_________*__________




Thursday, March 8, 2007

FIFTY-EIGHTH 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 Wednesday, March 7, 2007, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Conference Committee Report

Delegate Shook from the Committee of Conference on matters of disagreement between the two houses to:
Com. Sub. for H. B. 2718, Authorizing West Virginia Lottery Table Games at State Racetracks,
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. 2718, having met, after full and free conference, have agreed to recommend and do recommend to their respective houses as follows:
That the House agree to the Senate amendment striking out everything following the enacting section and inserting their provisions, except as to page thirty-one, section eight, line twenty-six, and that the Senate agree to House language at that page, section and line, restoring the House language "section twenty-three".
Respectfully Submitted,
Alex J. Shook,
Jeffrey V. Kessler,

Randy Swartzmiller
Edwin Bowman

Robert A. Schadler
Andy McKenzie

Conferees on the part
Conferees on the part

of the House of Delegates.
of the Senate.

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

The bill, as amended by said report, was then put upon its passage.
Delegates Andes, DeLong and Schoen requested to be excused from voting on the passage of Com. Sub. for H. B. 2718 under the provisions of House Rule 49.
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.
On the passage of the bill, the yeas and nays were taken (Roll No. 333), and there were--yeas 55, nays 43, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Anderson, Andes, Armstead, Ashley, Azinger, Blair, Boggs, Border, Campbell, Cann, Canterbury, Carmichael, Cowles, Craig, Duke, Ellem, Ennis, Frederick, Hamilton, Hartman, Iaquinta, Ireland, Kessler, Lane, Mahan, Miley, C. Miller, J. Miller, Moye, Overington, Palumbo, Pino, Porter, Reynolds, Rodighiero, Rowan, Schoen, Sobonya, Stephens, Sumner, Tabb, Tansill 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 (Com. Sub. for H. B. 2718) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Delegate Overington asked and obtained unanimous consent that the remarks of Delegates Armstead and Sobonya regarding Com. Sub. for H. B. 2718 be printed in the Appendix to the Journal.
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. 52, The "Vaughn Ray York Memorial Bridge",
H. C. R. 69, Requesting the Joint Committee on Government and Finance to study the closing times of establishments licensed to sell alcoholic beverages for consumption on the premises,
S. C. R. 22, Requesting issuance of commemorative Mother's Day coin,
S. C. R. 32, Requesting Congress lower National Guard members' retirement age,
And reports the same back with the recommendation that they each be adopted.
At the request of Delegate DeLong and by unanimous consent, H. C. R. 52 and H. C. R. 69, 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 and request concurrence therein.
At the request of Delegate DeLong and by unanimous consent, S. C. R. 22 and S. C. R. 32 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.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 337, Establishing greenhouse gases inventory program,
And,
S. B. 753, Filling vacancies in nominations for general elections,
And reports the same back with the recommendation that they each do pass.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 565, Requiring certain partnerships and businesses provide disclosure of organizations' members' names,
Com. Sub. for S. B. 595, Revising workers' compensation statutes,
And,
S. B. 612, Increasing criminal penalties for violations of certain hunting and fishing laws by nonresidents,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 447, Regulating opioid treatment centers,

And reports the same back, with amendment, with the recommendation that it do pass, as amended.
Delegate DeLong asked and obtained unanimous consent that all bills reported out of committee be read a first time and ordered to second reading, which bills were as follows:
Com. Sub. for S. B. 337, Establishing greenhouse gases inventory program,
Com. Sub. for S. B. 447, Regulating opioid treatment centers,
Com. Sub. for S. B. 565, Requiring certain partnerships and businesses provide disclosure of organizations' members' names,
Com. Sub. for S. B. 595, Revising workers' compensation statutes,
S. B. 612, Increasing criminal penalties for violations of certain hunting and fishing laws by nonresidents,
And,
S. B. 753, Filling vacancies in nominations for general elections.
Messages from the Executive

