sdj-50th day

WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2006
FIFTIETH DAY
____________

Charleston, W. Va., Wednesday, March 1, 2006

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Dr. Earnest Watkins, Simpson Memorial United Methodist Church, Charleston, West Virginia.
Pending the reading of the Journal of Tuesday, February 28, 2006,
On motion of Senator Minard, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Senate Bill No. 244, Relating to state-chartered banks' investment limitations.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Com. Sub. for Senate Bill No. 270, Continuing Board of Banking and Financial Institutions; membership qualifications.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4015--A Bill to amend and reenact §11B-2-20 of the Code of West Virginia, 1931, as amended, relating to funding of the Revenue Shortfall Reserve Fund.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4089--A Bill to amend and reenact §17A-3-23 of the Code of West Virginia, 1931, as amended, relating to establishing a new license plate that designates city or municipality law-enforcement departments; and specifying the design and one-time fee.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4444--A Bill to amend and reenact §19-1A-3a of the Code of West Virginia, 1931, as amended, relating to permitting land grant university researchers performing research to plant ginseng seed and to dig, collect or gather ginseng on state public lands.
Referred to the Committee on Agriculture.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4487--A Bill to amend and reenact §20-2- 46e of the Code of West Virginia, 1931, as amended, relating to allowing an individual, who is at least sixteen years of age, to be in the vehicle to assist the Class Q permittee.
Referred to the Committee on Natural Resources.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4524--A Bill to amend and reenact §17B-2-1 of the Code of West Virginia, 1931, as amended, relating to the requirements for obtaining a driver's license or identification card; and allowing persons who possess a valid driver's license to also obtain an identification card.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4565--A Bill to repeal §16- 5-12a, §16-5-12b, §16-5-18a and §16-5-18b of the Code of West Virginia, 1931, as amended; to amend and reenact §16-5-1, §16-5-2, §16-5-3, §16-5-4, §16-5-5, §16-5-6, §16-5-7, §16-5-8, §16-5-9, §16- 5-10, §16-5-11, §16-5-12, §16-5-13, §16-5-14, §16-5-15, §16-5-16, §16-5-17, §16-5-18, §16-5-19, §16-5-20, §16-5-21, §16-5-22, §16-5- 23, §16-5-24, §16-5-25, §16-5-26, §16-5-27, §16-5-28, §16-5-29, §16-5-30, §16-5-31, §16-5-32, §16-5-33, §16-5-34, §16-5-35 and §16- 5-36 of said code; and to amend said code by adding thereto two new sections, designated §16-5-37 and §16-5-38, all relating to vital statistics; defining terms; establishing section of vital statistics in Bureau for Public Health; authorizing the Department of Health and Human Resources to propose legislative rules; authorizing the appointment of a State Registrar; delineating duties and powers of State Registrar; authorizing registration districts; authorizing appointment and removal of local registrars and deputy local registrars; delineating duties of local registrars and deputy local registrars; authorizing State Registrar to approve document forms; requiring the filing of certificates of birth; establishing criteria for paternity to be indicated on birth certificate; allowing for amendment of birth records; requiring the reporting of specified birth defects; requiring notations of missing children on birth records; requiring reporting of infants of unknown parentage; providing for delayed registration of births; providing for establishment of facts of birth through judicial procedure; requiring courts to report adoptions, annulments of adoptions or amendments of orders of adoptions; requiring courts to report paternity determinations; providing for new birth certificates following adoption, legitimation or paternity acknowledgment or determination; requiring reporting of death, fetal death and induced termination of pregnancy; providing for delayed registration of death; authorizing disposition, disinterment and reinterment permits; authorizing corrections and amendments to vital records; authorizing reproduction and disposal of vital records; providing for disclosure of information for research purposes; providing for issuance of certified copies of vital records; authorizing fees for copies and record searches; setting forth duties to keep records and furnish vital information; authorizing registrar to match birth and death records; limiting use of social security numbers; authorizing the establishment of system of registering records of marriage, divorce and annulment; requiring reporting of marriages, divorces and annulments; and providing criminal penalties for violations.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4679--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-13B-l, §33-13B-2, §33-13B-3, §33-13B-4, §33-13B-5 and §33-13B-6, all relating to qualified charitable gift annuities.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4694--A Bill to amend and reenact §49-1-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §49-6-2, §49-6-3, §49-6-5 and §49-6-5b of said code, all relating to abuse and neglect of children; consideration of factors associated with a battered parent in abuse and neglect cases; providing treatment and assistance for battered parent; consideration of acts or attempted acts of murder, voluntary manslaughter or unlawful or malicious wounding with serious injury by one parent against other parent in abuse and neglect cases; considering aggravating circumstances of abuse, neglect or violent acts of parent in temporary and permanent custody determinations when such acts are committed against the other parent; considering aggravating circumstances of abuse, neglect or violent acts of parent in temporary and permanent custody determinations when such acts are committed or against other children in the household or other children under the parent's care or custody; relating to the department's obligation to attempt to preserve the family when such aggravating circumstances exist; and definitions.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4698--A Bill to amend and reenact §38-2-9 of the Code of West Virginia, 1931, as amended, relating to changing the filing time for a subcontractor's lien to one hundred days rather than seventy-five days to be consistent with the filing time for a mechanic's lien.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced that that body had agreed to the appointment of a committee of conference of three from each house on the disagreeing votes of the two houses, as to
House Concurrent Resolution No. 17, Requesting the Governor of the State of West Virginia and the West Virginia Development Office to put the highest priority on putting forward locations in the southern coalfield counties for the proposed coal conversion facilities.
The message further announced the appointment of the following conferees on the part of the House of Delegates:
Delegates Staton, Browning and Hall.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 56--Requesting the Division of Highways to name the bridge at the intersection of U. S. 119 and West Virginia Route 36 in Spencer the "Veterans' Memorial Bridge".
Whereas, Citizens from Roane County, West Virginia, serving in the United States Army, Navy, Air Force, Marine Corps and Coast Guard have performed admirably, honorably and with distinction during their service to the nation; and
Whereas, The diligent efforts of members of the armed services have provided safety and security to the United States of America; and
Whereas, Members of the armed services have promoted freedom and democracy around the world and faithfully answered the call to resist aggressors; and
Whereas, In both times of peace and conflict, members of the armed services have consistently placed the welfare of the United States of America above personal need; and
Whereas, Members of the armed services have placed themselves in harm's way in defense of freedom, many giving what President Abraham Lincoln called "the last full measure of devotion"; and
Whereas, Since the time of the Revolutionary War, members of the armed services have secured the blessings of liberty for posterity; and
Whereas, A great debt of gratitude is owed to those who have served the United States of America in uniform with both diligence and pride; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the bridge at the intersection of U. S. 119 and West Virginia Route 36 in Spencer the "Veterans' Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and placed on the bridge signs identifying it as the "Veterans' Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a certified copy of this resolution to the Commissioner of the Division of Highways and the Director of the Division of Veterans' Affairs.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 63--Requesting the Division of Highways to name the bridge located on County Road 8 near Petersburg, Grant County, West Virginia, the "Devin Lee Alt Memorial Bridge".
Whereas, Devin Lee Alt was born in Grant County on March 15, 1984, and was a recent graduate of Grant County High School; and
Whereas, After graduating high school, Devin Lee Alt worked as a member of the Division of Highways' survey crew which surveyed the bridge to be named after him; and
Whereas, While on his way to the last day of work on the bridge, Devin Lee Alt was killed in an automobile accident; and
Whereas, The families and residents of the Petersburg area desire that this bridge be named the "Devin Lee Alt Memorial Bridge" to honor his contributions to the area and the building of the bridge; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge on Grant County Road 8 near Petersburg, West Virginia, three miles from Petersburg on Route 8 named Durgun Road, the "Devin Lee Alt Memorial Bridge; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to post signs thereon with words, printed in bold and prominent fashion, designating the bridge as the "Devin Lee Alt Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of Transportation, the Commissioner of the Division of Highways and to the family of Devin Lee Alt.
Referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the fourth order of business.
Senator White, 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 1st day of March, 2006, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
(S. B. No. 216), Continuing Women's Commission.
And,
(S. B. No. 454), Removing Insurance Commissioner as health maintenance organizations' attorney for service of process purposes.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
Richard Browning,
Chair, House Committee.
The Senate proceeded to the sixth order of business.
Senators Hunter and Dempsey offered the following resolution:
Senate Resolution No. 36-- Requesting the United States Congress provide funding for a long-term care facility for veterans in Beckley, Raleigh County.
Whereas, West Virginia is one of two states that does not have a Veterans Administration-funded and -operated long-term care facility; and
Whereas, Senate Bill No. 1156 passed by the United States Congress in 2003 authorized the construction of a Veterans Administration long-term care facility in Beckley, Raleigh County; and
Whereas, Plans for the construction of the long-term care facility have been submitted for funding, yet have not been considered; and
Whereas, The construction of the veterans' nursing home in Clarksburg, funded by the State of West Virginia and located on grounds donated by the Veterans Administration, is nearly complete and will meet its capacity as soon as it is operational; and
Whereas, West Virginia veterans need the support of West Virginia's congressional delegation to implement the provisions of Senate Bill No. 1156 and appropriate funding for the construction of a long-term care facility in Beckley, Raleigh County; therefore, be it
Resolved by the Senate:
That the Senate hereby requests the United States Congress provide funding for a long-term care facility for veterans in Beckley, Raleigh County; and, be it
Further Resolved, That the Senate requests West Virginia's congressional delegation to seek funding for the construction of a long-term care facility in Beckley, Raleigh County; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the members of West Virginia's congressional delegation.
Which, under the rules, lies over one day.
Senator Unger offered the following resolution :
Senate Resolution No. 37-- Requesting the Public Service Commission grant certificates of convenience and necessity to solid waste carriers in Berkeley and Jefferson counties.
Whereas, Berkeley and Jefferson counties are experiencing positive economic development at an accelerated pace; and
Whereas, Sound economic development requires the development of solid waste infrastructure to create the ability to manage a growing solid waste stream; and
Whereas, Berkeley and Jefferson counties seek to develop multiple small- and medium-sized waste facilities rather than one large-scale landfill that is supported by only one hauler; and
Whereas, Multiple national and regional solid waste carriers have stated their desire and ability to locate new solid waste facilities, including, but not limited to, commercial recycling facilities, commercial transfer stations and construction and waste landfills, in Berkeley and Jefferson counties; and
Whereas, The development of solid waste infrastructure cannot occur without the implementation of new solid waste carriers in Berkeley and Jefferson counties to utilize the proposed facilities; and
Whereas, West Virginia law allows the West Virginia Public Service Commission to grant a certificate of convenience and necessity to allow common carriers of waste to operate within the state; therefore, be it
Resolved by the Senate:
That the Senate hereby requests the Public Service Commission to grant certificates of convenience and necessity to solid waste carriers in Berkeley and Jefferson counties; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Commissioners of the Public Service Commission, Board of Directors of the Berkeley County Solid Waste Authority, Executive Director of the West Virginia Solid Waste Management Board, President of the Berkeley County Commission, Board of Directors of the Jefferson County Solid Waste Authority, Office of the Attorney General and the West Virginia Department of Environmental Protection.
Which, under the rules, lies over one day.
Petitions
Senator Guills presented a petition from Christy Dowdy and numerous West Virginia residents, supporting Senate Bill No. 146 (Raising minimum wage).
Referred to the Committee on Labor.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 65, Requesting Joint Committee on Government and Finance direct Legislative Oversight Commission on Health and Human Resources Accountability study feasibility of subjecting state hospitals and long-term care facilities to state rules and statutes.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 66, Requesting Joint Committee on Government and Finance study employment process of public school coaches.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 67, Requesting Division of Highways rename Centennial Park between Parsons and Thomas, Tucker County, "Fred Long Centennial Park".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 18, Granting tuition waivers to children and spouses of parole and probation officers killed in line of duty.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 18) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2006.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 18) takes effect July 1, 2006.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 69, Increasing equity investments of municipal policemen's and firemen's pension and relief funds.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Eng. Com. Sub. for Senate Bill No. 107, Relating to venue for certain suits against state.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--31.
The nays were: Harrison and Sprouse--2.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 107) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Com. Sub. for Senate Bill No. 127, Relating to regional education service agencies.
On third reading, coming up in regular order, with an unreported Finance committee amendment pending, and with the right having been granted on yesterday, Tuesday, February 28, 2006, for further amendments to be received on third reading, was reported by the Clerk.
At the request of Senator Plymale, unanimous consent being granted, further consideration of the bill and the pending unreported Finance committee amendment was deferred until the conclusion of bills on today's third reading calendar.
Eng. Com. Sub. for Senate Bill No. 173, Relating to public employees preretirement death benefits.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 173) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 177, Relating to Public Defender Services.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 177) passed.
On motion of Senator Kessler, the following amendment to the title of the bill was reported by the Clerk and adopted:
On pages one and two, by striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 177--A Bill to repeal §29- 21-12, §29-21-13 and §29-21-13a of the Code of West Virginia, 1931, as amended; and to amend and reenact §29-21-3, §29-21-6, §29-21-8, §29-21-9, §29-21-10, §29-21-11 and §29-21-16 of said code, all relating to Public Defender Services generally; continuing Public Defender Services; creating the Indigent Defense Commission; specifying members and their terms; transferring certain powers and duties of agency to the executive director and Indigent Defense Commission; authorizing the executive director to reduce or reject certain vouchers; authorizing resubmission of reduced or rejected vouchers; activation of corporations; permitting the employment of both full-time and part-time attorneys; allowing for contracting with part-time attorneys; mandating the order of appointment of panel attorneys; removing certain sections relating to public defender corporations' funding; requiring corporations to submit budget; authorizing amended funding contracts; providing for payment of fees to panel attorneys; and requiring services provided to public defender corporations.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Com. Sub. for Senate Bill No. 205, Relating to sex offender registry.
On third reading, coming up in regular order, with the right having been granted on yesterday, Tuesday, February 28, 2006, for amendments to be received on third reading, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, further consideration of the bill was deferred until the conclusion of bills on today's third reading calendar, following consideration of Committee Substitute for Senate Bill No. 127, already placed in that position.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 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 and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--32.
The nays were: Sprouse--1.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 219) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 265, Adding names of certain deceased veterans to Veterans Memorial Monument.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 265) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 285, Relating to unclaimed property.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 285) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 299, Authorizing various executive or administrative agencies promulgate legislative rules.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 299) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 299) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 350, Authorizing Department of Health and Human Resources promulgate legislative rules.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--31.
The nays were: Boley and Harrison--2.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 350) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--31.
The nays were: Boley and Harrison--2.
Absent: Lanham--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 350) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 353, Authorizing Department of Transportation promulgate legislative rules.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 353) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 353) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 357, Authorizing Department of Revenue promulgate legislative rules.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 357) passed.
On motion of Senator Kessler, the following amendment to the title of the bill was reported by the Clerk and adopted:
On pages one through three, by striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 357--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Revenue and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing Insurance Commissioner to promulgate a legislative rule relating to unfair trade practices; authorizing Insurance Commissioner to promulgate a legislative rule relating to licensing and conduct of individual insurance producers, agencies and solicitors; authorizing Insurance Commissioner to promulgate a legislative rule relating to the West Virginia Essential Property Insurance Association; authorizing Insurance Commissioner to promulgate a legislative rule relating to Medicare supplement insurance; authorizing Insurance Commissioner to promulgate a legislative rule relating to nonrenewal of property insurance policies; authorizing Insurance Commissioner to promulgate a legislative rule relating to private passenger automobile and property insurance - biannual rate filing requirements; authorizing Insurance Commissioner to promulgate a legislative rule relating to replacement of life insurance policies and annuity contracts; authorizing Racing Commission to promulgate legislative rule relating to greyhound racing; authorizing Tax Commissioner to promulgate a legislative rule relating to business registration certificate - suspension for failure to pay personal property taxes; and authorizing Tax Commissioner to promulgate a legislative rule relating to valuation of active and reserve coal for ad valorem property tax purposes.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 357) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 362, Requiring Tax Commissioner disclose certain information to Consolidated Public Retirement Board.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 362) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 415, Relating to credit card solicitations on college campuses.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 415) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 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 and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 419) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 428, Providing uniformity in purchasing card procedures.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 428) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 464, Providing churches and other religious entities may incorporate.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 464) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 489, Authorizing Treasurer provide remittance processing and e-government services to political subdivisions.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 489) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 492, Providing indemnity agreements in motor carrier transportation contracts void.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 492) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2006.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 492) takes effect July 1, 2006.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 503, Providing pay raise for State Police; temporary promotions.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 503) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2006.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 503) takes effect July 1, 2006.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 511, Relating to municipal policemen's and firemen's pension funds.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 511) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Com. Sub. for Senate Bill No. 517, Requiring multidisciplinary treatment team for certain juveniles.
On third reading, coming up in regular order, with the right having been granted on yesterday, Tuesday, February 28, 2006, for amendments to be received on third reading, was reported by the Clerk.
On motion of Senator Caruth, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
On page three, section thirteen-a, line twenty-three, after the word "advocate" by inserting a comma and the words "a member of a child advocacy center";
And,
On page eleven, section three, line sixty-five, after the word "advocate," by inserting the words "a member of a child advocacy center,".
The bill, as just amended, was ordered to engrossment.
Engrossed Committee Substitute for Senate Bill No. 517 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 517) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 517) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 521, Authorizing deer hunting in state parks.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Unger, Weeks, White and Tomblin (Mr. President)--31.
The nays were: Sprouse and Yoder--2.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 521) passed.
The following amendment to the title of the bill, from the Committee on Finance, was reported by the Clerk and adopted:
On page one, by striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 521--A Bill to amend and reenact §20-5-2 of the Code of West Virginia, 1931, as amended, relating to the state parks and recreation system; providing that interest on investment of parks' operational revenue is to be used exclusively for the benefit of the state parks and public recreation system; allowing certain designated parks to raise the minimum bank deposit from two hundred fifty dollars to five hundred dollars; and providing the Natural Resources Commission authority to promulgate rules to permit and regulate the hunting of white- tailed deer in state parks.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 538, Relating to state employees' deferred compensation plan.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 538) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 554, Clarifying use of Forensic Medical Examination Fund for certain nurses' training.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 554) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 558, Providing salary adjustments for certain appointive state officers.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Fanning, Foster, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, White and Tomblin (Mr. President)--25.
The nays were: Boley, Facemyer, Guills, Harrison, Sprouse, Unger, Weeks and Yoder--8.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 558) passed.
The following amendment to the title of the bill, from the Committee on Finance, was reported by the Clerk and adopted:
On pages one and two, by striking out the title and substituting therefor a new title, to read as follows:
Eng. Senate Bill No. 558--A Bill to amend and reenact §6-7-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §6-7-2a of said code; to amend and reenact §9A-1-5 of said code; to amend and reenact §15-2-2 of said code; to amend and reenact §16-5P-5 of said code; to amend and reenact §17-2A-3 of said code; to amend and reenact §19-1A-5 of said code; to amend and reenact §20-1-5 of said code; to amend and reenact §21-1-2 of said code; to amend and reenact §22-1-6 of said code; to amend and reenact §24-1-3 of said code; to amend and reenact §29-1-1 of said code; and to amend and reenact §60-2-9 of said code, all relating to compensation of state officials; providing for salary adjustment for the Governor; providing for salary adjustments for certain appointive state officers; and adjusting annual stipend for the Chair of the Public Service Commission.
Senator Chafin moved that the bill take effect July 1, 2006.
On this question, the yeas were: Bailey, Barnes, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Fanning, Foster, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, White and Tomblin (Mr. President)--25.
The nays were: Boley, Facemyer, Guills, Harrison, Sprouse, Unger, Weeks and Yoder--8.
Absent: Lanham--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 558) takes effect July 1, 2006.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 562, Allowing citizens file certain criminal complaints directly with magistrate court.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 562) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 566, Amending Crime Victims Compensation Act.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 566) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 570, Relating to fairness and equity in public school finance.
On third reading, coming up in regular order, was read a third time.
Pending extended discussion,
At the request of Senator Weeks, unanimous consent being granted, further consideration of the bill was deferred until the conclusion of bills on today's third reading calendar, following consideration of Committee Substitute for Senate Bill No. 205, already placed in that position.
Eng. Com. Sub. for Senate Bill No. 571, Relating to National Guard pay.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 571) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2006.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 571) takes effect July 1, 2006.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 578, Allowing Public Service Commission to order takeover of certain utilities.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 578) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 587, Relating to increment pay for certain higher education faculty.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 587) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2006.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 587) takes effect July 1, 2006.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 604, Extending certain State Police disability pensions.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 604) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 616, Establishing regulated consumer lenders' reporting requirements.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 616) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 620, Relating to consolidation of administrative services by boards of education and regional education service agencies.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 620) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 633, Addressing certain teacher critical shortage areas.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 633) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 636, Relating to Court Security Fund's administrative costs.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 636) passed.
The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
On page one, by striking out the title and substituting therefor a new title, to read as follows:
Eng. Senate Bill No. 636--A Bill to amend and reenact §51-3-14 of the Code of West Virginia, 1931, as amended, relating to the Court Security Fund and administrative costs therein; and authorizing a fee of three percent not to exceed thirty thousand dollars to Department of Military Affairs and Public Safety for administering Court Security Fund.
Senator Chafin moved that the bill take effect July 1, 2006.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 636) takes effect July 1, 2006.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 638, Placing Workforce Development Initiative Program under Council for Community and Technical College Education.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 638) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2006.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 638) takes effect July 1, 2006.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Com. Sub. for Com. Sub. for Senate Bill No. 653, Relating to duties of Chief Technology Officer; establishing Technology Infrastructure Fund.
On third reading, coming up in regular order, with the right having been granted on yesterday, Tuesday, February 28, 2006, for amendments to be received on third reading, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, further consideration of the bill was deferred until the conclusion of bills on today's third reading calendar, following consideration of Engrossed Committee Substitute for Senate Bill No. 570, already placed in that position.
Eng. Senate Bill No. 656, Providing whistle-blower protection to nonunion miners.
On third reading, coming up in regular order, was reported by the Clerk.
Following discussion,
At the request of Senator Sprouse, unanimous consent being granted, further consideration of the bill was deferred until the conclusion of bills on today's third reading calendar, following consideration of Committee Substitute for Committee Substitute for Senate Bill No. 653, already placed in that position.
Senate Bill No. 673, Authorizing county service fees for infrastructure projects; bonding authority.
On third reading, coming up in regular order, with the right having been granted on yesterday, Tuesday, February 28, 2006, for amendments to be received on third reading, was reported by the Clerk.
On motion of Senator Unger, the following amendment to the bill was reported by the Clerk:
On page six, section eleven, by adding the following:
(d) Before commencing an infrastructure project that will be transferred to the West Virginia Department of Transportation or utilize funds from the State Road Fund, the county commission shall submit the plan and proposed financing for the infrastructure project for review to the Department of Transportation, as provided in this subsection:
(1) The Department of Transportation shall create an application form which shall be used when requesting funding assistance from the state for projects and when seeking to transfer any component of the infrastructure project to the Department of Transportation. The application shall require such information as the Department of Transportation considers necessary to enable it to review the project.
(2) Notwithstanding anything in this section to the contrary, no infrastructure project may be approved by the Department of Transportation without the approval of the Commissioner of Highways, nor may state road funds be used, singly or together with funds from any other source, for any purpose or in any manner contrary to or prohibited by the Constitution and laws of this state or the federal government or where such use, in the sole discretion of the Commissioner of Highways, would jeopardize receipt of federal funds. No project or component thereof may become part of the state road system without the approval of the commissioner. Plans submitted to the Department of Transportation shall be reviewed and within thirty days of receiving a completed application shall either be approved or denied in writing. All transportation projects that are accepted as part of the state road system, and all real property interests and appurtenances, are under the exclusive jurisdiction and control of the commissioner, who may exercise the same rights and authority as he or she has over other transportation facilities in the state road system.
Following extended discussion,
The question being on the adoption of Senator Unger's amendment to the bill (S. B. No. 673), the same was put.
The result of the voice vote being inconclusive, Senator Unger demanded a division of the vote.
A standing vote being taken, there were eleven "yeas" and seventeen "nays".
Whereupon, the President declared Senator Unger's amendment to the bill rejected.
The bill was ordered to engrossment.
Engrossed Senate Bill No. 673 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Fanning, Foster, Guills, Helmick, Hunter, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--30.
The nays were: Facemyer, Harrison and Jenkins--3.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 673) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
On motion of Senator Chafin, the Senate recessed for fifteen minutes.
Upon expiration of the recess, the Senate reconvened and resumed business under the eighth order.
Eng. Senate Bill No. 680, Relating to Unified Carrier Registration System.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 680) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 692, Conforming consumers sales and service tax law to requirements of Streamlined Sales and Use Tax Agreement.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--30.
The nays were: Chafin, Deem and Sprouse--3.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 692) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
At the request of Senator Fanning, unanimous consent being granted, the Senate returned to the second order of business and the introduction of guests.
The Senate again proceeded to the eighth order of business.
Eng. Senate Bill No. 709, Relating to planning commission membership.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 709) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Com. Sub. for Senate Bill No. 728, Requiring background checks on certain emergency dispatch center employees; wireless enhanced 911 fee money distribution.
On third reading, coming up in regular order, with the right having been granted on yesterday, Tuesday, February 28, 2006, for amendments to be received on third reading, was reported by the Clerk.
On motion of Senator Helmick, the following amendment to the bill was reported by the Clerk and adopted:
On page two, by striking out everything after the enacting clause and inserting in lieu thereof the following:
That §7-1-3cc of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §24-6-2, §24-6-5 and §24-6-6b of said code be amended and reenacted, all to read as follows:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.

