hdj2007-3-6-56

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Tuesday, March 6, 2007
FIFTY-SIXTH DAY
[Mr. Speaker, Mr. Thompson, in the Chair]

The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Monday, March 5, 2007, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
H. C. R. 34, Urging the West Virginia Congressional Delegation to support legislation calling for federal approval of extension of the Lewis and Clark National Historic Trail,
H. C. R. 57, Requesting the Joint Committee on Government and Finance to conduct a study on the need to eliminate mercury and mercury preservatives in vaccines,
H. C. R. 61, The "Harvey E. Horn Memorial Bridge",
H. C. R. 66, Requesting the Joint Committee on Government and Finance to study the cost efficiency and effectiveness of employers, self insured for purposes of workers' compensation coverage, who self administer claims,
S. C. R. 20, Requesting Division of Highways name section of U. S. Route 60 in Kanawha County from Campbells Creek Road to Warrior Way "Adam Johnson Crumpler Memorial Midland Trail",
And reports the same back with the recommendation that they each be adopted.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
Com. Sub. for S. B. 129, Authorizing PEIA to transfer excess reserve funds to Retiree Health Benefit Trust Fund,
Com. Sub. for S. B. 178, Allowing counties to increase hotel occupancy tax,
S. B. 336, Relating to higher education generally,
Com. Sub. for S. B. 400, Appointing additional circuit court judges,
S. B. 496, Authorizing approval of State Personnel Board pay plans,
And,
Com. Sub. for S. B. 523, Consolidating and eliminating certain Division of Motor Vehicles' fees,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 55, Updating mortality tables used in life estate valuation,
S. B. 59 Relating to basic universal design features for certain dwellings,
Com. Sub. for S. B. 192, Authorizing Commissioner of Division of Corrections to issue warrants for certain inmates,
Com. Sub. for S. B. 559, Authorizing Insurance Commissioner propose rules related to military personnel insurance,
And,
Com. Sub. for S. B. 643, Relating to insurance laws violations investigations,
And reports the same back with the recommendation that they each do pass.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 381, Relating to insurance fraud,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
Vice Chairman Perry, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
Com. Sub. for S. B. 168, Allowing consumer lenders to sell home and automobile membership plans,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 168) was referred to the Committee on the Judiciary.
Resolutions Introduced
Delegates DeLong, Overington and Webster offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 69 - "Requesting the Joint Committee on Government and Finance study the closing times of establishments licensed to sell alcoholic beverages for consumption on the premises in West Virginia."
Whereas, The Legislature recognizes that the state Alcohol Beverage Control Commission has authority to set the closing time of such establishments; and
Whereas, The closing times for similar establishments in the five contiguous states surrounding West Virginia are, in many cases, different; and
Whereas, The difference in operating hours may negatively affect establishments and citizens in West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the closing times of establishments licensed to sell alcoholic beverages for consumption on the premises in West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2008, 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.
Delegates Burdiss and Browning offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 72 - "Requesting that bridge number .015 located on Route 54 at the old Mullens Athletic Field in the City of Mullens, Wyoming County, be named "The H. E. 'Homer' Lilly Bridge."
Whereas, H. E. "Homer" Lilly was instrumental in shaping the destiny of the City of Mullens into its present condition as a bustling, growing and thriving community; and
Whereas, As a realtor he was involved in the real estate development in and around the City of Mullens in the early 1900's, selling many a young married couple starting out in life, land upon which to construct their home; and
Whereas, As a member of the Board of Directors of the Peoples Bank of Mullens, he helped many to attain financing to build homes on the land he previously sold them; and
Whereas, The Peoples Bank of Mullens' continuing success and existence is tribute to the life works of Mr. Lilly, being the only Bank in Wyoming County to have survived the Great Depression while continuing to this day to operate with the same vision and trust that was instilled in its operation by Mr. Lilly; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number .015 located on Route 54 at the old Mullens Athletic Field in the City of Mullens, Wyoming County, "The H. E. 'Homer' Lilly Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to cause to be fabricated signs to be erected at each entryway of said bridge, containing bold and prominent letters proclaiming the bridge to be "The H.E. 'Homer' Lilly Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways and to the Mayor and City Council of the City of Mullens.
Delegate Manchin offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 73 - "Requesting the Joint Committee on Government and Finance to conduct a study on the need to modify the exemptions allowed in bankruptcy proceedings."
W HEREAS , In 2005, sweeping changes to the bankruptcy laws went into effect; and
W HEREAS , According to its proponents, the provisions of Chapter Seven of the new bankruptcy law would give those honest deserving debtors all the relief they would need; and
W HEREAS , A major flaw in the law is highlighted by the plight of many widows and widowers in this state who have acquired their deceased spouse's interest in the marital home, but did not acquire the deceased spouse's income; and
W HEREAS , With the increasing property values in this state, especially along the I-79 and I-68 Interstate corridors, it is almost impossible for a surviving spouse to maintain their home without family help; and
W HEREAS , It is essential that honest debtors be treated fairly and equitably and that citizens be allowed those exemptions that ensure they will not be without a home in their declining years; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the need to modify the exemptions allowed in bankruptcy proceedings; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2008, 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.
Mr. Speaker, Mr. Thompson, and Delegates Amores, Anderson, Andes, Armstead, Ashley, Azinger, Blair, Border, Canterbury, Carmichael, Cowles, Duke, Ellem, Evans, Hamilton, Ireland, Lane, C. Miller, J. Miller, Morgan, Overington, Palumbo, Porter, Romine, Rowan, Schadler, Schoen, Sobonya, Sumner, Tansill, Walters and Webster offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 74 - "Requesting that the Joint Committee on Government and Finance authorize the study of methods to encourage the availability of counseling and treatment for victims of domestic violence.
Whereas, Domestic violence is a plague upon our society with thousands of incidents occurring in each year; and
Whereas, Domestic violence is a problem in West Virginia that results in both physical and serious emotional harm to its victims; and
Whereas, Many West Virginians who are victims of domestic violence may benefit in their recovery from counseling and treatment; and
Whereas, The tragic effects of domestic violence on individual victims and our society as a whole may be lessened by effective counseling; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the methods of making counseling more accessible to victims of domestic violence; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2008, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the Legislative expenses necessary to conduct this review and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegates Fleischauer, Hutchins, Iaquinta, Longstreth, Caputo, Mr. Speaker, Mr. Thompson, Amores, Anderson, Argento, Ashley, Azinger, Barker, Beach, Blair, Boggs, Brown, Browning, Burdiss, Campbell, Cann, Canterbury, Craig, Crosier, DeLong, Doyle, Duke, Eldridge, Ellem, Ellis, Ennis, Evans, Fragale, Guthrie, Hamilton, Hartman, Hatfield, Hrutkay, Ireland, Kessler, Klempa, Kominar, Lane, Long, Mahan, Manchin, Marshall, Martin, Michael, Miley, C. Miller, J. Miller, Moore, Moye, Overington, Palumbo, Paxton, Perdue, Perry, Pethtel, Pino, D. Poling, M. Poling, Proudfoot, Reynolds, Rodighiero, Romine, Rowan, Schadler, Shaver, Shook, Sobonya, Spencer, Staggers, Stalnaker, Stemple, Stephens, Sumner, Tabb, Talbott, Tansill, Varner, Walters, Webster, Wells, White, Williams and Wysong offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 75 - "Requesting the Joint Committee on Government and Finance to make a study
of the needs of soldiers and veterans who have been injured in the Iraq/Afghanistan wars for the purpose of making recommendations on how the state of West Virginia can assist in getting them the care they deserve."
