth, Duke, Ellem, Evans, Frich, Hall, Hamilton, Howard, Leggett, Louisos, Overington, Romine, Schadler, Schoen, Smirl, Sobonya, Sumner, Trump, Walters and Webb.
Absent And Not Voting: Coleman and Ferrell.
So, a majority of the members present and voting not having voted in the affirmative, the amendment to the amendment was not adopted.
Delegates Hamilton and Ellem moved to amend the Committee amendment on page six, after section twelve, after line twelve, by inserting the following:
"CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.

ARTICLE 22A. RACETRACK VIDEO LOTTERY.
§29-22A-10. Accounting and reporting; commission to provide communications protocol data; distribution of net terminal income; remittance through electronic transfer of funds; establishment of accounts and nonpayment penalties; commission control of accounting for net terminal income; settlement of accounts; manual reporting and payment may be required; request for reports; examination of accounts and records.

(a) The commission shall provide to manufacturers, or applicants applying for a manufacturer's permit, the protocol documentation data necessary to enable the respective manufacturer's video lottery terminals to communicate with the commission's central computer for transmitting auditing program information and for activation and disabling of video lottery terminals.
(b) The gross terminal income of a licensed racetrack shall be remitted to the commission through the electronic transfer of funds. Licensed racetracks shall furnish to the commission all information and bank authorizations required to facilitate the timely transfer of moneys to the commission. Licensed racetracks must provide the commission thirty days' advance notice of any proposed account changes in order to assure the uninterrupted electronic transfer of funds. From the gross terminal income remitted by the licensee to the commission, the commission shall deduct an amount sufficient to reimburse the commission for its actual costs and expenses incurred in administering racetrack video lottery at the licensed racetrack, and the resulting amount after the deduction is the net terminal income. The amount deducted for administrative costs and expenses of the commission may not exceed four percent of gross terminal income: Provided, That any amounts deducted by the commission for its actual costs and expenses that exceeds its actual costs and expenses shall be deposited into the state lottery fund. For all fiscal years beginning on or after the first day of July, two thousand one, the commission shall not receive an amount of gross terminal income in excess of the amount of gross terminal income received during the fiscal year ending on the thirtieth day of June, two thousand one, but four percent of any amount of gross terminal income received in excess of the amount of gross terminal income received during the fiscal year ending on the thirtieth day of June, two thousand one, shall be deposited into the fund established in section eighteen-a, article twenty-two of this chapter.
(c) Net terminal income shall be divided as set out in this subsection. For all fiscal years beginning on or after the first day of July, two thousand one, any amount of net terminal income received in excess of the amount of net terminal income received during the fiscal year ending on the thirtieth day of June, two thousand one, shall be divided as set out in section ten-b of this article. The licensed racetrack's share is in lieu of all lottery agent commissions and is considered to cover all costs and expenses required to be expended by the licensed racetrack in connection with video lottery operations. The division shall be made as follows:
(1) The commission shall receive thirty percent of net terminal income, which shall be paid into the state lottery fund as provided in section ten-a of this article.
(2) Fourteen percent of net terminal income at a licensed racetrack shall be deposited in the special fund established by the licensee, and used for payment of regular purses in addition to other amounts provided for in article twenty-three, chapter nineteen of this code;
(3) The county where the video lottery terminals are located shall receive two percent of the net terminal income: Provided, That:
(A) Beginning the first day of July, one thousand nine hundred ninety-nine, and thereafter, any amount in excess of the two percent received during fiscal year one thousand nine hundred ninety-nine by a county in which a racetrack is located that has participated in the West Virginia thoroughbred development fund since on or before the first day of January, one thousand nine hundred ninety-nine, shall be divided as follows:
(i) The county shall receive fifty percent of the excess amount; and
(ii) The municipalities of the county shall receive fifty percent of the excess amount, the fifty percent to be divided among the municipalities on a per capita basis as determined by the most recent decennial United States census of population; and
(B) Beginning the first day of July, one thousand nine hundred ninety-nine, and thereafter, any amount in excess of the two percent received during fiscal year one thousand nine hundred ninety-nine by a county in which a racetrack other than a racetrack described in paragraph (A) of this proviso is located and where the racetrack has been located in a municipality within the county since on or before the first day of January, one thousand nine hundred ninety-nine, shall be divided, if applicable, as follows:
(i) The county shall receive fifty percent of the excess amount; and
(ii) The municipality shall receive fifty percent of the excess amount; and
(C) This proviso shall not affect the amount to be received under this subdivision by any county other than a county described in paragraph (A) or (B) of this proviso;
(4) One half of one percent of net terminal income shall be paid for and on behalf of all employees of the licensed racing association by making a deposit into a special fund to be established by the racing commission to be used for payment into the pension plan for all employees of the licensed racing association;
(5) The West Virginia thoroughbred development fund created under section thirteen-b, article twenty-three, chapter nineteen of this code and the West Virginia greyhound breeding development fund created under section ten, article twenty-three, chapter nineteen of this code shall receive an equal share of a total of not less than one and one-half percent of the net terminal income: Provided, That for any racetrack which does not have a breeder's program supported by the thoroughbred development fund or the greyhound breeding development fund, the one and one-half percent provided for in this subdivision shall be deposited in the special fund established by the licensee and used for payment of regular purses, in addition to other amounts provided for in subdivision (2) of this subsection and article twenty-three, chapter nineteen of this code;
(6) The West Virginia racing commission shall receive one percent of the net terminal income which shall be deposited and used as provided in section thirteen-c, article twenty-three, chapter nineteen of this code;
(7) A licensee shall receive forty-seven forty six and one half percent of net terminal income;
(8) The tourism promotion fund established in section twelve, article two, chapter five-b of this code shall receive three percent of the net terminal income; and
(9) The veterans memorial program shall receive one percent of the net terminal income until sufficient moneys have been received to complete the veterans memorial on the grounds of the state capitol complex in Charleston, West Virginia. The moneys shall be deposited in the state treasury in the division of culture and history special fund created under section three, article one-i, chapter twenty-nine of this code: Provided, That only after sufficient moneys have been deposited in the fund to complete the veterans memorial and to pay in full the annual bonded indebtedness on the veterans memorial, not more than twenty thousand dollars of the one percent of net terminal income provided for in this subdivision shall be deposited into a special revenue fund in the state treasury, to be known as the 'John F. 'Jack' Bennett Fund.' The moneys in this fund shall be expended by the division of veterans affairs to provide for the placement of markers for the graves of veterans in perpetual cemeteries in this state. The division of veterans affairs shall promulgate legislative rules pursuant to the provisions of article three, chapter twenty-nine-a of this code specifying the manner in which the funds are spent, determine the ability of the surviving spouse to pay for the placement of the marker, and setting forth the standards to be used to determine the priority in which the veterans grave markers will be placed in the event that there are not sufficient funds to complete the placement of veterans grave markers in any one year, or at all. Upon payment in full of the bonded indebtedness on the veterans memorial, one hundred thousand dollars of the one percent of net terminal income provided for in this subdivision shall be deposited in the special fund in the division of culture and history created under section three, article one-i, chapter twenty-nine of this code and be expended by the division of culture and history to establish a West Virginia veterans memorial archives within the cultural center to serve as a repository for the documents and records pertaining to the veterans memorial, to restore and maintain the monuments and memorial on the capitol grounds: Provided, however, That five hundred thousand dollars of the one percent of net terminal income shall be deposited in the state treasury in a special fund of the department of administration, created under section five, article four, chapter five-a of this code to be used for construction and maintenance of a parking garage on the state capitol complex: Provided further, That the remainder of the one percent of net terminal income shall be deposited in equal amounts in the capitol dome and improvements fund created under section two, article four, chapter five-a of this code and cultural facilities and capitol resources matching grant program fund created under section three, article one of this chapter.
(d) Each licensed racetrack shall maintain in its account an amount equal to or greater than the gross terminal income from its operation of video lottery machines, to be electronically transferred by the commission on dates established by the commission. Upon a licensed racetrack's failure to maintain this balance, the commission may disable all of a licensed racetrack's video lottery terminals until full payment of all amounts due is made. Interest shall accrue on any unpaid balance at a rate consistent with the amount charged for state income tax delinquency under chapter eleven of this code. The interest shall begin to accrue on the date payment is due to the commission.
(e) The commission's central control computer shall keep accurate records of all income generated by each video lottery terminal. The commission shall prepare and mail to the licensed racetrack a statement reflecting the gross terminal income generated by the licensee's video lottery terminals. Each licensed racetrack shall report to the commission any discrepancies between the commission's statement and each terminal's mechanical and electronic meter readings. The licensed racetrack is solely responsible for resolving income discrepancies between actual money collected and the amount shown on the accounting meters or on the commission's billing statement.
(f) Until an accounting discrepancy is resolved in favor of the licensed racetrack, the commission may make no credit adjustments. For any video lottery terminal reflecting a discrepancy, the licensed racetrack shall submit to the commission the maintenance log which includes current mechanical meter readings and the audit ticket which contains electronic meter readings generated by the terminal's software. If the meter readings and the commission's records cannot be reconciled, final disposition of the matter shall be determined by the commission. Any accounting discrepancies which cannot be otherwise resolved shall be resolved in favor of the commission.
(g) Licensed racetracks shall remit payment by mail if the electronic transfer of funds is not operational or the commission notifies licensed racetracks that remittance by this method is required. The licensed racetracks shall report an amount equal to the total amount of cash inserted into each video lottery terminal operated by a licensee, minus the total value of game credits which are cleared from the video lottery terminal in exchange for winning redemption tickets, and remit the amount as generated from its terminals during the reporting period. The remittance shall be sealed in a properly addressed and stamped envelope and deposited in the United States mail no later than noon on the day when the payment would otherwise be completed through electronic funds transfer.
(h) Licensed racetracks may, upon request, receive additional reports of play transactions for their respective video lottery terminals and other marketing information not considered confidential by the commission. The commission may charge a reasonable fee for the cost of producing and mailing any report other than the billing statements.
(i) The commission has the right to examine all accounts, bank accounts, financial statements and records in a licensed racetrack's possession, under its control or in which it has an interest and the licensed racetrack shall authorize all third parties in possession or in control of the accounts or records to allow examination of any of those accounts or records by the commission.
And
On page one, line six, in the enacting section, after the following "§5B-2-12", by inserting the following: "and §29-22A-10".
Delegate Staton arose to a point of order as to the germaneness of the amendment to the Committee amendment.
At the request of Delegate Staton, and by unanimous consent, the bill was then laid at the foot of second reading.
Com. Sub. for S. B. 327, Authorizing department of administration to promulgate legislative rules; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page one, after the enacting clause, by striking out the remainder of the bill, and inserting in lieu thereof the following language:
"That §64-1-1 of the code of West Virginia, 1931, as amended, be amended and reenacted; and that article 2, chapter 64 of said code be amended and reenacted, all to read as follows:
ARTICLE 1. GENERAL LEGISLATIVE AUTHORIZATION.
§64-1-1. Legislative authorization.

