________*__________
Thursday, March 9, 2006
The House of Delegates met at 11:00 a.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Wednesday, March 8, 2006, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Conference Committee Report Availability
At 11:33 a.m., the Clerk announced the availability in his office of the report of the
Committee of Conference on Com. Sub. for H. B. 4021,Relating to a pilot program authorizing
participating health care clinics and private medical practitioners to provide primary and preventive
health services for a prepaid fee.
Committee Reports
Mr. Speaker, Mr. Kiss, from the Committee on Rules, submitted the following report, which
was received:
Your Committee on Rules has had under consideration:
H. C. R. 19, Designating the Mighty Wurlitzer Theater Pipe Organ, located in Huntington,
West Virginia, as the official theater pipe organ of West Virginia,
H. C. R. 69, Frank "Gunner" Gatski Memorial Bridge,
H. C. R. 92, Interim study on the conflict between the statutory standards and requirements
governing the practice of medicine and related health care occupations,
H. R. 31, Acknowledging the dedicated service of West Virginia's Family Physicians to the
Legislature on the 17th anniversary of the "Doc for a Day Program",
S. C. R. 76, Requesting Joint Committee on Government and Finance study titling and
branding of certain damaged vehicles,
And reports the same back with the recommendation that they each be adopted.
Chairman H. White, from the Committee on Banking and Insurance, submitted the following
report, which was received:
Your Committee on Banking and Insurance has had under consideration:
S. B. 467, Amending group life insurance requirements,
S. B. 223, Relating to examination of insurance and health care entities,
And,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that they each do pass, and with the recommendation that second reference of the bills to the
Committee on the Judiciary be dispensed with.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bills (S. B. 467 and S. B. 223) to the Committee on the Judiciary was abrogated, and they were each
taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, ordered to the Consent Calendar.
Chairman H. White, from the Committee on Banking and Insurance, submitted the following
report, which was received:
Your Committee on Banking and Insurance has had under consideration:
S. B. 468, Amending group accident and sickness insurance requirements,
And reports the same back, by unanimous vote of the Committee, with amendment, with the
recommendation that it do pass, as amended, and with the recommendation that second reference
of the bill to the Committee on the Judiciary be dispensed with.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (S. B. 468) to the Committee on Finance was abrogated, and it was taken up for immediate
consideration, read a first time, ordered to second reading and then, in accordance with the
provisions of House Rule 70a, ordered to the Consent Calendar.
Chairman H. White, from the Committee on Banking and Insurance, submitted the following
report, which was received:
Your Committee on Banking and Insurance has had under consideration:
S. B. 438, Regulating title insurance rates,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass, but that it first be referred to the Committee on the Judiciary.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 438)
was taken up for immediate consideration, read a first time, ordered to second reading and then, in
accordance with the former direction of the Speaker, referred to the Committee on the Judiciary.
Chairman H. White, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
S. B. 644, Authorizing motor vehicle insurance verification program,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on the Judiciary.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 644)
was taken up for immediate consideration, read a first time, ordered to second reading and then, in
accordance with the former direction of the Speaker, referred to the Committee on the Judiciary.
Chairman H. White, from the Committee on Banking and Insurance, submitted the following
report, which was received:
Your Committee on Banking and Insurance has had under consideration:
S. B. 754, Clarifying risk categories covered by farmers' mutual insurance companies,
And reports the same back, by unanimous vote of the Committee, with amendment, with the
recommendation that it do pass, as amended, and with the recommendation that second reference
of the bill to the Committee on Finance be dispensed with.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (S. B. 754) to the Committee on Finance was abrogated, and it was taken up for immediate
consideration, read a first time, ordered to second reading and then, in accordance with the
provisions of House Rule 70a, ordered to the Consent Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has given further consideration to:
Com. Sub. for S. B. 11, Adding circuit court judge to twenty-third judicial circuit,
And reports the same back, by unanimous vote of the Committee,
with amendment, with the recommendation that it do pass, as amended, and with the
recommendation that second reference of the bill to the Committee on Finance be dispensed with.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (Com. Sub. for S. B. 11) to the Committee on Finance was abrogated, and it was taken up for
immediate consideration, read a first time, ordered to second reading and then, in accordance with
the provisions of House Rule 70a, ordered to the Consent Calendar.
Chairman Michael, from the Committee on Finance, submitted the following report, which
was received:
Your Committee on Finance has had under consideration:
S. B. 490, Providing gasoline excise tax exemption for certain county aging programs,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 490)
was taken up for immediate consideration, read a first time, ordered to second reading and then, in
accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
Chairman Stalnaker, from the Committee on Pensions and Retirement, submitted the
following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
Com. Sub. for S. B. 604, Extending certain State Police disability pensions,
And reports the same back, by unanimous vote of the Committee, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on
Finance.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub.
for S. B. 604) was taken up for immediate consideration, read a first time, ordered to second reading
and then, in accordance with the former direction of the Speaker, referred to the Committee on
Finance.
Delegate Browning, from the Joint Committee on Enrolled Bills, submitted the following
report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 9th
day of March, 2006, presented to His Excellency, the Governor, for his action, the following bill,
signed by the President of the Senate and the Speaker of the House of Delegates:
(S. B. 370), Creating personal property tax exemption for certain property used exclusively
in agriculture.
Resolutions Introduced
Mr. Speaker, Mr. Kiss, and Delegates Doyle, Tabb, Wysong and Michael offered the
following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 98 - "Urging the West Virginia Congressional Delegation to support legislation
calling for federal approval of extension of the Lewis and Clark National Historic Trail."
Whereas, The Lewis and Clark Journey began in the mind of President Thomas Jefferson;
and
Whereas, The Lewis and Clark Expedition is about President Jefferson's dream, the
planning and preparation required for an early 19th-century military expedition, and then finally about the journey itself; and
Whereas, The journey was led by Meriwether Lewis and William Clark, who were assisted
by a variety of Americans, including the country's native peoples; and
Whereas, The Lewis and Clark Trail Heritage Foundation supports recognition of a
continuous trail across the country on the National Park Service's official trail map and the right to
post the official trail signs - Two Captains Pointing the Way - which are posted throughout the West;
and
Whereas, Lewis undertook his first act as commander of the "Corps of Discovery" by
requisitioning rifles manufactured at Harpers Ferry, West Virginia, from the federal armory in that
town; and
Whereas, The extension of the Lewis and Clark National Historic Trail from coast to coast
would complete the story and expose a broader base of Americans to the educational and cultural
aspects of the expedition; and
Whereas, The Lewis and Clark Trail Heritage Foundation partners with the National Park
Service, the Bureau of Land Management and the Forest Service in caring for the Lewis and Clark
National Historic Trail and also supports scholarships, educational efforts, and research on the
expedition; therefore, be it
Resolved by the Legislature of West Virginia:
That the West Virginia Legislature hereby urges the West Virginia Congressional Delegation
to support legislation calling for federal approval of extension of the Lewis and Clark National
Historic Trail to the East to include additional sites, including Harpers Ferry, West Virginia,
associated with the preparation or return phase of the expedition; and, be it
Further Resolved, That the Clerk of the House of Delegates, forward a certified copy of this
resolution to each member of the West Virginia Congressional Delegation.
Petitions
Delegate Michael presented a resolution, adopted by the Hardy County Board of Education,
in support of the West Virginia Education Association's proposals for repeal of the 80/20 PEIA
legislation and the six percent across the board pay raise for teachers; which was referred to the
Committee on Finance.
Delegate Evans presented a petition, signed by seventy-seven residents of his district,
requesting the Department of Highways resurface Highway Route 1; which was referred to the
Committee on Roads and Transportation.
Consent Calendar
The Clerk announced that, pursuant to House Rule 70a, the following request had been filed
with him for the removal of a bill from the Consent Calendar to the Special Calendar:
S. B. 632, on second reading, Consent Calendar, to the Special Calendar, by Delegate Trump.
Third Reading
The following bills on third reading, coming up in regular order, were each read a third time:
Com. Sub. for S. B. 47, Prohibiting local ordinances from discriminating against
factory-built housing,
S. B. 636, Relating to Court Security Fund's administrative costs,
Com. Sub. for S. B. 742, Revising Uniform Commercial Code,
And,
S. B. 790, Relating to workers' compensation decision appeals.
On the passage of the bills, the yeas and nays were taken (Roll No. 407), and there were--yeas
99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bills (Com. Sub. for S. B. 47, S. B. 636, Com. Sub. for S. B. 742 and S. B. 790) passed.
Delegate Staton moved that Com. Sub. for S. B. 47 take effect September 1, 2006.
On this question, the yeas and nays were taken (Roll No. 412), and there were--yeas 99, nays
none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell.
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. 47) takes effect September 1, 2006.
Delegate Staton moved that S. B. 636 take effect July 1, 2006.
On this question, the yeas and nays were taken (Roll No. 413), and there were--yeas 99, nays
none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 636) takes effect July 1, 2006.
Delegate Staton moved that S. B. 790 take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 414), and there were--yeas 99, nays
none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 790) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates on Consent Calendar bills and request concurrence therein on those bills requiring the
same.
Second Reading
Com. Sub. for S. B. 357, Authorizing Department of Revenue 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 three, following the enacting section, by striking out the
remainder of the bill and inserting in lieu thereof the following language:
"ARTICLE 7. AUTHORIZATION FOR DEPARTMENT OF TAX AND REVENUE TO
PROMULGATE LEGISLATIVE RULES.
§64-7-1. Insurance Commissioner.
(a) The legislative rule filed in the State Register on the twenty-ninth day of July, two
thousand five, authorized under the authority of section ten, article two, chapter thirty-three of this
code and section four-a, article eleven of said chapter, modified by the Insurance Commissioner to
meet the objections of the Legislative Rule-Making Review Committee and refiled in the State
Register on the twentieth day of January, two thousand six, relating to the Insurance Commissioner
(unfair trade practices, 114 CSR 14), is authorized, with the following amendment:".
On page two, subsection 2.3., by striking out the words "for which premiums were paid by
the claimant or on the claimant's behalf".
On page two, subsection 2.8., by striking out the words "for which premiums were not paid by the claimant or on the his or her behalf".
On page two, subsection 2.9., before the word "compensation", by inserting the word "the".
On page three, subsection 4.4., by striking out the words "in the policy or set" and, after the
words "statute or", by inserting the word "legislative".
On page five, subsection 6.1, by adding the following sentence: "This section is not intended
to conflict with the statutory requirements of the Medical Professional Liability Act, W. Va. Code
§§55-7B-1 to 11, as the same relate to the assertion and investigation of medical professional liability
claims."
On page five, subsection 6.3, after the word "limits" by inserting the words "and, with respect
to medical professional liability claims, subject to applicable statutory requirements set forth in the
Medical Professional Liability Act, W. Va. Code §§55-7B-1 to 11,".
On page five, subdivision 6.4.b., after the word "whether", by striking out the words "or not".
On page eight, by striking out subsection 6.17. in its entirety and by renumbering the
subsequent subsection.
On page eight, after subsection 6.18., by adding a new subsection, designated subsection
6.18, to read as follows:
"6.18. Motor vehicle repair shops. -- An insurer may furnish to the claimant the names of one
or more conveniently located motor vehicle repair shops that will perform the repairs; however no
insurer may require the claimant to use a particular repair shop or location to obtain the repairs."
And,
On page eleven, subdivision 7.3., by striking out the words "of the insurer's choice" and
inserting in lieu thereof the words "recommended by the insurer".
(b) The legislative rule filed in the State Register on the twenty-ninth day of July, two
thousand five, authorized under the authority of section ten, article two, chapter thirty-three of this
code, modified by the Insurance Commissioner to meet the objections of the Legislative Rule-
Making Review Committee and refiled in the State Register on the twentieth day of January, two
thousand six, relating to the Insurance Commissioner (licensing and conduct of individual insurance
producers, agencies and solicitors, 114 CSR 2), is authorized.