Whereas, The state of West Virginia values the sacrifices of its soldiers and veterans and their extraordinary commitment to the preservation of our liberties in these very dangerous times; and
Whereas, At least twenty-five West Virginians have died in the Iraq/Afghanistan war and at least one hundred thirty-five have been seriously wounded; and
Whereas, Our state has one of the largest number of active duty soldiers and injured soldiers based upon our population; and
Whereas, Many soldiers who would have died in past wars have been saved by excellent medical care in the field and at military hospitals, but many who have been saved have lifetime, severe, and, sometimes, permanent injuries; and
Whereas, The prevalence of injuries from improvised explosive devices has resulted in many soldiers who return to our country suffering from Post Traumatic Stress Syndrome and neurological damage; and
Whereas, Media stores have revealed that many of our injured soldiers, after hospital treatment, have been housed in substandard facilities, with mold, insects and vermin; and
Whereas, It has also been disclosed that many with brain injuries have had to fight incredible battles upon their return home with the bureaucracy, because of lost records, inordinately high standards to obtain needed benefits and long-term care, etc.; and
Whereas, Some injured soldiers have gotten lost in the bureaucracy for more than a year;
Whereas, Even with family members moving to Washington, D.C. to care for them, some injured soldiers have been unable to maneuver their way through the bureaucracy; and
Whereas, Our federal and state officials have had great difficulty ascertaining the exact numbers, status and locations of our injured soldiers; and
Whereas, there are four Veterans Hospitals in the state of West Virginia, many public and private hospitals and rehabilitation centers capable of offering our injured soldiers the care they need, closer to their families, friends and support networks; and
Whereas, West Virginia has a network of Veterans Assistance Centers, field offices and volunteer organizations which could be enlisted to provide assistance to our injured soldiers and veterans; and
Whereas, It is important for injured soldiers to be sure that they receive the income and benefits they need for the long-term, which may depend upon their status as a member of the military or a veteran; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to review, examine and study the status of the growing number of soldiers from West Virginia injured in the Iraq/Afghanistan wars; and, be it
Further Resolved, That the Division of Veterans Affairs, our Congressional Delegation and the State National Guard be enlisted to study and make recommendations on how the State of West Virginia can assist in ensuring that our injured soldiers get the care they need and that their rights, benefits and dignity are protected; and, be it
Further Resolved, That the findings and recommendations resulting from the study be presented and reported to the Joint Committee as soon as possible, and on a periodic basis as determinations are made regarding findings and recommendations, together with the drafts of any proposed legislation and funding estimates that may be necessary to effectuate such recommendations, in the event that such recommendations could be adopted during a special session; and, be it
Further Resolved, That the West Virginia State Legislature notify Washington, D.C., the President of the United States, the President of the Senate of the United States, the Speaker of the House of Representatives of the United States and the appropriate United States Representatives of the State of West Virginia of this action by forwarding to each of them a certified copy of this concurrent resolution adopted by the West Virginia Legislature; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2008, 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.
Delegates Guthrie, Armstead, Border, Brown, Caputo, Hatfield, Long, C. Miller, Moye, Palumbo, Perry, Pino, M. Poling, Spencer, Webster, Wells and White offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. R. 35 - "Commemorating the life of Melba Lou Fitzwater White, Mayor of Montgomery, longtime community leader, and beloved wife, mother, and grandmother."
Whereas, Melba Lou Fitzwater White was a graduate of Montgomery High School and West Virginia Institute of Technology, where she was the Alumnus of the Year for the Community and Technical College in 2002; and
Whereas, Ms. White served a two term-presidency of the Upper Kanawha Valley Chamber of Commerce and was a board member until her death; and
Whereas, Ms. White was a member and elder of Montgomery Presbyterian Church, and past moderator and treasurer of Presbyterian Women; and
Whereas, Ms. White was a member of Order of the Eastern Star Kanawha Chapter 38, a member and past president of the West Virginia University Institute of Technology Alumni Board, alumni of Delta Zeta sorority, and a board member of the Upper Kanawha Valley Economic Development Corporation; and
Whereas, Ms. White was a board member of the Upper Kanawha Valley Mayor's Economic Community and served on the Fayette County Transition Team; and
Whereas, Ms. White was a former Cub Scout, Boy Scout, Brownie Scout and Girl Scout leader and a former Sunday school teacher at Montgomery Presbyterian Church; and
Whereas, Ms. White was a former employee of Governor John D. Rockefeller's Office of Economic and Community Development, Tourism and Parks and of Mount Olive Correctional Complex; and
Whereas, The Upper Kanawha Valley Chamber of Commerce named Melba Lou Fitzwater White Citizen of the Year in 1999; and
Whereas, Governor Gaston Caperton honored Ms. White as a Distinguished West Virginian in 1994; and
Whereas, Ms. White was a member of the Montgomery Rotary Club and named a Paul Harris Fellow in 2005; and
Whereas, In 2001 Ms. White was the first runner-up in the award category of government leaders by the West Virginia Federation of Women's Club and awarded the "Acts of Kindness" award by the Montgomery Women's Club; therefore, be it
Resolved by the House of Delegates:
That regret is hereby expressed by the members of the House of Delegates at the passing of Melba Lou Fitzwater White, Mayor of Montgomery, longtime community leader, and beloved wife, mother, and grandmother; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby requested to provide certified copies of this resolution to the surviving family members of Melba Lou Fitzwater White.
Petitions
Delegate Long, presented a petition that he had received by numerous residents of the State, in support of a six percent salary increase for education employees; which was referred to the Committee on Finance.
Special Calendar
Third Reading
Com. Sub. for S. B. 70, Providing penalties for employing unauthorized workers; on third reading, coming up in regular order, with an amendment pending, was reported by the Clerk.
The Clerk then reported an amendment offered by Delegate Schoen amending the bill on page five, section five, after line thirty-four, by striking out all of section five and inserting in lieu thereof the following:
"§21-1B-5. Penalties.
(a)(1) For the first violation of section three of this article, involving any number of unauthorized workers, a civil fine of not less than two hundred and seventy-five dollars and not more than two thousand two hundred dollars, shall be imposed upon any employer for each unauthorized worker.
(2) For the second violation of section three of this article, involving any number of unauthorized workers, a civil fine of not less than two thousand two hundred dollars and not more than five thousand and five hundred dollars, shall be imposed upon any employer for each unauthorized worker.
(3) For every violation after the second violation of section three of this article, involving any number of unauthorized workers, a civil fine of not less than three thousand dollars and not more than ten thousand dollars, shall be imposed upon any employer for each unauthorized worker.
(4) In addition to the civil fines provided by subdivisions (1),(2), and (3) of subsection (a) of this section, the Division of Labor or its appointed representative may impose a cease and desist order, or may compel the employer to register and participate in the United States Department of Homeland Security's 'Employment Eligibility Verification Program' or a successor program designated by the United States Department of Homeland Security.
(b) Any employer, who establishes a 'pattern or practice' of knowingly hiring unauthorized workers or fails to comply with any order issued under subdivision (4), subsection (a) of this section, is guilty of a misdemeanor and upon conviction thereof, the employer shall be fined not more than three thousand dollars for each unauthorized worker in addition to any civil penalties assessed, imprisoned for not more than six months for the entire 'pattern or practice' or both.