Mr. Speaker, Mr. Thompson, presented a communication from His Excellency, the Governor, advising that on March 1, 2007, he approved H. B. 2120; and on March 6, 2007, he approved H. B. 2791 and H. B. 2917.
Mr. Speaker, Mr. Thompson, presented the annual report of the Legislative Oversight Committee on Health and Human Resources Accountability, in accordance with sections four and five (b), article twenty-nine-H, chapter sixteen of the code; which was filed in the Clerk's Office.
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:
H. B. 2590, Authorizing the Department of Revenue to promulgate legislative rules.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything following the enacting section and inserting in lieu thereof the following:
"ARTICLE 7. AUTHORIZATION FOR THE DEPARTMENT OF REVENUE TO PROMULGATE LEGISLATIVE RULES.

§64-7-1. Alcohol Beverage Control Commission.
(a) The legislative rule filed in the State Register on the twenty-fifth day of July, two thousand six, authorized under the authority of section ten, article seven, chapter sixty, of this code, relating to the Alcohol Beverage Control Commission (private club licensing, 175 CSR 2), is authorized with the following amendment:
On page one, by redesignating subdivision 2.5.1. as subsection 2.6. and renumbering the remaining subsections accordingly.
On page fifteen, subdivision 6.7.1., after the word "effect" by striking out the comma and the word "and".
And,
On page fifteen, subdivision 6.7.2. following the word "rule" by inserting a comma and the following: "and
6.7.3. A suspension order suspending a license in the interest of public safety, as specified in W. Va. Code §60-7-13a".
(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 six, article three-A, chapter sixty, of this code, relating to the Alcohol Beverage Control Commission (licensing of retail liquor stores, 175 CSR 5), is authorized, with the following amendment:
On page fifteen, by redesignating paragraph 8.1.1.a. as subdivision 8.1.2. and by renumbering the remaining subdivision accordingly;
And,
On page fifteen, subdivision 8.1.1.a., line two, after the word "for" by striking out the word "the" and inserting in lieu thereof the word "a" and, after the word "investigation", by inserting the following: "undertaken pursuant to subdivision 8.1.1. of this rule".
(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 twenty-two, article sixteen, chapter eleven, of this code, relating to the Alcohol Beverage Control Commission (nonintoxicating beer licensing and operations procedures, 176 CSR 1), is authorized, with the following amendments:
On page four, by redesignating paragraph 3.1.2.a. as subdivision 3.1.3. and renumbering the remaining subdivision accordingly;
On page four, paragraph 3.1.2.a., line two, after the words "by the ABCC for" by striking out the word "the" and inserting in lieu thereof the word "a" and after the word "investigation" by inserting the following: "undertaken pursuant to subdivision 3.1.2. of this rule";
On page twelve, subdivision 3.2.2, on line three, after the word "manufacturer" by striking out the word "whose chief place of business is outside of the State of West Virginia"; and
On page twenty-seven, following paragraph 13.2.1.3, by inserting a new paragraph designated as 13.2.1.4, to read as follows:
"13.2.1.4. The provisions of this rule and W. Va. Code § 11-16-1 et. seq. shall be part of all franchise agreements subject to the provisions of W. Va. Code § 11-16-21 and may not be altered by the parties."
On page twenty, subdivision 6.1.14, by striking out the word "and" and the comma;
On page twenty, subdivision 6.1.15, by changing the period to a semicolon and inserting the word "and" and a comma.
And,
On page twenty, following subdivision 6.1.15, by inserting a new subdivision, designated as 6.1.16, to read as follows:
"6.1.16. For any person to manufacture, sell, transport, deliver, furnish, purchase, consume or possess any nonintoxicating beer except as provided by the laws of this state or rules lawfully promulgated by the Commissioner."
§64-7-2. Insurance Commissioner.
(a) The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand six, authorized under the authority of section ten, article two, chapter thirty-three, of this code, modified by the Insurance Commissioner to meet the objections of the Legislative Rule- Making Review Committee and refiled in the State Register on the twentieth day of December, two thousand six, relating to the insurance Commissioner (rate filing requirements for title insurance companies, 114 CSR 77), is authorized with the following amendment:
On page one, section 3, subsection 3.3, line thirty-five, following the words "household purposes", by striking out the comma and the words "where the insurance affords coverage in whole or in part to the person occupying the property".
(b) The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand six, authorized under the authority of section ten, article two, chapter thirty-three, of this code, modified by the Insurance Commissioner to meet the objections of the Legislative Rule- Making Review Committee and refiled in the State Register on the twentieth day of December, two thousand six, relating to the insurance Commissioner (individual limited health benefits plans, 114 CSR 78), is authorized with the following amendment:
On page two, section five, subsection 5.3, line eighteen, by striking out the word "An" and inserting in lieu thereof the following: "Except as provided in section three, article fifteen-d, chapter thirty-three of the Code of West Virginia, an";
And,
