SDJ-2ND DAY 2ES

WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
SECOND EXTRAORDINARY SESSION, 2007
SECOND DAY
____________

Charleston, W. Va., Monday, August 20, 2007

The Senate met at 6 p.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 Sunday, August 19, 2007,
On motion of Senator Sharpe, the Journal was approved and the further reading thereof dispensed with.
The Senate 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
Senate Bill No. 2001, Exempting certain Parkways Authority Commuter Card toll expenses from personal income tax.
Now on second reading, having been read a first time and referred to the Committee on Finance on August 19, 2007;
Senate Bill No. 2009, Supplemental appropriation to Department of Military Affairs and Public Safety, Fire Commission, and Board of Pharmacy.
Now on second reading, having been read a first time and referred to the Committee on Finance on August 19, 2007;
Senate Bill No. 2011, Expiring funds related to Public Service Commission.
Now on second reading, having been read a first time and referred to the Committee on Finance on August 19, 2007;
Senate Bill No. 2012, Supplemental appropriation to Department of Commerce, Department of Revenue and Public Service Commission.
Now on second reading, having been read a first time and referred to the Committee on Finance on August 19, 2007;
Senate Bill No. 2013, Expiring funds related to School Building Authority.
Now on second reading, having been read a first time and referred to the Committee on Finance on August 19, 2007;
Senate Bill No. 2014, Supplemental appropriation to Department of Health and Human Resources, Department of Revenue and Bureau of Senior Services.
Now on second reading, having been read a first time and referred to the Committee on Finance on August 19, 2007;
And,
Senate Bill No. 2015, Supplementing, amending and increasing appropriations from State Road Fund.
Now on second reading, having been read a first time and referred to the Committee on Finance on August 19, 2007;
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Chafin, unanimous consent being granted, Senate Bill No. 2001 contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Stollings, Sypolt, Unger, White and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Wells and Yoder--2.
Engrossed Senate Bill No. 2001 was then read a third time and
put upon its passage.
Pending discussion,
The question being "Shall Engrossed Senate Bill No. 2001 pass?"
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Stollings, Sypolt, Unger, White and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Wells and Yoder--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 2001) 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, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Stollings, Sypolt, Unger, White and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Wells and Yoder--2.
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. 2001) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Thereafter, at the request of Senator Barnes, and by unanimous consent, the remarks by Senator Caruth regarding the passage of Engrossed Senate Bill No. 2001 were ordered printed in the Appendix to the Journal.
At the request of Senator Chafin, unanimous consent being granted, Senate Bill No. 2009 contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Stollings, Sypolt, Unger, White and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Wells and Yoder--2.
Engrossed Senate Bill No. 2009 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Stollings, Sypolt, Unger, White and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Wells and Yoder--2.
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. 2009) 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, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Stollings, Sypolt, Unger, White and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Wells and Yoder--2.
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. 2009) takes effect from passage.
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 Bill No. 2011 contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Stollings, Sypolt, Unger, White and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Wells and Yoder--2.
Engrossed Senate Bill No. 2011 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Stollings, Sypolt, Unger, White and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Wells and Yoder--2.
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. 2011) 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, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Stollings, Sypolt, Unger, White and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Wells and Yoder--2.
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. 2011) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
At the request of Senator Helmick, unanimous consent being granted, Senate Bill No. 2012 contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a second time and ordered to engrossment and third reading.
At the request of Senator Chafin, unanimous consent being granted, Senate Bill No. 2013 contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Stollings, Sypolt, Unger, White and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Wells and Yoder--2.
Engrossed Senate Bill No. 2013 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Stollings, Sypolt, Unger, White and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Wells and Yoder--2.
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. 2013) 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, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Stollings, Sypolt, Unger, White and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Wells and Yoder--2.
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. 2013) takes effect from passage.
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 Bill Nos. 2014 and 2015 contained in the preceding report from the Committee on Finance were each taken up for immediate consideration, read a second time and ordered to engrossment and third reading.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 2002, Relating to receipt and transfer of scrap metal .
And has amended same.