(c) For any violation of section four of this article, involving any number of unauthorized workers, a civil fine of not less than one hundred and ten dollars and not more than one thousand one hundred dollars, shall be imposed upon any employer for each unauthorized worker."
Delegate Schoen then asked and obtained unanimous consent to withdraw her amendment.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 291), and there were--yeas 94, nays 5, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Amores, Frederick, Palumbo, Porter and Schoen.
Absent And Not Voting: Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 70) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 187, Relating to WV Performance Review Act; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 292), and there were--yeas 97, nays 2, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Sobonya and Sumner.
Absent And Not Voting: Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 187) passed.
On motion of Delegate Morgan, the title of the bill was amended to read as follows:
Com. Sub. for S. B. 187 - "A Bill to repeal §4-10-4a, §4-10-5a, §4-10-5b, §4-10-6a, §4-10- 10a and §4-10-11a of the Code of West Virginia, 1931, as amended; and to amend and reenact §4- 10-1, §4-10-2, §4-10-3, §4-10-4, §4-10-5, §4-10-6, §4-10-7, §4-10-8, §4-10-9, §4-10-10, §4-10-11, §4-10-12, §4-10-13 and §4-10-14 of said code, all relating to the West Virginia Performance Review Act; updating the legislative findings and definitions; continuing the Joint Committee on Government Operations; updating powers and duties of the Joint Committee on Government Operations and the Joint Committee on Government Organization; requiring department presentations; establishing a new agency review procedure and schedule; establishing a new regulatory board review procedure and schedule; authorizing compliance reviews; clarifying termination procedures; and providing that agencies and boards do not terminate pursuant to prior enactments."
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 293), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub for S. B. 187) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for S. B. 411, Creating Correctional Center Nursery Act; on third reading, coming up in regular order, with an amendment pending, was reported by the Clerk.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page nine, section six, line sixteen, after the word "article" by striking out the word "three" and inserting in lieu thereof the word "two".
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 294), and there were--yeas 76, nays 23, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Cann, Carmichael, Craig, Duke, Ellis, Evans, Ireland, C. Miller, J. Miller, Overington, Porter, Reynolds, Rodighiero, Romine, Schoen, Shaver, Sobonya, Stalnaker, Stephens, Sumner and Williams.
Absent And Not Voting: Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 411) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 415, Authorizing magistrate courts assess fee for criminal records checks; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 295), and there were--yeas 91, nays 7, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Andes, Hutchins, Lane, Schadler, Schoen, Sobonya and Sumner.
Absent And Not Voting: Beach and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 415) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 435, Clarifying Consolidated Local Government Act; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 296), and there were--yeas 91, nays 8, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Armstead, Border, Ireland, Kessler, Lane, Stemple, Sumner and Walters.
Absent And Not Voting: Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 435) passed.
An amendment to the title of the bill, recommended by the Committee on Government Organization, was reported by the Clerk and adopted, amending the title to read as follows:
S. B. 435 - "A Bill to amend and reenact §7A-1-4 of the Code of West Virginia, 1931, as amended; to amend and reenact §7A-4-1 of said code; and to amend and reenact §7A-7-6 of said code, all relating to metro government; clarifying the constitutional authority for the creation of a metro government; increasing the time frame for a charter review committee to conclude its study; providing plans for metro government formation; and providing that municipalities other than the principal city are not automatically consolidated into a metro government."
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 297), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 435) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for S. B. 442, Relating to grievance procedures for certain state and educational employees; on third reading, coming up in regular order, was read a third time.
Delegate Perry requested to be excused from voting on the passage of Com. Sub. for S. B. 442 under the provisions of House Rule 49 stating that he had a pending grievance which could be affected by the passage of the bill.
The Speaker excused the Gentleman from voting on the passage of the bill for the reason he enumerated.
Delegates Armstead and Lane also requested to be excused from voting on the passage of the bill under the provisions of House Rule 49, stating that they had relatives that could possibly be affected by the passage of the bill.
The Speaker refused to excuse the Gentlemen from voting, stating that they were members of a class of persons possibly to be affected by the passage of the bill and that they demonstrated no direct personal or pecuniary interest therein.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 298), and there were--yeas 98, nays none, absent and not voting 1, excused 1, with the absent and not voting and excused being as follows:
Absent And Not Voting: Ron Thompson.
Excused: Perry.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 442) passed.
An amendment to the title of the bill, recommended by the Committee on Government Organization, was reported by the Clerk and adopted, amending the title to read as follows:
S. B. 442 - "A Bill to repeal §18-29-1, §18-29-2, §18-29-3, §18-29-4, §18-29-5, §18-29-6, §18-29-7, §18-29-8, §18-29-9, §18-29-10 and §18-29-11 of the Code of West Virginia, 1931, as amended; to repeal §29-6A-1, §29-6A-2, §29-6A-3, §29-6A-4, §29-6A-5, §29-6A-6, §29-6A-7, §29- 6A-8, §29-6A-9, §29-6A-10, §29-6A-11 and §29-6A-12 of said code; to amend and reenact §5-5-4 and §5-5-5 of said code; to amend and reenact §5B-2-5 of said code; to amend and reenact §5F-2-1 of said code; to amend said code by adding thereto a new article, designated §6C-2-1, §6C-2-2, §6C- 2-3, §6C-2-4, §6C-2-5, §6C-2-6 and §6C-2-7; to amend said code by adding thereto a new article, designated §6C-3-1, §6C-3-2, §6C-3-3, §6C-3-4, §6C-3-5 and §6C-3-6; to amend and reenact §11- 10A-8 of said code; to amend and reenact §18A-2-8 of said code; to amend and reenact §18B-2A-4 of said code; to amend and reenact §18B-7-4 of said code; to amend and reenact §21-5E-4 of said code; to amend and reenact §22C-7-2 of said code; to amend and reenact §31-20-27 of said code; to amend and reenact §33-48-2 of said code; and to amend and reenact §49-5E-5a of said code, all relating to state employees grievance procedures; establishing a new West Virginia public employees grievance procedure; discontinuing the Education and State Employees Grievance Board; creating the West Virginia Public Employees Grievance Board with five members appointed by the Governor; giving the board new powers, duties, rule-making authority and data collection responsibilities; creating a uniform grievance procedure with three levels for certain public employees; clarifying definitions and general grievance procedures; prohibiting supervisors from representing employees they evaluate; clarifying and reorganizing general provisions; increasing time frames in grievance procedure; defining default provisions; eliminating laches and defining back pay; establishing that employees may be represented at conferences, hearings and meetings at any step of the procedure; clarifying the procedure for conferences and hearings; removing hearing examiners from the grievance procedure; and making technical corrections to affected sections of the code."
S. B. 454, Renaming and restructuring Bureau of Employment Programs; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 299), and there were--yeas 95, nays 4, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Doyle, Lane, Michael and Walters.
Absent And Not Voting: Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 454) passed.
On motion of Delegate Morgan, the title of the bill was amended to read as follows:
S. B. 454 - "A Bill to amend and reenact §5B-1-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §5B-2B-6 and §5B-2B-9 of said code; to amend and reenact §5F-2-1 of said code; and to amend and reenact §21A-1-4 of said code, all relating to the Bureau of Employment Programs; changing the agency name from the Bureau of Employment Programs to Workforce West Virginia; revising the divisional structure within the agency; requiring Workforce West Virginia to display certain information on its website; and providing that Workforce West Virginia shall provide administrative and other services to the West Virginia Workforce Investment Council."