§7-1-3cc. Authority of county commissions to establish enhanced emergency telephone systems, technical and operational standards for emergency communications centers and standards for education and training of emergency communications systems personnel; standards for alarm systems; fee upon consumers of telephone service for the systems and for roadway conversion systems; authority to contract with the telephone companies for billing of fee.

(a) In addition to possessing the authority to establish an emergency telephone system pursuant to section four, article six, chapter twenty-four of this code, a county commission or the county commissions of two or more counties may, instead, establish an enhanced emergency telephone system or convert an existing system to an enhanced emergency system. The establishment of such a system shall be subject to the provisions of said article. The county commission may adopt rules after receiving recommendations from the West Virginia Enhanced 911 Council concerning the operation of all county emergency communications centers or emergency telephone systems centers in the state, including, but not limited to, recommendations for:
(1) Minimum standards for emergency telephone systems and emergency communications centers;
(2) Minimum standards for equipment used in any center receiving telephone calls of an emergency nature and dispatching emergency service providers in response to that call and which receives 911 moneys or has basic 911 service funded through its county commission; and
(3) Minimum standards for education and training of all personnel in emergency communications centers.
(b) A county commission may impose a fee upon consumers of local exchange service within that county for an enhanced emergency telephone system and associated electronic equipment and for the conversion of all rural routes to city-type addressing, as provided in section three of this article. The fee ~~is to be used~~ revenues may only be used solely and directly for the capital, installation, administration, operation and maintenance costs of the enhanced emergency telephone system and of the conversion to city-type addressing and including the reasonable costs associated with establishing, equipping, furnishing, operating or maintaining a county answering point. Effective on the first day of July, two thousand six, all county enhanced emergency telephone system fees that are in effect as of the first day of July, two thousand six, and as such may later be modified by action of a county commission, shall be imposed upon in-state subscribers to voice over internet protocol (VoIP) service, as VoIP service is defined by the Federal Communications Commission of the United States. A nonbusiness VoIP service subscriber shall be considered in-state if the primary residence of the subscriber is located within West Virginia. A business subscriber shall be considered in-state if the site at which the service is primarily used is located within West Virginia. The Public Service Commission may, as it deems appropriate and in accordance with the requirements of due process, issue and enforce orders, as well as adopt and enforce rules, dealing with matters concerning the imposition of county-enhanced emergency telephone system fees upon VoIP service subscribers.
(c) A county commission may contract with the telephone company or companies providing local exchange service within the county for the telephone company or companies to act as the billing agent or agents of the county commission for the billing of the fee imposed pursuant to subsection (b) of this section. The cost for the billing agent services may be included as a recurring maintenance cost of the enhanced emergency telephone system.
Where a county commission has contracted with a telephone company to act as its billing agent for enhanced emergency telephone system fees, all competing local exchange telephone companies with customers in that county shall bill the enhanced emergency telephone system fees to its respective customers located in that county, and shall remit the fee. It may deduct its respective costs for billing in the same manner as the acting billing agent for the enhanced emergency telephone system fee.
(d) A county commission of any county with an emergency communications center or emergency telephone system may establish standards for alarm systems, including security, fire and medical alarms.
(e) The books and records of all county answering points that benefit from the imposition of the local exchange service fees shall be subject to annual examination by the State Auditor's office.
CHAPTER 24. PUBLIC SERVICE COMMISSION.
ARTICLE 6. LOCAL EMERGENCY TELEPHONE SYSTEM.
§24-6-2. Definitions.
As used in this article, unless the context clearly requires a different meaning:
(1) "Commercial mobile radio service provider" or "CARS provider" means cellular licensees, broadband personal communications services (PCS) licensees and specialized mobile radio (SAR) providers, as those terms are defined by the Federal Communications Commission, which offer on a postpaid or prepaid basis or via a combination of those two methods, real-time, two-way switched voice service that is interconnected with the public switched network, and includes resellers of any commercial mobile radio service.
(2) "County answering point" means a facility to which enhanced emergency telephone system calls for a county are initially routed for response and where county personnel respond to specific requests for emergency service by directly dispatching the appropriate emergency service provider, relaying a message to the appropriate provider or transferring the call to the appropriate provider.
(3) "Emergency services organization" means the organization established under article five, chapter fifteen of this code.
(4) "Emergency service provider" means any emergency services organization or public safety unit.
(5) "Emergency telephone system" means a telephone system which through normal telephone service facilities automatically connects a person dialing the primary emergency telephone number to an established public agency answering point, but does not include an enhanced emergency telephone system.
(6) "Enhanced emergency telephone system" means a telephone system which automatically connects the person dialing the primary emergency number to the county answering point and in which the telephone network system automatically provides to personnel receiving the call, immediately on answering the call, information on the location and the telephone number from which the call is being made, and upon direction from the personnel receiving the call routes or dispatches the call by telephone, radio or any other appropriate means of communication to emergency service providers that serve the location from which the call is made.
(7) "Public agency" means the state, and any municipality, county, public district or public authority which provides or has authority to provide fire-fighting, police, ambulance, medical, rescue or other emergency services.
(8) "Public safety unit" means a functional division of a public agency which provides fire-fighting, police, medical, rescue or other emergency services.
(9) "Telephone company" means any public utility and any CARS provider which is engaged in the provision of telephone service whether primarily by means of wire or wireless facilities.
(10) "Comprehensive plan" means a plan pertaining to the installing, modifying or replacing of telephone switching equipment; a telephone utility's response in a timely manner to requests for emergency telephone service by a public agency; a telephone utility's responsibility to report to the Public Service Commission; charges and tariffs for the services and facilities provided by a telephone utility; and access to an emergency telephone system by emergency service organizations.
(11) "Technical and operational standards" means those standards of telephone equipment and processes necessary for the implementation of the comprehensive plan as defined in subdivision (10) of this subsection.
§24-6-5. Enhanced emergency telephone system requirements.
(a) An enhanced emergency telephone system, at a minimum, shall provide that:
(1) All the territory in the county, including every municipal corporation in the county, which is served by telephone company central office equipment that will permit such a system to be established shall be included in the system: Provided, That if a portion of the county or a portion of a municipal corporation within the county is already being served by an enhanced emergency telephone system, that portion of the county or municipality may be excluded from the county enhanced emergency telephone system;
(2) Every emergency service provider that provides emergency service within the territory of a county participate in the system;
(3) Each county answering point be operated constantly;
(4) Each emergency service provider participating in the system maintain a telephone number in addition to the one provided for in the system; and
(5) If the county answering point personnel reasonably determines that a call is not an emergency, the personnel provides the caller with the number of the appropriate emergency service provider.
(b) To the extent possible, enhanced emergency telephone systems shall be centralized.
(c) In developing an enhanced emergency telephone system, the county commission or the West Virginia State Police shall seek the advice of both the telephone companies providing local exchange service within the county and the local emergency providers.
(d) As a condition of employment, any person employed to act as the director of an emergency dispatch center, who dispatches emergency calls or supervises the dispatching of emergency call takers, shall be subject to an investigation of their character and background. This investigation shall include, at a minimum, a criminal background check conducted by the State Police at its expense. A felony conviction shall preclude such person from holding any of these positions. This requirement applies prospectively. The requirement takes effect on the first day of July, two thousand six.
~~(d)~~ (e) As a condition of continued employment, persons employed to dispatch emergency calls shall successfully complete a forty-hour nationally recognized training course for dispatchers within one year of the date of their employment; except that persons employed to dispatch emergency calls prior to the effective date of this subsection, as a condition of continuing employment, shall successfully complete such a course not later than the first day of July, one thousand nine hundred ninety-five.
~~(e)~~ (f) Each county or municipality shall appoint for each answering point an enhanced emergency telephone system advisory board consisting of at least six members to monitor the operation of the system. The board shall be appointed by the county or municipality and shall include at least one member from affected fire service providers, law-enforcement providers, emergency medical providers and emergency services providers participating in the system and at least one member from the county or municipality. The board may make recommendations to the county or municipality concerning the operation of the system.
In addition, the director of the county or municipal enhanced telephone system shall serve as an ex officio member of the advisory board. The initial advisory board shall serve staggered terms of one, two and three years. The initial terms of these appointees shall commence on the first day of July, one thousand nine hundred ninety-four. All future appointments shall be for terms of three years, except that an appointment to fill a vacancy shall be for the unexpired term. All members shall serve without compensation. The board shall adopt such policies, rules and regulations as are necessary for its own guidance. The board shall meet monthly on the day of each month which the board may designate. The board may make recommendations to the county or municipality concerning the operation of the system.
~~(f)~~ (g) Any advisory board established prior to the first day of January, one thousand nine hundred ninety-four, shall have three years to meet the criteria of subsection (e) of this section.
~~(g)~~ (h) Nothing herein contained shall be construed to prohibit or discourage in any way the establishment of multijurisdictional or regional systems, or multijurisdictional or regional agreements for the establishment of enhanced emergency telephone systems, and any system established pursuant to this article may include the territory of more than one public agency, or may include only a portion of the territory of a public agency.
§24-6-6b. Wireless enhanced 911 fee.
(a) Beginning on the first day of ~~January, one~~ July, two thousand ~~nine hundred ninety-eight~~ six, all CARS providers, as defined in section two of this article shall, on a monthly basis, or otherwise for good cause and as directed by order of the Public Service Commission collect from each of their in-state two-way service subscribers a wireless enhanced 911 fee. As used in this section "in-state two-way service subscriber" shall have the same meaning as that set forth in the rules of the Public Service Commission. No later than the first day of ~~August, one~~ June, two thousand ~~nine hundred ninety-eight~~ six, the Public Service Commission shall, after the receipt of comments and the consideration of evidence presented at a hearing, issue an updated order which directs the CARS providers regarding all relevant details of wireless enhanced 911 fee collection, including the determination of who is considered an in-state two-way service subscriber and which shall specify how the CARS providers shall deal with fee collection shortfalls caused by uncollectible accounts. The Public Service Commission shall solicit the views of the wireless telecommunications utilities prior to issuing the order.
(b) The wireless enhanced 911 fee is three dollars per month for each valid retail commercial mobile radio service subscription, as that term is defined by the Public Service Commission in its order issued under subsection (a) of this section: Provided, That beginning on the first day of July, two thousand five, the wireless enhanced 911 fee shall include ten cents to be distributed to the West Virginia State Police to be used for equipment upgrades for improving and integrating their communication efforts with those of the enhanced 911 systems: Provided, however, That for the fiscal year beginning on the first day of July, two thousand five, and for every fiscal year thereafter, one million dollars of the wireless enhanced 911 fee shall be distributed by the Public Service Commission to subsidize the construction of towers. The moneys shall be deposited in a fund administered by the West Virginia Public Service Commission, entitled "Enhanced 911 Wireless Tower Access Assistance Fund", and shall be expended in accordance with an enhanced 911 wireless tower access matching grant order adopted by the Public Service Commission. The commission order shall contain terms and conditions designed to provide financial assistance loans or grants to state agencies, political subdivisions of the state and wireless telephone carriers for the acquisition, equipping and construction of new wireless towers, which would provide enhanced 911 service coverage, and which would not be available otherwise due to marginal financial viability of the applicable tower coverage area: Provided further, That the grants shall be allocated among potential sites based on application from county commissions demonstrating the need for enhanced 911 wireless coverage in specific areas of this state. Any tower constructed with assistance from the fund created by this subdivision shall be available for use by emergency services, fire departments and law-enforcement agencies communication equipment, so long as that use does not interfere with the carrier's wireless signal: And provided further, That the Public Service Commission shall promulgate rules in accordance with article three, chapter twenty-nine-a of this code to effectuate the provisions of this subsection. The Public Service Commission is specifically authorized to promulgate emergency rules: And provided further, That for the fiscal year beginning on the first day of July, two thousand six, and for every fiscal year thereafter, five percent of the wireless enhanced 911 fee money received by the Public Service Commission shall be deposited in a special fund established by the Division of Homeland Security and Emergency Management to be used solely for the construction, maintenance and upgrades of the West Virginia Interoperable Radio Project and any other costs associated with establishing and maintaining the infrastructure of the system. Any funds remaining in this fund at the end of the fiscal year shall automatically be reappropriated for the following year..
(c) Beginning in the year one thousand nine hundred ninety-seven, and every two years thereafter, the Public Service Commission shall conduct an audit of the wireless enhanced 911 fee and shall recalculate the fee so that it is the weighted average rounded to the nearest penny, as of the first day of March of the respecification year, of all of the enhanced 911 fees imposed by the counties which have adopted an enhanced 911 ordinance: Provided, That the wireless enhanced 911 fee may never be increased by more than twenty-five percent of its value at the beginning of the respecification year: Provided, That the fee may never be less than the amount set in subsection (b) of this section: Provided however, That beginning on the first day of July, two thousand five, the wireless enhanced 911 fee shall include ten cents to be distributed to the West Virginia State Police to be used for equipment upgrades for improving and integrating their communication efforts with those of the enhanced 911 systems: And provided further, That beginning on the first day of July, two thousand five, one million dollars of the wireless enhanced 911 fee shall be distributed by the Public Service Commission to subsidize the construction of wireless towers as specified in subsection (b) of this section.
(d) The CARS providers shall, after retaining a three-percent billing fee, send the wireless enhanced 911 fee moneys collected, on a monthly basis, to the Public Service Commission. The Public Service Commission shall, on a quarterly and approximately evenly staggered basis, disburse the fee revenue in the following manner:
(1) Each county that does not have a 911 ordinance in effect as of the original effective date of this section in the year one thousand nine hundred ninety-seven or has enacted a 911 ordinance within the five years prior to the original effective date of this section in the year one thousand nine hundred ninety-seven shall receive eight and one-half tenths of one percent of the fee revenues received by the Public Service Commission: Provided, That after the effective date of this section, in the year two thousand five, when two or more counties consolidate into one county to provide government services, the consolidated county shall receive one percent of the fee revenues received by the Public Service Commission for itself and for each county merged into the consolidated county. Each county shall receive eight and one-half tenths of one percent of the remainder of the fee revenues received by the Public Service Commission: Provided, however, That after the effective date of this section, in the year two thousand five, when two or more counties consolidate into one county to provide government services, the consolidated county shall receive one percent of the fee revenues received by the Public Service Commission for itself and for each county merged into the consolidated county. Then, from any moneys remaining, each county shall receive a pro rata portion of that remainder based on that county's population as determined in the most recent decennial census as a percentage of the state total population. The Public Service Commission shall recalculate the county disbursement percentages on a yearly basis, with the changes effective on the first day of July, and using data as of the preceding first day of March. The public utilities which normally provide local exchange telecommunications service by means of lines, wires, cables, optical fibers or by other means extended to subscriber premises shall supply the data to the Public Service Commission on a county- specific basis no later than the first day of June of each year;
(2) Counties which have an enhanced 911 ordinance in effect shall receive their share of the wireless enhanced 911 fee revenue for use in the same manner as the enhanced 911 fee revenues received by those counties pursuant to their enhanced 911 ordinances;
