SELECT H_journal.id AS ID_Field FROM H_journal ORDER BY H_journal.id DESC WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2006
SIXTIETH DAY
____________

Charleston, W. Va., Saturday, March 11, 2006

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)

Prayer was offered by the Honorable Walt Helmick, a senator from the fifteenth district.

Pending the reading of the Journal of Friday, March 10, 2006,

On motion of Senator Dempsey, 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.

Senator Tomblin (Mr. President) presented the following communication, comprising the annual report of the West Virginia Commission on Uniform State Laws, which was received:
WEST VIRGINIA COMMISSION ON
UNIFORM STATE LAWS
REPORT TO THE WEST VIRGINIA LEGISLATURE
REGULAR SESSION, 2006
I.

INTRODUCTION

The West Virginia Commissioners on Uniform State Laws submit this annual report to the West Virginia Legislature in accordance with the provisions of West Virginia Code §29-1A-4. Since the establishment of the West Virginia Commission on Uniform State Laws, its members have regularly and actively participated in the National Conference of Commissioners on Uniform State Laws (Also called the "National Conference", the "Uniform Law Conference" ("ULC") and "Conference"). From the Model Acts promulgated by the Conference, the West Virginia Commissioners have selected those which they think would be most immediately beneficial to the State of West Virginia and have worked with the state Legislature for their passage.

II.HISTORY OF NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS

In 1889, the New York Bar Association appointed a special committee on uniformity of laws. In the next year, the New York Legislature authorized the appointment of Commissioners "to examine certain subjects of national importance that seemed to show conflict among the laws of the several commonwealths, to ascertain the best means to effect an assimilation or uniformity in the laws of the states, and especially whether it would be advisable for the State of New York to invite the other states of the Union to send representatives to a convention to draft uniform laws to be submitted for approval and adoption by the several states." In that same year, the American Bar Association adopted a resolution recommending that each state provide for Commissioners to confer with the Commissioners of other states on the subject of uniformity of legislation on certain subjects. In August of 1892, the first National Conference of Commissioners on Uniform State Laws ("NCUSSL", also called Uniform Laws Commission or "ULC" and "National Conference") convened in Saratoga, New York, three days preceding the annual meeting of the American Bar Association.

By 1912, every state was participating in the ULC. In each year of service, the ULC has steadily increased its contribution to state law. The ULC has attracted some of the best of the profession. In 1912, Woodrow Wilson became a member. This, of course, was before his more notable political prominence and service as President of the United States. Justices of the Supreme Court of the United States (Louis Brandeis, Wiley Rutledge and William Rehnquist) have been members. Legal scholars have served in large numbers. Examples are Professors Wigmore, Williston, Pound and Bogart. This distinguished body has guaranteed that the projects of the ULC are of the highest quality and are enormously influential upon the process of the law.

As it has developed in its 113 years, the ULC is a confederation of state interests. It arose out of the concerns of state government for the improvement of the law and for better interstate relationships. Its sole purpose has been, and remains, service to state government and improvement of state law.
III.

THE OPERATION OF THE ULC

The National Conference is convened as a body once a year. It meets for a period of eight days, usually in late July or early August. In the interim period between the annual meetings, drafting committees composed of Commissioners meet to supply the working drafts which are considered at the annual meeting. The various drafts are accessible on the Internet. The address is www.nccusl.org. At each annual meeting, the latest drafts of the drafting committees are read and debated. Normally, each Act is considered over a minimum period of two years. No Act becomes officially recognized as a Uniform Act until the National Conference is satisfied that it is ready for consideration in the state legislatures. It is then put to a vote of the state delegations, during which each state caucuses and votes as a unit.

The governing body is the ULC Executive Committee, composed of the officers, certain ex officio members and members appointed by the President of the ULC. Certain activities are conducted by standing committees. For example, the Committee on Scope and Program considers all new subject areas for possible Uniform Acts. The Legislative Committee superintends the relationships of the ULC to the state legislatures.

A small staff located in Chicago operates the national office of the ULC. The national office handles meeting arrangements, publications, legislative liaison and general administration for the ULC. The total staff numbers only nine people.

The ULC maintains relations with several sister organizations. Official liaison is maintained with the American Bar Association, which contributes an amount each year to the operation of the ULC. Liaison is also maintained with the American Law Institute, the Council of State Governments and the National Conference of State Legislatures on an ongoing basis. The Uniform Commercial Code is a continuing joint project of the ULC and the American Law Institute. Liaison and activities may be conducted with other associations as interests and activities necessitate.

IV.ACTIVITIES OF THE WEST VIRGINIA COMMISSION ON UNIFORM STATE LAWS

Committee Assignments:

The West Virginia Commissioners are Richard E. Ford of Lewisburg; Judge Frederick P. Stamp, Jr., of Wheeling; and Vincent P. Cardi of Morgantown, who succeeded John L. McClaugherty of Charleston. The Commissioners from West Virginia serve on several committees of the National Conference. Richard E. Ford serves on the Committee on Review of Conferences Act, the Study Committee on Misuses of Genetic Information Act, the Study Committee on Electronic Payment Systems and the Committee on Membership and Attendance. Judge Stamp is the Chairperson of the Study Committee on Conflicts of Laws-Limitations Act and serves on the Standby Committee on Uniform Athlete Agents Act. Vincent P. Cardi serves on the Study Committee for Regulation of Medico-Legal Death Investigations.

ULC Offices Held by Commissioners from West Virginia:

Richard E. Ford is a member of the Legislative Council and is Regional Chairman for West Virginia, Virginia, the District of Columbia, Maryland and North Carolina. He has also served for two years on the Executive Committee and has served for two years as Secretary of the National Conference of Commissioners on Uniform State Laws.

Judge Stamp is a trustee of the Uniform Law Foundation.

Vincent P. Cardi is the Legislative Liaison Member.

Former Commissioner John L. McClaugherty served two years as Chairman of the Executive Committee and served two years as President of the ULC, an honor for lawyers second only to the presidency of the American Bar Association.

Work of the West Virginia Commissioners:

The tasks of the three Commissioners, among other duties that arise as their Conference work demands, are to:

Participate as members of the Uniform Laws Commission in drafting Uniform and Model State Acts and other functions of the ULC.

Work with the West Virginia Legislature's Interstate Cooperation committee by:

Reporting on the work of the ULC;

Recommending to this committee Uniform and Model Acts produced by the ULC that the West Virginia Commissioners think the committee should introduce in the Legislature for enactment; and

Working with this committee in advising and assisting the committee in considering these Uniform and Model Acts.

Testify on the Uniform and Model Acts that have been introduced by the Interstate Cooperation committee (or by other legislative committees) before the Judiciary committee or other committees that have taken up these Acts when needed, and otherwise assist the Legislature in gathering information on and understanding these Acts.

Making this annual report about the activities of the West Virginia Commission on Uniform State Laws to the Legislature as called for under the statute which set up the Commission.

V.THE WEST VIRGINIA COMMISSIONERS AND THE ANNUAL CONFERENCE OF THE UNIFORM LAW COMMISSION

Commissioners Ford, Stamp and Cardi attended the 114th Annual Conference of the National Conference of Commissioners on Uniform State Laws in August of 2005 in Pittsburgh, Pennsylvania, where they worked with other Commissioners considering Uniform and Model Acts being presented to the Conference by various committees of state commissioners who have been working on the particular Acts. This year the work of the Conference focused on the following:

Discussing areas of social, commercial and legal concerns which appear to be ripe for new state legislation, and deciding whether to appoint study committees to study and make recommendations as to whether new state statutes should be drafted to address these problem areas.

Deliberating on presentations from existing study committees as to whether a permanent drafting committee should be appointed to actually draft Acts on topics which have been studied over the last several years.

Examining line-by-line preliminary drafts of Acts produced by existing drafting committees on various problems and debating the policy implications of these drafts, the language of the drafts and other matters surrounding these works in progress.

Participating in line-by-line readings of final drafts which are being presented to the Conference for approval by the drafting committees.

Once the final drafts were approved by the Commissioners voting by one vote for each state, the resulting Uniform and Model Acts were sent to the American Bar Association for their review.

The leadership of the Conference, on the advice of other Commissioners, recommended to the Commissioners attending the Conference a list of "Targeted Acts", which are Uniform and Model Acts which it thinks are particularly ripe for presentation to state legislatures.

Throughout the Conference, special conference committees and subcommittees met regularly during the morning, day and evenings on particular tasks involving Conference business.

Throughout the year, committees of Commissioners met, and are continuing to meet, to study problem areas and to draft Model Acts.

Creation of New Study Committees:

At this year's Conference, 13 new study committees were appointed to consider subjects for possible future drafting. These include:

Study Committee on a Bank Deposits Act. This Committee is studying the need for a national model or Uniform Act on bank deposits.

Study Committee on Collaborative Law. This Committee will consider the issue of collaborative law, which is a specialized alternative dispute resolution framework used in many states today in a family law context, i.e., divorce, custody and support proceedings.

Study Committee on the Disposal of Electronic Products. This Committee will review the need for a national uniform or model law addressing the problem of disposing of consumer electronics, which are increasingly barred from typical waste disposal systems because of potentially toxic materials commonly used in various electronic components.

Study Committee on Environmental Controls and Hazards Notice Systems. This Committee will review existing state "one- call" systems (which allow landowners, contractors and other workers to call prior to breaking ground in order to determine if underground utilities are present) to assess whether the value of these systems would be significantly enhanced if environmental use controls and hazards were included in such notice systems, and whether this inclusion can be effectively accomplished by means of a uniform or model state law.

Study Committee on Faithless Presidential Electors. This Committee will study the need for a state statutory remedy in the event a state elector fails to vote in accordance with the voters of his or her state.

Study Committee on Health Care Information Interoperability. This Committee will study various state law impediments to the effective exchange of health care information (electronic and otherwise) between and among health care providers, insurers, government entities and other actors within the health care system, and, in coordination with ongoing state and federal efforts in this area, will assess whether state statutory reform is needed.

Study Committee on the Implementation of International Conventions and Treaties. This Committee will assess the possibility of using state statutory enactments as a means of implementing international private law conventions and treaties, and, as an initial matter, will review and prioritize eight specific unimplemented conventions which overlap, integrate or impact various existing state laws previously promulgated by NCCUSL.

Study Committee on the Regulation of Medical Examiners and Coroners. This Committee is reviewing state and local forensic examination systems to assess the differences between coroner-based and medical examiner-based systems and whether a model state law regulating such systems is needed.

Study Committee on Relocation of Children. This Committee will examine the issue of the relocation of children from one jurisdiction to another in custody disputes. Relocation involves a parent who wants to move with a child over the objections of the other parent; it is one of the fastest-growing kinds of custody litigation in the country today.

10.

Study Committee on Notice and Repair of Construction Defects. This Committee will consider the issue of the obligation of a homeowner to give a builder notice and an opportunity to repair construction defects prior to instituting litigation. Ideally, many alleged construction defects might be resolved without litigation if there existed a formalized, balanced and mandatory prelitigation dispute resolution procedure. Such a process could protect the rights of homeowners to obtain repair and/or compensation for construction defects, while avoiding some portion of the litigation costs that inflate new housing costs.

11.

Study Committee on Electronic Recording of Custodial Interrogations. This Committee will consider the issue of the use of audio and/or video electronic devices to record law-enforcement officers' interviews of felony suspects who are in custody.

12.

Study Committee on Insurance Coverage for Substance Abuse-Related Injuries or Sickness. This Committee will study the issue of whether or not insurers should be permitted to deny coverage in accident and sickness insurance policies for alcohol- or drug-related injuries or losses. The ABA has recently adopted a resolution that "urges all state, territorial and local legislative bodies and governmental officials to repeal laws and discontinue practices that permit insurers to deny coverage for alcohol- or drug-related injuries or losses covered by accident and sickness insurance policies that provide hospital, medical and surgical expense coverage."

13.

Study Committee on the Law of Payment Systems. This Committee, in consultation with the Federal Reserve Board, the American Law Institute and other appropriate groups, will study the law of payment systems in order to determine if a modern and unified payments code, which recognizes differences in payment types and harmonizes the disparities in the various payment systems, should be drafted.

Creation of New Drafting Committees:

Drafting committees composed of Commissioners, with participation from observers, advisors and reporter-drafters, have been meeting and will meet throughout the year. Tentative drafts are not submitted to the entire Conference until they have received extensive committee consideration. Proposed Acts are subjected to rigorous examination and debate in at least two annual meetings before they become eligible for designation as Conference products.

This year eight new drafting committees were created to begin working on new Acts. These are:

Drafting Committee on a Discovery of Electronic Records Act

This Committee is drafting an Act to address a broad array of issues that arise in discovery requests for electronic records.

Drafting Committee on a Uniform Guardianship Interstate Jurisdiction and Enforcement Act

This Committee is drafting an Act that addresses the issue of jurisdiction with regard to guardianships and may also draft conforming amendments to the Uniform Guardianship and Protective Proceedings Act and other Acts impacted by guardianship jurisdiction.

Drafting Committee on an Interstate Depositions and Discovery of Documents Act

This Committee is drafting an Act which would provide a procedure to enable a party to effectuate depositions and discover documents in other states.

Drafting Committee on Misuse of Genetic Information in Employment and Insurance Act

This Committee will draft uniform or model legislation on the misuse of genetic information in the context of employment and health insurance discrimination.

Drafting Committee to Amend the Uniform Unincorporated Association Act

This Committee will review developments relative to the Uniform Unincorporated Association Act, last amended in 1995, and will draft updated amendments to promote the Act's national uniform adoption.

Drafting Committee on Uniform Interstate Emergency Health Care Services Act

The purpose of this Committee is to draft an Act that will provide the necessary reciprocal framework to temporarily lift criminal, civil and administrative penalties for out-of-state licensed health care professionals during a period of emergency. Such an Act will allow state governments to grant emergency licensing reciprocity on an interstate basis and to provide disaster health care workers with protection from civil liability.

Drafting Committee on Certification of Unsworn Foreign Declarations

This Committee will draft an Act that would permit, in state court proceedings, unsworn declarations under penalty of perjury to be executed by witnesses located outside the United States in lieu of affidavits, verifications or other sworn court filings. Obtaining an affidavit abroad can be a costly and time-consuming process. A uniform state law on this subject would be extremely useful in transnational litigation, as it would make it possible to obtain declarations in lieu of sworn affidavits from witnesses located abroad.

Drafting Committee to Amend Intestacy Provisions of the Uniform Probate Code

This Committee will amend the intestacy provisions of the UPC that deal with the inheritance by children. Newer reproductive technologies - including posthumous conception - are becoming more and more commonplace, and yet the inheritance rules that govern in these circumstances are outdated or nonexistent. This Committee will amend specific sections of the UPC and possibly carve those provisions off as a freestanding uniform Act.

Reviewing and Debating Acts Presently Being Drafted by Special Drafting Committees:

We spent several days at the annual meeting reading and vigorously debating the following Acts for possible final consideration next year: Revision of Uniform Limited Liability Company Act; Revision of Uniform Management of Institutional Funds Act (now renamed the Uniform Prudent Management of Institutional Funds Act); Uniform Power of Attorney Act; Uniform Child Abduction Prevention Act; Revision of Uniform Common Interest Ownership Act; Uniform Cooperative Association Act; Revision of Uniform Anatomical Gift Act; Uniform Representation of Children in Abuse and Neglect and Custody Proceedings Act; Revision of Model State Administrative Procedures Act; Uniform Statutory Trust Act; Uniform Collateral Sanctions and Disqualifications Act; Uniform Guardianship Interstate Jurisdiction and Enforcement Act.

The current drafts of each of these Acts can be found at NCCUSL's website at www.nccusl.org.
VI.

NEW ACTS APPROVED BY NCCUSL AND TARGETED ACTS

Approval of New Acts:

At the 2005 Pittsburgh meeting, the Commissioners approved five new Acts for presentation to state legislatures.

Uniform Assignment of Rents Act (UARA)

Real estate law generally does not provide a consistent creditor's right to rents when a debtor on a real estate loan on property with tenants then defaults on payment. Creditors normally take an assignment of rents upon default as part of the credit transaction, but enforceability of such assignments and their priority over other creditors is often in doubt. The Uniform Assignment of Rents Act seeks to remedy this problem by establishing a comprehensive statutory model for the creation, perfection and enforcement of a security interest in rents. An assignment of rents creates a security interest in the rents that may be perfected by a filing in the appropriate real estate records. Perfection establishes priority in collection of the rents over competing creditors. Tenants may be required, upon specified notice, to pay rents directly to the assignee as a means of enforcement of the security interest. A receiver may be appointed in the event the assignee can show that direct enforcement is insecure.

Uniform Foreign-Country Money Judgments Recognition Act (UFCMJRA)

This Act is a revision of the Uniform Foreign Money-Judgments Recognition Act of 1962, which codified the most prevalent common law rules with regard to the recognition and enforcement of money judgments rendered in other countries. Recognition in an American state court is a step towards enforcement of the judgment against assets of the judgment debtor. This revision continues the basic policies and language of the 1962 Act; the main purpose of this modest revision is to correct and clarify gaps in the 1962 Act revealed in the case law. For example, the 2005 Act provides that a petitioner for recognition has the burden of proving that the judgment is entitled to recognition under the standards of the Act, and that any respondent resisting recognition and enforcement has the burden of proof respecting denial of recognition. Burdens of proof were not addressed in the 1962 Act. The 2005 Act has statutes of limitations provisions not found in the 1962 Act at all. The result is a more comprehensive Act and better response to the conditions of international trade.

Uniform Debt-Management Services Act (UDMSA)

The consumer debt management industry has taken many forms over the time since its development in the 1950s. The industry has had a checkered past, with frequent accusations of abuse. The interest in debt counseling and management, however, has been dramatically escalated by the bankruptcy reform legislation passed by Congress in 2005. It mandates counseling by a private agency before an individual may enter into bankruptcy. The Uniform Debt- Management Services Act regulates debt-management companies by requiring them to register with the state. To obtain a certificate of registration, a provider must supply information about itself, must obtain insurance against employee dishonesty and must post a surety bond to safeguard any money that it receives from individuals for payment of creditors. The Act also regulates interaction with consumers, including steps to be taken before entering an agreement with an individual, the content of an agreement (including limitations on the fees that may be charged) and provisions concerning the performance and termination of agreements. Finally, the Act provides for enforcement both by a public authority and by private individuals, including rule-making power on the part of the administrator and recovery of minimum, actual and, in appropriate cases, punitive damages in private enforcement actions.

Uniform Certificate of Title Act (UCOTA)

Ownership of motor vehicles is dependent upon registration of motor vehicle titles in every state. Not only ownership rights, but the rights of secured creditors are dependent upon these registrations. A secured creditor with a security interest in a motor vehicle perfects that interest in the title registration records. Though the buying, selling, financing and owning of motor vehicles is clearly interstate in scope, the law providing for registration of certificates of title for motor vehicles is not uniform from state to state. The Uniform Certificate of Title Act is intended to promote uniformity of certificate of title law. This is significant now because the law of secured transactions, under which motor vehicles are financed, is uniform. The Uniform Act provides basic procedures for registering certificates of title for motor vehicles. It is designed to incorporate electronic registrations of title. It is also designed to incorporate electronic title searches for motor vehicles. While this Act does not cover watercraft or premanufactured homes, nor does it attempt to harmonize state "lemon laws" or title branding systems, it is intended to enable state coordination with federal initiatives to prevent title and odometer fraud. By providing for improved administrative rules and remedies governing title issues, creating better and more consistent data flows and information, and providing increased uniformity in the law, the Act will make certificates of title more meaningful and useful for all parties. The resulting increased integrity of the title system will benefit all involved.

Model Entity Transactions Act (META)

The Model Entity Transactions Act provides procedures for mergers, conversions, interest exchanges, divisions and domestications of business and nonprofit entities, including partnerships, limited partnerships, limited liability companies and corporations. Cross entity transactions of these kinds are made more universally possible. The objective is to accomplish such a transaction with appropriate approvals without having to dissolve an entity and without extinguishing any obligations owed by preceding entities in the process. This is a Model Act because it must be tailored in each enacting state to tie existing entity statutes together. It was initially completed in 2004. Division of entities was added in 2005.

Targeted Acts:

The Executive Committee of the National Conference listed 12 Uniform and Model Acts as "Targeted Acts", Acts that they think are especially timely for state adoption this year.

Following is the list of 2006 Targeted Acts. West Virginia has already adopted four of these Acts.
Uniform Arbitration Act (2000):

The 2000 Uniform Arbitration Act (UAA) is a revision of the original Uniform Arbitration Act promulgated in 1955. The 2000 UAA continues the basic rule that agreements to arbitrate before a dispute arises are permissible. Like the 1955 UAA, the 2000 UAA provides for arbitration procedures that generally allow arbitrators to adduce evidence and make decisions as a court is able to make them. The 2000 UAA expressly provides that its rules are mostly default rules that may be waived or varied by agreement. Every arbitrator has an obligation to disclose any conflict of interest that may impact the arbitrator's decision. Prehearing discovery of evidence and determination of disputed issues is broadened to include prehearing meetings for that purpose. If punitive damages would be available in a court of law, they may be awarded by an arbitrator. Separate arbitration proceedings may be consolidated under appropriate conditions of party identity and related transactions. Arbitrators are given the same immunity from liability for making decisions as judges are given for judicial decisions. These are some of the changes made in the 2000 UAA over the 1955 UAA. The 2000 UAA was drafted with the Federal Arbitration Act as a background, with the intent of avoiding issues of federal preemption. UAA 2000 has been enacted in 12 states: Alaska, Colorado, Hawaii, Nevada, New Jersey, New Mexico, North Carolina, North Dakota, Oklahoma, Oregon, Utah and Washington.
Uniform Athlete Agents Act (2000):

The Uniform Athlete Agents Act (UAAA) provides for the uniform registration, certification and background checks of sports agents seeking to represent student athletes who are or may be eligible to participate in intercollegiate sports, imposes specified contract terms on these agreements to the benefit of student athletes and provides educational institutions with a right to notice along with a civil cause of action for damages resulting from a breach of specified duties. UAAA 2000 has been enacted in 33 states: Alabama, Arizona, Arkansas, Connecticut, Delaware, District of Columbia, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Maryland, Minnesota, Mississippi, Missouri, Montana, Nevada, New York, North Carolina, North Dakota, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, U. S. Virgin Islands, Utah, Washington, West Virginia, Wisconsin and Wyoming.
Uniform Commercial Code Article 1 (2001):

Article 1 of the Uniform Commercial Code (UCC) provides definitions and general provisions that apply to transactions covered by other articles of the UCC. As other articles of the UCC have been revised and amended to conform to modern usages and legal developments, the revisions to Article 1 are intended to make both conforming, technical changes, as well as changes clarifying various ambiguities that have arisen over the years. The revisions also make certain substantive changes, including expanding the definition of good faith to include "the observance of reasonable commercial standards of fair dealing", and allowing courts to use evidence of the "course of performances" of a transaction in contract interpretation. But perhaps the most significant change to Article 1 involves the ability of parties to designate the application of a particular state's law by contract. Under the current rule, all transactions must bear a "reasonable relation" to the designated state. Under the Revised Article 1, this requirement is dropped as a general restriction, and parties are instead allowed to designate the law of any state (in a domestic transaction) or that of any country (in an international transaction), subject to a limitation that such a designation is ineffective if that application would be contrary to a fundamental public policy of the state or country whose law would otherwise govern in the absence of a contractual designation. Where one of the parties is a consumer, however, the "reasonable relation" test still applies; more significantly, even if a contractual designation meets this test, the application of that state's law may not deprive the consumer of legal protections afforded by the law of the state or country in which the consumer resides, or where the consumer makes a contract and takes delivery of goods. UCC1 has been enacted in 15 states: Alabama, Arkansas, Connecticut, Delaware, Hawaii, Idaho, Minnesota, Montana, Nebraska, Nevada, New Mexico, Oklahoma, Texas, U. S. Virgin Islands and Virginia.
Uniform Commercial Code Article 7 (2003):

Article 7 governs the transfer of bills of lading and warehouse receipts as documents of title. Generally, transfer of a document of title from one person to another transfers the rights in the goods represented by the document of title. Article 7 provides for negotiable documents of title, which transfer interests in goods represented in such documents free of any claims or defenses of the issuer or other transferor of the document. The revisions establish the rules for electronic documents of title. It authorizes them, incorporates electronics records and signatures for statute of fraud purposes, provides an analogous system for transfer of electronic documents to the system of negotiable paper documents of title, provides for conversion of electronic documents of title into tangible documents of title and vice versa, and prepares for the expected reliance upon electronic documents of title into the future. A key concept to transfer of electronic documents of title is that of "control". Control occurs when it is possible to identify every transfer of an authoritative copy of an electronic document with absolute certainty and when transfer can only occur when the party in control authorizes transfer. UCC7 has been enacted in 15 states: Alabama, Connecticut, Delaware, Hawaii, Idaho, Maryland, Minnesota, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Texas and Virginia.
Uniform Debt-Management Services Act (UDMSA):

This Uniform Act creates an interest in real estate called an "environmental covenant" that assures a plan of rehabilitation for contaminated real property (brownfields) and control of use that may be separately conveyed to and enforced by a relevant third person called a holder. An underlying plan between state or federal government and landowner for "remediation" of the property must be in place for an environmental covenant to be created and conveyed. The ultimate objective of this Act is to allow contaminated property to be returned to those uses consistent with prescribed clean-up, essentially making them marketable. This Act provides for the creation of such a covenant, its termination when appropriate, priority over other real estate interests and enforcement over the time the covenant is in place. An environmental covenant is perpetual unless a specific term is prescribed in the instrument creating it. The interest will be recorded in the real estate records. UECA has been enacted in 10 states: Delaware, Iowa, Kentucky, Maine, Maryland, Nebraska, Nevada, Ohio, South Dakota and West Virginia.

Uniform Interstate Enforcement of Domestic Violence Protection Orders Act (2000):

This Act implements the obligation of full faith and credit for domestic violence protection orders required by the U. S. Constitution and the federal Violence Against Women Act. There are two principal methods of enforcement: (1) Direct enforcement by a court of the domestic violence protection orders of another state; or (2) enforcement by law-enforcement officers upon a finding that there is probable cause to believe that a domestic violence protection order from another state has been violated. In addition, a domestic violence protection order from another state may be registered in advance of any possible violation of that order to expedite enforcement by courts or law-enforcement officers. UIEDVPOA 2000 has been enacted in 15 states: Alabama, California, Delaware, District of Columbia, Idaho, Indiana, Kansas, Mississippi, Montana, Nebraska, North Dakota, South Dakota, Texas, U. S. Virgin Islands and West Virginia.
Amendments to Uniform Interstate Family Support Act (2001):

Because of the importance of tracking and enforcing family support orders, every U. S. state and jurisdiction has adopted the Uniform Interstate Family Support Act, as it was amended in 1996. In the intervening years, the state child support enforcement community has depended on the Act in their efforts, and members of that community have suggested further operational improvements. These amendments incorporate those suggestions. First, jurisdictional rules are clarified with respect to efforts to modify existing orders and in identifying which order is controlling. Second, clearer, guidance is given to state support agencies as to the redirection of support payments to an obligee's current state of residence. Third, foreign support orders are recognized and brought within the UIFSA system if a state has established comity with that country or if the U. S. State Department has determined that reciprocity exists. Finally, the amendments incorporate certain technical updates concerning the use of electronic communications, the evolution of specific agency practices and forms, and organizational changes meant to clarify certain provisions. These changes improve the operation of the interstate family support system without changing any of the underlying functionality or policy choices of the Act. UIFSA (2001) has been enacted in 15 states: Arizona, California, Colorado, Illinois, Minnesota, Nebraska, New Mexico, Oklahoma, Texas, Utah, Virginia, Washington, West Virginia and Wyoming.
Revision of Uniform Limited Partnership Act (2001):

The Uniform Limited Partnership Act (2001) updates limited partnership law to reflect modern business practices by allowing for greater variety and flexibility in the formation and management relationships within these entities. The ULPA allows for the use of a limited partner's name in the entity's name, and authorizes family limited partnerships, entities which by nature require entrenched management and passive limited partners. It shifts default liability away from limited partners by allowing for limited liability limited partnership status, and allows for easier dissolution upon the consent of all general partners together with a number of limited partners owning a majority of the rights to distributions. The ULPA furthers estate planning considerations by restricting the ability of a limited partner to disassociate from an entity prior to its termination, except for specific circumstances. Finally, the ULPA eliminates the previous rule requiring a termination date to be included in a limited partnership certificate, thereby allowing for the default creation of a perpetual entity. ULPA is also a free-standing, comprehensive Act, no longer dependent upon general partnership law for rules that are not contained within ULPA. The ULPA represents a significant revision of limited partnership law to reflect modern usages, makes the limited partnership even more appealing to business ventures and estate planners, and will enhance the business climate of those states which adopt it. RULPA has been enacted in six states: Florida, Hawaii, Illinois, Iowa, Minnesota and North Dakota.
Uniform Mediation Act (2001):

The use of mediation as means of resolving disputes has increased markedly in recent years, and states have enacted over 2,500 separate statutes providing for, or in some way regulating, its use in various contexts. Because mediation depends on the ability of the parties to communicate and negotiate in reaching a voluntary agreement, the candor of the participants is vital to a mediation's success. The multiplicity of potentially applicable statutes, however, make it difficult for the participants to know which law might apply to a particular proceeding and, thus, the participants may be reluctant to communicate necessary information if they fear it may be used against them in the event the mediation fails. The Uniform Mediation Act addresses this problem by providing a statute applicable to all mediations that prescribes precise rules about how the mediation communications of the parties, nonparty participants and mediator may be used. At its core, the Act provides that each participant in a mediation proceeding is the holder of a privilege concerning his or her own mediation communications and may prevent those communications from being disclosed or used in a subsequent formal proceeding. The parties to a mediation hold the additional power to block the disclosure or use of any participant's mediation communication. There are, of course, exceptions to this broad rule. There is no privilege for ongoing or future crimes, threats of bodily injury, evidence concerning the abuse or neglect where a protective services agency is a participant, and other circumstances. Evidence that is otherwise admissible does not become inadmissible simply because it is referenced or repeated in a mediation communication. The Uniform Mediation Act is the result of a unique joint project between NCCUSL and the American Bar Association and will further the goals of alternative dispute resolution by promoting the candor of the parties. UMA has been enacted in seven states: District of Columbia, Illinois, Iowa, Nebraska, New Jersey, Ohio and Washington.
Uniform Parentage Act (2000):

The original Uniform Parentage Act (UPA) was promulgated in 1973. It removed the legal status of illegitimacy from the law of the U. S. and provided a first modern civil paternity action. The 2000 UPA augments and streamlines the 1973 UPA. It includes the basic paternity or parentage action with expanded standing to bring such an action, but provides for a nonjudicial acknowledgment of paternity procedure that is the equivalent of an adjudication of paternity in a court, providing that there is no presumed father of the child. The presumption of fatherhood is based on the relationship between a man and woman with respect to a child. The most common presumed father is the man married to the birth mother of the child at the time of conception. The acknowledgment proceeding is predicated on the availability of the precise genetic testing that has developed since 1973. There is a specific, separate judicial proceeding for ordering genetic testing. The 2000 UPA provides specific standards for genetic testing. Only genetic tests that identify another man as a father or exclude the presumed father may be used to rebut the presumption of fatherhood in a paternity action. Also included in the 2000 UPA are rules for determining the parents of children whose conception is not the result of sexual intercourse. Included kinds of assisted conception are artificial insemination and in vitro fertilization. The 2000 UPA also incorporates sections on gestational agreements, but as optional sections because of state law differences on these kinds of contracts. UPA 2000 has been enacted in six states: Delaware, North Dakota, Texas, Utah, Washington and Wyoming.
Uniform Real Property Electronic Recording Act (2004):

The Uniform Real Property Electronic Recording Act equates electronic documents and signatures to original paper documents and manual signatures so that electronic documents pertaining to real estate transactions may be electronically recorded. The Act also establishes a state board to establish standards for electronic recording. URPERA has been enacted in five states: Arizona, Delaware, District of Columbia, North Carolina and Texas.
Uniform Trust Code (2000):

The Uniform Trust Code (UTC) is the first effort to codify the law of trusts in the history of the United States. A trust is formed when an individual (called settlor) transfers assets to a person called the trustee. The assets are held in "trust" for identifiable beneficiaries or for a valid beneficial purpose. All voluntary trusts fall under the UTC. Involuntary trusts such as resulting trusts are not included. The UTC provides rules for charitable trusts and other honorary trusts such as pet trusts, as well as for ordinary trusts in which there are income beneficiaries and remainder beneficiaries at the conclusion of the trust. Spendthrift trusts are recognized. A spendthrift trust prevents creditors of a beneficiary from attaching a trust distribution until it is actually made to that beneficiary. UTC distinguishes revocable trusts from irrevocable trusts. All trusts are revocable unless the trust instrument makes them irrevocable. A revocable trust, which allows the settlor to revoke it before the settlor dies or becomes incapacitated, is treated as a will substitute. Any individual with the legal capacity to make a will can create a revocable trust. UTC provides for fiduciary obligations of a trustee, except for those contained in the Uniform Prudent Investor Act. There can be valid oral trusts under UTC. A written instrument is not necessary for enforcement. There are rules for jurisdiction and enforcement. Almost all the rules in the UTC are default rules and may be waived or varied in a trust instrument. UTC 2000 has been enacted in 15 states: Arkansas, District of Columbia, Kansas, Maine, Missouri, Nebraska, New Hampshire, New Mexico, North Carolina, Oregon, South Carolina, Tennessee, Utah, Virginia and Wyoming.

VII.2006 RECOMMENDATIONS BY THE WEST VIRGINIA COMMISSION ON UNIFORM STATE LAWS

At the 2005 interim meeting of the West Virginia Legislature's Interstate Cooperation committee in Charleston, Commissioner Vincent P. Cardi reported on the activities of the July National Conference meeting, among other matters, and advised the committee on the Acts that the West Virginia Commission would be recommending for enactment in the 2006 session.

At their interim meeting, Commissioner Cardi presented the Amendments to Article 1 of the UCC and the Amendments to Article 7 of the UCC for introduction, and the committee voted to introduce both Articles in the 2006 Legislature for passage.

In summary, the West Virginia Commission on Uniform State Laws has recommended that the following Uniform Acts be promulgated during the 2006 legislative session:

Revised Article 1 of the Uniform Commercial Code

Article 1 of the Uniform Commercial Code (UCC) provides definitions and general provisions which, in the absence of conflicting provisions, apply as default rules covering transactions and matters otherwise covered under a different article of the UCC. As business practices have changed and changes have been made in other parts of the Uniform Commercial Code in West Virginia, these modifications need to be reflected in an updated Article 1. Thus, Article 1 contains many changes of technical, nonsubstantive nature, such as reordering and renumbering sections and adding gender neutral terminology. In addition, over the years it has been in place, certain provisions of Article 1 have been identified as confusing or imprecise. Several changes reflect an effort to add greater clarity in light of this experience. Finally, developments in the law have led to the conclusion that certain changes of a substantive nature needed to be made.

Revised Article 7 of the Uniform Commercial Code

Article 7 of the Uniform Commercial Code provides rules governing the storage and shipment of goods for commercial purposes by detailing the rights and responsibilities of warehouses and carriers in both the goods and the documents of title used to transfer the goods. The Act is law in all 50 states and has not been revised for 52 years. The revision makes little substantive changes in the law, but modernizes it to confirm to electronic records and electronic signatures and adapts it to changes in federal tariff laws and modern commercial practices.
VIII. DISTRIBUTION OF REPORT

As recommended in the Performance Review Report pertaining to the Commission on Uniform State Laws, a copy of this report to the Legislature is being forwarded to the West Virginia State Bar, the West Virginia Bar Association, the Mountain State Bar Association, the West Virginia Trial Lawyers Association and the Defense Trial Counsel of West Virginia.

Respectfully submitted this 7th day of March, 2006.

Richard E. Ford,

Chair,

Frederick P. Stamp, Jr.,

Secretary,

Vincent P. Cardi,

Legislative Liaison.

On motion of Senator Chafin, the Senate recessed for five minutes to permit Ann Bryant to address the Senate on behalf of the Legislative Information Journalism Internship Program, Sanford Lee Johnston on behalf of the Judith A. Herndon Fellowship Program and Pamela LeeAnn Fink on behalf of the Walter Rollins Scholars.

Upon expiration of the recess, the Senate reconvened.

On motion of Senator Love, the special order of business set for this position on the calendar (consideration of executive nominations) was postponed and made a special order of business at 8 p.m. tonight.

The Senate 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. Com. Sub. for Senate Bill No. 107, Relating to venue for certain suits against state.

A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to

Eng. Senate Bill No. 166, Restructuring Parole Board.

On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.

The following House of Delegates amendment to the bill was reported by the Clerk:

On page three, section twelve, line thirteen, after the word "district." by inserting the following: No more than two members of the board may reside in any one county.

On motion of Senator Chafin, the Senate concurred in the House of Delegates amendment to the bill.

Engrossed Senate Bill No. 166, as amended by the House of Delegates, was then 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 elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 166) passed with its title.

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

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. 174, Relating to State Police Death, Disability and Retirement Fund benefits.

A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendment to the House of Delegates amendment to, and the passage as amended, of

Eng. Senate Bill No. 217, Continuing Board of Osteopathy.

A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendment, as to

Eng. Com. Sub. for Senate Bill No. 353, Authorizing Department of Transportation promulgate legislative rules.

On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.

The following House of Delegates amendment to the bill was reported by the Clerk:

On page three, by striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 8. AUTHORIZATION FOR DEPARTMENT OF TRANSPORTATION TO PROMULGATE LEGISLATIVE RULES.

§64-8-1. Division of Highways.

(a) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section three, article seventeen-a, chapter seventeen-c of this code, relating to the Division of Highways (use of state roads rights-of-way and adjacent areas, 157 CSR 6), is authorized with the following amendments:

On page two, after subsection 2.16., by inserting a new subsection, designated subsection 2.17, to read as follows:

"2.17. 'Focal point' means the location from which an LED, OLED or other illuminated message center, display or sign appears brightest." and by renumbering the subsequent subsections accordingly;

On page two, subsection 2.24, after the word "slats" by inserting a comma and the words "or by LED, OLED or other illuminated message center,";

On page two, subsection 2.24, by striking out the words "lighting devices forming part of the message or border" and inserting in lieu thereof the word "moving";

On page eighteen, paragraph 7.8.d.4., by striking out the words "twenty-four (24) hours" and inserting in lieu thereof the words "eight seconds";

On page eighteen, paragraph 7.8.e.1., line two, by inserting the following words: "For purposes of this section, the illumination of an advertising device containing a message center display does not constitute the use of a flashing, intermittent or moving light. No message center display may include an illumination that is in motion or appears to be in motion or that changes in intensity or exposes its message for less than eight (8) seconds or that has an interval between messages of two (2) seconds or less. No LED, OLED, illuminated message center display or similar device may exceed the following brightness limits measured as candelas per square feet at any focal point on any roadway or berm or any vehicular approach to any roadway:

Day

Night

Red

300
100

Green

600
200

Amber

450
150

Blue

800
350

White

550
50

All color

650
250"

And,

On page twenty-nine, by striking out section ten of the rule in its entirety and by creating a new series, designated Title 157, Series 9 of the Code of State Rules, to read as follows:
"157 CSR 9
Title 157
Legislative Rule
Department of Transportation
Division of Highways
Series 9
Special Crossing Permits
§157-9-1. General.

1.1. Scope. -- This legislative rule establishes the procedures and standards for issuance of special crossing permits authorizing certain vehicles to operate or move a vehicle or combination of vehicles which exceed the maximum weight allowance specified in W. Va. Code §17C-17A-3 (120,000 pounds) on limited sections of public highways. Special crossing permits may be issued only for vehicles hauling coal or coal by-products in the Coal Resource Transportation Road System.

1.2. Authority. - This rule is issued pursuant to the provisions of W. Va. Code §17C-17A-3.

1.3. Filing Date. -

1.4. Effective Date. --
§157-9-2. Application for permit.

2.1. An applicant for a special crossing permit must complete an application form developed by the Division of Highways and submit it to a Highways District Permit Clerk within the district wherein the road that will be crossed or traveled is located or where it originates if the route lies within two districts.

2.2. The application must be accompanied by:

2.2.a. A $500 application fee;

2.2.b. A list of all vehicles or combinations of vehicles, including axle weights and spacings and gross vehicle weights, that will be moving on or crossing the highway for which the permit is requested. If a vehicle will be hauling various tonnages of loads, the maximum weights will be listed; and

2.2.c. An estimate of the number of times per day that each listed vehicle or combination of vehicles will cross or travel the route.

2.3. Prior to the issuance of the permit, the applicant must:

2.3.a. Agree, in writing, to pay the actual costs for any necessary upgrading or repair of the public highway, including any necessary traffic control, which the applicant seeks the permit to cross;

2.3.b. Agree to post a bond in an amount of no less than $50,000, as recommended to and approved by the Commissioner of Highways;

2.3.c. Furnish evidence of having at least the minimum amounts of insurance required of "West Virginia Division of Highways, Standard Specifications, Roads and Bridges, Adopted 2000" and supplements thereto;

2.3.d. Agree, in writing, to pay for the restoration of the public highway to its original condition after the permit has expired. The original condition of the highway may be documented by the applicant and/or the Division of Highways by photography, video recording, or any other means acceptable to both parties.
§157-9-3. Vehicles.

3.1. No listed vehicle or combination of vehicles is permitted to haul more than the manufacturer's weight rating.

3.2. Except as provided in the permit, all listed vehicles or combinations of vehicles must be in compliance with all other specifications given in W. Va. Code §17C.

3.3 All listed vehicles must be identified by vehicle identification number or, if a vehicle identification number is not available, by serial number.

3.4. If any vehicle is replaced during the course of a three year permit period, the applicant must submit supplemental information on each vehicle to the District Permit Clerk. The District Maintenance Engineer and/or Bridge Engineer shall review the supplemental information and may require additional route analysis, route upgrading, an increase in the bond amount, or any other consideration deemed necessary.
§157-9-4. Evaluation of permit application.

4.1. Prior to the issuance of any Special Crossing Permit:

4.1.a. The District Maintenance Engineer(s) in the district(s) in which the proposed route is located will initiate a route analysis to determine the feasibility and potential costs associated with the applicant being permitted to cross or travel the route with any of the listed vehicles or combinations of vehicles. Considerations will include the road surface and any existing height or width restrictions, bridges, culverts, and potential traffic or safety problems;

4.1.b. If there are bridges or culverts on the route, the District Bridge Engineer(s) in the district(s) in which the route is located will initiate a bridge analysis to determine whether these structures can safely bear the weight of the listed vehicles or combinations of vehicles, or whether any will require reinforcement or replacement; and

4.1.c. The District Traffic Engineer(s) in the district(s) in which the route is located will perform an analysis to evaluate potential traffic and safety problems and recommend appropriate traffic control actions and/or devices.

4.2. The Commissioner of Highways may require additional evaluations or analyses in his or her discretion.

4.3. Once all of the necessary analyses have been performed by the appropriate party(ies), all necessary conditions and addendums required have been identified, and a proposed bond amount has been agreed upon, the District Maintenance Engineer will submit the application to the Commissioner of Highways for approval.
§157-9-5. Approval or denial of permit application.

5.1. The Commissioner of Highways may deny the application if there is an existing alternate off-road route available, if the road or any bridge thereon is unsuitable for the load, or if it is determined that the permit cannot be granted without jeopardizing public safety.

5.1.a. The Commissioner of Highways may not approve an application which, in combination with another permit or permit application, would authorize a vehicle or combination of vehicles to operate in excess of the maximum weight allowance specified in W. Va. Code §17C-17A-3 on sections of public highways longer than one-half mile.

5.1.b. In the event the application is denied, the Commissioner of Highways may (at his or her discretion) refund any unexpended portion of the application fee to the applicant.

5.2. The Commissioner of Highways may require additional evaluations or agreements prior to approving any special crossing permit application.

5.3. If the application for a special crossing permit is approved by the Commissioner of Highways, the District Maintenance Engineer(s) shall assure that all necessary conditions and addendums are satisfied before delivering the permit to the applicant.

5.4. Any special crossing permit approved by the Commissioner of Highways must include requirement that any vehicle or vehicles authorized to operate on limited sections of public highways pursuant to this rule may not travel on the section of public highway included in the special crossing permit until or unless all other traffic on the public highway is stopped by flaggers or traffic-control signals, and that no other unauthorized vehicles may access the section public highway until all authorized vehicles have exited the public highway.
§157-9-6. Duration, suspension, revocation or renewal of permit.

6.1. A special crossing permit is valid for three years from the date of issuance.

6.2. While a special crossing permit is in effect, the permit holder shall maintain the road in a condition that is passable to the traveling public. The District Maintenance Engineer(s), accompanied by a representative of the permit holder, shall review the conditions of the approved route at least quarterly, or more frequently, if deemed appropriate by the District Maintenance Engineer(s), to assure the integrity of the roadway and any structures adjacent thereto.

6.3. A special crossing permit may be suspended or revoked by the Commissioner of Highways at any time if the permit holder is found to be in violation of any of the conditions, requirements, addendums or provisions of the permit or to have maintained the roadway or crossing as required by the permit or this rule.

6.4. At the end of three years, a permit holder may apply to the Commissioner of Highways to renew the permit in the same manner as an application for an initial permit. The renewal application fee is $500. The Commissioner of Highways may require the same stipulations, conditions and requirements, including the posting of a bond in excess of $50,000, attendant to the issuance of the original permit or may impose additional stipulations, conditions or requirements as a condition of renewal. The Commissioner of Highways may also, in his or her discretion, require any or all of the route and safety evaluations described in required for issuance of an initial permit or require additional evaluations, analyses or requirements before renewing the permit.

6.5. The Commissioner may deny renewal of the permit for any of the reasons for which an initial application for a permit may be denied, if the permit holder failed to comply with any of the conditions or requirements of the previous permit or if the permit holder failed to satisfactorily maintain the highway or protect public safety."

(b) The legislative rule filed in the State Register on the twenty-sixth day of July, two thousand five, authorized under the authority of section seven, article eighteen, chapter twenty-two of this code, relating to the Division of Highways (transportation of hazardous wastes upon the roads and highways, 157 CSR 7), is authorized.
§64-8-2. Division of Motor Vehicles.

(a) The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand five, authorized under the authority of section nine, article two, chapter seventeen-a of this code, modified by the Division of Motor Vehicles to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the fifteenth day of December, two thousand five, relating to the Division of Motor Vehicles (denial, suspension, revocation, restriction or nonrenewal of driving privileges, 91 CSR 5), is authorized with the following amendments:

On page five, subsection 5.1., line one, after the word "shall" by inserting a comma;

On page five, subsection 5.1., by striking out the words "time shall begin to toll from" and inserting in lieu thereof the words "revocation shall begin on";

On page five, subsection 5.2., by striking out the words "time shall begin to toll from" and inserting in lieu thereof the words "suspension shall begin on";

On page six, subsection 7.2., after the words "disqualification or" by striking out the word "is" and inserting in lieu thereof the words "the offense was";

On page nine, subdivision 7.3.e., after the words "W. Va. Code §17C-6-1" by striking out "(g) or (h)" and inserting in lieu thereof "(i) or (j)" and a period;

On page nine, subsection 7.4., after the words "involving a conviction." by striking out the remainder of the subsection;

On page eleven, subsection 7.14., by striking out the words "pertaining to a conviction for a" and inserting in lieu thereof a comma and the words "which exempt convictions for";

On page eleven, subsection 7.14., the last line, by striking out the word "does" and inserting in lieu thereof the words "from being reported to the Division, do";

On page fourteen, subdivision 9.4.d., by striking out the word "shall" and inserting in lieu thereof the word "may";

On page seventeen, subsection 12.1., after the words "W. Va. Code §17B-3-6" by striking out "(10)" and inserting in lieu thereof "(a)(9)";

On page eighteen, subsection 12.3., by striking out the words "Means v. Sidiropolis 401 S.E.2d. Page 447 (W. Va. 1990)" and inserting in lieu thereof the words "Means v. Sidiropolis, 184 W. Va. 514, 401 S.E.2d 447 (1990)";

On page eighteen, subsection 13.1., line five, after the words "The Division" by striking out the word "shall" and inserting in lieu thereof the word "may";

On page twenty, subsection 15.1., line one, after the words "with the provisions of W. Va. Code" by striking out "§48A-5A-1 et seq." and inserting in lieu thereof "§48-15-101 et seq.";

On page twenty, subsection 15.1., line five, after the words "The provisions of W. Va. Code" by striking out "§48A-5A-5c" and inserting in lieu thereof "48-15-101 et seq.";

On page twenty, subsection 15.1., by striking out the words "Dababnah v. West Virginia Board of Medicine, No. 27751 slip op (W. Va. 2000)" and inserting in lieu thereof the words "Dababnah v. West Virginia Board of Medicine, 207 W. Va. 621, 535 S.E.2d 20 (2000)";

On page twenty, subsection 15.2., after the words "W. Va. Code" by striking out "§48A-5A-1 et seq." and inserting in lieu thereof "48-15-101 et seq.";

On page twenty, subdivision 15.2.a., after the words "W. Va. Code §17B-3-6" by inserting "(a)";

On page twenty, subdivision 15.2.c., after the words "W. Va. Code" by striking out "§48-5A-5(a)" and inserting in lieu thereof "§48-15-101 et seq.";

On page twenty-one, paragraph 15.2.c.3., following "Subsection" by striking out "5.6" and inserting in lieu thereof "15.6";

On page twenty-one, paragraph 15.2.c.4., after the word "Subsection" by striking out "5.7" and inserting in lieu thereof "15.7";

On page twenty-one, subsection 15.4., after the words "W. Va. Code" by striking out "§48A-5A-5(b)" and inserting in lieu thereof "§48-15-302";

On page twenty-one, subsection 15.5., after the words "W. Va. Code" by striking out "§48A-5A-5(a)" and inserting in lieu thereof "§48-15-301(e)";

On page twenty-two, paragraph 15.6.b.1., after the word "Subsection" by striking out "5.5" and inserting in lieu thereof "15.5";

On page nineteen, subsection 14.1, at the end of the subsection by inserting the following sentence:

"For the purposes of this rule, a plea of nolo contendre stands as neither an admission of guilt nor a conviction for administrative revocation proceedings."

On page twenty-two, subsection 15.7., after the words "W. Va. Code" by striking out "§48A-5A-5(b)" and inserting in lieu thereof "§48-15-302";

On page twenty-two, subdivision 16.2.c., after the word "Commercial" by inserting "Motor";

And,

On page twenty-five, subdivision 16.3.f., after the word "subdivision" by striking out "16.2.e." and inserting in lieu thereof "16.2.f."

(b) The legislative rule filed in the State Register on the twenty-fifth day of July, two thousand five, authorized under the authority of section nine, article two, chapter seventeen-a of this code, modified by the Division of Motor Vehicles to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the fifteenth day of December, two thousand five, relating to the Division of Motor Vehicles (motor vehicle dealers and other businesses regulated by the Division of Motor Vehicles, 91 CSR 6), is authorized.

On motion of Senator Chafin, the Senate concurred in the House of Delegates amendment to the bill.

Engrossed Committee Substitute for Senate Bill No. 353, as amended by the House of Delegates, was then put upon its passage.

The nays were: None.

Absent: None.

So, a majority 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) 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 S. B. No. 353) takes effect from passage.

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

Eng. Com. Sub. for Senate Bill No. 357, Authorizing Department of Revenue promulgate legislative rules.

On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.

The following House of Delegates amendment to the bill was reported by the Clerk:

On page three, by striking out everything after the enacting section and inserting in lieu thereof the following:

ARTICLE 7. AUTHORIZATION FOR DEPARTMENT OF TAX AND REVENUE TO PROMULGATE LEGISLATIVE RULES.

§64-7-1. Insurance Commissioner.

(a) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section ten, article two, chapter thirty-three of this code and section four-a, article eleven of said chapter, modified by the Insurance Commissioner to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twentieth day of January, two thousand six, relating to the Insurance Commissioner (unfair trade practices, 114 CSR 14), is authorized with the following amendments:

On page two, subsection 2.3., by striking out the words "for which premiums were paid by the claimant or on the claimant's behalf";

On page two, subsection 2.8., by striking out the words "for which premiums were not paid by the claimant or on the his or her behalf";

On page two, subsection 2.9., before the word "compensation" by inserting the word "the";

On page three, subsection 4.4., by striking out the words "in the policy or set" and, after the words "statute or", by inserting the word "legislative";

On page five, subsection 6.1, by adding the following sentence: "This section is not intended to conflict with the statutory requirements of the Medical Professional Liability Act, W. Va. Code §§55-7B-1 to 11, as the same relate to the assertion and investigation of medical professional liability claims.";

On page five, subsection 6.3, after the word "limits" by inserting the words "and, with respect to medical professional liability claims, subject to applicable statutory requirements set forth in the Medical Professional Liability Act, W. Va. Code §§55- 7B-1 to 11,";

On page five, subdivision 6.4.b., after the word "whether" by striking out the words "or not";

On page eight, by striking out subsection 6.17. in its entirety and by renumbering the subsequent subsection;

On page eight, after subsection 6.18., by adding a new subsection, designated subsection 6.18, to read as follows:

"6.18. Motor vehicle repair shops. -- An insurer may furnish to the claimant the names of one or more conveniently located motor vehicle repair shops that will perform the repairs; however no insurer may require the claimant to use a particular repair shop or location to obtain the repairs.";

And,

On page eleven, subdivision 7.3., by striking out the words "of the insurer's choice" and inserting in lieu thereof the words "recommended by the insurer".

(b) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section ten, article two, chapter thirty-three of this code, modified by the Insurance Commissioner to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twentieth day of January, two thousand six, relating to the Insurance Commissioner (licensing and conduct of individual insurance producers, agencies and solicitors, 114 CSR 2), is authorized.

(c) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section ten, article two, chapter thirty-three of this code and section three, article twenty-a of said chapter, relating to the Insurance Commissioner (West Virginia Essential Property Insurance Association, 114 CSR 21), is authorized.

(d) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section ten, article two, chapter thirty-three of this code, section three-d, article sixteen of said chapter and section five-b, article twenty-eight of said chapter, relating to the Insurance Commissioner (Medicare supplement insurance, 114 CSR 24), is authorized.

(e) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section ten, article two, chapter thirty-three of this code and section four-a, article seventeen-a of said chapter, relating to the Insurance Commissioner (nonrenewal of property insurance policies, 114 CSR 74), is authorized.

(f) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section four-a, article twenty, chapter thirty-three of this code, relating to the Insurance Commissioner (private passenger automobile and property insurance - biannual rate filing requirements, 114 CSR 75), is authorized.

(g) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section five-a, article eleven, chapter thirty-three of this code, modified by the Insurance Commissioner to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twentieth day of January, two thousand six, relating to the Insurance Commissioner (replacement of life insurance policies and annuity contracts, 114 CSR 8), is authorized.
§64-7-2. Racing Commission.

The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section six, article twenty-three, chapter nineteen of this code, modified by the Racing Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the eighteenth day of January, two thousand six, relating to the Racing Commission (greyhound racing, 178 CSR 2), is authorized, with an effective date of the first day of July, two thousand seven, and with the following amendments:

On page one, by striking out subsection 2.9 in its entirety, and redesignating the remaining subsections accordingly;

On page four, by striking out subsection 2.69 in its entirety and inserting in lieu thereof the following:

2.69. "Owner" means the person in whose name the greyhound is registered with the National Greyhound Association determined at the time of breeding, whelping, and racing at a meeting in accordance with this rule, and any part owner or lessee, and for purposes of determining eligibility to receive purse money, purse supplements or awards described in section 51 of this rule, owner means any person with any legal or equitable interest whatsoever in the greyhound.;

On page thirty-nine, section 51.2, following the words "~~the owner or lessee~~ all" by striking out the word "registered";

On page forty-two, subsection 51.6., by striking out the words "were six (6) months of age: Provided, That effective January 1, 2007, in order to participate in the West Virginia Greyhound Breeding Development Fund, a greyhound born on or after that date must be from a litter that was whelped in the State of West Virginia and remained domiciled in West Virginia at least until the puppies";

On page forty-three, subdivision 51.7.7., by striking out the words "six consecutive months of occupancy in West Virginia starting from the date of whelping: Provided, That effective January 1, 2007, with regard to a greyhound born on or after that date, affirm that the greyhound was whelped in West Virginia and that the greyhound was not removed from West Virginia to a place outside West Virginia at any time prior to the completion of";

On page forty-three, subsection 51.7.8., by striking out the words "six (6) months of age, it is the owner's or the lessee's responsibility to notify the Racing Commission within ten (10) days of removal and that any West Virginia bred greyhound that is removed to a location outside of West Virginia prior to the completion of six consecutive months of occupancy in West Virginia starting from the date of whelping shall be disqualified by the Racing Commission from participation in the West Virginia Greyhound Breeding Development Fund: Provided, That effective January 1, 2007, with regard to a greyhound born on or after that date, affirm that the owner or lessee further understands that if any West Virginia bred greyhound is removed from West Virginia prior to";

On page forty-four, subdivision 51.7.11., after the words "State for" by striking out the word "at";

On page forty-eight, table 51.4., paragraph 4, by striking out the word "Virgjnia" and inserting in lieu thereof the word "Virginia";

On page forty-eight, table 51.4., paragraph 5, by striking out the words "both bred and";

On page forty-eight, table 51.4., paragraph 5, by striking out the words "six (6)" and inserting in lieu thereof the words "twelve (12)";

On page forty-nine, table 51.5., paragraph 5, by striking out the words "both bred and";

And,

On page forty-nine, table 51.5., paragraph 5, by striking out the words "six (6)" and inserting in lieu thereof the words "twelve (12)".
§64-7-3. Tax Commissioner.

(a) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section five, article twelve, chapter eleven of this code, modified by the Tax Commissioner to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twentieth day of December, two thousand five, relating to the Tax Commissioner (business registration certificate - suspension for failure to pay personal property taxes, 110 CSR 12D), is authorized with the following amendments:

On page fourteen, section 11.2, line sixteen, following the words "delinquent taxpayer" by striking out the words "not to exceed $10.00" and inserting in lieu there of the words "equal to the fee in W. Va. Code §11A-3-2(c)2";

On page fourteen, section 11.3, line twenty-eight, by striking out the word "monthly" and inserting in lieu thereof the word "weekly";

On page fourteen, section 11.3, line twenty-eight, following the words "each succeeding" by striking out the word "month" and inserting in lieu thereof the words "week as provided by subdivision 11.5.1 of this section";

And,

On page twenty, section 15.5, line thirty-nine, following the words "the sheriff" by striking out the word "shall" and inserting in lieu thereof the word "may".

(b) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section eleven, article one-a, chapter eleven of this code, relating to the Tax Commissioner (valuation of active and reserve coal property for ad valorem property tax purposes, 110 CSR 1I), is authorized with the following amendments:

On page twelve, section 4.2.3.2, line twenty-six, following the words "attention of the Tax" by striking out the word "Commission" and inserting in lieu thereof the word "Commissioner";

On page twelve, section 4.2.3.2, line twenty-seven, following the words "updated at least" by striking out the word "biannually" and inserting in lieu thereof the word "biennially";

On page thirteen, section 4.2.3.3, beginning on line twelve, following the words "attention of the Tax" by striking out the word "Commission" and inserting in lieu thereof the word "Commissioner";

On page thirteen, section 4.2.3.4, beginning on line thirty- five, following the words "attention of the Tax" by striking out the word "Commission" and inserting in lieu thereof the word "Commissioner";

On page fourteen, section 4.2.3.4, line one, following the words "updated at least" by striking out the word "biannually" and inserting in lieu thereof the word "biennially";

On page fourteen, section 4.2.3.5, line seventeen, following the words "updated at least" by striking out the word "biannually" and inserting in lieu thereof the word "biennially";

On page fourteen, section 4.2.3.6, line twenty-eight, following the words "updated at least" by striking out the word "biannually" and inserting in lieu thereof the word "biennially";

On page fifteen, section 4.2.3.7, line two, following the words "attention of the Tax" by striking out the word "Commission" and inserting in lieu thereof the word "Commissioner";

On page fifteen, section 4.2.3.8, line fifteen, following the words "updated at least" by striking out the word "biannually" and inserting in lieu thereof the word "biennially";

On page seventeen, subparagraph 4.2.3.16., by striking out the words "that is above local drainage";

On page seventeen, section 4.2.3.17.b, line twenty-eight, following the words "to be determined" by striking out the word "biannually" and inserting in lieu thereof the word "biennially";

On page eighteen, section 4.2.3.17.e, line fifteen, following the words "to be performed" by striking out the word "biannually" and inserting in lieu thereof the word "biennially";

And,

On page eighteen, section 4.2.3.17.h, line twenty-seven, following the words "conduct studies" by striking out the word "biannually" and inserting in lieu thereof the word "biennially".

On motion of Senator Chafin, the Senate refused to concur in the foregoing House amendment to the bill (Eng. Com. Sub. for S. B. No. 357) and requested the House of Delegates to recede therefrom.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to

Eng. Senate Bill No. 362, Requiring Tax Commissioner disclose certain information to Consolidated Public Retirement Board.

On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.

The following House of Delegates amendments to the bill were reported by the Clerk:

On page three, section five-y, after line thirty, by inserting a new subsection, designated subsection (d), to read as follows:

(d) The provisions of subsection (c), section five-d of this article are applicable to all employees, officers and agents of the Consolidated Public Retirement Board who disclose information received pursuant to this section that is otherwise confidential under any provision of this code for purposes other than those specified in this section.;

And,

On page one, by striking out the title and substituting therefor a new title, to read as follows:

Eng. Senate Bill No. 362--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-10-5y, relating to requiring the Tax Commissioner to disclose certain tax information to the Consolidated Public Retirement Board to aid in administering retirement plans' disability retirement benefits; and providing applicability of criminal penalties for unlawful disclosure of information.

On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.

Engrossed Senate Bill No. 362, as amended by the House of Delegates, was then put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 362) passed with its House of Delegates amended title.

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

Eng. Senate Bill No. 483, Providing confidentiality of circuit court records involving guardianship of minors.

On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.

The following House of Delegates amendment to the bill was reported by the Clerk:

On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 10. GUARDIANS AND WARDS GENERALLY.

§44-10-3. Appointment and revocation of guardian by county commission.

(a) The circuit court or family court of the county in which the minor resides, or if the minor is a nonresident of the state, the county in which the minor has an estate, may appoint as the minor's guardian a suitable person. The father or mother shall receive priority. However, in every case, the competency and fitness of the proposed guardian and the welfare and best interests of the minor shall be given precedence by the court when appointing the guardian.

(b) Within five days of the filing of a petition for the appointment of a guardian, the circuit clerk shall notify the court. The court shall hear the petition for the appointment of a guardian within ten days after the petition is filed.

(1) The minor reaches the age of eighteen and executes a release stating that the guardian estate was properly administered and that the minor has received the assets of the estate from the guardian;

(2) The guardian or the minor dies;

(3) The guardian petitions the court to resign and the court enters an order approving the resignation; or

(4) A petition is filed by the guardian, the minor, an interested person or upon the motion of the court stating that the minor is no longer in need of the assistance or protection of a guardian.

(d) A guardianship may not be terminated by the court if there are any assets in the estate due and payable to the minor: Provided, That another guardian may be appointed upon the resignation of a guardian whenever there are assets in the estate due and payable to the minor.

(e) Records of a guardian proceeding involving a minor are confidential and shall not be disclosed to anyone who is not a party to the proceeding, counsel of record for the proceeding or presiding over the proceeding, absent a court order permitting examination of such records.

On motion of Senator Chafin, the Senate concurred in the House of Delegates amendment to the bill.

Engrossed Senate Bill No. 483, as amended by the House of Delegates, was then put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 483) passed with its title.

Senator Chafin moved that the bill take effect from passage.

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. 483) takes effect from passage.

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

A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect July 1, 2006, of

Eng. Com. Sub. for Com. Sub. for Senate Bill No. 492, Providing indemnity agreements in motor carrier transportation contracts void.

Eng. Com. Sub. for Senate Bill No. 511, Relating to municipal policemen's and firemen's pension funds.

On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.

The following House of Delegates amendments to the bill were reported by the Clerk:

On page eight, section nineteen, lines one hundred twenty- eight through one hundred thirty-eight, by striking out the words "in any year in which a municipality elects an alternative contribution of at least one percent more than the municipality's required minimum under the alternate contribution plan authorized in subsection (c), section twenty of this article, the municipality may assess and collect from each member one percent of the year's salary, in addition to the member contribution required by this section and any increase in member contribution required to preserve the actuarial soundness of the fund as provided in subsection (f), section twenty-six-a of this article" and inserting in lieu thereof the words "the board of trustees for each pension and relief fund may assess and collect from each member of the paid police department or paid fire department or both each month, up to an additional two and one-half percent of the actual salary or compensation of each member: Provided, however, That if any board of trustees decides to assess and collect any additional amount pursuant to this subdivision above the member contribution required by this section, then that board of trustees may not reduce such additional amount until the respective pension and relief fund no longer has any actuarial deficiency: Provided further, That if any board of trustees decides to assess and collect any additional amount, any board of trustees decision and any additional amount is not the liability of the State of West Virginia.;

On page thirteen, section twenty, lines fifty-seven through sixty-two, by striking out the words "penalties to and provide flexibility for a municipality which may make excess contributions while using the alternative contribution method, the municipality may exclude a contribution made in any one year in excess of the minimum required by this section when calculating the required minimum contribution for the following year" and inserting in lieu thereof the words "penalizing municipalities and to provide flexibility when making contributions, municipalities using the alternative contribution method may exclude a contribution made in any one year in excess of the minimum required by this section: And provided further, That any board of trustees for any pension and relief fund may require a contribution of one hundred eight percent: And provided further, That if any board of trustees decides to require a contribution of one hundred eight percent, then that board of trustees may not make a contribution less than one hundred eight percent until the respective pension and relief fund no longer has any actuarial deficiency: And provided further, That any board of trustees decision and any contribution payment is not the liability of the State of West Virginia:";

And,

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. 511--A Bill to amend and reenact §8-22-19 and §8-22-20 of the Code of West Virginia, 1931, as amended, all relating to municipal policemen's and firemen's pension and relief funds; allowing increases for employee contributions; allowing the basis for calculating alternative contributions to be modified; and allowing increases for municipal contributions.

On motion of Senator Foster, the following amendments to the House of Delegates amendments to the bill (Eng. Com. Sub. for S. B. No. 511) were reported by the Clerk, considered simultaneously, and adopted:

On page eight, section nineteen, subsection (b), subdivision (4), by striking out the words "up to" and inserting in lieu thereof the words "no more than";

On page eight, section nineteen, subsection (b), subdivision (4), by striking out the word "such" and inserting in lieu thereof the word "the";

On page thirteen, section twenty, subdivision (c), paragraph (1), by striking out the words "municipalities using the alternative contribution method may exclude a contribution made in any one year in excess of the minimum required by this section: And provided further, That any board of trustees for any pension and relief fund may require a contribution of one hundred eight percent: And provided further, That if any board of trustees decides to require a contribution of one hundred eight percent, then that board of trustees may not make a contribution less than one hundred eight percent until the respective pension and relief fund no longer has any actuarial deficiency: And provided further, That any board of trustees decision and any contribution payment is not the liability of the State of West Virginia:" and inserting in lieu thereof the words "municipalities using the alternative contribution method may exclude a one-time additional contribution made in any one year in excess of the minimum required by this section: And provided further, That the governing body of any municipality may elect to provide an employer continuing contribution of one percent more than the municipality's required minimum under the alternative contribution plan authorized in this subsection: And provided further, That if any municipality decides to contribute an additional one percent, then that municipality may not reduce the additional contribution until the respective pension and relief fund no longer has any actuarial deficiency: And provided further, That any decision and any contribution payment by the municipality is not the liability of the State of West Virginia: And provided further, That if any municipality or any pension fund board of trustees makes a voluntary election and thereafter fails to contribute the voluntarily increase as provided in this section and in section nineteen, subsection (b), subdivision (4) of this article, then the board of trustees is not eligible to receive funds allocated under section fourteen-d, article three, chapter thirty-three of this code."

On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments, as amended.

Engrossed Committee Substitute for Senate Bill No. 511, as amended, was then put upon its passage.

The nays were: None.

Absent: None.

So, a majority 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. 511) passed with its House of Delegates amended title.

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

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. 554, Clarifying use of Forensic Medical Examination Fund for certain nurses' training.

A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendments, as to

Eng. Senate Bill No. 557, Removing requirement for Shady Spring Turnpike interchange construction.

On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.

The following House of Delegates amendments to the bill were reported by the Clerk:

On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:

That §17-16A-1, §17-16A-6, §17-16A-10, §17-16A-11, §17-16A-18, §17-16A-18a, §17-16A-20, §17-16A-21, §17-16A-22 and §17-16A-29 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new section, designated §17-16a-13a, all to read as follows:

ARTICLE 16A. WEST VIRGINIA PARKWAYS, ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY.

§17-16A-1. Constructing, operating, financing, etc., parkway, economic development and tourism projects.

In order to remove the present handicaps and hazards on the congested highways and roads in the State of West Virginia, to facilitate vehicular traffic throughout the state, to promote and enhance the tourism industry and to develop and improve tourist facilities and attractions in the state, to promote the agricultural, economic and industrial development of the state and to provide for the construction of modern express highways, including center divisions, ample shoulder widths, longsight distances, the bypassing of cities, multiple lanes in each direction and grade separations at all intersections with other highways and railroads, to provide for the development, construction, improvement and enhancement of state parks, tourist facilities and attractions and to provide for the improvement and enhancement of state parks presently existing, the West Virginia Parkways, Economic Development and Tourism Authority (hereinafter created) is hereby authorized and empowered to construct, reconstruct, improve, maintain, repair and operate parkway projects, economic development projects and tourism projects (as those terms are hereinafter defined in section five of this article) at such locations as shall be approved by the state Department of Transportation~~, and to issue parkway revenue bonds of the state of West Virginia, payable solely from revenues, to pay the cost of such projects~~.

§17-16A-6. Parkways authority's powers.

(a) The parkways authority is hereby authorized and empowered:

(1) To adopt bylaws for the regulation of its affairs and the conduct of its business;

(2) To adopt an official seal and alter the same at pleasure;

(3) To maintain an office at such place or places within the state as it may designate;

(4) To sue and be sued in its own name, plead and be impleaded. Any and all actions against the parkways authority shall be brought only in the county in which the principal office of the parkways authority shall be located;

(5) To construct, reconstruct, improve, maintain, repair and operate projects at such locations within the state as may be determined by the parkways authority: Provided, That the parkways authority shall be prohibited from constructing motels or any other type of lodging facility within five miles of the West Virginia Turnpike;

(6) To issue parkway revenue bonds of the State of West Virginia, payable solely from revenues, for the purpose of paying all or any part of the cost of any one or more projects, which costs may include, with respect to the West Virginia Turnpike, such funds as are necessary to repay to the State of West Virginia all or any part of the state funds used to upgrade the West Virginia Turnpike to federal interstate standards: Provided, That upon the effective date of the amendments to this section enacted during the regular session of the Legislature in two thousand six, the authorization to issue bonds pursuant to this subsection is limited to that of refunding bonds pursuant to subdivision (7) of this subsection;

(7) To issue parkway revenue refunding bonds of the State of West Virginia, payable solely from revenues, for any one or more of the following purposes: (i) Constructing improvements, enlargements or extensions to the project in connection with which the bonds to be refunded were issued; (ii) paying all or part of the cost of any additional project or projects; (iii) refunding Refunding any bonds which shall have been issued under the provisions of this article or any predecessor thereof; and ~~(iv)~~ (ii) repaying to the state all or any part of the state funds used to upgrade the West Virginia Turnpike to federal interstate standards;

(8) To fix and revise, from time to time, tolls for transit over each parkway project constructed by it or by the West Virginia Turnpike Commission;

(9) To fix and revise, from time to time, rents, fees or other charges, of whatever kind or character, for the use of each tourism project or economic development project constructed by it or for the use of any building, structure or facility constructed by it in connection with a parkway project;

(10) To acquire, hold, lease and dispose of real and personal property in the exercise of its powers and the performance of its duties under this article: Provided, That the authority may not finance any transaction to acquire, hold or lease real property;

(11) To acquire in the name of the state by purchase or otherwise, on such terms and conditions and in such manner as it may deem proper, or by the exercise of the right of condemnation in the manner hereinafter provided, such public or private lands, including public parks, playgrounds or reservations, or parts thereof or rights therein, rights-of-way, property, rights, easements and interests, as it may deem necessary for carrying out the provisions of this article: Provided, That the authority may not finance any transaction to acquire real property. No compensation shall be paid for public lands, playgrounds, parks, parkways or reservations so taken, and all public property damaged in carrying out the powers granted by this article shall be restored or repaired and placed in its original condition as nearly as practicable;

(12) To designate the locations, and establish, limit and control such points of ingress to and egress from each project as may be necessary or desirable in the judgment of the parkways authority to ensure the proper operation and maintenance of such project, and to prohibit entrance to such project from any point or points not so designated;

(13) To make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this article, and to employ consulting engineers, attorneys, accountants, architects, construction and financial experts, trustees, superintendents, managers and such other employees and agents as may be necessary in its judgment, and to fix their compensation. All such expenses shall be payable solely from the proceeds of parkway revenue bonds or parkway revenue refunding bonds issued under the provisions of this article, tolls or from revenues;

(14) To make and enter into all contracts, agreements or other arrangements with any agency, department, division, board, bureau, commission, authority or other governmental unit of the state to operate, maintain or repair any project;

(15) To receive and accept from any federal agency grants for or in aid of the construction of any project, and to receive and accept aid or contributions from any source of either money, property, labor or other things of value, to be held, used and applied only for the purposes for which such grants and contributions may be made;

(16) To do all acts and things necessary or convenient to carry out the powers expressly granted in this article; and

(17) To file the necessary petition or petitions pursuant to Title 11, United States Code, Sec. 401 (being section 81 of the act of Congress entitled "An act to establish a uniform system of bankruptcy throughout the United States," approved July 1, 1898, as amended) and to prosecute to completion all proceedings permitted by Title 11, United States Code, §§401-403 (being sections 81 to 83, inclusive, of said act of Congress). The State of West Virginia hereby consents to the application of said Title 11, United States Code, §§401-403, to the parkways authority.