Now on second reading, having been read a first time and referred to the Committee on the Judiciary on August 19, 2007; Senate Bill No. 2003, Creating Address Confidentiality Program .
And has amended same.
Now on second reading, having been read a first time and referred to the Committee on the Judiciary on August 19, 2007;
And,
Senate Bill No. 2004, Relating to electronic interception of conduct or oral communications by law enforcement .
And has amended same.
Now on second reading, having been read a first time and referred to the Committee on the Judiciary on August 19, 2007;
And reports the same back with the recommendation that they
each do pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, Senate Bill No. 2002 contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration and read a second time.
The following amendments to the bill, from the Committee on the Judiciary, were reported by the Clerk, considered simultaneously, and adopted:
On page seven, section forty-nine, lines four through nineteen, by striking out all of subsection (f) in its entirety and inserting in lieu thereof a new subsection (f), to read as follows:
(f) Using the form authorized under subsection (e) above, or his or her own form, a purchaser of scrap metal shall retain the records required by this section at his or her place of business for not less than three years after the date of the purchase. Upon completion of a purchase, the records required to be retained at a purchaser's place of business shall be available for inspection by any law-enforcement officer or, upon written request and during the purchaser's regular business hours, by any investigator employed by a public utility or railroad to investigate the theft of public utility or railroad property: Provided, That in lieu of the purchaser keeping the records at their place of business, the purchaser shall file the records with the local detachment of the State Police and with the chief of police of the municipality or the sheriff of the county wherein he or she is transacting business within seventy-two hours of completion of the purchase. The records shall be retained by the State Police and the chief of police of the municipality or the sheriff for a period of not less than three years.;
On page eight, section forty-nine, line twenty, by striking out the word "circuit";
And,
On page nine, section forty-nine, line two, by striking out the word "circuit".
The bill (S. B. No. 2002), as amended, was then ordered to engrossment and third reading.
At the request of Senator Kessler, unanimous consent being granted, Senate Bill No. 2003 contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration and read a second time.
The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
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 article, designated §48-28-101, §48-28-102, §48-28-103, §48-28-104, §48-28-105, §48-28-106, §48-28-107, §48-28- 108, §48-28-109 and §48-28-110, all to read as follows:
ARTICLE 28. ADDRESS CONFIDENTIALITY PROGRAM.
§48-28-101. Purpose.
The Legislature finds that persons attempting to escape from actual or threatened domestic violence, sexual assault or stalking frequently find it necessary to establish a new address in order to prevent their assailants or probable assailants from finding them. The purpose of this article is to enable state and local agencies to respond to requests for public records without disclosing the location of a victim of domestic abuse, sexual assault or stalking; to enable interagency cooperation with the Secretary of State in providing address confidentiality for victims of domestic abuse, sexual assault or stalking; and to enable state and local agencies to accept an address designated by the Secretary of State by a program participant as a substitute for a residential or mailing address.
§48-28-102. Definitions.
As used in this article, unless the context otherwise indicates, the following terms have the following meanings:
(1) "Application assistant" means an employee of a state or local agency, or of a nonprofit program that provides counseling, referral, shelter or other specialized service to victims of domestic abuse, rape, sexual assault or stalking, and who has been designated by the respective agency or nonprofit program, and trained, accepted and registered by the Secretary of State to assist individuals in the completion of program participation applications.
(2) "Designated address" means the address assigned to a program participant by the Secretary of State pursuant to section one hundred three of this article.
(3) "Mailing address" means an address that is recognized for delivery by the United States Postal Service.
(4) "Program" means the Address Confidentiality Program established by this article.
(5) "Program participant" means a person certified by the Secretary of State to participate in the program.
(6) "Residential address" means a residential street, school or work address of an individual, as specified on the individual's application to be a program participant under this article.
§48-28-103. Address Confidentiality Program.
(a) On or after the effective date of the enactment of this article, the Secretary of State shall create an Address Confidentiality Program to be staffed by full-time employees who have been subjected to a criminal history records search.