(3) The Public Service Commission shall deposit the wireless enhanced 911 fee revenue for each county which does not have an enhanced 911 ordinance in effect into an escrow account which it has established for that county. Any county with an escrow account may, immediately upon adopting an enhanced 911 ordinance, receive the moneys which have accumulated in the escrow account for use as specified in subdivision (2) of this subsection: Provided, That a county that adopts a 911 ordinance after the original effective date of this section in the year one thousand nine hundred ninety- seven or has adopted a 911 ordinance within five years of the original effective date of this section in the year one thousand nine hundred ninety-seven shall continue to receive one percent of the total 911 fee revenue for a period of five years following the adoption of the ordinance. Thereafter, each county shall receive that county's eight and one-half tenths of one percent of the remaining fee revenue, plus that county's additional pro rata portion of the fee revenues then remaining, based on that county's population as determined in the most recent decennial census as a percentage of the state total population: Provided, however, That every five years from the year one thousand nine hundred ninety- seven, all fee revenue residing in escrow accounts shall be disbursed on the pro rata basis specified in subdivision (1) of this subsection, except that data for counties without enhanced 911 ordinances in effect shall be omitted from the calculation and all escrow accounts shall begin again with a zero balance.
(e) CARS providers have the same rights and responsibilities as other telephone service suppliers in dealing with the failure by a subscriber of a CARS provider to timely pay the wireless enhanced 911 fee.
(f) Notwithstanding the provisions of section one-a of this article, for the purposes of this section, the term "county" means one of the counties provided in section one, article one, chapter one of this code.
(g) From any funds distributed to a county pursuant to this section, a total of three percent shall be set aside in a special fund to be used exclusively for the purchase of equipment that will provide information regarding the x and y coordinates of persons who call an emergency telephone system through a commercial mobile radio service: Provided, That upon purchase of the necessary equipment, the special fund shall be dissolved and any surplus shall be used for general operation of the emergency telephone system as may otherwise be provided by law.
The bill, as just amended, was ordered to engrossment.
Engrossed Committee Substitute for Senate Bill No. 728 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 728) passed.
On motion of Senator Helmick, the following amendment to the title of the bill was reported by the Clerk and adopted:
On pages one and two, by striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 728--A Bill to amend and reenact §7-1-3cc of the Code of West Virginia, 1931, as amended; and to amend and reenact §24-6-2, §24-6-5 and §24-6-6b of said code, all relating to redefining in-state subscriber to include voice over internet protocol subscribers; authorizing Public Service Commission to issue and enforce orders dealing with matters concerning imposition of fees on VoIP service subscribers; amending definition of commercial mobile radio service provider to include prepaid and postpaid services; requiring directors of emergency dispatch centers to undergo background checks; precluding convicted felons from serving as emergency directors of emergency dispatch centers; effective date; authorizing Public Service Commission to enhanced 911 service fees from in-state two-way subscribers; authorizing Public Service Commission to define in-state two-way subscriber; enhanced emergency telephone system requirements; requiring an investigation on character and criminal background to be conducted by and at the expense of the State Police on certain persons to be employed in an emergency dispatch center; prohibiting persons with felony convictions from holding certain positions; and assignment of a portion of the wireless enhanced 911 fee money received by Public Service Commission to Homeland Security and Emergency Management.
Senator Chafin moved that the bill take effect July 1, 2006.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 728) takes effect July 1, 2006.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 752, Continuing poison control center.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 752) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 753, Extending time for Grant County board of education to meet as levying body.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Bowman, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Eng. Senate Bill No. 759, Creating Highway Design-Build Procurement Act.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 759) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 767, Authorizing business registration certificate revocation of employer in default.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 767) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 767) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 770, Relating to continuing education of osteopathic physician assistants.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 770) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 770) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 773, Relating to certificate of need standards.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 773) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 774, Organizing offices in Department of Environmental Protection.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 774) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 780, Relating to gift certificates.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 780) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2006.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 780) takes effect July 1, 2006.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 781, Relating to long-term leases for wireless communication towers on public lands.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 781) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 782, Relating to READS grant program.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 782) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 783, Relating to National Board for Professional Teaching Standards certification.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 783) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 784, Relating to teacher certification.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 784) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 785, Relating to school physical education requirements.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 785) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 787, Creating Transportation Coordinating Council.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 787) passed.
On motion of Senator Bowman, the following amendment to the title of the bill was reported by the Clerk and adopted:
On page one, by striking out the title and substituting therefor a new title, to read as follows:
Eng. Senate Bill No. 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, §17-16D-4 and §17-16D-5, 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; requiring the use of public transit systems under certain circumstances; and continuation of the Transportation Coordinating Council.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 788, Relating to elections.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 788) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 788) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 789, Authorizing limited arrest powers for day report officers.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 789) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 789) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 790, Relating to workers' compensation decision appeals.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 790) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 790) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 791, Clarifying offenses and penalties relating to ephedrine, pseudoephedrine and phenylpropanolamine.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 791) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 792, Merging Fairmont State Community and Technical College with Fairmont State University; renaming Community and Technical College of Shepherd.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 792) passed.
On motion of Senator Plymale, the following amendment to the title of the bill was reported by the Clerk and adopted:
On pages one and two, by striking out the title and substituting therefor a new title, to read as follows:
Eng. Senate Bill No. 792--A Bill to amend and reenact §18B-1-2 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §18B-1-7; to amend and reenact §18B-1B-6 of said code; to amend and reenact §18B-3C-4 and §18B-3C-8 of said code; to amend said code by adding thereto a new section, designated §18B-3C-13; and to amend and reenact §18B-6-1 and §18B-6-1a of said code, all relating to merging Fairmont State Community and Technical College with Fairmont State University; clarifying definitions; dissolving certain advisory board; clarifying process for delivery of community and technical college education in certain location; providing exception to process for achieving independently accredited community and technical colleges; designating Community and Technical College of Shepherd as Blue Ridge Community and Technical College; making technical corrections; and repealing obsolete provisions.
Senator Chafin moved that the bill take effect July 1, 2006.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 792) takes effect July 1, 2006.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 4019, Relating to the preparation and distribution of a digest or summary of the budget bill.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Eng. Com. Sub. for House Bill No. 4047, Relating to part-time prosecuting attorneys.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Eng. Com. Sub. for House Bill No. 4063, Expanding the authority of the Commissioner of Banking concerning use of certain banking terms in connection with the name of a business.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
The end of today's third reading calendar having been reached, the Senate returned to the consideration of
Com. Sub. for Senate Bill No. 127, Relating to regional education service agencies.
On third reading, coming up in deferred order, with an unreported Finance committee amendment pending, and with the right having been granted on yesterday, Tuesday, February 28, 2006, for further amendments to be received on third reading, was again reported by the Clerk.
At the request of Senator Helmick, as chair of the Committee on Finance, and by unanimous consent, the unreported Finance committee amendment to the bill was withdrawn.
On motions of Senators Plymale and Sprouse, the following amendment to the bill was reported by the Clerk and adopted:
On page three, section fifteen-a, line twenty-four, after the word "six." by adding the following: If a recommendation to terminate the regional education service agencies is made, the superintendent is directed to make recommendations on which services currently being delivered by the regional education service agencies should be performed by the West Virginia Department of Education and which services should be performed by the county boards of education.
The bill, as just amended, was ordered to engrossment.
Engrossed Committee Substitute for Senate Bill No. 127 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 127) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Action as to Engrossed Committee Substitute for Senate Bill No. 127 having been concluded, the Senate proceeded to the consideration of
Com. Sub. for Senate Bill No. 205, Relating to sex offender registry.
On third reading, coming up in deferred order, with the right having been granted on yesterday, Tuesday, February 28, 2006, for amendments to be received on third reading, was again reported by the Clerk.
At the request of Senator Kessler, unanimous consent being granted, further consideration of the bill was deferred until the conclusion of bills on today's first reading calendar.
The Senate next proceeded to the consideration of
Eng. Com. Sub. for Senate Bill No. 570, Relating to fairness and equity in public school finance.
Having been read a third time in earlier proceedings today, and now coming up in deferred order, was again reported by the Clerk.
The question being "Shall Engrossed Committee Substitute for Senate Bill No. 570 pass?"
On the passage of the bill, the yeas were: Bailey, Bowman, Caruth, Chafin, Dempsey, Edgell, Fanning, Foster, Guills, Helmick, Jenkins, Kessler, Love, McCabe, McKenzie, Oliverio, Plymale, Prezioso, Sharpe and Tomblin (Mr. President)--20.
The nays were: Barnes, Boley, Deem, Facemyer, Harrison, Hunter, Minard, Minear, Sprouse, Unger, Weeks, White and Yoder--13.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 570) passed.
On motion of Senator Plymale, the following amendment to the title of the bill was reported by the Clerk and adopted:
On pages one and two, by striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 570--A Bill to amend and reenact §11-1C-5 and §11-1C-9 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §11-1C-5b; to amend and reenact §11-8-6f of said code; to amend and reenact §18-9A-2 and §18-9A-11 of said code; and to amend and reenact §18A-4-5 of said code, all relating to the enforcement of certain requirements relating to property assessments; including declaring refusal to comply with certain provisions grounds for removal from office; eliminating any variance from the sixty percent of current market value or the appropriate ratio; requiring the Tax Commissioner annually to prepare an assessment ratio study indicating the median ratio of assessed values to the actual selling prices for certain real properties; phasing in over six years the requirement that each county's local share be calculated based on what the assessment ratio study indicates is sixty percent of market value of certain properties; requiring adjustments to certain property as indicated by the assessment ratio study; amending the definition of growth county; updating the Growth County School Facilities Act to be consistent with new method of calculating local share; clarifying the definition of adjusted enrollment; reducing the percentage of the levy rate for county boards of education used in the calculation of local share; eliminating obsolete language; requiring the State Board of Education to develop and maintain state equity salary schedules for teachers and service personnel; and making other technical changes.
Senator Chafin moved that the bill take effect July 1, 2006.
On this question, the yeas were: Bailey, Bowman, Caruth, Chafin, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, White and Tomblin (Mr. President)--25.
The nays were: Barnes, Boley, Deem, Harrison, Minear, Unger, Weeks and Yoder--8.
Absent: Lanham--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 570) takes effect July 1, 2006.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Action as to Engrossed Committee Substitute for Senate Bill No. 570 having been concluded, the Senate proceeded to the consideration of
Com. Sub. for Com. Sub. for Senate Bill No. 653, Relating to duties of Chief Technology Officer; establishing Technology Infrastructure Fund.
On third reading, coming up in deferred order, with the right having been granted on yesterday, Tuesday, February 28, 2006, for amendments to be received on third reading, was again reported by the Clerk.
On motion of Senator Plymale, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
On page nine, section four, line sixty-seven, after the word "to" by inserting the word "higher";
On page twenty-two, after section six, by inserting a new section, designated section eight, to read as follows:
§5A-6-8. Exemptions.
(a) The provisions of this article do not apply to the Legislature or the judiciary.
(b) Notwithstanding any other provision of this article to the contrary, except for participation in the compilation and maintenance of an inventory of information technology and technical infrastructure of the state authorized by section four of this article, the provisions of this article do not apply to the West Virginia Board of Education, the West Virginia Department of Education or the county boards of education. However, the West Virginia Board of Education, the West Virginia Department of Education and the county boards of education will attempt to cooperate and collaborate with the chief technology officer to the extent feasible.;
And,
On page two, by striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:
That §5A-6-1, §5A-6-2, §5A-6-4, §5A-6-5, §5A-6-6 and §5A-6-8 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto three new sections, designated §5A-6-4a, §5A-6-4b and §5A-6-9, all to read as follows:.
The bill, as just amended, was ordered to engrossment.
Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 653 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 653) passed.
On motion of Senator Plymale, the following amendment to the title of the bill was reported by the Clerk and adopted:
On pages one and two, by striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 653--A Bill to amend and reenact §5A-6-1, §5A-6-2, §5A-6-4, §5A-6-5, §5A-6-6 and §5A-6-8 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto three new sections, designated §5A-6-4a, §5A-6-4b and §5A-6-9, all relating to the Office of Technology; making legislative findings; defining technical infrastructure, information technology projects and steering committee; detailing duties, powers and authority of the Chief Technology Officer; developing four-year strategic plan, inventory and specifications for the maintenance of information technology and technical infrastructure; promulgating legislative and emergency rules; securing state government information; managing information technology and establishing a Project Management Office; requiring state spending units to provide notice and obtain approval of Chief Technology Officer for certain information technology and telecommunication projects; exempting certain public education entities; and establishing and administering the West Virginia Technology Infrastructure Fund.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Action as to Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 653 having been concluded, the Senate proceeded to the consideration of
Eng. Senate Bill No. 656, Providing whistle-blower protection to nonunion miners.
On third reading, coming up in deferred order, was again reported by the Clerk.
At the request of Senator Sprouse, unanimous consent was granted to offer an amendment to the bill on third reading.
Thereupon, on motions of Senators Sprouse and Caruth, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
On page two, section seventy-one-b, by striking out the section caption and substituting therefor a new section caption, to read as follows:

§22A-2-71b. Whistle-blower protection for complainants in mines.;

On page two, section seventy-one-b, line two, by striking out the word "nonunion";
And,
On page two, section seventy-one-b, line five, after the word "site," by striking out the remainder of the paragraph and inserting in lieu thereof the words "such miner or employee may not be discriminated against as a result of having made such complaint."
The bill, as just amended, was again ordered to engrossment.
Engrossed Senate Bill No. 656 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 656) passed.
On motions of Senators Sprouse and Caruth, the following amendment to the title of the bill was reported by the Clerk and adopted:
On page one, by striking out the title and substituting therefor a new title, to read as follows:
Eng. Senate Bill No. 656-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22A-2-71b, relating to providing whistle-blower protection to miners who complain to government authorities about health or safety hazards existing at mine sites where they are employed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Eng. Com. Sub. for House Bill No. 2638, Increasing the amount of allowable equity investments in municipal police and fire pension plans.
On second reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Eng. House Bill No. 4751, Extending the time for the Board of Education of the County of Grant to meet as a levying body.
On second reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate recessed until 4 p.m. today.
Upon expiration of the recess, the Senate reconvened and proceeded to the tenth order of business.
Com. Sub. for Com. Sub. for Senate Bill No. 53, Changing ratio of school nurses to enrollment.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
The bill (Com. Sub. for Com. Sub. for S. B. No. 53) was then read a second time.
On motion of Senator Helmick, the following amendments to the bill were reported by the Clerk and adopted:
On page seven, after section twenty-two, by adding the following:

ARTICLE 9A. PUBLIC SCHOOL SUPPORT.

§18-9A-25. State allowance for additional school nurses and state teacher of the year salary.