(c) The legislative rule filed in the State Register on the twenty-ninth day of July, two
thousand five, authorized under the authority of section ten, article two, chapter thirty-three of this
code and section three, article twenty-a of said chapter, relating to the Insurance Commissioner
(West Virginia Essential Property Insurance Association, 114 CSR 21), is authorized.
(d) The legislative rule filed in the State Register on the twenty-ninth day of July, two
thousand five, authorized under the authority of section ten, article two, chapter thirty-three of this
code, section three-d, article sixteen of said chapter and section five-b, article twenty-eight of said
chapter, relating to the Insurance Commissioner (Medicare supplement insurance, 114 CSR 24), is
authorized.
(e) The legislative rule filed in the State Register on the twenty-ninth day of July, two
thousand five, authorized under the authority of section ten, article two, chapter thirty-three of this
code and section four-a, article seventeen-a of said chapter, relating to the Insurance Commissioner
(nonrenewal of property insurance policies, 114 CSR 74), is authorized.
(f) The legislative rule filed in the State Register on the twenty-ninth day of July, two
thousand five, authorized under the authority of section four-a, article twenty, chapter thirty-three
of this code, relating to the Insurance Commissioner (private passenger automobile and property insurance - biannual rate filing requirements, 114 CSR 75), is authorized.
(g) The legislative rule filed in the State Register on the twenty-ninth day of July, two
thousand five, authorized under the authority of section five-a, article eleven, chapter thirty-three of
this code, modified by the Insurance Commissioner to meet the objections of the Legislative Rule-
Making Review Committee and refiled in the State Register on the twentieth day of January, two
thousand six, relating to the Insurance Commissioner (replacement of life insurance policies and
annuity contracts, 114 CSR 8), is authorized.
§64-7-2. Racing Commission.
The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand
five, authorized under the authority of section six, article twenty-three, chapter nineteen of this code,
modified by the Racing Commission to meet the objections of the Legislative Rule-Making Review
Committee and refiled in the State Register on the eighteenth day of January, two thousand six,
relating to the Racing Commission (greyhound racing, 178 CSR 2), is authorized, with an effective
date of the first day of July, two thousand seven and with the following amendment:
On page one, by striking out subsection 2.9 in its entirety, and re-designating the remaining
subsections accordingly;
On page four, by striking out subsection 2.69 in its entirety and inserting in lieu thereof the
following:
"2.69. 'Owner' means the person in whose name the greyhound is registered with the
National Greyhound Association determined at the time of breeding, whelping, and racing at a
meeting in accordance with this rule, and any part owner or lessee, and for purposes of determining
eligibility to receive purse money, purse supplements or awards described in section 51 of this rule, owner means any person with any legal or equitable interest whatsoever in the greyhound.
On page thirty-none, section 51.2, following the words 'the owner or lessee all', by striking
out the word 'registered'.
On page forty-two, subsection 51.6., by striking out the words 'were six (6) months of age.
Provided, that effective January 1, 2007, in order to participate in the West Virginia Greyhound
Breeding Development Fund, a greyhound born on or after that date must be from a litter that was
whelped in the State of West Virginia and remained domiciled in West Virginia at least until the
puppies".
On page forty-three, subdivision 51.7.7., by striking out the words "six consecutive months
of occupancy in West Virginia starting from the date of whelping. Provided that effective January
1, 2007, with regard to a greyhound born on or after that date, affirm that the greyhound was whelped
in West Virginia and that the greyhound was not removed from West Virginia to a place outside
West Virginia at any time prior to the completion of".
On page forty-three, subsection 51.7.8., by striking out the words "six (6) months of age, it
is the owner's or the lessee's responsibility to notify the Racing Commission within ten (10) days
of removal and that any West Virginia bred greyhound that is removed to a location outside of West
Virginia prior to the completion of six consecutive months of occupancy in West Virginia starting
from the date of whelping shall be disqualified by the Racing Commission from participation in the
West Virginia Greyhound Breeding Development Fund. Provided that effective January 1, 2007,
with regard to a greyhound born on or after that date, affirm that the owner or lessee further
understands that if any West Virginia bred greyhound is removed from West Virginia prior to";
On page forty-four, subdivision 51.7.11., after the words "State for", by striking out the word "at".
On page forty-eight, table 51.4., paragraph four, by striking out the word "Virgjnia" and
inserting in lieu thereof the word "Virginia".
On page forty-eight, table 51.4., paragraph five, by striking out the words "both bred and";
On page forty-eight, table 51.4., paragraph five, by striking out the words "six (6)" and
inserting in lieu thereof the words "twelve (12)";
On page forty-nine, table 51.5., paragraph five, by striking out the words "both bred and";
and,
On page forty-nine, table 51.5., paragraph five, by striking out the words "six (6)" and
inserting in lieu thereof the words "twelve (12)".
§64-7-3. Tax Commissioner.
(a) The legislative rule filed in the State Register on the twenty-ninth day of July, two
thousand five, authorized under the authority of section five, article twelve, chapter eleven of this
code, modified by the Tax Commissioner to meet the objections of the Legislative Rule-Making
Review Committee and refiled in the State Register on the twentieth day of December, two thousand
five, relating to the Tax Commissioner (business registration certificate - suspension for failure to
pay personal property taxes, 110 CSR 12D), is authorized, with the following amendment:
On page fourteen, section 11.2, line sixteen, following the words "delinquent taxpayer", by
striking out the words "not to exceed $10.00" and inserting in lieu there of the words "equal to the
fee in W. Va. Code §11A-3-2(c)2".
On page fourteen, section 11.3, line twenty-eight, by striking out the word "monthly" and
inserting in lieu thereof the word "weekly".
On page fourteen, section 11.3, line twenty-eight, following the words "each succeeding",
by striking out the word "month" and inserting in lieu thereof the words "week as provided by
subdivision 11.5.1 of this section".
And,
On page twenty, section 15.5, line thirty-nine, following the words "the sheriff", by striking
out the word "shall" and inserting in lieu thereof the word "may".
(b) The legislative rule filed in the State Register on the twenty-ninth day of July, two
thousand five, authorized under the authority of section eleven, article one-a, chapter eleven of this
code, relating to the Tax Commissioner (valuation of active and reserve coal property for ad valorem
property tax purposes, 110 CSR 1I), is authorized, with the following amendment:
On page twelve, section 4.2.3.2, line twenty-six, following the words "attention of the Tax",
by striking out the word "Commission" and inserting in lieu thereof the word "Commissioner".
On page twelve, section 4.2.3.2, line twenty-seven, following the words "updated at least",
by striking out the word "biannually" and inserting in lieu thereof the word "biennially".
On page thirteen, section 4.2.3.3, beginning on line twelve, following the words "attention
of the Tax", by striking out the word "Commission" and inserting in lieu thereof the word
"Commissioner".
On page thirteen, section 4.2.3.4, beginning on line thirty-five, following the words "attention
of the Tax", by striking out the word "Commission" and inserting in lieu thereof the word
"Commissioner".
On page fourteen, section 4.2.3.4, line one, following the words "updated at least", by
striking out the word "biannually" and inserting in lieu thereof the word "biennially".
On page fourteen, section 4.2.3.5, line seventeen, following the words "updated at least", by
striking out the word "biannually" and inserting in lieu thereof the word "biennially".
On page fourteen, section 4.2.3.6, line twenty-eight, following the words "updated at least",
by striking out the word "biannually" and inserting in lieu thereof the word "biennially".
On page fifteen, section 4.2.3.7, line two, following the words "attention of the Tax", by
striking out the word "Commission" and inserting in lieu thereof the word "Commissioner".
On page fifteen, section 4.2.3.8, line fifteen, following the words "updated at least", by
striking out the word "biannually" and inserting in lieu thereof the word "biennially".
On page seventeen, subparagraph 4.2.3.16., by striking out the words "that is above local
drainage".
On page seventeen, section 4.2.3.17.b, line twenty-eight, following the words "to be
determined", by striking out the word "biannually" and inserting in lieu thereof the word
"biennially".
On page eighteen, section 4.2.3.17.e, line fifteen, following the words "to be performed", by
striking out the word "biannually" and inserting in lieu thereof the word "biennially";
And,
On page eighteen, section 4.2.3.17.h, line twenty-seven, following the words "conduct
studies", by striking out the word "biannually" and inserting in lieu thereof the word "biennially".
The bill was then ordered to third reading.
Com. Sub. for S. B. 554, Clarifying use of Forensic Medical Examination Fund for certain
nurses' training; on second reading, coming up in regular order, was read a second time and ordered
to third reading.
Com. Sub. for S. B. 692, Conforming consumers sales and service tax law to requirements
of Streamlined Sales and Use Tax Agreement; on second reading, coming up in regular order, was
read a second time and ordered to third reading.
S. B. 722, Providing statute of limitations for certain sales by trustee; 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, following the enacting section, by striking out the
remainder of the bill and inserting in lieu thereof the following language:
"ARTICLE 1. VENDOR'S AND TRUST DEED LIENS.
§38-1-4a. Statute of limitations for sales by trustees.
Provided the grantor on the deed of trust or the agent or personal representative of the grantor
is provided notice as required by section four of this article, no action or proceeding to set aside a
trustee's sale due to the failure to follow any notice, service, process, or other procedural requirement
relating to a sale of property under a trust deed shall be filed or commenced more than one year from
the date of the sale."
The bill was then ordered to third reading.
S. B. 791, Clarifying offenses and penalties relating to ephedrine, pseudoephedrine and
phenylpropanolamine; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Health and Human Resources, was
reported by the Clerk and adopted, amending the bill on page six, section eight, after line forty-three,
by striking all of section eight and inserting in lieu thereof the following:
"§60A-10-8. Reporting requirements; confidentiality.
(a) Whenever there is a sale, retail, transfer or distribution of any drug product referred to in
subsection (e), section two hundred twelve, article two section seven of this chapter article or another
designated precursor, the pharmacist or pharmacy technician making the sale, transfer or distribution
shall report the following information for inclusion in the a central repository established pursuant
to article nine of this chapter established and maintained by the Board of Pharmacy:
(1) The date of the transaction;
(2) The name, address and driver's license or state-issued identification number of the
person; and
(3) The name, the quantity of packages and total gram weight of the product or products
purchased, received or otherwise acquired.
(b) The information required to be reported by this section shall be reported by paper log
maintained at the point of sale: Provided, That, beginning on the first day of January, two thousand
seven, reporting shall be by electronic transmission to the board of pharmacy no more frequently
than once a week.
(b) (c) The information required by this section shall be the property of the state and a
pharmacy shall have no duty to retain a copy of the information in any format once the information
has been reported to the Board of Pharmacy as required by this section."
The bill was then ordered to third reading.
Special Calendar
Unfinished Business
Action on Senate Messages
The House of Delegates next proceeded to take up consideration of a message received from the Senate on yesterday, as to
H. B. 2136, Requiring the clerk of the county commission to execute, record and post a
disclaimer relating to certain unlawful covenants.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page one, by amending the title of the bill to read as follows:
H. B. 2136 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §36-4-18, relating to certain unlawful covenants or restrictions;
requiring the clerk of the county commission to execute, record and post a disclaimer; and suggested
form of disclaimer."
On motion of Delegate Staton, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 415), and there were--yeas
98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell and Long.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 2136) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
The House of Delegates next proceeded to take up consideration of a message received from
the Senate on yesterday, as to
Com. Sub. for H. B. 2548
, The Diabetes Care Plan Act.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page five, section four, line two, by striking out the word "Legislature" and inserting in
lieu thereof the words "Legislative Oversight Commission on Health and Human Resources
Accountability".
On motion of Delegate Staton, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 416), and there were--yeas
99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: 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 H. B. 2548) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
The House of Delegates next proceeded to take up consideration of a message received from
the Senate on yesterday, as to
Com. Sub. for H. B. 2638, Increasing the amount of allowable equity investments in
municipal police and fire pension plans.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page two, by striking out everything after the enacting section and inserting in lieu thereof
the following:
"ARTICLE 22. RETIREMENT BENEFITS GENERALLY; POLICEMEN'S PENSION AND
RELIEF FUND; FIREMEN'S PENSION AND RELIEF FUND; PENSION PLANS FOR EMPLOYEES OF WATERWORKS SYSTEM, SEWERAGE SYSTEM OR
COMBINED WATERWORKS AND SEWERAGE SYSTEM.