On page three, section six, after subsection 6.3., by inserting a new subsection, designated subsection 6.4., to read as follows:
"6.4. Before approving any plan or policy under this rule, the Commissioner must find that the plan or policy furthers the legislative purpose of W. Va. Code §33-15D-1, et seq., by providing substantial preventative care and primary care benefits. This subsection does not apply to any plan or policy approved by the Commissioner prior to the effective date of this rule unless and until the provider of the plan or policy makes a subsequent filing with regard to such plan or policy."
(c) The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand six, authorized under the authority of section ten, article two, chapter thirty-three, of this code, modified by the Insurance Commissioner to meet the objections of the Legislative Rule- Making Review Committee and refiled in the State Register on the twentieth day of December, two thousand six, relating to the insurance Commissioner (group limited health benefits plans, 114 CSR 79), is authorized, with the following amendment:
On page two, section seven, after subsection 7.3., by inserting a new subsection, designated subsection 7.4., to read as follows:
"7.4. Before approving any plan or policy under this rule, the Commissioner must find that the plan or policy furthers the legislative purpose of W. Va. Code §33-16F-1, et seq., by providing substantial preventative care and primary care benefits. This subsection does not apply to any plan or policy approved by the Commissioner prior to the effective date of this rule unless and until the provider of the plan or policy makes a subsequent filing with regard to such plan or policy.".
§64-7-3. Racing Commission.
The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand six, authorized under the authority of section six, article twenty-three, chapter nineteen, of this code, modified by the Racing Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the seventeenth day of January, two thousand seven, relating to the Racing Commission (thoroughbred racing, 178 CSR 1), is authorized, with the following amendment:
On page four, subsection 2.53, after the word "substance" by striking out the comma.
On page fifty-eight, subsection 66.10., after the word "electrolytes." by striking out the words "Prerace-testing" and inserting in lieu thereof the words "Pre-race testing".
On page fifty-eight, subsection 66.10., after the words "If testing" by striking out "post race" and inserting in lieu thereof the word "post-race".
On page fifty-eight, subsection 66.10., after the words "dioxide concentration." by striking out the word "If" and capitalizing the word "the".
On page fifty-eight, subsection 66.10., after the words "racing chemist" by inserting the words "shall inform the stewards if he or she".
On page fifty-eight, subsection 66.10., after the words "per liter" by changing the comma to a period and by striking out the remainder of the subsection;
On page fifty-eight, subsection 66.11., by striking out the word "shall" and inserting in lieu thereof the word "do".
On page sixty-three, by striking out subdivision 73.2.1. through subparagraph 73.2.1.1.c. and inserting in lieu thereof the following:
"73.2.a. Acting with reasonable cause, the stewards or a designated representative of the Racing Commission may direct any licensee, occupational permit holder or employee to deliver a specimen of urine in the presence of a designated person or subject himself of herself to the taking of a sample of blood or other bodily fluids by a designated person."
And,
On pages sixty-three and sixty-four, by redesignating subdivisions 73.2.2. through 7.3.5. as subdivisions 73.2.b. through 73.2.e.
§64-7-4. Tax Department.
(a) The legislative rule filed in the State Register on the twenty-fifth day of July, two thousand six, authorized under the authority of section five, article ten, chapter eleven, of this code, modified by the Tax Department 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 Tax Department (abusive tax shelters, 110 CSR 10J), is authorized, with the following amendments:
On page five, paragraph 3.2.17.1., on line three, by striking out "3.2.13.1" and inserting in lieu thereof "3.2.13";
On page fifteen, subdivision 6.3.2., by striking out the words "Makes or causes another person to make a false or fraudulent statement with respect to securing a tax benefit or a gross valuation as to any material matter, and";
And,
On page seventeen, subdivision 7.3.2., by striking out the subdivision in its entirety and renumbering the remaining subdivision.
(b) The legislative rule filed in the State Register on the twenty-second day of December, two thousand five, authorized under the authority of section five, article ten, chapter eleven, of this code, modified by the Tax Department to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the eighth day of June, two thousand six, relating to the Tax Department (Consumers Sales and Service Tax and Use Tax - reduced sales tax on food, 110 CSR 15H), is authorized, with the following amendment:
On page eight, section 5.1, line one, after the word "Section", by striking out "2" and inserting in lieu thereof "3".
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. 334), and there were--yeas 94, nays 4, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Armstead, Lane, Sobonya 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. 2590) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 335), 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. 2590) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Resolutions Introduced