(a) To provide for the support of the additional number of school nurses that were required by changing the school nurse ratio in section twenty-two, article five of this chapter during the two thousand six regular session of the Legislature from requiring one school nurse for every one thousand five hundred kindergarten through seventh grade pupils to one school nurse for every one thousand five hundred pre-school through twelfth grade pupils, annually, there shall be appropriated from the General Revenue Fund an amount sufficient to distribute to each county board an amount determined by multiplying the additional number of school nurses required in each county on a full-time equivalency basis by that county's average state minimum funded salary as computed in determining the basic allowance for professional educators under section four of this article plus an additional amount for fixed charges computed by using the rates specified or determined in section six of this article plus an additional amount for the Public Employees Insurance Agency computed by multiplying the number of nurses determined above by the average premium rate for all county board of education employees established by the Public Employees Insurance Agency Finance Board pursuant to the provisions of section twenty-four of this article.
(b) To provide for the support of a sabbatical for the state teacher of the year, there shall be appropriated for that purpose from the General Revenue Fund an amount equal to the state average contractual salary for teachers for the year in which the teacher is selected as state teacher of the year.;
And,
On page two, by striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:
That §18-5-22 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §18-9A-25 of said code be amended and reenacted, all to read as follows:.
The bill, as amended, was ordered to engrossment and third reading.
Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 53 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 53) passed.
On motion of Senator Helmick, the following amendment to the title of the bill was reported by the Clerk and adopted:
On page one, by striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 53--A Bill to amend and reenact §18-5-22 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-9A-25 of said code, all relating to changing the required ratio of school nurses in each county from one nurse per every one thousand five hundred students in kindergarten through seventh grade to one nurse per every one thousand five hundred students in preschool through twelfth grade; and providing a funding formula for increased costs.
Senator Chafin moved that the bill take effect July 1, 2006.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 53) takes effect July 1, 2006.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Bill No. 443, Continuing hazardous waste management fee.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
The bill (S. B. No. 443) was then read a second time.
The following amendment to the bill, from the Committee on Finance, was reported by the Clerk:
On page four, section twenty-two, line fifty-seven, by striking out the word "eleven" and inserting in lieu thereof the word "seven".
The question being on the adoption of the Finance committee amendment to the bill, the same was put and did not prevail.
The bill was ordered to engrossment and third reading.
Engrossed Senate Bill No. 443 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sharpe, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--32.
The nays were: Minear and Sprouse--2.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 443) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sharpe, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--32.
The nays were: Minear and Sprouse--2.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 443) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Com. Sub. for Com. Sub. for Senate Bill No. 519, Relating to parental notification requirements for abortions performed on unemancipated minors.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--29.
The nays were: Foster, Lanham, McCabe, Sharpe and Yoder--5.
Absent: None.
The bill (Com. Sub. for Com. Sub. for S. B. No. 519) was then read a second time.
On motions of Senators Kessler, Yoder and Foster, the following amendment to the bill was reported by the Clerk and adopted:
On page twenty-nine, section eight, lines twenty-four through twenty-eight, by striking out all of subsection (c) and inserting in lieu thereof a new subsection (c), to read as follows:
(c) Any person who knowingly performs an abortion upon an unemancipated minor in violation of this article or who knowingly fails to conform to any requirement of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned in jail not more than one year, or both.
On motion of Senator Kessler, the following amendments to the bill (Com. Sub. for Com. Sub. for S. B. No. 519) were next reported by the Clerk, considered simultaneously, and adopted:
On page seven, section three, lines fifty-three and fifty- four, by striking out the words "family court";
On page twenty-one, section five, line forty-five, by striking out the words "family court";
And,
On page thirty, section nine, line ten, by striking out the word "constitutionality" and inserting in lieu thereof the word "unconstitutionality".
The bill, as amended, was ordered to engrossment and third reading.
Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 519 was then read a third time and put upon its passage.
Pending discussion,
The question being "Shall Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 519 pass?"
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--32.
The nays were: Foster and McCabe--2.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 519) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Thereafter, at the request of Senator McCabe, and by unanimous consent, the remarks by Senator Foster regarding the passage of Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 519 were ordered printed in the Appendix to the Journal.
Com. Sub. for Senate Bill No. 644, Authorizing motor vehicle insurance verification program.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
The bill was read a second time and ordered to engrossment and third reading.
Engrossed Committee Substitute for Senate Bill No. 644 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 644) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Bill No. 666, Allowing use of accumulated sick leave for family leave.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
The bill was read a second time and ordered to engrossment and third reading.
Engrossed Senate Bill No. 666 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 666) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Com. Sub. for Senate Bill No. 754, Clarifying risk categories covered by farmers' mutual insurance companies.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
The bill was read a second time and ordered to engrossment and third reading.
Engrossed Committee Substitute for Senate Bill No. 754 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 754) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Com. Sub. for Senate Bill No. 755, Relating to Physicians' Mutual Insurance Company.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
The bill was read a second time and ordered to engrossment and third reading.
Engrossed Committee Substitute for Senate Bill No. 755 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 755) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Bill No. 765, Relating to start of workday for school bus operators and transportation aides.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
The bill (S. B. No. 765) was then read a second time.
The following amendments to the bill, from the Committee on Education, were reported by the Clerk, considered simultaneously, and adopted:
On page ten, section eight, line one hundred eighty-one, by striking out the words "shall include" and inserting in lieu thereof the word "includes";
On page fifteen, section eight, line two hundred ninety-three, by striking out the words "should also" and inserting in lieu thereof the words "also should";
On page sixteen, section eight, line three hundred four, by striking out the word "such" and inserting in lieu thereof the words "brick and block";
On page twenty-five, section eight, lines four hundred ninety- four and four hundred ninety-five, by striking out the words "board of education" and inserting in lieu thereof the words "county board";
And,
On page twenty-five, section eight, line five hundred two, by striking out the word "driver" and inserting in lieu thereof the word "employee".
The bill, as amended, was ordered to engrossment and third reading.
Engrossed Senate Bill No. 765 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 765) passed.
The following amendment to the title of the bill, from the Committee on Education, was reported by the Clerk and adopted:
On page one, by striking out the title and substituting therefor a new title, to read as follows:
Eng. Senate Bill No. 765--A Bill to amend and reenact §18A-4-8 of the Code of West Virginia, 1931, as amended, relating to prohibiting boards of education from requiring bus operators and transportation aides from starting their respective workdays other than at a board-owned facility; and addressing the commencement and the end of the bus operator and transportation aide workday.
Senator Chafin moved that the bill take effect July 1, 2006.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 765) takes effect July 1, 2006.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The end of today's first reading calendar having been reached, the Senate returned to the consideration of
Com. Sub. for Senate Bill No. 205, Relating to sex offender registry.
On third reading, coming up in deferred order, with the right having been granted on yesterday, Tuesday, February 28, 2006, for amendments to be received on third reading, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, further consideration of the bill was deferred until the conclusion of standing committee reports now lodged with the Clerk.
At the request of Senator Chafin, and by unanimous consent, the Senate returned to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 32, Relating to educational opportunities for children of military personnel.
Now on second reading, having been read a first time and referred to the Committee on Finance on February 24, 2006;
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (S. B. No. 32) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
Engrossed Senate Bill No. 32 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 32) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2006.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 32) takes effect July 1, 2006.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 206 (originating in the Committee on Judiciary), Relating to floodplain management and flood debris cleanup.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 206 (originating in the Committee on Finance)--A Bill to amend and reenact §7-1-3u of the Code of West Virginia, 1931, as amended; to amend and reenact §21-9-4 and §21-9-12 of said code; and to amend and reenact §24-2-2 of said code, all relating to floodplain management and flood debris generally; requiring floodplain management plans to regulate new construction, placement of manufactured housing and storage of materials which may become flood debris or present additional flood hazards; requiring local governments to establish process for approval of construction or installation of residence or business in floodplain; authorizing reasonable fee for services provided by local government; requiring local governments establish penalties for violations of floodplain management ordinances or plans; authorizing Division of Labor to regulate installation of manufactured housing in regulated floodplains; authorizing rulemaking; requiring licensed dealers and installers of manufactured housing obtain certificate of approval for installation of homes in regulated floodplains; providing for recordkeeping; providing for penalties; prohibiting connection of electric service to new construction of a residence or business or installation or relocation of manufactured housing in regulated floodplain without local government approval; requiring landowner to show proof of local government approval to electrical inspector or provide certification number; establishing certain requirements for filing complaints with the Public Service Commission; and requiring rulemaking by Pubic Service Commission.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 206) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Chafin moved that the constitutional rule requiring a bill to be read on three separate days be suspended.
The roll being taken, the yeas were: Bailey, Boley, Bowman, Chafin, Deem, Dempsey, Edgell, Fanning, Foster, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Sharpe, Unger, White and Tomblin (Mr. President)--23.
The nays were: Barnes, Caruth, Facemyer, Guills, Harrison, Lanham, McKenzie, Minear, Sprouse, Weeks and Yoder--11.
Absent: None.
So, less than four fifths of the members present and voting having voted in the affirmative, the President declared the motion to suspend the constitutional rule rejected.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 417, Relating to grievance procedures for education employees.
And has amended same.
Now on second reading, having been read a first time and referred to the Committee on Finance on February 24, 2006;
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 417) contained in the preceding report from the Committee on Finance was taken up for immediate consideration and read a second time.
The following amendments to the bill, from the Committee on Finance, were reported by the Clerk and adopted:
On page twenty-three, section ten-a, line fourteen, by striking out "(k)" and inserting in lieu thereof "(j)";
And,
On page forty-six, section thirteen, line twenty-six, by striking out "(k)" and inserting in lieu thereof "(j)".
The bill (Com. Sub. for S. B. No. 417), as amended, was then ordered to engrossment and third reading.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 469, Providing workers' compensation and licensing exemptions for certain surveyors.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (S. B. No. 469) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Sharpe, Unger, White, Yoder and Tomblin (Mr. President)--29.
The nays were: Guills, McKenzie, Minear, Sprouse and Weeks--5.
Absent: None.
The bill (S. B. No. 469) was then read a second time.
The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
On page four, section one, line five, by striking out the words "one employee" and inserting in lieu thereof the words "no more than one employee who is also".
The bill, as amended, was ordered to engrossment and third reading.
Engrossed Senate Bill No. 469 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 469) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 494, Requiring health insurance benefits for certain public improvement project workers.
With an amendment from the Committee on Banking and Insurance pending;
Now on second reading, having been read a first time and referred to the Committee on Finance on February 28, 2006;
And reports the same back with the recommendation that it do pass as amended by the Committee on Banking and Insurance to which the bill was first referred.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (S. B. No. 494) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a second time and ordered to engrossment and third reading.
Senator Chafin moved that the constitutional rule requiring a bill to be read on three separate days be suspended.
The roll being taken, the yeas were: Bailey, Barnes, Bowman, Chafin, Dempsey, Edgell, Fanning, Foster, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sharpe, Unger, White and Tomblin (Mr. President)--23.
The nays were: Boley, Caruth, Deem, Facemyer, Guills, Harrison, Lanham, Minear, Sprouse, Weeks and Yoder--11.
Absent: None.
So, less than four fifths of the members present and voting having voted in the affirmative, the President declared the motion to suspend the constitutional rule rejected.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 422 (originating in the Committee on the Judiciary), Relating to Turnpike commuter passes.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 422 (originating in the Committee on Finance)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-16A-17a, relating to allowing frequent commuters on the West Virginia Turnpike to turn in accumulated toll receipts in an amount equal to the cost of a calendar year commuter pass for a commuter pass for the remainder of the calendar year.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 422) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
The bill was read a second time and ordered to engrossment and third reading.
Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 422 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 422) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 422) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 651, Creating Miners' Health and Safety Equipment Investment Tax Credit.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 651 (originating in the Committee on Finance)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11- 13W-1, §11-13W-2, §11-13W-3, §11-13W-4, §11-13W-5 and §11-13W-6; and to amend and reenact §15-5-11 of said code, all relating to the miners' health and safety equipment investment tax credit; definitions; specifying the method for determining the tax credit; specifying when credit may be taken; and providing immunity from civil liability for duly qualified mine rescue teams aiding an accident victim.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 651) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Chafin moved that the constitutional rule requiring a bill to be read on three separate days be suspended.
The roll being taken, the yeas were: Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Fanning, Guills, Harrison, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Prezioso, Sharpe, Sprouse, Weeks, White, Yoder and Tomblin (Mr. President)--26.
The nays were: Bailey, Facemyer, Foster, Helmick, Hunter, Lanham, Plymale and Unger--8.
Absent: None.
So, less than four fifths of the members present and voting having voted in the affirmative, the President declared the motion to suspend the constitutional rule rejected.
At the request of Senator Chafin, and by unanimous consent, the Senate returned to the consideration of
Eng. Com. Sub. for Senate Bill No. 417, Relating to grievance procedures for education employees.
Having been read a second time and amended in earlier proceedings today.
Senator Chafin moved that the constitutional rule requiring a bill to be read on three separate days be suspended.
The roll being taken, the yeas were: Bailey, Barnes, Bowman, Chafin, Dempsey, Edgell, Fanning, Foster, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sharpe, Unger, White, Yoder and Tomblin (Mr. President)--24.
The nays were: Boley, Caruth, Deem, Facemyer, Guills, Harrison, Lanham, Minear, Sprouse and Weeks--10.
Absent: None.
So, less than four fifths of the members present and voting having voted in the affirmative, the President declared the motion to suspend the constitutional rule rejected.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 603, Renaming fourth Friday of November Lincoln's Day.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 603 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §2-2-1 of the Code of West Virginia, 1931, as amended, relating to renaming the day after Thanksgiving Day as Lincoln's Day.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 603) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
The bill was read a second time and ordered to engrossment and third reading.
Engrossed Committee Substitute for Senate Bill No. 603 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Helmick--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 603) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 654, Authorizing temporary detention of certain criminal suspects.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 654 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §62-1-1a, relating to the temporary detention of criminal suspects by law-enforcement officers to inquire on commission of a crime where probable cause appears to exist.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 654) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Helmick--1.
The bill was read a second time and ordered to engrossment and third reading.
Engrossed Committee Substitute for Senate Bill No. 654 was then read a third time and put upon its passage.
Pending discussion,
The question being "Shall Engrossed Committee Substitute for Senate Bill No. 654 pass?"
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Helmick--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 654) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Thereafter, at the request of Senator Plymale, and by unanimous consent, the remarks by Senator Jenkins regarding the passage of Engrossed Committee Substitute for Senate Bill No. 654 were ordered printed in the Appendix to the Journal.
Conclusion of standing committee reports having been concluded, the Senate returned to the consideration of
Com. Sub. for Senate Bill No. 205, Relating to sex offender registry.
On third reading, coming up in deferred order, with the right having been granted on yesterday, Tuesday, February 28, 2006, for amendments to be received on third reading, was again reported by the Clerk.
On motion of Senator Barnes, the following amendment to the bill was reported by the Clerk and adopted:
On page thirty, section nine-a, after line fifteen, by striking out all of subdivision (3), and inserting in lieu thereof the following:
(3) For a violation of section five of this article, the penalty shall be imprisonment for not less than five nor more than twenty-five years.
(4) For a violation of section seven of this article, the penalty shall be imprisonment in a state correctional facility for not less than five years nor more than twenty-five years.
(5) Notwithstanding the penalty provisions of section eight of this article, a violation of its provisions by a person previously designated a sexually violent predator or pedophile pursuant to the provisions of section two-d, article twelve, chapter fifteen of this code shall be a felony and the penalty therefor shall be imprisonment in a state correctional facility for not less than three years nor more than fifteen years.
(6) Notwithstanding the penalty provision of section nine of this article a violation of its provisions by a person previously designated a sexually violent predator or pedophile pursuant to article twelve, chapter fifteen of this code shall be a felony and the penalty therefor shall be imprisonment in a state correctional facility for not less than two years nor more than ten years.
On motion of Senator Barnes, the following amendment to the bill (Com. Sub. for S. B. No. 205) was next reported by the Clerk and adopted:
On page thirty, section nine-a, line three, after the word "predator" by inserting the words "or pedophile".
On motion of Senator Sprouse, the following amendment to the bill was next reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting the following:
That §15-12-1, §15-12-1a, §15-12-2, §15-12-2a, §15-12-2b and §15-12-8 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §61-2-14 of said code be amended and reenacted; that §61-8-6, §61-8-7 and §61-8-12 of said code be amended and reenacted; that §61-8B-3, §61-8B-4, §61-8B-5, §61-8B-7, §61-8B-8, §61-8B-9 and §61-8B-10 be amended and reenacted; that §61-8C-2 and §61-8C-3 be amended and reenacted; that §61-8D-5 and §61-8D-6 be amended and reenacted; that said code be amended by adding thereto a new article, designated §62-11D-1, §62-11D-2, §62-11D-3, §62-11D-4, §62-11D-5, §62-11D-6, §62-11D-7, §62-11D-8, §62-11D-9, §62-11D-10, §62-11D-11, §62-11D-12, §62-11D-13, §62-11D-14, §62-11D-15, §62-11D-16, §62-11D-17, §62-11D-18, §62-11D-19 and §62-11D-20; that §62-12-2 of said code be amended and reenacted; that §62-12-26 of said code be amended and reenacted; and that said code be amended by adding thereto a new section, designated §62-12-26a, all to read as follows:
CHAPTER 15. PUBLIC SAFETY.
ARTICLE 12. LOGAN GOODALL SEX OFFENDER REGISTRATION ACT.
§15-12-1. Short title.
This article may be cited as ~~the "Sex Offender Registration Act."~~ Logan's Law.
§15-12-1a. Intent and findings.
(a) It is the intent of this article to assist law-enforcement agencies' efforts to protect the public from sex offenders by requiring sex offenders to register with the State Police detachment in the county where he or she shall reside and by making certain information about sex offenders available to the public as provided in this article. It is not the intent of the Legislature that the information be used to inflict retribution or additional punishment on any person convicted of any offense requiring registration under this article. This article is intended to be regulatory in nature and not penal.
(b) The Legislature finds and declares that there is a compelling and necessary public interest that the public have information concerning persons convicted of sexual offenses in order to allow members of the public to adequately protect themselves and their children from these persons.
(c) The Legislature also finds and declares that persons required to register as sex offenders pursuant to this article have a reduced expectation of privacy because of the state's interest in public safety.
(d) The Legislature finds that a small but extremely dangerous group of sexually violent predators exists who do not have a mental disease or defect that renders them appropriate for the existing involuntary treatment provisions of this code, which is intended to be a short-term civil commitment system that is primarily designed to provide short-term treatment to individuals with serious mental disorders and then return them to the community. In contrast to persons appropriate for civil commitment, sexually violent predators generally have personality disorders and mental abnormalities which are not amenable to existing mental illness treatment modalities and those conditions render them likely to engage in sexually violent behavior. The Legislature further finds that sex offenders' likelihood of engaging in repeat acts of predatory sexual violence is high. The existing involuntary commitment procedure is inadequate to address the risk to reoffend because during confinement these offenders do not have access to potential victims and therefore they will not engage in an overt act during confinement as required by the involuntary treatment act for continued confinement. The Legislature further finds that the prognosis for curing sexually violent offenders is poor, the treatment needs of this population are very long term and the treatment modalities for this population are very different than the traditional treatment modalities for people appropriate for commitment under the involuntary treatment act.
In addition, the Legislature finds that current criminal penalties do not provide sufficient deterrent for perpetrators of criminal acts against children and that longer sentences and the elimination of "good time" and probation is especially needed for people convicted of sex offenses against minors and for the protection of the public.
§15-12-2. Registration.
(a) The provisions of this article apply both retroactively and prospectively.
(b) Any person who has been convicted of an offense or an attempted offense or has been found not guilty by reason of mental illness, mental retardation or addiction of an offense under any of the following provisions of chapter sixty-one of this code or under a statutory provision of another state, the United States Code or the Uniform Code of Military Justice which requires proof of the same essential elements shall register as set forth in subsection (d) of this section and according to the internal management rules promulgated by the superintendent under authority of section twenty-five, article two of this chapter:
(1) Article eight-b, including the provisions of former section six of said article, relating to the offense of sexual assault of a spouse, which was repealed by an act of the Legislature during the year two thousand legislative session;
(2) Article eight-c;
(3) Sections five and six, article eight-d;
(4) Section fourteen, article two; or
(5) Sections six, seven, twelve and thirteen, article eight.
(c) Any person who has been convicted of a criminal offense and the sentencing judge made a written finding that the offense was sexually motivated shall also register as set forth in this article.
(d) Persons required to register under the provisions of this article shall provide or cooperate in providing, at a minimum, the following when registering:
(1) The full name of the registrant, including any aliases, nicknames or other names used by the registrant;
(2) The address where the registrant intends to reside or resides at the time of registration, the name and address of the registrant's employer or place of occupation at the time of registration, the names and addresses of any anticipated future employers or places of occupation, the name and address of any school or training facility the registrant is attending at the time of registration and the names and addresses of any schools or training facilities the registrant expects to attend;
(3) The registrant's social security number;
(4) A full-face photograph of the registrant at the time of registration;
(5) A brief description of the crime or crimes for which the registrant was convicted;
(6) Fingerprints;
(7) Information related to any motor vehicle owned or regularly operated by a registrant; and
(8) Information relating to any internet accounts the registrant has and the screen names, user names or aliases the registrant uses on the internet.
(e) On the date that any person convicted or found not guilty by reason of mental illness, mental retardation or addiction of any of the crimes listed in subsection (b) of this section, hereinafter referred to as a "qualifying offense", including those persons who are continuing under some post-conviction supervisory status, are released, granted probation or a suspended sentence, released on parole, probation, home detention, work release, conditional release or any other release from confinement, the commissioner of corrections, regional jail administrator, city or sheriff operating a jail or Secretary of the Department of Health and Human Resources which releases the person and any parole or probation officer who releases the person or supervises the person following the release, shall obtain all information required by subsection (d) of this section prior to the release of the person, inform the person of his or her duty to register and send written notice of the release of the person to the State Police within three business days of receiving the information. The notice must include the information required by said subsection. Any person having a duty to register for a qualifying offense shall register upon conviction, unless that person is confined or incarcerated, in which case he or she shall register within three business days of release, transfer or other change in disposition status.
(f) For any ~~person determined to be a~~ sexually violent predator, the notice required by subsection (d) of this section must also include:
(1) Identifying factors, including physical characteristics;
(2) History of the offense; and
(3) Documentation of any treatment received for the mental abnormality or personality disorder.
(g) A sexually violent predator must report in person each year during the month of the sexually violent predator's birthday and during the sixth month following the sexually violent predator's birth month to the nearest State Police office of the county in which he or she resides or is otherwise located to reregister. The State Police office may determine the appropriate times and days for reporting by the sexually violent predator, which shall be consistent with the reporting requirements of this paragraph.
(h) Reregistration shall include any changes to the following information:
(1) Name; social security number; age; race; sex; date of birth; height; weight; hair and eye color; address of any permanent residence and address of any current temporary residence, within the state or out-of-state, including a rural route address and a post office box; date and place of any employment; vehicle make, model, color and license tag number; fingerprints; and photograph. A post office box may not be provided in lieu of a physical residential address;
(2) If the sexually violent predator is enrolled, employed or carrying on a vocation at an institution of higher education in this state, the sexually violent predator shall also provide to the department the name, address and county of each institution, including each campus attended, and the sexually violent predator's enrollment or employment status; and
(3) If the sexually violent predator's place of residence is a motor vehicle, trailer, mobile home or manufactured home, the sexually violent predator shall also provide the vehicle identification number; the license tag number; the registration number; and a description, including color scheme, of the motor vehicle, trailer, mobile home or manufactured home. If the sexually violent predator's place of residence is a vessel, live-aboard vessel or houseboat, the sexually violent predator shall also provide the hull identification number; the manufacturer's serial number; the name of the vessel, live-aboard vessel or houseboat; the registration number; and a description, including color scheme, of the vessel, live-aboard vessel or houseboat.
(i) The State Police office shall, within two business days, electronically submit all information provided by the sexually violent predator to the department in a manner prescribed by the department.
~~(g)~~ (j) At the time the person is convicted or found not guilty by reason of mental illness, mental retardation or addiction in a court of this state of the crimes set forth in subsection (b) of this section, the person shall sign in open court a statement acknowledging that he or she understands the requirements imposed by this article. The court shall inform the person so convicted of the requirements to register imposed by this article and shall further satisfy itself by interrogation of the defendant or his or her counsel that the defendant has received notice of the provisions of this article and that the defendant understands the provisions. The statement, when signed and witnessed, constitutes prima facie evidence that the person had knowledge of the requirements of this article. Upon completion of the statement, the court shall provide a copy to the registry. Persons who have not signed a statement under the provisions of this subsection and who are subject to the registration requirements of this article must be informed of the requirement by the State Police whenever the State Police obtain information that the person is subject to registration requirements. A sexually violent predator must maintain registration with the State Police for the duration of his or her life, unless the sexually violent predator has received a full pardon or has had a conviction set aside in a post-conviction proceeding for any offense that met the criteria for the sexually violent predator designation.
~~(h)~~ (k) The State Police shall maintain a central registry of all persons who register under this article and shall release information only as provided in this article. The information required to be made public by the State Police by subdivision (2), subsection (b), section five of this article is to be accessible through the internet. No information relating to internet accounts, screen names, user names or aliases a registrant has or uses may be released through the internet.
~~(i)~~ (l) For the purpose of this article, "sexually violent offense" means:
(1) Sexual assault in the first degree as set forth in section three, article eight-b, chapter sixty-one of this code or of a similar provision in another state, federal or military jurisdiction;
(2) Sexual assault in the second degree as set forth in section four, article eight-b, chapter sixty-one of this code or of a similar provision in another state, federal or military jurisdiction;
(3) Sexual assault of a spouse as set forth in the former provisions of section six, article eight-b, chapter sixty-one of this code, which was repealed by an act of the Legislature during the two thousand legislative session, or of a similar provision in another state, federal or military jurisdiction;
(4) Sexual abuse in the first degree as set forth in section seven, article eight-b, chapter sixty-one of this code or of a similar provision in another state, federal or military jurisdiction.
~~(j)~~ (m) For purposes of this article, the term "sexually motivated" means that one of the purposes for which a person committed the crime was for any person's sexual gratification.
~~(k)~~ (n) For purposes of this article, the term "sexually violent predator" means a person who has been convicted or found not guilty by reason of mental illness, mental retardation or addiction of a sexually violent offense and who suffers from a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses.
~~(l)~~ (o) For purposes of this article, the term "mental abnormality" means a congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of other persons.
~~(m)~~ (p) For purposes of this article, the term "predatory act" means an act directed at a stranger or at a person with whom a relationship has been established or promoted for the primary purpose of victimization.
~~(n)~~ (q) For the purposes of this article, the term "business days", means days exclusive of Saturdays, Sundays and legal holidays as defined in section one, article two, chapter two of this code.
(r) Notwithstanding any other provision of this code to the contrary, a person required to register under the provisions of this section may not reside within one thousand feet of a school, childcare facility be in the presence of a minor unless the parent, guardian or other adult is present. Any person, violating the provisions of this subsection, is guilty of a felony and, upon conviction thereof, shall be confined in the penitentiary for not less than two years nor more than ten years.