(b) Nothing in this article shall be construed to prohibit the issuance of parkway revenue refunding bonds in a common plan of financing with the issuance of parkway revenue bonds: Provided, That upon the effective date of the amendments to this section enacted during the regular session of the Legislature in two thousand six, the authorization to issue bonds pursuant to this subsection is limited to that of refunding bonds pursuant to sections twenty-one and twenty-two of this article.
§17-16A-10. Parkway revenue bonds generally.

(a) The parkways authority is authorized to provide by resolution for the issuance of parkway revenue bonds of the state for the purpose of paying all or any part of the cost of one or more projects: Provided, That this section shall not be construed as authorizing the issuance of parkway revenue bonds for the purpose of paying the cost of the West Virginia Turnpike, which parkway revenue bonds may be issued only as authorized under section eleven of this article. The principal of and the interest on bonds shall be payable solely from the funds provided for payment.

(b) The bonds of each issue shall be dated, shall bear interest at a rate as may be determined by the parkways authority in its sole discretion, shall mature at a time not exceeding forty years from their date or of issue as may be determined by the parkways authority, and may be made redeemable before maturity, at the option of the parkways authority at a price and under the terms and conditions as may be fixed by the parkways authority prior to the issuance of the bonds.

(c) The parkways authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination of the bonds and the place of payment of principal and interest, which may be at any bank or trust company within or without the state.

(d) The bonds shall be executed by manual or facsimile signature by the chair of the parkways authority, and the official seal of the parkways authority shall be affixed to or printed on each bond, and attested, manually or by facsimile signature, by the secretary and treasurer of the parkways authority. Any coupons attached to any bond shall bear the manual or facsimile signature of the chair of the parkways authority.

(e) In case any officer whose signature or a facsimile of whose signature appears on any bonds or coupons shall cease to be an officer before the delivery of the bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until delivery. In case the seal of the parkways authority has been changed after a facsimile has been imprinted on the bonds, then the facsimile seal will continue to be sufficient for all purposes.

(f) All bonds issued under the provisions of this article shall have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the state. The bonds may be issued in coupon or in registered form, or both, as the parkways authority may determine, and provision may be made for the registration of any coupon bonds as to principal alone and also as to both principal and interest, and for the recorders into coupon bonds of any bonds registered as to both principal and interest.

(g) The parkways authority may sell the bonds at a public or private sale at a price it determines to be in the best interests of the state.

(h) The proceeds of the bonds of each issue shall be used solely for the payment of the cost of the parkway project or projects for which the bonds were issued, and shall be disbursed in a manner consistent with the resolution authorizing the issuance of the bonds or in the trust agreement securing the bonds.

(i) If the proceeds of the bonds of any issue, by error of estimates or otherwise, shall be less than the cost, then additional bonds may in like manner be issued to provide the amount of the deficit. Unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust agreement securing the bonds, the additional bonds shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued.

(j) If the proceeds of the bonds of any issue exceed the cost of the project or projects for which the bonds were issued, then the surplus shall be deposited to the credit of the sinking fund for the bonds.

(k) Prior to the preparation of definitive bonds, the parkways authority may, under like restrictions, issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when the bonds have been executed and are available for delivery. The parkways authority may also provide for the replacement of any bonds that become mutilated or are destroyed or lost.

(l) Bonds may be issued under the provisions of this article without obtaining the consent of any department, division, commission, board, bureau or agency of the state in accordance with this article.

(m) Notwithstanding any other provision of this code to the contrary, the authority may not issue parkway revenue bonds after the effective date of the amendments to this section enacted in the regular session of the Legislature in two thousand six: Provided, That the authority may issue revenue refunding bonds pursuant to sections twenty-one and twenty-two of this article for parkway revenue bonds previously issued prior to the effective date of the amendments to this section enacted in the regular session of the Legislature in two thousand six.

§17-16A-11. Parkway revenue bonds--West Virginia Turnpike; related projects.

(a) The parkways authority is authorized to provide by resolution, at one time or from time to time, for the issuance of parkway revenue bonds of the state in an aggregate outstanding principal amount not to exceed, from time to time, two hundred million dollars for the purpose of paying: (i) All or any part of the cost of the West Virginia Turnpike, which may include, but not be limited to, an amount equal to the state funds used to upgrade the West Virginia Turnpike to federal interstate standards; (ii) all or any part of the cost of any one or more parkway projects that involve improvements to or enhancements of the West Virginia Turnpike, including, without limitation, lane-widening on the West Virginia Turnpike and that are or have been recommended by the parkways authority's traffic engineers or consulting engineers or by both of them prior to the issuance of parkway revenue bonds for the project or projects; and (iii) to the extent permitted by federal law, all or any part of the cost of any related parkway project. For purposes of this section only, a "related parkway project" means any information center, visitors' center or rest stop, or any combination thereof, and any expressway, turnpike, trunkline, feeder road, state local service road or park and forest road which connects to or intersects with the West Virginia Turnpike and is located within seventy-five miles of the turnpike as it exists on the first day of June, one thousand nine hundred eighty-nine, or any subsequent expressway, trunkline, feeder road, state local service road or park and forest road constructed pursuant to this article: Provided, That nothing in this section shall be construed as prohibiting the parkways authority from issuing parkway revenue bonds pursuant to section ten of this article for the purpose of paying all or any part of the cost of any related parkway project: Provided, however, That none of the proceeds of the issuance of parkway revenue bonds under this section shall be used to pay all or any part of the cost of any economic development project, except as provided in section twenty-three of this article: Provided further, That nothing in this section shall be construed as prohibiting the parkways authority from issuing additional parkway revenue bonds to the extent permitted by applicable federal law for the purpose of constructing, maintaining and operating any highway constructed, in whole or in part, with money obtained from the Appalachian Regional Commission as long as the highway connects to the West Virginia Turnpike as it existed as of the first day of June, one thousand nine hundred eighty-nine: And provided further, That, for purposes of this section, in determining the amount of bonds outstanding, from time to time, within the meaning of this section: Original par amount or original stated principal amount at the time of issuance of bonds shall be used to determine the principal amount of bonds outstanding, except that the amount of parkway revenue bonds outstanding under this section may not include any bonds that have been retired through payment, defeased through the deposit of funds irrevocably set aside for payment or otherwise refunded so that they are no longer secured by toll revenues of the West Virginia Turnpike: And provided further, That the authorization to issue bonds under this section is in addition to the authorization and power to issue bonds under any other section of this code: And provided further, That, without limitation of the authorized purposes for which parkway revenue bonds are otherwise permitted to be issued under this section, and without increasing the maximum principal par amount of parkway revenue bonds permitted to be outstanding, from time to time, under this section, the authority is specifically authorized by this section to issue, at one time or from time to time, by resolution or resolutions under this section, parkway revenue bonds under this section for the purpose of paying all or any part of the cost of one or more parkway projects that: (i) Consist of enhancements or improvements to the West Virginia Turnpike, including, without limitation, projects involving lane widening, resurfacing, surface replacement, bridge replacement, bridge improvements and enhancements, other bridge work, drainage system improvements and enhancements, drainage system replacements, safety improvements and enhancements, and traffic flow improvements and enhancements; and (ii) have been recommended by the authority's consulting engineers or traffic engineers, or both, prior to the issuance of the bonds. Except as otherwise specifically provided in this section, the issuance of parkway revenue bonds pursuant to this section, the maturities and other details of the bonds, the rights of the holders of the bonds, and the rights, duties and obligations of the parkways authority in respect of the bonds shall be governed by the provisions of this article insofar as the provisions are applicable.

(b) Notwithstanding the provisions of subsection (a) of this section, no additional bonds authorized by the amendments to this section enacted during the regular session of the Legislature in the year two thousand four may be issued until the Parkways Authority has adopted by written resolution a final, irrevocable decision to fully fund and complete the construction of a Shady Spring connector and interchange connecting to the West Virginia Turnpike from its toll funds or from the proceeds of bonds issued for that purpose pursuant to subsection (a) of this section, or from both, or funded, in whole or in part, by federal highway funds if they are available. Notwithstanding any other provision of this code to the contrary, the authority may not issue parkway revenue bonds after the effective date of the amendments to this section enacted in the regular session of the Legislature in two thousand six: Provided, That the authority may issue revenue refunding bonds pursuant to sections twenty-one and twenty-two of this article for parkway revenue bonds previously issued prior to the effective date of the amendments to this section enacted during the regular session of the Legislature in two thousand six.
§17-16A-13a. Public notice and hearing requirements.

(a) Notwithstanding any provision of the law to the contrary, on and after the first day of July, two thousand six, unless the parkways authority satisfies the public notice and hearing requirements set forth in this section, it may not:

(1) Increase any rates, tolls or charges along any portion of the parkway, or approve any proposal or contract that would result in or require an increase in any rates or tolls along any portion of the parkway;

(2) Issue any refunding bond pursuant to sections twenty-one and twenty-two of this article which would require the parkways authority to increase rates, tolls or charges;

(3) Approve any contract or project which would require or result in an increase in the rates, tolls or charges along any portion of the parkway; or

(4) Take any other action which would require or result in an increase in the rates, tolls or charges along any portion of the parkway.

(b) The parkways authority shall publish notice of any proposed contract, project or bond which would result in or require an increase in any toll rates or charges, or the extension of any bond repayment obligation, along with the associated rate increase or revised bond repayment period, by a Class II legal advertisement in accordance with the provisions of article three, chapter fifty- nine of this code, published and of general circulation in each county which borders the parkway.

(c) Once notice has been provided in accordance with the provisions of this section, the parkways authority shall conduct a public hearing in each county which borders the parkway, and any citizen may communicate by writing to the parkways authority his or her opposition to or approval of such proposal or rate or toll increase or amended bond terms. The public notice and written public comment period shall be conducted not less than forty-five days from the publication of the notice, and the affected public must be provided with at least twenty days' notice of each scheduled public hearing.

(d) All studies, records, documents and other materials which were considered by the parkways authority before recommending the approval of any such project or recommending the adoption of any such increase shall be made available for public inspection for a period of at least twenty days prior to the scheduled hearing at a convenient location in each county where a public hearing shall be held.

(e) At the conclusion of all required public hearings, the parkways authority shall render a final decision which shall include written findings of fact supporting its final decision on any proposed project which would result in or require a rate increase, or prior to finally approving any proposed rate or toll increase, and such required findings and conclusions must reference and give due consideration to the public comments and additional evidence offered during the public hearings.

(f) On and after the first day of July, two thousand six, any final action taken by the parkways authority to approve or implement any proposed rate increase, contract or project which would require or result in a proposed increase of any rate or tolls along any portion of the parkway without first satisfying the public notice and hearing requirements of this section, shall be null and void.
§17-16A-18. Cessation of tolls.

(a) Except as provided herein, when all bonds issued under the provisions of this article in connection with any parkway project or projects and the interest thereon shall have been paid or a sufficient amount for the payment of all such bonds and the interest thereon to the maturity thereof shall have been set aside in trust for the benefit of the bondholders, such project or projects, if then in good condition and repair to the satisfaction of the Commissioner of the state Division of Highways, shall be transferred to the state Division of Highways and shall thereafter be maintained by the state Division of Highways free of tolls: ~~Provided,~~ That the Parkways Authority may thereafter charge tolls for the use of any such project and for the reconstruction, improvement, maintenance and repair thereof, except as may be limited by applicable federal laws, and pledge such tolls to the payment of bonds issued under the provisions of this article in connection with another project or projects, or any combination thereof, but any such pledge of tolls of a parkway project to the payment of bonds issued in connection with another project or projects shall not be effectual until the principal of and the interest on the bonds issued in connection with the first mentioned project shall have been paid or provision made for their payment.

(b) No later than the first day of February, one thousand nine hundred ninety, the parkways authority shall discontinue, remove and not relocate all toll collection facilities on the West Virginia Turnpike as the same existed on the first day of June, one thousand nine hundred eighty-nine, except for the three main toll barriers and collection facilities, and provided solely that the provisions of section eighteen-a of this article are complied with, the toll collection facilities at the intersection of U. S. Route 19 (Corridor "L") and said turnpike: ~~Provided,~~ That nothing herein may be construed to prohibit placement of new tolls to the extent permitted by federal law for any new expressway, turnpike, trunkline, feeder road, state local service road, or park and forest road connected to the West Virginia Turnpike and constructed after the first day of June, one thousand nine hundred eighty-nine.

§17-16A-18a. Corridor "L" toll fees authorized; commuter pass; annual report.

(a) The parkways authority is hereby authorized to operate the currently existing toll collection facility located at the interchange of U. S. Route 19 (Corridor "L") and said turnpike subject to the following:

(1) The toll fee charges by the Parkways, Economic Development and Tourism Authority at its toll facilities located at the interchange of U. S. Route 19 (Corridor "L") and said turnpike shall not exceed those toll charges levied and collected by the authority at said interchange as of the first day of January, one thousand nine hundred ninety, and hereafter, no proposed increase in such toll fees shall be implemented by the parkways authority unless the authority shall have first complied with validly promulgated and legislatively approved rules ~~and regulations~~ pursuant to the applicable provisions of chapter twenty-nine-a of this code;

(2) ~~As soon as reasonably possible after the effective date of this legislation, but in no event later than the first day of July, one thousand nine hundred ninety, the~~ The parkways authority shall ~~establish~~ maintain, advertise, implement and otherwise make generally available to all qualified members of the public, resident or nonresident, a system of commuter passes, in a form to be determined by the authority: Provided, That said system of commuter passes shall, at a minimum, permit the holder of such pass or passes, after paying the applicable fee to the authority, to travel through the U. S. Route 19 (Corridor "L") turnpike interchange and toll facilities on an unlimited basis, without additional charge therefor, for a period of one year after the issuance of said commuter pass or passes: Provided, however, That the cost for such commuter pass or passes shall in no event aggregate more than five dollars per year for a full calendar year of unlimited travel through the U. S. Route 19 (Corridor "L") turnpike interchange toll facilities. Applications for these commuter passes are to be made available by the parkways authority to every Division of Motor Vehicles office in the state.

To the extent required or necessary, the parkways authority is further hereby authorized and empowered, in addition to the extent previously authorized and empowered pursuant to sections six and thirteen-b of this article, to promulgate rules in accordance with chapter twenty-nine-a of this code with regard to the implementation of proposed future toll increases at the U. S. Route 19 (Corridor "L") turnpike toll facility;

(3) The system of commuter passes implemented in accordance with the provisions of subdivision (2) of this subsection shall be available only for use when operating or traveling in a Class "A" motor vehicle as herein defined. Whoever shall knowingly or intentionally utilize any commuter pass issued in accordance with this section while operating other than a Class "A" motor vehicle, as herein defined, at the U. S. Route 19 (Corridor "L") turnpike toll facility, or any other toll facility at or upon which such pass may later be usable, shall be guilty of a misdemeanor, and for every such offense shall, upon conviction thereof, be punished in accordance with the provisions of section seventeen of this article; and the parkways authority shall hereafter be authorized and empowered to cancel any such commuter pass or passes improperly used in accordance with this section;

(4) In addition to the annual report required by section twenty-six of this article, the parkways authority will prepare and deliver to the Governor, the Speaker of the House of Delegates and the President of the Senate a separate annual report of toll revenues collected from the U. S. Route 19 (Corridor "L") turnpike toll facility. The report shall disclose separately the toll revenues generated from regular traffic and the commuter pass created herein. The reports shall include, but not be limited to, disclosing separately the expenditure of said toll revenues generated from the U. S. Route 19 (Corridor "L") turnpike toll facility including a description of the purposes for which such toll revenues are expended;

(5) In the event any court of competent jurisdiction shall issue an order which adjudges that any portion of subdivision (1), (2) or (3) of this subsection is illegal, unconstitutional, unenforceable or in any manner invalid, the parkways authority shall discontinue, remove and not otherwise relocate the U. S. Route 19 (Corridor "L") turnpike toll facility within three hundred sixty-five days after the date upon which said court order is final or all appeals to said order have been exhausted;

(6) For the purpose of this section, a Class "A" vehicle shall be defined as a motor vehicle of passenger type and truck with a gross weight of not more than 8,000 pounds and registered or eligible for registration as a Class "A" vehicle in accordance with section one, article ten, chapter seventeen-a of this code as the same is currently constituted; and

(7) Notwithstanding any other provisions of the this code to the contrary, the parkways authority may not promulgate emergency rules in accordance with section fifteen, article three, chapter twenty-nine-a of this code to increase or decrease toll fees or the commuter pass fee established herein.

(b) Nothing in this section is to be construed to apply to, regulate, or in any manner affect the operation of the three main line toll barriers and toll collection facilities currently located on the West Virginia Turnpike and operated by the parkways authority as Barrier A, Barrier B and Barrier C (I-64, I-77).

§17-16A-20. Parkway projects part of state road system.

It is hereby declared that any expressway, turnpike, feeder road, state local service road or park and forest road or other road, or any subsequent expressway, turnpike feeder road, state local service road, park and forest road or other road constructed pursuant to this article shall be a part of the state road system, although subject to the provisions of this article and of any bonds or trust agreements entered into pursuant thereto, and that the construction of such parkway projects shall be considered as developments of the state road system. Any other provisions of this article to the contrary notwithstanding, in order to encourage the development of the state road system, the state is authorized in its discretion to pledge by resolution and agreement annually to pay from the state road fund, subject to all prior commitments of such fund which shall be stated in the resolution and agreement, the amount of any yearly deficit between the principal and interest requirements of any such parkway project or portion thereof hereafter constructed and the amount available in the hands of the Parkways Authority to pay such requirements, up to three fourths of one percent of the estimated or actual construction cost of such parkway project or portion thereof for which such pledge is made, until any bonds issued and interest due upon the basis of such a pledge have been fully paid and satisfied: ~~Provided,~~ That the state department of highways shall enter into no agreement with underwriters on any bond issue for the purpose of constructing or aiding in the construction of any toll road unless and until there is filed with the Parkways Authority a report and finding of reputable traffic engineers of national standing, showing that the earnings from the proposed toll road will be sufficient to provide annual income in an amount at least large enough to cover the annual cost of retiring the indebtedness, including interest, sinking fund and operating costs of such toll highway.
§17-16A-21. Parkway revenue refunding bonds--Generally.

The parkways authority is hereby authorized to provide by resolution for the issuance of parkway revenue refunding bonds of the state for the purpose of refunding any bonds then outstanding which shall have been issued under the provisions of this article, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds; and, if deemed advisable by the parkways authority, for the additional purpose of constructing improvements, extensions or enlargements of the project or projects in connection with which the bonds to be refunded shall have been issued: Provided, That this section shall not be construed as authorizing the issuance of parkway revenue refunding bonds for the purpose of refunding any bonds then outstanding which shall have been issued under the provisions of this article, or any predecessor thereof, in connection with the construction of the West Virginia Turnpike, which revenue refunding bonds may be issued only as authorized under section twenty-two of this article. The Parkways Authority is further authorized to provide by resolution for the issuance of parkway revenue bonds of the state for the combined purpose of two or more of the following: (a) Refunding any bonds then outstanding which shall have been issued under the provisions of this article, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds; (b) paying all or any part of the cost of any additional project or projects; and (c) repaying to the state all or any part of the state funds used to upgrade the West Virginia Turnpike to federal interstate standards. The issuance of such bonds, the maturities and other details thereof, the rights of the holders thereof, and the rights, duties and obligations of the parkways authority in respect of the same, shall be governed by the provisions of this article insofar as the same may be applicable. After the effective date of the amendments to this article enacted by the Legislature during the regular session in two thousand six, no issuance of a refunding bond may extend the maturity date of such bond being refunded and may not exceed the outstanding principal of such bond being refunded. Any refunding bond issued after the effective date of the amendments to this article enacted by the Legislature during the regular session in two thousand six shall be structured to provide for approximately level annual debt service savings each fiscal year through the final maturity or structured to approximate the level of debt service that would have been paid prior to the refunding, with a preponderance of the savings being deferred toward eliminating or reducing the most distant maturities. For purposes of this section, the outstanding principal is to be determined as of the date on which the revenue bond is refinanced.

§17-16A-22. Parkway revenue refunding bonds--West Virginia Turnpike.

The parkways authority is hereby authorized to provide by resolution for the issuance of parkway revenue refunding bonds of the state in an aggregate principal amount not to exceed sixty million dollars for the purpose of refunding any bonds which shall have been issued under this article, or any predecessor thereof, in connection with the construction of the West Virginia Turnpike, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds, and, to the extent permissible under federal law and if deemed advisable by the parkways authority, for ~~either or both of the following purposes: (a) Paying all or any part of the cost of any additional parkway project or projects, and (b)~~ repaying to the state all or any part of the state funds used to upgrade the West Virginia Turnpike to federal interstate standards: Provided, That any proceeds derived from the issuance of such bonds which are used on any parkway project other than the West Virginia Turnpike must be used solely on parkway projects: (i) Which are either connected to or intersect with the West Virginia Turnpike and are within seventy-five air miles of said turnpike as it exists on the first day of June, one thousand nine hundred eighty-nine, or any subsequent expressway, trunkline, turnpike, feeder road, state local service road or park and forest road constructed pursuant to this article; and (ii) which involve the upgrading or addition of interchanges, the construction of expressways or feeder roads, or the upgrading or construction of information centers, visitors' centers, rest stops, or any combination thereof: Provided, however, That none of the proceeds of the issuance of parkway revenue refunding bonds issued under this section shall be used to pay all or any part of the cost of any economic development project~~, except as provided in section twenty-three of this article~~. Except as otherwise specifically provided in this section, the issuance of parkway revenue refunding bonds pursuant to this section, the maturities and other details thereof, the rights of the holders thereof, and the rights, duties and obligations of the parkways authority in respect of the same, shall be governed by the provisions of this article insofar as the same may be applicable.

After the effective date of the amendments to this article enacted by the Legislature during the regular session in two thousand six, no issuance of a refunding bond may extend the maturity date of such bond being refunded and may not exceed the outstanding principal of such bond being refunded. Any refunding bond issued after the effective date of the amendments to this article enacted by the Legislature during the regular session in two thousand six shall be structured to provide for approximately level annual debt service savings each fiscal year through the final maturity or structured to approximate the level of debt service that would have been paid prior to the refunding, with a preponderance of the savings being deferred toward eliminating or reducing the most distant maturities. For purposes of this section, the outstanding principal is to be determined as of the date on which the revenue bond is refinanced.

§17-16A-29. Discount program for purchasers of West Virginia EZ Pass transponders.

(a) The parkways authority is hereby authorized to create a discount program for purchasers of West Virginia EZ Pass transponders: Provided, That prior to any increase in any rates, tolls or charges along any portion of the parkway, the parkways authority shall create a discount program for purchasers of West Virginia EZ Pass transponders. Any discount program created pursuant to this section shall provide discounts for each class of motor vehicles.

(b) The authority must provide public notice and hold public hearings on any proposed discount program as required in section thirteen-a of this article prior to implementation of such program.

(c) For purposes of this section, a "West Virginia EZ Pass Transponder" means a device sold by the parkways authority which allows the purchaser to attach the device to his or her motor vehicle and travel through a parkways toll facility and be billed for such travel by the authority.;

And,

On page one, by striking out the title and substituting therefor a new title, to read as follows:

Eng. Senate Bill No. 557--A Bill to amend and reenact §17-16A- 1, §17-16A-6, §17-16A-10, §17-16A-11, §17-16A-18, §17-16A-18a, §17- 16A-20, §17-16A-21, §17-16a-22 and §17-16A-29 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §17-16A-13a, all relating to the West Virginia Parkways, Economic Development and Tourism Authority; eliminating the authority of the authority to issue certain additional revenue bonds after the effective date of the amendments to the section; placing certain limitations on the authority of the authority to issue revenue refunding bonds; limiting the purposes for which the authority may issue revenue refunding bonds; limiting the authority of the authority to acquire, hold or lease real property; limiting the ability of placement of new tolls; requiring public notice and hearings in certain circumstances; requiring certain procedures prior to any increase in rates, tolls or charges, approve certain contracts or proposals, issue refunding bonds or take any action that would result in or require an increase in rates, tolls or charges; requiring applications for commuter passes at every Division of Motor Vehicles office in the state; eliminating the authority to pledge state road funds in certain circumstances; and providing for a discount program.

On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.

Engrossed Senate Bill No. 557, as amended by the House of Delegates, was then put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 557) passed with its House of Delegates amended title.

Senator Chafin moved that the bill take effect from passage.

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. 557) takes effect from passage.

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

Eng. Senate Bill No. 605, Relating to personal property tax receipt as prerequisite proof for vehicle registration.

On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.

The following House of Delegates amendment to the bill was reported by the Clerk:

On page three, section three-a, lines twenty-four and twenty- five, by striking out the words "subdivision (2) of this subsection" and inserting in lieu thereof the words "this subdivision".

On motion of Senator Chafin, the Senate concurred in the House of Delegates amendment to the bill.

Engrossed Senate Bill No. 605, as amended by the House of Delegates, was then put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 605) passed with its title.

Senator Chafin moved that the bill take effect from passage.

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. 605) takes effect from passage.

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

Eng. Senate Bill No. 632, Relating to disclosure of electioneering communications.

On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.

The following House of Delegates amendments to the bill were reported by the Clerk:

On page nine, section one-a, line one hundred sixty-seven, by striking out the words "an individual" and inserting in lieu thereof the words "a person";

And,

On pages eighteen and nineteen, section eight, lines sixteen through twenty-one, by striking out all of paragraph (A) and inserting in lieu thereof a new paragraph, designated paragraph (A), to read as follows:

(A) Directly communicating with its stockholders and executive or administrative personnel and their families on any subject: Provided, That the communication is not by newspapers of general circulation, radio, television or billboard advertising likely to reach the general public.

On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.

Engrossed Senate Bill No. 632, as amended by the House of Delegates, was then put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 632) passed with its title.

Senator Chafin moved that the bill take effect from passage.

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. 632) takes effect from passage.

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

A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of

Eng. Senate Bill No. 680, Relating to Unified Carrier Registration System.

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. 692, Conforming consumers sales and service tax law to requirements of Streamlined Sales and Use Tax Agreement.

A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to

Eng. Senate Bill No. 722, Providing statute of limitations for certain sales by trustee.

On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.

The following House of Delegates amendment to the bill was reported by the Clerk:

On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:

ARTICLE 1. VENDOR'S AND TRUST DEED LIENS.

§38-1-4a. Statute of limitations for sales by trustees.

Provided the grantor on the deed of trust or the agent or personal representative of the grantor is provided notice as required by section four of this article, no action or proceeding to set aside a trustee's sale due to the failure to follow any notice, service, process or other procedural requirement relating to a sale of property under a trust deed shall be filed or commenced more than one year from the date of the sale.

On motion of Senator Chafin, the Senate concurred in the House of Delegates amendment to the bill.

Engrossed Senate Bill No. 722, as amended by the House of Delegates, was then put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 722) passed with its title.

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

A message from The Clerk of the House of Delegates announced the amendment by that body to the title of the bill, passage as amended, to take effect July 1, 2006, and requested the concurrence of the Senate in the House of Delegates amendment, as to

Eng. Com. Sub. for Senate Bill No. 728, Requiring background checks on certain emergency dispatch center employees; wireless enhanced 911 fee money distribution.

On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.

The following House of Delegates amendment to the title of the bill was reported by the Clerk:

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 the regulation of voice communication services; 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 voice-over internet protocol service subscribers; amending definition of "commercial mobile radio service provider" to include prepaid and post-paid 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 regulate 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 the Division of Homeland Security and Emergency Management.

On motion of Senator Chafin, the Senate concurred in the House of Delegates amendment to the title of the bill.

Engrossed Committee Substitute for Senate Bill No. 728, as amended by the House of Delegates, was then put upon its passage.

The nays were: None.

Absent: None.

So, a majority 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) passed with its House of Delegates amended title.

Senator Chafin moved that the bill take effect July 1, 2006.

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 S. B. No. 728) takes effect July 1, 2006.

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

Eng. Com. Sub. for Senate Bill No. 755, Relating to Physicians' Mutual Insurance Company.

On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.

The following House of Delegates amendments to the bill were reported by the Clerk:

On page thirteen, by striking out everything after the section caption and inserting in lieu thereof the following:

(a) An irrevocable trust may be established by or for the benefit of the physician and funded by conveyance to the trustee of the sum of not less than one million dollars, in cash or cash equivalents, subject to disbursement and replenishment from time to time, as described in this section, and exclusive of funds needed for maintenance, administration, legal defense and all other costs.

(b) A physician who has established a trust pursuant to this section may subsequently terminate the trust and elect to acquire coverage from a commercial medical professional liability insurance carrier. The assets of the trust may not be distributed to the physician settler until the costs associated with the administration of the trust have been satisfied and the trustee receives certification that the physician has acquired medical professional liability insurance tail coverage or prior acts coverage, whichever is applicable. The tail coverage or prior acts coverage must cover the time period from the establishment of the trust to the effective date of the newly acquired medical professional liability insurance coverage or twelve years, whichever is shorter.

(c) For a period of not less than the applicable statute of limitations for medical professional liability, a physician who has established an actuarially sound physician self-funding insurance program under this section and has such a program in effect at the time of retirement shall, following his or her retirement, either maintain the trust in effect at funding levels required by this section or purchase and maintain in force and effect tail insurance as required by article twenty-d, chapter thirty-three of this code.

(d) The trustee for the trust must be an independent professional, bank or other qualified institutional fiduciary. The trustee has all necessary and appropriate powers to fulfill the purposes of the trust, including, but not limited to, the powers to:

(1) Disburse funds for the maintenance and administration of the trust and for defense costs, judgments, arbitration indemnity awards and settlements;

(2) Hire an actuary who is a member of the Casualty Actuarial Society and experienced in medical professional liability protection programs to provide a periodic opinion, but not less frequently than annually, as to the actuarial soundness of the fund, a copy of which opinion shall be provided upon request to any facility where the physician maintains clinical privileges;

(3) Hire a qualified third-party claims manager experienced in handling medical professional liability claims with the power and authority to set reserves and administer and oversee the defense of all claims; and

(4) Require that the physician replenish the trust so as to maintain at all times a funding level of no less than one million dollars or such greater amount as set forth in the most current actuarial opinion as described in subdivision (2) of this subsection, exclusive of funds needed for maintenance, administration, defense or other costs.

(e) The trustee, acting directly or through its hired professionals, as appropriate, shall periodically, but not less frequently than annually, evaluate and set required trust funding levels for the trust; make assessments against the physician for payments into the trust in order to replenish and maintain the trust at levels required by this subsection and required to render the trust actuarially sound from time to time; and otherwise take such actions as may appear necessary, desirable or appropriate to fulfill the purposes and integrity of the trust. Should the physician fail to timely meet any of the requests or requirements of the trustee with regard to funding of the trust or otherwise, or should the trust at any time fail to meet all the requirements of this subsection, thereupon the trust arrangement will conclusively no longer qualify under this article as an actuarially sound self- funding program: Provided, That all assets of the trust at the time of any such disqualifying event or circumstance will remain trust assets and may not be distributed to the physician settlor of the trust until the latter of the date on which any and all medical professional liability claims asserted or pending against the physician at the time of such disqualifying event or circumstance or within the applicable statute of limitations for medical malpractice liability thereafter have been finally adjudicated or otherwise resolved and fully satisfied to the extent of trust assets available for such purpose.

(f) In the event that more than one claim arises within the period since the last annual evaluation, a new evaluation will be performed within sixty days or at the time of the next annual audit, whichever is shorter, in order to evaluate the trust and replenish funds to ensure that its assets total not less than one million dollars, or such other amount that is actuarially determined necessary to satisfy the aggregate outstanding claims, whichever is greater, exclusive of funds needed for maintenance, administration, legal defense or other costs.;

And,

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. 755--A Bill to amend and reenact §33-20F-9 of the Code of West Virginia, 1931, as amended; to amend and reenact §55-7B-2 of said code; and to amend said code by adding thereto a new section, designated §55-7B-12, all relating to medical professional liability insurance; authorizing the West Virginia Physicians' Mutual Insurance Company to decline or refuse to renew insurance policies transferred to the company from the Board of Risk and Insurance Management upon the expiration of the terms of the policies so transferred; describing the criteria according to which the company may classify, rate and price policies of insurance; describing the criteria according to which the company may elect to underwrite or decline to underwrite insurance coverage; and establishing basic requirements and minimum standards for physician self-funded insurance arrangements to qualify as medical professional liability insurance for purposes of article seven-b, chapter fifty-five of said code.

On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.

Engrossed Committee Substitute for Senate Bill No. 755, as amended by the House of Delegates, was then put upon its passage.

The nays were: None.

Absent: None.

So, a majority 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. 755) passed with its House of Delegates amended title.

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

Eng. Senate Bill No. 759, Creating Highway Design-Build Procurement Act.

On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.

The following House of Delegates amendments to the bill were reported by the Clerk:

On page two, by striking out everything after the enacting clause and inserting in lieu thereof the following:

That §17-4-17c of the Code of West Virginia, 1931, as amended, be repealed; that said code be amended by adding thereto a new article, designated §17-2D-1, §17-2D-2, §17-2D-3, §17-2D-4 and §17- 2D-5; and that §17-4-17b and §17-4-17d of said code be amended and reenacted, all to read as follows:
ARTICLE 2D. HIGHWAY DESIGN-BUILD PILOT PROGRAM.
§17-2D-1. Short title.

This article shall be known and may be cited as the West Virginia Highway Design-Build Pilot Program.
§17-2D-2. Establishment of a Highway Design-Build Pilot Program.

(a) Notwithstanding any provision of this code to the contrary, the Commissioner of the West Virginia Division of Highways may establish a pilot program to expedite the construction of no more than three special projects by combining the design and construction elements of a highway or bridge project into a single contract.

(b) A design-build project may not be let to contract before the first day of January, two thousand seven, and no more than three projects may be let to contract in the eighteen months thereafter.

(c) A design-build project may not be let to contract until the Commissioner of the Division of Highways has established polices and procedures concerning design-build projects.

(d) After completion of the third project, no projects shall be commenced unless the West Virginia Legislature either approves additional projects to further study the effectiveness of the design-build process or makes the program permanent.
§17-2D-3. Invitation for bids.

(a) The division shall prepare an invitation for bids for prequalified design-builders, which must provide at a minimum:

(1) The procedures to be followed for submitting bids and the procedures for making awards;

(2) The proposed general terms and conditions for the design-build contract;

(3) The description of the drawings, specifications or other information to be submitted with the bid, with guidance as to the form and level of completeness of the drawings, specifications or submittals that will be acceptable;

(4) A proposed time schedule commencement and completion of the design-build contract;

(5) Budget limits for the design-build contract, if any;

(6) Requirements or restrictions for the subletting of specific portions of the design-build contract, if any; and

(7) Requirements for performance bonds, payment bonds, insurance, professional liability insurance and workers' compensation coverage.

(b) The division shall make available to the qualified design-builders, approved subcontractors, suppliers and sureties, as applicable, additional information including, but not limited to, surveys, soils reports, drawings or information regarding existing structures, environmental studies, photographs or references to public records, or other pertinent information.

(c) The division shall set forth its needs with sufficient clarity to assure that there is a comprehensive understanding of the project's scope and requirement.
§17-2D-4. Acceptance of design-build bid.

(a) The design-builder shall submit the bid to the division as required in the invitation for bids.

(b) The design-builder shall furnish a bid bond not to exceed five percent of the maximum cost of the design-build contract.

(c) The selection committee may choose to reject all bids. If the selection committee chooses to accept a bid, the committee shall award the project to the qualified design-builder based on low bid or a value-based selection process combining technical qualifications and competitive bidding elements. The selection committee shall ascertain that the submissions comply with the requirements of this article and the polices and procedures of the commissioner.
§17-2D-5. Report to the Legislature.

On or before the first day of December, two thousand eight, the commissioner shall prepare and submit to the Joint Standing Committee on Government Organization a report evaluating the experience of the Division of Highways with each project, including whether the division realized any cost or time savings, the number and cost of change orders, the quality of work performed, the number of bids received and other issues the commissioner considers appropriate.
ARTICLE 4. STATE ROAD SYSTEM.

§17-4-17b. Relocation of public utility lines on highway construction projects.

(a) Whenever the division reasonably determines that any public utility line or facility located upon, across or under any portion of a state highway needs to be removed, relocated or adjusted in order to accommodate a highway project, the division shall give to the utility sixty days' written notice directing it to begin the physical removal, relocation or adjustment of such utility obstruction or interference. If such notice is in conjunction with a highway improvement project, it will be provided at the date of advertisement or award. Prior to the notice directing the physical removal, relocation or adjustment of a utility line or facility, the utility shall adhere to the division's utility relocation procedures for public road improvements which shall include, but not be limited to, the following:

(1) The division will submit to the utility a letter and a set of plans for the proposed highway improvement project;

(2) The utility must, within twenty days, submit to the division a written confirmation acknowledging receipt of the plans and a declaration of whether or not its facilities are within the proposed project limits and the extent to which the facilities are in conflict with the project;

(3) If the utility is adjusting, locating or relocating facilities or lines from or into the division's right-of-way, the utility must submit to the division plans showing existing and proposed locations of utility facilities. These utility plans must be submitted to the division within thirty days of receipt of the highways plans or such longer time as may be provided in the letter accompanying the highway plans;

(4) The utility's submission shall include with the plans a working-time analysis demonstrating that the utility adjustment, location or relocation will be accomplished in a manner and time frame established by the division's written procedures and instructions. Such working-time plan shall specify the order and calendar days for removal, relocation or adjustment of the utility from or within the project site and any staging property acquisition, compensable work or other special requirements needed to complete the removal, relocation or adjustment. The division may approve the work plan, including any requests for compensation, submitted by a utility for a highway improvement project if it is submitted within the established schedule and does not adversely affect the letting date. The division will review the work plan to ensure compliance with the proposed improvement plans and schedule.

(b) If the utility does not thereafter begin removal within the time specified in the work plan, the division may give the utility a final notice directing that such removal shall commence not later than ten days from the receipt of such final notice. If the utility does not, within the ten days from receipt of the final notice, begin to remove or relocate the facility or, having so begun removal or relocation, thereafter fails to complete the removal or relocation within the time specified by the work plan, the division may remove or relocate the same with its own employees or by employing or contracting for the necessary engineering, labor, tools, equipment, supervision, materials and other necessary services to accomplish the removal or relocation, and the expenses of such removal may be paid and collected as provided at law. If additional utility removal, relocation or adjustment work is found necessary after the letting date of the highway improvement project, the utility shall provide a revised work plan within thirty calendar days after becoming aware of such additional work or upon receipt of the division's written notification advising of such additional work. The utility's revised work plan shall be reviewed by the division to ensure compliance with the highway project or improvement.

(c) In addition to the foregoing, the owner of the utility shall be responsible for and liable to the division or its contractors for damages resulting from its failure to comply with the submitted and approved work plan. If the utility owner fails to provide a work plan or fails to complete the removal, relocation or adjustment of its facilities in accordance with the work plan approved by the division, the owner shall be liable to the contractor for all delay costs and liquidated damages incurred by the contractor which are caused by or which grow out of the failure of the utility owner to provide a work plan or a revised work plan or to complete its work in accordance with the approved work plan. The division may withhold approval of permits for failure of the utility owner to comply with the requirements of this section.
§17-4-17d. Relocation of public utility lines and public service districts utility lines on state highway construction projects.

~~(a)~~ Whenever the Commissioner of Highways determines that any public utility line owned by a county or municipal governmental body located upon, across or under any portion of a state highway needs to be relocated in order to accommodate a highway project for which proportionate reimbursement of the cost is not available from any federal program, the commissioner shall notify the public utility owning or operating the facility which shall relocate the same in accordance with ~~the order of the commissioner~~ this section, and the cost of the relocation shall be paid out of the State Road Fund.

(b) The commissioner may propose legislative rules in accordance with the provisions of article three, chapter twenty- nine-a of this code to provide for reimbursement of privately held public utilities for the cost of relocation, due to the division of highways construction or improvement projects, of their public utility lines located upon, across or under any portion of a state highway in order to accommodate a highway project for which proportionate reimbursement of the cost is not available from any federal program, with the cost of the relocation to be paid out of the state road fund.
(c) For the purpose of this section, the term "cost of relocation" includes the entire amount paid by the utility, exclusive of any right-of-way costs incurred by the utility, properly attributable to the relocation after deducting therefrom any increase in the value of the new facility and salvage value derived from the old facility.
(d) Any notice required by this section is sufficient if given by registered mail or certified mail, return receipt requested, addressed to any officer of the utility or to an individual if the person to whom notice is required is an individual.;

And,

On pages one and two, by striking out the title and substituting therefor a new title, to read as follows:

Eng. Senate Bill No. 759--A Bill to repeal §17-4-17c of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new article, designated §17-2D-1, §17-2D-2, §17- 2D-3, §17-2D-4 and 17-2D-5; and to amend and reenact §17-4-17b and §17-4-17d of said code, all relating to construction of highways and bridges; creating the Highway Design-Build Pilot Program; listing requirements for approval of design-build projects; requiring monthly progress reports on design-build projects; requiring annual reports; revising authority to propose certain rules and requirements; establishing requirements for issuing invitations for bid; requiring a report to the Legislature; creating procedure for removal, relocation or adjustment of utility lines or facilities to accommodate a highway project; requiring notice of need to remove, relocate or adjust a utility line or facility; requiring removal, relocation or adjustment plans; creating liability for not following plan; and requiring public utility to pay for relocation, removal or adjustment.

On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.

Engrossed Senate Bill No. 759, as amended by the House of Delegates, was then put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 759) passed with its House of Delegates amended title.

Senator Chafin moved that the bill take effect from passage.

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. 759) takes effect from passage.

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

Eng. Senate Bill No. 773, Relating to certificate of need standards.

On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.

The following House of Delegates amendments to the bill were reported by the Clerk:

On page three, section one, lines fifteen through seventeen, by striking out the words "in rules adopted pursuant to section eight of this article, in the certificate of need standards approved pursuant to section five of this article or" and inserting in lieu thereof the words "including certificate of need standards and criteria developed";

On page three, section one, line nineteen, after the word "article" by striking out the comma and the words "needed in" and inserting in lieu thereof the words "pertaining to";

On page three, section one, line twenty, after the word "state" by inserting a comma;

On pages three and four, section one, lines twenty-five through thirty-eight, by striking out subdivision (3) in its entirety;

On page twenty-two, section six, line one hundred forty-seven, after the word "article," by inserting the word "in";

On page twenty-three, section six, line one hundred forty- nine, after the word "or" by inserting the word "in";

And,

On page twenty-six, section nine, line eighteen, after the word "article," by inserting the word "in".

On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.

Engrossed Senate Bill No. 773, as amended by the House of Delegates, was then put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 773) passed with its title.

Senator Chafin moved that the bill take effect from passage.

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. 773) takes effect from passage.

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

Eng. Senate Bill No. 781, Relating to long-term leases for wireless communication towers on public lands.

On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.

The following House of Delegates amendments to the bill were reported by the Clerk:

On page two, by striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 3. PURCHASING DIVISION.

§5A-3-40a. Long-term leases of public lands for wireless communication towers.

(a) Notwithstanding any provision of law to the contrary, the secretary shall have sole authority to negotiate and enter into long-term lease agreements for lease of public lands to be used for placement of wireless communication towers: Provided, That such long-term lease agreements may not be for periods in excess of thirty years: Provided, however, That for the governmental units named in subsection (d) of this section, any lease proposed by the secretary may only be entered into upon approval in writing of the ranking administrator of the respective governmental unit described in said subsection.

(b) All revenues derived from leases established upon the enactment of this section shall be deposited into the General Revenue Fund except as provided in subsections (c) and (d) of this section.

(c) Revenues from leases initiated prior to the enactment of this section or subsequently renewed shall continue to be treated as they were prior to the enactment of this section.

(d) Revenues derived from the lease of property under the control of the Department of Transportation shall be deposited into the State Road Fund. Revenues derived from the lease of property under the control of the Division of Natural Resources shall be deposited into the State Park Improvement Fund. Revenues derived from the lease of property under the control of the Department of Agriculture shall be deposited into the Agriculture Fees Fund. Revenues derived from the lease of property under the control of the Division of Forestry shall be deposited into the Division of Forestry Fund. Revenues derived from the lease of property under the control of institutions of higher education shall be deposited into the institution's education and general capital fees fund. Revenues derived from the lease of property under the control of Higher Education Policy Commission shall be deposited into the commission's State Gifts Grants and Contracts Fund. Revenues derived from the lease of property under the control of the West Virginia Council for Community and Technical College Education shall be deposited into the council's Tuition and Required Educational and General Fees Fund.

(e) Any long-term lease agreement entered into pursuant to this section shall contain provisions allowing for the nonexclusive use of the public lands and allowance for use of the same public space for additional towers by competing persons or corporations.

(f) The secretary is further authorized to enter into long- term lease agreements for additional wireless communication towers by other persons or corporations upon the same public lands in which there already exists a lease and tower provided for under this section.

(g) Any long-term lease agreement entered into pursuant to this section shall be recorded in the office of the county clerk where public land which is the subject of the lease agreement is located.
§5A-3-42. Leasing for space rules and regulations.

The secretary shall have the power and authority to promulgate such rules and regulations as he may deem necessary to carry out the provisions of sections thirty-eight, thirty-nine, forty, forty- a and forty-one of this article.;

And,

On page one, by striking out the title and substituting therefor a new title, to read as follows:

Eng. Senate Bill No. 781--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-3-40a; and to amend and reenact §5A-3-42 of said code, all relating to long-term leases for wireless communication towers on public lands; authorizing the Secretary of the Department of Administration to negotiate and enter into long-term lease agreements; excluding public lands under the jurisdiction of the Division of Natural Resources; limiting the duration and conditions of such agreements; requiring leases to be recorded with the clerk of the county commission; and directing the secretary to promulgate rules.

On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.

Engrossed Senate Bill No. 781, as amended by the House of Delegates, was then put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 781) passed with its House of Delegates amended title.

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

A message from The Clerk of the House of Delegates announced the amendment by that body to the title of the bill, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to

Eng. Senate Bill No. 785, Relating to school physical education requirements.

On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.

The following House of Delegates amendment to the title of the bill was reported by the Clerk:

On page one, by striking out the title and substituting therefor a new title, to read as follows:

Eng. Senate Bill No. 785--A Bill to amend and reenact §18-2-7a of the Code of West Virginia, 1931, as amended, relating to requirements for physical education in public schools; additional condition authorizing development of alternative programs to meet requirements; grouping requirements by programmatic rather than grade levels; and requiring state board rule on collection, use and reporting body mass index data.

On motion of Senator Chafin, the Senate concurred in the House of Delegates amendment to the title of the bill.

Engrossed Senate Bill No. 785, as amended by the House of Delegates, was then put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 785) passed with its House of Delegates amended title.

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

Eng. Senate Bill No. 791, Clarifying offenses and penalties relating to ephedrine, pseudoephedrine and phenylpropanolamine.

On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.

The following House of Delegates amendments to the bill were reported by the Clerk:

On pages six and seven, by striking all of section eight and inserting in lieu thereof a new section eight, to read as follows:

§60A-10-8. Reporting requirements; confidentiality.

(a) Whenever there is a sale, retail, transfer or distribution of any drug product referred to in ~~subsection (e), section two hundred twelve, article two~~ section seven of this ~~chapter~~ article or another designated precursor, the pharmacist or pharmacy technician making the sale, transfer or distribution shall report the following information for inclusion in ~~the~~ a central repository established ~~pursuant to article nine of this chapter~~ and maintained by the Board of Pharmacy:

(1) The date of the transaction;

(2) The name, address and driver's license or state-issued identification number of the person; and

(3) The name, the quantity of packages and total gram weight of the product or products purchased, received or otherwise acquired.

(b) The information required to be reported by this section shall be reported by paper log maintained at the point of sale: Provided, That, beginning on the first day of January, two thousand seven, reporting shall be by electronic transmission to the Board of Pharmacy no more frequently than once a week.

~~(b)~~ (c) The information required by this section shall be the property of the state and a pharmacy shall have no duty to retain a copy of the information in any format once the information has been reported to the Board of Pharmacy as required by this section.;

And,

On page one, by striking out the title and substituting therefor a new title, to read as follows:

Eng. Senate Bill No. 791--A Bill to amend and reenact §60A-2- 212 of the Code of West Virginia, 1931, as amended; and to amend and reenact §60A-10-7 and §60A-10-8 of said code, all relating to ephedrine, pseudoephedrine and phenylpropanolamine; clarifying that offenses and penalties for prohibited acts relating to controlled substances do not apply to ephedrine, pseudoephedrine or phenylpropanolamine; clarifying that the offenses and penalties for prohibited acts set forth in the provisions of article ten of said chapter are applicable to ephedrine, pseudoephedrine and phenylpropanolamine; clarifying the reporting requirements requiring pharmacists and pharmacy technicians to report sales, transfers and distribution of certain substances containing ephedrine, pseudoephedrine and phenylpropanolamine to the Board of Pharmacy; and providing for the methods of reporting the information required to be reported.

On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.

Engrossed Senate Bill No. 791, as amended by the House of Delegates, was then put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 791) passed with its House of Delegates amended title.

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

A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendment, as amended by the House of Delegates, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendments to the Senate amendment, as to

Eng. Com. Sub. for House Bill No. 2638, Increasing the amount of allowable equity investments in municipal police and fire pension plans.

On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.

The following House of Delegates amendments to the Senate amendment to the bill were reported by the Clerk:

On page three, section twenty-two-a, line twenty-seven, after the word "Market;" by inserting the word "and";

And,

On page three, section twenty-two-a, line thirty-two, after the word "funds" by changing the semicolon to a period and striking out the following: and

(4) The equity value of investments shall not exceed twenty-five percent of the total portfolio for the first twelve months from enactment of these articles; thereafter no more than five percent of the total portfolio be invested in equity securities per calendar quarter up to the maximum of ~~fifty~~ sixty percent;.

On motion of Senator Chafin, the Senate concurred in the foregoing House of Delegates amendments to the Senate amendment to the bill.

Engrossed Committee Substitute for House Bill No. 2638, as amended, was then 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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, White, Yoder and Tomblin (Mr. President)--31.

The nays were: Boley, Harrison and Weeks--3.

Absent: None.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2638) passed with its title.

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

A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended, of

Eng. Com. Sub. for House Bill No. 4008, Relating to authorizing city and county housing authorities to merge to form a regional housing authority.

A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, to take effect from passage, of

Eng. Com. Sub. for House Bill No. 4172, Authorizing the Department of Administration to promulgate legislative rules.

Eng. Com. Sub. for House Bill No. 4210, Authorizing the Department of Commerce to promulgate legislative rules.

A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, of

Eng. Com. Sub. for House Bill No. 4444, Permitting land grant university researchers performing research to plant ginseng seed and to dig, collect or gather ginseng on state public lands.

A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendment to, and the passage as amended, of

Eng. Com. Sub. for House Bill No. 4453, Clarifying the powers and duties of conservation officers as it relates to searches and seizures.

A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, of

Eng. Com. Sub. for House Bill No. 4454, Relating to wages withheld from an employee.

A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, of

Eng. House Bill No. 4470, Updating the definition of "medicare supplement policy".

A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendment to, and the passage as amended, to take effect from passage, of

Eng. House Bill No. 4479, Relating to Manufactured Housing Construction and Safety Standards.

A message from The Clerk of the House of Delegates announced that that body had refused to concur in the Senate amendments to, and requested the Senate to recede therefrom, as to

Eng. Com. Sub. for House Bill No. 4488, Creating a commission to complete a comprehensive study of the state's behavioral health system.

On motion of Senator Chafin, the Senate refused to recede from its amendments to the bill and requested the appointment of a committee of conference of three from each house on the disagreeing votes of the two houses.

Whereupon, Senator Tomblin (Mr. President) appointed the following conferees on the part of the Senate:

Senators Hunter, Sharpe and Guills.

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

A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments, as amended by the House of Delegates, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendment to the Senate amendments, as to

Eng. House Bill No. 4679, Relating to qualified charitable gift annuities.

On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.

The following House of Delegates amendment to the Senate amendments to the bill was reported by the Clerk:

On page one, by striking out the title and substituting therefor a new title, to read as follows:

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-1, §33-13B-2, §33-13B-3, §33-13B-4, §33-13B-5 and §33-13B-6, all relating to qualified charitable gift annuities; providing definitions; declaring issuance of certain annuities not business of insurance; requiring certain notices by issuers; and providing penalties.

On motion of Senator Chafin, the Senate concurred in the foregoing House of Delegates amendment to the Senate amendments to the bill.

Engrossed House Bill No. 4679, as amended, was then put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4679) passed with its House of Delegates amended title.

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

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. 19--Designating the Mighty Wurlitzer Theater Pipe Organ, located in Huntington, West Virginia, as the official theater pipe organ of West Virginia.

Whereas, The Bluefield, West Virginia, Granada Theater Wurlitzer theater pipe organ, now installed in the Keith-Albee Theater in Huntington, West Virginia, is the sole remaining theater pipe organ originally installed in a theater in the State of West Virginia; and

Whereas, The original Keith-Albee Wurlitzer theater organ has been sold to a private individual and cannot be returned in its original state; and

Whereas, The theater organ is a uniquely American musical invention, designed and constructed to provide sound accompaniment in the silent era of motion pictures; and

Whereas, Between 1910 and the 1930s, there were nearly 7,000 theater organs across the United States performing each day for motion pictures; and

Whereas, Soon after sound came to motion pictures, the theater organs were abandoned, discarded, given away or left to languish dormant in their theaters, leaving at the present time approximately 125 theater organs in public venues nationally; and

Whereas, In 2001, the Huntington Theater Organ Project, Inc., a not-for-profit, tax-exempt West Virginia corporation consisting of private citizens was established to renovate and install the Bluefield Granada Theater Wurlitzer in the Keith-Albee Theater in Huntington, West Virginia; and

Whereas, The Huntington Theater Organ Project, Inc., has obtained parts of the Moller theater organ originally installed in the Smoot Theater, Parkersburg, West Virginia, which will be added to the theater organ installed in the Keith-Albee Theater; and

Whereas, The glorious, majestic sounds of the most powerful musical instrument ever produced will once again thrill West Virginians in such events as mini-musical concerts between movies, Marshall University Artists Series, an annual concert series and educational curriculum programs with area schools and universities; and

Whereas, The theater organ installed in the Keith-Albee Theater is the only remaining theater organ built for a theater in the great State of West Virginia and the glorious, majestic sounds of the most powerful musical instrument ever produced will once again thrill West Virginians in such events as mini-concerts between films, an annual concert series and educational curriculum programs with area schools and universities; therefore, be it

Resolved by the Legislature of West Virginia:

That the Mighty Wurlitzer Theater Pipe Organ located in Huntington is hereby designated the official theater pipe organ of the State of West Virginia.

Referred to the Committee on Government Organization.

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

Com. Sub. for House Concurrent Resolution No. 22--Requesting the West Virginia Division of Highways to name a portion of West Virginia Route 16 from the northen city limits of the City of Mount Hope continuing northerly to the intersection of W. Va. Route 16 and U. S. Route 19, Corridor L, the "GENERAL C. SHIRLEY DONNELLY MEMORIAL ROAD".

Whereas, C. Shirley Donnelly was born in Jackson County, West Virginia, on February 2, 1895; and

Whereas, C. Shirley Donnelly was raised in frugal circumstance similar to most West Virginians of the era; and

Whereas, C. Shirley Donnelly attended a one-room school at Cedar Point until his family moved to Charleston, West Virginia, where he graduated from Charleston High School in 1915; and

Whereas, C. Shirley Donnelly decided to go into the ministry at an early age and fulfilled that desire by completing graduate work at Union Theological Seminary in Richmond, Virginia; and

Whereas, Reverend C. Shirley Donnelly pastored at Oak Hill Baptist Church for 21 years and at the Crab Orchard Baptist Church for 25 years after returning from World War II; and

Whereas, During Reverend Donnelly's military service, he was Head Chaplain over 600 army chaplains of all faiths; and

Whereas, At the age of 34, C. Shirley Donnelly was promoted to the rank of captain, fulfilling a goal he had set for himself as a youth, and eventually he was promoted to the rank of full colonel; and

Whereas, During C. Shirley Donnelly's military service, he lived in 17 countries on four continents; and

Whereas, Colonel C. Shirley Donnelly was a friend and acquaintance of Colonel James H. O?Neil, Army chaplain, who was told by General Patton to do something to stop the rain which had bogged down the efforts of Patton?s army, thus stirring Chaplain O?Neill to compose the famous prayer printed on the back of General Patton?s Christmas card as Patton credited the prayer with stopping the rain; and

Whereas, Colonel C. Shirley Donnelly was with General Patch in Augsburg, Germany, when the surrender note of Goering was placed in the General?s hand thus placing him in the archives of history unmatched by any Fayette countian of note; and

Whereas, After the war, C. Shirley Donnelly was promoted to the highest rank of general as a chaplain in the National Guard in the United States on his eighty-fifth birthday; and

Whereas, In his spare time, C. Shirley Donnelly delighted readers in West Virginia and elsewhere by his prolific writings in book form and newspapers on a host of subjects and experiences; and

Whereas, Jim Comstock, noted historian and publisher, once remarked that Fayette County and all of West Virginia should be thankful that C. Shirley Donnelly preserved so much local and state history; and

Whereas, C. Shirley Donnelly departed this life on August 31, 1982, and is interred at Blue Ridge Memorial Gardens in Prosperity, West Virginia; and

Whereas, C. R. Hill chronicled the many achievements of C. Shirley Donnelly as historian, minister, soldier, farmer and banker in book form, giving clear and convincing evidence that the contributions of C. Shirley Donnelly should not soon be forgotten; and

Whereas, Those contributions make C. Shirley Donnelly worthy and deserving of having his name set before his fellow Fayette countians and the motoring public, commemorating his exemplary life in the hope that it might be emulated; and

Whereas, C. Shirley Donnelly frequently traveled over a portion of U. S. Route 16 as he pastored at the Crab Orchard Baptist Church and as he wrote countless articles for the Beckley newspaper; therefore, be it

Resolved by the Legislature of West Virginia:

That the West Virginia Division of Highways is hereby requested to name the portion of W. Va. Route 16 from the northen city limits of the City of Mount Hope continuing northerly to the intersection of W. Va. Route 16 and U. S. Route 19, Corridor L, the "GENERAL C. SHIRLEY DONNELLY MEMORIAL ROAD"; and, be it

Further Resolved, That appropriate signage be erected at both ends of said memorial road and that the Clerk of the House of Delegates is hereby directed to forward a copy of this resolution to the Commissioner of the West Virginia Division of Highways and the family of General C. Shirley Donnelly.

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

Com. Sub. for House Concurrent Resolution No. 23--Requesting the Division of Highways name the portion of U. S. Route 16 beginning at the exit ramp near Fayette County Route 19/29 and continuing in a northerly direction to the entrance ramp of U. S. Route 19, Corridor L, the "Hank Williams, Sr., Memorial Road".

Whereas, Hank Williams, Sr., traveled over the portion of U. S. Route 16 beginning at Glen Jean, Fayette County, and ending in Oak Hill, Fayette County, shortly before his death near Oak Hill on the night of December 31, 1952; and

Whereas, The haunting melodies created by Hank Williams, Sr., have touched the souls of so many throughout the United States; and

Whereas, The contributions of Hank Williams, Sr., have helped propel country music into the billion-dollar industry it is today; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby requests that the Division of Highways name the portion of U. S. Route 16 beginning at the exit ramp near Fayette County Route 19/29 and continuing in a northerly direction to the entrance ramp of U. S. Route 19, Corridor L, the "Hank Williams, Sr., Memorial Road"; and, be it

Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the Governor.

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. 69--Requesting the Division of Highways name the bridge crossing the Ohio River between Huntington, West Virginia, and Proctorville, Ohio, also known as the East Huntington Bridge, "The Frank 'Gunner' Gatski Memorial Bridge".

Whereas, Born in Farmington, West Virginia, on March 13, 1922, Frank grew up in Number Nine Mine coal camp and then attended Farmington High School. He went to work in the coal mines immediately after graduating high school; and

Whereas, Upon entering Marshall University, he impressed Coach Cam Henderson enough to win a starting position on the football team. At the same time Marshall University was forced to discontinue their football program for the duration of World War II, his Army reserve unit was activated; and

Whereas, Frank Gatski served two years in the Army infantry in Europe. Upon returning, he finished his college career at Auburn University. He successfully tried out for the Cleveland Browns and was added to their roster at the beginning of the 1946 season; and

Whereas, Frank Gatski played for the Cleveland Browns from 1946 through 1956 and for the Detroit Lions for the 1957 season playing in 11 championship games in those 12 seasons; and

Whereas, Throughout 20 years of playing football in high school, in college and professionally, he never missed a game or practice; and

Whereas, Frank Gatski worked as a scout for the Boston Patriots for four years before taking the job as that team's head coach and athletic director. He then began 21 years of coaching at the West Virginia Industrial School for Boys in Farmington; and

Whereas, Frank Gatski was inducted into the Marshall University Athletic Hall of Fame on September 25, 1985; and

Whereas, Frank Gatski was inducted into the Professional Football Hall of Fame in Canton, Ohio, on August 3, 1985; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the Division of Highways to name the bridge crossing the Ohio River between Huntington, West Virginia, and Proctorville, Ohio, also known as the East Huntington Bridge, "The Frank 'Gunner' Gatski Memorial Bridge"; and, be it

Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "The Frank 'Gunner' Gatski 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 the Department of Transportation.

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. 92--Requesting the Joint Committee on Government and Finance, with the consultation and participation of the Office of the Consumer Advocate within the agency of the Insurance Commissioner, to study the conundrum presented by a conflict between the statutory standards and requirements governing the practice of medicine and related health care occupations and underwriting guidelines governing the issuance of medical professional liability insurance policies.

Whereas, There is a need to ensure the availability of health care for the citizens of this state; and

Whereas, Nurse practitioners, physicians assistants and nurse anesthetists are critical to providing care to West Virginians; and

Whereas, The scope of practice of all health care providers is set forth in code; and

Whereas, Physicians utilizing nurse practitioners and physicians assistants are required to have collaborative agreements in place intended to enhance the availability of care; and

Whereas, Restricting the scope of practice of mid-level health care providers could negatively impact the availability of health care in this state, especially in the rural areas; and

Whereas, An underwriting guideline requiring that a physician be on site at all times a mid-level practitioner sees patients conflicts with the statutory scope of practice of mid-level practitioners and limits the availability of care; and

Whereas, The availability and affordability of medical malpractice insurance is also important to continued access to care; and

Whereas, Underwriting guidelines address the risks associated with insured activity and provide the basis for the cost of insuring against the risk; and

Whereas, Underwriting guidelines that restrict the lawful practice of mid-level health care providers can result in reduced access to health care for patients in this state; and

Whereas, The Legislature needs to ensure access to health care and access to affordable medical malpractice insurance; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance, with the consultation and participation of the Office of the Consumer Advocate within the agency of the Insurance Commissioner, study the statutory standards and requirements governing the practice of mid-level health care occupations and the underwriting guidelines governing the issuance of medical professional liability insurance policies to these professionals to resolve any conflicts between the two which affects the State's ability to provide health care to its citizens; and, be it

Further Resolved, That the Joint Committee on Government and Finance report on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations, to the next regular session of the Legislature 2007; and, be it

Further Resolved, That the expenses necessary to carry out its duties, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

Referred to the Committee on Rules.

Eng. Senate Bill No. 461, Clarifying water supply replacement requirements for surface mine operators.

On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.

The following House of Delegates amendments to the bill were reported by the Clerk:

On page four, section twenty-four, after subsection (g), by inserting a new subsection, designated subsection (h), to read as follows:

(h) Notwithstanding the denial of the operator of responsibility for the damage of the owners water supply or the status of any appeal on determination of liability for the damage to the owners water supply, the operator may not discontinue providing the required water service until authorized by the division.;

And,

On page one, by striking out the title and substituting therefor a new title, to read as follows:

Eng. Senate Bill No. 461--A Bill to amend and reenact §22-3-24 of the Code of West Virginia, 1931, as amended, relating to underground water supply replacement; altering requirements for mine operators for replacement of water supply; and requiring prior department approval before discontinuing water supply replacement.

On motion of Senator Kessler, the following amendment to the House of Delegates amendments to the bill (Eng. S. B. No. 461) was reported by the Clerk and adopted:

On page four, section twenty-four, subsection (h), after the word "division." by adding the following:

Notwithstanding the provisions of subsection (g) of this section, on and after the effective date of the amendment and reenactment of this section during the regular legislative session of two thousand six, the provisions of this section shall apply to all mining operations for water replacement claims resulting from mining operations regardless of when the claim arose.

On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments, as amended.

Engrossed Senate Bill No. 461, as amended, was then put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 461) passed with its House of Delegates amended title.

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

Eng. Senate Bill No. 598, Relating to Teachers Retirement System's qualified plan status.

On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.

The following House of Delegates amendments to the bill were reported by the Clerk:

On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:

That §18-7A-24 of the Code of West Virginia, 1931, as amended, be repealed; and that §18-7A-17, §18-7A-23 and §18-7A-25 of said code be amended and reenacted, all to read as follows:

ARTICLE 7A. STATE TEACHERS RETIREMENT SYSTEM.

§18-7A-17. Statement and computation of teachers' service; qualified military service.

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

(b) For the purpose of this article, the retirement board shall grant prior service credit to new entrants and other members of the retirement system for service in any of the armed forces of the United States in any period of national emergency within which a federal Selective Service Act was in effect. For purposes of this section, "armed forces" includes Women's Army Corps, women's appointed volunteers for emergency service, Army Nurse Corps, SPARS, Women's Reserve and other similar units officially parts of the military service of the United States. The military service is considered equivalent to public school teaching, and the salary equivalent for each year of that service is the actual salary of the member as a teacher for his or her first year of teaching after discharge from military service. Prior service credit for military service shall not exceed ten years for any one member, nor shall it exceed twenty-five percent of total service at the time of retirement. Notwithstanding the preceding provisions of this subsection, contributions, benefits and service credit with respect to qualified military service shall be provided in accordance with Section 414(u) of the Internal Revenue Code. For purposes of this section, "qualified military service" has the same meaning as in Section 414(u) of the Internal Revenue Code. The retirement board is authorized to determine all questions and make all decisions relating to this section and, pursuant to the authority granted to the retirement board in section one, article ten-d, chapter five of this code, may promulgate rules relating to contributions, benefits and service credit to comply with Section 414(u) of the Internal Revenue Code. No military service credit may be used in more than one retirement system administered by the Consolidated Public Retirement Board.

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

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

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

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

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

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

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

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

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

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

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

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

(o) The provisions of section twenty-eight-e of this article are not applicable to the amendments made to this section during the two thousand six regular session.
§18-7A-23. Withdrawal and death benefits.

Benefits upon withdrawal from service prior to retirement under the provisions of this article shall be as follows:

(a) A contributor who withdraws from service for any cause other than death or retirement shall, upon application, be paid his or her accumulated contributions plus refund interest up to the end of the fiscal year preceding the year in which application is made, but in no event shall interest be paid beyond the end of five years following the year in which the last contribution was made: Provided, That such contributor, at the time of application, is then no longer under contract, verbal or otherwise, to serve as a teacher; or

(b) If a contributor with fewer than five years of established service does not apply for the refund of his accumulated contributions within five years from the year in which he quits service, then his accumulated contributions plus refund interest, up to and including the fifth year, shall be returned to such member or to his legal representative; or
~~(c)~~ (b) If such contributor has completed twenty years of total service, he or she may elect to receive at retirement age an annuity which shall be computed as provided in this article: Provided, That if such contributor has completed as least five, but fewer than twenty years of total service in this state, he or she may elect to receive at age sixty-two an annuity which shall be computed as provided in this article. The contributor must notify the retirement board in writing concerning such election. If such contributor has completed fewer than five years of service in this state, he or she shall be subject to the provisions as outlined in ~~subsections (a) or (b)~~ subdivision (a) of this section.

Benefits upon the death of a contributor prior to retirement under the provisions of this article shall be paid as follows:

(1) If the contributor was at least fifty years old, and if his or her total service as a teacher was at least twenty-five years at the time of his or her death, then the surviving spouse of the deceased, provided ~~said~~ the spouse is designated as the sole refund beneficiary, ~~shall be~~ is eligible for an annuity ~~which shall be~~ computed as though the deceased where actually a retired teacher at the time of death, and had selected a survivorship option which pays ~~such~~ the spouse the same monthly amount which would have been received by the deceased; or

(2) If the facts do not permit payment under paragraph (1) of this subdivision, then the following sum shall be paid to the refund beneficiary of the contributor: ~~His~~ The contributor's accumulated contributions with refund interest up to the year of his or her death plus the amount of his or her accumulated contributions. The latter sum shall emanate from the employer's accumulation fund.
§18-7A-25. Eligibility for retirement allowance.

(a) Any member who has attained the age of sixty years or who has had thirty-five years of total service as a teacher in West Virginia, regardless of age, is eligible for an annuity. No new entrant nor present member is eligible for an annuity, however, if either has less than five years of service to his or her credit.

(b) Any member who has attained the age of fifty-five years and who has served thirty years as a teacher in West Virginia is eligible for an annuity.

(c) Any member who has served at least thirty but less than thirty-five years as a teacher or nonteaching member in West Virginia and is less than fifty-five years of age is eligible for an annuity, but the annuity shall be the reduced actuarial equivalent of the annuity the member would have received if the member were age fifty-five at the time such annuity was applied for.

(d) The request for any annuity shall be made by the member in writing to the retirement board, but in case of retirement for disability, the written request may be made by either the member or the employer.

(e) A member is eligible for annuity for disability if he or she satisfies the conditions in either subdivision ~~(a)~~ (1) or ~~(b)~~ (2) of this subsection and meets the conditions of subdivision ~~(c)~~ (3) of this ~~section~~ subsection as follows:

(1) His or her service as a teacher or nonteaching member in West Virginia must total at least ten years and service as a teacher or nonteaching member must have been terminated because of disability, which disability must have caused absence from service for at least six months before his or her application for disability annuity is approved.

(2) His or her service as a teacher or nonteaching member in West Virginia must total at least five years and service as a teacher or nonteaching member must have been terminated because of disability, which disability must have caused absence from service for at least six months before his or her application for disability annuity is approved and the disability is a direct and total result of an act of student violence directed toward the member.

(3) An examination by a physician or physicians selected by the retirement board must show that the member is at the time mentally or physically incapacitated for service as a teacher, that for that service the disability is total and likely to be permanent and that he or she should be retired in consequence of the disability.

(f) Continuance of the disability of the retired member shall be established by medical examination, as prescribed in subdivision (3), subsection ~~(1)~~ (e) of this section, annually for five years after retirement, and thereafter at such times required by the retirement board. Effective the first day of July, one thousand nine hundred ninety-eight, a member who has retired because of a disability may select an option of payment under the provisions of section twenty-eight of this article: Provided, That any option selected under the provisions of section twenty-eight of this article shall be in all respects the actuarial equivalent of the straight life annuity benefit the disability retiree receives or would receive if the options under said section were not available and that no beneficiary or beneficiaries of the disability annuitant may receive a greater benefit, nor receive any benefit for a greater length of time, than the beneficiary or beneficiaries would have received had the disability retiree not made any election of the options available under said section. In determining the actuarial equivalence, the board shall take into account the life expectancies of the member and the beneficiary: Provided, however, That the life expectancies may at the discretion of the board be established by an underwriting medical director of a competent insurance company offering annuities. Payment of the disability annuity provided in this article shall cease immediately if the retirement board finds that the disability of the retired teacher no longer exists, or if the retired teacher refuses to submit to medical examination as required by this section.;

And,

On page one, by striking out the title and substituting therefor a new title, to read as follows:

Eng. Senate Bill No. 598--A Bill to repeal §18-7A-24 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-7A-17, §18-7A-23 and §18-7A-25 of said code, all relating to the State Teachers Retirement System generally; deleting provisions which allowed for the distribution, without a contributor's consent, of accumulated contributions to the State Teachers Retirement System to a contributor with fewer than five years of service who quits service or ceases to be a member; allowing the purchase of service credit in the State Teachers Retirement System for temporary employment under the Comprehensive Employment and Training Act (CETA); specifying the cost of the service credit purchased; and correcting code references.

On motion of Senator Chafin, the Senate refused to concur in the foregoing House amendments to the bill (Eng. S. B. No. 598) and requested the House of Delegates to recede therefrom.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Executive Communications

Senator Tomblin (Mr. President) laid before the Senate the following communication from His Excellency, the Governor, regarding annual reports, which communication was received:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON

March 10, 2006

Senate Executive Message No. 4
The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Tomblin:

Pursuant to the provisions of §5-1-20 of the Code of West Virginia, I hereby certify that the following 2004-2005 annual reports have been received in the Office of the Governor:

Accountancy, West Virginia Board of;

Aeronautics Commission, West Virginia Department of Transportation;

Affordable Housing Trust Fund, West Virginia;

Architects, West Virginia State Board of;

Banking, Division of, West Virginia Department of Revenue;

Barbers and Cosmetologists, Board of, West Virginia Department of Health and Human Resources;

Board of Medicine, West Virginia, Volumes I and II;

Chiropractic, West Virginia Board of;

Coal Mine Health and Safety, Board of, and Coal Mine Safety Technical Review Committee, Miners' Health, Safety and Training Division, West Virginia Department of Commerce;

10.