§8-22-22a. Restrictions on investments.
Moneys invested as permitted by section twenty-two of this article are subject to the
following restrictions and condition conditions contained in this section:
(a) Fixed income securities shall at no time exceed ten percent of the total assets of the
pension fund, which are issued by one issuer, other than the United States Government or agencies
thereof, whereas this limit shall not apply;
(b) At no time shall the equity portion of the portfolio exceed fifty sixty percent of the total
portfolio. Furthermore, the debit or equity securities of any one company or association shall not
exceed five percent with a maximum of fifteen percent in any one industry;
(c) Notwithstanding any other provisions of this article, any investments in equities under
subsections (g) and (h), section twenty-two of this article shall be subject to the following additional
guidelines:
(1) Equity mutual funds shall be no sales load (front or back) and no contingent deferred sales
charges shall be allowed. The total annual operating expense ratio shall not exceed one and three-
quarter percent for any mutual fund;
(2) The stated investment policy requires one hundred percent of the equities of the portfolio
be that of securities which are listed on the New York Stock Exchange, the American Stock
Exchange or the NASDAQ National Market;
(3) Equity mutual funds may be only of the following fund description stated purpose:
Growth funds, growth and income funds, equity income funds, index funds; utilities, funds, balanced
funds and flexible portfolio funds; and
(4) The equity value of investments shall not exceed twenty-five percent of the total portfolio for the first twelve months from enactment of these articles; thereafter no more than five percent of
the total portfolio be invested in equity securities per calendar quarter up to the maximum of fifty
sixty percent;
(d) The board of trustees of each fund shall obtain an independent performance evaluation
of the funds at least annually and such the evaluation shall consist of comparisons with other funds
having similar investment objectives for performance results with appropriate market indices; and
(e) Each entity conducting business for each pension fund, shall fully disclose all fees and
costs of transactions conducted on a quarterly basis. Entities conducting business in mutual funds
for and on behalf of each pension fund, shall timely file revised prospectus and normal quarterly and
annual Securities Exchange Commission reporting documents with the board of trustees of each
pension fund."
On motion of Delegate Staton, the House of Delegates concurred in the Senate amendment
with amendment, as follows:
On page three of the Senate amendment, section twenty-two-a, line twenty-seven, following
the words "NASDAQ National Market" and the semicolon, by inserting the word "and".
And,
On page three of the Senate amendment, section twenty-two-a, beginning on line thirty-one,
following the words "flexible portfolio funds", by striking out the semicolon and the remainder of
the subsection followed by a period.
The bill, as amended by the Senate, and further amended by the House, was then put upon
its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 417), and there were--yeas
99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: 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 of H. B. 2638) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates, and request concurrence therein.
The House of Delegates next proceeded to take up consideration of a message received from
the Senate on yesterday, as to
Com. Sub. for H. B. 2947, Requiring payments for delinquent real estate taxes submitted
fourteen days prior to the date of the sheriff's sale, be made by cashiers check, money order, certified
check or United States currency.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page three, section two, line twenty-five, after the word "received" by inserting the word
"within".
On page six, section four, line twenty-five, after the word "received" by inserting the word
"within".
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 2947 - "A Bill to amend and reenact §11A-3-2 and §11A-3-4 of the
Code of West Virginia, 1931, as amended, relating to requiring payments for delinquent real estate
taxes submitted within fourteen days prior to the date of the sheriff's sale be made by cashier's check,
money order, certified check or United States currency."
On motion of Delegate Staton, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 418), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: 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 H. B. 2947) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
The House of Delegates next proceeded to take up consideration of a message received from
the Senate on yesterday, as to
Com. Sub. for H. B. 4240, Changing the name of the Community and Technical College of
Shepherd to Blue Ridge Community and Technical College.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof
the following:
"That the Code of West Virginia, 1931, as amended, be amended by adding thereto two new
sections, designated §18B-3C-13 and §18B-3C-14, all to read as follows:
ARTICLE 3C. COMMUNITY AND TECHNICAL COLLEGE SYSTEM.
§18B-3C-13. Blue Ridge Community and Technical College.
Effective the first day of July, two thousand six, the Community and Technical College of
Shepherd is named 'Blue Ridge Community and Technical College'. Any reference in this code to
the Community and Technical College of Shepherd means Blue Ridge Community and Technical
College.
§18B-3C-14. Operations of certain administratively linked community and technical colleges.
(a) The provisions of this section apply to the following governing boards created pursuant to section one, article two-a of this chapter:
(1) Fairmont State University Board of Governors, which is responsible for Fairmont State
University and Fairmont State Community and Technical College;
(2) The Marshall University Board of Governors, which is responsible for Marshall
University and Marshall Community and Technical College;
(3) The West Virginia State University Board of Governors, which is responsible for West
Virginia State University and West Virginia State Community and Technical College; and
(4) The West Virginia University Board of Governors, which is responsible for West
Virginia University Institute of Technology and the Community and Technical College at West
Virginia Institute of Technology.
(b) Legislative findings. --
The Legislature makes the following findings related to operation of the administratively
linked community and technical colleges and the relationship between them and their respective
governing boards:
(A) The Legislature has adopted a series of legislation, beginning with Enrolled Senate Bill
No. 653, passed during the two thousand regular session, and continuing through Enrolled Senate
Bill No. 448, passed during the two thousand four regular session, whose purpose is to strengthen
the state's community and technical colleges.
(B) The primary goal of the Legislature in adopting such legislation is to create a thriving
system of community and technical colleges that focuses on technical education, workforce training
and lifelong learning for the new economy, consistent with a series of legislatively commissioned
reports and the findings contained in section one, article two-b of this chapter.
(C) A necessary precedent to accomplishment of this goal is to change the way that leaders
at all levels of education, including institutional governing boards, view community and technical colleges. Specifically, education leaders need to understand:
(i) That community and technical colleges are different from traditional four-year colleges
in what they seek to accomplish and how they can accomplish it effectively, just as the medical
schools, for example, are different from engineering schools;
(ii) That community and technical colleges may not be viewed as add-ons or afterthoughts
if the state is to compete successfully in a new economy; and
(iii) That community and technical college programs may not be run primarily for the
financial benefit of four-year programs.
(D) At the same time, the Legislature recognizes that community and technical colleges may
achieve administrative efficiencies if they are linked to the larger four-year institutions and remain
under the authority of a single governing board, especially when two- and four-year programs are
directed from a single location.
(c) Legislative intent. --
(1) State and federal officials have found it difficult to ascertain the Legislature's intent as
it relates to a number of operational issues, including accounting, financial aid administration,
technology, historically black colleges and universities status and reporting, thus jeopardizing some
of the administrative efficiencies that the Legislature has sought to maintain.
(2) Therefore, concerning roles of the institutional governing boards listed in subsection (a)
of this section and the operation of the community and technical colleges under their jurisdiction
it is the intent of the Legislature that:
(A) The requirement for independent, specialized accreditation of community and technical
colleges, contained in sections three and eight of this article, ensure that institutional governing
boards do not operate community and technical colleges as add-ons or afterthoughts and that a
mechanism for external evaluation is in place to ensure the integrity of this process, much as an external organization such as ABET, Inc., reviews and accredits applied science, computing,
engineering and technology programs.
(B) The provision contained in section twelve of this article requiring that each
administratively linked institution enter into a fee-for-service agreement approved by the
appropriate governing board and by the council ensure that community and technical college
programs are not run for the financial benefit of four-year programs and that external evaluation of
the real cost of community and technical college education is possible.
(C) The West Virginia State University Board of Governors ensures that two- and four-year
students understand the long and honorable history West Virginia State University and West
Virginia State Community and Technical College have enjoyed as a federally designated historically
black institution and work to regain this important federal designation for the community and
technical college.
(d) Notwithstanding any other provision of this code to the contrary and effective no later
than the first day of July, two thousand six, each governing board identified in subsection (a) of this
section:
(1) May be recognized as a single organization within the financial systems of the State of
West Virginia and the entities under its jurisdiction designated as subordinate organizations, if
practicable, to facilitate ease of financial processing at the institution level while ensuring that
community and technical college data is readily segregable at the state level.
(A) Independent financial auditors shall produce a single audited financial statement for
each governing board identified in subsection (a) of this section, but that financial statement shall
include a breakdown of assets and liabilities and revenues and expenditures for the community and
technical college.
(B) Independent financial auditors shall compile and present a consolidated audited financial statement to the council, separate and apart from higher education's consolidated financial audit,
containing information concerning all community and technical colleges, whether independent or
administratively linked institutions.
(2) Shall operate a single student financial aid office for all two- and four-year students
under its jurisdiction unless the board expressly determines that another arrangement is clearly more
efficient and effective. The commission shall ensure that state-level financial aid programs are
administered to facilitate efficiencies at all administratively linked institutions.
(3) Shall use a single set of technology solutions to minimize the complexity of
administrative operations for two- and four-year students unless the board expressly determines that
another arrangement is clearly more efficient and effective.
(e) In preparing statutorily mandated reports, commission and council staff generally shall
segregate community and technical college data so that the Legislature and governing boards can
evaluate implementation of the provisions related to community and technical colleges in this
chapter. Segregation of community and technical college data from other data may not be construed
in a manner that is inconsistent with the general provisions of this section."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 4240 - A" Bill to amend the Code of West Virginia, 1931, as
amended, by adding thereto two new sections, designated §18B-3C-13 and §18B-3C-14, all relating
to higher education; changing the name of the Community and Technical College of Shepherd to
Blue Ridge Community and Technical College; making findings; clarifying legislative intent related
to certain institutional boards of governors; permitting institutions under a single governing board
to be recognized as a single organization within West Virginia's financial systems; and clarifying
certain operations of certain community and technical colleges."
On motion of Delegate Staton, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 419), and there were--yeas
99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: 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 H. B. 4240) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 420), and there were--yeas 99, nays
none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell.
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 H. B. 4240) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
The House of Delegates next proceeded to take up consideration of a message received from
the Senate on yesterday, as to
H. B. 4392, Continuing of the West Virginia Conservation Agency.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, section four-a, by striking out the section caption and inserting in lieu thereof
a new section caption, to read as follows:
"§19-21A-4a. Continuation of the State Conservation Committee."
On pages one and two, section four-a, lines two and three, by striking out the words "West Virginia Conservation Agency" and inserting in lieu thereof the words "State Conservation
Committee".
And,
By amending the title of the bill to read as follows:
H. B. 4392 - "A Bill to amend and reenact §19-21A-4a of the Code of West Virginia, 1931,
as amended, relating to continuing the State Conservation Committee."
On motion of Delegate Staton, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 421), and there were--yeas
99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 4392) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
The House of Delegates next proceeded to take up consideration of a message received from
the Senate on yesterday, as to
Com. Sub. for H. B. 4444, Permitting land grant university researchers performing research
to plant ginseng seed and to dig, collect or gather ginseng on state public lands; on unfinished
business, coming up in regular order, was, on motion of Delegate Staton, laid over one day.
The House of Delegates next proceeded to take up consideration of a message received from
the Senate on yesterday, as to
H. B. 4683, Establishing the right to trial by jury when a juvenile is accused of acts of
juvenile delinquency which constitute a crime punishable by incarceration if committed by an adult.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page two, by striking out everything after the enacting section and inserting in lieu
thereof the following:
"ARTICLE 5. JUVENILE PROCEEDINGS.
§49-5-6. Jury trial under article.
(a) In a proceeding under this article, the juvenile, the juvenile's counsel or the juvenile's
parent or guardian or any one of them may demand, or the judge of on his or her own motion may
order a jury of twelve persons to try any question of fact trial on any question of fact, in which the
juvenile is accused of any act or acts of delinquency which, if committed by an adult would expose
the adult to incarceration.