§15-12-2a. Court determination of sexually violent predator and recidivist sexually violent predator.

(a) The circuit court ~~that has sentenced~~ sentencing a person for the commission of a first sexually violent offense or ~~that has entered~~ entering a judgment of acquittal of a charge of committing a first sexually violent offense in which the defendant has been found not guilty by reason of mental illness, mental retardation or addiction shall make a determination whether:
(1) A person is a sexually violent predator; or
(2) A person is not a sexually violent predator.
(b) A hearing to make a determination as provided in subsection (a) of this section is a summary proceeding, triable before the court without a jury.
(c) A proceeding seeking to establish that a person is a sexually violent predator is initiated by the filing of a written pleading by the prosecuting attorney. The pleading shall describe the record of the judgment of the court on the person's conviction or finding of not guilty by reason of mental illness, mental retardation or addiction of a sexually violent offense and shall set forth a short and plain statement of the prosecutor's claim that the person suffers from a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses.
(d) Prior to making a determination pursuant to the provisions of this section allowing a circuit court to find an offender to be a sexually violent predator, the sentencing court may order a psychiatric or other clinical examination and, after examination, may further order a period of observation in an appropriate facility within this state designated by the court after consultation with the Director of the Division of Health.
(e) Prior to making a determination pursuant to the provisions of this section, the sentencing court shall request and receive a report by the board established pursuant to section two-b of this article. The report shall set forth the findings and recommendation of the board on the issue of whether the person is a sexually violent predator.
(f) At a hearing to determine whether a person is a sexually violent predator, the person shall be present and shall have the right to be represented by counsel, introduce evidence and cross-examine witnesses. The offender shall have access to a summary of the medical evidence to be presented by the state. The offender shall have the right to an examination by an independent expert of his or her choice and testimony from the expert as a medical witness on his or her behalf. At the termination of the hearing the court shall make a finding of fact upon a preponderance of the evidence as to whether the person is a sexually violent predator.
(g) If a person is determined by the circuit court to be a sexually violent predator, the clerk of the court shall forward a copy of the order to the State Police in the manner promulgated in accordance with the provisions of article three, chapter twenty-nine-a of this code.
(h) A person convicted of a second or subsequent sexually violent offense or receives a judgment of acquittal of a charge of committing a second sexually violent offense in which the defendant has been found not guilty by reason of mental illness, mental retardation or addiction is a sexually violent predator.
(i) In order to be counted as a second or subsequent sexually violent offense for purposes of this section, the offense must have resulted in a conviction and sentenced separately, or a separate offense in which the defendant has been found not guilty by reason of mental illness, mental retardation or addiction or an adjudication of delinquency entered separately, prior to the current offense and sentenced or adjudicated separately from any other sexually violent offense that is to be counted as a second or subsequent sexually violent offense.
(j Notwithstanding any other provision of this code to the contrary, no person determined to be a sexually violent predator under the provisions of this article may be released from confinement until a commitment hearing is held under the provisions of article eleven-d, chapter sixty-two of this code.
§15-12-2b. Creation of Sex Offender Registration Advisory Board.
(a) There is hereby created within the Department of Military Affairs and Public Safety a Sex Offender Registration Advisory Board consisting of a minimum of five members appointed by the Secretary of the Department of Military Affairs and Public Safety. At least two of the members shall be experts in the field of the behavior and treatment of sexual offenders and each shall be a physician, psychologist or social worker in the employ of this state appointed by the secretary in consultation with the Director of the Division of Health. The remaining members shall be victims rights advocates and representatives of law-enforcement agencies. Members of the board shall be reimbursed their reasonable expenses pursuant to the rules promulgated by the department of administration for the reimbursement of expenses of state officials and employees and shall receive no other compensation for their services. The board shall utilize the staff of the division or office within the Department of Military Affairs and Public Safety designated by the secretary thereof in carrying out its duties and responsibilities as set forth in this article.
(b) The board shall assist the circuit courts of this state in determining whether ~~persons~~ a person convicted of a first sexually violent ~~offenses are~~ offense is a sexually violent ~~predators~~ predator.

§15-12-8. Failure to register or provide notice of registration changes; penalty; penalty for aiding and abetting.

(a) Except as provided in this section, any person required to register under this article who knowingly provides false information or who refuses to provide accurate information when so required by terms of this article, or who knowingly fails to register or knowingly fails to provide a change in any information as required by this article, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than two hundred fifty dollars nor more than ten thousand dollars or imprisoned in the county or regional jail not more than one year, or both: Provided, That each time the person has a change in any of the registration information as required by this article and fails to register the change or changes, each failure to register each separate item of information changed shall constitute a separate offense.
(b) Any person required to register under this article who is convicted of a second or subsequent offense of failing to register or provide a change in any information as required by this article or any person who is required to register for life pursuant to subsection (2), subdivision (a), section four of this article and who knowingly provides false information or who refuses to provide accurate information when so required by terms of this article or who knowingly fails to register or knowingly fails to provide a change in information as required by this article is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one year nor more than five years.
(c) Any person required to register as a sexually violent predator who knowingly provides false information or who refuses to provide accurate information when so required by terms of this article or who knowingly fails to register or knowingly fails to provide a change in any information as required by this article is guilty of a felony and, upon conviction thereof, shall, for a first offense, be confined in a state correctional facility not less than two years nor more than ten years and for a second or subsequent offense, is guilty of a felony and shall be confined in a state correctional facility not less than five years nor more than twenty years.
(d) In addition to any other penalty specified for failure to register under this article, any person under the supervision of a probation officer, parole officer or any other sanction short of confinement in jail or prison who knowingly refuses to register or who knowingly fails to provide a change in information as required by this article shall be subject to immediate revocation of probation or parole and returned to confinement for the remainder of any suspended or unserved portion of his or her original sentence.
(e) Any person who has reason to believe that a violent sexual predator on probation or under community control is not complying, or has not complied, with the requirements of this section and who, with the intent to assist the violent sexual predator in eluding a law-enforcement agency that is seeking to find the violent sexual predator to question the violent sexual predator about, or to arrest the violent sexual predator for, his or her noncompliance with the requirements of this section:
(1) Withholds information from, or does not notify, the law-enforcement agency about the violent sexual predator's noncompliance with the requirements of this section and, if known, the whereabouts of the violent sexual predator; or
(2) Harbors, or attempts to harbor, or assists another person in harboring or attempting to harbor, the violent sexual predator; or
(3) Conceals or attempts to conceal, or assists another person in concealing or attempting to conceal, the violent sexual predator; or
(4) Provides information to the law-enforcement agency regarding the violent sexual predator which the person knows to be false information is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one nor more than five years.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
ARTICLE 2. CRIMES AGAINST THE PERSON.

§61-2-14. Abduction of person; kidnapping or concealing child; penalties.

(a) Any person who takes away another person, or detains another person against ~~such~~ the person's will, with intent to marry or defile the person, or to cause the person to be married or defiled by another person; or takes away a child under the age of sixteen years from any person having lawful charge of ~~such~~ the child, for the purpose of prostitution or concubinage, shall be guilty of a felony and, upon conviction thereof, shall be confined in the penitentiary not less than ~~three nor more than~~ ten years.
(b) Any person, other than the father or mother, who illegally, or for any unlawful, improper or immoral purpose other than the purposes stated in subsection (a) of this section or section fourteen-a or fourteen-c of this article, seizes, take or secretes a child under sixteen years of age, from the person or persons having lawful charge of ~~such~~ the child, ~~shall be~~ is guilty of a felony and, upon conviction thereof, shall be confined in the penitentiary not less than ~~one nor more than~~ ten years.
Any person violating the provisions of subsections (a) and (b) of this section, and the violation causes the death of a minor under the age of sixteen, is guilty of a felony and, upon conviction thereof, shall be confined in the penitentiary for life without the possibility of parole.
ARTICLE 8. CRIMES AGAINST CHASTITY, MORALITY AND DECENCY.
§61-8-6. Detention of person in place of prostitution; penalty.
Whoever shall by any means keep, hold, detain or restrain any person in a house of prostitution or other place where prostitution is practiced or allowed; or whoever shall, directly or indirectly, keep, hold, detain or restrain, or attempt to keep, hold, detain or restrain, in any house of prostitution or other place where prostitution is practiced or allowed, any person by any means, for the purpose of compelling ~~such~~ the person, directly or indirectly, to pay, liquidate or cancel any debt, dues or obligations incurred or said to have been incurred by ~~such~~ the person ~~shall be~~ is guilty of a felony and, upon conviction for the first offense under this section, ~~be punished by imprisonment in the county jail for a period of not less than six months nor more than one year, and by a fine of not less than one hundred nor more than five hundred dollars,~~ shall be punished by imprisonment in the penitentiary for not less than two nor more than six years and upon conviction for any subsequent offense under this section shall be punished by imprisonment in the penitentiary for not less than ~~one~~ four nor more than ~~three~~ eight years: Provided, That in any offense under this section where the person so kept, held, detained or restrained is a minor, any person violating the provisions of this section ~~shall be~~ is guilty of a felony and, upon conviction thereof, shall be confined in the penitentiary not less than ~~two~~ ten years nor more than ~~five~~ twenty years or fined not more than ~~five~~ ten thousand dollars, or both.
Any person violating the provisions of this section and the violation causes the death of a minor under the age of sixteen, is guilty of a felony and, upon conviction thereof, shall be confined in the penitentiary for life without the possibility of parole.

§61-8-7. Procuring for house of prostitution; penalty; venue; competency as witness; marriage no defense.

Any person who ~~shall procure~~ procures an inmate for a house of prostitution, or who, by promises, threats, violence or by any device or scheme, ~~shall cause, induce, persuade or encourage~~ causes, induces, persuades or encourages a person to become an inmate of a house of prostitution, or shall procure a place as inmate in a house of prostitution for a person; or any person who, ~~shall,~~ by promises, threats, violence, or by any device or scheme ~~cause, induce, persuade or encourage~~ causes, induces, persuades or encourages an inmate of a house of prostitution to remain therein ~~as such inmate~~; or any person who ~~shall,~~ by fraud or artifice, or by duress of person or goods, or by abuse of any position of confidence or authority, ~~procure~~ procures any person to become an inmate of a house of ill fame, or to enter any place in which prostitution is encouraged or allowed within this state, or to come into or leave this state for the purpose of prostitution, or who ~~shall procure~~ procures any person to become an inmate of a house of ill fame within this state or to come into or leave this state for the purpose of prostitution; or ~~shall receive or give or agree~~ receives or gives or agrees to receive or give any money or thing of value for procuring or attempting to procure any person to become an inmate of a house of ill fame within this state, or to come into or leave this state for the purpose of prostitution, ~~shall be~~ is guilty of pandering, a felony offense, and, upon a first conviction for an offense under this section, shall be ~~punished by imprisonment in the county jail for a period of not less than six months nor more than one year, and by a fine of not less than one hundred nor more than five hundred dollars~~ punished by imprisonment in the penitentiary for a period of not less than one nor more than five years, and upon conviction for any subsequent offense under this section shall be punished by imprisonment in the penitentiary for a period of not less than ~~one~~ two nor more than ~~five~~ ten years: Provided, That where the inmate referred to in this section is a minor, any person violating the provisions of this section ~~shall~~ be is guilty of a felony and, upon conviction thereof, shall be confined in the penitentiary not less than ~~two years~~ ten nor more than ~~five~~ twenty years or fined not more than ~~five~~ ten thousand dollars, or both.
Any person violating the provisions of this section and the violation causes the death of a minor under the age of sixteen, is guilty of a felony and, upon conviction thereof, shall be confined in the penitentiary for life without the possibility of parole.
It ~~shall not be~~ is not a defense to prosecution for any of the acts prohibited in this section that any part of ~~such~~ the act or acts ~~shall have been~~ were committed outside of this state and the offense shall ~~in such case~~ be deemed and alleged to have been committed and the offender tried and punished in any county in which the prostitution was intended to be practiced, or in which the offense was consummated, or any overt act in furtherance of the offense was committed.
Any ~~such~~ person ~~shall be~~ is a competent witness in any prosecution under this section to testify for or against the accused as to any transaction, or as to conversation with the accused, or by the accused with another person or persons in his or her presence, notwithstanding his or her having married the accused before or after the violation of any of the provisions of this section, whether called as a witness during the existence of the marriage or after its dissolution. The act or state of marriage ~~shall not be~~ is not a defense to any violation of this section.
§61-8-12. Incest; penalty.
(a) For the purposes of this section:
(1) "Aunt" means the sister of a person's mother or father;
(2) "Brother" means the son of a person's mother or father;
(3) "Daughter" means a person's natural daughter, adoptive daughter or the daughter of a person's husband or wife;
(4) "Father" means a person's natural father, adoptive father or the husband of a person's mother;
(5) "Granddaughter" means the daughter of a person's son or daughter;
(6) "Grandfather" means the father of a person's father or mother;
(7) "Grandmother" means the mother of a person's father or mother;
(8) "Grandson" means the son of a person's son or daughter;
(9) "Mother" means a person's natural mother, adoptive mother or the wife of a person's father;
(10) "Niece" means the daughter of a person's brother or sister;
(11) "Nephew" means the son of a person's brother or sister;
(12) "Sexual intercourse" means any act between persons involving penetration, however slight, of the female sex organ by the male sex organ or involving contact between the sex organs of one person and the mouth or anus of another person;
(13) "Sexual intrusion" means any act between persons involving penetration, however slight, of the female sex organ or of the anus of any person by an object for the purpose of degrading or humiliating the person so penetrated or for gratifying the sexual desire of either party;
(14) "Sister" means the daughter of a person's father or mother;
(15) "Son" means a person's natural son, adoptive son or the son of a person's husband or wife; and
(16) "Uncle" means the brother of a person's father or mother.
(b) A person is guilty of incest when such person engages in sexual intercourse or sexual intrusion with his or her father, mother, brother, sister, daughter, son, grandfather, grandmother, grandson, granddaughter, nephew, niece, uncle or aunt.
(c) Any person who violates the provisions of this section ~~shall be~~ is guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary not less than ~~five~~ ten years nor more than ~~fifteen~~ thirty years, or fined not less than ~~five hundred~~ one thousand dollars nor more than ~~five~~ ten thousand dollars and imprisoned in the penitentiary not less than ~~five~~ ten years nor more than ~~fifteen~~ thirty years.
(d) In addition to any penalty provided under this section and any restitution which may be ordered by the court under article eleven-a of this chapter, the court may order any person convicted under the provisions of this section where the victim is a minor to pay all or any portion of the cost of medical, psychological or psychiatric treatment of the victim, the need for which results from the act or acts for which the person is convicted, whether or not the victim is considered to have sustained bodily injury.
(e) In any case where a person is convicted of an offense described herein against a child and further has or may have custodial, visitation or other parental rights to the child, the court shall find that the person is an abusing parent within the meaning of article six, chapter forty-nine of this code, and shall take ~~such~~ further action in accord with the provisions of ~~said~~ that article.
Any person violating the provisions of this section and the violation causes the death of a minor under the age of sixteen, is guilty of a felony and upon conviction thereof, shall be confined in the penitentiary for life without the possibility of parole.
ARTICLE 8B. SEXUAL OFFENSES.
§61-8B-3. Sexual assault in the first degree.
(a) A person is guilty of sexual assault in the first degree when:
(1) The person engages in sexual intercourse or sexual intrusion with another person and, in so doing:
(i) Inflicts serious bodily injury upon anyone; or
(ii) Employs a deadly weapon in the commission of the act; or
(2) The person, being fourteen years old or more, engages in sexual intercourse or sexual intrusion with another person who is ~~eleven~~ twelve years old or less and is not married to that person.
(b) Any person violating the provisions of this section is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility not less than ~~fifteen~~ twenty-five nor more than ~~thirty-five~~ ~~years~~ life, or fined not less than ~~one~~ two thousand dollars nor more than ~~ten~~ twenty thousand dollars and imprisoned in a state correctional facility not less than ~~fifteen~~ twenty-five years nor more than ~~thirty-five~~ ~~years~~ life. No person convicted under the provisions of this subsection may be released from confinement until a commitment hearing is held under the provisions of article eleven-d, chapter sixty-two of this code.
Any person violating the provisions of this section and the violation causes the death of a minor under the age of sixteen is guilty of a felony and, upon conviction thereof, shall be confined in the penitentiary for life without the possibility of parole.
§61-8B-4. Sexual assault in the second degree.
(a) A person is guilty of sexual assault in the second degree when the:
(1) ~~Such~~ Person engages in sexual intercourse or sexual intrusion with another person without the person's consent and the lack of consent results from forcible compulsion; or
(2) ~~Such~~ Person engages in sexual intercourse or sexual intrusion with another person who is physically helpless.
(b) Any person who violates the provisions of this section ~~shall be~~ is guilty of a felony and, upon conviction thereof, shall be imprisoned in the penitentiary not less than ~~ten~~ twenty nor more than ~~twenty-five~~ forty years, or fined not less than ~~one~~ two thousand dollars nor more than ~~ten~~ twenty thousand dollars and imprisoned in the penitentiary not less than ~~ten~~ twenty nor more than ~~twenty-five~~ forty years.
(c) Any person violating the provisions of this section and the violation causes the death of a minor under the age of sixteen is guilty of a felony and, upon conviction thereof, shall be confined in the penitentiary for life without the possibility of parole.
§61-8B-5. Sexual assault in the third degree.
(a) A person is guilty of sexual assault in the third degree when:
(1) The person engages in sexual intercourse or sexual intrusion with another person who is mentally defective or mentally incapacitated; or
(2) The person, being sixteen years old or more, engages in sexual intercourse or sexual intrusion with another person who is less than sixteen years old and who is at least four years younger than the defendant and is not married to the defendant.
(b) Any person violating the provisions of this section is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility not less than ~~one year~~ two years nor more than ~~five~~ ten years, or fined not more than ~~ten~~ twenty thousand dollars and imprisoned in a state correctional facility not less than ~~one year~~ two years nor more than ~~five~~ ten years.
(c) Any person violating the provisions of this section and the violation causes the death of a minor under the age of sixteen is guilty of a felony and, upon conviction thereof, shall be confined in the penitentiary for life without the possibility of parole.
§61-8B-7. Sexual abuse in the first degree.
(a) A person is guilty of sexual abuse in the first degree when:
(1) ~~Such~~ The person subjects another person to sexual contact without their consent, and the lack of consent results from forcible compulsion; or
(2) ~~Such~~ The person subjects another person to sexual contact who is physically helpless; or
(3) Such person, being fourteen years old or more, subjects another person to sexual contact who is ~~eleven~~ twelve years old or less.
(b) Any person who violates the provisions of this section ~~shall be~~ is guilty of a felony and, upon conviction thereof, shall be imprisoned in the penitentiary not less than ~~one year~~ two years nor more than ~~five~~ ten years, or fined not more than ~~ten~~ twenty thousand dollars and imprisoned in the penitentiary not less than ~~one year~~ two years nor more than ~~five~~ ten years: Provided, That any person violating the provisions of this section and the victim is a minor under the age of twelve is guilty of a felony and upon conviction thereof, shall be confined in the penitentiary for not less than ten nor more than fifteen years.
(c) Any person violating the provisions of this section and the violation causes the death of a minor under the age of sixteen is guilty of a felony and, upon conviction thereof, shall be confined in the penitentiary for life without the possibility of parole.
§61-8B-8. Sexual abuse in the second degree.
(a) A person is guilty of sexual abuse in the second degree when such person subjects another person to sexual contact who is mentally defective or mentally incapacitated.
(b) Any person who violates the provisions of this section ~~shall be~~ is guilty of a misdemeanor and, upon conviction thereof, shall be confined in the county jail ~~not more than~~ for twelve months, or fined not more than ~~five hundred~~ one thousand dollars and confined in the county jail ~~not more than~~ for twelve months.
(c) Any person violating the provisions of this section and the violation causes the death of a minor under the age of sixteen is guilty of a felony and, upon conviction thereof, shall be confined in the penitentiary for life without the possibility of parole.
§61-8B-9. Sexual abuse in the third degree.
(a) A person is guilty of sexual abuse in the third degree when he subjects another person to sexual contact without the latter's consent, when ~~such~~ the lack of consent is due to the victim's incapacity to consent by reason of being less than sixteen years old.
(b) In any prosecution under this section it is a defense that:
(1) The defendant was less than sixteen years old; or
(2) The defendant was less than four years older than the victim.
(c) Any person who violates the provisions of this section ~~shall be~~ is guilty of a misdemeanor and, upon conviction thereof, shall be confined in the county jail not ~~more~~ less than ninety days nor more than six months, or fined not more than ~~five hundred~~ one thousand dollars and confined in the county jail not ~~more~~ less than ninety days nor more than six months.
(d) Notwithstanding the provisions of subsection (b) of this section, any person violating the provisions of this section and the violation causes the death of a minor under the age of sixteen is guilty of a felony and, upon conviction thereof, shall be confined in the penitentiary for life without the possibility of parole.