Under the provisions of article three, chapter twenty-nine-a of the code of West Virginia, the Legislature expressly authorizes the promulgation of the rules described in articles two through eleven, inclusive, of this chapter, subject only to the limitations set forth with respect to each such rule in the section or sections of this chapter authorizing its promulgation. Legislative rules promulgated pursuant to the provisions of articles one through eleven, inclusive, of this chapter in effect at the effective date of this section shall continue in full force and effect until reauthorized in this chapter by legislative enactment or until amended by emergency rule pursuant to the provisions of article three, chapter twenty-nine-a of this code.
ARTICLE 2. AUTHORIZATION FOR DEPARTMENT OF ADMINISTRATION TO PROMULGATE LEGISLATIVE RULES.

§64-2-1. Department of administration.
(a) The legislative rule filed in the state register on the first day of August, two thousand three, authorized under the authority of section forty-two, article three, chapter five-a of this code, modified by the department of administration to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-third day of January, two thousand four, relating to the department of administration (leasing space on behalf of state spending units, 148 CSR 2), is authorized with the following amendments:
On page one, subdivision 1.1, on the ninth line, by striking out the words 'those spending units who are exempt or who have independent leasing authority.' and inserting in lieu thereof the words 'the division of highways, the higher education policy commission, the lottery commission, or a spending unit of the state with independent leasing authority pursuant to the code of West Virginia. This exemption does not apply to the office space of spending units of the executive branch.'
On page one, subsection 2.1, by designating the first paragraph as subdivision 2.1.a and by designating the second paragraph as subdivision 2.1.b;
On page one, subsection 2.2, line three, after the words 'describing the space' by striking out the remainder of the subsection and by inserting in lieu thereof the words 'and a letter justifying the agency's need for leasing the new space.';
On page two, subdivision 4.2.b, line three, after the word 'considered', by inserting the words 'by the leasing officer';
On page two, subdivision 4.2.c, line two, by inserting the words 'Class II';
On page two, section four, following subsection 4.3, by inserting the following and renumbering the remaining subsections:
'4.4. Notification.
The Leasing Office shall provide written notification of its site selection recommendation to the spending unit within thirty (30) days of the evaluation of the spending unit's request for space which includes the review of bids, evaluation of bids by the Leasing Office and any negotiations conducted by the Leasing Office pursuant to Subsection 4.3 of this rule prior to final location selection.'
On page two, section four, subsection 4.4, by striking the second paragraph;
On page two, subsection 4.5, after the period, by inserting the words 'The leasing office shall provide written notification to the spending unit regarding the agency's authorization to occupy the space within thirty (30) days of an evaluation period.';
On page three, section six, subsection 6.3, line 1, following the word 'Administration' by inserting 'or the Director of the Purchasing Division of the Department of Administration';
On page three, section six, subsection 6.3, line seven, following the word 'Administration' by inserting 'or the Director of the Purchasing Division';
On page three, section six, subsection 6.3, line nine, following the word 'Secretary' and the comma, by inserting the words 'the Director';
On page three, section six, subsection 6.3, line 14, following the word 'Secretary', by inserting the words 'or Director';
On page three, section six, subsection 6.4, line two, following the word 'Administration' by inserting 'or the Director of the Purchasing Division';
On page four, section seven, subsection 7.1, line seven, following the word 'Administration' by inserting 'or the Director of the Purchasing Division'; and
On page four, section ten, subsection 10.1, line five, following the word 'Administration' by inserting 'or the Director of the Purchasing Division'.
On page four, subsection 11.1, line two, after the words 'other emergency situation', by inserting the words 'as determined by the Secretary,';
On page four, subsection 11.1, line three, after the period, by inserting the words 'In the event of a natural disaster or emergency situation, the Secretary of Administration shall continue to have the authority to select and to acquire by contract or lease, in the name of the State, all grounds, buildings, office space or other space for and on behalf of any spending unit.';
On page four, subsection 11.2, by striking out the entire subsection and by renumbering the subsequent subsections;
On page four, subsection 11.3, line one, by striking out the words 'At no time does the' and inserting in lieu thereof the word 'The', and after the words 'spending unit', by inserting the words 'does not';
On page four, subsection 11.4, line one, by striking out the words 'To the degree' and by inserting in lieu thereof the word 'When';
On page four, subsection 11.4, line three, after the word 'unit', by striking out the words 'shall get' and by inserting in lieu thereof the words 'will obtain';
On page five, subsection 11.5, line one, by striking out the words 'To the degree' and by inserting in lieu thereof the word 'When';
AND,
On page five, subsection 11.5, line two, after the words 'will put a', by inserting the words 'Class II'.
(b) The legislative rule filed in the state register on the first day of August, two thousand three, authorized under the authority of section five, article four, chapter five-a of this code, modified by the department of administration to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-third day of January, two thousand four, relating to the department of administration (parking, 148 CSR 6), is authorized with the following amendment:
On page two, subsection 5, on the eleventh line, by adding after '2007.' the following sentence: 'The maximum fee that can be charged thereafter for parking is twenty dollars ($20.00) per month.'
§64-2-2. Consolidated public retirement board.
(a) The legislative rule filed in the state register on the twenty-eighth day of July, two thousand three, authorized under the authority of section one, article ten-d, chapter five of this code, modified by the consolidated public retirement board to meet the objections of the legislative rule- making review committee and refiled in the state register on the thirtieth day of October, two thousand three, relating to the consolidated public retirement board (general provisions, 162 CSR 1), is authorized.
(b) The legislative rule filed in the state register on the twenty-eighth day of July, two thousand three, authorized under the authority of section one, article ten-d, chapter five of this code, modified by the consolidated public retirement board to meet the objections of the legislative rule- making review committee and refiled in the state register on the thirtieth day of October, two thousand three, relating to the consolidated public retirement board (benefit determination and appeal, 162 CSR 2), is authorized.
(c) The legislative rule filed in the state register on the twenty-eighth day of July, two thousand three, authorized under the authority of section one, article ten-d, chapter five of this code, modified by the consolidated public retirement board to meet the objections of the legislative rule-making review committee and refiled in the state register on the thirtieth day of October, two thousand three, relating to the consolidated public retirement board (teachers defined benefit plan, 162 CSR 4), is authorized.
(d) The legislative rule filed in the state register on the twenty-eighth day of July, two thousand three, authorized under the authority of section one, article ten-d, chapter five of this code, modified by the consolidated public retirement board to meet the objections of the legislative rule- making review committee and refiled in the state register on the thirtieth day of October, two thousand three, relating to the consolidated public retirement board (West Virginia state police disability determination and appeal process, 162 CSR 9), is authorized.
§64-2-3. Board of risk and insurance management.
(a) The legislative rule filed in the state register on the first day of August, two thousand three, authorized under the authority of section one, article twelve, chapter twenty-nine of this code, modified by the board of risk and insurance management to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-third day of January, two thousand four, relating to the board of risk and insurance management (public entities insurance program, 115 CSR 2), is authorized.
(b) The legislative rule filed in the state register on the first day of August, two thousand three, authorized under the authority of section fourteen, article twelve, chapter twenty-nine of this code, modified by the board of risk and insurance management to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-third day of January, two thousand four, relating to the board of risk and insurance management (terms and conditions pertaining to members of self insurance pools who wish to participate in state insurance programs, 115 CSR 7), is not authorized."
The bill was then ordered to third reading.
Com. Sub. for S. B. 350, Authorizing bureau of commerce to promulgate legislative rules; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk on page three, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 10. AUTHORIZATION FOR BUREAU OF COMMERCE TO PROMULGATE

LEGISLATIVE RULES.
§64-10-1. Economic development authority.

(a) The legislative rule filed in the state register on the first day of August, two thousand three, authorized under the authority of section three, article two, chapter five-e of this code, modified by the economic development authority to meet the objections of the legislative rule- making review committee and refiled in the state register on the twenty-second day of December, two thousand three, relating to the economic development authority (general administration of the West Virginia venture capital act, 117 CSR 3), is authorized with the following amendments:

On page one, subsection 1.5, after the words 'Series 3,' by striking out the remainder of the sentence and inserting in lieu thereof the words '§117-3-1, et seq.';

On page two, section two, subsection 2.10, line 3, by striking the word 'Subdivision' and inserting the word 'Subsection';

On page four, section four, subdivision 4.2.a, line 3, following the word 'with' by striking the word 'Subdivision' and inserting the word 'Subsection';
On page six, subdivision 5.2.c.9., line one by striking the words 'A signed commitment' and inserting in lieu thereof the words 'An irrevocable letter of credit';

On page six, paragraph 5.2.c.9, line three, after the words 'certified check for', by striking out the word 'the' and inserting in lieu thereof the word 'any', and, after the word 'call', by striking out the comma and the words 'if required by the Authority';

On page six, subdivision 5.2.c.9, the line three, following the words 'by the authority' inserting a colon and the words 'Provided, That the economic development authority may authorize a reduction in the amount of the irrevocable letter of credit to correspond to a payment made towards the proposed investment;'

On page twelve, subdivision 7.4.1, line six, after the words 'applicable where', by striking out the remainder of the subdivision and inserting in lieu thereof the words 'the Fund Manager's economic relationship is solely the result of the fact that the Fund Manager has made a previous investment in the West Virginia Business pursuant to the Act or this Rule.';

On page twelve, subdivision 7.4.2, line seven, after the words 'applicable where', by striking out the remainder of the subdivision and inserting in lieu thereof the words 'the investor's economic relationship is solely the result of the fact that the Fund Manager has made a previous investment in the West Virginia Business pursuant to the Act or this Rule.';

And,

On page sixteen, section ten, subsection 10.10, line 1, following the words 'described in' by striking the words 'Section 10' and inserting 'this section'.

(b) The legislative rule filed in the state register on the first day of August, two thousand three, authorized under the authority of section five, article one, chapter five-e of this code, modified by the economic development authority to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-second day of December, two thousand three, relating to the economic development authority (economic development and technology advancement centers, 117 CSR 4), is authorized with the following amendments:

'On page five, section four, subdivision 4.1.2, line 1, following the word 'Per' by striking the word 'Investor' and inserting the word 'Center';

On page five, section four, subdivision 4.1.2, line 1, following the word 'single' by striking the words 'Investor in a Center' and inserting the word 'Center';

On page five, section four, subsection 4.3, line 7, following the word 'subdivision' by striking '6.4.f' and inserting '4.4.f'; And,

On page nine, section six, subsection 6.8, following the words 'described in' by striking the word 'Sections' and inserting the word 'Subsections.'
§64-10-2. Infrastructure and jobs development council.