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 300), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Burdiss, Swartzmiller and Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 454) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 530, Authorizing voter not affiliated with any political party to vote in primary; on third reading, coming up in regular order, with the right to amend, was, on motion of Delegate DeLong, laid over one day.
Still being in procession of the Clerk, Com. Sub. for S. B. 442 was taken up for further consideration.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 301), and there were--yeas 97, nays none, absent and not voting 2, excused 1, with the absent and not voting and excused being as follows:
Absent And Not Voting: Andes and Ron Thompson.
Excused: Perry.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 442) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for S. B. 539, Relating to Deputy Sheriff Retirement System; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 302), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 539) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for S. B. 539 -- "A Bill to amend and reenact §7-14D-2, §7-14D-9 and §7-14D-11 of the Code of West Virginia, 1931, as amended, all relating to the Deputy Sheriff Retirement System; amending the definition of 'annuity start date'; requiring a member's application for retirement; and providing the basis for determining a member's retirement benefit."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 540, Providing tax credits for certain utility taxpayers; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 303), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Fleischauer and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 540) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 569, Creating special fuels taxes for deposit in Special Railroad and Intermodal Enhancement Fund; on third reading, coming up in regular order, was read a third time.
Delegate Boggs requested to be excused from voting on the passage of Com. Sub. for S. B. 569 under the provisions of House Rule 49, stating, that he was employed by a carrier which possibly could be affected by the passage of the bill.
The Speaker refused to excuse the Gentleman from voting, stating that he was a member of a class of persons possibly to be affected by the passage of the bill and that he demonstrated no direct personal or pecuniary interest therein.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 304), and there were--yeas 97, nays 2, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Armstead and J. Miller.
Absent And Not Voting: Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 569) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk.
At the request of Delegate White, and by unanimous consent, the Committee title amendment was withdrawn and he offered the following substitute title amendment, which was adopted:
Com. Sub. for S. B. 569 - "A Bill to amend and reenact §11-15-18b of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §11-24- 43a; and to amend said code by adding thereto two new sections, designated §17-16B-7a and §17- 16B-7b, all relating to dedicating up to four million three hundred thousand dollars from annual collections of the corporation net income tax for construction, reconstruction, maintenance and repair of railways, the construction of railway related structures and payment of principal and interest on state bonds issued for railway purposes, as approved by the West Virginia public port authority; creating the special railroad and intermodal enhancement fund into which those funds are deposited and from which expenditures are made under the administration of the West Virginia public port authority; providing administrative procedures for the state tax commissioner's deposit of those funds; providing an expiration date for the deposit of those funds; and directing a study relating to the feasibility of the planning, development, construction and operation of the intermodal facility at Prichard, West Virginia."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for S. B. 607, Providing elected political party executive committee members' term of office; on third reading, coming up in regular order, was read a third time.
Delegate Armstead requested to be excused from voting on the passage of Com. Sub. for S. B. 607 under the provisions of House Rule 49, stating that his wife is a member of a county executive committee.
Delegates Argento, Ashley, Barker, Blair, Cowles, Fleischauer, Guthrie, Hatfield, C. Miller, Morgan, Overington, Perry, D. Poling, Reynolds, Schadler, Spencer, Sumner, White and Williams requested to be excused from voting on the passage of Com. Sub. for S. B. 607 under the provisions of House Rule 49, stating that either members of their respective families or relatives possibly could be affected by the passage of the bill.
The Speaker refused to excuse the Members from voting, stating that they were members of a class of persons possibly to be affected by the passage of the bill and that they demonstrated no direct personal or pecuniary interest therein.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 305), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Reynolds and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 607) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for S. B. 610, Relating to electronic voting systems generally; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 306), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Reynolds and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 610) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 617, Requiring voter history on statewide registration system; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 307), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Reynolds and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 617) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 618, Relating to filing requirements for write-in candidates; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 308), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 618) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 619, Relating to election day procedures and preparation; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 309), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 619) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 754, Clarifying restrictions on certain political contributions from political committees; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 310), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Ron Thompson and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 754) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading
Com. Sub. for S. B. 460, Providing notice to Division of Natural Resources, Division of Forestry and state forest superintendent relating to oil and gas access roads; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page two, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following language:
"ARTICLE 5. PARKS AND RECREATION.

§20-5-22. Powers and duties of the director relating to oil and gas access roads on state forests.

(a) In addition to the requirements of article six, chapter twenty-two of this code, a party applying for the well work permit within a state forest shall publish a Class I-O legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code in a qualified newspaper at least sixty days prior to submitting an application with the Department of Environmental Protection. The notice shall state that the Division of Natural Resources will accept public comments prior to the party's application to the Department of Environmental Protection and shall give a postal address and an email address where the public may file comments.
(b) For all new oil and gas road construction proposed in subsection (a) of this section within state forests, written notice shall be provided to the Director, the Division of Forestry, and the state forest superintendent by the party applying for the well work permit forty-five days before the application of the well work permit is filed with the Department of Environmental Protection.
(c) For routine maintenance of the access roads within the state forest, notice shall be provided to the director, the Director of the Division of Forestry and the state forest superintendent by the well operator for maintenance of the well access road five days before the motorized equipment is to enter the state forest except in the event of an emergency.
(d) The Director of the Division of Natural Resources shall propose emergency and legislative rules in accordance with article three, chapter twenty-nine of this code in consultation with the Department of Environmental Protection and the Division of Forestry that set forth the conditions upon which the permittee may access the land for the purpose of well work in a state forest as permitted by law."
The bill was then ordered to third reading.
S. B. 490, Relating to Underground Storage Tank Insurance Fund; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page four, section twenty-two, line fifty-two, following the words "it is the", by striking out the words "finding of the Legislature that the state has a moral obligation to individuals who entered into a good faith agreement for insurance with the fund to assist them", and inserting in lieu thereof the words "sense of the Legislature that to the extent public funds are determined by the Legislature to be available, they may be appropriated to assist individuals".
On page five, section twenty-two, line sixty, following the word "remediations", by striking out the word "is", and inserting in lieu thereof the words "would be".
And,
On page five, section twenty-two, line sixty-six, following the words "shall request", by striking out the words "from the Legislature", and inserting in lieu thereof the words "that the governor include in each budget submitted to the Legislature".
The bill was then ordered to third reading.
S. B. 573, Creating programs to monitor physicians, podiatrists and physician assistants who are recovering substance abusers; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page ten, following section nine, line one hundred forty-two, by striking out section twelve in its entirety and inserting in lieu thereof the following:

"§30-3-12. Biennial renewal of license to practice medicine and surgery or podiatry; continuing education; rules; fee; inactive license.

(a) A license to practice medicine and surgery or podiatry in this state is valid for a term of two years. ~~and~~
(b) The license shall be renewed:
(1) Upon a receipt of a reasonable fee, as set by the board;
(2) Submission of an application on forms provided by the board; and ~~beginning with the biennial renewal application forms completed by licensees and submitted to the board in one thousand nine hundred ninety-three,~~
(3) A certification ~~in accordance with rules and regulations promulgated by the board in accordance with chapter twenty-nine-a of this code~~ of participation in and successful completion of a minimum of fifty hours of continuing medical or podiatric education satisfactory to the board, as appropriate to the particular license, during the preceding two-year period.