(b) A juvenile who is charged with a status offense or other offense where incarceration is
not a possibility due either to the statutory penalty or where the court rules pre-trial that a sentence
of incarceration will not be imposed upon adjudication is not entitled to a trial by jury.
(c) The provisions of this section are inapplicable to proceedings held pursuant to the
provisions of section thirteen-d of this article.
(d) Juries shall consist of twelve members."
And,
By amending the title of the bill to read as follows:
H. B. 4683 - "A Bill to amend and reenact §49-5-6 of the Code of West Virginia, 1931, as
amended, relating to jury trials in juvenile proceedings; establishing the right to trial by a twelve
person jury when a juvenile is accused of acts of juvenile delinquency which constitute a crime if
committed by an adult which would subject an adult to incarceration; and eliminating the right to
demand trial by jury for status offenses allegedly committed by a juvenile or where the court has ruled pre-trial that incarceration is not a possibility."
On motion of Delegate Staton, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 422), and there were--yeas
99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 4683) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
The following resolutions, coming up in regular order, as unfinished business, were reported
by the Clerk and adopted:
H. C. R. 73, Requesting the Joint Committee on Government and Finance to study the state
of employee misclassification in private sector industries of West Virginia,
H. C. R. 74, Designating May 19-21,2006, as "Order of the Arrow Weekend" in the State
of West Virginia,
H. C. R. 77, Naming West Virginia Route 2, from Chester, in Hancock County, to
Huntington, in Cabell County, the "Purple Heart Memorial Trail",
H. C. R. 78, Requesting the West Virginia Board of Education to establish a pilot program
of structured in-school alternatives to enforce the Student Code of Conduct,
H. C. R. 84, Requesting the Joint Committee on Government and Finance to study the
process of granting and denying well work permits for the drilling of gas wells near active coal
mines,
H. C. R. 85, Interim study relating to preserving the public safety regarding dangerous animal attacks,
And,
H. C. R. 91, Requesting the Joint Committee on Government and Finance to study proper
and fitting activities to honor Abraham Lincoln.
Ordered, That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
Third Reading
Com. Sub. for S. B. 53, Changing ratio of school nurses to enrollment; on third reading,
coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 423),
and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being
as follows:
Absent And Not Voting: 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. 53) passed.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for S. B. 53) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was
reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for S. B. 53 - "A Bill to amend and reenact §18-5-22 of the Code of West
Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated
§18-9A-10a, all relating to improving the capacity of county boards of education to provide school
health services; authorizing contracting with health care agencies generally; providing for
distribution to counties of appropriations to support service needs that exceed the established capacity; and changing the authorization for rule promulgation on the training and standards for
specialized health procedures performed by school personnel from the Public Health Commissioner
to the West Virginia Board of Education and increasing the number of nurses to meet the one to
fifteen hundred ratio established in code."
Delegate Staton moved that the bill take effect July 1, 2006.
On this question, the yeas and nays were taken (Roll No. 424), and there were--yeas 99, nays
none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell.
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. 53) takes effect July 1, 2006.
Ordered, That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
S. B. 211, Continuing Board of Professional Surveyors; on third reading, coming up in
regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 425),
and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being
as follows:
Absent And Not Voting: Ferrell.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (S. B. 211) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
S. B. 212, Continuing Board of Dental Examiners; on third reading, coming up in regular
order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 426),
and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being
as follows:
Absent And Not Voting: Ferrell.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (S. B. 212) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
Com. Sub. for S. B. 219, Changing expiration date of graduated driver's licenses prohibiting
cell phone use by certain minors; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 427),
and there were--yeas 97, nays 2, absent and not voting 1, with the nays and absent and not voting
being as follows:
Nays: Hamilton and Walters.
Absent And Not Voting: Ferrell.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for S. B. 219) passed.
An amendment to the title of the bill, recommended by the Committee on the Judiciary, was
reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub for S. B. 219 - "A Bill to amend and reenact §17B-1-1 of the Code of West
Virginia, 1931, as amended; and to amend and reenact §17B-2-3a of said code, all relating to
requirements pertaining to permits and licenses needed to obtain a graduated driver's license;
changing the expiration for level one permits and level two licenses; prohibiting the use of a
handheld wireless communication device while driving by a minor holding a level one instruction permit or a level two license; and providing penalties for such violations."
Ordered, That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
Com. Sub. for S. B. 350, Authorizing Department of Health and Human Resources
promulgate legislative rules
;
on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 428),
and there were--yeas 80, nays 18, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Armstead, Ashley, Blair, Border, Carmichael, Hall, Hamilton, Howard, Lane,
Louisos, Overington, Porter, Rowan, Schoen, Sobonya, Stevens, Sumner and Walters.
Absent And Not Voting: Ferrell and Leggett.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for S. B. 350) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 429), and there were--yeas 89, nays
10, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Armstead, Border, Carmichael, Hamilton, Lane, Louisos, Overington, Schoen,
Sumner and Walters.
Absent And Not Voting: Ferrell.
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. 350) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
S. B. 419, Providing Public Service Commission jurisdiction for certain alternative sewer service methods; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 430),
and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being
as follows:
Absent And Not Voting: Ferrell.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (S. B. 419) passed.
An amendment to the title of the bill, recommended by the Committee on Government
Organization, was reported by the Clerk and adopted, amending the title to read as follows:
The Committee on Government Organization moved to amend the title of the bill to read
as follows:
S. B. 419 - "A Bill to amend and reenact §16-13A-25 of the Code of West Virginia, 1931,
as amended; and to amend and reenact §24-2-1 and §24-2-11 of said code, relating to the authority
of the Public Service Commission; providing that an innovative, alternative sewer service method
provided by a public utility is subject to the jurisdiction of the Public Service Commission;
modifying the review by the Public Service Commission of public convenience and necessity
applications where the project has been approved by Infrastructure and Jobs Development Council;
and providing that infrastructure and jobs development council approved projects receiving a
certificate of public convenience may not be compelled to reopen."
Ordered, That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
Com. Sub. for S. B. 439, Strengthening one-call system requirements for excavators'
damage; on third reading, coming up in regular order, was read a third time.
Delegate Armstead requested to be excused from voting on the passage of the bill under the provisions of House Rule 49.
The Speaker refused to excuse the Gentleman, stating that he was a member of a class of
persons possibly to be affected by the passage of the bill.
This ruling will stand as the judgment of the Chair and of the House, pursuant to the
inherent right to make, interpret and enforce our rules of procedure as established by our sovereign,
non-reviewable Constitutional authority, and shall be binding in all other potential venues.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 431),
and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being
as follows:
Absent And Not Voting: Ferrell.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for S. B. 439) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
S. B. 443, Continuing hazardous waste management fee
;
on third reading, coming up in
regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 432),
and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being
as follows:
Absent And Not Voting: Ferrell.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (S. B. 443) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 433), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 433) 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.
S. B. 483, Providing confidentiality of circuit court records involving guardianship of
minors; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 434),
and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being
as follows:
Absent And Not Voting: Ferrell.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (S. B. 483) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 435), and there were--yeas 99, nays
none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 483) 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.
S. B. 484, Utilizing community corrections programs in pretrial supervision
;
on third
reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 436),
and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being
as follows:
Absent And Not Voting: Ferrell.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (H. B. 484) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 437), and there were--yeas 99, nays
none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 484) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
S. B. 497, Repealing requirement nonresidents post security for court costs
;
on third reading,
coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 438),
and there were--yeas 97, nays 2, absent and not voting 1, with the nays and absent and not voting
being as follows:
Nays: Hall and Schoen.
Absent And Not Voting: Ferrell.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (S. B. 497) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 439), and there were--yeas 97, nays
2, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Hall and Schoen.
Absent And Not Voting: Ferrell.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 497) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
S. B. 538, Relating to state employees' deferred compensation plan
;
on third reading, coming
up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 440),
and there were--yeas 97, nays 2, absent and not voting 1, with the nays and absent and not voting
being as follows:
Nays: Carmichael and Walters.
Absent And Not Voting: Ferrell.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (S. B. 538) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was
reported by the Clerk and adopted, amending the title to read as follows:
S. B. 538 - "A Bill to amend and reenact §5-10B-1, §5-10B-2, §5-10B-3, §5-10B-4, §5-10B-
5, §5-10B-9 and §5-10B-10 of the Code of West Virginia, 1931, as amended; and to amend said
code by adding thereto three new sections, designated §5-10B-11, §5-10B-12 and §5-10B-13, all
relating to government employees deferred compensation plans; transferring responsibility for the
state employee deferred compensation plan to the State Treasurer on the first day of July, two thousand six; authorizing political subdivisions without plans to request the Treasurer include its
employees in the state plan; allowing political subdivision employees to participate in the state plan;
allowing political subdivision employees to participate in the state plan when their employer does
not offer a plan; clarifying various powers and requirements; authorizing employees to attend
meetings called by the state or public employer during regular working hours to explain the plan;
authorizing the state and public employers to charge fees for plan administration; clarifying liability;
establishing trust fund and administrative account in the State Treasury; providing that information
that would tend to disclose the identity of a participating employee is exempt from disclosure under
the Freedom of Information Act; and protecting the moneys from certain legal processes."
Ordered, That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
S. B. 556, Relating to state parks and recreation system operational contracts
;
on third
reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 441),
and there were--yeas 80, nays 19, absent and not voting 1, with the nays and absent and not voting
being as follows:
Nays: Anderson, Armstead, Blair, Border, Canterbury, Carmichael, Duke, Frich, Lane,
Leggett, Overington, Porter, Roberts, Schoen, Sobonya, Stevens, Sumner, Talbott and Walters.
Absent And Not Voting: Ferrell.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (S. B. 556) passed.
An amendment to the title of the bill, recommended by the Committee on Government
Organization, was reported by the Clerk and adopted, amending the title to read as follows:
S. B. 556 - "A Bill to amend and reenact §20-5-15 of the Code of West Virginia, 1931, as
amended, relating to operational contracts within the state parks and public recreational system;
removing the requirement of prior legislative approval and authorization; and requiring legislative
notice and public hearings for certain contracts."
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 442), and there were--yeas 86, nays
13, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Armstead, Carmichael, Duke, Frich, Lane, Leggett, Overington, Porter, Roberts,
Sobonya, Stevens, Sumner and Walters.
Absent And Not Voting: Ferrell.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 442) 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.
S. B. 581, Amending definition of "person" relating to motor fuel excise tax
;
on third
reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 443),
and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being
as follows:
Absent And Not Voting: Ferrell.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (S. B. 581) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
S. B. 609, Relating to time period for filing senior citizens' property tax credit claim
;
on
third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 444),
and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being
as follows:
Absent And Not Voting: Ferrell.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (S. B. 609) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
S. B. 626, Requiring annual personal income tax withholding reconciliations
;
on third
reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 445),
and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being
as follows:
Absent And Not Voting: Ferrell.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (S. B. 626) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
S. B. 693, Removing certain Court of Claims' review procedures
;
on third reading, coming
up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 446),
and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (S. B. 693) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was
reported by the Clerk and adopted, amending the title to read as follows:
S. B. 693 - "A Bill to amend and reenact §14-2-18, §14-2-19 and §14-2-20 of the code of
West Virginia, 1931, as amended, all relating to the Court of Claims; and requiring direction of the
Joint Committee on Government and Finance in certain circumstances."
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 447), and there were--yeas 99, nays
none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 693) 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.
S. B. 760, Allowing former WVU School of Mines' Director serve on Mine Inspectors'
Examining Board
;
on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 448),
and there were--yeas 98, nays 1, absent and not voting 1, with the nays and absent and not voting
being as follows:
Nays: Lane.
Absent And Not Voting: Ferrell.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (S. B. 760) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
S. B. 787, Creating Transportation Coordinating Council
;
on third reading, coming up in
regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 449),
and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being
as follows:
Absent And Not Voting: Ferrell.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (S. B. 787) passed.