The legislative rule filed in the state register on the twenty-third day of June, two thousand three, authorized under the authority of section four, article fifteen-a, chapter thirty-one of this code, modified by the infrastructure and jobs development council to meet the objections of the legislative rule-making review committee and refiled in the state register on the fourteenth day of August, two thousand three, relating to the infrastructure and jobs development council (infrastructure and jobs development council, 167 CSR 1), is authorized with the following amendments:

'On page nine, section five, subdivision 5.13.6, line 9, following the citation 'WVC 22C-2-1 et. seq.' by inserting words 'and WVC 16-13C-1 et seq.';

On page nine, section five, subdivision 5.13.6, line 11, following the word 'State' by striking the words 'as delineated';

And,

On page nine, section five, subdivision 5.13.6, line 13, following the word 'Code' by striking the word 'in' .
§64-10-3. Division of labor.

The legislative rule filed in the state register on the first day of August, two thousand three, authorized under the authority of section five-c, article five, chapter twenty-one of this code, modified by the division of labor to meet the objections of the legislative rule-making review committee and refiled in the state register on the fifth day of December, two thousand three, relating to the division of labor (psychophysiological detection of deception examinations, limitations of use, requirements, licenses and penalties, 42 CSR 6), is authorized with the following amendments:

On page one, subsection 1.1, line one, after the words 'W. Va. Code', by striking out the words '§21-5-5(c)' and inserting in lieu thereof the words '§21-5-5c';

On page one, subsection 1.1, line three, after the words 'W. Va. Code', by striking out the words '§21-5-5(a)-(d)' and inserting in lieu thereof the words '§§21-5-5a, -5b, -5c, and -5d';

On page one, subsection 2.4, line three, after the words 'W. Va. Code', by striking out the words '§21-5-5c(c)' and inserting in lieu thereof the words '§§21-5-5a, -5b, -5c, and -5d';

On page two, subsection 3.1, line two, after the words 'issue a license', by striking out the word 'to';

On page two, subsection 3.1, line five, after the words 'W. Va. Code', by striking out the words '§21-5-5a, b, c, and d' and inserting in lieu thereof the words '§§21-5-5a, -5b, -5c, and -5d';

On page two, subsection 3.3, line one, after the words 'Subsection 3.2', by inserting the words 'of this section';

On page three, subdivision 3.10(b), line one, after the words 'in the violation of.', by striking out the words 'this article' and inserting in lieu thereof the words 'W. Va. Code §§21-5-5a, -5b, -5c, and -5d';

On page three, subdivision 3.10(c), line one, after the words 'The licensee', by striking out the word 'is' and inserting in lieu thereof the words 'has been';

On page three, subdivision 3.10(d), line one, after the words 'The licensee', by striking out the word 'makes' and inserting in lieu thereof the words 'has been', and after the words 'false promises', by striking out the word 'cause' and inserting in lieu thereof the words 'has caused';

On page four, subdivision 3.10(f), line one, after the words 'The licensee', by striking out the word 'allows' and inserting in lieu thereof the words 'has allowed';

On page four, subdivision 3.10(g), line one, after the words 'The licensee', by striking out the word 'fails' and inserting in lieu thereof the words 'has failed';

On page four, subdivision 4.2, line one, after the words 'The intern', by striking out the words 'shall have' and inserting in lieu thereof the word 'has';

On page four, subparagraph 4.2.1.b.(1), line one, after the words 'W. Va. Code', by striking out the words '§21-5-5a, b, c, and d' and inserting in lieu thereof the words '§§21-5-5a, -5b, -5c, and -5d';
On page six, paragraph 4.2.3.A, line three, after the word 'but', by striking out the word 'compliance' and inserting in lieu thereof the words 'must comply' and, after the words 'with all other', by striking out the rest of the paragraph and inserting in lieu thereof the words 'requirements of this subsection';
On page six, subsection 5.1, line one, after the words 'issue a license', by inserting the words 'without examination' and, after the words 'applicant who is', by striking out the words 'an examiner' and inserting in lieu thereof the word 'a';
On page six, subsection 5.1, line two, after the word 'licensed', by inserting the word 'examiner';
On page six, subsection 5.1, line three, by striking out the words 'without examination';
On page seven, section 6, line two, by striking out the words 'this article, it is the policy of the Commissioner that' and inserting in lieu thereof the words 'W. Va. Code §§21-5-5a, -5b, -5c, and -5d,';
On page eight, subdivision 8.1.(b), line three, after the words 'unfit for the', by striking out the word 'an';

And,
On page nine, subdivision 8.2.(c), line two, after the words 'record of the', by striking out the term 'PDD' and inserting in lieu thereof the words 'psychophysiological detection of deception'.
§64-10-4. Manufactured housing construction and safety standards board.


The legislative rule filed in the state register on the first day of August, two thousand three, authorized under the authority of section four, article nine, chapter twenty-one of this code, modified by the manufactured housing construction and safety standards board to meet the objections of the legislative rule-making review committee and refiled in the state register on the fifth day of December, two thousand three, relating to the manufactured housing construction and safety standards board (West Virginia manufactured housing construction and safety standards board, 42 CSR 19), is not authorized.
§64-10-5. Office of miners health, safety and training.

The legislative rule filed in the state register on the eighth day of November, two thousand two, authorized under the authority of section six, article one, chapter twenty-two-a of this code, modified by the office of miners health, safety and training to meet the objections of the legislative rule-making review committee and refiled in the state register on the fourteenth day of April, two thousand three, relating to the office of miners health, safety and training (reporting requirements for independent contractors, 56 CSR 10), is authorized.
§64-10-6. Division of natural resources.

(a) The legislative rule filed in the state register on the eleventh day of September, two thousand three, authorized under the authority of section seven, article one, chapter twenty of this code, modified by the division of natural resources to meet the objections of the legislative rule- making review committee and refiled in the state register on the twenty-sixth day of January, two thousand four, relating to the division of natural resources (public land corporation rule controlling the sale, lease, exchange or transfer of land and minerals, 58 CSR 2), is authorized.

(b) The legislative rule filed in the state register on the second day of July, two thousand three, authorized under the authority of section seven, article one, chapter twenty of this code, modified by the division of natural resources to meet the objections of the legislative rule-making review committee and refiled in the state register on the fifteenth day of September, two thousand three, relating to the division of natural resources (revocation of hunting and fishing licenses, 58 CSR 23), is authorized with the following amendment:

On page 1, subsection 2.4, on the first line by striking out the words 'Class A-1-L' and inserting in lieu thereof the words 'Lifetime Class A-1'.'

(c) The legislative rule filed in the state register on the tenth day of July, two thousand three, authorized under the authority of section twenty-two, article seven, chapter twenty of this code, relating to the division of natural resources (special motorboating regulations, 58 CSR 27), is authorized.

(d) The legislative rule filed in the state register on the fourteenth day of July, two thousand three, authorized under the authority of section seventeen, article one, chapter twenty of this code, relating to the division of natural resources (special fishing, 58 CSR 61), is authorized. "

On motion of Delegate Mahan, the Committee amendment was amended on page ten, line seven, following the words "is authorized", by striking out the period and inserting the following:

"With the following amendment:

On page one, section 3, by striking out all of subsection 3.1 and renumbering the remaining subsections."

On the question of the adoption of the Committee amendment, as amended, the same was put and prevailed.

The bill was then ordered to third reading.

Com. Sub. for S. B. 399, Authorizing miscellaneous boards and agencies to promulgate legislative rules; on second reading, coming up in regular order, was read a second time.

An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page four, after the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following language:
"ARTICLE 9. AUTHORIZATION FOR MISCELLANEOUS AGENCIES AND BOARDS TO PROMULGATE LEGISLATIVE RULES.
§64-9-1. Board of accountancy.


The legislative rule filed in the state register on the first day of August, two thousand three, authorized under the authority of section five, article nine, chapter thirty of this code, modified by the board of accountancy to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-sixth day of January, two thousand four, relating to the board of accountancy (board rules and rules of professional conduct, 1 CSR 1), is authorized.
§64-9-2. Commissioner of agriculture.

(a) The legislative rule filed in the state register on the first day of August, two thousand three, authorized under the authority of section ten, article eleven-b, chapter nineteen of this code, modified by the commissioner of agriculture to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-fourth day of November, two thousand three, relating to the commissioner of agriculture (frozen desserts and imitation frozen desserts, 61 CSR 4B), is authorized with the following amendment:

On page one, section 2.1.f, after the words Pasteurized Milk, by deleting the term Ordiance, and by inserting in lieu thereof the word Ordinance.

(b) The legislative rule filed in the state register on the first day of August, two thousand three, authorized under the authority of section ten, article eleven-a, chapter nineteen of this code, modified by the commissioner of agriculture to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-fourth day of November, two thousand three, relating to the commissioner of agriculture (dairy products and imitation dairy products, 61 CSR 4C), is authorized.

(c) The legislative rule filed in the state register on the first day of August, two thousand three, authorized under the authority of section six, article sixteen, chapter nineteen of this code, modified by the commissioner of agriculture to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-fourth day of November, two thousand three, relating to the commissioner of agriculture (West Virginia seed law, 61 CSR 9), is authorized.
§64-9-3. Board of architects.

The legislative rule filed in the state register on the third day of October, two thousand two, authorized under the authority of section one, article twelve, chapter thirty of this code, modified by the board of architects to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-second day of April, two thousand three, relating to the board of architects (registration of architects, 2 CSR 1), is authorized.
§64-9-4. Auditor's office.

(a) The legislative rule filed in the state register on the first day of August, two thousand three, authorized under the authority of section ten-c, article three, chapter twelve of this code, modified by the auditor's office to meet the objections of the legislative rule-making review committee and refiled in the state register on the eighteenth day of December, two thousand three, relating to the auditor's office (transaction fee and rate structure, 155 CSR 4), is authorized.

(b) The legislative rule filed in the state register on the first day of August, two thousand three, authorized under the authority of section ten-a, article three, chapter twelve of this code, modified by the auditor's office to meet the objections of the legislative rule-making review committee and refiled in the state register on the fourth day of November, two thousand three, relating to the auditor's office (state purchasing card program, 155 CSR 7), is authorized with the following amendments:

'On page two, section two, subdivision 2.17.e, line one, following the words Higher Education, by inserting the words not to exceed $5,000 for any purchase.

On page two, section two, subdivision 2.17.f, line two, following the words Higher Education, by striking out the word which and inserting in lieu thereof the words not to exceed $5,000 for any purchase unless approved by the Purchasing Division. 'Routine, regularly scheduled payments of Higher Education'.

On page two, section two, subdivision 2.18.c, line three, following the words Chapter 15, by striking out the words and WV Code 18B-5-9.

On page two, section two, subdivision 2.18.c, line five, following the words with the card, and the semicolon, by inserting the words and as provided in WV Code 18B-5-9, the transaction limit for Higher Education is the credit limit associated with the card, not to exceed $5,000 for any purchase, followed by a semicolon.