(c) The application may not require disclosure of a voluntary agreement entered into pursuant to subsection (h), section nine of this article.
(d) Continuing medical education satisfactory to the board is continuing medical education designated as Category I by the American Medical Association or the Academy of Family Physicians and alternate categories approved by the board.
(e) Continuing podiatric education satisfactory to the board is continuing podiatric education approved by the Council on Podiatric Education and alternate categories approved by the board.
In addition, the Legislature hereby finds and declares that it is in the public interest to encourage alternate categories of continuing education satisfactory to the board for physicians and podiatrists. In order to provide adequate notice of the same to physicians and podiatrists, no later than the first day of June, one thousand nine hundred ninety-one, the board shall file rules under the provisions of section fifteen, article three, chapter twenty-nine-a of this code, delineating any alternate categories of continuing medical or podiatric education which may be considered satisfactory to the board and any procedures for board approval of such continuing education.
(f) Notwithstanding any provision of this chapter to the contrary, beginning the first day of July, two thousand seven, failure to timely submit to the board a certification ~~in accordance with rules promulgated by the board in accordance with chapter twenty-nine-a of this code~~ of successful completion of a minimum of fifty hours of continuing medical or podiatric education satisfactory to the board, as appropriate to the particular license, shall ~~beginning the first day of July, one thousand nine hundred ninety-three~~ result in the automatic ~~suspension~~ expiration of any license to practice medicine and surgery or podiatry until such time as the certification, ~~in accordance with rules promulgated by the board in accordance with chapter twenty-nine-a of this code,~~ with all supporting written documentation, is submitted to and approved by the board.
(g) If a license is automatically expired and reinstatement is sought within one year of the automatic expiration, the former licensee shall:
(1) Provide certification with supporting written documentation of the successful completion of the required continuing education;
(2) Pay a renewal fee; and
(3) Pay a reinstatement fee equal to fifty percent of the renewal fee.
(h) If a license is automatically expired and more than one year has passed since the automatic expiration, the former licensee shall:
(1) Apply for a new license;
(2) Provide certification with supporting written documentation of the successful completion of the required continuing education; and
(3) Pay such fees as determined by the board.
(i) Any individual who accepts the privilege of practicing medicine and surgery or podiatry in this state is required to provide supporting written documentation of the continuing education represented as received within thirty days of receipt of a written request to do so by the board. If a licensee fails or refuses to provide supporting written documentation of the continuing education represented as received as required in this section, such failure or refusal to provide supporting written documentation is prima facie evidence of renewing a license to practice medicine and surgery or podiatry by fraudulent misrepresentation.
~~(b)~~ (j) The board may renew, on an inactive basis, the license of a physician or podiatrist who is currently licensed to practice medicine and surgery or podiatry in, but is not actually practicing, medicine and surgery or podiatry in this state. A physician or podiatrist holding an inactive license shall not practice medicine and surgery or podiatry in this state.
(k) ~~His or her~~ An inactive license may be converted by the board to an active ~~one~~ license upon a written request by the licensee to the board that:
(1) Accounts for his or her period of inactivity to the satisfaction of the board; ~~Provided,~~ ~~That beginning on the first day of July, one thousand nine hundred ninety-three, such licensee~~ and
(2) Submits written documentation of participation in and successful completion of a minimum of fifty hours of continuing medical or podiatric education satisfactory to the board, as appropriate to the particular license, during each preceding two-year period.
(l) An inactive license may be obtained upon receipt of a reasonable fee, as set by the board, and submission of an application on forms provided by the board on a biennial basis.
~~(c)~~ (m) The board shall may not require any physician or podiatrist who is retired or retiring from the active practice of medicine and surgery or the practice of podiatry and who is voluntarily surrendering their license, to return to the board the license certificate issued to them by the board.
§30-3-16. Physician assistants; definitions; Board of Medicine rules; annual report; licensure;

temporary license; relicensure; job description required; revocation or suspension of licensure; responsibilities of supervising physician; legal responsibility for physician assistants; reporting by health care facilities; identification; limitations on employment and duties; fees; continuing education; unlawful representation of physician assistant as a physician; criminal penalties.

(a) As used in this section:
~~(4)~~ (1) 'Approved program' means an educational program for physician assistants approved and accredited by the committee on allied health education and accreditation on behalf of the American Medical Association or its successor; ~~and~~
~~(5)~~ (2) 'Health care facility' means any licensed hospital, nursing home, extended care facility, state health or mental institution, clinic or physician's office;
~~(1)~~ (3) 'Physician assistant' means an assistant to a physician who is a graduate of an approved program of instruction in primary health care or surgery, has attained a baccalaureate or master's degree, has passed the national certification examination and is qualified to perform direct patient care services under the supervision of a physician;
~~(2)~~ (4) 'Physician assistant-midwife' means a physician assistant who meets all qualifications set forth under subdivision ~~(1)~~ (3) of this subsection and fulfills the requirements set forth in subsection (d) of this section, is subject to all provisions of this section, and assists in the management and care of a woman and her infant during the prenatal, delivery and postnatal periods; and
~~(3)~~ (5) 'Supervising physician' means a doctor or doctors of medicine or podiatry permanently licensed in this state who assume legal and supervisory responsibility for the work or training of any physician assistant under his or her supervision.
(b) The board shall promulgate rules pursuant to the provisions of article three, chapter twenty-nine-a of this code governing the extent to which physician assistants may function in this state. The rules shall provide that the physician assistant is limited to the performance of those services for which he or she is trained and that he or she performs only under the supervision and control of a physician permanently licensed in this state, but that supervision and control does not require the personal presence of the supervising physician at the place or places where services are rendered if the physician assistant's normal place of employment is on the premises of the supervising physician. The supervising physician may send the physician assistant off the premises to perform duties under his or her direction, but a separate place of work for the physician assistant may not be established. In promulgating the rules, the board shall allow the physician assistant to perform those procedures and examinations and in the case of certain authorized physician assistants to prescribe at the direction of his or her supervising physician in accordance with subsection ~~(l)~~ (n) of this section those categories of drugs submitted to it in the job description required by this section. Certain authorized physician assistants may pronounce death in accordance with the rules proposed by the board which receive legislative approval. The board shall compile and publish an annual report that includes a list of currently licensed physician assistants and their employers and location in the state.
(c) The board shall license as a physician assistant any person who files an application together with a proposed job description and furnishes satisfactory evidence to it that he or she has met the following standards:
(1) ~~He or she~~ Is a graduate of an approved program of instruction in primary health care or surgery;
(2) ~~He or she~~ Has passed the certifying examination for a primary care physician assistant administered by the national commission on certification of physician assistants and has maintained certification by that commission so as to be currently certified;
(3) ~~He or she~~ Is of good moral character; and
(4) ~~He or she~~ Has attained a baccalaureate or master's degree.
(d) The board shall license as a physician assistant-midwife any person who meets the standards set forth under subsection (d) of this section and, in addition thereto, the following standards:
(1) ~~He or she~~ Is a graduate of a school of midwifery accredited by the American college of nurse-midwives;
(2) ~~He or she~~ Has passed an examination approved by the board; and
(3) ~~He or she~~ Practices midwifery under the supervision of a board-certified obstetrician, gynecologist or a board-certified family practice physician who routinely practices obstetrics.