(b) Upon recommendation of an application assistant, an adult person, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person may apply to the Secretary of State to have a designated address assigned by the Secretary of State.
(c) The Secretary of State may approve an application only if it is filed with the office of the Secretary of State in the manner established by rule and on a form prescribed by the Secretary of State. A completed application must contain the following information:
(1) The application preparation date, the applicant's signature and the signature and registration number of the application assistant who assisted the applicant in applying to be a program participant;
(2) A designation of the Secretary of State as agent for purposes of service of process and for receipt of certain first- class mail;
(3) The mailing address where the applicant may be contacted by the Secretary of State or a designee and the telephone number or numbers where the applicant may be contacted by the Secretary of State or the Secretary of State's designee; and
(4) A residential or mailing address or both types of addresses that the applicant requests not be disclosed for the reason that disclosure will jeopardize the applicant's safety or increase the risk of violence to the applicant or members of the applicant's household.
(d) Upon receipt of a properly completed application, the Secretary of State may certify the applicant as a program participant. A program participant is certified for a period of four years following the date of initial certification unless the certification is withdrawn or invalidated before that date. The Secretary of State shall send notification of a lapsing certification and a reapplication form to a program participant at least four weeks prior to the expiration of the program participant's certification.
(e) The Secretary of State shall forward to the program participant first-class mail received at the program participant's designated address.
(f) (1) An applicant may not file an application knowing that it:
(A) Contains false or incorrect information; or
(B) Falsely claims that disclosure of either the applicant's residential or mailing address or both types of addresses threatens the safety of the applicant or the applicant's children or the minor or incapacitated person on whose behalf the application is made.
(2) An application assistant may not assist or participate in the filing of an application that the application assistant knows:
(A) Contains false or incorrect information; or
(B) Falsely claims that disclosure of either the applicant's residential or mailing address or both types of addresses threatens the safety of the applicant or the applicant's children or the minor or incapacitated person on whose behalf the application is made.
(g) A person who violates the provisions of subsection (f) of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for a period of not more than one year.
§48-28 -104. Cancellation.
Certification for the program may be canceled if one or more of the following conditions apply:
(1) If the program participant obtains a name change, unless the program participant provides the Secretary of State with documentation of a legal name change within ten business days of the name change;
(2) If there is a change in the residential address of the program participant from the one listed on the application, unless the program participant provides the Secretary of State with notice of the change in a manner prescribed by the Secretary of State; or
(3) The applicant or program participant violates subsection (f), section one hundred three of this article.
§48-28 -105. Use of designated address.
(a) Upon demonstration of a program participant's certification in the program, state and local agencies and the courts of this state shall accept the designated address as a program participant's address for the purposes of creating a new public record unless the Secretary of State has determined that:
(1) The agency or court has a bona fide statutory or administrative requirement for the use of the program participant's residential or mailing address, such that the agency or court is unable to fulfill its statutory duties and obligations without the program participant's residential or mailing address; and
(2) The program participant's residential or mailing address will be used only for those statutory and administrative purposes, and shall be kept confidential, subject to the confidentiality provisions of section one hundred eight of this article.
(b) Notwithstanding the provisions of subsection (a) of this section and upon the request of the Secretary of State, the Division of Motor Vehicles shall use the designated address for the purposes of issuing a driver's license or identification card: Provided, That the division of motor vehicles shall not be prohibited from collecting and retaining a program participant's residential or mailing address or both addresses to be used only for statutory and administrative purposes. Any residential or mailing address of a program participant collected and retained pursuant to this subsection shall be kept confidential, subject to the provisions of section one hundred eight of this article.
(c) A designated address may be a post office box and may be used by a participant for voter registration purposes, as long as the Secretary of State has on file for the participant a residential and mailing address, as provided in section one hundred three of this article.
§48-28 -106. Disclosure to law-enforcement and state agencies.
(a) The Secretary of State may make a program participant's residential or mailing address available for inspection or copying, under the following circumstances:
(1) Upon request of a law-enforcement agency in the manner provided for by rule; or
(2) Upon request of the head of a state agency or designee in the manner provided for by rule and upon a showing of a bona fide statutory or administrative requirement for the use of the program participant's residential or mailing address, such that the agency head or designee is unable to fulfill statutory duties and obligations without the program participant's residential or mailing address.