An amendment to the title of the bill, recommended by the Committee on Government
Organization, was reported by the Clerk and adopted, amending the title to read as follows:
The Committee on Government Organization moved to amend the title of the bill to read
as follows:
S. B. 787 - "A Bill to repeal §17-16C-4 of the Code of West Virginia, 1931, as amended;
and to amend said code by adding thereto a new article, designated §17-16D-1, §17-16D-2,
§17-16D-3 and §17-16D-4, all relating to the coordination of transportation needs of the
transportation disadvantaged; creating a Transportation Coordinating Council within the
Department of Transportation; establishing its membership, responsibilities and reporting
requirements; and continuation of the Transportation Coordinating Council."
Ordered, That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
S. B. 788, Relating to elections
;
on third reading, coming up in regular order, was read a
third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 450),
and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being
as follows:
Absent And Not Voting: Ferrell.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (S. B. 788) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 451), and there were--yeas 99, nays
none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 788) 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.
S. B. 793, Making supplementary appropriation from State Fund, General Revenue, to
various accounts
;
on third reading, coming up in regular order, was read a third time.
On the passage of the bill, the yeas and nays were taken (Roll No. 452), and there
were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 793) passed.
On motion of Delegate Michael, the title of the bill was amended to read as follows:
On motion of Delegate Michael, the title of the bill was amended to read as follows:
S. B. 793 - "A Bill making a supplementary appropriation of public moneys out of the
Treasury from the balance of moneys remaining as an unappropriated balance in the state fund,
general revenue, to the department of administration - consolidated public retirement board, fund
0195, fiscal year 2006, organization 0205, to the department of military affairs and public safety -
office of the secretary, fund 0430, fiscal year 2006, organization 0601, and to the department of
revenue - tax division, fund 0470, fiscal year 2006, organization 0702, by supplementing and
amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand six."
Delegate Staton moved that the bill take effect from its passage .
On this question, the yeas and nays were taken (Roll No. 453), and there were--yeas 99, nays
none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 793) 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.
S. B. 794, Expiring funds to unappropriated surplus balance State Fund, General Revenue,
to various accounts and making supplementary appropriation to various accounts
;
on third reading,
coming up in regular order, was read a third time.
On the passage of the bill, the yeas and nays were taken (Roll No. 454), and there
were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 794) passed.
On motion of Delegate Michael, the title of the bill was amended to read as follows:
S. B. 794 - "A Bill expiring funds to the unappropriated surplus balance in the state fund,
general revenue, for the fiscal year ending the thirtieth day of June, two thousand six, in the amount
of five million four hundred thousand dollars from the joint expenses, fund 0175, fiscal year 2005,
organization 2300, activity 642, in the amount of one million dollars from the state department of
education, fund 0313, fiscal year 2006, organization 0402, activity 097, in the amount of twenty-
four million six hundred thousand dollars from the tax reduction and federal funding increased
compliance fund, fund 1732, fiscal year 2006, organization 2300, in the amount of six million six
hundred twenty-nine thousand dollars from the board of risk and insurance management - premium
tax savings fund, fund 2367, fiscal year 2006, organization 0218, and in the amount of one million
two hundred fifty thousand dollars from the public service commission, fund 8623, fiscal year 2006,
organization 0926, and making a supplementary appropriation of public moneys out of the Treasury
from the balance of moneys remaining as an unappropriated surplus balance in the state fund,
general revenue, to the department of agriculture, fund 0131, fiscal year 2006, organization 1400,
to the West Virginia conservation agency, fund 0132, fiscal year 2006, organization 1400, to the
consolidated public retirement board, fund 0195, fiscal year 2006, organization 0205, to the state
department of education, fund 0313, fiscal year 2006, organization 0402, to the state board of
rehabilitation services-division of rehabilitation services fund 0310, fiscal year 2006, organization
0932, to the division of human services fund 0403, fiscal year 2006, organization 0511, to division
of corrections-correctional units fund 0450, fiscal year 2006, organization 0608, and to the
aeronautics commission fund 0582, fiscal year 2006, organization 0807, by supplementing and
amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand six."
Delegate Staton moved that the bill take effect from its passage .
On this question, the yeas and nays were taken (Roll No. 455), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 794) 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. 4862, Supplementary appropriation, department of military affairs and public safety
- office of emergency services
;
on third reading, coming up in regular order, was read a third time.
On the passage of the bill, the yeas and nays were taken (Roll No. 456), and there
were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 4862) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 457), and there were--yeas 99, nays
none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 4862) 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.
Second Reading
Com. Sub. for S. B. 183, Creating certain special license plates; on second reading, coming
up in regular order, was, at the request of Delegate Staton, and by unanimous consent, placed at the foot of bills on second reading.
S. B. 251, Creating Beckley-Raleigh County Building Code Authority; on second reading,
coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 353, Authorizing Department of Transportation promulgate legislative
rules; on second reading, coming up in regular order, was read a second time, advanced to third
reading with the Committee amendment pending, and the rule was suspended to permit the offering
and consideration of an amendment on that reading by Delegates Staton, Caputo and Mahan.
Com. Sub. for S. B. 511, Relating to municipal policemen's and firemen's pension funds;
on second reading, coming up in regular order, was read a second time, advanced to third reading
with the Committee amendment pending and the rule was suspended to permit the offering and
consideration of an amendment on that reading by Delegate Stalnaker.
Com. Sub. for S. B. 755, Relating to Physicians' Mutual Insurance Company; on second
reading, coming up in regular order, was read a second time, advanced to third reading with the
Committee amendment pending and the rule was suspended to permit the offering and consideration
of an amendment on that reading by Delegate Amores.
S. B. 773, Relating to certificate of need standards; 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
three, section one, line fifteen, following the word "article"
and the comma, by striking out the words "in rules adopted pursuant to section eight of this article,
in the certificate of need standards approved pursuant to section five of this article or" and inserting
in lieu thereof the words "including certificate of need standards and criteria developed".
On page three, section one, line nineteen, after the word "article" and the comma, by striking
out the words "needed in" and inserting in lieu thereof the words "pertaining to".
On page three, section one, line twenty, after the word "state", by inserting a comma,
On page three, section one, beginning on line twenty-five, by striking out subdivision (3)
in its entirety.
On page twenty-two, section six, line one hundred forty-eight, immediately before the word
"rules" by inserting the word "in".
On page twenty-three, section six, line one hundred forty-nine, immediately after the word
"or" by inserting the word "in".
And,
On page twenty-six, section nine, line nineteen, immediately before the word "rules" by
inserting the word "in".
The bill was then ordered to third reading.
Com. Sub. for H. B. 4013, Budget Bill, making appropriations of public money out of the
Treasury in accordance with Section 51, Article VI of the Constitution; on second reading, coming
up in regular order, was read a second time and ordered to engrossment and third reading.
S. B. 632, Relating to disclosure of electioneering communications; 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 eighteen, section eight, line thirteen, after the word "corporation" and the period, by
inserting a new sentence to read as follows: "No officer, agent or person acting on behalf of any
corporation, whether incorporated under the laws of this or any other state or of a foreign country,
may communicate with its stockholders and executive or administrative personnel and their families
on any subject by newspapers of general circulation, radio, television or billboard advertising likely
to reach the general public."
On motion of Delegate Amores, the amendment was amended on page one, line one, after the word "page", by striking out the remainder of the amendment and inserting in lieu thereof, the
following:
"nine, line one hundred sixty-seven by unstriking the words "a person" and deleting the
underlined words "an individual"; and
On page eighteen, line sixteen, paragraph (A), by striking the paragraph in its entirety and
inserting in lieu thereof the following:
(A) Directly communicating with its stockholders and executive or administrative personnel
and their families on any subject: Provided, That the communication is not by newspapers of
general circulation, radio, television or billboard advertising likely to reach the general public."
The question before the House now being the adoption of the Committee amendment, as
amended, the same was put by the Speaker and adopted.
There being no further amendments, the bill was then ordered to third reading.
Miscellaneous Business
Delegates Eldridge and Palumbo announced that they were absent on yesterday when the
vote was taken on Roll No. 406, and had they been present, they would have voted "Yea" thereon.
At 12:32 p.m., on motion of Delegate Staton, the House of Delegates recessed until 6:30
p.m., and reconvened at that time.
Second Reading
Com. Sub. for S. B. 183, Creating certain special license plates; on second reading, coming
up in regular order, was read a second time.
An amendment, heretofore recommended for adoption by the Committee on Roads and
Transportation, and title amendment also recommended by the Committee, were, at the request of
Delegate Boggs, and by unanimous consent, withdrawn.
Delegate Boggs then submitted a substitute amendment, which was adopted as follows:
On page two,after the enacting clause, by striking the remainder of the bill and inserting in
lieu thereof the following:
"That §17A-3-4, §17A-3-14 and §17A-3-23 of the Code of West Virginia, 1931, as
amended, be amended and reenacted, all to read as follows:
ARTICLE 3. ORIGINAL AND RENEWAL OF REGISTRATION; ISSUANCE OF
CERTIFICATES OF TITLE.
§17A-3-4. Application for certificate of title; tax for privilege of certification of title;
exceptions; fee on payments for leased vehicles; penalty for false swearing.
(a) Certificates of registration of any vehicle or registration plates for the vehicle, whether
original issues or duplicates, may not be issued or furnished by the division of motor vehicles or any
other officer or agent charged with the duty, unless the applicant already has received, or at the same
time makes application for and is granted, an official certificate of title of the vehicle in either an
electronic or paper format. The application shall be upon a blank form to be furnished by the
division of motor vehicles and shall contain a full description of the vehicle, which description shall
contain a manufacturer's serial or identification number or other number as determined by the
commissioner and any distinguishing marks, together with a statement of the applicant's title and
of any liens or encumbrances upon the vehicle, the names and addresses of the holders of the liens
and any other information as the division of motor vehicles may require. The application shall be
signed and sworn to by the applicant. A duly certified copy of the division's electronic record of
a certificate of title is admissible in any civil, criminal or administrative proceeding in this state as
evidence of ownership.
(b) A tax is imposed upon the privilege of effecting the certification of title of each vehicle
in the amount equal to five percent of the value of the motor vehicle at the time of the certification,
to be assessed as follows:
(1) If the vehicle is new, the actual purchase price or consideration to the purchaser of the
vehicle is the value of the vehicle. If the vehicle is a used or secondhand vehicle, the present market
value at time of transfer or purchase is the value of the vehicle for the purposes of this section:
Provided, That so much of the purchase price or consideration as is represented by the exchange
of other vehicles on which the tax imposed by this section has been paid by the purchaser shall be
deducted from the total actual price or consideration paid for the vehicle, whether the vehicle be
new or secondhand. If the vehicle is acquired through gift or by any manner whatsoever, unless
specifically exempted in this section, the present market value of the vehicle at the time of the gift
or transfer is the value of the vehicle for the purposes of this section.
(2) No certificate of title for any vehicle may be issued to any applicant unless the applicant
has paid to the division of motor vehicles the tax imposed by this section which is five percent of
the true and actual value of the vehicle whether the vehicle is acquired through purchase, by gift or
by any other manner whatsoever, except gifts between husband and wife or between parents and
children: Provided, That the husband or wife, or the parents or children, previously have paid the
tax on the vehicles transferred to the state of West Virginia.
(3) The division of motor vehicles may issue a certificate of registration and title to an
applicant if the applicant provides sufficient proof to the division of motor vehicles that the
applicant has paid the taxes and fees required by this section to a motor vehicle dealership that has
gone out of business or has filed bankruptcy proceedings in the United States bankruptcy court and
the taxes and fees so required to be paid by the applicant have not been sent to the division by the
motor vehicle dealership or have been impounded due to the bankruptcy proceedings: Provided,
That the applicant makes an affidavit of the same and assigns all rights to claims for money the
applicant may have against the motor vehicle dealership to the division of motor vehicles.
(4) The division of motor vehicles shall issue a certificate of registration and title to an applicant without payment of the tax imposed by this section if the applicant is a corporation,
partnership or limited liability company transferring the vehicle to another corporation, partnership
or limited liability company when the entities involved in the transfer are members of the same
controlled group and the transferring entity has previously paid the tax on the vehicle transferred.
