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Saturday, March 10, 2007

SIXTIETH 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 Friday, March 9, 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. 33, Urging legislative support of communities within the state who are committed to delivering the five fundamental resources of America's Promise to West Virginia's youth,
H. C. R. 58, Requesting th Joint Committee on Government and Finance direct the Legislative Oversight Commission on Health and Human Resources Accountability study rebalancing the long-term care system,
H. C. R. 79, Requesting the Joint Committee on Government and Finance to study West Virginia's costs for incarceration,
And,
H. C. R. 91, Requesting the Joint Committee on Government and Finance to make a study on minimizing the school bus transportation times for students in the pre-kindergarten and elementary grade,
And reports the same back with the recommendation that they each be adopted.
At the respective requests of Delegate DeLong, and by unanimous consent, H. C. R. 33 was taken up for immediate consideration and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
At the respective requests of Delegate DeLong, and by unanimous consent, H. C. R. 58 was taken up for immediate consideration and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
At the respective requests of Delegate DeLong, and by unanimous consent, H. C. R. 79 was taken up for immediate consideration and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
At the respective requests of Delegate DeLong, and by unanimous consent, H. C. R. 91 was taken up for immediate consideration and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Messages from the Executive

Mr. Speaker, Mr. Thompson, laid before the House a communication from His Excellency, the Governor, which was read by the Clerk as follows:
State of West Virginia

EXECUTIVE DEPARTMENT

At Charleston

March 9, 2007

Executive Message No. 3
2007 Regular Session
The Honorable Richard Thompson
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia 25305
Dear Mr. Speaker:
As empowered by Section 11, Article VII of the Constitution of the State of West Virginia and section sixteen, article one, chapter five of the Code of West Virginia, I extended relief to the persons named on the attached report. I submit this report in accordance with the above-cited provisions for the period March 11, 2006 through March 9, 2007.
Very truly yours,
Joe Manchin III
Governor.
PARDONS AND MEDICAL RESPITES GRANTED

BY GOVERNOR JOE MANCHIN III


FOR THE PERIOD MARCH 11, 2006 THROUGH MARCH 9, 2007

Mlotok, Bianca Nathali

Decided August 8, 2006

In 1994, Ms. Mlotok pleaded guilty to four misdemeanor counts of Aiding and Abetting the Fraudulent Use of Credit Card. On October 22, 1994, she was sentenced by the Magistrate Court of Monongalia County to four twelve-hour jail terms to be served concurrently and was assessed fines and costs. Ms. Mlotok successfully fulfilled the terms imposed on her by the court. Since that time, Ms. Mlotok has maintained herself as a responsible, law-abiding citizen, leading a productive and contributing lifestyle. The West Virginia Parole Board unanimously recommended that Ms. Mlotok be granted a full, unconditional and complete pardon.
For these reasons, Governor Manchin granted a full, unconditional and complete pardon to Bianca Nathali Mlotok for the offense of Aiding and Abetting the Fraudulent Use of a Credit Card.
Terango, Michael Anthony

Decided August 8, 2006

In 1995, Mr. Terango was found guilty of one misdemeanor count of Shoplifting First Offense. On February 21, 1995, he was assessed fines and costs by the Municipal Court, City of Morgantown. Mr. Terango fulfilled the requirements of the court. Since that time, Mr. Terango has maintained himself as a responsible, law-abiding citizen, leading a productive and contributing lifestyle. The West Virginia Parole Board unanimously recommended that Mr. Terango be granted a full, unconditional and complete pardon.
For these reasons, Governor Manchin granted a full, unconditional and complete pardon to Michael Anthony Terango for the offense of Shoplifting First Offense.
NO MEDICATE RESPITES WERE GRANTED DURING THIS PERIOD

Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:
H. C. R. 48, Requesting the Joint Committee on Government and Finance to study sustainable funding methods to conserve land important to West Virginia's natural resources and economy.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 2348, Prohibiting the seizure of lawfully carried firearms during a proclaimed state of emergency.
A message from the Senate, by
The Clerk of the Senate, announced the concurrence by the Senate in the House title amendment to the Senate amendment, and the passage, as amended, of
Com. Sub. for H. B. 2777, Relating to compensation of public school teachers and school personnel.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had agreed to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses as to
Com. Sub. for S. B. 67, Relating to school access safety generally.
The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:
Senators Green, Stollings and Hall.
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. 319, Authorizing miscellaneous boards and agencies promulgate legislative rules.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had agreed to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses as to
S. B. 438, Relating to Investment Management Board.
The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:
Senators Foster, McCabe and Hall.
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. 441, Relating to wind power projects tax treatment.
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. 521, Relating to civil penalties issued for criminal and civil violations in Hatfield-McCoy Regional Recreation Area.
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. 523, Consolidating and eliminating certain Division of Motor Vehicles' fees.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had agreed to the appointment of a Committee of Conference of five from each house on the disagreeing votes of the two houses as to
Com. Sub. for S. B. 541, Relating to public school finance.
The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:
Senators Plymale, Edgell, Bailey, Wells and Boley.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had agreed to the appointment of a Committee of Conference of five from each house on the disagreeing votes of the two houses as to
S. B. 589, Expanding powers and duties of Director of Personnel.
The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:
Senators McCabe, Jenkins, Edgell, Barnes and Boley.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had agreed to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses as to
S. B. 657, Requiring State Board of Education incorporate 21st Century Skills Initiative into certain standards.
The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:
Senators Bailey, White and Guills.
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. 713, Relating to campaign finance filings.
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. 2048, Clarifying public library board service areas as determined by the Library Commission.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 1. PUBLIC LIBRARIES.
§10-1-5. Board of library directors -- Qualifications; term of office; vacancies; removal; no compensation.

(a) Whenever a public library is established under this article, the governing authority or authorities shall appoint a board of five directors with five members chosen with reference to their fitness for such office, from:
(1) The citizens at large of the library's service area, as determined by the Library Commission; or
(2)
The county in which the library is located. such governmental division or divisions with reference to their fitness for such office, except that
(b) The board of directors in for a regional library the board of directors shall consist of not less than five nor more than ten members, with a minimum of one member from each county in the region. The total number of directors and the apportionment of directors by county to shall be determined by joint action of the governing authorities concerned.
(c) In either case directors shall hold The term of office for a director is five years from the first day of July following their the appointment. Directors may only serve two consecutive terms, and may serve until their successors are appointed and qualified.
(d) Provided, That upon their first appointment For a new board of directors under this article, the initial appointment of the directors a proportionate number shall be appointed for one year, for two years, for three years, for four years and for five years staggered. and Thereafter all appointments shall be for terms of five years.
(e) Vacancies in the board shall be immediately reported by the board to the governing authority and filled by appointment in like manner, and, if. Vacancies for an unexpired term shall be immediately reported by the board to the governing authority and filled by appointment for the remainder of the term only.
(f) A director may be removed for just cause in the manner provided by the bylaws of the library board.
(g) No compensation shall be paid or allowed to any director."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 442), 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: Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2048) 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 passed, with amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 2527, Revising the sunrise review process.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page five, section three, line three, after the word "group", by inserting the words "or organization".
On page eight, after section five, by adding a new section, designated section six, to read as follows:
"§30-1A-6. Article construction.
(a) Nothing in this article shall be construed as limiting or interfering with the right of any member of the Legislature to introduce or of the Legislature to consider any bill that would create a new state governmental department or agency or amend the law with respect to an existing one.
(b) Notwithstanding the provisions of subsection (a) of this section, the recommendations of the Joint Standing Committee on Government Organization are to be given considerable weight in determining if a profession or occupation should be regulated, or if the scope of practice of a regulated profession or occupation should be revised or expanded."
On page one, by amending the enacting section, to read as follows:
"That §30-1A-2a of the Code of West Virginia, 1931, as amended, be repealed; and that §30- 1A-2, §30-1A-3, §30-1A-5 and §30-1A-6 of said code be amended and reenacted, all to read as follows" followed by a colon.
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 2527 - "A Bill to repeal §30-1A-2a of the Code of West Virginia, 1931, as amended; and to amend and reenact §30-1A-2, §30-1A-3, §30-1A-5 and §30-1A-6 of said code, all relating to sunrise law; requiring applications for substantial revision or expansion of the scope of practice of regulated professions and occupations; modifying the criteria to be considered in the decision to regulate a profession or occupation; requiring certain findings in the sunrise report; requiring re-application if the Joint Standing Committee on Government Organization does not approve the application; and requiring that weight be given to the recommendations of the Joint Standing Committee on Government Organization."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 443), 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: Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2527) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 444), 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: Talbott 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 (Com. Sub. for H. B. 2527) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 2498, Relating to sexual offenses involving children.
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 striking out everything after the enacting clause and inserting in lieu thereof the following:
"That §21-5F-2, §21-5F-3 and §21-5F-4 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 5F. NURSE OVERTIME AND PATIENT SAFETY ACT.
§21-5F-2. Definitions.
For the purposes of this article:
(1) Hospital, means a facility licensed under the provisions of article five-b, chapter sixteen of this code, but does not include hospitals operated by state or federal agencies.
(2) Nurse means a certified or licensed practical nurse or a registered nurse who is providing nursing services and is involved in direct patient care activities or clinical services, but does not include certified nurse anesthetists. Nurse managers are included with respect to their delivery of in-hospital patient care, but this is in no way intended to impact on their 24-hour management responsibility for a unit, area or service.
(3) Overtime means the hours worked in excess of an agreed upon, predetermined, regularly scheduled shift.
(4) Taking action against means discharging; disciplining; threatening; reporting to the board of nursing; discriminating against; or penalizing regarding compensation, terms, conditions, location or privileges of employment.
(5) Unforeseen emergent situation means an unusual, unpredictable or unforeseen circumstance such as, but not limited to, an act of terrorism, a disease outbreak, adverse weather conditions or natural disasters. An unforeseen emergent situation does not include situations in which the hospital has reasonable knowledge of increased patient volume or decreased staffing, including, but not limited to, scheduled vacations and scheduled health care worker medical leave.
§21-5F-3. Hospital nursing overtime limitations and requirements.
(a) Except as provided in subsections (b), (c), (d), (e) and (f) of this section, a hospital is prohibited from mandating a nurse, directly or through coercion, to accept an assignment of overtime and is prohibited from taking action against a nurse solely on the grounds that the nurse refuses to accept an assignment of overtime at the facility if the nurse declines to work additional hours because doing so may, in the nurse's judgment, jeopardize patient or employee safety.
(b) Notwithstanding subsections (a) and (g) of this section, a nurse may be scheduled for duty or mandated to continue on duty in overtime status in an unforeseen emergent situation that jeopardizes patient safety.
(c) Subsections (a) and (g) of this section do not apply when a nurse may be required to fulfill prescheduled on-call time, but nothing in this article shall be construed to permit an employer to use on-call time as a substitute for mandatory overtime.
(d) Notwithstanding subsections (a) and (g) of this section, a nurse may be required to work overtime to complete a single patient care procedure already in progress, but nothing in this article shall be construed to permit an employer to use a staffing pattern as a means to require a nurse to complete a procedure as a substitute for mandatory overtime.
(e) Subsection (a) of this section does not apply when a collective bargaining agreement is in place between nurses and the hospital which is intended to substitute for the provisions of this article by incorporating a procedure for the hospital to require overtime.
(f) Subsection (a) of this section does not apply to voluntary overtime.
(g) In the interest of patient safety, any nurse who works twelve or more consecutive hours, as permitted by this section, shall be allowed at least eight consecutive hours of off-duty time immediately following the completion of the shift. Except as provided in subsections (b), (c) and (d) of this section, no nurse shall work more than sixteen hours in a twenty-four hour period. The nurse is responsible for informing the employer hospital of other employment experience during the twenty-four hour period in question if this provision is to be invoked. To the extent that an on-call nurse has actually worked sixteen hours in a hospital, efforts shall be made by the hospital to find a replacement nurse to work.
Each hospital shall designate an anonymous process for patients and nurses to make staffing complaints related to patient safety.
(h) Each hospital shall post, in one or more conspicuous places where notices to nurses are customarily posted, a notice in a form approved by the commissioner setting forth a nurse's rights under this article.
§21-5F-4. Enforcement; offenses and penalties.
(a) Pursuant to the powers set forth in article one of this chapter, the commissioner of labor is charged with the enforcement of this article. The commissioner shall propose legislative and procedural rules in accordance with the provisions of article three, chapter twenty-nine-a of this code to establish procedures for enforcement of this article. These rules shall include, but are not limited to, provisions to protect due process requirements, a hearings procedure and an appeals procedure, and a notification procedure, including any signs that must be posted by the facility.
(b) Any complaint must be filed with the commissioner of labor regarding an alleged violation of the provisions of this article must be made within thirty days following the occurrence of the incident giving rise to the alleged violation. Notification of the alleged violation must be forwarded to the hospital in question within three business days of filing. The Commissioner of Labor shall keep each complaint anonymous until the commissioner finds that it has merit. The commissioner shall establish a process for notifying a hospital of a complaint.
(c) The administrative penalty for the first violation of this article shall be is a reprimand.
(d) The administrative penalty for the second offense of this article shall be is a reprimand and a fine not to exceed five hundred dollars.
(e) The administrative penalty for the third and subsequent offenses shall have is a fine of not less than two thousand five hundred dollars and not more than five thousand dollars for each violation.
(f) To be eligible to be charged of a second offense or third offense under this section, the subsequent offense must occur within twelve months of the prior offense.
(g)(1) All moneys paid as administrative penalties pursuant to this section shall be deposited into the Health Care Cost Review Fund provided by section eight, article twenty-nine-b, chapter sixteen of this code.
(2) In addition to other purposes for which funds may be expended from the Health Care Cost Review Fund, the West Virginia Health Care Authority shall expend moneys from the fund, in amounts up to but not exceeding amounts received pursuant to subdivision (1) of this subsection, for the following activities in the State of West Virginia:
(A) Establishment of scholarships in medical schools;
(B) Establishment of scholarships for nurses training;
(C) Establishment of scholarships in the public health field;
(D) Grants to finance research in the field of drug addiction and development of cures therefor;
(E) Grants to public institutions devoted to the care and treatment of narcotic addicts; and
(F) Grants for public health research, education and care."
On motion of Delegate DeLong, the House refused to concur in the Senate amendment and requested the Senate to recede therefrom.
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 that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 2544, Increasing the penalty for driving under the influence causing death.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page two, section two, line twenty, by striking out the word "three" and inserting in lieu thereof the word "two".
And,
On page two, section two, line twenty-one, by striking out the word "fifteen" and inserting in lieu thereof the word "ten".
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 445), 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: Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2544) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Delegates Armstead and Carmichael requested that the Clerk record him in the Journal as voting "Nay" on the motion to concur in the Senate amendment to Com. Sub. for H. B. 2544.
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. 2747, Regulating plumbers and fire protection workers.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"CHAPTER 21. LABOR.

ARTICLE 14. SUPERVISION OF PLUMBING WORK.
§21-14-1. Declaration of purpose.
The provisions of this article are intended to protect the health, safety and welfare of the public as well as public and private property by assuring the competence of those who perform plumbing through licensure by the Commissioner of Labor.
§21-14-2. Definitions.
As used in this article:
(a) License means a valid and current license issued by the Commissioner of Labor in accordance with the provisions of this article.
(b) Journeyman plumber means a person qualified by at least eight thousand hours of plumbing or related experience and who is competent to instruct and supervise the work of a plumber in training.
(c) Master plumber means a person with at least twelve thousand hours of plumbing work experience and who is competent to design plumbing systems, and to instruct and supervise the plumbing work of journeyman plumbers, and plumbers in training.
(d) Plumber in training means a person with interest in and an aptitude for performing plumbing work but who alone is not capable of performing plumbing work, and who has fewer than eight thousand hours of plumbing experience.
(e) Plumbing means the practice, materials and fixtures utilized within a building in the installation, extension and alteration of all piping, fixtures, water treatment devices, plumbing appliances and appurtenances, in connection with sanitary drainage or storm drainage facilities; the plumbing venting systems; medical gas systems; fuel oil and gas piping for residential, commercial and institutional facilities; backflow preventers; and public or private water supply systems, as defined by the state building code.
(f) Single family dwelling means a building which is occupied as, or designed or intended for occupancy as, a single residence for one or more persons.
§21-14-3. License required; exemptions.
(a) On and after the first day of January, two thousand nine, a person performing or offering to perform plumbing work in this state shall have a license issued by the Commissioner of Labor, in accordance with the provisions of this article.
(b) A person licensed under this article must carry a copy of the license on any job in which plumbing work is being performed.
(c) This article does not apply to:
(1) A person who personally performs plumbing work on a single family dwelling owned or leased by that person or by a member of that person's immediate family;
(2) A person who performs plumbing at any manufacturing plant or other industrial establishment as an employee of the person, firm or corporation operating the plant or establishment;
(3) A person who performs plumbing work while employed by an employer who engages in the business of selling appliances at retail, so long as such plumbing work is performed incidental to the installation or repair of appliances sold by the employer;
(4) A person who, while employed by a public utility or its affiliate, performs plumbing in connection with the furnishing of public utility service;
(5) A person who performs plumbing work while engaging in the business of installing, altering or repairing water distribution or drainage lines outside the foundation walls of a building, public or private sewage treatment or water treatment systems including all associated structures or buildings, sewers or underground utility services;
(6) A person who performs plumbing work while engaged in the installation, extension, dismantling, adjustment, repair, servicing or alteration of a heating ventilation and air conditioning (HVAC) system, air-veyor system, air exhaust system or air handling system;
(7) A person who performs plumbing work at a coal mine that is being actively mined or where coal is being processed; or
(8) A person who performs plumbing work at manufacturing, industrial and natural gas facilities.
§21-14-4. Rule-making authority.
The Commissioner of Labor shall propose rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, for the implementation and enforcement of the provisions of this article, which shall provide:
(1) Standards and procedures for issuing and renewing licenses, including classifications of licenses as defined in this article, applications, examinations and qualifications;
(2) Provisions for the granting of licenses without examination, to applicants who present satisfactory evidence of having the expertise required to perform work at the level of the classifications defined in this article and who apply for licensure on or before the first day of July, two thousand nine: Provided, That if a license issued under the authority of this subsection subsequently lapses, the applicant is subject to all licensure requirements, including the examination;
(3) Reciprocity provisions;
(4) Procedures for investigating complaints and revoking or suspending licenses, including appeal procedures;
(5) Fees for testing, issuance and renewal of licenses, and other costs necessary to administer the provisions of this article;
(6) Enforcement procedures; and
(7) Any other rules necessary to effectuate the purposes of this article.
§21-14-5. Enforcement.
The Commissioner of Labor and his or her Deputy Commissioner or any compliance officer of the Division of Labor as authorized by the Commissioner of Labor is authorized to enforce the provisions of this article, and may, at reasonable hours, enter any building or premises where plumbing work is performed and issue cease and desist orders for noncompliance.
§21-14-6. Denial, suspension and revocation of license.
(a) The Commissioner of Labor may deny a license to any applicant who fails to comply with the rules established by the Commissioner of Labor, or who lacks the necessary qualifications.
(b) The Commissioner of Labor may, upon complaint or upon his or her own inquiry, and after notice to the licensee, suspend or revoke a licensee?s license if:
(1) The license was granted upon an application or documents supporting the application which materially misstated the terms of the applicant?s qualifications or experience;
(2) The licensee subscribed or vouched for a material misstatement in his or her application for licensure;
(3) The licensee incompetently or unsafely performs plumbing work; or
(4) The licensee violated any statute of this state, any legislative rule or any ordinance of any municipality or county of this state which protects the consumer or public against unfair, unsafe, unlawful or improper business practices.
§21-14-7. Penalties.
(a) On and after the first day of January, two thousand nine, a person performing or offering to perform plumbing work without a license issued by the Commissioner of Labor, is subject to a cease and desist order.
(b) Any person continuing to engage in plumbing work after the issuance of a cease and desist order is guilty of a misdemeanor and, upon conviction thereof, is subject to the following penalties:
(1) For the first offense, a fine of not less than two hundred dollars nor more than one thousand dollars;
(2) For the second offense, a fine of not less than five hundred dollars nor more than two thousand dollars, or confinement in jail for not more than six months, or both;
(3) For the third and subsequent offenses, a fine of not less than one thousand dollars nor more than five thousand dollars, and confinement in jail for not less than thirty days nor more than one year.
(c) A separate offense means each day, after official notice is given, that a person performs plumbing work that is unlawful or is not in compliance with the provisions of this article.
(d) The Commissioner of Labor may institute proceedings in the circuit court of the county where the alleged violation of the provisions of this article occurred or are occurring to enjoin any violation of any provision of this article. A circuit court by injunction may compel compliance with the provisions of this article, with the lawful orders of the Commissioner of Labor and with any final decision of the Commissioner of Labor. The Commissioner of Labor shall be represented in all such proceedings by the Attorney General or his or her assistants.
(e) Any person adversely affected by an action of the Commissioner of Labor may appeal the action pursuant to the provisions of chapter twenty-nine-a of this code.
§21-14-8. Inapplicability of local ordinances.
On and after the first day of January, two thousand nine, a political subdivision of this state may not require, as a condition precedent to the performance of plumbing work in the political subdivision, a person who holds a valid and current license issued under the provisions of this article, to have any other license or other evidence of competence as a plumber.
§21-14-9. Disposition of fees.
All fees paid pursuant to the provisions of this article, shall be paid to the Commissioner of Labor and deposited in a special revenue account with the State Treasurer for the use of the Commissioner of Labor to enforce the provisions of this article.
CHAPTER 29. MISCELLANEOUS BOARDS AND COMMISSIONS.

ARTICLE 3D. SUPERVISION OF FIRE PROTECTION WORK.
§29-3D-1. Declaration of purpose.
The provisions of this article are intended to protect the health, safety and welfare of the public as well as public and private property by assuring the competence of those who perform fire protection work through licensure by the State Fire Marshal.
§29-3D-2. Definitions.
As used in this article:
(a) Fire protection layout technician is an individual who has achieved National Institute for Certification in Engineering Technologies (NICET) Level III or higher certification, and who has the knowledge, experience and skills necessary to layout fire protection systems based on engineering design documents.
(b) Fire protection system means any fire protection suppression device or system designed, installed and maintained in accordance with the applicable National Fire Protection Association (NFPA) codes and standards, but does not include public or private mobile fire vehicles.
(c) Fire protection work means the installation, alteration, extension, maintenance, or testing of all piping, materials and equipment inside a building, including the use of shop drawings prepared by a fire protection layout technician, in connection with the discharge of water, other special fluids, chemicals or gases and backflow preventers for fire protection for the express purpose of extinguishing or controlling fire.
(d) Journeyman sprinkler fitter means a person qualified by at least ten thousand hours of work experience installing, adjusting, repairing and dismantling fire protection systems and who is competent to instruct and supervise the fire protection work of a sprinkler fitter in training.
(e) License means a valid and current license issued by the State Fire Marshal in accordance with the provisions of this article.
(f) Sprinkler fitter in training means a person with interest in and an aptitude for performing fire protection work but who alone is not capable of performing such work, and who has fewer than ten thousand hours of experience installing, adjusting, repairing and dismantling fire protection systems.
§29-3D-3. License required; exemptions.
(a) On and after the first day of January, two thousand nine, a person performing or offering to perform fire protection work in this state shall have a license issued by the State Fire Marshal, in accordance with the provisions of this article.
(b) A person licensed under this article must carry a copy of the license on any job in which fire protection work is being performed.
(c) This article does not apply to:
(1) A person who personally performs fire protection work on a single family dwelling owned or leased, and occupied by that person;
(2) A person who performs fire protection work at any manufacturing plant or other industrial establishment as an employee of the person, firm or corporation operating the plant or establishment;
(3) A person who, while employed by a public utility or its affiliate, performs fire protection work in connection with the furnishing of public utility service.
(4) A person who performs fire protection work while engaging in the business of installing, altering or repairing water distribution or drainage lines outside the foundation walls of a building, public or private sewage treatment or water treatment systems including all associated structures or buildings, sewers or underground utility services;
(5) A person who performs fire protection work while engaged in the installation, extension, dismantling, adjustment, repair or alteration of a heating ventilation and air conditioning (HVAC) system, air-veyor system, air exhaust system or air handling system; or
(6) A person who performs fire protection work at a coal mine that is being actively mined or where coal is being processed.
§29-3D-4. Rule-making authority.
The State Fire Marshal shall propose rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, for the implementation and enforcement of the provisions of this article, which shall provide:
(1) Standards and procedures for issuing and renewing licenses, including classifications of licenses as defined in this article, applications, examinations and qualifications;
(2) Provisions for the granting of licenses without examination, to applicants who present satisfactory evidence of having the expertise required to perform work at the level of the classifications defined in this article and who apply for licensure on or before the first day of July, two thousand nine: Provided, That if a license issued under the authority of this subsection subsequently lapses, the applicant is subject to all licensure requirements, including the examination;
(3) Reciprocity provisions;
(4) Procedures for investigating complaints and revoking or suspending licenses, including appeal procedures;
(5) Fees for testing, issuance and renewal of licenses, and other costs necessary to administer the provisions of this article;
(6) Enforcement procedures; and
(7) Any other rules necessary to effectuate the purposes of this article.
§29-3D-5. Enforcement.
The State Fire Marshal and his or her deputy fire marshal, assistant fire marshal or assistant fire marshal-in-training, is authorized to enforce the provisions of this article, and may, at reasonable hours, enter any building or premises where fire protection work is performed and issue citations for noncompliance.
§29-3D-6. Denial, suspension and revocation of license.
(a) The State Fire Marshal may deny a license to any applicant who fails to comply with the rules established by the State Fire Marshal, or who lacks the necessary qualifications.
(b) The State Fire Marshal may, upon complaint or upon his or her own inquiry, and after notice to the licensee, suspend or revoke a licensee?s license if:
(1) The license was granted upon an application or documents supporting the application which materially misstated the terms of the applicant?s qualifications or experience;
(2) The licensee subscribed or vouched for a material misstatement in his or her application for licensure;
(3) The licensee incompetently or unsafely performs plumbing or fire protection work; or
(4) The licensee violated any statute of this state, any legislative rule or any ordinance of any municipality or county of this state which protects the consumer or public against unfair, unsafe, unlawful or improper business practices.
§29-3D-7. Penalties.
(a) On and after the first day of January, two thousand nine, a person performing or offering to perform fire protection work without a license issued by the State Fire Marshal, is subject to a citation.
(b) Any person continuing to engage in fire protection work after the issuance of a citation is guilty of a misdemeanor and, upon conviction thereof, is subject to the following penalties:
(1) For the first offense, a fine of not less than two hundred dollars nor more than one thousand dollars;
(2) For the second offense, a fine of not less than five hundred dollars nor more than two thousand dollars, or confinement in jail for not more than six months, or both;
(3) For the third and subsequent offenses, a fine of not less than one thousand dollars nor more than five thousand dollars, and confinement in jail for not less than thirty days nor more than one year.
(c) A separate offense means each day, after official notice is given, that a person performs fire protection work that is unlawful or is not in compliance with the provisions of this article.
(d) The State Fire Marshal may institute proceedings in the circuit court of the county where the alleged violation of the provisions of this article occurred or are now occurring to enjoin any violation of any provision of this article. A circuit court by injunction may compel compliance with the provisions of this article, with the lawful orders of the State Fire Marshal and with any final decision of the State Fire Marshal. The State Fire Marshal shall be represented in all such proceedings by the Attorney General or his or her assistants.
(e) Any person adversely affected by an action of the State Fire Marshal may appeal the action pursuant to the provisions of chapter twenty-nine-a of this code.
§29-3D-8. Inapplicability of local ordinances.
On and after the first day of January, two thousand nine, a political subdivision of this state may not require, as a condition precedent to the performance of fire protection work in the political subdivision, a person who holds a valid and current license issued under the provisions of this article, to have any other license or other evidence of competence as a fire protection worker.
§29-3D-9. Disposition of fees.
All fees paid pursuant to the provisions of this article, shall be paid to the State Fire Marshal and deposited in a special revenue account with the State Treasurer for the use of the State Fire Marshal as provided in subsection (c), section twelve-b, article three of this chapter."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 2747 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-14-1, §21-14-2, §21-14-3, §21-14-4, §21-14-5, §21- 14-6, §21-14-7, §21-14-8 and §21-14-9; and to amend said code by adding thereto a new article, designated §29-3D-1, §29-3D-2, §29-3D-3, §29-3D-4, §29-3D-5, §29-3D-6, §29-3D-7, §29-3D-8 and §29-3D-9, all relating to regulating plumbers and fire protection workers; definitions; requiring plumbers to be licensed by the Commissioner of Labor; requiring fire protection workers to be licensed by the State Fire Marshal; exemptions from licensure; rulemaking authority for the Commissioner of Labor and the State Fire Marshal; providing enforcement procedures; criminal penalties; and providing that no political subdivision of the state may mandate additional licensing requirements."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 446), and there were--yeas 91, nays 7, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Cowles, Ireland, C. Miller, J. Miller, Overington, Romine and Sobonya.
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2747) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 447), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Talbott 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 (Com. Sub. for H. B. 2747) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 2764, Establishing criminal history checks for applicants for insurance producer licenses.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 12. INSURANCE PRODUCERS AND SOLICITORS.
§33-12-37. Authorization for criminal history record check; fees; rules.
(a) In furtherance of the national goal of promoting uniformity and reciprocity among the states with regard to producer licensing, this section sets forth the requirements to obtain access to the Federal Bureau of Investigation Criminal Justice Information Services Division criminal history record information and to secure information or reports from the Federal Bureau of Investigation Criminal Justice Information Services Division. The scope of this section is to set forth the applicability of the criminal history record check to applicants for a home state insurance producer license.
(b) As used in this section, the following terms have the meanings ascribed in this subsection, unless a different meaning is clearly required by the context:
(1) 'Applicant' means a natural person applying for:
(A) An initial home state license as an insurance producer;
(B) An additional line of authority under an existing home state insurance producer license where a criminal history record check has not been obtained; or
(C) A resident insurance producer license under change of home state provisions.
'Applicant' does not mean a person applying for renewal or continuation of a home state insurance producer license or a nonresident insurance producer license.
(2) 'Fingerprint' means an impression of the lines on the finger taken for the purpose of identification. The impression may be obtained electronically or in ink converted to an electronic format.
(c) In order to make a determination of license eligibility, the commissioner is authorized to require fingerprints of applicants and to submit the fingerprints and the fee required to perform the criminal history record checks to the West Virginia State Police and to the Federal Bureau of Investigation for the state and national criminal history record checks.
(d) The commissioner shall require a criminal history record check on each applicant in accordance with this section. The commissioner shall require each applicant to submit a full set of fingerprints, including a scanned file from a hard copy fingerprint, in order for the commissioner to obtain and receive national criminal history records from the Federal Bureau of Investigation Criminal Justice Information Services Division.
(e) The commissioner shall collect a fee from each applicant in an amount established by rule. The amount of the fee must be sufficient to cover:
(1) The cost of the collection and transmittal of fingerprints by persons, including local law enforcement agencies that are approved by the commissioner to capture fingerprints, to the West Virginia State Police and the Federal Bureau of Investigation; and
(2) The cost of any amounts charged by the State Police and the Federal Bureau of Investigation to perform the criminal history record checks.
(f) The commissioner may contract for the collection and transmission of fingerprints authorized under this section and may order that the fee for collecting and transmitting fingerprints be payable directly by the applicant to the contractor.
(g) The commissioner is authorized to receive criminal history record information directly from the Federal Bureau of Investigation, in lieu of via transmission of the information from the Federal Bureau of Investigation to the West Virginia State Police.
(h) The commissioner shall treat and maintain an applicant's fingerprints and any criminal history record information obtained under this section as confidential and shall apply security measures consistent with the Federal Bureau of Investigation Criminal Justice Information Services Division standards for the electronic storage of fingerprints and necessary identifying information. The commissioner shall limit the use of records solely to the purposes authorized in this section. The fingerprints and the criminal history record information in the custody of the commissioner are not subject to subpoena, other than one issued in a criminal action or investigation; are confidential by law and privileged; and are not subject to discovery or admissible in evidence in any private civil action.
(i) The commissioner shall promulgate emergency rules pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a of this code as are necessary for the administration of this section, including rules governing the issuance of provisional producer licences pending receipt of the criminal background check.
"
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 2764 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-12-37, relating to criminal history checks for applicants for insurance producer licenses; defining terms; authorizing Insurance Commissioner to establish and collect fees; requiring applicants to submit fingerprints; requiring the Insurance Commission to transmit fingerprints to the State Police and Federal Bureau of Investigation; requiring certain records be confidential; exempting certain information from disclosure pursuant to subpoena or discovery; and authorizing Insurance Commissioner to promulgate emergency rules."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 448), and there were--yeas 95, nays 3, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Fleischauer, Lane and Sobonya.
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2764) 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 passed, with amendment, a bill of the House of Delegates as follows:
H. B. 2770, Enhancing penalties for certain acts against court security personnel.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"§61-2-10b. Malicious assault; unlawful assault; battery and recidivism of battery; assault on police officers, conservation officers, probation officers, humane officers, emergency medical service personnel, firefighters, fire marshal, Division of Forestry employees, county or state correctional employees, Public Service Commission motor carrier inspector and enforcement officer and court security personnel; penalties.

(a) Malicious assault. -- Any person who maliciously shoots, stabs, cuts or wounds or by any means causes bodily injury with intent to maim, disfigure, disable or kill a police officer, probation officer, conservation officer, humane officer, emergency medical service personnel, firefighter, State Fire Marshal or employee, Division of Forestry employee, county correctional employee or state correctional employee, employee of an urban mass transportation system, court security personnel or Public Service Commission motor carrier inspector and enforcement officer acting in his or her official capacity and the person committing the malicious assault knows or has reason to know that the victim is a police officer, probation officer, conservation officer, humane officer, emergency medical service personnel, firefighter, State Fire Marshal or employee, Division of Forestry employee, county correctional employee, state correctional employee, employee of an urban mass transportation system or Public Service Commission motor carrier inspector acting in his or her official capacity is guilty of a felony and, upon conviction thereof, shall be confined in a correctional facility for not less than three nor more than fifteen years.
(b) Unlawful assault. -- Any person who unlawfully but not maliciously shoots, stabs, cuts or wounds or by any means causes a police officer, probation officer, conservation officer, humane officer, emergency medical service personnel, firefighter, State Fire Marshal or employee, Division of Forestry employee, county correctional employee or state correctional employee, employee of an urban mass transportation system, court security personnel or Public Service Commission motor carrier inspector and enforcement officer acting in his or her official capacity bodily injury with intent to maim, disfigure, disable or kill him or her and the person committing the unlawful assault knows or has reason to know that the victim is a police officer, probation officer, conservation officer, humane officer, emergency medical service personnel, firefighter, State Fire Marshal or employee, Division of Forestry employee, county correctional employee, state correctional employee, employee of an urban mass transportation system or Public Service Commission motor carrier inspector acting in his or her official capacity is guilty of a felony and, upon conviction thereof, shall be confined in a correctional facility for not less than two nor more than five years.
(c) Battery. -- Any person who unlawfully, knowingly and intentionally makes physical contact of an insulting or provoking nature with a police officer, probation officer, conservation officer, humane officer, emergency medical service personnel, firefighter, State Fire Marshal or employee, Division of Forestry employee, county correctional employee, state correctional employee, employee of a mass transportation system, court security personnel or Public Service Commission motor carrier inspector and enforcement officer acting in his or her official capacity, or unlawfully and intentionally causes physical harm to that person a police officer, probation officer, conservation officer, humane officer, emergency medical service personnel, firefighter, State Fire Marshal or employee, Division of Forestry employee, county correctional employee, state correctional employee, employee of an urban mass transportation system or a Public Service Commission motor carrier inspector acting in such capacity, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than one month nor more than twelve months, fined the sum of five hundred dollars, or both. If any person commits a second such offense, he or she is guilty of a felony and, upon conviction thereof, shall be confined in a correctional facility for not less than one year nor more than three years or fined the sum of one thousand dollars or both fined and confined. Any person who commits a third violation of this subsection is guilty of a felony and, upon conviction thereof, shall be confined in a correctional facility not less than two years nor more than five years or fined not more than two thousand dollars or both fined and confined.
(d) Assault. -- Any person who unlawfully attempts to commit a violent injury to the person of a police officer, probation officer, conservation officer, humane officer, emergency medical service personnel, firefighter, State Fire Marshal or employee, Division of Forestry employee, county correctional employee, state correctional employee, employee of a mass transportation system, court security personnel or Public Service Commission motor carrier inspector and enforcement officer acting in his or her official capacity, or unlawfully commits an act which places that person a police officer, probation officer, conservation officer, humane officer, emergency medical service personnel, firefighter, Division of Forestry employee, county correctional employee or state correctional employee, employee of a mass transportation system or Public Service Commission motor carrier inspector acting in his or her official capacity in reasonable apprehension of immediately receiving a violent injury, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than twenty-four hours nor more than six months, fined not more than two hundred dollars, or both fined and confined.
(e) For purposes of this section:
(1) 'Police officer' means any person employed by the State Police, any person employed by the state to perform law-enforcement duties, any person employed by a political subdivision of this state who is responsible for the prevention or detection of crime and the enforcement of the penal, traffic or highway laws of this state or employed as a special police officer as defined in section forty-one, article three of this chapter.
(2) 'Employee of an urban mass transportation system' means any person employed by an urban mass transportation system as such is defined in section three, article twenty-seven, chapter eight of this code or by a system that receives federal transit administration funding under 49 U.S.C. §5307 or §5311.
(3) 'Division of Forestry employee' means an officer, agent, employee or servant, whether full-time or not, of the Division of Forestry.
(4) 'Court security personnel' means any person employed by a circuit court, family court, magistrate court, county commission, sheriff, the state or other political subdivision to operate and maintain security devices, including but not limited to a metal detector, x-ray machine, video monitoring equipment and/or other security devices, prevent or detect crime, enforce the laws of this state, or otherwise provide court security.
(5) 'Public Service Commission motor carrier inspector and enforcement officer' means an officer, agent or employee of the Public Service Commission charged with the enforcement of commercial motor vehicle safety and weight restriction laws of the State of West Virginia."
And,
By amending the title of the bill to read as follows:
H. B. 2770 - "A Bill to amend and reenact §61-2-10b of the Code of West Virginia, 1931, as amended; relating to court security personnel; enhancing penalties for certain acts against court security personnel and Public Service Commission motor carrier inspector and enforcement officer; and defining 'court security personnel' and 'Public Service Commission motor carrier inspector and enforcement officer'."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendment with amendment, as follows:
On page one, by amending the title of the bill to read as follows:
H. B. 2770 - "A Bill to amend and reenact §61-2-10b of the Code of West Virginia, 1931, as amended; relating to court security personnel and Public Service Commission motor carrier inspector and enforcement officer; enhancing penalties for certain acts against court security personnel and Public Service Commission motor carrier inspector and enforcement officer; defining 'court security personnel' and 'Public Service Commission motor carrier inspector and enforcement officer'; and incorporating certain acts previously enacted by the Legislature during the 2007 regular session."
The bill, as amended by the Senate, and as further amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 449), 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: Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2770) 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 passed, with amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 2800, Relating to the practice of medical imaging and radiation therapy.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page twenty-five, section twelve, line nine, after the word "assistant" by inserting the words "or dental hygienist".
And,
On page fifty-six, section thirty, line four, by striking out the word "ten" and inserting in lieu thereof the word "twelve".
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 450), 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: Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2800) passed.
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 that the Senate had refused to recede from its amendment and requested the House of Delegates to agree to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses as to
Com. Sub. for H. B. 2955, Continuing a flat-rate excise tax on motor fuel at $.205.
The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:
Senators Helmick, Edgell and Guills.
On motion of Delegate DeLong, the House of Delegates agreed 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 Kominar, Barker and Evans.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 2801, Providing a fifty thousand dollar death benefit to the families of firefighters and EMS personnel who are killed in the line of duty.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page four, section two, lines twenty-nine and thirty, by striking out the words "Governor's civil contingent fund pursuant to section eighteen, article one, chapter five of this code" and inserting in lieu thereof the words "State Treasury, General Fund".
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 451), 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: Beach, Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2801) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 452), 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: Beach, Talbott 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 (Com. Sub. for H. B. 2801) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 2804, Eliminating time schedules for utility relocation on highway projects.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
"That §17-4-17b, §17-4-47, §17-4-48 and §17-4-49 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new article, designated §17-27-1, §17-27-2, §17-27-3, §17-27-4, §17-27-5, §17-27-6 and §17-27-7, all to read as follows:
ARTICLE 4. STATE ROAD SYSTEM.
§17-4-17b. Relocation of public utility lines on highway construction projects.
(a) Whenever the division reasonably determines that any public utility line or facility located upon, across or under any portion of a state highway needs to be removed, relocated or adjusted in order to accommodate a highway project, the division shall give to the utility reasonable notice in writing sixty days' written notice as mutually agreed, but not to exceed eighteen months directing it to begin the physical removal, relocation or adjustment of such utility obstruction or interference at the cost of the utility, including construction inspection costs and in compliance with the rules of the division and the provisions of article three, chapter twenty-nine-a of this code.
(b) If such the notice is in conjunction with a highway improvement project, it will be provided at the date of advertisement or award. Prior to the notice directing the physical removal, relocation or adjustment of a utility line or facility, the utility shall adhere to the division's utility relocation procedures for public road improvements which shall include, but not be limited to, the following:
(1) The division will submit to the utility a letter and a set of plans for the proposed highway improvement project;
(2) The utility must within a reasonable time within twenty days, submit to the division a written confirmation acknowledging receipt of the plans and a declaration of whether or not its facilities are within the proposed project limits and the extent to which the facilities are in conflict with the project;
(3) If the utility is adjusting, locating or relocating facilities or lines from or into the division's right-of-way, the utility must submit to the division plans showing existing and proposed locations of utility facilities. These utility plans must be submitted to the division within thirty days of receipt of the highways plans or such longer time as may be provided in the letter accompanying the highway plans.
(4) The utility's submission shall include with the plans a working time analysis work plan demonstrating that the utility adjustment, location or relocation will be accomplished in a manner and time frame established by the division's written procedures and instructions. Such working time The work plan shall specify the order and calendar days for removal, relocation or adjustment of the utility from or within the project site and any staging property acquisition compensable work or other special requirements needed to complete the removal, relocation or adjustment. The division may shall approve the work plan, including any requests for compensation, submitted by a utility for a highway improvement project if it is submitted within the established schedule and does not adversely affect the letting date. The division will review the work plan to ensure compliance with the proposed improvement plans and schedule.
(b) If the utility does not thereafter begin removal within the time specified in the work plan, the division may give the utility a final notice directing that such removal shall commence not later than ten days from the receipt of such final notice. If the utility does not, within the ten days from receipt of the final notice, begin to remove or relocate the facility or, having so begun removal or relocation, thereafter fails to complete the removal or relocation within the time specified by the work plan, the division may remove or relocate the same with its own employees or by employing or contracting for the necessary engineering, labor, tools, equipment, supervision, materials and other necessary services to accomplish the removal or relocation, and the expenses of such removal may be paid and collected as provided at law. If additional utility removal, relocation, or adjustment work is found necessary after the letting date of the highway improvement project, the utility shall provide a revised work plan within thirty calendar days after becoming aware of such additional work or upon receipt of the division's written notification advising of such additional work. The utility's revised work plan shall be reviewed by the division to ensure compliance with the highway project or improvement.
(c) In addition to the foregoing, the owner of the utility shall be responsible for and liable to the division or its contractors for damages resulting from its failure to comply with the submitted and approved work plan. If the utility owner fails to provide a work plan or fails to complete the removal, relocation, or adjustment of its facilities in accordance with the work plan approved by the division, the owner shall be liable to the contractor for all delay costs and liquidated damages incurred by the contractor which are caused by or which grow out of the failure of the utility owner to provide a work plan or a revised work plan or to complete its work in accordance with the approved work plan. The division may withhold approval of permits for failure of the utility owner to comply with the requirements of this section. If additional utility removal, relocation, or adjustment work is found necessary after the letting date of the highway improvement project, the utility shall provide a revised work plan within thirty calendar days after receipt of the division's written notification of the additional work. The utility's revised work plan shall be reviewed by the division to ensure compliance with the highway project or improvement. The division shall reimburse the utility for work performed by the utility that must be performed again as the result of a plan change on the part of the division.
(d) Should the utility fail to comply with the notice to remove, relocate or adjust, the utility is liable to the division for direct contract damages, including costs, fees, penalties or other contract charges, for which the division is proven to be liable to a contractor caused by the utility's failure to timely remove, relocate or adjust, unless a written extension is granted by the division. The utility shall not be liable for any delay or other failure to comply with a notice to remove, relocate or adjust that is not solely the fault of the utility, including but not limited to the following:
(1) The division has not performed its obligations in accordance with the division's rules;
(2) The division has not obtained all necessary rights-of-way that affect the utility;
(3) The delay or other failure to comply by the utility is due to the division's failure to manage schedules and communicate with the utility;
(4) The division seeks to impose liability on the utility based solely upon oral communications or communications not directed to the utility's designated contact person;
(5) The division changes construction plans in any manner following the notice to remove or relocate and the change affects the utility's facilities; or,
(6) Other good cause, beyond the control of and not the fault of the utility, including but not limited to, labor disputes, unavailability of materials on a national level, act of God, or extreme weather conditions.
(e) In order to avoid construction delays and to create an efficient and effective highway program, the division may schedule program meetings with the public utility on a quarterly basis to assure that schedules are maintained.
§17-4-47. Access from commercial, etc., property and subdivisions to highways -- Purposes of regulation; right of access; provisions inapplicable to controlled-access facilities; removal of unauthorized access; bond for access.

(a) Access to and from state highways from and to Reciprocal access between state highways and real property used or to be used for commercial, industrial or mercantile purposes or from and to and reciprocal access between state highways and real property that is subdivided into lots is a matter of public concern and shall be regulated by the state road commissioner Commissioner of Highways to achieve the following purposes:
(1) To provide for maximum safety of persons traveling upon, entering or leaving state highways;
(2) To provide for efficient and rapid movement of traffic upon state highways;
(3) To permit proper maintenance, repair and drainage of state highways; and
(4) To facilitate appropriate public use of state highways.
(b) Except where the right of access has been limited by or pursuant to law, every owner or occupant of real property abutting upon any existing state highway has a right of reasonable means of ingress to and egress from such state highway consistent with those policies expressed in subsection (a) of this section and any regulations issued by the commissioner under section forty-eight of this article.
(c) If the construction, relocation or reconstruction of any state highway, to be paid for, in whole or in part, with federal or state road funds, results in the abutment of real property as defined in subsection (a) of this section on such the state highway that did not previously abut on it, no rights of direct access shall accrue because of such abutment, but. However, the commissioner may authorize and or limit access, if any, from an abutting property if the property is compatible with the policies stated in said subsection (a) of this section and any regulations issued by the commissioner under as authorized by section forty-eight of this article.
(d) The policies expressed in this section are applicable to state highways generally and shall in no way limit the authority of the state road commissioner Commissioner of Highways to establish controlled-access facilities under the provisions of sections thirty-nine through forty-six, inclusive, of this article.
(e) Any unauthorized access to a state highway may be removed, blocked, barricaded or closed in any manner deemed considered necessary by the commissioner to protect the safety of the public and enforce the policies of this section and sections forty-eight, forty-nine and fifty of this article.
(f) As a condition of granting access to a state highway, the commissioner shall require the owners of real property developed or to be developed to provide a bond in an amount the commissioner determines necessary to compensate the division for improvements to highway facilities required as a result of the development. This bond shall be held a minimum of ten years.
§17-4-48. Same -- Regulations by commissioner.
The state road commissioner The Commissioner of Highways is hereby authorized to issue reasonable regulations as follows:
To promulgate and promote a legislative rule or rules specifying standards for the location, design and construction of facilities that maximize the safety and convenience of our citizens to state highways and any other regulations legislative rules necessary to carry out the policies stated in section forty-seven of this article. Such regulations legislative rules may be based upon any or all of the following:
(a) Standards suggested by any public organization or political body concerned with highway or traffic safety; or
(b) Studies, surveys or reports made for the commissioner or for any other governmental agency; or
(c) Any other data deemed considered relevant by the commissioner. Regulations affecting access previously issued by the commissioner or the state road commission division shall continue in effect until altered or withdrawn by the commissioner.
§17-4-49. Same -- Points of commercial, etc.; access to comply; plans, objections and procedures for new points; review of and changes in existing points; commissioner's preliminary determination.

(a) No new points of access to and from state highways from and to real property used or to be used for commercial, industrial or mercantile purposes shall be opened, constructed or maintained without first complying with the provisions of this section and sections forty-seven and forty-eight of this article. Access points opened, constructed or maintained without such compliance are deemed unauthorized.
(b) Plans of for any such new point of access shall be submitted to the state road commissioner Commissioner of Highways directly and the following rules shall apply:
(1) Notice of the proposed new point of access shall be filed with the commissioner, along with a plan of the proposed new point of access.
(2) The commissioner shall review the plan to ensure compliance with the policies stated in section forty-seven of this article and with any regulations issued by the commissioner under section forty-eight of this article.
(3) The commissioner If the commissioner objects to a plan, he or she shall reduce his or her objections to the proposed new point of access, if any, to writing and promptly furnish notice of such the objection to the owner or owners of the real property affected and advise the owner or owners of their the right to demand a hearing thereon on the proposed plan and the objections. A plan not so If a plan is not objected to within six weeks from the time it is filed with the commissioner shall be deemed to have been , it is considered approved by the commissioner.
(4) In any case where the commissioner so objects to the proposed new point of access, the owner or owners of the real property affected shall have reasonable opportunity for a hearing on such objections.
(c)(1) Existing points of access to and from state highways from and to real property used for commercial, industrial or mercantile purposes may be reviewed by the commissioner to determine whether such points of access comply with the policies stated in section forty-seven of this article and with any regulations issued by the commissioner under section forty-eight of this article. The commissioner may direct reasonable changes in existing points of access to and from state highways from and to property used for commercial, industrial or mercantile purposes if he or she determines from accident reports or traffic surveys that the public safety is seriously affected by such points of access and that such reasonable changes would substantially reduce the hazard to public safety. When such changes require construction, reconstruction or repair, such work shall be done at state expense as any other construction, reconstruction or repair.
(2) If the commissioner makes a preliminary determination that any such changes should be made, the following rules shall apply:
(A) The commissioner shall reduce his or her preliminary determination to writing and promptly furnish notice of such preliminary determination to the owner or owners of the real property affected and of their right to demand a hearing thereon on the preliminary determination. Such The commissioner's notice shall include a description of suggested changes deemed by the commissioner suitable to reduce suitable for reducing the hazard to the public safety.
(B) In any case where the commissioner makes a preliminary determination that any such changes should be made, the owner or owners of the real property affected shall have reasonable opportunity for a hearing on such the preliminary determination.
ARTICLE 27. WEST VIRGINIA COMMUNITY EMPOWERMENT TRANSPORTATION ACT.

§17-27-1. Short title.

The provisions of this article shall be known and referred to as the West Virginia Community Empowerment Transportation Act.
§17-27-2. Legislative findings.
The Legislature finds as follows:
(1) That a broad and unified system should be continued and persistently upgraded by state law for financing, planning, designing, constructing, expanding, improving, maintaining and controlling the transportation facilities that together comprise the transportation infrastructure of this state;
(2) That, in addition to traditional means and methods of putting transportation facilities into place, a significant contribution to a system as described in subdivision one of this section can be made by public-private partnerships that will assist federal, state and local governments in their efforts to meet the evolving needs of governmental entities, industry, labor, commerce, and, most importantly, the citizens of this state;
(3) That available public funding and other resources necessary to provide for an adequate or more than adequate transportation infrastructure have not kept pace with the needs of the governmental entities that are charged with financing, developing and maintaining an optimal transportation infrastructure in this state;
(4) That investment in transportation infrastructure by private entities should be facilitated, and innovative financing mechanisms should be encouraged and developed, so as to utilize private capital and other funding sources to supplement governmental actions taken in support of transportation projects, to the end that the financial and technical expertise and other experience of private entities regarding the development of transportation facilities may be garnered and put into service on behalf of the state;
(5) That public and private entities should have a clear and well-designed statutory framework to work within that allows for flexibility in contracting with each other as they seek to develop projects for transportation facilities and attendant services that are the subject of this article; and
(6) That the provisions of this article should not be limited by any rule of strict construction, but should be liberally construed to effect the legislative purpose of conceiving and creating a modern transportation infrastructure under the leadership and guidance of governmental entities, with corresponding and cooperative assistance, under appropriate circumstances, by public-private partnerships, inuring to the benefit and prosperity of the state and the welfare of its citizens.
§17-27-3. Applicability of definitions; definitions.
For the purposes of this article, the words or terms defined in this section, and any variation of those words or terms required by the context, have the meanings ascribed to them in this section. These definitions are applicable unless a different meaning clearly appears from the context.
(1) Affected local jurisdiction means any county or incorporated municipality of this state in which all or any part of a transportation facility is or will be located, or any other local public entity, including, but not limited to, a public service district or highway authority or highway association that is directly affected by an existing or proposed transportation facility.
(2) Commissioner means the Commissioner of Highways who is the chief executive officer of the Division of Highways.
(3) Department means the West Virginia Department of Transportation.
(4) Division refers to the Division of Highways, a division within the West Virginia Department of Transportation.
(5) Highway authority or highway association means any entity created by the Legislature for the advancement and improvement of the state road and highway system, including, but not limited to, the New River Parkway Authority, Midland Trail Scenic Highway Association, Shawnee Parkway Authority, Corridor G Regional Development Authority, Coalfields Expressway Authority, Robert C. Byrd Corridor H Highway Authority, West Virginia 2 and I-68 Authority, Little Kanawha River Parkway Authority, King Coal Highway Authority, Coal Heritage Highway Authority, Blue and Gray Intermodal Highway Authority and the West Virginia Eastern Panhandle Transportation Authority or, if an authority is abolished, any entity succeeding to the principal functions of the highway authority or to whom the powers given to the highway authority are given by law.
(6) Private entity means any natural person, corporation, general partnership, limited liability company, limited partnership, joint venture, business trust, public benefit corporation, nonprofit entity or other business entity.
(7) Project costs means capital costs, costs of financing, planning, designing, constructing, expanding, improving, maintaining or controlling a transportation facility, the cost of land, equipment, machinery, installation of utilities and other similar expenditures and all other charges or expenses necessary, appurtenant or incidental to the foregoing.
(8) Public-private partnership means a consortium that includes the Division of Highways, a political subdivision of this state, a public service district, a highway authority or any combination thereof, together with a private entity or entities, which proposes to finance, plan, design, construct, expand, improve, maintain or control a transportation facility.
(9) Public service district means a public corporation or political subdivision of this state created pursuant to the provisions of section two, article thirteen-a, chapter sixteen of this code.
(10) Revenue means all revenue, income, earnings, user fees, lease payments or other service payments arising out of or in connection with supporting the development or operation of a transportation facility, including, without limitation, money received as grants or otherwise from the United States of America, from any public entity or from any agency or instrumentality of the foregoing in aid of such transportation project, moneys generated by way of contract, pledge, donation, bequest or bonds and moneys generated by taxes which are authorized to be assessed and levied by the Legislature or another governmental body.
(11) Secretary means the Cabinet Secretary of the West Virginia Department of Transportation.
(12) Transportation facility means a highway, road, bridge, tunnel, overpass, ferry, airport, public transportation facility, vehicle parking facility, riverport facility, rail facility, intermodal facility or other similar facility open to the public and used for the transportation of persons or goods and any building, structure, parking area, appurtenances or other properties and structures needed to operate a transportation facility.
(13) Transportation project means a project or proposal intended to finance, plan, design, construct, expand, improve, maintain or control a transportation facility as an element of the transportation infrastructure of this state. The term transportation project does not include any project that would otherwise be under the authority of the Public Port Authority, the Aeronautics Commission or the Parkways, Economic Development and Tourism Authority.
(14) User fee means the rate, toll, fee or other charges imposed by an operator for use of all or a part of a transportation facility.
(15) Utility means a privately, publicly or cooperatively owned line, facility or system for producing, transmitting or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage, or any other similar commodity, including fire or police signal system or street lighting system, which directly or indirectly serves the public.
§17-27-4. Entities required to submit project plans generally; commissioner's powers and duties to implement the act; transportation project plan requirements; financing options; Division of Highways plan review; proprietary information.

(a) A governmental entity seeking state funds for a transportation project shall submit a transportation project plan to the commissioner. The commissioner shall review the proposed transportation project plan and the proposed financing for the project and shall encourage project sponsors to pursue alternative funding sources. Alternative funding sources may include, without limitation, utilization of tax increment financing, issuance of general obligations bonds, revenue bonds or anticipation notes, cooperation with other governmental units and utilities, dedicated user fees and public-private partnerships.
(b) To implement and carry out the intent of this article, the commissioner shall propose legislative rules in accordance with article three, chapter twenty-nine-a of this code. The commissioner shall establish comprehensive, uniform guidelines in order to evaluate any transportation project plan. The guidelines shall address the following:
(1) The use of alternative sources of funding which could finance all or a part of the transportation project;
(2) The transportation needs of the region;
(3) Project costs;
(4) Whether dedicated revenues from a project sponsor are offered for project costs;
(5) Available federal and state funds;
(6) The degree to which the transportation project impacts other infrastructure projects and implements cost-effective and efficient development of transportation projects with other infrastructure improvements;
(7) The cost effectiveness of the transportation project as compared with alternatives which achieve substantially the same economic development benefits;
(8) The project sponsor's ability to operate and maintain the transportation project or finance the continued operation and maintenance of the transportation project if approved;
(9) The degree to which the transportation project achieves other state or regional planning goals;
(10) The estimated date upon which the transportation project could commence if funding were available and the estimated completion date of the transportation project; and
(11) Other factors the commissioner considers necessary or appropriate to accomplish the purpose and intent of this article.
(c) The commissioner shall create a transportation project plan application form which shall be used by all project sponsors requesting funding assistance from the state for transportation projects. The application shall require a preliminary proposal which shall include:
(1) The projected type and location of the transportation project;
(2) The estimated total project cost of the transportation project;
(3) The amount of funding assistance desired and the specific uses of the funding;
(4) Other sources of funding available or potentially available for the transportation project;
(5) Information demonstrating the need for the transportation project and documentation that the proposed funding of the project is the most economically feasible alternative to completing the transportation project;
(6) A timeline for activities to be performed by the project sponsor and affected local jurisdictions;
(7) A statement setting forth the financing of the project costs, including the sources of the funds and identification of any dedicated revenues, proposed debt, tax increment financing plans, issuance of bonds or notes, in-kind services or equity investment of project sponsors;
(8) A list of public utilities that can be constructed in coordination with the transportation project and a statement of the plans to accommodate such;
(9) The names and addresses of the persons who may be contacted for further information concerning the transportation project;
(10) A statement of the projected availability and use of dedicated revenues including user fees, lease payments and other service payments over time; and
(11) Other information as the commissioner considers necessary to enable the review of the transportation project.
(d) The commissioner may also require the submission of geographic information system mapping of the transportation project and electronic filing of the preliminary proposal. If the preliminary proposal is approved by the commissioner for a further detailed review, the division shall advise the project sponsor of the estimated cost of a detailed review. The project sponsor must deposit with the division a bond, irrevocable letter of credit or other acceptable instrument guaranteeing payment by the project sponsor of the actual costs incurred by the division, to a maximum of the estimated costs, for a detailed review prior to the initiation of the detailed review.
(e) In evaluating any transportation project, the commissioner may rely upon internal staff reports or the advice of outside advisors or consultants.
(f) The commissioner shall encourage collaboration among project sponsors, affected local jurisdictions and private entities through intergovernmental agreements and public-private partnerships including, without limitation, recommending the amounts and sources of funding which affected local jurisdictions or project sponsors may pursue, which state transportation or infrastructure agency or agencies may be consulted for appropriate investment of public funds and alternatives to carry out the intent of this article.
(g) The commissioner may recommend to the Governor those transportation projects which are a prudent and resourceful expenditure of funds and which utilize alternative funding sources. No proposal may be recommended or approved which is inconsistent with the division's twenty-year long range plans or other transportation plans.
(h) The commissioner shall prepare and publish an annual report of activities and accomplishments and submit it to the Governor and to the Joint Committee on Government and Finance on or before the fifteenth day of December of each year. Further, the commissioner shall prepare and transmit annually to the Governor and the Legislature a report outlining alternative road funding models and incentive packages. The report may also recommend legislation relating to third-party donation of funds, materials or services, federal credit instruments, secured loans, federal Transportation Infrastructure Finance and Innovation Act funds, state infrastructure banks (SIBS), private activity bonds or other matters respecting transportation considered by the commissioner to be in the public interest. The commissioner may consider alternatives to the current system of taxing highway use through motor vehicle fuel taxes including, without limitation, pilot programs for testing technology and methods for the collection of mileage fees.
(i) The commissioner shall take appropriate action to protect proprietary and trade secret information, which shall be exempt from the requirements of chapter twenty-nine-b of this code.
§17-27-5. County fees for transportation projects; general obligation and revenue bonds; election and notice requirements; credit for municipal service fees.

(a) Notwithstanding any code provisions to the contrary, the county commission of each county shall have the authority to impose by order upon users of a transportation project reasonable fees to be collected in the manner specified in the order for transportation projects. No order imposing a fee is effective until it is ratified by a majority of the legal votes cast by the qualified voters of the county at a primary or general election. The ballot question must set forth the fee, the manner in which it will be imposed and the general use to which the proceeds of the fee shall be put.
(b) Every county commission is hereby empowered and authorized to issue, in the manner prescribed by law, revenue bonds or general obligation bonds for the purpose of raising or dedicating revenue to establish, construct, improve, extend, develop, maintain or operate a transportation project or to refund any bonds of the counties, the proceeds of which were expended in establishing, constructing, improving, extending, developing, maintaining or operating a transportation project or any part thereof. Bonds issued for any of the purposes stated in this section shall contain in the title or subtitle thereto the words transportation project, in order to identify the same, and shall be of such form, denomination and maturity and shall bear such rate of interest as fixed by order of the county commission. The county commission may provide for the issuance of bonds for other lawful purposes of the county in the same order in which provisions shall be made for the issuance of bonds under the provisions of this section. The county commission shall pay all of the costs and expenses of any election held to authorize the issuance of transportation project bonds. Whenever the county commission and the requisite majority of the legal votes cast at the election thereon shall authorize in the manner prescribed by law, the issuance of bonds for the purpose of establishing, constructing, improving, extending, developing, maintaining, operating or any combination of the foregoing, a transportation project or for the purpose of refunding any outstanding bonds, the proceeds of which were applied to any of the foregoing purposes, the bonds shall be issued and delivered to the county commission to be sold by it in the manner prescribed by law and the proceeds thereof shall be paid into the county commission and the same shall be applied and utilized by the county commission for the purposes prescribed by the order authorizing the issuance of the bonds. In any order for the issuance of bonds, it shall be a sufficient statement of the purposes for creating the debt to specify that the same is for the purpose of establishing, constructing, improving, extending, developing, maintaining or operating, or any combination of the foregoing, a transportation project and further specifying the particular establishment, construction, improvement, extension, development, maintenance or operation contemplated; and an order for refunding bonds shall designate the issue and the number of bonds which it is proposed to refund.
(c) For the purposes of this section, a county commission is authorized to sue and be sued; make contracts and guarantees; incur liabilities; borrow or lend money for any time period considered advisable by the county commission; sell, mortgage, lease, exchange, transfer or otherwise dispose of its property; or pledge its property as collateral or security for any time period considered advisable by the commission. All sales, leases or other disposition of real property acquired with state road funds or federal funds, or of real property dedicated to the state road system, must be done in accordance with applicable federal and state law and may be done only with the approval of the commissioner. Further, a county commission is authorized to create trusts as will expedite the efficient management of transportation projects and other assets owned or controlled by the county commission. The trustee, whether individual or corporate, in any trust shall have a fiduciary relationship with the county commission and may be removed by the county commission for good cause shown or for a breach of the fiduciary relationship with the county commission. Nothing in this article is considered to effect a waiver of the sovereign, constitutional or governmental immunity of the state or its agencies.
(d) No revenue bonds or general obligation bonds may be issued under this section until all questions connected with the bonds are first submitted to a vote of the qualified voters of the county for which the bonds are to be issued and receive a majority of all the votes cast for and against the issuance. The ballot question must set forth: (1) The necessity for issuing the bonds; (2) the purpose or purposes for which the proceeds of bonds are to be expended; (3) the total indebtedness, bonded or otherwise; (4) the amount of the proposed bond issue; (5) the maximum term of bonds and series; (6) the maximum rate of interest; (7) the date of election; and (8) whether the county commission is collecting fees authorized by this section to provide funds for the payment of the interest upon the bonds and the principal at maturity and the approximate amount of fees necessary for this purpose.
(e) Notice of election on an order imposing a fee authorized by this section shall be given by publication, within fourteen consecutive days next preceding the date of the election, as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code and the publication area for publication shall be the county. All of the provisions of the general election laws of this state concerning primary or general elections, when not in conflict with the provisions of this section, shall apply to elections hereunder, insofar as practicable. If a majority of the legal votes cast upon the question be against the imposition of a fee or issuance of a bond provided by this section, such shall not take effect, but the question may again be submitted to a vote at any subsequent election in the manner herein provided.
(f) All money collected or appropriated by a county commission under this section for a transportation project shall be deposited in a special account and disbursed for the purpose of dedicating revenues to a transportation project.
(g) The powers conferred by this article are in addition and supplemental to any other powers conferred upon county commissions by the Legislature relating to streets, road maintenance or to construct and maintain transportation facilities.
(h) In the event rates, fees and charges imposed by a governing body of any municipality pursuant to section eight, article thirteen, section thirteen of this code are applied to street, bridge or road maintenance, construction, cleaning or street lighting, persons subject to both a county fee authorized by this section and the municipal fee shall be entitled to a full credit equivalent to the municipal fee against the county fee authorized by this section.
§17-27-6. Commissioner's authority over transportation projects accepted into the state road system; use of state road funds.

Notwithstanding anything in this article to the contrary, the commissioner shall have final approval of any transportation project, however, no state road funds may be used, singly or together with funds from any other source, for any purpose or in any manner contrary to or prohibited by the constitution and laws of this state or the federal government or where such use, in the sole discretion of the commissioner, would jeopardize receipt of federal funds.
All transportation projects that are accepted as part of the state road system, and all real property interests and appurtenances, are under the exclusive jurisdiction and control of the commissioner, who may exercise the same rights and authority as he or she has over other transportation facilities in the state road system. As a condition of acceptance of a transportation project into the state road system, the commissioner may require that the project sponsor provide a dedicated revenue source for the continued operation and maintenance of the transportation project.
No state road funds may be used to finance a transportation project without the written approval of the commissioner.
§17-27-7. Coordination and development of transportation projects with other infrastructure; information sharing; agreements among municipal utilities and public service districts to participate in transportation projects; rates to include costs borne by municipal utilities and public service districts in coordination with transportation projects; exemption from Public Service Commission approval.

(a) The commissioner shall encourage the joint and concurrent development and construction of transportation projects with other infrastructure including, without limitation, water and sewer infrastructure.
(b) To coordinate and integrate the planning of transportation projects among local jurisdictions, all governing bodies, units of government, municipal utilities and public service districts within the affected local jurisdiction shall cooperate, participate, share information and give input when a project sponsor prepares a transportation project plan.
(c) Pursuant to this section, municipal utilities and public service districts are granted the authority to enter into agreements with any project sponsor for the purpose of constructing new infrastructure facilities or substantially improving or expanding infrastructure facilities in conjunction with a transportation project and dedicating revenue or contributing moneys to transportation project costs. Each agreement shall contain at a minimum engineering and construction standards, terms regarding the revenue sources, allocation of project costs and confirmation that the agreement does not violate any existing bond covenants. No infrastructure facilities shall be located or relocated within a right-of-way in, or to be included within, the state road system except in accordance with transportation project plans approved by the commissioner.
(d) The rates charged by a municipal utility or public service district to customers in an affected local jurisdiction may include the additional cost borne by the municipal utility or public service district as a result of entering into an agreement with a project sponsor to contribute monies or dedicate revenue to transportation project costs.
(e) Nothing contained in this article shall be construed to affect the authority of the Department of Environmental Protection nor the authority of the Department of Health and Human Resources pursuant to the provisions of this code.
(f) Nothing contained in this article shall be construed to give the Public Service Commission authority to regulate or intervene in the approval and construction of any transportation project or any agreement between a project sponsor and a municipal utility or public service district under the provisions of this article."
On motion of Delegate DeLong, the House of Delegates refused to concur in the Senate amendments and requested the Senate to recede therefrom.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Delegates Tabb and Wysong requested that the Clerk record them in the Journal as voting "Nay" on the motion to refuse to concur with the Senate amendment to Com. Sub. for H. B. 2804.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
H. B. 3006, Limiting the number of terms a member of the Board of Physical Therapy may serve.
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 striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 20. PHYSICAL THERAPISTS.
§30-20-4. West Virginia Board of Physical Therapy continued; members, terms, meetings, officers, oath, compensation and expenses; general provisions.