Commercial Motor Vehicle Weight and Safety Enforcement Advisory Committee, West Virginia Public Service Commission;

11.

Community Corrections Act, Governor's Committee on Crime, Delinquency and Correction;

12.

Consumer Advocacy, West Virginia Office of the;

13.

Consumer Advocate Division, West Virginia Public Service Commission;

14.

Consumer Protection and Antitrust Divisions, Office of the West Virginia Attorney General;

15.

Corrections, Division of, West Virginia Department of Military Affairs and Public Safety;

16.

Court of Claims, West Virginia;

17.

Court System, West Virginia Supreme Court of Appeals;

18.

Deaf and Hard-of-Hearing, West Virginia Commission for the;

19.

Dental Examiners, West Virginia Board of;

20.

Economic Development Authority, West Virginia;

21.

Education, Board of, West Virginia Department of Education;

22.

Equal Employment Opportunity Office, West Virginia;

23.

Examiners in Counseling, West Virginia Board of;

24.

Family Support Program, Developmental Disabilities Division, West Virginia Department of Health and Human Resources;

25.

Fire Marshal, State Fire Commission, West Virginia Department of Military Affairs and Public Safety;

26.

Forestry, Division of, West Virginia Department of Commerce;

27.

Funeral Service Examiners, West Virginia Board of;

28.

Housing Development Fund, West Virginia;

29.

Human Rights Commission, West Virginia;

30.

Infrastructure and Jobs Development Council, West Virginia;

31.

Interstate Pest Control Compact, West Virginia Department of Agriculture;

32.

Investment Management Board, West Virginia;

33.

Juvenile Services, Division of, West Virginia Department of Military Affairs and Public Safety;

34.

Labor, Division of, West Virginia Department of Commerce;

35.

Library Commission, West Virginia;

36.

Licensed Practical Nurses, West Virginia State Board of Examiners for;

37.

Logging Sediment Control Act, Enforcement of, Division of Forestry, West Virginia Department of Commerce;

38.

Long-Term Care, Office of Health Facility Licensure and Certification, West Virginia Department of Health and Human Resources;

39.

Medicine, West Virginia Board of;

40.

Massage Therapy Licensure Board, West Virginia;

41.

Mine Inspectors' Examining Board, West Virginia Office of Miners' Health, Safety and Training, West Virginia Department of Commerce;

42.

Motor Vehicles, Division of, West Virginia Department of Transportation;

43.

Motorsports Council, West Virginia;

44.

Municipal Bond Commission, West Virginia;

45.

National and Community Service, West Virginia Commission for;

46.

Natural Resources, Division of, West Virginia Department of Commerce;

47.

Neighborhood Investment Program, West Virginia Development Office;

48.

Nursing Home Administrators Licensing Board, West Virginia;

49.

Occupational Therapy, West Virginia Board of;

50.

Office of Judges, West Virginia Workers' Compensation Commission;

51.

Oil and Gas Inspectors' Examining Board, West Virginia Department of Environmental Protection;

52.

Osteopathy, West Virginia Board of;

53.

Parkways, Economic Development and Tourism Authority, West Virginia Department of Transportation;

54.

Parole Board, West Virginia Department of Military Affairs and Public Safety;

55.

Personnel, Division of, West Virginia Department of Administration;

56.

Physical Therapy, West Virginia Board of;

57.

Planning and Development Council, Region VII, West Virginia;

58.

Poison Center, Robert C. Byrd Health Sciences Center;

59.

Professional Engineers, West Virginia State Board of Registration for;

60.

Professional Surveyors, West Virginia Board of;

61.

Psychologists, West Virginia Board of Examiners of;

62.

Public Employees Insurance Agency Comprehensive Annual Financial Report, West Virginia Department of Administration;

63.

Purchase of Commodities and Services from the Handicapped, Committee for the, West Virginia Association of Rehabilitation Facilities;

64.

Radiologic Technology, West Virginia Board of Examiners for;

65.

Real Estate Commission, West Virginia;

66.

Registered Professional Nurses, West Virginia Board of Examiners for;

67.

Rehabilitation Services, Division of, West Virginia Department of Education and the Arts;

68.

Respiratory Care, West Virginia Board of;

69.

Risk and Insurance Management, Board of, West Virginia Department of Administration;

70.

Ron Yost Personal Assistance Services Board, West Virginia Statewide Independent Living Council, West Virginia Division of Rehabilitation Services;

71.

Rural Development Agency, West Virginia USDA;

72.

Senior Services, West Virginia Bureau of;

73.

Small Business Development, Division of, West Virginia Development Office;

74.

Social Work Examiners, West Virginia Board of;

75.

Speech-Language Pathology and Audiology, West Virginia Board of Examiners for;

76.

State Police, West Virginia Department of Military Affairs and Public Safety;

77.

Rehabilitation Council, West Virginia;

78.

Support Enforcement Commission, West Virginia;

79.

Tax Appeals, Chief Administrative Law Judge for the Office of, West Virginia Department of Revenue;

80.

Transportation Coordinating Council, West Virginia;

81.

Treasury Investments, West Virginia Board of;

82.

Veterinary Medicine, West Virginia Board of;

83.

Water Development Authority, West Virginia;

84.

Workforce Investment Board, Inc., Northern Panhandle;

85.

Youth Services, Bureau for Children and Families, West Virginia Department of Health and Human Resources;

86.

Veterinary Medicine, West Virginia Board of;

87.

Water Development Authority, West Virginia.

Very truly yours,

Joe Manchin III,

Governor.

Senator Tomblin (Mr. President) then laid before the Senate the following communication from His Excellency, the Governor, submitting the annual probation and parole report, which was received:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON

March 10, 2006

Senate Executive Message No. 5
The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Tomblin:

As empowered by Section 11, Article VII of the Constitution of the State of West Virginia and Section 16, Article 1, Chapter 5 of the Code of West Virginia, I extended relief to the persons named on the attached report. I submit this report in accordance with the above-cited provisions for the period April 9, 2005, through March 10, 2006.

Very truly yours,

Joe Manchin III,

Governor.
PARDONS AND MEDICAL RESPITES GRANTED
BY GOVERNOR JOE MANCHIN III
FOR THE PERIOD
APRIL 9, 2005, THROUGH MARCH 10, 2006
White, Donald James
Decided: September 27, 2005

In 1996, Mr. White pled no contest to one charge of domestic assault. In July of 1996, he was fined and ordered to pay court costs by the Greenbrier County Magistrate Court. Mr. White fulfilled the requirements of the court. Since that time, Mr. White has maintained himself as a responsible, law-abiding citizen, leading a productive and contributing lifestyle. Both the Prosecuting Attorney and Sheriff of Greenbrier County supported granting clemency.

For these reasons, Governor Manchin granted a full, unconditional and complete pardon to Donald James White for the offense of domestic assault.
Nowlin, Donald Lee
Decided: December 14, 2005

In 1972, Mr. Nowlin pled guilty to one count of burglary. On May 19, 1972, he was sentenced to one-to-ten years of imprisonment, which sentence was reduced to a two-year term of probation. Mr. Nowlin successfully completed his probationary period. Since that time, Mr. Nowlin has maintained himself as a responsible, law- abiding citizen, leading a productive and contributing lifestyle.

For these reasons, Governor Manchin granted a full, unconditional and complete pardon to Donald Lee Nowlin for the offense of burglary.
Stover, Jackie Ellsworth
Decided: December 14, 2005

In 1953, Mr. Stover pled guilty to one count of breaking and entering. On October 17, 1953, he was sentenced to serve five years of probation by the Fayette County Circuit Court. Mr. Stover successfully completed his probationary period. Since that time, Mr. Stover has maintained himself as a responsible, law-abiding citizen, leading a productive and contributing lifestyle.

For these reasons, Governor Manchin granted a full, unconditional and complete pardon to Jackie Ellsworth Stover for the offense of breaking and entering.
NO MEDICAL RESPITES WERE GRANTED DURING THIS PERIOD
__________

The Senate proceeded to the sixth order of business, which agenda includes the making of main motions.

Senator Kessler moved that the Senate request the return from the House of Delegates of

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.

The Senate having concurred in part to the House amendments and having refused to concur in the House of Delegates amendment to the title of the bill on yesterday, Friday, March 10, 2006.

Which motion was put and prevailed.

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

A message from The Clerk of the House of Delegates announced that that body had acceded to the request of the Senate for the return of

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.

The bill now being in the possession of the Senate,

On motion of Senator Kessler, the Senate reconsidered the vote as to the passage of the bill.

The vote thereon having been reconsidered,

On motion of Senator Kessler, the Senate reconsidered its action by which on yesterday, Friday, March 10, 2006, it adopted Senator Chafin's motion that the Senate refuse to concur in the House of Delegates amendment to the title of the bill (shown in the Senate Journal of that day, page nine).

The vote thereon having been reconsidered,

The question again being on the adoption of Senator Chafin's motion that the Senate refuse to concur in the House of Delegates amendment to the title of the bill.

At the request of Senator Chafin, and by unanimous consent, his foregoing motion was withdrawn.

Thereafter, on motion of Senator Kessler, the following amendment to the House of Delegates 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. 219--A Bill to amend and reenact §17B-1-1 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17B-2-3a of said code, all relating to graduated driver's licenses generally; changing the expiration for level one permits and level two licenses; prohibiting the use of a handheld wireless communication device while driving by a minor holding a level one instruction permit or a level two license; and providing penalties for such violations.

On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments (shown in the Senate Journal of yesterday, Friday, March 10, 2006, pages eight and nine), as just amended.

Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 219, as amended, was then 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, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.

The nays were: Sprouse--1.

Absent: None.

So, a majority 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. 219) passed with its Senate amended 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 Chafin, and by unanimous consent, the Senate returned to the fourth order of business.

Senator Unger, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:

Your Committee on Transportation and Infrastructure has had under consideration

Senate Concurrent Resolution No. 67, Requesting Division of Highways rename Centennial Park between Parsons and Thomas, Tucker County, "Fred Long Centennial Park".

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

Respectfully submitted,

John R. Unger II,

Chair.

At the request of Senator Unger, unanimous consent being granted, the resolution (S. C. R. No. 67) contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.

The question being on the adoption of the resolution, the same was put and prevailed.

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

Senator Tomblin (Mr. President), from the Committee on Rules, submitted the following report, which was received:

Your Committee on Rules has had under consideration

Senate Concurrent Resolution No. 75, Requesting Joint Committee on Government and Finance study cost and other issues associated with No Child Left Behind Act.

Senate Concurrent Resolution No. 88, Requesting Legislative Oversight Commission on Health and Human Resources study "money follows the person" concept.

House Concurrent Resolution No. 61, Requesting the Joint Committee on Government and Finance to study the state of emergency medicine in West Virginia.

And,

House Concurrent Resolution No. 70, Requesting the joint committee on government and finance to conduct a study on the need for and the appropriate methodology for providing salary improvements for counselors employed by the Division of Rehabilitation Services.

And reports the same back with the recommendation that they each be adopted.

Respectfully submitted,

Earl Ray Tomblin,

Chairman ex officio.

At the request of Senator Chafin, unanimous consent being granted, Senate Concurrent Resolution No. 75 contained in the preceding report from the Committee on Rules was taken up for immediate consideration.

The question being on the adoption of the resolution, the same was put and prevailed.

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

At the request of Senator Chafin, unanimous consent being granted, Senate Concurrent Resolution No. 88 contained in the preceding report from the Committee on Rules was taken up for immediate consideration.

The question being on the adoption of the resolution, the same was put and prevailed.

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

At the request of Senator Chafin, unanimous consent being granted, House Concurrent Resolution No. 61 contained in the preceding report from the Committee on Rules was taken up for immediate consideration.

The question being on the adoption of the resolution, the same was put and prevailed.

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

At the request of Senator Chafin, unanimous consent being granted, House Concurrent Resolution No. 70 contained in the preceding report from the Committee on Rules was taken up for immediate consideration.

The question being on the adoption of the resolution, the same was put and prevailed.

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

Senator Tomblin (Mr. President), from the Committee on Rules, submitted the following report, which was received:

Your Committee on Rules has had under consideration

Senate Concurrent Resolution No. 87, Requesting Joint Committee on Government and Finance study annexation laws.

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

Respectfully submitted,

Earl Ray Tomblin,

Chairman ex officio.

At the request of Senator Chafin, unanimous consent being granted, the resolution (S. C. R. No. 87) contained in the preceding report from the Committee on Rules was taken up for immediate consideration.

The question being on the adoption of the resolution, the same was put and prevailed.

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

Senator Tomblin (Mr. President), from the Committee on Rules, submitted the following report, which was received:

Your Committee on Rules has had under consideration

House Concurrent Resolution No. 84, Requesting the Joint Committee on Government and Finance to study the process of granting and denying well work permits for the drilling of gas wells near active coal mines.

And has amended same.

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

Respectfully submitted,

Earl Ray Tomblin,

Chairman ex officio.

At the request of Senator Chafin, unanimous consent being granted, the resolution (H. C. R. No. 84) contained in the preceding report from the Committee on Rules was taken up for immediate consideration.

The following amendments to the resolution, from the Committee on Rules, were reported by the Clerk, considered simultaneously, and adopted:

On page one, by striking out the fourth Whereas clause and inserting in lieu thereof the following:

"Whereas, A review and study of the granting of permits to mine coal or drill for oil or natural gas will ensure that every interested party's rights throughout the permitting process are being considered and protected; therefore, be it";

And,

On page one, by striking out the title and substituting therefor a new title, to read as follows:

House Concurrent Resolution No. 84--Requesting the Joint Committee on Government and Finance study the process of granting and denying permits for the mining of coal and drilling of oil and natural gas wells.

The question being on the adoption of the resolution (H. C. R. No. 84), as amended, the same was put and prevailed.

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

The Senate again proceeded to the sixth order of business.

Senator Prezioso offered the following resolution:

Senate Concurrent Resolution No. 92--Requesting the Joint Committee on Government and Finance direct the Legislative Oversight Commission on Health and Human Resources Accountability study the prevalence of musculoskeletal injuries in the nursing profession.

Whereas, West Virginia and the United States are currently experiencing a nursing shortage which is causing a crisis in health care service delivery; and

Whereas, One of the contributing factors to the shortage of nursing care is the physical demands on nursing professionals resulting from patient handling and lifting; and

Whereas, Injuries to those individuals involved in the nursing industry as a result of these physical demands are most often of a musculoskeletal nature; and

Whereas, Occurrences of these injuries are costly to employers due to lost time of the workforce, compensation of injured employees and medical payments resulting from these injuries; and

Whereas, A reduction in the incidence of these types of injuries would be financially advantageous to employers and serve to encourage greater involvement in the nursing profession; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to direct the Legislative Oversight Commission on Health and Human Resources Accountability study the prevalence of musculoskeletal injuries in the nursing profession; and, be it

Further Resolved, That the Legislative Oversight Commission on Health and Human Resources Accountability consult with the West Virginia Nurses Association and the West Virginia Center for Nursing by utilizing their resources to gather statistical data and present expert advice on the means and manner to address this problem; and, be it

Further Resolved, That the Legislative Oversight Commission on Health and Human Resources Accountability report to the regular session of the Legislature, 2007, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

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

At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration and referred to the Committee on Rules.

Senators Unger and Helmick offered the following resolution:

Senate Concurrent Resolution No. 93--Requesting the Division of Highways name the section of Route 9 from Edwin Miller Boulevard in Berkeley County to Berkeley Springs, Morgan County, the "Senator Clarence E. Martin, Jr., Memorial Highway".

Whereas, Clarence E. Martin, Jr., was born September 10, 1909, in Martinsburg, the son of Clarence E. Martin and Agnes G. (McKenna) Martin; and

Whereas, Clarence E. Martin, Jr., received his education at Catholic University of America, where he earned an A.B. degree and an LL.B. degree; and

Whereas Clarence E. Martin, Jr., served his nation with pride and distinction in the United States Navy during World War II; and

Whereas, Clarence E. Martin, Jr., practiced law in Martinsburg and was a member of numerous associations and organizations associated with the practice of law. He distinguished himself by serving as President of the West Virginia Bar Association and as a founding member and President of the West Virginia State Bar; and

Whereas, Clarence E. Martin, Jr., served as prosecuting attorney of Berkeley County from 1941 to 1949; and

Whereas, Clarence E. Martin, Jr., was elected to the West Virginia Senate from the sixteenth district in 1950 and served until 1970; and

Whereas, During his tenure in the West Virginia Senate, the Honorable Clarence E. Martin, Jr., served as Majority Leader and Chairman of the Senate Committee on the Judiciary during the 53rd and 54th Legislatures and as Majority Leader during the 59th Legislature; and

Whereas, After leaving the West Virginia Senate, the Honorable Clarence E. Martin, Jr., continued to practice law in Martinsburg until his passing on March 11, 1990; and

Whereas, It is fitting that a lasting tribute be made to the memory of such distinguished and dedicated public servant; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the Division of Highways to name the section of Route 9 from Edwin Miller Boulevard in Berkeley County to Berkeley Springs, Morgan County, the "Senator Clarence E. Martin, Jr., Memorial Highway"; and, be it

Further Resolved, That the Division of Highways have made and be placed signs identifying the section of Route 9 as the "Senator Clarence E. Martin, Jr., Memorial Highway"; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation.

At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration and referred to the Committee on Transportation and Infrastructure.

Senators Bailey and Hunter offered the following resolution:

Senate Resolution No. 48--Requesting the banking industry in West Virginia to extend financial consideration to military personnel called to active duty.

Whereas, Thousands of West Virginia residents have been called to active military service since September 11, 2001; and

Whereas, The transition from civilian employment to military service often causes severe financial hardship; and

Whereas, The provisions of the Servicemembers Civil Relief Act, 50 United States Code Appendix, Section 501, et seq., are sometimes inadequate to protect the financial interests of persons called to active duty; and

Whereas, Persons called to defend the nation should not suffer financial hardship because of their military service; and

Whereas, Banking institutions in West Virginia should consider exceeding the obligations of the Servicemembers Civil Relief Act to ensure that persons called to active duty do not suffer financial hardship as a result of their military service; therefore, be it

Resolved by the Senate:

That the Senate hereby requests the banking industry in West Virginia to extend financial consideration to military personnel called to active duty; and, be it

Further Resolved, That the Clerk is hereby directed to forward a copy of resolution to the Commissioner of the Division of Banking.

At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration and referred to the Committee on Banking and Insurance.

At the request of Senator Chafin, and by unanimous consent, the Senate returned to the fourth order of business.

Senator Unger, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:

Your Committee on Transportation and Infrastructure has had under consideration

Senate Concurrent Resolution No. 94 (originating in the Committee on Transportation and Infrastructure)--Requesting the Joint Committee on Government and Finance study development of technology infrastructure and access throughout the State of West Virginia.

Whereas, The internet revolution is driving today's economy and information technology offers increased economic opportunities, higher living standards, more individual choices and wider and more meaningful participation in government and public life; and

Whereas, Educational and socioeconomic factors must be addressed in order to increase community awareness of high-speed broadband, wireless infrastructure, digital applications and electronic government services; and

Whereas, Computers and high-speed broadband internet access, together with mobile technology, are becoming increasingly important for full participation in America's economic, political and social life, as well as essential for matters of homeland security and emergency response; and

Whereas, Development of broadband infrastructure, mobile technologies and related security standards are vital to health care delivery, governmental services, public safety, educational opportunities and community enhancement; and

Whereas, West Virginia has seen substantial progress over the past several years in the expansion and availability of high-speed internet options, such as cable and DSL; however, emerging business, government and consumer applications require continued development of technology infrastructure that is ubiquitous, reliable, secure and affordable; and

Whereas, It is in the interest of this state to promote innovative collaborations of public, nonprofit and private endeavors aimed at enhancing the availability of technology infrastructure; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study development of technology infrastructure and access throughout the State of West Virginia; and, be it

Further Resolved, That the Joint Committee on Government and Finance is hereby requested to study the ubiquitous deployment of secure, reliable and affordable high-speed broadband and mobile technologies; and, be it

Further Resolved, That the study identify the socioeconomic and educational barriers that hinder the development of technology infrastructure and digital applications for businesses and citizens of West Virginia; and, be it

Further Resolved, That the study identify collaborative initiatives for the development of technology infrastructure and mobile and wireless technologies; and, be it

Further Resolved, That the study include an inventory and review of existing technology infrastructure and electronic government services utilized by the State of West Virginia and its political subdivisions, including security, interoperability and related standards employed by those entities for matters of homeland security and emergency response; and, be it

Further Resolved, That the study identify areas of the state which are underserved by technology infrastructure and identify initiatives to provide infrastructure to those areas; and, be it

Further Resolved, That the study review long-range broadband technology deployment and investment programs; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2007, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

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

Respectfully submitted,

John R. Unger II,

Chair.

At the request of Senator Unger, unanimous consent being granted, the resolution (S. C. R. No. 94) contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.

On motion of Senator Unger, the resolution was referred to the Committee on Rules.

Senator Chafin announced that in the meeting of the Committee on Rules previously held, the committee, in accordance with rule number seventeen of the Rules of the Senate, had removed from unfinished business, House Concurrent Resolution No. 20; and from the Senate third reading calendar, Engrossed Committee Substitute for House Bill No. 4100, Engrossed Committee Substitute for House Bill No. 4456 and Engrossed Committee Substitute for House Bill No. 4690.

At the request of Senator Oliverio, and by unanimous consent, the Senate returned to the second order of business and the introduction of guests.

Pending announcement of meetings of standing committees of the Senate,

On motion of Senator Chafin, the Senate recessed until 3 p.m. today.

Upon expiration of the recess, the Senate reconvened and again proceeded to the sixth order of business.

At the request of Senator Chafin, unanimous consent being granted, Senators Tomblin (Mr. President), Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White and Yoder offered the following resolution from the floor:

Senate Resolution No. 49--Recognizing the service of the Honorable Tracy Dempsey, member of the West Virginia Senate, dedicated public servant and distinguished West Virginian.

Whereas, Tracy Dempsey was born October 9, 1950, in Lincoln County, the son of George Dempsey and Melva Lambert Dempsey; and

Whereas, Tracy Dempsey is married to his beloved wife Violet. He is the proud father of three children, Andy Paul, Misty and Tracy Justin; and

Whereas, Tracy Dempsey received his education from Southern West Virginia Community College and Marshall University; and

Whereas, Tracy Dempsey was elected to the West Virginia House of Delegates in 1990 and served until 2002; and

Whereas, In 2002, the Honorable Tracy Dempsey was elected to the West Virginia Senate from the seventh senatorial district; and

Whereas, During his tenure in the Senate, the Honorable Tracy Dempsey served as Vice Chair of the Senate committees on Energy, Industry and Mining and Military. He also served as Vice Chair of the Joint Commission on Interstate Cooperation; and

Whereas, The Honorable Tracy Dempsey has decided not to seek reelection to the West Virginia Senate in 2006, bringing to an end a long and dedicated career of public service; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the service of the Honorable Tracy Dempsey, member of the West Virginia Senate, dedicated public servant and distinguished West Virginian; and, be it

Further Resolved, That the Senate hereby expresses its sincere appreciation to the Honorable Tracy Dempsey for his dedication and commitment to the citizens of the seventh senatorial district and the State of West Virginia; and, be it

Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Honorable Tracy Dempsey.

At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration and reference to a committee dispensed with.

The question being on the adoption of the resolution (S. R. No. 49), and on this question, Senator Chafin demanded the yeas and nays.

The roll being taken, 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 those present and voting having voted in the affirmative, the President declared the resolution (S. R. No. 49) adopted.

On motion of Senator Chafin, the Senate recessed for one minute.

Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.

At the request of Senator Chafin, unanimous consent being granted, Senators Tomblin (Mr. President), Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White and Yoder offered the following resolution from the floor:

Senate Resolution No. 50-- Recognizing the service of the Honorable Steve Harrison, member of the West Virginia Senate, dedicated public servant and distinguished West Virginian.

Whereas, Steve Harrison was born October 25, 1966, in Kanawha County, the son of John and Gail Harrison; and

Whereas, Steve Harrison is married to his beloved wife Kristen Elizabeth Berry; and

Whereas, Steve Harrison received his education from Brown University; and

Whereas, Steve Harrison was elected to the West Virginia House of Delegates in 1992 and served until 2002; and

Whereas, In 2002, the Honorable Steve Harrison was elected to the West Virginia Senate from the eighth senatorial district; and

Whereas, During his tenure in the Legislature, the Honorable Steve Harrison served as Chairman of the Legislative Prayer Breakfast Committee from 1997 to 2004; and

Whereas, During his tenure in the Senate, the Honorable Steve Harrison served as a member of the Senate committees on Confirmations, Education, Government Organization, Interstate Cooperation, the Judiciary and Labor; and

Whereas, The Honorable Steve Harrison has decided not to seek reelection to the West Virginia Senate in 2006, bringing to an end a long and dedicated career of public service; therefore, be it
Resolved by the Senate:

That the Senate hereby recognizes the service of the Honorable Steve Harrison, member of the West Virginia Senate, dedicated public servant and distinguished West Virginian; and, be it

Further Resolved, That the Senate expresses its sincere appreciation to the Honorable Steve Harrison for his dedication and commitment to the citizens of the eight senatorial district and the State of West Virginia; and, be it

Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Honorable Steve Harrison.

At the request of Senator Sprouse, unanimous consent being granted, the resolution was taken up for immediate consideration and reference to a committee dispensed with.

The question being on the adoption of the resolution (S. R. No. 50), and on this question, Senator Sprouse demanded the yeas and nays.

The nays were: None.

Absent: None.

So, a majority of those present and voting having voted in the affirmative, the President declared the resolution (S. R. No. 50) adopted.

On motion of Senator Chafin, the Senate recessed for one minute.

Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.

At the request of Senator Chafin, unanimous consent being granted, Senators Tomblin (Mr. President), 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 and Yoder offered the following resolution from the floor:

Senate Resolution No. 51-- Recognizing the service of the Honorable Charles C. Lanham, member of the West Virginia Senate, dedicated public servant and distinguished West Virginian.

Whereas, Charles C. Lanham was born September 12, 1928, in Kanawha County, the son of the late Edgar S. and Westa Jones Lanham; and

Whereas, Charles C. Lanham is married to his beloved wife Lily Faye Staats and is the proud father four children, Teresa, Joyce, Eddie and Bert; and

Whereas, Charles C. Lanham received his education from Marshall University; School of Consumer Banking, University of Virginia; Graduate School of Banking, University of Wisconsin; and the Graduate Management School, Harvard University; and

Whereas, In 2004, Charles C. Lanham was appointed to the West Virginia Senate from the fourth senatorial district; and

Whereas, During his tenure in the Senate, the Honorable Charles C. Lanham served on the Senate committees on Banking and Insurance, Economic Development, Government Organization, the Judiciary, Labor and Pensions; and

Whereas, The Honorable Charles C. Lanham has decided not to seek election to the West Virginia Senate in 2006, bringing to an end his dedicated career of public service; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the service of the Honorable Charles C. Lanham, member of the West Virginia Senate, dedicated public servant and distinguished West Virginian; and, be it
Further Resolved, That the Senate hereby expresses its sincere appreciation to the Honorable Charles C. Lanham for his dedication and commitment to the citizens of the fourth senatorial district and the State of West Virginia; and, be it

Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Honorable Charles C. Lanham.

At the request of Senator Sprouse, unanimous consent being granted, the resolution was taken up for immediate consideration and reference to a committee dispensed with.

The question being on the adoption of the resolution (S. R. No. 51), and on this question, Senator Sprouse demanded the yeas and nays.

The nays were: None.

Absent: None.

So, a majority of those present and voting having voted in the affirmative, the President declared the resolution (S. R. No. 51) adopted.

On motion of Senator Chafin, the Senate recessed for one minute.

Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.

At the request of Senator Chafin, unanimous consent being granted, Senators Tomblin (Mr. President), 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, Sprouse, Unger, Weeks, White and Yoder offered the following resolution from the floor:

Senate Resolution No. 52-- Recognizing the service of the Honorable Sarah M. Minear, member of the West Virginia Senate, dedicated public servant and distinguished West Virginian.

Whereas, Sarah M. Minear was born the daughter of the late John J. and Ruth A. Malines; and

Whereas, Sarah M. Minear was married to her beloved husband, the late Robert W. Minear, Sr.; and

Whereas, Sarah M. Minear received her education from Fairmont State College, West Virginia University and West Virginia Business College; and

Whereas, Sarah M. Minear was elected to the West Virginia Senate from the fourteenth senatorial district in 1994. She was reelected in 1998 and 2002; and

Whereas, During her tenure in the Senate, the Honorable Sarah M. Minear served on the Senate committees on Banking and Insurance, Economic Development, Finance, Government Organization, Natural Resources and Rules; and

Whereas, The Honorable Sarah M. Minear has decided not to seek reelection to the West Virginia Senate in 2006, bringing to an end a long and dedicated career of public service; therefore, be it
Resolved by the Senate:

That the Senate hereby recognizes the service of the Honorable Sarah M. Minear, member of the West Virginia Senate, dedicated public servant and distinguished West Virginian; and, be it

Further Resolved, That the Senate hereby expresses its sincere appreciation to the Honorable Sarah M. Minear for her dedication and commitment to the citizens of the fourteenth senatorial district and the State of West Virginia; and, be it

Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Honorable Sarah M. Minear.

At the request of Senator Sprouse, unanimous consent being granted, the resolution was taken up for immediate consideration and reference to a committee dispensed with.

The question being on the adoption of the resolution (S. R. No. 52), and on this question, Senator Sprouse demanded the yeas and nays.

The nays were: None.

Absent: None.

So, a majority of those present and voting having voted in the affirmative, the President declared the resolution (S. R. No. 52) adopted.

On motion of Senator Chafin, the Senate recessed for one minute.

Upon expiration of the recess, the Senate reconvened and, without objection, returned to the third order of business.

A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to

Eng. Com. Sub. for Senate Bill No. 127, Relating to regional education service agencies.

On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.

The following House of Delegates amendment to the bill was reported by the Clerk:

On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:

That §18-2-15a of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §18-9A-8a of said code be amended and reenacted, all to read as follows:

ARTICLE 2. STATE BOARD OF EDUCATION.

§18-2-15a. Comprehensive study of regional education service agencies.

(a) The state superintendent shall conduct a comprehensive study of the programs, governance and administration of the regional education service agencies established pursuant to section twenty-six of this article.

(b) The study shall include, but is not limited to, the following:

(1) The general structure and specific processes for governance and oversight of the regional education service agencies to ensure efficiency of operations and accountability in the areas of:

(A) Financial integrity, oversight and accountability;

(B) Fiscal oversight of budgeting, salaries, benefits and employment;

(C) Service delivery in priority areas, including, but not limited to: (i) The types, cost, convenience and results of in-service training programs and other efforts to assist low-performing schools and school systems; and (ii) the costs and turnaround time of computer repair services; and

(D) The costs and benefits of other services provided to the respective members counties;

(2) Areas of needed improvements, including any existing limitations or hindrances to improvement;

(3) The powers and duties of state board and state superintendent relating to regional education service agencies;

(4) The qualifications and procedures for selection of agency executive directors;

(5) The selection and supervision of agency staff;

(6) Development of agency budget;

(7) Oversight of agency purchasing and auditing procedures;

(8) Development of programs and delivery of services; and

(9) Procedures to ensure fiscal and programmatic accountability.

(c) The state superintendent shall report findings generated by the study, together with recommendations and any legislation necessary to effectuate the recommendations, to the Legislative Oversight Commission on Education Accountability by the first day of December, two thousand six.
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.

§18-9A-8a. Foundation allowance for regional education service agencies.

For the fiscal year beginning on the first day of July, ~~one thousand nine hundred ninety-one~~ two thousand seven, and for each fiscal year thereafter, the foundation allowance for regional education service agencies shall be equal to sixty-three one-hundredths percent of the allocation for professional educators as determined in section four of this article, ~~Provided~~, That for the fiscal year beginning on the first day of July, one thousand nine hundred ninety-four only, the foundation allowance for regional educational service agencies shall be at least equal to fifty-five one-hundredths percent of the allocation for professional educators as determined in section four of this article but not more than four million two hundred thousand dollars. The allowance shall be distributed to the regional education service agencies in accordance with rules adopted by the state board. The allowance for regional education service agencies shall be excluded from the computation of total basic state aid as provided ~~for~~ in section twelve of this article.

On motion of Senator Plymale, the following amendment to the House of Delegates amendment to the bill (Eng. Com. Sub. for S. B. No. 127) was reported by the Clerk and adopted:

O n page three, section eight-a, by striking out the words "two thousand seven" and inserting in lieu thereof the words "two thousand six".

On motion of Senator Chafin, the Senate concurred in the House of Delegates amendment, as amended.

Engrossed Committee Substitute for Senate Bill No. 127, as amended, was then 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, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.

The nays were: Prezioso--1.

Absent: None.

So, a majority 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. 127) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 3, Requesting Division of Highways name bridge at Corrine, Wyoming County, "Paul and Roger Harsanyi Memorial Bridge".

On unfinished business, coming up in regular order, was reported by the Clerk.

The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:

On page one, after the Resolved clause, by striking out the word "Corrine" and inserting in lieu thereof the word "Stephenson";

And,

On page one, by striking out the title and substituting therefor a new title, to read as follows:

Senate Concurrent Resolution No. 3--Requesting the Division of Highways name the bridge on Route 16 at Stephenson, Wyoming County, the "Paul and Roger Harsanyi Memorial Bridge".

The question being on the adoption of the resolution (S. C. R. No. 3), as amended, the same was put and prevailed.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Com. Sub. for Senate Concurrent Resolution No. 7, Requesting state and federal government recognize counties of Berkeley and Jefferson as part of historic Shenandoah Valley.

On unfinished business, coming up in regular order, was reported by the Clerk.

The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 86, Requesting Building Commission name hospital building at John Manchin Sr. Health Care Center "Nick Fantasia Building".

On unfinished business, coming up in regular order, was reported by the Clerk.

At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration and reference to a committee dispensed with .

The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
House Concurrent Resolution No. 2, Naming the bridge on Cleveland Avenue in Buckhannon, West Virginia, the "William S. O' Brien Memorial Bridge".

On unfinished business, coming up in regular order, was reported by the Clerk.

The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
House Concurrent Resolution No. 3, Naming the bridge located 0.01 miles south of County Route 26 and located on Route 85 in the community of Van, West Virginia, the "Thom Cline Memorial Bridge".

On unfinished business, coming up in regular order, was reported by the Clerk.

The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
House Concurrent Resolution No. 4, Requesting the Division of Highways to name the bridge in Curtin, West Virginia, the "Larry 'Joe' Markle Bridge".

On unfinished business, coming up in regular order, was reported by the Clerk.

The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
House Concurrent Resolution No. 5, Naming the new Watson Bridge over the West Fork River on U. S. Route 250 in Fairmont, Marion County, West Virginia, the "Watson Senior Citizens Bridge in Honor of Jim Costello".

On unfinished business, coming up in regular order, was reported by the Clerk.

The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
House Concurrent Resolution No. 6, Naming the section of West Virginia Route 16 from the intersection of West Virginia Route 16 and West Virginia Route 5, North to the Ritchie County line the "Sheriff Park D. Richards Memorial Highway".

On unfinished business, coming up in regular order, was reported by the Clerk.

The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
House Concurrent Resolution No. 7, Requesting the Division of Highways to name the bridge at McCauley in Hardy County, West Virginia, the "John and Freda Rudy Memorial Bridge".

On unfinished business, coming up in regular order, was reported by the Clerk.

The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
House Concurrent Resolution No. 8, Requesting the West Virginia Division of Highways to name the bridge located at U. S. Route 2 and Nine Mile Road in Cabell County, West Virginia, the "David Rickey Carson Memorial Bridge".

On unfinished business, coming up in regular order, was reported by the Clerk.

The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
House Concurrent Resolution No. 9, Honoring the late Leonard R. Valentine by declaring the bridge numbered 54, 1.60 on State Route 54 in Mullens, West Virginia the "Leonard Valentine 'Coach Val' Memorial Bridge".

On unfinished business, coming up in regular order, was reported by the Clerk.

The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
House Concurrent Resolution No. 10, Requesting the West Virginia Division of Highways to name the bridge on I-64 at the intersection of Rt. 219 in Lewisburg, Greenbrier County, West Virginia the "Gary Wayne Martini Memorial Bridge".

On unfinished business, coming up in regular order, was reported by the Clerk.

The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
House Concurrent Resolution No. 11, Requesting the Division of Highways name the bridge located on Jakes Run Road off Frame Road in Elkview, West Virginia, the "Private James C. Summers Memorial Bridge".

On unfinished business, coming up in regular order, was reported by the Clerk.

The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
House Concurrent Resolution No. 12, Requesting the Division of Highways name Bridge 4827 the " Sergeant George F. Eubanks Memorial Bridge".

On unfinished business, coming up in regular order, was reported by the Clerk.

The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
House Concurrent Resolution No. 14, Requesting the West Virginia Division of Highways to name State Route 25 from Glen Jean to Thurmond in Fayette County the "Jon Dragan Road".

On unfinished business, coming up in regular order, was reported by the Clerk.

The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:

On page two, in the tenth Whereas clause, by striking out the words "the access road State Route 25 from Glen Jean to Thurmond" and inserting in lieu thereof the words "Hawks Nest Road off Route 60 in Ansted leading to the riverfront parking center below Hawks Nest State Park";

On page three, after the Resolved clause, by striking out the words "State Route 25 from Glen Jean to Thurmond" and inserting in lieu thereof the words "Hawks Nest Road off Route 60 in Ansted leading to the riverfront parking center below Hawks Nest State Park";

And,

On page one, by striking out the title and substituting therefor a new title, to read as follows:

House Concurrent Resolution No. 14--Requesting the West Virginia Division of Highways to name Hawks Nest Road off Route 60 in Ansted leading to the riverfront parking center below Hawks Nest State Park in Fayette County the "Jon Dragan Road".

The question being on the adoption of the resolution (H. C. R. No. 14), as amended, the same was put and prevailed.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
House Concurrent Resolution No. 15, Requesting the Division of Highways to name the bridge spanning the Gauley River on Route 39 near Summersville, Nicholas County, the "Brock's Bridge".

On unfinished business, coming up in regular order, was reported by the Clerk.

The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
House Concurrent Resolution No. 16, Honoring the late Roy M. Lilly by declaring the one lane bridge on Route 12/7 entering Corinne Bottom, West Virginia at mile post 0.03 the "Roy M. Lilly Memorial Bridge".

On unfinished business, coming up in regular order, was reported by the Clerk.

The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
House Concurrent Resolution No. 20, Naming the bridge which traverses Buffalo Creek on State Route 2 at the southern entrance to Wellsburg in Brooke County, the "John G. Chernenko Bridge".

Having been removed from unfinished business in earlier proceedings today, no further action thereon was taken.
House Concurrent Resolution No. 26, Naming the new bridge spanning the Elk River in Clendenin, West Virginia, the "Hardman Brothers Bridge".

On unfinished business, coming up in regular order, was reported by the Clerk.

The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
House Concurrent Resolution No. 30, Naming the bridge located on Point Lick Drive in Campbells Creek the "Jimmie D. Bays Bridge".

On unfinished business, coming up in regular order, was reported by the Clerk.

The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
House Concurrent Resolution No. 31, Requesting the Division of Highways to name a portion of Sago Road in Upshur County the "Coal Miner's Memorial Roadway".

On unfinished business, coming up in regular order, was reported by the Clerk.

The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
House Concurrent Resolution No. 35, Naming the Melissa #1 bridge in Melissa, Cabell County, the "Curtis E. Pelfrey Memorial Bridge".

On unfinished business, coming up in regular order, was reported by the Clerk.

The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
House Concurrent Resolution No. 43, Requesting the Division of Highways to name the bridge on State Route 20 that spans the Little Kanawha River the "Jerry Lee Groves and Thomas Paul Anderson Memorial Bridge".

On unfinished business, coming up in regular order, was reported by the Clerk.

The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
House Concurrent Resolution No. 45, Requesting the Division of Highways to name the new bridge located near Mannington the "William Calvin Sandy Bridge".

On unfinished business, coming up in regular order, was reported by the Clerk.

The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
House Concurrent Resolution No. 46, Requesting the Division of Highways to name the bridge spanning the Guyandotte River located on County Route 12/4 the "Robert T. Carper Vietnam Veteran Bridge".

On unfinished business, coming up in regular order, was reported by the Clerk.

The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
House Concurrent Resolution No. 49, Requesting the Division of Highways to name the bridge at the junction of Route 65 and Route 49 in Matewan, the "Earl Stafford Memorial Bridge".

On unfinished business, coming up in regular order, was reported by the Clerk.

The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
House Concurrent Resolution No. 59, Requesting the Division of Highways to name the bridge located on Route 10 in Harts, West Virginia, the "Harts Veterans' Memorial Bridge".

On unfinished business, coming up in regular order, was reported by the Clerk.

The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
House Concurrent Resolution No. 60, Requesting the United States Congress to include a portion of Highway 10 as a corridor to the Appalachian Highway Development System.

On unfinished business, coming up in regular order, was reported by the Clerk.

The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
House Concurrent Resolution No. 63, Requesting the Division of Highways to name the bridge located on County Road 8 near Petersburg, Grant County, the "Devin Lee Alt Memorial Bridge".

On unfinished business, coming up in regular order, was reported by the Clerk.

The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.

The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for House Bill No. 3213, Creating the offenses of malicious assault, unlawful assault, battery and recidivism of battery, assault on a driver, conductor, captain or other person in charge of any vehicle used for public conveyance.

On third reading, coming up in regular order, was read a third time and put upon its passage.

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 H. B. No. 3213) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. Com. Sub. for House Bill No. 4023, Raising the minimum wage in accordance with legislation now pending before Congress.

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, 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, White and Tomblin (Mr. President)--31.

The nays were: Barnes, Weeks and Yoder--3.

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 H. B. No. 4023) passed.

On motions of Senators Helmick and Hunter, the following amendment to the title of the bill was reported by the Clerk and adopted:

O n page one, by striking out the title and substituting therefor a new title, to read as follows:

Eng. Com. Sub. for House Bill No. 4023--A Bill to amend and reenact §21-5C-2 of the Code of West Virginia, 1931, as amended, relating to increasing the state minimum and training wage; linking the state minimum and training wage to the federal minimum and training wage; making all departments and agencies of the State of West Virginia subject to the minimum wage established in this section regardless of federal law; and providing the minimum wage will not fall below the federal minimum wage.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 4032, Relating to authorizing the Consolidated Public Retirement Board to recover the payment and a fee, as provided by legislative rule, from a participating employer who fails to timely pay amounts due.

On third reading, coming up in regular order, was read a third time and put upon its passage.

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 H. B. No. 4032) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. Com. Sub. for House Bill No. 4100, Providing a salary increase for elected county officials.

Having been removed from the Senate third reading calendar in earlier proceedings today, no further action thereon was taken.
Eng. Com. Sub. for House Bill No. 4107, Clearly defining the offense of abuse or neglect of incapacitated adults or elder persons which result in the death of such persons, to include the offense of murder.

On third reading, coming up in regular order, was read a third time and put upon its passage.

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 H. B. No. 4107) 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. Com. Sub. for House Bill No. 4107--A Bill to amend and reenact º61-2-29 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto three new sections, designated º61-2-29a, º61-2-29b and º61-2-29c, all relating to protecting incapacitated persons and the elderly; creating criminal offenses; defining terms; providing enhanced periods of incarceration for the offense of abuse or neglect of incapacitated adults or elder persons which result in the death of such persons; exceptions; and penalties.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 4272, Clarifying the language regarding requirements for a Class BG stamp.

On third reading, coming up in regular order, was read a third time and put upon its passage.

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 H. B. No. 4272) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 4295, Establishing a bird dog training permit.

On third reading, coming up in regular order, was read a third time and put upon its passage.

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. H. B. No. 4295) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 4308, Limiting the definition of conviction for purposes of administrative license revocation proceedings.

On third reading, coming up in regular order, was read a third time and put upon its passage.

Pending extended discussion,

The question being "Shall Engrossed House Bill No. 4308 pass?"

On the passage of the bill, the yeas were: Bailey, Bowman, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Helmick, Hunter, Kessler, Lanham, Love, McCabe, Minard, Minear, Plymale, Prezioso, Sharpe and Tomblin (Mr. President)--21.

The nays were: Barnes, Boley, Caruth, Guills, Harrison, Jenkins, McKenzie, Oliverio, Sprouse, Unger, Weeks, White and Yoder--13.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4308) passed.

The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:

O n page one, by striking out the title and substituting therefor a new title, to read as follows:

Eng. House Bill No. 4308--A Bill to amend and reenact §17C-5A- 1a and §17C-5A-3 of the Code of West Virginia, 1931, as amended, all relating to limiting the definition of conviction for purposes of administrative license revocation proceedings; license revocation for driving under the influence generally; and pilot testing of alternative to current safety and treatment programs.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 4312, Increasing the compensation of child support enforcement attorneys.

On third reading, coming up in regular order, was read a third time and put upon its passage.

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. H. B. No. 4312) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 4353, Requiring law enforcement officers have a valid complaint, signed by a magistrate or municipal judge, with a showing of probable cause before reporting said offense to the commissioner of the department of motor vehicles.

On third reading, coming up in regular order, was reported by the Clerk.

On motion of Senator Kessler, the Senate reconsidered the vote by which on yesterday, Friday, March 10, 2006, it adopted the Judiciary committee amendment to the bill (shown in the Senate Journal of that day, pages 177 to 180, inclusive).

The vote thereon having been reconsidered,

The question being on the adoption of the Judiciary committee amendment to the bill.

At the request of Senator Kessler, as the chair of the Committee on the Judiciary, and by unanimous consent, the aforementioned Judiciary committee amendment to the bill was withdrawn.

On motions of Senators Minear and Kessler, the following amendment to the bill was reported by the Clerk and adopted:

On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:

That §17C-5-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §17C-5A-1 of said code be amended and reenacted, all to read as follows
ARTICLE 5. SERIOUS TRAFFIC OFFENSES.

§17C-5-2. Driving under influence of alcohol, controlled substances or drugs; penalties.

(a) Any person who:

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

(A) Is under the influence of alcohol; or

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

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

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

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

(b) Any person who:

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

(A) Is under the influence of alcohol; or

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

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

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

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

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

(A) Is under the influence of alcohol; or

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

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

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

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

(d) Any person who:

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

(A) Is under the influence of alcohol; or

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

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

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

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

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

(f) Any person who:

(1) Knowingly permits his or her vehicle to be driven in this state by any other person who:

(A) Is under the influence of alcohol; or

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

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

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

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

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

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

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

(i) Any person who:

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

(A) Is under the influence of alcohol; or

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

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

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

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

(j) A person violating any provision of subsection (b), (c), (d), (e), (f), (g) or (i) of this section, for the second offense under this section, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in ~~the county or regional~~ jail for not less than six months nor more than one year, and the court may, in its discretion, impose a fine of not less than one thousand dollars nor more than three thousand dollars: Provided, That if a person violates subsection (i) of this section for the second offense under this section, and such person has previously been convicted of violation of subsection (i) of this section, then such person shall be guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one nor more than three years, and the court may, in its discretion, impose a fine of not less than three thousand dollars nor more than five thousand dollars.

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

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

(1) Any conviction under the provisions of subsection (a), (b), (c), (d), (e) or (f) of this section or under a prior enactment of this section for an offense which occurred within the ten-year period immediately preceding the date of arrest in the current proceeding;

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

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

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

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

(p) The sentences provided herein upon conviction for a violation of this article are mandatory and may not be subject to suspension or probation: Provided, That the court may apply the provisions of article eleven-a, chapter sixty-two of this code to a person sentenced or committed to a term of one year or less for a first offense under this section. An order for home detention by the court pursuant to the provisions of article eleven-b of said chapter may be used as an alternative sentence to any period of incarceration required by this section for a first or subsequent offense: Provided, however, That for any period of home incarceration ordered for a person convicted of second offense under this section, electronic monitoring shall be required for no fewer than five days of the total period of home confinement ordered and the offender may not leave home for those five days notwithstanding the provisions of section five, article eleven-b, chapter sixty-two of this code: Provided further, That for any period of home incarceration ordered for a person convicted of a third or subsequent violation of this section, electronic monitoring shall be included for no fewer than ten days of the total period of home confinement ordered and the offender may not leave home for those ten days notwithstanding section five, article eleven-b, chapter sixty-two of this code.

ARTICLE 5A. ADMINISTRATIVE PROCEDURES FOR SUSPENSION AND REVOCATION OF LICENSES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL, CONTROLLED SUBSTANCES OR DRUGS.

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

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

(b) Any law-enforcement officer arresting a person for an offense described in section two, article five of this chapter or for an offense described in a municipal ordinance which has the same elements as an offense described in said section shall report to the Commissioner of the Division of Motor Vehicles by written statement ~~within forty-eight hours the name and address of the person so arrested~~: Provided, That the officer shall have a valid criminal complaint, signed by a magistrate or municipal judge, with a determination of probable cause, before reporting said offense to the Commissioner of the Division of Motor Vehicles. The arresting officer shall, within forty-eight hours of the issuance of the criminal complaint provide a statement to the commissioner reflecting the name and address of the subject of the criminal complaint. The report shall include the specific offense with which the person is charged and, if applicable, a copy of the results of any secondary tests of blood, breath or urine. The signing of the statement required to be signed by this subsection shall constitute an oath or affirmation by the person signing the statement that the statements contained therein are true and that any copy filed is a true copy. The statement shall contain upon its face a warning to the officer signing that to willfully sign a statement containing false information concerning any matter or thing, material or not material, is false swearing and is a misdemeanor.

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

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

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

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

Having been engrossed, the bill (Eng. H. B. No. 4353), as just amended, was then read a third time and put upon its passage.

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. H. B. No. 4353) passed.

At the request of Senator Kessler, as chair of the Committee on the Judiciary, and by unanimous consent, the unreported Judiciary committee amendment to the title of the bill was withdrawn.

On motions of Senators Minear and Kessler, 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. House Bill No. 4353--A Bill to amend and reenact §17C-5-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17C-5A-1 of said code, all relating to criminal and administrative penalties for driving under the influence of alcohol, controlled substance or drugs; providing for enhanced criminal penalties for second and subsequent offense of driving under the influence of alcohol, controlled substance or drugs with a minor under the age of sixteen in the vehicle; initiation of administrative procedures; requiring law-enforcement officers have a valid complaint, signed by a magistrate or municipal judge, with a showing of probable cause before reporting said offense to the Commissioner of the Division of Motor Vehicles; and authorizing notice to Division of Motor Vehicles within forty-eight hours to be sent of complaint issuing .

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

Without objection, the Senate returned to the third order of business.

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

Eng. Com. Sub. for House Bill No. 4488, Creating a commission to complete a comprehensive study of the state's behavioral health system.

The message further announced the appointment of the following conferees on the part of the House of Delegates:

Delegates Hatfield, Marshall and Ashley.

The Senate proceeded to the fifth order of business.
Filed Conference Committee Reports

The Clerk announced the following conference committee report had been filed at 4:40 p.m. today:

Eng. Com. Sub. for House Bill No. 4488, Creating a commission to complete a comprehensive study of the state's behavioral health system.

The Senate again proceeded to the eighth order of business.
Eng. House Bill No. 4355, Providing for the temporary detention of juveniles who are the named respondent in an emergency domestic violence protective order when the juvenile resides with the petitioner.

On third reading, coming up in regular order, was read a third time and put upon its passage.

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. H. B. No. 4355) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 4406, Removing the requirement to evaluate certain classroom teachers at least every three years.

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, Lanham, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.

The nays were: Minear--1.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4406) 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. House Bill No. 4406--A Bill to amend and reenact §18A-2- 12 of the Code of West Virginia, 1931, as amended, relating to professional evaluations of classroom teachers; limiting the frequency of requiring an evaluation or a professional growth and development plan for certain classroom teachers; and making technical changes.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 4456, Removing limitations on beaver trapping.

Having been removed from the Senate third reading calendar in earlier proceedings today, no further action thereon was taken.
Eng. Com. Sub. for House Bill No. 4481, Establishing a permissive provision for using ballot-scanning devices for election night tabulations.

On third reading, coming up in regular order, was read a third time and put upon its passage.

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 H. B. No. 4481) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 4487, Allowing an individual, who is at least sixteen years of age, to be in the vehicle to assist the Class Q permittee.

On third reading, coming up in regular order, was read a third time and put upon its passage.

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. H. B. No. 4487) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. Com. Sub. for House Bill No. 4498, Relating to fees for licensing of money service businesses.

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, 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)--33.

The nays were: Chafin--1.

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 H. B. No. 4498) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 4595, Authorizing the Board of Treasury Investments to retain, rather than require it to retain, one employee with a chartered financial analyst designation.

On third reading, coming up in regular order, was read a third time and put upon its passage.

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. H. B. No. 4595) passed with its title.

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

Without objection, the Senate returned to the third order of business.

Eng. Com. Sub. for Senate Bill No. 173, Relating to public employees preretirement death benefits.

On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.

The following House of Delegates amendments to the bill were reported by the Clerk:

On page two, by striking out everything after the enacting clause and inserting in lieu thereof the following:

That §5-10-14, §5-10-27 and §5-10-48 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 10. WEST VIRGINIA PUBLIC EMPLOYEES RETIREMENT ACT.
§5-10-14. Service credit; retroactive provisions.

(a) The board of trustees shall credit each member with the prior service and contributing service to which he or she is entitled based upon rules adopted by the board of trustees and based upon the following:

(1) In no event may less than ten days of service rendered by a member in any calendar month be credited as a month of service: Provided, That for employees of the state Legislature whose term of employment is otherwise classified as temporary and who are employed to perform services required by the Legislature for its regular sessions or during the interim between regular sessions and who have been or are so employed during regular sessions or during the interim between regular sessions in seven consecutive calendar years, service credit of one month shall be awarded for each ten days employed in the interim between regular sessions, which interim days shall be cumulatively calculated so that any ten days, regardless of calendar month or year, shall be calculated toward any award of one month of service credit;

(2) Except for hourly employees, ten or more months of service credit earned in any calendar year shall be credited as a year of service: Provided, That no more than one year of service may be credited to any member for all service rendered by him or her in any calendar year and no days may be carried over by a member from one calendar year to another calendar year where the member has received a full-year credit for that year; and

(3) Service may be credited to a member who was employed by a political subdivision if his or her employment occurred within a period of thirty years immediately preceding the date the political subdivision became a participating public employer.

(b) The board of trustees shall grant service credit to employees of boards of health, the Clerk of the House of Delegates and the Clerk of the state Senate, or to any former and present member of the State Teachers Retirement System who have been contributing members for more than three years, for service previously credited by the State Teachers Retirement System and shall require the transfer of the member's contributions to the system and shall also require a deposit, with interest, of any withdrawals of contributions any time prior to the member's retirement. Repayment of withdrawals shall be as directed by the board of trustees.

(c) Court reporters who are acting in an official capacity, although paid by funds other than the county commission or State Auditor, may receive prior service credit for time served in that capacity.

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

(e) (1) Employees of the state Legislature whose terms of employment are otherwise classified as temporary and who are employed to perform services required by the Legislature for its regular sessions or during the interim time between regular sessions shall receive service credit for the time served in that capacity in accordance with the following. For purposes of this section, the term "regular session" means day one through day sixty of a sixty-day legislative session or day one through day thirty of a thirty-day legislative session. Employees of the state Legislature whose term of employment is otherwise classified as temporary and who are employed to perform services required by the Legislature for its regular sessions or during the interim time between regular sessions and who have been or are employed during regular sessions or during the interim time between regular sessions in seven consecutive calendar years, as certified by the clerk of the houses in which the employee served, shall receive service credit of six months for all regular sessions served, as certified by the clerk of the houses in which the employee served, or shall receive service credit of three months for each regular thirty-day session served prior to one thousand nine hundred seventy-one: Provided, That employees of the state Legislature whose term of employment is otherwise classified as temporary and who are employed to perform services required by the Legislature for its regular sessions and who have been or are employed during the regular sessions in thirteen consecutive calendar years as either temporary employees or full-time employees or a combination thereof, as certified by the clerk of the houses in which the employee served, shall receive a service credit of twelve months for each regular session served, as certified by the clerk of the houses in which the employee served: Provided, however, That the amendments made to this subsection during the two thousand two regular session of the Legislature only apply to employees of the Legislature who are employed by the Legislature as either temporary employees or full-time employees as of the first day of January, two thousand two, or who become employed by the Legislature as temporary or full-time employees for the first time after the first day of January, two thousand two. Employees of the state Legislature whose terms of employment are otherwise classified as temporary and who are employed to perform services required by the Legislature during the interim time between regular sessions shall receive service credit of one month for each ten days served during the interim between regular sessions, which interim days shall be cumulatively calculated so that any ten days, regardless of calendar month or year, shall be calculated toward any award of one month of service credit: Provided further, That no more than one year of service may be credited to any temporary legislative employee for all service rendered by that employee in any calendar year and no days may be carried over by a temporary legislative employee from one calendar year to another calendar year where the member has received a full year credit for that year. Service credit awarded for legislative employment pursuant to this section shall be used for the purpose of calculating that member's retirement annuity, pursuant to section twenty-two of this article, and determining eligibility as it relates to credited service, notwithstanding any other provision of this section. Certification of employment for a complete legislative session and for interim days shall be determined by the clerk of the houses in which the employee served, based upon employment records. Service of fifty-five days of a regular session constitutes an absolute presumption of service for a complete legislative session and service of twenty-seven days of a thirty-day regular session occurring prior to one thousand nine hundred seventy-one constitutes an absolute presumption of service for a complete legislative session. Once a legislative employee has been employed during regular sessions for seven consecutive years or has become a full-time employee of the Legislature, that employee shall receive the service credit provided in this section for all regular and interim sessions and interim days worked by that employee, as certified by the clerk of the houses in which the employee served, regardless of when the session or interim legislative employment occurred: And provided further, That regular session legislative employment for seven consecutive years may be served in either or both houses of the Legislature.

(2) For purposes of this section, employees of the Joint Committee on Government and Finance are entitled to the same benefits as employees of the House of Delegates or the Senate: Provided, That for joint committee employees whose terms of employment are otherwise classified as temporary, employment in preparation for regular sessions, certified by the Legislative Manager as required by the Legislature for its regular sessions, shall be considered the same as employment during regular sessions to meet service credit requirements for sessions served.

(f) Any employee may purchase retroactive service credit for periods of employment in which contributions were not deducted from the employee's pay. In the purchase of service credit for employment prior to the year one thousand nine hundred eighty-nine in any department, including the Legislature, which operated from the General Revenue Fund and which was not expressly excluded from budget appropriations in which blanket appropriations were made for the state's share of public employees' retirement coverage in the years prior to the year one thousand nine hundred eighty-nine, the employee shall pay the employee's share. Other employees shall pay the state's share and the employee's share to purchase retroactive service credit. Where an employee purchases service credit for employment which occurred after the year one thousand nine hundred eighty-eight, that employee shall pay for the employee's share and the employer shall pay its share for the purchase of retroactive service credit: Provided, That no legislative employee and no current or former member of the Legislature may be required to pay any interest or penalty upon the purchase of retroactive service credit in accordance with the provisions of this section where the employee was not eligible to become a member during the years for which he or she is purchasing retroactive credit ~~for~~ or had the employee attempted to contribute to the system during the years for which he or she is purchasing retroactive service credit ~~for~~ and such contributions would have been refused by the board: Provided, however, That a legislative employee purchasing retroactive credit under this section does so within twenty-four months of becoming a member of the system or no later than the last day of December, two thousand ~~five~~ eight, whichever occurs last: Provided further, That once a legislative employee becomes a member of the retirement system, he or she may purchase retroactive service credit for any time he or she was employed by the Legislature and did not receive service credit. Any service credit purchased shall be credited as six months for each sixty-day session worked, three months for each thirty-day session worked or twelve months for each sixty-day session for legislative employees who have been employed during regular sessions in thirteen consecutive calendar years, as certified by the clerk of the houses in which the employee served, and credit for interim employment as provided in this subsection: And provided further, That this legislative service credit shall also be used for months of service in order to meet the sixty-month requirement for the payments of a temporary legislative employee member's retirement annuity: And provided further, That no legislative employee may be required to pay for any service credit beyond the actual time he or she worked regardless of the service credit which is credited to him or her pursuant to this section: And provided further, That any legislative employee may request a recalculation of his or her credited service to comply with the provisions of this section at any time.

(g) (1) Notwithstanding any provision to the contrary, the seven consecutive calendar years requirement and the thirteen consecutive calendar years requirement and the service credit requirements set forth in this section shall be applied retroactively to all periods of legislative employment prior to the passage of this section, including any periods of legislative employment occurring before the seven consecutive and thirteen consecutive calendar years referenced in this section: Provided, That the employee has not retired prior to the effective date of the amendments made to this section in the two thousand two regular session of the Legislature.

(2) The requirement of seven consecutive years and the requirement of thirteen consecutive years apply retroactively to all legislative employment prior to the effective date of the two thousand six amendments to this section.

(h) The board of trustees shall grant service credit to any former or present member of the State Police Death, Disability and Retirement Fund who has been a contributing member of this system for more than three years for service previously credited by the State Police Death, Disability and Retirement Fund if the member transfers all of his or her contributions to the State Police Death, Disability and Retirement Fund to the system created in this article, including repayment of any amounts withdrawn any time from the State Police Death, Disability and Retirement Fund by the member seeking the transfer allowed in this subsection: Provided, That there shall be added by the member to the amounts transferred or repaid under this subsection an amount which shall be sufficient to equal the contributions he or she would have made had the member been under the Public Employees Retirement System during the period of his or her membership in the State Police Death, Disability and Retirement Fund plus interest at a rate determined by the board.

(i) The provisions of section twenty-two-h of this article are not applicable to the amendments made to this section during the two thousand six regular session.
§5-10-27. Preretirement death annuities.

(a) (1) In Except as otherwise provided in this section, in the event any member who has ten or more years of credited service or any former member with ten or more years of credited service and who is entitled to a deferred annuity, pursuant to section twenty- one of this article, ~~(1)~~ may at any time prior to the effective date of his or her retirement, by written declaration duly executed and filed with the board of trustees, in the same manner as if he or she were then retiring from the employ of a participating public employer, elect Option A provided in section twenty-four of this article and nominate a beneficiary whom the board finds to have had an insurable interest in the life of the member. Prior to the effective date of his or her retirement, a member may revoke his or her election of Option A and nomination of beneficiary and he or she may again prior to his or her retirement elect Option A and nominate a beneficiary as provided in this subsection. Upon the death of a member who has an Option A election in force, his or her beneficiary, if living, shall immediately receive an annuity computed in the same manner in all respects as if the same member had retired the day preceding the date of his or her death, notwithstanding that he or she might not have attained age sixty years, and elected the said Option A. If at the time of his or her retirement a member has an Option A election in force, his or her election of Option A and nomination of beneficiary shall thereafter continue in force. As an alternative to annuity Option A, a member or former member may elect to have the preretirement death benefit paid as a return of accumulated contributions in a lump sum amount to any beneficiary or beneficiaries he or she chooses.

(2) In the event any member or former member, who first became a member of the Public Employees Retirement System after the effective date of amendments made to this section during the two thousand six regular legislative session and who has ten or more years of credited service and who is entitled to a deferred annuity, pursuant to section twenty-one of this article dies without leaving a surviving spouse; but ~~(2)~~ leaves surviving him or her a child who is financially dependent on the member by virtue of a permanent mental or physical disability upon evidence satisfactory to the board; and ~~(3)~~ has named the disabled child as sole beneficiary, the disabled child shall immediately receive an annuity computed in the same manner in all respects as if the member had: ~~(1)~~ (A) Retired the day preceding the date of his or her death, notwithstanding that he or she might not have attained age sixty or sixty-two years, as the case may be; ~~(2)~~ (B) elected Option A provided ~~for~~ in section twenty-four of this article; and ~~(3)~~ (C) nominated his or her disabled child as beneficiary. A member or former member with ten or more years of credited service, who does not leave surviving him or her a spouse or a disabled child, may elect to have the preretirement death benefit paid as a return of accumulated contributions in a lump sum amount to any beneficiary or beneficiaries he or she chooses.

(b) (1) In the event any member who has ten or more years of credited service, or any former member with ten or more years of credited service and who is entitled to a deferred annuity, pursuant to section twenty-one of this article ~~(1)~~ dies and ~~(2)~~ leaves a surviving spouse, the surviving spouse shall immediately receive an annuity computed in the same manner in all respects as if the ~~the~~ member had: ~~(1)~~ (A) Retired the day preceding the date of his or her death, notwithstanding that he or she might not have attained age sixty or sixty-two years, as the case may be; ~~(2)~~ (B) elected Option A provided in section twenty-four of this article; and ~~(3)~~ (C) nominated his or her surviving spouse as beneficiary. However, the surviving spouse shall have the right to waive the annuity provided ~~for~~ in this section: Provided, That he or she executes a valid and notarized waiver on a form provided by the board and that the member or former member attests to the waiver. If the waiver is presented to and accepted by the board, the member or former member, may nominate a beneficiary who has an insurable interest in the member's or former member's life. As an alternative to annuity Option A, the member or former member may elect to have the preretirement death benefit paid as a return of accumulated contributions in a lump sum amount to any beneficiary or beneficiaries he or she chooses in the event a waiver, as provided in this section, has been presented to and accepted by the board.

(2) Whenever any member or former member who first became a member of the retirement system after the effective date of the amendments to this section made during the two thousand six regular legislative session and who has ten or more years of credited service and who is entitled to a deferred annuity, pursuant to section twenty-one of this article, dies and leaves a surviving spouse, the surviving spouse shall immediately receive an annuity computed in the same manner in all respects as if the member had: (A) Retired the day preceding the date of his or her death, notwithstanding that he or she might not have attained age sixty or sixty-two years, as the case may be; (B) elected Option A provided in section twenty-four of this article; and (C) nominated his or her surviving spouse as beneficiary. However, the surviving spouse shall have the right to waive the annuity provided in this section: Provided, That he or she executes a valid and notarized waiver on a form provided by the board and that the member or former member attests to the waiver. If the waiver is presented to and accepted by the board, the member or former member, may: (1) Elect to have the preretirement death benefit paid in a lump sum amount, rather than annuity Option A provided in section twenty-four of this article, as a return of accumulated contributions to any beneficiary or beneficiaries he or she chooses; or (2) may name his or her surviving child, who is financially dependent on the member by virtue of a permanent mental or physical disability, as his or her sole beneficiary to receive an annuity computed in the same manner in all respects as if the member had: (A) Retired the day preceding the date of his or her death, notwithstanding that he or she might not have attained the age of sixty or sixty-two as the case may be; (B) elected Option A provided in section twenty-four of this article; and (C) nominated his or her disabled child as beneficiary.

(c) In the event any member who has ten or more years of credited service or any former member with ten or more years of credited service and who is entitled to a deferred annuity, pursuant to section twenty-one of this article: (1) Dies without leaving surviving him or her a spouse; but (2) leaves surviving him or her an infant child or children; and (3) does not have a beneficiary nominated as provided in subsection (a) of this section, the infant child or children are entitled to an annuity to be calculated as follows: The annuity reserve shall be calculated as though the member had retired as of the date of his or her decease and elected a straight life annuity and the amount of the annuity reserve shall be paid in equal monthly installments to the member's infant child or children until the child or children attain age twenty-one or sooner marry or become emancipated; however, in no event shall any child or children receive more than two hundred fifty dollars per month each. The annuity payments shall be computed as of the date of the death of the member and the amount of the annuity shall remain constant during the period of payment. The annual amount of the annuities payable by this section shall not exceed sixty percent of the deceased member's final average salary.

(d) In the event any member or former member does not have ten or more years of credited service, no preretirement death annuity may be authorized, owed or awarded under this section, except as provided in subdivision (4), subsection (a), section fifteen of this article as amended during the two thousand five regular session of the Legislature.
§5-10-48. Reemployment after retirement; options for holder of elected public office.

(a) The Legislature finds that a compelling state interest exists in maintaining an actuarially sound retirement system and that this interest necessitates that certain limitations be placed upon an individual's ability to retire from the system and to then later return to state employment as an employee with a participating public employer while contemporaneously drawing an annuity from the system. The Legislature hereby further finds and declares that the interests of the public are served when persons having retired from public employment are permitted, within certain limitations, to render post-retirement employment in positions of public service, either in elected or appointed capacities. The Legislature further finds and declares that it has the need for qualified employees and that in many cases an employee of the Legislature will retire and be available to return to work for the Legislature as a per diem employee. The Legislature further finds and declares that in many instances these employees have particularly valuable expertise which the Legislature cannot find elsewhere. The Legislature further finds and declares that reemploying these persons on a limited per diem basis after they have retired is not only in the best interests of this state, but has no adverse effect whatsoever upon the actuarial soundness of this particular retirement system.

~~(a)~~ (b) For the purposes of this section: (1) "Regularly employed on a full-time basis" means employment of an individual by a participating public employer, in a position other than as an elected or appointed public official, which normally requires twelve months per year service and/or requires at least one thousand forty hours of service per year in that position; (2) "temporary full-time employment or temporary part-time employment" means employment of an individual on a temporary or provisional basis by a participating public employer, other than as an elected or appointed public official, in a position which does not otherwise render the individual as regularly employed; (3) "former employee of the Legislature" means any person who has retired from employment with the Legislature and who has at least ten years' contributing service with the Legislature; and (4) "reemployed by the Legislature" means a former employee of the Legislature who has been reemployed on a per diem basis not to exceed one hundred seventy-five days per calendar year.

~~(b)~~ (c) In the event a retirant becomes regularly employed on a full-time basis by a participating public employer, payment of his or her annuity shall be suspended during the period of his or her reemployment and he or she shall become a contributing member to the retirement system. If his or her reemployment is for a period of one year or longer, his or her annuity shall be recalculated and he or she shall be granted an increased annuity due to such additional employment, said annuity to be computed according to section twenty-two of this article. A retirant may accept temporary full-time or temporary part-time employment from a participating employer without suspending his or her retirement annuity so long as he or she does not receive annual compensation in excess of ~~fifteen~~ twenty thousand dollars.

~~(c)~~ (d) In the event a member retires and is then subsequently elected to a public office or is subsequently appointed to hold an elected public office, or is a former employee of the Legislature who has been reemployed by the Legislature, he or she has the option, notwithstanding subsection ~~(b)~~ (c) of this section, to either:

(1) Continue to receive payment of his or her annuity while holding such public office or during any reemployment of a former employee of the Legislature on a per diem basis, in addition to the salary he or she may be entitled to as such office holder or as a per diem reemployed former employee of the Legislature; or

(2) Suspend the payment of his or her annuity and become a contributing member of the retirement system as provided in subsection ~~(b)~~ (c) of this section. Notwithstanding the provisions of this subsection, a member who is participating in the system as an elected public official may not retire from his or her elected position and commence to receive an annuity from the system and then be reappointed to the same position unless and until a continuous six-month period has passed since his or her retirement from the position: Provided, That a former employee of the Legislature may not be reemployed by the Legislature on a per diem basis until at least sixty days after the employee has retired: Provided, however, That the limitation on compensation provided by subsection (b) of this section does not apply to the reemployed former employee: Provided further, That in no event may reemployment by the Legislature of a per diem employee exceed one hundred seventy-five days per calendar year.

~~(d)~~ (e) A member who is participating in the system simultaneously as both a regular, full-time employee of a participating public employer and as an elected or appointed member of the legislative body of the state or any political subdivision may, upon meeting the age and service requirements of this article, elect to retire from his or her regular full-time state employment and may commence to receive an annuity from the system without terminating his or her position as a member of the legislative body of the state or political subdivision: Provided, That the retired member shall not, during the term of his or her retirement and continued service as a member of the legislative body of a political subdivision, be eligible to continue his or her participation as a contributing member of the system and shall not continue to accrue any additional service credit or benefits in the system related to the continued service.

~~(e)~~ (f) Notwithstanding the provisions of section twenty- seven-b of this article, any publicly elected member of the legislative body of any political subdivision or of the state Legislature, the Clerk of the House of Delegates and the Clerk of the Senate may elect to commence receiving in-service retirement distributions from this system upon attaining the age of seventy and one-half years: Provided, That the member is eligible to retire under the provisions of section twenty or twenty-one of this article: Provided, however, That the member elects to stop actively contributing to the system while receiving such in-service distributions.

(g) The provisions of section twenty-two-h of this article are not applicable to the amendments made to this section during the two thousand six regular session.;

And

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. 173--A Bill to amend and reenact §5-10-14, §5-10-27 and §5-10-48 of the Code of West Virginia, 1931, as amended, all relating to the Public Employees Retirement System generally; providing service credit for certain temporary legislative employees for retirement purposes; clarifying right of members and former members to select certain beneficiaries for preretirement death annuities; limiting choice of beneficiaries to receive preretirement death annuities for new members only; providing for preretirement death benefit of accumulated contributions to be paid in a lump sum amount to any beneficiary or beneficiaries chosen by a member; providing that the date of membership and date of passage control election of benefits; recognizing exception for certain members who die as a result of active military service; and providing for the reemployment of certain former legislative employees on a per diem basis under certain restrictions without suspension of retirement annuity.

On motion of Senator Chafin, the Senate refused to concur in the foregoing House amendments to the bill (Eng. Com. Sub. for S. B. No. 173) and requested the House of Delegates to recede therefrom.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

The Senate again proceeded to the eighth order of business.
Eng. House Bill No. 4598, Eliminating the requirement for combined oil and gas returns for purposes of property taxes, and to further define the information that may be released.

On third reading, coming up in regular order, was read a third time and put upon its passage.