For the purposes of this section, control means ownership, directly or indirectly, of stock or equity
interests possessing fifty percent or more of the total combined voting power of all classes of the
stock of a corporation or equity interests of a partnership or limited liability company entitled to
vote or ownership, directly or indirectly, of stock or equity interests possessing fifty percent or more
of the value of the corporation, partnership or limited liability company.
(5) The tax imposed by this section does not apply to vehicles to be registered as Class H
vehicles or Class M vehicles, as defined in section one, article ten of this chapter, which are used
or to be used in interstate commerce. Nor does the tax imposed by this section apply to the titling
of Class B vehicles registered at a gross weight of fifty-five thousand pounds or more, or to the
titling of Class C semitrailers, full trailers, pole trailers and converter gear: Provided, That if an
owner of a vehicle has previously titled the vehicle at a declared gross weight of fifty-five thousand
pounds or more and the title was issued without the payment of the tax imposed by this section, then
before the owner may obtain registration for the vehicle at a gross weight less than fifty-five
thousand pounds, the owner shall surrender to the commissioner the exempted registration, the
exempted certificate of title and pay the tax imposed by this section based upon the current market
value of the vehicle: Provided, however, That notwithstanding the provisions of section nine,
article fifteen, chapter eleven of this code, the exemption from tax under this section for Class B
vehicles in excess of fifty-five thousand pounds and Class C semitrailers, full trailers, pole trailers
and converter gear does not subject the sale or purchase of the vehicles to the consumers sales tax.
(6) The tax imposed by this section does not apply to titling of vehicles leased by residents of West Virginia. A tax is imposed upon the monthly payments for the lease of any motor vehicle
leased by a resident of West Virginia, which tax is equal to five percent of the amount of the
monthly payment, applied to each payment, and continuing for the entire term of the initial lease
period. The tax shall be remitted to the division of motor vehicles on a monthly basis by the lessor
of the vehicle.
(7) The tax imposed by this section does not apply to titling of vehicles by a registered
dealer of this state for resale only, nor does the tax imposed by this section apply to titling of
vehicles by this state or any political subdivision thereof, or by any volunteer fire department or
duly chartered rescue or ambulance squad organized and incorporated under the laws of the state
of West Virginia as a nonprofit corporation for protection of life or property. The total amount of
revenue collected by reason of this tax shall be paid into the state road fund and expended by the
commissioner of highways for matching federal funds allocated for West Virginia. In addition to
the tax, there is a charge of five dollars for each original certificate of title or duplicate certificate
of title so issued: Provided, That this state or any political subdivision of this state or any volunteer
fire department or duly chartered rescue squad is exempt from payment of the charge.
(8) The certificate is good for the life of the vehicle, so long as the vehicle is owned or held
by the original holder of the certificate, and need not be renewed annually, or any other time, except
as provided in this section.
(9) If, by will or direct inheritance, a person becomes the owner of a motor vehicle and the
tax imposed by this section previously has been paid to the division of motor vehicles on that
vehicle, he or she is not required to pay the tax.
(10) A person who has paid the tax imposed by this section is not required to pay the tax a
second time for the same motor vehicle, but is required to pay a charge of five dollars for the
certificate of retitle of that motor vehicle, except that the tax shall be paid by the person when the title to the vehicle has been transferred either in this or another state from the person to another
person and transferred back to the person.
(11) The tax imposed by this section does not apply to any passenger vehicle offered for rent
in the normal course of business by a daily passenger rental car business as licensed under the
provisions of article six-d of this chapter. For purposes of this section, a daily passenger car means
a Class A motor vehicle having a gross weight of eight thousand pounds or less and is registered
in this state or any other state. In lieu of the tax imposed by this section, there is hereby imposed
a tax of not less than one dollar nor more than one dollar and fifty cents for each day or part of the
rental period. The commissioner shall propose an emergency rule in accordance with the provisions
of article three, chapter twenty-nine-a of this code to establish this tax.
(12) The tax imposed by this article does not apply to the titling of any vehicle purchased
by a senior citizen service organization which is exempt from the payment of income taxes under
the United States Internal Revenue Code, Title 26 U.S.C. §501(c)(3) and which is recognized to be
a bonafide senior citizen service organization by the senior services bureau existing under the
provisions of article five, chapter sixteen of this code.
(13) The tax imposed by this section does not apply to the titling of any vehicle operated by
an urban mass transit authority as defined in article twenty-seven, chapter eight of this code or a
nonprofit entity exempt from federal and state income tax under the Internal Revenue Code and
whose purpose is to provide mass transportation to the public at large designed for the
transportation of persons and being operated for the transportation of persons in the public interest.
(c) Notwithstanding any provisions of this code to the contrary, the owners of trailers,
semitrailers, recreational vehicles and other vehicles not subject to the certificate of title tax prior
to the enactment of this chapter are subject to the privilege tax imposed by this section: Provided,
That the certification of title of any recreational vehicle owned by the applicant on the thirtieth day of June, one thousand nine hundred eighty-nine, is not subject to the tax imposed by this section:
Provided, however, That mobile homes, manufactured homes, modular homes and similar
nonmotive propelled vehicles, except recreational vehicles and house trailers, susceptible of being
moved upon the highways but primarily designed for habitation and occupancy, rather than for
transporting persons or property, or any vehicle operated on a nonprofit basis and used exclusively
for the transportation of mentally retarded or physically handicapped children when the application
for certificate of registration for the vehicle is accompanied by an affidavit stating that the vehicle
will be operated on a nonprofit basis and used exclusively for the transportation of mentally retarded
and physically handicapped children, are not subject to the tax imposed by this section, but are
taxable under the provisions of articles fifteen and fifteen-a, chapter eleven of this code.
(d) Any person making any affidavit required under any provision of this section who
knowingly swears falsely, or any person who counsels, advises, aids or abets another in the
commission of false swearing, or any person, while acting as an agent of the division of motor
vehicles, issues a vehicle registration without first collecting the fees and taxes or fails to perform
any other duty required by this chapter to be performed before a vehicle registration is issued is, on
the first offense, guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than
five hundred dollars or be confined in jail for a period not to exceed six months or, in the discretion
of the court, both fined and confined. For a second or any subsequent conviction within five years,
that person is guilty of a felony and, upon conviction thereof, shall be fined not more than five
thousand dollars or be imprisoned in a state correctional facility for not less than one year nor more
than five years or, in the discretion of the court, both fined and imprisoned.
(e) Notwithstanding any other provisions of this section, any person in the military stationed
outside West Virginia or his or her dependents who possess a motor vehicle with valid registration
are exempt from the provisions of this article for a period of nine months from the date the person returns to this state or the date his or her dependent returns to this state, whichever is later.
(f) No person may transfer, purchase or sell a factory-built home without a certificate of title
issued by the commissioner in accordance with the provisions of this article:
(1) Any person who fails to provide a certificate of title upon the transfer, purchase or sale
of a factory-built home is guilty of a misdemeanor and, upon conviction thereof, shall for the first
offense be fined not less than one hundred dollars nor more than one thousand dollars, or be
confined in jail for not more than one year or, both fined and confined. For each subsequent
offense, the fine may be increased to not more than two thousand dollars, with confinement in jail
not more than one year or, both fined and confined.
(2) Failure of the seller to transfer a certificate of title upon sale or transfer of the
factory-built home gives rise to a cause of action, upon prosecution thereof, and allows for the
recovery of damages, costs and reasonable attorney fees.
(3) This subsection does not apply to a mobile or manufactured home for which a certificate
of title has been canceled pursuant to section twelve-b of this article.
(g) Notwithstanding any other provision to the contrary, whenever reference is made to the
application for or issuance of any title or the recordation or release of any lien, it includes the
application, transmission, recordation, transfer of ownership and storage of information in an
electronic format.
(h) Notwithstanding any other provision contained in this section, nothing herein shall be
considered to include modular homes as defined in subsection (i), section two, article fifteen,
chapter thirty-seven of this code and built to the state building code as established by legislative
rules promulgated by the state fire commission pursuant to section five-b, article three, chapter
twenty-nine of this code.
§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 veterans 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 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 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 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 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 Silver Star or Air Metal
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 Bronze Star or Air Metal, 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 Bronze Star or Air Metal 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) Notwithstanding 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) Notwithstanding 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 seven.
(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) Notwithstanding 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 spouse's 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 82nd 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 82nd 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 82nd
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 Division 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 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 whitewater 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.
(47) The division may issue special registration plates to members of Lions International
as follows:
(A) Upon appropriate application, the division may issue a special registration plate
designed by the commissioner in consultation with Lions International 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 Lions International.
(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.
(48) The division may issue special registration plates supporting organ donation as follows:
(A) Upon appropriate application, the division may issue a special registration plate
designed by the commissioner which recognizes, supports and honors organ and tissue donors and
includes the words "Donate Life".
(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.
(49) The division may issue special registration plates to members of the West Virginia Bar
Association as follows:
(A) Upon appropriate application, the division may issue a special registration plate
designed by the commissioner in consultation with the West Virginia Bar Association 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 West Virginia Bar Association.
(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.
(50) The division may issue special registration plates bearing an appropriate logo, symbol
or insignia combined with the words "SHARE THE ROAD" designed to promote bicycling in the
state 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 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.
(51) The Division may issue special registration plates honoring coal miners as follows:
(A) Upon appropriate application, the Division shall issue a special registration plate
depicting and displaying coal miners in mining activities as prescribed and designated by the
Commissioner and the board of the National Coal Heritage Area Authority.
(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.
(52) The Division may issue special registration plates to present and former Boy Scouts 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 present or
past membership in the Boy Scouts as either a member or a leader.
(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.
(53) The Division may issue special registration plates to present and former Boy Scouts
who have achieved Eagle Scout status 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 achievement
of Eagle Scout status.
(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.
(54) The division may issue special registration plates recognizing and memorializing
victims of domestic violence.
(A) Upon appropriate application, the division may issue a special registration plate
designed by the commissioner to recognize and memorialize victims of domestic violence, such
plate to incorporate somewhere in the design the "purple 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.
(55) The division may issue special registration plates bearing the logo, symbol, insignia,
letters or words demonstrating association with or support for the University of Charleston 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.
(56) The division may issue special registration plates to members of the Sons of the
American Revolution as follows:
(A) Upon appropriate application, the division may issue a special registration plate
designed by the commissioner in consultation with the Sons of the American Revolution 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 Sons of the American Revolution.
(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.
(57) The commissioner may issue special registration plates for horse 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.
(58) The commissioner may issue special registration plates to the next of kin of a member
of any branch of the armed services of the United States killed in combat as follows:
(A) Upon appropriate application, the division shall issue a special registration plate for any
number of vehicles titled in the name of a qualified applicant depicting the gold star awarded by the
United States Department of Defense as prescribed and designated by the commissioner.
(B) The next of kin shall provide sufficient proof of receiving a gold star lapel button from
the United States Department of Defense in accordance with Public Law 534,89th Congress and criteria established by the United States Department of Defense, including criteria to determine next
of kin.
(C) 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.
(D) The provisions of subsection (d) of this section are not applicable for the issuance of the
special license plates designated by this subdivision.
(59) The commissioner may issue special registration plates for retired or former Justices
of the Supreme Court of Appeals of West Virginia 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 provisions of subsection (d) of this section are not applicable for the issuance of the
special license plates designated by this subdivision.
(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 minimum
number of applications required prior to design and production of a special license plate shall be
as follows:
(1) 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 with the organization 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 subdivision (1) through (26),
inclusive, subsection (c) of this section an organization or group that is unsuccessful in obtaining
the minimum number of applications may not request reconsideration of a special plate until at least
two years have passed since the effective date of the original authorization.