(e) The board may license as a physician assistant any person who files an application together with a proposed job description and furnishes satisfactory evidence that he or she is of good moral character and meets either of the following standards:
(1) He or she is a graduate of an approved program of instruction in primary health care or surgery prior to the first day of July, one thousand nine hundred ninety-four, and has passed the certifying examination for a physician assistant administered by the national commission on certification of physician assistants and has maintained certification by that commission so as to be currently certified; or
(2) He or she had been certified by the board as a physician assistant then classified as 'Type B', prior to the first day of July, one thousand nine hundred eighty-three.
(f) Licensure of an assistant to a physician practicing the specialty of ophthalmology is permitted under this section: Provided, That a physician assistant may not dispense a prescription for a refraction.
~~(f)~~(g) When any graduate of an approved program submits an application to the board for a physician assistant license, accompanied by a job description as referenced by this section, the board shall issue to that applicant a temporary license allowing that applicant to function as a physician assistant until the applicant successfully passes the national commission on certification of physician assistants' certifying examination: Provided, That the applicant shall sit for and obtain a passing score on the examination next offered following graduation from the approved program. No applicant shall receive a temporary license who, following graduation from an approved program, has sat for and not obtained a passing score on the examination. A physician assistant who has not been certified by the National Board of Medical Examiners on behalf of the national commission on certification of physician assistants will be restricted to work under the direct supervision of the supervising physician.
(h) A physician assistant who has been issued a temporary license shall, within thirty days of receipt of written notice from the national commission on certification of physician assistants of his or her performance on the certifying examination, notify the board in writing of his or her results. In the event of failure of that examination, the temporary license shall expire and terminate automatically and the board shall so notify the physician assistant in writing.
~~(g)~~(I) Any physician applying to the board to supervise a physician assistant shall affirm that the range of medical services set forth in the physician assistant's job description are consistent with the skills and training of the supervising physician and the physician assistant. Before a physician assistant can be employed or otherwise use his or her skills, the supervising physician and the physician assistant must obtain approval of the job description from the board. The board may revoke or suspend any license of an assistant to a physician for cause, after giving that assistant an opportunity to be heard in the manner provided by article five, chapter twenty-nine-a of this code and as set forth in rules duly adopted by the board.
~~(h)~~(j) The supervising physician is responsible for observing, directing and evaluating the work, records and practices of each physician assistant performing under his or her supervision. He or she shall notify the board in writing of any termination of his or her supervisory relationship with a physician assistant within ten days of the termination. The legal responsibility for any physician assistant remains with the supervising physician at all times, including occasions when the assistant under his or her direction and supervision, aids in the care and treatment of a patient in a health care facility.
In his or her absence, a supervising physician must designate an alternate supervising physician, however, the legal responsibility remains with the supervising physician at all times. A health care facility is not legally responsible for the actions or omissions of the physician assistant unless the physician assistant is an employee of the facility.
~~(i)~~(k) The acts or omissions of a physician assistant employed by health care facilities providing inpatient or outpatient services shall be the legal responsibility of the facilities. Physician assistants employed by facilities in staff positions shall be supervised by a permanently licensed physician.
~~(j)~~(l) A health care facility shall report in writing to the board within sixty days after the completion of the facility's formal disciplinary procedure, and also after the commencement, and again after the conclusion, of any resulting legal action, the name of any physician assistant practicing in the facility whose privileges at the facility have been revoked, restricted, reduced or terminated for any cause including resignation, together with all pertinent information relating to the action. The health care facility shall also report any other formal disciplinary action taken against any physician assistant by the facility relating to professional ethics, medical incompetence, medical malpractice, moral turpitude or drug or alcohol abuse. Temporary suspension for failure to maintain records on a timely basis or failure to attend staff or section meetings need not be reported.
~~(k)~~(m) When functioning as a physician assistant, the physician assistant shall wear a name tag that identifies him or her as a physician assistant. A two and one-half by three and one-half inch card of identification shall be furnished by the board upon licensure of the physician assistant.
~~(l)~~ (n) A physician assistant may write or sign prescriptions or transmit prescriptions by word of mouth, telephone or other means of communication at the direction of his or her supervising physician. The board shall promulgate rules pursuant to the provisions of article three, chapter twenty-nine-a of this code governing the eligibility and extent to which a physician assistant may prescribe at the direction of the supervising physician. The rules shall include, but not be limited to, the following:
(1) Provisions for approving a state formulary classifying pharmacologic categories of drugs that may be prescribed by a physician assistant:
(A) The following categories of drugs shall be excluded from the formulary: Schedules I and II of the uniform controlled substances act, anticoagulants, antineoplastic, radiopharmaceuticals, general anesthetics and radiographic contrast materials;
(B) Drugs listed under Schedule III shall be limited to a 72-hour supply without refill; and
(C) Categories of other drugs may be excluded as determined by the board;
(2) All pharmacological categories of drugs to be prescribed by a physician assistant shall be listed in each job description submitted to the board as required in subsection ~~(g)~~ (i) of this section;
(3) The maximum dosage a physician assistant may prescribe;
(4) A requirement that to be eligible for prescription privileges, a physician assistant shall have performed patient care services for a minimum of two years immediately preceding the submission to the board of the job description containing prescription privileges and shall have successfully completed an accredited course of instruction in clinical pharmacology approved by the board; and
(5) A requirement that to maintain prescription privileges, a physician assistant shall continue to maintain national certification as a physician assistant, and in meeting the national certification requirements shall complete a minimum of ten hours of continuing education in rational drug therapy in each certification period. Nothing in this subsection shall be construed to permit a physician assistant to independently prescribe or dispense drugs.
~~(m)~~(o) A supervising physician may not supervise at any one time more than three full-time physician assistants or their equivalent, except that a physician may supervise up to four hospital- employed physician assistants. No physician shall supervise more than four physician assistants at any one time.
(p) A physician assistant may not sign any prescription, except in the case of an authorized physician assistant at the direction of his or her supervising physician in accordance with the provisions of subsection ~~(l)~~ (n) of this section. A physician assistant may not perform any service that his or her supervising physician is not qualified to perform. A physician assistant may not perform any service that is not included in his or her job description and approved by the board as provided for in this section.
(q) The provisions of this section do not authorize any physician assistant to perform any specific function or duty delegated by this code to those persons licensed as chiropractors, dentists, dental hygienists, optometrists or pharmacists or certified as nurse anesthetists.
~~(n)~~(r) Each application for licensure submitted by a licensed supervising physician under this section is to be accompanied by a fee of one hundred dollars. A fee of fifty dollars is to be charged for the biennial renewal of the license. A fee of twenty-five dollars is to be charged for any change of supervising physician.
~~(o)~~ ~~Beginning with the biennial renewal forms completed by physician assistants and submitted to the board in the year one thousand nine hundred ninety-three,~~
(s) As a condition of renewal of physician assistant license, each physician assistant shall provide written documentation ~~pursuant to rules promulgated by the board in accordance with chapter twenty-nine-a of this code~~ of participation in and successful completion during the preceding two-year period of continuing education, in the number of hours specified by the board by rule, designated as Category I by the American Medical Association, American Academy of Physician Assistants or the Academy of Family Physicians, and continuing education, in the number of hours specified by the board by rule, designated as Category II by the association or either academy.