On page two, section two, subdivision 2.18.e, line four, following the words with the card, by striking out the period and inserting the words except as provided in subdivision 2.17.f..

And,

On page three, section three, subsection 3.3, line one, following the words an emergency, by striking out the word effecting and inserting in lieu thereof the word affecting.'
§64-9-5. Board of examiners in counseling.

The legislative rule filed in the state register on the fourth day of December, two thousand two, authorized under the authority of section five, article thirty-one, chapter thirty of this code, modified by the board of examiners in counseling to meet the objections of the legislative rule- making review committee and refiled in the state register on the twenty-first day of April, two thousand three, relating to the board of examiners in counseling (fees, 27 CSR 2), is authorized.
§64-9-6. Board of registration for professional engineers.

The legislative rule filed in the state register on the thirtieth day of July, two thousand three, authorized under the authority of section nine, article thirteen, chapter thirty of this code, modified by the board of registration for professional engineers to meet the objections of the legislative rule- making review committee and refiled in the state register on the fourteenth day of January, two thousand four, relating to the board of registration for professional engineers (rule governing the West Virginia board of registration for professional engineers, 7 CSR 1), is authorized with the following amendments:

On page three, subsection 3.3, subdivision h, by striking out said subdivision h in its entirety; and,

On page twenty-one, subsection 14.4, by striking out said subsection 14.4 in its entirety and inserting in lieu thereof the words:

'The Board may assess administrative costs incurred in the performance of its enforcement or investigatory activities against any person or entity who violates the provisions referenced in subsection 14.1 of this rule, which shall be paid to the West Virginia State Board of Registration for Professional Engineers by check or money order within a period of thirty (30) days from the date of the final order entered by the Board.'
§64-9-7. Board of examiners of land surveyors.

(a) The legislative rule filed in the state register on the first day of August, two thousand three, authorized under the authority of section four, article thirteen-a, chapter thirty of this code, relating to the board of examiners of land surveyors (minimum standards for practice of land surveying in West Virginia, 23 CSR 1), is authorized with the following amendments:

On page three, subsection 5.1, line eight, after the words annual renewal fee by striking out the comma and the words determined by the board, not to exceed one hundred dollars ($100.00) and by inserting in lieu thereof the words of forty dollars($40.00);

On page three, subsection 5.1, line nine, after the words the fee shall increase, by striking out the words an amount determined by the Board, not to exceed twenty per cent (20%) of the annual renewal fee and inserting in lieu thereof the words one dollar ($1.00);

And,

On page four, subsection 5.1, line one, after the words payment of a fee, by striking out the words determined by the Board, not to exceed fifty dollars ($50.00) and by inserting in lieu thereof the words of ten dollars($10.00).

(b) The legislative rule filed in the state register on the first day of August, two thousand three, authorized under the authority of section four, article thirteen-a, chapter thirty of this code, relating to the board of examiners of land surveyors (mandatory continuing education for land surveyors, 23 CSR 2), is authorized.
§64-9-8. Board of landscape architects.

The legislative rule filed in the state register on the first day of August, two thousand three, authorized under the authority of section five, article twenty-two, chapter thirty of this code, modified by the board of landscape architects to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-fourth day of November, two thousand three, relating to the board of landscape architects (rule of the West Virginia board of landscape architects, 9 CSR 1), is authorized, with the following amendment:

On page one, section 1.1, the line one, after the words the Board, by inserting the words and the;

On page three, section 4.15, line two, after the words Section 8 of, by striking out the words these rules and inserting in lieu thereof, the words this rule;

On page four, section 6.5, line two, after the words Section 4.2 of, by striking out the words these rules and inserting in lieu thereof, the words this rule;

On page five, section 6.6, line four, after the words Section 4.17 of, by striking out the words these rules and inserting in lieu thereof, the words this rule;

On page five, section 6.8, line three, after the words 10.6 of, by striking out the words these rules and inserting in lieu thereof, the words this rule;

And,

On page seven, section 7.7, line four, after the word or, by striking out the words these rules and inserting in lieu thereof, the words this rule, and after the words violation of, by striking out the words these rules and inserting in lieu thereof, the words this rule.
§64-9-9. Board of examiners for licensed practical nurses.

The legislative rule filed in the state register on the twenty-third day of June, two thousand three, authorized under the authority of section one, article seven-a, chapter thirty of this code, relating to the board of examiners for licensed practical nurses (policies and procedures for development and maintenance of education programs in practical nursing, 10 CSR 1), is authorized.
§64-9-10. Board of medicine.

The legislative rule filed in the state register on the sixteenth day of July, two thousand three, authorized under the authority of section seven, article three, chapter thirty of this code, relating to the board of medicine (licensing and disciplinary procedures: physicians; podiatrists, 11 CSR 1a), is authorized.
§64-9-11. Board of optometry.

The legislative rule filed in the state register on the thirty-first day of July, two thousand three, authorized under the authority of section three, article eight, chapter thirty of this code, modified by the board of optometry to meet the objections of the legislative rule-making review committee and refiled in the state register on the eighteenth day of December, two thousand three, relating to the board of optometry (rule of the West Virginia board of optometry, 14 CSR 1), is authorized.
§64-9-12. Board of examiners of psychologists.

The legislative rule filed in the state register on the eighteenth day of June, two thousand three, authorized under the authority of section six, article twenty-one, chapter thirty of this code, modified by the board of examiners of psychologists to meet the objections of the legislative rule- making review committee and refiled in the state register on the eighth day of August, two thousand three, relating to the board of examiners of psychologists (fees, 17 CSR 1), is authorized.
§64-9-13. Public service commission.

The legislative rule filed in the state register on the twenty-first day of November, two thousand three, authorized under the authority of section three, article seventeen-a, chapter seventeen-c of this code, modified by the public service commission to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-sixth day of January, two thousand four, relating to the public service commission (transportation of coal by commercial motor vehicles, 150 CSR 27), is authorized.
§64-9-14. Records management and preservation board.

The legislative rule filed in the state register on the thirteenth day of June, two thousand three, authorized under the authority of section fifteen, article eight, chapter five-a of this code, relating to the records management and preservation board (general management and preservation of county records, 100 CSR 2), is authorized with the following amendment:

On page seven, section five, subsection 5.2, line 1, by striking the word shall and inserting the word may.
§64-9-15. Statewide addressing and mapping board.

The legislative rule filed in the state register on the first day of August, two thousand three, authorized under the authority of section six, article one, chapter twenty-four-e of this code, modified by the statewide addressing and mapping board to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-sixth day of January, two thousand four, relating to the statewide addressing and mapping board (addressing and mapping standards and participation by public agencies in statewide addressing and mapping projects, 169 CSR 2), is authorized."
The bill was then ordered to third reading.

Com. Sub. for S. B. 204, Relating to strategic research and development tax credit; on second reading, coming up in regular order, was read a second time

An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page six, section six, line eighty-seven, following the word "group" and the comma, by striking out the word "is" and inserting in lieu thereof the word "if".

The bill was then ordered to third reading.

Com. Sub. for S. B. 260, Allowing design-build board to be reimbursed for certain expenses; on second reading, coming up in regular order, was read a second time.

An amendment, recommended by the Committee on Government Organization, was reported by the Clerk and adopted, amending the bill on page four, section four, line fifty, by striking out subsection (d) in its entirety.

The bill was then ordered to third reading.

Com. Sub. for S. B. 460, Relating to regulating surveyors and underground surveyors; on second reading, coming up in regular order, was read a second time.

An amendment, recommended by the Committee on Government Organization, was reported by the Clerk and adopted, amending the bill on page seven, section two, line seventy-nine, by striking out all of subsection (w) and inserting in lieu thereof a new subsection (w) to read as follows:

"(w) 'Mortgage/loan inspection survey' means a survey in which property lines and corner have not been established."

On page thirteen, section three, line two-hundred eight, by striking out the first instance of the word "features".

On page thirty-six, section fourteen, line nine, following the word "fees", by inserting the words "as set by rule".

On page thirty-six, section fifteen, line eleven, following the word "fees", by inserting the words "as set by rule".

On page forty-three, section twenty-four, line six, following the word "thereto", by changing the period to a comma and inserting the following:

"except that any document, plan, map, drawing, exhibit, sketch or pictorial representation prepared by a person exempted from the regulation and licensing requirements of this article as provided in section thirty-six of this article, shall not be required to have the signature and seal affixed thereto" and a period.

On page forty-three, section twenty-four, line eleven, following the word "changes", by changing the period to a comma and inserting the following:

"except that any document, plan, map, drawing, exhibit, sketch or pictorial representation altered by a person exempted from the regulation and licensing requirements of this article as provided in section thirty-six of this article, shall require that the person who made the alteration initial the changes" followed by a period.
On page forty-seven, section twenty-six, line seventy-eight, following the word "The", by inserting the word "ares" and a comma.

On page forty-eight, section twenty-six, line one hundred three, following the word "description", by inserting the words "or strip description, if applicable".

On page forty-nine, section twenty-six, line one hundred twenty-two, by striking out item (12) in its entirety and inserting in lieu thereof a new item (12) to read as follows:

"(12) The name of the individual preparing the description of the survey" and a period.

And,

On page fifty, section twenty-six, line one hundred thirty-five, by striking out all of subsection (p) and inserting in lieu thereof a new subsection (p) to read as follows:

"(p) A mortgage/loan inspection survey in which boundaries on a property have not been surveyed in accordance with the methods set forth by the board, then the plat must be stamped 'a mortgage inspection survey only, not a boundary survey'. The surveyor must notify a landowner or other person commissioning their services if a survey or an inspection was performed."

The bill was then ordered to third reading.

S. B. 480, Exempting nonprofit licensed nursing homes from registration under solicitation of charitable funds act; on second reading, coming up in regular order, was read a second time and ordered to third reading.

S. B. 638, Authorizing special license plate for Davis & Elkins college and plate recognizing breast cancer survivors; on second reading, coming up in regular order, was read a second time.

An amendment, recommended by the Committee on Roads and Transportation, was reported by the Clerk and adopted, amending the bill on page one by striking out everything following the enacting section and inserting in lieu thereof the following:

"That §17A-3-14 of the code of West Virginia, 1931, as amended, be amended and reenacted, to read as follows:
ARTICLE 3. ORIGINAL AND RENEWAL OF REGISTRATION; ISSUANCE OF CERTIFICATES OF TITLE.
§17A-3-14. Registration plates generally; description of plates; issuance of special numbers and plates; registration fees; special application fees; exemptions; commissioner to promulgate forms; suspension and nonrenewal.


(a) The division upon registering a vehicle shall issue to the owner one registration plate for a motorcycle, trailer, semitrailer or other motor vehicle.