(2) The commissioner may not begin the design or production of any license plates
authorized by this section for which membership or affiliation with a particular organization is not
required until at least two hundred and fifty registrants complete an application and deposit a fee
with the division to cover the first year's basic registration fee, one-time design and manufacturing
fee and additional annual fee if applicable. If the commissioner fails to receive the required number
of applications within six months of the effective date of the authorizing legislation, the plate will
not be produced and will require legislative reauthorization: Provided, That if the minimum
number of applications is not satisfied within the six months of the effective date of the authorizing
legislation, a person may not request reconsideration of a special plate until at least two years have passed since the effective date of the original authorization.
(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
license plate 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. The commissioner shall, whenever possible and
cost-effective, implement the latest technology in the design, production and issuance of registration
plates, indices of registration renewal and vehicle ownership documents, including, but not limited
to, offering internet renewal of vehicle registration and the use of bar codes for instant identification
of vehicles by scanning equipment to promote the efficient and effective coordination and
communication of data for improving highway safety, aiding law enforcement and enhancing
revenue collection.
(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.
§17A-3-23. Registration plates to state, county, municipal and other governmental vehicles;
use for undercover activities.
(a) Any motor vehicle designed to carry passengers, owned or leased by the State of West
Virginia, or any of its departments, bureaus, commissions or institutions, except vehicles used by
the Governor, Treasurer, three vehicles per elected office of the Board of Public Works, vehicles operated by the State Police, vehicles operated by conservation officers of the Division of Natural
Resources, not to exceed ten vehicles operated by the arson investigators of the office of State Fire
Marshal, not to exceed two vehicles operated by the Division of Protective Services and not to
exceed sixteen vehicles operated by inspectors of the office of the Alcohol Beverage Control
Commissioner, may not be operated or driven by any person unless it has displayed and attached
to the front thereof, in the same manner as regular motor vehicle registration plates are attached, a
plate of the same size as the regular registration plate, with white lettering on a green background
bearing the words "West Virginia" in one line and the words "State Car" in another line and the
lettering for the words "State Car" shall be of sufficient size to be plainly readable from a distance
of one hundred feet during daylight.
The vehicle shall also have attached to the rear a plate bearing a number and any other words
and figures as the Commissioner of Motor Vehicles shall prescribe. The rear plate shall also be
green with the number in white.
(b) On registration plates issued to vehicles owned by counties, the color shall be white on
red with the word "County" on top of the plate and the words "West Virginia" on the bottom. On
any registration plates issued to a city or municipality, the color shall be white on blue with the
word "City" on top and the words "West Virginia" on the bottom: Provided, That after the thirty-
first day of December, two thousand six, registration plates issued to a city or municipality law-
enforcement department shall include blue lettering on a white background with the word "West
Virginia" on top of the plate and shall be further designed by the commissioner to include a law
enforcement shield together with other insignia or lettering sufficient to identify the motor vehicle
as a municipal law enforcement department motor vehicle.
The colors may not be reversed and shall be of reflectorized material. The registration plates issued
to counties, municipalities and other governmental agencies authorized to receive colored plates hereunder shall be affixed to both the front and rear of the vehicles. Every municipality shall
provide the commissioner with a list of law-enforcement vehicles operated by the law-enforcement
department of the municipality, unless otherwise provided in this section, and a fee of ten dollars
for each vehicle submitted by the first day of July, two thousand six.
(c) Registration plates issued to vehicles operated by county sheriffs shall be designed by
the commissioner in cooperation with the sheriffs' association with the word "Sheriff" on top of the
plate and the words "West Virginia" on the bottom. The plate shall contain a gold shield
representing the sheriff's star and a number assigned to that plate by the commissioner. Every
county sheriff shall provide the commissioner with a list of vehicles operated by the sheriff, unless
otherwise provided in this section, and a fee of ten dollars for each vehicle submitted by the first
day of July, two thousand two.
(d) The commissioner is authorized to designate the colors and design of any other
registration plates that are issued without charge to any other agency in accordance with the motor
vehicle laws.
(e) Upon application, the commissioner is authorized to issue a maximum of five Class A
license plates per applicant to be used by county sheriffs and municipalities on law-enforcement
vehicles while engaged in undercover investigations.
(f) The commissioner is authorized to issue an unlimited number of license plates per
applicant to authorized drug and violent crime task forces in the State of West Virginia when the
chairperson of the control group of a drug and violent crime task force signs a written affidavit
stating that the vehicle or vehicles for which the plates are being requested will be used only for
official undercover work conducted by a drug and violent crime task force.
(g) The commissioner is authorized to issue twenty Class A license plates to the Criminal
Investigation Division of the Department of Tax and Revenue for use by its investigators.
(h) The commissioner may issue a maximum of ten Class A license plates to the Division
of Natural Resources for use by conservation officers. The commissioner shall designate the color
and design of the registration plates to be displayed on the front and the rear of all other state-owned
vehicles owned by the Division of Natural Resources and operated by conservation officers.
(I) The commissioner is authorized to issue an unlimited number of Class A license plates
to the commission on special investigations for state-owned vehicles used for official undercover
work conducted by the commission on special investigations. The commissioner is authorized to
issue a maximum of two Class A plates to the Division of Protective Services for state-owned
vehicles used by the Division of Protective Services in fulfilling its mission.
(j) No other registration plate may be issued for, or attached to, any state-owned vehicle.
(k) The commissioner of Motor Vehicles shall have a sufficient number of both front and
rear plates produced to attach to all state-owned cars. The numbered registration plates for the
vehicles shall start with the number "five hundred" and the commissioner shall issue consecutive
numbers for all state-owned cars.
(l) It is the duty of each office, department, bureau, commission or institution furnished any
vehicle to have plates as described herein affixed thereto prior to the operation of the vehicle by any
official or employee.
(m) The commissioner may issue special registration plates for motor vehicles titled in the
name of the Division of Public Transit or in the name of a Public Transit Authority as defined in
this subsection and operated by a Public Transit Authority or a public transit provider to transport
persons in the public interest. For purposes of this subsection, "Public Transit Authority" means an
urban mass transportation authority created pursuant to the provisions of article twenty-seven,
chapter eight of this code or a nonprofit entity exempt from federal and state income taxes under
the Internal Revenue Code and whose purpose is to provide mass transportation to the public at large. The special registration plate shall be designed by the commissioner and shall display the
words "public transit" or words or letters of similar effect to indicate the public purpose of the use
of the vehicle. The special registration plate shall be issued without charge.
(m)(n) Any person who violates the provisions of this section is guilty of a misdemeanor
and, upon conviction thereof, shall be fined not less than fifty dollars nor more than one hundred
dollars. Magistrates shall have concurrent jurisdiction with circuit and criminal courts for the
enforcement of this section."
The bill was then ordered to third reading.
Committee Reports
On motion for leave, a bill was introduced (Originating in the Committee on Finance and
reported with the recommendation that it do pass), which was read by its title, as follows:
By Delegates Michael, Doyle, Varner and Boggs:
H. B. 4863 - "A Bill supplementing, amending, reducing, and increasing items of the
existing appropriations from the state road fund to the department of transportation, division of
highways, fund 9017, fiscal year 2006, organization 0803, all supplementing and amending the
appropriations for the fiscal year ending the thirtieth day of June, two thousand six."
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B.
4863) was taken up for immediate consideration, read a first time and then ordered to second
reading.
Chairman Michael, from the Committee on Finance, submitted the following report, which
was received:
Your Committee on Finance has had under consideration:
S. B. 361, Relating to investment powers of Investment Management Board,
And reports the same back without recommendation but with the recommendation that it be recommitted to the Committee on Finance.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 361)
was taken up for immediate consideration, read a first time, ordered to second reading and then
recommitted to the Committee on Finance.
Chairman Campbell, from the Committee on Education, submitted the following report,
which was received:
Your Committee on Education has had under consideration:
S. B. 570, Relating to fairness and equity in public school finance,
And reports the same back without recommendation but with the recommendation that it
be recommitted to the Committee on Education.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 570)
was taken up for immediate consideration, read a second time, advanced to third reading and then
recommitted to the Committee on Education.
Chairman Campbell, from the Committee on Education, submitted the following report,
which was received:
Your Committee on Education has had under consideration:
S. B. 765, Relating to start of workday for school bus operators and transportation aides,
And reports the same back, by unanimous vote of the Committee, with amendment, with
the recommendation that it do pass, as amended.
Delegate Staton asked unanimous consent that the bill be taken up for immediate
consideration, read a second time and advanced to third reading with the amendment pending and
with the right to amend.
On motion for leave, a resolution was introduced (Originating in the Committee on
Government Organization and reported with the recommendation that it be adopted), which was read by its title, as follows:
By Delegates
Beane, Ennis, Argento, Barker, Butcher, Iaquinta, Manchin, Martin,
Miley, Perdue, Swartzmiller, Talbott, Yost, Walters, Blair, Frich, Porter, Romine,
Rowan and Schoen:
H. C. R 99 - "Requesting the Joint Committee on Government and Finance to study the
development of Coalwood Way and related sites in the Big Creek District of McDowell County as
historical, cultural and recreational facilities."
Whereas, The Legislature is mindful of the historical, cultural and recreational significance
of the events known and believed to have occurred at Coalwood, War and related sites in the Big
Creek District of McDowell County as memorialized in the trilogy of books entitled "Rocket Boys",
"Sky of Stone" and "The Coalwood Way" and the movie "October Sky"; and
Whereas, The Legislature is mindful of the benefits likely to flow from a well-planned and
executed program for development of historical, educational, social, cultural and recreational
attractions related to the internationally famous area and events that have taken place in the Big
Creek District of McDowell County; and
Whereas, The Legislature finds that the study of the development of historical, educational,
social, cultural and recreational attractions in the Big Creek District of McDowell County is a
worthy public purpose
;
therefore be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the
development of Coalwood Way and related sites in the Big Creek District of McDowell County as
historical, cultural and recreational facilities; and, be it
Further Resolved, That the Joint Committee on Government and Finance is requested to
determine the potential economic benefit of the creation of tourism, educational and recreational destinations in the Big Creek District of McDowell County; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the
regular session of the Legislature, 2007, on its findings, conclusions and recommendations, together
with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
The Speaker then referred the resolution to the Committee on Rules.
Chairman Beane, from the Committee on Government Organization, submitted the
following report, which was received:
Your Committee on Government Organization has had under consideration:
S. B. 709, Relating to planning commission membership,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 709)
was taken up for immediate consideration, read a first time and then ordered to second reading.
Chairman Beane, from the Committee on Government Organization, submitted the
following report, which was received:
Your Committee on Government Organization has had under consideration:
S. B. 567, Creating Energy Policy and Development Act,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on Finance.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 567)
was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the former direction of the Speaker, referred to the Committee on Finance.
Chairman Michael, from the Committee on Finance, submitted the following report, which
was received:
Your Committee on Finance has had under consideration:
S. B. 174, Relating to State Police Death, Disability and Retirement Fund benefits,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that they each do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 174)
was taken up for immediate consideration, read a second time, ordered to third reading and then,
in accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
The Clerk announced that, pursuant to House Rule 70a, Mr. Speaker, Mr. Kiss, had filed
a request for the removal of S. B. 174 from the Consent Calendar to the Special Calendar.
At the request of Delegate Staton, and by unanimous consent, the rule was suspended the
offering and consideration of amendments to the foregoing bill on third reading.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has given further consideration to:
S. B. 461, Clarifying water supply replacement requirements for surface mine operators,
And,
S. B. 778, Relating to State Conservation Committee and conservation districts,
And reports the same back, with amendment, by unanimous vote of the Committee, with
the recommendation that they each do pass, as amended.
At the respective requests of Delegate Staton, and by unanimous consent, the bills (S. B. 461
and S. B. 778) were each taken up for immediate consideration, read a second time, ordered to third reading and then, in accordance with the provisions of House Rule 70a, was ordered to the Consent
Calendar.
The Clerk announced that, pursuant to House Rule 70a, Mr. Speaker, Mr. Kiss, had filed
requests for the removal of S. B. 461 and S. B. 778 from the Consent Calendar to the Special
Calendar.