(a) The West Virginia state board of examiners and registration of physical therapists heretofore created shall continue in existence but on and after the effective date of this article shall be known and designated as "the West Virginia Board of Physical Therapy is continued and shall consist consists of five members appointed by the Governor by and with the advice and consent of the Senate.
(b) The three members of the board in office on the effective date of this article first day of January, two thousand seven, shall, unless sooner removed, continue to serve until their terms expire and until their successors have been appointed and have qualified.
(c) Members shall be appointed for overlapping staggered terms of five years so that one term expires each year or until their successors have been appointed and have qualified. Any vacancy shall be filled by appointment by the Governor for the unexpired term of the member whose office shall be is vacant and any such the appointment shall be made within sixty days of the occurrence of such the vacancy. The Governor may remove any member of the board in case of for incompetency, neglect of duty, gross immorality or malfeasance in office.
(b) (d) Each member of the board must is required to:
(1) Be licensed under the provisions of this article or under the former provisions of this article;
(2) Have at least three years' experience as a physical therapist; and
(3) Be actively engaged in the practice of physical therapy.
(e) Members may be reappointed for any number of terms only serve for two consecutive full terms. A member completing a term on and after the thirtieth day of June, two thousand seven, may not be reappointed if the term the member has just completed is the second of two consecutive full terms. A member who has served two consecutive terms may be appointed to another term only after at least two years have passed since the member's last term.
(f) Before entering upon the performance of this of his or her duty, each member shall take and subscribe to the oath prescribed by section five, article IV of the constitution of this state.
(c) (g) The board shall elect from its membership a chairman chairperson and secretary who shall serve at the will and pleasure of the board.
(h) A majority of the members of the board shall constitute is a quorum. and
(i) The board shall meet at least once annually to transact business. Meetings shall be held at the call of the chairman chairperson or upon the written request of three members at such the time and place as designated in such the call or request. and, in any event, the board shall meet at least once annually to transact business as may come before it
(j) Members may be paid such reasonable compensation as the board may from time to time determine, and in addition may be reimbursed for all reasonable and necessary expenses actually incurred in the performance of their duties compensation and reimbursed for actual and necessary expenses as provided in section eleven, article one of this chapter, which compensation and expenses shall be paid in accordance with the provisions of subsection (b), section five of this article."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 453), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Andes.
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 3006) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 454), 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: Talbott 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 (H. B. 3006) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
H. B. 3184, Relating to confidentiality, disclosure and authorization for disclosure of mental health information.
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 striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 3. CONFIDENTIALITY.
§27-3-1. Definition of confidential information; disclosure.
(a) Communications and information obtained in the course of treatment or evaluation of any client or patient shall be deemed to be are confidential information. and shall include Such confidential information includes the fact that a person is or has been a client or patient, information transmitted by a patient or client or family thereof for purposes relating to diagnosis or treatment, information transmitted by persons participating in the accomplishment of the objectives of diagnosis or treatment, all diagnoses or opinions formed regarding a client's or patient's physical, mental or emotional condition; any advice, instructions or prescriptions issued in the course of diagnosis or treatment, and any record or characterization of the matters hereinbefore described. It does not include information which does not identify a client or patient, information from which a person acquainted with a client or patient would not recognize such client or patient, and uncoded information from which there is no possible means to identify a client or patient.
(b) Confidential information may be disclosed:
(1) In a proceeding under section four, article five of this chapter to disclose the results of an involuntary examination made pursuant to sections two, three or four, article five of this chapter;
(2) In a proceeding under article six-a of this chapter to disclose the results of an involuntary examination made pursuant thereto;
(3) Pursuant to an order of any court based upon a finding that said the information is sufficiently relevant to a proceeding before the court to outweigh the importance of maintaining the confidentiality established by this section;
(4) To protect against a clear and substantial danger of imminent injury by a patient or client to himself, herself or another; and
(5) For treatment or internal review purposes, to staff of the mental health facility where the patient is being cared for or to other health professionals involved in treatment of the patient; and
(6) Without the patient's consent as provided for under the Privacy Rule of the federal Health Insurance Portability and Accountability Act of 1996, 45 C. F. R. §164.506 for thirty days from the date of admission to a mental health facility if: (I) The provider makes a good faith effort to obtain consent from the patient or legal representative prior to disclosure; (ii) the minimum information necessary is released for a specifically stated purpose; and (iii) prompt notice of the disclosure, the recipient of the information and the purpose of the disclosure is given to the patient.
§27-3-2. Authorization of disclosure of confidential information.
No consent or authorization for the transmission or disclosure of confidential information shall be is effective unless it is in writing and signed by the patient or client by his or her legal guardian. Every person signing an authorization shall be given a copy.
Every person requesting such the authorization shall inform the patient, client or authorized representative that refusal to give such the authorization will in no way jeopardize his or her right to obtain present or future treatment. except where and to the extent disclosure is necessary for treatment of said patient or client or for the substantiation of a claim for payment from a person other than the patient or client
ARTICLE 5. INVOLUNTARY HOSPITALIZATION.
§27-5-9. Rights of patients.
(a) No person shall may be deprived of any civil right solely by reason of his or her receipt of services for mental illness, mental retardation or addiction, nor shall does the receipt of such the services modify or vary any civil right of such the person, including, but not limited to, civil service status and appointment, the right to register for and to vote at elections, the right to acquire and to dispose of property, the right to execute instruments or rights relating to the granting, forfeiture or denial of a license, permit, privilege or benefit pursuant to any law, but a person who has been adjudged incompetent pursuant to article eleven of this chapter and who has not been restored to legal competency may be deprived of such rights. Involuntary commitment pursuant to this article shall does not of itself relieve the patient of legal capacity.
(b) Each patient of a mental health facility receiving services therefrom from the facility shall receive care and treatment that is suited to his or her needs and administered in a skillful, safe and humane manner with full respect for his or her dignity and personal integrity.
(c) Every patient shall have has the following rights regardless of adjudication of incompetency:
(1) Treatment by trained personnel;
(2) Careful and periodic psychiatric reevaluation no less frequently than once every three months;
(3) Periodic physical examination by a physician no less frequently than once every six months; and
(4) Treatment based on appropriate examination and diagnosis by a staff member operating within the scope of his or her professional license.
(d) The chief medical officer shall cause to be developed within the clinical record of each patient a written treatment plan based on initial medical and psychiatric examination not later than seven days after he or she is admitted for treatment. The treatment plan shall be updated periodically, consistent with reevaluation of the patient. Failure to accord the patient the requisite periodic examinations or treatment plan and reevaluations shall entitle entitles the patient to release.
(e) A clinical record shall be maintained at a mental health facility for each patient treated by the facility. The record shall contain information on all matters relating to the admission, legal status, care and treatment of the patient and shall include all pertinent documents relating to the patient. Specifically, the record shall contain results of periodic examinations, individualized treatment programs, evaluations and reevaluations, orders for treatment, orders for application for mechanical restraint and accident reports, all signed by the personnel involved.
A patient's clinical record shall be confidential and shall not be released by the Department of Health or its facilities or employees to any person or agency outside of the department except as follows:
(1) Pursuant to an order of a court of record.
(2) To the attorney of the patient, whether or not in connection with pending judicial proceedings.
As prescribed under section one, article three of this chapter;
(3) (2) With the written consent of the patient or of someone authorized to act on the patient's behalf and of the director to:
(i) Physicians and providers of health, social or welfare services involved in caring for or rehabilitating the patient, such information to be kept confidential and used solely for the benefit of the patient.
(ii) Agencies requiring information necessary to make payments to or on behalf of the patient pursuant to contract or in accordance with law. Only such information shall be released to third-party payers as is required to certify that covered services have been provided.
(iii) Other persons who have obtained such consent. No patient record, or part thereof, obtained by any agency or individual shall be released in whole or in part to any other individual or agency, unless authorized by the written consent of the patient or his legal representative.
(f) Every patient, upon his or her admission to a hospital and at any other reasonable time, shall be given a copy of the rights afforded by this section.
(g) The board of health shall promulgate rules and regulations Secretary of the Department of Health and Human Resources shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to protect the personal rights of patients not inconsistent with this section."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 455), 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: Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 3184) passed.
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. 178, Allowing counties to increase hotel occupancy tax.
On motion of Delegate DeLong, 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 Campbell, Carmichael and Yost.
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 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. 185, Creating Tobacco Settlement Finance Authority.
On motion of Delegate DeLong, 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 Campbell, Doyle and Anderson.
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 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. 36 - "Requesting the Division of Highways name the bridge at the Right Hand Fork of Gilbert Creek in Mingo County the 'Wilburn and Effie Cline Memorial Bridge'."
Whereas, Wilburn and Effie Cline were lifelong residents of Gilbert, Mingo County; and
Whereas, The town of Gilbert was a significant trade area for local residents; and
Whereas, Wilburn and Effie Cline owned and operated a country store in Gilbert most of their adult lives; and
Whereas, Wilburn and Effie Cline donated to the State of West Virginia the land needed to build the bridge at Right Hand Fork of Gilbert Creek; and
Whereas, It is fitting that this bridge be named for Wilburn and Effie Cline who represented the best qualities of citizens in this state by their industry, citizenship and dedication to meeting the needs of friends, neighbors and patrons at their country store; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge at the Right Hand Fork of Gilbert Creek in Mingo County the "Wilburn and Effie Cline Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways have made and be placed signs identifying the bridge as the "Wilburn and Effie Cline Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation.
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. 39 - "Requesting the Division of Highways name the Gilbert Creek bridge on U. S. Route 52 in Mingo County the 'Elmer and May Cline Memorial Bridge'."
Whereas, Elmer and May Cline were lifelong residents of Gilbert, Mingo County; and
Whereas, The town of Gilbert was a significant trade area for local residents; and
Whereas, Elmer and May Cline owned and operated a country store in Gilbert most of their adult lives; and
Whereas, Elmer and May Cline were revered by the community for their integrity and the contributions they made to the vitality of the town of Gilbert; and
Whereas, It is fitting that this bridge be named for Elmer and May Cline who represented the best qualities of citizens in this state by their industry, citizenship and dedication to meeting the needs of friends, neighbors and patrons at their country store; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the Gilbert Creek bridge on U. S. Route 52 in Mingo County the "Elmer and May Cline Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways have made and be placed signs identifying the bridge as the "Elmer and May Cline Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation.
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. 44 - "Requesting the Division of Highways name the bridge on Route 20 in Webster Springs, Webster County, the 'Kenny Ray Hamrick Memorial Bridge'."
Whereas, Kenny Ray Hamrick, a life-long resident of Webster Springs, operated several successful businesses, including Hamrick's Texaco and Restaurant, and served as a city councilman as well; and
Whereas, Kenny Ray Hamrick served his country faithfully and courageously in World War II, earning two purple hearts and two bronze stars for uncommon and exceptional acts of valor; and
Whereas, Kenny Ray Hamrick was a generous and charitable citizen of Webster Springs, frequently offering people who were down on their luck free meals at his restaurant while extending them credit for gasoline at his filling station; and
Whereas, It is fitting that this bridge be named for Kenny Ray Hamrick to honor his generosity and compassion; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name bridge on Route 20 in Webster Springs, Webster County, the "Kenny Ray Hamrick Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "Kenny Ray Hamrick Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and Kenny Ray Hamrick's son, Kevin R. Hamrick.
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. 56 - "Requesting the Joint Committee on Government and Finance study current law and practice of mass tort litigation related to exposure to asbestos and silica."
Whereas, Asbestos is a mineral that was used extensively in industrial applications, especially during the period from 1940 through the 1970s; and
Whereas, Silica is a naturally occurring mineral used in the production of glass, ceramics and buildings materials; and
Whereas, It has been indisputably determined that exposure to asbestos and silica can lead to deteriorating health and sometimes death; and
Whereas, Thousands of West Virginians have been exposed to asbestos and silica over the years; and
Whereas, A significant number of lawsuits have been filed in West Virginia and elsewhere, sometimes with hundreds, even thousands, of litigants; and
Whereas, The aforementioned lawsuits have exposed certain businesses to significant monetary liability; and
Whereas, Controversy has arisen in the areas of compensable injury, medical standards of disability degree of impairment and other areas which may be amenable to fair resolution through legislation; and
Whereas, It is inherently the duty of the Legislature to protect the legal rights of individuals and corporate citizens alike; and
Whereas, It is also the duty of the Legislature to do what is in its power to ensure its citizens' access to the courts; and
Whereas, The amount of litigation has put strain on the state's judicial system; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study current law and practice of mass tort litigation related to exposure to asbestos and silica; 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.
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. 60 - "Requesting the Joint Committee on Government and Finance study the role of principals in public schools of the state."
Whereas, School principals are held accountable by state law for the administrative and instructional supervision of the public school or schools to which they are assigned, including the planning, management, operation and evaluation of the total education program; and
Whereas, The role of principals in assignment, promotion, transfer and dismissal of all personnel assigned to the school or schools under their control is limited to submitting recommendations to the county superintendents; and
Whereas, The state has adopted as a priority the goal of providing well-trained, highly qualified principals for public schools and has made findings that the quality of the principal of a school is one of the most important factors in determining the academic achievement of students; and
Whereas, In the past decade, the role of school principals has become more complex and their primary mission has evolved from instructional leadership to administration of a system of rewards and punishments and serving as inspirational leaders having little real authority to influence behavior; and
Whereas, The expanded workload, complexity and amount of information, chaotic work environment, new federal mandates and changing public expectations for principals as managers leave little time to devote to defining and communicating goals, monitoring and providing feedback on the teaching and learning process, and promoting and emphasizing the importance of professional development; and
Whereas, Principals are pressured by parents, local communities, constituent organizations and state policymakers to be accountable for everything that takes place within their buildings, but the reality of shared decisionmaking necessitates meetings, negotiations and delegation of responsibilities that discourage principals from functioning as effective and efficient leaders; and
Whereas, Principals are held accountable as instructional leaders, but have little time to spend on evaluation, instruction and curriculum, concentrating instead, almost wholly, on reactive management issues such as discipline and public relations while leaving instructional matters to the discretion of teachers; and
Whereas, Education policymakers emphasize substitutes for instructional leadership, including provision of support functions such as technical assistance, incentives, commitment to innovation and technology and assessment of student progress; and
Whereas, School districts tend to divide their organizational structures into three parts: Administration, which includes the superintendent and deputy, principals and assistant principals and teachers; school support, which includes curriculum, professional development and assessment; and operations, which administers personnel, finance and budgeting, and legal and public information functions; and
Whereas, Professionals in administration are held accountable for student achievement, but various individuals in school support control curriculum and how money is spent; and
Whereas, This organizational structure within local school districts means that as professional educators seek career opportunities beyond the classroom, they must choose either an administrative track or a school support track, but cannot choose both. Those entering administration de-emphasize teaching and learning, focusing on administrative competencies and devoting little time or attention to questions of curriculum and professional development, while those in the school support track give little attention to details and demands of day-to-day school operations; and
Whereas, These organizational structures which cause principals to retreat from their traditional role as instructional leaders also are heightened by teacher empowerment movements which tend to regard intervention or oversight by principals as an intrusion on the teachers' professional judgment and prerogatives; and
Whereas, All these factors discourage principals from developing to their fullest capacity as school leaders and from promoting a culture of learning and high expectations within their schools; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the role of principals in public schools of the state; and, be it
Further Resolved, That the Joint Committee on Government and Finance's study include principal selection process, principal empowerment, instructional leadership, workload, performance incentives, site-based management and accountability, classroom performance standards, professional development, organizational structures, incentives to attract classroom teachers to serve as principals, school climate and student achievement; 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.
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. 61 - "Authorizing the issuance of revenue bonds payable from the State Excess Lottery Revenue Fund to provide new capital improvements, consisting of facilities, buildings and structures for state community and technical colleges."
Whereas, Section eighteen-a, article twenty-two, chapter twenty-nine of the Code of West Virginia, 1931, as amended, provides for the allocation and appropriation of state excess lottery revenues; and
Whereas, The West Virginia Higher Education Policy Commission is a governmental instrumentality of the State of West Virginia empowered and authorized to issue bonds by sections one and eight, article ten, chapter eighteen-b of the Code of West Virginia, 1931, as amended; and
Whereas, In accordance with the provisions of section eighteen-a, article twenty-two, chapter twenty-nine of the code of West Virginia, 1931, as amended, a special revenue fund within the State Lottery Fund in the State Treasury was established and is known as the State Excess Lottery Revenue Fund. From this fund the State Lottery Commission is to deposit $15 million annually to the Higher Education Improvement Fund for higher education; and
Whereas, In accordance with the provisions of section eighteen-a, article twenty-two, chapter twenty-nine of the Code of West Virginia, 1931, as amended, the adoption of a concurrent resolution by the Legislature authorizes the issuance of bonds and payment of debt service on the bonds from the Higher Education Improvement Fund for higher education. The bonds may be issued by the Higher Education Policy Commission, payable from the Higher Education Improvement Fund for higher education, and as may be authorized by the commission, from revenues pledged from required educational and general capital fees. The Lottery Commission shall deposit into the Higher Education Improvement Fund for higher education, created pursuant to said section, the sum of $5 million in each fiscal year to be used to pay debt service on the revenue bonds issued by the commission to finance improvements for state community and technical colleges. The revenues pledged for the repayment of principal and interest of these bonds may also include required educational and general capital fees authorized by sections one and eight, article ten, chapter eighteen-b of said code; and
Whereas, Every issue of the Commission's bonds shall be special obligations of the Commission, payable solely from the educational and general capital fees, the State Excess Lottery Revenue Fund and such other sources as may be authorized by the commission; and
Whereas, The bonds shall be authorized by resolution of the commission, shall bear the date, shall mature at time or times, not exceeding 40 years from the date of issue, and shall bear such rate or rates of interest as the resolution may provide; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby authorizes the issuance of revenue bonds payable from the State Excess Lottery Revenue Fund to provide new capital improvements, consisting of facilities, buildings and structures for state community and technical colleges; and, be it
Further Resolved, That the Higher Education Policy Commission may pledge for the repayment of principal and interest of revenue bonds issued pursuant to sections one and eight, article ten, chapter eighteen-b of the Code of West Virginia, 1931, as amended, the revenues in the Higher Education Improvement Fund for higher education authorized by section eighteen-a, article twenty-two, chapter twenty-nine of said code and other revenues as may be authorized by the commission. The revenues pledged for the repayment of principal and interest of such bonds may also include educational and general capital fees authorized by sections one and eight, article ten, chapter eighteen-b of said code; and, be it
Further Resolved, That every issue of its bonds shall be special obligations of the commission, payable solely from the educational and general capital fees or other sources available to the commission which are pledged therefor, including the higher education improvement fund for higher education; and, be it
Further Resolved, That, upon resolution of the commission, the funds deposited into the Higher Education Improvement Fund for higher education shall be deposited into the special Capital Improvement Fund created under section eight, article ten, chapter eighteen-b of the Code of West Virginia, 1931, as amended, and used to pay debt service on bonds authorized to be issued pursuant to this resolution and any funds not so applied may be used by the commission only to make capital improvements at community and technical colleges; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Governor and the Higher Education Policy Commission.
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. 69 - "Requesting the Joint Committee on Government and Finance study statutory provisions for annexation of unincorporated territory by municipal corporations."
Whereas, The annexation provisions of article six, chapter eight of the Code of West Virginia regarding annexation of unincorporated territory by municipal corporations greatly affects citizens in both the municipality and the county involved in the annexation process; and
Whereas, There are potential savings to municipalities and counties involved in the annexation process and citizens may benefit from improvements in the accountability and public discussion of annexation; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study statutory provisions for annexation of unincorporated territory by municipal corporations; and, be it
Further Resolved, That the Joint Committee on Government and Finance study the provisions for annexation of unincorporated territory by municipal corporations to ensure accountability, fairness and the furtherance of the public policies contained in the Consolidated Local Government Act; and, be it
Further Resolved, That the Joint Committee on Government and Finance study the cost effectiveness of the annexation process to ensure the financial soundness of any annexation plan and the provision of all necessary public services to both the municipality and the unincorporated territory affected; 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.
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. 70 - "Requesting the Division of Highways name bridge number 02-13-1.56 (4913) in Martinsburg, Berkeley County, the 'C. Vincent Townsend, Sr., Bridge'."
Whereas, C. Vincent Townsend, Sr., was born in Martinsburg, Berkeley County, on May 25, 1923, the son of Clarence William and Roxie Mae Townsend; and
Whereas, C. Vincent Townsend, Sr., graduated from Martinsburg High School, Potomac State College, West Virginia University and the Medical College of Virginia. Dr. Townsend served as a physician in the United States Navy at the Portsmouth Naval Hospital and on the USS Adirondack, an amphibious command ship, during the Korean War; and
Whereas, Dr. Townsend has practiced internal medicine and cardiology for more than 40 years in his hometown of Martinsburg; and
Whereas, Dr. Townsend was awarded the West Virginia State Medical Association "Physician of the Year Award" in 2000 and Dr. Townsend helped establish the local Heart Association, a pediatric heart clinic and the Shriner's Hospital Evaluation and Fund drives. He also acted as a cardiology consultant at the local Veterans' Administration hospital. Former Governor Jay Rockefeller appointed Dr. Townsend as Medical Director of Emergency Medical Services in regions eight and nine and, in this capacity, he participated in the establishment of the 911 service and a paramedic training program; and
Whereas, Dr. Townsend has served as Master of his local Freemason lodge in Martinsburg and is a past Grandmaster of the Grand Lodge of West Virginia. He has enjoyed a long and active membership in the local Rotary Club. Other positions and affiliations include the presidency of King's Daughter's Hospital and City Hospital staff, Eastern Panhandle Medical Society, Eastern Panhandle Heart Association, Junior Board of Trade, Eastern Panhandle Shrine Club, Burke Street School PTA and Medical College of Virginia Valley Chapter and West Virginia Chapter. He is a past director of the local Chamber of Commerce, past director of the West Virginia Heart Association, past director of Old National Bank and One Valley Bank and director emeritus of Branch Banking and Trust. He has been a member of the Sons of the American Revolution, Elks, Sons of Confederate Veterans, American Legion and numerous other organizations, not the least of which is the Exhausted Roosters which, in 1972, gave him honor by naming him the Exuberant Gizzard of the Exhausted Roosters; and
Whereas, Dr. Townsend and his wife of 57 years, Sarah Francis, have three sons: Clarence Vincent Townsend, Jr., a hospital administrator, Gary Miles Townsend, a physician and attorney, and Robin Wade Townsend, a doctor of veterinary medicine. Dr. Townsend and his wife also have seven grandchildren; and
Whereas, Dr. Townsend has devoted his life and energies to his family, his medical profession, his patients, his community, the State of West Virginia and his country; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name bridge number 02-13- 1.56 (4913) in Martinsburg, Berkeley County, the "C. Vincent Townsend, Sr., Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "C. Vincent Townsend, Sr., Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the Secretary of the Department of Transportation and to Dr. C. Vincent Townsend, Sr.
Special Calendar

Third Reading

Com. Sub. for S. B. 425, Relating to Water Pollution Control Revolving Fund loans; on third reading, coming up in regular order, with an amendment pending, was reported by the Clerk.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page two, following the enacting section, by inserting the following:
"CHAPTER 16. PUBLIC HEALTH.

ARTICLE 13E. COMMUNITY ENHANCEMENT ACT.
§16-13E-2. Definitions.
For purposes of this article:
(a) 'Assessment bonds' means special obligation bonds or notes issued by a community enhancement district which are payable from the proceeds of assessments.
(b) 'Assessment' means the fee, including interest, paid by the owner of real property located within a community enhancement district to pay for the cost of a project or projects constructed upon or benefitting or protecting such property and administrative expenses related thereto, which fee is in addition to all taxes and other fees levied on the property.
(c) 'Board' means a community enhancement board created pursuant to this article.
(d) 'Code' means the code of West Virginia, one thousand nine hundred thirty-one, as amended.
(e) 'Community enhancement district' or 'district' means a community enhancement district created pursuant to this article.
(f) 'Cost' means the cost of:
(1) Construction, reconstruction, renovation and acquisition of all lands, structures, real or personal property, rights, rights-of-way, franchises, easements and interests acquired or to be acquired by the district;
(2) All machinery and equipment, including machinery and equipment needed to expand or enhance county or city services to the district;
(3) Financing charges and interest prior to and during construction and, if deemed advisable by the district or governing body, for a limited period after completion of the construction;
(4) Interest and reserves for principal and interest, including costs of municipal bond insurance and any other type of financial guaranty;
(5) Costs of issuance in connection with the issuance of assessment bonds;
(6) The design of extensions, enlargements, additions and improvements to the facilities of any district;
(7) Architectural, engineering, financial and legal services;
(8) Plans, specifications, studies, surveys and estimates of costs and revenues;
(9) Administrative expenses necessary or incident to determining to proceed with any project; and
(10) Other expenses as may be necessary or incident to the construction, acquisition and financing of a project.
(g) 'County commission' means the governing body of a county as defined in section one, article one, chapter seven of this code.
(h) 'Governing body' means, in the case of a county, the county commission and in the case of a municipality, the mayor and council together, the council or the board of directors, as charged with the responsibility of enacting ordinances and determining the public policy of such municipality.
(i) 'Governmental agency' means the state government or any agency, department, division or unit thereof; counties; municipalities; any watershed enhancement districts, soil conservation districts, sanitary districts, public service districts, drainage districts, school districts, urban renewal authorities or regional governmental authorities established pursuant to this code.
(j) 'Municipality' means a municipality as defined in section two, article one, chapter eight of this code.
(k) 'Person' means an individual, firm, partnership, corporation, voluntary association or any other type of entity.
(l) 'Project' means the design, construction, reconstruction, establishment, acquisition, improvement, renovation, extension, enlargement, equipping, maintenance, repair (including replacements) and start-up operation of water source of supply, treatment, transmission and distribution facilities, sewage treatment, collection and transmission facilities, stormwater systems, police stations, fire stations, libraries, museums, schools, other public buildings, hospitals, piers, docks, terminals, drainage systems, culverts, streets, roads, bridges (including approaches, causeways, viaducts, underpasses and connecting roadways), motor vehicle parking facilities (including parking lots, buildings, ramps, curb-line parking, meters and other facilities deemed necessary, appropriate, useful, convenient or incidental to the regulation, control and parking of motor vehicles), public transportation, public recreation centers, public recreation parks, swimming pools, tennis courts, golf courses, equine facilities, motor vehicle competition and recreational facilities, flood protection or relief projects, or the grading, regrading, paving, repaving, surfacing, resurfacing, curbing, recurbing, widening, lighting or otherwise improving any street, avenue, road, highway, alley or way, or the building or renewing of sidewalks and flood protection; and the terms shall mean and include any project as a whole, and all integral parts thereof, including all necessary, appropriate, useful, convenient or incidental appurtenances and equipment in connection with any one or more of the above.
§16-13E-4. Petition for creation or expansion of community enhancement district; petition requirements.

(a) The owners of at least sixty-one percent of the real property, determined by acreage, located within the boundaries of the area described in the petition, by metes and bounds or otherwise in a manner sufficient to describe the area, may petition a governing body to create or expand a community enhancement district.
(b) The petition for the creation or expansion of a community enhancement district shall include, where applicable, the following:
(1) The proposed name and proposed boundaries of such district and a list of the names and addresses of all owners of real property within the proposed district;
(2) A detailed project description;
(3) A map showing the proposed project, including all proposed improvements;
(4) A list of estimated project costs and the preliminary plans and specifications for such improvements, if available;
(5) A list of nonproject costs and how they will be financed;
(6) A consultant study outlining the projected assessments, setting forth the methodology for determining the assessments and the methodology for allocating portions of an initial assessment against a parcel expected to be subdivided in the future to the various lots into which the parcel will be subdivided and demonstrating that such assessments will adequately cover any debt service on bonds issued to finance the project and ongoing administrative costs;
(7) A development schedule;
(8) A list of recommended members for the board;
(9) If the project includes water, wastewater or sewer improvements, written evidence from the utility or utilities that will provide service to the district, if any, that said utility or utilities:
(A) Currently has adequate capacity to provide service without significant upgrades or modifications to its treatment, storage or source of supply facilities;
(B) Will review and approve all plans and specifications for the improvements to determine that the improvements conform to the utility's reasonable requirements and, if the improvement consists of water transmission or distribution facilities, that the improvements provide for adequate fire protection for the district; and
(C) If built in conformance with said plans and specifications, will accept the improvements following their completion, unless such projects are to be owned by the district;
(10) If the project includes improvements other than as set forth in subdivision (9) of this subsection that will be transferred to another governmental agency, written evidence that such agency will accept such transfer, unless such projects are to be owned by the district;
(11) The benefits that can be expected from the creation of the district and the project; and
(12) A certification from each owner of real property within the proposed district who joins in the petition that he or she is granting an assessment against his or her property in such an amount as to pay for the costs of the project and granting a lien for said amount upon said property enforceable in accordance with the provision of this article.
(c) After reviewing the petition presented pursuant to this section, the governing body may by order or ordinance determine the necessity and economic feasibility of creating a community enhancement district and developing, constructing, acquiring, improving or extending a project therein. If the governing body determines that the creation of a community enhancement district and construction of the project is necessary and economically feasible, it shall set a date for the public meeting required under section five of this article and shall cause the petition to be filed with the clerk of the county commission or the clerk or recorder of the municipality, as the case may be, and be made available for inspection by interested persons before the meeting.
(d) Notwithstanding any other provision of this article to the contrary, nothing in this article shall modify:
(1) The jurisdiction of the public service commission to determine the convenience and necessity of the construction of utility facilities, to resolve disputes between utilities relating to which utility should provide service to a district or otherwise to regulate the orderly development of utility infrastructure in the state; or
(2) The authority of the infrastructure and jobs development council as to the funding of utility facilities to the extent that loans, loan guarantees, grants or other funding assistance from a state infrastructure agency are involved.
§16-13E-6. Creation of community enhancement district; community enhancement district to be a public corporation and political subdivision; powers thereof; community enhancement boards.

(a) Each community enhancement district shall be created by adoption or enactment of an order or ordinance.
(b) From and after the date of the adoption or enactment of the order or ordinance creating a community enhancement district, it shall thereafter be a public corporation and political subdivision of this state, but without any power to levy or collect ad valorem taxes. Each community enhancement district is hereby empowered and authorized, in addition to any other rights, powers and authorities conferred upon it in this article or elsewhere in this code, to:
(1) Acquire, own and hold, in its corporate name, by purchase, lease, right of eminent domain, gift or otherwise, such property, both real and personal and other interests in real estate, or any other property, whether tangible or intangible, as may be necessary or incident to the planning, financing, development, construction, acquisition, extension, improvement and completion of a project;
(2) Design, plan, finance, develop, construct, acquire, extend, improve and complete one or more projects and assess the cost of all or any portion of a project on real property located within the community enhancement district;
(3) Sue or be sued;
(4) Establish a bank account or accounts in its name;
(5) Enter into agreements or other transactions with any person or governmental agency necessary or incident to the development, planning, construction, acquisition or improvement of a project or for the operation, maintenance or disposition of a project or for any other services required by a project;
(6) Annually, on or before the seventh day of June, certify to the sheriff of the county in which the property is located the assessments granted against all property in the district for inclusion in the tax ticket;
(7) Expend funds to acquire, or construct part of a project on property located outside of a community enhancement district, and for any work undertaken thereon, as may be necessary or incident to the completion of a project;
(8) Enter into agreements with one or more counties, municipalities, public service districts or community enhancement districts to plan, develop, construct, acquire or improve a project jointly;
(9) Accept appropriations, gifts, grants, bequests and devises and use or dispose of the same to carry out its corporate purpose;
(10) Make and execute contracts, releases, assignments, compromises and other instruments necessary or convenient for the exercise of its powers, or to carry out its corporate purpose;
(11) Have a seal and alter the same;
(12) Raise funds by the issuance and sale of assessment bonds;
(13) Obtain options to acquire real property, or any interest therein, by purchase, lease or otherwise, which is found by the board to be suitable as a site, or part of a site, for the construction of a project;
(14) Pledge funds generated by assessments in a district or proceeds from the sale of assessment bonds to payment of debt service on tax increment financing obligations issued under article eleven-b, chapter seven of this code, for the period of time determined by the community enhancement board; and
(15) Take any and all other actions consistent with the purpose of this article and not in violation of the constitution of this state as may be necessary or incident to the construction and completion of a project.
(c) Notwithstanding the powers granted to community enhancement districts in subsection (b) of this section or as otherwise provided in this code, no community enhancement district may expend funds to assist any utility to upgrade, improve, modify, repair or replace the utility's existing storage, treatment or source of supply facilities, whether such existing facilities are located within or outside of the district.
(d)(c)The powers of each community enhancement district shall be vested in and exercised by a community enhancement board which shall be composed of five members, four of whom shall be appointed by the governing body of the county or municipality in which the community enhancement district is located and one of whom shall be the sheriff or his or her designee of the county or the treasurer or his or her designee of the municipality (or such other person serving in an equivalent capacity if there is no treasurer), as the case may be, in which the community enhancement district is located. At least three members of the board shall be residents of the assessment district: Provided, That should less than three persons reside within the boundaries of the community enhancement district, then at least three members of the board shall be residents of the county or municipality, as the case may be: Provided, however, That if no persons reside within the boundaries of the community enhancement district then at least three members must be approved by the owner or owners of the land. No more than three initial members of the board may be from the same political party.
(e)(d) The four members appointed by the governing body shall be appointed for overlapping terms of four years each and thereafter until their respective successors have been appointed and have qualified. For the purpose of initial appointments, one member shall be appointed for a term of four years; one member shall be appointed for a term of three years; one member shall be appointed for a term of two years; and one member shall be appointed for a term of one year. Members may be reappointed for any number of terms. Before entering upon the performance of his or her duties, each member shall take and subscribe to the oath required by section five, article IV of the constitution of this state. Vacancies shall be filled by appointment by the governing body of the county or municipality creating the assessment district for the unexpired term of the member whose office shall be vacant and such appointment shall be made within thirty days of the occurrence of such vacancy. Any such member may be removed by the governing body which appointed such member in case of incompetency, neglect of duty, gross immorality or malfeasance in office. Members shall be entitled to no more than fifty dollars per meeting and reasonable expenses associated with their services.
(f)(e) The board shall organize within thirty days following the first appointments and annually thereafter at its first meeting after the first day of January of each year by selecting one of its members to serve as chairman, one to serve as treasurer and one to serve as secretary. The secretary, or his or her designee, shall keep a record of all proceedings of the board which shall be available for inspection as other public records, and the treasurer or his or her designee shall maintain records of all financial matters relating to the community enhancement district, which shall also be available for inspection as other public records. Duplicate records shall be filed with the clerk or recorder, as the case may be, of the county or municipality which created the community enhancement district and shall include the minutes of all board meetings. The secretary and treasurer shall perform such other duties pertaining to the affairs of the community enhancement district as shall be prescribed by the board.
(g)(f) The members of the board, and the chairman, secretary and treasurer thereof, shall make available to the governing body responsible for appointing the board, at all times, all of its books and records pertaining to the community enhancement district's operation, finances and affairs for inspection and audit. The board shall meet at least semiannually.
(h)(g) A majority of the members of the board constitutes a quorum and meetings shall be held at the call of the chairman.
(i)(h) Staff, office facilities and costs of operation of the board may be provided by the county or municipality which created the community enhancement district or by contract and said costs of operations shall be funded from assessments collected within the district.
(j)(i) The chairman shall preside at all meetings of the board and shall vote as any other members of the board, but if he or she should be absent from any meeting the remaining members may select a temporary chairman, and if the member selected as chairman resigns as such or ceases for any reason to be a member of the board, the board shall select one of its members as chairman to serve until the next annual organizational meeting.
(k)(j) The board shall, by resolution, determine its own rules of procedure, fix the time and place of its meetings and the manner in which special meetings may be called. The members of the board shall not be personally liable or responsible for any obligations of the assessment district or the board but are answerable only for willful misconduct in the performance of their duties.
(l)(k) The official name of a community enhancement district created under the provisions of this article may contain the name of the county or municipality, as the case may be, in which it is located.
(m)(l) Notwithstanding any provision in this code to the contrary, the power and authority hereby conferred on community enhancement districts may extend within the territory of a public service district created under section two, article thirteen-a of this chapter.
CHAPTER 22C. ENVIRONMENTAL RESOURCES; BOARDS, AUTHORITIES, COMMISSIONS AND COMPACTS."

And,
On page one, by amending the enacting section to read as follows:
"That §16-13E-2, §16-13E-4, and §16-13E-6 of the code of West Virginia, 1931, as amended, be amended and reenacted; and that §22C-2-1 and §22C-2-5 of said code be amended and reenacted, all to read as follows" followed by a colon.
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. 456), 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: Talbott 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. 425) 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. 425 - "A Bill to amend and reenact §16-13E-2, §16-13E-4, and §16- 13E-6 of the Code of West Virginia, 1931, as amended; and to amend and reenact §22C-2-1 and §22C-2-5 of said code, all relating to enhancement of existing public infrastructure funding sources; adding water treatment and waste water treatment as authorized projects in community enhancement districts; expanding the definition of 'local entity' for purposes of eligibility for funding from the Water Pollution Control Revolving Fund; and authorizing the Water Development Authority to take security or other interest in certain property to secure loans made from the Fund."
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. 447, Regulating opioid treatment centers; on third reading, coming up in regular order, with an amendment pending, was reported by the Clerk.
An amendment, recommended by the Committee on Finance, was reported by the Clerk, on page two, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:
"§16-1-4. Proposal of rules by the secretary.
The secretary may propose rules, in accordance with the provisions of article three, chapter twenty-nine-a of this code, that are necessary and proper to effectuate the purposes of this chapter. The secretary may appoint or designate advisory councils of professionals in the areas of hospitals, nursing homes, barbers and beauticians, postmortem examinations, mental health and mental retardation centers and any other areas necessary to advise the secretary on rules.
The rules may include, but are not limited to, the regulation of:
(a) Land usage endangering the public health: Provided, That no rules may be promulgated or enforced restricting the subdivision or development of any parcel of land within which the individual tracts, lots or parcels exceed two acres each in total surface area and which individual tracts, lots or parcels have an average frontage of not less than one hundred fifty feet even though the total surface area of the tract, lot or parcel equals or exceeds two acres in total surface area, and which tracts are sold, leased or utilized only as single family dwelling units. Notwithstanding the provisions of this subsection, nothing in this section may be construed to abate the authority of the department to: (1) Restrict the subdivision or development of a tract for any more intense or higher density occupancy than a single family dwelling unit; (2) propose or enforce rules applicable to single family dwelling units for single family dwelling unit sanitary sewerage disposal systems; or (3) restrict any subdivision or development which might endanger the public health, the sanitary condition of streams or sources of water supply;
(b) The sanitary condition of all institutions and schools, whether public or private, public conveyances, dairies, slaughterhouses, workshops, factories, labor camps, all other places open to the general public and inviting public patronage or public assembly, or tendering to the public any item for human consumption, and places where trades or industries are conducted;
(c) Occupational and industrial health hazards, the sanitary conditions of streams, sources of water supply, sewerage facilities and plumbing systems and the qualifications of personnel connected with any of those facilities, without regard to whether the supplies or systems are publicly or privately owned; and the design of all water systems, plumbing systems, sewerage systems, sewage treatment plants, excreta disposal methods and swimming pools in this state, whether publicly or privately owned;
(d) Safe drinking water, including:
(1) The maximum contaminant levels to which all public water systems must conform in order to prevent adverse effects on the health of individuals, and, if appropriate, treatment techniques that reduce the contaminant or contaminants to a level which will not adversely affect the health of the consumer. The rule shall contain provisions to protect and prevent contamination of wellheads and well fields used by public water supplies so that contaminants do not reach a level that would adversely affect the health of the consumer;
(2) The minimum requirements for: Sampling and testing; system operation; public notification by a public water system on being granted a variance or exemption or upon failure to comply with specific requirements of this section and rules promulgated under this section; record keeping; laboratory certification; as well as procedures and conditions for granting variances and exemptions to public water systems from state public water systems rules; and
(3) The requirements covering the production and distribution of bottled drinking water and may establish requirements governing the taste, odor, appearance and other consumer acceptability parameters of drinking water;
(e) Food and drug standards, including cleanliness, proscription of additives, proscription of sale and other requirements in accordance with article seven of this chapter as are necessary to protect the health of the citizens of this state;
(f) The training and examination requirements for emergency medical service attendants and emergency medical care technician-paramedics; the designation of the health care facilities, health care services and the industries and occupations in the state that must have emergency medical service attendants and emergency medical care technician-paramedics employed and the availability, communications and equipment requirements with respect to emergency medical service attendants and to emergency medical care technician-paramedics: Provided, That any regulation of emergency medical service attendants and emergency medical care technician-paramedics shall not exceed the provisions of article four-c of this chapter;
(g) The health and sanitary conditions of establishments commonly referred to as bed and breakfast inns. For purposes of this article, "bed and breakfast inn" means an establishment providing sleeping accommodations and, at a minimum, a breakfast for a fee: Provided, That the secretary may not require an owner of a bed and breakfast providing sleeping accommodations of six or fewer rooms to install a restaurant style or commercial food service facility: Provided, however, That the secretary may not require an owner of a bed and breakfast providing sleeping accommodations of more than six rooms to install a restaurant-type or commercial food service facility if the entire bed and breakfast inn or those rooms numbering above six are used on an aggregate of two weeks or less per year;
(h) Fees for services provided by the bureau for public health including, but not limited to, laboratory service fees, environmental health service fees, health facility fees and permit fees;
(i) The collection of data on health status, the health system and the costs of health care;
(j) Opioid treatment programs duly licensed and operating under the requirements of chapter twenty-seven of this code. The Health Care Authority shall develop new certificate of need standards, pursuant to the provisions of article two-d of this chapter, that are specific for opioid treatment program facilities. No applications for a certificate of need for opioid treatment programs shall be approved by the Health Care Authority as of the effective date of the two thousand seven amendments to this subsection, which shall extend until the Legislature determines the adequacy of the standards and the necessity for additional opioid treatment programs. The secretary shall promulgate revised emergency rules to govern such licensed programs: Provided, That there shall be a moratorium on the licensure of new opioid treatment programs that do not have a certificate of need as of the effective date of the two thousand seven amendments to this subsection, which shall continue until the Legislature determines that there is a necessity for additional opioid treatment facilities in West Virginia. The secretary files shall file revised emergency rules with the secretary of state to regulate such opioid programs in compliance with subsections (1) through (9), inclusive, of this section: Provided, That any opioid treatment program facility that has received a certificate of need pursuant to article two-d, of this chapter by the Health Care Authority shall not be permitted to proceed to license and operate the facility. All existing opioid treatment programs shall be in compliance within one hundred eighty days of the effective date of this rule; and the revised emergency rules as required herein. The revised emergency rules shall provide at a minimum:
(1) That the initial assessment prior to admission for entry into the opioid treatment program shall include an initial drug test to determine whether an individual is either opioid addicted or presently receiving methadone for an opioid addiction from another opioid treatment program. The patient may be admitted to the program if there is a positive test for either opioids or methadone or there are objective symptoms of withdrawal, or both, and all other criteria set forth in the rule for admission into an opioid treatment program are met: Provided, That admission to the program may be allowed to the following groups with a high risk of relapse without the necessity of a positive test or the presence of objective symptoms: Pregnant women with a history of opioid abuse, prisoners or parolees recently released from correctional facilities, former clinic patients who have successfully completed treatment but who believe themselves to be at risk of imminent relapse and HIV patients with a history of intravenous drug use.
(2) That within seven days of the admission of a patient, the opioid treatment program shall complete an initial assessment and an initial plan of care. Subsequently, the opioid treatment program shall develop a treatment plan of care
by the thirtieth day after admission and attach to the patient's chart no later than five days after such plan is developed. The treatment plan is to reflect that detoxification is an option for treatment and supported by the program.
(3) That each opioid treatment program shall report and provide statistics to the Department of Health and Human Resources at least semi annually which includes the total number of patients; the number of patients who have been continually receiving methadone treatment in excess of two years, including the total number of months of treatment for each such patient
; the state residency of each patient; the number of patients discharged from the program, including the total months in the treatment program prior to discharge and whether the discharge was for:
(A) Termination or disqualification;
(B) Completion of a program of detoxification;
(C) Voluntary withdrawal prior to completion of all requirements of detoxification as determined by the opioid treatment program; or
(D) An unexplained reason.
(4) That random drug testing of patients be conducted during the course of treatment. For purposes of these rules, random drug testing shall mean that each patient of an opioid treatment program facility has a statistically equal chance of being selected for testing at random and at unscheduled times. Any refusal to participate in a random drug test shall be considered a positive test:
Provided, That nothing contained in this section or the legislative rules promulgated in conformity herewith will preclude any opioid treatment program from administering such additional drug tests as determined necessary by the opioid treatment program.
(5) That all random drug tests conducted by an opioid treatment program shall, at a minimum, test for the following:
(A) Opiates, including oxycodone at common levels of dosing;
(B) Methadone and any other medication used by the program as an intervention;
(C) Bezodiazepines including diazepam, lorazepan, clonazepam and alprazolam;
(D) Cocaine;
(E) Methamphetamine or amphetamine; and
(F) Other drugs determined by community standards, regional variation or clinical indication.
A positive test shall be a test that results in the presence of any drug or substance listed in this schedule and any other drug or substance prohibited by the opioid treatment program;
(6) That a positive drug test result after the first six months in an opioid treatment program shall result in the following:
(A) Upon the first positive drug test result, the opioid treatment program shall:
(1) Provide mandatory and documented weekly counseling to the patient, which shall include weekly meetings with a counselor who is licensed, certified or enrolled in the process of obtaining licensure or certification in compliance with the rules and on staff at the opioid treatment program;
(2)Immediately revoke the take home methadone privilege for a minimum of thirty days; and
(3) Begin administering twice per week drug tests during the period of weekly couseling.
(B) Upon a second positive drug test result within six months of a previous positive drug test result, the opioid treatment program shall:
(1) Provide mandatory and documented weekly counseling, which shall include weekly meetings with a counselor who is licensed, certified or enrolled in the process of obtaining licensure or certification in compliance with the rules and on staff at the opioid treatment program;

(2) Immediately revoke the take home methadone privilege for a minimum of sixty days; and
(3) Begin administering twice per week drug tests during the period of weekly couseling; and
(3)(
4) Provide mandatory documented treatment team meetings with the patient.
(C) Upon a third positive drug test result within a period of six months the opioid treatment program shall:
(1) Provide mandatory and documented weekly counseling, which shall include weekly meetings with a counselor who is licensed, certified or enrolled in the process of obtaining licensure or certification in compliance with the rules and on staff at the opioid treatment program;
(2) Immediately revoke the take home methadone privilege for a minimum of one hundred twenty days; and
(3) Begin administering twice per week drug tests during the period of weekly couseling; and
(3)
(4) Provide mandatory and documented treatment team meetings with the patient which will include, at a minimum: The need for continuing treatment; a discussion of other treatment alternatives; and the execution of a contract with the patient advising the patient of discharge for continued positive drug tests.
(D) Upon a fourth positive drug test within a six-month period, the patient shall be immediately discharged from the opioid treatment program, or, at the option of the patient, shall immediately be provided the opportunity to participate in a 21-day detoxification plan, followed by immediate discharge from the opioid treatment program.
(7) That the opioid treatment program must report and provide statistics to the Department of Health and Human Resources demonstrating compliance with the random drug test rules including confirmation that:
(A) The random drug tests were truly random in regard to both the patients tested and to the times random drug tests were administered by lottery or some other objective standard so as not to prejudice or protect any particular patient.
(B) The total number and the number of positive results; and
(C) The number of expulsions from the program.
(8) That all opioid treatment facilities be open for business seven days per week.
Provided, That the opioid treatment center maybe closed for eight holidays and two training days per year.
(9) That the Office of Health Facility Licensure and Certification develop policies and procedures in conjunction with the Board of Pharmacy that will allow access to the Prescription Drug Registry maintained by the Board of Pharmacy within the first month of admission of a patient and at each ninety day treatment review to ensure the patient is not seeking prescription medication from multiple sources.
(k) Other health-related matters which the department is authorized to supervise and for which the rule-making authority has not been otherwise assigned."
On motion of Delegates Border and Perdue, the amendment was amended on page eleven, section four-j, beginning on line twenty-four, after the word, "Pharmacy", by striking the words "within the first month of admission of a patient" and inserting in lieu thereof a comma and the words " before administration of methadone or other treatment in an opioid treatment program, after any positive drug test" followed by a comma.
The question now before the House being the amendment by the Committee on Finance, as amended, the same was put and prevailed.
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. 457), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: J. Miller
Absent And Not Voting: Talbott 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. 447) 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. 595, Revising workers' compensation statutes; 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, amending the bill on page three, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:
"CHAPTER 23. WORKERS' COMPENSATION.

ARTICLE 1. GENERAL ADMINISTRATIVE PROVISIONS.
§23-1-1. Workers' Compensation Commission created; findings.
(a) The Legislature finds that a deficit exists in the Workers' Compensation Fund of such critical proportions that it constitutes an imminent threat to the immediate and long-term solvency of the fund and constitutes a substantial deterrent to the economic development of this state. The Legislature further finds that addressing the workers' compensation crisis requires the efforts of all persons and entities involved and resolution of the crisis is in the best interest of the public. Modification to the rate system, alteration of the benefit structure, improvement of current management practices and changes in perception must be merged into a unified effort to make the workers' compensation system viable and solvent through the mutualization of the system and the opening of the market to private workers' compensation insurance carriers. It was and remains the intent of the Legislature that the amendments to this chapter enacted in the year two thousand three be applied from the date upon which the enactment was made effective by the Legislature. The Legislature finds that an emergency exists as a result of the combined effect of this deficit, other state budgetary deficits and liabilities and other grave social and economic circumstances currently confronting the state and that unless the changes provided by the enactment of the amendments to this chapter, as well as other legislation designed to address the problem are made effective immediately, the fiscal stability of this state will suffer irreparable harm. Accordingly, the Legislature finds that the need of the citizens of this state for the protection of the State Treasury and the solvency of the Workers' Compensation Funds requires the limitations on any expectations that may have arisen from prior enactments of this chapter.
(b) It is the further intent of the Legislature that this chapter be interpreted so as to assure the quick and efficient delivery of indemnity and medical benefits to injured workers at a reasonable cost to the employers who are subject to the provisions of this chapter. It is the specific intent of the Legislature that workers' compensation cases shall be decided on their merits and that a rule of 'liberal construction' based on any 'remedial' basis of workers' compensation legislation shall not affect the weighing of evidence in resolving such cases. The workers' compensation system in this state is based on a mutual renunciation of common law rights and defenses by employers and employees alike. Employees' rights to sue for damages over and above medical and health care benefits and wage loss benefits are to a certain degree limited by the provisions of this chapter and employers' rights to raise common law defenses such as lack of negligence, contributory negligence on the part of the employee, and others, are curtailed as well. Accordingly, the Legislature hereby declares that any remedial component of the workers' compensation laws is not to cause the workers' compensation laws to receive liberal construction that alters in any way the proper weighing of evidence as required by section one-g, article four of this chapter.
(c) The 'Workers' Compensation Division of the Bureau of Employment Programs' is, on or after the first day of October, two thousand three, reestablished, reconstituted and continued as the Workers' Compensation Commission, an agency of the state. The purpose of the commission is to ensure the fair, efficient and financially stable administration of the workers' compensation system of the State of West Virginia. The powers and duties heretofore imposed upon the Workers' Compensation Division and the Commissioner of the Bureau of Employment Programs as they relate to workers' compensation are hereby transferred to and imposed upon the Workers' Compensation Commission and its executive director in the manner prescribed by this chapter.
(d) It is the intent of the Legislature that the transfer of the administration of the workers' compensation system of this state from the Workers' Compensation Division under the Commissioner of the Bureau of Employment Programs to the Workers' Compensation Commission under its executive director and the workers' compensation board of managers is to become effective the first day of October, two thousand three. Any provisions of the enactment of Enrolled Senate Bill No. 2013 in the year two thousand three relating to the transfer of the administration of the workers' compensation system of this state that conflict with the intent of the Legislature as described in this subsection shall, to that extent, become operative on the first day of October, two thousand three, and until that date, prior enactments of this code in effect on the effective date of Enrolled Senate Bill No. 2013 relating to the administration of the workers' compensation system of this state, whether amended and reenacted or repealed by the passage of Enrolled Senate Bill No. 2013, have full force and effect. All provisions of the enactment of Enrolled Senate Bill No. 2013 in the year two thousand three relating to matters other than the transfer of the administration of the workers' compensation system of this state shall become operative on the effective date of that enactment, unless otherwise specifically provided in that enactment.
(e) It is the intent of the Legislature, expressed through its enactment of legislation, to transfer the regulation of the workers' compensation system to the Insurance Commissioner. By proclamation of the Governor, as authorized by article two-c of this chapter, the Workers' Compensation Commission was terminated on the thirty-first day of December, 2005. To further the transition from the state operated workers' compensation system to a system of private insurance, the duties and responsibilities of the Workers' Compensation Commission and the Board of Managers, including, but not limited to, rate-making and adjudication of claims now reside with the Insurance Commissioner.
§23-1-1f. Authority of Insurance Commission to exempt employees from classified service; exemption from purchasing rules.

The workers' compensation division shall continue to exist pursuant to article ten, chapter four of this code through the thirtieth day of September, two thousand three, at which time all powers and duties are transferred to the workers' compensation commission. The workers' compensation commission shall continue to exist, pursuant to said article until the first day of July, two thousand six, unless sooner terminated, continued or reestablished pursuant to the provisions of that article. Notwithstanding any other provision of this code, upon termination of the commission, the Insurance Commissioner may:
(1) Exempt no more than twenty positions of the offices of the Insurance Commissioner from the classified service of the state, the employees of which positions shall serve at the will and pleasure of the commissioner:
Provided, That such exempt positions shall be in addition to those positions in classified-exempt service under the classification plan adopted by the Division of Personnel. The Insurance Commissioner shall report all exemptions made under this section to the Director of the Division of Personnel no later than the first day of July, two thousand seven, and thereafter as the commissioner determines to be necessary; and
(2) Expend such sums for professional services as he or she determines are necessary to perform those duties transferred to the Insurance Commissioner upon the termination of the commission. The provisions of article three, chapter five-a of this code relating to the Purchasing Division of the Department of Administration shall not apply to these contracts, and the Insurance Commissioner shall award the contract or contracts on a competitive basis.
ARTICLE 2. EMPLOYERS AND EMPLOYEES SUBJECT TO CHAPTER; EXTRATERRITORIAL COVERAGE.

§23-2-9. Election of employer or employers' group to be self-insured and to provide own system of compensation; exceptions; self administration; rules; penalties; regulation of self-insurers.

(a) Notwithstanding any provisions of this chapter to the contrary, the following types of employers or employers' groups may apply for permission to self-insure their workers' compensation risk. including their risk of catastrophic injuries.
(1) The types of employers are:
(A) Any employer who is of sufficient capability and financial responsibility to ensure the payment to injured employees and the dependents of fatally injured employees of benefits provided for in this chapter at least equal in value to the compensation provided for in this chapter;
(B) Any employer or group of employers as provided for subdivision (c) in paragraph (A) of such capability and financial responsibility who that maintains its own benefit fund or system of compensation to which its employees are not required or permitted to contribute and whose benefits are at least equal in value to those provided for in this chapter; or
(C) Any employer who is signatory to a collective bargaining agreement that allows for participation in a group workers' compensation insurance program may join with any other employer or employers that are signatory to a collective bargaining agreement or agreements that allow for participation in a group workers' compensation program and jointly apply to the commission Insurance Commissioner to collectively self-insure their obligations under this chapter. The employers must collectively meet the conditions set forth in paragraph (A) or (B) of this subdivision. There shall be joint and several liability for all employers who choose to jointly self-insure under the provisions of this article.
(2) In order to be approved for self-insurance status, the employer shall:
(A) Have an effective health and safety program at its workplaces; and Submit all information requested by the Insurance Commissioner;
(B) Provide security or bond, in an amount and form determined by the executive director with the approval of the board of managers Insurance Commissioner, which shall balance the employer's financial condition based upon an analysis of its audited financial statements and the full accrued value of current liability for future claim payments based upon generally accepted actuarial and accounting principles of the employer's existing and expected liability;
(C) Meet the financial responsibility requirements set forth in rules promulgated by the board of managers or industrial council;
(D) Obtain and maintain a policy of excess insurance if required to do so by the Insurance Commissioner; and
(E) Have an effective health and safety program at its workplaces
.
(3) Any employer whose record upon the books of the commission shows a liability, as determined on an accrued basis against the workers' compensation fund incurred on account of injury to or death of any of the employer's employees, in excess of premiums paid by the employer, shall not be granted the right, individually and directly or from the benefit funds or system of compensation, to be self-insured until the employer has paid into the workers' compensation fund the amount of the excess of liability over premiums paid, including the employer's proper proportion of the liability incurred on account of catastrophes or second injuries as defined in section one, article three of this chapter and charged against such fund.
(4) (3) Upon a finding that the employer has met all of the requirements of this section and any rules promulgated thereunder, the employer may be permitted self-insurance status. An annual review of each self-insurer's continuing ability to meet its obligations and the requirements of this section shall be made by the workers' compensation commission Insurance Commissioner. At the time of such review, the Insurance Commissioner may require that the self-insured employer post a bond or security or obtain and maintain an excess insurance policy. This review shall also include a redetermination recalculation of the amount of any security, or bond, which shall be provided by the employer or policy of excess insurance previously required to be posted or obtained under any provision of this chapter or any rules promulgated thereunder. Failure to provide any new the required amount or form of security or bond or to obtain or maintain the required excess insurance policy may cause the employer's self-insurance status to be terminated by the workers' compensation commission Insurance Commissioner. The security or bond provided by employers prior to the second day of February, one thousand nine hundred ninety-five, shall continue in full force and effect until the performance of the employer's annual review and the entry of any appropriate decision on the amount or form of the employer's security or bond.
(5) (4) Whenever a self-insured employer furnishes security or bond, including replacement and amended bonds and other securities, as surety to ensure the employer's or guarantor's payment of all obligations under this chapter for which the security or bond was furnished, the security or bond shall be in the most current form or forms approved and authorized by the commission or Insurance Commissioner for use by the employer or its guarantors, surety companies, banks, financial institutions or others in its behalf for that purpose.
(b) (1) Notwithstanding any provision in this chapter to the contrary, self-insured employers shall, effective the first day of July, two thousand four, administer their own claims. The executive director Insurance Commissioner shall, pursuant to rules promulgated by the board of managers or industrial council, regulate the administration of claims by employers granted permission to self- insure their obligations under this chapter. Such rules shall be promulgated at least thirty days prior to the first day of July, two thousand four. A self-insured employer shall comply with rules promulgated by the board of managers or industrial council governing the self-administration of its claims.
(2) An employer or employers' group who that self-insures its risk and self-administers its claims shall exercise all authority and responsibility granted to the commission Insurance Commissioner or private carriers in this chapter and provide notices of action taken to effect the purposes of this chapter to provide benefits to persons who have suffered injuries or diseases covered by this chapter. An employer or employers' group granted permission to self-insure and self- administer its obligations under this chapter shall at all times be bound and shall comply fully with all of the provisions of this chapter. Furthermore, all of the provisions contained in article four of this chapter pertaining to disability and death benefits are binding on and shall be strictly adhered to by the self-insured employer in its administration of claims presented by employees of the self- insured employer. Violations of the provisions of this chapter and such rules relating to this chapter as may be approved by the board of managers or industrial council may constitute sufficient grounds for the termination of the authority for any employer to self-insure its obligations under this chapter. Claim notices currently generated by the commission on behalf of self-insured employers must be generated and sent by the self-insured employer or its third-party administrator.
(c) Each self-insured employer shall, on or before the last day of the first month of each quarter or other assigned reporting period, file with the commission Insurance Commissioner a certified statement of the total gross wages and earnings of all of the employer's employees subject to this chapter for the preceding quarter or other assigned reporting period. Each self-insured employer shall pay into the workers' compensation fund as portions of its self-insured employer premium tax:
(1) A sum sufficient to pay the employer's proper portion of the expense of the administration of this chapter;
(2) A sum sufficient to pay the employer's proper portion of the expense of claims for those employers who are in default in the payment of premium taxes or other obligations;
(3) A sum sufficient to pay the employer's fair portion of the expenses of the disabled workers' relief fund;
(4) A sum sufficient to maintain as an advance deposit an amount equal to the previous quarter or other assigned reporting period's payment of each of the foregoing three sums;
(5) A sum as determined by the commission to be sufficient to pay the employer's portion of rates, surcharges or deficit management and deficit reduction assessments; and
(6) A sum as determined by the commission to pay the employer's portion of self-insured catastrophic injury benefits, and second injury payments on all self-insured second injury claims other than second injury claims for those employers self-insured for second injury. Any employer previously self-insured for second injury benefits shall continue to be responsible for payment of those benefits.
(d) The required payments to the employer's injured employees or dependents of fatally injured employees as benefits provided for by this chapter including second injury benefits and catastrophic injury benefits, if applicable, shall constitute the remaining portion of the self-insurer's premium tax.
(e) Notwithstanding any provision of subsection (d) of this section to the contrary, except for those increases made effective for fiscal year two thousand four by action of the compensation programs performance council heretofore established in article three, chapter twenty-one-a of this code taken prior to the effective date of the amendment and reenactment of this section, the portion of the premium taxes for each self-insured employer as determined under subdivisions (1) through (6), inclusive, subsection (c) of this section shall not be increased during fiscal years two thousand four, two thousand five and two thousand six.
(f) (d) (1) If an a self-insured employer defaults in the payment of any portion of its self- insured employer premium taxes, surcharges or assessments required under this chapter or rules promulgated thereunder, or in any payment required to be made as benefits provided by this chapter to the employer's injured employees or dependants of fatally injured employees, the commission Insurance Commissioner shall, in an appropriate case, determine the full accrued value based upon generally accepted actuarial and accounting principles of the employer's liability, including the costs of all awarded claims and of all incurred but not reported claims. The amount determined may, in an appropriate case, be assessed against the employer. The commission Insurance Commissioner may demand and collect the present value of the defaulted tax liability. Interest shall accrue upon the demanded amount as provided for in section thirteen of this article until the premium tax liability is fully paid. Payment of all amounts then due to the commission Insurance Commissioner and to the employer's employees is a sufficient basis for reinstating the employer to good standing with the fund Insurance Commissioner and removing the employer from default status. In addition, any self-insured employer who, without good cause, ceases to make required payments to the employer's injured employees or dependents of fatally injured employees as benefits provided for by this chapter including second injury benefits and catastrophic injury benefits, if applicable, is in default. The board of managers shall establish by rule the procedures by which the existence or nonexistence of good cause is to be determined by the commission.
(2) Premium tax The assessments and surcharges required to be paid by self-insured employers pursuant to the provisions of this chapter and the rules promulgated thereunder are special revenue taxes under and according to the provisions of state workers' compensation law and are considered to be tax claims, as priority claims or administrative expense claims according to those provisions under the law provided in the United States bankruptcy code, Title 11 of the United States Code. In addition, as the same was previously intended by the prior provisions of this section, this amendment and reenactment is for the purpose of clarification of the taxing authority of the workers' compensation commission Insurance Commissioner.
(g) Each self-insured employer shall elect whether or not to self-insure its catastrophic injury risk as defined in subsection (c), section one, article three of this chapter. A self-insured employer who elects to insure its catastrophic risk through a policy of excess insurance obtained through a private insurance carrier approved by the commission shall provide a copy of the policy to the commission. Upon termination of the commission, self-insured employers shall either self-insure their catastrophic risk or insure their catastrophic risk through a policy of excess insurance obtained through a private insurance carrier approved by the insurance commissioner. Self-insured employers shall also reinsure their catastrophic risks.
(1) If the employer does not elect to self-insure its catastrophic risk, the employer shall pay premium taxes for this coverage in the same manner as is provided for in section four of this article and in rules adopted to implement that section. As stated in this subsection, this option shall expire upon termination of the commission. If the employees of that employer suffer injury or death from a catastrophe, the payment of the resulting benefits shall be made from the catastrophe reserve of the surplus fund provided for in subsection (b), section one, article three of this chapter. Any portion of an employer's catastrophic liability insured and paid under a policy of insurance purchased by the employer shall not be included in the liabilities upon which the employer's security or bond is determined in subsection (a) of this section.
(2) If an otherwise self-insured employer elects to self-insure its catastrophic risk, the security or bond required in subsection (a) of this section shall include the liability for the catastrophic risk.
(h) For those employers previously permitted to self-insure their second injury risks, the amount of the security or bond required in subsection (a) of this section shall include the liability for that risk. All benefits provided for by this chapter which are awarded to the employer's employees which constitute second injury life awards shall be paid by the employer and not the commission.
(i) (e) The commission may create, implement, establish and administer a perpetual self- insurance security risk pool of funds, sureties, securities, insurance provided by private insurance carriers or other states' programs, and other property, of both real and personal properties, to secure the payment of obligations of self-insured employers. If a pool is created, the board of managers shall adopt rules for the organizational plan, participation, contributions and other payments which may be required of self-insured employers under this section. The board of managers may adopt a rule authorizing the commission to assess each self-insured employer in proportion according to each employer's portion of the unsecured obligation and liability or to assess according to some other method provided for by rule which shall properly create and fund the risk pool to serve the needs of employees, employers and the Workers' Compensation Fund by providing adequate security. The board of managers establishing a security risk pool, may authorize the executive director to use any assessments, premium taxes and revenues and appropriations as may be made available to the commission. Effective upon termination of the commission, all statutory and regulatory authority provided to the commission and board of managers over pools created pursuant to this section, as such pools are defined in section two, article two-c of this chapter, shall transfer to the Insurance Commissioner. Provided, That the funds contained in the security pool shall be deposited into the old fund and the funds contained in the guaranty pool shall be deposited in the self-insured employer guaranty risk pool created in article two-c of this chapter. All assets held by the commission for security pursuant to 85 CSR §19 (2004) shall transfer to the insurance commissioner.
(j) (f) Any self-insured employer which has had a period of inactivity due to the nonemployment of employees which results in its reporting of no wages on reports to the commission Insurance Commissioner for a period of four or more consecutive quarters shall may have its status at the commission inactivated and shall apply for reactivation to status as a self- insured employer prior to its reemployment of employees. Despite the inactivation, the self-insured employer shall continue to make payments on all awards for which it is responsible. Upon application for reactivation of its status as an operating self-insured employer, the employer shall document that it meets the eligibility requirements needed to maintain self-insured employer status under this section and any rules adopted to implement it. If the employer is unable to requalify and obtain approval for reactivation, the employer shall, effective with the date of employment of any employee, become a subscriber to the workers' compensation fund and, upon termination of the commission, shall purchase workers' compensation insurance as provided for in article two-c of this chapter, but shall continue to be a self-insurer as to the prior period of active status and to furnish security or bond and meet its prior self-insurance obligations.
(k) (g) In any case under the provisions of this section that require requires the payment of compensation or benefits by an employer in periodical payments and the nature of the case makes it possible to compute the present value of all future payments, the commission may, in its discretion, at any time compute and permit to be paid into the Workers' Compensation Fund an amount equal to the present value of all unpaid future payments on the award or awards for which liability exists in trust. Thereafter, the employer shall be discharged from any further portion of premium tax liability upon the award or awards and payment of the award or awards shall be assumed by the commission. Upon termination of the commission, those self-insured the process herein described will no longer be permitted. Self-insured employers may thereafter withdraw from self-insured status and purchase workers' compensation insurance as provided for in article two-c of this chapter, but said self-insured employers shall remain liable for their self-insured employer claims liabilities for each claim with a date of injury or last exposure prior to the effective date of insurance coverage.
(l) (h) Any employer subject to this chapter, who elects to carry the employer's own risk by being a self-insured employer and who has complied with the requirements of this section and of any applicable rules, shall not be liable to respond in damages at common law or by statute for the injury or death of any employee, however occurring, after the election's approval and during the period that the employer is allowed to carry the employer's own risk.
(m) (i) An employer may not hire any person or group to self-administer claims under this chapter as a third-party administrator unless the person or group has been determined to be qualified to be a third-party administrator by the commission Insurance Commissioner pursuant to rules adopted by the board of managers or industrial council. Any person or group whose status as a third-party administrator has been revoked, suspended or terminated by the commission Insurance Commissioner shall immediately cease administration of claims and shall not administer claims unless subsequently authorized by the commission Insurance Commissioner.
(n) (j) All regulatory, oversight and document gathering authority provided to the commission under this section nine, article two, chapter twenty-three shall transfer to the Insurance Commissioner and the industrial council upon termination of the commission.
ARTICLE 2C. EMPLOYERS' MUTUAL INSURANCE COMPANY.
§23-2C-3. Creation of employer mutual as successor organization of the West Virginia Workers' Compensation Commission.

(a) On or before the first day of June, two thousand five, the executive director may take such actions as are necessary to establish an employers' mutual insurance company as a domestic, private, nonstock, corporation to:
(1) Insure employers against liability for injuries and occupational diseases for which their employees may be entitled to receive compensation pursuant to chapter twenty-three of this code and federal Longshore and Harbor Workers' Compensation Act, 33 U.S.C. § 901, et seq.;
(2) Provide employer's liability insurance incidental to and provided in connection with the insurance specified in paragraph subdivision (1), including coal-workers pneumoconiosis coverage and employer excess liability coverage as provided in this chapter; and
(3) Transact such other kinds of property and casualty insurance for which the company is otherwise qualified under the provisions of this code.
(4) The company shall not sell, assign or transfer substantial assets or ownership of the company.
(b) If the executive director establishes a domestic mutual insurance company pursuant to subsection (a) of this section:
(1) As soon as practical, the company established pursuant to the provisions of this article shall, through a vote of a majority of its provisional board, file its corporate charter and bylaws with the Insurance Commissioner and apply for a license with the Insurance Commissioner to transact insurance in this state. Notwithstanding any other provision of this code, the Insurance Commissioner shall act on the documents within fifteen days of the filing by the company.
(2) In recognition of the workers' compensation insurance liability insurance crisis in this state at the time of enactment of this article and the critical need to expedite the initial operation of the company, the Legislature hereby authorizes the Insurance Commissioner to review the documentation submitted by the company and to determine the initial capital and surplus requirements of the company, notwithstanding the provisions of section five-b, article three of chapter thirty-three. The company shall furnish the Insurance Commissioner with all information and cooperate in all respects necessary for the Insurance Commissioner to perform the duties set forth in this section and in other provisions of this chapter and chapter thirty-three. The Insurance Commissioner shall monitor the economic viability of the company during its initial operation on not less than a monthly basis, until such time as the commissioner in his or her discretion, determines that monthly reporting is not necessary. In all other respects the company shall be subject to comply with the applicable provisions of chapter thirty-three of this code.
(3) Subject to the provisions of subsection subdivision (4) of this section subsection, the Insurance Commissioner may waive other requirements imposed on mutual insurance companies by the provisions of chapter thirty-three as the Insurance Commissioner determines is necessary to enable the company to begin insuring employers in this state at the earliest possible date.
(4) Within forty months of the date of the issuance of its license to transact insurance, the company shall comply with the capital and surplus requirements set forth in subsection (a), section five-b, article three, chapter thirty-three of this code in effect on the effective date of this enactment, unless said deadline is extended by the Insurance Commissioner.
(c) For the duration of its existence, the company is not and shall not be considered a department, unit, agency or instrumentality of the state for any purpose. All debts, claims, obligations and liabilities of the company, whenever incurred, shall be the debts, claims, obligations and liabilities of the company only and not of the state or of any department, unit, agency, instrumentality, officer or employee of the state.
(d) The moneys of the company are not and shall not be considered part of the General Revenue Fund of the state. The debts, claims, obligations and liabilities of the company are not and shall not be considered a debt of the state or a pledge of the credit of the state.
(e) The company is not subject to provisions of article nine-a, chapter six of this code; the provisions of chapter twenty-nine-b of this code; the provisions of article three, chapter five-a of this code; the provisions of article six, chapter twenty-nine of this code; the provisions of article six-a of said chapter; or the provisions of chapter twelve of this code.
(f) If the commission has been terminated, effective upon said termination, private carriers, including the company, shall not be subject to payment of premium taxes, surcharges and credits contained in article three of chapter thirty-three of this code on premiums received for coverage under this chapter. In lieu thereof, the workers' compensation insurance market shall be subject to the following:
(1) Each fiscal year, the Insurance Commissioner shall calculate a percentage surcharge to be collected by each private carrier from its policy holders. The surcharge percentage shall be calculated by dividing the previous fiscal year's total premiums collected plus deductible payments by all employers into the portion of the Insurance Commissioner's budget amount attributable to regulation of the private carrier market. This resulting percentage shall be applied to each policy holder's premium payment and deductible payments as a surcharge and remitted to the Insurance Commissioner. Said surcharge shall be remitted within ten (10) ninety (90) days of receipt of premium payments; whenever said payments are made by its insureds;
(2) Each fiscal year, the Insurance Commissioner shall calculate a percentage surcharge to be remitted on a monthly quarterly basis by self-insured employers and said percentage shall be calculated by dividing previous year's self-insured payroll in the state into the portion of the Insurance Commissioner's budget amount attributable to regulation of the self-insured employer market. This resulting percentage shall be applied to each self-insured employer's monthly payroll and the resulting amount shall be remitted as a regulatory surcharge by each self-insured employer. The Workers' Compensation Board of Managers or industrial council may promulgate a rule for implementation of this section. The company, all other private carriers and all self-insured employers shall furnish the Insurance Commissioner with all required information and cooperate in all respects necessary for the Insurance Commissioner to perform the duties set forth in this section and in other provisions of this chapter and chapter thirty-three. The surcharge shall be calculated so as to only defray the costs associated with the administration of chapter twenty-three of this code and the funds raised shall not be used for any other purpose.
(3) Upon termination of the commission, the company and all other private carriers shall collect a premiums surcharge from their policy holders equal to ten percent, or such higher or lower rate as annually determined, by the first day of May of each year, by the Insurance Commissioner to produce forty-five million dollars annually, of each policy holder's periodic premium amount for workers' compensation insurance. Additionally, by the first day of May each year, the self-insured employer community shall be assessed a cumulative total of nine million dollars. The methodology for the assessment shall be fair and equitable and determined by exempt legislative rule issued by the workers' compensation board of managers or industrial council. The amount collected shall be remitted to the Insurance Commissioner for deposit in the Workers' Compensation Debt Reduction Fund created in section five, article two-d of this chapter.
(g) The new premiums surcharge imposed by subdivision (2) (3), subsection (f) of this section shall sunset and not be collectible with respect to workers' compensation insurance premiums paid when the policy is renewed on or after the first day of the month following the month in which the Governor certifies to the Legislature that the revenue bonds issued pursuant to article two-d, chapter twenty-three of this code have been retired and that the unfunded liability of the old fund has been paid or has been provided for in its entirety, whichever occurs last.
§23-2C-8. Workers' Compensation Uninsured Employer Fund.

(a) The West Virginia Workers' Compensation Uninsured Employer Fund shall be governed by the following:
(1) All money and securities in the fund must be held by the State Treasurer as custodian thereof to be used solely as provided in this article.
(2) The State Treasurer may disburse money from the fund only upon written requisition of the Insurance Commissioner.
(3) Assessments. -- The Insurance Commissioner shall assess each private carrier and all may assess self-insured employers an amount to be deposited in the fund. The assessment may be collected by each private carrier from its policy holders in the form of a policy surcharge. To establish the amount of the assessment, the Insurance Commissioner shall determine the amount of money necessary to maintain an appropriate balance in the fund for each fiscal year and shall allocate a portion of that amount to be payable by private carriers, a portion to be payable by self-insured employers and a portion to be paid by any other appropriate group each of the groups subject to the assessment. After allocating the amounts payable by each group, the Insurance Commissioner shall apply an assessment rate to:
(A) Private carriers that reflects the relative hazard of the employments covered by the private carriers, results in an equitable distribution of costs among the private carriers and is based upon expected annual premiums to be received;
(B) Self-insured employers, if assessed, that results in an equitable distribution of costs among the self-insured employers and is based upon expected annual expenditures for claims; and
(C) Any other categories of payees groups assessed that results in an equitable distribution of costs among them and is based upon expected annual expenditures for claims or premium to be received.
(4) The Workers' Compensation Board of Managers or industrial council may adopt rules for the establishment and administration of the assessment methodologies, rates, payments and any penalties that the workers' compensation board of managers it determines are necessary to carry out the provisions of this section.
(b) Payments from the fund. -- shall be governed by the following:
(1) Except as otherwise provided in this subsection, an injured worker employee of any employer required to be covered under this chapter who has failed to obtain coverage may receive compensation from the uninsured employers' fund if such employee (A) He or she meets all jurisdictional and entitlement provisions of this chapter,(B) He or she files a claim with the Insurance Commissioner, and (C) He or she makes an irrevocable assignment to the Insurance Commissioner of a right to be subrogated to the rights of the injured employee.
(2) If the Insurance Commissioner receives a claim, it shall immediately notify the employer of the claim. For the purposes of this section, the employer has the burden of proving that it provided mandatory workers' compensation insurance coverage for the employee or that it was not required to maintain workers' compensation insurance for the employee. If the employer meets this burden, benefits shall not be paid from the fund. Employees who are injured while employed by a self- insured employer are ineligible for benefits from the Workers' Compensation Uninsured Employer Fund.
(3) Any employer who has failed to provide mandatory coverage required by the provisions of this chapter is liable for all payments made on its behalf, including any benefits, administrative costs and attorney's fees paid from the fund or incurred by the Insurance Commissioner.
(4) The Insurance Commissioner:
(A) May recover from the employer the payments made by it, any accrued interest and attorney fees and costs by bringing a civil action in a court of competent jurisdiction.
(B) May enter into a contract with any person, including the third-party administrator of the Uninsured Employer Fund, to assist in the collection of any liability of an uninsured employer.
(C) In lieu of a civil action, may enter into an agreement or settlement regarding the collection of any liability of an uninsured employer.
(5) The Insurance Commissioner shall:
(A) Determine whether the employer was insured within five days after receiving notice of the claim from the employee.
(B) Assign the claim to the third-party administrator of the fund for administration and, if appropriate, payment of compensation.
(c) Initial determination upon receipt of a claim. --
(1) If the Insurance Commissioner determines that the claimant's employer
maintained a policy of Workers' Compensation insurance pursuant to this chapter on the date of injury or last exposure or that the employer was not required to maintain such a policy on such date, then the claim shall not be accepted into the fund; if the commissioner determines that the employer was required to maintain such a policy but failed to do so, the claim will be accepted into the fund and the Insurance Commissioner may assign such a claim to the third-party administrator of the fund for administration.
(6) (2) Upon determining whether the claim is accepted or denied, the third-party administrator The Insurance Commissioner shall notify the injured employee and the named employer of it's the determination made pursuant to subdivision (1) of this subsection and any party aggrieved thereby shall be entitled to protest such determination in a hearing before the Insurance Commissioner: Provided, That in any such proceeding, the employer has the burden of proving that it either provided mandatory workers' compensation insurance coverage or that it was not required to maintain workers' compensation insurance.
(d) Employer liability. --
(1) Any employer who has failed to provide mandatory coverage required by the provisions of this chapter is liable for all payments made and to be made on its behalf, including any benefits, administrative costs and attorney's fees paid from the fund or incurred by the Insurance Commissioner, plus interest calculated in accordance with the provisions of section thirteen, article two of this chapter.
(2) The Insurance Commissioner:
(A) May bring a civil action in a court of competent jurisdiction to recover from the employer the amounts set forth in subdivision (1) of this subsection. In any such action, the Insurance Commissioner may also recover the present value of the estimated future payments to be made on the employer's behalf and the costs and attorney's fees attributable to such claim: Provided, That the failure of the Insurance Commissioner to include a claim for future payments shall not preclude one or more subsequent actions for such amounts;
(B) May enter into a contract with any person, including the third-party administrator of the Uninsured Employer Fund, to assist in the collection of any liability of an uninsured employer; and
(C) In lieu of a civil action, may enter into an agreement or settlement regarding the collection of any liability of an uninsured employer.
(3) In addition to any other liabilities provided in this section, the Insurance Commissioner may impose an administrative penalty of not more than ten thousand dollars against an employer if the employer fails to provide mandatory coverage required by this chapter. All penalties and other moneys collected pursuant to this section shall be deposited into the Workers' Compensation Uninsured Employer Fund.
(7) (e) Protests to claims decisions. -- Any party aggrieved by a determination claims decision made by the Insurance Commissioner or the third-party administrator regarding the claims decisions made pursuant to this section in a claim that has been accepted into the fund may appeal object to that determination decision by filing a protest with the office of judges as set forth in article five of this chapter.
(8) An uninsured employer is liable for the interest on any amount paid on his or her claims from the fund. The interest must be calculated at a rate set in accordance with the provisions of section thirteen, article two of this chapter, compounded monthly, from the date the claim is paid from the account until payment is received by the Insurance Commissioner or third-party administrator from the employer.
(9) Attorney's fees recoverable by the Insurance Commissioner or third-party administrator pursuant to this section must be paid at the usual and customary rate for that attorney.
(10) In addition to any other liabilities provided in this section, the Insurance Commissioner or the third-party administrator may impose an administrative fine of not more than ten thousand dollars against an employer if the employer fails to provide mandatory coverage required by this chapter. All fines and other moneys collected pursuant to this section shall be deposited into the Uninsured Employer Fund.
(c) Employees of self-insured employers who are injured while employed by a self-insured employer are ineligible for benefits from the West Virginia Uninsured Employer Fund.
§23-2C-15. Mandatory coverage; changing of coverage.
(a) Effective upon termination of the commission, all subscriber policies with the commission shall novate to the company and all employers otherwise shall purchase workers' compensation insurance from the company unless permitted to self-insure their obligations. The company shall assume responsibility for all new fund obligations of the subscriber policies which novate to the company or which are issued thereafter. Each subscriber whose policy novates to the company shall also have its advanced deposit credited to its account with the company. Employers purchasing workers' compensation insurance from the company shall have the right to designate a representative or agent to act on its behalf in any and all matters relevant to coverage and claims as administered by the company.
(b) Effective the first day of July, two thousand eight, an employer may elect to: (1) Continue to purchase workers' compensation insurance from the company; (2) purchase workers' compensation insurance from another private carrier licensed and otherwise authorized to transact workers' compensation insurance in this state; or (3) self-insure its obligations if it satisfies all requirements of this code to so self-insure and is permitted to do so: Provided, That all state and local governmental bodies, including, but not limited to, all counties and municipalities and their subdivisions and including all boards, colleges, universities and schools, shall continue to purchase workers' compensation insurance from the company through the thirtieth day of June, two thousand twelve. The company and other private carriers shall be permitted to sell workers' compensation insurance through licensed agents in the state. To the extent that a private carrier markets workers' compensation insurance through a licensed agent, it shall be subject to all applicable provisions of chapter thirty-three of this code. All employers' must immediately notify the Insurance Commissioner of its private carrier and any change thereto.
(c) An employer may elect to change its private insurer carrier on or after the first day of July, two thousand eight, if the employer has:
(1) Given at least thirty days' notice to the Insurance Commissioner of the change of insurer; and
(2) Furnished evidence satisfactory to the Insurance Commissioner that the payment of compensation has otherwise been secured.
(d) Each private carrier and employer shall notify the Insurance Commissioner if an employer has changed his or her insurer or has allowed his or her insurance to lapse within twenty-four hours or by the end of the next working day, whichever is later, after the insurer has notice of the change or lapse.
(c) Every employer shall post a notice upon its premises in a conspicuous place identifying its industrial workers' compensation insurer. The notice must include the insurer's name, business address and telephone number and the name, business address and telephone number of its nearest adjuster in this state. The employer shall at all times maintain the notice provided for the information of his or her employees. Release of employer policy information and status by the industrial council and the Insurance Commissioner shall be governed by section four, article one of this chapter. The Insurance Commissioner shall collect and maintain information related to officers, directors and ten percent or more owners of each carrier's policy holders, The and each private carrier shall provide said information to the Insurance Commissioner within sixty days of the issuance of a policy and any changes to the information shall thereafter be reported within sixty days of such change.
(e) (d) Any rule promulgated by the workers' compensation board of managers or industrial council empowering agencies of this state to revoke or refuse to grant, issue or renew any contract, license, permit, certificate or other authority to conduct a trade, profession or business to or with any employer whose account is in default with the commission with regard to any liability under this chapter shall be fully enforceable by the Insurance Commissioner against the any such employer in policy default with a private carrier.
(f) (e) Effective the first day of January, two thousand nine, the company may decline to offer coverage to any applicant. Effective the first day of January, two thousand nine, the company and private carriers may cancel a policy or decline to renew a policy upon the issuance of sixty days' written advance notice to the policyholder: Provided, That cancellation of the policy by the carrier for failure of consideration to be paid by the policyholder is effective after fifteen days advance written notice of cancellation to the policyholder.
(f) Every private carrier shall notify the Insurance Commissioner or his or her designee of: (i) The issuance or renewal of insurance coverage, within ten calendar days of the effective date of coverage; and (ii) a termination of coverage due to lapse, refusal to renew or cancellation, within three business days of the effective date of the termination; such notifications shall be on forms developed by the Insurance Commissioner.
§23-2C-18. Ratemaking; Insurance Commissioner.
(a) For the fiscal year beginning the first day of July, two thousand six, the company shall charge the actuarially determined base rates for the fiscal year. The base rates shall be calculated by the company and submitted for approval by the insurance commissioner.
(b) For the fiscal year beginning the first day of July, two thousand seven, the company shall charge the actuarially determined base rates for said fiscal year. The base rates shall be calculated by the company and submitted for approval by the insurance commissioner.
(c) Effective for the fiscal year beginning the first day of July, two thousand eight, all private carriers' rates shall be governed by the following:
(1) For the period beginning on first day of July, two thousand eight, and ending on the thirtieth day of June, two thousand nine, no more than five percent variance from the base rates established by the insurance commissioner.
(2) For the period beginning on the first day of July, two thousand nine, and ending on the thirtieth day of June, two thousand ten, no more than ten percent variance from the base rates established by the insurance commissioner.
(d) For the period beginning on the first day of July, two thousand six through the thirtieth day of June, two thousand ten, the company and, when applicable, a private carrier, may continue to calculate experience modification factors and other related rating modification methodologies to adequately insure individual employer risks.
(e) The variances provided in this section are only applicable to base rates and shall be exclusive of experience modification and other related adjustments, including surcharges imposed by this chapter.
(f) For the period beginning the first day of July, two thousand ten, and thereafter, the insurance commissioner shall set base rates for approved classifications and thereafter in accordance with rules established in accordance with subsection nine of this section. Said rates shall be released to the public at least ninety days prior to the first day of July each year. Within thirty days from this release date, private carriers shall submit to the insurance commissioner their proposed rates, which may be higher than the base rates established by the insurance commissioner. The insurance commissioner retains authority to disapprove rates in effect if it is determined that the rates are not in compliance with the following:
(a) (1) The rate-making provisions and premium provisions contained in article two of this chapter shall not be applicable to the company or other private carriers. Rates for workers' compensation insurance are subject to the provisions of this section, section eighteen-a of this article and article twenty, chapter thirty-three of this code.
(2) In the event of any conflict, the provisions of this article shall have paramount effect, but the provisions in chapters twenty-three and thirty-three of this code shall be construed as complementary and harmonious unless so clearly in conflict that they cannot reasonably be reconciled.
(b) An insurer shall file its rates by filing a multiplier to be added to prospective loss costs that have been filed by the designated advisory organization on behalf of the insurer in accordance with section eighteen-a of this article and may also file carrier specific rating plans.
(1) (c) Rates must not be excessive, inadequate or unfairly discriminatory, nor may an insurer charge any rate which if continued will have or tend to have the effect of destroying competition or creating a monopoly.
(2) (d) The Insurance Commissioner may disapprove rates if there is not a reasonable degree of price competition at the consumer level with respect to the class of business to which they apply. In determining whether a reasonable degree of price competition exists, the Insurance Commissioner shall consider all relevant tests, including:
(A) (1) The number of insurers actively engaged in the class of business and their shares of the market; (B) (2) The existence of differentials in rates in that class of business;
(C) (3) Whether long-run profitability for private carriers generally of the class of business is unreasonably high in relation to its risk;
(D) (4) Consumers' knowledge in regard to the market in question; and
(E) (5) Whether price competition is a result of the market or is artificial. If competition does not exist, rates are excessive if they are likely to produce a long-run profit that is unreasonably high in relation to the risk of the class of business, or if expenses are unreasonably high in relation to the services rendered.
(3) (d) Rates are inadequate if they are clearly insufficient, together with the income from investments attributable to them, to sustain projected losses and expenses in the class of business to which they apply.
(4) (e) One rate is unfairly discriminatory in relation to another in the same class if it clearly fails to reflect equitably the differences in expected losses and expenses. Rates are not unfairly discriminatory because different premiums result for policyholders with similar exposure to loss but different expense factors, or similar expense factors but different exposure to loss, so long as the rates reflect the differences with reasonable accuracy. Rates are not unfairly discriminatory if they are averaged broadly among persons insured under a group, franchise or blanket policy.
(g) The rate-making provisions and premium provisions contained in article two of this chapter shall not be applicable to the company or other private carriers. The workers' compensation board of managers, in consultation with the insurance commissioner shall issue an exempt legislative rule to govern ratemaking and premium collection by the company and other private carriers.
§23-2C-18a. Designation of rating organization.
(a) For the purposes of this section:
(1) 'Classification system' or 'classification' means the plan, system or arrangement for grouping risks with similar characteristics or a specified class of risk by recognizing differences in exposure to hazards.
(2) 'Experience rating' means a statistical procedure utilizing past risk experience to produce a prospective premium credit, debit or unity modification.
(3) 'Prospective loss costs' means historical aggregate losses and loss adjustment expenses projected through development to their ultimate value and through trending to a future point in time. Prospective loss costs do not include provisions for profit or expenses other than loss adjustment expenses.
(4) 'Statistical plan' means the plan, system or arrangement used in collecting data for rate making or other purposes.
(b) The Insurance Commissioner shall designate one rating organization to:
(1) Assist the commissioner in gathering, compiling and reporting relevant statistical information on an aggregate basis;
(2) Develop and administer, subject to approval by the
commissioner, the uniform statistical plan, uniform classification plan and uniform experience rating plan;
(3) Develop and file manual rules, subject to the approval of the commissioner, that are reasonably related to the recording and reporting of data pursuant to the uniform statistical plan, uniform experience rating plan and the uniform classification plan; and
(4) File with the commissioner for approval all prospective loss costs, provisions for special assessments, all supplementary rating information and any changes, amendments or modification of the forgoing proposed in this state.