§48-28 -107. Disclosure pursuant to court order or canceled certification.

(a) The Secretary of State shall make a program participant's residential or mailing address or both addresses available for inspection or copying to a person identified in a court order, upon receipt of a certified court order that specifically requires the disclosure of a particular program participant's residential or mailing address or both addresses and the reasons for the disclosure; or
(b) The Secretary of State may make a program participant's residential or mailing address or both addresses available for inspection or copying if the program applicant or participant's certification has been canceled because the applicant or program participant has violated subsection (f), section one hundred three of this article.
§48-28 -108. Confidentiality.
A program participant's application and supporting materials are not a public record and shall be kept confidential by the Secretary of State. Any employee of any agency or court who willfully breaches the confidentiality of these records or willfully discloses the name, residential or mailing address or both addresses of a program participant in violation of the provisions of this article, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than five hundred dollars nor more than one thousand dollars or confined in jail not more than one year, or both fined and confined.
§48-28 -109 . Secretary of State; liability.
This article creates no liability upon the Secretary of State for any transaction compromised by any illegal act or inappropriate uses associated with this article.
§48-28 - 110 . Rules.
The Secretary of State is hereby directed to propose legislative rules and emergency rules implementing the provisions of this article in accordance with the provisions of article three, chapter twenty-nine-a of this code.

The bill (S. B. No. 2003), as amended, was then ordered to engrossment and third reading.
At the request of Senator Kessler, unanimous consent being granted, Senate Bill No. 2004 contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration and read a second time.
Thereafter, at the request of Senator Kessler, and by unanimous consent, the bill was advanced to third reading with the unreported Judiciary committee amendments pending and the right reserved to consider other amendments to the bill on that reading.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 2005, Relating to higher education generally.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 2005 (originating in the Committee on Finance)--A Bill to amend and reenact §18B-1B-3 and §18B-1B-4 of the Code of West Virginia, 1931, as amended; to amend and reenact §18B-2A-1 of said code; to amend and reenact §18B-2B-5 of said code; to amend and reenact §18B-6-1 of said code; and to amend and reenact §18B-9-4 of said code, all relating to higher education generally; Higher Education Policy Commission; authorizing the Higher Education Policy Commission to convey real property; West Virginia Council for Community and Technical College Education; institutional boards of governors and institutional boards of advisors; providing for election of officers; terms of office; meetings; authorizing institutions to provide salary increases if funds are available for certain classified employees under certain circumstances; and deleting obsolete language.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Chafin, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 2005) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Stollings, Sypolt, Unger, White and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Wells and Yoder--2.
The bill was read a second time.
On motion of Senator Plymale, the following amendment to the bill was reported by the Clerk and adopted:
On pages sixteen and seventeen, section four, by striking out all of subdivision (38) and inserting in lieu thereof a new subdivision (38), to read as follows:
(38) Notwithstanding any other provision of this code to the contrary, sell, lease, convey or otherwise dispose of all or part of any real property which it may own, either by contract or at public auction, and to retain the proceeds of any such sale or lease: Provided, That:
(A) The commission may not sell, lease, convey or otherwise dispose of any real property without first:
(1) Providing notice to the public in the county in which the real property is located by a Class II legal advertisement pursuant to section two, article three, chapter fifty-nine of this code;
(2) Holding a public hearing on the issue in the county in which the real property is located; and
(3) Providing notice to the Joint Committee on Government and Finance; and
(B) Any proceeds from the sale, lease, conveyance or other disposal of real property that is used jointly by institutions or for statewide programs under the jurisdiction of the commission or the council shall be transferred to the General Revenue Fund of the state.
At the request of Senator Plymale, and by unanimous consent, the bill (Com. Sub. for S. B. No. 2005), as just amended, was advanced to third reading with the right for further amendments to be considered on that reading.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 2006, Relating to Tourism Promotion Fund.
And has amended same.