At the request of Delegate Staton, and by unanimous consent, the rule was suspended the
offering and consideration of amendments to the foregoing bills on third reading.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has given further consideration to:
S. B. 166, Restructuring Parole Board,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 166)
was taken up for immediate consideration, read a first time and then ordered to second reading.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has given further consideration to:
Com. Sub. for S. B. 107, Relating to venue for certain suits against state,
And,
S. B. 680, Relating to Unified Carrier Registration System,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that they each do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bills (S. B. 107 and S. B. 680) were taken up for immediate consideration, read a second time and advanced to
third reading.
The Clerk announced that, pursuant to House Rule 70a, Mr. Speaker, Mr. Kiss, had filed
requests for the removal of S. B. 107 and S. B. 680 from the Consent Calendar to the Special
Calendar.
At the request of Delegate Staton, and by unanimous consent, the rule was suspended the
offering and consideration of amendments to the foregoing bills on third reading.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has given further consideration to:
Com. Sub. for S. B. 728, Requiring background checks on certain emergency dispatch
center employees; wireless enhanced 911 fee money distribution,
And reports the same back, with a title amendment, by unanimous vote of the Committee,
with the recommendation that it do pass, as amended.
Delegate Staton asked unanimous consent that the bill be taken up for immediate
consideration, read a second time and advanced to third reading with an amendment pending and
further right to amend.
The Clerk announced that, pursuant to House Rule 70a, Mr. Speaker, Mr. Kiss, had filed
a request for the removal of S. B. 728 from the Consent Calendar to the Special Calendar.
At the request of Delegate Staton, and by unanimous consent, the rule was suspended the
offering and consideration of amendments to the foregoing bill on third reading.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has given further consideration to:
Com. Sub. for Com. Sub. for S. B. 492, Providing indemnity agreements in motor carrier
transportation contracts void,
And reports the same back with the recommendation that it do pass.
Delegate Staton asked unanimous consent that the bill be taken up for immediate
consideration, read a second time and advanced to third reading and the rule was suspended to
permit the offering and consideration of amendments on third reading.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has given further consideration to:
S. B. 781, Relating to long-term leases for wireless communication towers on public lands,
And reports the same back, by unanimous vote of the Committee, with amendment, with
the recommendation that it do pass, as amended, and with the recommendation that second
reference of the bill to the Committee on Finance be dispensed with.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (S. B. 781) to the Committee on Finance was abrogated, and it was taken up for immediate
consideration, read a second time and advanced to third reading with the amendments pending, and
the rule was suspended to permit the offering and consideration of amendments on third reading.
The Clerk announced that, pursuant to House Rule 70a, Mr. Speaker, Mr. Kiss, had filed
a request for the removal of S. B. 781 from the Consent Calendar to the Special Calendar.
Chairman Michael, from the Committee on Finance, submitted the following report, which
was received:
Your Committee on Finance has had under consideration:
S. B. 173, Relating to public employees preretirement death benefits,
S. B. 598, Relating to Teachers Retirement System's qualified plan status,
S. B. 127, Relating to regional education service agencies,
And,
S. B. 633, Addressing certain teacher critical shortage areas,
And reports the same back, with amendment, with the recommendation that they each do
pass.
Delegate Staton asked and obtained unanimous consent that the bills (S. B. 173, S. B. 598,
S. B. 127 and S. B. 633) be taken up for immediate consideration, read a second time and advanced
to third reading with the amendments pending, the rule was suspended to permit the offering and
consideration of amendments on third reading.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has given further consideration to:
S. B. 780, Relating to gift certificates,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended.
Delegate Staton asked and obtained unanimous consent that the bills (S. B. 780) be taken
up for immediate consideration, read a second time and advanced to third reading with the
amendment pending, the rule was suspended to permit the offering and consideration of
amendments on third reading.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 285, Relating to unclaimed property,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference of the bill to the Committee on
Finance be dispensed with.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (Com. Sub. for 285) to the Committee on Finance was abrogated, and it was taken up for
immediate consideration, read a second time and advanced to third reading, and the rule suspended
to permit the offering and consideration of amendment on third reading.
Chairman Michael, from the Committee on Finance submitted the following report, which
was received:
Your Committee on has had under consideration:
S. B. 362, Requiring Tax Commissioner disclose certain information to Consolidated Public
Retirement Board,
S. B. 605, Relating to personal property tax receipt as prerequisite proof for vehicle
registration,
S. B. 517, Requiring multidisciplinary treatment team for certain juveniles,
S. B. 557, Removing requirement for Shady Spring Turnpike interchange construction,
And,
S. B. 759, Creating Highway Design-Build Procurement Act.
And reports the same back, by unanimous vote of the committee, with amendment, with the
recommendation that they each do pass, as amended.
At the respective requests of Delegate Staton, and by unanimous consent, the bills (S. B.362,
S. B. 605, S. B. 517, S. B. 557 and S. B. 759) were each taken up for immediate consideration, read
a second time, ordered to third reading and then, in accordance with the provisions of House Rule
70a, was ordered to the Consent Calendar.
The Clerk announced that, pursuant to House Rule 70a, Mr. Speaker, Mr. Kiss, had filed requests for the removal of S. B.362, S. B. 605, S. B. 517, S. B. 557 and S. B. 759 from the Consent
Calendar to the Special Calendar.
At the request of Delegate Staton, and by unanimous consent, the rule was suspended the
offering and consideration of amendments to the foregoing bills on third reading.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:
H. B. 4008, Relating to authorizing city and county housing authorities to merge to form a
regional housing authority.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take
effect July 1, 2006, a bill of the House of Delegates as follows:
H. B. 4049, Relating to state funded student financial aid.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with a title amendment, to
take effect from passage, a bill of the House of Delegates as follows:
H. B. 4075, Relating to the dedication of moneys to the Regional Jail Partial Reimbursement
Fund.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following amendment was reported by the Clerk:
On page on, by amending the title of the bill to read as follows:
H. B. 4075 - "A Bill to amend and reenact §59-1-28a of the Code of West Virginia, 1931,
as amended, relating to the dedication of moneys to the Regional Jail Operations Partial Reimbursement Fund."
On motion of Delegate Staton, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 458), 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: Ferrell, Swartzmiller and Trump.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 4075) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 459), and there were--yeas 96, nays
none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell, Schoen, Swartzmiller and Trump.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 4075) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:
Com. Sub. for H. B. 4096, Relating to amount of an appeal bond.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
Com. Sub. for H. B. 4120, Authorizing the termination of water service for delinquent sewer bills where the sewer service is provided by a Homeowners' Association.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:
Com. Sub. for H. B. 4135, Authorizing the Department of Environmental Protection to
promulgate legislative rules.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take
effect from passage, a bill of the House of Delegates as follows:
H. B. 4172, Authorizing the Department of Administration to promulgate legislative rules.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take
effect from passage, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 4210, Authorizing the Department of Commerce to promulgate
legislative rules.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
H. B. 4256, Providing a procedure for removal of county, district or municipal officers.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
H. B. 4383, Continuing the pilot program offered through a Community Access Program
to coordinate health care provider reimbursements indefinitely as determined by the insurance commissioner.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:
Com. Sub. for H. B. 4453, Clarifying the powers and duties of conservation officers as it
relates to searches and seizures.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:
Com. Sub. for H. B. 4454, Relating to wages withheld from an employee.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
H. B. 4458, Relating to the sale of bulk data in electronic format from the Uniform
Commercial Code and Corporation Data Bases.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:
H. B. 4470, Updating the definition of "medicare supplement policy".
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take
effect from passage, a bill of the House of Delegates as follows:
H. B. 4479, Relating to Manufactured Housing Construction and Safety Standards.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take
effect from passage, a bill of the House of Delegates as follows:
H. B. 4494, Finding and declaring certain claims against the state and its agencies to be
moral obligations of the state.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take
effect from passage, a bill of the House of Delegates as follows:
H. B. 4513, Permitting insurance fraud investigators to present criminal complaints directly
to a magistrate and to extend the statute of limitations for certain insurance related misdemeanors
to three years.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
H. B. 4580, Creating the "special district excise tax administration fund" in the State
Treasury.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
Com. Sub. for H. B. 4630, Creating a Voluntary Compliance Program based on listed
transactions considered abusive by the Internal Revenue Service.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
Com. Sub. for H. B. 4661, Continuing the Board of Registered Professional Nurses rule relating to dialysis technicians.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:
H. B. 4679, Relating to qualified charitable gift annuities.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
H. B. 4698, Changing the filing time for a subcontractor's lien.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with a title amendment, a
bill of the House of Delegates as follows:
H. B. 4774, Allowing the Secretary of State's Office to amend it rule to allow for the sale
of the code of state rules.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following amendment was reported by the Clerk:
On page on, by amending the title of the bill to read as follows:
H. B. 4774 - "A Bill to amend and reenact §29A-2-7 of the Code of West Virginia, 1931,
as amended, relating to the publication of the code of state rules; permitting the technical changes
to the procedure governing the publication of the rules; and allowing the use of electronic media."
On motion of Delegate Staton, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 460), 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: Ferrell, Swartzmiller and Trump.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 4774) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, with amendment, of a
concurrent resolution of the House of Delegates as follows:
H. C. R. 55, Requesting the Joint Committee on Government and Finance to study how the
divorce and custody laws prevent or hinder fathers from being involved in raising their children.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of
Delegates and the passage, as amended, of
Com. Sub. for S. B. 51, Relating to name change for certain persons.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of
Delegates and the passage, as amended, of
Com. Sub. for S. B. 170, Creating Health Information Network.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of
Delegates and the passage, as amended, to take effect from passage, of
Com. Sub. for S. B. 396, Authorizing Division of Rehabilitation Services promulgate
legislative rule relating to Ron Yost Personal Assistance Services Board.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of
Delegates and the passage, as amended, of
S. B. 462, Relating to filing interstate compacts with Secretary of State.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of
Delegates and the passage, as amended, of
Com. Sub. for S. B. 473, Creating crime of reckless driving resulting in serious bodily
injury.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of
Delegates and the passage, as amended, to take effect from passage, of
S. B. 529, Updating meaning of certain terms used in state Personal Income Tax Act.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of
Delegates and the passage, as amended, of
S. B. 551, Relating to involuntary commitment process for addicted persons.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of
Delegates and the passage, as amended, of
Com. Sub. for S. B. 576, Changing calculation of prejudgment and post-judgment interest
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of
Delegates and the passage, as amended, of
S. B. 631, Relating to criminal school truancy complaints.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the
concurrence of the House of Delegates in the adoption of the following concurrent resolution, which
was read by its title and referred to the Committee on Rules:
S. C. R. 85 - "Recognizing the West Virginia Land and Mineral Owners Council for its
interest in the reforestation of mined lands."
Whereas, The West Virginia Land and Mineral Owners Council, along with Southern West
Virginia Community and Technical College, West Virginia State University, West Virginia
University Center for Mine Reclamation, West Virginia Coal Association, West Virginia Forestry
Association and Canaan Valley Institute, is addressing the economic loss of forest land and how to
regenerate productive forests. These entities are interested in the establishment of a center to
research projects relating to reforestation; and
Whereas, Due to past surface mining reclamation practices, there are many acres of mined
land that are now grassland and pastureland with little natural regeneration; and
Whereas, The reforestation of mined lands could lead to many economic benefits,
including wood production, recreation and tourism. Other economic issues include timber value,
landowner tax rates, enhanced recreational opportunities and jobs for local economies and local
tax revenue; and
Whereas, Environmental benefits of reforestation could lead to enhanced wildlife habitats,
soil and water conservation and water quality improvement; and
Whereas, Kentucky and Virginia have large research projects that are addressing post-mine
use, with part of the funding for these projects coming from the coal mining industry; and
Whereas, The establishment of a center could qualify the research projects for grants from
the United States Office of Surface Mining and Reclamation; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby recognizes the West Virginia Land and Mineral Owners Council
for its interest in the reforestation of mined lands; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of the
this resolution to the West Virginia Land and Mineral Owners Council.
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day
was granted Delegate Ferrell.
At 7:47 p.m., the House of Delegates adjourned until 11:00 a.m., Friday, March 10, 2006.