Delegates Hamilton, Argento, Azinger, Brown, Burdiss, Eldridge, Ellem, Fleischauer, Guthrie, Hrutkay, Kessler, Long, Longstreth, Mahan, Miley, Moore, Pino, D. Poling, Proudfoot, Rodighiero, Schadler, Shook, Tabb, Tansill and Varner offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 84 - "Requesting the Joint Committee on Government and Finance study prohibiting oil and gas drillers from 'daylighting' roads and sites except under certain conditions, and requiring oil and gas companies to pay damages to landowners for diminution in value of tracts of land due to unnecessary daylighting."
Whereas, "Daylighting" is the process of clearing timber and other woody materials back from the roadway or site to allow entrance of sunlight and wind in an attempt to accelerate the drying of the road or site surface; and
Whereas, Oil and gas developers often unnecessarily use roads or site locations contrary to the surface owner's desires, thereby diminishing the total value of the entire tract of land through daylighting; and
Whereas, Landowners should be properly compensated for damages to any land due to the process of daylighting; and
Whereas, The Office of Oil and Gas might promulgate rules permitting daylighting with the signed consent of the landowner and based upon scientific studies of hydrology, botanical succession, and other relevant fields; and
Whereas, The Office of Oil and Gas might promulgate a form describing the practice of daylighting, the surface owner's rights, and consent language; and
Whereas, Such form might be served on landowners at the same time a well permit application is served; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study prohibiting oil and gas drillers from "daylighting" roads and sites except under certain conditions, and requiring oil and gas companies to pay damages to land owners for diminution in value of entire tracts of land due to unnecessary daylighting; 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.
At the request of Delegate DeLong, and by unanimous consent, reference of the resolution (H. C. R. 84) to a committee was dispensed with, and it 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.
Delegates Spencer, Fragale, DeLong, Shook, Amores, Anderson, Andes, Argento, Barker, Beach, Blair, Boggs, Burdiss, Campbell, Canterbury, Caputo, Carmichael, Craig, Ellem, Evans, Guthrie, Hamilton, Hartman, Hatfield, Hutchins, Iaquinta, Ireland, Klempa, Kominar, Lane, Longstreth, Manchin, Marshall, Martin, Miley, J. Miller, Moore, Morgan, Moye, Overington, Palumbo Perdue, Perry, Pethtel, Pino, D. Poling, M. Poling, Porter, Proudfoot, Reynolds, Rodighiero, Romine, Rowan, Schadler, Schoen, Staggers, Stephens, Sumner, Swartzmiller, Talbott, Tansill, Tucker, Webster, Wells, White and Yost offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 85 - "Requesting the Joint Committee on Government and Finance to conduct a study of community colleges and four-year colleges and universities in the State of West Virginia, focusing on how such institutions may better serve their local communities and the duplication of services."
Whereas, The shift from the Industrial Age to the Information Age is transforming our civilization and educational needs; and
Whereas, The mission of community colleges is driven by a strong commitment to occupational, remedial, community and adult education; and
Whereas, Community colleges have existed and exist to identify and respond to the educational needs of adult learners within a specified service area; and
Whereas, As we enter the Information Age, both community colleges and traditional four-year colleges face the very real challenge of redirecting the course of American education so that young people will be ready to wrestle with the demands of the new global economy, the new realities facing government, and the new challenges of a multicultural world; and
Whereas, Both community colleges and traditional four-year colleges must strengthen their community dimension; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to conduct a study of community colleges and four year colleges and universities in the State of West Virginia, focusing on and how such institutions may better serve their local communities and the duplication of services; 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 recommendation; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
At the request of Delegate DeLong, and by unanimous consent, reference of the resolution (H. C. R. 85) to a committee was dispensed with, and it 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.