Now on second reading, having been read a first time and referred to the Committee on Finance on August 19, 2007;
And,
Senate Bill No. 2007, Relating to Bureau for Children and Families and Children's Trust Fund.
And has amended same.
Now on second reading, having been read a first time and referred to the Committee on Finance on August 19, 2007;
And reports the same back with the recommendation that they each do pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Chafin, unanimous consent being granted, Senate Bill No. 2006 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:
O n page three, section twelve, line fourteen, by striking out the word "emergency".
The bill (S. B. No. 2006), as amended, was then ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Stollings, Sypolt, Unger, White and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Wells and Yoder--2.
Engrossed Senate Bill No. 2006 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Stollings, Sypolt, Unger, White and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Wells and Yoder--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 2006) passed.
The following amendment to the title of the bill, from the Committee on Finance, was reported by the Clerk and adopted:
Eng. Senate Bill No. 2006--A Bill to amend and reenact §5B-2- 12 of the Code of West Virginia, 1931, as amended, relating to the Tourism Promotion Fund; clarifying the administration of the fund; including advertising on the internet within the definition of "direct advertising"; and authorizing rulemaking.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Stollings, Sypolt, Unger, White and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Wells and Yoder--2.
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. 2006) takes effect from passage.
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 Bill No. 2007 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:
By striking out everything after the enacting clause and inserting in lieu thereof the following:
That §5-26-1, §5-26-2, §5-26-2a, §5-26-2b, §5-26-3, §5-26-4, §5-26-5, §5-26-6 and §5-26-8 of the Code of West Virginia, 1931, as amended, be repealed; that §18-5-18d of said code be repealed; that §16-5K-2 and §16-5K-4 of said code be amended and reenacted; that §49-9-3 and §49-9-15 of said code be amended and reenacted; and that said code be amended by adding thereto a new article, designated §49-6C-1 and §49-6C-2, all to read as follows:
CHAPTER 16. PUBLIC HEALTH.

ARTICLE 5K. EARLY INTERVENTION SERVICES FOR CHILDREN WITH DEVELOPMENTAL DELAYS.

§16-5K-2. Definitions.
Unless the context clearly otherwise indicates, as used in this article:
(a) ~~"Cabinet" means the governor's cabinet on children and families.~~ "Bureau" means the Bureau for Children and Families within the Department of Health and Human Resources.
(b) "Council" means the Governor's Early Intervention Interagency Coordinating Council.
(c) "Department" means the Department of Health and Human Resources.
(d) "Early intervention services" means developmental services which:
(1) Are designed to meet the developmental needs of developmentally delayed infants and toddlers and the needs of the family related to enhancing the child's development;
(2) Are selected in collaboration with the parents;
(3) Are provided under public supervision in conformity with an individualized family service plan and at no cost to families;
(4) Meet the state's early intervention standards, as established by the Department of Health and Human Resources with the assistance of the Governor's Early Intervention Interagency Coordinating Council;
(5) Include assistive technology, audiology, audiology case management, family training, counseling and home visits, health services necessary to enable a child to benefit from other early intervention services, medical services only for diagnostic or evaluation purposes, nursing services, nutrition services, occupational therapy, physical therapy, psychological services, social work services, special instruction, speech-language pathology, vision and transportation; and
(6) Are provided by licensed or otherwise qualified personnel, including audiologists, family therapists, nurses, nutritionists, occupational therapists, orientation and mobility specialists, physical therapists, physicians, psychologists, social workers, special educators, speech-language pathologists and paraprofessionals appropriately trained and supervised.
(e) "Infants and toddlers with developmental delay" means children from birth to thirty-six months of age who need early intervention services for any of the following reasons:
(1) They are experiencing developmental delays, as measured by appropriate methods and procedures, in one or more of the following areas: Cognitive, physical, including visual and hearing, communicative, adaptive, social, language and speech, or psycho-social development or self-help skills; or
(2) They have a diagnosed physical or mental condition that has a high probability of resulting in developmental delay; or
(3) They are at risk of having substantial developmental delays if early intervention services are not provided.
