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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 534,89
th 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.