(c) Each workers' compensation insurer shall:
(1) Record and report its workers' compensation experience to the designated rating organization as set forth in the uniform statistical plan approved by the commissioner; and
(2) Adhere to the uniform classification plan and uniform experience rating plan developed by the designated rating organization and approved by the commissioner.
(d) The commissioner may promulgate exempt legislative rules to implement the provisions of this section, including a rule providing for the equitable sharing and recovery of the expense of the designated rating organization in performing the functions set forth in subsection (b) of this section.
§23-2C-19. Premium Payment; employer default; special provisions as to employer default collection.

(a) Each employer who is required to purchase and maintain workers' compensation insurance or who elects to purchase workers' compensation insurance shall pay a premium to a private carrier. Each carrier shall notify its policy holders of the mandated premium payment methodology and under what circumstances a policy holder will be found to be in policy default.
(b) An employer who is required to purchase and maintain workers' compensation insurance but fails to do so or otherwise enters policy default shall be deprived of the benefits and protection afforded by this chapter, including section six, article two of this chapter, and the employer is liable as provided in section eight of said article. The policy defaulted employer's liability under these sections is retroactive to the day the policy default occurs. The private carrier shall notify the policy defaulted employer of the method by which the employer may be reinstated with the private carrier.
(c) A private carrier is authorized to commence a civil action against an employer who, after due notice, defaults on any payment. If judgment is against the employer, the employer shall pay the costs of the action. Upon prevailing in a civil action, the private carrier is entitled to recover its attorneys' fees and costs of action from the employer.
(d) In addition to the provisions of subsection (a) of this section, any payment, interest and penalty due and unpaid under this chapter is a personal obligation of the employer, its officers and its directors, immediately due and owing to the private carrier and shall, in addition, be a lien enforceable against all the property of the employer: Provided, That the lien shall not be enforceable as against a purchaser (including a lien creditor) of real estate or personal property for a valuable consideration without notice, unless docketed as provided in section one, article ten-c, chapter thirty- eight of this code: Provided, however, That the lien may be enforced as other judgment liens are enforced through the provisions of said chapter and the same is considered deemed by the circuit court to be a judgment lien for this purpose.
(e) The secretary of state of this state shall withhold the issuance of any certificate of dissolution or withdrawal in the case of any corporation organized under the laws of this state or organized under the laws of any other state and admitted to do business in this state, until notified by its private carrier that all payments, interest and penalties thereon against the corporation which is an employer under this chapter have been paid or that provision satisfactory to the private carrier has been made for payment.
(f) (c) In addition to any other liabilities provided in this section, the Insurance Commissioner may impose an administrative fine of not more than ten thousand dollars against an employer if the employer fails to provide mandatory coverage required by this chapter. Further, prior to providing an applicant employer with coverage mandated in this chapter, all private carriers shall exercise reasonable due diligence to ensure that an employer applicant has not been in policy default with another carrier or in default with the commission. If it is discovered that the employer applicant remains in policy default with another carrier or the commission, the company or new carrier shall not provide the coverage mandated by this chapter until such time as the preexisting policy default is cured. Any provider violating this provision may be fined not more than ten thousand dollars by the insurance commissioner.
(g) (d) The company and the Insurance Commissioner shall be provided extraordinary powers to collect any premium amounts payable to the workers' compensation fund or the new fund and due from the first day of July, two thousand five, through the thirtieth day of June, two thousand eight. Those powers shall include: (1) Withholding of coverage effective the first day of January, two thousand six. Employers without coverage shall immediately be deprived of the benefits and protection afforded by this chapter, including section six, article two of this chapter and the employer is liable as provided in section eight of said article; (2) the right to maintain a civil action against all officers and directors of the employer individually for collection of the premium owed; and (3) the right to immediately report the employers to the State Tax Department and other state agencies to secure suspension of any and all licenses, certificates, permits, registrations and other similar approval documents necessary for the employer to conduct business in this state.
(e) Every agency shall, upon notification of employer default by the Insurance Commissioner, immediately begin the process to revoke or terminate any contract, license, permit, certificate or other authority to conduct a trade, profession, or business in this state and shall refuse to issue, grant or renew any such contract, license, permit, certificate or authority.
(1) The term 'employer default' means having an outstanding balance or liability to the old fund or to the uninsured employers' fund or being in policy default, as defined in section two, of this article, or failure to maintain mandatory workers' compensation coverage. An employer is not in default if it has entered into a repayment agreement with the Insurance Commissioner and remains in compliance with the obligations under the repayment agreement.
(2) The term 'agency' includes any unit of state government such as officers, agencies, divisions, departments, boards, commissions, authorities or public corporations.
(f) Any amounts owed by an employer to the state as a result of an employer default is a personal liability of the employer, its officers, owners, partners and directors and is immediately due and owing and shall, in addition, be a lien enforceable against all the property of the employer, its officers, owners, partners and directors:
Provided, That the lien shall not be enforceable as against a purchaser, including a lien creditor, of real estate or personal property for a valuable consideration without notice, unless docketed as provided in section one, article ten-c, chapter thirty-eight of this code: Provided, however, That the lien may be enforced as other judgment liens are enforced through the provisions of said chapter and the same is considered by the circuit court to be a judgment lien for this purpose.
(g) The Insurance Commissioner shall propose rules for adoption by the industrial council to effectuate the purposes of this section including the conditions under which agencies shall comply with the provisions of subsection (e) of this section and specifying how notice of default shall be given by the commissioner.
ARTICLE 5. REVIEW.
§23-5-9. Hearings on objections to Insurance Commissioner; private carrier or self-insured employer decisions; mediation; remand.

a) Objections to a decision of the Workers' Compensation Commission, the successor to the commission, other Insurance Commissioner, private insurance carriers and carrier or self-insured employers employer, whichever is applicable, made pursuant to the provisions of section one of this article shall be filed with the office of judges. Upon receipt of an objection, the office of judges shall notify the commission, the successor to the commission, other Insurance Commissioner, private insurance carriers and carrier or self-insured employers employer, whichever is applicable, and all other parties of the filing of the objection. The office of judges shall establish by rule promulgated in accordance with the provisions of subsection (e), section eight of this article an adjudicatory process that enables parties to present evidence in support of their positions and provides an expeditious resolution of the objection. The employer, the claimant, and the commission, the successor to the commission, other Insurance Commissioner, private insurance carriers and carrier or self-insured employers employer, whichever is are applicable, shall be notified of any hearing at least ten days in advance. The office of judges shall review and amend, or modify, as necessary its procedural rules by the first day of July, two thousand seven.
(b) The office of judges shall establish a program for mediation to be conducted in accordance with the requirements of rule twenty-five of the West Virginia Trial Court Rules. The parties may agree that the result of the mediation is binding. A case may be referred to mediation by the administrative law judge on his or her own motion, on motion of a party or by agreement of the parties. Upon issuance of an order for mediation, the office of judges shall assign a mediator from a list of qualified mediators maintained by the West Virginia State Bar.
(c) The office of judges shall keep full and complete records of all proceedings concerning a disputed claim. Subject to the rules of practice and procedure promulgated pursuant to section eight of this article, the record upon which the matter shall be decided shall include any evidence submitted by a party to the office of judges and evidence taken at hearings conducted by the office of judges. and any documents in the claim files which relate to the subject matter of the objection. The record may include evidence or documents submitted in electronic form or other appropriate medium in accordance with the rules of practice and procedure. The office of judges is not bound by the usual common law or statutory rules of evidence.
(d) All hearings shall be conducted as determined by the chief administrative law judge pursuant to the rules of practice and procedure promulgated pursuant to section eight of this article. Upon consideration of the designated record, the chief administrative law judge or other authorized adjudicator within the office of judges shall, based on the determination of the facts of the case and applicable law, render a decision affirming, reversing or modifying the action protested. The decision shall contain findings of fact and conclusions of law and shall be mailed to all parties.
(e) The rule authorized by subsection (a) of this section shall be promulgated on or before the first day of October, two thousand three. Until the rule is promulgated, any rules previously promulgated shall remain in full force and effect.
(f) (e) The office of judges may remand a claim to the commission, the successor to the commission, other Insurance Commissioner, private insurance carriers and carrier or self-insured employers employer, whichever is applicable, for further development of the facts or administrative matters as, in the opinion of the administrative law judge, may be necessary for a full and complete disposition of the case. The administrative law judge shall establish a time within which the commission, the successor to the commission, other Insurance Commissioner, private insurance carriers and carrier or self-insured employers employer, whichever is applicable, must report back to the administrative law judge.
(g) (f) The decision of the workers' compensation office of judges regarding any objections to a decision of the workers' compensation commission, the successor to the commission, other Insurance Commissioner private insurance carriers and carrier or self-insured employers employer, whichever is applicable, is final and benefits shall be paid or denied in accordance with the decision, unless an order staying the payment of benefits is specifically entered by the workers' compensation board of review created in section eleven of this article or by the administrative law judge who granted the benefits. No stay with respect to any medical treatment or rehabilitation authorized by the office of judges may be granted. If the decision is subsequently appealed and reversed in accordance with the procedures set forth in this article, and any overpayment of benefits occurs as a result of such reversal, any such overpayment may be recovered pursuant to the provisions of subsection (h), section one-c, article four or subsection (d), section one-d, article four of this chapter, as applicable."
On motion of Delegate Webster, the amendment was amended on page thirty-six, section eighteen, line thirteen, following the word "multiplier", by inserting the words "or multipliers".
And
On page thirty-six, section eighteen, line fourteen, following the word "be", by striking out the word "added" and inserting in lieu thereof the word "applied".
The question now before the House being the amendment by the Committee on the Judiciary, as amended, the same was put and prevailed.
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. 458), and there were--yeas 92, nays 6, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Argento, Barker, Kessler, Martin, Perry and Walters.
Absent And Not Voting: Talbott 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. 595) passed.
An amendment to the title of the bill, recommended by the Committee on the Judiciary, was reported by the Clerk.
At the request of Delegate Webster, and by unanimous consent, the Committee title amendment was withdrawn.
On motion of Delegate Webster, the title of the bill was then amended to read as follows:
Com. Sub. for S. B. 595 - "A Bill to amend and reenact §23-1-1 and §23-1-1f of the Code of West Virginia, 1931, as amended; to amend and reenact §23-2-9 of said code; to amend and reenact §23-2C-3, §23-2C-8, §23-2C-15, §23-2C-18 and §23-2C-19 of said code; to amend said code by adding thereto a new section, designated §23-2C-18a; and to amend and reenact §23-5-9 of said code, all relating to the transition to a private workers' compensation insurance system; expressing legislative intent; permitting the Insurance Commissioner to hire additional exempt employees; exempting the Insurance Commissioner from purchasing rules in some circumstances; changing requirements for approval of self-insured status and for reports from self-insured employers; making various technical changes necessitated by the transition to a private workers' compensation insurance system; reducing frequency of certain payments from self-insured employers and private carriers; authorizing the Insurance Commissioner to assess self-insured employers for certain funds; making certain assessments against self-insured employers discretionary with the Insurance Commissioner; clarifying how disputes related to claims against the Uninsured Employer Fund are resolved; increasing time that employers must report certain changes in coverage to the Insurance Commissioner; authorizing the Insurance Commissioner to promulgate exempt legislative rules; revising rate-making process; defining terms; providing for the designation of a single rating organization; deleting provisions regarding private carrier premium collection; requiring agencies to terminate or revoke licenses, permits or certifications of employers in default to the state; clarifying persons subject to certain liens; removing requirement that the record of proceedings before the office of judges include certain documents; requiring the implementation of any benefit or award granted by a decision of the Office of Judges, unless stayed by explicit order; placing limitations on scope of permitted stay; and regarding the handling of resulting overpayments."
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 459), and there were--yeas 95, nays 3, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Argento, Barker and Martin.
Absent And Not Voting: Talbott 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 (Com. Sub. for S. B. 595) 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. 612, Increasing criminal penalties for violations of certain hunting and fishing laws by nonresidents; 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 one, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 7. LAW ENFORCEMENT, MOTORBOATING, LITTER.
§20-7-9. Violations of chapter generally; penalties.
Any person violating any of the provisions of this chapter or rules and regulations promulgated under the provisions of this chapter, the punishment for which is not prescribed, shall be guilty of a misdemeanor and, upon conviction thereof, shall for each offense be fined not less than twenty nor more than three hundred dollars or confined in jail not less than ten or more than one hundred days, or be both fined and imprisoned within the limitations aforesaid and, in the case of a violation by a corporation, every officer or agent thereof directing or engaging in such violation shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to the same penalties and punishment as herein provided: Provided, That any person violating subdivision three, section five, article two of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred dollars nor more than five hundred dollars and shall be imprisoned for not less than ten days nor more than one hundred days: Provided, however, That any person violating sections forty-three and forty-five article two of this chapter who is in violation of section twenty-seven, article two of this chapter, as a result of their failure to have a valid Class E nonresident hunting and trapping license, as defined by section forty-two-d of this article, or, a valid Class EE nonresident bear hunting license, as defined by section forty-two-e of this article, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than two hundred fifty dollars nor more than three five hundred dollars, or confined in jail not less than ten nor more than one hundred days, or both fined and imprisoned within the limitations aforesaid: Provided further, That any person who is in violation of section twenty-seven, article two of this chapter, as a result of their failure to have a Class F nonresident fishing license, as defined by section forty-two-f of this article, shall be guilty of a misdemeanor and, upon conviction thereof, fined not less than one hundred dollars nor more than three hundred dollars, or confined in jail not less than ten nor more than one hundred days, or both fined and imprisoned: And provided further, That any person violating any parking or speeding regulations as promulgated by the director on any state parks, state forests, public hunting and fishing areas and all other lands and waters owned, leased or under the control of the department Division of Natural Resources shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than two nor more than one hundred dollars or imprisoned in the county jail not more than ten days, or both fined and imprisoned."
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. 460), 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: Talbott 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. 612) 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. 631, Providing refundable exemption for certain contractor purchases; on third reading, coming up in regular order, with an amendment pending, was read a third time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page three, section eight-d, line thirty-two, following the words "first day of", by striking out the word "January", and inserting in lieu thereof the word "July".
The bill was then read a third time.
Delegate Cowles requested to be excused from voting on the passage of S. B. 631 under the provisions of House Rule 49, stating that he was a licensed contractor.
Delegates Border, Tabb and Pino also requested to be excused from voting on the passage of the bill under the provisions of House Rule 49, stating that they were also employed in fields related to licensed contracting.
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. 461), 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: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 631) 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. 697, Creating Appalachian Region Interstate Compact; on third reading, coming up in regular order, with an amendment pending, was, at the request of Delegate DeLong, and by unanimous consent, placed at the foot of bills on third reading.
Com. Sub. for S. B. 194, Relating to appeal bonds; on third reading, coming up in regular,
was, at the request of Delegate Webster, and by unanimous consent, placed at the foot of bills on third reading.
Com. Sub. for S. B. 196, Relating to juvenile custody; 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. 462), 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: Ennis, Talbott 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. 196) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 371, Exempting certain professional services from consumers sales and service tax; on third reading, coming up in regular order, with the right to amend, was, at the request of Delegate DeLong, and by unanimous consent, placed at the foot of bills on third reading.
S. B. 511, Repealing code section relating to insurance policies; 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. 463), 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: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 511) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to recede from its amendment and requested the House of Delegates to agree to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses as to
Com. Sub. for H. B. 2051, Including lasers as a method of proving the speed of vehicles.
The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:
Senators White, Green and Hall.
On motion of Delegate DeLong, the House of Delegates agreed 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 Hrutkay, Longstreth and Schadler.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Special Calendar

Third Reading

(Continued)

Com. Sub. for S. B. 524, Requiring proof of lawful disposal of solid waste; 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. 464), and there were--yeas 89, nays 8, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Anderson, Armstead, Ashley, Moore, Moye, Staggers, Sumner and Walters.
Absent And Not Voting: Fleischauer, Talbott 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. 524) passed.
Delegate DeLong moved that the bill take effect July 1, 2007.
On this question, the yeas and nays were taken (Roll No. 465), and there were--yeas 95, nays 3, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Moore, Moye and Sumner.
Absent And Not Voting: Talbott 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 (Com. Sub. for S. B. 524) takes effect July 1, 2007. Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 582, Creating Real Estate Division in Department of Administration; 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. 466), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: J. Miller.
Absent And Not Voting: Stemple, Talbott 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. 582) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 467), 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: Stemple, Talbott 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 (Com. Sub. for S. B. 582) 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.
At 12:55 p.m., on motion of Delegate DeLong, the House of Delegates recessed until 2:30 p.m., and reconvened at that time.
Messages from the Senate

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
S. B. 336, Relating to higher education generally.
On motion of Delegate DeLong, 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 Doyle, Iaquinta and Anderson.
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 that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
H. B. 2568, Extending the sunset provision regarding racial profiling analysis.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, section three, lines one and two, by striking out the words "on the first day of January, two thousand five".
On page two, section three, line five, by striking out the words "emergency and".
On page four, section three, line forty-nine, by striking out the word "On" and inserting in lieu thereof the words "Annually, on".
On page four, section three, lines forty-nine and fifty, by striking out the words "two thousand six, and each year thereafter,".
On page four, section three, line fifty-eight, by striking out the words "shall become effective after" and inserting in lieu thereof the words "were effective".
And,
On page five, section three, line sixty-three, by striking out the word "nine" and inserting in lieu thereof the word "eight".
On motion of Delegate DeLong, the House of Delegates refused to concur in the Senate amendments and requested the Senate to recede therefrom.
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 that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 3161, Relating to the theft of oil, natural gas, water, telecommunications, electric and solid waste service.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-45. Theft of certain utility services; penalty.
Any person who knowingly and intentionally obtains the possession or use of crude, heating or fuel oil, natural gas, water service, electric service or telecommunications service without the knowledge and consent of the owner or provider thereof and with the intent to avoid payment therefor shall be guilty of a misdemeanor, and, upon conviction, shall be confined in jail for not more than one year or fined not more than two thousand dollars, or both."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 3161 - "A Bill to amend and reenact §61-3-45 of the Code of West Virginia, 1931, as amended, relating to creating the offense of theft of services involving crude, heating or fuel oil, natural gas, water service, electric service or telecommunications service; offense; and penalty."
On motion of Delegate DeLong, the House of Delegates refused to concur in the Senate amendments and requested the Senate to recede therefrom.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Reordering of the Calendar

Delegate DeLong announced that the Committee on Rules had transferred
Com. Sub. for S. B. 175, Com. Sub. for S. B. 177, S. B. 203, S. B. 505 and S. B. 748, on third reading, House Calendar, to the Special Calendar and Com. Sub. for S. B. 678, on third reading, Special Calendar to the House Calendar.
At the request of Delegate DeLong, and by unanimous consent, the House of Delegates proceeded to the Seventh Order of Business for the purpose of introducing a resolution.
Resolutions Introduced

On behalf of all members of the House, the following resolution was introduced, which was read by the Clerk, as follows:
H. R. 42 - "In Recognition of the Outstanding Career and Extolling the Unfaltering Service of Rita Watson to the House of Delegates and to the State of West Virginia."
Whereas, Rita Watson was born in Wellsburg, West Virginia, the daughter of Nellie and Henry Wilson, at a time of great economic difficulty in the United States generally. Rita grew up as a child of six, surrounded by her siblings Ursula, Mary, Jo-Anne, Henry and John. Rita's father died when she was a young child, and her Mother raised the children on her own, assisted, no doubt, by Rita herself. It was during those early and formative years that the core value of service and responsibility we see in Rita today took root.
Rita and her husband William Franklin Watson were married in 1951, and they are the parents of three children: Edwin Watson, Barbara Walker and Patricia Watson. Rita is a grandmother of four: David Humphrey, Kimberly Humphrey, Annie Walker and Evan Walker.
Rita's upbringing, childhood, high school and university education prepared her for what was to evolve into her life's work, characterized by her meticulous care in whatever she does. The story goes that on an early job interview, the applicants were assigned to write a letter to the Fire Marshal and Rita was the only applicant who spelled "Marshal" correctly. She got the job.
Rita Watson has been a dedicated employee of the House Judiciary Committee for forty-two years, beginning her employment with the House in 1966. She has served in the capacity of Secretary, Administrative Secretary, Administrative Assistant and currently as Executive Assistant of the House Judiciary Committee. Eleven Judiciary Chairmen, eight Speakers and three House Clerks have benefitted from her as a valued staff person and as a friend. She has trained countless young attorneys and staff committed to her stern and demanding- yet kind and nurturing- care, and has gently nudged the Chairs of her Committee and the Counsel under her eye to do things correctly. Her watchful eye has saved bills and committee reports from technical deficiency and flaw, and she has walked to the moon and back on trips to the House Clerk's Office to deliver her reports or to make a correction to one of her bills. Once, during the tenure of Speaker Chuck Chambers, she was dutifully delivering an awaited report to the House Clerk while the House was in session. As she walked across the floor, her hand raised in regal gesture for the Speaker to halt the proceedings while she handed the report to the Clerk. The Speaker dutifully complied, and the House was silent.
Rita's territorial approach to the manner in which things are done in her Committee has been because of her love of her life's work and the laws she has helped produce. It would be reasonable to assume that probably half of the verbiage in the West Virginia Code as it currently exists has gone through the hands of Rita Watson in one form or another.
Rita Watson has remained professionally apart from politics, but privately she worked in political activities such as Jim Sprouse for Governor, Lee Kenna for Governor, Kelly Castleberry for County Clerk, for her husband - Bill Watson - for Magistrate, and the Robert F. Kennedy Presidential Campaign.
Rita is a valued member of her community. She has been a Girl Scout Leader, a United Way Volunteer, a Member of the University of Charleston Women Builders, Midland Garden Club Member, Cotillion Dance Club Member, a member of Saint Francis Guild and an ever-present member of Sacred Heart Cathedral.
At the end of the Regular Session, 2007, on March 10 or thereabouts, Rita Watson will retire from active service to the House. She has become an icon and a den mother to thousands of members and staff throughout her long tenure. She has left her mark on those who have benefitted from knowing her and working with her. She has been a constant friend.
The rich history of the institutional House of Delegates would not be what it is today had it not been for Rita Watson; therefore, be it
Resolved by the House of Delegates, all members concurring herein:
That it is with heartfelt gratitude that the members and staff of the House of Delegates hereby extend congratulations and best wishes for the future to Rita W. Watson upon this momentous occasion of her retirement after forty-two years of service; that the House formally takes note of her incalculable contributions, her unfaltering dedication and love of her work and her Judiciary Committee, and enrolls her as the Executive Assistant Emeritus of the House Judiciary Committee; and, be it
Further Resolved, That the Clerk of the House of Delegates prepare a certified copy of this resolution for presentation to Rita W. Watson on Saturday, March 10, 2007, and that the Clerk of the House also transmit certified copies to William Franklin Watson, Husband; Edwin Watson, Son; Barbara Walker, Daughter; and Patricia Watson, Daughter.
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the resolution (H. R. 42) to a committee was dispensed with, and it was taken up for immediate consideration.
The question now being on the adoption of the resolution, Delegate DeLong demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 468), 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: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 42) adopted.
Unanimous consent having been obtained, the remarks of Governor Manchin, Mr. Speaker, Mr. Thompson, and Delegate Webster regarding the career of Rita Watson, were ordered printed in the Appendix to the Journal.
Special Calendar

Third Reading

Com. Sub. for S. B. 175, Creating Clandestine Drug Laboratory Remediation 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. 469), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Fleischauer, Moore, Talbott 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. 175) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 177, Creating Division of Energy; on third reading, coming up in regular order was reported by the Clerk.
At the request of Delegate White, and by unanimous consent, the rule was suspended to permit the offering and consideration of an amendment on third reading.
On motion of Delegates White and Kominar, the bill was then amended on page twenty- eight, section seven, line thirteen, following the word "code" and the period, by inserting the words "These fees cannot be increased except by legislative rule and cannot be used to fund additional positions in the Division of Energy in future years."
There being no further amendments, 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. 470), and there were--yeas 92, nays 6, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Carmichael, Frederick, Michael, C. Miller, J. Miller and Sobonya.
Absent And Not Voting: Talbott 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. 177) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to recede from its amendment and requested the House of Delegates to agree to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses as to
Com. Sub. for H. B. 2498, Relating to sexual offenses involving children.
The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:
Senators Minard, Wells and McKenzie.
On motion of Delegate DeLong, the House of Delegates agreed 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 Miley, Burdiss and Azinger.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Special Calendar

Third Reading

S. B. 203, Creating Purchasing Improvement Fund; 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. 471), 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: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 203) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 505, Relating to State Police Death, Disability and Retirement Fund; 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. 472), 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: Beach, Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 505) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Conference Committee Report Avalabilty

At 3:22 p.m., the Clerk announced availability in his office of the report of the Committee of Conference on S. B. 438.
Special Calendar

Third Reading

S. B. 748, Relating to structuring Electronic Telecommunication Open Infrastructure 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. 473), and there were--yeas 60, nays 38, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Amores, Andes, Armstead, Ashley, Blair, Border, Cann, Carmichael, Cowles, Craig, Crosier, Doyle, Duke, Ellem, Frederick, Kessler, Kominar, Lane, Long, Michael, C. Miller, J. Miller, Overington, Palumbo, Porter, Reynolds, Schadler, Schoen, Shaver, Sobonya, Spencer, Stalnaker, Sumner, Tabb, Tansill, Walters, Wells and Williams.
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 748) 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. 748 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-4-1, §5B-4-2, §5B-4-3, §5B-4-4, §5B-4-5, §5B-4-6, §5B-4-7, §5B-4-8, §5B-4-9, §5B-4-10, §5B-4-11, §5B-4-12, §5B-4-13, §5B-4-14 and §5B-4-15, all relating to expanding technology infrastructure to provide broadband internet access throughout the state of West Virginia; creating the Electronic Telecommunication Open Infrastructure Act (ETOPIA); providing definitions for terms used in the article; setting forth legislative findings; requiring an inventory and mapping of the current availability of access to broadband communications in this state; developing coordinated deployment and operation of technology infrastructure within this state; providing for technology infrastructure inventory, local government cooperation, and inventory survey reporting requirements; authorizing emergency and legislative rules; prescribing the authority of the Secretary of Department of Administration; describing specific authorized disclosures of confidential information; creating Joint Legislative Oversight Commission on Transportation and Infrastructure; providing subpoena powers; providing for enforcement of subpoena power through a court of competent jurisdiction; prescribing the powers and duties of the Secretary of Commerce; establishing reporting requirements; authorizing Secretary to provide technical and funding assistance to develop technology infrastructure; authorizing secretary to engage in consulting services for fee; authorizing contractual and joint venture agreements; providing for the liberal construction of article; utilizing broadband infrastructure, technology and information to enhance early childhood development; providing for the confidentiality of trade secrets and proprietary information; and providing for criminal penalties for unlawful disclosure of confidential information or data."
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 474), and there were--yeas 94, nays 4, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Craig, J. Miller, Schoen and Sobonya.
Absent And Not Voting: Talbott 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. 748) 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. 599, Eliminating early resignation notification bonus for certain teachers; 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. 475), 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: Talbott 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. 599) 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. 599 - "A Bill to amend and reenact §18A-2-2 of the Code of West Virginia, 1931, as amended; and to further amend said code by adding thereto a new section, designated §18A-2-5a, all relating to employment of teachers and other school employees; eliminating the early notification payment for a classroom teacher who gives notice of resignation; authorizing a payment for early notification of retirement to employees other than classroom teachers under certain circumstances; and making certain technical changes."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 613, Relating to crossbow restrictions; 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. 476), 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: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 613) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 753, Filling vacancies in nominations for general elections; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 477), 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: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 753) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 758, Supplementing and amending appropriations from federal funds to Department of Health and Human Resources; on third reading, coming up in regular order, was read a third time.
On the passage of the bill, the yeas and nays were taken (Roll No. 478), 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: Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 758) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 479), 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: Talbott 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. 758) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 759, Making supplemental appropriation to Division of Health and Board of Examiners for Registered Professional Nurses; on third reading, coming up in regular order, was read a third time.
Delegate Martin requested to be excused from voting on the passage of S. B. 759 under the provisions of House Rule 49.
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.
On the passage of the bill, the yeas and nays were taken (Roll No. 480), 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: Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 759) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 481), 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: Talbott 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. 759) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 194, Relating to appeal bonds; 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. 194 under the provisions of House Rule 49, stating that his employer may 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. 482), 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: Talbott 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. 194) passed.
An amendment to the title of the bill, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for S. B. 194 - "A Bill to amend and reenact §58-5-14 of the Code of West Virginia, 1931, as amended, relating to appeal bonds; limiting bond amounts; consolidating multiple judgments for bonding purposes; providing exceptions to bonding limitations; and providing for the adjustment of the appeal bonding limitations to reflect changes in the consumer price index."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 371, Exempting certain professional services from consumers sales and service tax; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
On motion of Delegates White and Kominar, the bill was amended on page three, section eight, line nineteen, following the word "reporters", by inserting the words "court room videographer or a videographer working under the direction of a court reporter not taxable under this article or a licensed attorney" and a comma.
On motion of Delegate DeLong , the House of Delegates recessed for five minutes, and reconvened at that time.
On motion of Delegates Carmichael and Walters, the bill was amended on page three, section eight, line nineteen, by striking out the words "registered lobbyists" and the comma.
And,
On page three, section eight, line twenty-seven, after the word "commissioner", by striking out the period and inserting in lieu thereof the following proviso:
"Provided, That the exemption for professional and personal services does not include registered lobbyists; nor does the exemption for professional and personal services include lawyers when performing 'lobbying' or 'lobbying activity' as defined by section one, article three, chapter six-b of this code."
On motion of Delegate Williams, the bill was then amended on page three, following line twenty-seven, by inserting the following:
"ARTICLE 21. PERSONAL INCOME TAX.
PART I. GENERAL.

§11-21-10b. Credit for expense of reprogramming cash register.
On and after the first day of July, two thousand seven, a credit is allowed against the tax imposed by the provisions of this article in the amount of one hundred dollars to any eligible taxpayer engaging in a business activity classified as having a sector identifier consisting of the first three digits of the six-digit North American Industry Classification System code number of 445, or engaging in a business activity classified as having a sector identifier consisting of the six-digit North American Industry Classification System code number of 446110 or 447110: Provided, That the credit authorized by this section may be applied in any taxable year in which the eligible taxpayer was required to reprogram its cash registers because of a change in the consumers sales and service tax rate imposed by section three-a, article fifteen of this chapter on sales of food and food ingredients: Provided, however, That only a taxpayer with gross revenue that is less than two million dollars for the immediately preceding taxable year is eligible to use the credit authorized by this section.
ARTICLE 24. CORPORATION NET INCOME TAX.

§11-24-11b. Credit for expense of reprogramming cash register.
On and after the first day of July, two thousand seven, a credit is allowed against the tax imposed by the provisions of this article in the amount of one hundred dollars to any eligible taxpayer engaging in a business activity classified as having a sector identifier consisting of the first three digits of the six-digit North American Industry Classification System code number of 445, or engaging in a business activity classified as having a sector identifier consisting of the six-digit North American Industry Classification System code number of 446110 or 447110: Provided, That the credit authorized by this section may be applied in any taxable year in which the eligible taxpayer was required to reprogram its cash registers because of a change in the consumers sales and service tax rate imposed by section three-a, article fifteen of this chapter on sales of food and food ingredients: Provided, however, That only a taxpayer with gross revenue that is less than two million dollars for the immediately preceding taxable year is eligible to use the credit authorized by this section."
And,
On page one, by amending the enacting section to read as follows:
"That §11-15-8 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that said code be amended by adding thereto a new section, designated §11-21-10b; and that said code be amended by adding thereto a new section, designated §11-24-11b, all to read as follows" followed by a colon.
On motion of Delegates White and Kominar , the bill was further amended on page two, section eight, line seventeen, following the word "embalmers", by inserting the words "licensed funeral directors" and a comma.
There being no further amendments, the bill was then read a third time.

Delegates Schadler, Campbell, Manchin, Schadler, Tabb and Williams requested to be excused from voting on the passage of S. B. 371 under the provisions of House Rule 49,
The Speaker refused to excuse the Gentleman 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. 483), and there were--yeas 94, nays 4, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Amores, Hutchins, Klempa and Shook.
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 371) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Conference Committee Report Availability

At 4:00 p.m., the Clerk announced the availability in his office of the reports of the Committee of Conference on S. B. 454 and S. B. 589.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had agreed to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses as to
Com. Sub. for S. B. 178, Allowing counties to increase hotel occupancy tax.
The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:
Senators Bowman, Chafin and Yoder.
Special Calendar

Third Reading

Com. Sub. for S. B. 697, Creating Appalachian Region Interstate Compact; 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 two, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
"That §7-12-7 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new article, designated §7-24-1, all to read as follows:
ARTICLE 12. COUNTY AND MUNICIPAL DEVELOPMENT AUTHORITIES.
§7-12-7. Powers generally.
(a) The development authority is hereby given power and authority as follows: (1) To make and adopt all necessary bylaws and rules for its organization and operations not inconsistent with laws; (2) to elect its own officers, to appoint committees and to employ and fix compensation for personnel necessary for its operation; (3) to enter into contracts with any person, agency, governmental department, firm or corporation, including both public and private corporations, and generally to do any and all things necessary or convenient for the purpose of promoting, developing and advancing the business prosperity and economic welfare of the county in which it is intended to operate, its citizens and industrial complex, including, without limiting any of the foregoing, the construction of any building or structure for lease to the federal government or any of its agencies or departments, and in connection therewith to prepare and submit bids and negotiate with the federal government or such agencies or departments in accordance with plans and specifications and in the manner and on the terms and conditions and subject to any requirements, regulations, rules and laws of the United States of America for the construction of said buildings or structures and the leasing thereof to the federal government or such agencies or departments; (4) to amend or supplement any contracts or leases or to enter into new, additional or further contracts or leases upon such terms and conditions, for such consideration and for such term of duration, with or without option of renewal, as may be agreed upon by the authority and such person, agency, governmental department, firm or corporation; (5) unless otherwise provided for in, and subject to the provisions of, such contracts, or leases, to operate, repair, manage and maintain such buildings and structures and provide adequate insurance of all types, and in connection with the primary use thereof and incidental thereto to provide such services, such as barber shops, newsstands, drugstores and restaurants, and to effectuate such incidental purposes, grant leases, permits, concessions or other authorizations to any person or persons, upon such terms and conditions, for such consideration and for such term of duration as may be agreed upon by the authority and such person, agency, governmental department, firm or corporation; (6) to delegate any authority given to it by law to any of its officers, committees, agents or employees; (7) to apply for, receive and use grants-in-aid, donations and contributions from any source or sources and to accept and use bequests, devises, gifts and donations from any person, firm or corporation; (8) to acquire real property by gift, purchase or construction, or in any other lawful manner, and hold title thereto in its own name and to sell, lease or otherwise dispose of all or part of such real property which it may own, either by contract or at public auction, upon the approval by the board of directors of the development authority; (9) to purchase or otherwise acquire, own, hold, sell, lease and dispose of all or part of any personal property which it may own, either by contract or at public auction; (10) pursuant to a determination by the board that there exists a continuing need for programs to alleviate and prevent unemployment within the county in which the authority is intended to operate or aid in the rehabilitation of areas in said county which are underdeveloped, decaying or otherwise economically depressed, and that moneys or funds of the authority are necessary therefor, to borrow money and execute and deliver the authority's negotiable notes, mortgage bonds, other bonds, debentures and other evidences of indebtedness therefor, on such terms as the authority shall determine, and give such security therefor as shall be requisite, including giving a mortgage or deed of trust on its real or personal property and facilities in connection with the issuance of mortgage bonds; (11) to raise funds by the issuance and sale of revenue bonds in the manner provided by the applicable provisions of article sixteen, chapter eight of this code, it being hereby expressly provided that a development authority created under this article is a 'governing body' within the definition of that term as used in said article sixteen, chapter eight of this code; and (12) to expend its funds in the execution of the powers and authority herein given, which expenditures, by the means authorized herein, are hereby determined and declared as a matter of legislative finding to be for a public purpose and use, in the public interest, and for the general welfare of the people of West Virginia, to alleviate and prevent economic deterioration and to relieve the existing critical condition of unemployment existing within the state.
(b) The amendment of this section enacted in the year one thousand nine hundred ninety- eight is intended to clarify the intent of the Legislature as to the manner in which an authority may sell, lease or otherwise dispose of real and personal property owned by an authority and shall be retroactive to the date of the prior enactment of this section.
(c) Notwithstanding any provision of this code to the contrary, any development authority participating in the Appalachian Region Interstate Compact pursuant to chapter seven-a of this code may agree to a revenue and economic growth-sharing arrangement with respect to tax revenues and other income and revenues generated by any facility owned by an authority. Any development authority or member locality may be located in any jurisdiction participating in the Appalachian Region Interstate Compact or a similar agreement for interstate cooperation for economic and workforce development authorized by law. The obligations of the parties to any such agreement shall not be debt within the meaning of section eight, article X of the Constitution of West Virginia. Any such agreement shall be approved by a majority vote of the governing bodies of the member localities reaching such an agreement but does not require any other approval.
(d) 'Member localities' means the counties, municipalities or combination thereof, which are members of an authority.
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.

ARTICLE 24. APPALACHIAN REGION INTERSTATE COMPACT
§7-24-1. Appalachian Regional Interstate Compact; form of compact.

The Appalachian Region Interstate Compact (the compact) is hereby created and entered into with all other jurisdictions legally joining therein in the form substantially as follows:
Article I. Short title.
This act shall be known and may be cited as the Appalachian Region Interstate Compact.
Article II. Compact established.
Pursuant to section ten, article I of the Constitution of the United States, the signatories hereby provide a mechanism for the creation of one or more authorities for the purpose of developing one or more facilities to enhance the regional economy that shall constitute instrumentalities of the signatories. For purposes of this chapter, 'Appalachian Region' means the areas included in 'region' as defined in §403 of the Appalachian Regional Development Act of 1965, as amended (40 U. S. C. §14102 (a)(1)).
Article III. Agreement.
The State of West Virginia may enter into agreement with one or more signatory states and, upon adoption of this compact, agree as follows:
1. To study, develop and promote a plan for the design, construction, financing and operation of interstate facilities of strategic interest to the signatory states;
2. To coordinate efforts to establish a common legal framework in all the signatory states to authorize and facilitate design, construction, financing and operation of such facilities either as publicly operated facilities or through other structures authorized by law;
3. To advocate for federal and other public and private funding to support the establishment of interstate facilities of interest to all signatory states;
4. To make available to such interstate facilities funding and resources that are or may be appropriated and allocated for that purpose; and
5. To do all things necessary or convenient to facilitate and coordinate the economic and workforce development plans and programs of the State of West Virginia and the other signatory states to the extent such plans and programs are not inconsistent with federal law and the laws of the State of West Virginia or other signatory states.
Article IV. Compact commission established; membership; chairman; meetings; and report.
Each signatory state to the compact shall establish a compact commission. In West Virginia, the Appalachian Region Interstate Compact Commission (the commission) shall be established as a regional instrumentality and agency of the State of West Virginia and the signatory states. The compact commissions of the signatory states shall be empowered to carry out the purposes of their respective compacts.
The Appalachian Region Interstate Compact Commission shall consist of six members from each of the other signatory states to be appointed pursuant to the laws of the signatory states and six members of the West Virginia delegation to the commission to be appointed as follows: Three members to be appointed by the President of the Senate and three members to be appointed by the Speaker of the House of Delegates. Members of the West Virginia delegation to the compact commission shall serve terms coincident with their terms of office if an elected state or local representative, and may be reappointed. Members who are not elected officials shall serve a term of four years and may be reappointed. The chairman of the commission shall be elected by the members of the commission from among its membership. The chairman shall serve for a term of two years and the chairmanship shall rotate among the signatory states.
The commission shall meet not less than twice annually; however, the commission shall not meet more than once consecutively in the same state.
Article V. Powers and duties of the commission.
The commission is vested with the powers of a body corporate, including the power to sue and be sued in its own name, plead and be impleaded and adopt and use a common seal and alter the same as may be deemed expedient. In addition to the powers set forth elsewhere in this chapter, the commission may:
1. Adopt bylaws, rules and regulations to carry out the provisions of this chapter;
2. Employ, either as regular employees or as independent contractors, consultants, engineers, architects, accountants, attorneys, financial experts, construction experts and personnel, superintendents, managers and other professional personnel, personnel and agents as may be necessary in the judgment of the commission and fix their compensation;
3. Determine the locations of, develop, establish, construct, erect, repair, remodel, add to, extend, improve, equip, operate, regulate and maintain facilities to the extent necessary or convenient to accomplish the purposes of the compact;
4. Acquire, own, hold, lease, use, sell, encumber, transfer, or dispose of, in its own name, any real or personal property or interests therein;
5. Invest and reinvest funds of the commission;
6. Enter into contracts of any kind and execute all instruments necessary or convenient with respect to its carrying out the powers in this chapter to accomplish the purposes of the compact;
7. Expend such funds as may be available to it for the purpose of developing facilities, including, but not limited to: (i) Purchasing real estate; (ii) grading sites; (iii) improving, replacing and extending water, sewer, natural gas, electrical and other utility lines; (iv) constructing, rehabilitating and expanding buildings; (v) constructing parking facilities; (vi) constructing access roads, streets and rail lines; (vii) purchasing or leasing machinery and tools; and (viii) making any other improvements deemed necessary by the commission to meet its objectives;
8. Fix and revise, from time to time, and charge and collect rates, rents, fees or other charges for the use of facilities or for services rendered in connection with the facilities in accordance with applicable state and federal laws and as approved by the commission;
9. Borrow money from any source for any valid purpose, including working capital for its operations, reserve funds or interest; mortgage, pledge or otherwise encumber the property or funds of the commission; and contract with or engage the services of any person in connection with any financing, including financial institutions, issuers of letters of credit or insurers;
10. Issue bonds the principal and interest on which are payable exclusively from the revenues and receipts of a specific facility in accordance with applicable laws;
11. Accept funds and property from the state and other signatory jurisdictions, persons, counties, cities and towns and use the same for any of the purposes for which the commission is created;
12. Apply for and accept grants or loans of money or other property from any federal agency for any of the purposes authorized in this chapter and expend or use the same in accordance with the directions and requirements attached thereto or imposed thereon by any such federal agency;
13. Make loans or grants to, and enter into cooperative arrangements with, any person, partnership, association, corporation, business or governmental entity in furtherance of the purposes of this chapter for the purposes of promoting economic and workforce development, provided that such loans or grants shall be made only from revenues of the commission that have not been pledged or assigned for the payment of any of the commission's bonds, and to enter into such contracts, instruments, and agreements as may be expedient to provide for such loans, and any security therefor. The word 'revenues' as used in this subdivision includes grants, loans, funds and property, as set out in subdivisions (11) and (12) of this article;
14. Enter into agreements with political subdivisions of the state for joint or cooperative action;
15. Exercise any additional powers granted to it by subsequent legislation; and
16. Do all things necessary or convenient to carry out the purposes of this chapter.
Article VI. Funding and compensation.
The commission may utilize for its operation and expenses: (i) Funds that may be generated by borrowing, gifts and grants; (ii) funds appropriated to it for such purposes by the West Virginia Legislature and the legislatures of the other signatory states, (iii) federal funds; and (iv) revenues collected for the use of any facility approved by the commission.
Members of the West Virginia delegation to the commission shall not receive compensation but shall be reimbursed for reasonable and necessary expenses incurred in the performance of their duties to the commission. All such expenses shall be paid from existing appropriations, gifts, grants, federal funds, or other revenues collected for the use of any facility approved by the commission. Members of the commission representing other signatory states shall receive compensation and reimbursement of expenses incurred in the performance of their duties to the commission in accordance with the applicable laws of the respective signatory states.
The provisions of this act shall become effective upon the enactment of the Appalachian Region Interstate Compact as authorized by this article and upon the enactment of this compact by at least one other state in accordance with its terms and federal law.
"
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. 484), and there were--yeas 94, nays 1, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Sobonya.
Absent And Not Voting: Carmichael, M. Poling, Talbott, Ron Thompson and Yost.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 697) passed.
An amendment to the title of the bill, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for S. B. 697 - "A Bill to amend and reenact §7-12-7 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §7- 24-1, all relating to the Appalachian Regional Interstate Compact; authorizing revenue sharing agreements between development authorities or similar authorities outside the state; providing that certain obligations of development authorities are not debts pursuant to section eight, article X of the Constitution of West Virginia; creating the Appalachian Regional Interstate Compact; providing a short title; establishing the compact and authorizing membership under certain conditions; setting forth powers and duties of compact members; providing for six compact commissioners; authorizing appointment by the President of the Senate and the Speaker of the House of Delegates; specifying terms of service; providing for funding for operating expenses; providing that members will receive compensation and reimbursement for reasonable and necessary expenses as determined by each state; and providing that the act will become effective upon adoption of at least one other state."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Messages from the Senate

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. 738, Requiring WV Parkways, Economic Development and Tourism Authority present proposed toll revision to Joint Committee on Government and Finance.
On motion of Delegate DeLong, 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 Moore, Long and Porter.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
At 4:10 p.m., on motion of Delegate DeLong, the House of Delegates recessed until 5:00 p.m., and reconvened at that time.
Messages from the Senate

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
S. B. 747, Creating Municipal Home Rule Pilot Program.
On motion of Delegate DeLong, 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 five 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 Fleischauer, Shook, Moye, Guthrie and Ellem.
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 that the Senate had agreed to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses as to
Com. Sub. for S. B. 738, Requiring legislative approval of proposed new or revised existing toll by Parkways Authority.
The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:
Senators Chafin, Stollings and Caruth..
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. 2309, Relating to tourism development projects and tourism expansion projects.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page thirteen, section four, line thirteen, by striking out the word "and".
On page thirteen, section four, line fifteen, after the word "transaction" by changing the period to a semicolon and inserting the following: "and
(4) Provide an annual report to the Joint Committee on Government and Finance before the first day of December, two thousand seven, and publish on the website a list of all approved tourism development projects and tourism development expansion projects."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 2309 - "A Bill to amend and reenact §5B-2E-3, §5B-2E-4, §5B-2E-5, §5B-2E-6, §5B-2E-7, §5B-2E-8, §5B-2E-9 and §5B-2E-11 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §5B-2E-7a, all relating to tourism development act tax credits; providing definitions; providing additional powers and duties of the development office; making certain entities ineligible for the credit; modifying total amount of tourism development project tax credit available on or near reclaimed surface mining operation; setting certain deadlines; modifying total amount of tourism development project tax credit available during calendar years; creating a tourism development expansion project credit; implementing a one million five hundred thousand dollar tax credit maximum availability for tourism development expansion projects; authorizing the promulgation of rules to establish a tourism development expansion project application process; and establishing a termination date for action on applications for tourism development projects and validity of such projects not previously approved."
On motion of Delegate DeLong, the House of Delegates refused to concur in the Senate amendments and requested the Senate to recede therefrom.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Reordering of the Calendar

Delegate DeLong announced that the Committee on Rules had transferred Com. Sub. for S. B. 678, on third reading, Special Calendar, to the House Calendar; and Com. Sub. for S. B. 337, on third reading, House Calendar, to the Special Calendar.
Still being in possession of the Clerk, H. B. 3184, Relating to confidentiality, disclosure and authorization for disclosure of mental health information, was taken up for further consideration.
On motion of the Delegate Perdue, the House then reconsidered the vote on the passage of the bill.
The House then reconsidered the motion whereby the House of Delegates concurred in the Senate amendment.
The question before the House being the Senate amendments to the bill, the same was stated by the Speaker.
On motion of Delegate Perdue, the House of Delegates then concurred in the Senate amendments, with amendment, as follows:
On page three of the Senate amendment, section one, line five, following the word "patient", by inserting the words "or legal representative".
The bill, as amended by the Senate, and as further amended the House, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 495), 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: Anderson, Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 3184) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Special Calendar

Third Reading

Com. Sub. for S. B. 337
, Establishing greenhouse gases inventory program; 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. 486), and there were--yeas 67, nays 31, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Anderson, Andes, Armstead, Azinger, Blair, Border, Cann, Canterbury, Carmichael, Cowles, Craig, Duke, Ennis, Frederick, Hartman, Ireland, Kominar, Lane, Long, Michael, C. Miller, J. Miller, Overington, Porter, Schadler, Schoen, Sobonya, Stalnaker, Sumner, Tansill and Walters.
Absent And Not Voting: Talbott 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. 337) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Conference Committee Report Availability

At 5:44 p.m., the Clerk announced the availability in his office of the report of the Committee of Conference on Com. Sub. for H. B. 2670.
Delegate Border asked and obtained unanimous consent that the remarks of Delegate Canterbury regarding green house emissions and global warming be printed in the Appendix to the Journal.
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. 2007, Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article six of the Constitution.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
"TITLE I-GENERAL PROVISIONS.

Section 1. General policy.-The purpose of this bill is to appropriate money necessary for the economical and efficient discharge of the duties and responsibilities of the state and its agencies during the fiscal year two thousand eight.
Sec. 2. Definitions.-For the purpose of this bill:
'Governor' shall mean the governor of the state of West Virginia.
'Code' shall mean the code of West Virginia, one thousand nine-hundred thirty-one, as amended.
'Spending unit' shall mean the department, bureau, division, office, board, commission, agency or institution to which an appropriation is made.
The 'fiscal year two thousand eight' shall mean the period from the first day of July, two thousand seven, through the thirtieth day of June, two thousand eight.
'General revenue fund' shall mean the general operating fund of the state and includes all moneys received or collected by the state except as provided in section two, article two, chapter twelve of the code or as otherwise provided.
'Special revenue funds' shall mean specific revenue sources which by legislative enactments are not required to be accounted for as general revenue, including federal funds.
'From collections' shall mean that part of the total appropriation which must be collected by the spending unit to be available for expenditure. If the authorized amount of collections is not collected, the total appropriation for the spending unit shall be reduced automatically by the amount of the deficiency in the collections. If the amount collected exceeds the amount designated 'from collections,' the excess shall be set aside in a special surplus fund and may be expended for the purpose of the spending unit as provided by article two, chapter eleven-b of the code.
Sec. 3. Classification of appropriations.-An appropriation for:
'Personal services' shall mean salaries, wages and other compensation paid to full-time, part- time and temporary employees of the spending unit but shall not include fees or contractual payments paid to consultants or to independent contractors engaged by the spending unit.
Unless otherwise specified, appropriations for 'personal services' shall include salaries of heads of spending units.
'Annual increment' shall mean funds appropriated for 'eligible employees' and shall be disbursed only in accordance with article five, chapter five of the code.
Funds appropriated for 'annual increment' shall be transferred to 'personal services' or other designated items only as required.
'Employee benefits' shall mean social security matching, workers' compensation, unemployment compensation, pension and retirement contributions, public employees insurance matching, personnel fees or any other benefit normally paid by the employer as a direct cost of employment. Should the appropriation be insufficient to cover such costs, the remainder of such cost shall be transferred by each spending unit from its 'personal services' line item or its 'unclassified' line item or other appropriate line item to its 'employee benefits' line item. If there is no appropriation for 'employee benefits,' such costs shall be paid by each spending unit from its 'personal services' line item, its 'unclassified' line item or other appropriate line item. Each spending unit is hereby authorized and required to make such payments in accordance with the provisions of article two, chapter eleven-b of the code.
'BRIM Premiums' shall mean the amount charged as consideration for insurance protection and includes the present value of projected losses and administrative expenses. Premiums are assessed for coverages, as defined in the applicable policies, for claims arising from, inter alia, general liability, wrongful acts, property, professional liability and automobile exposures.
Should the appropriation for 'BRIM Premiums' be insufficient to cover such cost, the remainder of such costs shall be transferred by each spending unit from its 'personal services' line item, its 'employee benefit' line item, its 'unclassified' line item or any other appropriate line item to 'BRIM Premiums' for payment to the Board of Risk and Insurance Management. Each spending unit is hereby authorized and required to make such payments.
Each spending unit shall be responsible for all contributions, payments or other costs related to coverage and claims of its employees for unemployment compensation. Such expenditures shall be considered an employee benefit.
'Current expenses' shall mean operating costs other than personal services and shall not include equipment, repairs and alterations, buildings or lands.
Each spending unit shall be responsible for and charged monthly for all postage meter service and shall reimburse the appropriate revolving fund monthly for all such amounts. Such expenditures shall be considered a current expense.
'Equipment' shall mean equipment items which have an appreciable and calculable period of usefulness in excess of one year.
'Repairs and alterations' shall mean routine maintenance and repairs to structures and minor improvements to property which do not increase the capital assets.
'Buildings' shall include new construction and major alteration of existing structures and the improvement of lands and shall include shelter, support, storage, protection or the improvement of a natural condition.
'Lands' shall mean the purchase of real property or interest in real property.
'Capital outlay' shall mean and include buildings, lands or buildings and lands, with such category or item of appropriation to remain in effect as provided by section twelve, article three, chapter twelve of the code.
Any savings generated by an agency or department within the General Revenue Fund through efficiency or operational measures shall be transferred to the 'efficiency savings' (activity 799) line within the department after first justifying and documenting the savings. Once funds have been transferred to the 'efficiency savings' line, the funds may then be transferred to other activities within the same department as determined by the cabinet secretary and approved by the Governor. No funds transferred from the efficiency savings activity may be used to increase 'personal services.' Funds transferred related to 'efficiency savings' are not subject to the five percent secretary transfer limitation.
From appropriations made to the spending units of state government, upon approval of the governor there may be transferred to a special account an amount sufficient to match federal funds under any federal act.
Appropriations classified in any of the above categories shall be expended only for the purposes as defined above and only for the spending units herein designated: Provided, That the secretary of each department shall have the authority to transfer within the department those general revenue funds appropriated to the various agencies of the department: Provided, however, That no more than five percent of the general revenue funds appropriated to any one agency or board may be transferred to other agencies or boards within the department: Provided further, That the secretary of each department and the director, commissioner, executive secretary, superintendent, chairman or any other agency head not governed by a departmental secretary as established by chapter five-f of the code shall have the authority to transfer funds appropriated to 'personal services' and 'employee benefits' to other lines within the same account and no funds from other lines shall be transferred to the 'personal services' line: And provided further, That the secretary of each department and the director, commissioner, executive secretary, superintendent, chairman or any other agency head not governed by a departmental secretary as established by chapter five-f of the code shall have the authority to transfer general revenue funds appropriated to 'annual increment' to other general revenue accounts within the same department, bureau or commission for the purpose of providing an annual increment in accordance with article five, chapter five of the code: And provided further, That if the Legislature by subsequent enactment consolidates agencies, boards or functions, the secretary or other appropriate agency head may transfer the funds formerly appropriated to such agency, board or function in order to implement such consolidation. No funds may be transferred from a special revenue account, dedicated account, capital expenditure account or any other account or fund specifically exempted by the Legislature from transfer, except that the use of the appropriations from the state road fund for the office of the secretary of the department of transportation is not a use other than the purpose for which such funds were dedicated and is permitted.
Appropriations otherwise classified shall be expended only where the distribution of expenditures for different purposes cannot well be determined in advance or it is necessary or desirable to permit the spending unit the freedom to spend an appropriation for more than one of the above classifications.
Sec. 4. Method of expenditure.-Money appropriated by this bill, unless otherwise specifically directed, shall be appropriated and expended according to the provisions of article three, chapter twelve of the code or according to any law detailing a procedure specifically limiting that article.
Sec. 5. Maximum expenditures.-No authority or requirement of law shall be interpreted as requiring or permitting an expenditure in excess of the appropriations set out in this bill.
TITLE II-APPROPRIATIONS.

ORDER OF SECTIONS

SECTION 1.
Appropriations from general revenue.

SECTION 2.
Appropriations from state road fund.

SECTION 3.
Appropriations from other funds.

SECTION 4.
Appropriations from lottery net profits.

SECTION 5.
Appropriations from state excess lottery revenue.

SECTION 6.
Appropriations of federal funds.

SECTION 7.
Appropriations from federal block grants.

SECTION 8.
Awards for claims against the state.

SECTION 9.
Appropriations from general revenue surplus accrued.

SECTION 10.
Appropriations from state excess lottery revenue fund surplus accrued.

SECTION 11.
Special revenue appropriations.

SECTION 12.
State improvement fund appropriations.

SECTION 13.
Specific funds and collection accounts.

SECTION 14.
Appropriations for refunding erroneous payment.

SECTION 15.
Sinking fund deficiencies.

SECTION 16.
Appropriations for local governments.

SECTION 17.
Total appropriations.

SECTION 18.
General school fund.

Section 1. Appropriations from general revenue.-From the state fund, general revenue, there are hereby appropriated conditionally upon the fulfillment of the provisions set forth in article two, chapter eleven-b of the code the following amounts, as itemized, for expenditure during the fiscal year two thousand eight.
LEGISLATIVE

1-Senate

Fund 0165 FY 2008 Org 2100

General
Revenue
ActivityFund

Compensation of Members (R)003$
1,010,000

Compensation and Per Diem of Officers
and Employees (R)005
3,003,210

Employee Benefits (R)010
597,712

Current Expenses and
Contingent Fund (R)021
700,000

Repairs and Alterations (R)064
450,000

Computer Supplies (R)101
40,000

Computer Systems (R)102
250,000

Printing Blue Book (R)103
150,000

Expenses of Members (R)
399
700,000

BRIM Premium (R)
913
29,482

Total$
6,930,404

The appropriations for the senate for the fiscal year 2007 are to remain in full force and effect and are hereby reappropriated to June 30, 2008. Any balances so reappropriated may be transferred and credited to the fiscal year 2008 accounts.
Upon the written request of the clerk of the senate, the auditor shall transfer amounts between items of the total appropriation in order to protect or increase the efficiency of the service.
The clerk of the senate, with the approval of the president, is authorized to draw his or her requisitions upon the auditor, payable out of the Current Expenses and Contingent Fund of the senate, for any bills for supplies and services that may have been incurred by the senate and not included in the appropriation bill, for supplies and services incurred in preparation for the opening, the conduct of the business and after adjournment of any regular or extraordinary session, and for the necessary operation of the senate offices, the requisitions for which are to be accompanied by bills to be filed with the auditor.
The clerk of the senate, with the written approval of the president, or the president of the senate shall have authority to employ such staff personnel during any session of the Legislature as shall be needed in addition to staff personnel authorized by the senate resolution adopted during any such session. The clerk of the senate, with the written approval of the president, or the president of the senate shall have authority to employ such staff personnel between sessions of the Legislature as shall be needed, the compensation of all staff personnel during and between sessions of the Legislature, notwithstanding any such senate resolution, to be fixed by the president of the senate. The clerk is hereby authorized to draw his or her requisitions upon the auditor for the payment of all such staff personnel for such services, payable out of the appropriation for Compensation and Per Diem of Officers and Employees or Current Expenses and Contingent Fund of the senate.
For duties imposed by law and by the senate, the clerk of the senate shall be paid a monthly salary as provided by the senate resolution, unless increased between sessions under the authority of the president, payable out of the appropriation for Compensation and Per Diem of Officers and Employees or Current Expenses and Contingent Fund of the senate.
The distribution of the blue book shall be by the office of the clerk of the senate and shall include seventy-five copies for each member of the Legislature and two copies for each classified and approved high school and junior high or middle school and one copy for each elementary school within the state.
2-House of Delegates

Fund 0170 FY 2008 Org 2200

Compensation of Members (R)003$
2,270,000

Compensation and Per Diem of Officers
and Employees (R)005
700,000

Current Expenses and Contingent Fund (R)021
4,221,162

Expenses of Members (R)399
1,190,000

BRIM Premium (R)913
28,120

Total$
8,409,282

The appropriations for the house of delegates for the fiscal year 2007 are to remain in full force and effect and are hereby reappropriated to June 30, 2008. Any balances so reappropriated may be transferred and credited to the fiscal year 2008 accounts.
Upon the written request of the clerk of the house of delegates, the auditor shall transfer amounts between items of the total appropriation in order to protect or increase the efficiency of the service.
The clerk of the house of delegates, with the approval of the speaker, is authorized to draw his or her requisitions upon the auditor, payable out of the Current Expenses and Contingent Fund of the house of delegates, for any bills for supplies and services that may have been incurred by the house of delegates and not included in the appropriation bill, for bills for services and supplies incurred in preparation for the opening of the session and after adjournment, and for the necessary operation of the house of delegates' offices, the requisitions for which are to be accompanied by bills to be filed with the auditor.
The speaker of the house of delegates, upon approval of the house committee on rules, shall have authority to employ such staff personnel during and between sessions of the Legislature as shall be needed, in addition to personnel designated in the house resolution, and the compensation of all personnel shall be as fixed in such house resolution for the session, or fixed by the speaker, with the approval of the house committee on rules, during and between sessions of the Legislature, notwithstanding such house resolution. The clerk of the house is hereby authorized to draw requisitions upon the auditor for such services, payable out of the appropriation for the Compensation and Per Diem of Officers and Employees or Current Expenses and Contingent Fund of the house of delegates.
For duties imposed by law and by the house of delegates, including salary allowed by law as keeper of the rolls, the clerk of the house of delegates shall be paid a monthly salary as provided in the house resolution, unless increased between sessions under the authority of the speaker, with the approval of the house committee on rules, and payable out of the appropriation for Compensation and Per Diem of Officers and Employees or Current Expenses and Contingent Fund of the house of delegates.
3-Joint Expenses

(WV Code Chapter 4)

Fund 0175 FY 2008 Org 2300

Joint Committee on
Government and Finance (R)
104$
6,971,393

Legislative Printing (R)105
800,000

Legislative Rule-Making
Review Committee (R)
106
155,000

Legislative Computer System (R)107
950,000

Joint Standing Committee
on Education (R)
108
88,000

Tax Reduction and Federal Funding
Increased Compliance(TRAFFIC)(R)
642
15,000,000

BRIM Premium (R)
913
22,000

Total$
23,986,393

The appropriations for the joint expenses for the fiscal year 2007 are to remain in full force and effect and are hereby reappropriated to June 30, 2008. Any balances so reappropriated may be transferred and credited to the fiscal year 2008 accounts.
Upon the written request of the clerk of the senate, with the approval of the president of the senate, and the clerk of the house of delegates, with the approval of the speaker of the house of delegates, and a copy to the legislative auditor, the auditor shall transfer amounts between items of the total appropriation in order to protect or increase the efficiency of the service.
The appropriation for the Tax Reduction and Federal Funding Increased Compliance (TRAFFIC) (fund 0175, activity 642) is intended for possible general state tax reductions or the offsetting of any reductions in federal funding for state programs.
JUDICIAL

4-Supreme Court-

General Judicial

Fund 0180 FY 2008 Org 2400

Personal Services (R)
001
$59,833,454

Annual Increment (R)004
700,000

Employee Benefits (R)
010
19,143,726

Unclassified (R)
099
17,976,405

Judges' Retirement System (R)110
2,533,000

Retirement Systems-Unfunded Liability
775
3,501,000

BRIM Premium (R)913
374,015

Total
$104,061,600

The appropriations to the supreme court of appeals for the fiscal years 2006 and 2007 are to remain in full force and effect and are hereby reappropriated to June 30, 2008. Any balances so reappropriated may be transferred and credited to the fiscal year 2008 accounts.
This appropriation shall be administered by the administrative director of the supreme court of appeals, who shall draw requisitions for warrants in payment in the form of payrolls, making deductions therefrom as required by law for taxes and other items.
The appropriations for the Judges' Retirement System (activity 110) and Retirement Systems- Unfunded Liability (activity 775) are to be transferred to the consolidated public retirement board, in accordance with the law relating thereto, upon requisition of the administrative director of the supreme court of appeals.
EXECUTIVE

5-Governor's Office

(WV Code Chapter 5)

Fund 0101 FY 2008 Org 0100

Personal Services001$ 2,423,506
Salary of Governor002
95,000

Annual Increment004
30,350

Employee Benefits010
727,600

Unclassified (R)099
1,446,075

National Governors' Association123
70,200

Southern States Energy Board
124
28,732

Southern Governors' Association
314
25,000

Marlington Flood Wall
757
1,500,000

Pharmaceutical Cost
Management Council (R)
796
502,430

BRIM Premium
913
266,262

P20 Jobs Cabinet
954
30,000

Total$ 7,145,155
Any unexpended balances remaining in the appropriations for Unclassified (fund 0101, activity 099), Publication of Papers and Transition Expenses-Surplus (fund 0101, activity 359), Capital Outlay, Repairs and Equipment (fund 0101, activity 589), JOBS Fund (fund 0101, activity 665), and Pharmaceutical Cost Management Council (fund 0101, activity 796) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
6-Governor's Office-

Custodial Fund

(WV Code Chapter 5)

Fund 0102 FY 2008 Org 0100

Unclassified-Total (R)096$
582,769

Any unexpended balance remaining in the appropriation for Unclassified-Total (fund 0102, activity 096) at the close of the fiscal year 2007 is hereby reappropriated for expenditure during the fiscal year 2008.
Funds are to be used for current general expenses, including compensation of employees, household maintenance, cost of official functions and additional household expenses occasioned by such official functions.
7-Governor's Office-

Civil Contingent Fund

(WV Code Chapter 5)

Fund 0105 FY 2008 Org 0100

Civil Contingent Fund-Total (R)
114
$4,000,000

Any unexpended balances remaining in the appropriation for Stream Restoration-Surplus (fund 0105, activity 078), Business and Economic Development Stimulus-Surplus (fund 0105, activity 084), Civil Contingent Fund-Total (fund 0105, activity 114), Civil Contingent Fund-Total-Surplus (fund 0105, activity 238), Civil Contingent Fund- Surplus (fund 0105, activity 263), Business and Economic Development Stimulus (fund 0105, activity 586), and Civil Contingent Fund (fund 0105, activity 614) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
From this appropriation there may be expended, at the discretion of the governor, an amount not to exceed one thousand dollars as West Virginia's contribution to the interstate oil compact commission.
The above appropriation is intended to provide contingency funding for accidental, unanticipated, emergency or unplanned events which may occur during the fiscal year and is not to be expended for the normal day-to-day operations of the governor's office.
8-Auditor's Office-

General Administration

(WV Code Chapter 12)

Fund 0116 FY 2008 Org 1200

Personal Services001$
2,139,732

Salary of Auditor002
75,000

Annual Increment004
56,998

Employee Benefits010
772,766

Unclassified 099
622,226

BRIM Premium
913
15,428

Total$
3,682,150

9-Treasurer's Office

(WV Code Chapter 12)


Fund 0126 FY 2008 Org 1300

Personal Services001$
1,859,078

Salary of Treasurer002
75,000

Annual Increment004
37,500

Employee Benefits010
617,496

Unclassified (R)099
849,757

Abandoned Property Program118
292,104

Tuition Trust Fund (R)692
151,479

BRIM Premium
913
33,419

Total
$
3,915,833

Any unexpended balances remaining in the appropriations for Unclassified (fund 0126, activity 099) and Tuition Trust Fund (fund 0126, activity 692) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
10-Department of Agriculture

(WV Code Chapter 19)

Fund 0131 FY 2008 Org 1400

Personal Services001$
3,789,370

Salary of Commissioner002
75,000

Annual Increment004
129,446

Employee Benefits010
1,537,223

Animal Identification Program039201,767
State Farm Museum
055
110,000

Unclassified (R)099
1,532,709

Gypsy Moth Program (R)119
1,168,077

Huntington Farmers Market
128
50,000

Black Fly Control (R)
137
804,882

Donated Foods Program
363
50,000

Predator Control470
260,000

Logan Farmers Market
501
40,990

Bee Research
691
73,421

Microbiology Program (R)785
156,891

Moorefield Agriculture Center (R)786
1,117,292

BRIM Premium
913
145,962

WV Food Banks
969
100,000

Seniors's Farmers' Market Nutrition
Coupon Program
970
65,000

Threat Preparedness
75,000

Total
$
11,483,030

Any unexpended balances remaining in the appropriations for Unclassified-Surplus (fund 0131, activity 097), Unclassified (fund 0131, activity 099), Gypsy Moth Program (fund 0131, activity 119), Black Fly Control (fund 0131, activity 137), Microbiology Program (fund 0131, activity 785), and Moorefield Agriculture Center (fund 0131, activity 786) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
A portion of the Unclassified appropriation may be transferred to a special revenue fund for the purpose of matching federal funds for marketing and development activities.
From the above appropriation for WV Food Banks (activity 969), the full appropriation shall be allocated to the Huntington Food Bank and the Mountaineer Food Bank in Braxton County.
11-West Virginia Conservation Agency


(WV Code Chapter 19)

Fund 0132 FY 2008 Org 1400

Personal Services001$
476,713

Annual Increment004
14,700

Employee Benefits010
193,841

Unclassified (R) 099
445,219

Soil Conservation Projects (R)120
8,850,521

BRIM Premium
913
12,969

Total$
9,993,963

Any unexpended balances remaining in the appropriations for Unclassified (fund 0132, activity 099), Soil Conservation Projects (fund 0132, activity 120), and Maintenance of Flood Control Projects (fund 0132, activity 522) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
12-Department of Agriculture-

Meat Inspection

(WV Code Chapter 19)

Fund 0135 FY 2008 Org 1400

Unclassified-Total096$
652,276

Any part or all of this appropriation may be transferred to a special revenue fund for the purpose of matching federal funds for the above-named program.
13-Department of Agriculture-

Agricultural Awards

(WV Code Chapter 19)

Fund 0136 FY 2008 Org 1400

Programs & Awards for 4-H Clubs and FFA/FHA
577
$
15,000

Commissioner's Awards and Programs737
43,650

Total
$58,650

14-Department of Agriculture-

West Virginia Agricultural Land Protection Authority

(WV Code Chapter 8A)

Fund 0607 FY 2008 Org 1400

Unclassified-Total
096
$
110,000

15-Attorney General

(WV Code Chapters 5, 14, 46A and 47)


Fund 0150 FY 2008 Org 1500

Personal Services (R)001
$
2,042,780

Salary of Attorney General002
80,000

Annual Increment004
69,426

Employee Benefits (R)010
777,726

Unclassified (R)099
776,716

Better Government Bureau 740
301,143

BRIM Premium
913
118,590

Total
$
4,166,381

Any unexpended balances remaining in the above appropriations for Personal Services (fund 0150, activity 001), Employee Benefits (fund 0150, activity 010), and Unclassified (fund 0150, activity 099) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
When legal counsel or secretarial help is appointed by the attorney general for any state spending unit, this account shall be reimbursed from such spending units specifically appropriated account or from accounts appropriated by general language contained within this bill: Provided, That the spending unit shall reimburse at a rate and upon terms agreed to by the state spending unit and the attorney general: Provided, however, That if the spending unit and the attorney general are unable to agree on the amount and terms of the reimbursement, the spending unit and the attorney general shall submit their proposed reimbursement rates and terms to the Governor for final determination.
16-Secretary of State

(WV Code Chapters 3, 5 and 59)


Fund 0155 FY 2008 Org 1600

Personal Services001$
645,495

Salary of Secretary of State002
70,000

Annual Increment004
17,925

Employee Benefits010255,631
Unclassified (R)099
87,325

BRIM Premium913
41,356

Total
$
1,117,732

Any unexpended balance remaining in the appropriation for Unclassified (fund 0155, activity 099) at the close of the fiscal year 2007 is hereby reappropriated for expenditure during the fiscal year 2008.
17-State Election Commission

(WV Code Chapter 3)


Fund 0160 FY 2008 Org 1601

Unclassified-Total096$
10,275

DEPARTMENT OF ADMINISTRATION

18-Department of Administration-

Office of the Secretary

(WV Code Chapter 5F)

Fund 0186 FY 2008 Org 0201

Unclassified
099
$
741,144

Lease Rental Payments
516
16,000,000

Design-Build Board
540
19,068

Efficiency Savings
799
0

BRIM Premium
913
13,171

Total
$
16,773,383

Any unexpended balance remaining in the appropriation for Financial Advisor (fund 0186, activity 304) at the close of the fiscal year 2007 is hereby reappropriated for expenditure during the fiscal year 2008.
The appropriation for Lease Rental Payments shall be disbursed as provided by chapter thirty- one, article fifteen, section six-b of the code.
19-Consolidated Public Retirement Board

(WV Code Chapter 5)


Fund 0195 FY 2008 Org 0205

Any unexpended balances remaining in the appropriations for Unclassified-Total-Transfer (fund 0195, activity 402) and Pension Merger Administrative Costs (fund 0195, activity 429) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
The above reappropriation for Unclassified-Total-Transfer (fund 0195, fiscal year 2007, activity 402) shall be transferred to the Consolidated Public Retirement Board-West Virginia Teachers' Retirement System Employers Accumulation Fund (fund 2601).
The division of highways, division of motor vehicles, bureau of employment programs, public service commission and other departments, bureaus, divisions, or commissions operating from special revenue funds and/or federal funds shall pay their proportionate share of the retirement costs for their respective divisions. When specific appropriations are not made, such payments may be made from the balances in the various special revenue funds in excess of specific appropriations.
20-Division of Finance

(WV Code Chapter 5A)

Fund 0203 FY 2008 Org 0209

Personal Services001$
79,399

Annual Increment004
1,257

Employee Benefits010
28,913

Unclassified099
140,713

GAAP Project (R)125
895,748

BRIM Premium
913
20,696

Total$
1,166,726

Any unexpended balance remaining in the appropriation for GAAP Project (fund 0203, activity 125) at the close of the fiscal year 2007 is hereby reappropriated for expenditure during the fiscal year 2008.
21-Division of General Services

(WV Code Chapter 5A)

Fund 0230 FY 2008 Org 0211

Personal Services001$
1,424,208

Annual Increment004
32,915

Employee Benefits010
585,580

Unclassified099
736,079

Fire Service Fee
126
14,000

Veterans Memorial Fund
690
100,000

BRIM Premium913
112,481

Total$
3,005,263

22-Division of Purchasing

(WV Code Chapter 5A)


Fund 0210 FY 2008 Org 0213

Personal Services001$
897,870

Annual Increment004
18,342

Employee Benefits010
293,478

Unclassified099
279,712

BRIM Premium
913
6,167

Total$
1,495,569

The division of highways shall reimburse the Unclassified appropriation (fund 2031, activity 099) within the division of purchasing for all actual expenses incurred pursuant to the provisions of section thirteen, article two-a, chapter seventeen of the code.
23-Commission on Uniform State Laws

(WV Code Chapter 29)

Fund 0214 FY 2008 Org 0217

Unclassified-Total096$
40,000

To pay expenses for members of the commission on uniform state laws.
24-Education and State Employees' Grievance Board

(WV Code Chapter 18)

Fund 0220 FY 2008 Org 0219

Personal Services001$
622,816

Annual Increment004
12,150

Employee Benefits010
173,977

Unclassified099
154,567

BRIM Premium
913
4,133

Total$
967,643

25-Ethics Commission

(WV Code Chapter 6B)

Fund 0223 FY 2008 Org 0220

Unclassified099$
695,247

BRIM Premium
913
3,404

Total$
698,651

26-Public Defender Services

(WV Code Chapter 29)

Fund 0226 FY 2008 Org 0221

Personal Services001$
536,971

Annual Increment004
10,025

Employee Benefits010
189,470

Unclassified 099
308,712

Appointed Counsel Fees and
Public Defender Corporations127
34,543,353

BRIM Premium
913
23,262

Total$
35,611,793

Any unexpended balances remaining in the above appropriations for Public Defender Corporations (fund 0226, fiscal year 2007, activity 352), Appointed Counsel-Public Defender Conflicts (fund 0226, activity 568), and Appointed Counsel Fees (fund 0226, fiscal year 2007, activity 788) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
27-Committee for the Purchase of

Commodities and Services from the Handicapped

(WV Code Chapter 5A)

Fund 0233 FY 2008 Org 0224

Unclassified-Total096$
5,046

28-Public Employees Insurance Agency

(WV Code Chapter 5)

Fund 0200 FY 2008 Org 0225

Any unexpended balance remaining in the above appropriation for Employees Subsidy (fund 0200, activity 922) at the close of the fiscal year 2007 is hereby reappropriated for expenditure during the fiscal year 2008.
The division of highways, division of motor vehicles, bureau of employment programs, public service commission and other departments, bureaus, divisions, or commissions operating from special revenue funds and/or federal funds shall pay their proportionate share of the public employees health insurance cost for their respective divisions.
29-West Virginia Prosecuting Attorneys Institute

(WV Code Chapter 7)

Fund 0557 FY 2008 Org 0228

Forensic Medical Examinations (R)683$
141,833

Federal Funds/Grant Match (R)749
82,363

Total$224,196
Any unexpended balances remaining in the appropriations for Forensic Medical Examinations (fund 0557, activity 683) and Federal Funds/Grant Match (fund 0557, activity 749) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
30-Children's Health Insurance Agency

(WV Code Chapter 5)

Fund 0588 FY 2008 Org 0230

Unclassified-Total
096
$
10,967,273

31-West Virginia Retiree Health Benefit Trust Fund

(WV Code Chapter 5)

Fund 0611 FY 2008 Org 0232

Unclassified-Total-Transfer
402
$
39,674,000

The above appropriation for Unclassified-Total-Transfer (fund 0611, activity 402) shall be transferred to the OPEB Benefit Contribution Accumulation Fund (fund 2541, org 0232).
32-Real Estate Division

(WV Code Chapter 5A)

Fund 0610 FY 2008 Org 0233

Unclassified-Total
096
$
400,000

DEPARTMENT OF COMMERCE

33-Division of Tourism

(WV Code Chapter 5B)

Fund 0246 FY 2008 Org 0304


Hatfield McCoy Recreational Trail-
Total
$
500,000

Any unexpended balances remaining in the appropriations for Tourism Special Projects-Surplus (fund 0246, activity 293) and Tourism-Special Projects (fund 0246, activity 859) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
34-Division of Forestry

(WV Code Chapter 19)


Fund 0250 FY 2008 Org 0305

Personal Services001$2,669,129
Annual Increment004120,917
Employee Benefits0101,224,450
Unclassified
099
366,528

BRIM Premium
913
155,511

Total$
4,536,535

Out of the above appropriation a sum may be used to match federal funds for cooperative studies or other funds for similar purposes.
35-Geological and Economic Survey

(WV Code Chapter 29)


Fund 0253 FY 2008 Org 0306

Personal Services001$1,252,723
Annual Increment00452,264
Employee Benefits010445,215
Unclassified099203,313
Mineral Mapping System (R)2071,569,249
Geoscience Education Program
541
25,000

BRIM Premium
913
33,752

Total$
3,581,516

Any unexpended balance remaining in the appropriation for Mineral Mapping System (fund 0253, activity 207) at the close of the fiscal year 2007 is hereby reappropriated for expenditure during the fiscal year 2008.
The above Unclassified appropriation includes funding to secure federal and other contracts and may be transferred to a special revolving fund (fund 3105, activity 099) for the purpose of providing advance funding for such contracts.
36-West Virginia Development Office

(WV Code Chapter 5B)


Fund 0256 FY 2008 Org 0307

Personal Services001$3,967,506
Annual Increment00499,327
Employee Benefits0101,197,740
ARC-WV Home of Your Own Alliance
048
40,000

Southern WV Career Center
071
191,750

Unclassified0991,576,681
Partnership Grants (R)
131
1,950,000

National Youth Science Camp
132
200,000

Local Economic Development
Partnerships (R)
1331,870,000

ARC Assessment
136
167,308

Institute for Software Research
217
76,213

Mid-Atlantic Aerospace Complex (R)
231
176,783

Guaranteed Work Force Grant (R)
242
2,247,000

Mingo County Surface Mine Project
296
125,000

Robert C. Byrd Institute for Advanced/
Flexible Manufacturing-Technology
Outreach and Programs for
Environmental and Advanced Technologies
367
519,800

Advantage Valley
389
74,300

Chemical Alliance Zone
390
38,300

WV High Tech Consortium
391
159,570

Charleston Farmers Market
476
100,000

Industrial Park Assistance (R)
480
650,000

International Offices (R)593690,644
Small Business Development
703
423,187

WV Manufacturing Extension Partnership
731
144,000

Polymer Alliance
754
115,000

Regional Councils
784
440,000

Mainstreet Program
794
200,000

National Institute of Chemical Studies
805
70,500

Local Economic Development
Assistance (R)
819
6,050,000

I-79 Development Council
824
50,000

BRIM Premium
913
26,096

Hardwood Alliance Zone
992
42,600

Total$
23,679,305

Any unexpended balances remaining in the appropriations for Tourism-Unclassified-Surplus (fund 0256, activity 075), Partnership Grants (fund 0256, activity 131), Local Economic Development Partnerships (fund 0256, activity 133), Mid-Atlantic Aerospace Complex (fund 0256, activity 231), Guaranteed Work Force Grant (fund 0256, activity 242), Local Economic Development Assistance-Surplus (fund 0256, activity 266), Small Business Financial Assistance (fund 0256, activity 360), Industrial Park Assistance (fund 0256, activity 480), Leverage Technology and Small Business Development Program (fund 0256, activity 525), International Offices (fund 0256, activity 593), Local Economic Development Assistance (fund 0256, activity 819), and Economic Development Assistance (fund 0256, activity 900) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
The above appropriation to Local Economic Development Partnerships (activity 819) shall be used by the West Virginia development office for the award of funding assistance to county and regional economic development corporations or authorities participating in the certified development community program developed under the provisions of section fourteen, article two, chapter five-b of the code. The West Virginia development office shall award the funding assistance through a matching grant program, based upon a formula whereby funding assistance may not exceed thirty- four thousand dollars per county served by an economic development corporation or authority.