Delegates Stemple, Amores, Anderson, Andes, Argento, Armstead, Ashley, Azinger, Beach, Blair, Boggs, Border, Browning, Burdiss, Campbell, Canterbury, Carmichael, Craig, Crosier, DeLong, Doyle, Duke, Eldridge, Ellis, Ennis, Evans, Fleischauer, Fragale, Guthrie, Hamilton, Hartman, Hatfield, Hrutkay, Hutchins, Iaquinta, Ireland, Kessler, Klempa, Kominar, Lane, Long, Longstreth, Mahan, Manchin, Marshall, Martin, Michael, Miley, C. Miller, J. Miller, Moore, Morgan, Moye, Overington, Palumbo, Paxton, Perdue, Perry, Pethtel, Pino, D. Poling, M. Poling, Porter, Proudfoot, Reynolds, Rodighiero, Romine, Rowan, Schadler, Shaver, Shook, Sobonya, Spencer, Staggers, Stalnaker, Stephens, Sumner, Swartzmiller, Tabb, Talbott, Tansill, Tucker, Varner, Webster, White, Williams, Wells, Wysong and Yost offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 86 - "Requesting the Joint Committee on Government and Finance conduct a study of the criminal laws and administrative procedures relating to drunk and drugged driving on the roadways of our state."
Whereas, Drunk and drugged driving threatens the safety of all West Virginians, putting individuals and families at risk and causing senseless death and injury on our state?s roadways; and
Whereas, In 2006, one-third of all roadway crashes in West Virginia were related to drunk driving, with one hundred thirteen fatalities and nearly 2,600 persons injured, sixteen percent of those injured sustaining severe or life-threatening trauma; and
Whereas, Drunk driving crashes cost the public over $700,000,000 in economic losses each year here in West Virginia; and
Whereas, The Legislature is charged with making our roadways safer through the enactment of laws to regulate the driving of vehicles; and
Whereas, Reducing the incidence of drunk driving remains one of our state?s greatest challenges and input is needed from public agencies, nonprofit organizations, and victims in order to fully identify the issues and determine solutions; and
Whereas, A comprehensive study of driving under the influence laws and administrative procedures has not been undertaken during legislative interims for five years; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is requested to conduct a study of the criminal laws and administrative procedures relating to drunk and drugged driving on the roadways of our state to better protect our citizens and decrease the number of drunk driving crashes; 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.
At the request of Delegate DeLong, and by unanimous consent, reference of the resolution (H. C. R. 86) to a committee was dispensed with, and it 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.
Delegates Moore, Anderson, Argento, Azinger, Barker, Blair, Boggs, Border, Brown, Browning, Burdiss, Campbell, Canterbury, Carmichael, Crosier, DeLong, Doyle, Eldridge, Ellem, Ellis, Evans, Fleischauer, Guthrie, Hamilton, Hartman, Hatfield, Hrutkay, Hutchins, Iaquinta, Ireland, Kessler, Klempa, Long, Longstreth, Mahan, Manchin, Marshall, Martin, Michael, Miley, Morgan, Moye, Palumbo, Paxton, Perdue, Perry, Pino, D. Poling, M. Poling, Porter, Proudfoot, Rodighiero, Romine, Rowan, Schadler, Schoen, Shaver, Shook, Staggers, Stemple, Stephens, Sumner, Swartzmiller, Tabb, Talbott, Tansill, Tucker, Webster, Williams, Wells and Wysong offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 87 - "Requesting the Joint Committee on Government and Finance to study consumer lending practices and mortgage lending practices."
Whereas, Various financial institutions are offering and marketing mortgage and loan refinancing and debt consolidation offerings, which are being increasingly utilized by consumers to provide additional access to capital and monetary resources; and
Whereas, While most of the refinancing and lending alternatives extended in this state are made available by financial institutions to provide West Virginians with reasonable access to their available homeowner's equity, there is concern that there are some practices in the consumer lending and mortgage lending industry which have resulted in the issuance of loans or the incurrence of obligations which, at the time they were executed, encumbered consumers and mortgage holders with an unreasonable amount of debt in relation to the actual market value of their home or property, or otherwise contained unreasonable and unfair terms and conditions which resulted in unreasonable and excessive costs and financial obligations to the consumers and mortgage holders; and
Whereas, There is concern that some consumers have also been provided with multiple loans or obligations against the same property, without a reasonable ability to pay for the multiple debts; and
Whereas, There is concern that some of the loan and financial opportunities which are actively marketed in this state may contain terms and conditions which may be deemed unreasonable, and could be construed as unfair trade practices in violation of existing laws; and