(b) Registration plates issued by the division shall meet the following requirements:

(1) Every registration plate shall be of reflectorized material and have displayed upon it the registration number assigned to the vehicle for which it is issued; the name of this state, which may be abbreviated; and the year number for which it is issued or the date of expiration of the plate.

(2) Every registration plate and the required letters and numerals on the plate shall be of sufficient size to be plainly readable from a distance of one hundred feet during daylight: Provided, That the requirements of this subdivision shall not apply to the year number for which the plate is issued or the date of expiration.

(3) Registration numbering for registration plates shall begin with number two.

(c) The division may not issue, permit to be issued or distribute any special registration plates except as follows:

(1) The governor shall be issued two registration plates, on one of which shall be imprinted the numeral one and on the other the word one.

(2) State officials and judges may be issued special registration plates as follows:

(A) Upon appropriate application, the division shall issue to the secretary of state, state superintendent of schools, auditor, treasurer, commissioner of agriculture and the attorney general, the members of both houses of the Legislature, including the elected officials of both houses of the Legislature, the justices of the supreme court of appeals of West Virginia, the representatives and senators of the state in the Congress of the United States, the judges of the West Virginia circuit courts, active and retired on senior status, the judges of the United States district courts for the state of West Virginia and the judges of the United States court of appeals for the fourth circuit, if any of the judges are residents of West Virginia, a special registration plate for a Class A motor vehicle and a special registration plate for a Class G motorcycle owned by the official or his or her spouse: Provided, That the division may issue a Class A special registration plate for each vehicle titled to the official and a Class G special registration plate for each motorcycle titled to the official.

(B) Each plate issued pursuant to this subdivision shall bear any combination of letters and numbers not to exceed an amount determined by the commissioner and a designation of the office. Each plate shall supersede the regular numbered plate assigned to the official or his or her spouse during the official's term of office and while the motor vehicle is owned by the official or his or her spouse.

(C) The division shall charge an annual fee of fifteen dollars for every registration plate issued pursuant to this subdivision, which is in addition to all other fees required by this chapter.

(3) The division may issue members of the national guard forces special registration plates as follows:

(A) Upon receipt of an application on a form prescribed by the division and receipt of written evidence from the chief executive officer of the army national guard or air national guard, as appropriate, or the commanding officer of any United States armed forces reserve unit that the applicant is a member thereof, the division shall issue to any member of the national guard of this state or a member of any reserve unit of the United States armed forces a special registration plate designed by the commissioner for any number of Class A motor vehicles owned by the member. Upon presentation of written evidence of retirement status, retired members of this state's army or air national guard, or retired members of any reserve unit of the United States armed forces, are eligible to purchase the special registration plate issued pursuant to this subdivision.

(B) The division shall charge an initial application fee of ten dollars for each special registration plate issued pursuant to this subdivision, which is in addition to all other fees required by this chapter. All initial application fees collected by the division shall be deposited into a special revolving fund to be used in the administration of this section.

(C) A surviving spouse may continue to use his or her deceased spouse's national guard forces license plate until the surviving spouse dies, remarries or does not renew the license plate.

(4) Specially arranged registration plates may be issued as follows:

(A) Upon appropriate application, any owner of a motor vehicle subject to Class A registration, or a motorcycle subject to Class G registration, as defined by this article, may request that the division issue a registration plate bearing specially arranged letters or numbers with the maximum number of letters or numbers to be determined by the commissioner. The division shall attempt to comply with the request wherever possible.

(B) The commissioner shall propose rules for legislative approval in accordance with the provisions of chapter twenty-nine-a of this code regarding the orderly distribution of the plates: Provided, That for purposes of this subdivision, the registration plates requested and issued shall include all plates bearing the numbers two through two thousand.

(C) An annual fee of fifteen dollars shall be charged for each special registration plate issued pursuant to this subdivision, which is in addition to all other fees required by this chapter.

(5) The division may issue honorably discharged veterans special registration plates as follows:

(A) Upon appropriate application, the division shall issue to any honorably discharged veteran of any branch of the armed services of the United States a special registration plate for any number of vehicles titled in the name of the qualified applicant with an insignia designed by the commissioner of the division of motor vehicles.

(B) The division shall charge a special initial application fee of ten dollars in addition to all other fees required by law. This special fee is to compensate the division of motor vehicles for additional costs and services required in the issuing of the special registration and shall be collected by the division and deposited in a special revolving fund to be used for the administration of this section: Provided, That nothing in this section may be construed to exempt any veteran from any other provision of this chapter.

(C) A surviving spouse may continue to use his or her deceased spouse's honorably discharged veterans license plate until the surviving spouse dies, remarries or does not renew the license plate.

(6) The division may issue disabled veterans special registration plates as follows:

(A) Upon appropriate application, the division shall issue to any disabled veteran who is exempt from the payment of registration fees under the provisions of this chapter a registration plate for a vehicle titled in the name of the qualified applicant which bears the letters 'DV' in red and also the regular identification numerals in red.

(B) A surviving spouse may continue to use his or her deceased spouse's disabled veterans license plate until the surviving spouse dies, remarries or does not renew the license plate.

(C) A qualified disabled veteran may obtain a second disabled veteran license plate as described in this section for use on a passenger vehicle titled in the name of the qualified applicant. The division shall charge a one-time fee of ten dollars to be deposited into a special revolving fund to be used in the administration of this section, in addition to all other fees required by this chapter, for the second plate.

(7) The division may issue recipients of the distinguished purple heart medal special registration plates as follows:

(A) Upon appropriate application, there shall be issued to any armed service person holding the distinguished purple heart medal for persons wounded in combat a registration plate for a vehicle titled in the name of the qualified applicant bearing letters or numbers. The registration plate shall be designed by the commissioner of motor vehicles and shall denote that those individuals who are granted this special registration plate are recipients of the purple heart. All letterings shall be in purple where practical.

(B) Registration plates issued pursuant to this subdivision are exempt from all registration fees otherwise required by the provisions of this chapter.

(C) A surviving spouse may continue to use his or her deceased spouse's purple heart medal license plate until the surviving spouse dies, remarries or does not renew the license plate.

(D) A recipient of the purple heart medal may obtain a second purple heart medal license plate as described in this section for use on a passenger vehicle titled in the name of the qualified applicant. The division shall charge a one-time fee of ten dollars to be deposited into a special revolving fund to be used in the administration of this section, in addition to all other fees required by this chapter, for the second plate.

(8) The division may issue survivors of the attack on Pearl Harbor special registration plates as follows:

(A) Upon appropriate application, the owner of a motor vehicle who was enlisted in any branch of the armed services that participated in and survived the attack on Pearl Harbor on the seventh day of December, one thousand nine hundred forty-one, the division shall issue a special registration plate for a vehicle titled in the name of the qualified applicant. The registration plate shall be designed by the commissioner of motor vehicles.

(B) Registration plates issued pursuant to this subdivision are exempt from the payment of all registration fees otherwise required by the provisions of this chapter.

(C) A surviving spouse may continue to use his or her deceased spouse's survivors of the attack on Pearl Harbor license plate until the surviving spouse dies, remarries or does not renew the license plate.

(D) A survivor of the attack on Pearl Harbor may obtain a second survivors of the attack on Pearl Harbor license plate as described in this section for use on a passenger vehicle titled in the name of the qualified applicant. The division shall charge a one-time fee of ten dollars to be deposited into a special revolving fund to be used in the administration of this section, in addition to all other fees required by this chapter, for the second plate.

(9) The division may issue special registration plates to nonprofit charitable and educational organizations authorized under prior enactment of this subdivision as follows:

(A) Approved nonprofit charitable and educational organizations previously authorized under the prior enactment of this subdivision may accept and collect applications for special registration plates from owners of Class A motor vehicles together with a special annual fee of fifteen dollars, which is in addition to all other fees required by this chapter. The applications and fees shall be submitted to the division of motor vehicles with the request that the division issue a registration plate bearing a combination of letters or numbers with the organizations' logo or emblem, with the maximum number of letters or numbers to be determined by the commissioner.

(B) The commissioner shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code regarding the procedures for and approval of special registration plates issued pursuant to this subdivision.

(C) The commissioner shall set an appropriate fee to defray the administrative costs associated with designing and manufacturing special registration plates for a nonprofit charitable or educational organization. The nonprofit charitable or educational organization shall collect this fee and forward it to the division for deposit in a special revolving fund to pay the administrative costs. The nonprofit charitable or educational organization may also collect a fee for marketing the special registration plates.

(D) The commissioner may not approve or authorize any additional nonprofit charitable and educational organizations to design or market special registration plates.

(10) The division may issue specified emergency or volunteer registration plates as follows:

(A) Any owner of a motor vehicle who is a resident of the state of West Virginia and who is a certified paramedic or emergency medical technician, a member of a paid fire department, a member of the state fire commission, the state fire marshal, the state fire marshal's assistants, the state fire administrator and voluntary rescue squad members may apply for a special license plate for any number of Class A vehicles titled in the name of the qualified applicant which bears the insignia of the profession, group or commission. Any insignia shall be designed by the commissioner. License plates issued pursuant to this subdivision shall bear the requested insignia in addition to the registration number issued to the applicant pursuant to the provisions of this article.

(B) Each application submitted pursuant to this subdivision shall be accompanied by an affidavit signed by the fire chief or department head of the applicant stating that the applicant is justified in having a registration with the requested insignia; proof of compliance with all laws of this state regarding registration and licensure of motor vehicles; and payment of all required fees.

(C) Each application submitted pursuant to this subdivision shall be accompanied by payment of a special initial application fee of ten dollars, which is in addition to any other registration or license fee required by this chapter. All special fees shall be collected by the division and deposited into a special revolving fund to be used for the purpose of compensating the division of motor vehicles for additional costs and services required in the issuing of the special registration and for the administration of this section.

(11) The division may issue specified certified firefighter registration plates as follows:

(A) Any owner of a motor vehicle who is a resident of the state of West Virginia and who is a certified firefighter may apply for a special license plate which bears the insignia of the profession, for any number of Class A vehicles titled in the name of the qualified applicant. Any insignia shall be designed by the commissioner. License plates issued pursuant to this subdivision shall bear the requested insignia pursuant to the provisions of this article. Upon presentation of written evidence of certification as a certified firefighter, certified firefighters are eligible to purchase the special registration plate, issued pursuant to this subdivision.

(B) Each year an application submitted pursuant to this subdivision shall be accompanied by an affidavit stating that the applicant is justified in having a registration with the requested insignia; proof of compliance with all laws of this state regarding registration and licensure of motor vehicles; and payment of all required fees. The firefighter certification department, section or division of the West Virginia university fire service extension shall notify the commissioner in writing immediately when a firefighter loses his or her certification. If a firefighter loses his or her certification, the commissioner may not issue him or her a license plate under this subsection.