37-Division of Labor

(WV Code Chapters 21 and 47)


Fund 0260 FY 2008 Org 0308

Personal Services001$1,744,449
Annual Increment00442,345
Employee Benefits010812,398
Unclassified099
653,145

BRIM Premium
913
47,521

Total$3,299,858
38-Division of Natural Resources

(WV Code Chapter 20)


Fund 0265 FY 2008 Org 0310

Personal Services001$7,566,767
Annual Increment004338,433
Employee Benefits0103,324,754
Gypsy Moth Suppression Program -
Wildlife Management Areas01442,997
Unclassified0999,173
Litter Control Conservation Officers564
155,941

Upper Mud River Flood Control654181,310
Law Enforcement806
1,738,475

BRIM Premium
913
308,815

Total$
13,666,665

Any unexpended balance remaining in the above appropriation for Fish Hatchery Improvements (fund 0265, activity 825) at the close of the fiscal year 2007 is hereby reappropriated for expenditure during the fiscal year 2008.
Any revenue derived from mineral extraction at any state park shall be deposited in a special revenue account of the division of natural resources, first for bond debt payment purposes and with any remainder to be for park operation and improvement purposes.
39-Division of Miners' Health,

Safety and Training

(WV Code Chapter 22)


Fund 0277 FY 2008 Org 0314

Personal Services001$5,729,850
Annual Increment004103,650
Employee Benefits0102,145,962
Unclassified (R)0992,193,837
WV Diesel Equipment Commission
712
38,034

BRIM Premium
913
76,848

Total$10,288,181
Any unexpended balance remaining in the above appropriation for Unclassified (fund 0277, fiscal year 2006, activity 099) at the end of the fiscal year 2007 is hereby reappropriated for expenditure during the fiscal year 2008.
The appropriation above for Unclassified (fund 0277, activity 099) shall be used in developing, procuring and/or deploying, technologies to assist in locating and communicating with trapped miners, supporting life, transporting rescue personnel and rescued individuals through underground mines and otherwise assist with mine rescue operations.
From the above appropriation for Unclassified (fund 0277, activity 099) $500,000 shall be used for the Mine Safety Training Rapid Response.
40-Board of Coal Mine

Health and Safety

(WV Code Chapter 22)


Fund 0280 FY 2008 Org 0319

Personal Services001$116,168
Annual Increment0041,175
Employee Benefits01031,773
Unclassified099
27,217

Total$176,333
41-Coal Mine Safety and Technical Review Committee

(WV Code Chapter 22)

Fund 0285 FY 2008 Org 0320

Unclassified
099
$63,352

Coal Forum
664
25,000

Total
$88,352

42-Department of Commerce-

Office of the Secretary

(WV Code Chapter 19)


Fund 0606 FY 2008 Org 0327

Unclassified
099
$
406,800

Unclassified-Transfer
482
250,000

Efficiency Savings
799
0

Total
$
656,800

The above appropriation for Unclassified-Transfer (activity 482) shall be transferred to the fund for marketing and communications within the department of commerce.
DEPARTMENT OF EDUCATION

43-State Department of Education-

School Lunch Program

(WV Code Chapters 18 and 18A)

Fund 0303 FY 2008 Org 0402

Personal Services001$
228,650

Annual Increment004
5,675

Employee Benefits010
85,422

Unclassified099
2,082,473

Total$
2,402,220

44-State FFA-FHA Camp and

Conference Center

(WV Code Chapters 18 and 18A)

Fund 0306 FY 2008 Org 0402

Personal Services001$
587,407

Annual Increment00423,693
Employee Benefits010248,803
Unclassified099
142,825

BRIM Premium
913
38,987

Total$1,041,715
45-State Department of Education

(WV Code Chapters 18 and 18A)

Fund 0313 FY 2008 Org 0402

Personal Services001$
3,409,550

Annual Increment004
53,560

Employee Benefits010
1,047,366

Unclassified (R)099
3,400,000

34/1000 Waiver
139
400,000

Increased Enrollment
140
10,700,000

Safe Schools
143
2,000,000

Teacher Mentor (R)
158
0

National Teacher Certification (R)
161
1,000,000

Allowance for County Transfers
264
480,337

Technology Repair and Modernization
298
1,200,000

HVAC Technicians355
472,291

Early Retirement Notification Incentive
366
300,000

Teacher Reimbursement
573
300,000

Hospitality Training
600
410,270

Low Student Enrollment Allowance
615
1,000,000

HI-Y Youth in Government
616
100,000

Foreign Student Education (R)
636
86,558

State Teacher of the Year
640
41,359

Principals Mentorship
649
80,000

Pilot Program of Structured in-school
Alternatives
826
100,000

21st Century Learners (R)
886
3,600,150

BRIM Premium
913
372,457

High Acuity Health Care Needs Program
920
1,000,000

School Nurse Funding
921
1,500,000

Regional Education Service Agencies
972
4,200,000

Sparse Population Allocation
973
525,000

School Access Safety
978
10,000,000

Educational Program Allowance
996
250,000

Total$
48,028,898

The above appropriation includes the state board of education and their executive office.
Any unexpended balances remaining in the appropriations for Collaborative Resource Allocation (fund 0313, activity 041), Educational Achievement Incentive (fund 0313, activity 042), Unclassified (fund 0313, activity 099), Teacher Mentor (fund 0313, activity 158), National Teacher Certification (fund 0313, activity 161), Foreign Student Education (fund 0313, activity 636), 21st Century Learners (fund 0313, activity 886), and Educational Enhancements-Surplus (fund 0313, activity 927) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
From the above appropriation for Sparse Population Allocation (activity 973), funding shall be provided in the same manner as in Fiscal Year 2006. It shall be available to those counties whose population falls at or below 2.5 students per square mile and which have more than 650 square miles for transportation purposes.
From the above appropriation for Educational Program Allowance (activity 996), $100,000 shall be expended for Webster County Board of Education for Hacker Valley and $150,000 for the Randolph County Board of Education for Pickens School.
From the above appropriation for Low Student Enrollment Allowance (activity 615), funds shall be allocated to county boards of education in accordance with the provisions of §18-9A-22 of the Code of West Virginia.
The above appropriation for Hospitality Training (activity 600), shall be allocated only to entities that have a plan approved for funding by the Department of Education, at the funding level determined by the State Superintendent of Schools. Plans shall be submitted to the State Superintendent of Schools to be considered for funding.
The above appropriation for School Access Safety (activity 978) shall be transferred to the School Access Safety Fund (fund 3516).
46-State Department of Education-

Aid for Exceptional Children

(WV Code Chapters 18 and 18A)

Fund 0314 FY 2008 Org 0402

Special Education-Counties159$
7,271,757

Special Education-Institutions1603,474,352
Education of Juveniles Held in
Predispositional Juvenile
Detention Centers302
556,269

Education of Institutionalized
Juveniles and Adults (R)472
13,802,033

Total$25,104,411
Any unexpended balance remaining in the appropriation for Education of Institutionalized Juveniles and Adults (fund 0314, activity 472) at the close of the fiscal year 2007 is hereby reappropriated for expenditure during the fiscal year 2008.
From the above appropriation for Education of Institutionalized Juveniles and Adults (activity 472), funding shall be provided to Beckley and Burlington Centers at an amount no less than the allocations disbursed during Fiscal Year 2004.
From the above appropriation for Education of Institutionalized Juveniles and Adults (activity 472), an additional $200,000 has been provided for the Burlington Center.
From the above appropriations, the superintendent shall have authority to expend funds for the costs of special education for those children residing in out-of-state placements.
47-State Department of Education-

State Aid to Schools

(WV Code Chapters 18 and 18A)

Fund 0317 FY 2008 Org 0402

Other Current Expenses022$140,975,736
Professional Educators151832,257,357
Service Personnel152269,117,584
Fixed Charges153101,326,495
Transportation15463,126,522
Administration155
3,096,005

Improve Instructional Programs156
33,000,000

Basic Foundation Allowances
1,442,899,699

Less Local Share
(356,639,245)

Total Basic State Aid$
1,086,260,454

Public Employees' Insurance Matching012191,812,331
Teachers' Retirement System01964,800,752
School Building Authority453
23,361,520

Retirement Systems-Unfunded Liability
775300,000,000

Total
$
1,666,235,057

48-State Board of Education-

Vocational Division

(WV Code Chapters 18 and 18A)

Fund 0390 FY 2008 Org 0402

Personal Services001$
968,444

Annual Increment004
25,416

Employee Benefits010
359,769

Unclassified099
1,210,000

Wood Products-Forestry Vocational
Program
146
56,220

Albert Yanni Vocational Program
147
124,263

Vocational Aid
148
16,201,016

Adult Basic Education149
3,626,414

Program Modernization
305
850,000

Technical and Secondary Program
Improvement Staff
330
276,009

GED Testing339
307,912

Aquaculture Support
769
83,006

FFA Grant Awards
839
13,000

Pre-Engineering Academy Program
840
500,000

Total$
24,601,469


49-State Board of Education-

Division of Educational Performance Audits

(WV Code Chapters 18 and 18A)

Fund 0573 FY 2008 Org 0402

Personal Services001$
430,000

Annual Increment004
5,200

Employee Benefits010
111,127

Unclassified099
200,000

Total$
746,327

50-West Virginia Schools for the

Deaf and the Blind

(WV Code Chapters 18 and 18A)

Fund 0320 FY 2008 Org 0403

Personal Services001$7,639,394
Annual Increment004
9,325

Employee Benefits010
3,072,691

Unclassified099
1,609,932

BRIM Premium
913
81,347

Total$
12,412,689

DEPARTMENT OF EDUCATION AND THE ARTS

51-Department of Education and the Arts-

Office of the Secretary

(WV Code Chapter 5F)

Fund 0294 FY 2008 Org 0431

Unclassified (R)
099
$
827,165

Center for Professional Development (R)
115
3,143,068

Governor's Honor Academy (R)
478
500,450

Professional Development Collaborative
629
950,000

Efficiency Savings
799
0

Energy Express
861
450,000

BRIM Premium
913
4,509

Total$5,875,192
Any unexpended balances remaining in the appropriations for Unclassified (fund 0294, activity 099), Center for Professional Development (fund 0294 activity 115), Center for Professional Development-Principals' Academy (fund 0294, activity 415), Governor's Honor Academy (fund 0294, activity 478), and CPD-Math Initiative (fund 0294, activity 517) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
52-Division of Culture and History

(WV Code Chapter 29)

Fund 0293 FY 2008 Org 0432

Personal Services001$2,411,487
Annual Increment00473,545
Employee Benefits010
1,016,057

Unclassified099
626,664

Capital Outlay Repairs and Equipment (R)
589
2,599,000

Culture and History Programming732
292,945

Capital Outlay and Maintenance (R)
755
200,000

Independence Hall
812
1,247,000

BRIM Premium
913
56,542

Historical Highway Marker Program (R)
844
75,000

Total$
8,598,240

Any unexpended balances remaining in the appropriations for Capital Outlay, Repairs and Equipment (fund 0293, activity 589), Capital Outlay, Repairs and Equipment-Surplus (fund 0293, activity 677), Capital Outlay and Maintenance (fund 0293, activity 755), and Historical Highway Marker Program (fund 0293, activity 844) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
The Unclassified appropriation includes funding for the arts funds, department programming funds, grants, fairs and festivals and Camp Washington Carver and shall be expended only upon authorization of the division of culture and history and in accordance with the provisions of chapter five-a, article three, and chapter twelve of the code.
All federal moneys received as reimbursement to the division of culture and history for moneys expended from the general revenue fund for the arts fund and historical preservation are hereby reappropriated for the purposes as originally made, including personal services, current expenses and equipment.
53-Library Commission

(WV Code Chapter 10)

Fund 0296 FY 2008 Org 0433

Personal Services001$
948,093

Annual Increment00444,550
Employee Benefits010370,381
Unclassified099228,087
Services to Blind and Handicapped181161,576
BRIM Premium
913
29,772

Total$1,782,459
54-Educational Broadcasting Authority


(WV Code Chapter 10)

Fund 0300 FY 2008 Org 0439

Personal Services001$
3,018,039

Annual Increment00484,000
Employee Benefits0101,077,690
Unclassified (R)0991,042,966
Mountain Stage
249
300,000

Capital Outlay and Maintenance (R)
755
100,000

BRIM Premium
913
71,856

Total$5,694,551
Any unexpended balances remaining in the appropriations for Unclassified (fund 0300, activity 099) and Capital Outlay and Maintenance (fund 0300, activity 755) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
The Educational Broadcasting Authority is to continue assistance to the Allegheny Mountain Radio/WVNR.
55-State Board of Rehabilitation-

Division of Rehabilitation Services

(WV Code Chapter 18)

Fund 0310 FY 2008 Org 0932

Personal Services001$7,046,412
Annual Increment004201,074
Independent Living Services
009
37,405

Employee Benefits0102,780,751
Workshop Development1631,816,149
Supported Employment
Extended Services
206
119,032

Ron Yost Personal Assistance Fund (R)407
340,000

Employment Attendant Care Program
598
179,000

Capital Outlay and Maintenance (R)
755
200,000

BRIM Premium
913
67,033

Total$12,786,856
Any unexpended balances remaining in the appropriations for Ron Yost Personal Assistance Fund (fund 0310, activity 407), Capital Outlay, Repairs and Equipment-Surplus (fund 0310, activity 677), and Capital Outlay and Maintenance (fund 0310, activity 755) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
Any unexpended balance remaining in the appropriation for Technology-Related Assistance Revolving Loan Fund for Individuals with Disabilities (fund 0310, activity 766) is hereby reappropriated for expenditure during the fiscal year 2008 and may be transferred to a special account for the purpose of disbursement or loan.
From the above appropriation for Workshop Development (activity 163), funds shall be used exclusively with the private non-profit community rehabilitation program organizations known as work centers or sheltered workshops. The appropriation shall also be used to continue the support of the program, services, and individuals with disabilities currently in place at those 31 organizations.
DEPARTMENT OF ENVIRONMENTAL PROTECTION

56-Environmental Quality Board

(WV Code Chapter 20)


Fund 0270 FY 2008 Org 0311

Personal Services001$71,930
Annual Increment0041,400
Employee Benefits01019,559
Unclassified
099
45,838

BRIM Premium
913
684

Total$139,411
57-Division of Environmental Protection

(WV Code Chapter 22)

Fund 0273 FY 2008 Org 0313

Personal Services
001
$3,492,960

Annual Increment
004
83,198

Employee Benefits
010
1,211,506

Unclassified
099
844,613

Dam Safety
607
206,055

West Virginia Stream Partners Program
637
77,396

WV Contribution to River Commissions
776
148,485

Efficiency Savings
799
0

Office of Water Resources
Non-Enforcement Activity
855
1,124,021

BRIM Premium
913
56,802

Welch DEP Office Continuing Operation 99379,115
Total
$7,324,151

58-Air Quality Board

(WV Code Chapter 16)

Fund 0550 FY 2008 Org 0325

Unclassified
099
$94,300

BRIM Premium
913
2,916

Total
$97,216

DEPARTMENT OF HEALTH AND HUMAN RESOURCES

59-Department of Health and Human Resources-

Office of the Secretary

(WV Code Chapter 5F)

Fund 0400 FY 2008 Org 0501

Unclassified099$
149,883

Women's Commission (R)
191
139,457

Commission for the Deaf
and Hard of Hearing
704
270,184

Efficiency Savings
799
0

Total
$
559,524

Any unexpended balance remaining in the appropriation for the Women's Commission (fund 0400, activity 191) at the close of the fiscal year 2007 is hereby reappropriated for expenditure during the fiscal year 2008.
60-Division of Health-

Central Office

(WV Code Chapter 16)

Fund 0407 FY 2008 Org 0506

Personal Services001$7,388,193
Annual Increment004247,472
Employee Benefits0103,070,852
Level 1, 2 and 3 Trauma Centers
013
682,689

Chief Medical Examiner
045
3,432,992

Unclassified0994,737,899
Safe Drinking Water Program187521,398
Women, Infants and Children
210
45,000

Basic Public Health Services Support
212
3,341,257

Early Intervention
223
3,307,043

Cancer Registry
225
280,059

ABCA Tobacco Retailer Education
Program-Transfer
239
200,000

CARDIAC Project
375
470,000

State EMS Technical Assistance
379
1,415,903

EMS Program for Children
381
50,686

Statewide EMS Program Support (R)
383
932,292

Primary Care Centers-Mortgage Finance
413
796,718

Black Lung Clinics
467
198,646

Center for End of Life
545
195,000

Women's Right to Know
546
40,000

Pediatric Dental Services
550
150,000

Vaccine for Children
551
436,810

Adult Influenza Vaccine
552
65,000

Tuberculosis Control
553
256,780

Maternal and Child Health Clinics,
Clinicians and Medical Contracts
and Fees (R)
5756,229,451

Epidemiology Support6261,139,333
Primary Care Support6287,389,865
State Aid to Local Health Departments70211,700,718
Health Right Free Clinics7272,749,336
Healthy Lifestyles
778
68,000

Emergency Response Entities
Special Projects
822
0

Assistance to Primary Health Care
Centers Community Health Foundation
845
1,400,000

Osteoporosis and Arthritis Prevention
849
281,151

Tobacco Education Program
906
5,650,592

BRIM Premium
913
211,214

Antiviral Vaccine Purchases
955
2,000,000

Total$
71,082,349

Any unexpended balances remaining in the appropriations for Statewide EMS Program Support (fund 0407, activity 383) and Maternal and Child Health Clinics, Clinicians and Medical Contracts and Fees (fund 0407, activity 575) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
From the Unclassified line item, $50,000 shall be expended for the West Virginia Aids Coalition.
From the Maternal and Child Health Clinics, Clinicians, and Medical Contracts and Fees line item, $400,000 shall be transferred to the Breast and Cervical Cancer Diagnostic Treatment Fund.
From the above appropriation for ABCA Tobacco Retailer Education Program-Transfer (activity 239), $200,000 shall be transferred to the Alcohol Beverage Control Administration (fund 7352, org 0708) for expenditure.
Included in the above appropriation for Primary Care Centers-Mortgage Finance is $50,000 for the mortgage payment for the Lincoln Primary Care Center, Inc.; $53,140 for the mortgage payment for the Monroe Health Center; $42,564 for the mortgage payment for Roane County Family Health Care, Inc.; $25,000 for the mortgage payment for the Tug River Health Association, Inc.; $48,000 for the mortgage payment for the Primary Care Systems (Clay); $10,800 for the mortgage payment for the Belington Clinic; $30,000 for the mortgage payment for the Tri-County Health Clinic; $15,000 for the mortgage payment for Valley Health Care (Randolph); $58,560 for the mortgage payment for Valley Health Systems, Inc. (Woman's Place and Harts Health Clinic); $46,958 for the mortgage payment for Ritchie County Primary Care Association, Inc.; $8,000 for the mortgage payment for Northern Greenbrier Health Clinic; $12,696 for the mortgage payment for the Women's Care, Inc. (Putnam); $25,000 for the mortgage payment for the Preston-Taylor Community Health Centers, Inc.; $20,000 for the mortgage payment for the North Fork Clinic (Pendleton); $40,000 for the mortgage payment for the Pendleton Community Care; $27,000 for the mortgage payment for South Branch Health Facility (Upper Tract); $38,400 for the mortgage payment for Clay-Battelle Community Health Center; $33,600 for the mortgage payment for Mountaineer Health Clinic in Paw Paw; $13,000 for the mortgage payment for the St. George Medical Clinic; $28,000 for the mortgage payment for the Bluestone Health Center; $45,000 for the mortgage payment for Wheeling Health Right; $48,000 for the mortgage payment for the Minnie Hamilton Health Care Center, Inc.; and $54,000 for the mortgage payment for the Shenandoah Valley Medical Systems, Inc.
From the above appropriation for State Aid to Local Health Departments (activity 702) $20,000 shall be used, along with any grants that may be obtained, for the purpose of contracting with an independent consultant to conduct a comprehensive study, administered by Local Health Inc., of the revenues of the state's local health departments to develop a method for the distribution of state funds to local health departments that will best serve the citizens of the state.
Any unexpended balance remaining in the appropriation for Assistance to Primary Health Care Centers Community Health Foundation(fund 0407, activity 845) at the close of the fiscal year 2007 is hereby reappropriated for expenditure during the fiscal year 2008.

61-Consolidated Medical Service Fund

(WV Code Chapter 16)

Fund 0525 FY 2008 Org 0506

Personal Services001$634,565
Annual Increment00417,987
Employee Benefits010263,372
Special Olympics208
26,074

Behavioral Health Program-
Unclassified (R)
21953,679,562

Family Support Act
221
1,092,753

Institutional Facilities Operations33573,924,600
Capital Outlay (R)
511
3,000,000

Capital Outlay and Maintenance (R)
755
2,000,000

Colin Anderson Community Placement (R)
803
1,164,000

Renaissance Program
804
194,000

BRIM Premium
913
1,088,070

Total$
137,084,983

Any unexpended balances remaining in the appropriations for Behavioral Health Program- Unclassified (fund 0525, activity 219), Capital Outlay (fund 0525, activity 511), Capital Outlay and Maintenance (fund 0525, activity 755), and Colin Anderson Community Placement (fund 0525, activity 803) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
The secretary shall, within fifteen days after the close of the six-month period of said fiscal year, file with the legislative auditor and the department of revenue an itemized report of expenditures made during the preceding six-month period.
From the above appropriation to Institutional Facilities Operations, together with available funds from the division of health-hospital services revenue account (fund 5156, activity 335), on July 1, 2006, the sum of one hundred sixty thousand dollars shall be transferred to the department of agriculture-land division as advance payment for the purchase of food products; actual payments for such purchases shall not be required until such credits have been completely expended.
Additional funds have been appropriated in fund 5156, fiscal year 2008, organization 0506, for the operation of the institutional facilities. The secretary of the department of health and human resources is authorized to utilize up to ten percent of the funds from the Institutional Facilities Operations line item to facilitate cost effective and cost saving services at the community level.
62-Division of Health-

West Virginia Drinking Water Treatment

(WV Code Chapter 16)

Fund 0561 FY 2008 Org 0506

West Virginia Drinking Water Treatment
Revolving Fund-Transfer689$
700,000

The above appropriation for Drinking Water Treatment Revolving Fund-Transfer shall be transferred to the West Virginia Drinking Water Treatment Revolving Fund or appropriate bank depository and the Drinking Water Treatment Revolving-Administrative Expense Fund as provided by chapter sixteen of the code.
63-Human Rights Commission

(WV Code Chapter 5)

Fund 0416 FY 2008 Org 0510

Personal Services001$699,517
Annual Increment00424,000
Employee Benefits010226,305
Unclassified099261,293
BRIM Premium
913
19,326

Total$
1,230,441

64-Division of Human Services

(WV Code Chapters 9, 48 and 49)

Fund 0403 FY 2008 Org 0511

Personal Services001$26,153,206
Annual Increment004930,470
Employee Benefits01010,488,947
Unclassified09916,283,546
Child Care Development1441,259,488
Medical Services Contracts and Office
of Managed Care1832,335,510
Medical Services (R)189390,705,687
Medical Services Administrative Costs
789
18,449,755

Social Services19577,112,737
Family Preservation Program1961,565,000
Family Resource Networks (R)
274
2,410,367

Domestic Violence Legal Services Fund384
150,000

James 'Tiger' Morton Catastrophic
Illness Fund455
940,000

Child Protective Services Case Workers 46815,960,801
Medical Services Trust Fund Transfer 5125,000,000
OSCAR and RAPIDS 515
3,487,878

WV Teaching Hospitals
Tertiary/Safety Net
547
3,356,000

Child Welfare System 6032,617,758
Child Support Enforcement705
6,320,428

Medicaid Auditing706602,019
Temporary Assistance for Needy
Families/Maintenance of Effort70722,969,096
Child Care Maintenance of
Effort Match7085,693,743
Child and Family Services
736
2,850,000

Grants for Licensed Domestic Violence
Programs and Statewide Prevention7501,500,000
Indigent Burials (R)851
1,700,000

BRIM Premium
913
834,187

Rural Hospitals Under 150 Beds
940
2,596,000

Children's Trust Fund-Transfer 951300,000
Total$
624,572,623

Any unexpended balances remaining in the appropriations for Medical Services (fund 0403, activity 189), Family Resource Networks (fund 0403, activity 274), and Indigent Burials (fund 0403, activity 851) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
The above appropriation for James 'Tiger' Morton Catastrophic Illness Fund (activity 455) shall be transferred to the James 'Tiger' Morton Catastrophic Illness Fund (fund 5454) as provided by chapter sixteen, article five-q, of the code.
The above appropriation for Domestic Violence Legal Services Fund (activity 384) shall be transferred to the Domestic Violence Legal Services Fund (fund 5455).
Notwithstanding the provisions of Title I, section three of this bill, the secretary of the department of health and human resources shall have the authority to transfer funds within the above account: Provided, That no more than five percent of the funds appropriated to one line item may be transferred to other line items: Provided, however, That no funds from other line items shall be transferred to the personal services line item.
From the above appropriation for the Grants for Licensed Domestic Violence Programs and Statewide Prevention (activity 750), $500,000 shall be divided equally and distributed among the thirteen (13) licensed programs and the West Virginia Coalition Against Domestic Violence (WVCADV).
Any unexpended balance remaining in the appropriation for Grants for Licensed Domestic Violence Programs and Statewide Prevention (activity 750), shall be distributed according to the formula established by the Family Protection Services Board.
The secretary shall have authority to expend funds for the educational costs of those children residing in out-of-state placements, excluding the costs of special education programs.
The above appropriation for Family Resource Networks (activity 274) is to be subject to the control and oversight of the Governor's Cabinet on Children and Families and may only be administered and disbursed by the Division of Human Services upon the delegation of this authority to the Division of Human Services by the Governor's Cabinet on Children and Families as provided by West Virginia Code §5-26-4(4) for the benefit of family resource networks, early parent education services and starting points centers.
The above appropriation for Children's Trust Fund-Transfer (activity 951) shall be transferred to the Children's Fund (fund 1011, org 0100).
DEPARTMENT OF MILITARY AFFAIRS

AND PUBLIC SAFETY

65-Department of Military Affairs and

Public Safety-

Office of the Secretary

(WV Code Chapter 5F)

Fund 0430 FY 2008 Org 0601

Unclassified (R)
099
$520,687

Efficiency Savings
799
0

BRIM Premium
913
11,416

Homeland State Security Administrative
Agency
953
568,672

Total
$
1,100,775

Any unexpended balances remaining in the appropriations for Unclassified (fund 0430, activity 099) and Capital Outlay (fund 0430, activity 511) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
66-Adjutant General-

State Militia

(WV Code Chapter 15)

Fund 0433 FY 2008 Org 0603

Personal Services001$1,530,729
Annual Increment00443,237
Employee Benefits010546,573
Unclassified (R)099
16,759,718

Mountaineer ChalleNGe Academy
709
1,207,500

BRIM Premium913
50,161

Total$
20,137,918

Any unexpended balances remaining in the appropriations for Unclassified (fund 0433, activity 099), College Education Fund (fund 0433, activity 232), and Armory Capital Improvements-Surplus (fund 0433, activity 325) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
From the above appropriation an amount approved by the adjutant general and the secretary of military affairs and public safety may be transferred to the State Armory Board for operation and maintenance of National Guard Armories.
67-Adjutant General-

Military Fund

(WV Code Chapter 15)

Fund 0605 FY 2008 Org 0603

Unclassified-Total096$200,000
68-West Virginia Parole Board

(WV Code Chapter 62)

Fund 0440 FY 2008 Org 0605

Personal Services001$160,549
Annual Increment0042,616
Employee Benefits010214,376
Unclassified099188,806
Salaries of Members of West Virginia
Parole Board227
455,000

BRIM Premium
913
16,310

Total$
1,037,657

69-Division of Homeland Security and

Emergency Management

(WV Code Chapter 15)

Fund 0443 FY 2008 Org 0606

Personal Services001$413,696
Annual Increment0048,225
Employee Benefits010164,874
Unclassified
099
150,000

Radiological Emergency Preparedness
554
30,000

Federal Funds/Grant Match (R)
749
742,344

Mine and Industrial Accident Rapid
Response Call Center
781
297,480

Early Warning Flood System (R)877
510,933

BRIM Premium
913
35,158

Disaster Mitigation
952
100,000

Total$
2,452,710

Any unexpended balances remaining in the appropriations for Flood Reparations (fund 0443, activity 400), Homeland Security Over Obligation-Surplus (fund 0443, activity 693), Federal Funds/Grant Match (fund 0443, activity 749), Early Warning Flood System (fund 0443, activity 877), and Homeland Security Grant Match-Surplus (fund 0443, activity 957) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
70-Division of Corrections-

Central Office

(WV Code Chapters 25, 28, 49 and 62)

Fund 0446 FY 2008 Org 0608

Personal Services001$381,101
Annual Increment0048,663
Employee Benefits010123,993
Unclassified099
97,594

Total$
611,351

Any unexpended balance remaining in the appropriation for Management Information System (fund 0446, activity 398) at the close of the fiscal year 2007 is hereby reappropriated for expenditure during the fiscal year 2008.
71-Division of Corrections-

Correctional Units

(WV Code Chapters 25, 28, 49 and 62)

Fund 0450 FY 2008 Org 0608

Employee Benefits
010
$
356,824

Childrens Protection Act (R)
090
927,500

Unclassified
099
1,622,204

Charleston Work Release
456
1,309,057

Beckley Correctional Center
490
930,649

Huntington Work Release
495
855,318

Anthony Center
504
4,463,786

Huttonsville Correctional Center
514
19,700,074

Northern Correctional Facility
534
6,512,915

Inmate Medical Expenses (R)
535
22,364,267

Pruntytown Correctional Center
543
6,380,596

Payments to Federal, County and/or
Regional Jails
555
17,168,500

Corrections Academy
569
1,387,032

Martinsburg Correctional Center
663
3,120,609

Parole Services
686
2,172,284

Special Services
687
2,226,956

Capital Outlay and Maintenance (R)
755
2,000,000

Stephens Correctional Facility
791
5,724,500

St. Mary's Correctional Facility
881
12,466,756

Denmar Correctional Facility
882
4,041,790

Ohio County Correctional Facility
883
1,423,651

Mt. Olive Correctional Facility
888
18,900,958

Lakin Correctional Facility
896
7,965,997

BRIM Premium913
1,135,659

Total$
145,157,882

Any unexpended balances remaining in the appropriations for Children's Protection Act (fund 0450, activity 090), Unclassified Surplus (fund 0450, activity 097), Inmate Management Information System (fund 0450, activity 398), Capital Outlay (fund 0450, activity 511), Inmate Medical Expenses (fund 0450, activity 535), Capital Outlay and Maintenance (fund 0450, activity 755), and Inmate Medical Expenses-Surplus(fund 0450, activity 846) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
The commissioner of corrections shall, within fifteen days after the close of each six-month period of said fiscal year, file with the legislative auditor and the department of revenue an itemized report of expenditures made during the preceding six-month period. Such report shall include the total of expenditures made for personal services, annual increment, current expenses (inmate medical expenses and other), repairs and alterations and equipment.
The commissioner of corrections shall also have the authority to transfer between line items appropriated to the individual correctional units above and may transfer funds from the individual units to Payments to Federal, County and/or Regional Jails (fund 0450, activity 555) or Inmate Medical Expenses (fund 0450, activity 535).
From the above appropriation to Unclassified, on July 1, 2007, the sum of three hundred thousand dollars shall be transferred to the department of agriculture-land division as advance payment for the purchase of food products; actual payments for such purchases shall not be required until such credits have been completely expended.
72-West Virginia State Police

(WV Code Chapter 15)

Fund 0453 FY 2008 Org 0612

Personal Services001$39,100,578
Annual Increment004296,550
Employee Benefits0108,531,922
Childrens Protection Act
090
896,475

Unclassified0998,587,778
Vehicle Purchase4512,000,000
Barracks Lease Payments
556
440,088

Communications and
Other Equipment (R)5581,013,285
Trooper Retirement Fund6053,826,778
Retirement Systems-Unfunded Liability
775
2,850,000

Handgun Administration Expense74774,722
Capital Outlay and Maintenance (R)
755
500,000

Automated Fingerprint
Identification System
898
3,631,157

BRIM Premium913
6,043,110

Total$
77,792,443

Any unexpended balances remaining in the appropriations for Barracks Maintenance and Construction (fund 0453, activity 494), Communications and Other Equipment (fund 0453, activity 558), Barracks Maintenance and Construction-Surplus (fund 0453, activity 669), Capital Outlay and Maintenance (fund 0453, activity 755), and Law Enforcement-Special Projects (fund 0453, activity 787) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
From the above appropriation for Capital Outlay and Maintenance, the sum of $250,000 shall be utilized for the construction of a new detachment in Calhoun County, provided that the Calhoun County Board of Education is willing to donate the land for the site to the State Police, and provided further that any site preparation needed on the site shall be completed as part of the donation.
From the above appropriation for Personal Services, an amount not less than $25,000 shall be expended to offset the costs associated with providing police services for the West Virginia State Fair.
73-Division of Veterans' Affairs

(WV Code Chapter 9A)

Fund 0456 FY 2008 Org 0613

Personal Services001$1,015,223
Annual Increment00451,960
Employee Benefits010419,164
Unclassified099164,847
Veterans' Field Offices
228
175,985

Veterans' Nursing Home (R)
286
5,440,215

Veterans' Toll Free Assistance Line
328
5,000

Veterans' Reeducation Assistance (R)
329
211,604

Veterans' Grant Program (R)
342
150,000

Memorial Day Patriotic Exercise
697
20,000

Educational Opportunities for
Children of Deceased Veterans (R)
854
100,000

BRIM Premium
913
23,860

Total$
7,777,588

Any unexpended balances remaining in the appropriations for Veterans' Nursing Home (fund 0456, activity 286), Veterans' Reeducation Assistance (fund 0456, activity 329), Veterans' Grant Program (fund 0456, activity 342), Women's Veterans' Monument (fund 0456, activity 385), Veterans' Bonus (fund 0456, activity 483), and Educational Opportunities for Children of Deceased Veterans (fund 0456, activity 854) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
The above appropriation for Veterans' Nursing Home (fund 0456, activity 286) may be transferred to the Veterans Facilities Support Fund (fund 6703, org 0613) at the discretion of the director of the Division of Veterans' Affairs.
74-Division of Veterans' Affairs-

Veterans' Home

(WV Code Chapter 9A)

Fund 0460 FY 2008 Org 0618

Personal Services001$
697,446

Annual Increment00427,350
Employee Benefits010332,337
Unclassified099
31,369

Total$
1,088,502

75-Fire Commission

(WV Code Chapter 29)

Fund 0436 FY 2008 Org 0619

Unclassified-Total
096
$
84,800

Emergency Response Entities -
Special Projects
822
800,000

Total
$
884,800


76-Division of Criminal Justice Services

(WV Code Chapter 15)

Fund 0546 FY 2008 Org 0620

Personal Services001$242,415
Annual Increment0045,468
Employee Benefits01082,323
Unclassified099129,583
Community Corrections (R)
561
1,000,000

Statistical Analysis Program597
49,408

Grants Program
694
500,000

BRIM Premium
913
1,660

Total$
2,010,857

Any unexpended balances remaining in the appropriations for Community Corrections-Surplus(fund 0546, activity 060) and Community Corrections (fund 0546, activity 561) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
77-Division of Juvenile Services

(WV Code Chapter 49)

Fund 0570 FY 2008 Org 0621

Robert L. Shell Juvenile Center (R)
267
$
1,959,727

Central Office (R)
701
2,121,945

Capital Outlay and Maintenance (R)
755
500,000

Southern WV Youth Diagnostic Center (R)
792
126,493

Gene Spadaro Juvenile Center (R)
793
1,961,623

BRIM Premium
913
113,016

WV Industrial Home for Youth (R)
979
10,674,113

Davis Center (R)
980
2,805,146

Eastern Juvenile Center (R)
981
2,042,950

Northern Juvenile Center (R)
982
1,110,465

North Central Juvenile Center (R)
983
1,739,367

Southern Juvenile Center (R)
984
1,798,816

Tiger Morton Juvenile Center (R)
985
1,945,716

Donald Kuhn Juvenile Center (R)
986
3,724,622

J.M. 'Chick' Buckbee
Juvenile Center (R)
987
1,876,077

Salem Canine (R)
988
2,520

Davis Canine (R)
989
7,590

The Academy (R)
990
95,752

Total
$
34,605,938

Any unexpended balances remaining in the appropriations for Robert L. Shell Juvenile Center (fund 0570, activity 267), Central Office (fund 0570, activity 701), Capital Outlay and Maintenance (fund 0570, activity 755), Southern WV Youth Diagnostic Center (fund 0570, activity 792), Gene Spadaro Juvenile Center (fund 0570, activity 793), WV Industrial Home for Youth (fund 0570, activity 979), Davis Center (fund 0570, activity 980), Eastern Regional Juvenile Center (fund 0570, activity 981), Northern Regional Juvenile Center (fund 0570, activity 982), North Central Regional Juvenile Center (fund 0570, activity 983), Southern Regional Juvenile Center (fund 0570, activity 984), Tiger Morton Center (fund 0570, activity 985), Donald R. Kuhn Juvenile Center (fund 0570, activity 986), J.M. 'Chick' Buckbee Juvenile Center (fund 0570, activity 987), Salem Canine (fund 0570, activity 988), Davis Canine (fund 0570, activity 989), and The Academy (fund 0570, activity 990) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008, with the exception of fund 0570, fiscal year 2005, activity 267 ($570,628.14); fund 0570, fiscal year 2006, activity 267 ($100,000); fund 0570, fiscal year 2004, activity 701 ($13,675.39); fund 0570, fiscal year 2005, activity 701 ($239.04); fund 0570, fiscal year 2006, activity 701 ($52,654.22); fund 0570, fiscal year 2006, activity 793 ($75,000); fund 0570, fiscal year 2004, activity 979 ($11,672.66); fund 0570, fiscal year 2005, activity 979 ($705.42); fund 0570, fiscal year 2006, activity 979 ($200,000); fund 0570, fiscal year 2004, activity 980 ($733.63); fund 0570, fiscal year 2006, activity 980 ($145.55); fund 0570, fiscal year 2004, activity 981 ($7,775.13); fund 0570, fiscal year 2005, activity 981 ($290,643.60); fund 0570, fiscal year 2006, activity 981 ($150,000); fund 0570, fiscal year 2005, activity 982 ($177,833.88); fund 0570, fiscal year 2006, activity 982 ($75,000); fund 0570, fiscal year 2004, activity 983 ($6,194.54); fund 0570, fiscal year 2005, activity 983 ($87,950.46); fund 0570, fiscal year 2005, activity 984 ($118,352.03); fund 0570, fiscal year 2006, activity 984 ($50,000); fund 0570, fiscal year 2004, activity 985 ($49.40); fund 0570, fiscal year 2005, activity 987 ($45,783.53); fund 0570, fiscal year 2005, activity 987 ($1,629.91); fund 0570, fiscal year 2006, activity 987 ($100,000); fund 0570, fiscal year 2004, activity 988 ($56,965.37); fund 0570, fiscal year 2005, activity 988 ($23,907.03); fund 0570, fiscal year 2006, activity 988 ($27,704.65); fund 0570, fiscal year 2005, activity 989 ($186.36); fund 0570, fiscal year 2006, activity 989 ($10,544.86); fund 0570, fiscal year 2004, activity 990 ($22,735.86); fund 0570, fiscal year 2005, activity 990 ($11,391.77); and fund 0570, fiscal year 2006, activity 990 ($42,508.92) which shall expire on June 30, 2007.
The director shall, within fifteen days after the close of each six-month period of said fiscal year, file with the legislative auditor and the department of revenue an itemized report of expenditures made during the preceding six-month period. Such report shall include the total expenditures made for personal services, annual increment, current expenses, repairs and alterations, and equipment.
From the above appropriations, on July 1, 2007, the sum of fifty thousand dollars shall be transferred to the department of agriculture-land division as advance payment for the purchase of food products; actual payments for such purchases shall not be required until such credits have been completely expended.
The director of juvenile services shall also have the authority to transfer between line items appropriated to the individual juvenile centers above.
78-Division of Protective Services

(WV Code Chapter 5F)

Fund 0585 FY 2008 Org 0622

Personal Services
001
$
995,511

Annual Increment
004
26,775

Employee Benefits
010
400,990

Unclassified (R)
099
423,951

BRIM Premium913
7,707

Total$
1,854,934

Any unexpended balances remaining in the appropriations for Equipment (fund 0585, activity 070) and Unclassified (fund 0585, activity 099) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
DEPARTMENT OF REVENUE

79-Office of the Secretary

(WV Code Chapter 11)

Fund 0465 FY 2008 Org 0701

Unclassified (R)
099
$
843,403

Revenue Shortfall Reserve Fund-Transfer
590
12,266,069

Efficiency Savings
799
0

Total
$
13,109,472

Any unexpended balances remaining in the appropriations for Unclassified-Total (fund 0465, activity 096) and Unclassified (fund 0465, activity 099) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
The above appropriation for Revenue Shortfall Reserve Fund-Transfer (fund 0465, activity 590) shall be transferred to the Revenue Shortfall Reserve Fund (fund 7005, org 0701).
80-Tax Division

(WV Code Chapter 11)


Fund 0470 FY 2008 Org 0702

Personal Services (R)001$12,811,841
Annual Increment004388,590
Employee Benefits (R)0104,641,098
Unclassified (R)0996,860,469
GIS Development Project (R)
562
150,000

Remittance Processor (R)
570
381,015

Multi State Tax Commission
653
77,958

BRIM Premium913
14,420

Total$
25,325,391

Any unexpended balances remaining in the appropriations for Personal Services (fund 0470, activity 001), Employee Benefits (fund 0470, activity 010), Tax Technology Upgrade (fund 0470, activity 094), Unclassified (fund 0470, activity 099), Integrated Tax Accounting System (fund 0702, activity 292), GIS Development Project (fund 0470, activity 562), and Remittance Processor (fund 0470, activity 570) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
81-State Budget Office

(WV Code Chapter 11B)

Fund 0595 FY 2008 Org 0703

Unclassified (R)
099
$
1,110,163

Pay Equity Reserve
364
250,000

BRIM Premium
913
6,000

Anticipated Employee Payraise @ 3.5%
21,000,000

Total
$
22,366,163

Any unexpended balance remaining in the appropriation for Unclassified (fund 0595, activity 099) at the close of the fiscal year 2007 is hereby reappropriated for expenditure during the fiscal year 2008.
82-West Virginia Office of Tax Appeals

(WV Code Chapter 11)


Fund 0593 FY 2008 Org 0709

Unclassified-Total (R)
096
$663,584

Any unexpended balance remaining in the appropriation for Unclassified-Total (fund 0593, activity 096) at the close of the fiscal year 2007 is hereby reappropriated for expenditure during the fiscal year 2008.
83-Division of Professional and

Occupational Licenses-

State Athletic Commission

(WV Code Chapter 29)


Fund 0523 FY 2008 Org 0933

Unclassified-Total
096
$89,500

DEPARTMENT OF TRANSPORTATION


84-State Rail Authority

(WV Code Chapter 29)


Fund 0506 FY 2008 Org 0804

Unclassified
099
$2,607,235

BRIM Premium
913
253,309

Total
$2,860,544

From the above appropriation for Unclassified (activity 099), $30,000 shall be expended for improvements at the Duffield Station.
85-Division of Public Transit

(WV Code Chapter 17)


Fund 0510 FY 2008 Org 0805

Unclassified (R)
099
$1,258,342

Federal Funds/Grant Match (R)
749
1,765,000

Total
$3,023,342

Any unexpended balances remaining in the appropriations for Unclassified (fund 0510, activity 099), Grant Match (fund 0510, activity 388), and Federal Funds/Grant Match (fund 0510, activity 749) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
86-Public Port Authority

(WV Code Chapter 17)


Fund 0581 FY 2008 Org 0806

Unclassified (R)099$426,785
BRIM Premium
913
6,654

Total
$
433,439

Any unexpended balances remaining in the appropriations for Unclassified-Total (fund 0581, activity 096) and Unclassified (fund 0581, activity 099) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
87-Aeronautics Commission


(WV Code Chapter 29)


Fund 0582 FY 2008 Org 0807

Unclassified (R)
099
$1,309,504

Civil Air Patrol
234
163,258

Total
$1,472,762

Any unexpended balances remaining in the appropriations for Unclassified-Surplus (fund 0582, activity 097) and Unclassified (fund 0582, activity 099) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
From the above appropriation for Unclassified, the sum of $110,000 shall be distributed equally to each of the eleven local Civil Air Patrol Squadrons.
HIGHER EDUCATION


88-West Virginia Council for

Community and Technical College Education-

Control Account

(WV Code Chapter 18B)

Fund 0596 FY 2008 Org 0420

Unclassified
099
$
2,000,000

New River Community and
Technical College
358
4,429,955

West Virginia Council for Community
and Technical Education (R)
392
707,600

Eastern West Virginia Community and
Technical College
412
1,990,948

West Virginia State Community and
Technical College
445
3,074,167

Southern West Virginia Community and
Technical College
446
8,053,214

West Virginia Northern Community and
Technical College
447
6,565,528

West Virginia University-
Parkersburg
471
8,428,561

West Virginia University Institute
for Technology Community and
Technical College
486
3,263,224

Marshall Community and
Technical College
487
5,483,460

Community College
Workforce Development (R)
878
1,000,000

Blue Ridge Community and
Technical College
885
2,531,131

College Transition Program (R)
887
333,500

West Virginia Advance Workforce
Development (R)
893
3,000,000

Technical Program Development (R)
894
2,000,000

Pierpont Community and Technical College
930
7,892,952

Total
$
60,754,240

Any unexpended balances remaining in the appropriations for the West Virginia Council for Community and Technical Education (fund 0596, activity 392), Community College Workforce Development (fund 0420, activity 878), College Transition Program (fund 0420, activity 887), West Virginia Advance Workforce Development (fund 0420, activity 893), and Technical Program Development (fund 0420, activity 894) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
From the above appropriation for the Community College Workforce Development (activity 878), $200,000 shall be expended on the Mine Training Program in Southern West Virginia.
The institutions operating with special revenue funds and/or federal funds shall pay their proportionate share of the Board of Risk and Insurance Management total insurance premium cost for their respective institutions.
89-Higher Education Policy Commission-

Administration-

Control Account

(WV Code Chapter 18B)

Fund 0589 FY 2008 Org 0441

Unclassified
099
$
2,015,779

Higher Education Grant Program
164
25,681,209

WVNET
169
1,877,298

Research Challenge
502
7,500,000

VISTA E-Learning (R)
519
300,000

PROMISE Scholarship-Transfer
800
13,800,000

BRIM Premium
913
57,419

Total
$
51,231,705

Any unexpended balances remaining in the appropriations for Higher Education-Special Projects (fund 0589, activity 488), VISTA E-Learning (fund 0589, activity 519), and Vice Chancellor for Health Sciences-Rural Health Initiative Program and Site Support (fund 0589, activity 595) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
The above appropriation for Higher Education Grant Program (activity 164) shall be transferred to the Higher Education Grant Fund (fund 4933, org 0441) established by chapter eighteen-c, article five, section three.
The above appropriation for PROMISE Scholarship-Transfer (activity 800) shall be transferred to the PROMISE Scholarship Fund (fund 4296, org 0441) established by chapter eighteen-c, article seven, section seven.
The above appropriation for Research Challenge, FY 2008, shall be divided equally between the state's research and doctoral degree-granting public institutions of higher education as defined in §18B-2A-6. Prior to the first day of June, 2007, and prior to the expenditure of any funds from this account, the institutions shall report to the Legislative Oversight Committee on Education Accountability a detailed action plan outlining the purposes for which the funds are to be expended. The institutions shall report to the Legislative Oversight Committee on Education Accountability by the first day of August 2008, explicit details on how the funds were expended and the results and benefits obtained from the expenditures.
90-Higher Education Policy Commission-

System-

Control Account

(WV Code Chapter 18B)

Fund 0586 FY 2008 Org 0442

Unclassified
099
$
5,000,000

WVU School of Health Science-
Eastern Division
056
2,500,000

Marshall Medical School
173
9,062,522

WVU-School of Health Sciences
174
13,195,226

WVU School of Health Sciences-
Charleston Division
175
2,378,438

Primary Health Education Medical School
Program Support (R)
177
2,129,507

Bluefield State College
408
5,133,813

Concord University
410
9,372,786

Fairmont State University
414
11,746,694

Glenville State College
428
5,475,753

Shepherd University
432
10,335,074

West Liberty State College
439
8,561,489

West Virginia State University
441
9,314,413

Marshall University
448
45,391,341

Marshall University Medical School
BRIM Subsidy
449
1,015,462

West Virginia University
459
105,336,051

West Virginia University School of
Medicine BRIM Subsidy
460
1,400,038

West Virginia University Institute
for Technology
479
7,925,335

WVUIT - ABET Accreditation
1,800,000

State Priorities-Brownfield Professional
Development (R)
531
800,000

West Virginia University Land Grant Match
956
1,908,000

West Virginia University-
Potomac State
994
4,149,540

West Virginia School of
of Osteopathic Medicine
172
6,988,213

Total
$
270,919,695

Any unexpended balances remaining in the appropriations for Primary Health Education Medical School Program Support (fund 0586, activity 177), Jackson's Mill (fund 0586, activity 461), State Priorities-Bonfield Professional Development (fund 0586, activity 531), and Jackson's Mill- Surplus (fund 0586, activity 842) at the close of fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
Included in the appropriation for WVU-School of Health Sciences
and Marshall Medical School are $943,080 and $295,477, respectively, for Graduate Medical Education which may be transferred to the Department of Health and Human Resources' Medical Service Fund (fund 5084) for the purpose of matching federal or other funds to be used in support of graduate medical education, subject to the Vice-Chancellor for Health Sciences and the Secretary of the Department of Health and Human Resources. If approval is denied, the funds may be utilized by the respective institutions for expenditure on graduate medical education.
Included in the above appropriation for WVU-School of Health Sciences is $511,105 for the WVU Charleston Division Poison Control Hotline. This amount shall be enhanced by an allocation for the director's salary as well as in-kind assistance. These amounts shall be allocated equally among the four quarters of the fiscal year for disbursement to the WVU-Charleston Division Poison Control Hotline. Also included is $800,000 for the Planchette Rockefeller Project.
Included in the above appropriation for West Virginia University is $34,500 for the Marshall and WVU Faculty and Course Development International Study Project, $246,429 for the WVU Law School-Skills Program, $147,857 for the WVU Coal and Energy Research Bureau, $19,714 for the WVU College of Engineering and Mineral Resources-Diesel Training-Transfer, $165,000 for the WVU-Sheep Study/Potomac Equine Program, $500,000 for the Mining Engineering Program, $500,000 for the Center for Multiple Sclerosis Program,$80,000 for a Landscape Architect at Davis College of Forestry Agriculture and Consumer Sciences, $100,000 for the WVU-Soil Testing Program, $100,000 for a veterinarian, 50,000 for the WVU Cancer Study, 220,000 for the WVU Petroleum Engineering Program and $100,000 for the rifle team. Included in the appropriation for West Virginia University is funding for the WVU College of Law, which shall continue to operate as the State's exclusive public college of law.
Included in the above appropriation for Marshall Medical School is $417,351 for the Marshall University Forensic Lab and $175,061 for the Marshall University Center for Rural Health.
Included in the above appropriation for Marshall University is $181,280 for the Marshall University-Southern WV CAC 2+2 Program and $795,597 for the Marshall University Autism Training Center.
Included in the above appropriation for Concord University is $100,000 for the Geographic Alliance.
Included in the above appropriation for Shepherd University is $100,000 for the Gateway Program.
State Farms for maintenance, repairs and equipment.
The above appropriation for West Virginia University Institute of Technology shall be administered by the Higher Education Policy Commission to aid the Leonard C. Nelson College of Engineering in meeting the requirements to maintain the Accreditation Board of Engineering and Technology (ABET) accreditation by bringing laboratory equipment to the 21st Century expectations. The Policy Commission shall oversee expenditure of all funds distributed to West Virginia University Institute of Technology from this account and shall require that the institution provide, in advance of the receipt of funds, a detailed action plan. The Policy Commission shall distribute funds to the West Virginia University Institute of Technology in a timely manner to meet urgent infrastructure needs for the College of Engineering and to address findings of the ABET accreditation team. The Policy Commission shall report monthly to the Legislative Oversight Committee on Education Accountability on the expenditure of funds and on the progress of the institution in meeting the ABET accreditation requirements.
The institutions operating from special revenue funds and/or federal funds shall pay their proportionate share of the Board of Risk and Insurance Management total insurance premium cost for their respective institutions.
From the above appropriations to the respective medical schools, the line items for BRIM subsidies funding shall be paid to the Board of Risk and Insurance Management as a general revenue subsidy against the 'Total Premium Billed' to each institution as part of the full cost of their malpractice insurance coverage.
91-Higher Education Policy Commission-

Legislative-

Funding Priorities

Control Account

(WV Code Chapter 18B)

Fund 0591 FY 2008 Org 0441

Any unexpended balances remaining in the appropriations for Higher Education-Special Projects (fund 0591, activity 488), Independently Accredited Community and Technical College Development (fund 0591, activity 491), and Research Challenge (fund 0591, activity 502) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
The above appropriation shall be allocated only to the State's post-secondary institutions with compacts approved by the Higher Education Policy Commission or West Virginia Council for Community and Technical College Education, as stated in §18B-1A-5.
Total TITLE II, Section 1-General Revenue
$
3,770,650,000

Sec. 2. Appropriations from state road fund.-From the state road fund there are hereby appropriated conditionally upon the fulfillment of the provisions set forth in article two, chapter eleven-b of the code the following amounts, as itemized, for expenditure during the fiscal year two thousand eight.
DEPARTMENT OF TRANSPORTATION

9
  1. -Division of Motor Vehicles

(WV Code Chapters 17, 17A, 17B, 17C, 17D, 20 and 24A)


Fund 9007 FY 2008 Org 0802

State
Road
ActivityFund
Personal Services001$14,472,357
Annual Increment004272,285
Employee Benefits0106,506,369
Unclassified099
12,742,935

Total$33,993,946
9
  1. -Division of Highways

(WV Code Chapters 17 and 17C)


Fund 9017 FY 2008 Org 0803

Debt Service040$50,000,000
Maintenance
237
260,288,000

Maintenance, Contract Paving and
Secondary Road Maintenance27250,000,000
Bridge Repair and Replacement27330,000,000
Inventory Revolving2752,000,000
Equipment Revolving27615,000,000
General Operations27742,500,000
Interstate Construction278100,000,000
Other Federal Aid Programs279350,700,000
Appalachian Programs280150,000,000
Nonfederal Aid Construction28120,000,000
Highway Litter Control282
1,681,000

Total
$
1,072,419,000

The above appropriations are to be expended in accordance with the provisions of chapters seventeen and seventeen-c of the code.
The commissioner of highways shall have the authority to operate revolving funds within the state road fund for the operation and purchase of various types of equipment used directly and indirectly in the construction and maintenance of roads and for the purchase of inventories and materials and supplies.
There is hereby appropriated within the above items sufficient money for the payment of claims, accrued or arising during this budgetary period, to be paid in accordance with sections seventeen and eighteen, article two, chapter fourteen of the code.
It is the intent of the Legislature to capture and match all federal funds available for expenditure on the Appalachian highway system at the earliest possible time. Therefore, should amounts in excess of those appropriated be required for the purposes of Appalachian programs, funds in excess of the amount appropriated may be made available upon recommendation of the commissioner and approval of the governor. Further, for the purpose of Appalachian programs, funds appropriated to line items may be transferred to other line items upon recommendation of the commissioner and approval of the governor.
From the above appropriation, $125,000 is for King Coal Highway Authority; $125,000 is for Coal Field Expressway Authority; $100,000 is for Coal Heritage Highway Authority; $100,000 is for Coal Heritage Area Authority; $25,000 is for Little Kanawha River Parkway; $90,000 is for Midland Trail Scenic Highway Association; $57,000 is for Shawnee Parkway Authority; $100,000 is for Corridor G Highway Authority; $125,000 is for Corridor H Authority.
Total TITLE II, Section 2-State Road Fund
$
1,106,412,946

Sec. 3. Appropriations from other funds.-From the funds designated there are hereby appropriated conditionally upon the fulfillment of the provisions set forth in article two, eleven-b of the code the following amounts, as itemized, for expenditure during the fiscal year two thousand eight.
LEGISLATIVE

9
  1. -Crime Victims Compensation Fund

(WV Code Chapter 14)


Fund 1731 FY 2008 Org 2300

Other
ActivityFunds

Personal Services001$286,000
Annual Increment0045,000
Employee Benefits010109,200
Unclassified099135,603
Economic Loss Claim Payment Fund (R)334
3,597,775

Total$4,133,578
Any unexpended balance remaining in the appropriation for Economic Loss Claim Payment Fund (fund 1731, activity 334) at the close of the fiscal year 2007 is hereby reappropriated for expenditure during the fiscal year 2008.
EXECUTIVE

9
  1. -Auditor's Office-

Land Operating Fund

(WV Code Chapters 11A, 12 and 36)


Fund 1206 FY 2008 Org 1200

Personal Services001$256,786
Annual Increment0047,500
Employee Benefits010127,257
Unclassified099
676,054

Total$
1,067,597

There is hereby appropriated from this fund, in addition to the above appropriation, the necessary amount for the expenditure of funds other than personal services or employee benefits to enable the division to pay the direct expenses relating to land sales as provided in chapter eleven-a of the West Virginia Code.
The total amount of this appropriation shall be paid from the special revenue fund out of fees and collections as provided by law.
9
  1. -Auditor's Office-

Securities Regulation Fund

(WV Code Chapter 32)

Fund 1225 FY 2008 Org 1200

Personal Services001$1,083,357
Annual Increment00414,700
Employee Benefits010450,435
Unclassified099
1,391,122

Total$
2,939,614

9
  1. -Auditor's Office-

Technology Support and Acquisition Fund

(WV Code Chapter 12)


Fund 1233 FY 2008 Org 1200

Unclassified-Total096$400,000
Fifty percent of the deposits made into this fund shall be transferred to the Treasurer's Office- Technology Support and Acquisition Fund (fund 1329, org 1300) for expenditure for the purposes described in West Virginia Code § 12-3-10c.
9
  1. -Auditor's Office-

Purchasing Card Administration Fund

(WV Code Chapter 12)


Fund 1234 FY 2008 Org 1200

Unclassified-Total096$3,108,525
9
  1. -Auditor's Office-

Office of the Chief Inspector

(WV Code Chapter 6)

Fund 1235 FY 2008 Org 1200

Personal Services001$1,931,509
Annual Increment004
31,500

Employee Benefits010
685,289

Unclassified099
622,315

Total$
3,105,525

  1. 0-Treasurer's Office-

College Prepaid Tuition and Savings Program

Administrative Account

(WV Code Chapter 18)

Fund 1301 FY 2008 Org 1300

Unclassified-Total096
$
1,401,952

101-Treasurer's Office-

Technology Support and Acquisition Fund

(WV Code Chapter 12)

Fund 1329 FY 2008 Org 1300

Unclassified-Total096$475,000
102-Department of Agriculture-

Agriculture Fees Fund

(WV Code Chapter 19)


Fund 1401 FY 2008 Org 1400

Personal Services001$1,150,144
Annual Increment00416,000
Employee Benefits010448,081
Unclassified099
992,586

Total$
2,606,811

103-Department of Agriculture-

West Virginia Rural Rehabilitation Program

(WV Code Chapter 19)


Fund 1408 FY 2008 Org 1400

Personal Services
001
$
51,204

Annual Increment
004
850

Employee Benefits
010
15,246

Unclassified
099
975,996

Total$1,043,296
104-Department of Agriculture-

General John McCausland Memorial Farm

(WV Code Chapter 19)


Fund 1409 FY 2008 Org 1400

Unclassified-Total096$
100,000

The above appropriation shall be expended in accordance with article twenty-six, chapter nineteen of the code.
105-Department of Agriculture-

Farm Operating Fund

(WV Code Chapter 19)


Fund 1412 FY 2008 Org 1400

Unclassified-Total096$1,500,450
106-Department of Agriculture-

Donated Food Fund

(WV Code Chapter 19)

Fund 1446 FY 2008 Org 1400

Unclassified-Total
096
$
4,500,000

107-Department of Agriculture-

Integrated Predation Management Fund

(WV Code Chapter 7)

Fund 1465 FY 2008 Org 1400

Unclassified-Total
096
$
25,000

108-Attorney General-

Antitrust Enforcement

(WV Code Chapter 47)


Fund 1507 FY 2008 Org 1500

Personal Services001$252,718
Annual Increment0041,965
Employee Benefits01077,130
Unclassified099
138,055

Total$
469,688

109-Attorney General-

Preneed Burial Contract Regulation Fund

(WV Code Chapter 47)

Fund 1513 FY 2008 Org 1500

Unclassified-Total096$231,123
110-Attorney General-

Preneed Guarantee Fund

(WV Code Chapter 47)

Fund 1514 FY 2008 Org 1500

Unclassified-Total096$775,000
111-Secretary of State-

Service Fees and Collection Account

(WV Code Chapters 3, 5, and 59)

Fund 1612 FY 2008 Org 1600

Personal Services
001
$
1,136,600

Annual Increment
004
10,300

Employee Benefits
010
332,545

Unclassified
099
1,055,406

Total
$
2,534,851

112-Secretary of State-

State Election Fund

(WV Code Chapter 3)

Fund 1614 FY 2008 Org 1600

Any unexpended balance remaining in the appropriation for Unclassified-Total (fund 1614, activity 096) at the close of the fiscal year 2007 is hereby reappropriated for expenditure during the fiscal year 2008.
DEPARTMENT OF ADMINISTRATION

113-Division of Information Services and Communications

(WV Code Chapter 5A)

Fund 2220 FY 2008 Org 0210

Personal Services001$19,124,893
Annual Increment004274,530
Employee Benefits0106,285,029
Unclassified099
11,394,644

Total$
37,079,096

The total amount of this appropriation shall be paid from a special revenue fund out of collections made by the division of information services and communications as provided by law.
Each spending unit operating from the general revenue fund, from special revenue funds or receiving reimbursement for postage from the federal government shall be charged monthly for all postage meter service and shall reimburse the revolving fund monthly for all such amounts.
114-Division of Personnel

(WV Code Chapter 29)

Fund 2440 FY 2008 Org 0222

Personal Services001$2,644,457
Annual Increment00458,190
Employee Benefits010944,122
Unclassified099
1,374,811

Total$
5,021,580

The total amount of this appropriation shall be paid from a special revenue fund out of fees collected by the division of personnel.
115-WV Prosecuting Attorneys Institute

(WV Code Chapter 7)

Fund 2521 FY 2008 Org 0228

Unclassified-Total (R)096$545,887
Any unexpended balance remaining in the appropriation for Unclassified-Total (fund 2521, activity 096) at the close of the fiscal year 2007 is hereby reappropriated for expenditure during the fiscal year 2008.
116-Office of Technology-

Chief Technology Officer Administration Fund

(WV Code Chapter 5A)

Fund 2531 FY 2008 Org 0231

Unclassified-Total096
$
2,034,788

From the above fund, the provisions of West Virginia Code §11B-2-18 shall not operate to permit expenditures in excess of the funds authorized for expenditure herein.
DEPARTMENT OF COMMERCE

117-Division of Forestry

(WV Code Chapter 19)


Fund 3081 FY 2008 Org 0305

Personal Services001$189,417
Annual Increment0045,350
Employee Benefits01085,697
Unclassified099
541,459

Total$
821,923

118-Division of Forestry-

Timbering Operations Enforcement Fund

(WV Code Chapter 19)


Fund 3082 FY 2008 Org 0305

Unclassified-Total096$141,750
119-Division of Forestry-

Severance Tax Operations

(WV Code Chapter 11)


Fund 3084 FY 2008 Org 0305

Unclassified-Total096$2,039,024
120-Geological and Economic Survey

(WV Code Chapter 29)


Fund 3100 FY 2008 Org 0306

Personal Services001$43,480
Annual Increment004584
Employee Benefits01015,227
Unclassified099
157,099

Total$
216,390

The above appropriation shall be used in accordance with section four, article two, chapter twenty-nine of the code.
121-West Virginia Development Office-

Energy Assistance

(WV Code Chapter 5B)


Fund 3144 FY 2008 Org 0307

Energy Assistance-Total (R)
647
$
300,000

Any unexpended balance remaining in the appropriation for Energy Assistance-Total (fund 3144, activity 647) at the close of the fiscal year 2007 is hereby reappropriated for expenditure during the fiscal year 2008.
122-West Virginia Development Office-

Office of Coal Field Community Development

(WV Code Chapter 5B)

Fund 3162 FY 2008 Org 0307

Unclassified-Total (R)
096
$694,104

Any unexpended balance remaining in the above appropriation for Unclassified-Total (fund 3162, activity 096) at the close of the fiscal year 2007 is hereby reappropriated for expenditure during the fiscal year 2008.
123-Division of Labor-

Contractor Licensing Board Fund

(WV Code Chapter 21)


Fund 3187 FY 2008 Org 0308

Personal Services001$1,071,874
Annual Increment00414,280
Employee Benefits010500,014
Unclassified099
471,987

Total$
2,058,155

124-Division of Labor-

Elevator Safety Act

(WV Code Chapter 21)

Fund 3188 FY 2008 Org 0308

Personal Services001$76,697
Annual Increment004723
Employee Benefits01030,327
Unclassified099
69,868

Total$
177,615

125-Division of Labor-

Crane Operator Certification Fund

(WV Code Chapter 21)

Fund 3191 FY 2008 Org 0308

Unclassified-Total096$112,175
126-Division of Labor-

Amusement Rides and Amusement Attraction Safety Fund

(WV Code Chapter 21)

Fund 3192 FY 2008 Org 0308

Unclassified-Total096$102,958
127-Division of Labor-

State Manufactured Housing Administration Fund

(WV Code Chapter 21)

Fund 3195 FY 2008 Org 0308

Personal Services001$97,000
Annual Increment
004
1,646

Employee Benefits
010
45,701

Unclassified
099
27,349

BRIM Premium
913
3,404

Total
$
177,615

128-Division of Labor-

Weights and Measures Fund

(WV Code Chapter 47)

Fund 3196 FY 2008 Org 0308

Unclassified-Total
096
$50,000

129-Division of Natural Resources

(WV Code Chapter 20)

Fund 3200 FY 2008 Org 0310

Wildlife Resources023$7,256,893
Administration1551,962,790
Capital Improvements and
Land Purchase (R)
248
1,597,397

Law Enforcement
806
7,256,893

Total$
18,073,973

The total amount of this appropriation shall be paid from a special revenue fund out of fees collected by the division of natural resources.
Any unexpended balances remaining in the appropriations for Point of Sales Licensing System (fund 3200, activity 043), Capital Improvements and Land Purchase (fund 3200, activity 248), and DEP-Compliance Mandate-Fish Hatchery (fund 3200, activity 668) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008 with the exception of fund 3200, fiscal year 2003, activity 248 ($1,000,000) which shall expire on June 30, 2007.
130-Division of Natural Resources-

Game, Fish and Aquatic Life Fund

(WV Code Chapter 20)

Fund 3202 FY 2008 Org 0310

Unclassified-Total096$75,000
131-Division of Natural Resources-

Nongame Fund

(WV Code Chapter 20)

Fund 3203 FY 2008 Org 0310

Personal Services001$646,649
Annual Increment0049,250
Employee Benefits010245,968
Unclassified099
446,250

Total$
1,348,117

132-Division of Natural Resources-

Planning and Development Division

(WV Code Chapter 20)

Fund 3205 FY 2008 Org 0310

Personal Services001$239,068
Annual Increment0046,400
Employee Benefits01091,385
Unclassified099
167,052

Total$
503,905

133-Division of Natural Resources-

Whitewater Study and Improvement Fund

(WV Code Chapter 20)

Fund 3253 FY 2008 Org 0310

Unclassified-Total096$209,090
134-Division of Natural Resources-

Whitewater Advertising and Promotion Fund

(WV Code Chapter 20)


Fund 3256 FY 2008 Org 0310

Unclassified-Total096$20,000
135-Miners' Health, Safety and Training Fund

(WV Code Chapter 22A)

Fund 3355 FY 2008 Org 0314

Personal Services
001
$
90,000

Annual Increment
004
275

Employee Benefits
010
27,055

WV Mining Extension Service
026
150,000

Unclassified
099
548,000

Total
$815,330

DEPARTMENT OF EDUCATION

136-State Board of Education-

Strategic Staff Development

(WV Code Chapter 18)


Fund 3937 FY 2008 Org 0402

Unclassified-Total (R)096$501,283
Any unexpended balance remaining in the appropriation for Unclassified-Total (fund 3937, activity 096) at the close of the fiscal year 2007 is hereby reappropriated for expenditure during the fiscal year 2008.
137-State Department of Education-

School Building Authority

(WV Code Chapter 18)


Fund 3959 FY 2008 Org 0402

Personal Services001$672,719
Annual Increment00410,650
Employee Benefits010238,574
Unclassified099
266,715

Total
$1,188,658

The above appropriation for the administrative expenses of the school building authority shall be paid from the interest earnings on debt service reserve accounts maintained on behalf of said authority.
138-State Department of Education-

FFA-FHA Camp and Conference Center

(WV Code Chapter 18)


Fund 3960 FY 2008 Org 0402

Personal Services001$840,000
Annual Increment00416,000
Employee Benefits010295,670
Unclassified099
705,590

Total$
1,857,260

DEPARTMENT OF EDUCATION AND THE ARTS

139-Office of the Secretary-

Lottery Education Fund Interest Earnings-

Control Account

(WV Code Chapter 29)

Fund 3508 FY 2008 Org 0431

EPSCoR
571
$
353,259

Educational Enhancements
695
600,000

Total
$
953,259

Any unexpended balance remaining in the appropriation for Unclassified-Total (fund 3508, activity 096) and EPSCoR-Total (fund 3508, activity 651) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
140-Division of Culture and History-

Public Records and Preservation Revenue Account

(WV Code Chapter 5A)

Fund 3542 FY 2008 Org 0432

Unclassified-Total
096
$
935,071

141-State Board of Rehabilitation-

Division of Rehabilitation Services-

West Virginia Rehabilitation Center-

Special Account

(WV Code Chapter 18)


Fund 8664 FY 2008 Org 0932

Unclassified-Total096$905,360
DEPARTMENT OF ENVIRONMENTAL PROTECTION

142-Solid Waste Management Board

(WV Code Chapter 22C)