Whereas, Some of these practices may have contributed to the unreasonable and unfair foreclosure upon outstanding mortgage obligations which were issued to West Virginians; and
Whereas, While the State of West Virginia has extended the Banking Commissioner and other oversight and enforcement bodies with the power to investigate and monitor the records and activities of regulated consumer lenders and mortgage lenders enforcement, to enforce the laws of this state, there is a question as to whether the existing oversight and regulatory methods are sufficient to allow for the identification and monitoring of excesses and abuses that may exist in some portions of the industry; and
Whereas, There is some question as to what information may be legitimately required from all regulated lenders through the annual financial reporting process under existing statutes, to allow for a broad examination of specific indicators for all lenders, with the intent of helping to identify a need for further examination an individual lenders' practices; and
Whereas, Approximately one half of states have adopted specific legislation to address and regulate predatory mortgage lending practices; and
Whereas, To determine the most effective means of the state's existing regulation of this industry, to examine the methods and the effectiveness of existing laws and methods used to monitor and respond to potential abuses and unfair practices, to examine the need for additional regulatory oversight, enforcement or investigatory tools, as well as to determine the impact of such action upon West Virginia citizens, it is necessary to study the practices and regulatory oversight of consumer lending practices and mortgage lending practices; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study consumer lending and mortgage lending practices; 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.
At the request of Delegate DeLong, and by unanimous consent, reference of the resolution (H. C. R. 87) to a committee was dispensed with, and it 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.
Delegates Stemple, Tabb, Amores, Anderson, Andes, Argento, Armstead, Ashley, Barker, Beach, Boggs, Border, Brown, Browning, Burdiss, Campbell, Cann, Canterbury, Caputo, Cowles, Craig, Crosier, DeLong, Doyle, Duke, Eldridge, Ellis, Evans, Fragale, Frederick, Guthrie, Hartman, Hatfield, Hrutkay, Hutchins, Iaquinta, Ireland, Kessler, Klempa, Kominar, Lane, Long, Mahan, Manchin, Marshall, Martin, Miley, C. Miller, J. Miller, Moore, Morgan, Moye, Overington, Palumbo, Paxton, Perdue, Perry, Pino, D. Poling, M. Poling, Proudfoot, Reynolds, Rodighiero, Romine, Rowan, Schoen, Shaver, Shook, Sobonya, Spencer, Staggers, Stalnaker, Stephens, Sumner, Swartzmiller, Talbott, Tansill, Tucker, Varner, Walters, Webster, White, Williams, Wells, Wysong and Yost offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 88 - "Requesting that the Joint Committee on Government and Finance authorize the study of hardships facing West Virginia's agriculture community."
W
HEREAS , Eighty percent of West Virginia's bee colonies require supplemental feeding due to inclement weather; and
W
HEREAS , The beekeeping industry has suffered a heavy blow from parasitic mites; and
W
HEREAS , Nearly 5,000 lambs and ewes are lost statewide each year due to coyote predation; and
W
HEREAS , Over half of West Virginia shepherds who leave the sheep business do so because of sheep losses to predators; and
Whereas, Falling milk prices are weighing heavily on West Virginia's dairy economy; and
W
HEREAS , West Virginia farmers have lost four thousand head of milk cows over the past six years; and
W
HEREAS , Certain nonnative species could pose a threat to West Virginia's people, agricultural and forestry industries, and other natural resource interests; and
W
HEREAS , Regulating the possession, sale and breeding of certain nonnative species may limit the potential for harm; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the impact of weather, predators and the national economy on the agriculture community 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 Legislative expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
At the request of Delegate DeLong, and by unanimous consent, reference of the resolution (H. C. R. 88) to a committee was dispensed with, and it 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.
Delegates Morgan, Martin, Schoen, Canterbury, Argento, Beach, Cann, Caputo, DeLong, Eldridge, Hartman, Hatfield, Hutchins, Michael, Palumbo, D. Poling, Staggers, Swartzmiller, Talbott, Williams, Andes, Cowles, C. Miller, Porter and Rowan offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 89 - "Requesting that the Joint Committee on Government and Finance authorize the study of a monetary incentive program to recruit and retain qualified workers to critically understaffed classifications."