(C) Each year an application submitted pursuant to this subdivision shall be accompanied by payment of a special initial application fee of ten dollars, which is in addition to any other registration or license fee required by this chapter. All special fees shall be collected by the division and deposited into a special revolving fund to be used for the purpose of compensating the division of motor vehicles for additional costs and services required in the issuing of the special registration and for the administration of this section.

(12) The division may issue special scenic registration plates as follows:

(A) Upon appropriate application, the commissioner shall issue a special registration plate displaying a scenic design of West Virginia which displays the words 'Wild Wonderful' as a slogan.

(B) The division shall charge a special one-time initial application fee of ten dollars in addition to all other fees required by this chapter. All initial application fees collected by the division shall be deposited into a special revolving fund to be used in the administration of this chapter.

(13) The division may issue honorably discharged marine corps league members special registration plates as follows:

(A) Upon appropriate application, the division shall issue to any honorably discharged marine corps league member a special registration plate for any number of vehicles titled in the name of the qualified applicant with an insignia designed by the commissioner of the division of motor vehicles.

(B) The division may charge a special one-time initial application fee of ten dollars in addition to all other fees required by this chapter. This special fee is to compensate the division of motor vehicles for additional costs and services required in the issuing of the special registration and shall be collected by the division and deposited in a special revolving fund to be used for the administration of this section: Provided, That nothing in this section may be construed to exempt any veteran from any other provision of this chapter.

(C) A surviving spouse may continue to use his or her deceased spouse's honorably discharged marine corps league license plate until the surviving spouse dies, remarries or does not renew the license plate.

(14) The division may issue military organization registration plates as follows:

(A) The division may issue a special registration plate for the members of any military organization chartered by the United States Congress upon receipt of a guarantee from organization of a minimum of one hundred applicants. The insignia on the plate shall be designed by the commissioner.

(B) Upon appropriate application, the division may issue members of the chartered organization in good standing, as determined by the governing body of the chartered organization, a special registration plate for any number of vehicles titled in the name of the qualified applicant.

(C) The division shall charge a special one-time initial application fee of ten dollars for each special license plate in addition to all other fees required by this chapter. All initial application fees collected by the division shall be deposited into a special revolving fund to be used in the administration of this chapter: Provided, That nothing in this section may be construed to exempt any veteran from any other provision of this chapter.

(D) A surviving spouse may continue to use his or her deceased spouse's military organization registration plate until the surviving spouse dies, remarries or does not renew the special military organization registration plate.

(15) The division may issue special nongame wildlife registration plates and special wildlife registration plates as follows:

(A) Upon appropriate application, the division shall issue a special registration plate displaying a species of West Virginia wildlife which shall display a species of wildlife native to West Virginia as prescribed and designated by the commissioner and the director of the division of natural resources.

(B) The division shall charge an annual fee of fifteen dollars for each special nongame wildlife registration plate and each special wildlife registration plate in addition to all other fees required by this chapter. All annual fees collected for nongame wildlife registration plates and wildlife registration plates shall be deposited in a special revenue account designated the nongame wildlife fund and credited to the division of natural resources.

(C) The division shall charge a special one-time initial application fee of ten dollars in addition to all other fees required by this chapter. All initial application fees collected by the division shall be deposited in a special revolving fund to be used in the administration of this chapter.

(16) The division may issue members of the silver haired legislature special registration plates as follows:

(A) Upon appropriate application, the division shall issue to any person who is a duly qualified member of the silver haired legislature a specialized registration plate which bears recognition of the applicant as a member of the silver haired legislature.

(B) A qualified member of the silver haired legislature may obtain one registration plate described in this subdivision for use on a passenger vehicle titled in the name of the qualified applicant. The division shall charge an annual fee of fifteen dollars, in addition to all other fees required by this chapter, for the plate. All annual fees collected by the division shall be deposited in a special revolving fund to be used in the administration of this chapter.

(17) Upon appropriate application, the commissioner shall issue to a classic motor vehicle or classic motorcycle as defined in section three-a, article ten of this chapter, a special registration plate designed by the commissioner. An annual fee of fifteen dollars, in addition to all other fees required by this chapter, shall be charged for each classic registration plate.

(18) Honorably discharged veterans may be issued special registration plates for motorcycles subject to Class G registration as follows:

(A) Upon appropriate application, there shall be issued to any honorably discharged veteran of any branch of the armed services of the United States a special registration plate for any number of motorcycles subject to Class G registration titled in the name of the qualified applicant with an insignia designed by the commissioner of the division of motor vehicles.

(B) A special initial application fee of ten dollars shall be charged in addition to all other fees required by law. This special fee is to compensate the division of motor vehicles for additional costs and services required in the issuing of the special registration and shall be collected by the division and deposited in a special revolving fund to be used for the administration of this section: Provided, That nothing in this section may be construed to exempt any veteran from any other provision of this chapter.

(C) A surviving spouse may continue to use his or her deceased spouse's honorably discharged veterans license plate until the surviving spouse dies, remarries or does not renew the license plate.

(19) Racing theme special registration plates:

(A) The division may issue a series of special registration plates displaying national association for stock car auto racing themes.

(B) An annual fee of twenty-five dollars shall be charged for each special racing theme registration plate in addition to all other fees required by this chapter. All annual fees collected for each special racing theme registration plate shall be deposited into a special revolving fund to be used in the administration of this chapter.

(C) A special application fee of ten dollars shall be charged at the time of initial application as well as upon application for any duplicate or replacement registration plate, in addition to all other fees required by this chapter. All application fees shall be deposited into a special revolving fund to be used in the administration of this chapter.

(20) The division may issue recipients of the navy cross, distinguished service cross, distinguished flying cross, air force cross, bronze star or silver star special registration plates as follows:

(A) Upon appropriate application, the division shall issue to any recipient of the navy cross, distinguished service cross, distinguished flying cross, air force cross, silver star or bronze star, a registration plate for any number of vehicles titled in the name of the qualified applicant bearing letters or numbers. A separate registration plate shall be designed by the commissioner of motor vehicles for each award that denotes that those individuals who are granted this special registration plate are recipients of the navy cross, distinguished service cross, distinguished flying cross, air force cross, silver star or bronze star, as applicable.

(B) The division shall charge a special initial application fee of ten dollars in addition to all other fees required by law. This special fee is to compensate the division of motor vehicles for additional costs and services required in the issuing of the special registration and shall be collected by the division and deposited in a special revolving fund to be used for the administration of this section: Provided, That nothing in this section exempts the applicant for a special registration plate under this subdivision from any other provision of this chapter.

(C) A surviving spouse may continue to use his or her deceased spouse's navy cross, distinguished service cross, distinguished flying cross, air force cross, silver star or bronze star special registration plate until the surviving spouse dies, remarries or does not renew the special registration plate.

(21) The division may issue honorably discharged veterans special registration plates as follows:

(A) Upon appropriate application, the division shall issue to any honorably discharged veteran of any branch of the armed services of the United States with verifiable service during World War II, the Korean War, the Vietnam War, the Persian Gulf War or the War against Terrorism, a special registration plate for any number of vehicles titled in the name of the qualified applicant with an insignia designed by the commissioner denoting service in the applicable conflict.

(B) The division shall charge a special one-time initial application fee of ten dollars in addition to all other fees required by law. This special fee is to compensate the division of motor vehicles for additional costs and services required in the issuing of the special registration and shall be collected by the division and deposited in a special revolving fund to be used for the administration of this section: Provided, That nothing contained in this section may be construed to exempt any veteran from any other provision of this chapter.

(C) A surviving spouse may continue to use his or her deceased spouse's honorably discharged veterans registration plate until the surviving spouse dies, remarries or does not renew the special registration plate.

(22) The division may issue special volunteer firefighter registration plates as follows:

(A) Any owner of a motor vehicle who is a resident of West Virginia and who is a volunteer firefighter may apply for a special license plate for any Class A vehicle titled in the name of the qualified applicant which bears the insignia of the profession in white letters on a red background. The insignia shall be designed by the commissioner and shall contain a fireman's helmet insignia on the left side of the license plate.

(B) Each application submitted pursuant to this subdivision shall be accompanied by an affidavit signed by the applicant's fire chief, stating that the applicant is a volunteer firefighter and justified in having a registration plate with the requested insignia. The applicant must comply with all other laws of this state regarding registration and licensure of motor vehicles and must pay all required fees.

(C) Each application submitted pursuant to this subdivision shall be accompanied by payment of a special one-time initial application fee of ten dollars, which is in addition to any other registration or license fee required by this chapter. All application fees shall be deposited into a special revolving fund to be used in the administration of this chapter.

(23) The division may issue special registration plates which reflect patriotic themes, including the display of any United States symbol, icon, phrase or expression, which evokes patriotic pride or recognition.

(A) Upon appropriate application, the division shall issue to an applicant a registration plate of the applicant's choice, displaying a patriotic theme as provided in this subdivision, for a vehicle titled in the name of the applicant. A series of registration plates displaying patriotic themes shall be designed by the commissioner of motor vehicles for distribution to applicants.

(B) The division shall charge a special one-time initial application fee of ten dollars in addition to all other fees required by law. This special fee is to compensate the division of motor vehicles for additional costs and services required in the issuing of the special registration and shall be collected by the division and deposited in a special revolving fund to be used for the administration of this section.

(24) Special license plates bearing the American flag and the logo '9/11/01'.

(A) Upon appropriate application, the division shall issue special registration plates which shall display the American flag and the logo '9/11/01'.

(B) An annual fee of fifteen dollars shall be charged for each plate in addition to all other fees required by this chapter.

(C) A special application fee of ten dollars shall be charged at the time of initial application as well as upon application for any duplicate or replacement registration plate, in addition to all other fees required by this chapter. All application fees shall be deposited into a special revolving fund to be used in the administration of this chapter.

(25) The division may issue a special registration plate celebrating the centennial of the 4-H youth development movement and honoring the future farmers of America organization as follows:

(A) Upon appropriate application, the division may issue a special registration plate depicting the symbol of the 4-H organization which represents the head, heart, hands and health as well as the symbol of the future farmers of America organization which represents a cross section of an ear of corn for any number of vehicles titled in the name of the qualified applicant.

(B) The division shall charge a special initial application fee of ten dollars in addition to all other fees required by law. This special fee is to compensate the division of motor vehicles for additional costs and services required in the issuing of the special registration and shall be collected by the division and deposited in a special revolving fund to be used for the administration of this section.

(C) The division shall charge an annual fee of fifteen dollars for each special 4-H future farmers of America registration plate in addition to all other fees required by this chapter.

(26) The division may issue special registration plates to educators in the state's elementary and secondary schools and in the state's institutions of higher education as follows:

(A) Upon appropriate application, the division may issue a special registration plate designed by the commissioner for any number of vehicles titled in the name of the qualified applicant.