§61-8B-10. Imposition of sexual intercourse or sexual intrusion on incarcerated persons; penalties.

(a) Any person employed by the Division of Corrections, any person working at a correctional facility managed by the Commissioner of the Division of Corrections pursuant to contract or as an employee of a state agency, any person working at a correctional facility managed by the Division of Juvenile Services pursuant to contract or as an employee of a state agency, any person employed by a county jail or by the Regional Jail and Correctional Facility Authority or any person working at a facility managed by the Regional Jail and Correctional Facility Authority or a county jail who engages in sexual intercourse or sexual intrusion with a person who is incarcerated in this state is guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility under the control of the commissioner of corrections for not less than ~~one~~ two nor more than ~~five~~ ten years or fined not more than ~~five~~ ten thousand dollars.
(b) Any person employed by the Division of Corrections as a parole officer or by the West Virginia Supreme Court of Appeals as an adult or juvenile probation officer who engages in sexual intercourse or sexual intrusion with a person said parole officer or probation officer is charged as part of his or her employment with supervising is guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility under the control of the commissioner of corrections for not less than ~~one~~ two nor more than ~~five~~ ten years or fined not more than ~~five~~ ten thousand dollars, or both.
(c) Any person violating the provisions of this section and the violation causes the death of a minor under the age of sixteen is guilty of a felony and, upon conviction thereof, shall be confined in the penitentiary for life without the possibility of parole.
ARTICLE 8C. FILMING OF SEXUALLY EXPLICIT CONDUCT OF MINORS.

§61-8C-2. Use of minors in filming sexually explicit conduct prohibited; penalty.

(a) Any person who causes or knowingly permits, uses, persuades, induces, entices or coerces such minor to engage in or uses such minor to do or assist in any sexually explicit conduct ~~shall be~~ is guilty of a felony when such person has knowledge that ~~any such~~ the act is being photographed or filmed. Upon conviction thereof, ~~such~~ the person shall be fined not more than ~~ten~~ twenty thousand dollars, or imprisoned in the penitentiary not ~~more~~ less than ten years, or both fined and imprisoned.
(b) Any person who photographs or films ~~such~~ a minor engaging in any sexually explicit conduct ~~shall be~~ is guilty of a felony, and, upon conviction thereof, shall be fined not more than ~~ten~~ twenty thousand dollars, or imprisoned in the penitentiary not ~~more~~ less than ten years, or both fined and imprisoned.
(c) Any parent, legal guardian or person having custody and control of a minor, who photographs or films ~~such~~ the minor in any sexually explicit conduct or causes or knowingly permits, uses, persuades, induces, entices or coerces ~~such~~ the minor child to engage in or assist in any sexually explicit act ~~shall be~~ is guilty of a felony when ~~such~~ the person has knowledge that ~~any~~ ~~such~~ the act may be photographed or filmed. Upon conviction thereof, ~~such~~ the person shall be fined not ~~more~~ less than ten thousand dollars, or imprisoned in the penitentiary not ~~more~~ less than ten years, or both fined and imprisoned.

§61-8C-3. Distribution and exhibiting of material depicting minors engaged in sexually explicit conduct prohibited; penalty.

Any person who, with knowledge, sends or causes to be sent, or distributes, exhibits, possesses or displays or transports any material visually portraying a minor engaged in any sexually explicit conduct is guilty of a felony and, upon conviction thereof, shall be imprisoned in the penitentiary not ~~more~~ less than two years and fined not ~~more~~ less than two thousand dollars.
ARTICLE 8D. CHILD ABUSE.

§61-8D-5. Sexual abuse by a parent, guardian, custodian or person in a position of trust to a child; parent, guardian, custodian or person in a position of trust allowing sexual abuse to be inflicted upon a child; displaying of sex organs by a parent, guardian, or custodian; penalties.

(a) In addition to any other offenses set forth in this code, the Legislature hereby declares a separate and distinct offense under this subsection, as follows: If any parent, guardian or custodian of or other person in a position of trust in relation to a child under his or her care, custody or control, shall engage in or attempt to engage in sexual exploitation of, or in sexual intercourse, sexual intrusion or sexual contact with, a child under his or her care, custody or control, notwithstanding the fact that the child may have willingly participated in ~~such~~ the conduct, or the fact that the child may have consented to ~~such~~ the conduct or the fact that the child may have suffered no apparent physical injury or mental or emotional injury as a result of ~~such~~ the conduct, then ~~such~~ the parent, guardian, custodian or person in a position of trust ~~shall be~~ is guilty of a felony and, upon conviction thereof, shall be imprisoned in the penitentiary not less than ~~ten~~ twenty nor more than ~~twenty~~ forty years, or fined not less than ~~five hundred~~ one thousand nor more than ~~five~~ ten thousand dollars and imprisoned in the penitentiary not less than ~~ten~~ twenty years nor more than ~~twenty~~ forty years.
(b) If any parent, guardian, custodian or other person in a position of trust in relation to the child shall knowingly procure another person to engage in or attempt to engage in sexual exploitation of, or sexual intercourse, sexual intrusion or sexual contact with, a child under the care, custody or control of ~~such~~ the parent, guardian, custodian or person in a position of trust when ~~such~~ the child is less than sixteen years of age, notwithstanding the fact that the child may have willingly participated in ~~such~~ the conduct or the fact that the child may have suffered no apparent physical injury or mental or emotional injury as a result of ~~such~~ the conduct, ~~such~~ the parent, guardian, custodian or person in a position of trust ~~shall be~~ is guilty of a felony and, upon conviction thereof, shall be imprisoned in the penitentiary not less than ~~five~~ ten years nor more than ~~fifteen~~ thirty years, or fined not less than ~~one~~ two thousand nor more than ~~ten~~ twenty thousand dollars and imprisoned in the penitentiary not less than ~~five~~ ten years nor more than ~~fifteen~~ thirty years.
(c) If any parent, guardian, custodian or other person in a position of trust in relation to the child shall knowingly procure another person to engage in or attempt to engage in sexual exploitation of, or sexual intercourse, sexual intrusion or sexual contact with, a child under the care, custody or control of ~~such~~ the parent, guardian, custodian or person in a position of trust when ~~such~~ the child is sixteen years of age or older, notwithstanding the fact that the child may have consented to ~~such~~ the conduct or the fact that the child may have suffered no apparent physical injury or mental or emotional injury as a result of ~~such~~ the conduct, then ~~such~~ the parent, guardian, custodian or person in a position of trust ~~shall be~~ is guilty of a felony and, upon conviction thereof, shall be imprisoned in the penitentiary not less ~~than one year~~ two years nor more than ~~five~~ ten years.
(d) The provisions of this section shall not apply to a custodian or person in a position of trust whose age exceeds the age of the child by less than ~~four~~ two years.
(e) Any person violating the provisions of this section and the violation causes the death of a minor under the age of sixteen is guilty of a felony and, upon conviction thereof, shall be confined in the penitentiary for life without the possibility of parole.

§61-8D-6. Sending, distributing, exhibiting, possessing, displaying or transporting material by a parent, guardian or custodian, depicting a child engaged in sexually explicit conduct; penalty.

Any parent, guardian or custodian who, with knowledge, sends or causes to be sent, or distributes, exhibits, possesses, displays or transports, any material visually portraying a child under his or her care, custody or control engaged in any sexually explicit conduct, is guilty of a felony and, upon conviction thereof, shall be imprisoned in the penitentiary not ~~more~~ less than two years, and fined not less than ~~four~~ eight hundred dollars nor more than ~~four~~ eight thousand dollars.
CHAPTER 62. CRIMINAL PROCEDURE.
ARTICLE 11D. SEXUALLY VIOLENT PREDATOR COMMITMENT ACT.
§62-11D-1. Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this article.
(1) "Department" means the Department of Health and Human Resources.
(2) "Health care facility" means any hospital, hospice care center, licensed or certified health care facility or health maintenance organization or other licensed facility designated by the secretary for the purposes of this article as a health care facility.
(3) "Health care practitioner" means an individual or firm licensed or certified to engage actively in a regulated health profession.
(4) "Health care services" means those services provided by licensed health care professionals.
(5) "Health profession" means those health professions licensed under the provisions of this code to provide health care services.
(6) "Less restrictive alternative" means court-ordered treatment in a setting less restrictive than total confinement.
(7) "Likely to engage in predatory acts of sexual violence if not confined in a secure facility" means that the person more probably than not will engage in sexual predatory acts if released unconditionally from detention. The likely to engage in predatory acts of sexual violence finding must be shown by evidence of a recent overt act if the person is not confined at the time the petition is filed.
(8) "Mental abnormality" means a congenital or acquired condition affecting the emotional or volitional capacity which predisposes the person to the commission of criminal sexual acts which make the person a menace to the health and safety of others.
(9) "Predatory" means an act or series of actions directed toward others for the primary purpose of making them victims of sexual violence.
(10) "Recent overt act" means any act or threat that has either caused harm of a sexually violent nature or creates a reasonable apprehension of harm in the mind of an objective person with knowledge of the history and mental condition of the person engaging in the act.
(11) "Risk potential activity" or "risk potential facility" means an activity or facility that provides a higher incidence of risk to the public from persons conditionally released from the special commitment center. Risk potential activities and facilities include: Public and private schools, school bus stops, licensed day care and licensed preschool facilities, public parks, publicly dedicated trails, sports fields, playgrounds, recreational and community centers, churches, synagogues, temples, mosques, public libraries, public and private youth camps, and others identified by the department. For purposes of this article, "school bus stops" do not include bus stops established primarily for public transit.
(12) "Secretary" means the Secretary of Health and Human Resources or the secretary's designee.
(13) "Secure facility" means a residential facility for persons civilly confined under the provisions of this chapter that includes security measures sufficient to protect the community. These facilities include total confinement facilities, secure community transition facilities and any secured residence used as a court-ordered placement.
(14) "Secure community transition facility" means a residential facility for persons civilly committed and conditionally released to a less restrictive alternative under this article. A secure community transition facility has supervision and security, and either provides or ensures the provision of sex offender treatment services. Secure community transition facilities include but are not limited to a facility established pursuant to this article and any community-based facility established under this article and operated by the secretary or under contract with the secretary.
(15) "Sexually violent offense" means an act committed on, before or after the first day of July, one thousand nine hundred ninety, that is: (a) An act defined in section two, article twelve, chapter fifteen of this code or any federal or out-of-state conviction for a felony offense that under the laws of this state would be a sexually violent offense as defined in this subsection; (b) an act of murder in the first or second degree, assault in the first or second degree, assault of a child in the first or second degree, kidnapping in the first or second degree, burglary in the first degree, residential burglary, or unlawful imprisonment, which act, either at the time of sentencing for the offense or subsequently during civil commitment proceedings pursuant to this chapter, has been determined beyond a reasonable doubt to have been sexually motivated, as that term is defined; or (c) an act as described that is an attempt to commit a crime set forth in subdivisions (a) or (b) of this section.
(16) "Sexually violent predator" means any person who has been convicted of or charged with a crime of sexual violence and who suffers from a mental abnormality or personality disorder which makes the person likely to engage in predatory acts of sexual violence if not confined in a secure facility.
(17) "Total confinement facility" means a secure facility that provides supervision and sex offender treatment services in a total confinement setting. Total confinement facilities include the special commitment center and any similar facility designated as a total confinement facility by the Secretary of the Department of Health and Human Resources.
§62-11D-2. Notice to prosecuting attorney prior to release.
When it appears that a person may meet the criteria of a sexually violent predator, the agency with jurisdiction shall refer the person in writing to the prosecuting attorney of the county where that person was charged, three months prior to:
(1) The anticipated release from total confinement of a person who has been convicted of a sexually violent offense;
(2) The anticipated release from total confinement of a person found to have committed a sexually violent offense as a juvenile;
(3) Release of a person who has been charged with a sexually violent offense and who has been determined to be incompetent to stand trial; or
(4) Release of a person who has been found not guilty by reason of insanity of a sexually violent offense.
The agency with jurisdiction shall provide the prosecuting attorney with all relevant information including but not limited to the following information:
(i) A complete copy of the institutional records compiled by the department of corrections relating to the person, and any out-of-state department of corrections' records, if available;
(ii) A complete copy, if applicable, of any file compiled by the parole board relating to the person;
(iii) All records relating to the psychological or psychiatric evaluation and treatment of the person;
(iv) A current record of all prior arrests and convictions, and full police case reports relating to those arrests and convictions; and
(v) A current mental health evaluation or mental health records review.
(2) This section applies to acts committed before, on, or after the first day of July, one thousand nine hundred ninety.
(3) The agency with jurisdiction, their employees and officials are immune from liability for any good-faith conduct under this section.
(4) As used in this section, "agency with jurisdiction" means that agency with the authority to direct the release of a person serving a sentence or term of confinement and includes the Division of Corrections, the Regional Jail and Correctional Facility Authority, the Parole Board and the Department of Health and Human Resources.
§62-11D-3. Sexually violent predator petition.
When it appears that: (1) A person who, at any time previously, has been convicted of a sexually violent offense and is about to be released from total confinement on, before or after the first day of July, two thousand five; (2) a person found to have committed a sexually violent offense as a juvenile is about to be released from total confinement on, before or after the first day of July, two thousand six; (3) a person who has been charged with a sexually violent offense and who has been determined to be incompetent to stand trial is about to be released, or has been released on, before or after the first day of July, two thousand five; (4) a person who has been found not guilty by reason of insanity of a sexually violent offense is about to be released, or has been released on, before or after the first day of July, two thousand six; or (5) a person who at any time previously has been convicted of a sexually violent offense and has since been released from total confinement and has committed a recent overt act; and it appears that the person may be a sexually violent predator, the prosecuting attorney of the county where the person was convicted or charged may file a petition alleging that the person is a "sexually violent predator" and stating sufficient facts to support ~~such~~ the allegation.

§62-11D-4. Sexually violent predator petition; probable cause hearing; judicial determination; transfer for evaluation.