Fund 3288 FY 2008 Org 0312

Personal Services001$597,898
Annual Increment0045,900
Employee Benefits010188,802
Unclassified099
1,755,180

Total$2,547,780
143-Division of Environmental Protection-

Environmental Management Fund

(WV Code Chapter 22)


Fund 3001 FY 2008 Org 0313

Personal Services001$14,410,057
Annual Increment004201,408
Employee Benefits0105,477,878
Unclassified099
14,500,064

Total$34,589,407
144-Division of Environmental Protection-

Special Reclamation Fund

(WV Code Chapter 22)


Fund 3321 FY 2008 Org 0313

Personal Services001$1,201,810
Annual Increment00417,650
Employee Benefits010422,190
Unclassified099
16,292,832

Total$
17,934,482

145-Division of Environmental Protection-

Oil and Gas Reclamation Fund

(WV Code Chapter 22)


Fund 3322 FY 2008 Org 0313

Unclassified-Total096$441,545
146-Division of Environmental Protection-

Stream Restoration Fund

(WV Code Chapter 22)



Fund 3349 FY 2008 Org 0313

Unclassified-Total096$945,000
147-Division of Environmental Protection-

Recycling Assistance Fund

(WV Code Chapter 22)



Fund 3487 FY 2008 Org 0313

Any unexpended balance remaining in the appropriation for Unclassified (fund 3487, activity 099) at the close of the fiscal year 2007 is hereby reappropriated and redesignated into the Division of Environmental Protection (organization 0313), Environmental Management Fund (fund 3001) for expenditure during the fiscal year 2008.
148-Oil and Gas Conservation Commission-

Special Oil and Gas Conservation Fund

(WV Code Chapter 22C)


Fund 3371 FY 2008 Org 0315

Personal Services001$152,369
Annual Increment0042,300
Employee Benefits01036,553
Unclassified099
33,206

Total$224,428
DEPARTMENT OF HEALTH AND HUMAN RESOURCES

149-Board of Barbers and Cosmetologists

(WV Code Chapters 16 and 30)


Fund 5425 FY 2008 Org 0505

Personal Services001$243,796
Annual Increment0046,211
Employee Benefits010107,238
Unclassified099
101,366

Total$
458,611

The total amount of this appropriation shall be paid from a special revenue fund out of collections made by the board of barbers and cosmetologists as provided by law.
150-WV Board of Medicine

(WV Code Chapter 30)


Fund 5106 FY 2008 Org 0506

Unclassified-Total096$1,192,861
151-Division of Health-

Tobacco Settlement Expenditure Fund

(WV Code Chapter 4)

Fund 5124 FY 2008 Org 0506

Any unexpended balances remaining in the above appropriations for Institutional Facilities Operations (fund 5124, activity 335) and Tobacco Education Program (fund 5124, activity 906) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
152-Division of Health-

Vital Statistics

(WV Code Chapter 16)


Fund 5144 FY 2008 Org 0506

Personal Services001$376,206
Annual Increment0049,003
Employee Benefits010161,614
Unclassified.099
570,788

Total$
1,117,611

153-Division of Health-

Hospital Services Revenue Account

(Special Fund)

(Capital Improvement, Renovation and Operations)

(WV Code Chapter 16)


Fund 5156 FY 2008 Org 0506

Debt Service (R)040$2,420,000
Institutional Facilities
Operations (R)33538,674,129
Medical Services Trust Fund-
Transfer (R)512
23,300,000

Total$
64,394,129

Any unexpended balance remaining in the appropriation for hospital services revenue account at the close of the fiscal year 2007 is hereby reappropriated for expenditure during the fiscal year 2008, except for fund 5156, activity 040 (fiscal year 2006) which shall expire on June 30, 2007.
The total amount of this appropriation shall be paid from the hospital services revenue account special fund created by section thirteen, article one, chapter sixteen of the code, and shall be used for operating expenses and for improvements in connection with existing facilities and bond payments.
The secretary of the department of health and human resources is authorized to utilize up to ten percent of the funds from the appropriation for Institutional Facilities Operations line to facilitate cost effective and cost saving services at the community level.
Necessary funds from the above appropriation may be used for medical facilities operations, either in connection with this account or in connection with the line item designated Institutional Facilities Operations in the consolidated medical service fund (fund 0525, fiscal year 2008, organization 0506).
From the above appropriation to Institutional Facilities Operations, together with available funds from the consolidated medical services fund (fund 0525, activity 335) on July 1, 2007, the sum of one hundred sixty thousand dollars shall be transferred to the department of agriculture-land division as advance payment for the purchase of food products; actual payments for such purchases shall not be required until such credits have been completely expended.
154-Division of Health-

Laboratory Services

(WV Code Chapter 16)


Fund 5163 FY 2008 Org 0506

Personal Services001$514,710
Annual Increment00411,060
Employee Benefits010208,533
Unclassified099
116,530

Total$
850,833

155-Division of Health-

Health Facility Licensing

(WV Code Chapter 16)


Fund 5172 FY 2008 Org 0506

Personal Services001$204,830
Annual Increment0043,200
Employee Benefits01075,923
Unclassified099
93,313

Total$
377,266

156-Division of Health-

Hepatitis B Vaccine

(WV Code Chapter 16)

Fund 5183 FY 2008 Org 0506

Personal Services001$57,871
Annual Increment0041,530
Employee Benefits01022,056
Unclassified.099
2,996,007

Total$
3,077,464

157-Division of Health-

Lead Abatement Fund

(WV Code Chapter 16)


Fund 5204 FY 2008 Org 0506

Unclassified-Total096$20,090
158-Division of Health-

West Virginia Birth to Three Fund

(WV Code Chapter 16)

Fund 5214 FY 2008 Org 0506

Personal Services
001
$
511,400

Annual Increment
004
4,750

Employee Benefits
010
202,041

Unclassified
099
19,141,165

Total
$
19,859,356

159-Division of Health-

Tobacco Control Special Fund

(WV Code Chapter 16)

Fund 5218 FY 2008 Org 0506

Unclassified-Total
096
$
15,000

160-West Virginia Health Care Authority-

Health Care Cost Review Fund

(WV Code Chapter 16)


Fund 5375 FY 2008 Org 0507

Personal Services001$2,218,904
Annual Increment00425,000
Employee Benefits010688,250
Hospital Assistance
025600,000

Unclassified099
3,089,545

Total$
6,621,699

The above appropriation is to be expended in accordance with and pursuant to the provisions of article twenty-nine-b, chapter sixteen of the code and from the special revolving fund designated health care cost review fund.
The Health Care Authority is authorized to transfer up to $900,000 from this fund to the West Virginia Health Information Network Account (fund 5380) as authorized per 16-29G-4.
161-West Virginia Health Care Authority-

West Virginia Health Information Network Account

(WV Code Chapter 16)

Fund 5380 FY 2008 Org 0507

Unclassified-Total
096
$900,000

162-Division of Human Services-

Health Care Provider Tax

(WV Code Chapter 11)


Fund 5090 FY 2008 Org 0511

Medical Services189$173,816,000
Medical Services Administrative Costs
789
400,000

Total
$
174,216,000

From the above appropriation, an amount not to exceed two hundred thousand dollars shall be transferred to a special revenue account in the treasury for use by the department of health and human resources for administrative purposes. The remainder of all moneys deposited in the fund shall be transferred to the West Virginia medical services fund (fund 5084).
163-Division of Human Services-

Child Support Enforcement

(WV Code Chapter 48A)

Fund 5094 FY 2008 Org 0511

Unclassified-Total (R)096$34,640,532
Any unexpended balance remaining in the appropriation for Unclassified-Total (fund 5094, activity 096) at the close of the fiscal year 2007 is hereby reappropriated for expenditure during the fiscal year 2008, except for fund 5094, activity 096, fiscal year 2005 which shall expire on June 30, 2007.
164-Division of Human Services-

Medical Services Trust Fund

(WV Code Chapter 9)


Fund 5185 FY 2008 Org 0511

Medical Services189
$
30,556,594

Medical Services Administrative Costs
789
501,411

Total
$
31,058,005

The above appropriation to Medical Services shall be used to provide state match of Medicaid expenditures as defined and authorized in subsection (c) of Chapter 9-4A-2a. Expenditures from the fund are limited to the following: payment of backlogged billings, funding for services to future federally mandated population groups and payment of the required state match for medicaid disproportionate share payments. The remainder of all moneys deposited in the fund shall be transferred to the division of human services accounts.
165-Division of Human Services-

James 'Tiger' Morton Catastrophic Illness Fund

(WV Code Chapter 16)

Fund 5454 FY 2008 Org 0511

Unclassified-Total
096
$1,607,564

166-Family Protection Services Board-

Domestic Violence Legal Services Fund

(WV Code Chapter 48)

Fund 5455 FY 2008 Org 0511

Unclassified-Total
096
$588,022

DEPARTMENT OF MILITARY AFFAIRS AND PUBLIC SAFETY

167-Department of Military Affairs and Public Safety-

Office of the Secretary-

Law-Enforcement, Safety and

Emergency Worker Funeral

Expense Payment Fund

(WV Code Chapter 15)

Fund 6003 FY 2008 Org 0601

Unclassified-Total096$20,000
168-State Armory Board-

General Armory Fund

(WV Code Chapter 15)


Fund 6057 FY 2008 Org 0603

Unclassified-Total096$1,459,901
169-Division of Homeland Security and

Emergency Management-

West Virginia Interoperable Radio Project

(WV Code Chapter 24)

Fund 6295 FY 2008 Org 0606

Unclassified-Total
096
$
1,500,000

170-West Virginia Division of Corrections-

Parolee Supervision Fees

(WV Code Chapter 62)


Fund 6362 FY 2008 Org 0608

Personal Services001$263,670
Annual Increment0041,651
Employee Benefits01091,872
Unclassified
099
371,204

Total$
728,397

171-West Virginia State Police-

Motor Vehicle Inspection Fund

(WV Code Chapter 17C)


Fund 6501 FY 2008 Org 0612

Personal Services001$714,500
Annual Increment00424,500
Employee Benefits010301,169
Unclassified099
357,770

BRIM Premium
913
302,432

Total$
1,700,371

The total amount of this appropriation shall be paid from the special revenue fund out of fees collected for inspection stickers as provided by law.
172-West Virginia State Police-

Drunk Driving Prevention Fund

(WV Code Chapter 15)


Fund 6513 FY 2008 Org 0612

Unclassified099$1,327,000
BRIM Premium
913
154,452

Total
$
1,481,452

The total amount of this appropriation shall be paid from the special revenue fund out of receipts collected pursuant to sections nine-a and sixteen, article fifteen, chapter eleven of the code and paid into a revolving fund account in the state treasury.
173-West Virginia State Police-

Surplus Real Property Proceeds Fund

(WV Code Chapter 15)


Fund 6516 FY 2008 Org 0612

Unclassified099$444,980
BRIM Premium
913
77,222

Total
$
522,202

174-West Virginia State Police-

Surplus Transfer Account

(WV Code Chapter 15)

Fund 6519 FY 2008 Org 0612

Unclassified (R)099$312,002
BRIM Premium
913
54,063

Total
$
366,065

Any unexpended balances remaining in the appropriations for Helicopter Purchase (fund 6519, activity 063) and Unclassified (fund 6519, activity 099) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
175-West Virginia State Police-

Central Abuse Registry Fund

(WV Code Chapter 15)

Fund 6527 FY 2008 Org 0612

Unclassified099$232,492
BRIM Premium
913
18,524

Total
$
251,016

176-West Virginia State Police-

Bail Bond Enforcer Fund

(WV Code Chapter 15)

Fund 6532 FY 2008 Org 0612

Unclassified-Total096$3,308
177-Division of Veterans' Affairs-

Veterans' Facilities Support Fund

(WV Code Chapter 9A)


Fund 6703 FY 2008 Org 0613

Unclassified-Total096$900,000
178-Regional Jail and Correctional

Facility Authority

(WV Code Chapter 31)


Fund 6675 FY 2008 Org 0615

Personal Services001$1,274,941
Annual Increment00417,600
Employee Benefits010418,337
Debt Service0409,000,000
Unclassified099
545,235

Total$
11,256,113

179-Division of Veterans' Affairs-

Veterans' Home

(WV Code Chapter 9A)


Fund 6754 FY 2008 Org 0618

Unclassified-Total096$466,000
180-Fire Commission-

Fire Marshal Fees

(WV Code Chapter 29)


Fund 6152 FY 2008 Org 0619

Personal Services001$1,928,950
Annual Increment00425,000
Employee Benefits010677,799
Unclassified099
460,062

BRIM Premium
913
58,013

Total$
3,149,824

Any unexpended cash balance remaining in fund 6152 at the close of the fiscal year 2007 is hereby available for expenditure as part of the fiscal year 2008 appropriation.
181-Division of Criminal Justice Services-

WV Community Corrections Fund

(WV Code Chapter 62)


Fund 6386 FY 2008 Org 0620

Unclassified-Total096$2,002,425
182-Criminal Justice Services-

Court Security Fund

(WV Code Chapter 51)


Fund 6804 FY 2008 Org 0620

Unclassified-Total096$1,550,000
DEPARTMENT OF REVENUE

183-Division of Banking

(WV Code Chapter 31A)


Fund 3041 FY 2008 Org 0303

Personal Services001$1,756,100
Annual Increment00416,500
Employee Benefits010531,806
Unclassified099
558,940

Total$
2,863,346

184-Tax Division-

Cemetery Company Account

(WV Code Chapter 35)


Fund 7071 FY 2008 Org 0702

Personal Services001$17,274
Annual Increment
004
225

Employee Benefits0105,845
Unclassified099
7,772

Total$
31,116

185-Tax Division-

Special Audit and Investigative Unit

(WV Code Chapter 11)


Fund 7073 FY 2008 Org 0702

Personal Services001$857,754
Annual Increment00418,600
Employee Benefits010323,783
Unclassified099
229,847

Total$
1,429,984

186-Tax Division-

Special District Excise Tax Administration Fund

(WV Code Chapter 11)

Fund 7086 FY 2008 Org 0702

Unclassified-Total096$50,000
187-State Budget Office-

Public Employees Insurance Reserve Fund

(WV Code Chapter 11B)


Fund 7400 FY 2008 Org 0703

Public Employees Insurance Reserve
Fund-Transfer
903
$
6,500,000

The above appropriation for Public Employees Insurance Reserve Fund-Transfer shall be transferred to the Medical Services Trust Fund (fund 5185, org 0511) for expenditure.
188-Insurance Commissioner-

Examination Revolving Fund

(WV Code Chapter 33)


Fund 7150 FY 2008 Org 0704

Personal Services001$566,230
Annual Increment0043,900
Employee Benefits010158,435
Unclassified099
486,389

Total$
1,214,954

189-Insurance Commissioner-

Consumer Advocate

(WV Code Chapter 33)


Fund 7151 FY 2008 Org 0704

Personal Services001$459,528
Annual Increment0043,850
Employee Benefits010145,898
Unclassified099
157,792

Total$
767,068

190-Insurance Commissioner

(WV Code Chapter 33)


Fund 7152 FY 2008 Org 0704

Personal Services (R)001$17,600,000
Annual Increment (R)004246,582
Employee Benefits (R)0106,808,130
Unclassified (R)099
11,665,259

Total$
36,319,971

Any unexpended balances remaining in the appropriations at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
The total amount of this appropriation shall be paid from a special revenue fund out of collections of fees and charges as provided by law.
191-Insurance Commissioner-

Workers' Compensation Old Fund

(WV Code Chapter 23)


Fund 7162 FY 2008 Org 0704

Unclassified-Total
096
$
550,000,000

192-Insurance Commissioner-

Workers' Compensation Uninsured Employers' Fund

(WV Code Chapter 23)


Fund 7163 FY 2008 Org 0704

Unclassified-Total
096
$
27,000,000

193-Insurance Commissioner-

Self-Insured Employer Guaranty Risk Pool

(WV Code Chapter 23)


Fund 7164 FY 2008 Org 0704

Unclassified-Total
096
$
5,000,000

194-Insurance Commissioner-

Self-Insured Employer Security Risk Pool

(WV Code Chapter 23)


Fund 7165 FY 2008 Org 0704

Unclassified-Total
096
$
10,000,000

195-Insurance Commissioner-

Private Carrier Guaranty Fund

(WV Code Chapter 23)


Fund 7166 FY 2008 Org 0704

Unclassified-Total
096
$
1,000,000

196-Insurance Commissioner-

Assigned Risk Fund

(WV Code Chapter 23)


Fund 7167 FY 2008 Org 0704

Unclassified-Total
096
$
1,000,000

197-Lottery Commission-

Revenue Center Construction Fund

(WV Code Chapter 29)


Fund 7209 FY 2008 Org 0705

Unclassified-Total
096
$
20,000,000

198-Municipal Bond Commission

(WV Code Chapter 13)


Fund 7253 FY 2008 Org 0706

Personal Services001$164,862
Annual Increment0044,300
Employee Benefits01065,156
Unclassified099
76,101

Total$310,419
199-Racing Commission-

Relief Fund

(WV Code Chapter 19)

Fund 7300 FY 2008 Org 0707

Medical Expenses-Total245$57,000
The total amount of this appropriation shall be paid from the special revenue fund out of collections of license fees and fines as provided by law.
No expenditures shall be made from this account except for hospitalization, medical care and/or funeral expenses for persons contributing to this fund.
200-Racing Commission-

Administration and Promotion

(WV Code Chapter 19)


Fund 7304 FY 2008 Org 0707

Personal Services001$118,244
Annual Increment0041,000
Employee Benefits01032,034
Unclassified099
82,161

Total$
233,439

201-Racing Commission-

General Administration

(WV Code Chapter 19)


Fund 7305 FY 2008 Org 0707

Personal Services001$2,048,800
Annual Increment00420,250
Employee Benefits010494,228
Unclassified099
380,728

Total$
2,944,006

202-Racing Commission-

Administration, Promotion and Education Fund

(WV Code Chapter 19)


Fund 7307 FY 2008 Org 0707

Unclassified-Total096$250,000
203-Alcohol Beverage Control Administration-

Wine License Special Fund

(WV Code Chapter 60)


Fund 7351 FY 2008 Org 0708

Personal Services001$231,468
Annual Increment0044,300
Employee Benefits01096,476
Unclassified099
113,069

Total$
445,313

To the extent permitted by law, four classified exempt positions shall be provided from Personal Services line item for field auditors.
204-Alcohol Beverage Control Administration

(WV Code Chapter 60)


Fund 7352 FY 2008 Org 0708

Personal Services001$3,783,914
Annual Increment00479,000
Employee Benefits0101,654,264
Unclassified (R)099
2,307,048

Total$
7,824,226

Any unexpended balance remaining in the appropriation for Unclassified (fund 7352, activity 099) at the close of the fiscal year 2007 is hereby reappropriated for expenditure during the fiscal year 2008.
From the above appropriation an amount shall be used for the Tobacco/Alcohol Education Program.
The total amount of this appropriation shall be paid from a special revenue fund out of liquor revenues.
The above appropriation includes the salary of the commissioner and the salaries, expenses and equipment of administrative offices, warehouses and inspectors.
There is hereby appropriated from liquor revenues, in addition to the above appropriation, the necessary amount for the purchase of liquor as provided by law.
DEPARTMENT OF TRANSPORTATION

205-Division of Motor Vehicles-

Motor Vehicle Fees Fund

(WV Code Chapter 17B)


Fund 8223 FY 2008 Org 0802

Unclassified-Total
096
$
3,832,444

206-Division of Motor Vehicles-

Dealer Recovery Fund

(WV Code Chapter 17)


Fund 8220 FY 2008 Org 0802

Unclassified-Total096$189,000
207-Division of Highways-

A. James Manchin Fund

(WV Code Chapter 17)


Fund 8319 FY 2008 Org 0803

Unclassified-Total096$3,320,000
HIGHER EDUCATION

208-Higher Education Policy Commission-

System-

Registration Fee Capital Improvement Fund

(Capital Improvement and Bond Retirement Fund)

Control Account

(WV Code Chapters 18 and 18B)


Fund 4902 FY 2008 Org 0442

Debt Service (R)
040
$
4,822,241

General Capital Expenditures (R)
306
500,000

Total
$
5,322,241

Any unexpended balances remaining in the appropriations at the close of fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008, except for fund 4902, activity 306 (fiscal year 2004) which shall expire on June 30, 2007.
The total amount of this appropriation shall be paid from the special capital improvements fund created in section eight, article ten, chapter eighteen-b of the code. Projects are to be paid on a cash basis and made available on July 1.
The above appropriations, except for debt service, may be transferred to special revenue funds for capital improvement projects at the institutions.
209-Higher Education Policy Commission-

System-

Tuition Fee Capital Improvement Fund

(Capital Improvement and Bond Retirement Fund)

Control Account

(WV Code Chapters 18 and 18B)


Fund 4903 FY 2008 Org 0442

Debt Service (R)
040
$
23,600,143

General Capital Expenditures (R)
306
3,000,000

Facilities Planning
and Administration (R)
386
394,139

Total
$
26,994,282

Any unexpended balances remaining in the appropriations at the close of fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008, except for fund 4903, activity 040 (fiscal year 2006), and fund 4903, activity 537 (fiscal year 2000) which shall expire on June 30, 2007.
The total amount of this appropriation shall be paid from the special capital improvement fund created in section eight, article ten, chapter eighteen-b of the code. Projects are to be paid on a cash basis and made available on July 1.
The above appropriations, except for debt service, may be transferred to special revenue funds for capital improvement projects at the institutions.
210-Higher Education Policy Commission-

1977 State System Registration Fee Refund Revenue Construction Fund

(WV Code Chapters 18 and 18B)

Fund 4905 FY 2008 Org 0442

Any unexpended balance remaining in the appropriation at the close of the fiscal year 2007 is hereby reappropriated for expenditure during the fiscal year 2008.
The appropriation shall be paid from available unexpended cash balances and interest earnings accruing to the fund. The appropriation shall be expended at the discretion of the Higher Education Policy Commission and the funds may be allocated to any institution within the system.
The total amount of this appropriation shall be paid from the unexpended proceeds of revenue bonds previously issued pursuant to section eight, article ten, chapter eighteen-b of the code, which have since been refunded.
211-Higher Education Policy Commission-

Tuition Fee Revenue Bond Construction Fund

(WV Code Chapters 18 and 18B)

Fund 4906 FY 2008 Org 0442

Any unexpended balance remaining in the appropriation at the close of the fiscal year 2007 is hereby reappropriated for expenditure during the fiscal year 2008.
The appropriation shall be paid from available unexpended cash balances and interest earnings accruing to the fund. The appropriation shall be expended at the discretion of the Higher Education Policy Commission and the funds may be allocated to any institution within the system.
The total amount of this appropriation shall be paid from the unexpended proceeds of revenue bonds previously issued pursuant to section eight, article twelve-b, chapter eighteen of the code, which have since been refunded.
212-Health Sciences-

West Virginia University Health Sciences Center

(WV Code Chapters 18 and 18B)


Fund 4179 FY 2008 Org 0463

Unclassified-Total (R)
096
$
15,479,774

Any unexpended balance remaining in the appropriation at the close of fiscal year 2007 is hereby reappropriated for expenditure during the fiscal year 2008.
MISCELLANEOUS BOARDS AND COMMISSIONS


213-Hospital Finance Authority

(WV Code Chapter 16)


Fund 5475 FY 2008 Org 0509

Personal Services001$46,024
Annual Increment004850
Employee Benefits01018,068
Unclassified.099
30,622

Total$95,564
The total amount of this appropriation shall be paid from the special revenue fund out of fees and collections as provided by article twenty-nine-a, chapter sixteen of the code.
214-WV State Board of Examiners for Licensed Practical Nurses

(WV Code Chapter 30)

Fund 8517 FY 2008 Org 0906

Unclassified-Total096$367,344
215-WV Board of Examiners for Registered Professional Nurses

(WV Code Chapter 30)

Fund 8520 FY 2008 Org 0907

Unclassified-Total096$895,792
216-Public Service Commission

(WV Code Chapter 24)


Fund 8623 FY 2008 Org 0926

Personal Services001$8,063,255
Annual Increment004130,000
Employee Benefits0102,712,790
Unclassified099
2,810,395

PSC Weight Enforcement
345
4,200,000

Debt Payment/Capital Outlay
520
350,000

BRIM Premium913
128,000

Total$18,394,440
The total amount of this appropriation shall be paid from a special revenue fund out of collection for special license fees from public service corporations as provided by law.
The Public Service Commission is authorized to spend up to $500,000, from surplus funds in this account, to meet the expected deficiencies in the Motor Carrier Division account due to passage of enrolled house bill no. 2715, regular session, 1998.
217-Public Service Commission-

Gas Pipeline Division-

Public Service Commission Pipeline Safety Fund

(WV Code Chapter 24B)


Fund 8624 FY 2008 Org 0926

Personal Services001$155,617
Annual Increment0045,556
Employee Benefits01053,265
Unclassified099
85,946

Total$300,384
The total amount of this appropriation shall be paid from a special revenue fund out of receipts collected for or by the public service commission pursuant to and in the exercise of regulatory authority over pipeline companies as provided by law.
218-Public Service Commission-

Motor Carrier Division

(WV Code Chapter 24A)


Fund 8625 FY 2008 Org 0926

Personal Services001$1,614,046
Annual Increment00440,000
Employee Benefits010548,622
Unclassified099
579,790

Total$2,782,458
The total amount of this appropriation shall be paid from a special revenue fund out of receipts collected for or by the public service commission pursuant to and in the exercise of regulatory authority over motor carriers as provided by law.
219-Public Service Commission-

Consumer Advocate

(WV Code Chapter 24)


Fund 8627 FY 2008 Org 0926

Personal Services001$511,877
Annual Increment0046,700
Employee Benefits010161,070
Unclassified099
264,911

BRIM Premium
913
3,978

Total$948,536
The total amount of this appropriation shall be paid from a special revenue fund out of collections made by the public service commission.
220-Real Estate Commission

(WV Code Chapter 30)


Fund 8635 FY 2008 Org 0927

Personal Services001$364,715
Annual Increment0047,100
Employee Benefits010122,377
Unclassified099
236,486

Total$730,678
The total amount of this appropriation shall be paid out of collections of license fees as provided by law.
221-WV Board of Examiners for Speech-Language

Pathology and Audiology

(WV Code Chapter 30)

Fund 8646 FY 2008 Org 0930

Unclassified-Total096$91,939
222-WV Board of Respiratory Care

(WV Code Chapter 30)

Fund 8676 FY 2008 Org 0935

Unclassified-Total096$107,111
223-WV Board of Licensed Dietitians

(WV Code Chapter 30)


Fund 8680 FY 2008 Org 0936

Unclassified-Total096$18,900
224-Massage Therapy Licensure Board

(WV Code Chapter 30)

Fund 8671 FY 2008 Org 0938

Unclassified-Total096
$91,861

225-Board of Treasury Investments

(WV Code Chapter 12)

Fund 9152 FY 2008 Org 0950

Unclassified-Total
096
$
1,146,655

There is hereby appropriated from this fund, in addition to the above appropriation, the amount of funds necessary for the Board of Treasury Investments to pay the fees and expenses of custodians, fund advisors and fund managers for the Consolidated fund of the State as provided in Chapter 12, Article 6C of the West Virginia Code.
The total amount of the appropriation shall be paid from the special revenue fund out of fees and collections as provided by law.
Total TITLE II, Section 3-Other Funds
$
1,290,895,376

Sec. 4. Appropriations from lottery net profits.-Net profits of the lottery are to be deposited by the director of the lottery to the following accounts in the amounts indicated. The director of the lottery shall prorate each deposit of net profits in the proportion the appropriation for each account bears to the total of the appropriations for all accounts.
After first satisfying the requirements for Fund 2252 and Fund 3963 pursuant to section eighteen, article twenty-two, chapter twenty-nine of the code, the director of the lottery shall make available from the remaining net profits of the lottery any amounts needed to pay debt service for which an appropriation is made for Fund 3167 and Fund 4297, and is authorized to transfer any such amounts to Fund 3167 and Fund 4297 for that purpose. Upon receipt of reimbursement of amounts so transferred, the director of the lottery shall deposit the reimbursement amounts to the following accounts as required by this section.
226-Education, Arts, Sciences and Tourism-

Debt Service Fund

(WV Code Chapter 5)


Fund 2252 FY 2008 Org 0211

Lottery
ActivityFunds

Debt Service-Total310$10,000,000
227-West Virginia Development Office-

Division of Tourism

(WV Code Chapter 5B)


Fund 3067 FY 2008 Org 0304

Tourism-Telemarketing Center
463
$
90,000

WV Film Office
498
353,415

Tourism-Advertising (R)
618
3,155,715

Tourism-Unclassified (R)
662
4,268,674

Total
$
7,867,804

Any unexpended balances remaining in the appropriations for Capitol Complex-Capital Outlay (fund 3067, activity 417), Tourism-Advertising (fund 3067, activity 618), Tourism-Unclassified (fund 3067, activity 662), Tourism-Unclassified-Lottery Surplus (fund 3067, activity 773), and Tourism-Special Projects (fund 3067, activity 859) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
228-Division of Natural Resources

(WV Code Chapter 20)


Fund 3267 FY 2008 Org 0310

Gypsy Moth Suppression
Program for State Parks (R)
017
$
42,997

Unclassified (R)
099
2,199,770

Pricketts Fort State Park
324
120,000

Non-Game Wildlife (R)
527
427,249

State Parks and
Recreation Advertising (R)
619
588,206

Total
$
3,378,222

Any unexpended balances remaining in the appropriations for Gypsy Moth Suppression Program for State Parks (fund 3267, activity 017), Unclassified (fund 3267, activity 099), Capital Outlay-Parks (fund 326, activity 288), Non-Game Wildlife (fund 3267, activity 527), State Parks and Recreation Advertising (fund 3267, activity 619), West Virginia Stream Partners Program (fund 3267, activity 637), and State Parks-Special Projects (fund 3267, activity 860) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
229-State Department of Education

(WV Code Chapters 18 and 18A)


Fund 3951 FY 2008 Org 0402

Unclassified
099
$
4,000,000

Technology Infrastructure Network (R)
35120,588,658

READS Program
365
300,000

MATH Program368400,000
FBI Checks
372
105,638

Vocational Education
Equipment Replacement
393
819,750

Assessment Program (R)
396
6,438,568

Total$32,652,614
Any unexpended balances remaining in the appropriations for Technology Infrastructure Network (fund 3951, activity 351), Assessment Program (fund 3951, activity 396), Technology Demonstration Project (fund 3951, activity 639), and Computer Study (fund 3951, activity 998) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
The above appropriation for Technology Infrastructure Network
shall be expended on the following programs and technology: Computer Basic Skills, S.U.C.C.E.S.S., WVEIS, Technology Repair and Modernization, Technology and Telecommunications Initiative and other programs in the field that will benefit the Counties.
230-State Department of Education-

School Building Authority-

Debt Service Fund

(WV Code Chapter 18)


Fund 3963 FY 2008 Org 0402

Debt Service-Total310$18,000,000
231-Department of Education and the Arts-

Office of the Secretary-

Control Account-

Lottery Education Fund

(WV Code Chapter 5F)

Fund 3508 FY 2008 Org 0431

Unclassified (R)
099
$
120,000

WV Humanities Council
168
400,000

Commission for National and
Community Service
193
410,050

Arts Programs (R)
500
80,000

College Readiness (R)
579
200,450

Challenger Learning Center
862
60,000

Statewide STEM 21st Century Academy
897
80,000

Literacy Project (R)
899
50,000

Special Olympic Games
966
25,000

Total
$1,425,500

Any unexpended balances remaining in the appropriations for Unclassified (fund 3508, activity 099), Arts Programs (fund 3508, activity 500), College Readiness (fund 3508, activity 579), and Literacy Project (fund 3508, activity 899) at the close of fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
232-Division of Culture and History-

Lottery Education Fund

(WV Code Chapter 29)

Fund 3534 FY 2008 Org 0432

Huntington Symphony
027
$
100,000

Martin Luther King, Jr.
Holiday Celebration
03110,800

Fairs and Festivals1222,550,000
Archeological Curation/Capital
Improvements (R)
24650,344

Historic Preservation Grants (R)311450,900
West Virginia Public Theater
312
200,000

Tri-County Fair Association
343
125,000

George Tyler Moore Center for the
Study of the Civil War
397
60,000

Theater Arts of West Virginia
464
400,000

Marshall Artists Series
518
60,000

Grants for Competitive Arts Program (R)
624
810,000

West Virginia State Fair
657
50,000

Contemporary American Theater Festival
811
100,000

Independence Hall812
50,000

Mountain State Forest Festival
864
70,000

WV Symphony
907
100,000

Wheeling Symphony
908
100,000

Appalachian Children's Chorus
916
100,000

Total$5,287,144
Any unexpended balances remaining in the appropriations for Archeological Curation/Capital Improvements (fund 3534, activity 246), Historic Preservation Grants (fund 3534, activity 311), Capital Outlay, Repairs and Equipment (fund 3534, activity 589), Grants for Competitive Arts Program (fund 3534, activity 624), and Project ACCESS (fund 3534, activity 865) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
Any Fairs & Festival awards shall be funded in addition to, and not in lieu of, individual grant allocations derived from the Arts Council and the Cultural Grant Program allocations.
Included in the above appropriation for Fairs and Festivals (fund 3534, activity 122) funding shall be provided to the African-American Cultural Heritage Festival 5,000, African-American Heritage Family Tree Museum 4,500, African-American Jublilee (Ohio) 5,500, Alderson 4th of July Celebration (Greenbrier) 3,000, Allegheny Echo (Pocahontas) 7,500, Alpine Festival/Leaf Peepers Festival (Tucker) 11,250, American Legion Post 8, Veterans Day Parade 2,000, Angus Beef and Cattle Show (Lewis) 1,500, Annual Labor Day Observance (Randolph) 2,000, Annual Law Enforcement Day (Lewis) 2,000, Apollo Theater - Summer Program (Berkeley) 2,000, Appalachian Autumn Festival (Braxton) 3,500, Appalachian Mountain Bike Race (Calhoun) 1,500, Apple Butter Festival (Morgan) 6,000, Aracoma Story (Logan) 50,000, Arkansaw Homemaker's Heritage Weekend (Hardy) 3,500, Armed Forces Day-South Charleston 3,000, Arthurdale Heritage New Deal Festival (Preston) 5,000, Arts Monongahela (Monongalia) 20,000, Athens Town Fair (Mercer) 2,000, Augusta Fair (Randolph) 5,000, Barbour County Arts & Humanities Council 1,500, Barbour County Fair 10,000, Barboursville Octoberfest (Cabell) 5,000, Bass Festival (Pleasants) 1,850, Battelle District Fair (Monongalia) 5,000, Battle of Dry Creek (Greenbrier) 1,500, Battle of Point Pleasant Memorial Committee 5,000, Beckley Main Street (Raleigh) 5,000, Belington VFD Community Fair (Barbour) 1,750, Belle Boyd House (Berkeley) 2,000, Belle Town Fair (Kanawha) 4,500, Bergoo Down Home Days (Webster) 2,500, Berkeley County Youth Fair 3,500, Birch River Days Festival (Nicholas) 2,000, Black Bear 40K Mountain Bike Race 1,000, Black Heritage Festival (Harrison) 4,000, Black Walnut Festival (Roane) 10,000, Blue-Gray Reunion (Barbour) 3,500, Boone County Fair 6,500, Boone County Labor Day Celebration 4,000, Bradshaw Fall Festival (McDowell) 2,000, Bramwell Street Fair (Mercer) 1,500, Braxton County Arts and Crafts Fair 500, Braxton County Fairs and Festivals Association 10,000, Braxton County Homecoming 500, Brooke County Fair 2,500, Bruceton Mills Good Neighbor Days (Preston) 2,000, Buckwheat Festival (Preston) 8,500, Buffalo 4th of July Celebration (Putnam) 500, Buffalo Creek Memorial (Logan) 5,000, Burlington Apple Harvest Festival (Mineral) 30,000, Cabell County Fair 10,000, Cabwaylingo Forest Foundation (Wayne) 1,500, Calhoun County Wood Festival 2,000, Cape Coalwood Festival Association (McDowell) 2,500, Capon Bridge Annual VFD Celebration (Hampshire) 1,000, Capon Springs Ruritan 4th of July (Hampshire) 1,000, Carnegie Hall, Inc. (Greenbrier) 70,000, Cass Homecoming (Pocahontas) 2,000, Cedarville Town Festival (Braxton) 500, Celebration in the Park (Wood) 4,000, Celebration of America (Monongalia) 6,000, Ceredo Historical Society (Wayne) 2,000, Ceredo Landmark Commission (Wayne) 1,500, Ceredo-Kenova Railroad Museum (Wayne) 2,000, Chapmanville Apple Butter Festival (Logan) 1,000, Chapmanville Fire Department 4th of July 3,000, Charles Town Christmas Festival 5,000, Charles Town Heritage Festival 5,000, Charles Town Summer Sampler (Jefferson) 1,000, Charleston Area Alliance River Lights Project (Kanawha) 10,000, Charleston Sternwheel Regatta 20,000, Cherry River Festival (Nicholas) 6,500, Chester Fireworks (Hancock) 1,500, Chief Logan State Park-Civil War Celebration 8,000, Christmas in Shepherdstown (Jefferson) 4,000, Christmas in the Park (Logan) 25,000, City of of Chester 100th Anniversary Celebration 5,000, City of Dunbar Critter Dinner 10,000, City of Pleasant Valley Celebration (Marion) 2,500, Civil War Horse Cavalry Race (Barbour) 1,000, Clay Co. Agriculture Youth Fair 1,500, Clay County Golden Delicious Festival 5,000, Coal Field Jamboree (Logan) 35,000, Coalton Days Fair (Randolph) 7,000, Collis P. Huntington Railroad Historical Society 10,000, Country Music Hall Fame (Kanawha) 3,000, Country Roads Festival (Fayette) 2,000, Cowen Railroad Festival (Webster) 3,500, Craigsville Fall Festival 3,500, Cross Lanes Annual Festival (Kanwaha) 8,000, Delbarton Homecoming (Mingo) 2,000, Doddridge County Fair 5,200, Dunlow Fall Festival 2,000, Durbin Days (Pocahontas) 5,000, Elbert/Filbert Reunion Festival (McDowell) 1,500, Elizabethtown Festival (Marshall) 4,000, Ellenboro Glass Festival (Ritchie) 3,000, Fairview 4th of July Celebration (Marion) 1,000, Farm Safety Day (Preston) 2,000, Fayette American Legion 4th of July 1,000, Fellowsville Firemen's Festival (Preston) 1,000, FestivALL Charleston 20,000, First Stage Children's Theater Company (Cabell) 1,000, Flanagan Murrell House (Summers) 10,000, Flatwood Days (Braxton) 1,000, Flemington Day Fair and Festival (Taylor) 3,500, Follansbee Community Days (Brooke) 7,250, Fort Ashby Fort (Mineral) 1,500, Fort Gay Mountain Heritage Days (Wayne) 5,000, Fort New Salem (Harrison) 3,700, Fort Randolph (Mason) 5,000, Frankford Autumnfest (Greenbrier) 3,000, Franklin Fishing Derby (Greenbrier) 7,500, Friends Auxiliary of W.R. Sharpe Hospital 5,000, Frontier Fest/Canaan Valley (Taylor County) 5,000, Fund for the Arts- Wine & All that Jazz Festival 2,500, Gassaway Days Celebration (Braxton) 5,000, General Adam Stephen Memorial Foundation 18,525, Gilbert Kiwanis Harvest Festival 2,000, Gilbert Spring Fling (Mingo) 3,000, Gilmer County Farm Show 3,500, Grafton Mother's Day Shrine Committee (Taylor) 7,500, Grafton Railroad Festival (Taylor) 1,000, Grant County Arts Council 2,000, Grape Stomping Wine Festival (Nicholas) 2,000, Greater Quinwood Days (Greenbrier) 2,000, Green Spring Days (Hampshire) 1,000, Greenbrier Valley Theater 50,000, Guyandotte Civil War Days (Cabell) 10,000, Hamlin 4th of July Celebration (Lincoln) 3,500, Hampshire Civil War Celebration Days 1,000, Hampshire County Fair 6,000, Hampshire County French & Indian War Celebration 1,000, Hampshire Herbs & Arts Festival 1,000, Hampshire Heritage Days 3,000, Hardy County Commission - 4th of July 10,000, Hardy County Tour and Crafts Association 20,000, Harts Community Celebration (Lincoln) 1,000, Hatfield McCoy Trail National ATV and Dirt Bike Weekend (Mingo) 5,000, Heritage Craft Center of the Eastern Panhandle 7,000, Heritage Craft Festival (Monroe) 1,000, Heritage Days Festival(Roane) 1,500, Hicks Festival (Tucker) 2,000, Hilltop Festival (Huntington) 500, Hinton Railroad Days (Summers) 5,500, Historic Fayette Theater (Fayette) 5,500, Historic Middleway Conservancy (Jefferson) 1,000, Holly River Festival (Webster) 1,500, Hundred 4th of July (Wetzel) 7,250, Hundred American Legion Earl Kiger Post Bluegrass Festival (Wetzel) 2,000, Huntington Outdoor Theater (Cabell) 1,000, Huntington Youth and Music Project 5,000, Iaeger Lions Club Annual Golf Show (McDowell) 1,500, Iaeger Town Fair (McDowell) 1,500, Indian Mound Cemetery (Hampshire) 2,000, International Ramp Cook-Off (Randolph) 2,000, Irish Heritage Festival of WV (Raleigh) 5,000, Irish Spring Festival (Lewis) 1,000, Italian Heritage Festival - Clarksburg 25,000, Jacksonburg Homecoming (Wetzel) 1,000, Jane Lew Arts and Crafts Fair (Lewis) 1,000, Jefferson Co. Black History Preservation Society 5,000, Jefferson Co. Historical Landmark Commission 8,000, Jefferson County African American Heritage Festival 5,000, Jefferson County Fair Association 25,000, Jersey Mountain Ruritan Pioneer Days (Hampshire) 1,000, John Henry Days Festival (Monroe) 5,000, Johnstown Community Fair (Harrison) 2,500, Junior Heifer Preview Show (Lewis) 2,000, Kanawha Coal Riverfest - St. Albans July 5,000, Kay Ford Reunion (Kanawha) 2,500, Kenova Fall Festival (Wayne) 5,000, Kermit Fall Festival (Mingo) 3,000, Keyser Old Fashioned 4th of July Celebration 1,000, King Coal Festival (Mingo) 4,000, Kingwood Downtown Street Fair and Heritage Days 2,000, Lady of Agriculture (Preston) 1,000, Lamb and Steer Show 9,000, Larry Joe Harless Center Hatfield McCoy Trail Octoberfest (Mingo) 5,000, Last Blast of Summer (McDowell) 5,000, Laurel Mt. Re-enactment Committee (Barbour) 3,250, Levels VFD Lawn Association (Hampshire) 1,000, Lewis County Fair Association 3,500, Lewisburg Shanghai (Greenbrier) 2,000, Lincoln County Fall Festival 6,000, Lincoln County Winterfest 5,000, Lincoln District Fair (Marion) 2,500, Lindside 4th of July (Monroe) 500, Little Birch Days Celebration (Braxton) 500, Little Levels Heritage Festival 2,000, Logan County Arts and Crafts Fair 4,000, Lost Creek Community Festival 6,000, Maddie Carroll House (Cabell) 7,500, Mannington District Fair (Marion) 6,000, Maple Syrup Festival (Randolph) 1,000, Marion County FFA Farm Fest 2,500, Marmet Annual Labor Day Celebration (Kanawha) 2,000 2,000, Marshall County Antique Power Show 2,500, Marshall County Fair 7,500, Marshall County Historical Society 8,500, Marshall County Riverfront Festival 2,500, Mason County Fair 5,000, Mason Dixon Festival (Monongalia) 7,000, Matewan-Magnolia Fair (Mingo) 10,000, McARTS-McDowell County 20,000, McCoy Theater (Hardy) 20,000, McDowell County Fair 2,500, McGrew House History Day 2,000, McNeill's Rangers (Mineral) 8,000, Meadow Bridge Hometown Festival (Fayette) 1,250, Meadow River Days Festival 3,000, Mercer Bluestone Valley Fair 2,000, Mercer County Fair 2,000, Mineral County Fair 1,750, Mineral County Veterans Day Parade 1,500, Molasses Festival (Calhoun) 2,000, Moncove Lake Festival (Monroe) 2,000, Monroe County Farmer's Day - Union 2,000, Monroe County Harvest Festival 2,000, Morgantown Theater Company 20,000, Mothers' Day Festival (Randolph) 2,500, Moundsville Bass Festival 4,000, Moundsville July 4th Celebration (Marshall) 5,000, Mount Liberty Fall Festival (Barbour) 2,500, Mountain Festival (Mercer) 4,625, Mountain Heritage Arts and Crafts Festival (Jefferson) 5,000, Mountain Music Festival 2,500, Mountain State Apple Harvest Festival (Berkeley) 7,500, Mountain State Arts Crafts Fair Cedar Lakes (Jackson) 5,000, Mountaineer Boys' State (Lewis) 10,000, Mountaineer Hot Air Balloon Festival 4,000, Mud River Festival (Lincoln) 8,000, Mullens Dogwood Festival (Wyoming) 6,000, Multi-Cultural Festival of West Virginia 20,000, Museum in the Community (Putnam) 45,000, Music Hall of Fame (Marion) 5,000, New River Bridge Day Festival (Fayette) 35,000, Newburg Volunteer Fireman's Field Day (Preston) 1,000, Newell Annual Clay Festival (Hancock) 3,000, Nicholas County Potato Festival 3,500, Nicholas Old Main Foundation (Nicholas) 2,000, Norman Dillon Farm Museum (Berkeley) 10,000, North Preston Farmers Club - Civil War Times 1,000, North River Valley Festival (Hampshire) 1,000, Northern Preston Mule Pull and Farmers Days 4,000, Oak Leaf Festival (Fayette) 4,000, Oceana Heritage Festival (Wyoming) 6,000, Oglebay City Park - Festival of Lights (Ohio) 75,000, Oglebay Festival (Ohio) 5,000, Ohio County Fair 8,500, Ohio Valley Beef Asociation (Wood) 2,500, Old Central City Fair (Huntington) 5,000, Old Opera House Theater Company (Jefferson) 15,000, Old Tyme Christmas (Jefferson) 2,400, Paden City Labor Day Festival (Wetzel) 6,500, Panther Fall Festival (McDowell) 4,000, Parkersburg Arts Center 20,000, Parkersburg Homecoming (Wood) 12,000, Patty Fest 2,000, Paw Paw District Fair (Marion) 3,500, Pax Reunion Committee (Fayette) 5,000, Pendleton County 4-H Weekend 2,000, Pendleton County Committee for Arts 15,000, Pendleton County Fair 25,000, Pennsboro Country Road Festival 2,000, Petersburg Fourth of July Celebration 20,000, Petersburg HS Celebration 10,000, Peterstown 4th of July Horse Show (Grant) 1,000, Piedmont-Annual Back Street Festival 4,000, Pinch Reunion (Kanawha) 1,500, Pine Bluff Fall Festival 4,000, Pine Grove 4th of July Festival (Wetzel) 5,000, Pineville Festival (Wyoming) 6,000, Pleasants County Agriculture Youth Fair 5,000, Poca Heritage Days (Putnam) 3,000, Pocahontas County Pioneer Days 7,000, Pocahontas Historic Opera House 6,000, Point Pleasant Artist Series 5,000, Point Pleasant Stern wheel Regatta River 5,000, Potomac Highlands Maple Festival (Grant) 6,000, Princeton Street Fair (Mercer) 5,000, Putnam County Fair 5,000, Quartets on Parade(Wardensville) 4,000, Rainelle Fall Festival 3,000, Raleigh County All Wars Museum 10,000, Randolph County Community Arts Council 3,000, Ranson Christmas Festival 5,000, Ranson Festival 5,000, Ravenswood Octoberfest 5,000, Reedsville VFD Fair (Preston) 2,000, Renick Liberty Festival 1,000, Rhododendron Girls' State (Ohio) 10,000, Riders of the Flood 3,000, Ripley 4th of July (Jackson) 15,000, Ritchie County Fair and Exposition 2,000, Ritchie County Pioneer Days 1,000, Ritter Park Days (Cabell) 3,000, River Heritage Days - Speed Boat Race (Wetzel) 5,000, River Heritage Days Festival (Wetzel) 6,000, Riverfest (Marion) 2,000, Roane Co. 4-H and FFA Youth Livestock Program 5,000, Roane County Agriculture Field Day 3,000, Ronceverte River Festival (Greenbrier) 3,000, Rowlesburg Labor Day Festival (Preston) 1,000, Rupert Country Fling (Greenbrier) 3,000, Salem Apple Butter Festival (Harrison) 4,000, Scottish Heritage Society/N.Central WV Central 5,000, Sistersville 4th of July Fireworks(Wetzel) 5,500, Smoke on the Water (Kanawha) 2,000, Smoke on the Water (Wetzel) 3,000, Soldiers' Memorial Theater (Raleigh) 10,000, Southern WV Veterans' Museum (Summers) 4,500, Spring Fest (Pendleton) 2,500, Spring Mountain Festival (Grant) 4,000, Springfield Peach Festival (Hampshire) 1,200, St. Albans City of Lights - December 5,000, Stoco Reunion (Raleigh) 2,500, Stonewall Jackson Heritage Arts and Crafts 11,000, Storytelling Festival (Lewis) 500, Strawberry Festival (Upshur) 20,000, Summer Fest of Panther (McDowell) 1,500, Summers County Historic Landmark Commission 5,000, Sumner-Ramer Heritage, Inc (Berkeley) 3,000, Sylvester July 4th Celebration (Boone) 2,500, Taylor County Fair 2,500, Terra Alta VFD 4th of July Celebration (Preston) 1,000, Those Who Served War Museum (Mercer) 4,000, Three Rivers Avian Center (Summers) 15,000, Three Rivers Coal Festival (Marion) 7,750, Thunder on the Tygart - Mothers' Day Celebration 15,000, Town of Delbarton 4th of July Celebration 3,000, Town of Matoka - annual Hog Roast 1,000, Treasure Mountain Festival (Pendleton) 25,000, Tri-County Fair (Grant) 15,000, Tucker County Arts Festival and Celebration 18,000, Tucker County Fair 4,750, Tug Valley Arts Council (Mingo) 5,000, Tug Valley Chamber of Commerce Coal House (Mingo) 2,000, Tunnelton Depot Days (Preston) 1,000, Tunnelton Fire Department Carnival (Preston) 750, Tunnelton Historical Society (Preston) 2,000, Turkey Festival (Hardy) 3,000, Tyler County Fair 5,200, Tyler County Fourth of July 500, Uniquely West Virginia Festival (Morgan) 2,000, Upper Ohio Valley Italian Festival (Ohio) 7,000, Upper West Fork Blue Grass Festival (Calhoun) 500, Upshur County Fair 7,000, Valley District Fair- Reedsville (Preston) 3,500, Volcano Days at Mountwood Park (Wood) 5,000, War Homecoming Fall Festival (McDowell) 1,500, Wardensville Fall Festival 5,000, Wayne County Fair 5,000, Wayne County Fall Festival 5,000, Webb Chapel Cemetery Association Event (Preston) 2,000, Webster County Woodchopping Festival 4,500, Webster Wild Water Weekend 2,000, Weirton July 4th Celebration (Hancock) 3,000, Wellsburg 4th of July Celebration (Brooke) 6,500, Wellsburg Apple Festival of Brooke County 5,000, West Virginia Autumn Festival (Burnsville) 2,500, West Virginia Blackberry Festival 5,000, West Virginia Coal Festival (Boone) 7,000, West Virginia Dairy Cattle Show Jackson's Mill 10,000, West Virginia Days - Hinton (Summers) 2,000, West Virginia Fair and Exposition (Wood) 8,100, West Virginia Fireman's Rodeo (Fayette) 2,500, West Virginia Highland Games & Celtic Festival 3,000, West Virginia Honey Festival (Wood) 2,000, West Virginia Museum of Glass (Lewis) 5,000, West Virginia Oil and Gas Festival (Tyler) 11,000, West Virginia Polled Hereford Assoc. 1,500, West Virginia Poultry Festival (Hardy) 5,000, West Virginia Pumpkin Festival(Cabell) 5,000, West Virginia Roundhouse Rail Days (Berkeley) 25,000, West Virginia State Folk Festival 4,500, West Virginia Water Festival - City of Hinton 16,000, West Virginia Wine & Jazz Festival (Monongalia) 9,000, West Virginia Wine and Arts Festival (Berkeley) 5,000, Weston Carp Festival & Fishing Tournament 4,000, Weston VFD 4th of July Firemen Festival (Lewis) 2,000, Wetzel County Autumnfest 5,500, Wetzel County Town and Country Days 17,000, Wheeling Celtic Festival (Ohio) 2,000, Wheeling City of Lights 8,000, Wheeling Sterwheel Regatta 10,000, Wheeling Vintage Raceboat Regatta (Ohio) 20,000, Whipple Community Action (Fayette) 2,500, Whitesville - Big Coal River Festival (Boone) 4,000, Widen Days Festival (Calhoun) 2,000, Wileyville Homecoming (Wetzel) 4,000, Wine Festival and Mountain Music Event (Harrison) 5,000, Winter Festival of the Waters (Berkeley) 5,000, Wirt County Fair 2,500, Wirt County Pioneer Days 2,000, WV Strawberry Festival (horse pull) 2,500, YMCA Camp Horseshoe 100,000, Youth Museum of Southern WV (Raleigh) 12,000, Youth Stockman Beef Expo. (Lewis) 2,000, and Z.D. Ramsdell House (Wayne) 4,500

233-Library Commission-

Lottery Education Fund

(WV Code Chapter 10)

Fund 3559 FY 2008 Org 0433

Books and Films
179
$
500,000

Services to Libraries
180
500,000

Grants to Public Libraries182
7,348,884

Digital Resources
309
219,992

Libraries-Special Projects
625
800,000

Infomine Network884
1,152,984

Total$10,521,860
234-Bureau of Senior Services-

Lottery Senior Citizens Fund

(WV Code Chapter 29)


Fund 5405 FY 2008 Org 0508

Personal Services001$133,029
Annual Increment
004
2,600

Employee Benefits
010
58,773

Unclassified099
348,881

Local Programs Service Delivery Costs200
2,475,250

Silver Haired Legislature202
15,000

Area Agencies Administration 203
78,685

Senior Citizen Centers and Programs (R) 462
2,600,000

Transfer to Division of Human Services
for Health Care and Title XIX Waiver
for Senior Citizens53923,822,578
Roger Tompkins Alzheimers Respite Care
643
1,795,000

Regional Aged and Disabled
Resource Center
767
1,000,000

Senior Services Medicaid Transfer871
10,300,000

Legislative Initiatives for the Elderly904
10,000,000

Long Term Care Ombudsman
905
321,325

BRIM Premium
913
7,243

In-Home Services and Nutrition
for Senior Citizens917
5,700,000

Total$58,658,364
Any unexpended balance remaining in the appropriation for Senior Citizen Centers and Programs (fund 5405, activity 462) at the close of the fiscal year 2007 is hereby reappropriated for expenditure during the fiscal year 2008.
The above appropriation for Transfer to Division of Human Services for Health Care and Title XIX Waiver for Senior Citizens along with the federal moneys generated thereby shall be used for reimbursement for services provided under the program. Further, the program shall be preserved within the aggregate of these funds.
235-Higher Education Policy Commission-

Lottery Education-

Higher Education Policy Commission-

Control Account

(WV Code Chapters 18B and 18C)


Fund 4925 FY 2008 Org 0441

Marshall Medical School-
RHI Program and Site Support (R)
033
$444,678

WVU Health Sciences
RHI Program and Site Support (R)
035
1,215,640

RHI Program and Site Support-
District Consortia (R)
036
2,410,172

RHI Program and Site Support-
RHEP Program Administration (R)
037
183,058

RHI Program and Site Support-
Grad Med Ed and Fiscal Oversight (R)
038
100,287

Higher Education Grant Program (R)
164
7,318,791

Tuition Contract Program (R)
165
1,020,404

Minority Doctoral Fellowship (R)
166
150,000

Underwood-Smith Scholarship
Program-Student Awards (R)
167
141,142

School of Osteopathic Medicine (R)
172
0

Health Sciences Scholarship (R)
176
149,217

School of Osteopathic Medicine BRIM
Subsidy (R)
403
169,396

Rural Health Initiative-Medical Schools
Support (R)
581
463,862

Vice Chancellor for Health Sciences-
Rural Health Residency Program (R)
601
263,596

MA Public Health Program and
Health Science Technology (R)
623
58,569

Marshall University Graduate
College Writing Project (R)
807
25,000

HEAPS Grant Program (R)
867
5,001,133

WV Engineering, Science, and
Technology Scholarship Program (R)
868
470,473

Health Sciences Career
Opportunities Program (R)
869
367,000

HSTA Program (R)
870
1,034,711

Center for Excellence in Disabilities (R)
967
225,000

WV Autism Training Center

At Marshall
1,045,597

Area Health Education Centers
250,000

Total
$
22,507,726

Any unexpended balances remaining in the appropriations at the close of fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
The above appropriation for Higher Education Grant Program (activity 164) shall be transferred to the Higher Education Grant Fund (fund 4933, org 0441) established by chapter eighteen-c, article five, section three.
The above appropriation for Underwood-Smith Scholarship Program-Student Awards (activity 167) shall be transferred to the Underwood-Smith Teacher Scholarship Fund (fund 4922, org 0441) established by chapter eighteen-c, article four, section one.
The above appropriation for WV Engineering, Science, and Technology Scholarship Program (activity 868) shall be transferred to the West Virginia Engineering, Science and Technology Scholarship Fund (fund 4928, org 0441) established by chapter 18-c, article six, section one.
Total TITLE II, Section 4-Lottery Revenue$
170,299,234

Sec. 5. Appropriations from state excess lottery revenue fund.- In accordance with section eighteen-a, article twenty-two, chapter twenty nine of the code, the following appropriations shall be deposited and disbursed by the director of the lottery to the following accounts in this section in the amounts indicated.
236-Lottery Commission-

Refundable Credit

Fund 7207 FY 2008 Org 0705

Lottery
ActivityFunds
Unclassified-Total-Transfer
402
$
8,600,000

The above appropriation for Unclassified-Total-Transfer (activity 402) shall be transferred to the General Revenue Fund to provide reimbursement for the refundable credit allowable under chapter eleven, article twenty-one, section twenty-one of the code. The amount of the required transfer shall be determined solely by the state tax commissioner and shall be completed by the director of the lottery upon the commissioner's request.
237-Lottery Commission-

General Purpose Account


Fund 7206 FY 2008 Org 0705

Unclassified-Total-Transfer402$65,000,000
The above appropriation for Unclassified-Total-Transfer (activity 402) shall be transferred to the General Revenue Fund as determined by the director of the lottery.
238-Education Improvement Fund


Fund 4295 FY 2008 Org 0441

Unclassified-Total-Transfer402$27,000,000
The above appropriation for Unclassified-Total-Transfer (activity 402) shall be transferred to the PROMISE Scholarship Fund (fund 4296, org 0441) established by chapter eighteen-c, article seven, section seven.
The Legislature has explicitly set a finite amount of available appropriations and directed the administrators of the Program to provide for the award of scholarships within the limits of available appropriations.
239-Economic Development Authority-

Economic Development Project Fund

Fund 9065 FY 2008 Org 0944

Debt Service-Total310$19,000,000
Pursuant to subsection (f), section eighteen-a, article twenty-two, chapter twenty-nine of the code, excess lottery revenues are authorized to be transferred to the lottery fund as reimbursement of amounts transferred to the economic development project fund pursuant to section four of this title and subsection (f), section eighteen, article twenty-two, chapter twenty-nine of the code.
240-School Building Authority


Fund 3514 FY 2008 Org 0402

Unclassified-Total-Transfer402$19,000,000
241-West Virginia Infrastructure Council


Fund 3390 FY 2008 Org 0316

Unclassified-Total-Transfer402$40,000,000
The above appropriation for Unclassified-Total-Transfer (activity 402) shall be transferred to the West Virginia Infrastructure Fund (fund 3384, org 0316) created by chapter thirty-one, article fifteen-a, section nine of the code.
242-Higher Education Improvement Fund

Fund 4297 FY 2008 Org 0441

Unclassified-Total
096$10,000,000

243-State Park Improvement Fund

Fund 3277 FY 2008 Org 0310

Unclassified-Total (R)
096$5,000,000

Any unexpended balance remaining in the appropriation at the close of the fiscal year 2007 is hereby reappropriated for expenditure during the fiscal year 2008.
244-Lottery Commission-

Excess Lottery Revenue Fund Surplus

Fund 7208 FY 2008 Org 0705

Capitol Complex-Capital Outlay
417
$
20,000,000

Unclassified-Transfer
482
12,900,000

Total
$
32,900,000

The above appropriation for Unclassified-Transfer (activity 482) shall be transferred to the General Revenue Fund only after all funding required by chapter twenty-nine, article twenty-two, section eighteen-a of the code has been satisfied as determined by the director of the lottery.
The above appropriation for Capitol Complex-Capital Outlay (fund 7208, activity 417) shall be transferred to the Capitol Dome and Capital Improvements Fund (fund 2257) only after all funding required by chapter twenty-nine, article twenty-two, section eighteen-a of the code and the transfer to the General Revenue Fund (fund 7208, org 0705, activity 482) has been satisfied as determined by the director of the lottery.
Should the actual revenues accruing to the total Excess Lottery Fund be insufficient to fully fund all appropriations, the appropriation to the Capitol Complex-Capital Outlay (activity 417) shall be reduced to the extent funds are available and the appropriation made in the reduced amount and thereafter transferred to the Capitol Dome and Capital Improvement Fund (fund 2257).
245-Joint Expenses

(WV Code Chapter 4)

Fund 1736 FY 2008 Org 2300

Any unexpended balance remaining in the appropriation for Tax Reduction and Federal Funding Increased Compliance (TRAFFIC)-Lottery Surplus (fund 1736, activity 929) at the close of the fiscal year 2007 is hereby reappropriated for expenditure during the fiscal year 2008.
246-Governor's Office

(WV Code Chapter 5)

Fund 1046 FY 2008 Org 0100

Any unexpended balance remaining in the appropriation for Publication of Papers and Transition Expenses-Lottery Surplus (fund 1046, activity 066) at the close of the fiscal year 2007 is hereby reappropriated for expenditure during the fiscal year 2008.
247-Office of Technology

(WV Code Chapter 5A)

Fund 2532 FY 2008 Org 0231

Any unexpended balances remaining in the appropriations for Network Monitoring-Lottery Surplus (fund 2532, activity 919) and Unclassified-Lottery Surplus (fund 2532, activity 928) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
248-West Virginia Development Office

(WV Code Chapter 5B)

Fund 3170 FY 2008 Org 0307

Any unexpended balance remaining in the appropriation for Connectivity Research and Development-Lottery Surplus (fund 3170, activity 923) at the close of the fiscal year 2007 is hereby reappropriated for expenditure during the fiscal year 2008.
The above appropriation to Connectivity Research and Development-Lottery Surplus shall be used by the West Virginia Development Office for the coordinated development of technical infrastructure in areas where expanded resources and technical infrastructure may be expected or required pursuant to the provisions of 5a-6-4 of the code.
249-Division of Health-

Central Office

(WV Code Chapter 16)

Fund 5219 FY 2008 Org 0506

Any unexpended balance remaining in the appropriation for Chief Medical Examiner-Capital Improvements-Lottery Surplus (fund 5219, activity 051) at the close of the fiscal year 2007 is hereby reappropriated for expenditure during the fiscal year 2008.
250-West Virginia State Police

(WV Code Chapter 15)

Fund 6394 FY 2008 Org 0612

Any unexpended balance remaining in the appropriation for Helicopter Purchase (fund 6394, activity 063) at the close of fiscal year 2007 is hereby reappropriated for expenditure during the fiscal year 2008.
251-Tax Divisi

(WV Code Chapter 11)

Fund 7082 FY 2008 Org 0702

Any unexpended balance remaining in the appropriation for Remittance Processor-Lottery Surplus (fund 7082, activity 054) at the close of the fiscal year 2007 is hereby reappropriated for expenditure during the fiscal year 2008.
Total TITLE II, Section 5-Excess Lottery Funds
$
226,500,000

Sec. 6. Appropriations of federal funds.-In accordance with article eleven, chapter four of the code, from federal funds there are hereby appropriated conditionally upon the fulfillment of the provisions set forth in article two, eleven-b of the code the following amounts, as itemized, for expenditure during the fiscal year two thousand eight.
LEGISLATIVE

252-Crime Victims Compensation Fund

(WV Code Chapter 14)


Fund 8738 FY 2008 Org 2300

Federal
ActivityFunds
Unclassified-Total096$1,314,969
JUDICIAL

253-Supreme Court


Fund 8867 FY 2008 Org 2400

Unclassified-Total096$1,000,000
EXECUTIVE

254-Governor's Office-


Office of Economic Opportunity

(WV Code Chapter 5)


Fund 8797 FY 2008 Org 0100

Unclassified-Total096$32,250,000
255-Governor's Office-

Commission for National and Community Service

(WV Code Chapter 5)

Fund 8800 FY 2008 Org 0100

Unclassified-Total096$5,662,509
256-Auditor's Office-

National White Collar Crime Center

(WV Code Chapter 12)


Fund 8807 FY 2008 Org 1200

Unclassified-Total096$14,002,367
257-Department of Agriculture

(WV Code Chapter 19)


Fund 8736 FY 2008 Org 1400

Unclassified-Total096$4,262,367
258-Department of Agriculture-

Meat Inspection

(WV Code Chapter 19)


Fund 8737 FY 2008 Org 1400

Unclassified-Total096$839,565
259-Department of Agriculture-

State Conservation Committee

(WV Code Chapter 19)

Fund 8783 FY 2008 Org 1400

Unclassified-Total
096
$1,814,314

260-Secretary of State-

State Election Fund

(WV Code Chapter 3)

Fund 8854 FY 2008 Org 1600

Unclassified-Total
096
$830,000

DEPARTMENT OF ADMINISTRATION

261-West Virginia Prosecuting Attorney's Institute

(WV Code Chapter 7)

Fund 8834 FY 2008 Org 0228

Unclassified-Total
096$77,700

262-Children's Health Insurance Agency

(WV Code Chapter 5)

Fund 8838 FY 2008 Org 0230

Unclassified-Total
096
$37,928,099

DEPARTMENT OF COMMERCE

263-Division of Forestry

(WV Code Chapter 19)


Fund 8703 FY 2008 Org 0305

Unclassified-Total096$ 4,145,804
264-Geological and Economic Survey

(WV Code Chapter 29)


Fund 8704 FY 2008 Org 0306

Unclassified-Total096$ 485,000
265-West Virginia Development Office

(WV Code Chapter 5B)


Fund 8705 FY 2008 Org 0307

Unclassified-Total096$ 10,639,627
266-Division of Labor

(WV Code Chapters 21 and 47)


Fund 8706 FY 2008 Org 0308

Unclassified-Total096$ 548,675
267-Division of Natural Resources

(WV Code Chapter 20)


Fund 8707 FY 2008 Org 0310

Unclassified-Total096$ 8,530,288
268-Division of Miners' Health,

Safety and Training

(WV Code Chapter 22)


Fund 8709 FY 2008 Org 0314

Unclassified-Total096$ 740,357
269-Bureau of Employment Programs

(WV Code Chapter 23)

Fund 8835 FY 2008 Org 0323

Unclassified099$ 512,657
Reed Act 2002-Unemployment Compensation6222,850,000
Reed Act 2002-Employment Services
630
1,650,000

Total
$5,012,657

Pursuant to the requirements of 42 U.S.C. 1103, Section 903 of the Social Security Act, as amended, and the provisions of section nine, article nine, chapter twenty-one-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, the above appropriation to Unclassified shall be used by the bureau of employment programs for the specific purpose of administration of the state's unemployment insurance program or job service activities, subject to each and every restriction, limitation or obligation imposed on the use of the funds by those federal and state statutes.
DEPARTMENT OF EDUCATION

270-State Department of Education

(WV Code Chapters 18 and 18A)


Fund 8712 FY 2008 Org 0402

Unclassified-Total096$ 255,000,000
271-State Department of Education-

School Lunch Program

(WV Code Chapters 18 and 18A)


Fund 8713 FY 2008 Org 0402

Unclassified-Total
096
$106,000,000

272-State Board of Education-

Vocational Division

(WV Code Chapters 18 and 18A)


Fund 8714 FY 2008 Org 0402

Unclassified-Total
096$16,500,000

273-State Department of Education-

Aid for Exceptional Children

(WV Code Chapters 18 and 18A)


Fund 8715 FY 2008 Org 0402

Unclassified-Total
096$107,000,000

DEPARTMENT OF EDUCATION AND THE ARTS

274-Department of Education and the Arts-

Office of the Secretary

(WV Code Chapter 5F)


Fund 8841 FY 2008 Org 0431

Unclassified-Total
096$325,000

275-Division of Culture and History

(WV Code Chapter 29)


Fund 8718 FY 2008 Org 0432

Unclassified-Total
096
$1,383,793

276-Library Commission

(WV Code Chapter 10)


Fund 8720 FY 2008 Org 0433

Unclassified-Total096$ 1,939,018
277-Educational Broadcasting Authority

(WV Code Chapter 10)

Fund 8721 FY 2008 Org 0439

Unclassified-Total
096
$1,500,000

278-State Board of Rehabilitation-

Division of Rehabilitation Services

(WV Code Chapter 18)


Fund 8734 FY 2008 Org 0932

Unclassified-Total096$ 26,818,444
279-State Board of Rehabilitation-

Division of Rehabilitation Services-

Disability Determination Services

(WV Code Chapter 18)


Fund 8890 FY 2008 Org 0932

Unclassified-Total
096
$21,500,000

DEPARTMENT OF ENVIRONMENTAL PROTECTION

280-Division of Environmental Protection

(WV Code Chapter 22)


Fund 8708 FY 2008 Org 0313

Unclassified-Total096$ 138,144,779
DEPARTMENT OF HEALTH AND HUMAN RESOURCES

281-Consolidated Medical Service Fund

(WV Code Chapter 16)

Fund 8723 FY 2008 Org 0506

Unclassified-Total096$ 7,314,114
282-Division of Health-

Central Office

(WV Code Chapter 16)

Fund 8802 FY 2008 Org 0506

Unclassified-Total096$ 86,036,046
283-Division of Health-

West Virginia Safe Drinking Water Treatment

(WV Code Chapter 16)

Fund 8824 FY 2008 Org 0506

Unclassified-Total096$ 16,000,000
284-West Virginia Health Care Authority

(WV Code Chapter 16)

Fund 8851 FY 2008 Org 0507

Unclassified-Total096$ 50,000
285-Human Rights Commission

(WV Code Chapter 5)


Fund 8725 FY 2008 Org 0510

Unclassified-Total096$ 520,038
286-Division of Human Services

(WV Code Chapters 9, 48 and 49)


Fund 8722 FY 2008 Org 0511

Unclassified
099
$152,532,835

Medical Services
189
1,826,784,280

Medical Services Administrative Costs
789
33,155,033

Total
$2,012,472,148

DEPARTMENT OF MILITARY AFFAIRS

AND PUBLIC SAFETY

287-Office of the Secretary

(WV Code Chapter 5F)


Fund 8876 FY 2008 Org 0601

Unclassified-Total096$ 20,000,000
288-Adjutant General-State Militia

(WV Code Chapter 15)


Fund 8726 FY 2008 Org 0603

Unclassified-Total096$ 95,915,322
289-Division of Homeland Security and

Emergency Management

(WV Code Chapter 15)


Fund 8727 FY 2008 Org 0606

Unclassified-Total
096$32,052,679

290-Division of Corrections

(WV Code Chapters 25, 28, 49 and 62)

Fund 8836 FY 2008 Org 0608

Unclassified-Total
096
$650,000

291-West Virginia State Police

(WV Code Chapter 15)


Fund 8741 FY 2008 Org 0612

Unclassified-Total096$ 969,006
292-Division of Veterans' Affairs

(WV Code Chapter 9A)


Fund 8858 FY 2008 Org 0613

Unclassified-Total096$ 2,750,000
293-Division of Veterans' Affairs-

Veterans' Home

(WV Code Chapter 9A)


Fund 8728 FY 2008 Org 0618

Unclassified-Total096$ 1,766,228
294-Division of Criminal Justice Services

(WV Code Chapter 15)


Fund 8803 FY 2008 Org 0620

Unclassified-Total096$ 14,081,119
295-Division of Juvenile Services

(WV Code Chapter 49)


Fund 8855 FY 2008 Org 0621

Unclassified-Total096$ 607,624
DEPARTMENT OF REVENUE

296-Insurance Commissioner

(WV Code Chapter 33)


Fund 8883 FY 2008 Org 0704

Unclassified-Total096$ 650,000
DEPARTMENT OF TRANSPORTATION

297-Division of Motor Vehicles

(WV Code Chapter 17B)


Fund 8787 FY 2008 Org 0802

Unclassified-Total096$ 12,160,606
298-Division of Public Transit

(WV Code Chapter 17)

Fund 8745 FY 2008 Org 0805

Unclassified-Total096$ 16,365,341
299-Public Port Authority

(WV Code Chapter 17)

Fund 8830 FY 2008 Org 0806

Unclassified-Total096$ 100,000
BUREAU OF SENIOR SERVICES

300-Bureau of Senior Services

(WV Code Chapter 29)


Fund 8724 FY 2008 Org 0508

Unclassified-Total096$ 14,000,000
MISCELLANEOUS BOARDS AND COMMISSIONS

301-Public Service Commission-

Motor Carrier Division

(WV Code Chapter 24A)


Fund 8743 FY 2008 Org 0926

Unclassified-Total096$ 1,538,245
302-Public Service Commission-

Gas Pipeline Division

(WV Code Chapter 24B)


Fund 8744 FY 2008 Org 0926

Unclassified-Total
096$275,704


303-WV Statewide Addressing and Mapping Board

(WV Code Chapter 24E)

Fund 8868 FY 2008 Org 0940

Unclassified-Total096$ 100,000
304-National Coal Heritage Area Authority

(WV Code Chapter 29)


Fund 8869 FY 2008 Org 0941

Unclassified-Total
096$600,000


305-Coal Heritage Highway Authority

(WV Code Chapter 29)


Fund 8861 FY 2008 Org 0942

Unclassified-Total096$ 50,000
Total TITLE II, Section 6-Federal Funds
$ 3,143,219,552

Sec. 7. Appropriations from federal block grants.-The following items are hereby appropriated from federal block grants to be available for expenditure during the fiscal year 2008.
306-Governor's Office-

Office of Economic Opportunity

Community Services


Fund 8799 FY 2008 Org 0100

Unclassified-Total096$ 9,507,444
307-West Virginia Development Office-

Community Development


Fund 8746 FY 2008 Org 0307

Unclassified-Total096$ 28,340,316
308-Governor's

Workforce Investment Office


Fund 8888 FY 2008 Org 0331

Unclassified-Total096$ 39,733,496
309-Division of Health-

Maternal and Child Health


Fund 8750 FY 2008 Org 0506

Unclassified-Total096$ 10,944,362
310-Division of Health-

Preventive Health


Fund 8753 FY 2008 Org 0506

Unclassified-Total096$ 2,244,387
311-Division of Health-

Substance Abuse Prevention and Treatment


Fund 8793 FY 2008 Org 0506

Unclassified-Total096$ 11,575,501
312-Division of Health-

Community Mental Health Services


Fund 8794 FY 2008 Org 0506

Unclassified-Total096$ 3,332,225
313-Division of Health-

Abstinence Education Program


Fund 8825 FY 2008 Org 0506

Unclassified-Total096$ 978,261
314-Division of Human Services-

Energy Assistance


Fund 8755 FY 2008 Org 0511

Unclassified-Total096$ 25,000,000
315-Division of Human Services-

Social Services


Fund 8757 FY 2008 Org 0511

Unclassified-Total096$ 15,340,326
316-Division of Human Services-

Temporary Assistance Needy Families

Fund 8816 FY 2008 Org 0511

Unclassified-Total096 $ 130,000,000
317-Division of Human Services-

Child Care and Development

Fund 8817 FY 2008 Org 0511

Unclassified-Total096$ 40,023,926
318-Division of Criminal Justice Services-

Juvenile Accountability Incentive

Fund 8829 FY 2008 Org 0620

Unclassified-Total096$ 500,000
Total TITLE II, Section 7-Federal Block Grants
$
317,520,244

Sec. 8. Awards for claims against the state.-There are hereby appropriated for fiscal year 2008, from the fund as designated, in the amounts as specified, general revenue funds in the amount of $1,777,044 special revenue funds in the amount of $45,470 and state road funds in the amount of $634,324 for payment of claims against the state.
Sec. 9. Appropriations from general revenue surplus accrued.-The following items are hereby appropriated from the state fund, general revenue, and are to be available for expenditure during the fiscal year 2008 out of surplus funds only, accrued from the fiscal year ending the thirtieth day of June, two thousand seven, subject to the terms and conditions set forth in this section.
It is the intent and mandate of the Legislature that the following appropriations be payable only from surplus accrued as of the thirty-first day of July, two thousand seven from the fiscal year ending the thirtieth day of June two thousand seven.
In the event that surplus revenues available on the thirty-first day of July, two thousand seven, are not sufficient to meet all the appropriations made pursuant to this section, then the appropriations shall be made to the extent that surplus funds are available as of the date mandated and shall be allocated first to provide the necessary funds to meet the first appropriation of this section; next, to provide the funds necessary for the second appropriation of this section and subsequently to provide the funds necessary for each appropriation in succession before any funds are provided for the next subsequent appropriation.
EXECUTIVE

319-Governor's Office

(WV Code Chapter 5)

Fund 0101 FY 2008 Org 0100

Monetary Incentive-Surplus950$ 0
320-Governor's Office-

Custodial Fund

(WV Code Chapter 5)