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. H. B. No. 4598) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. Com. Sub. for House Bill No. 4601, Increasing the amount transferred to the Special Operating Fund in the State Treasury for the Auditor's Public Utilities Division and dedicate the increased amount to pay for public utility litigation expenses.

On third reading, coming up in regular order, was read a third time and put upon its passage.

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 H. B. No. 4601) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 4622, Increasing coal bed methane permit fees.

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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sprouse, Unger, White, Yoder and Tomblin (Mr. President)--32.

The nays were: Sharpe and Weeks--2.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4622) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 4685, Arthritis Prevention Education Act.

On third reading, coming up in regular order, was read a third time and put upon its passage.

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. H. B. No. 4685) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. Com. Sub. for House Bill No. 4690, Making West Virginia University Institute of Technology a division of West Virginia University.

Having been removed from the Senate third reading calendar in earlier proceedings today, no further action thereon was taken.
Eng. House Bill No. 4728, Increasing the membership of the Environmental Protection Advisory Council from seven to eight members.

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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.

The nays were: Sprouse--1.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4728) passed.

The following amendment to the title of the bill, from the Committee on Agriculture, 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. House Bill No. 4728- -A Bill to amend and reenact §22-1-9 of the Code of West Virginia, 1931, as amended, relating to the Environmental Protection Advisory Council generally; increasing the membership of the council to eight members; and specifying represented organizations and entities.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 4847, Relating to group limited health benefits insurance plans.

On third reading, coming up in regular order, was read a third time and put upon its passage.

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. H. B. No. 4847) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 4855, Making a supplementary appropriation to the department of education and the arts, department of environmental protection, department of health and human resources, etc.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4855) passed with its title.

Senator Chafin moved that the bill take effect from passage.

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. H. B. No. 4855) takes effect from passage.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 4856, Making a supplementary appropriation to the department of commerce, miners' health, safety and training fund.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4856) passed with its title.

Senator Chafin moved that the bill take effect from passage.

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. H. B. No. 4856) takes effect from passage.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 4857, Making a supplementary appropriation to the department of administration, children's health insurance agency, to the department of commerce, division of natural resources, to the department of transportation, public port authority, etc.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4857) passed with its title.

Senator Chafin moved that the bill take effect from passage.

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. H. B. No. 4857) takes effect from passage.

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

Eng. House Bill No. 4858, Supplementary appropriation, secretary of state, state election fund.

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: 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)--33.

The nays were: Bailey--1.

Absent: None.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4858) passed with its title.

Senator Chafin moved that the bill take effect from passage.

On this question, the yeas were: 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)--33.

The nays were: Bailey--1.

Absent: None.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4858) takes effect from passage.

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

Pending announcement of a meeting of the Committee on Rules,

On motion of Senator Chafin, the Senate recessed until 8 p.m. tonight.
Night Session

Upon expiration of the recess, the Senate reconvened.

At the request of Senator Chafin, and by unanimous consent, Senator Chafin addressed the Senate and presented Senator Tomblin (Mr. President) with a framed copy of "He Came, He Stayed", published February 16, 2006, by the Charleston Daily Mail.

On motion of Senator Chafin, the Senate recessed for one minute.

Upon expiration of the recess, the Senate reconvened and, at the request of Senator Chafin, unanimous consent being granted, returned to the fourth order of business.

Senator Love, from the Committee on Confirmations, submitted the following report, which was received:

Your Committee on Confirmations has had under consideration

Senate Executive Message No. 2, dated February 17, 2006, requesting confirmation by the Senate of the nominations mentioned therein. The following list of names from Executive Message No. 2 is submitted:

For Member, Commission on Holocaust Education, Brian O'Connell, South Charleston, Kanawha County, for the term ending June 30, 2007.

For Member, Commission on Holocaust Education, Dr. Mary E. Haas, Morgantown, Monongalia County, for the term ending June 30, 2007.

For Member, Board of Miner Training, Education and Certification, Gary Trout, Leivasy, Nicholas County, for the term ending June 30, 2006.

For Director, Office of Consumer Advocacy, Frank Hartman, Buckhannon, Upshur County, for the term to coincide with the term of the Governor.

For Member, Shepherd University Board of Governors, Andrew D. Michael, Hedgesville, Berkeley County, for the term ending June 30, 2009.

For Member, Shepherd University Board of Governors, Robert McMillan, Martinsburg, Berkeley County, for the term ending June 30, 2009.

For Member, Shepherd University Board of Governors, Lacy I. Rice III, Washington, D. C., for the term ending June 30, 2008.

For Member, Lottery Commission, David McCormick, Jr., Morgantown, Monongalia County, for the term ending June 30, 2007.

For Member, Concord University Board of Governors, Dr. Deborah S. Akers, Princeton, Mercer County, for the term ending June 30, 2008.

10.

For Member, Concord University Board of Governors, R. T. Rogers, Hinton, Summers County, for the term ending June 30, 2008.

11.

For Member, Concord University Board of Governors, J. Franklin Long, Bluefield, Mercer County, for the term ending June 30, 2009.

12.

For Member, Concord University Board of Governors, Wayne Meisel, Princeton, New Jersey, for the term ending June 30, 2009.

13.

For Member, Commission on the Arts, Carolyn Cavendish, Charleston, Kanawha County, for the term ending June 30, 2006.

14.

For Member, Commission on the Arts, Elaine D'Alessandri, Morgantown, Monongalia County, for the term ending June 30, 2007.

15.

For Member, Commission on the Arts, Carol Templeton, Milton, Cabell County, for the term ending June 30, 2007.

16.

For Member, Commission on the Arts, Penny Watkins, Huntington, Cabell County, for the term ending June 30, 2007.

17.

For Member, Commission on the Arts, Marilyn Cooper, Lewisburg, Greenbrier County, for the term ending June 30, 2008.

18.

For Member, Commission on the Arts, Jennifer Francis Alkire, Morgantown, Monongalia County, for the term ending June 30, 2008.

19.

For Member, Commission on the Arts, Susan Landis, Daniels, Raleigh County, for the term ending June 30, 2008.

20.

For Member, Commission on the Arts, Selina Midkiff, Charleston, Kanawha County, for the term ending June 30, 2007.

21.

For Member, Commission on the Arts, Jeanne Mozier, Berkeley Springs, Morgan County, for the term ending June 30, 2008.

22.

For Member, Commission on the Arts, Sally Rowe, Cottageville, Jackson County, for the term ending June 30, 2008.

23.

For Member, School Building Authority, Nick Preservati, Charleston, Kanawha County, for the term ending July 31, 2009.

24.

For Member, School Building Authority, Louis Spadafore, Clarksburg, Harrison County, for the term ending July 31, 2009.

25.

For Member, School Building Authority, Tom Lange, Charles Town, Jefferson County, for the term ending July 31, 2007.

26.

For Member, Fairmont State University Board of Governors, Robert Kittle, Bridgeport, Harrison County, for the term ending June 30, 2009.

27.

For Member, Board of Funeral Service Examiners, John Stump, Grantsville, Calhoun County, for the term ending June 30, 2008.

28.

For Member, Board of Funeral Service Examiners, Craig Rotruck, Kingwood, Preston County, for the term ending June 30, 2009.

29.

For Member, Board of Funeral Service Examiners, Stephen Varner, Littleton, Wetzel County, for the term ending June 30, 2009.

30.

For Member, Board of Funeral Service Examiners, John Atilli, Martinsburg, Berkeley County, for the term ending June 30, 2009.

31.

For Member, Real Estate Commission, Vaughn Kiger, Morgantown, Monongalia County, for the term ending June 30, 2008.

32.

For Member, Workforce Investment Council, Carl Grover, Ona, Cabell County, for the term ending May 22, 2008.

33.

For Member, Workforce Investment Council, Stan Cavendish, Charleston, Kanawha County, for the term ending May 22, 2008.

34.

For Member, Workforce Investment Council, Shelly DeMarino, Glenville, Gilmer County, for the term ending May 22, 2008.

35.

For Member, Workforce Investment Council, Homer Kincaid, Morgantown, Monongalia County, for the term ending May 22, 2008.

36.

For Member, Workforce Investment Council, Nancy Kissinger, Beckley, Raleigh County, for the term ending May 22, 2008.

37.

For Member, Workforce Investment Council, Doug Epling, Beckley, Raleigh County, for the term ending May 22, 2008.

38.

For Member, Workforce Investment Council, Bob Rogers, Fairmont, Marion County, for the term ending May 22, 2008.

39.

For Member, Workforce Investment Council, Jim Cava, Keyser, Mineral County, for the term ending May 22, 2008.

40.

For Member, Workforce Investment Council, Gerald Elcharr, Mineral Wells, Wood County, for the term ending May 22, 2008.

41.

For Member, Workforce Investment Council, Rodney Rogers, Beverly, Randolph County, for the term ending May 22, 2008.

42.

For Member, Workforce Investment Council, Joseph Williams, Huntington, Cabell County, for the term ending May 22, 2008.

43.

For Member, Workforce Investment Council, Doug Manson, French Creek, Upshur County, for the term ending May 22, 2008.

44.

For Member, Workforce Investment Council, Sharon Hall, Charleston, Kanawha County, for the term ending May 22, 2008.

45.

For Member, Workforce Investment Council, Bill Rock, Snowshoe, Pocahontas County, for the term ending May 22, 2008.

46.

For Member, Workforce Investment Council, Robert Lee Brown, Charleston, Kanawha County, for the term ending May 22, 2008.

47.

For Member, Workforce Investment Council, Judi Almond, Crab Orchard, Raleigh County, for the term ending May 22, 2008.

48.

For Member, Workforce Investment Council, Kenny Perdue, Charleston, Kanawha County, for the term ending May 22, 2008.

49.

For Member, Workforce Investment Council, Jerry Berry, Hinton, Summers County, for the term ending May 22, 2008.

50.

For Member, Workforce Investment Council, Dr. Peter Checkovich, Winchester, Virginia, for the term ending May 22, 2008.

51.

For Member, Workforce Investment Council, Reverend Matthew Watts, Charleston, Kanawha County, for the term ending May 22, 2008.

52.

For Member, Workforce Investment Council, Cindy Largent- Hill, Berkeley Springs, Morgan County, for the term ending May 22, 2008.

53.

For Member, Workforce Investment Council, Michael Misiti, Huntington, Cabell County, for the term ending May 22, 2008.

54.

For Member, Workforce Investment Council, Bobby Webb, Ghent, Raleigh County, for the term ending May 22, 2008.

55.

For Member, Workforce Investment Council, Roy Smith, Charleston, Kanawha County, for the term ending May 22, 2008.

56.

For Member, Statewide Independent Living Council, Chris Cain, Nitro, Kanawha County, for the term ending June 30, 2008.

57.

For Member, Statewide Independent Living Council, Joyce Floyd, Elkins, Randolph County, for the term ending June 30, 2008.

58.

For Member, Statewide Independent Living Council, Mark Jenkinson, Martinsburg, Berkeley County, for the term ending June 30, 2008.

59.

For Member, Statewide Independent Living Council, Cathy Reed, Fairmont, Marion County, for the term ending June 30, 2008.

60.

For Member, Statewide Independent Living Council, Odessa Williams, Huntington, Cabell County, for the term ending June 30, 2008.

61.

For Member, Statewide Independent Living Council, Nathan Parker, Huntington, Cabell County, for the term ending June 30, 2006.

62.

For Member, Statewide Independent Living Council, Donald Carson, Beckley, Raleigh County, for the term ending June 30, 2007.

63.

For Member, Statewide Independent Living Council, Ruth Burgess, Charleston, Kanawha County, for the term ending June 30, 2008.

64.

For Member, Statewide Independent Living Council, Brenda Goodfellow, Sistersville, Tyler County, for the term ending June 30, 2008.

65.

For Member, Statewide Independent Living Council, David Stewart, Charleston, Kanawha County, for the term ending June 30, 2008.

66.

For Member, West Virginia Northern Community College Board of Governors, W. Keith Jones, New Martinsville, Wetzel County, for the term ending June 30, 2009.

67.

For Member, West Virginia Northern Community College Board of Governors, Orphy Klempa, Wheeling, Ohio County, for the term ending June 30, 2009.

68.

For Member, West Virginia Northern Community College Board of Governors, Joseph Craycraft, Moundsville, Marshall County, for the term ending June 30, 2008.

69.

For Member, West Virginia Northern Community College Board of Governors, Joseph Freeland, Wheeling, Ohio County, for the term ending June 30, 2008.

70.

For Member, West Virginia Northern Community College Board of Governors, The Honorable Tamara Pettit Cronin, Chester, Hancock County, for the term ending June 30, 2009.

71.

For Member, Retail Liquor Licensing Board, James McCutcheon, Parkersburg, Wood County, for the term ending December 1, 2008.

72.

For Member, Retail Liquor Licensing Board, Robert Shell, Logan, Logan County, for the term ending December 1, 2006.

73.

For Member, Retail Liquor Licensing Board, William Bryan Ferrell, Jr., Exchange, Braxton County, for the term ending December 1, 2007.

74.

For Member, Children's Health Insurance Plan Board, Margie Hale, Charleston, Kanawha County, for the term ending June 30, 2007.

75.

For Member, Children's Health Insurance Plan Board, Larry Hudson, Cross Lanes, Kanawha County, for the term ending June 30, 2008.

76.

For Member, Children's Health Insurance Plan Board, Lynn Gunnoe, Charleston, Kanawha County, for the term ending June 30, 2007.

77.

For Member, Children's Health Insurance Plan Board, Travis Hill, Martinsburg, Berkeley County, for the term ending June 30, 2007.

78.

For Member, Children's Health Insurance Plan Board, Judith Radcliff, Charleston, Kanawha County, for the term ending June 30, 2008.

79.

For Member, Children's Health Insurance Plan Board, Debra Sullivan, Charleston, Kanawha County, for the term ending June 30, 2006.

80.

For Member, Hospital Finance Board, Darwin Snyder, Eglon, Preston County, for the term ending January 9, 2012.

81.

For Member, Committee for the Purchase of Commodities and Services from the Handicapped, Penny Hall, Charleston, Kanawha County, for the term ending January 31, 2007.

82.

For Member, Board of Examiners in Counseling, Christine J. Schimmel, South Charleston, Kanawha County, for the term ending June 30, 2008.

83.

For Member, Board of Examiners in Counseling, Adrienne Belafonte Biesemeyer, Alderson, Greenbrier County, for the term ending June 30, 2009.

84.

For Member, Board of Examiners in Counseling, Donna Evans, Beckley, Raleigh County, for the term ending June 30, 2009.

85.

For Member, Nursing Home Administrators Licensing Board, John DeMary, Shinnston, Harrison County, for the term ending June 30, 2011.

86.

For Member, Blennerhassett Island Historical State Park Commission, Kate Swisher, Parkersburg, Wood County, for the term ending September 16, 2008.

87.

For Member, Blennerhassett Island Historical State Park Commission, Jessica Myers, Parkersburg, Wood County, for the term ending September 16, 2008.

88.

For Member, Blennerhassett Island Historical State Park Commission, Tim Moore, Vienna, Wood County, for the term ending September 16, 2008.

89.

For Member, Blennerhassett Island Historical State Park Commission, Joyce Ancrile, Vienna, Wood County, for the term ending September 16, 2008.

90.

For Member, Blennerhassett Island Historical State Park Commission, Shelley Capel, Parkersburg, Wood County, for the term ending September 16, 2006.

91.

For Member, Consolidated Public Retirement Board, Paul Hardesty, Holden, Logan County, for the term ending June 20, 2010.

92.

For Member, Consolidated Public Retirement Board, Drema Evans, Beckley, Raleigh County, for the term ending June 20, 2010.

93.

For Member, Board of Accountancy, William Ellis, Charleston, Kanawha County, for the term ending June 30, 2007.

94.

For Member, Board of Accountancy, Reed Spangler, Charleston, Kanawha County, for the term ending June 30, 2008.

95.

For Member, Board of Accountancy, James Sturgeon, Charleston, Kanawha County, for the term ending June 30, 2007.

96.

For Member, Board of Accountancy, Robert Maust, Morgantown, Monongalia County, for the term ending June 30, 2008.

97.

For Member, Board of Accountancy, Harold Davis, Lenore, Mingo County, for the term ending June 30, 2006.

98.

For Member, Investment Management Board of Trustees, Steve L. Smith, Poca, Putnam County, for the term ending January 31, 2010.

99.

For Member, Coal Resource Transportation Designation Committee, Bill Raney, Charleston, Kanawha County, for the term ending June 30, 2008.

100.

For Member, Coal Resource Transportation Designation Committee, Julie Archer, Sumerco, Lincoln County, for the term ending June 30, 2008.

101.

For Member, Coal Resource Transportation Designation Committee, Frederick Eugene Saunders, Jr., Daniels, Raleigh County, for the term ending June 30, 2008.

102.

For Member, Veterans' Council, William Bernard Simpson, Martinsburg, Berkeley County, for the term ending June 30, 2008.

103.

For Member, Radiologic Technology Board of Examiners, Dr. Shawn Reesman, Daniels, Raleigh County, for the term ending June 30, 2008.

104.

For Member, Radiologic Technology Board of Examiners, Dr. Robert Smith, Charleston, Kanawha County, for the term ending June 30, 2007.

105.

For Member, Radiologic Technology Board of Examiners, Nancy Godby, Chapmanville, Logan County, for the term ending June 30, 2006.

106.

For Member, Radiologic Technology Board of Examiners, Melissa Haye, Princeton, Mercer County, for the term ending June 30, 2007.

107.

For Member, Radiologic Technology Board of Examiners, Alice Belmont, Morgantown, Monongalia County, for the term ending June 30, 2008.

108.

For Member, Radiologic Technology Board of Examiners, Leah Jean Morris, Culloden, Cabell County, for the term ending June 30, 2008.

109.

For Member, Radiologic Technology Board of Examiners, Grace Peters, Belle, Kanawha County, for the term ending June 30, 2008.

110.

For Member, Women's Commission, Lisa Younis, Shepherdstown, Jefferson County, for the term ending June 30, 2007.

111.

For Member, Women's Commission, Heather Johnson, Beaver, Fayette County, for the term ending June 30, 2007.

112.

For Member, Women's Commission, Kelly Davis, Ellamore, Upshur County, for the term ending June 30, 2008.

113.

For Member, Women's Commission, Ellen Allen, Princeton, Mercer County, for the term ending June 30, 2008.

114.

For Member, Women's Commission, Wendy Thomas, Huntington, Cabell County, for the term ending June 30, 2008.

115.

For Member, Women's Commission, Carmen Hutchins, Wheeling, Ohio County, for the term ending June 30, 2008.

116.

For Member, Economic Development Authority, Marcus W. Estlack, Morgantown, Monongalia County, for the term ending June 30, 2009.

117.

For Member, Fairmont State University Board of Governors, H. Skip Tarasuk, Jr., Fairmont, Marion County, for the term ending June 30, 2007.

118.

For Member, Fairmont State University Board of Governors, Jim Griffin, Bridgeport, Harrison County, for the term ending June 30, 2008.

119.

For Member, Fairmont State University Board of Governors, Larry Mazza, Bridgeport, Harrison County, for the term ending June 30, 2008.

120.

For Member, Fairmont State University Board of Governors, Janet Cresenzi, Barrackville, Marion County, for the term ending June 30, 2009.

121.

For Director, Division of Juvenile Services, Cindy Largent-Hill, Berkeley Springs, Morgan County, to serve at the will and pleasure of the Governor.

122.

For Member, Public Port Authority, Fred Burns, Marlinton, Pocahontas County, for the term ending June 30, 2008.

123.

For Member, Public Port Authority, Andrew Kowalo, Wheeling, Ohio County, for the term ending June 30, 2008.

124.

For Member, Public Port Authority, Gerald Sites, Petersburg, Grant County, for the term ending June 30, 2007.

125.

For Member, Public Port Authority, S. J. Dlesk, Wheeling, Ohio County, for the term ending June 30, 2008.

126.

For Member, Public Port Authority, Jim Llaneza, Clarksburg, Harrison County, for the term ending June 30, 2006.

127.

For Member, Public Port Authority, J. Eric Peters, Sistersville, Tyler County, for the term ending June 30, 2007.

128.

For Member, Public Port Authority, David Wayne Mullins, Ripley, Jackson County, for the term ending June 30, 2008.

129.

For Member, Glenville State College Board of Governors, Bill Hanlin, St. Marys, Pleasants County, for the term ending June 30, 2007.

130.

For Member, Board of Accountancy, Lee Fisher, Little Birch, Braxton County, for the term ending June 30, 2007.

And,

Senate Executive Message No. 3, dated March 3, 2006, requesting confirmation by the Senate of the nomination mentioned therein. The following name from Executive Message No. 3 is submitted:

For Member, Workforce Investment Council, Hal Foss, Vienna, Wood County, for the term ending May 22, 2008.

And reports the same back with the recommendation that the Senate do advise and consent to all of the nominations listed above.

Respectfully submitted,

Shirley Love,

Chair.
__________

The time having arrived for the special order of business to consider the list of nominees for public office submitted by His Excellency, the Governor, the special order thereon was called by the President.

Thereupon, Senator Tomblin (Mr. President) laid before the Senate the following executive messages:

Senate Executive Message No. 2, dated February 17, 2006 (shown in the Senate Journal of February 20, 2006, pages 12 to 24, inclusive);

And,

Senate Executive Message No. 3, dated March 3, 2006 (shown in Senate Journal of March 6, 2006, page five).

Senator Love then moved that the Senate advise and consent to the executive nominations referred to in the foregoing report from the Committee on Confirmations.

The question being on the adoption of Senator Love's aforestated motion,

The roll was then taken; and

The nays were: None.

Absent: None.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared Senator Love's aforestated motion had prevailed.
__________

Consideration of executive nominations having been concluded,

Without objection, the Senate returned to the third order of business.

A message from the Clerk of the House of Delegates announced the concurrence by that body in the Senate amendment to the House of Delegates amendments to, and the passage as amended, with its Senate amended title, to take effect July 1, 2006, of
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 53, Changing ratio of school nurses to enrollment.

A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of

Eng. Senate Bill No. 223, Relating to examination of insurance and health care entities.

A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of

Eng. Senate Bill No. 467, Amending group life insurance requirements.

A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of

Eng. Senate Bill No. 480, Relating to time period for paying criminal proceedings costs.

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. 490, Providing gasoline excise tax exemption for certain county aging programs.

A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of

Eng. Senate Bill No. 566, Amending Crime Victims Compensation Act.

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. 603, Renaming day after Thanksgiving Day as Lincoln's Day.

A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of

Eng. Com. Sub. for Senate Bill No. 767, Authorizing business registration certificate revocation of employer in default.

A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of

Eng. Senate Bill No. 772, Providing for subrogation rights for James "Tiger" Morton Catastrophic Illness Commission.

A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of

Eng. Senate Bill No. 795, Making supplementary appropriation from State Fund, General Revenue, to Department of Military Affairs and Public Safety, Office of Emergency Services.

A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, of

Eng. Com. Sub. for House Bill No. 2328, Giving precedential application to written advisory opinions issued by the ethics commission's committee on open governmental meetings.

A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, of

Eng. Com. Sub. for House Bill No. 4036, Relating to soliciting or advocating murder, providing criminal penalties and specifying that the offenses and penalties are cumulative to other offenses and penalties.

A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, of

Eng. Com. Sub. for House Bill No. 4108, Allowing an osteopathic physician and surgeon to supervise up to three physician assistants generally.

Eng. House Bill No. 4112, Extending the time for the County Commission of Mineral County, West Virginia, to meet as a levying body.

A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended, to take effect from passage, of

Eng. Com. Sub. for House Bill No. 4135, Authorizing the Department of Environmental Protection to promulgate legislative rules.

Eng. Com. Sub. for House Bill No. 4192, Authorizing the Department of Military Affairs and Public Safety to promulgate legislative rules.

A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amended title, passage as amended, to take effect from passage, of

Eng. House Bill No. 4484, Extending the time for the county commission of Marion County, West Virginia, to meet as a levying body.

Eng. Com. Sub. for House Bill No. 4486, Relating to minimum base pay for members of the National Guard and providing tuition payment for the cost of post-graduate courses.

A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendment to, and the passage as amended, of

Eng. Com. Sub. for House Bill No. 4490, Relating generally to the regulation of selling new or used vehicles.

A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, of

Eng. Com. Sub. for House Bill No. 4536, Improving competition among telephone public utilities providing landline services.

Eng. Com. Sub. for House Bill No. 4625, Extending certain authority to professional personnel designee of school principal.

A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendment to, and the passage as amended, of

Eng. House Bill No. 4632, Relating to employing homeland security and emergency service personnel.

A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, of

Eng. Com. Sub. for House Bill No. 4694, Relating to abuse and neglect of children.

A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, to take effect July 1, 2006, and requested the concurrence of the Senate in the House of Delegates amendments, as to

Eng. Com. Sub. for Senate Bill No. 11, Adding circuit court judge to twenty-third judicial circuit.

On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.

The following House of Delegates amendments to the bill were reported by the Clerk:

On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:

That §51-2-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new section, designated §51-3-18, all to read as follows:

ARTICLE 2. CIRCUIT COURTS; CIRCUIT JUDGES.

§51-2-1. Judicial circuits; terms of office; legislative findings and declarations; elections; terms of court.

(a) The state shall be divided into the following judicial circuits with the following number of judges:

The counties of Brooke, Hancock and Ohio shall constitute the first circuit and shall have four judges; the counties of Marshall, Tyler and Wetzel shall constitute the second circuit and shall have two judges; the counties of Doddridge, Pleasants and Ritchie shall constitute the third circuit and shall have one judge; the counties of Wood and Wirt shall constitute the fourth circuit and shall have three judges; the counties of Calhoun, Jackson, Mason and Roane shall constitute the fifth circuit and shall have two judges; the county of Cabell shall constitute the sixth circuit and shall have four judges; the county of Logan shall constitute the seventh circuit and shall have two judges; the county of McDowell shall constitute the eighth circuit and shall have two judges; the county of Mercer shall constitute the ninth circuit and shall have two judges; the county of Raleigh shall constitute the tenth circuit and shall have three judges; the counties of Greenbrier and Pocahontas shall constitute the eleventh circuit and shall have two judges; the county of Fayette shall constitute the twelfth circuit and shall have two judges; the county of Kanawha shall constitute the thirteenth circuit and shall have seven judges; the counties of Braxton, Clay, Gilmer and Webster shall constitute the fourteenth circuit and shall have two judges; the county of Harrison shall constitute the fifteenth circuit and shall have three judges; the county of Marion shall constitute the sixteenth circuit and shall have two judges; the county of Monongalia shall constitute the seventeenth circuit and shall have two judges; the county of Preston shall constitute the eighteenth circuit and shall have one judge; the counties of Barbour and Taylor shall constitute the nineteenth circuit and shall have one judge; the county of Randolph shall constitute the twentieth circuit and shall have one judge; the counties of Grant, Mineral and Tucker shall constitute the twenty-first circuit and shall have two judges; the counties of Hampshire, Hardy and Pendleton shall constitute the twenty-second circuit and shall have one judge; the counties of Berkeley, Jefferson and Morgan shall constitute the twenty-third circuit and shall have four judges: Provided, That effective the first day of August, two thousand six, said circuit shall have five judges; the county of Wayne shall constitute the twenty-fourth circuit and shall have one judge; the counties of Lincoln and Boone shall constitute the twenty-fifth circuit and shall have two judges; the counties of Lewis and Upshur shall constitute the twenty-sixth circuit and shall have one judge; the county of Wyoming shall constitute the twenty-seventh circuit and shall have one judge; the county of Nicholas shall constitute the twenty-eighth circuit and shall have one judge; the county of Putnam shall constitute the twenty-ninth circuit and shall have two judges; the county of Mingo shall constitute the thirtieth circuit and shall have one judge; and the counties of Monroe and Summers shall constitute the thirty-first circuit and shall have one judge: Provided, That the Kanawha County circuit court shall be a court of concurrent jurisdiction with each single judge circuit where the sitting judge in such single judge circuit is unavailable by reason of sickness, vacation or other reason.

(b) Any judge in office on the effective date of the reenactment of this section shall continue as a judge of the circuit as constituted under prior enactments of this section, unless sooner removed or retired as provided by law, until the thirty-first day of December, two thousand.

(c) The term of office of all circuit court judges shall be for eight years. The term of office for all circuit court judges elected during the general election conducted in the year two thousand shall commence on the first day of January, two thousand one, and end on the thirty-first day of December, two thousand eight.

(d) Beginning with the primary and general elections to be conducted in the year one thousand nine hundred ninety-two, in all judicial circuits having two or more judges there shall be, for election purposes, numbered divisions corresponding to the number of circuit judges in each circuit. Each judge shall be elected at large from the entire circuit. In each numbered division of a judicial circuit, the candidates for nomination or election shall be voted upon and the votes cast for the candidates in each division shall be tallied separately from the votes cast for candidates in other numbered divisions within the circuit. The candidate receiving the highest number of the votes cast within a numbered division shall be nominated or elected, as the case may be: Provided, That beginning with the primary and general elections to be conducted in the year two thousand, judges serving a judicial circuit comprised of four or more counties with two or more judges shall not be residents of the same county.

(e) The Supreme Court of Appeals shall, by rule, establish the terms of court of circuit judges.
ARTICLE 3. COURTS IN GENERAL.
§51-3-18. Expeditious filling of judicial vacancies.

(a) The Legislature finds that when judicial offices created under the constitution and laws of the state are vacant for extended periods of time, the proper functioning of the judicial branch of the government is impeded. The Legislature further finds that when a vacancy in a judicial office is to be filled by appointment, it is in the public interest that any questions regarding the qualifications or eligibility of the person nominated or appointed to fill the vacancy be determined expeditiously.

(b) When, pursuant to the provisions of section seven, article VIII of the Constitution of West Virginia, the Governor appoints a person to fill a vacancy in the office of Justice of the Supreme Court of Appeals or in the office of judge of the circuit court, no suit or action challenging the qualifications or eligibility of the person so appointed, if it be based upon any fact or circumstance in existence at the time of the appointment, will be cognizable in any court of this state unless it be brought within twenty days after the appointment by the Governor.

(c) When, pursuant to the provisions of section ten, article VIII of the Constitution of West Virginia and the general laws adopted thereunder, a person is appointed to fill a vacancy in the office of magistrate, no suit or action challenging the qualifications or eligibility of the person so appointed, if it be based upon any fact or circumstance in existence at the time of the appointment, will be cognizable in any court of this state unless it be brought within twenty days after the appointment.

(d) When, pursuant to the provisions of section sixteen, article VIII of the Constitution of West Virginia, the Governor appoints a person to fill a vacancy in the office of judge of the family court, no suit or action challenging the qualifications or eligibility of the person so appointed, if it be based upon any fact or circumstance in existence at the time of the appointment, will be cognizable in any court of this state unless it be brought within twenty days after the appointment by the Governor.

(e) Following a judicial appointment, if no suit or action is commenced within the time specified above, or if, in a suit having been timely brought, it is finally adjudged that the appointee is qualified and eligible to hold the office to which he or she has been appointed, then the appointee may take the oath of office and thereafter execute the office for the unexpired term to which he or she has been appointed, subject to removal under section eight, article VIII of the Constitution of West Virginia, in the case of a Justice of the Supreme Court of Appeals, the circuit court or the family court, only by impeachment, and in the case of a magistrate, in the manner provided by general law for removal of a magistrate.

(f) An action timely brought to challenge the qualifications or eligibility of an appointee to judicial office shall be given priority over all other actions on the docket of the court in which the action is brought.

(g) Nothing contained in this section is intended by the Legislature to interfere with the authority of the Supreme Court of Appeals to discipline or retire judges or magistrates as that authority is set forth in the Constitution of West Virginia and in rules adopted by the Supreme Court of Appeals pursuant to the Constitution of West Virginia.

(h) The Legislature declares that the offices of magistrate, judge of the family court, judge of the circuit court and Justice of the Supreme Court of Appeals are elective in nature and are all "offices to be filled by election by the people" within the meaning of the exceptions clause of section fifteen, article VI of the Constitution of West Virginia, which clause describes the kind and character of the offices thereby removed from the operation of the prohibitory clause and not the method by which the offices are to be filled.;

And,

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. 11--A Bill to amend and reenact §51-2-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §51- 3-18, all relating generally to the appointment of judges and magistrates to fill vacancies; providing for an additional circuit court judge to be appointed to the twenty-third judicial circuit; and providing for the expeditious filling of judicial vacancies by limiting the time during which a challenge to an appointment may be instituted.

On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.

Engrossed Committee Substitute for Senate Bill No. 11, as amended by the House of Delegates, was then put upon its passage.

The nays were: None.

Absent: None.

So, a majority 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. 11) passed with its House of Delegates amended title.

Senator Chafin moved that the bill take effect July 1, 2006.

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 S. B. No. 11) takes effect July 1, 2006.

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

A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to

Eng. Senate Bill No. 112, Establishing Alzheimer's Disease Registry.

On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.

The following House of Delegates amendment to the bill was reported by the Clerk:

On page two, by striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 5R. THE ALZHEIMER'S SPECIAL CARE STANDARDS ACT.
§16-5R-7. Establishment of a central registry.

(a) To the extent funds are available, the governing board of West Virginia University shall establish an Alzheimer's Disease Registry to collect information concerning Alzheimer's disease and related disorders. The purpose of the registry shall be to provide a central database of information to assist in the development of public policy and planning. The information collected by the registry shall be analyzed to prepare reports and perform studies as necessary when such data identifies information useful in developing policy.

(b) All reporting sources, including hospitals, physicians, facilities, clinics or other similar units diagnosing or providing treatment or care for Alzheimer's disease and related disorders, shall provide a report of each case to the Alzheimer's Disease Registry in the format specified.

(c) All information reported pursuant to this section is confidential and shall be used only for the purposes set forth herein. A report provided to the Alzheimer's Disease Registry that discloses the identity of the individual being treated shall only be released in accordance with the provisions of the Health Insurance Portability and Accountability Act of 1996. No liability of any kind or character for damages or other relief shall arise or be enforced against any reporting source by reason of having provided the information or material to the Alzheimer's Disease Registry.

(d) The governing board shall propose rules pursuant to the provisions of article three, chapter twenty-nine-a of this code to implement this section. The rules shall include, but not be limited to: (1) The content and design of all forms and reports required by this section; (2) the type of information to be collected and maintained; (3) the procedures for disclosure of nonidentifying data to other appropriate research entities; (4) the manner in which reporting entities or individuals, including families, may be contacted by the registry for additional relevant information; and (5) any other matter necessary to the administration of this section.

On motion of Senator Chafin, the Senate concurred in the House of Delegates amendment to the bill.

Engrossed Senate Bill No. 112, as amended by the House of Delegates, was then put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 112) passed with its title.

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

Eng. Com. Sub. for Senate Bill No. 468, Amending group accident and sickness insurance requirements.

On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.

The following House of Delegates amendments to the bill were reported by the Clerk:

On page two, section two, line twelve, after the word "employment;" by inserting the word "or";

On pages two and three, section two, lines thirteen through thirty-one, by striking out all of paragraph (B) and inserting in lieu thereof a new paragraph (B), to read as follows:

(B) If the premium is paid by the employer and the employees jointly, or by the employees, there shall be no employee participation requirement. The term "employee" as used herein is considered to include the officers, managers and employees of the employer, the partners, if the employer is a partnership, the officers, managers and employees of subsidiary or affiliated corporations of a corporate employer, and the individual proprietors, partners and employees of individuals and firms, the business of which is controlled by the insured employer through stock ownership, contract or otherwise. The term "employer" as used herein may include any municipal or governmental corporation, unit, agency or department and the proper officers of any unincorporated municipality or department, as well as private individuals, partnerships and corporations.;

And,

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. 468--A Bill to amend and reenact §33-16-2 of the Code of West Virginia, 1931, as amended, relating to group accident and sickness insurance requirements; decreasing the number of employees that must participate; and eliminating the participation requirement if the premium is paid by the employees or jointly by the employer and employees.

On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.

Engrossed Committee Substitute for Senate Bill No. 468, as amended by the House of Delegates, was then put upon its passage.

The nays were: None.

Absent: None.

So, a majority 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. 468) passed with its House of Delegates amended title.

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

Eng. Com. Sub. for Senate Bill No. 299, Authorizing various executive or administrative agencies promulgate legislative rules.

On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.

The following House of Delegates amendment to the bill was reported by the Clerk:

On page two, by striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 9. AUTHORIZATION FOR MISCELLANEOUS AGENCIES AND BOARDS TO PROMULGATE LEGISLATIVE RULES.

§64-9-1. Commissioner of Agriculture.

(a) The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand five, authorized under the authority of section two, article nine, chapter nineteen of this code, modified by the Department of Agriculture to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-third day of December, two thousand five, relating to the Department of Agriculture (animal disease control, 61 CSR 1), is authorized.

(b) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section four, article sixteen-a, chapter nineteen of this code, modified by the Department of Agriculture to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the sixteenth day of December, two thousand five, relating to the Department of Agriculture (certified pesticide applicators, 61 CSR 12A), is authorized.

(c) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section four, article sixteen-a, chapter nineteen of this code, modified by the Department of Agriculture to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the sixteenth day of December, two thousand five, relating to the Department of Agriculture (integrated pest management programs in schools and day care centers/facilities, 61 CSR 12J), is authorized.

(d) The legislative rule filed in the State Register on the twenty-second day of December, two thousand five, authorized under the authority of section twenty, article twelve, chapter eight-a of this code, modified by the Department of Agriculture to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the thirteenth day of January, two thousand six, relating to the Department of Agriculture (voluntary farmland protection program, 61 CSR 26), is authorized.
§64-9-2. State Auditor.

The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section ten-a, article three, chapter twelve of this code, modified by the Auditor to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-first day of December, two thousand five, relating to the Auditor (state Purchasing Card Program, 155 CSR 7), is authorized.
§64-9-3. State Conservation Committee.

The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section four, article twenty-one-a, chapter nineteen of this code, modified by the State Conservation Committee to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the fourth day of January, two thousand six, relating to the State Conservation Committee (State Conservation Committee, 63 CSR 1), is authorized.
§64-9-4. Board of Dental Examiners.

(a) The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand five, authorized under the authority of section six, article four, chapter thirty of this code, relating to the Board of Dental Examiners (fees established by the board, 5 CSR 3), is authorized.

(b) The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand five, authorized under the authority of section six, article four, chapter thirty of this code, modified by the Board of Dental Examiners to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the sixth day of January, two thousand six, relating to the Board of Dental Examiners (dental advertising, 5 CSR 8), is authorized.

§64-9-5. Governor's Committee on Crime, Delinquency and Correction.

The legislative rule filed in the State Register on the twenty-third day of November, two thousand four, authorized under the authority of section three, article two, chapter seventeen-g of this code, modified by the Governor's Committee on Crime, Delinquency and Correction to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the thirteenth day of January, two thousand six, relating to the Governor's Committee on Crime, Delinquency and Correction (motor vehicles stop data collection standards for the study of racial profiling, 149 CSR 5), is authorized as follows:
TITLE 149
LEGISLATIVE RULE
GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION
SERIES 5
MOTOR VEHICLE STOP DATA COLLECTION STANDARDS
FOR THE STUDY OF RACIAL PROFILING
§149-5-1. General.

1.1. Scope. -- This legislative rule establishes standards for the collection, reporting and compilation of data, for the purpose of studying the possible practice of racial profiling by law enforcement in West Virginia. This legislative rule further establishes the standards by which this data will be issued.

1.2. Authority. -- W. Va. Code §17G-2-3.

1.3. Filing Date. --

1.4. Effective Date. --
§149-5-2. Definitions.

2.1. "Act" means the West Virginia Racial Profiling Data Collection Act, West Virginia Code §17G-1-1, et seq.

2.2. "Chief executive" means the superintendent of the State Police; the chief conservation officer of the Division of Natural Resources; the sheriff of any West Virginia county; any administrative deputy appointed by the chief conservation officer of natural resources; or the chief of any West Virginia municipal law-enforcement agency.

2.3. "Commissioner" means the Commissioner of the Division of Motor Vehicles.

2.4. "Composition of a patrol area" means the composition of a patrol area based on the ethnicity, national origin, gender and age of the population of the patrol area.

2.5. "County" means any one of the fifty-five major political subdivisions of the state.

2.6. "Director" means the Director of the Governor's Committee on Crime, Delinquency and Correction.

2.7. "Division" means the West Virginia Division of Motor Vehicles.

2.8. "Form", or "MVSF", means the West Virginia Motor Vehicle Stop Form to be developed and promulgated by the Division of Motor Vehicles for collecting and reporting data for the study of racial profiling under the Act and this rule.

2.9. "Governor's Committee" means the Governor's Committee on Crime, Delinquency and Correction established as a state planning agency pursuant to W. Va. Code §15-9-1.

2.10. "Gross data" means aggregate data regarding the information obtained pursuant to section 3 of this rule.

2.11. "Law-enforcement agency" or "agency" means any West Virginia state, county or municipal agency with officers who are authorized to direct or regulate traffic or to make arrests or issue citations or warnings for violations of traffic laws and ordinances.

2.12. "Law-enforcement officer" or "officer" means any duly authorized member of a law-enforcement agency who is authorized to maintain public peace and order, prevent and detect crime, make arrests and enforce the laws of the state or any county or municipality of the state, including persons employed as campus police officers at state institutions of higher education and those persons employed as rangers by the Hatfield-McCoy regional recreation authority.

2.13. "Law-enforcement official" or "official" means the duly appointed chief administrator of a designated law-enforcement agency or a duly authorized designee.

2.14. "Minority group" means individuals of any ethnic descent, including, but not limited to, African-American, Hispanic, Native American, Middle Eastern, Asian or Pacific Islander.

2.15. "Motor vehicle violation" or "violation" means a violation of any motor vehicle statute or ordinance.

2.16. "Municipality" means any incorporated town, village or city whose boundaries lie within the geographic boundaries of the state.

2.17. "Patrol area" means a clearly defined geographic area that is established for the general purpose of providing a visible law-enforcement presence in the area, in order to (1) secure property and to protect the public from the risks of damage or injury arising from criminal activity; (2) respond to emergency and non-emergency demands of citizens in a timely manner; (3) conduct prevention and other proactive patrol tasks effectively; and (4) conduct all other patrol tasks effectively, including traffic control and special missions work.
§149-5-3. Patrol areas.

3.1. The chief executive of every law-enforcement agency in the state shall establish patrol areas for all of the territory within the jurisdiction of the agency.

3.2. Patrol areas must be drawn so that population-based data on the composition of a patrol area, as well as data on the perceived ethnicity, national origin, gender and age of those committing acts justifying a traffic stop, can be used to reliably and validly observe the absence or presence of bias-based profiling associated with traffic stops in a statistically meaningful way. The boundaries of a patrol area must be easily recognizable to the officer patrolling it.

3.3. The chief executive shall designate each patrol area with a number of up to three digits. Chief executives of counties with a population of 20,000 or less and municipalities with a population of 5,000 or less may designate the entire county or municipality, respectively, as a patrol area.

3.4. On or before November 1, 2006, the chief executive shall submit to the Governor's Committee a map showing the boundaries and designations of patrol areas. The Governor's Committee shall review the boundaries of the patrol areas to determine whether they are adequate for use in preparing the reports to the Legislature required by section 11 of this rule. If the patrol areas are not adequate for that purpose, the Governor's Committee shall notify the chief executive, who shall cooperate with the Governor's Committee to establish patrol areas that are relevant to the obligations of the Governor's Committee under the Act.

3.5. All designations of patrol areas must be finalized no later than December 15, 2006. Each chief executive must provide training to the officers of his or her agency to familiarize them with the boundaries and designations of each patrol area. The chief executive shall also provide any dispatchers with copies of a map showing the patrol area boundaries and designations so as to assist any officer who is unsure of the patrol area in which he or she has made a stop.
§149-5-4. Data collection.

4.1. Beginning January 1, 2007, each time a law-enforcement officer stops a motor vehicle for a violation, the officer shall record on the MVSF the information required to be collected pursuant to subsection 5 of this section and file it with his or her agency before the officer goes off duty.

4.2. The officer shall collect information relating to the perceived racial characteristics of the operator of a motor vehicle only when the stop results from a violation. When the stop results from a nonviolation, the officer is not required to collect this information, even if the stop ultimately results in a citation for a violation. For the purposes of this rule, nonviolation stops include, but are not limited to, a checkpoint for driving under the influence, license, registration or seat belts, a stop of multiple vehicles due to an accident or a stop made from an emergency dispatch.

4.3. The Commissioner shall designate a single point of contact within the Division responsible for the implementing and administering the provisions of the Act and this rule. The Commissioner may, from time to time, change this designation. The Division shall notify all law-enforcement agencies of this designation and of any change in the designation.

4.4. The Motor Vehicle Stop Form developed by the Division of Motor Vehicles shall:

4.4.a. Be capable of collecting all of the information required by subsection 5 of this section; and

4.4.b. At a minimum, be developed in hard copy format; however, the Division may, in its discretion, develop the form so as to allow a law-enforcement agency the ability to complete and/or submit the required information in an electronic format.

4.5. The information to be collected on the MVSF includes:

4.5.a. A unique identifier (i.e., numeric, alphanumeric, barcode, etc.) which will distinguish the MVSF established pursuant to the Act and this rule to be distinguished from all other forms the Division has issued;

4.5.b. The law-enforcement agency's complete Originating Agency Identifier (ORI number), or an abbreviated version of that identifier singularly unique to that particular law-enforcement agency;

4.5.c. A unique identifier for a law-enforcement officer within his or her law-enforcement agency. The chief executive or official of the agency shall assign a unique four (4) digit identifier to each officer within the agency to record on the MVSF;

4.5.d. The month, day and year of the stop;

4.5.e. The approximate hour and minute of the stop;

4.5.f. The approximate duration of the stop in hours and minutes;

4.5.g. The patrol area in which the stop occurred;

4.5.h. Whether the stop took place on a city street, county road, state highway or interstate highway;

4.5.i. Whether the vehicle had West Virginia or out-of-state license plates;

4.5.j. The reason for the stop, including:

4.5.j.1. A moving violation;

4.5.j.2. Vehicle equipment violations or defects;

4.5.j.3. Inspection violations;

4.5.j.4. Investigatory stops for nonmotor vehicle criminal activity;

4.5.j.5. Seatbelt violation;

4.5.j.6. Driving while impaired;

4.5.j.7. Courtesy stop or citizen assistance; and

4.5.j.8. Other motor vehicle violations;

4.5.k. The perceived identifying characteristics of the operator, including:

4.5.k.1. Whether the operator was male or female;

4.5.k.2. Whether the operator was:

4.5.k.2.A. White (W);

4.5.k.2.B. Black/African American (B/AA);

4.5.k.2.C. Asian/Pacific Islander (A/PI);

4.5.k.2.D. Native American (NA);

4.5.k.2.E. Middle Eastern (ME); or,

4.5.k.2.F. Other (Oth);

4.5.k.3. Ethnicity. -- Whether the operator was:

4.5.k.3.A. Hispanic/Latino (H/L); or,

4.5.k.3.B. Nonhispanic/Latino (NH/L);

4.5.k.4. The age of the operator;

4.5.l. The United States Postal ZIP Code that includes the operator's home address;

4.5.m. The number of occupants in the vehicle other than the operator;

4.5.n. Whether a search was performed as a result of the stop and, if so:

4.5.n.1. The authority for the search, including:

4.5.n.1.A. Consent;

4.5.n.1.B. Reasonable Suspicion/Weapon;

4.5.n.1.C. Incident to Arrest;

4.5.n.1.D. Inventory;

4.5.n.1.E. Probable Cause;

4.5.n.1.F. Plain View;

4.5.n.1.G. Probation/Parole Waiver; and

4.5.n.1.H. Other;

4.5.n.2. Whether the following were searched:

4.5.n.2.A. Vehicle;

4.5.n.2.B. Driver;

4.5.n.2.C. Passenger(s); and

4.5.n.2.D. Personal Effects;

4.5.n.3. Whether contraband was discovered or seized in the course of the search;

4.5.o. The disposition of the stop, including:

4.5.o.1. Issuance of a citation or warning;

4.5.o.2. Arrest of the operator or a passenger;

4.5.o.3. Courtesy service or assistance;

4.5.o.6. No action taken; and

4.5.p. Instructions detailing how to complete and submit the Form. The instructions may be included on the MVSF itself, or provided as an attachment.

4.6. MVSF Distribution. -- The Division shall distribute the Forms to all West Virginia law-enforcement agencies in hard copy format on a monthly basis. The Division may distribute the Forms less or more frequently to a particular agency if the Commissioner determines that the monthly distribution does not meet the needs of that agency. Regardless how frequently the Forms are distributed to a particular agency, they shall be distributed in an amount sufficient to allow for the reporting of data for the greatest anticipated number of motor vehicle stops for that agency for any given calendar month. A law-enforcement agency may request additional MVSFs from the Division as the need arises.

4.7. Additional Responsibilities of the Division of Motor Vehicles. -- Prior to October 1, 2006, the Division shall establish and submit to the Governor's Committee for approval a mechanism for:

4.7.a. Periodically reviewing data submitted on the MVSF;

4.7.b. Ensuring that data submitted on the MVSF is correct and usable pursuant to the requirements of this rule;

4.7.c. Returning incomplete or rejected MVSFs to law- enforcement agencies for correction or completion; and

4.7.d. Removing duplicate data.
§149-5-5. Data reporting.

5.1. Reporting. -- Beginning January 1, 2007, each law- enforcement agency shall submit all MVSFs completed by its officers to the Division, via United States Postal Service or any other reputable mail delivery service, hand-delivery or, at the discretion of the Division, electronically.

5.2. Reporting Frequency. -- Each agency shall submit all MVSFs on a monthly basis, and they must be received by the Division no later than close of business, normal operating hours, on the fifteenth (15th) day following the end of the reporting calendar month.

5.3. MVSFs Condition and Usability. -- MVSFs which are incomplete, incorrect or are submitted in unusable condition shall be returned to the agency for completion or correction.

5.4. MVSF Completion Training. -- On or after July 1, 2006, the Director shall, in consultation with the Fraternal Order of Police, the Sheriff's Association, the Trooper's Association, the Deputy Sheriff's Association, and the Chiefs of Police Association, develop an appropriate program for training officers on how to complete and submit MVSFs. Every law-enforcement officer must receive this training prior to January 1, 2007, and must be able, upon completion of the training, to successfully complete and submit the MVSF in a manner usable for the purposes of this rule. Additional and/or ongoing training may be required by the law- enforcement agency or by the Division if problematic reporting is identified.

5.5. The chief executive or law-enforcement official of the agency shall ensure that the requirements of this section are met by periodically auditing and reviewing MVSFs submitted by the officers within his or her agency to ensure that the facts of the stops taking place are not being intentionally misrepresented.
§149-5-6. Noncompliance of reporting.

If a law-enforcement agency fails to comply with the provisions of section 5 of this rule, the Division shall notify the agency by certified mail of its noncompliance and require the agency to comply within fifteen (15) calendar days. If the law- enforcement agency fails to comply within this fifteen (15) day extension period, the Division shall recommend to the Governor, in writing, that State-controlled funds appropriated to the agency be withheld until the requirements of section 5 are met.
§149-5-7. Receipt and retention of MVSF.

The Commissioner shall establish a written policy designed to address reasonably foreseeable complications which may arise as a result of receiving and retaining MVSFs, including, but not limited to:

1. A mechanism for identifying the time, day, date and year the MVSF was received by the Division;

2. A mechanism for maintaining accurate and easily accessible data regarding the reporting habits of individual law-enforcement agencies; and

3. The identification of an appropriate and logistically feasible time period to retain MVSFs submitted in hard copy format or electronically as a result of this rule.

§149-5-8. Individual law-enforcement agency data request and release.

8.1. Individual Agency Data Release Request. -- Upon written request by the chief executive or law-enforcement official, the Division shall provide, within thirty (30) calendar days, data regarding the officers of the chief executive or official's agency. This request must be in writing and must be received by the Division no sooner than thirty (30) days after the end of the calendar month for which the data is being requested. The data shall be organized so as to allow the chief executive or law- enforcement official the ability to review the information collected for his or her agency and officers and shall be grouped for periods covering at least one calendar month.

8.2. Individual Agency Data Release. -- The Division may not release data regarding individual law-enforcement agencies and officers to anyone other than the Governor's Committee or the chief executive or official who has requested the data for his or her officers or agency in accordance with subsection 1 of this section.

§149-5-9. Data limitations and individual officer anonymity and exemption.

9.1. Any and all data collected, reported, compiled and issued as a result of this rule will be used only for the purposes outlined in this rule.

9.2. Except as provided in section 7 of this rule, no individual officer information may be released in any manner to any person or entity. The Division, the Governor's Committee and any chief executive or law-enforcement official shall take appropriate safeguards to protect the identity of individual officers collecting data pursuant to this rule at all times.
§149-5-10. Methodology of data compilation.

On or before July 1, 2006, the Division will submit to the Governor's Committee for approval a written proposal stating the method by which the data collected on the MVSFs will be compiled and provided to the Governor's Committee for analysis. The methodology proposed and selected must enable the Governor's Committee to analyze the data so as to accomplish it obligations under subsections 11.2. and 11.3 of this rule.

§149-5-11. Governor's Committee on Crime, Delinquency and Correction annual report.

11.1. On or before the thirty-first day of January, two thousand eight, the Commissioner shall provide the Director in electronic delimited text format, the data collected from the MVSF. In addition to the data collected from the MVSF, the Commissioner shall provide any other data required by the Governor's Committee to fulfill its obligations under subsections 11.2. and 11.3 of this rule. This data shall include, but not be limited to:

11.1.a. Estimates of the number of vehicles traveling on the public highways; and

11.1.b. Demographic characteristics of registered vehicle owners and/or licensed drivers by zip codes and/or other geographical identifiers.

11.2. On or before the first day of July, two thousand eight, the Director shall publish a preliminary public report of the data collected and provide a copy thereof to all law-enforcement agencies subject to this rule in hard copy or electronic format. A copy of the report and analysis of the data collected shall also be provided to the Governor and to the Joint Committee on Government and Finance.

11.3. On or before the first day of February, two thousand nine, the Director shall publish a final public report of the data collected and provide a copy thereof to all law-enforcement agencies subject to this rule in hard copy or electronic format. A copy of the report and analysis of the data collected shall also be provided to the Governor and to the Joint Committee on Government and Finance. At a minimum, this public report shall include, but not be limited to, the following information resulting from the provisions of this rule:

11.3.a. An executive summary which summarizes the findings of the report;

11.3.b. The number of motor vehicle stops and searches of motor vehicles occupied by members of a perceived minority group;

11.3.c. The number of motor vehicle stops and searches of motor vehicles occupied by persons who are not members of a minority group;

11.3.d. The population of minorities in the areas where the stops occurred;

11.3.e. Estimates of the number of all vehicles traveling on the public highways where the stops occurred;

11.3.f. Factors to be included in any evaluation that the data may indicate racial profiling, racial stereotyping or other race-based discrimination or selective enforcement; and

11.3.g. Other data deemed appropriate by the Governor's Committee on Crime, Delinquency and Correction for the analysis of the protection of constitutional rights.
§64-9-6. Board of Examiners for Licensed Practical Nurses.

The legislative rule filed in the State Register on the fifth day of July, two thousand five, authorized under the authority of section five, article seven-a, chapter thirty of this code, modified by the State Board of Examiners for Licensed Practical Nurses to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the first day of November, two thousand five, relating to the State Board of Examiners for Licensed Practical Nurses (policies regulating licensure of the licensed practical nurse, 10 CSR 2), is authorized with the following amendments:

On page two, section eight, at the beginning of the second sentence in the section, by striking out the words "If the board participates" and inserting in lieu thereof the words "Should the board participate";

And,

On page three, subsection 11.2, in the second sentence, by striking out the words "marriage certificate or divorce decree" and inserting in lieu thereof the words "marriage certificate, divorce decree or an order of a court of competent jurisdiction".
§64-9-7. Board of Occupational Therapy.

The legislative rule filed in the State Register on the twenty-seventh day of June, two thousand five, authorized under the authority of section six, article twenty-eight, chapter thirty of this code, modified by the Board of Occupational Therapy to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-first day of November, two thousand five, relating to the Board of Occupational Therapy (administrative rule of the Board of Occupational Therapy and licensure of occupational therapists and occupational therapy assistants, 13 CSR 1), is authorized with the following amendments:

On page two, subdivision 2.8.b, after the words "direct line of" by striking out the word "site" and inserting in lieu thereof the word "sight";

On page three, subsection 3.4, by striking out the words "one hundred dollars ($100.00)" and inserting in lieu thereof the words "fifty dollars ($50.00)";

On page six, subsection 9.2.a.1, by striking out the words "for ninety (90) days from date of issuance of the limited permit" and inserting in lieu thereof the words "until the date on which the results of the next qualifying examination have been made public";

On page six, subsection 9.2.b.1, by striking out the words "for ninety (90) days from the date of issuance of the limited permit" and inserting in lieu thereof the words "one (1) year or until eligibility to sit for the certification exam is withdrawn or the results of the certification exam have been made public";

And,

On page twelve, subsection 13.3, after the words "licensed Occupational Therapist supervising" by striking out the word "and" and inserting in lieu thereof the word "an".
§64-9-8. Board of Optometry.

(a) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section three, article eight, chapter thirty of this code, relating to the Board of Optometry (rules for the West Virginia Board of Optometry, 14 CSR 1), is authorized.

(b) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section three, article eight, chapter thirty of this code, relating to the Board of Optometry (schedule of fees, 14 CSR 5), is authorized.
§64-9-9. Board of Osteopathy.

The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section one, article fourteen-a, chapter thirty of this code, modified by the Board of Osteopathy to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-third day of January, two thousand six, relating to the Board of Osteopathy (osteopathic physician assistants, 24 CSR 2), is authorized with the following amendments:

On page four, subdivision 2.6.1, by striking the words "three (3) physician assistants" and inserting in lieu thereof, the following "two (2) physician assistants";

On page eleven, subdivision 2.12.8., line one, after the word "assistant" by inserting the word "not";

And,

On page sixteen, subdivision 2.14.1, by striking the subdivision in its entirety and inserting in lieu thereof the following:

2.14.1. Each osteopathic physician assistant, as a condition of biennial renewal of osteopathic physician assistant license, shall provide written documentation of participation in and successful completion of a minimum of twenty (20) hours of continuing education, during each year of the two year period, in courses approved by the Board for the purposes of continuing education of osteopathic physician assistants.
§64-9-10. Board of Pharmacy.

The legislative rule filed in the State Register on the seventh day of July, two thousand five, authorized under the authority of sections six and seven, article ten, chapter sixty-a of this code, modified by the Board of Pharmacy to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the eleventh day of October, two thousand five, relating to the Board of Pharmacy (ephedrine and pseudoephedrine control, 15 CSR 11), is authorized.
§64-9-11. Board of Examiners of Psychologists.

The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand five, authorized under the authority of section six, article twenty-one, chapter thirty of this code, modified by the Board of Examiners of Psychologists to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the fourth day of January, two thousand six, relating to the Board of Examiners of Psychologists (qualifications for licensure as a psychologist or a school psychologist, 17 CSR 3), is authorized with the following amendments:

On page one, subsection 2.2., by striking out the word "institute" and inserting in lieu thereof the word "institution";

On page five, subsection 8.4., after the word "as" by striking out the word "a";

On page seven, paragraph 12.1.d., by striking out "@" and inserting in lieu thereof a quotation mark;

And,

On page seven, section 12.7., by striking out the word "loner" and inserting in lieu thereof the word "longer".
§64-9-12. Radiologic Technology Board of Examiners.

(a) The legislative rule filed in the State Register on the twenty-first day of July, two thousand five, authorized under the authority of section five, article twenty-three, chapter thirty of this code, relating to the Radiologic Technology Board of Examiners (rule of the West Virginia Radiologic Technology Board of Examiners, 18 CSR 1), is authorized.

(b) The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand five, authorized under the authority of section five, article twenty-three, chapter thirty of this code, modified by the Radiologic Technology Board of Examiners to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-eighth day of December, two thousand five, relating to the Radiologic Technology Board of Examiners (standard of ethics, 18 CSR 5), is authorized with the following amendments:

On page two, at the end of section 4.1, after the words "comfort of patients." by inserting the words "The individual shall:";

On page two, subsection 4.1.1, by striking out the words "The individual shall";

On page two, subsection 4.1.1, after the words "in a professional manner," by striking out the word "responds" and inserting in lieu thereof the word "respond";

On page two, subsection 4.1.1, after the words "to patient needs and" by striking out the word "supports" and inserting in lieu thereof the word "support";

On page two, subsection 4.1.4, after the words "theoretical knowledge and concepts," by striking out the word "uses" and inserting in lieu thereof the word "use";

On page two, subsection 4.1.4, after the words "they were designed, and" by striking out the word "employs" and inserting in lieu thereof the word "employ";

On page two, subsection 4.1.5, after the words "assess situations;" by striking out the word "exercises" and inserting in lieu thereof the word "exercise";

On page two, subsection 4.1.5, after the words "discretion and judgment;" by striking out the word "assumes" and inserting in lieu thereof the word "assume";

On page two, subsection 4.1.5, after the words "professional decisions; and" by striking out the word "acts" and inserting in lieu thereof the word "act";

On page two, subsection 4.1.6, after the words "treatment of the patient and" by striking out the word "recognizes" and inserting in lieu thereof the word "recognize";

On page two, subsection 4.1.7, by striking out the first word "uses" and inserting in lieu thereof the word "use";

On page two, subsection 4.1.7, after the words "equipment and accessories," by striking out the word "employs" and inserting in lieu thereof the word "employ";

On page two, subsection 4.1.7, after the words "techniques and procedures," by striking out the word "performs" and inserting in lieu thereof the word "perform";

On page two, subsection 4.1.7, after the words "standard of practice, and" by striking out the word "demonstrates" and inserting in lieu thereof the word "demonstrate";

On page two, subsection 4.1.8, after the words "appropriate to the profession and" by striking out the word "protects" and inserting in lieu thereof the word "protect";

On page two, subsection 4.1.9, after the words "course of professional practice," by striking out the word "respects" and inserting in lieu thereof the word "respect";

On page three, section 5.1, after the words "for all present Licensees," by striking out the word "Permittee"s" and inserting in lieu thereof the word "Permittees";

On page three, at the end of section 5.1, after the words "An individual" by striking out the word "shall" and inserting in lieu thereof the word "may";

On page three, subdivision 5.1.2(a), after the words "examination of the Board;" and before the words "disclosing information" by striking out the word "or";

On page three, subdivision 5.1.2(a), after the words "understood by the recipient as" by striking out the comma and the words "any portion of or";

On page four, subdivision 5.1.2(c), after the word "impersonating" by striking out the word "a" and inserting in lieu thereof the word "an";

On page four, subdivision 5.1.5(a), after the words "rule or regulation exists," by inserting the words "a departure from or failure to conform";

On page four, subdivision 5.1.5(b), after the words "danger to a" by striking out the word "patient''s" and inserting in lieu thereof the word "patient's";

On page five, subsection 5.1.7, after the words "reasonable skill and safety" by striking out the words "to patients";

On page five, subsection 5.1.7, after the words "any other material" by striking out the semicolon inserting in lieu thereof a comma;

On page five, subsection 5.1.9, after the words "harm the public; or" by striking out the word "demonstrating" and inserting in lieu thereof the word "demonstrate";

On page five, subsection 5.1.10, after the words "demeaning to a patient" by striking out the semicolon and inserting in lieu thereof a comma;

On page five, subsection 5.1.10, after the words "to a patient, or" by striking out the word "engaging" and inserting in lieu thereof the word "engage";

On page five, in the last sentence of subsection 5.1.10, after the word "This" by inserting the word "subsection";

On page five, subsection 5.1.12, after the words "or otherwise" by striking out the word "participating" and inserting in lieu thereof the word "participate";

On page five, subsection 5.1.14, after the words "assist, advise or" by striking out the word "allowing" and inserting in lieu thereof the word "allow";

On page five, subsection 5.1.14, after the words "appropriate state permit" by striking out the comma;

On page six, section 5.2, by striking the words "Convictions, criminal proceedings or military court-martials." and inserting in lieu thereof the words "An individual must report convictions, criminal proceedings or military court-martials as set forth in this section:";

On page six, subsection 5.2.1, after the words "abuse related violations" by striking out the words "must be reported";

On page six, subsection 5.2.2, after the words "nolo contendere" by striking out the words "must be reported";

And,

On page six, subsection 5.2.3, after the words "patient- related infractions" by striking out the words "must be reported".
§64-9-13. Real Estate Appraiser Licensure and Certification Board.

(a) The legislative rule filed in the State Register on the eleventh day of July, two thousand five, authorized under the authority of section seven, article thirty-eight, chapter thirty of this code, modified by the Real Estate Appraiser Licensure and Certification Board to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the eighteenth day of January, two thousand six, relating to the Real Estate Appraiser Licensure and Certification Board (requirements for licensure and certification, 190 CSR 2), is authorized.

(b) The legislative rule filed in the State Register on the eleventh day of July, two thousand five, authorized under the authority of section nine, article thirty-eight, chapter thirty of this code, relating to the Real Estate Appraiser Licensure and Certification Board (renewal of licensure and certification, 190 CSR 3), is authorized.
§64-9-14. Secretary of State.

(a) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section forty-eight, article one, chapter three of this code, modified by the Secretary of State to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the tenth day of January, two thousand six, relating to the Secretary of State (loan program for purchase of voting equipment, software and services, 153 CSR 10), is authorized with the following amendments:

On page one, subsection 1.1., line one, after the words "administration of the" by inserting the words "County Assistance Voting Equipment Fund ('Fund')";

On page one, subsection 1.1., by striking out the words "S. B. 3002" and inserting in lieu thereof the words "W. Va. Code §3-1- 48";

On page one, section two, by striking out the words "County commissions" and inserting in lieu thereof the words "A county commission";

On page one, section two, after the word "loan" by inserting the words "from the Fund";

On page one, section two, after the words "related services" by inserting a comma;

On page one, subsection 3.1., after the words "requesting a loan" by striking out the comma and inserting the words "from the Fund";

On page one, subdivision 3.2.a., by striking out the word "County" and inserting in lieu thereof the word "county";

On page one, subdivision 3.2.c., after the word "funds" by inserting a comma;

On page two, subsection 4.1, by striking out the words "County commissions" and inserting in lieu thereof the words "A county commission";

On page two, subsection 4.1, after the words "obtain a loan" by inserting the words "from the Fund";

On page two, subsection 4.2., after the words "fifty percent" by inserting "(50%)";

On page two, subsection 4.2., by striking out the words "required by the county commission";

On page two, subsection 4.2., after the words "Commission that" by striking out the word "it" and inserting in lieu thereof the words "the county commission";

On page two, subsection 4.3, by striking out the words "County commissions" and inserting in lieu thereof the words "A county commission";

On page two, section five, by striking out the word "only";

On page two, section five, after the words "approved by the State Election Commission" by inserting the word "only";

On page two, section five, after the word "services" by inserting the words "and only";

On page two, section five, after the words "if certified" by inserting a comma and the words "when necessary,";

On page two, section five, by striking out the words "if applicable";

On page two, section six, by striking out the word "contracted" and inserting in lieu thereof the word "contract";

On page three, section six, after the word "county" by inserting a period, striking out the words "and the" and inserting in lieu thereof the word "The";

On page three, subsection 7.1., after the words "forty-five days" by striking out the words "of receipt";

On page three, subsection 7.1., after the words "a denial" by striking out the words "shall have" and inserting in lieu thereof the word "has";

On page three, subsection 7.2., after the word "loan" by striking out the colon and the words "Provided that" and inserting in lieu thereof the word "if";

On page three, subsection 7.3., by striking out the words "a period not to exceed five years or";

On page three, subsection 7.3., after the words "length of the contract" by inserting a comma and the words "not to exceed five years";

On page three, subsection 7.3., after the word "services" by inserting a period and striking out the remainder of the sentence;

On page three, subsection 7.4., after the words "basis for" by striking out the word "repayment";

On page three, subsection 7.4., after the word "allow" by inserting the word "a";

On page three, subsection 7.4., by striking out the words "continuation for a period of" and inserting in lieu thereof the words "to continue for";

On page three, subsection 7.4., by striking out the word "total";

On page three, section 8., after the words "one request" by striking out the comma and the words "will be" and inserting in lieu thereof the word "is";

On page three, section 8., after the words "time of the request" by changing the comma to a period, striking out the word "the" and inserting in lieu thereof the word "The";

On page three, section 8., line five, after the words "presidential election" by changing the colon to a period and by striking out the remainder of the section;

On page three, section 9., after the words "The loan" by striking out the word "shall" and inserting in lieu thereof the word "may";

On page three, section 9., after the words "apply for" by striking out the words "matching funds" and inserting in lieu thereof the words "a loan";

On page four, section 10., after the words "voting system" by striking out the comma and the words "shall be" and inserting in lieu thereof the word "is";

On page four, section 10., after the words "loan proceeds" by striking out the comma and the words "that will be available to such counties under this loan program according to section 8 of this rule" and inserting in lieu thereof the words "available to any such county";

On page four, subsection 11.3., by placing quotation marks around the words "Nonpayment of the loan installments" and by striking out the words "shall mean" and inserting in lieu thereof the word "means";

On page four, subsection 11.4., by striking out the word "Any" inserting in lieu thereof the word "The Secretary of State will cease any";

On page four, subsection 11.4., after the words "legal action" by striking out the words "will cease";

And,

On page four, subsection 11.4., by striking out the words "shall be" and inserting in lieu thereof the word "is".

(b) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of sections nine-a and nine-b, article four-a, chapter three of this code, modified by the Secretary of State to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the tenth day of January, two thousand six, relating to the Secretary of State (public testing of ballot-marking voting systems and precinct ballot-scanning devices, 153 CSR 11), is authorized with the following amendments:

On page one, subsection 1.1., after the words "ballot scanning" by striking out the words "the approval and use of various types of vote recording devices" and inserting in lieu thereof the word "systems";

On page one, subdivision 2.1.a., after the words "system ballot" by striking out the comma;

On page one, section three, by striking out the word "will" and inserting in lieu thereof the word "shall";

And,

On page one, subsection 5.1., by striking out the word "annually" and inserting in lieu thereof the words "every two years".

(c) The legislative rule filed in the State Register on the twenty-first day of June, two thousand five, authorized under the authority of section three, article three, chapter thirty-nine-a of this code, modified by the Secretary of State to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the tenth day of January, two thousand six, relating to the Secretary of State (use of digital signatures, state certificate authority and state repository, 153 CSR 30), is authorized.
§64-9-15. Statewide Addressing and Mapping Board.

(a) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section five, article one, chapter twenty-four-e of this code, modified by the Statewide Addressing and Mapping Board to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the seventeenth day of October, two thousand five, relating to the Statewide Addressing and Mapping Board (final distribution and use of the statewide addressing and mapping fund, 169 CSR 3), is authorized with the following amendment:

On page two, subsection 2.1, following the words "in the fund" and the comma by striking the words "in the same proportions and manner as wireless enhanced 911 fees are distributed to county commissions under W. Va. Code §24-6-6b for the year in which the remaining amounts from the fund are distributed" and inserting the words "according to the formula contained in W. Va. Code §24-6- 6b(d)(1): Provided, That the provisions of §24-6-6b(d)(1) by which a county may receive a special eight and one-half tenths of one percent because of the date upon which it enacted its 911 ordinance are not applicable to the apportionment of funds transferred pursuant to this rule".

(b) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section nine, article one, chapter twenty-four-e of this code, modified by the Statewide Addressing and Mapping Board to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the eleventh day of October, two thousand five, relating to the Statewide Addressing and Mapping Board (standard fees for planimetric elevation data, 169 CSR 4), is authorized with the following amendments:

On page three, subdivision 2.2.a., following the word "Fund" and the period, by striking out the remainder of subdivision 2.2.a.;

And,

On page three, subdivision 2.2.b., following the word "purposes" and the period, by striking out the remainder of subdivision 2.2.b.
§64-9-16. Board of Veterinary Medicine.

(a) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section four, article ten, chapter thirty of this code, modified by the Board of Veterinary Medicine to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the seventh day of October, two thousand five, relating to the Board of Veterinary Medicine (organization and operation, 26 CSR 1), is authorized with the following amendments:

On page ten, subsection 9.4, by striking out the underlined words "or any authorized reporting agent";

On page eleven, subsection 9.5, by striking out the word "investigation" and striking out the underlined words "legal fees";

And,

On page eleven, subsection 9.5, by striking out the words "to the veterinarian who was the subject of disciplinary action" and inserting in lieu thereof the words "to a veterinarian against whom disciplinary action was taken".

(b) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section nine, article ten-a, chapter thirty of this code, modified by the Board of Veterinary Medicine to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the seventh day of October, two thousand five, relating to the Board of Veterinary Medicine (certified animal euthanasia technicians, 26 CSR 5), is authorized.

(c) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section four, article ten, chapter thirty of this code, relating to the Board of Veterinary Medicine (schedule of fees, 26 CSR 6), is authorized.

On motion of Senator Kessler, the following amendment to the House of Delegates amendment to the bill (Eng. Com. Sub. for S. B. No. 299) was reported by the Clerk:

On page four, section five, line eleven, after the word "authorized" by striking out the remainder of the section and inserting in lieu thereof a comma and the following: with the following amendment:
TITLE 149
LEGISLATIVE RULE
GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION
SERIES 5
MOTOR VEHICLE STOP DATA COLLECTION STANDARDS
FOR THE STUDY OF RACIAL PROFILING
§149-5-1. General.

1.1. Scope. -- This legislative rule establishes standards for the collection, reporting, compilation and analysis of data, for the purpose of studying the possible practice of racial profiling by law enforcement in West Virginia.