(1) Upon the filing of a petition, the judge shall determine whether probable cause exists to believe that the person named in the petition is a sexually violent predator. If the determination is made, the judge shall direct that the person be taken into custody.
(2) Within seventy-two hours after a person is taken into custody pursuant to subsection (1) of this section, the court shall provide the person with notice of, and an opportunity to appear in person at, a hearing to contest probable cause as to whether the person is a sexually violent predator. At this hearing, the court shall: (a) Verify the person's identity; and (b) determine whether probable cause exists to believe that the person is a sexually violent predator. At the probable cause hearing, the state may rely upon the petition and certification for determination of probable cause. The state may supplement this with additional documentary evidence or live testimony.
(3) At the probable cause hearing, the person shall have the following rights in addition to the rights previously specified: (a) To be represented by counsel; (b) to present evidence on his or her behalf; (c) to cross-examine witnesses who testify against him or her; (d) to view and copy all petitions and reports in the court file.
(4) If the probable cause determination is made, the judge shall direct that the person be transferred to an appropriate facility for an evaluation as to whether the person is a sexually violent predator. The evaluation shall be conducted by a person deemed to be professionally qualified to conduct an examination pursuant to rules proposed by the Secretary of the Department of Health and Human Resources. The Secretary of the Department of Health and Human Resources is hereby directed to propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement the provisions of this section. In adopting rules, the secretary shall consult with the Division of Corrections, the Supreme Court of Appeals and the Parole Board. In no event may the person be released from confinement prior to trial. A witness called by either party may testify by telephone.
§62-11D-5. Trial; rights of parties.
(1) Within forty-five days after the completion of any hearing held, the court shall conduct a trial to determine whether the person is a sexually violent predator. The trial may be continued upon the request of either party and a showing of good cause, or by the court on its own motion in the due administration of justice, and when the respondent will not be substantially prejudiced. At all stages of the proceedings under this article, any person subject to being determined a violent sexual predator prior to release under this article shall be entitled to the assistance of counsel, and if the person is indigent, the court shall appoint counsel to assist him or her. The person shall be confined in a secure facility for the duration of the trial.
(2) Any person subjected to an examination for determination as a violent sexual predator prior to release under this article, may retain experts or professional persons to perform an examination on their behalf. When the person wishes to be examined by a qualified expert or professional person of his or her own choice, the examiner shall be permitted to have reasonable access to the person for the purpose of examination, as well as to all relevant medical and psychological records and reports. In the case of a person who is indigent, the court shall, upon the person's request, assist the person in obtaining an expert or professional person to perform an examination or participate in the trial on the person's behalf.
(3) The person, the prosecuting attorney or the judge have the right to demand that the trial be before a twelve-person jury. If no demand is made, the trial shall be before the court.
§62-11D-6. Trial; determination; commitment procedures.
The court or jury shall determine whether, beyond a reasonable doubt, the person is a sexually violent predator. In determining whether or not the person would be likely to engage in predatory acts of sexual violence if not confined in a secure facility, the fact finder may consider only placement conditions and voluntary treatment options that would exist for the person if unconditionally released from detention on the sexually violent predator petition. When the determination is made by a jury, the verdict must be unanimous.
If, on the date that the petition is filed, the person is living in the community after release from custody, the state must also prove beyond a reasonable doubt that the person committed a recent overt act. If the state alleges that the prior sexually violent offense that forms the basis for the petition for commitment was an act that was sexually motivated, the state must prove beyond a reasonable doubt that the alleged sexually violent act was sexually motivated.
If the court or jury determines that the person is a sexually violent predator, the person shall be committed to the custody of the Department of Health and Human Resources for placement in a secure facility operated by the department for control, care, and treatment until: ~~such time as~~ (a) The person's condition has so changed that the person no longer meets the definition of a sexually violent predator; or (b) conditional release to a less restrictive alternative is in the best interest of the person and conditions can be imposed that would adequately protect the community.
§62-11D-7. Annual examinations of persons committed under chapter.
Each person committed under the provisions of this article shall have a current examination of his or her mental condition made by the Department of Health and Human Resources at least once every year. The annual report shall include consideration of whether the committed person currently meets the definition of a sexually violent predator and whether conditional release to a less restrictive alternative is in the best interest of the person and conditions can be imposed that would adequately protect the community. The Department of Health and Human Resources shall file this periodic report on the status of each person committed under this article with the court committing the person. The report shall be certified and shall be prepared by a professionally qualified person as defined by rules proposed by the secretary. A copy of the report shall be served on the prosecuting attorney involved in the initial commitment and upon the committed person and his or her counsel. The committed person may retain, or if he or she is indigent and so requests, the court may appoint a qualified expert or a professional person to examine him or her, and the expert or professional person shall have access to all records concerning the person.
§62-11D-8. Rights of persons committed.
(1) Any person subjected to restricted liberty as a sexually violent predator pursuant to this article shall not forfeit any legal right or suffer any legal disability as a consequence of any actions taken or orders made, other than as specifically provided in this article.
(2) Any person committed has the right to adequate care and individualized treatment. The Department of Health and Human Resources shall maintain records detailing all medical, expert and professional care and treatment received by a committed person and shall keep copies of all reports of periodic examinations of the person. All records and reports shall be made available upon request only to: The committed person; his or her attorney; the prosecuting attorney; the court; or another expert or professional person who, upon proper showing, demonstrates a need for access to the records.
(3) At the time a person is taken into custody or transferred into a facility pursuant to a petition, the professional person in charge of the facility or his or her designee shall take reasonable precautions to inventory and safeguard the personal property of the person detained or transferred. A copy of the inventory, signed by the staff member making it, shall be given to the person detained and shall, in addition, be open to inspection to any responsible relative or representative, subject to limitations, if any, specifically imposed by the detained person. For purposes of this subsection, "responsible relative or representative" includes the guardian, conservator, attorney, spouse, parent, adult child or adult brother or sister of the person. The facility shall not disclose the contents of the inventory to any other person without the consent of the committed person or by order of the court.
(4) Nothing in this article prohibits a person presently committed from exercising a right available to him or her for the purpose of obtaining release from confinement, including the right to petition for a writ of habeas corpus.
(5) No indigent person may be conditionally released or unconditionally discharged under this article without suitable clothing, and the secretary shall furnish the person with money as may be required for persons without funds who are released from correctional institutions. As funds are available, the secretary may provide payment to an indigent person conditionally released.

§62-11D-9. Petition for conditional release to less restrictive alternative or unconditional discharge; Procedures.

(1) If the secretary determines that the person's condition has so changed that either: (a) The person no longer meets the definition of a sexually violent predator; or (b) conditional release to a less restrictive alternative is in the best interest of the person and conditions can be imposed that adequately protect the community, the secretary shall authorize the person to petition the court for conditional release to a less restrictive alternative or unconditional discharge. The petition shall be filed with the court and served upon the prosecuting agency responsible for the initial commitment. The court, upon receipt of the petition for conditional release to a less restrictive alternative or unconditional discharge, shall within forty-five days order a hearing.
(2) (a) Nothing contained in this article shall prohibit the person from otherwise petitioning the court for conditional release to a less restrictive alternative or unconditional discharge without the secretary's approval. The secretary shall provide the committed person with an annual written notice of the person's right to petition the court for conditional release to a less restrictive alternative or unconditional discharge over the secretary's objection. The notice shall contain a waiver of rights. The secretary shall file the notice and waiver form and the annual report with the court. If the person does not affirmatively waive the right to petition, the court shall set a show cause hearing to determine whether probable cause exists to warrant a hearing on whether the person's condition has so changed that: (i) He or she no longer meets the definition of a sexually violent predator; or (ii) conditional release to a proposed less restrictive alternative would be in the best interest of the person and conditions can be imposed that would adequately protect the community.
(b) The committed person shall have a right to have an attorney represent him or her at the show cause hearing, which may be conducted solely on the basis of affidavits or declarations, but the person is not entitled to be present at the show cause hearing. At the show cause hearing, the prosecuting attorney shall present prima facie evidence establishing that the committed person continues to meet the definition of a sexually violent predator and that a less restrictive alternative is not in the best interest of the person and conditions cannot be imposed that adequately protect the community. In making this showing, the state may rely exclusively upon the annual report. The committed person may present responsive affidavits or declarations to which the state may reply.
(c) If the court at the show cause hearing determines that either: (i) The state has failed to present prima facie evidence that the committed person continues to meet the definition of a sexually violent predator and that no proposed less restrictive alternative is in the best interest of the person and conditions cannot be imposed that would adequately protect the community; or (ii) probable cause exists to believe that the person's condition has so changed that: (A) The person no longer meets the definition of a sexually violent predator; or (B) release to a proposed less restrictive alternative would be in the best interest of the person and conditions can be imposed that would adequately protect the community, then the court shall set a hearing on either or both issues.
(d) If the court has not previously considered the issue of release to a less restrictive alternative, either through a trial on the merits or through the procedures set forth in this article, the court shall consider whether release to a less restrictive alternative would be in the best interests of the person and conditions can be imposed that would adequately protect the community, without considering whether the person's condition has changed.
(3) (a) At the hearing resulting from subsection (1) or (2) of this section, the committed person shall be entitled to be present and to the benefit of all constitutional protections that were afforded to the person at the initial commitment proceeding. The prosecuting attorney shall represent the state and shall have a right to a jury trial and to have the committed person evaluated by experts chosen by the state. The committed person shall also have the right to a jury trial and the right to have experts evaluate him or her on his or her behalf and the court shall appoint an expert if the person is indigent and requests an appointment.
(b) If the issue at the hearing is whether the person should be unconditionally discharged, the burden of proof shall be upon the state to prove beyond a reasonable doubt that the committed person's condition continues to meet the definition of a sexually violent predator. Evidence of the prior commitment trial and disposition is admissible.
(c) If the issue at the hearing is whether the person should be conditionally released to a less restrictive alternative, the burden of proof at the hearing shall be upon the state to prove beyond a reasonable doubt that conditional release to any proposed less restrictive alternative either: (i) Is not in the best interest of the committed person; or (ii) does not include conditions that would adequately protect the community. Evidence of the prior commitment trial and disposition is admissible.
(4) (a) Probable cause exists to believe that a person's condition has "so changed", under subsection (2) of this section, only when evidence exists, since the person's last commitment trial proceeding, of a substantial change in the person's physical or mental condition either no longer meets the definition of a sexually violent predator or that a conditional release to a less restrictive alternative is in the person's best interest and conditions can be imposed to adequately protect the community.
(b) A new trial proceeding under subsection (3) of this section may be ordered, or held, only when there is current evidence from a licensed professional of one of the following and the evidence presents a change in condition since the person's last commitment trial proceeding:
(i) An identified physiological change to the person, including paralysis, stroke or dementia, that renders the committed person unable to commit a sexually violent act and this change is permanent; or
(ii) A change in the person's mental condition brought about through positive response to continuing participation in treatment which indicates that the person meets the standard for conditional release to a less restrictive alternative or that the person would be safe to be at large if unconditionally released from commitment.
(c) For purposes of this section, a change in a single demographic factor, without more, does not establish probable cause for a new trial proceeding under subsection (3) of this section. As used in this section, a single demographic factor includes, but is not limited to, a change in the chronological age, marital status or gender of the committed person.
(5) The jurisdiction of the court over a person civilly committed pursuant to this article continues until the person is unconditionally discharged.

§62-11D-10. Conditional release to less restrictive alternative; findings.

Before the court may enter an order directing conditional release to a less restrictive alternative, it must find the following: (1) The person will be treated by a treatment provider who is qualified to provide the treatment in this state; (2) the treatment provider has presented a specific course of treatment and has agreed to assume responsibility for the treatment and will report progress to the court on a regular basis and will report violations immediately to the court, the prosecutor, the probation officer and the director of a special commitment center; (3) housing exists that is sufficiently secure to protect the community and the person or agency providing housing to the conditionally released person has agreed in writing to accept the person, to provide the level of security required by the court and immediately to report to the court, the prosecutor, the probation officer and the director of a special commitment center if the person leaves the housing to which he or she has been assigned without authorization; (4) the person is willing to comply with the treatment provider and all requirements imposed by the treatment provider and by the court; and (5) the person is willing to comply with supervision requirements imposed by the Division of Corrections, the Department of Health and Human Resources and the Parole Board.

§62-11D-11. Conditional release to less restrictive alternative; verdict.

(1) Upon the conclusion of the evidence in a hearing held pursuant to section nine of this article or through summary judgment proceedings prior to the hearing, if the court finds that there is no legally sufficient evidentiary basis for a reasonable jury to find that the conditions set forth in section ten of this article have been met, the court shall grant a motion by the state for a judgment as a matter of law on the issue of conditional release to a less restrictive alternative.
(2) Whenever the issue of conditional release to a less restrictive alternative is submitted to the jury, the court shall instruct the jury to return a verdict in substantially the following form: Has the state proved beyond a reasonable doubt that either: (a) The proposed less restrictive alternative is not in the best interests of respondent; or (b) does not include conditions that would adequately protect the community? Answer: Yes or No.

§62-11D-12. Conditional release to less restrictive alternative; judgment; conditions; annual review.

(1) If the court or jury determines that conditional release to a less restrictive alternative is in the best interest of the person and includes conditions that would adequately protect the community, and the court determines that the minimum conditions set forth in section ten of this article and in this section are met, the court shall enter judgment and direct a conditional release.
(2) The court shall impose any additional conditions necessary to ensure compliance with treatment and to protect the community. If the court finds that conditions do not exist that will both ensure the person's compliance with treatment and protect the community, then the person shall be remanded to the custody of the Department of Health and Human Resources for control, care and treatment in a secure facility.
(3) If the service provider designated by the court to provide inpatient or outpatient treatment or to monitor or supervise any other terms and conditions of a person's placement in a less restrictive alternative is other than the Department of Health and Human Resources or the Division of Corrections, then the service provider so designated must agree in writing to provide treatment, monitoring, or supervision in accord with this section. Any person providing or agreeing to provide treatment, monitoring or supervision services pursuant to this article may be compelled to testify and any privilege with regard to the person's testimony is deemed waived.
(4) Prior to authorizing any release to a less restrictive alternative, the court shall impose conditions upon the person as are necessary to ensure the safety of the community. One condition that shall always be ordered by the court is that the person be required to wear a monitoring device as designated by the State Police to allow the State Police to monitor the movement of the person twenty four hours a day through a global positioning system device. If the person refuses to wear the monitoring device, or agrees to wear it and then removes it or disables the device, he or she shall be subject to the provisions of section thirteen of this article regarding arrest, revocation and modification of conditional release. The court shall order the Division of Corrections and the Department of Health and Human Resources to investigate the less restrictive alternative and recommend any additional conditions to the court. These conditions shall include, but are not limited to the following: Specification of residence, prohibition of contact with potential or past victims, prohibition of alcohol and other drug use, participation in a specific course of inpatient or outpatient treatment that may include monitoring by the use of polygraph and plethysmograph, supervision by a Division of Corrections community corrections officer, a requirement that the person remain within the state unless the person receives prior authorization by the court, and any other conditions that the court determines are in the best interest of the person or others. A copy of the conditions of release shall be given to the person and to any designated service providers.
(5) Any service provider designated to provide inpatient or outpatient treatment shall monthly, or as otherwise directed by the court, submit to the court, to the Department of Health and Human Resources facility from which the person was released, to the prosecutor of the county in which the person was found to be a sexually violent predator, and to the probation officer, a report stating whether the person is complying with the terms and conditions of the conditional release to a less restrictive alternative.
(6) Each person released to a less restrictive alternative shall have his or her case reviewed by the court that released him or her no later than one year after release and annually thereafter until the person is unconditionally discharged. Review may occur in a shorter time or more frequently, if the court, in its discretion on its own motion, or on motion of the person, the secretary or the prosecuting attorney so determines. The sole question to be determined by the court is whether the person shall continue to be conditionally released to a less restrictive alternative. The court in making its determination shall be aided by the periodic reports filed pursuant to subsection (5) of this section and the opinions of the secretary and other experts or professional persons.

§62-11D-13. Conditional release to less restrictive alternative; hearing on revocation or modification; authority to apprehend conditionally released person.

(1) Any service provider submitting reports pursuant to this article, the probation officer, the parole officer or the prosecuting attorney may petition the court, or the court on its own motion may schedule an immediate hearing, for the purpose of revoking or modifying the terms of the person's conditional release to a less restrictive alternative if the petitioner or the court believes the released person is not complying with the terms and conditions of his or her release or is in need of additional care, monitoring, supervision or treatment.
(2) If the prosecuting attorney, the probation officer, parole officer or the court, based upon information received by them, reasonably believes that a conditionally released person is not complying with the terms and conditions of his or her conditional release to a less restrictive alternative, the court, prosecuting attorney, probation officer or parole officer may order that the conditionally released person be apprehended and taken into custody until a hearing can be scheduled to determine the facts and whether or not the person's conditional release should be revoked or modified. The court shall be notified before the close of the next judicial day of the person's apprehension. Both the prosecuting attorney and the conditionally released person shall have the right to request an immediate mental examination of the conditionally released person. If the conditionally released person is indigent, the court shall, upon request, assist him or her in obtaining a qualified expert or professional person to conduct the examination.
(3) The court, upon receiving notification of the person's apprehension, shall promptly schedule a hearing. The issue to be determined is whether the state has proven by a preponderance of the evidence that the conditionally released person did not comply with the terms and conditions of his or her release. Hearsay evidence is admissible if the court finds it otherwise reliable. At the hearing, the court shall determine whether the person shall continue to be conditionally released on the same or modified conditions or whether his or her conditional release shall be revoked and he or she shall be committed to total confinement, subject to release only in accordance with provisions of this article.

§62-11D-14. Department of Health and Human Resources; duties; reimbursement.

The Department of Health and Human Resources shall be responsible for all costs relating to the evaluation and treatment of persons committed to their custody whether in a secure facility or under a less restrictive alternative under any provision of this article.

§62-11D-15. Department of Health and Human Resources; jurisdiction continues after criminal conviction; exception.

A person subject to court order under the provisions of this article who is thereafter convicted of a criminal offense remains under the jurisdiction of the department following: (1) Completion of the criminal sentence; or (2) release from confinement in a state or local correctional facility and shall be returned to the custody of the department.
This section does not apply to persons subject to a court order under the provisions of this article who are thereafter sentenced to life without the possibility of release.

§62-11D-16. Secretary of Health and Human Resources to approve personnel and facilities.

Notwithstanding any other provision of this code to the contrary, the Secretary of the Department of Health and Human Resources shall determine the qualifications, character, suitability and competency requirements for employment or engagement at a community facility provided for in this article. Information submitted to the department by the facility shall include a criminal history records check for all employees of the facility.
§62-11D-17. Release of information authorized.
In addition to any other information required to be released under article twelve, chapter fifteen of this code, the department is authorized to release relevant information that is necessary to protect the public concerning a specific sexually violent predator committed under this article.
§62-11D-18. Notice of escape or disappearance.
In the event of an escape by a person committed under this article from a state institution or the disappearance of a person while on conditional release, the superintendent or probation or parole officer shall notify the following as appropriate: Local-law enforcement officers, other governmental agencies, the person's relatives and any other appropriate persons about information necessary for the public safety or to assist in the apprehension of the person.

§62-11D-19. Notice of conditional release or unconditional discharge; Notice of escape and recapture.