(t) Notwithstanding any provision of this chapter to the contrary, beginning the first day of July, two thousand seven, failure to timely submit the required written documentation shall result in the automatic ~~suspension~~ expiration of any license as a physician assistant until the written documentation is submitted to and approved by the board.
(u) If a license is automatically expired and reinstatement is sought within one year of the automatic expiration, the former licensee shall:
(1) Provide certification with supporting written documentation of the successful completion of the required continuing education;
(2) Pay a renewal fee; and
(3) Pay a reinstatement fee equal to fifty percent of the renewal fee.
(v) If a license is automatically expired and more than one year has passed since the automatic expiration, the former licensee shall:
(1) Apply for a new license;
(2) Provide certification with supporting written documentation of the successful completion of the required continuing education; and
(3) Pay such fees as determined by the board.
~~(p)~~(w) It is unlawful for any physician assistant to represent to any person that he or she is a physician, surgeon or podiatrist. Any person who violates the provisions of this subsection is guilty of a felony and, upon conviction thereof, shall be imprisoned in the penitentiary for not less than one nor more than two years, or be fined not more than two thousand dollars, or both fined and imprisoned.
~~(q)~~(x) All physician assistants holding valid certificates issued by the board prior to the first day of July, one thousand nine hundred ninety-two, shall be considered to be licensed under this section."
And,
By amending the enacting section to read as follows:
"That §30-3-9,§30-3-12 and 30-3-16 of the Code of West Virginia,1931, as amended be amended and reenacted; that said code be amended by adding thereto a new article, designated §30- 3D-1, §30-3D-2 and §30-3D-3, and that said code be amended by adding thereto a new section, designated §30-14-11a, all to read as follows" followed by a colon.
The bill was then ordered to third reading.
S. B. 588 - "Removing tax expiration date on manufacturing or production of synthetic fuel from coal"; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page five, section two-f, line sixty, following the word "county" by striking out the words "for at least one hundred eighty days".
The bill was then ordered to third reading.
S. B. 615 - "Authorizing certain municipalities to enter into contracts for electric power purchase"; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page one, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:

"ARTICLE 19. MUNICIPAL AND COUNTY WATERWORKS AND ELECTRIC POWER SYSTEMS.

§8-19-2. Contracts for purchase of electric power or energy by a municipality; definitions; requirements; payments; rates and charges.

(a) For the purposes of this section:
(1) 'Contract' means an agreement entered into by a municipality with any other party for the purchase of electric output, capacity or energy from a project as defined herein.
(2) 'Any other party' means any other legal entity, including, but not limited to, another municipality, political subdivision, public authority, agency or instrumentality of any state or the United States, a partnership, a limited partnership, a limited liability company, a corporation, an electric cooperative or an investor owned utility existing under the laws of any state; and
(3) 'Project' or 'projects' means systems or facilities owned by another party and used for the generation, transmission, transformation or supply of electric power, or any interest in them, whether an undivided interest as a tenant in common or otherwise, or any right to the output, capacity or services thereof.
(b) In addition to the general authority to purchase electricity on a wholesale basis for resale to its customers, any municipality that owns and operates an electric power system under the provisions of this article may enter into a contract with any other party for the purchase of electricity from one or more projects located in the United States that provide that the contracting municipality is obligated to make payments required by the contract whether or not a project is completed, operable or operating, and notwithstanding the suspension, interruption, interference, reduction or curtailment of the output of a project or the power and energy contracted for, and that the payments shall not be subject to any reduction, whether by offset or otherwise, and shall not be conditioned upon performance or nonperformance by any other party. The contract may provide that, in the event of a default by the municipality or any other party to the contract in the performance of each entities' obligations under the contract, any non defaulting municipality or any other party to the contract shall on a pro rata basis succeed to the rights and interests of, and assume the obligations of, the defaulting party.
(c) Notwithstanding any other provisions of law, ordinance or charter provision to the contrary, a contract under subsection (b) of this section may extend for more than fifty years or fifty years from the date a project is estimated to be placed into normal continuous operation, and the execution and effectiveness of the contract is not subject to any authorizations or approvals by the state or any agency, commission, instrumentality or political subdivision thereof except as otherwise specifically required by law.
(d) A contract under subsection (b) of this section may provide that payments by the municipality are made solely from and may be secured by a pledge of and lien upon revenues derived by the municipality from ownership and operation, and that payments shall constitute an operating expense of the electric power system. No obligation under the contract shall constitute a legal or equitable pledge, charge, lien or encumbrance upon any property of the municipality or upon any of its income, receipts or revenues, except the revenues of the municipality's electric power system. Neither the faith and credit nor the taxing power of the municipality shall be pledged for the payment of any obligation under the contract.
(e) A municipality contracting under the provisions of subsection (b) of this section is obligated to fix, charge and collect rents, rates, fees and charges for electric power and energy and other services it sells, furnishes or supplies through its electric power system in an amount sufficient to provide revenues adequate to meet its obligations under the contract and to pay any and all other amounts payable from or constituting a charge and lien upon the revenues, including the amounts necessary to pay the principal and interest on any municipal bonds issued related to its electric power system: Provided, That any change in the rates and charges of the municipality to the customers of the electric power system under the provisions of this section are subject to the provisions and requirements of section four-b, article two, chapter twenty-four of this code and the obligations of the municipality under the contract are costs of providing electric service within the meaning of that section."
The bill was then ordered to third reading.
S. B. 708, Modifying registration requirements of charities; on second reading, coming up in regular order, was read a second time and ordered to third reading.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for S. B. 68, Improving coal mine health and safety,
Com. Sub. for S. B. 69, Authorizing electronically transmitted prescription orders,
Com. Sub. for S. B. 100, Requiring local school boards reimburse mileage to school service personnel using own vehicle,
Com. Sub. for S. B. 121, Tolling state licensure or registration requirements for active duty military personnel,
Com. Sub. for S. B. 175, Creating Clandestine Drug Laboratory Remediation Act,
Com. Sub. for S. B. 185, Creating Tobacco Settlement Finance Authority,
S. B. 203, Creating Purchasing Improvement Fund,
S. B. 204, Assessing cost of petit juries in magistrate court,
Com. Sub. for S. B. 319, Authorizing miscellaneous boards and agencies promulgate legislative rules,
S. B. 388, Relating to medical support provisions in child support orders,
S. B. 405, Relating to direct deposit payment,
S. B. 438, Relating to Investment Management Board,
Com. Sub. for S. B. 465, Establishing Dam Safety Rehabilitation Revolving Fund,
Com. Sub. for S. B. 475, Allowing appellant file stay with Board of Zoning Appeals,
S. B. 505, Relating to State Police Death, Disability and Retirement Fund,
Com. Sub. for S. B. 528, Depositing certain pesticide license fees into Pesticide Control Fund,
S. B. 542, Authorizing rules for Higher Education Policy Commission and Council for Community and Technical College Education,
S. B. 557, Relating to judicial review of juvenile proceedings,
S. B. 568, Requiring automobile insurers reduce premium charges for persons fifty years of age or older,
Com. Sub. for S. B. 582, Creating Real Estate Division in Department of Administration,
S. B. 589, Expanding powers and duties of Director of Personnel,
S. B. 593, Making supplemental appropriation to Board of Pharmacy,
Com. Sub. for S. B. 599, Eliminating early resignation notification bonus for certain teachers;
Com. Sub. for S. B. 678, Eliminating certain taxes for production and severance of coalbed methane,
Com. Sub. for S. B. 709, Authorizing circuit courts grant custodial and noncustodial improvement periods to certain juveniles,
S. B. 746, Requiring Director of Division of Personnel report on centralized personnel system,
And,
S. B. 748, Relating to structuring Electronic Telecommunication Open Infrastructure Act.
Delegate Hamilton asked and obtained unanimous consent that the remarks of Delegates Webster and Staggers regarding Com. Sub. for S. B. 411 be printed in the Appendix to the Journal.