1.2. Authority. -- W. Va. Code §17G-2-3.

1.3. Filing Date. --

1.4. Effective Date. --
§149-5-2. Definitions.

2.1. "Chief executive" means the Superintendent of the State Police; the Chief Conservation Officer of the Division of Natural Resources; the sheriff of any West Virginia county; any administrative deputy appointed by the Chief Conservation Officer of Natural Resources; the chief of any West Virginia municipal law- enforcement agency; or the duly authorized designee of any chief executive.

2.2. "Composition of patrol area" means the demographic description of the population in the patrol area to include elements of ethnicity, national origin, gender and age.

2.3. "County" means any one of the fifty-five major political subdivisions of the state.

2.4. "Driver" or "operator" means the person who drives or is in actual physical control of a motor vehicle upon a highway, or who is exercising control over or steering a vehicle being towed by a motor vehicle.

2.5. "Governor's Committee on Crime, Delinquency and Correction" or "Governor's Committee" means the committee established as a state planning agency pursuant to W. Va. Code §15- 9-1.

2.6. "Gross data" means aggregate data regarding the information obtained pursuant to section 3 of this rule.

2.7. "Law-enforcement agency" means every West Virginia state, county or municipal agency with officers who are authorized to direct or regulate traffic or to make arrests or issue citations or warnings for violations of traffic laws and ordinances.

2.8. "Law-enforcement officer" or "officer" means any duly authorized member of a law-enforcement agency who is authorized to maintain public peace and order, prevent and detect crime, make arrests and enforce the laws of the state or any county or municipality of the state, including persons employed as campus police officers at state institutions of higher education and those persons employed as rangers by the Hatfield-McCoy Regional Recreation Authority.

2.9. "Minority group" means individuals of any ethnic descent, including, but not limited to, African-American, Hispanic, Native American, Middle Eastern, Asian or Pacific Islander.

2.10. "Municipality" means any incorporated town, village or city whose boundaries lie within the geographic boundaries of the state.

2.11. "Originating Agency Identifier" or "ORI Number" means the standard identification number assigned by the Federal Bureau of Investigations to law-enforcement and other agencies that submit data required for criminal justice purposes.

2.12. "Patrol area" means a clearly defined geographic area, identified by a number assigned by the chief law-enforcement official, that is established for the general purpose of providing a visible law-enforcement presence in the area, in order to (1) secure property and to protect the public from the risks of damage or injury arising from criminal activity; (2) respond to emergency and non-emergency demands of citizens in a timely manner; (3) conduct prevention and other proactive patrol tasks effectively; and (4) conduct all other patrol tasks effectively, including traffic control and special missions work.

2.13. "West Virginia Motor Vehicle Stop Form", or "MVSF", means the form developed by the Division of Motor Vehicles for collecting and reporting data for the study of racial profiling.
§149-5-3. Data collection.
3.1. Operator Information Collected.

3.1.a. Beginning January 1, 2007, each time a law-enforcement officer stops the operator of a motor vehicle for a violation of any motor vehicle statute or ordinance, the officer shall record, on the West Virginia Motor Vehicle Stop Form appended to this rule, the information required to be collected pursuant to subsection 5 of this section. The officer may complete the Motor Vehicle Stop Form during or immediately after the stop, but must file the completed form with his or her law-enforcement agency before the officer goes off duty.

3.1.b. A law-enforcement officer is required to record the information required to be collected pursuant to subsection 5 of this section only when the operator has been stopped for violating a motor vehicle statute or ordinance. A law-enforcement officer is not required to record such information as a result of a nonviolation stop, even if the initial nonviolation stop results in a citation or arrest.

3.2. Passenger Information Collected.

3.2.a. Beginning January 1, 2007, each time a law-enforcement officer stops the operator of a motor vehicle for a violation of any motor vehicle statute or ordinance, and as a result, conducts a search of a passenger in the vehicle, the officer shall record, on the West Virginia Motor Vehicle Stop Form appended to this rule, the information required to be collected pursuant to subsection 5 of this section. The officer may complete the Motor Vehicle Stop Form during or immediately after the stop, but shall file the completed form with his or her law-enforcement agency before the officer goes off duty.

3.2.b. A law-enforcement officer is required to record the information required to be collected pursuant to subsection 5 of this section with regard to a passenger who has been searched only when the operator of the vehicle has been stopped for violating a motor vehicle statute or ordinance. A law-enforcement officer is not required to record such information as a result of a nonviolation stop, even if the initial nonviolation stop results in a citation or arrest.

3.3. West Virginia Motor Vehicle Stop Form (MVSF). -- The MVSF shall allow for the recording of all of the information required to be collected by subsection 4 of this section and at a minimum be developed in hard copy format; however, nothing in this rule prohibits a law-enforcement agency from completing and/or submitting the information required to be collected in an electronic format, if a protocol for electronic filing is developed by the Division of Motor Vehicle. This form shall:

3.4. MVSF Components. -- The MVSF shall allow a law- enforcement officer to collect and record the following information.

3.4.a. A unique identifier (i.e., numeric, alphanumeric, barcode, etc.) which will distinguish one from all others.

3.4.b. The law-enforcement agency's complete Originating Agency Identifier (ORI number), or an abbreviated version of that identifier singularly unique to that particular law-enforcement agency.

3.4.c. The identity of each individual law-enforcement officer within his or her law-enforcement agency. The chief executive of the law-enforcement agency shall assign a unique four (4) digit identifier to each law-enforcement officer within his or her agency for this purpose.

3.4.d. The month, day and year of the stop.

3.4.e. The approximate hour and minute of the stop.

3.4.f. The approximate duration of the stop in hours and minutes.

3.4.i. The county in which the stop took place.

3.4.j. The location of stop by patrol area.

3.4.k. The traffic violation that was the primary reason for the stop to be indicated as follows:

3.4.k.1. Code violations:

3.4.k.1.A. Red light/stop sign;

3.4.k.1.B. Speeding (<10mph over);

3.4.k.1.C. Speeding (>10mph over);

3.4.k.1.D. Lane violation/failure to signal;

3.4.k.1.E. Other moving violation; or

3.4.k.1.F. Other nonmoving violation.

3.4.k.2. Penal code violations:

3.4.k.2.A. Nuisance/vice;

3.4.k.2.B. Suspicious circumstances;

3.4.k.2.C. Be on the lookout (BOLO)/wanted persons;

3.4.k.2.D. Property crime;

3.4.k.2.E. Violent crime; or

3.4.k.2.F. Local ordinance.

3.4.l. Disposition. -- One of the following dispositions of the stop:

3.4.l.1. Citation;

3.4.l.2. Warning;

3.4.l.3. No action.

3.4.m. The perceived identifying characteristics of the operator stopped, including:

3.4.m.1. The age of the operator;

3.4.m.2. Whether the operator was male or female.

3.4.m.3. Whether the operator was:

3.4.m.3.A. White (W);

3.4.m.3.B. Black/African American (B/AA);

3.4.m.3.C. Asian/Pacific Islander (A/PI);

3.4.m.3.D. Native American (NA);

3.4.m.3.E. Middle Eastern (ME); or

3.4.m.3.F. Other (Oth).

3.4.m.4. Whether the operator was:

3.4.m.4.A. Hispanic/Latino (H/L); or

3.4.m.4.B. Non-Hispanic/Latino (NH/L).

3.4.n. Whether a search was performed as a result of the stop and, if so:

3.4.n.1. The authority for the search to be indicated as follows:

3.4.n.1.A. Consent;

3.4.n.1.B. Reasonable Suspicion/Weapon;

3.4.n.1.C. Incident to Arrest;

3.4.n.1.D. Inventory;

3.4.n.1.E. Probable Cause;

3.4.n.1.F. Plain View;

3.4.n.1.G. Probation/Parole Waiver; and

3.4.n.1.H. Other.

3.4.n.2. Whether the search involved:

3.4.n.2.A. Officer;

3.4.n.2.B. Canine Unit;

3.4.n.2.C. Portable Breath Analyzer;

3.4.n.2.D. Drug Test Kit;

3.4.n.2.E. Warrant Check; and

3.4.n.2.F. Other.

3.4.n.3. The persons/items searched, to be indicated as:

3.4.n.3.A. Vehicle;

3.4.n.3.B. Driver;

3.4.n.3.C. Passenger(s);

3.4.n.3.D. Personal Effects; and

3.4.n.3.E. No Search Conducted.

3.4.n.4. The type of any contraband discovered or seized as a result of the search, to be indicated as follows:

3.4.n.4.A. None;

3.4.n.4.B. Illegal Drugs;

3.4.n.4.C. Drug Paraphernalia;

3.4.n.4.D. Alcohol;

3.4.n.4.E. Firearm(s);

3.4.n.4.F. Other Weapon(s);

3.4.n.4.G. Currency;

3.4.n.4.H. Stolen Property; and

3.4.n.4.I. Other.

3.4.n.5. If the search was of a passenger in the motor vehicle, the age, gender, and perceived race and ethnicity of the passenger searched.

3.5. Instructions detailing how an individual law-enforcement officer should complete and submit the form may be included on the MVSF itself, or provided to law-enforcement agencies or officers as an attachment.
§149-5-4. Designation of patrol area.

4.1. Patrol area of stop. The chief executive of every law- enforcement agency in the state shall establish one or more "Patrol areas" as defined at section 2.9A of this rule. The boundaries shall be easily recognizable to the law-enforcement officer, and the designation of the patrol area shall be identified by up to a three digit number that shall be entered by the officer on the Motor Vehicle Stop Form. The boundaries and designations of patrol areas shall be provided to all officers under the control of the agency and forwarded to the Governor's Committee on Crime, Delinquency and Correction for utilization in preparing the report to the legislature required by West Virginia Code.

4.2. Requirements for boundaries of patrol areas. The boundaries of the patrol areas shall be drawn to allow the determination of population demographics of the patrol area as a whole. Patrol areas may include whole or partial census tracts and whole census blocks. The maps provided to officers need not show this specific information, but only the boundaries of the patrol area using natural landmarks such as streets, streams, railroad tracks, or other boundaries as may be generally known to a community. Maps of patrol areas shall be forwarded to the Governor's Committee for approval of conformance to this sub- section.

4.3. County level law-enforcement agencies in counties with a population of 20,000 or fewer may designate the entire county as one patrol area. Law-enforcement agencies in cities or towns with a population of 5,000 or fewer may designate the entire city or town as one patrol area. Law-enforcement agencies with statewide jurisdiction shall utilize patrol areas established by the county of the stop.
§149-5-5. Training.

The chief executive officer of an law-enforcement agency shall, prior to January 1, 2007, provide to each law-enforcement officer of his or her agency, appropriate training on the proper completion of the Motor Vehicle Stop Form. All training shall be based on the instructions developed by the Division of Motor Vehicles pursuant to subsection 3 of this rule. Additional and or ongoing training may be required by the law-enforcement agency if improper reporting is identified.
§149-5-6. Data reporting.

6.1. Beginning January 1, 2007, each law-enforcement agency in this state shall submit completed MVSFs to the Division of Motor Vehicles, via United States Postal Service or by any other reputable mail delivery service, hand-delivery or by electronic means, if authorized by the Division of Motor Vehicles. MVSFs must be received by the Division of Motor Vehicles no later than close of business, normal operating hours, on the fifteenth (15th) day following the end of the reporting calendar month during which the information recorded on the form was collected.

6.2. All MVSFs shall be completed correctly, be free of dirt and debris, and be submitted in usable condition for the purposes outlined in this rule. Incomplete or rejected MVSF's will be returned to the law-enforcement agency for completion, correction and resubmission.

6.3. In furtherance of his or her responsibility to ensure that the requirements of this section are met, the chief executive shall periodically audit and review MVSFs submitted by law- enforcement officers within his or her agency to ensure that the facts surrounding traffic stops are not being intentionally misrepresented.

6.4. Failure to comply with the requirements of this section may subject a law-enforcement agency to the sanctions provided in West Virginia code §17G-2-2.
§149-5-6. Receipt and retention of MVSF.

MVSF Receiving and Retaining. -- The Division of Motor Vehicles shall establish a written policy designed to address the reasonably foreseeable complications which may arise as a result of receiving and retaining MVSFs submitted by a law-enforcement agency, whether in hard copy or electronic format. This policy may change, from time to time and at the discretion of the Division of Motor Vehicles, as necessity dictates. This policy shall include, but not be limited to:

6.1. A mechanism for identifying the time, day, date and year the MVSF was received by the Division of Motor Vehicles;

6.2. A mechanism for maintaining accurate and easily accessible data regarding the reporting habits of individual law- enforcement agencies; and

6.3. The identification of an appropriate and logistically feasible time period to retain MVSFs submitted in hard copy format; as well as any data stored electronically as a result of this rule.
§149-5-7. Data limitations and confidentiality.

7.1. Any and all data collected, reported, compiled and analyzed pursuant to this rule may be used only for the purposes outlined in this rule.

7.2. Except as provided for in section 8 of this rule, no official of the Division of Motor Vehicles, the Governor's committee or a law-enforcement agency may release information from an MVSF regarding the identity of any individual law-enforcement officer. The Governor's Committee and the chief executive of a law-enforcement agency shall make appropriate safeguards to protect the identity of individual law-enforcement officers collecting data required by this rule at all times.

§149-5-8. Individual law-enforcement agency data request and release.

8.1. The chief executive of a law-enforcement agency may request from the Division of Motor Vehicles, release of data regarding his or her law-enforcement agency and law-enforcement officers. The request must be in writing and must be received by the Division of Motor Vehicles no sooner than thirty (30) days after the end of the calendar month for which the data is being requested.

8.2. At a minimum, the data shall be organized in such a manner as to allow the chief executive to review the information collected from the MVSF by his or her particular agency and officers for a period of at least one calendar month.
§149-5-9. Division of Motor Vehicles responsibilities.

The Division of Motor Vehicles and the Governor's Committee on Crime, Delinquency and Correction have reduced to writing in a memorandum of understanding, the duties required of the DMV pursuant to §17G-2-3. This memorandum contains the protocols by which the Division of Motor vehicles will collect the data required, and by which the data will be conveyed to the Governor's Committee for analysis and preparation of its annual report.
§149-5-10. Governor's Committee on Crime, Delinquency and Correction annual report.

The Governor's Committee shall analyze and report its finding pursuant to West Virginia Code §17G-2-3. The Criminal Justice Statistical Analysis Center, a unit of the Governor's Committee, shall use its discretion to determine the methodology necessary to meet the analytic reporting requirements of §17G-2-3 consistent with the data made available to it.

The question being on the adoption of Senator Kessler's amendment to the House of Delegates amendment to the bill (Eng. Com. Sub. for S. B. No. 299).

At the request of Senator Kessler, unanimous consent being granted, further consideration of the message on the bill and Senator Kessler's pending amendment to the House of Delegates amendment was deferred until the conclusion of House messages now lodged with the Clerk.

Eng. Com. Sub. for Senate Bill No. 517, Requiring multidisciplinary treatment team for certain juveniles.

On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.

The following House of Delegates amendment to the bill was reported by the Clerk:

On page twelve, section three, lines ninety-seven through one hundred one, by striking out all of subsection (e) and inserting in lieu thereof a new subsection (e), to read as follows:

(e) Nothing in this section may be construed to require a multidisciplinary team meeting to be held prior to temporarily placing a child out of home under exigent circumstances or upon a court order placing the juvenile in a juvenile facility operated by the Division of Juvenile Services.

On motion of Senator Chafin, the Senate concurred in the House of Delegates amendment to the bill.

Engrossed Committee Substitute for Senate Bill No. 517, as amended by the House of Delegates, was then put upon its passage.

The nays were: None.

Absent: None.

So, a majority 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) passed with its title.

Senator Chafin moved that the bill take effect from passage.

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 S. B. No. 517) takes effect from passage.

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

A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendments, as to

Eng. Com. Sub. for Senate Bill No. 754, Clarifying risk categories covered by farmers' mutual insurance companies.

On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.

The following House of Delegates amendments to the bill were reported by the Clerk:

On page six, section eight, line sixty-seven, after the word "code," by inserting the words "a 'wheelchair', as defined in section sixty-five, article one, chapter seventeen-c of this code, and any similar vehicle used by persons with disabilities, a 'golf cart' while used for golfing";

On page seven, section eight, line eighty-four, by striking out the words "at least seventy-five percent" and inserting in lieu thereof the words "a majority";

And,

On page seven, section eight, line ninety-one, by striking out the word "six" and inserting in lieu thereof the word "five".

On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.

Engrossed Committee Substitute for Senate Bill No. 754, as amended by the House of Delegates, was then put upon its passage.

The nays were: None.

Absent: None.

So, a majority 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. 754) passed with its title.

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

A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to

Eng. Senate Bill No. 778, Relating to State Conservation Committee and conservation districts.

On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.

The following House of Delegates amendment to the bill was reported by the Clerk:

On page two, by striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 21A. CONSERVATION DISTRICTS.
§19-21A-2. Legislative determinations and declaration of policy.

It is hereby declared, as a matter of legislative determination:

(a) That the farm and grazing lands of the State of West Virginia are among the basic assets of the state and that the preservation of these lands is necessary to protect and promote the health, safety and general welfare of its people; that improper land-use practices have caused and have contributed to, and are now causing and contributing to, a progressively more serious erosion of the farm and grazing lands of this state by water; that the breaking of natural grass, plant and forest cover has interfered with the natural factors of soil stabilization, causing loosening of soil and exhaustion of humus and developing a soil condition that favors erosion; that the topsoil is being washed out of fields and pastures; that there has been an accelerated washing of sloping fields; that these processes of erosion by water ~~speed up~~ and flooding is increased with removal of absorptive topsoil, causing exposure of less absorptive and less protective but more erosive subsoil; that failure by any landowner to conserve the soil and control erosion upon his lands causes a washing of soil and water from his or her lands onto other lands and makes the conservation of soil and control of erosion of such other lands difficult or impossible and increases the potential damages from flooding.

(b) That the consequences of such soil erosion in the form of soil washing are the silting and sedimentation of stream channels, reservoirs, dams, ditches and harbors; the piling up of soil on lower slopes and its deposit over alluvial plains; the reduction in productivity or outright ruin of rich bottom lands by overwash of poor subsoil material, sand and gravel swept out of the hills; deterioration of soil and its fertility, deterioration of crops grown thereon and declining acre yields despite development of scientific processes for increasing such yields; loss of soil and water which causes destruction of food and cover for wildlife; the washing of soil into streams which silts over spawning beds and destroys water plants, diminishing the food supply of fish; a diminishing of the underground water reserve which causes water shortages, intensifies periods of drought and causes crop failures; an increase in the speed and volume of rainfall runoff, causing more severe and ~~increasing~~ more numerous floods which bring suffering, disease and death; impoverishment of families attempting to farm eroding and eroded lands; damage to roads, highways, railways, farm buildings and other property from floods; and losses in navigation, hydroelectric power, municipal water supply, irrigation developments, farming, ~~and~~ grazing and reduction of suitable land available for homes and businesses.

(c) That to conserve soil resources and control and prevent soil erosion and prevent floodwater and sediment damage and further the conservation, development, utilization and disposal of water, it is necessary that land-use practices contributing to soil wastage and soil erosion be discouraged and discontinued and appropriate soil-conserving land-use practices and works of improvement for flood prevention or the conservation, development, utilization and disposal of water be adopted and carried out; that among the procedures necessary for widespread adoption are ~~the carrying on of~~ engineering operations such as the construction of terraces, terrace outlets, dams, desilting basins, floodwater retarding structures, channel improvements, floodways, dikes, ponds, ditches and the like; the utilization of strip cropping, lister furrowing, contour cultivating and contour furrowing; land drainage; land irrigation; seeding and planting of waste, sloping, abandoned or eroded lands to with water-conserving and erosion-preventing plants, trees and grasses; forestation and reforestation; rotation of crops; soil stabilization with trees, grasses, legumes and other thick-growing, soil-holding crops; retardation of runoff by increasing absorption of rainfall; and retirement from cultivation of steep, highly erosive areas and areas now badly gullied or otherwise eroded.

(d) It is hereby declared to be the policy of the Legislature to provide for the conservation of the soil and soil resources of this state, for the control and prevention of soil erosion, for the prevention of floodwater and sediment damage and for furthering the conservation, development, utilization and disposal of water, and thereby to preserve natural resources, control floods, prevent impairment of dams and reservoirs, assist in maintaining the navigability of rivers and harbors, preserve wildlife, protect the tax base, protect public lands and protect and promote the health, safety and general welfare of the people of this state.

(e) This article contemplates that the incidental cost of organizing conservation districts will be borne by the state, while the expense of operating the districts so organized will be provided by donations, gifts, contributions, grants and appropriations, in money, services, materials or otherwise, from the United States or any of its agencies, from the State of West Virginia or from other sources, with the understanding that the owners or occupiers will contribute funds, labor, materials and equipment to aid ~~the~~ in carrying out of erosion control measures on their lands.
§19-21A-3. Definitions.

Wherever used or referred to in this article, unless a different meaning clearly appears from the context:

(1) "Agency of this state" ~~includes~~ means the government of this state and any subdivision, agency or instrumentality, corporate or otherwise, of the government of this state.

(2) "Committee" or "State Conservation Committee" means the agency created in section four of this article.

(3) "District" or "conservation district" means a subdivision of this state, organized in accordance with the provisions of this article, for the purposes, with the powers and subject to the restrictions hereinafter set forth.

(4) "Governing body" means the supervisors of any conservation district, town or city, council, city commission, county court or body acting in lieu of a county court, in this state, and the term "governmental division" means any conservation district, town, city or county in this state.

(5) "Land occupier" or "occupier of land" ~~includes~~ means any person, firm or corporation who shall hold title to, or shall be in possession of, any lands lying within a district organized under the provisions of this article, whether as owner, lessee, renter or tenant.

(6) "Landowners" or "owners of land" ~~includes~~ means any person or persons, firm or corporation who ~~shall hold~~ holds title to ~~three or more acres of~~ any lands lying within a district organized under the provisions of this article.

(7) "Notice" means notice published as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code and the publication area for such publication shall be the county in which is located the appropriate area. At any hearing held pursuant to such notice at the time and place designated in such notice, adjournment may be made, from time to time, without the necessity of renewing such notice for such adjournment dates.

(8) "Petition" means a petition filed under the provisions of subsection (a), section five of this article for the creation of a district.

(9) "Soil conservation", "erosion control" or "erosion prevention projects" ~~when used throughout the article, shall denote~~ means those projects that have been established by federal agencies in cooperation with state agencies for the purpose of demonstrating soil erosion control and water conservation practices.

(10) "State" means the State of West Virginia.

(11) "Supervisor" means one of the members of the governing body of a district, elected or appointed in accordance with the provisions of this article.

(12) "United States" or "agencies of the United States" ~~includes~~ means the United States of America, Natural Resources Conservation Service of the United States Department of Agriculture and any other agency or instrumentality, corporate or otherwise, of the United States of America.

(13) "Works of improvement" means such structures as may be necessary or convenient for flood prevention or the conservation, development, utilization or disposal of water.
§19-21A-4. State Conservation Committee; continuation.

(a) The State Conservation Committee is continued. It serves as an agency of the state and is to perform the functions conferred upon it in this article. The committee consists of the following ten members:

(1) Four citizen members;

(2) The following ex officio members or his or her designee:

(A) The Director of the State Cooperative Extension Service;

(B) The Director of the State Agricultural and Forestry Experiment Station;

(D) The State Commissioner of Agriculture, who is the chairperson of the committee;

(E) The Director of the Division of Forestry; and

(F) The President of the West Virginia Association of Conservation Districts.

(b) The Governor shall appoint, by and with the consent of the Senate, the four citizen members. Members shall be appointed for four-year terms, which are staggered in accordance with the initial appointments under prior enactment of this section. In the event of a vacancy, the appointment is for the unexpired term.

(c) The committee may invite the Secretary of Agriculture of the United States of America to appoint one person to serve with the committee as an advisory member.

(d) The committee shall keep a record of its official actions, shall adopt a seal, which shall be judicially noticed, and may perform those acts, hold public hearings and adopt or propose for legislative approval rules necessary for the execution of its functions under this article.

(e) The State Conservation Committee may employ an administrative officer, technical experts and other agents and employees, permanent and temporary, as it requires. The administrative officer and support staff shall be known as the West Virginia Conservation Agency. The committee shall determine their qualifications, duties and compensation. The committee may call upon the Attorney General of the state for legal services it requires. It may delegate to its chairperson, to one or more of its members, or to one or more agents or employees powers and duties it considers proper. The committee may secure necessary and suitable office accommodations and the necessary supplies and equipment. Upon request of the committee, for the purpose of carrying out any of its functions, the supervising officer of any state agency or of any state institution of learning shall, insofar as may be possible, under available appropriations and having due regard to the needs of the agency to which the request is directed, assign or detail to the committee, members of the staff or personnel of the agency or institution of learning and make special reports, surveys or studies required by the committee.

(f) A member of the committee holds office so long as he or she retains the office by virtue of which he or she is serving on the committee. A majority of the committee is a quorum and the concurrence of a majority in any matter within their duties is required for its determination. The chairperson and members of the committee may receive no compensation for their services on the committee, but are entitled to reimbursement of expenses, including traveling expenses necessarily incurred in the discharge of their duties on the committee. The committee shall:

(1) Require the execution of surety bonds for all employees and officers who are entrusted with funds or property;

(2) Provide for the keeping of a full and accurate public record of all proceedings and of all resolutions, rules and orders issued or adopted; and

(3) Provide for an annual audit of the accounts of receipts and disbursements.

(g) In addition to other duties and powers conferred upon the State Conservation Committee, it may:

(1) Offer appropriate assistance to the supervisors of conservation districts, organized as provided in this article, in the carrying out of any of their powers and programs;

(2) Keep the supervisors of each of the several districts, organized under the provisions of this article, informed of the activities and experience of all other districts organized under this article and facilitate an interchange of advice and experience between the districts and cooperation between them;

(3) Coordinate the programs of the several conservation districts so far as this may be done by advice and consultation;

(4) Secure the cooperation and assistance of the United States and any of its agencies and of agencies of this state in the work of the districts;

(5) Disseminate information throughout the state concerning the activities and programs of the conservation districts and encourage the formation of the districts in areas where their organization is desirable;

(6) Accept and receive donations, gifts, contributions, grants and appropriations in money, services, materials or otherwise from the United States or any of its agencies, from the State of West Virginia or from other sources and use or expend the money, services, materials or other contributions in carrying out the policy and provisions of this article, including the right to allocate the money, services or materials in part to the various conservation districts created by this article in order to assist them in carrying on their operations; and

(7) Obtain options upon and acquire by purchase, exchange, lease, gift, grant, bequest, devise or otherwise any property, real or personal, or rights or interests in the property; maintain, administer, operate and improve any properties acquired; receive and retain income from the property and to expend the income as required for operation, maintenance, administration or improvement of the properties or in otherwise carrying out the purposes and provisions of this article; and sell, lease or otherwise dispose of any of its property or interests in the property in furtherance of the purposes and the provisions of this article. Money received from the sale of land acquired in the small watershed program shall be deposited in the special account of the State Conservation Committee and expended as provided in this article.

(8) To promulgate emergency and legislative rules to effectuate the provisions of this article as amended and reenacted by the Legislature during the regular session of the Legislature in the year two thousand five.

(9) Upon a Governor's proclamation declaring a state of emergency or federal disaster declaration, the state committee, its employees or agents may enter any water of the state for the purpose of removing debris and other obstruction which impede water flow and present additional flood hazards. The agency shall make reasonable efforts to secure the permission of the landowner before entering any private property in connection with these removal activities. The exercise of this limited authority does not constitute taking of private property or trespass. This authority shall continue for the duration of the Governor's proclamation or the federal disaster declaration.

(10) The State Conservation Committee is continued until the first day of July, two thousand twelve, pursuant to the provisions of article four, chapter ten of the Code of West Virginia, unless sooner terminated, continued or reestablished pursuant to the provisions of said article.
§19-21A-5. Continuation of conservation districts.

The conservation districts formed throughout the state under the prior enactments of this section are continued and shall remain in effect until reformed or reorganized as provided in section fourteen of this article.
§19-21A-6. Election of supervisors for each district; filling vacancies.

Within thirty days after the date of issuance by the Secretary of State of a certificate of organization of a conservation district, nominating petitions may be filed with the state conservation committee to nominate candidates for supervisors of the district.
(a) Beginning with the two thousand eight general election, each county in a district shall elect two nonpartisan supervisors: Provided, That any county with a population of one hundred thousand based on the most recent decennial census shall elect one additional supervisor and any county with a population over one hundred thousand based on the most recent decennial census shall elect one additional supervisor for each fifty thousand residents over one hundred thousand.

(b) A candidate for supervisor shall own land in the district and have the education, training or experience necessary to carry out the duties required by this article and rules promulgated thereunder. A candidate shall file with the committee a sworn written statement specifying that he or she meets the requirements of office. A candidate may not be placed on the ballot or be seated as a supervisor unless he or she meets ~~these~~ the requirements.

(c) The committee shall provide a list of qualified candidates to the Secretary of State no less than ninety days prior to any election for supervisor ~~at the time and~~ in the manner specified by the secretary.

(d) ~~The committee shall have authority to extend the time within which nominating petitions may be filed.~~ No nominating petition ~~shall~~ may be accepted by the committee unless it is subscribed by twenty-five or more owners of lands lying within the boundaries of the district and within the boundaries of the county in which the candidate resides. ~~Registered voters~~ Landowners in the district may sign more than one nominating petition to nominate more than one candidate for supervisor.

(e) All registered voters in the district ~~shall be~~ are eligible to vote in the election for ~~two~~ candidates from the county ~~or portion thereof~~ within the boundaries of the district in which ~~they reside~~ the voter resides. The ~~two~~ candidates in each county who receive the largest number of votes cast in the election shall be elected supervisors for ~~district~~ that county.

(f) Supervisors shall be elected in the general election to be conducted in the year two thousand eight as nonpartisan candidates. Thereafter, supervisors shall be elected in the primary election. The term of office for the candidate for supervisor receiving the highest number of votes in the general election of two thousand eight shall be for four years; the candidate for supervisor receiving the second highest number of votes in the general election of two thousand eight shall be for two years~~, commencing on the first day of January, two thousand nine, and ending on the thirty-first day of December, two thousand eleven~~. In counties where more than two supervisors are elected in the general election of two thousand eight the two supervisors receiving the highest number of votes shall serve for four years and the remaining supervisor or supervisors shall serve for two years. Subsequent terms of office for supervisors elected thereafter shall be for four years. The provisions of chapter three of this code shall apply to election of supervisors.

(g) Persons currently holding the position of supervisor shall, regardless of the expiration of the currently designated term of office, continue to serve until the ~~two thousand eight~~ election and qualification of his or her successor. ~~Unless otherwise provided or in conflict with this article, the provisions of chapter three shall apply to election of supervisors~~
(h) Any vacancy occurring in the office of supervisor shall be filled by the committee by appointment of a person from the county in which the vacancy occurs. Within fifteen days after the vacancy occurs, the district shall submit a list of names of persons qualified to be a supervisor. If the unexpired term is for less than two years and two months, the appointed person shall hold office until the expiration of the term. If the unexpired term is for more than two years and two months, the appointed person shall hold the office until a successor is elected in the next primary or general election and qualified.

§19-21A-7. Supervisors to constitute governing body of district; qualifications and terms of supervisors; powers and duties.

(a) The governing body of the district consists of the supervisors, appointed or elected, as provided in this article. The supervisors shall be persons who are by training and experience qualified to perform the specialized skilled services which are required of them in the performance of their duties under this section and shall be legal residents and landowners in the district.

(b) The supervisors shall designate a chairperson and may, from time to time, change the designation. On and after the election of supervisors in two thousand eight, the term of office of each elected supervisor is four years. A supervisor holds office until his or her successor has been elected or appointed. In case a new county ~~or portion of a county~~ is added to a district, the committee may appoint ~~a supervisor~~ two supervisors to represent it the county until the next regular election of supervisors for the district takes place. If a vacancy occurs among the elected supervisors of a district, the committee shall appoint a successor from the same county to fill the unexpired term. The appointment shall be made from a name or list of names submitted by the conservation district.

(c) A supervisor is entitled to reasonable and necessary expenses and a per diem ~~not to exceed thirty dollars~~ of not more than one hundred fifty dollars nor less than thirty dollars when engaged in the performance of his or her duties. The expense and per diem rate shall be established by the state committee based on availability of funds.

(d) The supervisors may, with the approval of the State Conservation Committee, employ a secretary, dam monitors, technical experts and any other officers, agents and employees, permanent and temporary, either with or without compensation, as they may require and shall determine their qualifications, duties and compensation, if any. Dam monitors, as specified in any emergency action plan or monitoring plan approved by the Department of Environmental Protection pursuant to its dam safety rules, pertaining to a flood control structure operated or maintained by a soil conservation district, and any other employees, agents or officers employed pursuant to this section, are "employees" of the district within the meaning of subsection (a), section three, article twelve-a, chapter twenty-nine of this code.

(e) The supervisors may delegate to their chairperson, to one or more supervisors or to one or more agents, or employees, those administrative powers and duties they consider proper. The supervisors shall furnish to the State Conservation Committee, upon request, copies of the ordinances, rules, orders, contracts, forms and other documents they adopt or employ and any other information concerning their activities required in the performance of State Conservation Committee's duties under this article.

~~(e)~~ (f) The supervisors shall:

(1) Require the execution of surety bonds for all employees and officers who are entrusted with funds or property;

(2) Provide for the keeping of a full and accurate record of all proceedings and of all resolutions, rules and orders issued or adopted; and

(3) Provide for an annual audit of the accounts of receipts and disbursements.

~~(f)~~ (g) Any supervisor may be removed by the State Conservation Committee upon notice and hearing for neglect of duty or malfeasance in office, but for no other reason.

~~(g)~~ (h) The supervisors may invite the legislative body of any municipality or county located near the territory comprised within the district to designate a representative to advise and consult with the supervisors of a district on all questions of program and policy which may affect the property, water supply or other interests of the municipality or county.
§19-21A-8. Powers of districts; additional powers of supervisors.

A conservation district organized under the provisions of this article and the supervisors thereof shall have the following powers, in addition to others granted in other sections of this article:

(1) To conduct surveys, investigations and research relating to the character of soil erosion and floodwater and sediment damage and to the conservation, development, utilization and disposal of water and the preventive and control measures needed to publish the results of such surveys, investigations or research and to disseminate information concerning such preventive and control measures and works of improvement: Provided, That in order to avoid duplication of research activities, no district shall initiate any research program or publish the results except with the approval of the state committee and in cooperation with the government of this state or any of its agencies, or with the United States or any of its agencies;

(2) To conduct demonstrational projects within the district on lands owned or controlled by this state or any of its agencies, with the consent and cooperation of the agency administering and having jurisdiction thereof, and on any other lands within the district upon obtaining the consent of the owner and occupier of the lands or the necessary rights or interests in the lands in order to demonstrate by example the means, methods and measures by which soil and soil resources may be conserved and soil erosion in the form of soil washing may be prevented and controlled and works of improvement may be carried out;

(3) To carry out preventive and control measures and works of improvement within the district, including, but not limited to, engineering operations, methods of cultivation, the growing of vegetation, changes in use of land and the measures listed in subsection (c), section two of this article on lands owned or controlled by this state or any of its agencies with the consent and cooperation of the agency administering and having jurisdiction thereof and on any other lands within the district upon obtaining the consent of the owner and occupier of such lands or the necessary rights or interests in such lands;

(4) To cooperate, or enter into agreements with, and within the limits of appropriations duly made available to it by law, to furnish financial or other aid to any agency, governmental or otherwise, or any occupier of lands within the district in the carrying on of erosion-control and prevention operations and works of improvement within the district, subject to such conditions as the supervisors may deem necessary to advance the purposes of this article;

(5) To obtain options upon and to acquire, by purchase, exchange, lease, gift, grant, bequest, devise or otherwise, any property, real or personal, or rights or interests therein; to institute condemnation proceedings to acquire any property, real or personal, or rights or interests therein, whether or not located in the district, required for works of improvement; to maintain, administer and improve any properties acquired, to receive income from such properties and to expend such income in carrying out the purposes and provisions of this article; and to sell, lease or otherwise dispose of any of its property or interests therein in furtherance of the purposes and the provisions of this article;

(6) To make available, on such terms as it shall prescribe, to land occupiers within the district agricultural and engineering machinery and equipment, fertilizer, seeds and seedlings and such other material or equipment as will assist such land occupiers to carry on operations upon their lands for the conservation of soil resources and for the prevention and control of soil erosion and for flood prevention or the conservation, development, utilization and disposal of water;

(7) To construct, improve, operate and maintain such structures as may be necessary or convenient for the performance of any of the operations authorized in this article;

(8) To develop with the approval of the state committee comprehensive plans for the conservation of soil resources and for the control and prevention of soil erosion and for flood prevention or the conservation, development, utilization and disposal of water within the district. The plans shall specify, in as much detail as may be possible, the acts, procedures, performances and avoidances which are necessary or desirable for the effectuation of such plans, including the specification of engineering operations, methods of cultivation, the growing of vegetation, cropping programs, tillage practices and changes in use of land; and to publish such plans and information and bring them to the attention of occupiers of lands within the district;

(9) To take over, by purchase, lease or otherwise, and to administer any soil-conservation, flood-prevention, drainage, irrigation, water-management, erosion-control or erosion-prevention project, or combinations thereof, located within its boundaries, undertaken by the United States or any of its agencies, or by this state or any of its agencies; to manage, as agent of the United States or any of its agencies, or of this state or any of its agencies, any soil-conservation, flood-prevention, drainage, irrigation, water-management, erosion-control or erosion-prevention project, or combinations thereof, within its boundaries; to act as agent for the United States or any of its agencies, or for this state or any of its agencies, in connection with the acquisition, construction, operation or administration of any soil-conservation, flood-prevention, drainage, irrigation, water-management, erosion- control or erosion-prevention project, or combinations thereof, within its boundaries; to accept donations, gifts, contributions and grants in money, services, materials or otherwise, from the United States or any of its agencies, or from this state or any of its agencies, or from any other source and to use or expend such money, services, materials or other contributions in carrying on its operations;

(10) To sue and be sued in the name of the district; to have a seal, which shall be judicially noticed; to have perpetual succession unless terminated as hereinafter provided; to make and execute contracts and other instruments, necessary or convenient to the exercise of its powers; to make and, from time to time, amend and repeal rules and regulations not inconsistent with this article to carry into effect its purposes and powers;

(11) As a condition to this extending of any benefits under this article to, or the performance of work upon, any lands, the supervisors may require contributions in money, services, materials or otherwise to any operations conferring such benefits and may require land occupiers to enter into and perform such agreements or covenants as to the permanent use of such lands as will tend to prevent or control erosion and prevent floodwater and sediment damage thereon;

(12) No provisions with respect to the acquisition, operation or disposition of property by other public bodies shall be applicable to a district organized hereunder in its acquisition, operation and disposition of property unless the Legislature shall specifically so state;

(13) To enter into contracts and other arrangements with agencies of the United States, with persons, firms or corporations, including public corporations, with the state government of this state or other states, or any department or agency thereof, with governmental divisions, with soil conservation, drainage, flood control, soil erosion or other improvement districts in this state or other states, for cooperation or assistance in constructing, improving, operating or maintaining works of improvement within the district, or in preventing floods, or in conserving, developing, utilizing and disposing of water in the district, or for making surveys, investigations or reports thereof; and to obtain options upon and acquire property, real or personal, or rights or interests therein, in other districts or states required for flood prevention or the conservation, development, utilization and disposal of water within the district and to construct, improve, operate or maintain thereon or therewith works of improvement.

§19-21A-9. Cooperation between districts.

The supervisors of any two or more districts organized under the provisions of this article may cooperate with one another in the exercise of any or all powers conferred in this article.

§19-21A-10. Cooperation between state agencies and districts.

Agencies of this state which have jurisdiction over or be charged with the administration of any state-owned lands, and of any county, or other governmental subdivision of the state, which have jurisdiction over, or be charged with the administration of, any county-owned or other publicly owned lands, lying within the boundaries of any district organized hereunder, may cooperate with the supervisors of the districts in the effectuation of programs and operations undertaken by the supervisors under the provisions of this article. When such cooperation is undertaken, the supervisors of the districts shall be given free access to enter and perform work upon the publicly owned lands.

§19-21A-11. Authority of governmental divisions to expend money for works of improvement; levy.

The governing body of any governmental division which may reasonably be expected to receive a benefit from the construction, improvement, operation or maintenance of any works of improvement may expend money for such construction, improvement, operation or maintenance if this expectation exists as to any part of the governmental division and even though such works of improvement are not located within the corporate limits of the governmental division or are not within this state: Provided, That if the expenditure is not made directly by the governmental division for such purpose, it shall be made only through a conservation district or watershed improvement district organized under the laws of this state, but it shall not be necessary that any part of the governmental division be within the limits of the district through which the expenditure is made. The governing bodies or governmental divisions may set up in their respective budgets funds to be spent for such purposes and municipalities and counties may levy and collect taxes for such purposes in the manner provided by law: Provided, however, That in case sufficient funds cannot be raised by ordinary levies, additional funds may be raised by municipalities and counties as provided by section sixteen, article eight, chapter eleven of this code.
§19-21A-12. Assurances of cooperation by governmental division.

(a) By vote of the governing body, any governmental division authorized to expend money on works of improvement by section eleven of this article may alone, or in combination with any other governmental division or divisions authorized to expend money on works of improvement, give assurances, by contract or otherwise, satisfactory to agencies of the United States, congressional committees or other proper federal authority and to conservation districts or watershed improvement districts organized under the laws of this state that the governmental division or divisions will construct, improve, operate or maintain works of improvement or will appropriate a sum or sums of money and expend it for such purposes as provided in section eleven of this article.

(b) The assurances, whether by contract or otherwise, shall be reduced to writing and before final approval of the governing bodies involved shall be submitted to the Attorney General for approval. After approval by the Attorney General and by the governing body or bodies concerned, certified copies of the assurances shall be filed in the office of the county clerk of the county or counties in which the governmental division is located and in the office of the state Tax Commissioner.

§19-21A-13. Contracts with district for construction of flood control projects; power to borrow money; levy.

The county commission of each county and the governing body of each municipality in the state are hereby authorized and empowered to enter into a contract or agreement with the conservation district or districts for the purpose of constructing flood control projects within their respective counties or municipalities or adjacent thereto and to use the projects as recreational areas or public parks. For the purpose of defraying the cost of any such project or projects, the county commission or the governing body of any municipality is hereby authorized to borrow from the federal government or from any federal agency having money to loan, a sum sufficient to cover the cost of such project or projects. For the purpose of retiring any indebtedness incurred under the provisions of this section, notwithstanding any other provisions of law, the county commission or the governing body of any municipality is hereby authorized to lay and impose a county or citywide levy as the case might be.
§19-21A-14. Discontinuing and reforming districts.

(a) At any time after five years following the organization of a district under the provisions of this article, any twenty-five owners of land lying within the boundaries of a district may file a petition with the State Conservation Committee praying that the district be discontinued and the county or counties of the district be added to another district or districts.

(b) The committee shall conduct one or more public meetings or public hearings upon the petition in the affected county or counties, including the district or districts which may accept one or more counties from the district being discontinued. After the public meetings or hearings have been held by the committee, it shall notify the Secretary of State that a referendum question is to be added to the ballot of the next primary or general election to be held in the county or counties of the affected districts.

(c) The questions shall be submitted by ballots or electronic voting system upon which the words "For discontinuing the (name of the conservation district to be here inserted) and adding __________ (county or counties) to ____________ (district or districts) (If one or more counties in a district are to be combined with one or more other districts, each combination must be specified.)" and "Against discontinuing the (name of the conservation district to be here inserted)" shall appear, with a square before each proposition and a direction to mark the square before one or the other of the propositions as the voter may favor or oppose discontinuance of the district. All registered voters lying within the boundaries of the district to be discontinued and the district or districts to which all or part of the district being discontinued may be added are eligible to vote on the referendum.

(d) If a majority of the votes cast in the referendum are in favor of discontinuing the district, the supervisors shall proceed to terminate the affairs of the district. The supervisors of the district being discontinued shall file an application to discontinue the district with the Secretary of State. The application shall recite the process undertaken in discontinuing the district and the distribution of the property, assets, liabilities, contracts, duties and responsibilities and transfer of territory to one or more districts.

(e) The Secretary of State shall issue to the supervisors a certificate of discontinuance and shall record the certificate in an appropriate book of record in his or her office.

(f) The supervisors of the district or districts gaining all or part of the discontinued district shall file an application with the Secretary of State adding the additional territory to such district or districts.

(g) The property, assets, liabilities, contracts, duties and responsibilities of the district shall be assigned in accordance with the division of the district.

(h) All contracts entered into by the district being discontinued or its supervisors are parties shall remain in force and effect for the period provided in the contract. The reformed district receiving the assets, liabilities, duties and responsibilities related to the contract shall be substituted for the district or supervisors as party to such contracts. The reformed district shall be entitled to all benefits and subject to all liabilities under such contract and have the same right and liability to perform, to require performance, to sue and be sued thereon and to modify or terminate such contracts by mutual consent or otherwise, as the supervisor or district would have had.

(i) The State Conservation Committee shall not entertain petitions for the discontinuance of any district nor conduct referenda upon such petitions nor make determinations pursuant to such petitions in accordance with the provisions of this article more often than once in three years.

On motion of Senator Chafin, the Senate concurred in the House of Delegates amendment to the bill.

Engrossed Senate Bill No. 778, as amended by the House of Delegates, was then put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 778) passed with its title.

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

Eng. Senate Bill No. 783, Relating to National Board for Professional Teaching Standards certification.

On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.

The following House of Delegates amendments to the bill were reported by the Clerk:

On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:

That §18A-1-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that said code be amended by adding thereto a new section, designated §18A-2-9a; that §18A-4-2a of said code be amended and reenacted; and that said code be amended by adding thereto a new section, designated §18A-4-2b, all to read as follows:

ARTICLE 1. GENERAL PROVISIONS.

§18A-1-1. Definitions.

The definitions contained in section one, article one, chapter eighteen of this code apply to this chapter. In addition, the following words used in this chapter and in any proceedings pursuant to this chapter shall, unless the context clearly indicates a different meaning, be construed as follows:

(a) "School personnel" means all personnel employed by a county board whether employed on a regular full-time basis, an hourly basis or otherwise. School personnel shall be comprised of two categories: Professional personnel and service personnel;

(b) "Professional personnel" means persons who meet the certification requirements of the state, licensing requirements of the state or both and includes the professional educator and other professional employees;

(c) "Professional educator" has the same meaning as "teacher" as defined in section one, article one, chapter eighteen of this code. Professional educators shall be classified as:

(1) "Classroom teacher" means a professional educator who has direct instructional or counseling relationship with pupils, spending the majority of his or her time in this capacity;

(2) "Principal" means a professional educator who, as agent of the county board, has responsibility for the supervision, management and control of a school or schools within the guidelines established by the county board. The major area of the responsibility shall be the general supervision of all the schools and all school activities involving pupils, teachers and other school personnel;

(3) "Athletic director" means a professional educator who is responsible for supervising the management and operation of the athletic programs and activities of the school to which he or she is assigned;

~~(3)~~ (4) "Supervisor" means a professional educator who, whether by this or other appropriate title, is responsible for working primarily in the field with professional and other personnel in instructional and other school improvement; and

~~(4)~~ (5) "Central office administrator" means a superintendent, associate superintendent, assistant superintendent and other professional educators, whether by these or other appropriate titles, who are charged with the administering and supervising of the whole or some assigned part of the total program of the countywide school system;

(d) "Other professional employee" means that person from another profession who is properly licensed and is employed to serve the public schools and includes a registered professional nurse, licensed by the West Virginia Board of Examiners for Registered Professional Nurses and employed by a county board, who has completed either a two-year (sixty-four semester hours) or a three-year (ninety-six semester hours) nursing program;

(e) "Service personnel" means those who serve the school or schools as a whole, in a nonprofessional capacity, including such areas as secretarial, custodial, maintenance, transportation, school lunch and as aides;

(f) "Principals Academy" or "academy" means the academy created pursuant to section two-b, article three-a of this chapter;

(g) "Center for Professional Development" means the center created pursuant to section one, article three-a of this chapter;

(h) "Job-sharing arrangement" means a formal, written agreement voluntarily entered into by a county board with two or more of its employees who wish to divide between them the duties and responsibilities of one authorized full-time position;

(i) "Prospective employable professional personnel" means certified professional educators who:

(1) Have been recruited on a reserve list of a county board;

(2) Have been recruited at a job fair or as a result of contact made at a job fair;

(3) Have not obtained regular employee status through the job posting process provided ~~for~~ in section seven-a, article four of this chapter; and

(4) Have obtained a baccalaureate degree from an accredited institution of higher education within the past year;

(j) "Dangerous student" means a pupil who is substantially likely to cause serious bodily injury to himself, herself or another individual within that pupil's educational environment, which may include any alternative education environment, as evidenced by a pattern or series of violent behavior exhibited by the pupil, and documented in writing by the school, with the documentation provided to the student and parent or guardian at the time of any offense; and

(k) "Alternative education" means an authorized departure from the regular school program designed to provide educational and social development for students whose disruptive behavior places them at risk of not succeeding in the traditional school structures and in adult life without positive interventions.

ARTICLE 2. SCHOOL PERSONNEL.

§18A-2-9a. Duties and responsibilities of interscholastic athletic directors.

(a) Upon the recommendation of the county superintendent of schools, the county board of education may employ and assign through written contract, athletic directors who shall supervise the management and the operation of high school and/or middle school athletic activities to which they are assigned. An athletic director shall hold valid credentials appropriate for his or her assignment. Beginning on the first day of July, two thousand seven, the prerequisites for assignment as an interscholastic athletic director are:

(1) A minimum of five years interscholastic or intercollegiate coaching experience; and

(2) Compliance with one of the following education requirements:

(A) A college degree in athletic administration;

(B) A masters degree in educational administration; or

(C) Completion of the following Leadership Training Classes provided through the National Interscholastic Athletic Administration Association (NIAAA) Leadership Training Program:

LTC 501 - Athletic Administration: Philosophy, Leadership, Organizations and Professional Programs;

LTC 502 - Athletic Administration: Principles, Strategies and Methods; and

LTC 504 - Athletic Administration: Legal Issues I (Risk Management).

(b) Any person employed in the capacity of athletic director during, or prior to, the two thousand four - two thousand five school year is exempt from the prerequisites set forth in subsection (a) of this section, except that the person must complete the Leadership Training Courses set forth in paragraph (C), subdivision (2) of said subsection within three years of the effective date of this legislation.

(c) Under the supervision of the school principal and in accordance with the rules and regulations of the county board of education, the athletic director shall assume administrative responsibility for the planning, management, operation and evaluation of the total athletic program for the school for which he or she is assigned. The responsibilities of the athletic director include, but are not limited to, the following: (1) Supervision of games; (2) overseeing the athletic budget; (3) hiring of game officials; (4) scheduling athletic contest; (5) knowing and upholding all county, West Virginia Secondary Schools Activities Commission (WVSSAC) and league rules and regulations; (6) maintain proper records which includes a permanent file of players; medical forms, insurance forms, participation records, parent consent forms and birth certificates; (7) scheduling transportation for athletic teams; (8) prepare and verify athletic eligibility lists; (9) supervise, observe and evaluate coaches; (10) secure all needed personnel for basic athletic event operations; (11) procure and care for athletic equipment; and (12) other duties involving athletics as assigned by the principal or as a part of a county job description for athletic directors.

(d) Upon recommendation of the county superintendent of schools, the county board of education may, when needed, employ and assign through written contract, assistant athletic directors who shall work under the direction of the school principal and athletic director. An assistant athletic director shall hold valid credentials appropriate for his or her assignment. Beginning on the first day of July, two thousand seven, the prerequisite for assignment as a high school assistant athletic director is the completion of the Leadership Training Courses set forth in paragraph (C), subdivision (2), subsection (a) of this section.

(e) Any person employed in the capacity of assistant athletic director during, or prior to, the two thousand four - two thousand five school year is exempt from the prerequisite set forth in subsection (d) of this section, except that the person must complete the Leadership Training Courses set forth in paragraph (C), subdivision (2), subsection (a) of this section within three years of the effective date of this legislation.

(f) County boards of education are encouraged to employ an athletic director for each high school in the county and for each middle school and junior high school in the county.

§18A-4-2a. State minimum salary bonus for classroom teachers with national board certification.

(a) The Legislature hereby finds and declares that the rigorous standards and processes for certification by the National Board for Professional Teaching Standards (NBPTS) helps to promote the quality of teaching and learning. Therefore, classroom teachers in the public schools of West Virginia should be encouraged to achieve national board certification through a reimbursement of expenses and an additional salary bonus which reflects their additional certification, to be paid in accordance with the provisions of this section.

(b) One thousand dollars shall be paid annually to each classroom teacher who holds a valid certificate issued by the national board of professional teaching standards for the life of the certification, but in no event more than ten years for any one certification: ~~Provided,~~ ~~That beginning on the first day of July, two thousand one, in lieu of the one thousand dollars, two~~ Two thousand five hundred dollars shall be paid annually to each classroom teacher who holds a valid certificate issued by the National Board of Professional Teaching Standards for the life of the certification, but in no event more than ten years for any one certification.

~~(i)~~ (1) Shall be in addition to any amounts prescribed in the applicable state minimum salary schedule;

~~(ii)~~ (2) Shall be paid in equal monthly installments; and

~~(iii)~~ (3) Shall be considered a part of the state minimum salaries for teachers.

(d) One thousand dollars shall be paid for reimbursement once to each teacher who enrolls in the program for the national board for professional teaching standards certification and one thousand dollars shall be paid for reimbursement once to each teacher who completes the national board for professional teaching standards certification. Effective the first day of July, two thousand one, in lieu of the one thousand dollar payment for reimbursements, one- half One-half the certification fee shall be paid for reimbursement once to each teacher who enrolls in the program for the National Board for Professional Teaching Standards certification and one- half the certification fee shall be paid for reimbursement once to each teacher who completes the National Board for Professional Teaching Standards certification. Completion shall be defined as the completion of ten scorable entries, as verified by the National Board for Professional Teaching Standards. Teachers who achieve National Board for Professional Teaching Standards certification may be reimbursed a maximum of six hundred dollars for expenses actually incurred while obtaining the National Board for Professional Teaching Standards certification.

(e) The state board shall limit the number of teachers who receive the initial reimbursements of the certification fees set forth in subsection (d) to one hundred teachers annually. Effective the first day of July, two thousand one, in lieu of the limit of one hundred teachers annually, the The state board shall limit the number of teachers who receive the initial reimbursements of the certification fees set forth in subsection (d) of this section to two hundred teachers annually. The state board shall establish selection criteria for the teachers by the legislative rule required pursuant to subsection (g) of this section.

(f) Subject to the provisions of subsection (e) of this section, funding for reimbursement of the certification fee and expenses actually incurred while obtaining the National Board for Professional Teaching Standards certifications shall be administered by the State Department of Education from an appropriation established for that purpose by the Legislature. If funds appropriated by the Legislature to accomplish the purposes of this subsection are insufficient, the state department shall prorate the reimbursements for expenses and shall request of the Legislature, at its next regular session, funds sufficient to accomplish the purposes of this subsection, including needed retroactive payments.

(g) The state board shall promulgate legislative rules pursuant to article three-b, chapter twenty-nine-a of this code to implement the provisions of this section.

§18A-4-2b. State minimum salary supplement for professional personnel with recognized national certification in speech-language pathology, audiology or counseling.

(a) (1) The Legislature finds that achieving a nationally recognized professional certification in speech-language pathology or audiology involves a rigorous process of demonstrating both knowledge and skills and results in highly trained and capable employees. Individuals who attain the national professional certification by the American Speech-Language-Hearing Association (ASHA) provide needed and essential services to the school students of this state and, consequently, should be encouraged to achieve and maintain the national board certification through reimbursement of expenses and a salary bonus which reflects their additional certification, to be paid in accordance with subsection (b) of this section.

(2) The Legislature further finds and declares that the rigorous standards and processes for advanced certification by either the National Board of Certified Counselors (NBCC) or the West Virginia Board of Examiners in Counseling (WVBEC) helps to promote the quality of counseling in schools. Counselors in the public schools of West Virginia should be encouraged to achieve and maintain the advanced certification through reimbursement of expenses and a salary bonus that reflects their additional certification, to be paid in accordance with subsection (b) of this section.

(3) Therefore, the purpose of this section is to provide a statewide salary supplement for certain professional personnel employed in the public schools who hold a nationally recognized professional certification in speech-language pathology, audiology or counseling, to treat the professional certification equally, to encourage others to attain such a certification and to help school systems with recruitment of these highly qualified professionals.

(b) In addition to any amounts prescribed in the applicable state minimum salary schedule, effective the first day of July, two thousand six, any professional personnel who hold national certification or other credential as provided in this section, must be paid an annual salary supplement of two thousand five hundred dollars. The payment is:

(1) To be made in equal monthly installments;

(2) To be considered a part of the state minimum salaries for teachers; and

(3) To continue for the life of the certification, or for ten years for any one certification, whichever first expires.

(c) Effective the first day of July, two thousand six, professional personnel employed as speech-language pathologists, audiologists or counselors are eligible upon enrollment for reimbursement for one half of the fee for certification in accordance with this section. In addition, these personnel are eligible upon attainment of the certification for reimbursement of the remainder of the application fee plus other expenses actually incurred toward attainment of the certification, not exceeding six hundred dollars, upon approval by the Department of Education. No more than one hundred speech-language pathologists, audiologists and counselors, combined total, are eligible for reimbursement in any one fiscal year.

(d) Notwithstanding subsection (b) of this section, no more than one hundred speech-language pathologists, audiologists and counselors, combined total, shall be paid the annual salary supplement provided for in said subsection during the first year of implementation. The number of speech-language pathologists, audiologists and counselors paid the annual salary supplement provided for in said subsection may not exceed an additional one hundred qualified recipients in each of the subsequent fiscal years. The state board shall promulgate a legislative rule establishing criteria for selection of the individuals eligible for reimbursement and a salary supplement in accordance with this section. The selection criteria shall prioritize the length of time the certification has been held and the years of experience of the holder in determining eligibility.

(e) The board shall report the rule to the Legislative Oversight Commission on Education Accountability by the January, two thousand seven, legislative interim meeting period and shall report on its progress in developing the rule to the commission during each prior interim meeting period.

(f) Payment of the supplement and reimbursement provided in this section is subject to legislative appropriation therefore; nothing in this section requires any appropriation, or any specific level of appropriation, by the Legislature.

(g) Notwithstanding any other provision of this section or the provisions of section two-a of this article, professional personnel may not be paid a salary supplement pursuant to the provisions of both said sections.;

And,

On page one, by striking out the title and substituting therefor a new title, to read as follows:

Eng. Senate Bill No. 783--A Bill to amend and reenact §18A-1-1 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §18A-2-9a; to amend and reenact §18A-4-2a of said code; and to amend said code by adding thereto a new section, designated §18A-4-2b, all relating to school personnel; defining and setting standards for assignment of athletic directors and assistants; employment; duties; exemptions; defining completion of the National Board for Professional Teaching Standards certification; establishing state minimum salary supplement for professional personnel holding professional certification in speech-language pathology, audiology or counseling; limitations; applicability; and state board rule.

On motion of Senator Plymale, the following amendments to the House of Delegates amendments to the bill (Eng. S. B. No. 783) were reported by the Clerk, considered simultaneously, and adopted:

On pages one through four, by striking out all of section one;

On pages five through seven, by striking out all of section nine-a;

On page one, by striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:

That §18A-4-2a of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new section, designated §18A-4-2b, all to read as follows:;

And,

On page one, by striking out the title and substituting therefor a new title, to read as follows:

Eng. Senate Bill No. 783--A Bill to amend and reenact §18A-4- 2a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18A-4-2b, all relating to defining completion of the National Board for Professional Teaching Standards certification; establishing state minimum salary supplement for professional personnel holding certain advanced certification in speech-language pathology, audiology or counseling; reimbursement for certain expenses; limitations; applicability; and state board rule.

On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments, as amended.

Engrossed Senate Bill No. 783, as amended, was then put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 783) passed with its Senate amended title.

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

A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, to take effect July 1, 2006, and requested the concurrence of the Senate in the House of Delegates amendment, as to

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 motion of Senator Chafin, the message on the bill was taken up for immediate consideration.

The following House of Delegates amendment to the bill was reported by the Clerk:

On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 10. FEES AND OTHER MONEY COLLECTED AT STATE INSTITUTIONS OF HIGHER EDUCATION.

§18B-10-7. Tuition and fee waivers for children and spouses of officers and firefighters killed in the line of duty.

(a) Each state institution of higher education shall permit any person to attend its undergraduate courses and classes if classroom space is available without charging ~~such~~ the person any tuition or any fees ~~including those provided in sections two and three of this article if such~~ if:

(1) The person is the child or spouse of a an individual who was:

(A) A law-enforcement officer as defined in section one, article twenty-nine, chapter thirty of this code a;

(B) A correctional officer at a state penal institution a;

(D) A probation officer;

(E) A conservation officer; or a
(F) A registered firefighter; and ~~such officer or firefighter was killed~~
(2) Killed in the line of duty while ~~employed~~:

(A) Employed by the state or any political subdivision ~~thereof~~ of the state; or ~~such firefighter was a~~
(B) A member of a volunteer fire department serving a political subdivision of this state. ~~Provided,~~ ~~That the~~
(b) The state institution of higher education may require ~~such~~ the person to pay ~~special~~:

(1) Special fees, including any laboratory fees, if ~~such~~ the fees are required of all other students taking a single or ~~the~~ that particular course; and ~~may require such person to pay for parking~~
(2) Parking fees.

(1) For determining the availability of classroom space; ~~and other rules as~~
(2) As it considers necessary to implement this section; ~~including rules regarding qualifications~~ and

(3) Regarding requirements for attendance, which ~~shall~~ may not exceed ~~the qualifications required of~~ such requirements for other persons.

(d) The governing boards may ~~also~~ extend to persons attending courses and classes under this section any rights, privileges or benefits extended to other students which it considers appropriate.

On motion of Senator Chafin, the Senate concurred in the House of Delegates amendment to the bill.

Engrossed Committee Substitute for Senate Bill No. 18, as amended by the House of Delegates, was then put upon its passage.

The nays were: None.

Absent: None.

So, a majority 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) passed with its title.

Senator Chafin moved that the bill take effect July 1, 2006.

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 S. B. No. 18) takes effect July 1, 2006.

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

Consideration of House messages having been concluded, the Senate returned to the consideration of

Eng. Com. Sub. for Senate Bill No. 299, Authorizing various executive or administrative agencies promulgate legislative rules.

Having been received as a House message in earlier proceedings today, and now coming up in deferred order, with Senator Kessler's amendment to the House of Delegates amendment to the bill (shown in the Senate Journal of today, pages 301 to 350, inclusive) pending, was again reported by the Clerk.

The question being on the adoption of Senator Kessler's amendment to the House of Delegates amendment to the bill (Eng. Com. Sub. for S. B. No. 299).

Eng. Senate Bill No. 503, Providing pay raise for State Police; temporary promotions.

On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.

The following House of Delegates amendments to the bill were reported by the Clerk:

On page two, by striking out everything after the enacting clause and inserting in lieu thereof the following:

That §15-2-4 and §15-2-5 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 2. WEST VIRGINIA STATE POLICE.

§15-2-4. Appointment of commissioned officers, noncommissioned officers, other members; temporary and permanent positions.

(a) The superintendent shall appoint, from the enlisted membership of the State Police, a deputy superintendent who shall hold the rank of lieutenant colonel and be next in authority to the superintendent. The superintendent shall appoint, from the enlisted membership of the State Police, the number of other officers and members he or she considers necessary to operate and maintain the executive offices, training school and forensic laboratory; and to keep records relating to crimes and criminals, coordinate traffic safety activities, maintain a system of supplies and accounting and perform other necessary services.

(b) The ranks within the membership of the State Police shall be colonel, lieutenant colonel, major, captain, first lieutenant, second lieutenant, first sergeant, sergeant, corporal, trooper first class, senior trooper, trooper or cadet trooper. Each member while in uniform shall wear the insignia of rank as provided by law and written State Police policies. Members assigned to the forensic laboratory shall hold the title of trooper, be classified as criminalists and wear the insignia of classification as provided by written State Police policies.

The superintendent may appoint from the membership of the State Police seventeen principal supervisors who shall receive the compensation and hold the temporary rank of lieutenant colonel, major or captain at the will and pleasure of the superintendent. The superintendent may also appoint from the membership of the executive protection section of the State Police two additional supervisors who shall receive the compensation and hold the temporary rank of first lieutenant and serve at the will and pleasure of the superintendent. Appointments are exempt from any eligibility requirements established by the career progression system: Provided, That any member appointed from within the executive protection section of the State Police to the temporary rank of first lieutenant must have completed a minimum of two years' service within the executive protection section prior to becoming eligible for such appointment. Any person appointed to a temporary rank under the provisions of this article remains eligible for promotion or reclassification under the provisions of the career progression system if his or her permanent rank is below that of first lieutenant. Upon the termination of a temporary appointment by the superintendent, the member may not be reduced to a rank or classification below his or her permanent rank or classification, unless the reduction results from disciplinary action, and remains eligible for subsequent appointment to a temporary rank.

§15-2-5. Career progression system; salaries; exclusion from wage and hour law, with supplemental payment; bond; leave time for members called to duty in guard or reserves.

(a) The superintendent shall establish within the West Virginia State Police a system to provide for: The promotion of members to the supervisory ranks of sergeant, first sergeant, second lieutenant and first lieutenant; the classification of nonsupervisory members within the field operations force to the ranks of trooper, senior trooper, trooper first class or corporal; the classification of members assigned to the forensic laboratory as criminalist I-VII; and the temporary reclassification of members assigned to administrative duties as administrative support specialist I-VIII.

(b) The superintendent may propose legislative rules for promulgation in accordance with article three, chapter twenty-nine-a of this code for the purpose of ensuring consistency, predictability and independent review of any system developed under the provisions of this section.

(c) The superintendent shall provide to each member a written manual governing any system established under the provisions of this section and specific procedures shall be identified for the evaluation and testing of members for promotion or reclassification and the subsequent placement of any members on a promotional eligibility or reclassification recommendation list.

(d) Beginning on the first day of November, two thousand five, and continuing ~~thereafter~~ until and including the thirtieth day of June, two thousand six, members shall receive annual salaries as follows:
ANNUAL SALARY SCHEDULE (BASE PAY)
SUPERVISORY AND NONSUPERVISORY RANKS
Cadet During Training

$2,218.50 Mo.

$26,622
Cadet Trooper After Training

2,621.50 Mo.

31,458
Trooper Second Year

31,922
Trooper Third Year

32,294
Trooper Fourth & Fifth Year

32,594
Senior Trooper

34,682
Trooper First Class

36,770
Corporal

38,858
Sergeant

43,034
First Sergeant

45,122
Second Lieutenant

47,210
First Lieutenant

49,298
Captain

51,386
Major

53,474
Lieutenant Colonel

55,562
ANNUAL SALARY SCHEDULE (BASE PAY)
ADMINISTRATION SUPPORT
SPECIALIST CLASSIFICATION
I

$32,594 II

34,682 III

36,770 IV

38,858 V

43,034 VI

45,122 VII

47,210 VIII

49,298
ANNUAL SALARY SCHEDULE (BASE PAY)
CRIMINALIST CLASSIFICATION
I

$32,594 II

34,682 III

36,770 IV

38,858 V

43,044 VI

45,122 VII

47,210
VIII

49,298

Beginning on the first day of July, two thousand six, and continuing until and including the thirtieth day of June, two thousand seven, members shall receive annual salaries as follows:
ANNUAL SALARY SCHEDULE (BASE PAY)
SUPERVISORY AND NONSUPERVISORY RANKS
Cadet During Training

$2,343.50 Mo.

$28,122
Cadet Trooper After Training

2,913.17 Mo.

34,958
Trooper Second Year

36,922
Trooper Third Year

37,294
Senior Trooper

37,682
Trooper First Class

38,270
Corporal

38,858
Sergeant

43,034
First Sergeant

45,122
Second Lieutenant

47,210
First Lieutenant

49,298
Captain

51,386
Major

53,474
Lieutenant Colonel

55,562
ANNUAL SALARY SCHEDULE (BASE PAY)
ADMINISTRATION SUPPORT
SPECIALIST CLASSIFICATION
I

$37,294 II

37,682 III

38,270 IV

38,858 V

43,034VI

45,122 VII

47,210 VIII

49,298
ANNUAL SALARY SCHEDULE (BASE PAY)
CRIMINALIST CLASSIFICATION
I

$37,294 II

37,682 III

38,270 IV

38,858 V

43,044 VI

45,122 VII

47,210
VIII

49,298

Beginning on the first day of July, two thousand seven, until and including the thirtieth day of June, two thousand eight, members shall receive annual salaries as follows:
ANNUAL SALARY SCHEDULE (BASE PAY)
SUPERVISORY AND NONSUPERVISORY RANKS
Cadet During Training

$2,468.50 Mo.

$29,622
Cadet Trooper After Training

3,038.17 Mo.

36,458
Trooper Second Year

37,922
Trooper Third Year

38,294
Senior Trooper

38,682
Trooper First Class

39,270
Corporal

39,858
Sergeant

44,034
First Sergeant

46,122
Second Lieutenant

48,210
First Lieutenant

50,298
Captain

52,386
Major

54,474
Lieutenant Colonel

56,562
ANNUAL SALARY SCHEDULE (BASE PAY)
ADMINISTRATION SUPPORT
SPECIALIST CLASSIFICATION
I

$38,294 II

38,682 III

39,270 IV

39,858 V

44,034 VI

46,122 VII

48,210 VIII

50,298
ANNUAL SALARY SCHEDULE (BASE PAY)
CRIMINALIST CLASSIFICATION
I

$38,294 II

38,682 III

39,270 IV

39,858 V

44,044 VI

46,122 VII

48,210
VIII

50,298

Beginning on the first day of July, two thousand eight, and continuing thereafter, members shall receive annual salaries as follows:
ANNUAL SALARY SCHEDULE (BASE PAY)
SUPERVISORY AND NONSUPERVISORY RANKS
Cadet During Training

$2,593.50 Mo.

$31,122
Cadet Trooper After Training

3,163.17 Mo.

37,958
Trooper Second Year

38,922
Trooper Third Year

39,294
Senior Trooper

39,682
Trooper First Class

40,270
Corporal

40,858
Sergeant

45,034
First Sergeant

47,122
Second Lieutenant

49,210
First Lieutenant

51,298
Captain

53,386
Major

55,474
Lieutenant Colonel

57,562
ANNUAL SALARY SCHEDULE (BASE PAY)
ADMINISTRATION SUPPORT
SPECIALIST CLASSIFICATION
I

$39,294 II

39,682 III

40,270IV

40,858 V

45,034 VI

47,122
VII

49,210 VIII

51,298
ANNUAL SALARY SCHEDULE (BASE PAY)
CRIMINALIST CLASSIFICATION
I

$39,294 II

39,682 III

40,270 IV

40,858 V

45,034 VI

47,122
VII

49,210 VIII

51,298

Each member of the West Virginia State Police whose salary is fixed and specified in this annual salary schedule is entitled to the length of service increases set forth in subsection (e) of this section and supplemental pay as provided in subsection (g) of this section.

(e) Each member of the West Virginia State Police whose salary is fixed and specified pursuant to this section shall receive, and is entitled to, an increase in salary over that set forth in subsection (d) of this section, for grade in rank, based on length of service, including that service served before and after the effective date of this section with the West Virginia State Police as follows: At the end of ~~five~~ two years of service with the West Virginia State Police, the member shall receive a salary increase of ~~six~~ four hundred dollars to be effective during his or her next ~~three years~~ year of service and a like increase at ~~three-year~~ yearly intervals thereafter, with the increases to be cumulative.

(f) In applying the salary schedules set forth in this section where salary increases are provided for length of service, members of the West Virginia State Police in service at the time the schedules become effective shall be given credit for prior service and shall be paid the salaries the same length of service entitles them to receive under the provisions of this section.

(g) The Legislature finds and declares that because of the unique duties of members of the West Virginia State Police, it is not appropriate to apply the provisions of state wage and hour laws to them. Accordingly, members of the West Virginia State Police are excluded from the provisions of state wage and hour law. This express exclusion shall not be construed as any indication that the members were or were not covered by the wage and hour law prior to this exclusion.

In lieu of any overtime pay they might otherwise have received under the wage and hour law, and in addition to their salaries and increases for length of service, members who have completed basic training and who are exempt from federal Fair Labor Standards Act guidelines may receive supplemental pay as provided in this section.

The authority of the superintendent to propose a legislative rule or amendment thereto for promulgation in accordance with article three, chapter twenty-nine-a of this code to establish the number of hours per month which constitute the standard work month for the members of the West Virginia State Police is hereby continued. The rule shall further establish, on a graduated hourly basis, the criteria for receipt of a portion or all of supplemental payment when hours are worked in excess of the standard work month. The superintendent shall certify monthly to the West Virginia State Police's payroll officer the names of those members who have worked in excess of the standard work month and the amount of their entitlement to supplemental payment. The supplemental payment may not exceed two hundred thirty-six dollars monthly. The superintendent and civilian employees of the West Virginia State Police are not eligible for any supplemental payments.

(h) Each member of the West Virginia State Police, except the superintendent and civilian employees, shall execute, before entering upon the discharge of his or her duties, a bond with security in the sum of five thousand dollars payable to the State of West Virginia, conditioned upon the faithful performance of his or her duties, and the bond shall be approved as to form by the Attorney General and as to sufficiency by the Governor.