Fund 0102 FY 2008 Org 0100

Monetary Incentive-Surplus950$ 0
321-Auditor's Office-

General Administration

(WV Code Chapter 12)

Fund 0116 FY 2008 Org 1200

Monetary Incentive-Surplus950$ 0
322-Treasurer's Office

(WV Code Chapter 12)


Fund 0126 FY 2008 Org 1300

Monetary Incentive-Surplus950$ 0
323-Department of Agriculture

(WV Code Chapter 19)

Fund 0131 FY 2008 Org 1400

Monetary Incentive-Surplus950$ 0
324-West Virginia Conservation Agency


(WV Code Chapter 19)

Fund 0132 FY 2008 Org 1400

Monetary Incentive-Surplus950$ 0
325-Department of Agriculture-

Meat Inspection

(WV Code Chapter 19)

Fund 0135 FY 2008 Org 1400

Monetary Incentive-Surplus950$ 0
326-Attorney General

(WV Code Chapters 5, 14, 46A and 47)


Fund 0150 FY 2008 Org 1500

Monetary Incentive-Surplus950$ 0
327-Secretary of State

(WV Code Chapters 3, 5 and 59)


Fund 0155 FY 2008 Org 1600

Monetary Incentive-Surplus950$ 0
DEPARTMENT OF ADMINISTRATION

328-Department of Administration-

Office of the Secretary

(WV Code Chapter 5F)

Fund 0186 FY 2008 Org 0201

Monetary Incentive-Surplus950$ 0
329-Division of Finance

(WV Code Chapter 5A)

Fund 0203 FY 2008 Org 0209

Monetary Incentive-Surplus950$ 0
330-Division of General Services

(WV Code Chapter 5A)

Fund 0230 FY 2008 Org 0211

Monetary Incentive-Surplus950$ 0
331-Division of Purchasing

(WV Code Chapter 5A)


Fund 0210 FY 2008 Org 0213

Monetary Incentive-Surplus950$ 0
332-Education and State Employees' Grievance Board

(WV Code Chapter 18)

Fund 0220 FY 2008 Org 0219

Monetary Incentive-Surplus950$ 0
333-Ethics Commission

(WV Code Chapter 6B)

Fund 0223 FY 2008 Org 0220

Monetary Incentive-Surplus950$ 0
334-Public Defender Services

(WV Code Chapter 29)

Fund 0226 FY 2008 Org 0221

Monetary Incentive-Surplus950$ 0
335-West Virginia Prosecuting Attorneys Institute

(WV Code Chapter 7)

Fund 0557 FY 2008 Org 0228

Monetary Incentive-Surplus950$ 0
336-Children's Health Insurance Agency(WV Code Chapter 5)

Fund 0588 FY 2008 Org 0230

Monetary Incentive-Surplus950$ 0
DEPARTMENT OF COMMERCE

337-Division of Tourism

(WV Code Chapter 5B)

Fund 0246 FY 2008 Org 0304

Monetary Incentive-Surplus950$ 0
338-Division of Forestry

(WV Code Chapter 19)


Fund 0250 FY 2008 Org 0305

Monetary Incentive-Surplus950$ 0
339-Geological and Economic Survey

(WV Code Chapter 29)


Fund 0253 FY 2008 Org 0306

Monetary Incentive-Surplus950$ 0
340-West Virginia Development Office

(WV Code Chapter 5B)


Fund 0256 FY 2008 Org 0307

Monetary Incentive-Surplus950 $ 0

341-Division of Labor

(WV Code Chapters 21 and 47)


Fund 0260 FY 2008 Org 0308

Monetary Incentive-Surplus950$ 0
342-Division of Natural Resources

(WV Code Chapter 20)


Fund 0265 FY 2008 Org 0310

Monetary Incentive-Surplus950$ 0
343-Division of Miners' Health,

Safety and Training

(WV Code Chapter 22)


Fund 0277 FY 2008 Org 0314

Monetary Incentive-Surplus950$ 0
344-Board of Coal Mine

Health and Safety

(WV Code Chapter 22)


Fund 0280 FY 2008 Org 0319

Monetary Incentive-Surplus950$ 0
345-Department of Commerce-

Office of the Secretary

(WV Code Chapter 19)


Fund 0606 FY 2008 Org 0327

Monetary Incentive-Surplus950$ 0
DEPARTMENT OF EDUCATION

346-State Department of Education-

School Lunch Program

(WV Code Chapters 18 and 18A)

Fund 0303 FY 2008 Org 0402

Monetary Incentive-Surplus950$ 0
347-State FFA-FHA Camp and Conference Center

(WV Code Chapters 18 and 18A)

Fund 0306 FY 2008 Org 0402

Monetary Incentive-Surplus950$ 0
348-State Department of Education

(WV Code Chapters 18 and 18A)

Fund 0313 FY 2008 Org 0402

Monetary Incentive-Surplus950$ 0
349-State Department of Education-

Aid for Exceptional Children

(WV Code Chapters 18 and 18A)

Fund 0314 FY 2008 Org 0402

Monetary Incentive-Surplus950$ 0
350-State Department of Education-

State Aid to Schools

(WV Code Chapters 18 and 18A)

Fund 0317 FY 2008 Org 0402

Monetary Incentive-Surplus950$ 0
351-State Board of Education-

Vocational Division

(WV Code Chapters 18 and 18A)

Fund 0390 FY 2008 Org 0402

Monetary Incentive-Surplus950$ 0

352-State Board of Education-

Division of Educational Performance Audits

(WV Code Chapters 18 and 18A)

Fund 0573 FY 2008 Org 0402

Monetary Incentive-Surplus950$ 0
353-West Virginia Schools for the

Deaf and the Blind

(WV Code Chapters 18 and 18A)

Fund 0320 FY 2008 Org 0403

Monetary Incentive-Surplus950$ 0
DEPARTMENT OF EDUCATION AND THE ARTS

354-Department of Education and the Arts-

Office of the Secretary

(WV Code Chapter 5F)

Fund 0294 FY 2008 Org 0431

Monetary Incentive-Surplus950$ 0
355-Division of Culture and History

(WV Code Chapter 29)

Fund 0293 FY 2008 Org 0432

Monetary Incentive-Surplus950$ 0
356-Library Commission

(WV Code Chapter 10)

Fund 0296 FY 2008 Org 0433

Monetary Incentive-Surplus950$ 0
357-Educational Broadcasting Authority

(WV Code Chapter 10)

Fund 0300 FY 2008 Org 0439

Monetary Incentive-Surplus950$ 0
358-State Board of Rehabilitation-

Division of Rehabilitation Services

(WV Code Chapter 18)

Fund 0310 FY 2008 Org 0932

Monetary Incentive-Surplus950$ 0
DEPARTMENT OF ENVIRONMENTAL PROTECTION

359-Environmental Quality Board

(WV Code Chapter 20)


Fund 0270 FY 2008 Org 0311

Monetary Incentive-Surplus950$ 0
360-Division of Environmental Protection

(WV Code Chapter 22)

Fund 0273 FY 2008 Org 0313

Monetary Incentive-Surplus950$ 0
361-Air Quality Board

(WV Code Chapter 16)

Fund 0550 FY 2008 Org 0325

Monetary Incentive-Surplus950$ 0
DEPARTMENT OF HEALTH AND HUMAN RESOURCES

362-Department of Health and Human Resources-

Office of the Secretary

(WV Code Chapter 5F)

Fund 0400 FY 2008 Org 0501

Monetary Incentive-Surplus950$ 0
363-Division of Health-

Central Office

(WV Code Chapter 16)

Fund 0407 FY 2008 Org 0506

Monetary Incentive-Surplus950$ 0

364-Consolidated Medical Service Fund

(WV Code Chapter 16)

Fund 0525 FY 2008 Org 0506

Monetary Incentive-Surplus950$ 0
365-Human Rights Commission

(WV Code Chapter 5)

Fund 0416 FY 2008 Org 0510

Monetary Incentive-Surplus950$ 0
366-Division of Human Services

(WV Code Chapters 9, 48 and 49)

Fund 0403 FY 2008 Org 0511

Monetary Incentive-Surplus950$ 0
DEPARTMENT OF MILITARY AFFAIRS

AND PUBLIC SAFETY

367-Department of Military Affairs and

Public Safety-

Office of the Secretary

(WV Code Chapter 5F)

Fund 0430 FY 2008 Org 0601

Monetary Incentive-Surplus950$ 0
368-Adjutant General-

State Militia

(WV Code Chapter 15)

Fund 0433 FY 2008 Org 0603

Monetary Incentive-Surplus950$ 0
369-West Virginia Parole Board

(WV Code Chapter 62)

Fund 0440 FY 2008 Org 0605

Monetary Incentive-Surplus950$ 0
370-Division of Homeland Security and

Emergency Management

(WV Code Chapter 15)

Fund 0443 FY 2008 Org 0606

Monetary Incentive-Surplus950$ 0
371-Division of Corrections-

Central Office

(WV Code Chapters 25, 28, 49 and 62)

Fund 0446 FY 2008 Org 0608

Monetary Incentive-Surplus950$ 0
372-Division of Corrections-

Correctional Units

(WV Code Chapters 25, 28, 49 and 62)

Fund 0450 FY 2008 Org 0608

Monetary Incentive-Surplus950$ 0
373-West Virginia State Police

(WV Code Chapter 15)

Fund 0453 FY 2008 Org 0612

Monetary Incentive-Surplus950$ 0
374-Division of Veterans' Affairs

(WV Code Chapter 9A)

Fund 0456 FY 2008 Org 0613

Monetary Incentive-Surplus950$ 0
375-Division of Veterans' Affairs-

Veterans' Home

(WV Code Chapter 9A)

Fund 0460 FY 2008 Org 0618

Monetary Incentive-Surplus950$ 0
376-Fire Commission

(WV Code Chapter 29)

Fund 0436 FY 2008 Org 0619

Monetary Incentive-Surplus950$ 0
377-Division of Criminal Justice Services

(WV Code Chapter 15)

Fund 0546 FY 2008 Org 0620

Monetary Incentive-Surplus950$ 0
378-Division of Juvenile Services

(WV Code Chapter 49)

Fund 0570 FY 2008 Org 0621

Monetary Incentive-Surplus950$ 0
379-Division of Protective Services

(WV Code Chapter 5F)

Fund 0585 FY 2008 Org 0622

Monetary Incentive-Surplus950$ 0
DEPARTMENT OF REVENUE

380-Office of the Secretary

(WV Code Chapter 11)

Fund 0465 FY 2008 Org 0701

Monetary Incentive-Surplus950$ 0
381-Tax Division

(WV Code Chapter 11)


Fund 0470 FY 2008 Org 0702

Monetary Incentive-Surplus950$ 0
382-State Budget Office

(WV Code Chapter 11B)

Fund 0595 FY 2008 Org 0703

Monetary Incentive-Surplus950$ 0
383-West Virginia Office of Tax Appeals

(WV Code Chapter 11)


Fund 0593 FY 2008 Org 0709

Monetary Incentive-Surplus950$ 0
DEPARTMENT OF TRANSPORTATION


384-State Rail Authority

(WV Code Chapter 29)


Fund 0506 FY 2008 Org 0804

Monetary Incentive-Surplus950$ 0
385-Public Port Authority

(WV Code Chapter 17)


Fund 0581 FY 2008 Org 0806

Monetary Incentive-Surplus950$ 0
386-Aeronautics Commission


(WV Code Chapter 29)


Fund 0582 FY 2008 Org 0807

Monetary Incentive-Surplus950$ 0
HIGHER EDUCATION


387-West Virginia Council for

Community and Technical College Education-

Control Account

(WV Code Chapter 18B)

Fund 0596 FY 2008 Org 0420

Monetary Incentive-Surplus950$ 0
388-Higher Education Policy Commission-

Administration-

Control Account

(WV Code Chapter 18B)

Fund 0589 FY 2008 Org 0441

Monetary Incentive-Surplus950$ 0
389-Higher Education Policy Commission-

System-

Control Account

(WV Code Chapter 18B)

Fund 0586 FY 2008 Org 0442

Monetary Incentive-Surplus950$ 0
390-Bureau of Senior Services

(WV Code Chapter 16)

Fund 0420 FY 2008 Org 0558

Monetary Incentive-Surplus950$ 0
Sec. 10. Appropriations from state excess lottery revenue fund surplus accrued.-The following items are hereby appropriated from the state excess lottery revenue fund, and are to be available for expenditure during the fiscal year 2008 out of surplus funds only, as determined by the director of the lottery, accrued from the fiscal year ending the thirtieth day of June, two thousand seven, subject to the terms and conditions set forth in this section.
It is the intent and mandate of the Legislature that the following appropriations be payable only from surplus accrued from the fiscal year ending the thirtieth day of June two thousand seven.
In the event that surplus revenues available from the fiscal year ending the thirtieth day of June, two thousand seven are not sufficient to meet all the appropriations made pursuant to this section, then the appropriations shall be made to the extent that surplus funds are available and shall be allocated first to provide the necessary funds to meet the first appropriation of this section; next, to provide the funds necessary for the second appropriation of this section and subsequently to provide the funds necessary for each appropriation in succession before any funds are provided for the next subsequent appropriation.
391-Office of Technology-

(WV Code Chapter 5A)

Fund 2532 FY 2008 Org 0231

Unclassified-Lottery Surplus
928
$2,000,000

405-State Department of Education

(WV Code Chapter 18 and 18A)

Fund FY 2008 Org 0402

Assessment for 21st Century$ 3,900,000
Professional Development for 21st Century Learners
2,600,000

Total
$6,500,000

Sec. 11.
Special revenue appropriations.-There are hereby appropriated for expenditure during the fiscal year two thousand eight appropriations made by general law from special revenues which are not paid into the state fund as general revenue under the provisions of section two, article two, chapter twelve of the code: Provided, That none of the money so appropriated by this section shall be available for expenditure except in compliance with and in conformity to the provisions of articles two and three, chapter twelve and article two, chapter eleven-b of the code, unless the spending unit has filed with the director of the budget and the legislative auditor prior to the beginning of each fiscal year:
(a) An estimate of the amount and sources of all revenues accruing to such fund;
(b) A detailed expenditure schedule showing for what purposes the fund is to be expended.
Sec. 12. State improvement fund appropriations.-Requests or donations of nonpublic funds, received by the governor on behalf of the state during the fiscal year two thousand eight, for the purpose of making studies and recommendations relative to improvements of the administration and management of spending units in the executive branch of state government, shall be deposited in the state treasury in a separate account therein designated state improvement fund.
There are hereby appropriated all moneys so deposited during the fiscal year two thousand seven to be expended as authorized by the governor, for such studies and recommendations which may encompass any problems of organization, procedures, systems, functions, powers or duties of a state spending unit in the executive branch, or the betterment of the economic, social, educational, health and general welfare of the state or its citizens.
Sec. 13. Specific funds and collection accounts.-A fund or collection account which by law is dedicated to a specific use is hereby appropriated in sufficient amount to meet all lawful demands upon the fund or collection account and shall be expended according to the provisions of article three, chapter twelve of the code.
Sec. 14. Appropriations for refunding erroneous payment.-Money that has been erroneously paid into the state treasury is hereby appropriated out of the fund into which it was paid, for refund to the proper person.
When the officer authorized by law to collect money for the state finds that a sum has been erroneously paid, he or she shall issue his or her requisition upon the auditor for the refunding of the proper amount. The auditor shall issue his or her warrant to the treasurer and the treasurer shall pay the warrant out of the fund into which the amount was originally paid.
Sec. 15. Sinking fund deficiencies.-There is hereby appropriated to the governor a sufficient amount to meet any deficiencies that may arise in the mortgage finance bond insurance fund of the West Virginia housing development fund which is under the supervision and control of the municipal bond commission as provided by section twenty-b, article eighteen, chapter thirty-one of the code, or in the funds of the municipal bond commission because of the failure of any state agency for either general obligation or revenue bonds or any local taxing district for general obligation bonds to remit funds necessary for the payment of interest and sinking fund requirements. The governor is authorized to transfer from time to time such amounts to the municipal bond commission as may be necessary for these purposes.
The municipal bond commission shall reimburse the state of West Virginia through the governor from the first remittance collected from the West Virginia housing development fund or from any state agency or local taxing district for which the governor advanced funds, with interest at the rate carried by the bonds for security or payment of which the advance was made.
Sec. 16. Appropriations for local governments.-There are hereby appropriated for payment to counties, districts and municipal corporations such amounts as will be necessary to pay taxes due counties, districts and municipal corporations and which have been paid into the treasury:
(a) For redemption of lands;
(b) By public service corporations;
(c) For tax forfeitures.
Sec. 17. Total appropriations.-Where only a total sum is appropriated to a spending unit, the total sum shall include personal services, annual increment, employee benefits, current expenses, repairs and alterations, equipment and capital outlay, where not otherwise specifically provided and except as otherwise provided in TITLE I-GENERAL PROVISIONS, Sec. 3.
Sec. 18. General school fund.-The balance of the proceeds of the general school fund remaining after the payment of the appropriations made by this act is appropriated for expenditure in accordance with section sixteen, article nine-a, chapter eighteen of the code.
TITLE III-ADMINISTRATION.

Section 1. Appropriations conditional.-The expenditure of the appropriations made by this act, except those appropriations made to the legislative and judicial branches of the state government, are conditioned upon the compliance by the spending unit with the requirements of article two, chapter eleven-b of the code.
Where spending units or parts of spending units have been absorbed by or combined with other spending units, it is the intent of this act that appropriations and reappropriations shall be to the succeeding or later spending unit created, unless otherwise indicated.
Sec. 2. Constitutionality.-If any part of this act is declared unconstitutional by a court of competent jurisdiction, its decision shall not affect any portion of this act which remains, but the remaining portion shall be in full force and effect as if the portion declared unconstitutional had never been a part of the act."
On motion of Delegate DeLong, the House refused to concur in the Senate amendment and requested the Senate to recede therefrom.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Conference Committee Report Availability

At 5:46 p.m., the Clerk announced the availability in his office of the report of the Committee of Conference on Com. Sub. for S. B. 178.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to recede from its amendment and requested the House of Delegates to agree to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses as to
H. B. 2568, Extending the sunset provision regarding racial profiling analysis
The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:
Senators Foster, Jenkins and Sypolt.
On motion of Delegate DeLong, the House of Delegates agreed 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 Moore, Long and Lane.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
At 5:53 p.m., on motion of Delegate DeLong, the House of Delegates recessed until 8:00 p.m., and reconvened at that time.
Conference Committee Report Availability

At 8:04 p.m., the Clerk announced the availability in his office of the reports of the Committees of Conference on Com. Sub. for S. B. 185, Com. Sub. for S. B. 738 and Com. Sub. for H. B. 2955.
Reordering of the Calendar

Delegate DeLong announced that the Committee on Rules had transferred
Com. Sub. for S. B. 68, Com. Sub. for S. B. 121, S. B. 657 and S. B. 749, on third reading, House Calendar, to the Special Calendar.
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. 2709, Requiring the installation of fire hydrants at intervals of not more than every two thousand feet on all new installation of water mains.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
"That §7-1-3a of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §8-19-21 of said code be amended and reenacted, all to read as follows:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.

ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-3a. Construction of waterworks; sewers and sewage disposal plants; improvements of streets, alleys and sidewalks; assessment of cost of sanitary sewers, improved streets and maintenance of roads not in the state road system.

In addition to all other powers and duties now conferred by law upon county commissions, such commissions are hereby authorized and empowered to install, construct, repair, maintain and operate waterworks, water mains, sewer lines and sewage disposal plants in connection therewith within their respective counties: Provided, That the county commission of Webster County is authorized to expend county funds in the opening of, and upkeep of a sulphur well now situate on county property: Provided, however, That such authority and power herein conferred upon county commissions shall not extend into the territory within any municipal corporation: Provided further, That any county commission is hereby authorized to enter into contracts or agreements with any municipality within the county, or with a municipality in an adjoining county, with reference to the exercise of the powers vested in such commissions by this section.
Considering the importance of public fire protection, any county commission, public service district, public or private utility which installs, constructs, maintains, or upgrades water mains shall ensure that all new mains specifically intended to provide fire protection are supplied by mains which are not less than six inches in diameter. A permit or other written approval shall be obtained from the department of health and human resources for each hydrant or group of hydrants installed in compliance with section nine, article one, chapter sixteen of the West Virginia code as amended: Provided, That all newly constructed water distribution systems transferred to a public or private utility shall have mains at least six inches in diameter where fire flows are desired or required by the public or private utility: Provided, however, That the utility providing service has sufficient hydraulic capacity as determined by the department of health and human resources. Effective the first day of January, two thousand eight, when any state or local government, public service district, public or private utility installs, constructs or upgrades water mains, the existing hydrants shall be replaced with new or refurbished hydrants that have an internal hydrant valve device installed which will prevent intentional or accidental backflow contamination of the domestic water supply. Such device may in no way delay access to the water supply for fire protection.
In addition to the foregoing, the county commission shall have the power to improve streets, sidewalks and alleys and lay sewers and enter into contracts for maintenance of county roads and subdivision roads used by the public but not in the state road system as follows: Upon petition in writing duly verified, of the persons, firms or corporations owning not less than sixty percent of the frontage of the lots abutting on both sides of any street or alley, between any two cross-streets, or between a cross-street and an alley in any unincorporated community, requesting the county commission so to do according to plans and specifications submitted with such petition and offering to have their property so abutting assessed not only with their portion of the cost of such improvement abutting upon their respective properties, but also offering to have their said properties proportionately assessed with the total cost of paving, grading and curbing the intersections of such streets and alleys, or the total cost of maintenance of county roads or subdivision roads used by the public but not in the state road system, the county commission may cause any such street or alley to be improved or paved or repaved substantially with the materials and according to such plans and specifications as hereinafter provided: Provided, That the county commission is further authorized, if the said county commission so determines by a unanimous vote of its constituted membership, that two or more intersecting streets, sidewalks, alleys and sewers, should be improved as one project, in order to satisfy peculiar problems resulting from access as well as drainage problems, then, in that event, the said county commission may order such improvements as one single unit and project, upon petition in writing duly verified of the persons, firms or corporations owning not less than sixty percent of the frontage of the lots abutting on both sides of all streets or alleys, or portions thereof included by said county commission in said unit and project.
The total cost including labor and materials, engineering, and legal service of grading and paving, curbing, improving any such road, street or alley (including the cost of the intersections) and assessing the cost thereof shall be borne by the owners of the land abutting upon such road, street or alley when the work is completed and accepted according to the following plan, that is to say, payment is to be made by all landowners on either side of such road, street or alley so paved or improved in such proportion of the total cost as the frontage in feet of each owner's land so abutting bears to the total frontage of all the land so abutting on such road, street or alley, so paved or improved as aforesaid, which computation shall be made by the county engineer or surveyor and certified by him to the clerk of said commission.
Upon petition in writing duly verified, of the persons, firms or corporations owning not less than sixty percent of the frontage of the lots abutting on one side of any county or subdivision road or roads between any two cross-roads, all used by the public but not in the state road system or street between any two cross-streets or between a cross-street and an alley in any unincorporated community requesting the county commission so to do according to plans and specifications submitted with such petition and offering to have their property so abutting assessed with the total cost thereof, the county commission may cause any sidewalk to be improved, or paved, or repaved, substantially with such materials according to such plans and specifications and the total cost including labor and materials, engineering and legal service of improving, grading, paving or repaving such sidewalk and assessing the cost thereof shall, when the work is completed and accepted, be assessed against the owners of the lots or fractional part of lots abutting on such sidewalk, in such portion of the total cost as the frontage in feet of each owner's land so abutting bears to the total frontage of all lots so abutting on such sidewalk so paved or improved, as aforesaid, which computation shall be made by the county engineer or surveyor and certified by him to the clerk of said commission.
Upon petition in writing duly verified, of the persons, firms or corporations owning not less than sixty percent of the frontage of the lots abutting on both sides of any street or alley, in any unincorporated community requesting the county commission so to do according to plans and specifications submitted with such petition and offering to have their property so abutting assessed with the cost, as hereinafter provided, the county commission may lay and construct sanitary sewers in any street or alley with such materials and substantially according to such plans and specifications and when such sewer is completed and accepted, the county engineer or surveyor shall report to the county commission, in writing, the total cost of such sewer and a description of the lots and lands, as to the location, frontage, depth and ownership liable for such sewer assessment, so far as the same may be ascertained, together with the amount chargeable against each lot and owner, calculated in the following manner: The total cost of constructing and laying the sewer including labor, materials, legal and engineering services shall be borne by the owners of the land abutting upon the streets and alleys, in which the sewer is laid according to the following plan: Payment is to be made by each landowner on either side of such portion of a street or alley in which such sewer is laid, in such proportions as the frontage of his land upon said street or alley bears to the total frontage of all lots so abutting on such street or alley. In case of a corner lot, frontage is to be measured along the longest dimensions thereof abutting on such street or alley in which such sewer is laid. Any lot having a depth of two hundred feet or more, and fronting on two streets or alleys, one in the front and one in the rear of said lot, shall be assessed on both of said streets or alleys if a sewer is laid in both such streets and alleys. Where a corner lot has been assessed on the end it shall not be assessed on the side for the same sewer and where it has been assessed on the side it shall not be assessed on the end for the same sewer.
If the petitioners request the improvement of any such county road or subdivision road, street, alley or sidewalk in a manner which does not require the permanent paving or repaving thereof, the county commission shall likewise have authority to improve such county road or subdivision road, street, alley or sidewalk, substantially as requested in such petition, and the total cost thereof including labor, materials, engineering and legal services shall be assessed against the abutting owners in the proportion which the frontage of their lots abutting upon such county road or subdivision road, street, alley or sidewalk bears to the total frontage of all lots abutting upon such street, alley or sidewalk so improved.
Upon the filing of such petition and before work is begun, or let to contract, the county commission shall fix a time and place for hearing protests and shall require the petitioners to post notice of such hearing in at least two conspicuous places on the county road or subdivision road, street, alley or sidewalk affected, and to give notice thereof by publication of such notice as a Class I legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such publication shall be the county in which the improvement is to be made. The hearing shall be held not less than ten nor more than thirty days after the filing of such petition.
At the time and place set for hearing protests the county commission may examine witnesses and consider other evidence to show that said petition was filed in good faith; that the signatures thereto are genuine; and that the proposed improvement, paving, repaving or sewering will result in special benefits to all owners of property abutting on said county road or subdivision road, street, alley or sidewalk in an amount at least equal in value to the cost thereof. The commission shall within ten days thereafter enter a formal order stating its decision and if the petition be granted shall proceed after due advertisement, reserving the right to reject any or all bids, to let a contract for such work and materials to the lowest responsible bidder.
Any owner of property abutting upon said county road or subdivision road, street, alley or sidewalk aggrieved by such order shall have the right to review the same on the record made before the county commission by filing within ten days after the entry of such order a petition with the clerk of the circuit court assigning errors and giving bond in a penalty to be fixed by the circuit court to pay any costs or expenses incurred upon such appeal should the order of the county commission be affirmed. The circuit court shall proceed to review the matter as in other cases of appeal from the county commission.
All assessments made under this section shall be certified to the county clerk and recorded in a proper trust deed book and indexed in the name of the owner of any lot or fractional part of a lot so assessed. The assessment so made shall be a lien on the property liable therefor, and shall have priority over all other liens except those for taxes, and may be enforced by a civil action in the name of the contractor performing the work in the same manner as provided for other liens for permanent improvements. Such assessment shall be paid in not more than ten equal annual installments, bearing interest at a rate not to exceed twelve percent per annum, as follows: The first installment, together with interest on the whole assessment, shall be paid not later than one year from the date of such assessment, and a like installment with interest on the whole amount remaining unpaid each year thereafter until the principal and all interest shall have been paid in full.
The county commission may issue coupon-bearing certificates payable in not more than ten equal annual installments for the amount of such assessment and the interest thereon, to be paid by the owner of any lot or fractional part thereof, fronting on such county road or subdivision road, street, alley or sidewalk which has been improved, paved, or repaved or in which a sewer has been laid, as aforesaid, and the holder of said certificate shall have a lien having priority over all other liens except those for taxes upon the lot or part of lot fronting on such county road or subdivision road, street, alley or sidewalk, and such certificate shall likewise draw interest from the date of assessment at a rate not to exceed twelve percent per annum, and payment thereof may be enforced in the name of the holder of said certificate by proper civil action in any court having jurisdiction to enforce such lien.
Certificates authorized under this section may be issued, sold or negotiated to the contractor doing the work, or to his assignee, or to any person, firm or corporation: Provided, That the county commission in issuing such certificates shall not be held as a guarantor, or in any way liable for the payment thereof. Certificates so issued shall contain a provision to the effect that in the event of default in the payment of any one or more of said installments, when due, said default continuing for a period of sixty days, all unpaid installments shall thereupon become due and payable, and the owner of said certificates may proceed to collect the unpaid balance thereof in the manner hereinbefore provided.
In all cases where petitioners request paving or repaving, or the laying of sewers under the provisions of this section, the county commission shall let the work of grading, paving, curbing or sewering to contract to the lowest responsible bidder. In each such case the county commission shall require a bond in the penalty of the contract price guaranteeing the faithful performance of the work and each such contract shall require the contractor to repair any defects due to defective workmanship or materials discovered within one year after the completion of the work.
Upon presentation to the clerk of the county commission of the certificates evidencing the lien, duly canceled and marked paid by the holder thereof, or evidence of payment of the assessment if no certificates have been issued, said clerk shall execute and acknowledge a release of the lien which release may be recorded, as other releases in the office of the clerk of the county commission.
The owner of any lot or fractional part of a lot abutting upon such county road or subdivision road, street, alley or sidewalk so improved, paved, repaved, or sewered shall have the right to anticipate the payment of any such assessment or certificate by paying the principal amount due, with interest accrued thereon to date of payment, and also to pay the entire amount, without interest at any time, within thirty days following the date of the assessment.
Nothing in this section contained shall be construed to authorize the county commissions of the various counties to acquire any road construction, ditching or paving equipment. The county commissions are hereby authorized to rent from the state road commissioner or any other person, firm or corporation such equipment as may be necessary from time to time, to improve any county road or subdivision road used by the public but not in the state road system, street or sidewalk which petitioners do not desire to have paved in a permanent manner, and for such purpose to employ such labor as may be necessary but no expense connected therewith shall be charged to any county funds.
No county commission shall be under any duty after the paving, repaving or improvement of any county road or subdivision road used by the public but not in the state road system, street, alley or sidewalk or the laying of any sanitary sewer under the provisions of this section, to maintain or repair the same, but any such commission shall have authority upon petition duly verified, signed by at least sixty percent of the owners of property abutting upon any improvement made under this section, to maintain or repair such improvement or sewer and to assess the cost thereof against the owners of such abutting property in the same manner as the cost of the original improvement.
CHAPTER 8. MUNICIPAL CORPORATIONS.

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

§8-19-21. Specifications for water mains and water service pipes.
Considering the importance of public fire protection, any state or local government, public service district, public or private utility which installs, constructs, maintains or upgrades water mains, shall ensure that all new mains specifically intended to provide fire protection are supplied by mains which are not less than six inches in diameter. Effective the first day of January, two thousand eight, when any state or local government, public service district, public or private utility installs, constructs or upgrades water mains, the existing hydrants shall be replaced with new or refurbished hydrants that have an internal hydrant valve device installed which will prevent intentional or accidental backflow contamination of the domestic water supply. Such device may in no way delay access to the water supply for fire protection. A permit or other written approval shall be obtained from the Department of Health and Human Resources for each hydrant or group of hydrants installed in compliance with section nine, article one, chapter sixteen of the West Virginia code as amended: Provided, That all newly constructed water distribution systems transferred to a public or private utility shall have mains at least six inches in diameter where fire flows are desired or required by the public or private utility: Provided, however, That the utility providing service has sufficient hydraulic capacity as determined by the Department of Health and Human Resources."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 2709 - "A Bill to amend and reenact §7-1-3a of the Code of West Virginia, 1931, as amended; and to amend and reenact §8-19-21 of said code, relating to new requirements for fire hydrants when water mains are being installed, constructed or upgraded; and municipal and county waterworks systems and specifications for water mains generally."
On motion of Delegate DeLong, the House refused to concur in the Senate amendments and requested that the Senate recede therefrom.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Conference Committee Report Availability

At 8:19 p.m., the Clerk announced the availability in his office of the report of the Committee of Conference on Com. Sub. for H. B. 2498.
At 8:22 p.m., the Clerk announced the availability in his office of the report of the Committee of Conference on Com. Sub. for H. B. 2051.
Special Calendar

Third Reading

Com. Sub. for S. B. 68
,
Improving coal mine health and safety; 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. 487), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Browning, M. Poling, Talbott 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. 68) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Delegate Long asked and obtained unanimous consent that the remarks of Delegates Frederick, Hamilton and Caputo regarding Com. Sub. for S. B. 68, Improving coal mine health and safety, be printed in the Appendix to the Journal.
Com. Sub. for S. B. 121, Tolling state licensure or registration requirements for active duty military personnel; 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. 488), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent and Not Voting: Browning, M. Poling, Talbott 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. 121) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Conference Committee Report Availability

At 8:29 p.m., the Clerk announced the availability in his office of the report of the Committee of Conference on Com. Sub. for S. B. 67.

At 8:36 p.m., the Clerk announced the availability in his office of the reports of the Committees of Conference on Com. Sub. for S. B. 541, Com. Sub. for S. B. 603 and S. B. 657.
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. 2181, Requiring that annual reports be recorded on CD-Rom for distribution
.
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 striking out everything after the enacting section and inserting in lieu thereof the following:
"CHAPTER 4. THE LEGISLATURE.

ARTICLE 1. OFFICERS, MEMBERS AND EMPLOYEES; APPROPRIATIONS; INVESTIGATIONS; DISPLAY OF FLAGS; RECORDS; USE OF CAPITOL BUILDING; PREFILING OF BILLS AND RESOLUTIONS; STANDING COMMITTEES; INTERIM MEETINGS; NEXT MEETING OF THE SENATE.

§4-1-23. Annual reports to be sent to the legislative librarian.
(a) Any office, agency, commission or board required by any section of this code to provide an annual report to the Legislature, Legislative Manager, Legislative Auditor, the President of the Senate and the Speaker of the House of Delegates or the Joint Committee on Government and Finance shall submit the report to the Legislative Librarian and may submit it on electronic media to be filed in the same manner as a printed annual report, or transmitted electronically via the internet. Any report filed in an electronic format shall be considered as having satisfied the filing requirements.
(b) If an office, agency, commission or board submits its annual report electronically, it shall transmit an electronic copy to the legislative manager.
(c) All audit reports shall be submitted to the Legislative Manager and may be submitted on electronic media or transmitted electronically via the internet.
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.

ARTICLE 1. THE GOVERNOR.
§5-1-20. Reports to the Governor; form and contents; transmission to the Legislature; special reports.

(a) The subordinate officers secretaries of the executive department and the officers of all public institutions of the state shall make an annual report to the Governor as soon as possible after the close of each fiscal year, notwithstanding any other provision of law to the contrary.
(b) All state officers, boards, commissions, departments and institutions required by law to make reports to the Governor, the Legislature or any administrative board or state official shall cover fiscal year periods. and such
(c) Annual reports shall be submitted in typewritten form, or any legible form produced by mechanical means, on electronic media, to be filed in the same manner as a printed annual report, or transmitted electronically via the internet. Any annual report filed in an electronic format shall be considered as having satisfied the filing requirements.
(d) The Governor shall by executive order prescribe the general contents of the reports to be submitted to him or her. The form and format of the reports shall be as prescribed in section twenty-eight, article three, chapter five-a of this code.
(e) The Governor shall transmit, and may do so electronically, copies of the report to the Legislature and lodge provide a copy of all such reports with the Department Division of Archives and History where the same reports shall be kept as permanent records.
(f) All annual reports to the Legislature shall be submitted, and may do so electronically, to the
Legislative Librarian.
(g) The Governor may at any time require information in writing, under oath, from any officer, board, department or commission of the executive department or the principal officer or manager of any state institution, upon any subject relating to the condition, management and expense of their respective offices or institutions.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
ARTICLE 1. GENERAL PROVISIONS APPLICABLE TO ALL STATE BOARDS OF EXAMINATION OR REGISTRATION REFERRED TO IN CHAPTER.

§30-1-17. Annual reports.

(a) A licensing board, organized under the provisions of this chapter, may submit its annual report on electronic media to be filed in the same manner as a printed annual report, or transmitted electronically via the internet. Any report filed in an electronic format shall be considered as having satisfied the filing requirements.
(b) If a board chooses to submit its annual report electronically, it shall transmit an electronic copy to the legislative manager."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 489), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent and Not Voting: Browning, M. Poling, Talbott 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 H. B. 2181) 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 passed, with amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 2406, Providing that in the event a yearling was born in another state and transported to this state, the definition of "Raiser of an accredited West Virginia horse" does not apply to any pari-mutuel racing facility in Jefferson County.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
"That §19-23-3, §19-23-10 and §19-23-13b of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 23. HORSE AND DOG RACING.
§19-23-3. Definitions.

Unless the context in which used clearly requires a different meaning, as used in this article:
(1) 'Horse racing' means any type of horse racing, including, but not limited to, thoroughbred racing and harness racing;
(2) 'Thoroughbred racing' means flat or running type horse racing in which each horse participating therein is a thoroughbred and is mounted by a jockey;
(3) 'Harness racing' means horse racing in which the horses participating therein are harnessed to a sulky, carriage or other vehicle and shall not include any form of horse racing in which the horses are mounted by jockeys;
(4) 'Horse race meeting' means the whole period of time for which a license is required by the provisions of section one of this article;
(5) 'Dog racing' means any type of dog racing, including, but not limited to, greyhound racing;
(6) 'Purse' means any purse, stake or award for which a horse or dog race is run;
(7) 'Racing association' or 'person' means any individual, partnership, firm, association, corporation or other entity or organization of whatever character or description;
(8) 'Applicant' means any racing association making application for a license under the provisions of this article or any person making application for a permit under the provisions of this article, or any person making application for a construction permit under the provisions of this article, as the case may be;
(9) 'License' means the license required by the provisions of section one of this article;
(10) 'Permit' means the permit required by the provisions of section two of this article;
(11) 'Construction permit' means the construction permit required by the provisions of section eighteen of this article;
(12) 'Licensee' means any racing association holding a license required by the provisions of section one of this article and issued under the provisions of this article;
(13) 'Permit holder' means any person holding a permit required by the provisions of section two of this article and issued under the provisions of this article;
(14) 'Construction permit holder' means any person holding a construction permit required by the provisions of section eighteen of this article and issued under the provisions of this article;
(15) 'Hold or conduct' includes 'assist, aid or abet in holding or conducting';
(16) 'Racing commission' means the West Virginia Racing Commission;
(17) 'Stewards' means the steward or stewards representing the racing commission, the steward or stewards representing a licensee and any other steward or stewards, whose duty it is to supervise any horse or dog race meeting, all as may be provided by reasonable rules and regulations of the racing commission, and the reasonable rules and regulations shall specify the number of stewards to be appointed, the method and manner of their appointment and their powers, authority and duties;
(18) 'Pari-mutuel' means a mutuel or collective pool that can be divided among those who have contributed their wagers to one central agency, the odds to be reckoned in accordance to the collective amounts wagered upon each contestant running in a horse or dog race upon which the pool is made, but the total to be divided among the first three contestants on the basis of the number of wagers on these;
(19) 'Pari-mutuel clerk' means any employee of a licensed racing association who is responsible for the collection of wagers, the distribution of moneys for winning pari-mutuel tickets, verification of the validity of pari-mutuel tickets and accounting for pari-mutuel funds;
(20) 'Pool' means a combination of interests in a joint wagering enterprise or a stake in such enterprise;
(21) 'Legitimate breakage' is the percentage left over in the division of a pool;
(22) 'To the dime' means that wagers shall be figured and paid to the dime;
(23) 'Code' means the code Code of West Virginia, one thousand nine hundred thirty-one, as heretofore and hereinafter amended;
(24) 'Accredited thoroughbred horse' means a thoroughbred horse that is: (a) Foaled in West Virginia; (b) sired by an accredited West Virginia sire; or (c) as a yearling, finished twelve consecutive months of verifiable residence in the state, except for thirty days' grace: (A) For for the horse to be shipped to and from horse sales where the horse is officially entered in the sales catalogue of a recognized thoroughbred sales company, or (B) for obtaining veterinary services, documented by veterinary reports;
(25) 'Accredited West Virginia sire' is a sire that is permanently domiciled in West Virginia, stands a full season in West Virginia and is registered with West Virginia thoroughbred breeders association Thoroughbred Breeders Association;
(26) 'Breeder of an accredited West Virginia horse' is the owner of the foal at the time it was born in West Virginia;
(27) 'Raiser of an accredited West Virginia horse' is the owner of the yearling at the time it finished twelve consecutive months of verifiable residence in the state. During the period, the raiser will be granted one month of grace for his or her horse to be shipped to and from thoroughbred sales where the horse is officially entered in the sales catalogue of a recognized thoroughbred sales company. In the event the yearling was born in another state and transported to this state, this definition does not apply after the thirty-first day of December, two thousand seven, to any pari- mutuel racing facility located in Jefferson County; nor shall it apply after the thirty-first day of December, two thousand twelve, and thereafter to any pari-mutuel racing facility located in Hancock County. Prior to the horse being shipped out of the state for sales, the raiser must notify the racing commission of his or her intentions;
(28) The 'owner of an accredited West Virginia sire' is the owner of record at the time the offspring is conceived;
(29) The 'owner of an accredited West Virginia horse' means the owner at the time the horse earned designated purses to qualify for restricted purse supplements provided for in section thirteen-b of this article; and
(30) 'Registered greyhound owner' means an owner of a greyhound that is registered with the National Greyhound Association;
(31) 'Fund' means the West Virginia Thoroughbred Development Fund established in section thirteen-b of this article; and,
(32) 'Regular purse' means both regular purses and stakes purses.
§19-23-10. Daily license tax; pari-mutuel pools tax; how taxes paid; alternate tax; credits.
(a) Any racing association conducting thoroughbred racing at any horse racetrack in this state shall pay each day upon which horse races are run a daily license tax of two hundred fifty dollars. Any racing association conducting harness racing at any horse racetrack in this state shall pay each day upon which horse races are run a daily license tax of one hundred fifty dollars. Any racing association conducting dog races shall pay each day upon which dog races are run a daily license tax of one hundred fifty dollars. In the event thoroughbred racing, harness racing, dog racing, or any combination of the foregoing are conducted on the same day at the same racetrack by the same racing association, only one daily license tax in the amount of two hundred fifty dollars shall be paid for that day. Any daily license tax shall not apply to any local, county or state fair, horse show or agricultural or livestock exposition at which horse racing is conducted for not more than six days.
(b) Any racing association licensed by the racing commission to conduct thoroughbred racing and permitting and conducting pari-mutuel wagering under the provisions of this article shall, in addition to the daily license tax set forth in subsection (a) of this section, pay to the racing commission, from the commission deducted each day by the licensee from the pari-mutuel pools on thoroughbred racing a tax calculated on the total daily contribution of all pari-mutuel pools conducted or made at any and every thoroughbred race meeting of the licensee licensed under the provisions of this article. The tax, on the pari-mutuel pools conducted or made each day during the months of January, February, March, October, November and December, shall from the effective date of this section and for fiscal year one thousand nine hundred eighty-five be calculated at two and six-tenths percent; for fiscal year one thousand nine hundred eighty-six, be calculated at two and three-tenths percent; for fiscal year one thousand nine hundred eighty-seven, be calculated at two percent of the pool; for fiscal year one thousand nine hundred eighty-eight, be calculated at one and one-half percent; for fiscal year one thousand nine hundred eighty-nine, be calculated at one percent of the pool; for fiscal year one thousand nine hundred ninety, seven tenths of one percent, and for fiscal year one thousand nine hundred ninety-one and each fiscal year thereafter be calculated at four tenths of one percent of the pool; and, on the pari-mutuel pools conducted or made each day during all other months, shall from the effective date of this section and for fiscal year one thousand nine hundred eighty-five, be calculated at three and six-tenths percent; for fiscal year one thousand nine hundred eighty-six, be calculated at three and three-tenths percent; for fiscal year one thousand nine hundred eighty-seven, be calculated at three percent of the pool; for fiscal year one thousand nine hundred eighty-eight, be calculated at two and one-half percent; for fiscal year one thousand nine hundred eighty-nine, be calculated at two percent of the pool; for fiscal year one thousand nine hundred ninety, be calculated at one and seven-tenths percent of the pool; and for fiscal year one thousand nine hundred ninety-one and each fiscal year thereafter, be calculated at one and four-tenths percent of the pool: Provided, That out of the amount realized from the three tenths of one percent decrease in the tax effective for fiscal year one thousand nine hundred ninety-one and thereafter, which decrease correspondingly increases the amount of commission retained by the licensee, the licensee shall annually expend or dedicate: (i) One half of the realized amount for capital improvements in its barn area at the track, subject to the racing commission's prior approval of the plans for the improvements; and (ii) the remaining one half of the realized amount for capital improvements as the licensee may determine appropriate at the track. The term 'capital improvement' shall be as defined by the Internal Revenue Code: Provided, however, That any racing association operating a horse racetrack in this state having an average daily pari-mutuel pool on horse racing of two hundred eighty thousand dollars or less per day for the race meetings of the preceding calendar year shall, in lieu of payment of the pari-mutuel pool tax, calculated as in this subsection, be permitted to conduct pari-mutuel wagering at the horse racetrack on the basis of a daily pari-mutuel pool tax fixed as follows: On the daily pari-mutuel pool not exceeding three hundred thousand dollars the daily pari-mutuel pool tax shall be one thousand dollars plus the otherwise applicable percentage rate imposed by this subsection of the daily pari-mutuel pool, if any, in excess of three hundred thousand dollars: Provided further, That upon the effective date of the reduction of the daily pari-mutuel pool tax to one thousand dollars from the former two thousand dollars, the association or licensee shall daily deposit five hundred dollars into the special fund for regular purses established by subdivision (1), subsection (b), section nine of this article: And provided further, That if an association or licensee qualifying for the foregoing alternate tax conducts more than one racing performance, each consisting of up to thirteen races in a calendar day, the association or licensee shall pay both the daily license tax imposed in subsection (a) of this section and the alternate tax in this subsection for each performance: And provided further, That a licensee qualifying for the foregoing alternate tax is excluded from participation in the fund established by section thirteen-b of this article: And provided further, That this exclusion shall not apply to any thoroughbred racetrack at which the licensee has participated in the West Virginia thoroughbred development fund for more than four consecutive years prior to the thirty-first day of December, one thousand nine hundred ninety-two.
(c) Any racing association licensed by the racing commission to conduct harness racing and permitting and conducting pari-mutuel wagering under the provisions of this article shall, in addition to the daily license tax required under subsection (a) of this section, pay to the racing commission, from the commission deducted each day by the licensee from the pari-mutuel pools on harness racing, as a tax, three percent of the first one hundred thousand dollars wagered, or any part thereof; four percent of the next one hundred fifty thousand dollars; and five and three-fourths percent of all over that amount wagered each day in all pari-mutuel pools conducted or made at any and every harness race meeting of the licensee licensed under the provisions of this article.
(d) Any racing association licensed by the racing commission to conduct dog racing and permitting and conducting pari-mutuel wagering under the provisions of this article shall, in addition to the daily license tax required under subsection (a) of this section, pay to the racing commission, from the commission deducted each day by the licensee from the pari-mutuel pools on dog racing, as a tax, four percent of the first fifty thousand dollars or any part thereof of the pari-mutuel pools, five percent of the next fifty thousand dollars of the pari-mutuel pools, six percent of the next one hundred thousand dollars of the pari-mutuel pools, seven percent of the next one hundred fifty thousand dollars of the pari-mutuel pools, and eight percent of all over three hundred fifty thousand dollars wagered each day: Provided, That the licensee shall deduct daily from the pari-mutuel tax an amount equal to one tenth of one percent of the daily pari-mutuel pools in dog racing in fiscal year one thousand nine hundred ninety; fifteen hundredths of one percent in fiscal year one thousand nine hundred ninety-one; two tenths of one percent in fiscal year one thousand nine hundred ninety-two; one quarter of one percent in fiscal year one thousand nine hundred ninety-three; and three tenths of one percent in fiscal year one thousand nine hundred ninety-four and every fiscal year thereafter. The amounts deducted shall be paid to the racing commission to be deposited by the racing commission in a banking institution of its choice in a special account to be known as 'West Virginia Racing Commission-Special Account-West Virginia Greyhound Breeding Development Fund'. The purpose of the fund is to promote better breeding, a training facility and racing of greyhounds in the state through awards and purses to bona fide resident registered greyhound owners of accredited West Virginia whelped greyhounds. In order to be eligible to receive an award or purse through the fund, the registered greyhound owner of the accredited West Virginia whelped greyhound must be a bona fide resident of this state. To qualify as a bona fide resident of West Virginia, a registered greyhound owner may not claim residency in any other state. A registered greyhound owner must prove bona fide residency by providing to the commission personal income tax returns filed in the state of West Virginia for the most recent tax year and the three previous tax years, has real or personal property in this state on which the owner has paid real or personal property taxes during the most recent tax year and the previous three tax years and an affidavit stating that the owner claims no other state of residency. The racing commission and the West Virginia registered greyhound owners and breeders association shall maintain a registry for West Virginia bred greyhounds. The moneys shall be expended by the racing commission for purses for stake races, supplemental purse awards, administration, promotion and educational programs involving West Virginia whelped dogs, owned by residents of this state under rules promulgated by the racing commission. The racing commission shall pay out of the greyhound breeding development fund to each of the licensed dog racing tracks the sum of seventy-five thousand dollars for the fiscal year ending the thirtieth day of June, one thousand nine hundred ninety-four. The licensee shall deposit the sum into the special fund for regular purses established under the provisions of section nine of this article. The funds shall be expended solely for the purpose of supplementing regular purses under rules promulgated by the racing commission.
Supplemental purse awards will be distributed as follows: Supplemental purses shall be paid directly to the registered greyhound owner of an accredited greyhound.
The registered greyhound owner of accredited West Virginia whelped greyhounds that earn a purse points at any West Virginia meet will receive a bonus award calculated at the end of each month as a percentage of the fund dedicated to the owners as purse supplements, which shall be a minimum of fifty percent of the total moneys deposited into the West Virginia greyhound breeding development fund monthly.
The total amount of the fund available for the owners' awards shall be distributed according to the ratio of purses points earned by an accredited greyhound to the total amount earned in races by all accredited West Virginia whelped greyhounds for that month as a percentage of the funds dedicated to the owners' purse supplements. The point value at all greyhound tracks shall be the same as approved by the racing commission to be effective April 1, 2007.
The registered greyhound owner of an accredited West Virginia whelped greyhound shall file a purse distribution form with the racing commission for a percentage of his or her dog's earnings to be paid directly to the registered greyhound owner or owners of the greyhound. Distribution shall be made on the fifteenth day of each month for the preceding month's achievements.
In no event shall purses points earned at a meet held at a track which did not make contributions to the West Virginia greyhound breeder's development fund out of the daily pool on the day the meet was held qualify or count toward eligibility for supplemental purse awards.
Any balance in the purse supplement funds after all distributions have been made for the year revert to the general account of the fund for distribution in the following year; Provided, That not more than one million dollars from the balance in the purse supplemental fund shall be used for the construction and maintenance of a dog training track and facilities if such be approved by the West Virginia Racing Commission. The West Virginia Racing Commission shall be authorized to promulgate rules governing dog training tracks.
In an effort to further promote the breeding of quality West Virginia whelped greyhounds, a bonus purse supplement shall be established in the amount of fifty thousand dollars per annum, to be paid in equal quarterly installments of twelve thousand five hundred dollars per quarter using the same method to calculate and distribute these funds as the regular supplemental purse awards. This bonus purse supplement is for three years only, commencing on the first day of July, one thousand nine hundred ninety-three, and ending the thirtieth day of June, one thousand nine hundred ninety-six. This money would come from the current existing balance in the greyhound development fund.
Each pari-mutuel greyhound track shall provide stakes races for accredited West Virginia whelped greyhounds: Provided, That each pari-mutuel track shall have one juvenile and one open stake race annually. To assure breeders of accredited West Virginia whelped greyhounds an opportunity to participate in the West Virginia Greyhound Breeding Development Fund the West Virginia Racing Commission by the first day of July 1 each year shall establish and announce the minimum number of accredited West Virginia whelped greyhounds that greyhound racing kennels at West Virginia dog tracks must have on their racing active list during the calendar year following such action. The minimum number may vary from dog track to dog track. The minimum number shall be established after consultation with the West Virginia Greyhound Owners and Breeders Association and kennel owners and operators. Factors to be considered in establishing this minimum number shall be the number of individually registered accredited West Virginia whelped greyhounds whelped in the previous two years. The number of all greyhounds seeking qualification at each West Virginia dog track, the ratio of active running greyhounds to housed number of greyhounds at each West Virginia dog track, and the size and number of racing kennels at each West Virginia dog track. Any greyhound racing kennel not having the minimum number of accredited West Virginia whelped greyhounds determined by the West Virginia Racing Commission on their active list shall only be permitted to race the maximum allowable number on the active list less the number of accredited West Virginia whelped greyhounds below the established minimum number. Consistent violations of this minimum requirement may for review by the Racing Commission and may constitute cause for denial or revocation of a kennel's racing license. The racing commission shall oversee and approve racing schedules and purse amounts.
Ten percent of the deposits into the greyhound breeding development fund beginning the first day of July, one thousand nine hundred ninety-three and continuing each year thereafter, shall be withheld by the racing commission and placed in a special revenue account hereby created in the state treasury called the 'administration, promotion and educational and capital improvement account'. The racing commission is authorized to expend the moneys deposited in the administration, promotion and educational and capital improvement account at such times and in such amounts as the commission determines to be necessary for purposes of administering and promoting the greyhound development program: Provided, That beginning with fiscal year one thousand nine hundred ninety-five and in each fiscal year thereafter in which the commission anticipates spending any money from the account, the commission shall submit to the executive department during the budget preparation period prior to the Legislature convening before that fiscal year for inclusion in the executive budget document and budget bill, the recommended expenditures, as well as requests of appropriations for the purpose of administration, promotion and education. The commission shall make an annual report to the Legislature on the status of the administration, promotion and education account, including the previous year's expenditures and projected expenditures for the next year.
The racing commission, for the fiscal year one thousand nine hundred ninety-four only, may expend up to thirty-five thousand dollars from the West Virginia greyhound breeding development fund to accomplish the purposes of this section without strictly following the requirements in the previous paragraph.
(e) All daily license and pari-mutuel pools tax payments required under the provisions of this section shall be made to the racing commission or its agent after the last race of each day of each horse or dog race meeting, and the pari-mutuel pools tax payments shall be made from all contributions to all pari-mutuel pools to each and every race of the day.
(f) Every association or licensee subject to the provisions of this article, including the changed provisions of sections nine and ten of this article, shall annually submit to the racing commission and the Legislature financial statements, including a balance sheet, income statement, statement of change in financial position and an audit of any electronic data system used for pari- mutuel tickets and betting, prepared in accordance with generally accepted auditing standards, as certified by an experienced public accountant or a certified public accountant.
§19-23-13b. West Virginia Thoroughbred Development Fund; distribution; restricted races; nonrestricted purse supplements; preference for West Virginia accredited thoroughbreds.

(a) The Racing Commission shall deposit moneys required to be withheld by an association or licensee in subsection (b), section nine of this article in a banking institution of its choice in a special account to be known as 'West Virginia Racing Commission Special Account -- West Virginia Thoroughbred Development Fund': Provided, That after the West Virginia Lottery Commission has divided moneys between the West Virginia Thoroughbred Development Fund and the West Virginia Greyhound Breeding Development Fund pursuant to the provisions of sections ten and ten-b, article twenty-two-a, chapter twenty-nine of this code, the Racing Commission shall, beginning the first day of October, two thousand five, deposit the remaining moneys required to be withheld from an association or licensee designated to the Thoroughbred Development Fund under the provisions of subsection (b), section nine of this article, subdivision (3), subsection (e), section twelve-b of this article, subsection (b), section twelve-c of this article, paragraph (B), subdivision (3), subsection (b), section thirteen-c of this article and sections ten and ten-b, article twenty-two-a, chapter twenty-nine of this code into accounts for each thoroughbred racetrack licensee with a banking institution of its choice with a separate account for each association or licensee. Each separate account shall be a special account to be known as 'West Virginia Racing Commission Special Account - West Virginia Thoroughbred Development Fund' and shall name the licensee for which the special account has been established: Provided, however, That the Racing Commission shall deposit all moneys paid into the Thoroughbred Development Fund by a thoroughbred racetrack licensee that did not participate in the Thoroughbred Development Fund for at least four consecutive calendar years prior to the thirty-first day of December, one thousand nine hundred ninety-two from the eighth day of July, two thousand five until the effective date of the amendment to this section passed during the fourth extraordinary session of the seventy-seventh Legislature shall be paid into the purse fund of that thoroughbred racetrack licensee: Provided further, That the moneys paid into the Thoroughbred Development Fund by a thoroughbred racetrack licensee that did not participate in the Thoroughbred Development Fund for at least four consecutive calendar years prior to the thirty-first day of December, one thousand nine hundred ninety-two, shall be transferred into that licensee's purse fund until the first day of April, two thousand six. Notice of the amount, date and place of the deposits shall be given by the Racing Commission, in writing, to the State Treasurer. The purpose of the funds is to promote better breeding and racing of thoroughbred horses in the state through awards and purses for accredited breeders/raisers, sire owners and thoroughbred race horse owners: And provided further, That five percent of the deposits required to be withheld by an association or licensee in subsection (b), section nine of this article shall be placed in a special revenue account hereby created in the State Treasury called the 'Administration and Promotion Account'.
(b) The Racing Commission is authorized to expend the moneys deposited in the administration and promotion account at times and in amounts as the Commission determines to be necessary for purposes of administering and promoting the thoroughbred development program: Provided, That during any fiscal year in which the Commission anticipates spending any money from the account, the Commission shall submit to the executive department during the budget preparation period prior to the Legislature convening before that fiscal year for inclusion in the executive budget document and budget bill the recommended expenditures, as well as requests of appropriations for the purpose of administration and promotion of the program. The Commission shall make an annual report to the Legislature on the status of the administration and promotion account, including the previous year's expenditures and projected expenditures for the next year.
(c) The fund or funds and the account or accounts established in subsection (a) of this section shall operate on an annual basis.
(d) Funds in the Thoroughbred Development Fund or funds in the separate accounts for each association or licensee as provided in subsection (a) of this section shall be expended for awards and purses except as otherwise provided in this section. Annually, the first three eight hundred thousand dollars of each fund shall be available for distribution for a minimum of fourteen accredited stakes races at a racetrack which has participated in the West Virginia Thoroughbred Development Fund for a period of more than four consecutive calender years prior to the thirty-first day of December, one thousand nine hundred ninety-two. The weights for all accredited stakes races shall be weight for age. One of the stakes races shall be the West Virginia Futurity and the second shall be the Frank Gall Memorial Stakes. For the purpose of participating in the West Virginia Futurity only, all mares, starting with the breeding season beginning the first day of February through the thirty-first day of July, two thousand four, and each successive breeding season thereafter shall be bred back that year to an accredited West Virginia stallion only which is registered with the West Virginia Thoroughbred Breeders Association. The remaining races may The accredited stake races shall be chosen by the committee set forth in subsection (f) of this section.
(e) Awards and purses shall be distributed as follows:
(1) The breeders/raisers of accredited thoroughbred horses that earn a purse at a participating West Virginia meet shall receive a bonus award calculated at the end of the year as a percentage of the fund dedicated to the breeders/raisers, which shall be sixty percent of the fund available for distribution in any one year. The total amount available for the breeders'/raisers' awards shall be distributed according to the ratio of purses earned by an accredited race horse to the total amount earned in the participating races by all accredited race horses for that year as a percentage of the fund dedicated to the breeders/raisers. However, no breeder/raiser may receive from the fund dedicated to breeders'/raisers' awards an amount in excess of the earnings of the accredited horse at West Virginia meets. In addition, should a horse's breeder and raiser qualify for the same award on the same horse, they will each be awarded one half of the proceeds. The bonus referred to in this subdivision may only be paid on the first one hundred thousand dollars of any purse and not on any amounts in excess of the first one hundred thousand dollars.
(2) The owner of a an accredited West Virginia sire of an accredited thoroughbred horse that earns a purse in any race at a participating West Virginia meet shall receive a bonus award calculated at the end of the year as a percentage of the fund dedicated to sire owners, which shall be fifteen percent of the fund available for distribution in any one year. The total amount available for the sire owners' awards shall be distributed according to the ratio of purses earned by the progeny of accredited West Virginia stallions in the participating races for a particular stallion to the total purses earned by the progeny of all accredited West Virginia stallions in the participating races. However, no sire owner may receive from the fund dedicated to sire owners an amount in excess of thirty-five percent of the accredited earnings for each sire. The bonus referred to in this subdivision shall only be paid on the first one hundred thousand dollars of any purse and not on any amounts in excess of the first one hundred thousand dollars.
(3) The owner of an accredited thoroughbred horse that earns a purse in any participating race at a West Virginia meet shall receive a restricted purse supplement award calculated at the end of the year, which shall be twenty-five percent of the fund available for distribution in any one year, based on the ratio of the earnings in the races of a particular race horse to the total amount earned by all accredited race horses in the participating races during that year as a percentage of the fund dedicated to purse supplements. However, the owners may not receive from the fund dedicated to purse supplements an amount in excess of thirty-five percent of the total accredited earnings for each accredited race horse. The bonus referred to in this subdivision shall only be paid on the first one hundred thousand dollars of any purse and not on any amounts in excess of the first one hundred thousand dollars.
(4) In no event may purses earned at a meet held at a track which did not make a contribution to the Thoroughbred Development Fund out of the daily pool on the day the meet was held qualify or count toward eligibility for an award under this subsection.
(5) Any balance in the breeders/raisers, sire owners and purse supplement funds after yearly distributions shall first be used to fund the races established in subsection (f) of this section. Any amount not so used shall revert into the general account of the Thoroughbred Development Fund for each racing association or licensee for distribution in the next year.
Distribution shall be made on the fifteenth day of each February for the preceding year's achievements.
(f) (1) Each pari-mutuel thoroughbred horse track shall provide at least one restricted race per racing day: Provided, That sufficient horses and funds are available. For purposes of this subsection, there are sufficient horses if there are at least seven single betting interests received for the race. Provided further, That, if sufficient horses and funds are available, any thoroughbred horse racetrack whose licensee participated in the Thoroughbred Development Fund for at least four consecutive calendar years prior to the thirty-first day of December one thousand nine hundred ninety-two, shall provide two restricted races per racing day, at least one of which may be split at the discretion of the racing secretary. The restricted race required by this section must be included in the first nine races written in the condition book for that racing day.
(2) The restricted races established in this subsection shall be administered by a three-member committee at each track consisting of:
(A) The racing secretary;
(B) A member appointed by the authorized representative of a majority of the owners and trainers at the thoroughbred track; and
(C) A member appointed by the West Virginia Thoroughbred Breeders Association.
(3) The purses for the restricted races established in this subsection shall be twenty percent larger than the purses for similar type races at each track or equal to or of greater value than a comparable race: Provided, That sufficient funds are available: Provided, however, That the twenty percent requirement is applicable only to a thoroughbred racetrack which has participated in the West Virginia Thoroughbred Development Fund for a period of more than four consecutive calender years prior to the thirty-first day of December, one thousand nine hundred ninety-two.
(4) (3) Restricted races shall be funded by each racing association from:
(A) Moneys placed in the general purse fund up to a maximum of three hundred fifty thousand dollars per year: Provided, That a thoroughbred horse racetrack which has did not participated in the West Virginia Thoroughbred Development fund for a period of more than four consecutive years prior to the thirty-first day of December, one thousand nine hundred ninety-two, may fund restricted races in an amount not to exceed one million five three hundred fifty thousand dollars per year from the general purse fund.
(B) Moneys as provided in subdivision (5), subsection (e) of this section, which shall be placed in a special fund called the 'West Virginia Accredited Race Fund'.
(5) (4) The racing schedules, purse amounts and types of races are subject to the approval of the West Virginia Racing Commission.
(6) (5) If less than seventy-five percent of the restricted races required by this subsection fail to receive enough entries to race, the Racing Commission shall, on a quarterly basis, dedicate funds in each fund back to the general purse fund of the racing association or licensee: Provided, That no moneys may be dedicated back to a general purse fund if the dedication would leave less than two hundred fifty thousand dollars in the fund.
(g) As used in this section, 'West Virginia bred-foal' means a horse that was born in the State of West Virginia.
(h) To qualify for the West Virginia Accredited Race Fund, the breeder must qualify under one of the following:
(1) The breeder of the West Virginia bred-foal is a West Virginia resident;
(2) The breeder of the West Virginia bred-foal is not a West Virginia resident, but keeps his or her breeding stock in West Virginia year round; or
(3) The breeder of the West Virginia bred-foal is not a West Virginia resident and does not qualify under subdivision (2) of this subsection, but either the sire of the West Virginia bred-foal is a West Virginia stallion, or the mare is covered only by a West Virginia accredited stallion or stallions before December 31 of the calendar year following the birth of that West Virginia bred-foal.
(i) From the first day of July, two thousand one, West Virginia accredited thoroughbred horses have preference for entry in all accredited races at a thoroughbred race track at which the licensee participates in the West Virginia Thoroughbred Development Fund.
(j) Beginning the first day of July, two thousand six, any racing association licensed by the Racing Commission to conduct thoroughbred racing and permitting and conducting pari-mutuel wagering under the provisions of this article must have a West Virginia Thoroughbred Racing Breeders Program.
(k) The Commission shall, during calendar year two thousand nine, conduct a study of the adequacy of funding provided for the Thoroughbred Development Fund at any thoroughbred racetrack which has not participated in the West Virginia Thoroughbred Development Fund for a period of more than four consecutive calendar years prior to the thirty-first day of December, one thousand nine hundred ninety-two, and shall report its findings and recommendations to the Joint Committee on Government and Finance on or before the first day of December, two thousand nine."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 2406 - "A Bill to amend and reenact §19-23-3 of the Code of West Virginia, 1931, as amended, and to amend and reenact the provisions of §19-23-13b, all relating to horse and dog racing generally; providing that in the event a yearling was born in another state and transported to this state, the definition of 'Raiser of an accredited West Virginia horse' does not apply to any pari-mutuel racing facility in Jefferson County; providing for a five-year sunset provision relative to the applicability of this definition at any pari-mutuel racing facility Jefferson County; requiring accreditation to the qualification of a West Virginia sire; adding a minimum of fourteen stakes horse races at Charles Town for restricted races; adding two restricted per racing day where sufficient horses and purse funds are available; providing funding for additional races at Charles Town; and continuing limitation on certain purse funds at Mountaineer Park."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 490), and there were--yeas 78, nays 20, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Border, Canterbury, Cowles, Evans, Ireland, Lane, C. Miller, Moye, Overington, Porter, Rodighiero, Romine, Rowan, Schadler, Sobonya, Stephens, Sumner and Tansill.
Absent and Not Voting: Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2406) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Special Calendar

Third Reading

S. B. 667, Creating WV Andrew J. Trail Purple Heart Recipient College Bill of Rights Act of 2007; 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. 491), 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: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 667) passed.
An amendment to the title of the bill, recommended by the Committee on Education, was reported by the Clerk and adopted, amending the title to read as follows:
S. B. 667 - "A Bill to amend and reenact §15-1B-21 of the Code of West Virginia, 1931, as amended; and to further amend said code by adding thereto a new section, designated §18B-10-10, all relating to providing certain student financial aid for certain military service; providing for the payment of tuition and certain fees for members of the West Virginia Army National Guard and West Virginia Air National Guard enrolled in certain graduate study; and providing tuition and certain fee waivers to certain military recipients of the Medal of Honor or a Purple Heart Medal."
Delegate DeLong moved that the bill take effect July 1, 2007.
On this question, the yeas and nays were taken (Roll No. 492), 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: Talbott 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. 667) takes effect July 1, 2007.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Conference Committee Report Availability

At 8:42 p.m., the Clerk announced the availability in his office of the report of the Committee of Conference on H. B. 2568.
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. 2558, Relating to donation and transfer of surplus personal computers and other information systems, technology and equipment for educational purposes.
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 striking out everything after the enacting clause and inserting in lieu thereof the following:
"That §18B-5-8 of the Code of West Virginia, 1931, as amended, be repealed; that §5A-6-4 of said code be amended and reenacted; that §18B-1B-3 of said code be amended and reenacted; that §18B-2A-1 of said code be amended and reenacted; that said code be amended by adding thereto a new section, designated §18B-2A-9; that §18B-2B-3 and §18B-2B-5 of said code be amended and reenacted; that §18B-9-4 of said code be amended and reenacted; and that §18C-3-1 of said code be amended and reenacted, all to read as follows:
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.

ARTICLE 6. OFFICE OF TECHNOLOGY.
§5A-6-4. Powers and duties of the Chief Technology Officer; generally.
(a) With respect to all state spending units the Chief Technology Officer may:
(1) Develop an organized approach to information resource management for this state;
(2) Provide, with the assistance of the Information Services and Communications Division of the Department of Administration, technical assistance to the administrators of the various state spending units in the design and management of information systems;
(3) Evaluate, in conjunction with the Information Services and Communications Division, the economic justification, system design and suitability of information equipment and related services, and review and make recommendations on the purchase, lease or acquisition of information equipment and contracts for related services by the state spending units;
(4) Develop a mechanism for identifying those instances where systems of paper forms should be replaced by direct use of information equipment and those instances where applicable state or federal standards of accountability demand retention of some paper processes;
(5) Develop a mechanism for identifying those instances where information systems should be linked and information shared, while providing for appropriate limitations on access and the security of information;
(6) Create new technologies to be used in government, convene conferences and develop incentive packages to encourage the utilization of technology;
(7) Engage in any other activities as directed by the Governor;
(8) Charge a fee to the state spending units for evaluations performed and technical assistance provided under the provisions of this section. All fees collected by the Chief Technology Officer shall be deposited in a special account in the State Treasury to be known as the Chief Technology Officer Administration Fund. Expenditures from the fund shall be made by the Chief Technology Officer for the purposes set forth in this article and are not authorized from collections, but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article three, chapter twelve of this code and upon the fulfillment of the provisions set forth in article two, chapter eleven-b of this code: Provided, That the provisions of section eighteen, article two, chapter eleven-b of this code shall not operate to permit expenditures in excess of the spending authority authorized by the Legislature. Amounts collected which are found to exceed the funds needed for purposes set forth in this article may be transferred to other accounts or funds and redesignated for other purposes by appropriation of the Legislature;
(9) Monitor trends and advances in information technology and technical infrastructure;
(10) Direct the formulation and promulgation of policies, guidelines, standards and specifications for the development and maintenance of information technology and technical infrastructure, including, but not limited to:
(A) Standards to support state and local government exchange, acquisition, storage, use, sharing and distribution of electronic information;
(B) Standards concerning the development of electronic transactions, including the use of electronic signatures;
(C) Standards necessary to support a unified approach to information technology across the totality of state government, thereby assuring that the citizens and businesses of the state receive the greatest possible security, value and convenience from investments made in technology;
(D) Guidelines directing the establishment of statewide standards for the efficient exchange of electronic information and technology, including technical infrastructure, between the public and private sectors;
(E) Technical and data standards for information technology and related systems to promote efficiency and uniformity;
(F) Technical and data standards for the connectivity, priorities and interoperability of technical infrastructure used for homeland security, public safety and health and systems reliability necessary to provide continuity of government operations in times of disaster or emergency for all state, county and local governmental units; and
(G) Technical and data standards for the coordinated development of infrastructure related to deployment of electronic government services among state, county and local governmental units;
(11) Periodically evaluate the feasibility of subcontracting information technology resources and services, and to subcontract only those resources that are feasible and beneficial to the state;
(12) Direct the compilation and maintenance of an inventory of information technology and technical infrastructure of the state, including infrastructure and technology of all state, county and local governmental units, which may include personnel, facilities, equipment, goods and contracts for service, wireless tower facilities, geographic information systems and any technical infrastructure or technology that is used for law enforcement, homeland security or emergency services;
(13) Develop job descriptions and qualifications necessary to perform duties related to information technology as outlined in this article; and
(14) Promulgate legislative rules, in accordance with the provisions of chapter twenty-nine-a of this code, as may be necessary to standardize and make effective the administration of the provisions of article six of this chapter.
(b) With respect to executive agencies, the Chief Technology Officer may:
(1) Develop a unified and integrated structure for information systems for all executive agencies;
(2) Establish, based on need and opportunity, priorities and time lines for addressing the information technology requirements of the various executive agencies of state government;
(3) Exercise authority delegated by the Governor by executive order to overrule and supersede decisions made by the administrators of the various executive agencies of government with respect to the design and management of information systems and the purchase, lease or acquisition of information equipment and contracts for related services;
(4) Draw upon staff of other executive agencies for advice and assistance in the formulation and implementation of administrative and operational plans and policies; and
(5) Recommend to the Governor transfers of equipment and human resources from any executive agency and the most effective and efficient uses of the fiscal resources of executive agencies, to consolidate or centralize information-processing operations. ;
(6) Create and implement a program to refurbish and donate state surplus computers which are no more than four years old from state agencies to public schools and low-income school children.
(A) The Chief Technology Officer is encouraged to collaborate with other agencies including, but not limited to, the State Board of Education; the Department of Education's Division of Technical and Adult Services; Regional Education Service Agencies; the Division of Corrections; Prison Industries; and private technology industries in creating and establishing this program.
(B) Surplus computers to be donated pursuant to this subdivision are not subject to the provisions of sections forty-four and forty-five, article three of this chapter; and
(C) The Chief Technology Officer shall consult with and provide any necessary assistance to any governing board of an institution of higher education creating a computer and computer equipment donation program under section nine, article two-a, chapter eighteen-b of this code; and
(7) Study the feasability of recycling obsolete computers, computer equipment and other technology equipment.

(c) The Chief Technology Officer may employ the personnel necessary to carry out the work of the Office of Technology and may approve reimbursement of costs incurred by employees to obtain education and training.
(d) The Chief Technology Officer shall develop a comprehensive, statewide, four-year strategic information technology and technical infrastructure policy and development plan to be submitted to the Governor and the Joint Committee on Government and Finance. A preliminary plan shall be submitted by the first day of December, two thousand six, and The final plan shall be submitted by the first day of June, two thousand seven. The plan shall include, but not be limited to:
(A) A discussion of specific projects to implement the plan;
(B) A discussion of the acquisition, management and use of information technology by state agencies;
(C) A discussion of connectivity, priorities and interoperability of the state's technical infrastructure with the technical infrastructure of political subdivisions and encouraging the coordinated development of facilities and services regarding homeland security, law enforcement and emergency services to provide for the continuity of government operations in times of disaster or emergency;
(D) A discussion identifying potential market demand areas in which expanded resources and technical infrastructure may be expected;
(E) A discussion of technical infrastructure as it relates to higher education and health;
(F) A discussion of the use of public-private partnerships in the development of technical infrastructure and technology services; and
(G) A discussion of coordinated initiatives in website architecture and technical infrastructure to modernize and improve government to citizen services, government to business services, government to government relations and internal efficiency and effectiveness of services, including a discussion of common technical data standards and common portals to be utilized by state, county and local governmental units.
(e) The Chief Technology Officer shall oversee telecommunications services used by state spending units for the purpose of maximizing efficiency to the fullest possible extent. The Chief Technology Officer shall establish microwave or other networks and LATA hops; audit telecommunications services and usage; recommend and develop strategies for the discontinuance of obsolete or excessive utilization; participate in the renegotiation of telecommunications contracts; and encourage the use of technology and take other actions necessary to provide the greatest value to the state.
CHAPTER 18B. HIGHER EDUCATION.

ARTICLE 1B. HIGHER EDUCATION POLICY COMMISSION.
§18B-1B-3. Meetings and compensation.
(a) The secretary of education and the arts shall call the initial meeting of the commission and preside until a chairperson is selected. Thereafter, The commission shall meet as needed at the time and place specified by the call of the chairperson.
(b) The commission shall hold an annual meeting at the final, regularly scheduled meeting of each fiscal year each June for the purpose of electing officers. for the next fiscal year. At the annual meeting, the commission shall elect from its members appointed by the governor a chairperson and other officers as it may consider necessary or desirable. Provided, That the initial meeting for the purpose of selecting the first chairperson and other officers shall be held during July, two thousand, or as soon thereafter as practicable. All officers shall be are elected from the citizen appointees. The chairperson and other officers shall be are elected for a one-year term commencing on the first day of July following the annual meeting and ending on the thirtieth day of June of the following year. Provided, however, That the terms of officers elected in July, two thousand, begin upon election and end on the thirtieth day of June, two thousand one. The chairperson of the board commission may serve no more than two four consecutive terms as chair.
(c) Members of the commission shall be reimbursed for actual and necessary expenses incident to the performance of their duties upon presentation of an itemized sworn statement thereof of their expenses. The foregoing reimbursement for actual and necessary expenses shall be paid from appropriations made by the Legislature to the commission.
(d) A majority of the members constitutes a quorum for conducting the business of the commission.
ARTICLE 2A. INSTITUTIONAL BOARDS OF GOVERNORS.
§18B-2A-1. Composition of boards; terms and qualifications of members; vacancies; eligibility for reappointment.