(B) The division shall charge a special initial application fee of ten dollars in addition to all other fees required by law. This special fee is to compensate the division of motor vehicles for additional costs and services required in the issuing of the special registration and shall be collected by the division and deposited in a special revolving fund to be used for the administration of this section.

(C) The division shall charge an annual fee of fifteen dollars for each special educator registration plate in addition to all other fees required by this chapter.

(27) The division may issue special registration plates to members of the Nemesis Shrine as follows:

(A) Upon appropriate application, the division may issue a special registration plate designed by the commissioner for any number of vehicles titled in the name of the qualified applicant. Persons desiring the special registration plate shall offer sufficient proof of membership in Nemesis Shrine.

(B) The division shall charge a special initial application fee of ten dollars in addition to all other fees required by law. This special fee is to compensate the division of motor vehicles for additional costs and services required in the issuing of the special registration and shall be collected by the division and deposited in a special revolving fund to be used for the administration of this section.

(C) An annual fee of fifteen dollars shall be charged for each plate in addition to all other fees required by this chapter.

(D) Not withstanding the provisions of subsection (d) of this section, the time period for the Nemesis Shrine to comply with the minimum one hundred prepaid applications is hereby extended to the fifteenth day of January, two thousand five.

(28) The division may issue volunteers and employees of the American Red Cross special registration plates as follows:

(A) Upon appropriate application, the division shall issue to any person who is a duly qualified volunteer or employee of the American Red Cross a specialized registration plate which bears recognition of the applicant as a volunteer or employee of the American Red Cross for any number of vehicles titled in the name of the qualified applicant.

(B) The division shall charge a special initial application fee of ten dollars in addition to all other fees required by law. This special fee is to compensate the division of motor vehicles for additional costs and services required in the issuing of the special registration and shall be collected by the division and deposited in a special revolving fund to be used for the administration of this section.

(C) An annual fee of fifteen dollars shall be charged for each plate in addition to all other fees required by this chapter.

(29) The division shall issue special registration plates to individuals who have received either the Combat Infantry Badge or the Combat Medic Badge as follows:

(A) Upon appropriate application, the division shall issue a special registration plate designed by the commissioner for any number of vehicles titled in the name of the qualified applicant. Persons desiring the special registration plate shall offer sufficient proof that they have received either the Combat Infantry Badge or the Combat Medic Badge.

(B) The division shall charge a special initial application fee of ten dollars in addition to all other fees required by law. This special fee is to compensate the division of motor vehicles for additional costs and services required in the issuing of the special registration and shall be collected by the division and deposited in a special revolving fund to be used for the administration of this section.

(30) The division may issue special registration plates to members of the Knights of Columbus as follows:

(A) Upon appropriate application, the division shall issue a special registration plate designed by the commissioner for any number of vehicles titled in the name of the qualified applicant. Persons desiring the special registration plate shall offer sufficient proof of membership in the Knights of Columbus.

(B) The division shall charge a special initial application fee of ten dollars in addition to all other fees required by law. This special fee is to compensate the division of motor vehicles for additional costs and services required in the issuing of the special registration and shall be collected by the division and deposited in a special revolving fund to be used for the administration of this section.

(C) An annual fee of fifteen dollars shall be charged for each plate in addition to all other fees required by this chapter.

(D) Not withstanding the provisions of subsection (d) of this section, the time period for the Knights of Columbus to comply with the minimum one hundred prepaid applications is hereby extended to the fifteenth day of January, two thousand five.

(31) The division may issue special registration plates to former members of the Legislature as follows:

(A) Upon appropriate application, the division shall issue a special registration plate designed by the commissioner for any number of vehicles titled in the name of the qualified applicant. Persons desiring the special registration plate shall offer sufficient proof of former service as an elected or appointed member of the West Virginia House of Delegates or the West Virginia Senate.

(B) The division shall charge a special initial application fee of ten dollars in addition to all other fees required by law. This special fee is to compensate the division of motor vehicles for additional costs and services required in the issuing of the special registration and shall be collected by the division and deposited in a special revolving fund to be used for the administration of this section. The design of the plate shall indicate total years of service in the Legislature.

(C) An annual fee of fifteen dollars shall be charged for each plate in addition to all other fees required by this chapter.

(32) Democratic state or county executive committee member special registration plates:

(A) The division shall design and issue special registration plates for use by democratic state or county executive committee members. The design of the plates shall include an insignia of a donkey and shall differentiate by wording on the plate between state and county executive committee members.

(B) An annual fee of twenty-five dollars shall be charged for each democratic state or county executive committee member registration plate in addition to all other fees required by this chapter. All annual fees collected for each special plate issued under this subdivision shall be deposited into a special revolving fund to be used in the administration of this chapter.

(C) A special application fee of ten dollars shall be charged at the time of initial application as well as upon application for any duplicate or replacement registration plate, in addition to all other fees required by this chapter. All application fees shall be deposited into a special revolving fund to be used in the administration of this chapter.

(D) The division shall not begin production of a plate authorized under the provisions of this subdivision until the division receives at least one hundred completed applications from the state or county executive committee members, including all fees required pursuant to this subdivision.

(E) Not withstanding the provisions of subsection (d) of this section, the time period for the democratic executive committee to comply with the minimum one hundred prepaid applications is hereby extended to the fifteenth day of January, two thousand five.

(33) The division may issue honorably discharged female veterans special registration plates as follows:

(A) Upon appropriate application, there shall be issued to any female honorably discharged veteran, of any branch of the armed services of the United States, a special registration plate for any number of vehicles titled in the name of the qualified applicant with an insignia designed by the commissioner of the division of motor vehicles to designate the recipient as a woman veteran.

(B) A special initial application fee of ten dollars shall be charged in addition to all other fees required by law. This special fee is to compensate the division of motor vehicles for additional costs and services required in the issuing of the special registration and shall be collected by the division and deposited in a special revolving fund to be used for the administration of this section: Provided, That nothing in this section may be construed to exempt any veteran from any other provision of this chapter.

(C) A surviving spouse may continue to use his deceased spouse's honorably discharged veterans license plate until the surviving spouse dies, remarries or does not renew the license plate.

(34) The division may issue special registration plates bearing the logo, symbol, insignia, letters or words demonstrating association with West Liberty State College to any resident owner of a motor vehicle. Resident owners may apply for the special license plate for any number of Class A vehicles titled in the name of the applicant. The special registration plates shall be designed by the commissioner. Each application submitted pursuant to this subdivision shall be accompanied by payment of a special initial application fee of fifteen dollars, which is in addition to any other registration or license fee required by this chapter. The division shall charge an annual fee of fifteen dollars for each special educator registration plate in addition to all other fees required by this chapter. All special fees shall be collected by the division and deposited into a special revolving fund to be used for the purpose of compensating the division of motor vehicles for additional costs and services required in the issuing of the special registration and for the administration of this section.

(35) The division may issue special registration plates to members of the Harley Owners Group as follows:

(A) Upon appropriate application, the division may issue a special registration plate designed by the commissioner for any number of vehicles titled in the name of the qualified applicant. Persons desiring the special registration plate shall offer sufficient proof of membership in the Harley Owners Group.

(B) The division shall charge a special initial application fee of ten dollars in addition to all other fees required by law. This special fee is to compensate the division of motor vehicles for additional costs and services required in the issuing of the special registration and shall be collected by the division and deposited in a special revolving fund to be used for the administration of this section.

(C) An annual fee of fifteen dollars shall be charged for each plate in addition to all other fees required by this chapter.

(36) The division may issue special registration plates for persons retired from any branch of the armed services of the United States as follows:

(A) Upon appropriate application, there shall be issued to any person who has retired after service in any branch of the armed services of the United States, a special registration plate for any number of vehicles titled in the name of the qualified applicant with an insignia designed by the commissioner of the division of motor vehicles to designate the recipient as retired from the armed services of the United States.

(B) A special initial application fee of ten dollars shall be charged in addition to all other fees required by law. This special fee is to compensate the division of motor vehicles for additional costs and services required in the issuing of a special registration and shall be collected by the division and deposited in a special revolving fund to be used for the administration of this section: Provided, that nothing in this section may be construed to exempt any registrants from any other provision of this chapter.

(C) A surviving spouse may continue to use his or her deceased spouses retired military license plate until the surviving spouse dies, remarries or does not renew the license plate.

(37) The division may issue special registration plates bearing the logo, symbol, insignia, letters or words demonstrating association with or support for Fairmont State College as follows:

(A) Upon appropriate application, the division may issue a special registration plate designed by the commissioner for any number of vehicles titled in the name of the qualified applicant.

(B) The division shall charge a special initial application fee of ten dollars in addition to all other fees required by law. This special fee is to compensate the division of motor vehicles for additional costs and services required in the issuing of the special registration and shall be collected by the division and deposited in a special revolving fund to be used for the administration of this section.

(C) An annual fee of fifteen dollars shall be charged for each plate in addition to all other fees required by this chapter.

(38) The division may issue special registration plates honoring the farmers of West Virginia as follows:

(A) Any owner of a motor vehicle who is a resident of West Virginia may apply for a special license plate depicting a farming scene or other apt reference to farming, whether in pictures or words, at the discretion of the commissioner.

(B) The division shall charge a special initial application fee of ten dollars. This special fee is to compensate the division of motor vehicles for additional costs and services required in the issuing of the special registration and shall be collected by the division and deposited in a special revolving fund to be used for the administration of this section.

(C) An annual fee of fifteen dollars shall be charged for each plate in addition to all other fees required by this chapter.

(39) The division shall issue special registration plates promoting education as follows:

(A) Upon appropriate application, the division shall issue a special registration plate displaying a children's education-related theme as prescribed and designated by the commissioner and the state superintendent of schools.

(B) The division shall charge a special initial application fee of ten dollars in addition to all other fees required by law. This special fee is to compensate the division of motor vehicles for additional costs and services required in the issuing of the special registration and shall be collected by the division and deposited in a special revolving fund to be used for the administration of this section:
Provided, that nothing in this section exempts the applicant for a special registration plate under this subdivision from any other provision of this chapter.

(C) An annual fee of fifteen dollars shall be charged for each plate in addition to all other fees required by this chapter.

(40) The division may issue members of the 82nd Airborne Division Association special registration plates as follows:

(A) The division may issue a special registration plate for members of the 82
nd Airborne Division Association upon receipt of a guarantee from the organization of a minimum of one hundred applicants. The insignia on the plate shall be designed by the commissioner.

(B) Upon appropriate application, the division may issue members of the 82
nd Airborne Division Association in good standing, as determined by the governing body of the organization, a special registration plate for any number of vehicles titled in the name of the qualified applicant.

(C) The division shall charge a special one-time initial application fee of ten dollars for each special license plate in addition to all other fees required by this chapter. All initial application fees collected by the division shall be deposited into a special revolving fund to be used in the administration of this chapter:
Provided, that nothing in this section may be construed to exempt the applicant from any other provision of this chapter.