(i) In consideration for compensation paid by the West Virginia State Police to its members during those members' participation in the West Virginia State Police Cadet Training Program pursuant to section eight, article twenty-nine, chapter thirty of this code, the West Virginia State Police may require of its members by written agreement entered into with each of them in advance of such participation in the program that, if a member should voluntarily discontinue employment any time within one year immediately following completion of the training program, he or she shall be obligated to pay to the West Virginia State Police a pro rata portion of such compensation equal to that part of such year which the member has chosen not to remain in the employ of the West Virginia State Police.

(j) Any member of the West Virginia State Police who is called to perform active duty training or inactive duty training in the National Guard or any reserve component of the Armed Forces of the United States annually shall be granted, upon request, leave time not to exceed thirty calendar days for the purpose of performing the active duty training or inactive duty training and the time granted may not be deducted from any leave accumulated as a member of the West Virginia State Police.;

And,

On page one, by striking out the title and substituting therefor a new title, to read as follows:

Eng. Senate Bill No. 503--A Bill to amend and reenact §15-2-4 and §15-2-5 of the Code of West Virginia, 1931, as amended, all relating to the appointment, temporary promotion and compensation of the membership of the West Virginia State Police; providing for the temporary promotion from the membership of the executive protection section of the West Virginia State Police; providing annual salary schedules and adjusting annual experience increment pay for the West Virginia State Police; and authorizing recovery of compensation from certain members.

On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.

Engrossed Senate Bill No. 503, as amended by the House of Delegates, was then put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 503) passed with its House of Delegates amended title.

Senator Chafin moved that the bill take effect July 1, 2006.

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. 503) takes effect July 1, 2006.

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

Eng. Senate Bill No. 558, Providing salary adjustments for certain appointive state officers.

On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.

The following House of Delegates amendments to the bill were reported by the Clerk:

On page two, by striking out everything after the enacting clause and inserting in lieu thereof the following:

That §6-7-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §6-7-2a of said code be amended and reenacted; that §9A-1-5 of said code be amended and reenacted; that §15-2-2 of said code be amended and reenacted; that §16-5P-5 of said code be amended and reenacted; that §17-2A-3 of said code be amended and reenacted; that §18-3-1 of said code be amended and reenacted; that §19-1A-5 of said code be amended and reenacted; that §20-1-5 of said code be amended and reenacted; that §21-1-2 of said code be amended and reenacted; that §21A-4-5 of said code be amended and reenacted; that §22-1-6 of said code be amended and reenacted; that §29-1-1 of said code be amended and reenacted; that §29-12-5 of said code be amended and reenacted; that §33-2-2 of said code be amended and reenacted; and that §60-2-9 of said code be amended and reenacted, all to read as follows:
CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.
ARTICLE 7. COMPENSATION AND ALLOWANCES.
§6-7-2. Salaries of certain state officers.
(a) Beginning in the calendar year two thousand five, and for each calendar year after that, salaries for each of the state constitutional officers are as follows:

(1) The salary of the Governor is ninety-five thousand dollars per year;

(2) The salary of the Attorney General is eighty thousand dollars per year;

(3) The salary of the Auditor is seventy-five thousand dollars per year;

(4) The salary of the Secretary of State is seventy thousand dollars per year;

(5) The salary of the Commissioner of Agriculture is seventy-five thousand dollars per year; and

(6) The salary of the State Treasurer is seventy-five thousand dollars per year.

(b) Notwithstanding the provisions of subsection (a) of this section, beginning in the calendar year two thousand nine, and for each calendar year thereafter, salaries for each of the state constitutional officers shall be as follows:

(1) The salary of the Governor shall be one hundred thousand dollars per year;

(2) The salary of the Attorney General shall be ninety-five thousand dollars per year;

(3) The salary of the Auditor shall be ninety-five thousand dollars per year;

(4) The salary of the Secretary of State shall be ninety-five thousand dollars per year;

(5) The salary of the Commissioner of Agriculture shall be ninety-five thousand dollars per year; and

(6) The salary of the State Treasurer shall be ninety-five thousand dollars per year.

§6-7-2a. Terms of certain appointive state officers; appointment; qualifications; powers and salaries of such officers.

(a) Each of the following appointive state officers named in this subsection shall be appointed by the Governor, by and with the advice and consent of the Senate. Each of the appointive state officers serves at the will and pleasure of the Governor for the term for which the Governor was elected and until the respective state officers' successors have been appointed and qualified. Each of the appointive state officers are subject to the existing qualifications for holding each respective office and each has and is hereby granted all of the powers and authority and shall perform all of the functions and services heretofore vested in and performed by virtue of existing law respecting each office.

Prior to the first day of July, two thousand ~~one~~ six, each such named appointive state officer shall continue to receive the annual salaries they were receiving as of the effective date of the enactment of this section in two thousand ~~one~~ six, and thereafter, notwithstanding any other provision of this code to the contrary, the annual salary of each named appointive state officer shall be as follows:

~~Administrator~~ Commissioner, Division of Highways, ~~ninety thousand~~ ninety-two thousand five hundred dollars; ~~administrator, state tax division, sixty-five thousand dollars; administrator~~ Commissioner, Division of Corrections, ~~seventy-five~~ eighty thousand dollars; ~~administrator~~ Director, Division of Natural Resources, ~~seventy~~ seventy-five thousand dollars; Superintendent, State Police, ~~seventy-five~~ eighty-five thousand dollars; ~~administrator, lottery division, seventy-five thousand dollars; director, public employees insurance agency; seventy-five thousand dollars; administrator~~ Commissioner, Division of Banking, ~~sixty~~ seventy-five thousand dollars; ~~administrator, division of insurance, sixty thousand dollars; administrator~~ Commissioner, Division of Culture and History, ~~fifty-five~~ sixty-five thousand dollars; ~~administrator~~ Commissioner, Alcohol Beverage Control Commission, ~~seventy~~ seventy- five thousand dollars; ~~administrator~~ Commissioner, Division of Motor Vehicles, ~~seventy~~ seventy-five thousand dollars; Director, Division of Personnel, ~~fifty-five~~ seventy thousand dollars; ~~adjutant general, seventy-five thousand dollars;~~ Chairman, Health Care Authority, ~~seventy~~ eighty thousand dollars; member, Health Care Authority, ~~sixty~~ seventy thousand dollars; Director, Human Rights Commission, ~~forty-five~~ fifty-five thousand dollars; ~~administrator~~ Commissioner, Division of Labor, ~~sixty~~ seventy thousand dollars; ~~administrator~~ Director, Division of Veterans' Affairs, ~~forty-five~~ sixty-five thousand dollars; ~~administrator, division of emergency services, forty-five thousand dollars;~~ Chairperson, Board of Parole, fifty-five thousand dollars; member, Board of Parole, ~~forty-five~~ fifty thousand dollars; member, Employment Security Review Board, seventeen thousand dollars; ~~members, workers' compensation appeal board, seventeen thousand eight hundred dollars; administrator~~ and Commissioner, Bureau of Employment Programs, ~~seventy~~ seventy-five thousand dollars. administrator, bureau of commerce, seventy thousand dollars; administrator, bureau of environment, seventy thousand dollars; and director, office of miners' health, safety and training, sixty-five thousand dollars. Secretaries of the departments shall be paid an annual salary as follows: Health and Human Resources, ~~ninety~~ ninety-five thousand dollars; Transportation, ~~seventy-five~~ ninety- five thousand dollars; ~~tax and~~ Revenue, ~~seventy-five~~ ninety-five thousand dollars; Military Affairs and Public Safety, ~~seventy-five~~ ninety-five thousand dollars; Administration, ~~seventy-five~~ ninety- five thousand dollars; Education and the Arts, ~~seventy-five~~ ninety- five thousand dollars; Commerce, ninety-five thousand dollars; and Environmental Protection, ~~seventy-five~~ ninety-five thousand dollars: Provided, That any increase in the salary of any current appointive state officer named in this subsection pursuant to the reenactment of this subsection during the regular session of the Legislature in two thousand six that exceeds five thousand dollars shall be paid to such officer or his or her successor beginning on the first day of July, two thousand six, in annual increments of five thousand dollars per fiscal year, up to the maximum salary provided in this subsection.

(b) Each of the state officers named in this subsection shall continue to be appointed in the manner prescribed in this code and, prior to the first day of July, two thousand ~~two~~ six, each of the state officers named in this subsection shall continue to receive the annual salaries he or she was receiving as of the effective date of the enactment of this section in two thousand ~~two~~ six, and shall thereafter, notwithstanding any other provision of this code to the contrary, be paid an annual salary as follows:

~~Administrator, division~~ Director, Board of Risk and Insurance Management, ~~fifty-five~~ eighty thousand dollars; Director, Division of Rehabilitation Services, ~~sixty~~ seventy thousand dollars; Executive Director, Educational Broadcasting Authority, ~~sixty~~ seventy-five thousand dollars; Secretary, Library Commission, ~~sixty-seven~~ seventy-two thousand dollars; Director, Geological and Economic Survey, ~~fifty-two thousand five hundred~~ seventy-five thousand dollars; Executive Director, Prosecuting Attorneys Institute, ~~sixty~~ seventy thousand dollars; Executive Director, Public Defender Services, ~~sixty~~ seventy thousand dollars; Commissioner, Bureau of Senior Services, ~~seventy~~ seventy-five thousand dollars; Director, State Rail Authority, ~~fifty-five~~ sixty- five thousand dollars; Executive ~~secretary~~ Director, Women's Commission, ~~thirty-one~~ forty-five thousand dollars; Director, Hospital Finance Authority, ~~twenty-six~~ thirty-five thousand dollars; member, Racing Commission, twelve thousand dollars; Chairman, Public Service Commission, ~~seventy~~ eighty-five thousand dollars; ~~and~~ member, Public Service Commission, ~~seventy~~ eighty-five thousand dollars; Director, Division of Forestry, seventy-five thousand dollars; Director, Division of Juvenile Services, eighty thousand dollars; and Executive Director, Regional Jail and Correctional Facility Authority, eighty thousand dollars: Provided, That any increase in the salary of any current appointive state officer named in this subsection pursuant to the reenactment of this subsection during the regular session of the Legislature in two thousand six that exceeds five thousand dollars shall be paid to such officer or his or her successor beginning on the first day of July, two thousand six, in annual increments of five thousand dollars per fiscal year, up to the maximum salary provided in this subsection.

(c) Each of the following appointive state officers named in this subsection shall be appointed by the Governor, by and with the advice and consent of the Senate. Each of the appointive state officers serves at the will and pleasure of the Governor for the term for which the Governor was elected and until the respective state officers' successors have been appointed and qualified. Each of the appointive state officers are subject to the existing qualifications for holding each respective office and each has and is hereby granted all of the powers and authority and shall perform all of the functions and services heretofore vested in and performed by virtue of existing law respecting each office.

Prior to the first day of July, two thousand six, each such named appointive state officer shall continue to receive the annual salaries they were receiving as of the effective date of the enactment of this section in two thousand six, and thereafter, notwithstanding any other provision of this code to the contrary, the annual salary of each named appointive state officer shall be as follows:

Commissioner, State Tax Division, ninety-two thousand five hundred dollars; Commissioner, Insurance Commission, ninety-two thousand five hundred dollars; Director, Lottery Commission, ninety-two thousand five hundred dollars; Director, Division of Homeland Security and Emergency Management, sixty-five thousand dollars; and Adjutant General, ninety-two thousand five hundred dollars;

~~(c)~~ (d) No increase in the salary of any appointive state officer pursuant to this section shall be paid until and unless the appointive state officer has first filed with the State Auditor and the Legislative Auditor a sworn statement, on a form to be prescribed by the Attorney General, certifying that his or her spending unit is in compliance with any general law providing for a salary increase for his or her employees. The Attorney General shall prepare and distribute the form to the affected spending units.
CHAPTER 9A. VETERANS' AFFAIRS.
ARTICLE 1. DIVISION OF VETERANS' AFFAIRS.

§9A-1-5. Compensation of director, veterans' affairs officers, assistants and employees; payment to Veterans' Council members; traveling expenses; meetings of Veterans' Council.

The director shall receive a an annual salary ~~of thirty-two thousand dollars per annum~~ as provided in section two-a, article seven, chapter six of this code, and necessary traveling expenses incident to the performance of his or her duties. The salaries of the veterans' affairs officers, assistants and employees shall be fixed by the Veterans' Council. The members of the Veterans' Council shall receive no salary, but each member shall receive the same compensation and expense reimbursement as is paid to members of the Legislature for their interim duties as recommended by the Citizens Legislative Compensation Commission and authorized by law for each day or portion thereof engaged in the discharge of official duties. The requisition for such expenses and traveling expenses shall be accompanied by a sworn and itemized statement, which shall be filed with the Auditor and permanently preserved as a public record. The Veterans' Council shall hold its initial meeting on the call of the Governor, and thereafter shall meet on the call of its chairman, except as otherwise provided. With the exception of the first three meetings of the Veterans' Council, none of which shall be of a duration longer than two weeks each, for organizational purposes, the Veterans' Council shall meet not more than once every two months at such times as may be determined by and upon the call of the chairman for a period of not more than two days, unless there should be an emergency requiring a special meeting or for a longer period and so declared and called by the Governor or by the chairman with the approval of the Governor. A majority of the members of the Veterans' Council shall constitute a quorum for the conduct of official business.
CHAPTER 15. PUBLIC SAFETY.
ARTICLE 2. WEST VIRGINIA STATE POLICE.

§15-2-2. Superintendent; departmental headquarters; continuation of the State Police.

The Department of Public Safety, heretofore established, shall be continued and hereafter shall be known as the West Virginia State Police. Wherever the words "Department of Public Safety" or "Division of Public Safety" appear in this code, they shall mean the West Virginia State Police. The Governor shall nominate, and by and with the advice and consent of the Senate, appoint a superintendent to be the executive and administrative head of the department. ~~Notwithstanding any provision of this code to the contrary, the~~ The superintendent shall be paid an annual salary ~~of sixty thousand dollars~~ as provided in section two-a, article seven, chapter six of this code. The superintendent shall hold the rank of colonel and is entitled to all rights, benefits and privileges of regularly enlisted members. On the date of his or her appointment, the superintendent shall be at least thirty years of age. Before entering upon the discharge of the duties of his or her office, he or she shall execute a bond in the penalty of ten thousand dollars, payable to the State of West Virginia and conditioned upon the faithful performance of his or her duties. Such bond both as to form and security shall be approved as to form by the Attorney General, and to sufficiency by the Governor.

Before entering upon the duties of his or her office, the superintendent shall subscribe to the oath hereinafter provided. The headquarters of the department shall be located in Kanawha County.
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 5P. SENIOR SERVICES.
§16-5P-5. Compensation; traveling expenses.
~~Notwithstanding the provisions of section two-a, article seven, chapter six of this code, the~~ The Commissioner of the Bureau of Senior Services shall receive ~~a yearly~~ an annual salary ~~of sixty-five thousand dollars~~ as provided in section two-a, article seven, chapter six of this code and the necessary traveling expenses incident to the performance of his or her duties. Requisition for traveling expenses shall be accompanied by a sworn itemized statement which shall be filed with the Auditor and preserved as a public record.
CHAPTER 17. ROADS AND HIGHWAYS.
ARTICLE 2A. WEST VIRGINIA COMMISSIONER OF HIGHWAYS.
§17-2A-3. Salary and expenses.

The commissioner shall receive an annual salary ~~of fourteen thousand dollars~~ as provided in section two-a, article seven, chapter six of this code. He or she shall be allowed and paid necessary traveling expenses incident to the performance of his or her duties. Statements covering such expenses shall be itemized and verified by the commissioner.
CHAPTER 18. EDUCATION.

ARTICLE 3. STATE SUPERINTENDENT OF SCHOOLS.

§18-3-1. Appointment; qualifications; compensation; traveling expenses; office and residence; evaluation.

There shall be appointed by the state board a State Superintendent of Schools who shall serve at the will and pleasure of the state board. He or she shall be a person of good moral character, of recognized ability as a school administrator, holding at least a master's degree in educational administration, and shall have had not less than five years of experience in public school work. He or she shall receive an annual salary set by the state board, to be paid monthly: Provided, That the annual salary may not exceed one hundred forty-six thousand one hundred dollars: Provided, however, That after the thirtieth day of June, two thousand six, the annual salary may not exceed one hundred seventy- five thousand dollars. The state superintendent also shall receive necessary traveling expenses incident to the performance of his or her duties to be paid out of the General School Fund upon warrants of the State Auditor. The state superintendent shall have his or her office at the State Capitol. The state board shall report to the Legislative Oversight Commission on Education Accountability upon request concerning its progress during any hiring process for a state superintendent.

The state board annually shall evaluate the performance of the state superintendent and publicly announce the results of the evaluation.
CHAPTER 19. AGRICULTURE.
ARTICLE 1A. DIVISION OF FORESTRY.

§19-1A-5. Director of Division of Forestry; appointment; qualifications.

The Director of the Division of Forestry shall be appointed by the Governor, by and with the advice and consent of the Senate, and shall serve at the will and pleasure of the Governor. The director shall be a graduate of a school of forestry accredited by the Society of American Foresters and have a minimum of ten years' experience in forest management. The ~~director's salary shall be sixty-five thousand dollars per year.~~ director shall be paid an annual salary as provided in section two-a, article seven, chapter six of this code: Provided, That the director's salary shall be paid solely from budget appropriations to the division.
CHAPTER 20. NATURAL RESOURCES.
ARTICLE 1. ORGANIZATION AND ADMINISTRATION.
§20-1-5. Salary, expenses, oath and bond of director.
~~Any other provision of this code to the contrary notwithstanding, the~~ The director shall receive an annual salary of ~~sixty-five thousand dollars~~ as provided in section two-a, article seven, chapter six of this code, payable in equal monthly installments, and shall be allowed and paid necessary expenses incident to the performance of his or her official duties. Prior to the assumption of the duties of his or her office, he or she shall take and subscribe to the oath required of public officers by the Constitution of West Virginia and shall execute a bond, with surety approved by the Governor, in the penal sum of ten thousand dollars, which executed oath and bond shall be filed in the office of the Secretary of State. Premiums on the bond shall be paid from division funds.
CHAPTER 21. LABOR.
ARTICLE 1. DIVISION OF LABOR.

§21-1-2. Appointment of Commissioner of Labor; qualifications; term of office; salary.

The state Commissioner of Labor shall be appointed by the Governor, by and with the advice and consent of the Senate. He or she shall be a competent person, who is identified with the labor interests of the state. The Commissioner of Labor in office on the effective date of this section shall, unless sooner removed, continue to serve until his or her term expires and his or her successor has been appointed and has qualified. On or before the first day of April, one thousand nine hundred forty-one, and on or before the first day of April of each fourth year thereafter, the Governor shall appoint a Commissioner of Labor to serve for a term of four years, commencing on said first day of April. ~~Notwithstanding the provisions of section two-a, article seven, chapter six of this code, the salary of the commissioner of labor shall be ten thousand dollars per annum.~~ The commissioner shall receive an annual salary as provided in section two-a, article seven, chapter six of this code.
CHAPTER 21A. UNEMPLOYMENT COMPENSATION.

ARTICLE 4. BOARD OF REVIEW.

§21A-4-5. Compensation and travel expenses.

~~Notwithstanding the provisions of section two-a, article seven, chapter six of this code, each~~ Each member of the board shall receive an annual salary ~~of twelve thousand six hundred dollars~~ as provided in section two-a, article seven, chapter six of this code and the necessary traveling expenses incurred in the performance of his or her duties.

Requisition for traveling expenses shall be accompanied by a sworn and itemized statement which shall be filed with the Auditor and preserved as a public record.

The salaries and expenses of the members shall be paid from the administration fund.
CHAPTER 22. ENVIRONMENTAL RESOURCES.
ARTICLE 1. DIVISION OF ENVIRONMENTAL PROTECTION.
§22-1-6. Secretary of the Department of Environmental Protection.

(a) The secretary is the chief executive officer of the division. Subject to section seven of this article and other provisions of law, the secretary shall organize the department into such offices, sections, agencies and other units of activity as may be found by the secretary to be desirable for the orderly, efficient and economical administration of the department and for the accomplishment of its objects and purposes. The secretary may appoint a deputy secretary, chief of staff, assistants, hearing officers, clerks, stenographers and other officers, technical personnel and employees needed for the operation of the department and may prescribe their powers and duties and fix their compensation within amounts appropriated.

(b) The secretary has the power to and may designate supervisory officers or other officers or employees of the department to substitute for him or her on any board or commission established under this code or to sit in his or her place in any hearings, appeals, meetings or other activities with such substitute having the same powers, duties, authority and responsibility as the secretary. The secretary has the power to delegate, as he or she considers appropriate, to supervisory officers or other officers or employees of the department his or her powers, duties, authority and responsibility relating to issuing permits, hiring and training inspectors and other employees of the department, conducting hearings and appeals and such other duties and functions set forth in this chapter or elsewhere in this code.

(c) The secretary has responsibility for the conduct of the intergovernmental relations of the department, including assuring:

(1) That the department carries out its functions in a manner which supplements and complements the environmental policies, programs and procedures of the federal government, other state governments and other instrumentalities of this state; and

(2) That appropriate officers and employees of the division consult with individuals responsible for making policy relating to environmental issues in the federal government, other state governments and other instrumentalities of this state concerning differences over environmental policies, programs and procedures and concerning the impact of statutory law and rules upon the environment of this state.

(d) In addition to other powers, duties and responsibilities granted and assigned to the secretary by this chapter, the secretary is hereby authorized and empowered to:

(1) Sign and execute in the name of the state by the "Department of Environmental Protection" any contract or agreement with the federal government or its departments or agencies, subdivisions of the state, corporations, associations, partnerships or individuals: Provided, That the powers granted to the secretary to enter into agreements or contracts and to make expenditures and obligations of public funds under this subdivision may not exceed or be interpreted as authority to exceed the powers granted by the Legislature to the various commissioners, directors or board members of the various departments, agencies or boards that comprise and are incorporated into each secretary's department pursuant to the provisions of chapter five-f of this code;

(2) Conduct research in improved environmental protection methods and disseminate information to the citizens of this state;

(3) Enter private lands to make surveys and inspections for environmental protection purposes; to investigate for violations of statutes or rules which the division is charged with enforcing; to serve and execute warrants and processes; to make arrests; issue orders, which for the purposes of this chapter include consent agreements; and to otherwise enforce the statutes or rules which the division is charged with enforcing;

(4) Acquire for the state in the name of the "Department of Environmental Protection" by purchase, condemnation, lease or agreement, or accept or reject for the state, in the name of the Department of Environmental Protection, gifts, donations, contributions, bequests or devises of money, security or property, both real and personal, and any interest in property;

(5) Provide for workshops, training programs and other educational programs, apart from or in cooperation with other governmental agencies, necessary to ensure adequate standards of public service in the department. The secretary may provide for technical training and specialized instruction of any employee. Approved educational programs, training and instruction time may be compensated for as a part of regular employment. The secretary is authorized to pay out of federal or state funds, or both, as such funds are available, fees and expenses incidental to such educational programs, training and instruction. Eligibility for participation by employees will be in accordance with guidelines established by the secretary;

(6) Issue certifications required under 33 U. S. C. §1341 of the federal Clean Water Act and enter into agreements in accordance with the provisions of section seven-a, article eleven of this chapter. Prior to issuing any certification the secretary shall solicit from the Division of Natural Resources reports and comments concerning the possible certification. The Division of Natural Resources shall direct the reports and comments to the secretary for consideration; and

(7) Notwithstanding any provisions of this code to the contrary, employ in-house counsel to perform all legal services for the secretary and the department, including, but not limited to, representing the secretary, any chief, the department or any office thereof in any administrative proceeding or in any proceeding in any state or federal court. Additionally, the secretary may call upon the Attorney General for legal assistance and representation as provided by law.

(e) The secretary shall be appointed by the Governor, by and with the advice and consent of the Senate, and serves at the will and pleasure of the Governor.

(f) At the time of his or her initial appointment, the secretary must be at least thirty years old and must be selected with special reference and consideration given to his or her administrative experience and ability, to his or her demonstrated interest in the effective and responsible regulation of the energy industry and the conservation and wise use of natural resources. The secretary must have at least a bachelor's degree in a related field and at least three years of experience in a position of responsible charge in at least one discipline relating to the duties and responsibilities for which the secretary will be responsible upon assumption of the office. The secretary may not be a candidate for or hold any other public office, may not be a member of any political party committee and shall immediately forfeit and vacate his or her office as secretary in the event he or she becomes a candidate for or accepts appointment to any other public office or political party committee.

(g) The secretary ~~will~~ shall receive an annual salary ~~of eighty-five thousand dollars~~ as provided in section two-a, article seven, chapter six of this code and will be allowed and paid necessary expenses incident to the performance of his or her official duties. Prior to the assumption of the duties of his or her office, the secretary shall take and subscribe to the oath required of public officers prescribed by section five, article IV of the Constitution of West Virginia and shall execute a bond, with surety approved by the Governor, in the penal sum of ten thousand dollars, which executed oath and bond will be filed in the office of the Secretary of State. Premiums on the bond will be paid from the department funds.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
ARTICLE 1. DIVISION OF CULTURE AND HISTORY.

§29-1-1. Division of Culture and History continued; sections and commissions; purposes; definitions; effective date.

(a) The Division of Culture and History and the office of Commissioner of Culture and History heretofore created are hereby continued. The Governor shall nominate, and by and with the advice and consent of the Senate, appoint the commissioner, who shall be the chief executive officer of the division and shall be paid an annual salary ~~of forty-five thousand dollars per year, notwithstanding the provisions of~~ as provided in section two-a, article seven, chapter six of this code. The commissioner so appointed shall have: (1) A bachelor's degree in one of the fine arts, social sciences, library science or a related field; or (2) four years' experience in the administration of museum management, public administration, arts, history or a related field.

(b) The division shall consist of five sections as follows:

(1) The Arts Section;

(2) The Archives and History Section;

(3) The Museums Section;

(4) The Historic Preservation Section; and

(5) The Administrative Section.

(1) A Commission on the Arts; and

(2) A Commission on Archives and History.

(d) The commissioner shall exercise control and supervision of the division and shall be responsible for the projects, programs and actions of each of its sections. The purpose and duty of the division is to advance, foster and promote the creative and performing arts and crafts, including both indoor and outdoor exhibits and performances; to advance, foster, promote, identify, register, acquire, mark and care for historical, prehistorical, archaeological and significant architectural sites, structures and objects in the state; to encourage the promotion, preservation and development of significant sites, structures and objects through the use of economic development activities such as loans, subsidies, grants and other incentives; to coordinate all cultural, historical and artistic activities in state government and at state-owned facilities; to acquire, preserve and classify books, documents, records and memorabilia of historical interest or importance; and, in general, to do all things necessary or convenient to preserve and advance the culture of the state.

(e) The division shall have jurisdiction and control and may set and collect fees for the use of all space in the building presently known as the West Virginia Science and Culture Center, including the deck and courtyards forming an integral part thereof; the building presently known as West Virginia Independence Hall in Wheeling, including all the grounds and appurtenances thereof; "Camp Washington-Carver" in Fayette County, as provided ~~for~~ in section fourteen of this article; and any other sites as may be transferred to or acquired by the division. Notwithstanding any provision of this code to the contrary, including the provisions of article one, chapter five-b of this code, beginning on and after the first day of July, one thousand nine hundred ninety-three, the division shall have responsibility for, and control of, all visitor touring and visitor tour guide activities within the State Capitol Building at Charleston.

(f) For the purposes of this article, "commissioner" means the Commissioner of Culture and History and "division" means the Division of Culture and History.

ARTICLE 12. STATE INSURANCE.

§29-12-5. Powers and duties of board.

(a) (1) The board has, without limitation and in its discretion as it seems necessary for the benefit of the insurance program, general supervision and control over the insurance of state property, activities and responsibilities, including:

(A) The acquisition and cancellation of state insurance;

(B) Determination of the kind or kinds of coverage;

(D) Determination of the conditions, limitations, exclusions, endorsements, amendments and deductible forms of insurance coverage;

(E) Inspections or examinations relating to insurance coverage of state property, activities and responsibilities;

(F) Reinsurance; and

(G) Any and all matters, factors and considerations entering into negotiations for advantageous rates on and coverage of such state property, activities and responsibilities.

(2) The board shall endeavor to secure reasonably broad protection against loss, damage or liability to state property and on account of state activities and responsibilities by proper, adequate, available and affordable insurance coverage and through the introduction and employment of sound and accepted principles of insurance, methods of protection and principles of loss control and risk.

(3) The board is not required to provide insurance for every state property, activity or responsibility.

(4) Any policy of insurance purchased or contracted for by the board shall provide that the insurer shall be barred and estopped from relying upon the constitutional immunity of the State of West Virginia against claims or suits: Provided, That nothing herein shall bar a state agency or state instrumentality from relying on the constitutional immunity granted the State of West Virginia against claims or suits arising from or out of any state property, activity or responsibility not covered by a policy or policies of insurance: Provided, however, That nothing herein shall bar the insurer of political subdivisions from relying upon any statutory immunity granted such political subdivisions against claims or suits.

(5) The board shall make a complete survey of all presently owned and subsequently acquired state property subject to insurance coverage by any form of insurance, which survey shall include and reflect inspections, appraisals, exposures, fire hazards, construction and any other objectives or factors affecting or which might affect the insurance protection and coverage required.

(6) The board shall keep itself currently informed on new and continuing state activities and responsibilities within the insurance coverage herein contemplated. The board shall work closely in cooperation with the State Fire Marshal's office in applying the rules of that office insofar as the appropriations and other factors peculiar to state property will permit.

(7) The board may negotiate and effect settlement of any and all insurance claims arising on or incident to losses of and damages to covered state properties, activities and responsibilities hereunder and shall have authority to execute and deliver proper releases of all such claims when settled. The board may adopt rules and procedures for handling, negotiating and settlement of all such claims. Any discussion or consideration of the financial or personal information of an insured may be held by the board in executive session closed to the public, notwithstanding the provisions of article nine-a, chapter six of this code.

(8) The board may employ an executive director ~~for an annual salary of seventy thousand dollars~~ and such other employees, including legal counsel, as may be necessary to carry out its duties. The executive director shall receive an annual salary as provided in section two-a, article seven, chapter six of this code. The legal counsel may represent the board before any judicial or administrative tribunal and perform such other duties as may be requested by the board.

(9) The board may enter into any contracts necessary to the execution of the powers granted to it by this article or to further the intent of this article.

(10) The board may make rules governing its functions and operations and the procurement of state insurance. Except where otherwise provided by statute, rules of the board are subject to the provisions of article three, chapter twenty-nine-a of this code.

(11) The funds received by the board, including, but not limited to, state agency premiums, mine subsidence premiums and political subdivision premiums, shall be deposited with the West Virginia Investment Management Board with the interest income and returns on investment a proper credit to such property insurance trust fund or liability insurance trust fund as applicable.

(b) (1) Definitions. -- The following words and phrases when used in this subsection, for the purposes of this subsection, have the meanings respectively ascribed to them in this subsection;

(A) "Political subdivision" has the same meaning as in section three, article twelve-a of this chapter;

(B) "Charitable" or "public service organization" means any hospital in this state which has been certified as a critical access hospital by the federal Centers for Medicare and Medicaid Services upon the designation of the state Office of Rural Health Policy, the Office of Community and Rural Health Services, the Bureau for Public Health or the Department of Health and Human Resources and any bona fide, not-for-profit, tax-exempt, benevolent, educational, philanthropic, humane, patriotic, civic, religious, eleemosynary, incorporated or unincorporated association or organization or a rescue unit or other similar volunteer community service organization or association, but does not include any nonprofit association or organization, whether incorporated or not, which is organized primarily for the purposes of influencing legislation or supporting or promoting the campaign of any candidate for public office; and

(C) "Emergency medical service agency" has the same meaning as in section three, article four-c, chapter sixteen of this code.

(2) If requested by a political subdivision, a charitable or public service organization or an emergency medical services agency, the board may, but is not required to, provide property and liability insurance to insure the property, activities and responsibilities of the political subdivision, charitable or public service organization or emergency medical services agency. The board may enter into any contract necessary to the execution of the powers granted by this article or to further the intent of this article.

(A) Property insurance provided by the board pursuant to this subsection may also include insurance on property leased to or loaned to the political subdivision, a charitable or public service organization or an emergency medical services agency which is required to be insured under a written agreement.

(B) The cost of insurance, as determined by the board, shall be paid by the political subdivision, the charitable or public service organization or the emergency medical services agency and may include administrative expenses. For purposes of this section, if an emergency medical services agency is a for-profit entity, its claims history may not adversely affect other participants' rates in the same class.

(c) (1) The board has general supervision and control over the optional medical liability insurance programs providing coverage to health care providers as authorized by the provisions of article twelve-b of this chapter. The board is hereby granted and may exercise all powers necessary or appropriate to carry out and effectuate the purposes of this article.

(2) The board shall:

(A) Administer the preferred medical liability program and the high-risk medical liability program and exercise and perform other powers, duties and functions specified in this article;

(B) Obtain and implement, at least annually, from an independent outside source, such as a medical liability actuary or a rating organization experienced with the medical liability line of insurance, written rating plans for the preferred medical liability program and high-risk medical liability program on which premiums shall be based;

(C) Prepare and annually review written underwriting criteria for the preferred medical liability program and the high-risk medical liability program. The board may utilize review panels, including, but not limited to, the same specialty review panels to assist in establishing criteria;

(D) Prepare and publish, before each regular session of the Legislature, separate summaries for the preferred medical liability program and high-risk medical liability program activity during the preceding fiscal year, each summary to be included in the Board of Risk and Insurance Management audited financial statements as "other financial information" and which shall include a balance sheet, income statement and cash flow statement, an actuarial opinion addressing adequacy of reserves, the highest and lowest premiums assessed, the number of claims filed with the program by provider type, the number of judgments and amounts paid from the program, the number of settlements and amounts paid from the program and the number of dismissals without payment;

(E) Determine and annually review the claims history debit or surcharge for the high-risk medical liability program;

(F) Determine and annually review the criteria for transfer from the preferred medical liability program to the high-risk medical liability program;

(G) Determine and annually review the role of independent agents, the amount of commission, if any, to be paid therefor and agent appointment criteria;

(H) Study and annually evaluate the operation of the preferred medical liability program and the high-risk medical liability program and make recommendations to the Legislature, as may be appropriate, to ensure their viability, including, but not limited to, recommendations for civil justice reform with an associated cost-benefit analysis, recommendations on the feasibility and desirability of a plan which would require all health care providers in the state to participate with an associated cost-benefit analysis, recommendations on additional funding of other state run insurance plans with an associated cost-benefit analysis and recommendations on the desirability of ceasing to offer a state plan with an associated analysis of a potential transfer to the private sector with a cost-benefit analysis, including impact on premiums;

(I) Establish a five-year financial plan to ensure an adequate premium base to cover the long tail nature of the claims-made coverage provided by the preferred medical liability program and the high-risk medical liability program. The plan shall be designed to meet the program's estimated total financial requirements, taking into account all revenues projected to be made available to the program, and apportioning necessary costs equitably among participating classes of health care providers. For these purposes, the board shall:

(i) Retain the services of an impartial, professional actuary, with demonstrated experience in analysis of large group malpractice plans, to estimate the total financial requirements of the program for each fiscal year and to review and render written professional opinions as to financial plans proposed by the board. The actuary shall also assist in the development of alternative financing options and perform any other services requested by the board or the executive director. All reasonable fees and expenses for actuarial services shall be paid by the board. Any financial plan or modifications to a financial plan approved or proposed by the board pursuant to this section shall be submitted to and reviewed by the actuary and may not be finally approved and submitted to the Governor and to the Legislature without the actuary's written professional opinion that the plan may be reasonably expected to generate sufficient revenues to meet all estimated program and administrative costs, including incurred but not reported claims, for the fiscal year for which the plan is proposed. The actuary's opinion for any fiscal year shall include a requirement for establishment of a reserve fund;

(ii) Submit its final, approved five-year financial plan, after obtaining the necessary actuary's opinion, to the Governor and to the Legislature no later than the first day of January preceding the fiscal year. The financial plan for a fiscal year becomes effective and shall be implemented by the executive director on the first day of July of the fiscal year. In addition to each final, approved financial plan required under this section, the board shall also simultaneously submit an audited financial statement based on generally accepted accounting practices (GAAP) and which shall include allowances for incurred but not reported claims: Provided, That the financial statement and the accrual-based financial plan restatement shall not affect the approved financial plan. The provisions of chapter twenty-nine-a of this code shall not apply to the preparation, approval and implementation of the financial plans required by this section;

(iii) Submit to the Governor and the Legislature a prospective five-year financial plan beginning on the first day of January, two thousand three, and every year thereafter, for the programs established by the provisions of article twelve-b of this chapter. Factors that the board shall consider include, but shall not be limited to, the trends for the program and the industry; claims history, number and category of participants in each program; settlements and claims payments; and judicial results;

(iv) Obtain annually, certification from participants that they have made a diligent search for comparable coverage in the voluntary insurance market and have been unable to obtain the same;

(J) Meet on at least a quarterly basis to review implementation of its current financial plan in light of the actual experience of the medical liability programs established in article twelve-b of this chapter. The board shall review actual costs incurred any revised cost estimates provided by the actuary, expenditures and any other factors affecting the fiscal stability of the plan and may make any additional modifications to the plan necessary to ensure that the total financial requirements of these programs for the current fiscal year are met;

(K) To analyze the benefit of and necessity for excess verdict liability coverage;

(L) Consider purchasing reinsurance, in the amounts as it may from time to time determine is appropriate, and the cost thereof shall be considered to be an operating expense of the board;

(M) Make available to participants, optional extended reporting coverage or tail coverage: Provided, That, at least five working days prior to offering such coverage to a participant or participants, the board shall notify the President of the Senate and the Speaker of the House of Delegates in writing of its intention to do so and such notice shall include the terms and conditions of the coverage proposed;

(N) Review and approve, reject or modify rules that are proposed by the executive director to implement, clarify or explain administration of the preferred medical liability program and the high-risk medical liability program. Notwithstanding any provisions in this code to the contrary, rules promulgated pursuant to this paragraph are not subject to the provisions of sections nine through sixteen, inclusive, article three, chapter twenty-nine-a of this code. The board shall comply with the remaining provisions of article three and shall hold hearings or receive public comments before promulgating any proposed rule filed with the Secretary of State: Provided, That the initial rules proposed by the executive director and promulgated by the board shall become effective upon approval by the board notwithstanding any provision of this code;

(O) Enter into settlements and structured settlement agreements whenever appropriate. The policy may not require as a condition precedent to settlement or compromise of any claim the consent or acquiescence of the policyholder. The board may own or assign any annuity purchased by the board to a company licensed to do business in the state;

(P) Refuse to provide insurance coverage for individual physicians whose prior loss experience or current professional training and capability are such that the physician represents an unacceptable risk of loss if coverage is provided;

(Q) Terminate coverage for nonpayment of premiums upon written notice of the termination forwarded to the health care provider not less than thirty days prior to termination of coverage;

(R) Assign coverage or transfer insurance obligations and/or risks of existing or in-force contracts of insurance to a third-party medical professional liability insurance carrier with the comparable coverage conditions as determined by the board. Any transfer of obligation or risk shall effect a novation of the transferred contract of insurance and if the terms of the assumption reinsurance agreement extinguish all liability of the board and the State of West Virginia such extinguishment shall be absolute as to any and all parties; and

(S) Meet and consult with and consider recommendations from the Medical Malpractice Advisory Panel established by the provisions of article twelve-b of this chapter.

(d) If, after the first day of September, two thousand two, the board has assigned coverages or transferred all insurance obligations and/or risks of existing or in-force contracts of insurance to a third-party medical professional liability insurance carrier, and the board otherwise has no covered participants, then the board shall not thereafter offer or provide professional liability insurance to any health care provider pursuant to the provisions of subsection (c) of this section or the provisions of article twelve-b of this chapter unless the Legislature adopts a concurrent resolution authorizing the board to reestablish medical liability insurance programs.
CHAPTER 33. INSURANCE.
ARTICLE 2. INSURANCE COMMISSIONER.

§33-2-2. Compensation and expenses of commissioner and employees; location of office.

The commissioner shall receive an annual salary ~~of forty-seven thousand eight hundred dollars~~ as provided in section two-a, article seven, chapter six of this code and actual expenses incurred in the performance of official business, which compensation shall be in full for all services. The office of the commissioner shall be maintained in the capitol or other suitable place in Charleston. The commissioner may employ such persons and incur such expenses as may be necessary in the discharge of his duties and shall fix the compensation of such employees, but such compensation shall not exceed the appropriation therefor. The commissioner may reimburse employees for reasonable expenses incurred for job-related training and educational seminars and courses. All compensation for salaries and expenses of the commissioner and his employees shall be paid monthly out of the State Treasury by requisition upon the Auditor, properly certified by the commissioner.
CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.
ARTICLE 2. ALCOHOLIC BEVERAGE CONTROL COMMISSIONER.
§60-2-9. Salary and expenses.

The commissioner shall receive an annual salary ~~of sixty thousand dollars~~ as provided in section two-a, article seven, chapter six of this code, and shall be paid actual and necessary traveling expenses incurred in performance of the official duties of the office.;

And,

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 §18-3-1 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 §21A-4-5 of said code; to amend and reenact §22-1-6 of said code; to amend and reenact §29-1-1 of said code; to amend and reenact §29-12-5 of said code; to amend and reenact §33-2-2 of said code; and to amend and reenact §60-2-9 of said code, all relating to salary adjustments for certain public officials.

On motion of Senator Helmick, the following amendment to the House of Delegates amendments to the bill was reported by the Clerk and adopted:

On page two, section two, subsection (b), subdivision (1), after the words "one hundred" by inserting the word "fifty".

On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments, as amended.

Engrossed Senate Bill No. 558, as amended, was then 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, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, White and Tomblin (Mr. President)--29.

The nays were: Guills, Harrison, Unger, Weeks and Yoder--5.

Absent: None.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 558) passed with its House of Delegates amended 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, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, White and Tomblin (Mr. President)--29.

The nays were: Guills, Harrison, Unger, Weeks and Yoder--5.

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. 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 House Bill No. 2235, Increasing salaries for magistrate clerks, magistrate assistants and magistrate deputy clerks.

On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.

The following House of Delegates amendment to the title of the bill was reported by the Clerk:

On page one, by striking out the title and substituting therefor a new title, to read as follows:

Eng. Com. Sub. for House Bill No. 2235--A Bill to amend and reenact §50-1-8, §50-1-9 and §50-1-9a of the Code of West Virginia, 1931, as amended, all relating to employees of magistrate courts generally; increasing salaries for magistrate court clerks, magistrate assistants and magistrate court deputy clerks; and increasing the maximum number of magistrate court deputy clerks that may be appointed.

On motion of Senator Chafin, the Senate concurred in the House of Delegates amendment to the title of the bill.

Engrossed Committee Substitute for House Bill No. 2235, as amended, was then put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2235) passed with its House of Delegates amended title.

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

Eng. Com. Sub. for House Bill No. 4119, Creating the ATV Responsibility Act.

On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.

The following House of Delegates amendment to the Senate amendment to the bill was reported by the Clerk:

On pages three and four, section four, subsection (a), by striking out all of subdivisions (6) through (9) and inserting in lieu thereof the following:

(6) Provide all-terrain vehicles or motorcycles which are age and size appropriate as recommended by the manufacturer;

(7) Make reasonable and prudent efforts to ensure that participants have received the safety training required by the provisions of the legislative rule for the use of the Hatfield-McCoy Regional Recreation Area;

(8) Make certain that every guide offered to participants by the authorized outfitter or licensee has a current standard first- aid training certificate and CPR certificate issued by the American Red Cross or its equivalent and ATV safety training through the ATV Safety Institute;

(9) Make certain that employees carry first-aid kits when acting as guides; and

(10) Make known to any participant any dangerous condition as to trail lands, facilities or equipment to be traversed or used which is known by the outfitter or licensee.

On motion of Senator Chafin, the Senate concurred in the foregoing House of Delegates amendment to the Senate amendment to the bill.

Engrossed Committee Substitute for House Bill No. 4119, as amended, was then put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4119) passed with its title.

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

A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments, as amended by the House of Delegates, passage as amended with its House of Delegates amended title, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendments to the Senate amendments, as to

Eng. Com. Sub. for House Bill No. 4513, Transferring authority to the Insurance Commissioner regarding employers in default to old workers' compensation fund.

On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.

The following House of Delegates amendments to the Senate amendments to the bill were reported by the Clerk:

On page two, by striking out everything after the enacting clause and inserting in lieu thereof the following:

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §33-2-22, to read as follows:
ARTICLE 2. INSURANCE COMMISSIONER.

§33-2-22. Authority of Insurance Commissioner regarding employers in default to workers' compensation funds; injunctions against defaulting employers.

(a) Upon termination of the Workers' Compensation Commission, all of the powers and authority previously conferred upon the Workers' Compensation Commission pursuant to article two, chapter twenty-three of this code, relating to employers in default to the Workers' Compensation Fund, are hereby transferred to the Insurance Commissioner and shall be applied by the commissioner to those employers in default to the Old Fund or having liability to the Uninsured Employers' Fund or who are in policy default or fail to maintain mandatory workers' compensation coverage, all as defined in article two-c, chapter twenty-three of this code.

(b) In any case in which an employer is in default to the Old Fund or has liability to the Uninsured Employers' Fund or who is in default on a policy or otherwise fails to maintain mandatory workers' compensation coverage, all as defined in article two-c, chapter twenty-three of this code, the commission may bring an action in the circuit court of Kanawha County to enjoin the employer from continuing to operate the employer's business: Provided, That the commissioner may, in his or her sole discretion, and as an alternative to this action pursuant to this subsection, require the employer to file a bond, in the form prescribed by the commissioner, with satisfactory surety in an amount not less than one hundred fifty percent of the total payments, interest and penalties due.

(c) In any action instituted pursuant to subsection (b) of this section, the circuit court shall issue an injunction prohibiting the employer from operating the employer's business, if the Insurance Commissioner proves by a preponderance of the evidence, that the employer is in default to the Old Fund or has liability to the uninsured fund or is in policy default or has otherwise failed to maintain mandatory workers' compensation coverage.

(d) Notwithstanding any provision of this code to the contrary, the commissioner shall have the authority to waive penalty and interest accrued on moneys due the Old Fund. The enactment of the provisions of this subsection shall be applied retrospectively to the first day of January, two thousand six, and may not be construed to require the commissioner to adjust or otherwise modify any agreements reached with regard to the payment of penalty or interest since that date.;

And,

On pages one and two, by striking out the title and substituting therefor a new title, to read as follows:

Eng. Com. Sub. for House Bill No. 4513--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-2-22, relating to the Insurance Commissioner's authority; transferring authority of the former Workers' Compensation Commission to the Insurance Commissioner with respect to collection of amounts owed by employers; permitting Insurance Commissioner to accept a bond from defaulting employers; requiring circuit courts to issue injunction against operation of business by a defaulting employer; and permitting the commissioner to waive penalties and interest on moneys due the Old Fund.

On motion of Senator Chafin, the Senate concurred in the foregoing House of Delegates amendments to the Senate amendments to the bill.

Engrossed Committee Substitute for House Bill No. 4513, as amended, was then put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4513) passed with its House of Delegates amended title.

Senator Chafin moved that the bill take effect from passage.

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 H. B. No. 4513) takes effect from passage.

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

A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments, as amended by the House of Delegates, passage as amended with its Senate amended title, and requested the concurrence of the Senate in the House of Delegates amendment to the Senate amendments, as to

Eng. Com. Sub. for House Bill No. 4790, Prescribing and modifying the duties of the Secretary of the Department of Health and Human Resources in child welfare placement.

On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.

The following House of Delegates amendment to the Senate amendments to the bill was reported by the Clerk:

On pages thirteen and fourteen, section four, by striking out all of subsections (b) and (c) and inserting in lieu thereof the following:

(b) The ~~commissioner~~ secretary shall review the rules promulgated pursuant to the provisions of this article at least once every five years, making revisions when necessary or convenient: Provided, That on or before the first day of September, two thousand six, the department shall promulgate emergency rules pursuant to the provisions of article three, chapter twenty-nine-a of this code that amend and replace licensing requirements for group residential programs for children, 78 CSR 3, and child-placing agencies for children, 78 CSR 2: Provided, however, That on or before the first day of July, two thousand six, the department shall promulgate emergency rules pursuant to the provisions of article three, chapter twenty-nine-a of this code that create requirements for informal family child care homes and relative family child care homes that voluntarily register with the department. All individuals, facilities, entities, programs, agencies or family child care homes subject to said emergency rules shall have one hundred eighty days to come into compliance after promulgation of such rules.

On motion of Senator Chafin, the Senate concurred in the foregoing House of Delegates amendment to the Senate amendments to the bill.

Engrossed Committee Substitute for House Bill No. 4790, as amended, was then put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4790) passed with its Senate amended title.

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

At the request of Senator Kessler, unanimous consent being granted, the Senate returned to the second order of business and the introduction of guests.

The Senate again proceeded to the third order of business.

A message from The Clerk of the House of Delegates announced the adoption by that body of the committee of conference report, passage as amended by the conference report with its conference amended title, and requested the concurrence of the Senate in the adoption thereof, as to

Eng. Com. Sub. for House Bill No. 4488, Creating a commission to complete a comprehensive study of the state's behavioral health system.

Whereupon, Senator Hunter, from the committee of conference on matters of disagreement between the two houses, as to

Eng. Com. Sub. for House Bill No. 4488, Creating a commission to complete a comprehensive study of the state's behavioral health system.

Submitted the following report, which was received:

Your committee of conference on the disagreeing votes of the two houses as to the amendments of the Senate to Engrossed Committee Substitute for House Bill No. 4488 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses, as follows:

That the House of Delegates agree to the Senate amendment on page two, section one, line seven;

That the House of Delegates agree to the Senate amendment on page two, section one, lines seven and eight;

That the House of Delegates agree to the Senate amendment on page three, section one, lines twenty-six and twenty-seven;

That both houses recede from their respective positions as to the amendments of the Senate on page five, section three, and that the Senate and House agree to an amendment as follows:

On page four, line ten, by striking out section three and inserting in lieu thereof the following:
§16-42-3. Comprehensive Behavioral Health Commission.

(a) There is created within the Department of Health and Human Resources the Comprehensive Behavioral Health Commission to study the current behavioral health system, including substance abuse and domestic violence when those conditions have an effect upon or are impacted by the system.

(b) The commission consists of a representative of the circuit and family court system, as appointed by the Chief Justice of the West Virginia Supreme Court of Appeals, a representative of the Commissioner of the Division of Corrections, the Commissioner of the Bureau of Senior Services, the Secretary of the Department of Health and Human Resources, the Commissioner of the Bureau for Behavioral Health and Health Facilities, the Commissioner of the Bureau for Children and Families; the Executive Director of the West Virginia Chapter of the National Alliance on Mental Illness; the Chancellor for Higher Education; and one physician with a speciality in psychiatry appointed by the Governor from a list provided by the West Virginia Medical Association. Each ex officio member may appoint a designee. One member of the House of Delegates, appointed by the Speaker, and one member of the Senate, appointed by the President, serve as nonvoting members. The Governor shall appoint a chairperson.

(c) The commission shall meet at times and places as it finds necessary and shall be staffed by the Bureau for Behavioral Health and Health Facilities and the Health Care Authority.

(d) An advisory board shall be created to serve in a consulting role to the commission members. The advisory board members shall be appointed by the Governor as follows:

(1) One member from a list provided by the West Virginia Chapter of the National Association of Social Workers;

(2) One member from a list provided by the West Virginia Hospital Association;

(3) One member who is a psychologist from a list provided by the West Virginia Psychological Association;

(4) One citizen member from a list of two nominees from each medical school;

(5) One member from a list of five nominees provided by the Primary Care Association;

(6) One member from a list provided by the West Virginia Behavioral Health Care Providers Association;

(7) One member from a list provided by the West Virginia Child Care Association; and

(8) One member from a list provided by the Council of Churches.

(e) Each member of the commission and advisory board is entitled to receive compensation and expense reimbursement for attending official meetings or engaging in official duties not to exceed the amount paid to members of the Legislature for their interim duties as recommended by the Citizens Legislative Compensation Commission and authorized by law. A commission member may not receive compensation for travel days that are not on the same day as the official meeting or official duties.;

And,

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

Eng. Com. Sub. for House Bill No. 4488--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-42-1, §16-42-2, §16-42-3, §16-42-4, §16-42-5, §16-42-6 and §16-42-7, all relating to a study of the behavioral health system of West Virginia; creating a commission of public and private citizens; creating an advisory board; setting forth findings and the purpose; setting forth the requirements of the study; requiring the commission to submit periodic and final reports; requiring the Department of Health and Human Resources to submit periodic reports; providing for compensation of commission and advisory board members; and including a date certain for the conclusion of the commission's work.

Respectfully submitted,

Barbara Hatfield, Chair, Charlene Marshall, Bob Ashley, Conferees on the part of the House of Delegates.

Jon Blair Hunter, Chair, William R. Sharpe, Jr., Jesse O. Guills, Conferees on the part of the Senate.

On motions of Senator Hunter, severally made, the report of the committee of conference was taken up for immediate consideration and adopted.

Engrossed Committee Substitute for House Bill No. 4488, as amended by the conference report, was then put upon its passage.

On the passage of the bill, as amended, 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 H. B. No. 4488) passed with its conference amended title.

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

A message from The Clerk of the House of Delegates announced the adoption by that body of the committee of conference report, passage as amended by the conference report with its conference amended title, to take effect from passage, and requested the concurrence of the Senate in the adoption thereof, as to

Eng. Com. Sub. for House Bill No. 4021, Relating to a pilot program authorizing participating health care clinics and private medical practitioners to provide primary and preventive health services for a prepaid fee.

Whereupon, Senator Prezioso, from the committee of conference on matters of disagreement between the two houses, as to

Submitted the following report, which was received:

Your committee of conference on the disagreeing votes of the two houses as to the amendments of the House of Delegates to the Senate amendments to Engrossed Committee Substitute for House Bill No. 4021 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses, as follows:

That both houses recede from their respective positions as to the amendment of the House of Delegates to the Senate amendment to the bill, striking out everything after the enacting clause, and agree to the same as follows:

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §5-16B-6d; that §9-2-9 of said code be amended and reenacted; that said code be amended by adding thereto a new article, designated §16-2J-1, §16-2J-2, §16-2J-3, §16-2J-4, §16-2J-5, §16-2J-6, §16-2J-7, §16-2J-8 and §16-2J-9; that said code be amended by adding thereto a new article, designated §16-29G-1, §16-29G-2, §16-29G-3, §16-29G-4 and §16-29G-5; and that said code be amended by adding thereto a new article, designated §33-15D-1, §33-15D-2, §33-15D-3, §33-15D-4, §33-15D-5, §33-15D-6, §33-15D-7, §33-15D-8, §33-15D-9, §33-15D-10 and §33-15D-11, all to read as follows:
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE
GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL;
BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES,
COMMISSIONS, OFFICES, PROGRAMS, ETC.
ARTICLE 16B. WEST VIRGINIA CHILDREN'S HEALTH INSURANCE PROGRAM.
§5-16B-6d. Modified benefit plan implementation.

(a) Upon approval by the Centers for Medicare and Medicaid Services, the board shall implement a program for uninsured children of families with income between two hundred and three hundred percent of the federal poverty level.

(b) The benefit plans offered pursuant to this section shall include services determined to be appropriate for children, but may vary from those currently offered by the board.

(c) The board shall structure the benefit plans for this expansion to include premiums, coinsurance or copays and deductibles. The board shall develop the cost-sharing features in such a manner as to keep the program fiscally stable without creating a barrier to enrollment. Such features may include different cost-sharing features within this group based upon the percentage of the federal poverty level.

(d) Children covered by an employer-sponsored health insurance plan during the previous twelve-month period are not eligible for coverage under this expansion, unless that coverage is lost due to the parent's loss of employment.

(e) Provider reimbursement schedules shall be no lower than the reimbursement provided for the same services under the plans offered in article sixteen of this chapter.

(f) All provisions of this article are applicable to this expansion unless expressly addressed in this section.

(g) Nothing in this section may be construed to require any appropriation of state general revenue funds for the payment of any benefit provided pursuant to this section, except for the state appropriation used to match the federal financial participation funds. In the event that federal funds are no longer authorized for participation by individuals eligible at income levels above two hundred percent, the board shall take immediate steps to terminate the expansion provided for in this section and notify all enrollees of such termination. In the event federal appropriations decrease for the programs created pursuant to Title XXI of the Social Security Act of 1997, the board is directed to make those decreases in this expansion program before making changes to the programs created for those children whose family income is less than two hundred percent of the federal poverty level.

(h) The board is directed to report no less than quarterly to the Legislative Oversight Commission on Health and Human Resources Accountability on the development, implementation and progress of the expansion authorized in this section.
CHAPTER 9. HUMAN SERVICES.

ARTICLE 2. COMMISSIONER OF HUMAN SERVICES; POWERS, DUTIES AND RESPONSIBILITIES GENERALLY.

§9-2-9. Secretary to develop Medicaid monitoring and case management.

(a) ~~On or before the first day of January, one thousand nine hundred ninety-four the,~~ The Secretary of the Department of Health and Human Resources shall:

(1) Develop a managed care system to monitor the services provided by the Medicaid program to individual clients;

(2) Develop an independent referral service, including the review of individual cases for abuses of the program; and

(3) Develop a schedule for implementation of the managed care and independent referral system. The managed care system shall focus on, but not be limited to, the behavioral health and mental health services.

(b) In addition thereto, and in accordance with applicable federal Medicaid laws, the secretary shall prepare recommendations, to be submitted to the Joint Committee on Government and Finance. ~~on or before the first day of January, one thousand nine hundred ninety-four.~~ In developing recommendations, the secretary shall consider as options the following:

(1) Review of Medicaid services which are optional under federal Medicaid law and identification of services to be retained, reduced or eliminated;

(2) The elimination, reduction or phase-out of: (i) Services which are not generally available to West Virginia citizens not covered under the state's Medicaid program; or (ii) services which are not generally covered under group policies of insurance made available to employees of employers within the state;

(3) The elimination or reduction of services, or reduction of provider reimbursement rates, for identified services of marginal utility;

(4) Higher reimbursement rates for primary and preventive care;

(5) Changes in fee structure, which may include a system of prospective payments, and may include establishment of global fees for identified services or diagnoses including maternity care;

(6) Utilization caps for certain health care procedures;

(7) Restriction of coverage for cosmetic procedures;

(8) Identification of excessive use of certain health care procedures by individuals and a policy to restrict excessive use;

(9) Identification of services which reduce the need for more costly options for necessary care and retention or expansion of those programs;

(10) Identification of services for which preauthorization ~~should be~~ is a requirement for Medicaid reimbursement;

(11) Recommendations relating to the development of a demonstration project on long-term care, which demonstration project may be limited to patients with Alzheimer's disease;

(12) A policy concerning the department's procedures for compliance, monitoring and inspection; and

(13) Such other options as may be developed.

(c) The secretary shall utilize in-state health care facilities for inpatient treatment when such facilities are available. Prior authorization, consistent with applicable federal law, shall be required for out-of-state inpatient treatment.

(d) The secretary shall report to the Joint Committee on Government and Finance on the development and implementation of Medicaid programs that provide incentives to working persons. The secretary shall consider: Subsidies for low-income working persons; individual or small employer buy-ins to the state Medicaid fund; prospective payment systems for primary care physicians in underserved areas; and a system to improve monitoring of collections, expenditures, service delivery and utilization.

(e) The secretary shall report quarterly to the Joint Committee on Government and Finance regarding provider and facility compliance with federal and state Medicaid laws, including, but not limited to, the following: The number of inspections conducted during the previous quarter; description of programs, services and facilities reviewed; findings; and recommendations for corrections.

(f) The secretary shall, upon federal certification of the claims management system, ensure that the claims management system processing Medicaid claims provides:

(1) Detailed quarterly financial reports to the Legislative Oversight Commission on Health and Human Resources Accountability;

(2) A management reporting system no later than the first day of July, two thousand six; and

(3) Specific utilization data by provider, member eligibility groups and service no later than the first day of October, two thousand six.
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 2J. PREVENTIVE CARE PILOT PROGRAM.
§16-2J-1. Legislative findings and statement of purpose.

(a) The Legislature finds that a program that would allow health clinics and private medical practitioners to provide primary and preventive health services for a prepaid fee would enable more West Virginians to gain access to affordable health care and to establish a medical home for purposes of receiving primary and preventative health care services. By establishing a pilot project for clinic-based health care, the Legislature intends to enable state health and insurance officials to study this method of delivering health services, to encourage all West Virginians to establish a medical home and to determine the success, continued need and feasibility of expanding such a program and allowing similar programs to operate on a statewide basis.

(b) In carrying out this pilot program, it is the intent of the Legislature to eliminate legal, statutory and regulatory barriers to the establishment of pilot programs providing preventive and primary care services for a prepaid fee; to encourage residents of this state to establish and use a medical home; to expand preventive and primary care services for the uninsured; and to exempt health providers participating in the pilot program from regulation as an insurer, the operation of insurance laws of the state and all other laws inconsistent with the purposes of this article.
§16-2J-2. Definitions.

For the purposes of this article, the following definitions apply:

(1) "Dependent" has the same meaning set forth in subsection (d), section one-a, article sixteen, chapter thirty-three of this code;

(2) "Family" means a subscriber and his or her dependents;

(3) "Medical home" means a team approach to providing health care and care management. Whether involving a primary care provider, specialist or subspecialist, care management includes the development of a plan of care, the determination of the outcomes desired, facilitation and navigation of the health care system, provision of follow-up and support for achieving the identified outcomes. The medical home maintains a centralized, comprehensive record of all health-related services to provide continuity of care;

(4) "Participating provider" means a provider under this article that has been granted a license under this article to operate as part of the pilot program;

(5) "Primary care" means basic or general health care which emphasizes the point when the patient first seeks assistance from the medical care system and the care of the simpler and more common illnesses;

(6) "Provider" has the same meaning as "ambulatory health care facility" set forth in subsection (b), section two, article two-d of this chapter or "private office practice" as set forth in subdivision (1), subsection (a), section four of said article;

(7) "Qualifying event" means loss of coverage due to: (i) Emancipation and resultant loss of coverage under a parent or guardian's plan; (ii) divorce and loss of coverage under the former spouse's plan; (iii) termination of employment and resultant loss of coverage under an employer group plan: Provided, That any rights of coverage under a COBRA continuation plan as that term is defined in section three-m, article sixteen, chapter thirty-three of this code shall not be considered coverage under an employer group health plan; (iv) involuntary termination of coverage under a group health benefit plan except for termination due to nonpayment of premiums or fraud by the insured; or (v) exhaustion of COBRA benefits;

(8) "Subscriber" means any individual who subscribes to a prepaid program approved and operated in accordance with the provisions of this article, including an employee of any employer that has purchased a group enrollment on behalf of its employees.

§16-2J-3. Authorization of preventive care pilot program; number of participants and sites; Health Care Authority considerations in selection of participating providers; funding.

(a) The Health Care Authority shall, in consultation with the Insurance Commissioner, develop and implement during the fiscal year beginning the first day of July, two thousand six, a pilot program that permits no more than eight providers to market and sell prepaid memberships entitling subscribers to obtain preventive and primary health care from the participating providers. Participating providers shall not be allowed to offer their qualifying services at more than three separate sites. The pilot program will be three years in length.

(b) Subject to the provisions of this article, the Health Care Authority is vested with discretion to select providers using diversity in practice organization, geographical diversity and other criteria it deems appropriate. The Health Care Authority also shall give consideration to providers located in rural areas or serving a high percentage or large numbers of uninsured.

(c) In furtherance of the objectives of this article, the Health Care Authority is authorized to accept any and all gifts, grants and matching funds whether in the form of money or services: Provided, That no gifts, grants and matching funds shall be provided to the Health Care Authority by the State of West Virginia to further the objectives of this article.
§16-2J-4. License for preventive care pilot program.

(a) No provider may participate in the pilot program without first obtaining a preventive care pilot program license from the Health Care Authority.

(b) The Health Care Authority shall determine the eligibility of providers to obtain licenses on the basis of applications filed by providers on forms developed by the Health Care Authority.

(c) Upon approval of the application, the participating provider shall be granted a license to market and sell prepaid health services under such terms as may be established in guidelines developed by the Health Care Authority and the Insurance Commissioner.

§16-2J-5. Insurance Commissioner approval of fees, marketing materials and forms and certification of financial condition; statement of services.

(a) The Insurance Commissioner shall develop guidelines for all forms, marketing materials and fees proposed by program applicants and participating providers under the same criteria generally applicable to accident and sickness insurance policies.

(b) All fees, marketing materials and forms proposed to be used by any program applicant or participating provider are subject to prior approval of the Insurance Commissioner, which the Insurance Commissioner shall communicate to the Health Care Authority. Fees may not be excessive, inadequate or unfairly discriminatory.

(c) The Insurance Commissioner must certify whether a program applicant or, upon the request of the Health Care Authority, an already participating provider is in a sound financial condition and capable of operating in a manner that is not hazardous to its prospective subscribers or the people of West Virginia.

(d) Every subscriber is entitled to evidence of program membership that shall contain a clear, concise and complete statement of the services provided by the participating provider and the benefits, if any, to which the subscriber is entitled; any exclusions or limitations on the service, kind of service, benefits, or kind of benefits, to be provided, including any copayments; and where and in what manner information is available as to how a service may be obtained.

(e) Fees paid to participating providers are not subject to premium taxes and surcharges imposed on insurance companies.

(f) Notwithstanding the provisions of chapter thirty-three of this code to the contrary, participation by providers in the preventive care clinic-based pilot program created and authorized pursuant to this article is not to be considered as providing insurance or as offering insurance services. Such providers and services are specifically excluded from the definitions of "insurer" and "insurance" as defined in article one, chapter thirty-three of this code, and are not subject to regulation by the Insurance Commissioner except to the extent set forth in this article, nor are participating providers unauthorized insurers pursuant to section four, article forty-four, chapter thirty-three of this code.
§16-2J-6. Rule-making authority.

The Health Care Authority and the Insurance Commissioner shall promulgate joint rules as necessary to implement the provisions of this article, including emergency rules, promulgated pursuant to chapter twenty-nine-a of this code.

§16-2J-7. Participating provider plan requirements: Primary care services; prior coverage restrictions; notice of discontinuance or reduction of benefits.

In addition to the provisions of this article and any guidelines established by the Health Care Authority and Insurance Commissioner, the plans offered pursuant to this article shall be subject to the following:

(1) Each participating provider and site must offer a minimum set of preventive and primary care services as established by the Health Care Authority.

(2) No participating provider may offer: (i) An individual plan to any individual who currently has a health benefit plan or who was covered by a health benefit plan within the preceding twelve months unless said coverage was lost due to a qualifying event; (ii) a family plan to any family that includes an adult to be covered who currently has a health benefit plan or who was covered by a health benefit plan within the preceding twelve months unless said coverage was lost due to a qualifying event; or (iii) an employee group plan to any employer that currently has a group health benefit plan or had a group health benefit plan covering its employees within the preceding twelve months.

(3) The Health Care Authority and the Insurance Commissioner may, by legislative rule, permit participation by an employer with a comprehensive high deductible plan if such employer is able to demonstrate that such participation will not negatively impact the coverage currently offered by such employer.

(4) A participating provider must provide subscribers and, where applicable, subscribers' employers with a minimum of thirty days' notice of discontinuance or reduction of subscriber benefits.

§16-2J-8. Guidelines for evaluation of the pilot program; report to Legislative Oversight Commission on Health and Human Resources Accountability.

(a) The Health Care Authority shall establish by guidelines criteria to evaluate the pilot program and may require participating providers to submit such data and other information related to the pilot program as may be required by the Health Care Authority: Provided, That all personal income tax returns filed pursuant to this article shall be treated as confidential pursuant to the provisions of section five-d, article ten, chapter eleven of this code. For purposes of this article, this information shall be exempt from disclosure under the Freedom of Information Act in article one, chapter twenty-nine-b of this code.

(b) No later than the first day of December, two thousand seven, and annually thereafter during the operation of the pilot program, the Health Care Authority must submit a report to the Legislative Oversight Commission of Health and Human Resources Accountability as established in article twenty-nine-e of this chapter on progress made by the pilot project including suggested legislation, necessary changes to the pilot program and suggested expansion of the pilot program.

§16-2J-9. Grounds for refusal to renew; revocation and suspension of pilot program license; penalties; termination of suspension, reissuance and renewal of license.

(a) The Health Care Authority may after notice and hearing refuse to renew, or may revoke or suspend the license of a participating provider, in addition to other grounds therefor in this article, if the participating provider:

(1) Violates any provision of this article;

(2) Fails to comply with any lawful rule or order of the Health Care Authority;

(3) Is operating in an illegal, improper or unjust manner;

(4) Is found by the Insurance Commissioner to be in an unsound condition or in such condition as to render its further operation in West Virginia hazardous to its subscribers or to the people of West Virginia;

(5) Compels subscribers under its contract to accept less service than due them or to bring suit against it to secure full service when it has no substantial defense;

(6) Refuses to be examined or to produce its accounts, records and files for examination by the Insurance Commissioner when requested to do so pursuant to section five of this article;

(7) Fails to pay any final judgment rendered against it in West Virginia within thirty days after the judgment became final or time for appeal expired, whichever is later;

(8) Fails to pay when due to the State of West Virginia any taxes, fees, charges or penalties.

(b) In addition to or in lieu of refusing to renew, revoking or suspending the license of a participating provider in any case, the Health Care Authority may, by order, require the participating provider to pay to the State of West Virginia a penalty in a sum not exceeding five thousand dollars for each violation. Upon the failure of the provider to pay such penalty within thirty days after notice thereof, the Health Care Authority shall revoke or suspend the license of such participating provider.

(c) When any license has been revoked or suspended or renewal thereof refused, the Health Care Authority may reissue, terminate the suspension of or renew such license when it is determined that the conditions causing such revocation, suspension or refusal to renew have ceased to exist and are unlikely to recur.
ARTICLE 29G. INTERAGENCY HEALTH COUNCIL.
§16-29G-1. Purpose and scope.

The purpose of this article is to establish the standards and criteria for evaluating the unmet health care needs within this state, to evaluate methods to meet those needs and to set forth recommendations related to services provided and services needed, access issues and related financing proposals.
§16-29G-2. Legislative findings and goals.

(a) The Legislature finds that the general welfare and well- being of the citizens of the state is greatly affected by their health status. The Legislature further finds that many of the citizens have unmet health care needs, which impairs their ability to lead full and productive lives. The Legislature further finds that the current health care system is sufficiently funded to meet those needs, but is not currently structured to adequately and uniformly meet the statewide needs of the population. The Legislature further finds that reforms to the health care delivery system, including the reimbursement structure, may address the inequities in access, the inequities in funding and result in a modified system that meets the needs of the state and its citizens.

(b) In consideration of the need for health care reform, the Legislature adopts the following goals:

(1) Access. -- West Virginia policy will reflect that access to health care is a public good. West Virginia shall develop strategies for having an integrated health care system that will attempt to provide all West Virginians, regardless of their age, employment, economic status or their town of residency, access to affordable, high quality health care that is financed in a fair and equitable manner.

(A) In order to develop an integrated health care delivery system, the state shall consider promoting local or regional collaborative efforts among provider groups that are designed to use available resources in a more equitable and efficient fashion.

(B) To improve access to health care, the state shall consider methods to expand benefits over time after meeting appropriate benchmarks set forth in section four of this article. A process will be developed to define the benefits, taking into consideration scientific evidence, available funds and the values and priorities of West Virginia citizens.

(2) It is of critical importance that health care costs are brought under control. Likewise, it is essential that cost containment initiatives address both the financing of health care and the delivery and quality of health services offered in West Virginia. To ensure financial sustainability of any proposed plan, the state is committed to the extent possible to slow the rate of growth of health care costs by the year two thousand ten. Strategies for containing costs may include consideration of:

(A) A budgeting process for hospitals and other health care providers as determined by the council established pursuant to this article;

(B) Increased consumer access to health care price and quality information;

(D) Enhanced prescription drug initiatives;

(E) Funding of chronic care initiatives;

(F) Investments in health information technology;

(G) Alignment of health care professional reimbursement with best practices and outcomes rather than utilization; and

(H) Development of a long-term strategy for integrating the health care delivery system as well as a strategy for integrating health care policy, planning and regulation within government.

(3) Quality. -- West Virginia's health delivery system should model continuous improvement of health care quality and safety. The tools and resources necessary to make informed use of all health care services should be available to all West Virginians. The state should look to incentives to health care professionals and facilities to provide the best and most appropriate care to West Virginians. The state's role in improving quality and safety should be through coordination of health care policy, planning and regulation.

(4) Equitable financing. -- The health care system in West Virginia should be funded fairly and equitably. All residents should have access to health care and all participating residents should contribute to its cost.

(c) No private cause of action, either express or implied, is created by or otherwise arises from the enactment, provisions or implementation of this article.

§16-29G-3. Interagency council created; duties.