W
HEREAS , The Circuit Court of Berkeley County found that Department of Health and Human Resources employee testimonials indicated that a lack of staff endangered children and families in the Eastern Panhandle; and
W
HEREAS , That same Court ordered the Department of Health and Human Resources to implement hiring and retention bonuses; and
W
HEREAS , There are critically understaffed classifications in West Virginia's Civil Service System; and
W
HEREAS , The Director of Personnel is authorized to offer a one time monetary incentive for the recruitment and retention of employees in critically understaffed classifications until the first day of May, two thousand eight; and
W
HEREAS , The Director of Personnel, along with the Personnel Board, will review and determine the need for salary range increases; and
W
HEREAS , The Director of Personnel must make monthly reports to the House and Senate Committees on Government Organization on the program's effectiveness; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the impact of a monetary incentive program to recruit and retain qualified workers to critically understaffed classifications; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the Regular Session of the Legislature, 2008, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the Legislative expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
At the request of Delegate DeLong, and by unanimous consent, reference of the resolution (H. C. R. 89) to a committee was dispensed with, and it 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.
Delegates Brown, Caputo, Hrutkay, Webster, Long, Guthrie, Fleischauer, Burdiss, Lane, Shook, Mahan, Stemple and Miley offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 90 - "Requesting the Joint Committee on Government and Finance to conduct an interim study on the improvement of access to oral health care services in states that allow dental hygienists to administer services to patients in a variety of settings."
Whereas, West Virginia is in the midst of a long-standing and well-documented oral health care crisis; and
Whereas, Links between individuals' oral health and overall health continue to emerge; and
Whereas, Poor oral health remains a neglected epidemic in West Virginia, especially among certain segments of the population -- 80 percent of cavities in children are concentrated in just 25 percent of the children's population; and
Whereas, 72 percent of West Virginia's children are covered by dental insurance, primarily through public programs (Medicaid, SCHIP), with 40 percent having not seen their dentist in the last six months; and
Whereas, West Virginia has ranked first among all states in the percentage of people ages sixty-five and older who have lost their natural teeth; and
Whereas, Preventive oral health care services remain an important component in the prevention and early detection of oral health care diseases; and
Whereas, Dental hygienists in West Virginia are formally educated and state licensed health care professionals proficient in administering oral health services without the direct supervision of a dentist; and
Whereas, 48 states and the District of Columbia currently allow dental hygienists to administer oral health care services in at least one setting under the general supervision of a dentist; and
Whereas, General supervision has proven to be a safe practice that allows for more efficient administration of oral health care services in the states that currently allow for it; and
Whereas, General supervision facilitates increased access to oral health care services by enabling dental hygienists to administer services to patients in a variety of settings, particularly for populations currently disenfranchised from the oral health care system due to their inability to travel to a dental office; and
Whereas, The U.S. Surgeon General issued a report that identified lack of access to oral health care services as one of the major barriers to care for underserved populations; and
Whereas, The U.S. Surgeon General urged policymakers to take action to increase access to oral health care services; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to conduct an interim study on the improvement of access to oral health care services in states that allow dental hygienists to administer services to patients in a variety of settings; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2007, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
At the request of Delegate DeLong, and by unanimous consent, reference of the resolution (H. C. R. 90) to a committee was dispensed with, and it 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.