(a) A board of governors is continued at each of the following institutions: Bluefield State College, Blue Ridge Community and Technical College, Concord University, Eastern West Virginia Community and Technical College, Fairmont State University, Glenville State College, Marshall University, New River Community and Technical College, Shepherd University, Southern West Virginia Community and Technical College, West Liberty State College, West Virginia Northern Community and Technical College, the West Virginia School of Osteopathic Medicine, West Virginia State University and West Virginia University.
(b) The institutional board of governors for Marshall University consists of sixteen persons and the institutional board of governors for West Virginia University consists of eighteen persons. Each other board of governors consists of twelve persons.
(c) Each board of governors includes the following members:
(1) A full-time member of the faculty with the rank of instructor or above duly elected by the faculty of the respective institution;
(2) A member of the student body in good academic standing, enrolled for college credit work and duly elected by the student body of the respective institution;
(3) A member from the institutional classified employees duly elected by the classified employees of the respective institution; and
(4) For the institutional board of governors at Marshall University, twelve lay members appointed by the Governor, by and with the advice and consent of the Senate, pursuant to this section and, additionally, the chairperson of the institutional board of advisors of Marshall Community and Technical College serving as an ex officio, voting member.
(5) For the institutional board of governors at West Virginia University, twelve lay members appointed by the Governor, by and with the advice and consent of the Senate, pursuant to this section and, additionally, the chairpersons of the following boards serving as ex officio, voting members:
(A) The institutional board of advisors of:
(i) The Community and Technical College at West Virginia University Institute of Technology; and
(ii) West Virginia University at Parkersburg; and
(B) The Board of Visitors of West Virginia University Institute of Technology.
(6) For each institutional board of governors of an institution that does not have an administratively linked community and technical college under its jurisdiction, nine lay members appointed by the Governor, by and with the advice and consent of the Senate, pursuant to this section.
(7) For each institutional board of governors which has an administratively linked community and technical college under its jurisdiction:
(A) Eight lay members appointed by the Governor, by and with the advice and consent of the Senate, pursuant to this section and, additionally, the chairperson of the institutional board of advisors of the administratively linked community and technical college; and
(B) Of the eight lay members appointed by the Governor, one shall be the superintendent of a county board of education from the area served by the institution.
(d) Of the eight or nine members appointed by the Governor, no more than five may be of the same political party. Of the twelve members appointed by the Governor to the governing boards of Marshall University and West Virginia University, no more than seven may be of the same political party. Of the eight or nine members appointed by the Governor, at least six shall be residents of the state. Of the twelve members appointed by the Governor to the governing boards of Marshall University and West Virginia University, at least eight shall be residents of the state.
(e) The student member serves for a term of one year. Each term begins on the first day of July.
(f) The faculty member serves for a term of two years. Each term begins on the first day of July. Faculty members are eligible to succeed themselves for three additional terms, not to exceed a total of eight consecutive years.
(g) The member representing classified employees serves for a term of two years. Each term begins on the first day of July. Members representing classified employees are eligible to succeed themselves for three additional terms, not to exceed a total of eight consecutive years.
(h) The appointed lay citizen members serve terms of four years each and are eligible to succeed themselves for no more than one additional term.
(i) A vacancy in an unexpired term of a member shall be filled for the unexpired term within thirty days of the occurrence of the vacancy in the same manner as the original appointment or election. Except in the case of a vacancy, all elections shall be held and all appointments shall be made no later than the thirtieth day of June preceding the commencement of the term. Each board of governors shall elect one of its appointed lay members to be chairperson in June of each year. A member may not serve as chairperson for more than two four consecutive years.
(j) The appointed members of the institutional boards of governors serve staggered terms of four years.
(k) A person is ineligible for appointment to membership on a board of governors of a state institution of higher education under the following conditions:
(1) For a baccalaureate institution or university, a person is ineligible for appointment who is an officer, employee or member of any other board of governors, a member of an institutional board of advisors of any public institution of higher education, an employee of any institution of higher education, an officer or member of any political party executive committee, the holder of any other public office or public employment under the government of this state or any of its political subdivisions or a member of the council or commission. This subsection does not prevent the representative from the faculty, classified employees, students or chairpersons of the boards of advisors or the superintendent of a county board of education from being members of the governing boards.
(2) For a community and technical college, a person is ineligible for appointment who is an officer, employee or member of any other board of governors; a member of an institutional board of advisors of any public institution of higher education; an employee of any institution of higher education; an officer or member of any political party executive committee; the holder of any other public office, other than an elected county office, or public employment, other than employment by the county board of education, under the government of this state or any of its political subdivisions; or a member of the council or commission. This subsection does not prevent the representative from the faculty, classified employees, students or chairpersons of the boards of advisors from being members of the governing boards.
(l) Before exercising any authority or performing any duties as a member of a governing board, each member shall qualify as such by taking and subscribing to the oath of office prescribed by section five, article IV of the Constitution of West Virginia and the certificate thereof shall be filed with the Secretary of State.
(m) A member of a governing board appointed by the Governor may not be removed from office by the Governor except for official misconduct, incompetence, neglect of duty or gross immorality and then only in the manner prescribed by law for the removal of the state elective officers by the Governor.
(n) The president of the institution shall make available resources of the institution for conducting the business of its board of governors. The members of the board of governors serve without compensation, but are reimbursed for all reasonable and necessary expenses actually incurred in the performance of official duties under this article upon presentation of an itemized sworn statement of expenses. All expenses incurred by the board of governors and the institution under this section are paid from funds allocated to the institution for that purpose.
§18B-2A-9. Computer and computer equipment donation program.
(a) Notwithstanding any other provision of this code to the contrary, the governing boards may create a program to donate surplus computers and computer-related equipment to education facilities, nonprofit organizations, juvenile detention centers, municipal and county public safety offices and other public, charitable or educational enterprises or organizations in this state.
(b) Only equipment which otherwise would be transferred to the Surplus Property Unit of the Purchasing Division may be donated;
(c) Each governing board which chooses to create a computer and computer equipment donation program pursuant to this section shall:
(1) Consult with the state's Chief Technology Officer before creating the program;
(2) Keep records and accounts that clearly identify the equipment donated, the age of the equipment, the reasons for declaring it obsolete and the name of the education facility, nonprofit organization, juvenile detention center, municipal or county public safety office or other public, charitable or educational enterprise or organization to which the equipment was donated; and
(3) Promulgate a rule in accordance with the provisions of section six, article one of this chapter to implement the donation program.
The rule shall contain at least the following:
(A) Specific procedures to be used for record keeping; and
(B) Provisions for fair and impartial selection of equipment recipients.
ARTICLE 2B. WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION.

§18B-2B-3. West Virginia Council for Community and Technical College Education; supervision of chancellor; chief executive officer.

(a) There is continued the West Virginia Council for Community and Technical College Education. The council has all the powers and duties assigned by law to the Joint Commission for Vocational-Technical-Occupational Education prior to the effective date of this section and such other powers and duties as may be assigned by law.
(b) Chancellor for Community and Technical College Education.
(1) The council shall employ a chancellor for community and technical college education. The chancellor serves as chief executive officer of the council at the will and pleasure of the council. The chancellor shall be is compensated at a level set by the council not to exceed eighty percent of the average annual salary of the chancellor for higher education chief executive officers of the state systems of higher education in the states that comprise the membership of the Southern Regional Education Board.
(1) The vice chancellor for community and technical college education and workforce development, as the current chief executive officer of the council, shall continue in such capacity upon the effective date of this section, and shall be the chancellor for community and technical college education.
(A) The council shall conduct a written performance evaluation of the chancellor one year after the effective date of this section. The council shall report the results of the evaluation to the legislative oversight commission on education accountability during the legislative interim meeting period following the evaluation.
(B) After reviewing the evaluation, the council shall make a determination by vote of its members on continuing employment and compensation level for the chancellor.
(C) (2) After the initial contract period, the council shall conduct written performance evaluations of the chancellor annually and may offer the chancellor a contract of longer term, but not to exceed three years. At the end of each contract period, the council shall review the evaluations and make a determination by vote of its members on continuing employment and level of compensation.
(D) (3) When a vacancy occurs in the position of chancellor, the council shall enter into an initial employment contract for one year with the candidate selected to fill the vacancy. At the end of the initial period, the council shall make a determination by vote of its members on continuing employment and compensation level for the chancellor and shall continue thereafter as set forth in paragraph (C) subdivision (2) of this subdivision subsection.
(2) The chancellor maintains all benefits of employment held, accrued and afforded as the vice chancellor for community and technical college education and workforce development. Such benefits include, but are not limited to, retirement benefits, continued membership in the same retirement system, any insurance coverage and sick and annual leave. For the purposes of leave conversion established in section thirteen, article sixteen, chapter five of this code, the chancellor is not a new employee, and the prohibition on conversion does not apply if the chancellor was eligible for leave conversion while serving as vice chancellor on the day preceding the effective date of this section. On the effective date of this section, for the purpose of section thirteen, article sixteen, chapter five of this code, the chancellor:
(A) Maintains all sick and annual leave accrued, and all rights to convert the leave that had been accrued as vice chancellor; and
(B) Continues to maintain his or her status for eligibility under the provisions and application of said section as applied while serving as vice chancellor on the day preceding the effective date of this section.
§18B-2B-5. Meetings and compensation.
(a) The council shall hold at least eight meetings annually and may meet more often meet as needed at the time and place specified at the call of the chairperson. One such meeting each year shall be a public forum for the discussion of the goals and standards for workforce development, economic development and vocational education in the state.
(b) The council shall hold an annual meeting at its final, regularly scheduled meeting of each fiscal year each June for the purpose of electing officers. for the next fiscal year. At the annual meeting, the council shall elect from its appointed voting members a chairperson and other officers as it may consider necessary or desirable. The chairperson and other officers are shall be elected for two-year one-year terms commencing on the first day of July following the annual meeting and ending on the thirtieth day of June of the following year. The chairperson of the board council may serve no more than two four consecutive two-year one-year terms as chair. , except that the member serving as chairperson of the council on the effective date of this section is eligible to serve a two-year term regardless of the number of consecutive terms already served.
(c) Members of the council serve without compensation. Members shall be reimbursed for all reasonable and necessary expenses actually incurred in the performance of official duties under this article upon presentation of an itemized sworn statement of their expenses. An ex officio member of the council who is an employee of the state is shall be reimbursed by the employing agency.
(d) A majority of the voting members appointed constitutes a quorum for conducting the business of the council. All action taken by the council shall be by majority vote of the voting members present.
ARTICLE 9. CLASSIFIED EMPLOYEE SALARY SCHEDULE AND CLASSIFICATION SYSTEM.

§18B-9-4. Establishment of personnel classification system; assignment to classification and to salary schedule.

(a) The commission shall implement an equitable system of job classifications, with the advice and assistance of staff councils and other groups representing classified employees, each classification to consist of related job titles and corresponding job descriptions for each position within a classification, together with the designation of an appropriate pay grade for each job title, which system shall be the same for corresponding positions of the commission and in institutions under all governing boards. The equitable system of job classification and the rules establishing it which were in effect immediately prior to the effective date of this section are hereby transferred to the jurisdiction and authority of the commission and shall remain in effect unless modified or rescinded by the commission. (b) Any classified staff salary increases distributed within state institutions of higher education on the first day of July, two thousand one, shall be in accordance with the uniform employee classification system and a salary policy adopted by the interim governing board and approved by the commission. Any classified salary increases distributed within a state institution of higher education after the first day of July, two thousand one, shall be in accordance with the uniform classification system and a uniform and equitable salary policy adopted by each individual board of governors. Each salary policy shall detail the salary goals of the institution and the process whereby the institution will achieve or progress toward achievement of placing each classified employee at his or her minimum salary on the schedule established pursuant to section three of this article. (c) No classified employee defined as nonexempt from the wage and hour provisions of the Fair Labor Standards Act of 1938, as amended, may be paid an annual salary in excess of the salary established by the salary schedule for his or her pay grade and years of experience. A classified employees employee defined as exempt from the wage and hour provisions of the Fair Labor Standards Act of 1938, as amended, may receive a salary in excess of the salary established by the salary schedule for his or her pay grade and years of experience but only if all such exempt employees at the institution are receiving at least the minimum salary for their pay grade and years of experience as established for them by the salary schedule: Provided, That no exempt classified employee may receive a salary in excess of the highest salary provided for his or her pay grade in the salary schedule any salary increase must be provided in a manner that is consistent with the uniform classification system and the institution's salary policy.
CHAPTER 18C. STUDENT LOANS; SCHOLARSHIPS AND STATE AID.

ARTICLE 3. HEALTH PROFESSIONALS STUDENT LOAN PROGRAMS.
§18C-3-1. Health Education Loan Program; establishment; administration; eligibility and loan cancellation; required report.

(a) For the purposes of this section, "vice chancellor of administration" means the person employed pursuant to section two, article four, chapter eighteen-b of this code.
(b) There is continued a special revolving fund account under the commission in the State Treasury to be known as the Health Education Student Loan Fund which shall be used to carry out the purposes of this section. The fund consists of:
(1) All funds on deposit in the medical student loan fund in the state treasury or which are due or become due for deposit in the fund as obligations made under the previous enactment of this section;
(2) Those funds provided pursuant to the provisions of section four, article ten, chapter eighteen-b of this code;
(3) Appropriations provided by the Legislature;
(4) Repayment of any loans made under this section;
(5) Amounts provided by medical associations, hospitals or other medical provider organizations in this state, or by political subdivisions of the state, under an agreement which requires the recipient to practice his or her health profession in this state or in the political subdivision providing the funds for a predetermined period of time and in such capacity as set forth in the agreement; and
(6) Other amounts which may be available from external sources.
Balances remaining in the fund at the end of the fiscal year do not expire or revert. All costs associated with administering this section shall be paid from the Health Education Student Loan Fund.
(c) The vice chancellor for administration may utilize use any funds in the Health Education Student Loan Fund for the purposes of the Medical Student Loan Program. The commission shall give priority for the loans to residents of this state, as defined by the commission. An individual is eligible for loan consideration if the individual:
(1) Demonstrates financial need;
(2) Meets established academic standards;
(3) Is enrolled or accepted for enrollment at one of the aforementioned schools of medicine in a program leading to the degree of medical doctor (M.D.) or doctor of osteopathy (D.O.);
(4) The individual has not yet received one of the degrees provided in subdivision (3) of this subsection; and
(5) Is not in default of any previous student loan.
(d) At the end of each fiscal year, any individual who has received a medical student loan and who has rendered services as a medical doctor or a doctor of osteopathy in this state in a medically underserved area or in a medical specialty in which there is a shortage of physicians, as determined by the Division of Health at the time the loan was granted, may submit to the commission a notarized, sworn statement of service on a form provided for that purpose. Upon receipt of the statement the commission shall cancel five ten thousand dollars of the outstanding loan or loans for every full twelve consecutive calendar months of such service.
(e) No later than thirty days following the end of each fiscal year, the vice chancellor for administration shall prepare and submit a report to the commission for inclusion in the statewide report card required under section eight, article one-b, chapter eighteen-b of this code to be submitted to the Legislative Oversight Commission on Education Accountability established under section eleven, article three-a, chapter twenty-nine-a of this code. At a minimum, the report shall include the following information:
(1) The number of loans awarded;
(2) The total amount of the loans awarded;
(3) The amount of any unexpended moneys in the fund; and
(4) The rate of default during the previous fiscal year on the repayment of previously awarded loans."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 493), 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: Anderson, Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2558) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 494), 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: Anderson, Talbott 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 (Com. Sub. for H. B. 2558) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 2588, Reimbursing tuition and fees for courses for the renewal of teaching certificates.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page five, section three-a, line sixty-five, by striking out the word "herein" and inserting in lieu thereof the words "in this section".
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 495), 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: Anderson, Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2588) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 496), 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: Talbott 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 (Com. Sub. for H. B. 2588) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to recede from its amendment and requested the House of Delegates to agree to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses as to
Com. Sub. for H. B. 2709, Requiring the installation of fire hydrants at intervals of not more than every two thousand feet on all new installation of water mains.
The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:
Senators Fanning, Stollings and Facemyer.
On motion of Delegate DeLong, the House of Delegates agreed 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 Varner, Wysong and Lane.
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 recede from its amendment and requested the House of Delegates to agree to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses as to
Com. Sub. for H. B. 3161, Relating to the theft of oil, natural gas, water, telecommunications, electric and solid waste service.
The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:
Senators Jenkins, Hunter and Barnes.
On motion of Delegate DeLong, the House of Delegates agreed 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 Pino, Stemple and Hamilton.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Conference Committee Report Availability

At 8:53 p.m., the Clerk announced the availability in his office of the reports of the Committees of Conference on Com. Sub. for H. B. 2709 and S. B. 747.
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. 2763, Relating to persons performing financial examinations of insurers.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
"That §33-7-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §33-33-2 and §33-33-6 of said code be amended and reenacted, all to read as follows:
ARTICLE 7. ASSETS AND LIABILITIES.
§33-7-3. Assets not allowed.

In addition to assets impliedly excluded by the provisions of section one of this article, the following expressly shall not be allowed as assets in any determination of the financial condition of an insurer:
(a) Goodwill, trade names and other like intangible assets.

(b) Advances to officers (other than policy loans) whether secured or not, and advances to employees, agents and other persons on personal security only.
(c) Stock of the insurer, owned by it, or any equity therein or loans secured thereby, or any proportionate interest in the stock acquired or held through the ownership by the insurer of an interest in another firm, corporation or business unit.
(d) Furniture, fixtures, furnishings, safes, vehicles, libraries, stationery, literature and supplies, and except, in the case of any insurer, personal property the insurer is permitted to hold pursuant to article eight of this chapter, or which is acquired through foreclosure of chattel mortgages acquired pursuant to said article or which is reasonably necessary for the maintenance and operation of real estate lawfully acquired and held by the insurer other than real estate used by it for home office, branch office and similar purposes.
(e) The amount, if any, by which the aggregate book value of investments as carried in the ledger assets of the insurer exceeds the aggregate value thereof as determined under this chapter.
(f) Receivables due from affiliates, unless the receivables are already in transit and under the control of the insurer.
ARTICLE 33. ANNUAL AUDITED FINANCIAL REPORT.
§33-33-2. Definitions.
(a) 'Accountant' and 'independent certified public accountant' means an independent certified public accountant or accounting firm in good standing with the American Institute of Certified Public Accountants and in all states in which the accountant is licensed to practice; for Canadian and British companies, the terms mean a Canadian-chartered or British-chartered accountant.
(b) 'Annual statement' means the annual financial statement required to be filed by insurers with the commissioner pursuant to the provisions of this chapter.
(c) 'Audited financial report' means and includes those items specified in section four of this article.
(d) 'Indemnification' for the purposes of this article means an agreement of indemnity or a release from liability where the intent or effect of the agreement or release is a shifting or a limitation to any degree of the potential liability to the person or firm for failure to adhere to applicable auditing or other professional standards regardless of whether the potential liability arises from known misrepresentations made by the insurer or its representatives.
(d) (e) 'Insurer' for purposes of this article means any domestic insurer as defined in section six, article one of this chapter and includes any domestic stock insurance company, mutual insurance company, reciprocal insurance company, farmers' mutual fire insurance company, fraternal benefit society, hospital service corporation, medical service corporation, health care corporation, health maintenance organization, captive insurance company or risk retention group and any licensed foreign or alien insurer defined in article one of this chapter.
(e) (f) 'Workpapers' means and includes audit planning documentation, work programs, analyses, memoranda, letters of confirmation and representation, abstracts of company documents and schedules or commentaries prepared or obtained by the independent certified public accountant in the course of the examination of the financial statements of an insurer and which support the opinion thereon.
§33-33-6. Qualifications of independent certified public accountants.
(a) The commissioner shall may not recognize any person or firm as a qualified independent certified public accountant for purposes of performing the annual audited financial report that is if the person or firm:
(1) Is not in good standing with the American Institute of Certified Public Accountants and in all states in which the accountant is licensed to practice, or, for a Canadian or British company, that is not a chartered accountant; or
(2) Has either directly or indirectly entered into an indemnification with respect to an audit of the insurer.
(b) Except as otherwise provided herein, the commissioner shall recognize an independent certified public accountant shall be recognized as qualified as long as he or she conforms to the standards of his or her profession, as contained in the Code of Professional Ethics of the American Institute of Certified Public Accountants and the Rules and Regulations and Code of Ethics and Rules of Professional Conduct of the West Virginia Board of Accountancy.
(c) A qualified independent certified public accountant may enter into an agreement with an insurer to have disputes relating to an audit resolved by mediation or arbitration. In the event a delinquency proceeding is commenced against the insurer under article ten of this chapter, the mediation or arbitration provisions shall operate at the option of the receiver.
(c) (d) No partner or other person responsible for rendering a report may act in that capacity for more than seven consecutive years. Following any a period of service the person shall be disqualified from acting in that or a similar capacity for the same company or its insurance subsidiaries or affiliates for a period of two years. An insurer may make application to the commissioner for relief from the above rotation requirement on the basis of unusual circumstances. The commissioner may consider the following factors in determining if the relief should be granted:
(1) Number of partners, expertise of the partners or the number of insurance clients in the currently registered firm;
(2) Premium volume of the insurer; or
(3) Number of jurisdictions in which the insurer transacts business. Provided, That the requirements of this subsection shall become effective two years after the enactment of this article
(d) (e) The commissioner shall may not recognize as a qualified independent certified public accountant, nor accept any annual audited financial report, prepared in whole or in part by, any natural person who:
(1) Has been convicted of fraud, bribery, a violation of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. Sections 1961-1968, or any dishonest conduct or practices under federal or state law;
(2) Has been found to have violated the insurance laws of this state with respect to any previous reports submitted under this article; or
(3) Has demonstrated a pattern or practice of failing to detect or disclose material information in previous reports filed under the provisions of this article.
(e) (f) The commissioner may hold a hearing to determine whether a certified public accountant is qualified and considering the evidence presented, may rule that the accountant is not qualified for purposes of expressing an opinion on the financial statements in the audited financial report made pursuant to this article and require the insurer to replace the accountant with another whose relationship with the insurer is qualified within the meaning of this article."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 2763 - "A Bill to amend and reenact §33-7-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §33-33-2 and §33-33-6 of said code, all relating to financial examinations of insurers; eliminating the exclusion of certain assets in the determination of the financial condition of insurers; defining term; prohibiting use of indemnification agreements by accountants performing certain audits; and permitting mediation or arbitration agreements in certain circumstances."
Delegate Campbell requested to be excused from voting on the passage of Com. Sub. for H. B. 2763 under the provisions of House Rule 49.
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.
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 497), 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: M. Poling, Talbott 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 H. B. 2763) 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 passed, with amendment, a bill of the House of Delegates as follows:
H. B. 2831, Relating to transfer of development rights; eliminating the five year ordinance waiting period.
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 striking out everything after the enacting section and inserting in lieu thereof the following:
"§7-1-3mm. Transfer of development rights in growth counties.
(a) In addition to all other powers and duties now conferred by law upon county commissions, if a county has been designated as a growth county as that term is defined in section three, article twenty chapter seven of this code chapter, those county commissions, upon approval by a majority of the legal votes cast at an election as provided in section three-nn of this article, are hereby authorized to, as part of a county-wide zoning ordinance, which has been in effect for a minimum of five years, establish a program for the transfer of development rights in order to:
(1) Encourage the preservation of natural resources;
(2) Protect the historic, scenic, recreational and agricultural qualities of open lands; and
(3) Facilitate orderly growth and development in the county.
(b) The program for the transfer of development rights may provide for:
(1) The voluntary transfer of the development rights permitted on any parcel of land to another parcel of land for use in accordance with the zoning and subdivision ordinance;
(2) Restricting or prohibiting further development of the parcel from which development rights are severed; and
(3) Increasing the density or intensity of development of the parcel to which such rights are transferred.
(c) The program for the transfer of development rights shall:
(1) Designate a universal program for which development rights may be transferred from any parcel of land to any other parcel of land for use in accordance with the zoning and subdivision ordinance;
(2) Provide that any rights transferred under this section be for a period of ten years and may be renewed for additional ten year periods; and
(3) Any rights purchased, but not which expire before being used for development, revert to the original owner after ten years parcel of land from which the rights were first severed.
(d) The county commission may not set a price for any development rights that are proposed to be transferred or received.
(e) 'Transferable development rights' means an interest in real property that constitutes the right to develop and use property under the zoning ordinance which is made severable from the parcel to which the interest is appurtenant and transferable to another parcel of land for development and use in accordance with the zoning ordinance.
(f) Transferable development rights may be transferred by deed from the owner of the parcel from which the development rights are derived and upon the transfer shall vest in the grantee and be freely alienable.
(g) The zoning ordinance may provide for:
(1) The method of transfer of these development rights;
(2) Recordation of the date of each transfer;
(3) The names of the transferor and transferee;
(4) A description of the property;
and may provide for
(5) The granting of easements; and
(6) Reasonable regulations to effect and control transfers and assure compliance with the provisions of the ordinance; and
(7) Any other information necessary to administer the program."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
Delegate Walters requested to be excused from voting on the passage of H. B. 2831 under the provisions of House Rule 49.
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 bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 498), 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: Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2831) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Conference Committee Report Availability

At 9:01 p.m., the Clerk announced the availability in his office of the report of the Committee of Conference on Com. Sub. for H. B. 3161.
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. 2945, Providing for tax credits for apprenticeship training in construction trades.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page two, section one, line six, after the word "trades" by inserting the words "who are registered with the United States Department of Labor, Office of Apprenticeship, West Virginia State Office".
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 499), 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: Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2945) 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 passed, with amendment, a bill of the House of Delegates as follows:
H. B. 3018, Limiting the duplication of publication costs in the administration of certain estates.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page four, section fourteen-a, line fifty, after "(a)"and the period, by striking out the remainder of the subdivision and inserting in lieu thereof the words "In the event that an unpaid creditor files a claim, the fiduciary commissioner shall conduct a hearing on the claim filed by the creditor, otherwise, the fiduciary commissioner shall conclude the administration of the estate as requested by the interested party."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 500), 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: Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 3018) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate 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. 35 - "Urging Congress reauthorize the State Health Insurance Program which assures federal funding for the West Virginia Children's Health Insurance Program."
Whereas, Children's health is of paramount importance to West Virginia families; and
Whereas, Poor health of children is a threat to their educational achievement, as well as their social and psychological well-being; and
Whereas, The West Virginia Children's Health Insurance Program, which has enrolled more than 87,000 uninsured children since its inception in 1998, has proven to be an integral part of the arrangements for health benefits for the children of our state; and
Whereas, Federal funding for the West Virginia Children's Health Insurance Program is indispensable to providing health benefits for children of modest means; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges Congress to reauthorize the State Health Insurance Program which assures federal funding for the West Virginia Children's Health Insurance Program; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the President of the United States, the Secretary of the United States Department of Health and Human Services, the President Pro Tempore of the United States Senate, the Speaker of the United States House of Representatives, the Secretary of the Senate, the Clerk of the House of Representatives and each member of West Virginia's congressional delegation.
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. 54 - "Requesting the Joint Committee on Government and Finance study developing statutes and rules to provide for sequestration of greenhouse gases."
Whereas, Legislative action regarding the regulation of greenhouse gas emissions from fossil fuels are a source of debate at the federal level; and
Whereas, Regulation concerning sequestration of any greenhouse gases will be the responsibility of the states; and
Whereas, West Virginia statutes and rules do not comprehensively address sequestration of greenhouse gases; and
Whereas, The viability of new energy projects within the state require assurances to investors on the impact of such statutes and rules; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study developing statutes and rules to provide for sequestration of greenhouse gases; and, be it
Further Resolved, That the study identify legislative options for the state to create an environment which produces a competitive advantage for West Virginia in attracting new fossil fuel projects through comprehensive greenhouse gas sequestration statutes and rules; and, be it
Further Resolved, That the study include physical and regulatory analogies for regulatory oversight and management of liability created by sequestration of greenhouse gases; and, be it
Further Resolved, That the study clarify equitable mechanisms for the compensation of mineral owners for greenhouse gases sequestration and those sequestering for incremental mineral production; and, be it
Further Resolved, That the study identify the legislative parameters that should be imposed on predictive models and monitoring of sequestered greenhouse gases; and, be it
Further Resolved, That the study identify means by which regulatory compliance can limit liability; and, be it
Further Resolved, That the study describe options for statute of limitations for greenhouse gases that might be sequestered through multiple generations; and, be it
Further Resolved, That the study clarify the ownership of the pore spaces in mineral deposits once natural gas and/or petroleum have been recovered, as well as the ownership of sequestered greenhouse gases; and, be it
Further Resolved, That the study clarify the role of the Underground Injection Control Program in greenhouse gas sequestration; 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.
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. 57 - "Requesting the Joint Committee on Government and Finance study intrastate natural and methane gas pipeline capacity in the State of West Virginia."
Whereas, West Virginia has a number of small natural and coalbed methane gas producers which, for purposes of this resolution, are defined to include any natural gas producers and coalbed methane producers with an average production of 100,000 cubic feet of natural or methane gas or less per day within a pipeline; and
Whereas, Concern has been raised concerning the availability of intrastate pipeline capacity to transport natural and coalbed methane gas produced within the State of West Virginia by small producers; and
Whereas, The Legislature wishes to assure the availability of adequate pipeline capacity to transport such natural and methane gas and that such natural and methane gas is transported consisted with the protection of the environment and the husbandry of the state's natural resources; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study intrastate natural and methane gas pipeline capacity in the State of West Virginia; and, be it
Further Resolved, That the Public Energy Authority shall design and conduct, or contract to have conducted, a comprehensive study of the availability of intrastate pipeline to transport natural and methane gas produced by small natural and coalbed methane gas producers in the state and report to the Joint Committee on Government and Finance on or before December 31, 2007; and, be it
Further Resolved, That if the Public Energy Authority concludes that insufficient pipeline capacity currently exists, the authority is directed to include in its report to the Joint Committee on Government and Finance on or before December 31, 2007, detailed recommendations as to how to remedy that insufficiency and assure the availability of adequate pipeline capacity at a reasonable cost, including, without limitation, ways in which the authority can assist in the development of such capacity using the powers granted to it under chapter five-d of the Code of West Virginia, 1931, as amended; and, be it
Further Resolved, That the Public Energy Authority prepare and submit a request to the Joint Committee on Government and Finance setting forth the amount of any funds in addition to the current amounts appropriated to the Public Energy Authority which are necessary to carry out the study required herein and a specific proposal for the needed additional funds; 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.
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. 58 - "Requesting the Joint Committee on Government and Finance study methods to encourage recipients of the PROMISE scholarship to remain in West Virginia after completing undergraduate education.
Whereas, Data collected from PROMISE scholars indicates that a majority of these individuals plan to live and work in states other than West Virginia after graduation; and
Whereas, Recipients of the PROMISE scholarship have much to contribute to the social, economic and cultural well-being of the state; and
Whereas, It is the desire of the Legislature to provide an incentive for these students to remain in West Virginia at the end of their undergraduate careers; and
Whereas, It is also the desire of the Legislature to provide a mechanism whereby PROMISE scholars may repay all or part of their loan by rendering service to the state and its citizens; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study methods to encourage recipients of the PROMISE scholarship to remain in West Virginia after completing undergraduate education; and, be it
Further Resolved, That the Joint Committee on Government and Finance consider in its study the feasibility and desirability of operating the PROMISE scholarship program as a loan program with provisions for loan forgiveness for graduates who live and work 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.
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. 62 - "Requesting the Division of Highways name the new bridge replacing the Low Water Bridge in Berkeley County the 'Allensville Memorial Bridge'."
Whereas, After many years of requesting the replacement of the Low Water Bridge, the Division of Highways approved the construction and the new bridge was built in 2006. The Blue Heron Environmental Network, Inc., of Hedgesville, Berkeley County, was instrumental in gaining support for the new bridge; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the new bridge replacing the Low Water Bridge in Berkeley County the "Allensville Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "Allensville Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation.
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. 65 - "Requesting the Joint Committee on Government and Finance study developing tourism attractions and amenities in less-developed counties of West Virginia."
Whereas, West Virginia is rich with cultural and historical sites, most of which are located in rural areas of the state; and
Whereas, Workforce development is essential to benefit small tourism entities and rural areas of West Virginia; and
Whereas, It is in the best interests of the state to induce the creation, expansion and improvement of tourism attractions and amenities within the counties of West Virginia that are less developed and have high unemployment rates; and
Whereas, The development of tourism attractions and amenities will help relieve unemployment by preserving and creating jobs in counties that are less developed, as well as generate tax revenues for the support of essential public services in those counties; and
Whereas, A thorough study should examine how to attract the development of tourism attractions and amenities in counties of West Virginia that are less developed. This study should include discussions of possible tax incentives to be offered in order to enlarge the interests of businesses and investors; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study developing tourism attractions and amenities in less developed counties of 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.
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. 68 - "Requesting the Joint Committee on Government and Finance study the economic impact of state and federal prevailing wage laws in West Virginia."
Whereas, The Legislature desires to provide the citizens of this state with a sustainable working wage while maximizing the economic and financial returns from state expenditures; and
Whereas, A need exists to analyze the benefits and costs associated with the mandates of various prevailing wage laws, including the prevailing wage laws of this state, as well as federal laws such as the Davis-Bacon Act; and
Whereas, The Legislature needs to examine the effect of these laws on development opportunities, taxpayer spending and potential taxpayer savings; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the economic impact of state and federal prevailing wage laws 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.
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. 77 - "Requesting the Joint Committee on Government and Finance study the certificate of need review process within the Health Care Authority."
Whereas, The certificate of need review process was enacted by the West Virginia Legislature in 1977 and became a part of the Health Care Authority in 1983; and
Whereas, The certificate of need review process is intended to be a regulatory element designed to assist the Health Care Authority to control health care costs, improve the quality and efficiency of the state's health care system, encourage collaboration and develop a system of health care delivery available to all of West Virginia's citizens; and
Whereas, Unless specifically exempted, all health care providers in West Virginia must obtain a certificate of need prior to the addition or expansion of health care services, to exceed certain capital expenditures, to obtain major medical equipment or to develop or acquire a new health care facility; and
Whereas, The structure of certificate of need review varies widely from state to state and some states have either repealed or limited the scope of the certificate of need review process; and
Whereas, In some respects the certificate of need review process in West Virginia has substituted bureaucratic decision making for a free enterprise system; and
Whereas, Restructuring the certificate of need review process to better account for cost containment with attention paid to efficient allocation of scarce resources, the impact on effective delivery of health care services, a greater attention to balancing quality of care and service delivery with entrepreneurial insight and patient preference, and a focus on availability of services to the citizens of West Virginia through a more competitive free market may be needed; therefore, be it
Resolved by the Legislature of West Virginia: 
That the Joint Committee on Government and Finance is hereby requested to study the certificate of need review process within the Health Care Authority; and, be it
Further Resolved, That the Joint Committee on Government and Finance consider an alternative framework to the certificate of need review process more centered on a free market in the delivery of medical care in health care facilities and equipment; and, be it
Further Resolved, That the Joint Committee on Government and Finance consult with experts in health care financing, West Virginia Medical Association, the West Virginia Hospital Association, the West Virginia Health Care Association and other interested parties who may offer insight into the Certificate of Need review process; and, be it
Further Resolved, That 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.
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. 78 - "Requesting the Joint Committee on Government and Finance study the effectiveness of existing animal protection laws as they relate to horses."
Whereas, Recent news reports in this state have conveyed disturbing images concerning the plight of horses who have been severely abused or neglected by caretakers and owners, sometimes totally abandoned to the elements to fend for themselves with neither food nor shelter; and
Whereas, There is a compelling need to implement measures to ensure animal control officers and law-enforcement officers are adequately trained and equipped to effectively and diligently address the problem of abuse and neglect of horses and to enforce existing laws designed and intended to offer protection to horses; and
Whereas, Clear demarcations in the law need to be prescribed that designate exactly what agencies of government are responsible for the investigation of cases of abuse and neglect of horses; and
Whereas, Many unanswered questions remain which bear on the state's authority to protect horses from abuse, neglect and abandonment, such as how long officials have to act after a complaint is made, under what circumstances professional equine veterinarians are called into a case to decide whether a horse is too sick or feeble to save and when and in what capacity does the Department of Animal Health enter into an individual case involving allegations of abuse or neglect of a horse or horses; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the effectiveness of existing animal protection laws as they relate to horses; 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.
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. 80 - "Requesting the Joint Committee on Government and Finance study the cost and benefits of requiring daily physical education classes for students in grades kindergarten through 12."
Whereas, Seven of 10 West Virginians will die of heart disease, cancer or stroke; and
Whereas, 28 percent of West Virginia fifth graders screened by CARDIAC had one or more cardiovascular risk factors; and
Whereas, One of three children entering kindergarten will develop type II diabetes in their lifetime; and
Whereas, 68.3 percent of high school students do not attend physical education classes daily; and
Whereas, 36.3 percent of high school students do not participate in vigorous physical activity three or more days during the week; and
Whereas, 14.5 percent of high school students self-report being overweight; and
Whereas, 77.9 percent of high school students do not eat five or more fruits and vegetables per day; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the cost and the benefits of requiring daily physical education classes for students in grades kindergarten through 12; 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.
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. 82 - "Requesting the Joint Committee on Government and Finance appoint a select interim committee to study health care reform options."
Whereas, West Virginia citizens engage in some of the unhealthiest lifestyles in the United States. For example, in 1990, the West Virginia rate of adult obesity was 15 percent, compared with a national rate of 11.6 percent. By 2000, the state rate was 23.2 percent, compared with a national rate of 20.1 percent. Obesity is a known risk factor for heart disease, diabetes, hypertension, gallbladder disease, osteoarthritis, sleep apnea and other breathing problems and some cancers, including uterine, breast, colorectal, kidney and gallbladder; and
Whereas, West Virginia has one of the highest rates of tobacco use in the United States with 27.3 percent of West Virginians smoking and 7.7 percent using smokeless tobacco; and
Whereas, West Virginia ranks first in the United States in prevalence of hypertension with more than a third of adults diagnosed with high blood pressure; and
Whereas, Fewer than two in 10 West Virginians consume the recommended five servings of fruits and vegetables per day; and
Whereas, West Virginia ranks first in the United States in the prevalence of arthritis at 37.2 percent of the population; and
Whereas, The medical rate of inflation exceeds growth in wages and exceeds the overall rate of inflation; and
Whereas, The high cost of health care has forced employers, particularly small employers, to drop health insurance coverage for their employees; and
Whereas, West Virginia has one of the highest percentages of citizens who are uninsured, with 322,000 West Virginians uninsured in 2005, which is an increase of 11 percent over the previous year; and
Whereas, The American College of Physicians has determined that "uninsured Americans tend to be sicker and die earlier than privately insured Americans" and the Institute of Medicine has concluded that 18,000 uninsured Americans die prematurely each year; and
Whereas, The uninsured delay seeking treatment, have their illness diagnosed at a more advanced staged and are frequently treated in the most expensive settings possible, i.e., emergency rooms and hospitals; and
Whereas, West Virginia hospitals in 2005 provided slightly more than half a billion dollars in uncompensated health care, increasing the cost of health care to privately insured West Virginians; and
Whereas, State insurance programs may not pay the cost of health care provided to their insured by physicians and hospitals, further increasing the cost of health care to privately insured West Virginians; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to appoint a select interim committee to study health care reform options; and, be it
Further Resolved, That the study should include measures to improve the health status of West Virginians, measures to reduce the cost of health care and options for extending health care insurance coverage to uninsured West Virginians; and, be it
Further Resolved, That the Select Committee on Health Care 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.
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. 83 - "Requesting the Joint Committee on Government and Finance study financial incentives for permitting public recreational use of certified managed timberland."
Whereas, The State of West Virginia's rural character, natural wonders, scenic beauty and recreational opportunities combine to create an exceptional quality of life for its citizens; and
Whereas, West Virginia landscapes serve to support vital timber and agricultural industries and draw tourists from around the world; and
Whereas, West Virginia's public and private forest lands provide West Virginians hunting, fishing, hiking, sight-seeing, photography, cross-country skiing and other recreational opportunities important to their health and well-being; and
Whereas, The Division of Natural Resources seeks to provide additional lands for West Virginians to engage in such recreational opportunities; and
Whereas, The West Virginia Legislature has found and declared in section eleven, article one-c, chapter eleven of the West Virginia Code that the public welfare is enhanced by encouraging and sustaining the abundance of high quality forest land within the state; and
Whereas, Economic pressures may force industrial, residential or other land development inconsistent with sustaining the forests; and
Whereas, Tax policy should provide an incentive for private owners of forest land to preserve the character and use of land as forest land and to make management decisions which enhance the quality of the future forest; and
Whereas, In exercising the authority granted to it by the provisions of section fifty-three, article VI of the Constitution of West Virginia, the Legislature declared and provided that managed timberland shall be valued as managed timberland when it is managed under a cooperative contract with the division of forestry; and
Whereas, Eighty-three percent of West Virginia's forests are owned by nonindustrial private landowners; and
Whereas, The Division of Natural Resources seeks to engage in the leasing of managed timberlands to provide all West Virginians with new opportunities for recreational activities important to their health and well-being; therefore be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study financial incentives for permitting public recreational use of certified managed timberland; and, be it
Further Resolved, That the Joint Committee on Government and Finance study the tax rate and assessment incentive methods for managed timberland areas to promote the opening of managed timberlands for these recreational opportunities; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2008, on its finding, 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.
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. 84 - "Requesting the Joint Committee on Government and Finance study the need for legislation that would permit a tractor-semitrailer combination with six axles and two additional brakes, and carrying a maximum gross weight of 97,000 pounds, to be operated on the system of interstate and defense highways in this state."
Whereas, The nation's cost of shipping freight has a profound effect on the country's economy; and
Whereas, The share of the nation's freight costs borne by trucking is slightly above 80 percent; and
Whereas, A study by the National Research Council foresees that tractor-trailer productivity could be improved substantially by permitting the operation of combinations with six or more axles and an increased payload, without having an adverse impact on roads and bridges; 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 for legislation that would permit a tractor-semitrailer combination with six axles and two additional brakes, and carrying a maximum gross weight of 97,000 pounds, to be operated on the system of interstate and defense highways in this state; 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.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 85 - "Requesting the Joint Committee on Government and Finance study the need for legislation facilitating the acquisition of a failed water or sewer utility by a capable water or sewer public utility that is financially, managerially and technically capable of acquiring and operating the failed water or sewer utility in compliance with applicable statutory and regulatory standards."
Whereas, There is an increasing number of water or sewer utilities of this state that are in violation of statutory or regulatory standards which affect the safety, adequacy, efficiency or reasonableness of the service provided by those water or sewer utilities; and
Whereas, There is often a failure to comply, within a reasonable period of time, with any order of the Department of Environmental Protection or Bureau for Public Health or the Public Service Commission concerning the safety, adequacy, efficiency or reasonableness of service, including, but not limited to, the availability of water, the potability of water, the palatability of water or the provision of water at adequate volume and pressure; and
Whereas, Many of these failed water or sewer utilities cannot reasonably be expected to furnish and maintain adequate, efficient, safe and reasonable service and facilities in the future; 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 for legislation facilitating the acquisition of a failed water or sewer utility by a capable water or sewer public utility that is financially, managerially and technically capable of acquiring and operating a failed water or sewer utility in compliance with applicable statutory and regulatory standards; 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.
Conference Committee Report Availability

At 9:06 p.m., the Clerk announced the availability in his office of the report of the Committee of Conference on S. B. 336.
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

Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
S. C. R. 25, Requesting Division of Highways name bridge on U. S. Route 52 in Landgraff, McDowell County, "Luke Simplicio Memorial Bridge",
S. C. R. 26, Requesting Division of Highways name bridge on U. S. Route 60, St. Albans, Kanawha County, "Earl Henry Curnutte Bridge",
S. C. R. 27, Requesting Division of Highways name bridge on State Route 119, Mingo County, "Ida and Isaac 'Ike' Newsome, Sr., Memorial Bridge",
S. C. R. 28, Designating December, 2007, as "West Virginia Legislature's Back to School Month",
S. C. R. 30, Requesting Division of Highways name Harvey Street bridge in Williamson, Mingo County, "Pete Dillon Bridge",
And,
S. C. R. 61, Authorizing issuance of revenue bonds to fund capital improvements for state community and technical colleges,
And reports the same back with the recommendation that they each be adopted.
At the request of Delegate DeLong, and by unanimous consent, the resolutions (S. C. R. 25, S. C. R. 26, S. C. R. 27, S. C. R. 28, S. C. R. 30 and S. C. R. 61) were each taken up for immediate consideration and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
On motion for leave, a resolution was introduced (Originating in the Committee on Rules and reported with the recommendation that it be adopted), which was read by its title as follows:
Originating in the Committee on Rules:
H. C. R. 97 - "Urging Workforce West Virginia to post on its official website a registry of all business approved to do business with the State."
Whereas, The Legislature has found that minority business ownership is proportionately less than minority business ownership nationwide and statewide; and
Whereas, The Legislature wishes to encourage meaningful participation of minorities in the process of competing for and awarding of State contracts for goods and services; and
Whereas, Public knowledge of minority business owners may assist in improving the support and expansion of minority-owned business; and
Whereas, An accessible registry of all businesses approved to do business with the State and with the Department of Transportation could prove to be a great asset in improving the number of State contracts awarded to minority-owned businesses; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges Workforce West Virginia to post on its official website a registry of all business approved to do business with the State; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Director of Workforce West Virginia.
At 9:09 p.m., on motion of Delegate DeLong, the House of Delegates recessed for fifteen minutes, and reconvened at that time.
Conference Committee Report

Delegate Brown, from the Committee of Conference on matters of disagreement between the two houses, as to
Com. Sub. for H. B. 2670, Authorizing the Department of Commerce to promulgate legislative rules,
Submitted the following report, which was received:
Your Committee of Conference on the disagreeing votes of the two houses as to the amendments of the Senate to Com. Sub. for H. B. 2670 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses as follows:
That both houses recede from their respective positions as to amendments of the Senate striking out everything following the enacting section and inserting new language, and agreeing to the same as follows:
ARTICLE 10. AUTHORIZATION FOR DEPARTMENT OF COMMERCE TO PROMULGATE LEGISLATIVE RULES.

§64-10-1. Office of Miners Health Safety and Training.

(a) The legislative rule filed in the State Register on the twenty-seventh day of April, two thousand six, authorized under the authority of section six, article two, chapter twenty-two-a, section thirty-eight, article two, chapter twenty-two-a and section fifty-five, article two, chapter twenty-two-a of this code, modified by the Office of Miners Health Safety and Training to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the eighteenth day of January, two thousand seven, relating to the Office of Miners Health Safety and Training (protective clothing and equipment, 56 CSR 4), is authorized with the following amendments:"
On page one, subsection 1.1., by striking out the words "these emergency rules" and inserting in lieu thereof the words "this rule".
On page one, subsection 2.1., by striking out the word "State's" and inserting in lieu thereof the word "state's".
On page one, subsection 2.1., line four, by striking out the words "these legislative rules" and inserting in lieu thereof the words "this rule".
On page two, subsection 2.2., by striking out the words "these rules" and inserting in lieu thereof the words "this rule".
On page two, subsection 3.1., by striking out the words "as they are defined" and inserting in lieu thereof the word "used".
On page two, subsection 3.2., by striking out the words "shall mean" and inserting in lieu thereof the word "means".
On page two, subsection 3.3., by striking out the words "shall herein refer" and inserting in lieu thereof the word "means".
On page three, subsection 4.1., by striking out the words "these rules" and inserting in lieu thereof the words "this rule".
On page four, subsection 5.2., by striking out "department of labor" and inserting in lieu thereof "Department of Labor".
On page four, subsection 5.2., after the word "Provided," by striking out "However,".
On page four, subsection 5.3., line three, after the word "training" by striking out the comma and the word "provided" and inserting in lieu thereof a colon and the words "Provided, That" and by striking out the word "manufacturers" and inserting in lieu thereof the word "manufacturers'".
On page four, subsection 5.3., after the words "limited to" by changing the semi-colon to a colon.
On page five, subsection 6.1., by striking out the words "these rules" and inserting in lieu thereof the words "this rule".
On page five, subsection 6.2., by striking out the words "these rules" and inserting in lieu thereof the words "this rule".
On page eight, subparagraph 6.10.4.a.1., by striking out §56-4-6 and inserting in lieu thereof "56 CSR 4-6."
On page nine, subsection 6.14., by striking out the words "these rules" and inserting in lieu thereof the words "this rule".
On page nine, by striking out subsection 6.15. in its entirety.
On pages ten and eleven, by striking out subsection 7.4. in its entirety.
On page eleven, by redesignating subdivision 8.1.1. as subsection 8.2. and redesignating the remaining subsections accordingly.
On page eleven, by redesignating subdivision 8.3.1. as subsection 8.5. and redesignating the remaining subsections accordingly.
On page fifteen, subsection 8.13., by striking out the words "these rules" and inserting in lieu thereof the words "this rule".
On pages fifteen and sixteen, by striking out subsection 8.15. in its entirety.
On page seventeen, subsection 9.10., by striking out the words "these rules" and inserting in lieu thereof the words "this rule".
And,
On page twenty, by striking out subsection 9.18. in its entirety.
(b) The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand six, authorized under the authority of sections six and thirty-eight, article one, chapter twenty-two-a of this code, modified by the Office of Miners Health Safety and Training to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the eighteenth day of January, two thousand seven, relating to the Office of Miners Health Safety and Training (standards for certification of coal mine electricians, 48 CSR 7), is authorized, with the following amendments:
On page three, subsection 4.1., by striking out the words "Section 8.2.1." and inserting in lieu thereof the words "8.3 ".
On page four, section five, by designating the last two paragraphs of the section as subsections 5.2. and 5.3., respectively.
On page four, section six, by designating the second paragraph of the section as subsection 6.2. and by redesignating the following subsection accordingly.
On page five, section six, by designating the last paragraph of the section as subsection 6.4.
On page five, subsection 8.1., by striking out the words "Section 8.2.1." and inserting in lieu thereof the words "Section 8.3 ".
On pages five and six, by striking out subdivision 8.2.1. in its entirety and inserting in lieu thereof the following:
"8.3. Criteria and standards for alternative electrical training programs must be adopted by unanimous approval of the Director and the Board of Miner Training, Education and Certification. An alternative electrical training program will not become effective until approved by the Secretary of State as an emergency rule or by the Legislature as an amendment to this rule." and redesignating the remaining subsection accordingly.
And,
On page six, section nine, by designating the last paragraph of the section as subsection 9.3.".
§64-10-2. Bureau of Employment Programs.
The legislative rule filed in the State Register on the twenty-sixth day of July, two thousand six, authorized under the authority of section six, article two, chapter twenty-one-a, of this code, modified by the Bureau of Employment Programs to meet the objections of the Legislative Rule- Making Review Committee and refiled in the State Register on the twelfth day of January, two thousand seven, relating to the Bureau of Employment Programs (requiring state agencies to revoke or not to grant, issue or renew approval documents with employing units on the bureau's default list, 96 CSR 1), is authorized.
§64-10-3. Division of Forestry.
The legislative rule filed in the State Register on the twenty-second day of June, two thousand six, authorized under the authority of section three-a, article one-a, chapter nineteen, of this code, modified by the Division of Forestry to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twelfth day of January, two thousand seven, relating to the Division of Forestry (ginseng, 22 CSR 1), is authorized, with the following amendments:
On page two, section three, by striking out "3.1.".
On page three, by redesignating subdivision 6.1.1. as subsection 6.2. and by redesignating the remaining subsections accordingly.
On page four, section seven, by striking out "7.1.
On page four, section eight, by striking out "8.1.
On page five, by redesignating subdivision paragraph 9.2.2.1. as subdivision 9.2.2.
On page five, section ten, by striking out "10.1.
On page six, section eleven, by striking out "11.1.
And,
On page six, subsection 13.2., after the words "Freedom of Information Act" by striking out the remainder of the subsection and inserting in lieu thereof the following: "as having a significant commercial value to the extent permitted by W. Va. Code §29B-1-4(1).".
§64-10-4. Division of Natural Resources.
(a) The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand six, authorized under the authority of section twenty-three-a, article two, chapter twenty, of this code, relating to the Division of Natural Resources (commercial whitewater outfitters, 58 CSR 12), is authorized.
(b) The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand six, authorized under the authority of section seven, article one, chapter twenty, of this code, relating to the Division of Natural Resources (special boating rules, 58 CSR 26), is authorized.
(c) The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand six, authorized under the authority of section seven, article one, chapter twenty, of this code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule- Making Review Committee and refiled in the State Register on the eighteenth day of December, two thousand six, relating to the Division of Natural Resources (deer hunting, 58 CSR 50), is authorized.
(d) The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand six, authorized under the authority of section seven, article one, chapter twenty, of this code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule- Making Review Committee and refiled in the State Register on the second day of November, two thousand six, relating to the Division of Natural Resources (wildlife disease management, 58 CSR 69), is authorized, with the amendments:
On page two, subsection 2.3, line eight, after the word "landscape" and the period, by striking the remainder of the subsection and inserting in lieu thereof, the following: "The Director shall, at least annually after the establishment of a containment area, review and evaluate any and all new information relating to wildlife disease epidemiology and surveillance to determine whether any such designation of a containment area should be modified or rescinded and shall report these findings to the Natural Resources Commission. Prior to the establishment of a containment area, the Director shall consult with:
2.3.a. wildlife biologists within the Wildlife Resources Section that are knowledgeable of wildlife diseases;
2.3.b. a Department of Agriculture veterinarian knowledgeable of wildlife diseases;
2.3.c. conservation officers familiar with local and regional landscape features; and
2.3.d. the Natural Resources Commission.";
And,
One page three, by striking subsection 4.1 and inserting the following, "4.1. It is illegal to feed cervids or other wildlife in a containment area as determined by the Director and established for the management, control or eradication of chronic wasting disease, bovine tuberculosis, avian influenza or other wildlife diseases. Provided, that song and insectivorous birds may be fed so long as the person or persons feeding the same shall not do so in a manner that causes a congregation of cervids or other wildlife or in a manner that said person or persons reasonably should have known would cause a congregation of cervids or other wildlife Provided further, that captive cervids may be fed inside cervid facilities permitted by the Division of Natural Resources."
(e) The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand six, authorized under the authority of section seven, article one, chapter twenty, of this code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule- Making Review Committee and refiled in the State Register on the second day of November, two thousand six, relating to the Division of Natural Resources (public use of campgrounds and recreation areas in West Virginia state wildlife management areas under the Division of Natural Resources, 58 CSR 70), is authorized, with the following amendments:
On page one, subsection 2.2., by striking out the word "shall" and inserting in lieu thereof the word "may".
On page two, section three, by striking out "3.1."
On page two, subsection 2.18., by striking out the word "shall" and inserting in lieu thereof the word "may".
On page two, by striking out subsection 3.2. in its entirety.
And,
That both houses recede from their respective positions as to the title of the bill and agree to a new title as follows:
Com. Sub. for H. B. 2670 - "A Bill to amend and reenact article 10, chapter 64 of the code of West Virginia, 1931, as amended, all relating generally to the promulgation of administrative rules by the Department of Commerce and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Office of Miners Health, Safety and Training to promulgate a legislative rule relating to protective clothing and equipment; authorizing the Office of Miners Health, Safety and Training to promulgate a legislative rule relating to standards for certification of coal mine electricians; authorizing the Bureau of Employment Programs to promulgate a legislative rule relating to requiring agencies to revoke or not grant issue or renew approval documents with employing units on the Bureau's default list; authorizing the Division of Forestry to promulgate a legislative rule relating to ginseng; authorizing the Division of Natural Resources to promulgate a legislative rule relating to commercial whitewater outfitters; authorizing the Division of Natural Resources to promulgate a legislative rule relating to special boating rules; authorizing the Division of Natural Resources to promulgate a legislative rule relating to deer hunting; authorizing the Division of Natural Resources to promulgate a legislative rule relating to wildlife disease management; and authorizing the Division of Natural Resources to promulgate a legislative rule relating to public use of campgrounds and recreation areas in West Virginia state wildlife management areas under the Division of Natural Resources.
Respectfully submitted,
Bonnie Brown,
John Pat Fanning,

William Stemple,
Randy White,

Bill Hamilton,
Clark S. Barnes,

Conferees on the part
Conferees on the part

of the House of Delegates
.
of the Senate.

On motion of Delegate DeLong, the report of the Committee of Conference was adopted.
The bill, as amended by said report, was then put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 501), and there were--yeas 63, nays 35, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Amores, Anderson, Andes, Armstead, Ashley, Border, Cann, Canterbury, Carmichael, Cowles, Crosier, Doyle, Duke, Eldridge, Ellem, Ellis, Evans, Ireland, Lane, Michael, C. Miller, J. Miller, Porter, Romine, Rowan, Schadler, Schoen, Sobonya, Stalnaker, Sumner, Tabb, Tansill, Walters, Williams and Wysong.
Absent And Not Voting: Talbott 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 H. B. 2670) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 502), and there were--yeas 77, nays 20, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Anderson, Andes, Border, Canterbury, Carmichael, Duke, Eldridge, Evans, Ireland, Michael, C. Miller, J. Miller, Schoen, Sobonya, Stalnaker, Sumner, Tabb, Tansill, Walters and Williams.
Absent And Not Voting: Talbott, Ron Thompson and Wysong.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2670) 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.
Special Calendar

Third Reading

S. B. 749, Relating to corporation net income tax; on third reading, coming up in regular order, with the restricted right to amend, was reported by the Clerk.
On motion of Delegate White, the bill was amended on page one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
"That §11-23-6 and §11-23-27 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that said code be amended by adding thereto a new section, designated §11-23-5b; that §11-24-1, §11-24-3a, §11-24-7, §11-24-13a and §11-24-24 of said code be amended and reenacted; and that said code be amended by adding thereto four new sections, designated §11-24- 13c, §11-24-13d, §11-24-13e and §11-24-13f, all to read as follows:
ARTICLE 23. BUSINESS FRANCHISE TAX.
§11-23-5b. Apportionment of income of Financial organizations.

Notwithstanding any other provisions of this article or this code to the contrary, for tax years beginning on or after the first day of January, two thousand nine, the provisions of section five-a of this article are null and void and of no force or effect.
§11-23-6. Imposition of tax; change in rate of tax.
(a) General. -- An annual business franchise tax is hereby imposed on the privilege of doing business in this state and in respect of the benefits and protection conferred. Such tax shall be collected from every domestic corporation, every corporation having its commercial domicile in this state, every foreign or domestic corporation owning or leasing real or tangible personal property located in this state or doing business in this state and from every partnership owning or leasing real or tangible personal property located in this state or doing business in this state, effective on and after the first day of July, one thousand nine hundred eighty-seven.
(b) Amount of tax and rate; effective date. --
(1) On and after the first day of July, one thousand nine hundred eighty-seven, the amount of tax shall be the greater of fifty dollars or fifty-five one hundredths of one percent of the value of the tax base, as determined under this article: Provided, That when the taxpayer's first taxable year under this article is a short taxable year, the taxpayer's liability shall be prorated based upon the ratio which the number of months in which such short taxable year bears to twelve: Provided, however, That this subdivision shall not apply to taxable years beginning on or after the first day of January, one thousand nine hundred eighty-nine.
(2) Taxable years after December 31, 1988. -- For taxable years beginning on or after the first day of January, one thousand nine hundred eighty-nine, the amount of tax due under this article shall be the greater of fifty dollars or seventy-five one hundredths of one percent of the value of the tax base as determined under this article.
(3) Taxable years after June 30, 1997. -- For taxable years beginning on or after the first day of July, one thousand nine hundred ninety-seven, the amount of tax due under this article shall be the greater of fifty dollars or seventy hundredths of one percent of the value of the tax base as determined under this article.
(4) Taxable years after December 31, 2006. -- For taxable years beginning on or after the first day of January, two thousand seven, the amount of tax due under this article shall be the greater of fifty dollars or fifty-five one hundredths of one percent of the value of the tax base as determined under this article.
(5) Taxable years after December 31, 2008. -- For taxable years beginning on or after the first day of January, two thousand nine, the amount of tax due under this article shall be the greater of fifty dollars or 0.48 percent of the value of the tax base as determined under this article.
(6)
Taxable years after December 31, 2009. -- For taxable years beginning on or after the first day of January, two thousand ten, the amount of tax due under this article shall be the greater of fifty dollars or 0.41 percent of the value of the tax base as determined under this article.
(7)
Taxable years after December 31, 2010. -- For taxable years beginning on or after the first day of January, two thousand eleven, the amount of tax due under this article shall be the greater of fifty dollars or 0.34 percent of the value of the tax base as determined under this article.
(8)
Taxable years after December 31, 2011. -- For taxable years beginning on or after the first day of January, two thousand twelve, the amount of tax due under this article shall be the greater of fifty dollars or 0.27 percent of the value of the tax base as determined under this article.
(9)
Taxable years after December 31, 2012. -- For taxable years beginning on or after the first day of January, two thousand thirteen, the amount of tax due under this article shall be the greater of fifty dollars or 0.20 percent of the value of the tax base as determined under this article.
(c) Short taxable years. -- When the taxpayer's taxable year for federal income tax purposes is a short taxable year, the tax determined by application of the tax rate to the taxpayer's tax base shall be prorated based upon the ratio which the number of months in such short taxable year bears to twelve: Provided, That when the taxpayer's first taxable year under this article is less than twelve months, the taxpayer's liability shall be prorated based upon the ratio which the number of months the taxpayer was doing business in this state bears to twelve but in no event shall the tax due be less than fifty dollars.
§11-23-27. Credit for franchise tax paid to another state.
(a) Effective for taxable years beginning on or after the first day of January, one thousand nine hundred ninety-one, and notwithstanding any provisions of this code to the contrary, any financial organization having its commercial domicile in this state shall be allowed a credit against the tax imposed by this article for any taxable year for taxes paid to another state. That credit shall be equal in amount to the lesser of:
(1) The taxes such financial organization shall actually have paid, which payments were made on or before the filing date of the annual return required by this article, to any other state, and which tax was based upon or measured by the financial organization's capital and was paid with respect to the same taxable year; or
(2) The portion of the tax actually paid that the financial organization would have paid if the rate of tax imposed by this article is applied to the tax base determined under the law of such other state.
(b) Any additional payments of such tax to other states, or to political subdivisions thereof, by a financial organization described in this section, and any refunds of such taxes, made or received by such financial organization with respect to the taxable year, but after the due date of the annual return required by this article for the taxable year, including any extensions, shall likewise be accounted for in the taxable year in which such additional payment is made or such refund is received by the financial organization.
(c) For tax years beginning on or after the first day of January, two thousand nine, the provisions of this section are null and void and of no force or effect.
ARTICLE 24. CORPORATION NET INCOME TAX.
§11-24-1. Legislative findings.

The Legislature hereby finds and declares that the adoption by this state for its corporation net income tax purposes of certain provisions of the laws of the United States relating to the determination of income for federal income tax purposes will: (1) Simplify preparation of state corporation net income tax returns by taxpayers: (2) improve enforcement of the state corporation net income tax through better use of information obtained from federal income tax audits: and (3) aid interpretation of the state corporation net income tax law through increased use of federal judicial and administrative determinations and precedents.
The Legislature does therefore declare that this article be construed so as to accomplish the foregoing purposes.
In recognition of the fact that corporate business is increasingly conducted on a national and international basis, it is the intent of the Legislature to adopt a combined system of income tax reporting for corporations. A separate accounting system is sometimes not adequate to accurately measure the income of multistate and multinational corporations doing business in this state and sometimes creates tax disadvantages for West Virginia corporations in competition with those multistate and multinational corporations. Therefore, it is the intent of the Legislature to capture lost revenue with adoption of a combined reporting tax base.
§11-24-3a. Specific terms defined.
For purposes of this article:

(1) Business income. -- The term "business income" means income arising from transactions and activity in the regular course of the taxpayer's trade or business and includes income from tangible and intangible property if the acquisition, management and disposition of the property or the rendering of services in connection therewith constitute integral parts of the taxpayer's regular trade or business operations, and includes all income which is apportionable under the Constitution of the United States.
(2) 'Combined group;' means the group of all persons whose income and apportionment factors are required to be taken into account pursuant to subsection (a) or subsection (b), section thirteen-a of this article, in determining the taxpayer's share of the net business income or loss apportionable to this State.
(2) (3) Commercial domicile. -- The term 'commercial domicile' means the principal place from which the trade or business of the taxpayer is directed or managed: Provided, That the commercial domicile of a financial organization, which is subject to regulation as such, shall be at the place designated as its principal office with its regulating authority.
(3) (4) Compensation. -- The term 'compensation' means wages, salaries, commissions and any other form of remuneration paid to employees for personal services.
(4) (5) Corporation. -- 'Corporation' means any corporation as defined by the laws of this state or organization of any kind treated as a corporation for tax purposes under the laws of this state, wherever located, which if it were doing business in this state would be a 'taxpayer.' The business conducted by a partnership which is directly or indirectly held by a corporation shall be considered the business of the corporation to the extent of the corporation's distributive share of the partnership income, inclusive of guaranteed payments to the extent prescribed by regulation. The term 'corporation' includes a joint- stock company and any association or other organization which is taxable as a corporation under the federal income tax law.
(5) (6) Delegate. -- The term 'delegate' in the phrase 'or his delegate', when used in reference to the tax commissioner, means any officer or employee of the state tax department duly authorized by the tax commissioner directly, or indirectly by one or more redelegations of authority, to perform the functions mentioned or described in this article or regulations promulgated thereunder.
(6) (7) Domestic corporation. -- The term 'domestic corporation' means any corporation organized under the laws of West Virginia and certain corporations organized under the laws of the state of Virginia before the twentieth day of June, one thousand eight hundred sixty-three. Every other corporation is a foreign corporation.
(7) (8) Engaging in business. -- The term 'engaging in business' or 'doing business' means any activity of a corporation which enjoys the benefits and protection of government and laws in this state.
(8) (9) Federal Form 1120. -- The term 'Federal Form 1120' means the annual federal income tax return of any corporation made pursuant to the United States Internal Revenue Code of 1986, as amended, or in successor provisions of the laws of the United States, in respect to the federal taxable income of a corporation, and filed with the federal Internal Revenue Service. In the case of a corporation that elects to file a federal income tax return as part of an affiliated group, but files as a separate corporation under this article, then as to such corporation Federal Form 1120 means its pro forma Federal Form 1120.
(9) (10) Fiduciary. -- The term 'fiduciary' means, and includes, a guardian, trustee, executor, administrator, receiver, conservator or any person acting in any fiduciary capacity for any person.
(10) (11) Financial organization -- The term 'financial organization' means:
(A) A holding company or a subsidiary thereof. As used in this section 'holding company' means a corporation registered under the federal bank holding company act of 1956 or registered as a savings and loan holding company other than a diversified savings and loan holding company (as defined in section 408(a)(1)(F) of the federal national housing act (12 U.S.C. 1730(a)(1)(F));
(B) A regulated financial corporation or a subsidiary thereof. As used in this section 'regulated financial corporation' means:
(1) An institution, the deposits, shares or accounts of which are insured under the federal deposit insurance act, or by the federal savings and loan insurance corporation;
(2) An institution that is a member of a federal home loan bank;
(3) Any other bank or thrift institution incorporated or organized under the laws of a state that is engaged in the business of receiving deposits;
(4) A credit union incorporated and organized under the laws of this state;
(5) A production credit association organized under 12 U.S.C. 2071;
(6) A corporation organized under 12 U.S.C. 611 through 631 (an edge act corporation); or
(7) A federal or state agency or branch of a foreign bank (as defined in 12 U.S.C. 3101); or
(C) A corporation which derives more than fifty percent of its gross business income from one or more of the following activities:
(1) Making, acquiring, selling or servicing loans or extensions of credit. Loans and extensions of credit include:
(I) Secured or unsecured consumer loans;
(II) Installment obligations;
(III) Mortgages or other loans secured by real estate or tangible personal property;
(IV) Credit card loans;
(V) Secured and unsecured commercial loans of any type; and
(VI) Loans arising in factoring.
(2) Leasing or acting as an agent, broker or advisor in connection with leasing real and personal property that is the economic equivalent of an extension of credit (as defined by the Federal Reserve Board in 12 C.F.R. 225.25(b)(5)).
(3) Operating a credit card business.
(4) Rendering estate or trust services.
(5) Receiving, maintaining or otherwise handling deposits.
(6) Engaging in any other activity with an economic effect comparable to those activities described in item (1), (2), (3), (4) or (5) of this subparagraph.
(11) (12) Fiscal year. -- The term 'fiscal year' means an accounting period of twelve months ending on any day other than the last day of December, and on the basis of which the taxpayer is required to report for federal income tax purposes.
(12) (13) Includes and including. -- The terms 'includes' and 'including' when used in a definition contained in this article shall not be deemed to exclude other things otherwise within the meaning of the term being defined.
(14) 'Internal Revenue Code' means Title 26 of the United States Code, as amended without regard to application of federal treaties unless expressly made applicable to states of the United States.
(13) (15) Nonbusiness income. -- The term 'nonbusiness income' means all income other than business income.
(16) 'Partnership' means a general or limited partnership, or organization of any kind treated as a partnership for tax purposes under the laws of this state.
(14) (17) Person. -- The term 'person' is to be deemed interchangeable with the term 'corporation' in this section. The term 'Person' means any individual, firm, partnership, general partner of a partnership, limited liability company, registered limited liability partnership, foreign limited liability partnership, association, corporation (whether or not the corporation is, or would be if doing business in this state, subject to the tax imposed by this article, company, syndicate, estate, trust, business trust, trustee, trustee in bankruptcy, receiver, executor, administrator, assignee or organization of any kind.
(15) (18) Pro forma return. -- The term 'pro forma return' when used in this article means the return which the taxpayer would have filed with the Internal Revenue Service had it not elected to file federally as part of an affiliated group.
(16) (19) Public utility. -- The term 'public utility' means any business activity to which the jurisdiction of the Public Service Commission of West Virginia extends under section one, article two, chapter twenty-four of this code.
(17) (20) Sales. -- The term 'sales' means all gross receipts of the taxpayer that are 'business income', as defined in this section.
(18) (21) State. -- The term 'state' means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States and any foreign country or political subdivision thereof.
(19) (22) Taxable year, tax year. -- The term 'taxable year' or 'tax year' means the taxable year for which the taxable income of the taxpayer is computed under the federal income tax law.
(20) (23) Tax. -- The term 'tax' includes, within its meaning, interest and additions to tax, unless the intention to give it a more limited meaning is disclosed by the context.
(21) (24) tax commissioner. -- The term 'tax commissioner' means the tax commissioner of the State of West Virginia or his delegate.
(25) 'Tax haven' means a jurisdiction that, for a particular tax year in question: (A) is identified by the Organization for Economic Co-operation and Development as a tax haven or as having a harmful preferential tax regime, or (B) a jurisdiction that has no, or nominal, effective tax on the relevant income; and (i) that has laws or practices that prevent effective exchange of information for tax purposes with other governments regarding taxpayers subject to, or benefiting from, the tax regime; (ii) or that lacks transparency. For purposes of this definition, a tax regime lacks transparency if the details of legislative, legal or administrative provisions are not open to public scrutiny and apparent, or are not consistently applied among similarly situated taxpayers; (iii) facilitates the establishment of foreign-owned entities without the need for a local substantive presence or prohibits these entities from having any commercial impact on the local economy; (iv) explicitly or implicitly excludes the jurisdiction's resident taxpayers from taking advantage of the tax regime's benefits or prohibits enterprises that benefit from the regime from operating in the jurisdiction's domestic market; or (v) has created a tax regime which is favorable for tax avoidance, based upon an overall assessment of relevant factors, including whether the jurisdiction has a significant untaxed offshore financial or other services sector relative to its overall economy. For purposes of this definition the phrase 'tax regime' means a set or system of rules, laws, regulations or practices by which taxes are imposed on any person, corporation or entity, or on any income, property, incident, indicia or activity pursuant to governmental authority.
(22) (26) Taxpayer. -- The term 'taxpayer' means any person a corporation subject to the tax imposed by this article.
(23) (27) This code. -- The term 'this code' means the Code of West Virginia, one thousand nine hundred thirty-one, as amended.
(24) (28) This state. -- The term 'this state' means the State of West Virginia.
(29) 'United States' means the United States of America and includes all of the states of the United States, the District of Columbia, and United States territories and possessions.
(30) 'Unitary business' means a single economic enterprise that is made up either of separate parts of a single business entity or of a commonly controlled group of business entities that are sufficiently interdependent, integrated and interrelated through their activities so as to provide a synergy and mutual benefit that produces a sharing or exchange of value among them and a significant flow of value to the separate parts.
(25) (31) West Virginia taxable income. -- The term 'West Virginia taxable income' means the taxable income of a corporation as defined by the laws of the United States for federal income tax purposes, adjusted, as provided in section six of this article: Provided, That in the case of a corporation having income from business activity which is taxable without this state, its 'West Virginia taxable income' shall be such portion of its taxable income as so defined and adjusted as is allocated or apportioned to this state under the provisions of sections seven and seven-b of this article.
§11-24-7. Allocation and apportionment.