(1) At the earliest possible date, and in no event later than thirty days before conditional release or unconditional discharge, except in the event of escape, the Department of Health and Human Resources shall send written notice of conditional release, unconditional discharge or escape, to the following:
(a) The chief of police of the city, if any, in which the person will reside or in which placement will be made under a less restrictive alternative;
(b) The sheriff of the county in which the person will reside or in which placement will be made under a less restrictive alternative; and
(c) The sheriff of the county where the person was last convicted of a sexually violent offense, if the department does not know where the person will reside.
The department shall notify the State Police of the release of all sexually violent predators and that information shall be placed in the West Virginia Crime Information Center for dissemination to all law enforcement.
(2) The same notice as required by subsection (1) of this section shall be sent to the following if notice has been requested in writing about a specific person found to be a sexually violent predator under this chapter:
(a) The victim or victims of any sexually violent offenses for which the person was convicted in the past or the victim's next of kin if the crime was a homicide. "Next of kin" as used in this section means a person's spouse, parents, siblings and children;
(b) Any witnesses who testified against the person in his or her commitment trial; and
(c) Any person specified in writing by the prosecuting attorney.
Information regarding victims, next of kin or witnesses requesting the notice, information regarding any other person specified in writing by the prosecuting attorney to receive the notice and the notice are confidential and shall not be available to the committed person.
(3) If a person committed as a sexually violent predator under this article escapes from a Department of Health and Human Resources designated facility, the department shall immediately notify, by the most reasonable and expedient means available, the chief of police of the city and the sheriff of the county in which the committed person resided immediately before his or her commitment as a sexually violent predator, or immediately before his or her incarceration for his or her most recent offense. If previously requested, the department shall also notify the witnesses and the victims of the sexually violent offenses for which the person was convicted in the past or the victim's next of kin if the crime was a homicide. If the person is recaptured, the department shall send notice to the persons designated in this subsection as soon as possible but in no event later than two working days after the department learns of recapture.
(4) If the victim or victims of any sexually violent offenses for which the person was convicted in the past or the victim's next of kin, or any witness is under the age of sixteen, the notice required by this section shall be sent to the parents or legal guardian of the child.
(5) The Department of Health and Human Resources shall send the notices required by this chapter to the last address provided to the department by the requesting party. The requesting party shall furnish the department with a current address.
(6) Nothing in this section shall impose any liability upon a chief of police of a city or sheriff of a county for failing to request in writing a notice as provided in subsection (1) of this section.
§62-11D-20. Rulemaking.
The Secretary of the Department of Health and Human Resources is hereby directed to propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement the provisions of this article relating to the citing of facilities, required community involvement, public hearings, restrictions on facilities and staff, protection of the public and compliance with federal laws, state and federal court decisions relating to the treatment and confinement of civilly committed violent sexual offenders.
ARTICLE 12. PROBATION AND PAROLE.
§62-12-2. Eligibility for probation.
(a) All persons who are found guilty of or plead guilty to any felony, the maximum penalty for which is less than life imprisonment, and all persons who are found guilty of or plead guilty to any misdemeanor, shall be eligible for probation, notwithstanding the provisions of sections eighteen and nineteen, article eleven, chapter sixty-one of this code.
(b) The provisions of subsection (a) of this section to the contrary notwithstanding, any person who commits or attempts to commit a felony with the use, presentment or brandishing of a firearm ~~shall be~~ is ineligible for probation and any person who commits an offense against a minor under the age of sixteen in violation of article eight-b, article eight-c, sections five and six, article eight-d, section fourteen, article two, or sections six, seven, twelve and thirteen, article eight, chapter sixty-one of this code is ineligible for probation and is ineligible for the granting of "good time" credit for any portion of his or her sentence.
Any person who has been convicted of a criminal offense and the sentencing judge made a written finding that the offense was sexually motivated shall also register as set forth in this article. ~~Nothing in~~ The provisions of this section relating to the use of a firearm ~~shall~~ does not apply to an accessory before the fact or a principal in the second degree who has been convicted as if he or she were a principal in the first degree if, in the commission of or in the attempted commission of the felony, only the principal in the first degree used, presented or brandished a firearm.
(c) (1) The existence of any fact which would make any person ineligible for probation under subsection (b) of this section because of the commission or attempted commission of a felony with the use, presentment or brandishing of a firearm shall not be applicable unless such fact is clearly stated and included in the indictment or presentment by which such person is charged and is either: (i) Found by the court upon a plea of guilty or nolo contendere; or (ii) found by the jury, if the matter be tried before a jury, upon submitting to such jury a special interrogatory for such purpose; or (iii) found by the court, if the matter be tried by the court, without a jury.
(2) The amendments to this subsection adopted in the year one thousand nine hundred eighty-one:
(A) Shall apply to all applicable offenses occurring on or after the first day of August of that year;
(B) Shall apply with respect to the contents of any indictment or presentment returned on or after the first day of August of that year irrespective of when the offense occurred;
(C) Shall apply with respect to the submission of a special interrogatory to the jury and the finding to be made thereon in any case submitted to such jury on or after the first day of August of that year or to the requisite findings of the court upon a plea of guilty or in any case tried without a jury: Provided, That the state shall give notice in writing of its intent to seek such finding by the jury or court, as the case may be, which notice shall state with particularity the grounds upon which such finding shall be sought as fully as such grounds are otherwise required to be stated in an indictment, unless the grounds therefor are alleged in the indictment or presentment upon which the matter is being tried;
(D) Shall not apply with respect to cases not affected by ~~such~~ the amendment and in ~~such~~ those cases, the prior provisions of this section shall apply and be construed without reference to ~~such~~ the amendment; and
Insofar as ~~such~~ the amendments relate to mandatory sentences without probation, all ~~such~~ matters requiring ~~such~~ the sentence shall be proved beyond a reasonable doubt in all cases tried by the jury or the court.
(d) For the purpose of this section, the term "firearm" ~~shall mean~~ means any instrument which will, or is designed to, or may readily be converted to, expel a projectile by the action of an explosive, gunpowder or any other similar means.
(e) In the case of any person who has been found guilty of, or pleaded guilty to, a felony or misdemeanor under the provisions of section twelve or twenty-four, article eight, chapter sixty-one of this code, or under the provisions of article eight-c or eight-b of said chapter, ~~such~~ the person ~~shall only be eligible for probation after undergoing~~ shall also undergo a physical, mental and psychiatric study and diagnosis which shall include an on-going treatment plan requiring active participation in sexual abuse counseling at a mental health facility or through some other approved program after release from prison: Provided, That nothing disclosed by the person during ~~such~~ a study or diagnosis ~~shall be~~ may be made available to any law-enforcement agency, or other party without that person's consent, or admissible in any court of this state, unless ~~such~~ the information disclosed shall indicate the intention or plans of the probationer to do harm to any person, animal, institution or property, in which case ~~such~~ the information may be released only to ~~such~~ those persons as might be necessary for protection of the ~~said~~ person, animal, institution or property.
(f) Any person who has been convicted of a violation of the provisions of article eight-b, eight-c or sections five and six, article eight-d, chapter sixty-one of this code, or of section fourteen, article two or of sections twelve and thirteen, article eight, chapter sixty-one of this code, or of a felony violation involving a minor of section six or seven, article eight, chapter sixty-one of this code, or of a similar provision in another jurisdiction shall be required to be registered upon release ~~on probation~~ from incarceration. ~~Any person who has been convicted of an attempt to commit any of the offenses set forth in this subsection shall also be registered upon release on probation.~~
(g) ~~The probation officer~~ The Division of Corrections shall, within three days of release of the sexual offender, send written notice to the state police of the release of the offender. The notice shall include:
(1) The full name of the person;
(2) The address where the person shall reside;
(3) The person's social security number;
(4) A recent photograph of the person;
(5) A brief description of the crime for which the person was convicted;
(6) Fingerprints; and
(7) For any person determined to be a sexually violent predator as defined in section two-a, article twelve, chapter fifteen of this code, the notice shall also include:
(i) Identifying factors, including physical characteristics;
(ii) History of the offense; and
(iii) Documentation of any treatment received for the mental abnormality or personality disorder.

§62-12-26. Extended supervision for certain sex offenders; sentencing; conditions; supervision provisions; supervision fee.

(a) ~~Notwithstanding any provision of this code to the contrary,~~ Any defendant convicted ~~after the effective date of this section of~~ a violation of section twelve, article eight, chapter sixty-one of this code or a felony violation of the provisions of article eight-b, except section three of article eight-b, eight-c or eight-d of ~~said~~ chapter ~~may~~ shall, as part of the sentence imposed at final disposition, be required to serve, in addition to any other penalty or condition imposed by the court, a period of supervised release of not less than ten nor more than ~~up to~~ fifty years. The period of supervised release imposed by the provisions of this section shall begin upon the expiration ~~of any period of probation, the expiration~~ of any sentence of incarceration or the expiration of any period of parole supervision imposed or required of the person so convicted, whichever expires later.
(b) Any person sentenced to a period of supervised release pursuant to the provisions of this section shall be supervised by the probation office of the sentencing court or by the community corrections program established in said circuit unless jurisdiction is transferred elsewhere by order of the sentencing court.
(c) A defendant sentenced to a period of supervised release shall be subject to any or all of the conditions applicable to a person placed upon probation pursuant to the provisions of section nine, article twelve, chapter sixty-one of this code: Provided, That any defendant sentenced to a period of supervised release pursuant to this section shall be required to participate in appropriate offender treatment programs or counseling during the period of supervised release unless the court deems ~~such to~~ it no longer be appropriate or necessary and makes express findings in support thereof.
(d) The sentencing court may, based upon defendant's ability to pay, impose a supervision fee to offset the cost of supervision. ~~Said~~ the fee shall not exceed fifty dollars per month. Said fee may be modified periodically based upon the defendant's ability to pay.
(e) Modification of conditions or revocation. -- The court may:
(1) Terminate a term of supervised release and discharge the defendant released at any time after the expiration of ~~two~~ ten years of supervised release, pursuant to the provisions of the West Virginia Rules of Criminal Procedure relating to the modification of probation, if it is satisfied that ~~such~~ the action is warranted by the conduct of the defendant released and the interests of justice;
(2) Extend a period of supervised release if less than the maximum authorized period was previously imposed or modify, reduce or enlarge the conditions of supervised release, at any time prior to the expiration or termination of the term of supervised release, consistent with the provisions of the West Virginia Rules of Criminal Procedure relating to the modification of probation and the provisions applicable to the initial setting of the terms and conditions of post-release supervision;
(3) Revoke a term of supervised release and require the defendant to serve in prison all or part of the term of supervised release without credit for time previously served on supervised release if the court, pursuant to the West Virginia Rules of Criminal Procedure applicable to revocation of probation, finds by clear and convincing evidence that the defendant violated a condition of supervised release, except that a defendant whose term is revoked under this subdivision may not be required to serve more than the period of supervised release: Provided, That no person may serve a period of incarceration for a violation of supervised release which exceeds the maximum statutory period of confinement for the offense of conviction underlying the period of supervised release;
(4) Order the defendant to remain at his place of residence during nonworking hours and ~~if the court so directs, to~~ have compliance monitored by telephone or electronic signaling devices, including "GPS" monitoring, except that an order under this paragraph may be imposed only as an alternative to incarceration.
(f) Written statement of conditions. -- The court shall direct that the probation officer provide the defendant with a written statement that sets forth all the conditions to which the term of supervised release is subject and that it is sufficiently clear and specific to serve as a guide for the defendant's conduct and for such supervision as is required.
(g) Supervised release following revocation. -- When a term of supervised release is revoked and the defendant is required to serve a term of imprisonment that is less than the maximum term of imprisonment authorized under subsection (a) of this section, the court may include a requirement that the defendant be placed on a term of supervised release after imprisonment. The length of such term of supervised release shall not exceed the term of supervised release authorized by this section less any term of imprisonment that was imposed upon revocation of supervised release.
(h) Delayed revocation. -- The power of the court to revoke a term of supervised release for violation of a condition of supervised release and to order the defendant to serve a term of imprisonment and, subject to the limitations in subsection (f) of this section, a further term of supervised release extends beyond the expiration of the term of adjudication of matters arising before its expiration if, before its expiration, a warrant or summons has been issued on the basis of an allegation of such a violation.

§62-12-26a. Imprisonment for life for sexually violent predators and imprisonment from twenty-five years to life for first degree sexual offenses against minors; split sentencing; terms and conditions of supervised release; extended supervision; electronic monitoring; penalty for destruction of monitor.

(a) Any defendant determined to be a sexually violent predator or who is convicted of a second violent sexual offense as set forth in section two-a, article twelve, chapter fifteen of this code after the effective date of this section shall be sentenced to a term of life in prison or a split sentence that is a term of not less than twenty-five years and not more than life imprisonment followed community control for the remainder of the person's natural life. The period of community control imposed by the provisions of this section shall begin upon the expiration of any sentence of incarceration.
A person sentenced to a term of imprisonment for a term of twenty-five years to life under the provisions of section three, article eight-b, chapter sixty one of this code who has served the term of confinement may be released from confinement only to community control for the remainder of his or her life as provided in this section.
(b) Any person sentenced and released from prison for a period of supervised release pursuant to the provisions of this section shall be supervised by the probation office of the sentencing court or by the community corrections program established in said circuit unless jurisdiction is transferred elsewhere by order of the sentencing court.
(c) A defendant released sentenced to a period of supervised release under the provisions of this section shall be subject to any or all of the conditions applicable to a person placed upon probation pursuant to the provisions of section nine, article twelve, chapter sixty-one of this code: Provided, That any defendant released or sentenced to a period of supervised release pursuant to this section shall be required to participate in appropriate offender treatment programs or counseling during the period of supervised release unless the court deems it no longer appropriate or necessary and makes express findings in support thereof. In addition to any other provision of this subsection, the court must impose the following conditions of community control:
(1) As part of a treatment program, participation at least annually in polygraph examinations to obtain information necessary for risk management and treatment and to reduce the sex offender's denial mechanisms. A polygraph examination must be conducted by a polygraph operator trained specifically in the use of the polygraph for the monitoring of sex offenders, where available, and shall be paid for by the sex offender. The results of the polygraph examination shall not be used as evidence in court to prove that a violation of community supervision has occurred.
(2) Maintenance of a driving log and a prohibition against driving a motor vehicle alone without the prior approval of the supervising probation officer.
(3) A prohibition against obtaining or using a post-office box without the prior approval of the supervising officer.
(4) If there was sexual contact, a submission to, at the community controllee's expense, an HIV test with the results to be released to the victim or the victim's parent or guardian.
The court must order, in addition to any other provision of this section, mandatory electronic monitoring, including as necessary "GPS" device monitoring of a community controllee designated a sexual predator as set out in the provisions of section two-a, article twelve, chapter fifteen of this code if the unlawful sexual activity involved a victim sixteen years of age or younger or the person was convicted under the provisions of section three, article eight-b, chapter sixty one of this code.
In carrying out a court order to electronically monitor an offender, the probation officer or other designee must use a system that actively monitors and identifies the offender's location and timely reports or records the offender's presence near or within a crime scene or in a prohibited area or the offender's departure from specified geographic limitations. A person who intentionally alters, tampers with, damages or destroys any electronic monitoring equipment pursuant to court or commission order, unless the person is the owner of the equipment, or an agent of the owner, performing ordinary maintenance and repairs is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one nor more than five years.
(d) The sentencing court shall, based upon defendant's ability to pay, impose a supervision fee to offset the cost of supervision. The fee may not exceed one hundred dollars per month.
(e) The court may revoke a term of supervised release and require the defendant to serve in prison all or part of the term of supervised release without credit for time previously served on supervised release if the court, pursuant to the West Virginia Rules of Criminal Procedure applicable to revocation of probation, finds by clear and convincing evidence that the defendant violated a condition of supervised release.
(f) The court shall direct that the probation officer or designee to provide the defendant with a written statement that sets forth all the conditions to which the term of supervised release is subject and that it is sufficiently clear and specific to serve as a guide for the defendant's conduct and for supervision as is required.
Following discussion,
The question being on the adoption of Senator Sprouse's amendment to the bill (Com. Sub. for S. B. No. 205), and on this question, Senator Sprouse demanded the yeas and nays.
On this question, the yeas were: Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Jenkins, Lanham, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--28.
The nays were: Bailey, Foster, Hunter, Kessler and McCabe--5.
Absent: Helmick--1.
So, a majority of those present and voting having voted in the affirmative, the President declared Senator Sprouse's amendment to the bill (Com. Sub. for S. B. No. 205) adopted.
The bill, as amended, was ordered to engrossment.
Engrossed Committee Substitute for Senate Bill No. 205 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Helmick--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 205) passed.
On motion of Senator Sprouse, the following amendment to the title of the bill was reported by the Clerk and adopted:
On pages one through three, by striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 205-- A Bill to amend and reenact §15-12-1, §15-12-1a, §15-12-2, §15-12-2a, §15-12-2b and §15-12-8 of the Code of West Virginia, 1931, as amended; to amend and reenact §61-2-14 of said code; to amend and reenact §61-8-6, §61-8-7 and §61-8-12 of said code; to amend and reenact §61-8B-3, §61-8B-4, §61-8B-5, §61-8B-7, §61-8B-8, §61-8B-9 and §61-8B-10 of said code; to amend and reenact §61-8C-2 and §61-8C-3 of said code; to amend and reenact §61-8D-5 and §61-8D-6 of said code; to amend said code by adding thereto a new article, designated §62-11D-1, §62-11D-2, §62-11D-3, §62-11D-4, §62-11D-5, §62-11D-6, §62-11D-7, §62-11D-8, §62-11D-9, §62-11D-10, §62-11D-11, §62-11D-12, §62-11D-13, §62-11D-14, §62-11D-15, §62-11D-16, §62-11D-17, §62-11D-18, §62-11D-19 and §62-11D-20; to amend and reenact §62-12-2 of said code; to amend and reenact §62-12-26 of said code; and to amend said code by adding thereto a new section, designated §62-12-26a, all relating to establishing Logan's Law; setting forth certain findings; increasing penalties for certain sex offenses against minors; eliminating probation for certain sex offenders; providing for a sentence of life in prison without parole for certain offenses that result in the death of a minor; prohibiting sex offenders from residing in certain area; limiting access to minors by sex offenders; eliminating the granting of "good time" by prison officials for persons convicted of crimes against minors; including persons convicted of a second violent sexual offense as a violent sexual predator; requiring twice yearly registration and reregistration by violent sexual predators, providing criminal offenses for failing to reregister, failing to respond to address verification, failing to report or providing false information about a violent sexual predator and harboring or concealing a sexual predator; providing penalties for violations; providing for 25-year mandatory minimum term of imprisonment for violent sexual predators; providing a sentence for life for violent sexual predators who commit certain sexual crimes against certain minors; providing for split sentencing; requiring the court to impose a split sentence in certain circumstances; requiring increased supervision of violent sexual predators under certain circumstances; requiring use of electronic monitoring device, including "GPS" monitoring, before release of certain offenders; prohibiting the intentional altering, tampering, damaging or destroying of any electronic monitoring equipment; providing a penalty for violations establishing a procedure for committing sexually violent predators; setting forth certain findings; requiring notice to prosecuting attorney of proposed release of sexually violent predator; providing for the filing of a commitment petition for a sexually violent predator; providing for a probable cause hearing on the petition; setting forth certain rights of the parties; requiring the filing of a petition for conditional release; setting forth procedures for determining unconditional discharge of sexually violent predator; providing for hearing on least restrictive alternative; conditional release to a less restrictive setting; providing for the apprehension of persons placed in less restrictive alternatives; hearing and revocation of placement; setting forth certain responsibilities of the Department of Health and Human Resources; approval of community service personnel by Department of Health and Human Resources; providing for the release of certain information; establishing a procedure on escape or disappearance of violent sexual offenders; notice of escape and recapture; and providing for rules for legislative approval; specifying additional conditions for certain violent sexual offenders placed under community control; providing for imprisonment for life for sexually violent predators and imprisonment from twenty-five years to life for first degree sexual offenses against minors; providing for split sentencing; providing for terms and conditions of supervised release; extended supervision; electronic monitoring; and penalty for destruction of monitoring device.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
On motion of Senator McKenzie, the Senate reconsidered the vote by which in earlier proceedings today it rejected Senator Chafin's motion to suspend the constitutional rule requiring a bill to be read on three separate days, as to
Com. Sub. for Com. Sub. for Senate Bill No. 206, Relating to floodplain management and flood debris cleanup.
The vote thereon having been reconsidered,
The question again being on the adoption of Senator Chafin's motion to suspend the constitutional rule requiring a bill to be read on three separate days.
The roll being taken, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Helmick--1.
So, four fifths of the members present and voting having voted in the affirmative, the President declared the motion to suspend the constitutional rule adopted.
The bill (Com. Sub. for Com. Sub. for S. B. No. 206) was read a second time.
On motion of Senator Chafin, the Senate recessed for five minutes.
Upon expiration of the recess, the Senate reconvened and resumed consideration of
Com. Sub. for Com. Sub. for Senate Bill No. 206, Relating to floodplain management and flood debris cleanup.
On motion of Senator Kessler, the following amendment to the bill was reported by the Clerk and adopted:
On page four, section three-u, line seven, after the word "requirement" by changing the period to a colon and inserting the following proviso: Provided, however, That the authority granted in this section to county commissions and municipal governing bodies shall not extend to any equipment or activities related to the exploration, production, development, storage or transmission or oil or natural gas.
The bill (Com. Sub. for Com. Sub. for S. B. No. 206), as amended, was ordered to engrossment and third reading.
Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 206 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Helmick--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 206) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Thursday, March 2, 2006, at 11 a.m.
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