(a) There is hereby created the "Interagency Health Council" consisting of the chairperson of the Health Care Authority, the Insurance Commissioner, the Secretary of the Department of Health and Human Resources, the Director of the Public Employees Insurance Agency and the Director of the Children's Health Insurance Program, and such other government agency persons as may be deemed necessary by the council. Each ex officio member of the council may appoint a designee. The council shall be chaired jointly by the chairperson of the Health Care Authority and the Insurance Commissioner until the Governor appoints another chairperson or co- chairpersons. The council shall:

(1) Identify and report emerging trends and behaviors among various participants in the health care system;

(2) Develop incentives to contain costs and methods to assess the effectiveness of cost-containment efforts;

(3) Develop quality of care initiatives;

(4) Direct the studies required to accomplish the goals of this section;

(5) Assess the feasibility of a publicly financed reinsurance program for all health plans doing business in West Virginia;

(6) Recommend alternative reimbursement mechanisms for health services that encourage cost effectiveness, improve the quality of care, increase efficiency, reward primary care practices that prevent chronic illnesses, avoid preventable hospitalizations and reduce long-term costs to the system;

(7) Assess whether any federal programs, including, but not limited to, Medicaid and the Children's Health Insurance Program, could be used to expand services if it is determined to be the most cost effective means available;

(8) Receive reports and analysis from the West Virginia Health Information Network established in this article and ensure that this information is integrated into health planning;

(9) Collaborate with any entity charged with responsibility for the development of a behavioral health plan to ensure a fully integrated system including both physical and mental health;

(10) Receive input and make recommendations, generally, to the Senate and House committees on Health and Finance, and the Joint Committee on Government and Finance regarding the long-term development of policies and programs designed to ensure that West Virginia is moving towards an integrated system of care that provides all citizens of West Virginia access to affordable, high quality health care that is financed in a fair and equitable manner.

(b) The council shall establish committees and subcommittees to assist in their work.

(c) The council shall propose demonstration or pilot projects designed to contain health care costs and improve the delivery and quality of health care including, but not limited to, a demonstration project to establish a regional system with providers and hospitals working cooperatively to provide and coordinate health care for all residents of the region.

(d) The council shall establish an advisory committee to study a payment and regulatory system that provides incentives to improve patient safety and quality while controlling the rate of growth of health care expenditures below current projected growth rates. The study shall include consideration of such items as hospital services, budgeting processes, efficient and economic operations, performance standards, utilization and inflation benchmarks, estimated cost shifts, uncompensated care, government payors and the impact of the state health plan. The council shall review the work of the advisory committee and report its findings and recommendations to the Legislature prior to the first day of January, two thousand eight.

(e) The council shall report to the Joint Committee on Government and Finance on an annual basis the estimated cost shift to the private sector created by the federal and state government payors. Government payors include, but are not limited to, the Bureau for Medical Services, the Children's Health Insurance Program, workers' compensation and the Public Employees Insurance Agency.

(f) The council may request analysis from appropriate state agencies as needed. The agencies shall report this information at such times as determined necessary to fulfill the council's oversight responsibilities.
§16-29G-4. Benchmarks and schedule.

(a) On or before the first day of January, two thousand seven, and each year thereafter, the council shall recommend to the Legislative Oversight Commission on Health and Human Resources Accountability those strategies that could move the state toward the goals established in this article.

(b) Prior to making recommendations the council shall find that the appropriate benchmarks for the strategy being recommended have been met:

(1) Financing necessary to support the recommendations is cost-neutral or less expensive with respect to the health care system and will not require more money than is projected to be spent in the existing system by West Virginia employers and individuals through taxes, premiums and out-of-pocket expenses;

(2) Administrative bureaucracy and costs will decrease as a percentage of total health care spending;

(3) Quality of care will be improved; and

(4) The future costs of health care will be less than the current growth rate, or the resources will be allocated in a manner that is more efficient and cost effective, based on progress in implementing the following cost containment measures:

(A) Payment system to hospitals;

(B) Increased consumer access to health care price and quality information;

(D) Enhanced prescription drug initiatives developed in cooperation with the pharmaceutical advocate;

(E) Funding of chronic care initiatives;

(F) Investments in health information technology;

(G) Alignment of health care professional reimbursement with best practices and outcomes rather than utilization; and

(H) The creation of additional federally qualified health centers (FQHC) or FQHC look-alikes if data supports this effort and the federal government so approves.

(c) Recommendations to the Legislature shall include an assessment of the cost savings or the reallocation of resources, increased access, improvements in quality and delivery, administrative simplification, fairness and equity in financing, continuity of coverage and financial sustainability.
§16-29G-5. Public notice and hearings.

(a) In recognition of the importance of public engagement, the council shall have four public hearings prior to the first day of January, two thousand seven, to solicit input from citizens, employers, hospitals, health care professionals, insurers, other stakeholders and interested parties about health care.

(b) The council shall report no less than quarterly to the Legislative Oversight Commission on Health and Human Resource Accountability and the Joint Committee on Government and Finance on its activities and recommendations in health care reform to date.
CHAPTER 33. INSURANCE.
ARTICLE 15D. INDIVIDUAL LIMITED HEALTH BENEFITS PLANS.
§33-15D-1. Declaration of legislative intent.

The Legislature recognizes that health insurance is priced beyond the reach of many citizens who could benefit from a basic health plan. One of the ways affordable premiums can be obtained is by some combination of limiting benefits and increasing copays or deductibles. In order to provide greater access to such affordable plans, the Legislature has determined that authorization of the sale of insurance policies with limited benefits that would include physician, inpatient and outpatient care, with an emphasis on preventive and primary care, will serve to bring insurance coverage to many of those West Virginians without any insurance coverage. It is, therefore, the intent of the Legislature to introduce flexibility in the design of health insurance plans to allow insurers to offer basic benefits, including preventive and primary care services, at affordable prices. This article may be known as the Affordable Health Insurance Act.

§33-15D-2. Individual limited health benefits plans; approval by commissioner; eligibility of individuals.

(a) As used in this article, "individual plan" means any plan approved by the commissioner as an "individual limited health benefits plan" in accordance with this article. Each such plan constitutes a "particular type of accident and sickness insurance coverage" for the purposes of subsection (a), section two-e, article fifteen of this chapter.

(b) Notwithstanding any other provision of this code, including provisions mandating the inclusion of certain benefits in individual health insurance plans, upon filing with and approval by the commissioner as an individual plan, any insurer, including a health maintenance organization or health service corporation, may offer the plan and rates associated with the plan to individuals subject to the conditions of this article.

(c) Any plan approved as an individual plan may, notwithstanding any other provisions of this chapter and subject to any other limitations on eligibility in this article or that may be contained in rules proposed by the commissioner for approval of the Legislature in accordance with article three, chapter twenty-nine-a of this code, only be offered to an adult between the ages of eighteen and sixty-four, inclusive, who:

(1) Has not had a health benefit plan covering him or her for at least the prior twelve consecutive months: Provided, That such a plan may not be offered to an employee of an employer that offers a health benefits plan to its employees unless that employee does not qualify for coverage under such employer plan; or

(2) Has lost coverage due to a qualifying event. A qualifying event shall include loss of coverage due to: (i) Emancipation and resultant loss of coverage under a parent's or guardian's plan; (ii) divorce and loss of coverage under the former spouse's plan; (iii) termination of employment and resultant loss of coverage under an employer group plan except for loss of employment for gross misconduct; or (iv) involuntary termination of coverage under a group health benefit plan except for termination due to nonpayment of premiums or fraud by the insured.

(d) Every individual plan offered pursuant to this article may limit eligibility on the basis of health status and an individual who has been treated for a health condition in the prior twelve months may have that condition excluded from coverage for the first twelve months of the policy term.

§33-15D-3. Applicability of certain provisions; commissioner's authority to forbear from applying certain provisions.

(a) Only the following provisions of article fifteen of this chapter apply to insurers offering individual plans pursuant to this article: Sections two-a, two-b, two-d, two-e, three, four, four-e, four-g, five, six, seven, eight, nine, eighteen and nineteen: Provided, That the provisions of subsection (a), section two-b, article fifteen of this chapter do not apply to such plans if the Secretary of the United States Department of Health and Human Services finds that the state is implementing an acceptable alternative mechanism in accordance with the provisions of 42 U. S. C. §300gg-44.

(b) Notwithstanding any other provision of this code, the provisions of article twenty-eight of this chapter and legislative rules regulating individual accident and sickness policies, including the rule contained in Series 12, Title 114 of the West Virginia Code of State Rules, do not apply to individual plans issued pursuant to this article unless and to the extent specifically incorporated in rules promulgated pursuant to the authority conferred by section seven of this article.

(c) The commissioner may forbear from applying any other statutory or regulatory requirements to an insurer offering an individual plan approved pursuant to this article, including any requirements in articles twenty-four and twenty-five-a, provided that the commissioner first determines that such forbearance serves the principles set forth in section one of this article.
§33-15D-4. Underwriting standards for individual plans.

Insurers shall underwrite individual plans in a comparable manner as they underwrite other individual health insurance plans governed by this chapter.
§33-15D-5. Reimbursement rates for individual plans.

Insurers shall reimburse providers pursuant to reimbursement rates previously negotiated with the providers.
§33-15D-6. Filing and approval of rates.

(a) Premium rate charges for any individual plans shall:

(1) Be reasonable in relation to the benefits available under the policy; and

(2) Notwithstanding the provisions of section one, article sixteen-b of this chapter, be filed with the commissioner for a waiting period of thirty days before the charges become effective. At the expiration of thirty days the premium rate charges filed are deemed approved unless prior thereto the charges have been affirmatively approved or disapproved by the commissioner.

(b) The commissioner shall disapprove premium rates that are not in compliance with the requirements of any rule promulgated pursuant to section seven of this article. The commissioner shall send written notice of the disapproval to the insurer. The commissioner may approve the premium rates before the thirty-day period expires by giving written notice of approval.
§33-15D-7. Certification of creditable coverage.

An insurer offering individual plans pursuant to the provisions of this article shall provide certification of creditable coverage in the same manner as provided in section three-m, article sixteen of this chapter.
§33-15D-8. Emergency rules authorized.

The commissioner shall promulgate emergency and legislative rules under the provisions of article three, chapter twenty-nine-a of this code on or before the first day of September, two thousand six, to prescribe requirements regarding ratemaking, which may include rules establishing loss ratio standards for individual plans; to place further limitations on the eligibility of individuals; to determine what medical treatments, procedures and related health services benefits must be included in such individual plans; and to provide for any other matters deemed necessary to further the intent of this article. In determining what medical treatments, procedures and related health services benefits must be included in such plans, the commissioner shall consider their effectiveness in improving the health status of individuals, their impact on maintaining and improving health and on reducing the unnecessary consumption of health care services and their impact on the affordability of health care coverage.
§33-15D-9. Disclaimer.

Each individual plan issued pursuant to this article shall include the following disclaimer printed in boldface type and located in a prominent portion of each policy, subscriber contract and certificate of coverage: "THIS LIMITED INDIVIDUAL HEALTH BENEFITS PLAN DOES NOT PROVIDE COMPREHENSIVE MEDICAL COVERAGE. IT IS A BASIC OR LIMITED BENEFITS POLICY AND CONTAINS SPECIFIC DOLLAR LIMITS THAT WILL BE PAID FOR MEDICAL SERVICES WHICH MAY NOT BE EXCEEDED. IF THE COST OF SERVICES EXCEEDS THOSE LIMITS, THE BENEFICIARY AND NOT THE INSURER IS RESPONSIBLE FOR PAYMENT OF THE EXCESS AMOUNTS."
§33-15D-10. Exemption from premium taxes.

Products authorized under this article are exempt from the premium taxes and surcharges assessed under article three of this chapter.
§33-15D-11. Severability; controlling provisions.

(a) If any provision of this act or the application thereof to any person or circumstance is for any reason held to be invalid, the remainder of the act and application of such provision to other persons or circumstances shall not be affected thereby.

(b) To the extent that provisions of this article differ from those contained elsewhere in this chapter, the provisions of this article control.;

And,

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

Eng. Com. Sub. for House Bill No. 4021--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16B-6d; to amend and reenact §9-2-9 of said code; to amend said code by adding thereto a new article, designated §16-2J-1, §16-2J-2, §16-2J-3, §16-2J-4, §16-2J-5, §16- 2J-6, §16-2J-7, §16-2J-8 and §16-2J-9; to amend said code by adding thereto a new article, designated §16-29G-1, §16-29G-2, §16-29G-3, §16-29G-4 and §16-29G-5; and to amend said code by adding thereto a new article, designated §33-15D-1, §33-15D-2, §33-15D-3, §33-15D- 4, §33-15D-5, §33-15D-6, §33-15D-7, §33-15D-8, §33-15D-9, §33-15D- 10 and §33-15D-11, all relating to health care programs; authorizing an expansion of the Children's Health Insurance Program; providing criteria for the expansion; providing limitations based on funding availability; providing for a Medicaid management reporting system; providing for quarterly financial reports from the Medicaid claims management system to the Legislative Oversight Commission on Health and Human Resources Accountability; requiring specific utilization data from the Medicaid claims management system; creating a pilot program authorizing participating health care clinics and private medical practitioners to provide primary and preventive health services for a prepaid fee; declaring legislative intent; authorizing approval of participants based on guidelines by the Health Care Authority and the Insurance Commissioner; requiring licensure by the Health Care Authority; authorizing the Insurance Commissioner to approve fees, marketing materials and forms and to certify financial soundness; authorizing study of the program by the Health Care Authority; providing for legislative rules; mandating a Health Care Authority report to the Legislative Oversight Commission on Health and Human Resources Accountability; setting grounds for revocation, suspension and failure to renew licenses; setting forth goals for health care reform; providing for an Interagency Health Council; providing for membership on the council; requiring council develop appropriate incentives, initiatives and assessments; providing for council to evaluate and recommend alternative reimbursement mechanisms; providing for council to establish an advisory committee; providing for council to measure and report on specific benchmarks; providing for council to make recommendations to the Legislative Oversight Commission on Health and Human Resources Accountability regarding the strategies to be used to meet the state's goals; requiring council to hold public hearings for the purpose of receiving relevant input; authorizing individual limited health benefits insurance plans; including preventive and primary care services; requiring approval of plans by Insurance Commissioner; providing eligibility requirements; setting forth statutory or regulatory provisions that do not apply to such plans; providing underwriting standards; continuing use of existing reimbursement rates; establishing criteria for filing and approval of premium rates; requiring certification of creditable coverage; authorizing Insurance Commissioner to promulgate emergency rules; mandating disclaimer on policies; exempting plans from premium taxes; providing for severability; providing rule of construction; and creating penalties.

Respectfully submitted,

Don C. Perdue, Chair, Doug Stalnaker, Corey L. Palumbo, John Pino, Mike Hall, Conferees on the part of the House of Delegates.

Roman W. Prezioso, Jr., Chair, Joseph M. Minard, Larry J. Edgell, Evan H. Jenkins, Donald T. Caruth, Conferees on the part of the Senate.

Senator Prezioso, Senate cochair of the committee of conference, was recognized to explain the report.

Thereafter, on motion of Senator Prezioso, the report was taken up for immediate consideration and adopted.

Engrossed Committee Substitute for House Bill No. 4021, as amended by the conference report, was then put upon its passage.

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 H. B. No. 4021) passed with its conference amended title.

Senator Chafin moved that the bill take effect from passage.

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 H. B. No. 4021) takes effect from passage.

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

A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to

Eng. Senate Bill No. 496, Allowing out-of-state transport of legally obtained game.

On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.

The following House of Delegates amendment to the bill was reported by the Clerk:

On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-12. Transportation of wildlife out of state; penalties.
(a) ~~No person shall at any time~~ A person may not transport or have in his or her possession with the intention of transporting beyond the limits of the state any species of wildlife or any part thereof killed, taken, captured or caught within this state, except as provided for in this section.

(b) ~~Provided,~~ ~~That a nonresident~~ A person legally entitled to hunt and fish in this state may take with him or her personally, when leaving the state, any wildlife that he or she has lawfully taken or killed, not exceeding, during the open season, the number that any person may lawfully ~~take or kill in any two days~~ possess.

(c) This section ~~shall~~ does not apply to persons legally entitled to propagate and sell wild animals, wild birds, fish, amphibians and other forms of aquatic life.

(d) ~~Provided, however,~~ ~~That licensed~~ Licensed resident hunters and trappers and resident and nonresident fur dealers may transport beyond the limits of the state pelts of game and fur-bearing animals taken during the legal season.

(e) ~~Provided further,~~ ~~That the~~ The hide, head, antlers and feet of a legally killed deer and the hide, head, skull, organs and feet of a legally killed black bear may also be transported beyond the limits of the state.

(f) The director shall have authority to promulgate rules ~~and regulations~~ in accordance with chapter twenty-nine-a of this code dealing with the transportation and tagging of wildlife and the skins. ~~thereof.~~

(g) ~~Notwithstanding any provision of this section, any~~ A person violating the provisions of this section by transporting or possessing with the intention of transporting beyond the limits of this state deer or wild boar shall be deemed to have committed a separate offense for each animal so transported or possessed.

(h) ~~Any~~ A person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than twenty dollars nor more than three hundred dollars and be imprisoned in ~~the county~~ jail not less than ten nor more than sixty days.

On motion of Senator Chafin, the Senate concurred in the House of Delegates amendment to the bill.

Engrossed Senate Bill No. 496, as amended by the House of Delegates, was then put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 496) passed with its title.

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

The Senate again proceeded to the fourth order of business.

Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration

Eng. House Bill No. 4611, Providing immunity from civil liability for death or injury to any person or damage to any property caused by a duly qualified mine rescue team.

And has amended same.

And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.

Respectfully submitted,

Jeffrey V. Kessler,

Chair.

At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on the Judiciary.

At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. H. B. No. 4611) 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 (Eng. H. B. No. 4611) 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 two, by striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 5. DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT.

§15-5-11. Immunity and exemption; "duly qualified emergency service worker" defined.

(a) All functions hereunder and all other activities relating to emergency services are hereby declared to be governmental functions. Neither the state nor any political subdivision nor any agency of the state or political subdivision nor, except in cases of willful misconduct, any duly qualified emergency service worker complying with or reasonably attempting to comply with this article or any order, rule, regulation or ordinance promulgated pursuant to this article, shall be liable for the death of or injury to any person or for damage to any property as a result of such activity. This section ~~shall~~ does not affect the right of any person to receive benefits or compensation to which he or she would otherwise be entitled under this article, chapter twenty-three of this code, any Act of Congress or any other law.

(b) Any requirement for a license to practice any professional, mechanical or other skill ~~shall~~ does not apply to an authorized emergency service worker who shall, in the course of performing his or her duties, practice such skill during an emergency.

(1) Any duly qualified full or part-time paid, volunteer or auxiliary employee of this state, or any other state, territory, possession or the District of Columbia, of the federal government, of any neighboring country or political subdivision thereof or of any agency or organization performing emergency services in this state subject to the order or control of or pursuant to the request of the state or any political subdivision thereof.

(2) Duly qualified instructors and properly supervised students in recognized educational programs where emergency services are taught. A recognized educational program shall include any program in an educational institution existing under the laws of this state and such other educational programs as shall be established by the ~~office of emergency services~~ Division of Homeland Security and Emergency Management or otherwise under this article.

(3) A member of any duly qualified mine rescue team designated by a mine operator pursuant to the provisions of section thirty- five, article one, chapter twenty-two-a of this code who is performing or engaging in emergency rescue services.

(d) A duly qualified emergency service worker performing his or her duty in this state pursuant to any lawful agreement, compact or arrangement for mutual aid and assistance to which the state or a political subdivision is a party shall possess the same powers, duties, immunities and privileges he or she would possess if performing the same duties in his or her own state, province or political subdivision thereof.

The bill, as amended, was ordered to third reading.

Having been engrossed, the bill (Eng. H. B. No. 4611) was then read a third time and put upon its passage.

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. H. B. No. 4611) 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. House Bill No. 4611--A Bill to amend and reenact §15-5-11 of the Code of West Virginia, 1931, as amended, relating to immunity from civil liability in certain circumstances; providing immunity from civil liability for death or injury to any person or damage to any property caused by a member of a duly qualified mine rescue team designated by a mine operator performing or engaging in emergency rescue services; and providing that certain emergency programs may be established by the Division of Homeland Security and Emergency Management and not limited to the Office of Emergency Services.

Senator Chafin moved that the bill take effect from passage.

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. H. B. No. 4611) 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

Eng. Com. Sub. for House Bill No. 4379, Relating to insurance coverage for mammograms, pap smears and human papillmovavirus.

With amendments 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 March 7, 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 Chafin, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4379) contained in the preceding report from the Committee on Finance was taken up for immediate consideration and read a second time.

At the request of Senator Minard, as chair of the Committee on Banking and Insurance, and by unanimous consent, the unreported Banking and Insurance committee amendment to the bill was withdrawn.

On motions of Senators Minard and Foster, the following amendment to the bill was reported by the Clerk and adopted:

On page two, by striking out everything after the enacting section and inserting in lieu thereof the following:
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR,
SECRETARY OF STATE AND ATTORNEY GENERAL;
BOARD
OF PUBLIC WORKS; MISCELLANEOUS AGENCIES,
COMMISSIONS, OFFICES, PROGRAMS, ETC.
ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.

§5-16-7. Authorization to establish group hospital and surgical insurance plan, group major medical insurance plan, group prescription drug plan and group life and accidental death insurance plan; rules for administration of plans; mandated benefits; what plans may provide; optional plans; separate rating for claims experience purposes.

(a) The agency shall establish a group hospital and surgical insurance plan or plans, a group prescription drug insurance plan or plans, a group major medical insurance plan or plans and a group life and accidental death insurance plan or plans for those employees herein made eligible, and to establish and promulgate rules for the administration of these plans, subject to the limitations contained in this article. Those plans shall include:

(1) Coverages and benefits for X ray and laboratory services in connection with mammograms ~~and~~ when medically appropriate and consistent with current guidelines from the United States Preventive Services Task Force; pap smears, either conventional or liquid-based cytology, whichever is medically appropriate and consistent with the current guidelines from either the United States Preventive Services Task Force or the American College of Obstetricians and Gynecologists; and a test for the human papilloma virus (HPV) when medically appropriate and consistent with current guidelines from either the United States Preventive Services Task Force or the American College of Obstetricians and Gynecologists, when performed for cancer screening or diagnostic services on a woman age eighteen or over;

(2) Annual checkups for prostate cancer in men age fifty and over;

(3) For plans that include maternity benefits, coverage for inpatient care in a duly licensed health care facility for a mother and her newly born infant for the length of time which the attending physician considers medically necessary for the mother or her newly born child: Provided, That no plan may deny payment for a mother or her newborn child prior to forty-eight hours following a vaginal delivery, or prior to ninety-six hours following a caesarean section delivery, if the attending physician considers discharge medically inappropriate;

(4) For plans which provide coverages for post-delivery care to a mother and her newly born child in the home, coverage for inpatient care following childbirth as provided in subdivision (3) of this subsection if inpatient care is determined to be medically necessary by the attending physician. Those plans may also include, among other things, medicines, medical equipment, prosthetic appliances and any other inpatient and outpatient services and expenses considered appropriate and desirable by the agency; and

(5) Coverage for treatment of serious mental illness.

(A) The coverage does not include custodial care, residential care or schooling. For purposes of this section, "serious mental illness" means an illness included in the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders, as periodically revised, under the diagnostic categories or subclassifications of: (i) Schizophrenia and other psychotic disorders; (ii) bipolar disorders; (iii) depressive disorders; (iv) substance-related disorders with the exception of caffeine-related disorders and nicotine-related disorders; (v) anxiety disorders; and (vi) anorexia and bulimia. With regard to any covered individual who has not yet attained the age of nineteen years, "serious mental illness" also includes attention deficit hyperactivity disorder, separation anxiety disorder and conduct disorder.

(B) Notwithstanding any other provision in this section to the contrary, in the event that the agency can demonstrate actuarially that its total anticipated costs for the treatment of mental illness for any plan will exceed or have exceeded two percent of the total costs for such plan in any experience period, then the agency may apply whatever cost containment measures may be necessary, including, but not limited to, limitations on inpatient and outpatient benefits, to maintain costs below two percent of the total costs for the plan.

(C) The agency shall not discriminate between medical-surgical benefits and mental health benefits in the administration of its plan. With regard to both medical-surgical and mental health benefits, it may make determinations of medical necessity and appropriateness, and it may use recognized health care quality and cost management tools, including, but not limited to, limitations on inpatient and outpatient benefits, utilization review, implementation of cost containment measures, preauthorization for certain treatments, setting coverage levels, setting maximum number of visits within certain time periods, using capitated benefit arrangements, using fee-for-service arrangements, using third-party administrators, using provider networks and using patient cost sharing in the form of copayments, deductibles and coinsurance.

(b) The agency shall make available to each eligible employee, at full cost to the employee, the opportunity to purchase optional group life and accidental death insurance as established under the rules of the agency. In addition, each employee is entitled to have his or her spouse and dependents, as defined by the rules of the agency, included in the optional coverage, at full cost to the employee, for each eligible dependent; and with full authorization to the agency to make the optional coverage available and provide an opportunity of purchase to each employee.

(c) The finance board may cause to be separately rated for claims experience purposes: (1) All employees of the State of West Virginia; (2) all teaching and professional employees of state public institutions of higher education and county boards of education; (3) all nonteaching employees of the University of West Virginia Board of Trustees or the board of directors of the state college system and county boards of education; or (4) any other categorization which would ensure the stability of the overall program.

§5-16-9. Authorization to execute contracts for group hospital and surgical insurance, group major medical insurance, group prescription drug insurance, group life and accidental death insurance and other accidental death insurance; mandated benefits; limitations; awarding of contracts; reinsurance; certificates for covered employees; discontinuance of contracts.

(a) The director is hereby given exclusive authorization to execute such contract or contracts as are necessary to carry out the provisions of this article and to provide the plan or plans of group hospital and surgical insurance coverage, group major medical insurance coverage, group prescription drug insurance coverage and group life and accidental death insurance coverage selected in accordance with the provisions of this article, such contract or contracts to be executed with one or more agencies, corporations, insurance companies or service organizations licensed to sell group hospital and surgical insurance, group major medical insurance, group prescription drug insurance and group life and accidental death insurance in this state.

(b) The group hospital or surgical insurance coverage and group major medical insurance coverage herein provided for shall include coverages and benefits for X ray and laboratory services in connection with mammogram and pap smears when performed for cancer screening or diagnostic services and annual checkups for prostate cancer in men age fifty and over. Such benefits shall include, but not be limited to, the following:

(1) ~~Baseline or other recommended mammograms for women age thirty-five to thirty-nine, inclusive;~~ Mammograms when medically appropriate and consistent with the current guidelines from the United States Preventive Services Task Force;

(2) ~~Mammograms recommended or required for women age forty to forty-nine, inclusive, every two years or as needed;~~
~~(3) A mammogram every year for women age fifty and over;~~
~~(4)~~ A pap smear, either conventional or liquid-based cytology, whichever is medically appropriate and consistent with the current guidelines from the United States Preventive Services Task Force or the American College of Obstetricians and Gynecologists, for women age eighteen and over; ~~and~~
(3) A test for the human papilloma virus (HPV) for women age eighteen or over, when medically appropriate and consistent with the current guidelines from either the United States Preventive Services Task Force or the American College of Obstetricians and Gynecologists for women age eighteen and over; and

~~(5)~~ (4) A checkup for prostate cancer annually for men age fifty or over.

(c) The group life and accidental death insurance herein provided for shall be in the amount of ten thousand dollars for every employee. The amount of the group life and accidental death insurance to which an employee would otherwise be entitled shall be reduced to five thousand dollars upon such employee attaining age sixty-five.

(d) All of the insurance coverage to be provided for under this article may be included in one or more similar contracts issued by the same or different carriers.

(e) The provisions of article three, chapter five-a of this code, relating to the Division of Purchases of the Department of Finance and Administration, shall not apply to any contracts for any insurance coverage or professional services authorized to be executed under the provisions of this article. Before entering into any contract for any insurance coverage, as authorized in this article, the director shall invite competent bids from all qualified and licensed insurance companies or carriers, who may wish to offer plans for the insurance coverage desired: Provided, That the director shall negotiate and contract directly with health care providers and other entities, organizations and vendors in order to secure competitive premiums, prices and other financial advantages. The director shall deal directly with insurers or health care providers and other entities, organizations and vendors in presenting specifications and receiving quotations for bid purposes. No commission or finder's fee, or any combination thereof, shall be paid to any individual or agent; but this shall not preclude an underwriting insurance company or companies, at their own expense, from appointing a licensed resident agent, within this state, to service the companies' contracts awarded under the provisions of this article. Commissions reasonably related to actual service rendered for the agent or agents may be paid by the underwriting company or companies: Provided, however, That in no event shall payment be made to any agent or agents when no actual services are rendered or performed. The director shall award the contract or contracts on a competitive basis. In awarding the contract or contracts the director shall take into account the experience of the offering agency, corporation, insurance company or service organization in the group hospital and surgical insurance field, group major medical insurance field, group prescription drug field and group life and accidental death insurance field, and its facilities for the handling of claims. In evaluating these factors, the director may employ the services of impartial, professional insurance analysts or actuaries or both. Any contract executed by the director with a selected carrier shall be a contract to govern all eligible employees subject to the provisions of this article. Nothing contained in this article shall prohibit any insurance carrier from soliciting employees covered hereunder to purchase additional hospital and surgical, major medical or life and accidental death insurance coverage.

(f) The director may authorize the carrier with whom a primary contract is executed to reinsure portions of the contract with other carriers which elect to be a reinsurer and who are legally qualified to enter into a reinsurance agreement under the laws of this state.

(g) Each employee who is covered under any contract or contracts shall receive a statement of benefits to which the employee, his or her spouse and his or her dependents are entitled under the contract, setting forth the information as to whom the benefits are payable, to whom claims shall be submitted, and a summary of the provisions of the contract or contracts as they affect the employee, his or her spouse and his or her dependents.

(h) The director may at the end of any contract period discontinue any contract or contracts it has executed with any carrier and replace the same with a contract or contracts with any other carrier or carriers meeting the requirements of this article.

(i) The director shall provide by contract or contracts entered into under the provisions of this article the cost for coverage of children's immunization services from birth through age sixteen years to provide immunization against the following illnesses: Diphtheria, polio, mumps, measles, rubella, tetanus, hepatitis-b, haemophilus influenzae-b and whooping cough. Additional immunizations may be required by the Commissioner of the Bureau for Public Health for public health purposes. Any contract entered into to cover these services shall require that all costs associated with immunization, including the cost of the vaccine, if incurred by the health care provider, and all costs of vaccine administration, be exempt from any deductible, per visit charge and/or copayment provisions which may be in force in these policies or contracts. This section does not require that other health care services provided at the time of immunization be exempt from any deductible and/or copayment provisions.
CHAPTER 33. INSURANCE.
ARTICLE 15. ACCIDENT AND SICKNESS INSURANCE.

§33-15-4c. Third-party reimbursement for mammography, pap smear or human papilloma virus testing.

(a) Notwithstanding any provision of any policy, provision, contract, plan or agreement to which this article applies, whenever reimbursement or indemnity for laboratory or X ray services are covered, reimbursement or indemnification shall not be denied for ~~mammograms or pap smears~~ any of the following when performed for cancer screening or diagnostic purposes, at the direction of a person licensed to practice medicine and surgery by the Board of Medicine:

(1) ~~A baseline mammogram for women age thirty-five to thirty-nine, inclusive;~~ Mammograms when medically appropriate and consistent with the current guidelines from the United States Preventive Services Task Force;

(2) ~~A mammogram for women age forty to forty-nine, inclusive, every two years or more frequently based on the woman's physician's recommendation;~~
~~(3) A mammogram every year for women age fifty and over;~~
~~(4)~~ A pap smear, either conventional or liquid-based cytology, whichever is medically appropriate and consistent with the current guidelines from either the United States Preventive Services Task Force or the American College of Obstetricians and Gynecologists for women age eighteen or over; or

(3) A test for the human papilloma virus (HPV) for women age eighteen or over when medically appropriate and consistent with the current guidelines from either the United States Preventive Services Task Force or the American College of Obstetricians and Gynecologists for women age eighteen and over.

(b) A policy, provision, contract, plan or agreement may apply to mammograms, or pap smears or human papilloma virus (HPV) test the same deductibles, coinsurance and other limitations as apply to other covered services.
ARTICLE 16. GROUP ACCIDENT AND SICKNESS INSURANCE.

§33-16-3g. Third-party reimbursement for mammography, pap smear or human papilloma virus testing.

Notwithstanding any provision of any policy, provision, contract, plan or agreement to which this article applies, whenever reimbursement or indemnity for laboratory or X ray services are covered, reimbursement or indemnification shall not be denied for ~~mammograms or pap smears~~ any of the following when performed for cancer screening or diagnostic purposes, at the direction of a person licensed to practice medicine and surgery by the Board of Medicine:

(2) ~~A mammogram for women age forty to forty-nine, inclusive,~~ ~~every two years or more frequently based on the woman's physician's recommendation;~~
~~(3) A mammogram every year for women age fifty and over;~~
~~(4)~~ A pap smear, either conventional or liquid-based cytology, whichever is medically appropriate and consistent with the current guidelines from the United States Preventive Services Task Force or the American College of Obstetricians and Gynecologists, for women age eighteen or over; and

(3) A test for the human papilloma virus (HPV) for women age eighteen or over, when medically appropriate and consistent with the current guidelines from either the United States Preventive Services Task Force or the American College of Obstetricians and Gynecologists for women age eighteen and over.

A policy, provision, contract, plan or agreement may apply to mammograms, or pap smears or human papilloma virus (HPV) test the same deductibles, coinsurance and other limitations as apply to other covered services.
ARTICLE 24. HOSPITAL SERVICE CORPORATIONS, MEDICAL SERVICE CORPORATIONS, DENTAL SERVICE CORPORATIONS AND HEALTH SERVICE CORPORATIONS.

§33-24-7b. Third-party reimbursement for mammography, pap smear or human papilloma virus testing.

(3) A test for the human papilloma virus (HPV) when medically appropriate and consistent with the current guidelines from either the United States Preventive Services Task Force or the American College of Obstetricians and Gynecologists for women age eighteen or over.

(2) ~~A mammogram for women age forty to forty-nine, inclusive, every two years or more frequently based on the woman's physician's recommendation;~~
~~(3) A mammogram every year for women age fifty and over;~~
~~(4)~~ A pap smear, ~~annually or more frequently based on the woman's physician's recommendation,~~ either conventional or liquid- based cytology, whichever is medically appropriate and consistent with the current guidelines from either the United States Preventive Services Task Force or the American College of Obstetricians and Gynecologists, for women age eighteen or over; and

or human papilloma virus testing.

(2) ~~A mammogram for women age forty to forty-nine, inclusive, every two years or more frequently based on the woman's physician's recommendation;~~
~~(3) A mammogram every year for women age fifty and over;~~
~~(4)~~ A pap smear, ~~annually or more frequently based on the woman's physician's recommendation,~~ either conventional or liquid- based cytology, whichever is medically appropriate and consistent with the current guidelines from the United States Preventive Services Task Force or the American College of Obstetricians and Gynecologists, for women age eighteen or over; or

The bill, as amended, was then ordered to 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.

The nays were: None.

Absent: None.

Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 4379) was then read a third time and put upon its passage.

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 H. B. No. 4379) passed.

On motion of Senator Minard, 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 House Bill No. 4379--A Bill to amend and reenact §5-16-7 and §5-16-9 of the Code of West Virginia, 1931, as amended; to amend and reenact §33-15-4c of said code; to amend and reenact §33-16-3g of said code; to amend and reenact §33-24-7b of said code; to amend and reenact §33-25-8a of said code; and to amend and reenact §33-25A-8a of said code, all relating to insurance coverage for mammograms, pap smears and human papilloma virus testing; modifying required benefits for public employees insurance, accident and sickness insurance, group accident and sickness insurance, hospital service corporations, medical service corporations, dental service corporations, health service corporations, health care corporations and health maintenance organizations; and requiring insurance policies and medical benefit plans to include certain coverages when medically appropriate and consistent with relevant national guidelines.

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

Eng. House Bill No. 4654, Relating to the West Virginia Retiree Health Benefit Trust Fund.

With amendments from the Committee on Pensions pending;

And has also amended same.

Now on second reading, having been read a first time and referred to the Committee on Finance on March 6, 2006;

And reports the same back with the recommendation that it do pass as amended by the Committee on Pensions to which the bill was first referred; and as last amended by the Committee on Finance.

Respectfully submitted,

Walt Helmick,

Chair.

At the request of Senator Helmick, unanimous consent being granted, the bill (Eng. H. B. No. 4654) contained in the preceding report from the Committee on Finance was taken up for immediate consideration and read a second time.

The following amendment to the bill, from the Committee on Pensions, was reported by the Clerk:

On page two, by striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.

§5-16-5. Purpose, powers and duties of the finance board; initial financial plan; financial plan for following year; and annual financial plans.

(a) The purpose of the finance board created by this article is to bring fiscal stability to the Public Employees Insurance Agency through development of annual financial plans and long-range plans designed to meet the agency's estimated total financial requirements, taking into account all revenues projected to be made available to the agency and apportioning necessary costs equitably among participating employers, employees and retired employees and providers of health care services.

(b) The finance board shall retain the services of an impartial, professional actuary, with demonstrated experience in analysis of large group health insurance plans, to estimate the total financial requirements of the Public Employees Insurance Agency for each fiscal year and to review and render written professional opinions as to financial plans proposed by the finance board. The actuary shall also assist in the development of alternative financing options and perform any other services requested by the finance board or the director. All reasonable fees and expenses for actuarial services shall be paid by the Public Employees Insurance Agency. Any financial plan or modifications to a financial plan approved or proposed by the finance board pursuant to this section shall be submitted to and reviewed by the actuary and may not be finally approved and submitted to the Governor and to the Legislature without the actuary's written professional opinion that the plan may be reasonably expected to generate sufficient revenues to meet all estimated program and administrative costs of the agency, including incurred but unreported claims, for the fiscal year for which the plan is proposed. The actuary's opinion on the financial plan for each fiscal year shall allow for no more than thirty days of accounts payable to be carried over into the next fiscal year. The actuary's opinion for any fiscal year shall not include a requirement for establishment of a reserve fund.

(1) Maximum levels of reimbursement which the Public Employees Insurance Agency makes to categories of health care providers;

(2) Any necessary cost containment measures for implementation by the director;

(3) The levels of premium costs to participating employers; and

(4) The types and levels of cost to participating employees and retired employees.

The financial plans may provide for different levels of costs based on the insureds' ability to pay. The finance board may establish different levels of costs to retired employees based upon length of employment with a participating employer, ability to pay or other relevant factors. The financial plans may also include optional alternative benefit plans with alternative types and levels of cost. The finance board may develop policies which encourage the use of West Virginia health care providers.

In addition, the finance board may allocate a portion of the premium costs charged to participating employers to subsidize the cost of coverage for participating retired employees, on such terms as the finance board determines are equitable and financially responsible.

(d) (1) The finance board shall prepare an annual financial plan for each fiscal year during which the finance board remains in existence. The finance board chairman shall request the actuary to estimate the total financial requirements of the Public Employees Insurance Agency for the fiscal year.

(2) The finance board shall prepare a proposed financial plan designed to generate revenues sufficient to meet all estimated program and administrative costs of the Public Employees Insurance Agency for the fiscal year. The proposed financial plan shall allow for no more than thirty days of accounts payable to be carried over into the next fiscal year. Before final adoption of the proposed financial plan, the finance board shall request the actuary to review the plan and to render a written professional opinion stating whether the plan will generate sufficient revenues to meet all estimated program and administrative costs of the Public Employees Insurance Agency for the fiscal year. The actuary's report shall explain the basis of its opinion. If the actuary concludes that the proposed financial plan will not generate sufficient revenues to meet all anticipated costs, then the finance board shall make necessary modifications to the proposed plan to ensure that all actuarially determined financial requirements of the agency will be met.

(3) Upon obtaining the actuary's opinion, the finance board shall conduct one or more public hearings in each congressional district to receive public comment on the proposed financial plan, shall review ~~such~~ the comments and shall finalize and approve the financial plan.

(4) Any financial plan shall be designed to allow thirty days or less of accounts payable to be carried over into the next fiscal year. For each fiscal year, the Governor shall provide his or her estimate of total revenues to the finance board no later than the fifteenth day of October of the preceding fiscal year: Provided, That, for the prospective financial plans required by this section, the Governor shall estimate the revenues available for each fiscal year of the plans based on the estimated percentage of growth in general fund revenues. The finance board shall submit its final, approved financial plan, after obtaining the necessary actuary's opinion and conducting one or more public hearings in each congressional district, to the Governor and to the Legislature no later than the first day of January preceding the fiscal year. The financial plan for a fiscal year becomes effective and shall be implemented by the director on the first day of July of the fiscal year. In addition to each final, approved financial plan required under this section, the finance board shall also simultaneously submit financial statements based on generally accepted accounting practices (GAAP) and the final, approved plan restated on an accrual basis of accounting, which shall include allowances for incurred but not reported claims: Provided, however, That the financial statements and the accrual-based financial plan restatement shall not affect the approved financial plan.

(e) The provisions of chapter twenty-nine-a of this code shall not apply to the preparation, approval and implementation of the financial plans required by this section.

(f) By the first day of January of each year, the finance board shall submit to the Governor and the Legislature a prospective financial plan, for a period not to exceed five years, for the programs provided in this article. Factors that the board shall consider include, but are not limited to, the trends for the program and the industry; the medical rate of inflation; utilization patterns; cost of services; and specific information such as average age of employee population, active to retiree ratios, the service delivery system and health status of the population.

(g) The prospective financial plans shall be based on the estimated revenues submitted in accordance with subdivision (4), subsection (d) of this section and shall include an average of the projected cost-sharing percentages of premiums and an average of the projected deductibles and copays for the various programs. Beginning in the plan year which commences on the first day of July, two thousand two, and in each plan year thereafter, until and including the plan year which commences on the first day of July, two thousand six, the prospective plans shall include incremental adjustments toward the ultimate level required in this subsection, in the aggregate cost-sharing percentages of premium between employers and employees: Provided, That for the period beginning the first day of July, two thousand five, through the thirty-first day of December, two thousand five, the portion of the policy surcharge collected from certain fire and casualty insurers and transferred into the fund in the State Treasury of the Public Employees Insurance Agency pursuant to the provisions of section thirty-three, article three, chapter thirty-three of this code shall be used, in lieu of an increase in costs to active state pool employees, to subsidize any incremental adjustment in those employees' portion of the aggregate cost-sharing percentages of premium between employers and employees. The foregoing does not prohibit any premium increase occasioned by an employee's increase in salary: Provided, however, That for the period beginning the first day of July, two thousand five, through the thirty-first day of December, two thousand five, in lieu of an increase in costs to retired state pool employees, such funds as are necessary to subsidize any increase in costs to retired state pool employees shall be transferred from the reserve fund established in section twenty-five of this article into the fund in the State Treasury of the Public Employees Insurance Agency. Effective in the plan year commencing on the first day of July, two thousand six, and in each plan year thereafter, the aggregate premium cost-sharing percentages between employers and employees shall be at a level of eighty percent for the employer and twenty percent for employees, except for the employers provided in subsection (d), section eighteen of this article whose premium cost-sharing percentages shall be governed by that subsection. After the submission of the initial prospective plan, the board may not increase costs to the participating employers or change the average of the premiums, deductibles and copays for employees, except in the event of a true emergency as provided in this section: Provided further, That if the board invokes the emergency provisions, the cost shall be borne between the employers and employees in proportion to the cost-sharing ratio for that plan year: And provided further, That, for purposes of this section, "emergency" means that the most recent projections demonstrate that plan expenses will exceed plan revenues by more than one percent in any plan year.: And provided further, That the aggregate premium cost-sharing percentages between employers and employees scheduled to be at a level of twenty percent for employees by the first day of July, two thousand six, may be offset, in part, by a legislative appropriation for that purpose, prior to the first day of July, two thousand six.

(h) The finance board shall meet on at least a quarterly basis to review implementation of its current financial plan in light of the actual experience of the Public Employees Insurance Agency. The board shall review actual costs incurred, any revised cost estimates provided by the actuary, expenditures and any other factors affecting the fiscal stability of the plan and may make any additional modifications to the plan necessary to ensure that the total financial requirements of the agency for the current fiscal year are met. The finance board may not increase the types and levels of cost to employees during its quarterly review except in the event of a true emergency.

(i) For any fiscal year in which legislative appropriations differ from the Governor's estimate of general and special revenues available to the agency, the finance board shall, within thirty days after passage of the budget bill, make any modifications to the plan necessary to ensure that the total financial requirements of the agency for the current fiscal year are met.
ARTICLE 16D. WEST VIRGINIA RETIREE HEALTH BENEFIT FUND.
§5-16D-1. Definitions.

As used in this article, the term:

(a) "Actuarial accrued liability" means that portion, as determined by a particular actuarial cost method, of the actuarial present value of fund obligations and administrative expenses which is not provided by future normal costs.

(b) "Actuarial cost method" means a method for determining the actuarial present value of the obligations and administrative expenses of the fund and for developing an actuarially equivalent allocation of the value to time periods, usually in the form of a normal cost and an actuarial accrued liability. Acceptable actuarial methods are the aggregate, attained age, entry age, frozen attained age, frozen entry age and projected unit credit methods.

(c) "Actuarially sound" means that calculated contributions to the fund are sufficient to pay the full actuarial cost of the fund. The full actuarial cost includes both the normal cost of providing for fund obligations as they accrue in the future and the cost of amortizing the unfunded actuarial accrued liability over a period of no more than thirty years.

(d) "Actuarial present value of total projected benefits" means the present value, at the valuation date, of the cost to finance benefits payable in the future, discounted to reflect the expected effects of the time value of money and the probability of payment.

(e) "Actuarial assumptions" means assumptions regarding the occurrence of future events affecting the fund such as mortality, withdrawal, disability and retirement; changes in compensation and offered post-employment benefits; rates of investment earnings and other asset appreciation or depreciation; procedures used to determine the actuarial value of assets; and other relevant items.

(f) "Actuarial valuation" means the determination, as of a valuation date, of the normal cost, actuarial accrued liability, actuarial value of assets and related actuarial present values for the fund.

(g) "Administrative expenses" means all expenses incurred in the operation of the fund, including all investment expenses.

(h) "Annual required contribution" means the amount employers must contribute in a given year to fully fund the trust, as determined by the actuarial valuation in accordance with requirements of generally accepted accounting principles. This amount shall represent a level of funding that if paid on an ongoing basis is projected to cover the normal cost each year and amortize any unfunded actuarial liabilities of the plan over a period not to exceed thirty years.

(i) "Board" means the Public Employees Insurance Agency Finance Board created in section four, article sixteen of this chapter.

(j) "Cost-sharing multiple employer plan" means a single plan with pooling (cost-sharing) arrangements for the participating employers. All risk, rewards and costs, including benefit costs, are shared and not attributed individually to the employers. A single actuarial valuation covers all plan members and the same contribution rate(s) applies for each employer.

(k) "Covered health care expenses" means all actual health care expenses paid by the health plan on behalf of fund beneficiaries. Actual health care expenses include claims payments to providers and premiums paid to intermediary entities and health care providers by the health plan.

(l) "Employer" means any employer as defined by section two, article sixteen of this chapter which has or will have retired employees in any Public Employees Insurance Agency health plan.

(m) "Employer annual required contribution" means the portion of the annual required contribution which is the responsibility of that particular employer.

(n) "Fund" means the West Virginia Retiree Health Benefit Trust Fund established under this article.

(o) "Fund beneficiaries" means all persons receiving post- employment health care benefits through the health plan.

(p) "Health plan" means the health insurance plan or plans established under article sixteen of this chapter.

(q) "Minimum annual employer premium payment" means the annual amount paid by employers toward retiree premiums, which, when combined with the retirees' contributions on their premiums that year, provide sufficient funds to cover all projected retiree covered health care expenses and related administrative costs for that year. The finance board shall develop the minimum annual employer premium payment as part of its financial plan each year as addressed in section five, article sixteen of this chapter.

(r) "Normal cost" means that portion of the actuarial present value of the fund obligations and expenses which is allocated to a valuation year by the actuarial cost method used for the fund.

(s) "Obligations" means the administrative expenses of the fund and the cost of covered health care expenses incurred on behalf of fund beneficiaries.

(t) "Other post-employment benefits" or "retiree post- employment health care benefits" means those benefits as addressed by Governmental Accounting Standards Board Statement No. 43, or any subsequent governmental standards board statement that may be applicable to the fund.

(u) "Plan for other post-employment benefits" means the fiscal funding plan for retiree post-employment health care benefits as it relates to Governmental Accounting Standards Board Statement No. 43, or any subsequent governmental accounting standards board statements that may be applicable to the fund.

(v) "Retiree" means retired employee as defined by section two, article sixteen of this chapter.

(w) "Retirement system" or "system" means the West Virginia Consolidated Public Retirement Board created and established by article ten of this chapter and includes any retirement systems or funds administered or overseen by the Consolidated Public Retirement Board.

(x) "Unfunded actuarial accrued liability" means for any actuarial valuation the excess of the actuarial accrued liability over the actuarial value of the assets of the fund under an actuarial cost method used by the fund for funding purposes.

§5-16D-2. Creation of West Virginia Retiree Health Benefit Trust Fund.

The Legislature declares that certain dedicated revenues should be preserved in trust for the purpose of funding other post-employment benefits.

There is hereby created the West Virginia Retiree Health Benefit Trust Fund for the purpose of providing for and administering retiree post-employment health care benefits and the respective revenues and costs of those benefits as a cost-sharing multiple employer plan.

The fund shall be available without fiscal year limitations for covered health care expenses and administration costs. All contributions, appropriations, earnings and reserves for the payment of obligations under this article shall be credited to the fund and are irrevocable.

The amounts remaining in the fund, if any, after covered health care expenses and administration costs have been paid shall be retained in the fund as a special reserve for adverse fluctuation. All assets of the fund shall be used solely for the payment of fund obligations and for no other purpose.
§5-16D-3. Operation of trust fund.

(a) Responsibility for the rules and policies for the proper operation of the fund is vested in the board.

(b) The board shall adopt actuarial assumptions as it deems necessary and prudent.

(c) The board shall determine the annual required contribution rates sufficient to maintain the fund in accordance with the state plan for other post-employment benefits.

(d) The board may promulgate, in accordance with chapter twenty-nine-a of this code, any rules it finds necessary to properly administer the fund. The board may promulgate emergency rules pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a of this code.

(e) The Public Employees Insurance Agency shall furnish reports to the board at each of the board's regularly scheduled meetings. The reports shall contain the most recent information reasonably available to the Public Employees Insurance Agency reflecting the obligations of the fund, earnings on investments and such other information as the board deems necessary and appropriate.

(f) The Secretary of the Department of Administration, as chairman of the board, shall cause to be employed within the Public Employees Insurance Agency such personnel as may be needed to carry out the provisions of this article. The pro rata share of the costs to the Public Employees Insurance Agency of operating the fund shall be part of the administrative costs of the fund and shall be reimbursed to the Public Employees Insurance Agency.

(g) The Public Employees Insurance Agency, on the board's behalf, shall be responsible for the day-to-day operation of the fund and may employ or contract for the services of actuaries and other professionals as required to carry out the duties established by this article.

(h) The board shall contract with the West Virginia Investment Management Board for any necessary services with respect to fund investments.

(i) The Public Employees Insurance Agency, on the board's behalf, shall maintain all necessary records regarding the fund in accordance with generally accepted accounting principles.

(j) The Public Employees Insurance Agency, on the board's behalf, shall collect all moneys due to the fund and shall pay current post-employment health care costs and any administrative expenses necessary and appropriate for the operation of the fund from the fund. The fund's assets shall be maintained and accounted for in state funds. The state funds shall be: (1) The Other Post- Employment Benefit Contribution Accumulation Fund; (2) the Other Post-Employment Benefit Investment Fund; and (3) the Other Post- Employment Benefit Expense Fund. These funds will be maintained by the Public Employees Insurance Agency on the board's behalf.

(k) The Public Employees Insurance Agency, on the board's behalf, shall prepare an annual report of fund activities. Such report shall include, but not be limited to, independently audited financial statements in accordance with generally accepted accounting principles. The financial statements must be independently audited in accordance with auditing standards generally accepted in the United States and the standards applicable to financial audits contained in government auditing standards as issued by the Comptroller General of the United States.

(l) Notwithstanding any other provision of law to the contrary, the Public Employees Insurance Agency shall be entitled to request and receive any information that it deems necessary and appropriate from any relevant retirement system in order that the provisions of this article may be carried out.
§5-16D-4. Actuary.

(a) The actuary employed or retained by the Public Employees Insurance Agency shall provide technical advice to the Public Employees Insurance Agency and to the board regarding the operation of the fund.

(b) Using the actuarial assumptions most recently adopted by the board, the actuary shall, on a biannual basis, or as frequently as the board determines necessary, set actuarial valuations of normal cost, actuarial liability, actuarial value of assets and related actuarial present values for the state plan for other post- employment benefits.
§5-16D-5. Operational control of trust fund.
(a) The Public Employees Insurance Agency shall have operational control over the fund. The obligations provided in this article and all related administrative expenses shall be paid from the fund. The Public Employees Insurance Agency may expend moneys from the fund for any purpose authorized by this article.

(b) Notwithstanding any provision of this code or any legislative rule to the contrary, all assets of the fund shall be held in trust. The Public Employees Insurance Agency, on behalf of the board, shall have full power to invest and reinvest the fund's assets via the West Virginia Investment Management Board, subject to all of the terms, conditions, limitations and restrictions imposed by article six, chapter twelve of this code. Subject to the terms, conditions, limitations and restrictions, and consistent with this article, the Public Employees Insurance Agency shall have full power to hold, purchase, sell, assign, transfer and dispose of any securities and investments in which any of the moneys are invested, including the proceeds of any investments and other moneys belonging to the fund.

(c) Except as otherwise provided in this chapter, no member of the board or employee of the Public Employees Insurance Agency shall have any personal interest in the gains or profits from any investment made by the board or use the assets of the fund in any manner, except to make such payments as may be authorized by the board or by the Secretary of the Department of Administration as the chairman of the board in accordance with this article.
§5-16D-6. Mandatory employer contributions.

(a) The board shall annually set the total annual required contribution sufficient to maintain the fund in an actuarially sound manner in accordance with generally accepted accounting principles.

(b) The board shall annually allocate to the respective employers the employer's portion of the annual required contribution, which allocated amount is the "employer annual required contribution".

(c) The board may apportion the annual required contribution into various components. These components may include the amortized unfunded actuarial accrued liability, the total normal cost, the employer annual required contribution and the lesser included minimum annual employer premium payment.

(d) It shall be the mandatory responsibility of employers to make annual contributions to the fund in, at least, the amount of the minimum annual employer premium payment rates established by the board.

(e) It shall be the responsibility of the Public Employees Insurance Agency to bill each employer for the employer annual required contribution and the included minimum annual employer premium payment. It shall be the responsibility of the Public Employees Insurance Agency to annually collect the minimum annual employer premium payment. The Public Employees Insurance Agency shall, in addition to the minimum annual employer premium payment, collect any amounts the employer elects to pay toward the employer annual required contribution. Any employer annual required contribution amount not satisfied by the respective employer shall remain the liability of that employer until fully paid.

The following amendments to the Pensions committee amendment to the bill (Eng. H. B. No. 4654) from the Committee on Finance were reported by the Clerk, considered simultaneously, and adopted:

On page six, section five, subsection (g), after the words "in the aggregate cost-sharing percentages of premium between employers and employees" by inserting a comma and the words "including the amounts of any subsidization of retired employee benefits:";

On page seven, section five, subsection (g), after the words "thereafter, the aggregate premium cost-sharing percentages between employers and employees" by inserting a comma and the words "including the amount of any subsidization of retired employee benefits,";

And,

On page eight, section five, subsection (g), after the words "That the aggregate premium cost-sharing percentages between employers and employees" by inserting a comma and the words "including the amount of any subsidization of retired employee benefits,".

The question now being on the adoption of the Pensions committee amendment to the bill (Eng. H. B. No. 4654), as amended, the same was put and prevailed.

The bill, as amended, was then ordered to 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.

The nays were: None.

Absent: None.

Having been engrossed, the bill (Eng. H. B. No. 4654) was then read a third time and put upon its passage.

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. H. B. No. 4654) passed.

The following amendment to the title of the bill, from the Committee on Pensions, 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. House Bill No. 4654--A Bill to amend and reenact §5-16-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §5-16D-1, §5-16D- 2, §5-16D-3, §5-16D-4, §5-16D-5 and §5-16D-6, all relating to the Public Employees Insurance Agency; establishing the West Virginia Retiree Health Benefit Trust Fund; providing for post-employment health care benefits, operation and funding; and establishing that the eighty-twenty split between employer and employee for the scheduled increase in health care costs for employees may be partially offset by a legislative appropriation.

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

Senator Unger, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:

Your Committee on Transportation and Infrastructure has had under consideration

Senate Concurrent Resolution No. 93, Requesting Division of Highways name section of Route 9 from Berkeley County to Morgan County, "Senator Clarence E. Martin, Jr., Memorial Highway".

And has amended same.

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

Respectfully submitted,

John R. Unger II,

Chair.

At the request of Senator Unger, unanimous consent being granted, the resolution was taken up for immediate consideration.

The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:

On page two, after the Resolved clause, by striking out the words "section of Route 9 starting from Edwin Miller Boulevard in Berkeley County to Berkeley Springs, Morgan County" and inserting in lieu thereof the words "bridge at the North Martinsburg interchange spanning Interstate 81";

And,

On page one, by striking out the title and substituting therefor a new title, to read as follows:

Senate Concurrent Resolution No. 93--Requesting the Division of Highways name the bridge at the North Martinsburg interchange spanning Interstate 81 the "Senator Clarence E. Martin, Jr., Memorial Highway".

The question being on the adoption of the resolution (S. C. R. No. 93), as amended, the same was put and prevailed.

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 five minutes.

Upon expiration of the recess, the Senate reconvened and, at the request of Senator Guills, and by unanimous consent, returned to the second order of business and the introduction of guests.

The Senate again proceeded to the third order of business.

A message from The Clerk of the House of Delegates announced that that body had refused to recede from its amendment to, and insisted the Senate concur in the amendment of the House of Delegates, as to

Eng. Senate Bill No. 516, Finding and declaring claims against state.

On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.

On further motion of Senator Chafin, the Senate concurred in the House of Delegates amendment to the bill on page two, section one, line fourteen, by striking out the word "GENERAL" and inserting in lieu thereof the word "SPECIAL".

Engrossed Senate Bill No. 516, as amended by the House of Delegates, was then put upon its passage.

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. 516) passed with its title.

Senator Chafin moved that the bill take effect from passage.

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. 516) takes effect from passage.

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

Eng. Senate Bill No. 578, Allowing Public Service Commission to order takeover of certain utilities.

On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.

The following House of Delegates amendments to the bill were reported by the Clerk:

On page one, by striking out everything after the article heading and inserting in lieu thereof the following:

§24-2-11d. Revocation of certificate of public convenience and necessity; acquisition of facilities by capable public utility.

(a) In addition to the powers conferred by section seven, article two of this chapter, upon a finding by the Public Service Commission that a public utility which holds a certificate of public convenience and necessity to provide natural gas or electric service is unable or unwilling to adequately serve its customers or has been actually or effectively abandoned by its owner or owners, or that its management is grossly and willfully inefficient, irresponsible or unresponsive to the needs of its customers, or is not capable of providing economical and efficient utility service, the commission may, after reasonable notice and opportunity for hearing has been afforded to the affected utility and its customers, revoke the certificate of public convenience and necessity held by the public utility. In the case of such revocation, the commission shall concurrently order a capable public utility to acquire the facilities of the revoked public utility and to provide service to the customers of the revoked public utility. The commission shall also allow a capable public utility that acquires the facilities of a revoked public utility to recover all reasonable costs related to such acquisition of facilities and upgrading of service to customers of the revoked public utility, including, but not limited to, additional capital, environmental, operating and maintenance costs.

(b) In making a determination to revoke a certificate of public convenience and necessity, pursuant to subsection (a) of this section, the commission shall consider: (1) The financial, managerial and technical ability of the public utility considered for revocation; (2) the financial, managerial and technical ability of the capable public utility; (3) the expenditures that may be necessary to make improvements to the facilities of the public utility considered for revocation to assure compliance with all applicable statutory and regulatory standards concerning adequacy, efficiency, safety and reasonableness of service; and (4) any other matters which may be relevant.

(c) The price of the acquisition of the facilities of the revoked public utility shall be determined by an agreement between the revoked public utility and the acquiring capable public utility, subject to a determination by the commission that the price is reasonable. If the revoked public utility and the acquiring capable public utility are unable to agree on an acquisition price or the commission disapproves the acquisition price on which the utilities have agreed, the commission shall issue an order directing the acquiring capable public utility to acquire the revoked public utility by following the procedure prescribed for exercising the power of eminent domain pursuant to article two, chapter fifty-four of this code. The fact that the acquisition price has not been agreed to or finally determined shall not delay the effect of any order issued by the commission pursuant to subsection (a) of this section.

(d) As used in this section, the following words and phrases shall have the following meanings:

(1) "Capable public utility" means a public utility which provides electric or natural gas service and has at least twenty- five thousand customers which provides the same type of utility service as the revoked public utility and has the financial, managerial and technical ability to comply with all applicable statutory and regulatory standards concerning adequacy, efficiency, safety and reasonableness of service on a long-term basis;

(2) "Revoked public utility" means a public utility with less than twenty-five thousand customers which has had its certificate of public convenience and necessity revoked by the commission pursuant to subsection (a) of this section.

(e) Any action of the Public Service Commission to revoke the certificate of public convenience and necessity of an electric or natural gas public utility pursuant to the provisions of this section must be initiated on or before the first day of March, two thousand eight.;

And,

On page one, by striking out the title and substituting therefor a new title, to read as follows:

Eng. Senate Bill No. 578--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-2-11d, relating to increasing the power of the Public Service Commission with respect to the takeover or transfer or takeover of troubled utilities; authorizing the revocation of certificates of public convenience and necessity for the effective abandonment or inability or unwillingness of gas and electric utilities to adequately serve its customers; establishing criteria which would need to be met to support a contemplated revocation of certificate authority; authorizing the Public Service Commission to concurrently require another public utility to acquire and serve the customers, facilities and service territory of a revoked utility; listing additional criteria to be considered prior to revoking authority or approving acquisition of territory; providing for the determination of an acquisition price for the revoked utility's facilities and territory, either by agreement or by eminent domain; requiring reasonable notice and hearing to affected utility and customers before revoking certificate; and establishing deadline by which Public Service Commission may initiate proceeding to revoke authority pursuant to said section.

On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.

Engrossed Senate Bill No. 578, as amended by the House of Delegates, was then put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 578) passed with its House of Delegates amended title.

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

The Senate again proceeded 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

Eng. House Bill No. 4846, Providing one-time supplements to certain annuitants.

And has amended same.

Now on second reading, having been read a first time and referred to the Committee on Finance on March 6, 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 Chafin, unanimous consent being granted, the bill (Eng. H. B. No. 4846) contained in the preceding report from the Committee on Finance was taken up for immediate consideration and read a second time.

The following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:

On page two, by striking out everything after the enacting section and inserting in lieu thereof the following:
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE
GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL;
BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES,
COMMISSIONS, OFFICES, PROGRAMS, ETC.
ARTICLE 10. WEST VIRGINIA PUBLIC EMPLOYEES RETIREMENT ACT.

§5-10-22i. One-time supplement for certain annuitants effective the first day of July, two thousand six.

(a) A one-time supplement to retirement benefits of not less than three percent and not exceeding four and one-half percent, as determined by appropriation of the Legislature, shall be provided to all retirees that are age seventy or older and have been annuitants for at least five consecutive years as of the effective date of this section and beneficiaries of deceased members who would have been at least seventy years of age or older and have been annuitants for at least five consecutive years as of the effective date of this section.

(b) The one-time supplement provided for in this section applies only to members who have retired at least five years prior to the effective date of this section or, if applicable, to beneficiaries of deceased members who have been receiving benefits under the retirement system at least five years prior to the effective date of this section: Provided, That the supplement provided herein is subject to any applicable limitations thereon under Section 415 of the Internal Revenue Code of 1986, as amended.
CHAPTER 5E. VENTURE CAPITAL COMPANY.
ARTICLE 1. WEST VIRGINIA CAPITAL COMPANY ACT.
§5E-1-8. Tax credits.

(a) The total amount of tax credits authorized for a single qualified company may not exceed two million dollars. The total amount of tax credits authorized for a single economic development and technology advancement center may not exceed one million dollars. Capitalization of the company or center may be increased pursuant to rule of the authority.

(b) (1) The total credits authorized by the authority for all companies and centers may not exceed a total of ten million dollars each fiscal year: Provided, That for the fiscal year beginning on the first day of July, one thousand nine hundred ninety-nine, the total credits authorized for all companies may not exceed a total of six million dollars: Provided, however, That for the fiscal year beginning on the first day of July, two thousand, the total credits authorized for all companies may not exceed a total of four million dollars: Provided further, That for the fiscal year beginning on the first day of July, two thousand one, the total credits authorized for all companies may not exceed a total of four million dollars: And provided further, That for the fiscal year beginning on the first day of July, two thousand two, the total credits authorized for all companies may not exceed a total of three million dollars: And provided further, That for the fiscal year beginning on the first day of July, two thousand three, the total credits authorized for all companies may not exceed a total of three million dollars: And provided further, That for the fiscal year beginning on the first day of July, two thousand four, the total credits authorized for all companies may not exceed a total of one million dollars: And provided further, That for the fiscal year beginning on the first day of July, two thousand five, there shall be no credits authorized: And provided further, That for the fiscal year beginning on the first day of July, two thousand six, the total credits authorized for all companies may not exceed a total of five million dollars: And provided further, That the capital base of any qualified company other than an economic development and technology advancement center qualified under the provisions of article twelve-a, chapter eighteen-b of this code shall be invested in accordance with the provisions of this article. The authority shall allocate these credits to qualified companies and centers in the order that the companies are qualified.

(2) Not more than two million dollars of the credits allowed under subdivision (1) of this subsection may be allocated by the authority during each fiscal year to one or more small business investment companies described in this subdivision: Provided, That for the fiscal year beginning on the first day of July, two thousand four, ~~and~~ for the fiscal year beginning on the first day of July, two thousand five, and for the fiscal year beginning on the first day of July, two thousand six, no credits authorized by this section may be allocated by the authority to one or more small business investment companies. After a portion of the credits are allocated to small business investment companies as provided in this section, not more than one million dollars of the credits allowed under subdivision (1) of this subsection may be allocated by the authority during each fiscal year to one or more economic development and technology advancement centers qualified by the authority under article twelve-a, chapter eighteen-b of this code: Provided, however, That for the fiscal year beginning on the first day of July, two thousand four, all of the credits allowed under subdivision (1) of this subsection shall be allocated only to one or more qualified economic development and technology advancement centers: Provided further, That for ~~the~~ fiscal ~~year~~ years beginning on the first day of July, two thousand five, no credits allowed under subdivision (1) of this subsection shall be allocated to any qualified economic development and technology advancement center. The remainder of the tax credits allowed during the fiscal year shall be allocated by the authority under the provisions of section four, article two of this chapter: And provided further, That for ~~the~~ fiscal ~~year~~ years beginning on the first day of July, two thousand four, ~~and for the fiscal year beginning on the first day of July, two thousand five,~~ no credits authorized by this section may be allocated by the authority to a taxpayer pursuant to the provisions of section four, article two of this chapter. The portion of the tax credits allowed for small business investment companies described in this subdivision shall be allowed only if allocated by the authority during the first ninety days of the fiscal year and may only be allocated to companies that: (A) Were organized on or after the first day of January, one thousand nine hundred ninety-nine; (B) are licensed by the Small Business Administration as a small business investment company under the Small Business Investment Act; and (C) have certified in writing to the authority on the application for credits under this act that the company will diligently seek to obtain and thereafter diligently seek to invest leverage available to the small business investment companies under the Small Business Investment Act. These credits shall be allocated by the authority in the order that the companies are qualified. The portion of the tax credits allowed for economic development and technology advancement centers described in article twelve-a, chapter eighteen-b of this code shall be similarly allowed only if allocated by the authority during the first ninety days of the fiscal year: And provided further, That solely for the fiscal year beginning on the first day of July, two thousand four, the authority may allocate the tax credits allowed for economic development and technology advancement centers at any time during the fiscal year. Any credits which have not been allocated to qualified companies meeting the requirements of this subdivision relating to small business investment companies or to qualified economic development and technology advancement centers during the first ninety days of the fiscal year shall be made available and allocated by the authority under the provisions of section four, article two of this chapter: And provided further, That for ~~the~~ fiscal ~~year~~ years beginning on the first day of July, two thousand four, ~~and for the fiscal year beginning on the first day of July, two thousand five,~~ no credits authorized by this section may be allocated by the authority to a taxpayer pursuant to the provisions of section four, article two of this chapter.

(3) Notwithstanding any provision of this code or legislative rule promulgated thereunder to the contrary, for the fiscal year beginning on the first day of July, two thousand four, and for the fiscal year beginning on the first day of July, two thousand five, the authority has the sole discretion to allocate or refuse to allocate tax credits authorized under this section to any qualified economic development and technology advancement center upon its determination of the extent to which the center will fulfill the purposes of this article. The determination shall be based upon the application of the center, the extent to which the company or center fulfilled those purposes in prior years after receiving tax credits authorized under this section, the extent to which the center is expected to stimulate economic development and high technology research in the chemical industry and such other similarly related criteria as the authority may establish by vote of the majority of authority.

(c) Any investor, including an individual, partnership, limited liability company, corporation or other entity who makes a capital investment in a qualified West Virginia capital company, is entitled to a tax credit equal to fifty percent of the investment, except as otherwise provided in this section or in this article: Provided, That the tax credit available to investors who make a capital investment in an economic development and technology advancement center shall be one hundred percent of the investment. The credit allowed by this article shall be taken after all other credits allowed by chapter eleven of this code. It shall be taken against the same taxes and in the same order as set forth in subsections (c) through (i), inclusive, section five, article thirteen-c of said chapter. The credit for investments by a partnership, limited liability company, a corporation electing to be treated as a subchapter S corporation or any other entity which is treated as a pass through entity under federal and state income tax laws may be divided pursuant to election of the entity's partners, members, shareholders or owners.

(d) The tax credit allowed under this section is to be credited against the taxpayer's tax liability for the taxable year in which the investment in a qualified West Virginia capital company or economic development and technology advancement center is made. If the amount of the tax credit exceeds the taxpayer's tax liability for the taxable year, the amount of the credit which exceeds the tax liability for the taxable year may be carried to succeeding taxable years until used in full or until forfeited: Provided, That: (i) Tax credits may not be carried forward beyond fifteen years; and (ii) tax credits may not be carried back to prior taxable years. Any tax credit remaining after the fifteenth taxable year is forfeited.

(e) The tax credit provided in this section is available only to those taxpayers whose investment in a qualified West Virginia capital company or economic development and technology advancement center occurs after the first day of July, one thousand nine hundred eighty-six.

(f) The tax credit allowed under this section may not be used against any liability the taxpayer may have for interest, penalties or additions to tax.

(g) Notwithstanding any provision in this code to the contrary, the Tax Commissioner shall publish in the State Register the name and address of every taxpayer and the amount, by category, of any credit asserted under this article. The categories by dollar amount of credit received are as follows:

(1) More than $1.00, but not more than $50,000;

(2) More than $50,000, but not more than $100,000;

(3) More than $100,000, but not more than $250,000;

(4) More than $250,000, but not more than $500,000;

(5) More than $500,000, but not more than $1,000,000; and

(6) More than $1,000,000.
CHAPTER 11. TAXATION.
ARTICLE 24. CORPORATION NET INCOME TAX.
§11-24-43. Dedication of corporation net income tax proceeds.

(a) There is hereby dedicated for the fiscal years beginning on the first day of July, two thousand six, two thousand seven and two thousand eight, an annual amount of ten million dollars from annual collections of the tax imposed by this article for payment of the unfunded liability created by the one-time supplement of certain annuitants as provided in section twenty-two-i, article ten, chapter five of this code and section twenty-six-t, article seven-a, chapter eighteen of this code.

(b) Notwithstanding any other provision of this code to the contrary, on the first day of October, two thousand six, two thousand seven and two thousand eight, ten million dollars from collections of the tax imposed by this article shall be deposited with the reserves of the public employees retirement and state teachers retirement systems in such allocations as the Consolidated Public Retirement Board finds to be necessary and advantageous in funding the one-time supplements of certain annuitants as provided in section twenty-two-i, article ten, chapter five of this code and section twenty-six-t, article seven-a, chapter eighteen of this code.
CHAPTER 18. EDUCATION.
ARTICLE 7A. STATE TEACHERS RETIREMENT SYSTEM.

§18-7A-26t. One-time supplement for certain annuitants effective the first day of July, two thousand six.

(a) A one-time supplement to retirement benefits of three percent shall be provided to all retirees that are age seventy or older and have been annuitants for at least five consecutive years as of the effective date of this section and beneficiaries of deceased members who would have been at least seventy years of age or older and have been annuitants for at least five consecutive years as of the effective date of this section.

The bill, as amended, was then ordered to 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.

The nays were: None.

Absent: None.

Having been engrossed, the bill (Eng. H. B. No. 4846) was then read a third time and put upon its passage.

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. H. B. No. 4846) passed with its title.

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

Without objection, the Senate returned to the third order of business.

Eng. Senate Bill No. 32, Relating to educational opportunities for children of military personnel.

On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.

The following House of Delegates amendments to the bill were reported by the Clerk:

On page two, by striking out everything after the enacting clause and inserting in lieu thereof the following:

That §18-19-1, §18-19-2 and §18-19-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §18C-1-4 of said code be amended and reenacted, all to read as follows:

ARTICLE 19. EDUCATIONAL OPPORTUNITIES FOR CHILDREN OF DECEASED SOLDIERS, SAILORS, MARINES AND AIRMEN.