§16-5K-4. Interagency coordinating council.
(a) The Governor's Early Intervention Interagency Coordinating Council is ~~hereby established~~ continued. The council is composed of at least fifteen members appointed by the Governor with additional ex officio members representing specific agencies serving infants and toddlers with developmental delays.
(b) The membership of the council shall consist of the following:
(1) At least three parents of children, ages birth through six years of age, who have developmental delays;
(2) At least three persons representative of the public or private service providers;
(3) At least one member of the House of Delegates recommended by the Speaker of the House of Delegates and one member of the Senate recommended by the Senate President;
(4) At least one person from higher education involved in training individuals to provide services under this article; and
(5) A representative of each of the agencies involved in the provision of or payment for early intervention services to infants and toddlers with developmental delays and their families.
(c) The council shall meet at least quarterly and in such place as it considers necessary.
(d) The council is responsible for the following functions:
(1) To advise and assist the Department of Health and Human Resources in the development and implementation of early intervention policies;
(2) To assist the department in achieving the full participation of all relevant state agencies and programs;
(3) To collaborate with the ~~Governor's cabinet on~~ Bureau for Children and Families in the coordination of early intervention services with other programs and services for children and families;
(4) To assist the department in the effective implementation of a statewide system of early intervention services;
(5) To assist the department in the resolution of disputes;
(6) To advise and assist the department in the preparation of grant applications; and
(7) To prepare and submit an annual report to the Governor, the Legislature and the United States Secretary of Education on the status of early intervention programs within the state.
CHAPTER 49. CHILD WELFARE.
ARTICLE 6C. CHILDREN'S TRUST FUND.
§49-6C-1. Continuation and transfer of control of trust fund.
(a) The Children's Fund, created for the sole purpose of awarding grants, loans and loan guarantees for child abuse and neglect prevention activities by enactment of chapter twenty-seven, Acts of the Legislature, one thousand nine hundred eighty-four, as last amended and reenacted by chapter one hundred fifty-nine, Acts of the Legislature, one thousand nine hundred ninety-nine, is hereby continued and renamed the West Virginia Children's Trust Fund: Provided, That upon the effective date of the enactment of this section during the second extraordinary session of the Legislature in two thousand seven, the fund shall be administered by the Commissioner of the Bureau for Children and Families. Gifts, bequests or donations for this purpose, in addition to appropriations to the fund, shall be deposited in the State Treasury in a special revenue account under the control of the Secretary of the Department of Health and Human Resources or his or her designee.
(b) Each state taxpayer may voluntarily contribute a portion of the taxpayer's state income tax refund to the Children's Trust Fund by designating the contribution on the state personal income tax return form. The bureau shall approve the wording of the designation on the income tax return form. The State Tax Commissioner shall determine by the first day of July of each year the total amount designated pursuant to this subsection and shall report that amount to the State Treasurer, who shall credit that amount to the Children's Trust Fund.
(c) All interest accruing from investment of moneys in the Children's Trust Fund shall be credited to the fund. The Legislative Auditor shall conduct an audit of the fund before the first day of July, two thousand eight, and at least every three fiscal years thereafter.
(d) Grants, loans and loan guarantees may be awarded from the Children's Trust Fund by the Commissioner of the Bureau for Children and Families for child abuse and neglect prevention activities.
(e) Upon the effective date of the enactment of this section, all employees, records, responsibilities, obligations, assets and property, of whatever kind and character, of the Governor's Cabinet on Children and Families are hereby transferred to the Bureau for Children and Families within the Department of Health and Human Resources, including, but not limited to, all rights and obligations held by the Governor's Cabinet on Children and Families under any grants, loans or loan guarantees previously awarded from the Children's Trust Fund.
(f) All orders, determinations, rules, permits, grants, contracts, certificates, licenses, waivers, bonds, authorizations and privileges which have been issued, made, granted or allowed to become effective by the Governor, by any state department or agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which have been transferred to the Bureau for Children and Families within the Department of Health and Human Resources, and were in effect on the date the transfer occurred continue in effect, for the benefit of the department, according to their terms until modified, terminated, superseded, set aside or revoked in accordance with the law by the Governor, the Secretary of the Department of Health and Human Resources or other authorized official, a court of competent jurisdiction or by operation of law.