(a) General. -- Any taxpayer having income from business activity which is taxable both in this state and in another state shall allocate and apportion its net income as provided in this section. For purposes of this section, the term 'net income' means the taxpayer's federal taxable income adjusted as provided in section six.
(b) 'Taxable in another state' defined. -- For purposes of allocation and apportionment of net income under this section, a taxpayer is taxable in another state if:
(1) In that state the taxpayer is subject to a net income tax, a franchise tax measured by net income, a franchise tax for the privilege of doing business, or a corporation stock tax; or
(2) That state has jurisdiction to subject the taxpayer to a net income tax, regardless of whether, in fact, that state does or does not subject the taxpayer to the tax.
(c) Business activities entirely within West Virginia. -- If the business activities of a taxpayer take place entirely within this state, the entire net income of the taxpayer is subject to the tax imposed by this article. The business activities of a taxpayer are considered to have taken place in their entirety within this state if the taxpayer is not 'taxable in another state': Provided, That for tax years beginning before the first day of January two thousand nine, the business activities of a financial organization having its commercial domicile in this state are considered to take place entirely in this state, notwithstanding that the organization may be 'taxable in another state': Provided, however, That for tax years beginning before the first day of January two thousand nine, the income from the business activities of a financial organization not having its commercial domicile in this state shall be apportioned according to the applicable provisions of this article.
(d) Business activities partially within and partially without West Virginia; allocation of nonbusiness income. -- If the business activities of a taxpayer take place partially within and partially without this state and the taxpayer is also taxable in another state, rents and royalties from real or tangible personal property, capital gains, interest, dividends or patent or copyright royalties, to the extent that they constitute nonbusiness income of the taxpayer, shall be allocated as provided in subdivisions (1) through (4), inclusive, of this subsection: Provided, That to the extent the items constitute business income of the taxpayer, they may not be so allocated but they shall be apportioned to this state according to the provisions of subsection (e) of this section and to the applicable provisions of section seven-b of this article.
(1) Net rents and royalties. --
(A) Net rents and royalties from real property located in this state are allocable to this state.
(B) Net rents and royalties from tangible personal property are allocable to this state:
(i) If and to the extent that the property is utilized in this state; or
(ii) In their entirety if the taxpayer's commercial domicile is in this state and the taxpayer is not organized under the laws of or taxable in the state in which the property is utilized.
(C) The extent of utilization of tangible personal property in a state is determined by multiplying the rents and royalties by a fraction, the numerator of which is the number of days of physical location of the property in the state during the rental or royalty period in the taxable year and the denominator of which is the number of days of physical location of the property everywhere during all rental or royalty periods in the taxable year. If the physical location of the property during the rental or royalty period is unknown or unascertainable by the taxpayer, tangible personal property is utilized in the state in which the property was located at the time the rental or royalty payer obtained possession.
(2) Capital gains. --
(A) Capital gains and losses from sales of real property located in this state are allocable to this state.
(B) Capital gains and losses from sales of tangible personal property are allocable to this state if:
(i) The property had a situs in this state at the time of the sale; or
(ii) The taxpayer's commercial domicile is in this state and the taxpayer is not taxable in the state in which the property had a situs.
(C) Capital gains and losses from sales of intangible personal property are allocable to this state if the taxpayer's commercial domicile is in this state.
(D) Gains pursuant to Section 631 (a) and (b) of the Internal Revenue Code of 1986, as amended, from sales of natural resources severed in this state shall be allocated to this state if they are nonbusiness income.
(3) Interest and dividends are allocable to this state if the taxpayer's commercial domicile is in this state.
(4) Patent and copyright royalties. --
(A) Patent and copyright royalties are allocable to this state:
(i) If and to the extent that the patent or copyright is utilized by the payer in this state; or
(ii) If and to the extent that the patent or copyright is utilized by the payer in a state in which the taxpayer is not taxable and the taxpayer's commercial domicile is in this state.
(B) A patent is utilized in a state to the extent that it is employed in production, fabrication, manufacturing or other processing in the state or to the extent that a patented product is produced in the state. If the basis of receipts from patent royalties does not permit allocation to states or if the accounting procedures do not reflect states of utilization, the patent is utilized in the state in which the taxpayer's commercial domicile is located.
(C) A copyright is utilized in a state to the extent that printing or other publication originates in the state. If the basis of receipts from copyright royalties does not permit allocation to states or if the accounting procedures do not reflect states of utilization, the copyright is utilized in the state in which the taxpayer's commercial domicile is located.
(5) Corporate partner's distributive share. --
(A) Persons carrying on business as partners in a partnership, as defined in Section 761 of the Internal Revenue Code of 1986, as amended, are liable for income tax only in their separate or individual capacities.
(B) A corporate partner's distributive share of income, gain, loss, deduction or credit of a partnership shall be modified as provided in section six of this article for each partnership. For taxable years beginning on or after the thirty-first day of December, one thousand nine hundred ninety-eight, the distributive share shall then be allocated and apportioned as provided in this section, using the partnership's property, payroll and sales factors. The sum of that portion of the distributive share allocated and apportioned to this state shall then be treated as distributive share allocated to this state; and that portion of distributive share allocated or apportioned outside this state shall be treated as distributive share allocated outside this state, unless the taxpayer requests or the tax commissioner, under subsection (h) of this section requires that the distributive share be treated differently.
(e) Business activities partially within and partially without this state; apportionment of business income. -- All net income, after deducting those items specifically allocated under subsection (d) of this section, shall be apportioned to this state by multiplying the net income by a fraction, the numerator of which is the property factor plus the payroll factor plus two times the sales factor, and the denominator of which is four, reduced by the number of factors, if any, having no denominator.
(1) Property factor. -- The property factor is a fraction, the numerator of which is the average value of the taxpayer's real and tangible personal property owned or rented and used by it in this state during the taxable year and the denominator of which is the average value of all the taxpayer's real and tangible personal property owned or rented and used by the taxpayer during the taxable year, which is reported on Schedule L Federal Form 1120, plus the average value of all real and tangible personal property leased and used by the taxpayer during the taxable year.
(2) Value of property. -- Property owned by the taxpayer shall be valued at its original cost, adjusted by subsequent capital additions or improvements thereto and partial disposition thereof, by reason of sale, exchange, abandonment, etc.: Provided, That where records of original cost are unavailable or cannot be obtained without unreasonable expense, property shall be valued at original cost as determined under rules of the tax commissioner. Property rented by the taxpayer from others shall be valued at eight times the annual rental rate. The term 'net annual rental rate' is the annual rental paid, directly or indirectly, by the taxpayer, or for its benefit, in money or other consideration for the use of property and includes:
(A) Any amount payable for the use of real or tangible personal property, or any part of the property, whether designated as a fixed sum of money or as a percentage of sales, profits or otherwise.
(B) Any amount payable as additional rent or in lieu of rents, such as interest, taxes, insurance, repairs or any other items which are required to be paid by the terms of the lease or other arrangement, not including amounts paid as service charges, such as utilities, janitor services, etc. If a payment includes rent and other charges unsegregated, the amount of rent shall be determined by consideration of the relative values of the rent and the other items.
(3) Movable property. -- The value of movable tangible personal property used both within and without this state shall be included in the numerator to the extent of its utilization in this state. The extent of the utilization shall be determined by multiplying the original cost of the property by a fraction, the numerator of which is the number of days of physical location of the property in this state during the taxable period, and the denominator of which is the number of days of physical location of the property everywhere during the taxable year. The number of days of physical location of the property may be determined on a statistical basis or by other reasonable method acceptable to the tax commissioner.
(4) Leasehold improvements. -- Leasehold improvements shall, for purposes of the property factor, be treated as property owned by the taxpayer regardless of whether the taxpayer is entitled to remove the improvements or the improvements revert to the lessor upon expiration of the lease. Leasehold improvements shall be included in the property factor at their original cost.
(5) Average value of property. -- The average value of property shall be determined by averaging the values at the beginning and ending of the taxable year: Provided, That the tax commissioner may require the averaging of monthly values during the taxable year if substantial fluctuations in the values of the property exist during the taxable year, or where property is acquired after the beginning of the taxable year, or is disposed of, or whose rental contract ceases, before the end of the taxable year.
(6) Payroll factor. -- The payroll factor is a fraction, the numerator of which is the total compensation paid in this state during the taxable year by the taxpayer for compensation, and the denominator of which is the total compensation paid by the taxpayer during the taxable year, as shown on the taxpayer's federal income tax return as filed with the Internal Revenue Service, as reflected in the schedule of wages and salaries and that portion of cost of goods sold which reflects compensation, or as shown on a pro forma return.
(7) Compensation. -- The term 'compensation' means wages, salaries, commissions and any other form of remuneration paid to employees for personal services. Payments made to an independent contractor or to any other person not properly classifiable as an employee shall be excluded. Only amounts paid directly to employees are included in the payroll factor. Amounts considered as paid directly to employees include the value of board, rent, housing, lodging and other benefits or services furnished to employees by the taxpayer in return for personal services, provided the amounts constitute income to the recipient for federal income tax purposes.
(8) Employee. -- The term 'employee' means:
(A) Any officer of a corporation; or
(B) Any individual who, under the usual common-law rule applicable in determining the employer-employee relationship, has the status of an employee.
(9) Compensation. -- Compensation is paid or accrued in this state if:
(A) The employee's service is performed entirely within this state; or
(B) The employee's service is performed both within and without this state, but the service performed without the state is incidental to the individual's service within this state. The word 'incidental' means any service which is temporary or transitory in nature or which is rendered in connection with an isolated transaction; or
(C) Some of the service is performed in this state and:
(i) The employee's base of operations or, if there is no base of operations, the place from which the service is directed or controlled is in the state; or
(ii) The base of operations or the place from which the service is directed or controlled is not in any state in which some part of the service is performed, but the employee's residence is in this state.
The term 'base of operations' is the place of more or less permanent nature from which the employee starts his or her work and to which he or she customarily returns in order to receive instructions from the taxpayer or communications from his or her customers or other persons or to replenish stock or other materials, repair equipment, or perform any other functions necessary to the exercise of his or her trade or profession at some other point or points. The term 'place from which the service is directed or controlled' refers to the place from which the power to direct or control is exercised by the taxpayer.
(10) Sales factor. -- The sales factor is a fraction, the numerator of which is the gross receipts of the taxpayer derived from transactions and activity in the regular course of its trade or business in this state during the taxable year (business income), less returns and allowances. The denominator of the fraction is the total gross receipts derived by the taxpayer from transactions and activity in the regular course of its trade or business during the taxable year (business income), and reflected in its gross income reported and as appearing on the taxpayer's Federal Form 1120, and consisting of those certain pertinent portions of the (gross income) elements set forth: Provided, That if either the numerator or the denominator includes interest or dividends from obligations of the United States government which are exempt from taxation by this state, the amount of such interest and dividends, if any, shall be subtracted from the numerator or denominator in which it is included.
(11) Allocation of sales of tangible personal property. --
(A) Sales of tangible personal property are in this state if:
(i) The property is received in this state by the purchaser, other than the United States government, regardless of the f. o. b. point or other conditions of the sale. In the case of delivery by common carrier or other means of transportation, the place at which the property is ultimately received after all transportation has been completed is the place at which the property is received by the purchaser. Direct delivery in this state, other than for purposes of transportation, to a person or firm designated by the purchaser, is delivery to the purchaser in this state, and direct delivery outside this state to a person or firm designated by the purchaser is not delivery to the purchaser in this state, regardless of where title passes or other conditions of sale; or
(ii) The property is shipped from an office, store, warehouse, factory or other place of storage in this state and the purchaser is the United States government.
(B) All other sales of tangible personal property delivered or shipped to a purchaser within a state in which the taxpayer is not taxed, as defined in subsection (b) of this section, shall be excluded from the denominator of the sales factor.
(12) Allocation of other sales. -- Sales, other than sales of tangible personal property are in this state if:
(A) The income-producing activity is performed in this state; or
(B) The income-producing activity is performed both in and outside this state and a greater proportion of the income-producing activity is performed in this state than in any other state, based on costs of performance; or
(C) The sale constitutes business income to the taxpayer, or the taxpayer is a financial organization not having its commercial domicile in this state, and in either case the sale is a receipt described as attributable to this state in subsection (b), section seven-b of this article.
(13) Financial organizations and other taxpayers with business activities partially within and partially without this state. -- Notwithstanding anything contained in this section to the contrary, in the case of financial organizations and other taxpayers, not having their commercial domicile in this state, the rules of this subsection apply to the apportionment of income from their business activities except as expressly otherwise provided in subsection (b), section seven-b of this article.
(f) Income-producing activity. -- The term 'income-producing activity' applies to each separate item of income and means the transactions and activity directly engaged in by the taxpayer in the regular course of its trade or business for the ultimate purpose of obtaining gain or profit. The activity does not include transactions and activities performed on behalf of the taxpayer, such as those conducted on its behalf by an independent contractor. 'Income-producing activity' includes, but is not limited to, the following:
(1) The rendering of personal services by employees with utilization of tangible and intangible property by the taxpayer in performing a service;
(2) The sale, rental, leasing, licensing or other use of real property;
(3) The sale, rental, leasing, licensing or other use of tangible personal property; or
(4) The sale, licensing or other use of intangible personal property.
The mere holding of intangible personal property is not, in itself, an income-producing activity: Provided, That the conduct of the business of a financial organization is an income- producing activity.
(g) Cost of performance. -- The term 'cost of performance' means direct costs determined in a manner consistent with generally accepted accounting principles and in accordance with accepted conditions or practices in the trade or business of the taxpayer.
(h) Other methods of allocation and apportionment. --
(1) General. -- If the allocation and apportionment provisions of subsections (d) and (e) of this section do not fairly represent the extent of the taxpayer's business activities in this state, the taxpayer may petition for or the tax commissioner may require, in respect to all or any part of the taxpayer's business activities, if reasonable:
(A) Separate accounting;
(B) The exclusion of one or more of the factors;
(C) The inclusion of one or more additional factors which will fairly represent the taxpayer's business activity in this state; or
(D) The employment of any other method to effectuate an equitable allocation or apportionment of the taxpayer's income. The petition shall be filed no later than the due date of the annual return for the taxable year for which the alternative method is requested, determined without regard to any extension of time for filing the return and the petition shall include a statement of the petitioner's objections and of the alternative method of allocation or apportionment as it believes to be proper under the circumstances with such detail and proof as the tax commissioner may require.
(2) Alternative method for public utilities. -- If the taxpayer is a public utility and if the allocation and apportionment provisions of subsections (d) and (e) of this section do not fairly represent the taxpayer's business activities in this state, the taxpayer may petition for, or the tax commissioner may require, as an alternative to the other methods provided for in subdivision (1) of this subsection, the allocation and apportionment of the taxpayer's net income in accordance with any system of accounts prescribed by the public service commission of this state pursuant to the provisions of section eight, article two, chapter twenty-four of this code: Provided, That the allocation and apportionment provisions of the system of accounts fairly represent the extent of the taxpayer's business activities in this state for the purposes of the tax imposed by this article.
(3) Burden of proof. -- In any proceeding before the tax commissioner or in any court in which employment of one of the methods of allocation or apportionment provided for in subdivision (1) or (2) of this subsection is sought, on the ground that the allocation and apportionment provisions of subsections (d) and (e) of this section do not fairly represent the extent of the taxpayer's business activities in this state, the burden of proof is:
(A) If the tax commissioner seeks employment of one of the methods, on the tax commissioner; or
(B) If the taxpayer seeks employment of one of the other methods, on the taxpayer.
(4) For tax years beginning on or after the first day of January, two thousand nine, the provisions of section seven-a and section seven-b of this article shall be null and void and of no force or effect.
§11-24-13a. Method of filing for business taxes.
(a) Privilege to file consolidated return.
(1) An affiliated group of corporations (as defined for purposes of filing a consolidated federal income tax return) shall, subject to the provisions of this section and in accordance with any regulations prescribed by the tax commissioner, have the privilege of filing a consolidated return with respect to the tax imposed by this article for the taxable year in lieu of filing separate returns. The making of a consolidated return shall be upon the condition that all corporations which at any time during the taxable year have been members of the affiliated group are included in such return and consent to the filing of such return. The filing of a consolidated return shall be considered as such consent. When a corporation is a member of an affiliated group for a fractional part of the year, the consolidated return shall include the income of such corporation for that part of the year during which it is a member of the affiliated group.
(2) For tax years beginning on and after the first day of January, two thousand nine, the provisions of this subsection (a) are null and void and of no further force or effect.
(b) Election binding.
(1) If an affiliated group of corporations elects to file a consolidated return under this article for any taxable year ending after the thirtieth day of June, one thousand nine hundred eighty-seven, such election once made shall not be revoked for any subsequent taxable year without the written approval of the tax commissioner consenting to the revocation.
(2) For tax years beginning on and after the first day of January, two thousand nine, the provisions of this subsection (b) are null and void and of no further force or effect.
(c) Consolidated return - financial organizations.
An affiliated group that includes one or more financial organizations may elect under this section to file a consolidated return when that affiliated group complies with all of the following rules:
(1) The affiliated group of which the financial organization is a member must file a federal consolidated income tax return for the taxable year.
(2) All members of the affiliated group included in the federal consolidated return must consent to being included in the consolidated return filed under this article. The filing of a consolidated return under this article is conclusive proof of such consent.
(3) The West Virginia taxable income of the affiliated group shall be the sum of:
(A) The pro forma West Virginia taxable income of all financial organizations having their commercial domicile in this state that are included in the federal consolidated return, as shown on a combined pro forma West Virginia return prepared for such financial organizations; plus
(B) The pro forma West Virginia taxable income of all financial organizations not having their commercial domicile in this state that are included in the federal consolidated return, as shown on a combined pro forma West Virginia return prepared for such financial organizations; plus
(C) The pro forma West Virginia taxable income of all other members included in the federal consolidated income tax return, as shown on a combined pro forma West Virginia return prepared for all such nonfinancial organization members, except that income, income adjustments and exclusions, apportionment factors and other items considered when determining tax liability shall not be included in the pro forma return prepared under this paragraph for a member that is totally exempt from tax under section five of this article, or for a member that is subject to a different special industry apportionment rule provided for in this article. When a different special industry apportionment rule applies, the West Virginia taxable income of a member(s) subject to that special industry apportionment rule shall be determined on a separate pro forma West Virginia return for the member(s) subject to that special industry rule and the West Virginia taxable income so determined shall be included in the consolidated return.
(4) The West Virginia consolidated return is prepared in accordance with regulations of the tax commissioner promulgated as provided in article three, chapter twenty-nine-a of this code.
(5) The filing of a consolidated return does not distort taxable income. In any proceeding, the burden of proof that taxpayer's method of filing does not distort taxable income shall be upon the taxpayer.
(6) For tax years beginning on and after the first day of January, two thousand nine, the provisions of this subsection (c) are null and void and of no further force or effect.
(d) Combined return.
(1) A combined return may be filed under this article by a unitary group, including a unitary group that includes one or more financial organizations, only pursuant to the prior written approval of the tax commissioner. A request for permission to file a combined return must be filed on or before the statutory due date of the return, determined without inclusion of any extension of time to file the return. Permission to file a combined return may be granted by the tax commissioner only when taxpayer submits evidence that conclusively establishes that failure to allow the filing of a combined return will result in an unconstitutional distortion of taxable income. When permission to file a combined return is granted, combined filing will be allowed for the year(s) stated in the tax commissioner's letter. The combined return must be filed in accordance with regulations of the tax commissioner promulgated in accordance with article three, chapter twenty-nine-a of this code.
(2) For tax years beginning on and after the first day of January, two thousand nine, the provisions of this subsection (d) are null and void and of no further force or effect.
(e) Method of filing under this article deemed controlling for purposes of other business taxes articles.
The taxpayer shall file on the same basis under article twenty-three of this chapter as such taxpayer files under this article for the taxable year.
(f) Regulations.
The tax commissioner shall prescribe such regulations as he may deem necessary in order that the tax liability of any affiliated group or combined group of corporations filing a consolidated return, or of any unitary group of corporations filing a combined return, and of each corporation in the affiliated or unitary group, both during and after the period of affiliation, may be returned, determined, computed, assessed, collected and adjusted, in such manner as the tax commissioner deems necessary to clearly reflect the income tax liability and the income factors necessary for the determination of such liability, and in order to prevent avoidance of such tax liability.
(g) Computation and payment of tax.
In any case in which a consolidated or combined return is filed, or required to be filed, the tax due under this article from the affiliated, combined or unitary group shall be determined, computed, assessed, collected and adjusted in accordance with regulations prescribed by the tax commissioner, in effect on the last day prescribed by section thirteen of this article for the filing of such return, and such affiliated, combined or unitary group, as the case may be, shall be treated as the taxpayer. However, when any member of an affiliated, combined or unitary group that files a consolidated or combined return under this article is allowed to claim credit against its tax liability under this article for payment of any other tax, the amount of credit allowed may not exceed that member's proportionate share of the affiliated, combined or unitary group's precredit tax liability under this article, as shown on its pro forma return.
(h) Consolidated or combined return may be required.
The tax commissioner may require any such person or corporation to make and file a separate return or to make and file corporations to make a composite, unitary, consolidated or combined return, as the case may be, in order to clearly reflect the taxable income of such corporations.
(i) Effective date.
The amendments to this section made by chapter one hundred seventy-nine, acts of the Legislature in the year one thousand nine hundred ninety, shall apply to all taxable years ending after the eighth day of March, one thousand nine hundred ninety. Amendments to this article enacted by this act in the year one thousand nine hundred ninety-six, shall apply to taxable years beginning on or after the first day of January, one thousand nine hundred ninety-six, except that financial organizations that are part of an affiliated group may elect, after the effective date of this act, to file a consolidated return prepared in accordance with the provisions of this section, as amended, and subject to applicable statutes of limitation, for taxable years beginning on or after the first day of January, one thousand nine hundred ninety-one, but before the first day of January, one thousand nine hundred ninety-six, notwithstanding provisions then in effect prohibiting out-of-state financial organizations from filing consolidated returns for those years: Provided, That when the statute of limitation on filing an amended return for any of those years expires before the first day of July, one thousand nine hundred ninety-six, the consolidated return for such year, if filed, must be filed by said first day of July.
(j) Combined reporting required.
For tax years beginning on and after the first day of January, two thousand nine, any taxpayer engaged in a unitary business with one or more other corporations shall file a combined report which includes the income, determined under section thirteen-d or thirteen-c of this article, and the allocation and apportionment of income provisions of this article, of all corporations that are members of the unitary business, and such other information as may be required by the tax commissioner.
(k)
Combined reporting at tax commissioner's discretion.
(1) The tax commissioner may require the combined report to include the income and associated apportionment factors of any persons that are not included pursuant to subsection (j) of this section, but that are members of a unitary business, in order to reflect proper apportionment of income of the entire unitary businesses. The tax commissioner may require combination of persons that are not, or would not be doing business in this state pursuant to this section.
(2) If the tax commissioner determines that the reported income or loss of a taxpayer engaged in a unitary business with any person not included pursuant to subsection (j) of this section
represents an avoidance or evasion of tax by such taxpayer, the tax commissioner may, on a case by case basis, require all or any part of the income and associated apportionment factors of such person be included in the taxpayer's combined report.
(3) With respect to inclusion of associated apportionment factors pursuant to this section, the tax commissioner may require the exclusion of any one or more of the factors, the inclusion of one or more additional factors which will fairly represent the taxpayer's business activity in this State, or the employment of any other method to effectuate a proper reflection of the total amount of income subject to apportionment and an equitable allocation and apportionment of the taxpayer's income.
§11-24-13c. Determination of taxable income or loss using combined report.
(a) The use of a combined report does not disregard the separate identities of the taxpayer members of the combined group. Each taxpayer member is responsible for tax based on its taxable income or loss apportioned or allocated to this state, which shall include, in addition to other types of income, the taxpayer member's apportioned share of business income of the combined group, where business income of the combined group is calculated as a summation of the individual net business incomes of all members of the combined group. A member's net business income is determined by removing all but business income, expense and loss from that member's total income, as provided in this section and section thirteen-d of this article.
(b)
Components of income subject to tax in this state; application of tax credits and post apportionment deductions.
(1) Each taxpayer member is responsible for tax based on its taxable income or loss apportioned or allocated to this state, which shall include:
(A) its share of any business income apportionable to this State of each of the combined groups of which it is a member, determined under subsection (c) of this section,
(B) its share of any business income apportionable to this State of a distinct business activity conducted within and without the state wholly by the taxpayer member, determined under the provisions for apportionment of business income set forth in this article,
(C) its income from a business conducted wholly by the taxpayer member entirely within the state,
(D) its income sourced to this state from the sale or exchange of capital or assets, and from involuntary conversions, as determined under subsection (g), section thirteen-d of this article,
(E) its nonbusiness income or loss allocable to this State, determined under the provisions for allocation of non-business income set forth in this article,
(F) its income or loss allocated or apportioned in an earlier year, required to be taken into account as state source income during the income year, other than a net operating loss, and
(G) its net operating loss carryover. If the taxable income computed pursuant to this section and section thirteen-d of this article results in a loss for a taxpayer member of the combined group, that taxpayer member has a West Virginia net operating loss, subject to the net operating loss limitations, and carryover provisions of this article. This West Virginia net operating loss is applied as a deduction in a prior or subsequent year only if that taxpayer has West Virginia source positive net income, whether or not the taxpayer is or was a member of a combined reporting group in the prior or subsequent year.
(2) Except where otherwise provided, no tax credit or post-apportionment deduction earned by one member of the group, but not fully used by or allowed to that member, may be used in whole or in part by another member of the group or applied in whole or in part against the total income of the combined group; and a post-apportionment deduction carried over into a subsequent year as to the member that incurred it, and available as a deduction to that member in a subsequent year, will be considered in the computation of the income of that member in the subsequent year, regardless of the composition of that income as apportioned, allocated or wholly within this state.
(c)
Determination of taxpayer's share of the business income of a combined group apportionable to this State.
The taxpayer's share of the business income apportionable to this State of each combined group of which it is a member shall be the product of:
(1) the business income of the combined group, determined under section thirteen-d of this article, and
(2) the taxpayer member's apportionment percentage, determined in accordance with this article, associated with the combined group's unitary business in this state, and including in the denominator the property, payroll and sales of all members of the combined group, including the taxpayer, which property, payroll and sales are associated with the combined group's unitary business wherever located. The property, payroll, and sales of a partnership shall be included in the determination of the partner's apportionment percentage in proportion to a ratio the numerator of which is the amount of the partner's distributive share of partnership's unitary income included in the income of the combined group in accordance with section thirteen-d of this article, and the denominator of which is the amount of the partnership's total unitary income.
§11-24-13d. Determination of the business income of the combined group.
The business income of a combined group is determined as follows:
(a) From the total income of the combined group, determined under subsection (b) of this section, subtract any income, and add any expense or loss, other than the business income, expense or loss of the combined group.
(b) Except as otherwise provided, the total income of the combined group is the sum of the income of each member of the combined group determined under federal income tax laws, as adjusted for state purposes, as if the member were not consolidated for federal purposes. The income of each member of the combined group shall be determined as follows:
(1) For any member incorporated in the United States, or included in a consolidated federal corporate income tax return, the income to be included in the total income of the combined group shall be the taxable income for the corporation after making allowable adjustments under this article.
(2) For any member not included in subdivision (1) of this subsection, the income to be included in the total income of the combined group shall be determined as follows:
(A) A profit and loss statement shall be prepared for each foreign branch or corporation in the currency in which the books of account of the branch or corporation are regularly maintained.
(B) Adjustments shall be made to the profit and loss statement to conform it to the accounting principles generally accepted in the United States for the preparation of such statements except as modified by this regulation.
(C) Adjustments shall be made to the profit and loss statement to conform it to the tax accounting standards required by this article.
(D) Except as otherwise provided by regulation, the profit and loss statement of each member of the combined group, and the apportionment factors related thereto, whether United States or foreign, shall be translated into the currency in which the parent company maintains its books and records.
(E) Income apportioned to this state shall be expressed in United States dollars.
(3) In lieu of the procedures set forth in subdivision (2) of this subsection, and subject to the determination of the tax commissioner that it reasonably approximates income as determined under this article, any member not included in subdivision (1) of this subsection may determine its income on the basis of the consolidated profit and loss statement which includes the member and which is prepared for filing with the Securities and Exchange Commission by related corporations. If the member is not required to file with the Securities and Exchange Commission, the tax commissioner may allow the use of the consolidated profit and loss statement prepared for reporting to shareholders and subject to review by an independent auditor. If above statements do not reasonably approximate income as determined under this article, the tax commissioner may accept those statements with appropriate adjustments to approximate that income.
(c) If a unitary business includes income from a partnership, the income to be included in the total income of the combined group shall be the member of the combined group's direct and indirect distributive share of the partnership's unitary business income.
(d) All dividends paid by one to another of the members of the combined group shall, to the extent those dividends are paid out of the earnings and profits of the unitary business included in the combined report, in the current or an earlier year, be eliminated from the income of the recipient. This provision shall not apply to dividends received from members of the unitary business which are not a part of the combined group.
(e) Except as otherwise provided by regulation, business income from an intercompany transaction between members of the same combined group shall be deferred in a manner similar to 26 CFR 1.1502-13. Upon the occurrence of any of the following events, deferred business income resulting from an intercompany transaction between members of a combined group shall be restored to the income of the seller, and shall be apportioned as business income earned immediately before the event:
(1) the object of a deferred intercompany transaction is
(A) re-sold by the buyer to an entity that is not a member of the combined group,
(B) re-sold by the buyer to an entity that is a member of the combined group for use outside the unitary business in which the buyer and seller are engaged, or
(C) converted by the buyer to a use outside the unitary business in which the buyer and seller are engaged, or
(2) the buyer and seller are no longer members of the same combined group, regardless of whether the members remain unitary.
(f) A charitable expense incurred by a member of a combined group shall, to the extent allowable as a deduction pursuant to Internal Revenue Code Section 170, be subtracted first from the business income of the combined group (subject to the income limitations of that section applied to the entire business income of the group), and any remaining amount shall then be treated as a nonbusiness expense allocable to the member that incurred the expense (subject to the income limitations of that section applied to the nonbusiness income of that specific member). Any charitable deduction disallowed under the foregoing rule, but allowed as a carryover deduction in a subsequent year, shall be treated as originally incurred in the subsequent year by the same member, and the rules of this section shall apply in the subsequent year in determining the allowable deduction in that year.
(g) Gain or loss from the sale or exchange of capital assets, property described by Internal Revenue Code Section 1231(a)(3), and property subject to an involuntary conversion, shall be removed from the total separate net income of each member of a combined group and shall be apportioned and allocated as follows.
(1) For each class of gain or loss (short term capital, long term capital, Internal Revenue Code Section 1231, and involuntary conversions) all members' business gain and loss for the class shall be combined (without netting between such classes), and each class of net business gain or loss separately apportioned to each member using the member's apportionment percentage determined under subsection (c), section thirteen-c of this article.
(2) Each taxpayer member shall then net its apportioned business gain or loss for all classes, including any such apportioned business gain and loss from other combined groups, against the taxpayer member's nonbusiness gain and loss for all classes allocated to this State, using the rules of Internal Revenue Code Sections 1231 and 1222, without regard to any of the taxpayer member's gains or losses from the sale or exchange of capital assets, Section 1231 property, and involuntary conversions which are nonbusiness items allocated to another state.
(3) Any resulting state source income (or loss, if the loss is not subject to the limitations of Internal Revenue Code Section 1211) of a taxpayer member produced by the application of the preceding subsections shall then be applied to all other state source income or loss of that member.
(4) Any resulting state source loss of a member that is subject to the limitations of Section 1211 shall be carried over by that member, and shall be treated as state source short-term capital loss incurred by that member for the year for which the carryover applies.
(h) Any expense of one member of the unitary group which is directly or indirectly attributable to the nonbusiness or exempt income of another member of the unitary group shall be allocated to that other member as corresponding nonbusiness or exempt expense, as appropriate.
§11-24-13e. Designation of surety.
As a filing convenience, and without changing the respective liability of the group members, members of a combined reporting group may annually elect to designate one taxpayer member of the combined group to file a single return in the form and manner prescribed by the department, in lieu of filing their own respective returns, provided that the taxpayer designated to file the single return consents to act as surety with respect to the tax liability of all other taxpayers properly included in the combined report, and agrees to act as agent on behalf of those taxpayers for the year of the election for tax matters relating to the combined report for that year. If for any reason the surety is unwilling or unable to perform its responsibilities, tax liability may be assessed against the taxpayer members.
§11-24-13f. Water's-edge election; initiation and withdrawal.
(a) Water's-edge election.
Taxpayer members of a unitary group that meet the requirements of subsection (b) of this section may elect to determine each of their apportioned shares of the net business income or loss of the combined group pursuant to a water's-edge election. Under such election, taxpayer members shall take into account all or a portion of the income and apportionment factors of only the following members otherwise included in the combined group pursuant to section thirteen-a of this article:
(1) the entire income and apportionment factors of any member incorporated in the United States or formed under the laws of any state, the District of Columbia, or any territory or possession of the United States;
(2) the entire income and apportionment factors of any member, regardless of the place incorporated or formed, if the average of its property, payroll, and sales factors within the United States is 20 percent or more;
(3) the entire income and apportionment factors of any member which is a domestic international sales corporations as described in Internal Revenue Code Sections 991 to 994, inclusive; a foreign sales corporation as described in Internal Revenue Code Sections 921 to 927, inclusive; or any member which is an export trade corporation, as described in Internal Revenue Code Sections 970 to 971, inclusive;
(4) any member not described in subdivisions (1), (2) or (3) of this subsection shall include the portion of its income derived from or attributable to sources within the United States, as determined under the Internal Revenue Code without regard to federal treaties, and its apportionment factors related thereto;
(5) any member that is a 'controlled foreign corporation,' as defined in Internal Revenue Code Section 957, to the extent of the income of that member that is defined in Section 952 of Subpart F of the Internal Revenue Code ('Subpart F income') not excluding lower-tier subsidiaries' distributions of such income which were previously taxed, determined without regard to federal treaties, and the apportionment factors related to that income; any item of income received by a controlled foreign corporation shall be excluded if such income was subject to an effective rate of income tax imposed by a foreign country greater than ninety percent of the maximum rate of tax specified in Internal Revenue Code Section 11;
(6) any member that earns more than twenty percent of its income, directly or indirectly, from intangible property or service related activities that are deductible against the business income of other members of the combined group, to the extent of that income and the apportionment factors related thereto; and
(7) the entire income and apportionment factors of any member that is doing business in a tax haven, where 'doing business in a tax haven' is defined as being engaged in activity sufficient for that tax haven jurisdiction to impose a tax under United States constitutional standards. If the member's business activity within a tax haven is entirely outside the scope of the laws, provisions and practices that cause the jurisdiction to meet the criteria set forth in the definition of a tax haven, the activity of the member shall be treated as not having been conducted in a tax haven.
(b)
Initiation and withdrawal of election.
(1) A water's-edge election is effective only if made on a timely-filed, original return for a tax year by every member of the unitary business subject to tax under this article. The tax commissioner shall develop rules and regulations governing the impact, if any, on the scope or application of a water's-edge election, including termination or deemed election, resulting from a change in the composition of the unitary group, the combined group, the taxpayer members, and any other similar change.
(2) Such election shall constitute consent to the reasonable production of documents and taking of depositions in accordance with the provisions of this code.
(3) In the discretion of the tax commissioner, a water's-edge election may be disregarded in part or in whole, and the income and apportionment factors of any member of the taxpayer's unitary group may be included in the combined report without regard to the provisions of this section, if any member of the unitary group fails to comply with any provision of this article or if a person otherwise not included in the water's-edge combined group was availed of with a substantial objective of avoiding state income tax.
(4) A water's-edge election is binding for and applicable to the tax year it is made and all tax years thereafter for a period of ten years. It may be withdrawn or reinstituted after withdrawal, prior to the expiration of the ten year period, only upon written request for reasonable cause based on extraordinary hardship due to unforeseen changes in state tax statutes, law, or policy, and only with the written permission of the tax commissioner. If the tax commissioner grants a withdrawal of election, he or she shall impose reasonable conditions as necessary to prevent the evasion of tax or to clearly reflect income for the election period prior to or after the withdrawal. Upon the expiration of the ten year period, a taxpayer may withdraw from the water's edge election. Such withdrawal must be made in writing within one year of the expiration of the election, and is binding for a period of ten years, subject to the same conditions as applied to the original election. If no withdrawal is properly made, the water's edge election shall be in place for an additional ten year period, subject to the same conditions as applied to the original election.
§11-24-24. Credit for income tax paid to another state.
(a) Effective for taxable years beginning on or after the first day of January, one thousand nine hundred ninety-one, and notwithstanding any provisions of this code to the contrary, any financial organization, the business activities of which take place, or are deemed to take place, entirely within this state, shall be allowed a credit against the tax imposed by this article for any taxable year for taxes paid to another state. That credit shall be equal in amount to the lesser of:
(1) The taxes such financial organization shall actually have paid, which payments were made on or before the filing date of the annual return required by this article, to any other state, and which tax was based upon or measured by the financial organization's net income and was paid with respect to the same taxable year; or
(2) The amount of such tax the financial organization would have paid if the rate of tax imposed by this article is applied to the tax base determined under the laws of such other state.
(b) Any additional payments of such tax to other states, or to political subdivisions thereof, by a financial organization described in this section, and any refunds of such taxes, made or received by such financial organization with respect to the taxable year, but after the due date of the annual return required by this article for the taxable year, including any extensions, shall likewise be accounted for in the taxable year in which such additional payment is made or such refund is received by the financial organization.
(c) For tax years beginning on or after the first day of January, two thousand nine, the provisions of this section are null and void and of no force or effect."
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. 503), 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: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 749) passed.
On motion of Delegate White, the title of the bill was amended to read as follows:
S. B. 749 - "A Bill to amend and reenact §11-23-6 and $11-23-27 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §11-23- 5b; to amend and reenact §11-24-1, §11-24-3a, §11-24-7, §11-24-13a and §11-24-24 of said code; and to amend said code by adding thereto four new sections, designated §11-24-13c, §11-24-13d, §11-24-13e and §11-24-13f, all relating to business taxes generally; reducing the business franchise tax; and requiring combined reporting of certain taxes upon businesses."
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 504), 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: Talbott 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. 749) 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.
Conference Committee Reports

Delegate Campbell, from the Committee of Conference on matters of disagreement between the two houses, as to
Com. Sub. for S. B. 178, Allowing counties to increase hotel occupancy tax.
Submitted the following report, which was received:
Your Committee of Conference on the disagreeing votes of the two houses as to the amendments of the House to Engrossed Committee Substitute for Senate Bill No. 178 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses, as follows:
That both houses recede from their respective positions as to the amendment of the House of Delegates on page twelve, and that both houses agree to the following amendment:
On page twelve, section fourteen, on line one hundred fifty-two, by inserting the word "or" and a new subdivision to read as follows:
"(10) Support and operation of the Hatfield-McCoy recreation area by the participating county commissions in the Hatfield-McCoy Regional Recreational Authority.";
And,
That the Senate agree to all other amendments of the House of Delegates to the bill and its title.
Respectfully submitted,
Edwin J. Bowman,
Thomas W. Campbell,

H. Truman Chafin,
Jack Yost,

John Yoder,
Mitch Carmichael,

Conferees on the part
Conferees on the part

Senate.
of the House of Delegates.

On motion of Delegate Campbell, the report of the Committee of Conference was adopted.

The bill, as amended by said report, was then put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 505), and there were--yeas 86, nays 12, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Border, Canterbury, Eldridge, Frederick, Lane, J. Miller, Overington, Rowan, Spencer and Sumner.
Absent And Not Voting: Talbott 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. 178) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Delegate Manchin, from the Committee of Conference on matters of disagreement between the two houses, as to
S. B. 438, Relating to Investment Management Board.
Submitted the following report, which was received:
Your Committee of Conference on the disagreeing votes of the two houses as to the House of Delegates amendment to S. B. 438 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses, as follows:
That the Senate agree to the amendment of the House of Delegates striking out everything following the enacting section and inserting their provisions, except that as to section nine-c, beginning on page ten, line eighteen, the House of Delegates recede from its position as to all of section nine-c, restoring the Senate language as to all of section nine-c.
On page eleven, section twelve, line fifteen, that both houses recede from their respective positions as to the House of Delegates amendment, and agree to the same as follows:
"§12-6-12. Investment restrictions.
(a) The board shall hold in non-real estate equity investments no more than sixty seventy-five percent of the assets managed by the board and no more than sixty seventy-five percent of the assets of any individual participant plan or the consolidated fund.
(b) In addition to any investments the board may make pursuant to subsection (h) of this section, the board shall hold in real estate equity investments no more than twenty-five percent of the assets managed by the board and no more than twenty-five percent of the assets of any individual participant plan: Provided, That any such investment be only made upon the recommendation by a professional, third-party fiduciary investment adviser registered with the Securities and Exchange Commission under the Investment Advisors Act of 1940, as amended, upon the approval of the board or a committee designated by the board, and upon the execution of the transaction by a third- party investment manager: Provided, however, That the board's ownership interest in any fund is less than forty percent of the fund's assets at the time of purchase: Provided further, that the combined investment of institutional investors, other public sector entities, and educational institutions and their endowments and foundations in the fund is in an amount equal to or greater than fifty percent of the board's total investment in the fund, at the time of acquisition. For the purposes of this subsection, 'fund' means a real estate investment trust traded on a major exchange of the United States of America, or a partnership, limited partnership, limited liability company or other entity holding or investing in related or unrelated real estate investments, at least three of which are unrelated and the largest of which is not greater than forty percent of the entity's holdings, at the time of purchase.
(b) (c) The board shall hold in international securities no more than twenty thirty percent of the assets managed by the board and no more than twenty thirty percent of the assets of any individual participant plan or the consolidated fund.
(c) (d) The board may not at the time of purchase hold more than five percent of the assets managed by the board in the non-real estate equity securities of any single company or association: Provided, That if a company or association has a market weighting of greater than five percent in the Standard & Poor's 500 index of companies, the board may hold securities of that non-real estate equity equal to its market weighting.
(d) The board shall at all times limit its asset allocation and types of securities to the following:
(1) The board may not hold more than twenty percent of the aggregate participant plan assets in commercial paper. Any commercial paper at the time of its acquisition shall be in one of the two highest rating categories by an agency nationally known for rating commercial paper;
(2) At no time shall the board hold more than seventy-five percent of the assets managed by the board in corporate debt. Any corporate debt security at the time of its acquisition shall be rated in one of the six highest rating categories by a nationally recognized rating agency; and
(3) (e) No security may be purchased by the board unless the type of security is on a list approved by the board. The board may modify the securities list at any time and shall give notice of that action pursuant to subsection (g), section three of this article and shall review the list at its annual meeting.
(e) (f) Notwithstanding the investment limitations set forth in this section, it is recognized that the assets managed by the board, or the assets of the consolidated fund or participant plans, whether considered in the aggregate or individually, may temporarily exceed the investment limitations in this section due to market appreciation, depreciation and rebalancing limitations. Accordingly, the limitations on investments set forth in this section shall not be considered to have been violated if the board rebalances the assets it manages or the assets of the consolidated fund or participant plans, whichever is applicable, to comply with the limitations set forth in this section at least once every six twelve months based upon the latest available market information and any other reliable market data that the board considers advisable to take into consideration, except for those assets authorized by subsections (b) and (h) of this section, for which compliance with the percentage limitations shall be measured at such time as the investment is made.
(f) (g) The board, at the annual meeting provided for required in subsection (h), section three of this article, shall review, establish and modify, if necessary, the investment objectives of the individual participant plans as incorporated in the investment policy statements of the respective trusts so as to provide for the financial security of the trust funds giving consideration to the following:
(1) Preservation of capital;
(2) Diversification;
(3) Risk tolerance;
(4) Rate of return;
(5) Stability;
(6) Turnover;
(7) Liquidity; and
(8) Reasonable cost of fees.
(h) In addition to any and all other investments the board may make under this article and all investment authority granted to the board by this article, the board is expressly authorized to invest no more than twenty percent of the assets managed by the board, and no more than twenty percent of the assets of any individual participant plan, or any other endowment or other fund managed by the board, as measured at the time of the investment, in any one or more classes, styles or strategies of alternative investments suitable and appropriate for investment by the board. A suitable and appropriate alternative investment is a private equity fund such as a venture capital, private real estate or buy-out fund; commodities fund; distressed debt fund; mezzanine debt fund; hedge fund; put or call on an individual security purchased for the purpose of hedging an authorized investment position; or fund consisting of any combination of private equity, distressed or mezzanine debt, hedge funds, private real estate, commodities and other types and categories of investment permitted under this article: Provided, That any such investment be only made upon the recommendation by a professional, third-party fiduciary investment adviser registered with the Securities and Exchange Commission under the Investment Advisors Act of 1940, as amended, upon the approval of the board or a committee designated by the board, and upon the execution of the transaction by a third- party investment manager: Provided, however, That if the standard confidentiality agreements, policies or procedures of any firm, company or organization through which the board invests in securities prohibit, restrict or limit the disclosure of information pertaining to the securities, the information shall be exempt from disclosure, under the provisions of chapter twenty-nine-b of this code or otherwise, to the extent of the prohibitions, restrictions or limitations: Provided further, That the board's ownership interest in any fund is less than forty percent of the fund's assets at the time of purchase: And provided further, That the combined investment of institutional investors, other public sector entities, and educational institutions and their endowments and foundations in the fund is in an amount equal to or greater than fifty percent of the board's total investment in the fund, at the time of acquisition. For the purposes of this subsection, 'fund' means a partnership, limited partnership, limited liability company or other form of entity holding or investing in a collection of related or unrelated investments, at least three of which are unrelated and the largest of which is not greater than forty percent of the fund's composition, at the time of purchase. To facilitate access to markets, control, manage or diversify portfolio risk, or enhance performance or efficiency in connection with investments in alternative investments and all other types and categories of investment permitted under this article, the board may enter into commercially customary and prudent market transactions consistent with the laws of the state: Provided, That neither the purpose nor the effect of such transactions may materially increase market risk or market exposure of the total portfolio of investments as adjusted from time to time by the board. The investments described in this subsection are subject to the requirements, limitations and restrictions set forth in this subsection of this section, and the standard of care set forth in section eleven of this article, but are not subject to any other limitations or restrictions set forth elsewhere in this article or code."
And,
That both houses recede from their positions as to the title of the bill and agree to the same as follows:
S. B. 438 - "A Bill to amend and reenact §12-6-2, §12-6-4, §12-6-9c, §12-6-12 and §12-6- 14 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §12-6-18, all relating to investment of moneys by the West Virginia Investment Management Board; modifying the type and amount of bonds or insurance coverage that may be obtained and maintained by the Investment Management Board; authorizing the establishment and maintenance of a self-insurance account in connection with the procurement and maintenance of insurance coverage by the Investment Management Board; modifying provisions relating to authority of the board to make certain investments in investment companies or investment trusts registered under the Investment Company Act of 1940; modifying restrictions and limitations on permissible investments by the West Virginia Investment Management Board; authorizing investment in real estate investment funds and alternative investment funds and establishing conditions and limitations on the same; providing an exemption from disclosure under the Freedom of Information Act with respect to information concerning which disclosure is prohibited, restricted or limited by standard confidentiality agreements, policies or procedures of firms, companies or organizations through which the West Virginia Investment Management Board invests, to the extent of the prohibitions, restrictions or limitations; requiring certain additional information be part of the Investment Management Board's annual report; providing authority for the Legislature to commission or direct audits, reviews and studies as it considers necessary; and specifying that the provisions of the article are to be liberally construed to effect the public purposes of the article."
Respectfully submitted,
Dan Foster,
Tim Manchin,

Brooks McCabe,
Orphy Klempa,

Mike Hall,
Ron Walters,

Conferees on the part
Conferees on the part

of the Senate.
of the House of Delegates.

On motion of Delegate Manchin, the report of the Committee of Conference was adopted.

The bill, as amended by said report, was then put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 506), and there were--yeas 91, nays 7, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Border, Ellem, Fleischauer, Frederick, Lane, Michael and Schoen.
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 438) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Miscellaneous Business

Delegate Caputo asked and obtained unanimous consent that the remarks of Delegate Perdue regarding the pharmaceutical drug industry be printed in the Appendix to the Journal.
Delegate White asked and obtained unanimous consent that the remarks of Delegate DeLong regarding S. B. 749, Relating to corporation net income tax, be printed in the Appendix to the Journal.
Delegate C. Miller asked and obtained unanimous consent that the remarks of Delegates Carmichael and Armstead regarding S. B. 749, Relating to corporation net income tax be printed in the Appendix to the Journal.
Delegate Palumbo asked and obtained unanimous consent that the remarks of Delegate Doyle regarding S. B. 739, Relating to disclosure of transactions with affiliates and other related parties be printed in the Appendix to the Journal.
Conference Committee Reports

Delegate Kominar, from the Committee of Conference on matters of disagreement between the two houses, as to
Com. Sub. for H. B. 2955, Continuing a flat-rate excise tax on motor fuel at $.205.
Submitted the following report, which was received:
Your Committee of Conference on the disagreeing votes of the two houses as to the Senate amendment to Com. Sub. for H. B. 2955 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses, as follows:
That both houses recede from their respective positions as to the Senate amendment, on pages eight through ten, by striking out all of section forty seven, and agree to the same as follows:
"§11-14C-47. Disposition of tax collected; dedicated receipts; reports.
(a) There is hereby created and established in the state treasury a special revolving fund to be known and designated as the 'Motor Fuel General Tax Administration Fund.' The commissioner is authorized to retain one half of one percent of the tax collected pursuant to the provisions of this article: Provided, That in any fiscal year in which the tax collected pursuant to the provisions of this article exceed three hundred million dollars, the commissioner is authorized to retain an additional one percent of the tax in excess of the three hundred million dollars that is collected. The amounts retained by the commissioner under this subsection shall be deposited in the motor fuel general tax administration fund and may be expended for the general administration of taxes imposed by this chapter.
(b) All remaining tax collected under the provisions of this article after deducting the amount of any refunds lawfully paid shall be paid into the state road fund and used only for the purpose of construction, reconstruction, maintenance and repair of highways, matching of federal moneys available for highway purposes and payment of the interest and sinking fund obligations on state bonds issued for highway purposes.
(c) Not less than monthly, beginning the first day of July, two thousand seven, the Commissioner of Highways shall report to the Joint Committee on Government and Finance or its designated subcommittee on the amount of tax paid into the state road fund under subsection (b) of this section, any matching federal funds, and all expenditures therefrom."
That the Senate recede from the amendment to the enacting section of the bill, restoring the House of Delegates language as to the enacting section.
And,
That both houses recede from their positions as to the title of the bill and agree to the same as follows:
Com. Sub. for H. B. 2955 - "A Bill to amend and reenact §11-14C-5 and §11-14C-47 of the Code of West Virginia, 1931, as amended, all relating to the motor fuel excise tax generally; extending the date to which the rate of the flat-rate component of the motor fuel excise tax will remain at twenty and one-half cents per invoiced gallon; and requiring the Commissioner of Highways to report to the Joint Committee on Government and Finance or its designated subcommittee on the amount of tax paid into the state road fund, any matching federal funds, and all expenditures therefrom."
Respectfully submitted,
K. Steven Kominar,
Walt Helmick,

Larry W. Barker,
Larry J. Edgell,

Allen V. Evans,
Jesse O. Guills,

Conferees on the part
Conferees on the part

of the House of Delegates
of the Senate

On motion of Delegate Kominar, the report of the Committee of Conference was adopted.
The bill, as amended by said report, was then put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 507), and there were--yeas 81, nays 17, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Blair, Carmichael, Duke, Lane, C. Miller, J. Miller, Overington, Porter, Romine, Rowan, Schoen, Sobonya, Sumner, Tansill and Walters.
Absent And Not Voting: Talbott 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 H. B. 2955) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Delegate Miley, from the Committee of Conference on matters of disagreement between the two houses, as to
Com. Sub. for H. B. 2498, Relating to sexual offenses involving children,
Submitted the following report, which was received:
Your Committee of Conference on the disagreeing votes of the two houses as to the amendments of the Senate to Com. Sub. for H. B. 2498 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses as follows:
That both houses recede from their respective positions as to amendments of the Senate striking out every thing following the enacting section and inserting new language, and agreeing to the same as follows:
"ARTICLE 8. CRIMES AGAINST CHASTITY, MORALITY AND DECENCY.

§61-8-9. Indecent exposure.

(a) A person is guilty of indecent exposure when such person intentionally exposes his or her sex organs or anus or the sex organs or anus of another person, or intentionally causes such exposure by another or engages in any overt act of sexual gratification, and does so under circumstances in which the person knows that the conduct is likely to cause affront or alarm.
(b) Except as provided in subsection (c), any person who violates the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be confined in the county jail not more than ninety days, or fined not more than two hundred fifty dollars and confined in the county jail not more than ninety days.
(c) Any person who violates the provisions of subsection (a) of this section by intentionally exposing himself or herself to another person and the exposure was done for the purpose of sexual gratification, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than five hundred dollars or confined in jail not more than twelve months, or both. For a second offense, the person is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one thousand dollars and confined in jail for not less than thirty days nor more than twelve months. For a third or subsequent offense, the person is guilty of a felony and, upon conviction thereof, shall be fined not more than three thousand dollars and imprisoned in a state correctional facility for not less than one year nor more than five years.
ARTICLE 8B. SEXUAL OFFENSES.
§61-8B-1. Definition of terms.
In this article, unless a different meaning plainly is required:
(1) 'Forcible compulsion' means:
(a) Physical force that overcomes such earnest resistance as might reasonably be expected under the circumstances; or
(b) Threat or intimidation, expressed or implied, placing a person in fear of immediate death or bodily injury to himself or herself or another person or in fear that he or she or another person will be kidnapped; or
(c) Fear by a person under sixteen years of age caused by intimidation, expressed or implied, by another person who is at least four years older than the victim.
For the purposes of this definition 'resistance' includes physical resistance or any clear communication of the victim's lack of consent.
(2) 'Married', for the purposes of this article in addition to its legal meaning, includes persons living together as husband and wife regardless of the legal status of their relationship.
(3) 'Mentally defective' means that a person suffers from a mental disease or defect which renders that person incapable of appraising the nature of his or her conduct.
(4) 'Mentally incapacitated' means that a person is rendered temporarily incapable of appraising or controlling his or her conduct as a result of the influence of a controlled or intoxicating substance administered to that person without his or her consent or as a result of any other act committed upon that person without his or her consent.
(5) 'Physically helpless' means that a person is unconscious or for any reason is physically unable to communicate unwillingness to an act.
(6) 'Sexual contact' means any intentional touching, either directly or through clothing, of the breasts, buttocks, anus or any part of the sex organs of another person, or the breasts of a female or intentional touching of any part of another person's body by the actor's sex organs, where the victim is not married to the actor and the touching is done for the purpose of gratifying the sexual desire of either party.
(7) 'Sexual intercourse' means any act between persons involving penetration, however slight, of the female sex organ by the male sex organ or involving contact between the sex organs of one person and the mouth or anus of another person.
(8) 'Sexual intrusion' means any act between persons involving penetration, however slight, of the female sex organ or of the anus of any person by an object for the purpose of degrading or humiliating the person so penetrated or for gratifying the sexual desire of either party.
(9) 'Bodily injury' means substantial physical pain, illness or any impairment of physical condition.
(10) 'Serious bodily injury' means bodily injury which creates a substantial risk of death, which causes serious or prolonged disfigurement, prolonged impairment of health or prolonged loss or impairment of the function of any bodily organ.
(11) 'Deadly weapon' means any instrument, device or thing capable of inflicting death or serious bodily injury, and designed or specially adapted for use as a weapon, or possessed, carried or used as a weapon.
(12) 'Forensic medical examination' means an examination provided to a possible victim of a violation of the provisions of this article by medical personnel qualified to gather evidence of the violation in a manner suitable for use in a court of law, to include: An examination for physical trauma; a determination of penetration or force; a patient interview; and the collection and evaluation of other evidence that is potentially relevant to the determination that a violation of the provisions of this article occurred and to the determination of the identity of the assailant."
And,
That both houses recede from their respective positions as to the title of the bill and agree to a new title as follows:
Com. Sub. for H. B. 2498 - "A Bill to amend and reenact §61-8-9 of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-8B-1 of said code, all relating to sexual offenses; increased penalties for indecent exposure for the purpose of sexual gratification; and, expanding the definition of sexual contact to include the touching of the buttocks."
Respectfully submitted,
Tim Miley,
Joseph M. Minard,

Mike Burdiss,
Erik Wells,

Tom Azinger,
Andy McKenzie,

Conferees on the part
Conferees on the part

of the House of Delegates
of the Senate.

On motion of Delegate Miley, the report of the Committee of Conference was adopted.
The bill, as amended by said report, was then put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 508), 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: Talbott 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 H. B. 2498) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Delegate Hrutkay, from the Committee of Conference on matters of disagreement between the two houses, as to
Com. Sub. for H. B. 2051 Including lasers as a method of proving the speed of vehicles,
Submitted the following report, which was received:
Your Committee of Conference on the disagreeing votes of the two houses as to the amendments of the Senate to Com. Sub. for H. B. 2051 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses as follows:
That the Senate recede from its amendment to the bill and to its title.
Respectfully submitted,
Lidella Wilson Hrutkay,
Randy White,

Linda Longstreth,
Mike Green,

Robert A. Schadler,
Mike Hall,

Conferees on the part
Conferees on the part

of the House of Delegates
of the Senate.

On motion of Delegate Hrutkay, the report of the Committee of Conference was adopted.
The bill, as amended by said report, was then put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 509), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Porter.
Absent And Not Voting: Speaker Thompson, Talbott 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 H. B. 2051) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Delegate Swartzmiller, from the Committee of Conference on matters of disagreement between the two houses, as to
S. B. 454, Renaming and restructuring Bureau of Employment Programs.
Submitted the following report, which was received:
Your Committee of Conference on the disagreeing votes of the two houses as to the amendments of the House to S. B. 454 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses, as follows:
That the House of Delegates recede from its amendment on page ten, section nine, after line sixty-seven, inserting a new subsection (g);
That the House recede from its title amendment;
And,
That the Senate agree to all other House amendments to the bill.
Respectfully submitted,
Billy Wayne Bailey,
Randy Swartzmiller,

Joseph M. Minard, Sam Argento
John Yoder Patti Eaglosk Schoen
Conferees on the part
Conferees on the part

of the Senate.
of the House of Delegates.

On motion of Delegate Swartzmiller, the report of the Committee of Conference was adopted.
The bill, as amended by said report, was then put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 510), and there were--yeas 95, nays 3, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Doyle, Lane and Porter.
Absent And Not Voting: Talbott and 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.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 511), 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: Talbott 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.
Delegate Palumbo, from the Committee of Conference on matters of disagreement between the two houses, as to
S. B. 589, Expanding powers and duties of Director of Personnel.
Submitted the following report, which was received:
Your Committee of Conference on the disagreeing votes of the two houses as to the amendments of the House to S. B. 589 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses, as follows:
That both houses recede from their respective positions as to the amendment of the House of Delegates on page three, section seven, and that both houses agree to the following amendment:
On page three, section seven, line twenty-nine, following the word "incentives," by striking out the remainder of the subdivision and inserting in lieu thereof the following: "which notwithstanding any provision of this code to the contrary, may include a one time monetary incentive for recruitment and retention of employees in critically understaffed classifications. The director, in consultation with the Board, shall determine which classifications are critically understaffed. The one time monetary incentive program shall continue until the thirtieth day of June, two thousand nine. The director shall report, annually on or before the thirty-first day of December, commencing in the year two thousand seven, to the Joint Committee on Government and Finance. The annual report shall provide all relevant information on the one time monetary incentive program and the understaffed classifications in state agencies."
Respectfully submitted,
Brooks McCabe,
Corey L. Palumbo,

Evan H. Jenkins,
K. Steven Kominar

Larry J. Edgell,
Douglas K. Stalnaker

Clarke S. Barnes,
Allen V. Evans

Donna J. Boley,
Ruth Rowan

Conferees on the part
Conferees on the part

of the Senate.
of the House of Delegates.

On motion of Delegate Palumbo, the report of the Committee of Conference was adopted.
The bill, as amended by said report, was then put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 512), and there were--yeas 92, nays 5, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Armstead, Canterbury, Carmichael, Frederick and Sumner.
Absent And Not Voting: Schoen, Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 589) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 513), 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: Talbott 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. 589) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Delegate Long, from the Committee of Conference on matters of disagreement between the two houses, as to
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.
Submitted the following report, which was received:
Your Committee of Conference on the disagreeing votes of the two houses as to the amendments of the House to Engrossed Com. Sub. for S. B. 738 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses, as follows:
That the House of Delegates recede from all its amendments to the bill and the title.
Respectfully submitted,
H. Truman Chafin,
Marshall Long,

Ron Stolllings,
Clif Moore,

Don Caruth,
Thomas Mike Porter,

Conferees on the part
Conferees on the part

of the Senate.
of the House of Delegates.

On motion of Delegate Long, the report of the Committee of Conference was adopted.

The bill, as amended by said report, was then put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 514), and there were--yeas 96, nays 2, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Sobonya and Stalnaker.
Absent And Not Voting: Talbott 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. 738) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 515), 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: Talbott 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 (Com. Sub. for S. B. 738) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Delegate Campbell, from the Committee of Conference on matters of disagreement between the two houses, as to
Com. Sub. for S. B. 185, Creating Tobacco Settlement Finance Authority.
Submitted the following report, which was received:
Your Committee of Conference on the disagreeing votes of the two houses as to the amendments of the House to Engrossed Committee Substitute for Senate Bill No. 185 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses, as follows:
That the Senate agree to the following House of Delegates amendments:
On page six, section one-a, line twenty-one, following the word "of" by removing the word "fifty" and inserting in lieu thereof the word "forty-five".
On page seventeen, section eight, line four, following the word "chairperson" and the comma by inserting the words "the Treasurer of the State of West Virginia,".
On page seventeen, section eight, line four, following the word "and" by removing the word "four" and inserting in lieu thereof, the word "three".
On page twenty-two, section eleven, line fifty-eight, by removing subsection (13) in its entirety.
On page twenty-two, section eleven, line sixty, by removing subsection (14) in its entirety.
On page twenty-three, section eleven, line seventy-seven, following the word "subsection" by removing the designation (7) and inserting in lieu thereof the designation (8) and by redesignating all subsections in section eleven accordingly.
And,
On page twenty-six, section twelve, line sixty-four, following the designation "(7)" by removing the subsection in its entirety and inserting in lieu thereof the following: "A requirement that the cost of issuance excluding fees for bond insurance, credit enhancements, liquidity facilities and rating agency fees, plus underwriter's discount and any other costs associated with the issuance shall not exceed, in the aggregate, the sum of one percent of the aggregate principal amount of the bonds issued".
That the House of Delegates recede from its position as to the following amendments:
On page twenty-four, section twelve, line nine, following the word "than" by removing the words "eight hundred" and inserting in lieu thereof the words "seven hundred seventy-five".
And,
On page twenty-five, section twelve, line forty-seven, following the word "than" by removing the words "eight hundred" and inserting in lieu thereof the words "seven hundred seventy-five".
Respectfully submitted,
Walt Helmick,
Thomas W. Campbell,

John Pat Fanning,
John Doyle

Vic Sprouse,
William Anderson

Conferees on the part
Conferees on the part

of the Senate.
of the House of Delegates.

On motion of Delegate Campbell, the report of the Committee of Conference was adopted. The bill, as amended by said report, was then put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 516), and there were--yeas 82, nays 16, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Blair, Border, Carmichael, Cowles, Duke, Frederick, Guthrie, Michael, C. Miller, Overington, Schoen, Sobonya, Sumner and Swartzmiller.
Absent And Not Voting: Talbott 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. 185) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 517), and there were--yeas 96, nays 2, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Duke and Schoen.
Absent And Not Voting: Talbott 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 (Com. Sub. for S. B. 185) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
At 10:37 p.m., on motion of Delegate DeLong, the House of Delegates recessed for ten minutes, and reconvened at that time.
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. 2253, Providing certain correctional officers be transferred into the civil service system as covered employees.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
"ARTICLE 20. WEST VIRGINIA REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY.

§31-20-27. Employees of Regional Jail Authority; priority of hiring; civil service coverage.
(a) Notwithstanding any provision of this code to the contrary, the authority, when employing correctional officers hiring employees to complete the approved staffing plan of a regional jail completed after the effective date of this section, shall employ any correctional officer applying for a position as a correctional officer at a regional jail who was employed in good standing at a county jail facility in the region at the time of its closing or at a prison facility operated by the division of corrections: Provided, That the regional jail is located within the same region as the prison facility that was closed due to relocation of the prison facility to a site outside the region. Only those correctional officers, who are employees in good standing at the time the prison facility is closed, are eligible for transfer under the provisions of this subsection. Correctional officers, employed under the provisions of this subsection, shall be employed shall do so at a salary and with benefits consistent with the approved plan of compensation of the Division of Personnel, created under section five, article six, chapter twenty-nine of this code. All correctional officers persons employed under this subsection shall also be covered by the policies and procedures of the education and state employees grievance board, created under section five, article six-a, chapter twenty-nine of this code and the classified-exempt service protection policies of the division of personnel be placed in the civil service system as covered employees. On and after the first day of January, two thousand eight, the executive director, of the Regional Jail and Correctional Facility Authority; all employees within the office of the executive director and all regional jail administrators are exempt from coverage under the classified service.
(b) The authority shall, when employing correctional officers to fill positions within the approved staffing plan of any regional jail, employ any correctional officer applying for a position as a correctional officer at a regional jail who was previously employed as a correctional officer in good standing at any local jail facility: Provided, That the local jail facility is located within the same region as the regional jail at the time of the local jail facility's closing or reduction in size and was reduced in size or closed prior to or due to the completion of the regional jail within the region. Correctional officers Persons employed under the provisions of this subsection shall be employed at a salary and with benefits consistent with the approved plan of compensation of the Division of Personnel, created under section five, article six, chapter twenty-nine of this code. Only those county correctional officers who are employees in good standing at the time the local jail facility is closed are eligible for transfer under the provisions of this subsection. All correctional officers All persons employed under this subsection shall also be covered by the policies and procedures of the Education and State Employees Grievance Board created under section five, article six-a, chapter twenty-nine of this code. and the classified-exempt service protection of the division of personnel
(c) Not withstanding the provisions of section ten, article six, chapter twenty-nine of this code, and any rule promulgated thereunder, on and after the first day of July, two thousand seven, any person applying for employment with the Regional Jail and Correctional Facility Authority shall be hired based on passage of the correctional officer examination without regard to his or her position on the correctional officer register and shall be placed in the civil service system as covered employees: Provided, That no such person shall be hired before an otherwise qualified person on a preference register."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 2253 - "A Bill to amend and reenact §31-20-27 of the Code of West Virginia, 1931, as amended, relating to requiring classified service designation for certain Regional Jail and Correctional Facility Authority employees; providing that certain employees retain their current exempt status; and authorizing employment of new employees who have successfully completed certain required examinations."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 518), and there were--yeas 82, nays 3, absent and not voting 15, with the nays and absent and not voting being as follows:
Nays: Andes, Lane and Overington.
Absent And Not Voting: Amores, Barker, Beach, Brown, Craig, Eldridge, Fleischauer, Frederick, Michael, Perdue, Porter, Reynolds, Staggers, Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2253) passed.
Delegate DeLong moved that the bill take effect January 1, 2008.
On this question, the yeas and nays were taken (Roll No. 519), and there were--yeas 87, nays none, absent and not voting 13, with the absent and not voting being as follows:
Absent And Not Voting: Amores, Beach, Brown, Craig, Eldridge, Fleischauer, Frederick, Michael, Porter, Reynolds, Staggers, Talbott 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 (Com. Sub. for H. B. 2253) takes effect January 1, 2008.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence as to the effective date thereof.
Reordering of the Calendar

Delegate DeLong announced that the Committee on Rules had transferred
Com. Sub. for S. B. 528, on third reading, House Calendar, to the Special Calendar.
Conference Committee Reports

Delegate Moore, from the Committee of Conference on matters of disagreement between the two houses, as to
H. B. 2568, Extending the sunset provision regarding racial profiling analysis,
Submitted the following report, which was received:
Your Committee of Conference on the disagreeing votes of the two houses as to the amendments of the Senate to H. B. 2568 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses as follows:
That both houses recede from their respective positions as to amendments of the Senate striking out every thing following the enacting section and inserting new language, and agreeing to the same as follows:
ARTICLE 2. ANALYSIS OF TRAFFIC STOPS STUDY AND ANNUAL REPORT BY DIRECTOR OF THE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION.

§17G-2-3. Analysis of traffic stop statistics, annual report and legislative rules.
(a) To facilitate the commencement of data collection on the first day of January, two thousand five, the Director of the Governor's Committee on Crime, Delinquency and Corrections, in consultation with the Division of Motor Vehicles, shall propose emergency and legislative rules in accordance with article three, chapter twenty-nine-a of this code. These rules shall include, but are not limited to:
(1) The manner of reporting the information to the Division of Motor Vehicles;
(2) Promulgation of a form or forms for reporting purposes by various law-enforcement agencies;
(3) A means of reporting the information required in section two, article one of this chapter on warning citations to the Division of Motor Vehicles;
(4) In consultation with the Fraternal Order of Police, the Sheriff's Association, the Deputy Sheriff's Association and representatives of law-enforcement agencies, a means of providing training to law-enforcement officers on completion and submission of the data on the proposed form;
(5) A means of reporting back to individual law-enforcement agencies, from time to time, at the request of a law-enforcement agency on findings specific to that agency in an agreed-upon format to allow the agency to evaluate independently the data provided;
(6) A limitation that the data is to be used solely for the purposes of this chapter;
(7) Safeguards to protect the identity of individual law-enforcement officers collecting data required by section two, article one of this chapter when no citation or warning is issued;
(8) Methodology for collection of gross data by law-enforcement agencies and the analysis of the data;
(9) The number of motor vehicle stops and searches of motor vehicles occupied by members of a perceived minority group; the number of motor vehicle stops and searches of motor vehicles occupied by persons who are not members of a minority group; the population of minorities in the areas where the stops occurred; estimates of the number of all vehicles traveling on the public highways where the stops occurred; factors to be included in any evaluation that the data may indicate racial profiling, racial stereotyping or other race-based discrimination or selective enforcement; and other data deemed appropriate by the Governor's Committee on Crime, Delinquency and Correction for the analysis of the protection of constitutional rights; and
(10) Protocols for reporting collected data by the Division of Motor Vehicles to the Governor's Committee on Crime, Delinquency and Correction and the analysis thereof.
(b) On Annually, on or before the first day of February, two thousand six, and each year thereafter, the Director of the Governor's Committee on Crime, Delinquency and Correction shall publish a public report of the data collected and provide a copy thereof to all law-enforcement agencies subject to this chapter and provide a copy of the report and analysis of the data collected to the Governor and to the Joint Committee on Government and Finance.
(c) The provisions of sections two and three, article one of this chapter and section two of this article shall become effective after were effective the thirty-first day of December, two thousand four.
(d) Collection of data pursuant to subsection (a) of this section shall terminate on the thirty- first day of December, two thousand eight. The provisions of this chapter shall be of no force or effect after the thirty-first day of December thirtieth day of June, two thousand seven nine."
And,
That both houses recede from their respective positions as to the title of the bill and agree to a new title as follows:
H. B. 2568 - "A Bill to amend and reenact §17G-2-3 of the Code of West Virginia, 1931, as amended, relating to extending the sunset provision regarding racial profiling analysis."
Respectfully submitted,

Clif Moore,
Dan Foster,

Marshall Long,
Evan H. Jenkins,

Patrick Lane,
Dave Sypolt,

Conferees on the part
Conferees on the part

of the House of Delegates
.
of the Senate.

On motion of Delegate Lane, the report of the Committee of Conference was adopted. The bill, as amended by said report, was then put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 520), and there were--yeas 86, nays 5, absent and not voting 9, with the nays and absent and not voting being as follows:
Nays: Andes, Blair, Hamilton, Overington and Sobonya.
Absent And Not Voting: Amores, Brown, Craig, Michael, Porter, Reynolds, Staggers, Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2568) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Delegate Varner from the Committee of Conference on matters of disagreement between the two houses to:
Com. Sub. for H. B. 2709, Requiring the installation of fire hydrants at intervals of not more than every two thousand feet on all new installation of water mains,
Submitted the following report, which was received:
Your Committee on Conference on the disagreeing votes of the two houses on the Senate amendment to Com. Sub. for H. B. 2709, having met, after full and free conference, have agreed to recommend and do recommend to their respective houses as follows:
That the Senate recedes from its position as to its amendment, both houses receding from their respective positions and agree to the same as follows:
On page two, section twenty-one, line sixteen, following the word: "hydrant" and the period, by inserting the following: "Provided, That the Legislature shall study the effect, cost and feasibility of the internal hydrant valve and report the findings of that study to the regular session of the Legislature in the year two thousand and eight."
Respectfully Submitted,
Scott Varner,
John Pat Fanning,

Locke Wysong,
Karen L. Facemyer,

Patrick Lane,
Ron Stollings,

Conferees on the part
Conferees on the part

of the House of Delegates
of the Senate.

On motion of Delegate Varner, the report of the Committee of Conference was adopted. The bill, as amended by said report, was then put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 521), and there were--yeas 91, nays none, absent and not voting 9, with the absent and not voting being as follows:
Absent And Not Voting: Amores, Brown, Craig, Michael, Porter, Reynolds, Staggers, Talbott 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 H. B. 2709) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Delegate Stemple, from the Committee of Conference on matters of disagreement between the two houses, as to
Com. Sub. for H. B. 3161, Relating to the theft of oil, natural gas, water, telecommunications, electric and solid waste service.
Submitted the following report, which was received:
Your Committee of Conference on the disagreeing votes of the two houses as to the amendments of the House to Com. Sub. for H. B. 3161 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses, as follows:
That both houses recede from their respective positions as to the amendment of the Senate and that the Senate and House agree to amend as follows:
"ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-45. Tampering with pipes, tubes, wires or electrical conductors; penalty.
Every person who, with intent to injure or defraud, connects, or causes to be connected, any pipe, tube, wire, electrical conductor or other instrument with any main, service pipe, or other pipe or conduit or flume for conducting water, or with any main, service pipe, or other pipe or conduit for conducting oil, natural gas, or with any main, service wire or other electric conductor used for the purpose of conducting electric energy for light, heat or motive services, for the purpose of taking therefrom water, oil, natural gas, telecommunications service, or electric energy, without the knowledge of the owner thereof and with intent to evade payment therefor, shall be is guilty of a misdemeanor and, upon conviction thereof, shall: B be confined in the county jail not exceeding twelve months, or fined not exceeding one two thousand dollars, or both, in the discretion of the court;."
And
That both houses recede from their respective positions as to the title of the bill and agree to a new title as follows:
Com. Sub. for H. B. 3161 - "A Bill to amend and reenact §61-3-45 of the Code of West Virginia, 1931, as amended, relating to the theft of oil, natural gas, water, telecommunications and electric service; and increasing the maximum fine upon conviction.
Respectfully submitted,

Evan Jenkins,
William Stemple,

Jon Hunter,
John Pino,

Clark S. Barnes,
Kelli Sobonya,

Conferees on the part
Conferees on the part

of the Senate.
of the House of Delegates.

On motion of Delegate Campbell, the report of the Committee of Conference was adopted. The bill, as amended by said report, was then put upon its passage.
Delegate Armstead requested to be excused from voting on the passage of Com. Sub. for H. B. 3161 under the provisions of House Rule 49 stating that his employer represented natural gas interests.
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. 522), and there were--yeas 94, nays 1, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Kessler.
Absent And Not Voting: Brown, Porter, Staggers, Talbott 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 H. B. 3161) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Delegate Craig, from the Committee of Conference on matters of disagreement between the two houses, as to
Com. Sub. for S. B. 67, Relating to school access safety generally.
Submitted the following report, which was received:
Your Committee of Conference on the disagreeing votes of the two houses as to the amendments of the House to Com. Sub. for S. B. 67 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses, as follows:
That both houses recede from their respective positions as to the amendment of the House, striking out everything after the enacting clause, and agree to the same as follows:
That §18-9D-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §18-9D-15 of said code be amended and reenacted; that said code be amended by adding thereto a new section, designated §18-9D-20; that said code be further amended by adding thereto a new article, designated §18-9F-1, §18-9F-2, §18-9F-3, §18-9F-4, §18-9F-5, §18-9F-6, §18-9F-7 and §18- 9F-8, all to read as follows:
ARTICLE 9D. SCHOOL BUILDING AUTHORITY.
§18-9D-2. Definitions.
The following terms, wherever used or referred to in this article, have the following meanings For the purposes of this article, unless a different meaning clearly appears from the context:
(1) "Authority" means the School Building Authority of West Virginia; or, if the authority is abolished, any board or officer succeeding to the principal functions of the School Building Authority or to whom the powers given to the authority are given by law
(2) "Bonds" means bonds issued by the authority pursuant to this article;
(3) "Construction project" means a project in the furtherance of a facilities plan with a cost of the project greater than five hundred thousand dollars for the new construction, expansion or major renovation of facilities, buildings and structures for school purposes, including:
(A) The acquisition of land for current or future use in connection with the construction project; as well as
(B) New or substantial upgrading of existing equipment, machinery, furnishings;
(C) Installation of utilities and other similar items convenient in connection with placing related to making the construction project into operation: Provided, That a operational.
(D) Construction project may does not include such items as books, computers or equipment used for instructional purposes; fuel; supplies; routine utility services fees; routine maintenance costs; ordinary course of business improvements; and other items which are customarily considered to result in a current or ordinary course of business operating charge; Provided, however, That a construction project may not include or a major improvement project;
(4) "Cost of project" means the cost of construction, expansion, renovation, repair and safety upgrading of facilities, buildings and structures for school purposes; the cost of land, equipment, machinery, furnishings, installation of utilities and other similar items convenient in connection with placing the project into operation related to making the project operational; and the cost of financing, interest during construction, professional service fees and all other charges or expenses necessary, appurtenant or incidental to the foregoing, including the cost of administration of this article;
(5) "Facilities plan" means a the ten-year countywide comprehensive educational facilities plan established by the a county board in accordance with guidelines adopted by the authority to meet the goals and objectives of this article that: (i)
(A) Addresses the existing school facilities and facility needs of the county to provide a thorough and efficient education in accordance with the provisions of this code and policies of the State Board; (ii)
(B) Best serves the needs of the individual student students, the general school population and the communities served by the facilities; (iii)
(C) Includes a the school major improvement plan; as defined in this section; (iv)
(D) Includes the county board's school access safety plan required by section three, article nine-f of this chapter;
(E) Is updated annually to reflect projects completed, current enrollment projections and new or continuing needs; and (v)
(F) Is approved by the State Board and the authority prior to the distribution of state funds pursuant to this article to any county board or other entity applying for funds;
(6) "Project" means a construction project or a major improvement project;
(7) "Region" means the area encompassed within and serviced by a Regional Educational Service Agency established pursuant to section twenty-six, article two of this chapter;
(8) "Revenue" or "revenues" means moneys:
(A) Deposited in the School Building Capital Improvements Fund pursuant to the operation of section ten, article nine-a of this chapter; moneys
(B) Deposited in the School Construction Fund pursuant to the operation of section thirty, article fifteen, chapter eleven of this code, and pursuant to the operation of section eighteen, article twenty-two, chapter twenty-nine of this code; moneys
(C) Deposited in the School Building Debt Service Fund pursuant to section eighteen, article twenty-two, chapter twenty-nine of this code; moneys
(D) Deposited in the School Major Improvement Fund pursuant to the operation of section thirty, article fifteen, chapter eleven of this code; any moneys
(E) Received, directly or indirectly, from any source for use in any project completed pursuant to this article; and any other moneys
(F) Received by the authority for the purposes of this article;
(9) "School major improvement plan" means a ten-year school maintenance plan that: (i)
(A) Is prepared by a county board of education in accordance with the guidelines established by the authority and incorporated in its Countywide Comprehensive Educational Facilities Plan, or is prepared by the State Board of education or the administrative council of an area vocational educational center in accordance with the guidelines if the entities seek funding from the authority for a major improvement project; (ii)
(B) Addresses the regularly scheduled maintenance for all school facilities of the county or under the jurisdiction of the entity seeking funding; (iii)
(C) Includes a projected repair and replacement schedule for all school facilities of the county or of entity seeking funding; (iv)
(D) Addresses the major improvement needs of each school within the county or under the jurisdiction of the entity seeking funding; and (v)
(E) Is required prior to the distribution of state funds for a major improvement project pursuant to this article to the county board, State Board or administrative council; and
(10) "School major improvement project" means a project with a cost greater than fifty thousand dollars and less than five hundred thousand dollars for the renovation, expansion, repair and safety upgrading of existing school facilities, buildings and structures, including the substantial repair or upgrading of equipment, machinery, building systems, utilities and other similar items convenient in connection with such related to the renovation, repair or upgrading in the furtherance of a school major improvement plan. Provided, That A major improvement project may does not include such items as books, computers or equipment used for instructional purposes; fuel; supplies; routine utility services fees; routine maintenance costs; ordinary course of business improvements; and or other items which are customarily considered to result in a current or ordinary course of business operating charge.
§18-9D-15. Legislative intent; allocation of money among categories of projects; lease purchase options; limitation on time period for expenditure of project allocation; county maintenance budget requirements; project disbursements over period of years; preference for multicounty arrangements; submission of project designs; set-aside to encourage local participation.

(a) It is the intent of the Legislature to empower the School Building Authority to facilitate and provide state funds and to administer all federal funds provided for the construction and major improvement of school facilities so as to meet the educational needs of the people of this state in an efficient and economical manner. The authority shall make funding determinations in accordance with the provisions of this article and shall assess existing school facilities and each facility's school major improvement plan in relation to the needs of the individual student, the general school population, the communities served by the facilities and facility needs statewide.
(b) An amount that is no not more than three percent of the sum of moneys that are determined by the authority to be available for distribution during the then current fiscal year from: (1) Moneys paid into the School Building Capital Improvements Fund pursuant to section ten, article nine-a of this chapter;
(2) The issuance of revenue bonds for which moneys in the School Building Debt Service Fund are pledged as security;
(3) Moneys paid into the School Construction Fund pursuant to section six of this article; and
(4) Any other moneys received by the authority, except moneys paid into the School Major Improvement Fund pursuant to section six of this article and moneys deposited into the School Access Safety Fund pursuant to section five, article nine-f of this chapter, may be allocated and may be expended by the authority for projects authorized in accordance with the provisions of section sixteen of this article that service the educational community statewide or, upon application by the State Board, for educational programs that are under the jurisdiction of the State Board. In addition, upon application by the State Board or the administrative council of an area vocational educational center established pursuant to article two-b of this chapter, the authority may allocate and expend under this subsection moneys for school major improvement projects authorized in accordance with the provisions of section sixteen of this article proposed by the State Board or an administrative council for school facilities under the direct supervision of the State Board or an administrative council, respectively. Furthermore, upon application by a county board, the authority may allocate and expend under this subsection moneys for school major improvement projects for vocational programs at comprehensive high schools, vocational schools cooperating with community and technical college programs, or both. Each county board is encouraged to cooperate with community and technical colleges in the use of existing or development of new vocational t