§18-19-1. Appropriation to provide educational opportunities.
(a) ~~For the purpose of providing~~ The purpose of this article is to provide educational opportunities for the children of those ~~who~~:

(1) Who served in ~~the~~:

(A) The Army, Navy or Marine Corps of the United States during the world war from the sixth day of April, ~~sixth~~ one thousand nine hundred seventeen, to the second day of July, ~~second~~ one thousand nine hundred twenty-one, all dates inclusive;

(B) ~~or served in the~~ The armed forces of the United States of America at any time between the first day of December, ~~first~~ one thousand nine hundred forty-one, and the declaration of peace by the Congress of the United States, all dates inclusive;

(C) ~~or served in the~~ The armed forces of the United States of America at any time between the twenty-seventh day of June, ~~twenty-seventh~~ one thousand nine hundred fifty, and the thirty-first day of January, ~~thirty-first~~ one thousand nine hundred fifty-five, all dates inclusive;

(D) ~~or served in the~~ The armed forces of the United States of America at any time between the fifth day of August, ~~fifth~~ one thousand nine hundred sixty-four, and the seventh day of May, ~~seventh~~ one thousand nine hundred seventy-five, all dates inclusive; or

(E) The armed forces of the United States of America at any time during which the forces or members of the reserve components are called to active duty by the President of the United States under Title 10 of the United States Code for the purpose of entering into armed combat; and ~~who~~
(2) Who were killed in action or have died or may hereafter die from disease or disability resulting from ~~such~~ this war service.

(b) For the purpose of this article, there ~~shall be~~ is appropriated from the State Fund, General Revenue, the sum of at least five thousand dollars for each fiscal year commencing the first day of July ~~first~~ and ending on the thirtieth day of June ~~thirty~~ of each year of the next biennium to be used for the benefit of ~~such~~ these children while attending ~~state~~ post-secondary education or training institutions.

(c) This benefit also shall be given to children of a service member killed during hostile actions as defined by the agency administering this section.

(d) The term "children" as used in this article ~~shall include~~ includes any child of a veteran who has been legitimized by operation of law prior to the veteran's demise.

§18-19-2. Eligibility of applicant for benefits; application forms; preference.

(a) To be eligible for the benefits of this article, ~~said children must~~ a child set forth in section one of this article shall be at:

(1) At least sixteen and not more than ~~twenty-two~~ twenty-five years of age;

(2) Enrolled in a post-secondary education or training institution in this state; and

(3) ~~have had their domiciles in this state for at least twelve months preceding their application for said benefits~~ The child of an enlistee who designated West Virginia as his or her state of record.

(b) ~~Such~~ The application shall be made to, and upon forms provided by, the West Virginia Division of Veterans' Affairs. ~~which~~ The division shall determine the eligibility of those who ~~make such application~~ apply and the yearly amount to be allotted each applicant. ~~which~~ The amount, in the discretion of the division, may vary from year to year, but ~~shall~~ may not exceed the sum of ~~five hundred~~ one thousand dollars in any one semester or a total of two thousand dollars in any one year. In selecting those to receive the benefits of this article, preference shall be given those who are otherwise financially unable to secure ~~said~~ the educational opportunities. ~~and to those whose parent was domiciled in this state during the period of such parent's war service~~

§18-19-3. No tuition fees to be charged; how funds to be expended; cessation of allowances.

~~No tuition fees shall be charged such applicants~~
(a) A state post-secondary education or training institution may not charge tuition and fees to an eligible applicant attending ~~any state education or training~~ that institution pursuant to this article. ~~and the~~ The funds herein appropriated shall be expended by ~~said~~ the West Virginia Division of Veterans' Affairs only for matriculation fees, board, room rent, books, supplies and other necessary living expenses of ~~such~~ those children.

(b) In the event that a child eligible for a tuition waiver pursuant to this section attends a private post-secondary education or training institution where the tuition waiver is not applicable, that child remains eligible for up to two thousand dollars per year in education benefits pursuant to section two of this article.

(c) In addition to the tuition waiver available pursuant to this section, a child attending a state post-secondary education or training institution is eligible for up to two thousand dollars per year in education benefits as provided in section two of this article.

(d) ~~Said~~ The division is charged with the duty of disbursing the funds herein provided and shall draw its requisitions upon the State Auditor for that purpose. In ~~the~~ its discretion, ~~of said~~ the division, ~~such~~ if satisfied as to the accuracy and amounts of the expenditures, shall make the requisitions ~~may be made~~ payable to ~~said~~ the post-secondary education or training institutions or to those furnishing to ~~said~~ the children board, room rent, books, supplies and other necessary living expenses. ~~the division being first satisfied as to the correctness and amounts of such expenditures. Should any child withdraw from any such~~

(e) If a child receiving benefits or tuition waivers pursuant to this article withdraws from the institution, all allowances to ~~such~~ the child shall cease. No
(f) A member or employee of ~~said~~ the division ~~shall~~ may not receive any additional compensation for the services herein required.

(g) Acceptance of benefits or tuition waivers pursuant to this article does not limit the acceptance of any other scholarship or grant for which a student may be eligible.

(h) Notwithstanding the provisions of this article to the contrary, until the first day of January, two thousand seven, benefits received pursuant to this article may be used for educational opportunities received at an education or training institution that is below the post-secondary level.
CHAPTER 18C. STUDENT LOANS; SCHOLARSHIPS AND STATE AID.

§18C-1-4. Eligibility of commuting students and children of military personnel for state-funded student financial aid, grants and scholarships.

(a) Notwithstanding any other provision of this code or rule of the higher education policy commission to the contrary, a person who has met all other conditions of eligibility for state funded financial aid, grants, or scholarships shall not be deemed ineligible for state funded financial aid, grants or scholarship based solely upon his or her attendance at a private high school outside the state if: (1) During his or her attendance at the school outside the state, the student was residing to the contrary, a student who attended a public or private high school outside the state is eligible for state-funded student financial aid, grants and scholarships if:

(1) The student meets all other eligibility requirements for the aid, grant or scholarship; and either

(2) The student resided in West Virginia while attending high school in another state; and:

(A) The student resided with his or her parent or legal guardian ~~in this state and that parent or legal guardian~~ who:

(i) Was a resident of this state; and

(ii) Had been a resident of this state for at least two years ~~prior to~~ immediately preceding the student's attendance at the school;

~~(2)~~ (B) The student commuted during the school term on a daily basis from this state to ~~attend~~ the school; ~~in another state~~
~~(3)~~ (C) The student is a dependent of the parent or legal guardian upon which eligibility is based; ~~and~~
(D) The student has not established domicile outside the state; and

~~(4)~~ (E) At the discretion of the State Superintendent of Schools, as defined in section one, article one, chapter eighteen of this code:

(i) The school is fully accredited in ~~the state of its location~~ that state to the degree acceptable to the State Superintendent of Schools; ~~of this state in his or her discretion~~ and

~~(5)~~ (ii) The school's curriculum requirements for graduation are ~~the same as~~ equivalent to the curriculum requirements for graduation in this state, or sufficiently similar to those requirements, as determined by the State Superintendent of Schools; or ~~of this state in his or her discretion.~~
~~(b) Nothing in this~~
(3) The student resided and attended high school in another state or a United States territory, United States possession or foreign country; and:

(A) The student resided with his or her parent or legal guardian; and

(B) The student's parent or legal guardian:

(i) Served in the United States armed forces while the student attended high school in such state, territory, possession or country;

(ii) Was stationed for military purposes in such state, territory, possession or country; and

(iii) Maintained legal residence in West Virginia while stationed in such state, territory, possession or country.

(b) This section may not be construed to alter, amend or extend any application deadlines or other requirements established by law or policy.

And,

On pages one and two, by striking out the title and substituting therefor a new title, to read as follows:

Eng. Senate Bill No. 32--A Bill to amend and reenact §18-19-1, §18-19-2 and §18-19-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18C-1-4 of said code, all relating to state-funded student financial aid resources; modifying eligibility criteria for certain programs; modifying the types of institutions at which certain benefits may be used; expanding certain benefit eligibility to children of certain military personnel; increasing certain benefit amounts; extending eligibility age limits for certain benefits; and extending the benefit eligibility until a date certain to certain students who attend public high school outside the state.

On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.

Engrossed Senate Bill No. 32, as amended by the House of Delegates, was then put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 32) passed with its House of Delegates amended title.

Senator Chafin moved that the bill take effect July 1, 2006.

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.

Eng. Com. Sub. for Senate Bill No. 125, Budget bill.

On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.

The following House of Delegates amendment to the bill was reported by the Clerk:

On page one, by striking out everything after the enacting clause and inserting in lieu thereof the provisions of Engrossed Committee Substitute for House Bill No. 4013.

On motion of Senator Chafin, the Senate refused to concur in the foregoing House amendment to the bill (Eng. Com. Sub. for S. B. No. 125) and requested the House of Delegates to recede therefrom.
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. 183, Creating certain special license plates.

On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.

The following House of Delegates amendments to the bill were reported by the Clerk:

On page two, by striking out everything after the enacting clause and inserting in lieu thereof the following:

That §17A-3-4, §17A-3-14 and §17A-3-23 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:

ARTICLE 3. ORIGINAL AND RENEWAL OF REGISTRATION; ISSUANCE OF CERTIFICATES OF TITLE.

§17A-3-4. Application for certificate of title; tax for privilege of certification of title; exceptions; fee on payments for leased vehicles; penalty for false swearing.

(a) Certificates of registration of any vehicle or registration plates for the vehicle, whether original issues or duplicates, may not be issued or furnished by the Division of Motor Vehicles or any other officer or agent charged with the duty, unless the applicant already has received, or at the same time makes application for and is granted, an official certificate of title of the vehicle in either an electronic or paper format. The application shall be upon a blank form to be furnished by the Division of Motor Vehicles and shall contain a full description of the vehicle, which description shall contain a manufacturer's serial or identification number or other number as determined by the commissioner and any distinguishing marks, together with a statement of the applicant's title and of any liens or encumbrances upon the vehicle, the names and addresses of the holders of the liens and any other information as the Division of Motor Vehicles may require. The application shall be signed and sworn to by the applicant. A duly certified copy of the division's electronic record of a certificate of title is admissible in any civil, criminal or administrative proceeding in this state as evidence of ownership.

(b) A tax is imposed upon the privilege of effecting the certification of title of each vehicle in the amount equal to five percent of the value of the motor vehicle at the time of the certification, to be assessed as follows:

(1) If the vehicle is new, the actual purchase price or consideration to the purchaser of the vehicle is the value of the vehicle. If the vehicle is a used or secondhand vehicle, the present market value at time of transfer or purchase is the value of the vehicle for the purposes of this section: Provided, That so much of the purchase price or consideration as is represented by the exchange of other vehicles on which the tax imposed by this section has been paid by the purchaser shall be deducted from the total actual price or consideration paid for the vehicle, whether the vehicle be new or secondhand. If the vehicle is acquired through gift or by any manner whatsoever, unless specifically exempted in this section, the present market value of the vehicle at the time of the gift or transfer is the value of the vehicle for the purposes of this section.

(2) No certificate of title for any vehicle may be issued to any applicant unless the applicant has paid to the Division of Motor Vehicles the tax imposed by this section which is five percent of the true and actual value of the vehicle whether the vehicle is acquired through purchase, by gift or by any other manner whatsoever, except gifts between husband and wife or between parents and children: Provided, That the husband or wife, or the parents or children, previously have paid the tax on the vehicles transferred to the State of West Virginia.

(3) The Division of Motor Vehicles may issue a certificate of registration and title to an applicant if the applicant provides sufficient proof to the Division of Motor Vehicles that the applicant has paid the taxes and fees required by this section to a motor vehicle dealership that has gone out of business or has filed bankruptcy proceedings in the United States bankruptcy court and the taxes and fees so required to be paid by the applicant have not been sent to the division by the motor vehicle dealership or have been impounded due to the bankruptcy proceedings: Provided, That the applicant makes an affidavit of the same and assigns all rights to claims for money the applicant may have against the motor vehicle dealership to the Division of Motor Vehicles.

(4) The Division of Motor Vehicles shall issue a certificate of registration and title to an applicant without payment of the tax imposed by this section if the applicant is a corporation, partnership or limited liability company transferring the vehicle to another corporation, partnership or limited liability company when the entities involved in the transfer are members of the same controlled group and the transferring entity has previously paid the tax on the vehicle transferred. For the purposes of this section, control means ownership, directly or indirectly, of stock or equity interests possessing fifty percent or more of the total combined voting power of all classes of the stock of a corporation or equity interests of a partnership or limited liability company entitled to vote or ownership, directly or indirectly, of stock or equity interests possessing fifty percent or more of the value of the corporation, partnership or limited liability company.

(5) The tax imposed by this section does not apply to vehicles to be registered as Class H vehicles or Class M vehicles, as defined in section one, article ten of this chapter, which are used or to be used in interstate commerce. Nor does the tax imposed by this section apply to the titling of Class B vehicles registered at a gross weight of fifty-five thousand pounds or more, or to the titling of Class C semitrailers, full trailers, pole trailers and converter gear: Provided, That if an owner of a vehicle has previously titled the vehicle at a declared gross weight of fifty-five thousand pounds or more and the title was issued without the payment of the tax imposed by this section, then before the owner may obtain registration for the vehicle at a gross weight less than fifty-five thousand pounds, the owner shall surrender to the commissioner the exempted registration, the exempted certificate of title and pay the tax imposed by this section based upon the current market value of the vehicle: Provided, however, That notwithstanding the provisions of section nine, article fifteen, chapter eleven of this code, the exemption from tax under this section for Class B vehicles in excess of fifty-five thousand pounds and Class C semitrailers, full trailers, pole trailers and converter gear does not subject the sale or purchase of the vehicles to the consumers sales tax.

(6) The tax imposed by this section does not apply to titling of vehicles leased by residents of West Virginia. A tax is imposed upon the monthly payments for the lease of any motor vehicle leased by a resident of West Virginia, which tax is equal to five percent of the amount of the monthly payment, applied to each payment, and continuing for the entire term of the initial lease period. The tax shall be remitted to the Division of Motor Vehicles on a monthly basis by the lessor of the vehicle.

(7) The tax imposed by this section does not apply to titling of vehicles by a registered dealer of this state for resale only, nor does the tax imposed by this section apply to titling of vehicles by this state or any political subdivision thereof, or by any volunteer fire department or duly chartered rescue or ambulance squad organized and incorporated under the laws of the State of West Virginia as a nonprofit corporation for protection of life or property. The total amount of revenue collected by reason of this tax shall be paid into the State Road Fund and expended by the Commissioner of Highways for matching federal funds allocated for West Virginia. In addition to the tax, there is a charge of five dollars for each original certificate of title or duplicate certificate of title so issued: Provided, That this state or any political subdivision of this state or any volunteer fire department or duly chartered rescue squad is exempt from payment of the charge.

(8) The certificate is good for the life of the vehicle, so long as the vehicle is owned or held by the original holder of the certificate, and need not be renewed annually, or any other time, except as provided in this section.

(9) If, by will or direct inheritance, a person becomes the owner of a motor vehicle and the tax imposed by this section previously has been paid to the Division of Motor Vehicles on that vehicle, he or she is not required to pay the tax.

(10) A person who has paid the tax imposed by this section is not required to pay the tax a second time for the same motor vehicle, but is required to pay a charge of five dollars for the certificate of retitle of that motor vehicle, except that the tax shall be paid by the person when the title to the vehicle has been transferred either in this or another state from the person to another person and transferred back to the person.

(11) The tax imposed by this section does not apply to any passenger vehicle offered for rent in the normal course of business by a daily passenger rental car business as licensed under the provisions of article six-d of this chapter. For purposes of this section, a daily passenger car means a Class A motor vehicle having a gross weight of eight thousand pounds or less and is registered in this state or any other state. In lieu of the tax imposed by this section, there is hereby imposed a tax of not less than one dollar nor more than one dollar and fifty cents for each day or part of the rental period. The commissioner shall propose an emergency rule in accordance with the provisions of article three, chapter twenty-nine-a of this code to establish this tax.

(12) The tax imposed by this article does not apply to the titling of any vehicle purchased by a senior citizen service organization which is exempt from the payment of income taxes under the United States Internal Revenue Code, Title 26 U. S. C. §501(c)(3) and which is recognized to be a bona fide senior citizen service organization by the senior services bureau existing under the provisions of article five, chapter sixteen of this code.

(13) The tax imposed by this section does not apply to the titling of any vehicle operated by an urban mass transit authority as defined in article twenty-seven, chapter eight of this code or a nonprofit entity exempt from federal and state income tax under the Internal Revenue Code and whose purpose is to provide mass transportation to the public at large designed for the transportation of persons and being operated for the transportation of persons in the public interest.

(c) Notwithstanding any provisions of this code to the contrary, the owners of trailers, semitrailers, recreational vehicles and other vehicles not subject to the certificate of title tax prior to the enactment of this chapter are subject to the privilege tax imposed by this section: Provided, That the certification of title of any recreational vehicle owned by the applicant on the thirtieth day of June, one thousand nine hundred eighty-nine, is not subject to the tax imposed by this section: Provided, however, That mobile homes, manufactured homes, modular homes and similar nonmotive propelled vehicles, except recreational vehicles and house trailers, susceptible of being moved upon the highways but primarily designed for habitation and occupancy, rather than for transporting persons or property, or any vehicle operated on a nonprofit basis and used exclusively for the transportation of mentally retarded or physically handicapped children when the application for certificate of registration for the vehicle is accompanied by an affidavit stating that the vehicle will be operated on a nonprofit basis and used exclusively for the transportation of mentally retarded and physically handicapped children, are not subject to the tax imposed by this section, but are taxable under the provisions of articles fifteen and fifteen-a, chapter eleven of this code.

(d) Any person making any affidavit required under any provision of this section who knowingly swears falsely, or any person who counsels, advises, aids or abets another in the commission of false swearing, or any person, while acting as an agent of the Division of Motor Vehicles, issues a vehicle registration without first collecting the fees and taxes or fails to perform any other duty required by this chapter to be performed before a vehicle registration is issued is, on the first offense, guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than five hundred dollars or be confined in jail for a period not to exceed six months or, in the discretion of the court, both fined and confined. For a second or any subsequent conviction within five years, that person is guilty of a felony and, upon conviction thereof, shall be fined not more than five thousand dollars or be imprisoned in a state correctional facility for not less than one year nor more than five years or, in the discretion of the court, both fined and imprisoned.

(e) Notwithstanding any other provisions of this section, any person in the military stationed outside West Virginia or his or her dependents who possess a motor vehicle with valid registration are exempt from the provisions of this article for a period of nine months from the date the person returns to this state or the date his or her dependent returns to this state, whichever is later.

(f) No person may transfer, purchase or sell a factory-built home without a certificate of title issued by the commissioner in accordance with the provisions of this article:

(1) Any person who fails to provide a certificate of title upon the transfer, purchase or sale of a factory-built home is guilty of a misdemeanor and, upon conviction thereof, shall for the first offense be fined not less than one hundred dollars nor more than one thousand dollars, or be confined in jail for not more than one year or, both fined and confined. For each subsequent offense, the fine may be increased to not more than two thousand dollars, with confinement in jail not more than one year or, both fined and confined.

(2) Failure of the seller to transfer a certificate of title upon sale or transfer of the factory-built home gives rise to a cause of action, upon prosecution thereof, and allows for the recovery of damages, costs and reasonable attorney fees.

(3) This subsection does not apply to a mobile or manufactured home for which a certificate of title has been canceled pursuant to section twelve-b of this article.

(g) Notwithstanding any other provision to the contrary, whenever reference is made to the application for or issuance of any title or the recordation or release of any lien, it includes the application, transmission, recordation, transfer of ownership and storage of information in an electronic format.

(h) Notwithstanding any other provision contained in this section, nothing herein shall be considered to include modular homes as defined in subsection (i), section two, article fifteen, chapter thirty-seven of this code and built to the State Building Code as established by legislative rules promulgated by the State Fire Commission pursuant to section five-b, article three, chapter twenty-nine of this code.

§17A-3-14. Registration plates generally; description of plates; issuance of special numbers and plates; registration fees; special application fees; exemptions; commissioner to promulgate forms; suspension and nonrenewal.

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

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

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

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

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

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

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

(A) Upon appropriate application, the division shall issue to the Secretary of State, State Superintendent of Schools, Auditor, Treasurer, Commissioner of Agriculture and the Attorney General, the members of both houses of the Legislature, including the elected officials of both houses of the Legislature, the Justices of the Supreme Court of Appeals of West Virginia, the representatives and senators of the state in the Congress of the United States, the judges of the West Virginia circuit courts, active and retired on senior status, the judges of the United States district courts for the State of West Virginia and the judges of the United States Court of Appeals for the fourth circuit, if any of the judges are residents of West Virginia, a special registration plate for a Class A motor vehicle and a special registration plate for a Class G motorcycle owned by the official or his or her spouse: Provided, That the division may issue a Class A special registration plate for each vehicle titled to the official and a Class G special registration plate for each motorcycle titled to the official.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(13) The division may issue honorably discharged Marine Corps League members special registration plates as follows:

(A) Upon appropriate application, the division shall issue to any honorably discharged Marine Corps League member a special registration plate for any number of vehicles titled in the name of the qualified applicant with an insignia designed by the Commissioner of the Division of Motor Vehicles.

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

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

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

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

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

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

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

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

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

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

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

(16) The division may issue members of the Silver Haired Legislature special registration plates as follows:

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

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

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

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

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

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

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

(19) Racing theme special registration plates:

(A) The division may issue a series of special registration plates displaying National Association for Stock Car Auto Racing themes.

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

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

(20) The division may issue recipients of the Navy Cross, Distinguished Service Cross, Distinguished Flying Cross, Air Force Cross, Bronze Star, or Silver Star or Air Medal special registration plates as follows:

(A) Upon appropriate application, the division shall issue to any recipient of the Navy Cross, Distinguished Service Cross, Distinguished Flying Cross, Air Force Cross, Silver Star, or Bronze Star or Air Medal, a registration plate for any number of vehicles titled in the name of the qualified applicant bearing letters or numbers. A separate registration plate shall be designed by the Commissioner of Motor Vehicles for each award that denotes that those individuals who are granted this special registration plate are recipients of the Navy Cross, Distinguished Service Cross, Distinguished Flying Cross, Air Force Cross, Silver Star or Bronze Star, as applicable.

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

(C) A surviving spouse may continue to use his or her deceased spouse's Navy Cross, Distinguished Service Cross, Distinguished Flying Cross, Air Force Cross, Silver Star, or Bronze Star or Air Medal special registration plate until the surviving spouse dies, remarries or does not renew the special registration plate.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(D) Notwithstanding the provisions of subsection (d) of this section, the time period for the Nemesis Shrine to comply with the minimum one hundred prepaid applications is hereby extended to the fifteenth day of January, two thousand five.

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

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

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

(29) The division shall issue special registration plates to individuals who have received either the combat infantry badge or the combat medic badge as follows:

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

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

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

(D) Notwithstanding the provisions of subsection (d) of this section, the time period for the Knights of Columbus to comply with the minimum one hundred prepaid applications is hereby extended to the fifteenth day of January, two thousand ~~five~~ seven.

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

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

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

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

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

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

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

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

(E) Notwithstanding the provisions of subsection (d) of this section, the time period for the democratic executive committee to comply with the minimum one hundred prepaid applications is hereby extended to the fifteenth day of January, two thousand five.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(41) The division may issue special registration plates to survivors of wounds received in the line of duty as a member with a West Virginia law-enforcement agency.

(A) Upon appropriate application, the division shall issue to any member of a municipal police department, sheriff's department, the State Police or the law-enforcement division of the ~~Department~~ Division of Natural Resources who has been wounded in the line of duty and awarded a Purple Heart in recognition thereof by the West Virginia Chiefs of Police Association, the West Virginia Sheriffs' Association, the West Virginia Troopers Association or the Division of Natural Resources a special registration plate for one vehicle titled in the name of the qualified applicant with an insignia appropriately designed by the commissioner.

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

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

(D) Survivors of wounds received in the line of duty as a member with a West Virginia law-enforcement agency may obtain a license plate as described in this section for use on a passenger vehicle titled in the name of the qualified applicant. The division shall charge a one-time fee of ten dollars to be deposited into a special revolving fund to be used in the administration of this section, in addition to all other fees required by this chapter, for the second plate.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(47) The division may issue special registration plates to members of Lions International as follows:

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

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

(48) The division may issue special registration plates supporting organ donation as follows:

(A) Upon appropriate application, the division may issue a special registration plate designed by the commissioner which recognizes, supports and honors organ and tissue donors and includes the words "Donate Life".

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

(49) The division may issue special registration plates to members of the West Virginia Bar Association as follows:

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

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

(50) The division may issue special registration plates bearing an appropriate logo, symbol or insignia combined with the words "SHARE THE ROAD" designed to promote bicycling in the state as follows:

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

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

(51) The division may issue special registration plates honoring coal miners as follows:

(A) Upon appropriate application, the division shall issue a special registration plate depicting and displaying coal miners in mining activities as prescribed and designated by the commissioner and the board of the National Coal Heritage Area Authority.

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

(52) The division may issue special registration plates to present and former Boy Scouts as follows:

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

(53) The division may issue special registration plates to present and former Boy Scouts who have achieved Eagle Scout status as follows:

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

(54) The division may issue special registration plates recognizing and memorializing victims of domestic violence.

(A) Upon appropriate application, the division may issue a special registration plate designed by the commissioner to recognize and memorialize victims of domestic violence, such plate to incorporate somewhere in the design the "purple ribbon emblem", for any number of vehicles titled in the name of the applicant.

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

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

(55) The division may issue special registration plates bearing the logo, symbol, insignia, letters or words demonstrating association with or support for the University of Charleston as follows:

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

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

(56) The division may issue special registration plates to members of the Sons of the American Revolution as follows:

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

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

(57) The commissioner may issue special registration plates for horse enthusiasts as follows:

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

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

(58) The commissioner may issue special registration plates to the next of kin of a member of any branch of the armed services of the United States killed in combat as follows:

(A) Upon appropriate application, the division shall issue a special registration plate for any number of vehicles titled in the name of a qualified applicant depicting the gold star awarded by the United States Department of Defense as prescribed and designated by the commissioner.

(B) The next of kin shall provide sufficient proof of receiving a Gold Star Lapel Button from the United States Department of Defense in accordance with Public Law 534, 89th Congress and criteria established by the United States Department of Defense, including criteria to determine next of kin.

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

(D) The provisions of subsection (d) of this section are not applicable for the issuance of the special license plates designated by this subdivision.

(59) The commissioner may issue special registration plates for retired or former Justices of the Supreme Court of Appeals of West Virginia as follows:

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

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

(D) The provisions of subsection (d) of this section are not applicable for the issuance of the special license plates designated by this subdivision.

(d) The commissioner shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code regarding the proper forms to be used in making application for the special license plates authorized by this section. The minimum number of applications required prior to design and production of a special license plate shall be as follows:

(1) The commissioner may not begin the design or production of any license plates for which eligibility is based on membership or affiliation with a particular private organization until at least one hundred persons complete an application and deposit with the organization a check to cover the first year's basic registration, one-time design and manufacturing costs and to cover the first year additional annual fee. If the organization fails to submit the required number of applications with attached checks within six months of the effective date of the authorizing legislation, the plate will not be produced and will require legislative reauthorization: Provided, That ~~the six-month requirement in this subsection does not apply to subdivision (1) through (26), inclusive, subsection (c) of this section~~ an organization or group that is unsuccessful in obtaining the minimum number of applications may not request reconsideration of a special plate until at least two years have passed since the effective date of the original authorization.

(2) The commissioner may not begin the design or production of any license plates authorized by this section for which membership or affiliation with a particular organization is not required until at least two hundred fifty registrants complete an application and deposit a fee with the division to cover the first year's basic registration fee, one-time design and manufacturing fee and additional annual fee if applicable. If the commissioner fails to receive the required number of applications within six months of the effective date of the authorizing legislation, the plate will not be produced and will require legislative reauthorization: Provided, That if the minimum number of applications is not satisfied within the six months of the effective date of the authorizing legislation, a person may not request reconsideration of a special plate until at least two years have passed since the effective date of the original authorization.

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

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

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

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

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

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

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

(h) The commissioner may, in his or her discretion, issue a registration plate of reflectorized material suitable for permanent use on motor vehicles, trailers and semitrailers, together with appropriate devices to be attached to the registration to indicate the year for which the vehicles have been properly registered or the date of expiration of the registration. The design and expiration of the plates shall be determined by the commissioner. The commissioner shall, whenever possible and cost effective, implement the latest technology in the design, production and issuance of registration plates, indices of registration renewal and vehicle ownership documents, including, but not limited to, offering internet renewal of vehicle registration and the use of bar codes for instant identification of vehicles by scanning equipment to promote the efficient and effective coordination and communication of data for improving highway safety, aiding law enforcement and enhancing revenue collection.

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

§17A-3-23. Registration plates to state, county, municipal and other governmental vehicles; use for undercover activities.

(a) Any motor vehicle designed to carry passengers, owned or leased by the State of West Virginia, or any of its departments, bureaus, commissions or institutions, except vehicles used by the Governor, Treasurer, three vehicles per elected office of the Board of Public Works, vehicles operated by the State Police, vehicles operated by conservation officers of the Division of Natural Resources, not to exceed ten vehicles operated by the arson investigators of the office of State Fire Marshal, not to exceed two vehicles operated by the Division of Protective Services and not to exceed sixteen vehicles operated by inspectors of the office of the Alcohol Beverage Control Commissioner, may not be operated or driven by any person unless it has displayed and attached to the front thereof, in the same manner as regular motor vehicle registration plates are attached, a plate of the same size as the regular registration plate, with white lettering on a green background bearing the words "West Virginia" in one line and the words "State Car" in another line and the lettering for the words "State Car" shall be of sufficient size to be plainly readable from a distance of one hundred feet during daylight.

The vehicle shall also have attached to the rear a plate bearing a number and any other words and figures as the Commissioner of Motor Vehicles shall prescribe. The rear plate shall also be green with the number in white.

(b) On registration plates issued to vehicles owned by counties, the color shall be white on red with the word "County" on top of the plate and the words "West Virginia" on the bottom. On any registration plates issued to a city or municipality, the color shall be white on blue with the word "City" on top and the words "West Virginia" on the bottom: Provided, That after the thirty- first day of December, two thousand six, registration plates issued to a city or municipality law-enforcement department shall include blue lettering on a white background with the word "West Virginia" on top of the plate and shall be further designed by the commissioner to include a law-enforcement shield together with other insignia or lettering sufficient to identify the motor vehicle as a municipal law-enforcement department motor vehicle. The colors may not be reversed and shall be of reflectorized material. The registration plates issued to counties, municipalities and other governmental agencies authorized to receive colored plates hereunder shall be affixed to both the front and rear of the vehicles. Every municipality shall provide the commissioner with a list of law-enforcement vehicles operated by the law-enforcement department of the municipality, unless otherwise provided in this section, and a fee of ten dollars for each vehicle submitted by the first day of July, two thousand six.

(c) Registration plates issued to vehicles operated by county sheriffs shall be designed by the commissioner in cooperation with the Sheriffs' Association with the word "Sheriff" on top of the plate and the words "West Virginia" on the bottom. The plate shall contain a gold shield representing the sheriff's star and a number assigned to that plate by the commissioner. Every county sheriff shall provide the commissioner with a list of vehicles operated by the sheriff, unless otherwise provided in this section, and a fee of ten dollars for each vehicle submitted by the first day of July, two thousand two.

(d) The commissioner is authorized to designate the colors and design of any other registration plates that are issued without charge to any other agency in accordance with the motor vehicle laws.

(e) Upon application, the commissioner is authorized to issue a maximum of five Class A license plates per applicant to be used by county sheriffs and municipalities on law-enforcement vehicles while engaged in undercover investigations.

(f) The commissioner is authorized to issue an unlimited number of license plates per applicant to authorized drug and violent crime task forces in the State of West Virginia when the chairperson of the control group of a drug and violent crime task force signs a written affidavit stating that the vehicle or vehicles for which the plates are being requested will be used only for official undercover work conducted by a drug and violent crime task force.

(g) The commissioner is authorized to issue twenty Class A license plates to the Criminal Investigation Division of the Department of ~~Tax and~~ Revenue for use by its investigators.

(h) The commissioner may issue a maximum of ten Class A license plates to the Division of Natural Resources for use by conservation officers. The commissioner shall designate the color and design of the registration plates to be displayed on the front and the rear of all other state-owned vehicles owned by the Division of Natural Resources and operated by conservation officers.

(i) The commissioner is authorized to issue an unlimited number of Class A license plates to the Commission on Special Investigations for state-owned vehicles used for official undercover work conducted by the Commission on Special Investigations. The commissioner is authorized to issue a maximum of two Class A plates to the Division of Protective Services for state-owned vehicles used by the Division of Protective Services in fulfilling its mission.

(j) No other registration plate may be issued for, or attached to, any state-owned vehicle.

(k) The Commissioner of Motor Vehicles shall have a sufficient number of both front and rear plates produced to attach to all state-owned cars. The numbered registration plates for the vehicles shall start with the number "five hundred" and the commissioner shall issue consecutive numbers for all state-owned cars.

(l) It is the duty of each office, department, bureau, commission or institution furnished any vehicle to have plates as described herein affixed thereto prior to the operation of the vehicle by any official or employee.

(m) The commissioner may issue special registration plates for motor vehicles titled in the name of the Division of Public Transit or in the name of a public transit authority as defined in this subsection and operated by a public transit authority or a public transit provider to transport persons in the public interest. For purposes of this subsection, "public transit authority" means an urban mass transportation authority created pursuant to the provisions of article twenty-seven, chapter eight of this code or a nonprofit entity exempt from federal and state income taxes under the Internal Revenue Code and whose purpose is to provide mass transportation to the public at large. The special registration plate shall be designed by the commissioner and shall display the words "public transit" or words or letters of similar effect to indicate the public purpose of the use of the vehicle. The special registration plate shall be issued without charge.

~~(m)~~ (n) Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than fifty dollars nor more than one hundred dollars. Magistrates shall have concurrent jurisdiction with circuit and criminal courts for the enforcement of this section.;

And,

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. 183--A Bill to amend and reenact §17A-3-4, §17A-3-14 and §17A-3-23 of the Code of West Virginia, 1931, as amended, all relating to motor vehicle registration generally; providing for the issuance of a special plate for recipients of the Armed Forces Air Medal; extending the time to comply with requirements for the issuance of a special plate for members of the Knights of Columbus; providing for the issuance of a special Lions International membership license plate; providing for the issuance of a special plate recognizing organ and tissue donors; providing for the issuance of a special West Virginia Bar Association membership license plate; providing for the issuance of a special plate with the logo "SHARE THE ROAD"; providing for the issuance of a special plate honoring coal miners; providing for the issuance of special plates for present and former Boy Scouts and Eagle Scouts; providing for the issuance of a special plate memorializing victims of domestic violence; providing for the issuance of a special plate demonstrating association with or support of the University of Charleston; providing for the issuance of a special plate for members of the Sons of the American Revolution; providing for the issuance of a special plate for horse enthusiasts; providing for the issuance of a special plate for the next of kin of a member of the armed forces killed in combat; providing for the issuance of a special plate for retired or former Justices of the Supreme Court of Appeals of West Virginia; assessing a special initial application fee and a special annual fee therefor; revising the criteria before the commissioner may initiate the design and production of a special license plate; encouraging the commissioner to utilize technology in the design, production and issuance of registration plates, including offering internet renewal of vehicle registration; establishing a new license plate issued to a city or municipality for motor vehicles of a city or municipal law-enforcement department; specifying the design and a one-time fee therefor; providing for the issuance of special license plates for certain vehicles titled in the name of the Division of Public Transit or a public transit authority to transport persons in the public interest, without charge therefor; providing for the design therefor; and exempting certain vehicles titled in the name of an urban mass transit authority and certain nonprofit entities from the tax imposed upon the privilege of certification of title of a vehicle by the Division of Motor Vehicles.

On motion of Senator Chafin, the following amendment to the House of Delegates amendments to the bill (Eng. Com. Sub. for S. B. No. 183) was reported by the Clerk and adopted:

On page sixty-three, section twenty-three, subsection (a), after the words "State Police" by inserting a comma and the words "not to exceed five vehicles operated by the Office of the Secretary of Military Affairs and Public Safety, not to exceed five vehicles operated by the Division of Homeland Security and Emergency Management,".

On motion of Senator Chafin, the Senate concurred in the House of Delegates amendment, as amended.

Engrossed Committee Substitute for Senate Bill No. 183, as amended, was then put upon its passage.

The nays were: None.

Absent: None.

So, a majority 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. 183) passed with its House of Delegates amended title.

Senator Chafin moved that the bill take effect from passage.

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 S. B. No. 183) 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. 361, Relating to investment powers of Investment Management Board.

On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.

The following House of Delegates amendments to the bill were reported by the Clerk:

On page two, by striking out everything after the enacting clause and inserting in lieu thereof the following:

That §5-10D-1, §5-10D-2 and §5-10D-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that said code be amended by adding thereto a new section, designated §5-10D- 8; and that §12-6-1a, §12-6-2, §12-6-3, §12-6-4, §12-6-5, §12-6-9c and §12-6-12 of said code be amended and reenacted, all to read as follows:
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE
GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL;
BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES,
COMMISSIONS, OFFICES, PROGRAMS, ETC.
ARTICLE 10D. CONSOLIDATED PUBLIC RETIREMENT BOARD.

§5-10D-1. Consolidated Public Retirement Board continued; members; vacancies; investment of plan funds.

(a) The Consolidated Public Retirement Board is continued to administer all public retirement plans in this state. It shall administer the Public Employees Retirement System established in article ten of this chapter; the Teachers Retirement System established in article seven-a, chapter eighteen of this code; the Teachers' Defined Contribution Retirement System created by article seven-b of said chapter; the West Virginia State Police Death, Disability and Retirement Fund created by article two, chapter fifteen of this code; the West Virginia State Police Retirement System created by article two-a of said chapter; the Deputy Sheriff Death, Disability and Retirement Fund created by article fourteen-d, chapter seven of this code; ~~and~~ the Judges' Retirement System created under article nine, chapter fifty-one of this code and provide oversight of the Investment Management Board in its investment of these funds.

(b) The membership of the Consolidated Public Retirement Board consists of:

(1) The Governor or his or her designee;

(2) The State Treasurer or his or her designee;

(3) The State Auditor or his or her designee;

(4) The Secretary of the Department of Administration or his or her designee;

(5) Four residents of the state, who are not members, retirants or beneficiaries of any of the public retirement systems, to be appointed by the Governor, with the advice and consent of the Senate; and

(6) A member, annuitant or retirant of the Public Employees Retirement System who is or was a state employee; a member, annuitant or retirant of the Public Employees Retirement System who is not or was not a state employee; a member, annuitant or retirant of the Teachers Retirement System; a member, annuitant or retirant of the West Virginia State Police Death, Disability and Retirement Fund; a member, annuitant or retirant of the Deputy Sheriff Death, Disability and Retirement Fund; and a member, annuitant or retirant of the Teachers' Defined Contribution Retirement System all to be appointed by the Governor, with the advice and consent of the Senate.

(c) The appointed members of the board serve five-year terms. A member appointed pursuant to subdivision (6), subsection (b) of this section ceases to be a member of the board if he or she ceases to be a member of the represented system. If a vacancy occurs in the appointed membership, the Governor, within sixty days, shall fill the vacancy by appointment for the unexpired term. No more than five appointees may be of the same political party.

(d) The Consolidated Public Retirement Board has all the powers, duties, responsibilities and liabilities of the Public Employees Retirement System established pursuant to article ten of this chapter; the Teachers Retirement System established pursuant to article seven-a, chapter eighteen of this code; the Teachers' Defined Contribution System established pursuant to article seven-b of said chapter; the West Virginia State Police Death, Disability and Retirement Fund created pursuant to article two, chapter fifteen of this code; the West Virginia State Police Retirement System created by article two-a of said chapter; the Deputy Sheriff Death, Disability and Retirement Fund created pursuant to article fourteen-d, chapter seven of this code; and the Judges' Retirement System created pursuant to article nine, chapter fifty-one of this code and their appropriate governing boards.

(e) The Consolidated Public Retirement Board may propose rules for legislative approval, in accordance with article three, chapter twenty-nine-a of this code, necessary to effectuate its powers, duties and responsibilities: Provided, That the board may adopt any or all of the rules, previously promulgated, of a retirement system which it administers.

(f) The Consolidated Public Retirement Board shall continue to transfer all funds received for the benefit of the retirement systems within the consolidated pension plan as defined in section three-c, article six-b, chapter forty-four of this code, including, but not limited to, all employer and employee contributions, to the West Virginia Investment Management Board: Provided, That the employer and employee contributions of the Teachers' Defined Contribution System, established in section three, article seven-b, chapter eighteen of this code, and voluntary deferred compensation funds invested by the West Virginia Consolidated Public Retirement Board pursuant to section five, article ten-b of this chapter may not be transferred to the West Virginia Investment Management Board.

(g) Notwithstanding any provision of this code or any legislative rule to the contrary, all assets of the public retirement plans set forth in subsection (a) of this section shall be held in trust. The Consolidated Public Retirement Board is a trustee for all public retirement plans, except with regard to the investment of funds: Provided, That the Consolidated Public Retirement Board is a trustee with regard to the investments of the Teachers' Defined Contribution System, the voluntary deferred compensation funds invested pursuant to section five, article ten-b of this chapter and any other assets of the public retirement plans administered by the Consolidated Public Retirement Board as set forth in subsection (a) of this section for which no trustee has been expressly designated in this code.

(h) The board may employ the West Virginia Investment Management Board to provide investment management consulting services for the investment of funds in the Teachers' Defined Contribution System.

§5-10D-2. Chairman and vice chairman; executive director; employees; legal advisor; actuary.

(a) The Secretary of the Department of Administration shall serve as the board's chairman. The board shall elect from its own number a ~~chairman and~~ vice chairman.

(b) The board shall appoint an executive director of the retirement systems. The executive director shall be the chief administrative officer of all the systems and he or she shall not be a member of the board. He or she shall perform such duties as are required of him or her in this article and as the board from time to time delegates to him or her. The compensation of the executive director shall be fixed by the board subject to the approval of the Governor. The executive director shall, with the approval of the board of trustees, employ any administrative, technical and clerical employees required in the proper operation of the systems.

(c) Notwithstanding the provisions of section two, article three of this chapter, the board shall employ and be represented by an attorney licensed to practice law in the State of West Virginia who is not an active member of any of the retirement systems administered by the board.

(d) An actuary, employed by the state or the board pursuant to section four of this article, shall be the actuarial consultant to the board.
§5-10D-3. Board meetings; quorum; vote; proceedings; compensation.

(a) The board shall hold a meeting at least once each three months, and shall designate the time and place of the meeting. Seven voting trustees constitute a quorum at any meeting of the board. Each member is entitled to one vote on each question before the board. The board shall adopt its own rules of procedure and shall keep a record of its proceedings. All meetings of the board shall be public.

(c) The members shall serve as members without compensation for their services as such: Provided, That each member shall be reimbursed, upon approval of the board, for any necessary expenses actually incurred by him or her in carrying out his or her duties. No public employee member may suffer any loss of salary or wages on account of his or her service as trustee.

§5-10D-8. Oversight of the Investment Management Board; findings; duty to monitor Investment Management Board; audits, performance and consultant reviews and studies; performance measures; access to information; annual report.

(a) The Legislature finds that it has created the Investment Management Board, under article six, chapter twelve of this code, to possess extensive expertise in the investment of public funds and the Consolidated Public Retirement Board, under this article, to possess extensive knowledge of retirement benefits and a stakeholder interest in the optimal investment of retirement funds and efficient use of resources for the administration of pension fund investment.

(b) The board shall perpetually monitor the activities of the Investment Management Board, including the acquisition, disposition and retention of investments; the allocation of investment between classes, styles and strategies of permissible investments; investment performance; levels and changes of portfolio risk; determination and reconsideration of risk tolerance; promulgation of investment policy and strategy; maintenance of portfolio diversity, stability, turnover and liquidity; administrative expenses and budget; management fees; and conformance to the investment restrictions, limitations and requirements imposed by law.

(c) The board may commission or direct such audits, performance and consultant reviews and studies of the Investment Management Board as may be necessary to fulfill the requirements of this subsection: Provided, That this activity shall occur at the expense of the board.

(d) The board request the Investment Management Board to maintain performance measures that would be useful in fulfilling the requirements of this section.

(e) The board and its employees shall be granted access to all books, records, employees, members and vendors of the Investment Management Board.

(f) Within the first seven calendar days of each calendar year, the board shall file an annual report with the Joint Committee on Government and Finance summarizing its oversight activities of the Investment Management Board; any audit or review findings and recommendations; board recommendations, accolades, concerns or other feedback regarding investment performance, policies, laws, practices and matters relating to this oversight.
CHAPTER 12. PUBLIC MONEYS AND SECURITIES.
ARTICLE 6. WEST VIRGINIA INVESTMENT MANAGEMENT BOARD.
§12-6-1a. Legislative findings.

(a) The Legislature hereby finds and declares that all the public employees covered by the Public Employees Retirement System, the Teachers Retirement System, the West Virginia State Police Retirement System, the Death, Disability and Retirement Fund of the Division of Public Safety, the Judges' Retirement System and the Deputy Sheriffs Retirement System should benefit from a prudent and conscientious staff of financial professionals dedicated to the administration, investment and management of those employees and employers financial contributions and that an independent board and staff should be immune to changing political climates and should provide a stable and continuous source of professional financial investment and management.

(b) The Legislature finds and declares that teachers and other public employees throughout the state are experiencing economic difficulty and that in order to reduce this economic hardship on these dedicated public employees and to help foster sound financial practices, the West Virginia Investment Management Board may develop, implement and maintain an efficient and modern system for the investment and management of the state's money, except those moneys managed in accordance with article six-c of this chapter. The Legislature further finds that in order to implement these sound fiscal policies, the West Virginia Investment Management Board shall operate as an independent board with its own full-time staff of financial professionals, immune to changing political climates, in order to provide a stable and continuous source of professional financial management.

(c) The Legislature hereby finds and declares further that experience has demonstrated that prudent investment provides diversification and beneficial return not only for public employees but for all citizens of the state and that in order to have access to this sound fiscal policy, public employee and employer contributions to the 401(a) plans are declared to be made to an irrevocable trust on behalf of each plan, available for no use or purpose other than for the benefit of those public employees.

(d) The Legislature hereby finds and declares further that the Workers' Compensation Old Fund and Coal-Workers' Pneumoconiosis Fund are trust funds to be used exclusively for those workers, miners and their beneficiaries who have sacrificed their health in the performance of their jobs and further finds that the assets available to pay awarded benefits should be prudently invested so that awards may be paid.

(e) The Legislature hereby finds and declares further that an independent public body corporate with appropriate governance is the best means of assuring prudent financial management of these funds under rapidly changing market conditions and regulations.

(f) The Legislature hereby finds and declares further that in accomplishing this purpose, the West Virginia Investment Management Board, ~~created and established~~ continued and reestablished by this article, is acting in all respects for the benefit of the state's public employees and ultimately the citizens of the state and the West Virginia Investment Management Board may act as trustee of the irrevocable trusts created by this article and to manage and invest other state funds.

(g) The Legislature hereby finds and declares further that the standard of care and prudence applied to trustees, the conduct of the affairs of the irrevocable trusts created by this article and the investment of other state funds is intended to be that applied to the investment of funds as described in the "Uniform Prudent Investor Act" codified as article six-c, chapter forty-four of this code and as described in section eleven of this article.

(h) The Legislature further finds and declares that the West Virginia Supreme Court of Appeals declared the West Virginia Trust Fund Act unconstitutional in its decision rendered on the twenty-eighth day of March, one thousand nine hundred ninety-seven, to the extent that it authorized investments in corporate stock, but the court also recognized that there were other permissible constitutional purposes of the West Virginia Trust Fund Act and that it is the role of the Legislature to determine those purposes consistent with the court's decision and the Constitution of West Virginia.

(i) The Legislature hereby further finds and declares that it is in the best interests of the state and its citizens to ~~create a new~~ continue and reestablish the Investment Management Board in order to: (1) Be in full compliance with the provisions of the Constitution of West Virginia; and (2) protect all existing legal and equitable rights of persons who have entered into contractual relationships with the West Virginia Board of Investments and the West Virginia Trust Fund.
§12-6-2. Definitions.

As used in this article, unless a different meaning clearly appears from the context:

(1) "Beneficiaries" means those individuals entitled to benefits from the participant plans;

(2) "Board" means the governing body for the West Virginia Investment Management Board and any reference elsewhere in this code to Board of Investments or West Virginia Trust Fund means the board as defined in this subdivision;

~~(3) "Consolidated fund" means the investment fund managed by the board and established pursuant to subsection (a), section eight of this article;~~
~~(4)~~ (3) "401(a) plan" means a plan which is described in Section 401(a) of the Internal Revenue Code of 1986, as amended, and with respect to which the board has been designated to hold assets of the plan in trust pursuant to the provisions of section nine-a of this article;

~~(5)~~ (4) "Local government funds" means the moneys of a political subdivision, including policemen's pension and relief funds, firemen's pension and relief funds and volunteer fire departments, transferred to the board for deposit;

~~(6)~~ (5) "Participant plan" means any plan or fund subject now or hereafter to subsection (a), section nine-a, article six of this chapter;

~~(7)~~ (6) "Political subdivision" means and includes a county, municipality or any agency, authority, board, county board of education, commission or instrumentality of a county or municipality and regional councils created pursuant to the provisions of section five, article twenty-five, chapter eight of this code;

~~(8)~~ (7) "Trustee" means any member serving on the West Virginia Investment Management Board: Provided, That in section nine-a of this article in which the terms of the trusts are set forth, "trustee" means the West Virginia Investment Management Board;

~~(9)~~ (8) "Securities" means all bonds, notes, debentures or other evidences of indebtedness and other lawful investment instruments; and

~~(10)~~ (9) "State funds" means all moneys of the state which may be lawfully invested except the "school fund" established by section four, article XII of the Constitution of West Virginia.

§12-6-3. West Virginia Investment Management Board continued; body corporate; trust fund board; trustees; nomination and appointment of trustees, qualifications and terms of appointment, advice and consent; annual and other meetings; designation of representatives and committees; board meetings with committees regarding investment policy statement required; open meetings, qualifications.

(a) There is hereby continued the West Virginia Investment Management Board. The board is created as a governmental public body corporate and spending unit of the state established to provide prudent fiscal administration, investment and management for the funds of the participant plans and any other funds managed by the board.

(b) The board shall be governed by a board of trustees, consisting of thirteen members: Provided, That beginning with the reenactment of this section in the year two thousand six, the board shall continue to be governed by a board of trustees, which shall by attrition, transition to consist of nine members.

(1) Nominations made to the West Virginia trust fund board and the West Virginia board of investments shall remain in effect and are hereby specifically reauthorized and those members shall be members of the investment management board and shall serve out the remainder of their respective terms subject to the advice and consent of the Senate: ~~Provided, That prior appointments which have been confirmed by the Senate are hereby specifically reauthorized without further action of the Senate.~~ Members of the board upon reenactment of this section in the year two thousand six shall remain in place and shall serve out the remainder of their respective terms: Provided, That prior appointments which have been confirmed by the Senate are hereby specifically reauthorized for the duration of the confirmed term without further action of the Senate.

(2) Any appointment is effective immediately upon appointment by the Governor with respect to voting, constituting a quorum, receiving compensation and expenses and all other rights and privileges of the trustee position. All appointees shall have experience in pension management, institutional management or financial markets ~~and one~~. One trustee shall be an attorney experienced in finance and investment matters; ~~and~~ one ~~trustee~~ shall be a certified public accountant; one shall possess a doctorate of philosophy in economics; one shall possess a doctorate of philosophy in finance; one shall possess the designation of "Chartered Financial Analyst", "Chartered Investment Counselor", "Certified Fund Specialist" or "Chartered Market Technician"; and one shall represent participants of the state retirement plans: Provided, That appointments following the reenactment of this section in the year two thousand six shall be made from among any specific professional, educational, representative requirements not represented on the board.

(3) The Governor, the State Auditor and the State Treasurer or their designees shall serve as members of the board. They shall serve by virtue of their office and are not entitled to compensation under the provisions of this article. The Governor, the Auditor and the Treasurer or their designees are subject to all duties, responsibilities and requirements of the provisions of this article, including, but not limited to, the provisions of subsections (e) and (f), section four of this article.

(c) At the end of each trustee's term, the Governor may reappoint or appoint a successor who shall serve for a term ending on the thirty-first day of January in the sixth year following the year of his or her appointment: ~~Provided,~~ That for all terms ending in the year two thousand one, two appointments shall be for two-year terms; two appointments shall be for three-year terms; one shall be for a four-year term; and two shall be for six-year terms. As member terms expire the Governor may appoint or reappoint one member for each two that expire until the ultimate board membership of six appointed trustees is realized, at which time the Governor may appoint or reappoint one member for each one that expires. Except for vacancy appointments made pursuant to subsection (d) of this section, all ~~subsequent~~ appointments shall be for terms ending on the thirty-first day of January in the sixth year following the year of appointment. No more than ~~six~~ four of the ~~ten~~ six appointed trustees may belong to the same political party. Two of the appointed six members shall be appointed from each of the state's congressional districts.

(d) ~~In the event of a vacancy among the trustees, an appointment shall be made by the Governor to fill the unexpired term.~~ If any member is unable to serve out the remainder of his or her term, no replacement shall be appointed until a vacancy reduces appointed membership to five appointed members at which time the Governor shall appoint a replacement to fill each unexpired term.

(e) The Governor may remove any trustee, other than trustees who serve by virtue of their elective office, in case of gross negligence or misfeasance and may declare that position vacant and may appoint a person for the vacancy as provided in subsection (d) of this section.

(f) Each trustee, other than those enumerated in subsection (b), subdivision (3) of this section, is entitled to receive and, at the trustee's option, the board shall pay to the trustee compensation in the amount of five thousand dollars per year and additional compensation in the amount of five hundred dollars per meeting attended by the trustee in excess of the four quarterly meetings required by this section. In addition, all trustees shall receive reasonable and necessary expenses actually incurred in discharging trustee duties pursuant to this article.

(g) The board shall meet quarterly and may include in its bylaws procedures for the calling and holding of additional meetings. For any quarterly or additional meeting in which the board shall review or modify its securities list or its investment objectives pursuant to subsection (f), section twelve of this article, the board shall give ten days' notice in writing to the designated representative of each participant plan selected pursuant to subdivision (1), subsection (i) of this section and the meeting shall be open to the members and beneficiaries of the participant plans for that portion of the meeting in which the board undertakes the review or modification.

(h) The board shall hold an annual meeting before the start of the fiscal year. The annual meeting may also serve as a quarterly meeting. The annual meeting shall be open to the public and the board shall receive oral and written comments from representatives, members and beneficiaries of the participant plans and from other citizens of the state. At the annual meeting, the board shall adopt a fee schedule and a budget reflecting fee structures for the year.

(i) Pursuant to subsection (j) of this section, the board shall meet with committees representing the participant plans to discuss the board's drafting, reviewing or modifying the written investment policy of the trust with respect to that committee's participant plan pursuant to section twelve of this article. Representatives and committees shall be designated as follows:

(1) The West Virginia Consolidated Public Retirement Board shall promulgate procedural rules by which each 401(a) plan for which the board is trustee, shall designate an individual representative of each 401(a) plan and the West Virginia Workers' Compensation Commission shall promulgate procedural rules by which the Pneumoconiosis Fund and the Workers' Compensation Fund shall designate an individual representative of each fund.

(2) On or before the first day of June of each year, the Consolidated Public Retirement Board shall submit in writing to the board the names of the six designated representatives of the 401(a) plans and the Workers' Compensation Commission shall submit the names of the two representatives.

(3) Each designated representative shall provide to the board his or her current address, updated each year on or before the first day of July, to which address the board shall provide notice of meetings of the board pursuant to subsection (g) of this section.

(4) Each designated representative shall submit in writing to the board on or before the first day of July of each year the names of no more than three persons comprising a committee representing the beneficiaries of that representative's participant plan.

(j) At its annual meeting, the board shall meet with each of the seven committees, formed pursuant to subdivision (1), subsection (i) of this section, for the purpose of receiving input from the committees regarding the board's drafting, reviewing or modifying its written investment policy statement for investment of the funds of the participant plans. In developing the investment policy statement, the trustees shall receive each committee's stated objectives and policies regarding the risk tolerances and return expectations of each participant plan, with attention to the factors enumerated in section twelve of this article, in order to provide for the continuing financial security of the trusts and the participant plans. The board may meet with the committees or any of them at its quarterly and additional meetings for the same purpose.

(k) Each January the board shall hold a joint meeting with the Consolidated Public Retirement Board to comprehensively review portfolio holdings and asset allocations, investment performance, portfolio risk and risk tolerance, investment policy and strategy, stability, turnover, liquidity, the board's budget and administrative expenses, investment management fees, plan actuarial valuations, plan discount rates and matters arising from the investment oversight activities of the board. The meeting shall be jointly organized by the staffs of both boards and chaired by the Governor. The meeting shall be open to the public.

~~(k)~~ (l) All meetings of the board shall be open to the representatives of the participant plans as appointed pursuant to subdivision (1), subsection (i) of this section. The representatives are subject to any rules, bylaws, guidelines, requirements and standards promulgated by the board. The representatives shall observe standards of decorum established by the board. The representatives are subject to the same code of conduct applicable to the trustees and are subject to all board rules and bylaws. The representatives are also subject to any requirements of confidentiality applicable to the trustees. Each representative is liable for any act which he or she undertakes which violates any rule, bylaw or statute governing ethical standards, confidentiality or other standard of conduct imposed upon the trustees or the representatives. Any meeting of the board may be closed, upon adoption of a motion by any trustee, when necessary to preserve the attorney-client privilege, to protect the privacy interests of individuals, to review personnel matters or to maintain confidentiality when confidentiality is in the best interest of the beneficiaries of the trusts.

(m) The board shall accommodate the reasonable needs and requirements of the Consolidated Public Retirement Board in the fulfillment of its responsibilities under section eight, article ten-d, chapter five of this code.

§12-6-4. Management and control of fund; officers; staff; fiduciary or surety bonds for trustees; liability of trustees.

(a) The management and control of the board shall be vested solely in the trustees in accordance with the provisions of this article.

(b) The Governor shall be the chairman of the board and the trustees shall elect a vice chairman who may not be a constitutional officer or his or her designee to serve for a term of two years. Effective with any vacancy in the vice chairmanship, the board shall elect a vice chairman to a new two-year term. The vice chairman shall preside at all meetings in the absence of the chairman. Annually, the trustees shall elect a secretary, who need not be a member of the board, to keep a record of the proceedings of the board.

(c) The trustees shall appoint a chief executive officer of the board and shall fix his or her duties and compensation. The chief executive officer shall have five years' experience in investment management with public or private funds within the ten years next preceding the date of appointment. The chief executive officer additionally shall have academic degrees, professional designations and other investment management or investment oversight or institutional investment experience in a combination the trustees consider necessary to carry out the responsibilities of the chief executive officer position as defined by the trustees.

(d) The trustees shall retain an internal auditor to report directly to the trustees and shall fix his or her compensation. The internal auditor shall be a certified public accountant with at least three years' experience as an auditor. The internal auditor shall develop an internal audit plan, with board approval, for the testing of procedures and the security of transactions.

(e) Each trustee shall give a separate fiduciary or surety bond from a surety company qualified to do business within this state in a penalty amount of one million dollars for the faithful performance of his or her duties as a trustee. The board shall purchase a blanket bond for the faithful performance of its duties in the amount of fifty million dollars or in an amount equivalent to one percent of the assets under management, whichever is greater. The amount of the blanket bond is in addition to the one million dollar individual bond required of each trustee by the provisions of this section. The board may require a fiduciary or surety bond from a surety company qualified to do business in this state for any person who has charge of, or access to, any securities, funds or other moneys held by the board and the amount of the fiduciary or surety bond shall be fixed by the board. The premiums payable on all fiduciary or surety bonds shall be an expense of the board.

(f) The trustees and employees of the board are not liable personally, either jointly or severally, for any debt or obligation created by the board: Provided, That the trustees and employees of the board are liable for acts of misfeasance or gross negligence.

(g) The board is exempt from the provisions of ~~sections~~ section seven ~~and eleven~~, article three of this chapter ~~and article three, chapter five-a of said code:~~ ~~Provided~~, That the trustees and employees of the board are subject to purchasing policies and procedures which shall be promulgated by the board. The purchasing policies and procedures may be promulgated as emergency rules pursuant to section fifteen, article three, chapter twenty-nine-a of this code. The board's purchase of investments and legal, accounting, financial and investment advisor and consulting services shall be exempt from the provisions of article three, chapter five-a of this code.

(h) Any employee of the West Virginia Trust Fund who previously was an employee of another state agency may return to the public ~~employees~~ retirement system pursuant to section eighteen, article ten, chapter five of this code and may elect to either: (1) Transfer to the Public Employees Retirement System his or her employee contributions, with accrued interest and, if vested, his or her employer contributions, with accrued interest and retain as credited state service all time served as an employee of the West Virginia Trust Fund; or (2) retain all employee contributions with accrued interest and, if vested, his or her employer contributions with interest and forfeit all service credit for the time served as an employee of the West Virginia Trust Fund.
§12-6-5. Powers of the board.

The board may exercise all powers necessary or appropriate to carry out and effectuate its corporate purposes. The board may:

(1) Adopt and use a common seal and alter it at pleasure;

(2) Sue and be sued;

(3) Enter into contracts and execute and deliver instruments;

(4) Acquire (by purchase, gift or otherwise), hold, use and dispose of real and personal property, deeds, mortgages and other instruments;

(5) Promulgate and enforce bylaws and rules for the management and conduct of its affairs;

(6) Notwithstanding any other provision of law, retain and employ legal, accounting, financial and investment advisors and consultants;

(7) Acquire (by purchase, gift or otherwise), hold, exchange, pledge, lend and sell or otherwise dispose of securities and invest funds in interest earning deposits and in any other lawful investments;

(8) Maintain accounts with banks, securities dealers and financial institutions both within and outside this state;

(9) Engage in financial transactions whereby securities are purchased by the board under an agreement providing for the resale of the securities to the original seller at a stated price;

(10) Engage in financial transactions whereby securities held by the board are sold under an agreement providing for the repurchase of the securities by the board at a stated price;

(11) Consolidate and manage moneys, securities and other assets of the other funds and accounts of the state and the moneys of political subdivisions which may be made available to it under the provisions of this article;

(12) Enter into agreements with political subdivisions of the state whereby moneys of the political subdivisions are invested on their behalf by the board;

(13) Charge and collect administrative fees from political subdivisions for its services;

(14) Exercise all powers generally granted to and exercised by the holders of investment securities with respect to management of the investment securities;

(15) Contract with one or more banking institutions in or outside the state for the custody, safekeeping and management of securities held by the board;

(16) Make and, from time to time, amend and repeal bylaws, rules and procedures ~~not inconsistent~~ consistent with the provisions of this article;

(17) Hire its own employees, consultants, managers and advisors as it considers necessary and fix their compensation and prescribe their duties;

(18) Develop, implement and maintain its own banking accounts and investments;

(19) Do all things necessary to implement and operate the board and carry out the intent of this article;

(20) Upon request of the State Treasurer, transmit funds for deposit in the State Treasury to meet the daily obligations of state government;

(21) Establish one or more investment funds for the purpose of investing the funds for which it is trustee, custodian or otherwise authorized to invest pursuant to this article. Interests in each fund shall be designated as units and the board shall adopt industry standard accounting procedures to determine each fund's unit value. The securities in each investment fund are the property of the board and each fund shall be considered an investment pool or fund and may not be considered a trust nor may the securities of the various investment funds be considered held in trust. However, units in an investment fund established by or sold by the board and the proceeds from the sale or redemption of any unit may be held by the board in its role as trustee of the participant plans; and

(22) Notwithstanding any other provision of the code to the contrary, conduct investment transactions, including purchases, sales, redemptions and income collections, which shall not be treated by the State Auditor as recordable transactions on the state's accounting system.
§12-6-9c. Authorization of additional investments.

Notwithstanding the restrictions which may otherwise be provided by law with respect to the investment of funds, ~~the board,~~ all administrators, custodians or trustees of pension funds other than the board, each political subdivision of this state and each county board of education is authorized to invest funds in the securities of or any other interest in any investment company or investment trust registered under the Investment Company Act of 1940, 15 U. S. C. §80a, the portfolio of which is limited: (i) To obligations issued by or guaranteed as to the payment of both principal and interest by the United States of America or its agencies or instrumentalities; and (ii) to repurchase agreements fully collateralized by obligations of the United States government or its agencies or instrumentalities: Provided, That the investment company or investment trust takes delivery of the collateral either directly or through an authorized custodian: Provided, however, That the investment company or investment trust is rated within one of the top two rating categories of any nationally recognized rating service such as Moody's or Standard & Poor's.
§12-6-12. Investment restrictions.

(a) The board shall hold in nonreal estate equity investments no more than sixty percent of the assets managed by the board and no more than sixty percent of the assets of any individual participant plan ~~or the consolidated fund~~.

(b) The board shall hold in real estate equity investments no more than twenty-five percent of the assets managed by the board and no more than twenty-five percent of the assets of any individual participant plan: Provided, That any such investment be only made upon the recommendation by a professional, third-party fiduciary investment adviser registered with the Securities and Exchange Commission under the Investment Advisors Act of 1940, as amended; the approval of the board; and the execution by a third- party investment manager: Provided, however, That the board's ownership interest in any fund is less than forty percent of the fund's assets at the time of purchase: Provided further, other public sector entities; educational institutions and their endowments and foundations collectively invest in the fund in an amount equal to or greater than fifty percent of the board's contemplated total investment in the fund, at the time of acquisition: And provided further, That the requirements of subsection (e), section four of this article are fully maintained. For the purposes of this subsection, "fund" means a real estate investment trust traded on a major exchange of the United States of America or other collection of related or unrelated investments, at least three of which are unrelated and the largest of which is not greater than forty percent of the fund's composition, at the time of purchase.

~~(b)~~ (c) The board shall hold in international securities no more than twenty percent of the assets managed by the board and no more than twenty percent of the assets of any individual participant plan ~~or the consolidated fund~~. International security shall be defined as a security, the trading of which occurs neither, in whole or in part, in United States dollars or a fund or collection of equity securities marketed or designated as providing "international", "global", "foreign", "world" or comparable exposure.

~~(c)~~ (d) The board may not at the time of purchase hold more than five percent of the assets managed by the board in the nonreal estate equity securities of any single company or association: Provided, That if a company or association has a market weighting of greater than five percent in the Standard & Poor's 500 index of companies, the board may hold securities of that nonreal estate equity equal to its market weighting.

~~(d) The board shall at all times limit its asset allocation and types of securities to the following:~~
(1) The board may not hold more than twenty percent of the aggregate participant plan assets in commercial paper. Any commercial paper at the time of its acquisition shall be in one of the two highest rating categories by an agency nationally known for rating commercial paper;
~~(2)~~ (e) (1) At no time shall the board hold more than seventy-five percent of the assets managed by the board in corporate debt. ~~Any corporate debt security at the time of its acquisition shall be rated in one of the six highest rating categories by a nationally recognized rating agency; and~~
~~(3)~~ (2) No security may be purchased by the board unless the type of security is on a list approved by the board. The board may modify the securities list at any time and shall give notice of that action pursuant to subsection (g), section three of this article and shall review the list at its annual meeting.

~~(e)~~ (f) Notwithstanding the investment limitations set forth in this section, it is recognized that the assets managed by the board, or the assets of the ~~consolidated fund or~~ participant plans, whether considered in the aggregate or individually, may temporarily exceed the investment limitations in this section due to market appreciation, depreciation and rebalancing limitations. Accordingly, the limitations on investments set forth in this section shall not be considered to have been violated if the board rebalances the assets it manages or the assets of ~~the consolidated fund or~~ participant plans, whichever is applicable, to comply with the limitations set forth in this section at least once every ~~six~~ twelve months based upon the latest available market information and any other reliable market data that the board considers advisable to take into consideration except for those assets authorized by subsection (h) of this section for which compliance with the percentage limitations shall be measured at such time as the investment is funded.

~~(f)~~ (g) The board, at the annual meeting provided for in subsection (g), section three of this article, shall review, establish and modify, if necessary, the investment objectives of the individual participant plans as incorporated in the investment policy statements of the respective trusts so as to provide for the financial security of the trust funds giving consideration to the following:

(1) Preservation of capital;

(2) Diversification;

(3) Risk tolerance;

(4) Rate of return;

(5) Stability;

(6) Turnover;

(7) Liquidity; and

(8) Reasonable cost of fees.

(h) In addition to any and all other investment authority granted to the board by this article, the board is expressly authorized to invest no more than ten percent of the assets managed by the board, and no more than ten percent of the assets of any individual participant plan, or any other endowment or other fund managed by the board, as measured at the time of the investment, in any one or more classes, styles or strategies of alternative investments suitable and appropriate for investment by the board: Provided, That the requirements of subsection (e), section four of this article are fully maintained. A suitable and appropriate alternative investment is a private equity fund such as a venture capital, private real estate or buy-out fund; commodities fund; distressed debt fund; mezzanine debt fund; fixed income arbitrage fund; put or call on an individual security purchased for the purpose of hedging an authorized investment position; or fund consisting of any combination of private equity, distressed or mezzanine debt, fixed income arbitrage investments, private real estate, commodities and other types and categories of investment permitted under this article as well as puts and calls intended to hedge the fund's investments: Provided, That any such investment be only made upon the recommendation by a professional, third-party fiduciary investment adviser registered with the Securities and Exchange Commission under the Investment Advisors Act of 1940, as amended; the approval of the board; and the execution by a third- party investment manager: Provided however, That the board's ownership interest in any fund is less than forty percent of the fund's assets at the time of purchase: Provided further, That other public sector entities; educational institutions; and educational institutions, their endowments and foundations collectively invest in the fund in an amount equal to or greater than fifty percent of the board's contemplated total investment in the fund, at the time of acquisition. For the purposes of this subsection, "fund" means a collection of related or unrelated investments, at least three of which are unrelated and the largest of which is not greater than forty percent of the fund's composition, at the time of purchase. To facilitate access to markets, control, manage or diversify portfolio risk, or enhance performance or efficiency in connection with investments in alternative investments and all other types and categories of investment permitted under this article, the board may enter into commercially customary and prudent market transactions consistent with the laws of the state: And provided further, That neither the purpose nor the effect of such transactions may materially increase market risk or market exposure of the total portfolio of investments under management by the board. The investments described in this subsection are subject to the requirements, limitations and restrictions set forth in this subsection, and the standard of care set forth in section eleven of this article, but are not subject to any other limitations or restrictions set forth elsewhere in this article or code. The authority to acquire alternative investments under this subsection shall expire the first day of July, two thousand nine.;

And,

On pages one and two, by striking out the title and substituting therefor a new title, to read as follows:

Eng. Senate Bill No. 361--A Bill to amend and reenact §5-10D- 1, §5-10D-2 and §5-10D-3 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §5-10D-8; and to amend and reenact §12-6-1a, §12-6-2, §12-6-3, §12-6-4, §12-6-5, §12-6-9c and §12-6-12 of said code, all relating to the West Virginia Investment Management Board generally; prescribing responsibilities for oversight of the Investment Management Board by the Consolidated Public Retirement Board; establishing the Secretary of the Department of Administration as chairman of the Consolidated Public Retirement Board; requiring annual joint public meetings of the Investment Management Board and the Consolidated Public Retirement Board chaired by the Governor; providing that the Investment Management Board is a public governmental entity; reducing membership of the board; specifying additional requirements for membership on the board; removing certain exemptions from travel and purchasing rules; providing certain exemptions from state purchasing requirements; removing certain requirements regarding investments in the securities of any interest in any investment company or investment trust under the Investment Company Act of 1940; excluding real estate equity investments from the limitation on the percentage of investments that may be made in equities; providing a limitation on the percentage of investments that may be made in real estate equities; providing requirements for investment in real estate equities; defining "international securities"; eliminating certain restrictions on the purchase of securities in commercial paper and corporate debt; and authorizing the board to enter into alternative investments and providing requirements for those investments.

On motion of Senator McCabe, the following amendments to the House of Delegates amendments to the bill (Eng. S. B. No. 361) were reported by the Clerk, considered simultaneously, and adopted:

On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE
GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL;
BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES,
COMMISSIONS, OFFICES, PROGRAMS, ETC.
ARTICLE 10D. CONSOLIDATED PUBLIC RETIREMENT BOARD.

§5-10D-2. Chairman and vice chairman; executive director; employees; legal advisor; actuary.

(a) The Secretary of the Department of Administration shall serve as the board's chairman. The board shall elect from its own number a ~~chairman and~~ vice chairman.

(b) Each January the board shall hold a joint meeting with the Investment Management Board to comprehensively review portfolio holdings and asset allocations, investment performance, portfolio risk and risk tolerance, investment policy and strategy, stability, turnover, liquidity, Investment Management Board's budget and administrative expenses, investment management fees, plan actuarial valuations, plan discount rates and matters arising from the investment oversight activities of the board. The meeting shall be jointly organized by the staffs of both boards and chaired by the Governor. The meeting shall be open to the public. Following the joint meeting, the Investment Management Board shall file an annual report with the Joint Committee on Government and Finance summarizing investment performance, the investment outlook and any recommendations, observations, concerns or other feedback it may have regarding investment performance, policies, laws, practices and matters relating to assets under its supervision.

As used in this article, unless a different meaning clearly appears from the context:

(1) "Beneficiaries" means those individuals entitled to benefits from the participant plans;

~~(6)~~ (5) "Participant plan" means any plan or fund subject now or hereafter to subsection (a), section nine-a of this article;

~~(9)~~ (8) "Securities" means all bonds, notes, debentures or other evidences of indebtedness and other lawful investment instruments; and

~~(10)~~ (9) "State funds" means all moneys of the state which may be lawfully invested except the "school fund" established by section four, article XII of the Constitution of West Virginia.
§12-6-5. Powers of the board.