(D) A surviving spouse may continue to use his or her deceased spouse's special 82
nd Airborne Division Association registration plate until the surviving spouse dies, remarries or does not renew the special registration plate.

(41) The division may issue special registration plates to survivors of wounds received in the line of duty as a member with a West Virginia law-enforcement agency.
(A) Upon appropriate application, the division shall issue to any member of a municipal police department, sheriff's department, the state police or the law-enforcement division of the department of natural resources who has been wounded in the line of duty and awarded a purple heart in recognition thereof by the West Virginia chiefs' of police association, the West Virginia sheriffs' association, the West Virginia troopers' association or the division of natural resources a special registration plate for one vehicle titled in the name of the qualified applicant with an insignia appropriately designed by the commissioner.

(B) Registration plates issued pursuant to this subdivision are exempt from the registration fees otherwise required by the provisions of this chapter
.

(C) A surviving spouse may continue to use his or her deceased spouse's special registration plate until the surviving spouse dies, remarries or does not renew the plate.
(D) Survivors of wounds received in the line of duty as a member with a West Virginia law- enforcement agency may obtain a license plate as described in this section for use on a passenger vehicle titled in the name of the qualified applicant. The division shall charge a one-time fee of ten dollars to be deposited into a special revolving fund to be used in the administration of this section, in addition to all other fees required by this chapter, for the second plate.

(42) The division may issue a special registration plate for persons who are Native Americans and residents of this state.

(A) Upon appropriate application, the division shall issue to an applicant who is a Native American resident of West Virginia a registration plate of the applicants for a vehicle titled in the name of the applicant with an insignia designed by the commissioner of the division of motor vehicles to designate the recipient as a Native American.

(B) The division shall charge a special one-time initial application fee of ten dollars in addition to all other fees required by law. This special fee is to compensate the division of motor vehicles for additional costs and services required in the issuing of the special registration and shall be collected by the division and deposited in a special revolving fund to be used for the administration of this section.

(C) An annual fee of fifteen dollars shall be charged for each plate in addition to all other fees required by this chapter.

(43) The division may issue special registration plates commemorating the centennial anniversary of the creation of Davis and Elkins college as follows:

(A) Upon appropriate application, the division may issue a special registration plate designed by the commissioner to commemorate the centennial anniversary of Davis and Elkins college for any number of vehicles titled in the name of the applicant.

(B) The division shall charge a special initial application fee of ten dollars. This special fee is to compensate the division of motor vehicles for additional costs and services required in the issuing of the special registration and shall be collected by the division and deposited in a special revolving fund to be used for the administration of this section.

(C) An annual fee of fifteen dollars shall be charged for each plate in addition to all other fees required by this chapter.

(44) The division may issue special registration plates recognizing and honoring breast cancer survivors.

(A) Upon appropriate application, the division may issue a special registration plate designed by the commissioner to recognize and honor breast cancer survivors, such plate to incorporate somewhere in the design the 'pink ribbon emblem', for any number of vehicles titled in the name of the applicant.

(B) The division shall charge a special initial application fee of ten dollars. This special fee is to compensate the division of motor vehicles for additional costs and services required in the division and deposited in a special revolving fund to be used for the administration of this section.

(C) An annual fee of fifteen dollars shall be charged for each plate in addition to all other fees required by this chapter.

(45) The division may issue special registration plates to members of the Knights of Pythias or Pythian Sisters as follows:

(A) Upon appropriate application, the division may issue a special registration plate designed by the commissioner for any number of vehicles titled in the name of the qualified applicant. Persons desiring the special registration plate shall offer sufficient proof of membership in the Knights of Pythias or Pythian sisters.

(B) The division shall charge a special initial application fee of ten dollars in addition to all other fees required by law. This special fee is to compensate the division of motor vehicles for additional costs and services required in the issuing of the special registration and shall be collected by the division and deposited in a special revolving fund to be used for the administration of this section.

(C) An annual fee of fifteen dollars shall be charged for each plate in addition to all other fees required by this chapter.

(46) The commissioner may issue special registration plates for white water rafting enthusiasts as follows:

(A) Upon appropriate application, the division may issue a special registration plate designed by the commissioner for any number of vehicles titled in the name of the qualified applicant.

(B) The division shall charge a special initial application fee of ten dollars in addition to all other fees required by law. This special fee is to compensate the division of motor vehicles for additional costs and services required in the issuing of the special registration and shall be collected by the division and deposited in a special revolving fund to be used for the administration of this section.

(C) The division shall charge an annual fee of fifteen dollars for each special registration plate in addition to all other fees required by this chapter.
(d) The commissioner shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code regarding the proper forms to be used in making application for the special license plates authorized by this section. The commissioner may not begin the design or production of any license plates for which eligibility is based on membership or affiliation with a particular private organization until at least one hundred persons complete an application and deposit a check to cover the first year's basic registration, one-time design and manufacturing costs and to cover the first year additional annual fee. If the organization fails to submit the required number of applications with attached checks within six months of the effective date of the authorizing legislation, the plate will not be produced and will require legislative reauthorization: Provided, That the six month requirement in this subsection does not apply to subdivisions (1) through (26) inclusive, subsection (c) of this section.

(e)(1) Nothing in this section requires a charge for a free prisoner of war license plate or a free recipient of the Congressional Medal of Honor license plate for a vehicle titled in the name of the qualified applicant as authorized by other provisions of this code.

(2) A surviving spouse may continue to use his or her deceased spouse's prisoner of war or Congressional Medal of Honor license plate until the surviving spouse dies, remarries or does not renew the license plate.

(3) Qualified former prisoners of war and recipients of the Congressional Medal of Honor may obtain a second special registration plate for use on a passenger vehicle titled in the name of the qualified applicant. The division shall charge a one-time fee of ten dollars to be deposited into a special revolving fund to be used in the administration of this chapter, in addition to all other fees required by this chapter, for the second special plate.

(f) The division may issue special ten-year registration plates as follows:

(1) The commissioner may issue or renew for a period of no more than ten years any registration plate exempted from registration fees pursuant to any provision of this code or any restricted use antique motor vehicle license plate authorized by section three-a, article ten of this chapter: Provided, That the provisions of this subsection do not apply to any person who has had a special registration suspended for failure to maintain motor vehicle liability insurance as required by section three, article two-a, chapter seventeen-d of this code or failure to pay personal property taxes as required by section three-a of this article.

(2) An initial nonrefundable fee shall be charged for each special registration plate issued pursuant to this subsection, which is the total amount of fees required by section fifteen, article ten of this chapter, section three, article three of this chapter or section three-a, article ten of this chapter for the period requested.

(g) The provisions of this section may not be construed to exempt any registrant from maintaining motor vehicle liability insurance as required by section three, article two-a, chapter seventeen-d of this code or from paying personal property taxes on any motor vehicle as required by section three-a of this article.

(h) The commissioner may, in his or her discretion, issue a registration plate of reflectorized material suitable for permanent use on motor vehicles, trailers and semitrailers, together with appropriate devices to be attached to the registration to indicate the year for which the vehicles have been properly registered or the date of expiration of the registration. The design and expiration of the plates shall be determined by the commissioner.

(i) Any license plate issued or renewed pursuant to this chapter, which is paid for by a check that is returned for nonsufficient funds, is void without further notice to the applicant. The applicant may not reinstate the registration until the returned check is paid by the applicant in cash, money order or certified check and all applicable fees assessed as a result thereof have been paid."

The bill was then ordered to third reading.

Com. Sub. for S. B. 709, Providing additional internal controls and procedures for purchasing card program; other provisions; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Government Organization, was reported by the Clerk on page three, section ten-a, subsection (a), line twenty-three, following the word "committee", by striking out the word "of" and inserting in lieu thereof the word "on".
On page seven, section ten-a, subdivision (e)(1), line one hundred six, before the word "penalties", by inserting the word "civil".
On page seven, section ten-a, subdivision (e)(1), line one hundred eight, following the word "privileges", by striking out the comma and the words "and fines".
On page eight, section ten-a, subdivision (e)(1), beginning on line one hundred nineteen, by striking out the words "the director of the commission on special investigations or the director of the legislative post audit division".
On page nine, section ten-a, paragraph (D), subparagraph (viii), line one hundred fifty-two, following the word "leases", by striking out the word "and".
On page nine, section ten-a, paragraph (D), after subparagraph (ix) on line one hundred fifty- three, by inserting two new subparagraphs, designated (x) and (xi), to read as follows:
"(x) Tobacco products; and
(xi) Personal memberships in clubs and associations."
On page thirteen, section ten-a, subdivision (8), beginning on line two hundred twenty-eight, by striking out said subdivision (8) in its entirety and renumbering the remaining subdivisions accordingly.
On page nineteen, section ten-b, line eleven, by striking out the words "thereof, shall be confined in the penitentiary not less than one nor more than five years, or fined no more than five thousand dollars fined no more than two" and inserting in lieu thereof the following:
"of a first offense, fined no more than one hundred dollars; upon conviction of a second offense, fined no more than five hundred dollars or confined in jail no more than six months, or both fined and imprisoned; and upon conviction of a third or subsequent offense, fined no more than one".
On page twenty, section ten-b, line thirty-two, by striking out the words "has the right of set off and attachment of the person's pension benefits" and inserting in lieu thereof the words "may seek available legal remedies to effect restitution through a court of competent jurisdiction".
On page twenty-five, section ten-e, line six, by striking out the word "twelve" and inserting in lieu thereof the word "fifteen".
On page twenty-five, section ten-e, line twenty-three, subsection (4), following the word "office", by striking out the word "and".
On page twenty-five, section ten-e, line twenty-six, after subsection (5) by striking out the period and inserting in lieu thereof a semi-colon and the word "and", and inserting three new subsections, designated subsections (6), (7) and (8), to read as follows:
"(6) The president of the senate shall appoint one member from the senate;
(7) The speaker of the house of delegates shall appoint one member from the house of delegates; and
(8) The director of the legislative post audit division shall serve or shall designate one member from that office."
On motion of Delegate Beane, the Committee amendment was amended on page three, line five, by striking out subsections (6), (7) and (8) in their entirety, and inserting in lieu thereof new subsections (6), (7) and (8) to read as follows:
"(6) The president of the senate shall appoint one member from the senate, who shall be a nonvoting member;
(7) The speaker of the house of delegates shall appoint one member from the house of delegates, who shall be a nonvoting member; and
(8) The legislative auditor, who shall be a nonvoting member."
The question now before the House, being on the adoption of the Committee amendment, as amended, the same was put and prevailed.
On motion of Delegates Beane and Michael, the bill was amended on
page twenty-two, section ten-c, line fifty-one, by striking out the words "may transfer up to" and inserting in lieu thereof the words "shall transfer".
The bill was then ordered to third reading.