Delegate Border asked and obtained unanimous consent that the remarks of Delegate Schoen regarding Com. Sub. for S. B. 70 be printed in the Appendix to the Journal.
At 1:20 p.m., on motion of Delegate DeLong, the House of Delegates recessed until 6:00 p.m., and reconvened at that time.
* * * * * * * * * * * *
Evening Session
* * * * * * * * * * * *
At the request of Delegate DeLong, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.
Committee Reports
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:

Com. Sub. for S. B. 67, Relating to school access safety generally,

Com. Sub. for S. B. 393, Creating Marketing and Communications Fund,

S. B. 403, Increasing sealed bids' limitation for certain purchases and contracts by ambulance service authorities,
Com. Sub. for S. B. 529, Prohibiting requirement that sexual offense victims pay costs of forensic examination,
Com. Sub. for S. B. 541, Relating to public school finance,
S. B. 690, Exempting consumers sales and service tax on highway construction and maintenance materials,
S. B. 707, Increasing jail processing fee amount,
And,
Com. Sub. for S. B. 738, Requiring WV Parkways, Economic Development and Tourism Authority present proposed toll revision to Joint Committee on Government and Finance,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended.
Chairman Poling, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
S. B. 667, Creating WV Andrew J. Trail Purple Heart Recipient College Bill of Rights Act of 2007,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (S. B. 667) to the Committee on Finance was abrogated.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 278, Authorizing Department of Health and Human Resources promulgate legislative rules,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 2007, Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article six of the Constitution,
And reports back a committee substitute therefor, with the same new title, as follows:
Com. Sub. for H. B. 2007 - "A Bill making appropriations of public money out of the Treasury in accordance with section fifty-one, article VI of the Constitution,"
With the recommendation that the committee substitute do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
S. B. 371, Exempting certain professional services from consumers sales and service tax, And reports the same back with the recommendation that it do pass.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 21, Restricting licensee's work until adverse judgment satisfied,
And,
S. B. 611, Relating to Division of Natural Resources' long-term contracts with third parties,
And reports the same back with the recommendation that they each do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
S. B. 406, Including qualified continuing care retirement communities under Tax Limitations Amendment provisions,
And,
S. B. 425, Relating to Water Pollution Control Revolving Fund loans,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 361, Establishing work programs for qualified inmates,
And,
Com. Sub. for S. B. 601, Revising provisions governing motor vehicle dealers' establishment or relocation,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended.
Chairman Poling, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
S. B. 657, Requiring State Board of Education incorporate 21st Century Skills Initiative into certain standards,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 2718, Authorizing West Virginia Lottery Table Games at State Racetracks.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
S. B. 134, Requiring employers provide contribution information to State Teachers Retirement System.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
S. B. 180, Offering tax-free distributions from certain retirement plans to pay certain premiums for public safety officers.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
Com. Sub. for S. B. 181, Relating to per diem compensation of Board of Banking and Financial Institutions' members.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
S. B. 387, Guaranteeing certain veterans bronze military grave markers.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
S. B. 413, Clarifying procedures for seizing abandoned, neglected or cruelly treated animals.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
Com. Sub. for S. B. 414, Establishing flat fee for certain services by circuit clerks.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
S. B. 489, Relating to PROMISE scholarship graduates report to Legislative Oversight Commission on Work Force Investment for Economic Development.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had concurred in the amendments of the House, and the passage, and had amended the House title, as to
Com. Sub. for S. B. 512, Prohibiting requirement of polygraph examination in certain sexual offense allegations.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page one, by amending the title of the bill to read as follows:
Com. Sub. for S. B. 512 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §62-6-8, relating to prohibiting law-enforcement officers or prosecutors from asking or requiring an adult, youth or child victim of an alleged sexual offense to submit to a polygraph examination or other truth testing device as a condition for proceeding with the investigation of the offense; and establishing that refusal to undergo such testing shall not prevent investigation of the offense."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate title amendment.
The bill, as amended by the House, and as further amended by the Senate, was then put upon its passage.
On passage of the bill, the yeas and nays were taken (Roll No. 311), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
Absent And Not Voting: Michael, Morgan, Reynolds, Spencer, Stephens and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 512) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to concur in the amendment of the House of Delegates and requested the House to recede from its amendment to
Com. Sub. for S. B. 603, Establishing 21st Century Tools for 21st Century Schools Technology Initiative.
On motion of Delegate Staton, the House of Delegates refused to recede from its amendment and requested the Senate to agree to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the following:
Delegates Browning, Perry and Duke.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
Com. Sub. for S. B. 641, Defining term "PSC motor carrier inspectors and enforcement officers" for criminal provisions purposes.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 28 - "Designating the month of December, 2007, as West Virginia Legislature's Back to School Month."
Whereas, West Virginia was created as a representative democracy in which all governmental power is inherent in the people who exercise that power through the legislative, executive and judicial branches; and
Whereas, In recent years, citizen interest in government and knowledge of the political system has declined, in part, due to a weakening belief in, and a lack of understanding of, the virtues and knowledge needed for a successful democratic form of government; and
Whereas, Benjamin Rush, signer of the Declaration of Independence, stated, "There is but one method of rendering a republican form of government durable, and that is by disseminating the seeds of virtue and knowledge through every part of the state by means of proper places and modes of education and this can be done effectively only by the aid of the Legislature"; and
Whereas, The National Conference of State Legislatures (NCSL) has adopted a resolution which states that the operation of state legislatures and the roles of individual legislators are often little understood by citizens and that public understanding of the institutions and processes of the government is critical to building public trust and confidence; and
Whereas, The NCSL resolution also states that state legislatures need to bring about better understanding of the concept of representative democracy and should emphasize the importance of compromise and the difficulty of resolving competing interests in a diverse society; and
Whereas, Civic education is a vital tool to promote greater understanding of the legislative institution and the role of legislators in representative democracy; and
Whereas, The NCSL urges state legislatures to promote civic education about representative democracy; and
Whereas, The NCSL has established America's Legislators Back to School Program, a national event in which state legislators across the nation visit schools and classrooms to talk about the legislature and to observe activities in the schools; and
Whereas, To meet the specific civic education needs of the students of West Virginia, the West Virginia Legislature developed the West Virginia Legislature's Back to School Program, modeled and supported by the NCSL's America's Legislators Back to School Program; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby designates the month of December, 2007, as West Virginia Legislature's Back to School Month; and, be it
Further Resolved, That the Legislature hereby supports civic education to promote greater understanding of the legislative institution and the role of legislators in a representative democracy; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the National Conference of State Legislatures.
Leaves of Absence
At the request of Delegate DeLong, and by unanimous consent, leave of absence for the day was granted Delegate Ron Thompson.
At 6:27 p.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, March 7, 2007.