§49-6C-2. Family resource networks.
(a) "Family resource network" means a local community organization charged with service coordination, needs and resource assessment, planning, community mobilization and evaluation, and which has been recognized by the cabinet as having met the following criteria:
(1) Agreeing to a single governing entity;
(2) Agreeing to engage in activities to improve service systems for children and families within the community;
(3) Addressing a geographic area of a county or two or more contiguous counties;
(4) Having nonproviders, which include family representatives and other members who are not employees of publicly funded agencies, as the majority of the members of the governing body, and having family representatives as the majority of the nonproviders;
(5) Having representatives of local service agencies, including, but not limited to, the public health department, the behavioral health center, the local health and human resources agency and the county school district, on the governing body;
(6) Accepting principles consistent with the cabinet's mission as part of its philosophy.
(b) A family resource network may not provide direct services, which means to provide programs or services directly to children and families.
ARTICLE 9. MISSING CHILDREN INFORMATION ACT.
§49-9-3. Clearinghouse function.
(a) The Missing Children Information Clearinghouse is established under the West Virginia State Police. The State Police:
(1) Shall provide for the administration of the clearinghouse; and
(2) May promulgate rules in accordance with the provisions of article three, chapter twenty-nine-a of this code to carry out the provisions of this article.
(b) The clearinghouse is a central repository of information on missing children and shall be used by all law-enforcement agencies in this state.
(c) The clearinghouse shall:
(1) Establish a system of intrastate communication of information relating to missing children;
(2) Provide a centralized file for the exchange of information on missing children and unidentified bodies of children within the state;
(3) Communicate with the National Crime Information Center for the exchange of information on missing children suspected of interstate travel;
(4) Collect, process, maintain and disseminate accurate and complete information on missing children;
(5) Provide a statewide toll-free telephone line for the reporting of missing children and for receiving information on missing children;
(6) Disseminate to custodians, law-enforcement agencies, the state Department of Education, the ~~governor's cabinet on~~ Bureau for Children and Families and the general public information that explains how to prevent child abduction and what to do if a child becomes missing;
(7) Compile statistics relating to the incidence of missing children within the state;
(8) Provide training materials and technical assistance to law-enforcement agencies and social services agencies pertaining to missing children; and
(9) Establish a media protocol for disseminating information pertaining to missing children.
(d) The clearinghouse shall print and distribute posters, flyers and other forms of information containing descriptions of missing children.
(e) The State Police may accept public or private grants, gifts and donations to assist in carrying out the provisions of this article.

§49-9-15. Clearinghouse Advisory Council; members, appointments and expenses; appointment, duties and compensation of director.

(a) The Clearinghouse Advisory Council is continued as a body corporate and politic, constituting a public corporation and government instrumentality. The council shall consist of eleven members, who are knowledgeable about and interested in issues relating to missing or exploited children, as follows:
(1) Six members to be appointed by the Governor, with the advice and consent of the Senate, with not more than four belonging to the same political party, three being from different congressional districts of the state and, as nearly as possible, providing broad state geographical distribution of members of the council, and at least one representing a nonprofit organization involved with preventing the abduction, runaway or exploitation of children or locating missing children;
(2) The Secretary of the Department of Health and Human Resources or his or her designee;
(3) The Superintendent of the West Virginia State Police or his or her designee;
(4) The State Superintendent of Schools or his or her designee;
(5) The Director of the Criminal Justice and Highway Safety Division or his or her designee; and
(6) The ~~Executive Director of the Governor's Cabinet on~~ Commissioner of the Bureau for Children and Families or his or her designee.
(b) The Governor shall appoint the six council members for staggered terms. The terms of the members first taking office on or after the effective date of this legislation shall expire as designated by the Governor. Each subsequent appointment shall be for a full three-year term. Any appointed member whose term is expired shall serve until a successor has been duly appointed and qualified. Any person appointed to fill a vacancy shall serve only for the unexpired term. A member is eligible for only one successive reappointment. A vacancy shall be filled by the Governor in the same manner as the original appointment was made.
(c) Members of the council are not entitled to compensation for services performed as members but are entitled to reimbursement for all reasonable and necessary expenses actually incurred in the performance of their duties in a manner consistent with the guidelines of the Travel Management Office of the Department of Administration.
(d) A majority of serving members constitutes a quorum for the purpose of conducting business. The chair of the council shall be designated by the Governor from among the appointed council members who represent nonprofit organizations involved with preventing the abduction, runaway or exploitation of children or locating missing children. The term of the chair shall run concurrently with his or her term of office as a member of the council. The council shall conduct all meetings in accordance with the open governmental meetings law pursuant to article nine-a, chapter six of this code.
(e) The employee of the West Virginia State Police who is primarily responsible for the clearinghouse established by section three of this article shall serve as the executive director of the council. He or she shall receive no additional compensation for service as the executive director of the council but shall be reimbursed for any reasonable and necessary expenses actually incurred in the performance of his or her duties as executive director in a manner consistent with the guidelines of the Travel Management Office of the Department of Administration.
(f) The expenses of council members and the executive director shall be reimbursed from funds provided by foundation grants, in-kind contributions or funds obtained pursuant to subsection (b), section seventeen of this article.
(g) The executive director shall provide or obtain information necessary to support the administrative work of the council and, to that end, may contract with one or more nonprofit organizations or state agencies for research and administrative support.
(h) The executive director of the council shall be available to the Governor and to the Speaker of the House of Delegates and the President of the Senate to analyze and comment upon proposed legislation and rules which relate to or materially affect missing or exploited children.
(i) The council shall prepare and publish an annual report of its activities and accomplishments and submit it to the Governor and to the Joint Committee on Government and Finance on or before the fifteenth day of December of each year.
The bill (S. B. No. 2007), as amended, was then ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Stollings, Sypolt, Unger, White and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Wells and Yoder--2.
Engrossed Senate Bill No. 2007 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Stollings, Sypolt, Unger, White and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Wells and Yoder--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 2007) passed.
The following amendment to the title of the bill, from the Committee on Finance, was reported by the Clerk and adopted:
Eng. Senate Bill No. 2007--A Bill to repeal §5-26-1, §5-26-2, §5-26-2a, §5-26-2b, §5-26-3, §5-26-4, §5-26-5, §5-26-6 and §5-26-8 of the Code of West Virginia, 1931, as amended; to repeal §18-5-18d of said code; to amend and reenact §16-5K-2 and §16-5K-4 of said code; to amend and reenact §49-9-3 and §49-9-15 of said code; and to amend said code by adding thereto a new article, designated §49-6C-1 and §49-6C-2, all relating to repeal of the code provisions authorizing the Governor's Cabinet on Children and Families; transferring necessary powers and duties from said cabinet to the Bureau for Children and Families; transferring control of the Children's Trust Fund from said cabinet to the Bureau for Children and Families in the Department of Health and Human Resources; and correcting code references.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Stollings, Sypolt, Unger, White and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Wells and Yoder--2.
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. 2007) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 2010, Supplemental appropriations to various executive departments.
And has amended same.
Now on second reading, having been read a first time and referred to the Committee on Finance on August 19, 2007;
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 (S. B. No. 2010) contained in the preceding report from the Committee on Finance was taken up for immediate consideration and read a second time.
Thereafter, at the request of Senator Caruth, and by unanimous consent, the bill was advanced to third reading with the unreported Finance committee amendments pending and the right reserved to consider other amendments to the bill on that reading.
The Senate proceeded to the sixth order of business, which agenda includes the making of main motions.
On motion of Senator Love, the special order of business set for 11 a.m. tomorrow, Tuesday, August 21, 2007 (consideration of legislative and executive nominations) was postponed and made a special order of business for tomorrow, Tuesday, August 21, 2007, at 2 p.m.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Tuesday, August 21, 2007, at 2 p.m.
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