Special Calendar

Unfinished Business

S. C. R. 51, Requesting Governor proclaim December 7th each year "State Day of Remembrance" honoring WV WWII patriots; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
H. C. R. 5, Requesting the Joint Committee on Government and Finance to study the Office of Miners' Health Safety and Training; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. C. R. 45, Requesting the Committee on Government and Finance to conduct a study on the adequacy and the abuse of laws regulating the availability of motor vehicle parking facilities for persons with mobility impairments; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. C. R. 46, Requesting the Committee on Government and Finance to conduct a study on making the offense of operating a passenger vehicle in which the operator and passengers are not wearing a safety belt a primary offense; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. C. R. 65, The "Oscar Robert England Bridge"; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. C. R. 68, Requesting the Joint Committee on Government and Finance to make a study on developing an efficient system to promote universal access to comprehensive services that provide quality early childhood development; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. C. R. 72, The H. E. "Homer" Lilly Bridge; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. C. R. 73, Requesting the Joint Committee on Government and Finance to conduct a study on the need to modify the exemptions allowed in bankruptcy proceedings; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. R. 33, Encouraging the creation of a West Virginia Civics Literacy Council; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Third Reading

Com. Sub. for S. B. 185, Creating Tobacco Settlement Finance Authority; 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. 336), and there were--yeas 82, nays 15, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Blair, Border, Carmichael, Cowles, Duke, Ellem, Frederick, Michael, J. Miller, Overington, Schoen, Sobonya and Sumner.
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. 185) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 337), and there were--yeas 95, nays 3, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Blair, Duke 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 (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 and request concurrence therein.
Com. Sub. for S. B. 319, Authorizing miscellaneous boards and agencies promulgate legislative rules; 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. 338), and there were--yeas 89, nays 9, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Ashley, Border, Ellem, Lane, Porter, Sobonya, Stalnaker, Walters 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 S. B. 319) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 339), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: 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 (Com. Sub. for S. B. 319) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 438, Relating to Investment Management Board; 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. 340), and there were--yeas 88, nays 10, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Border, Ellem, Fleischauer, Frederick, Lane, C. Miller, Porter, Shaver, 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 (S. B. 438) 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. 589, Expanding powers and duties of Director of 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. 341), and there were--yeas 90, nays 8, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Armstead, Canterbury, Cowles, Frederick, Ireland, J. Miller, Sumner and Tansill.
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. 589) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 342), 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 and request concurrence therein.
Second Reading

Com. Sub. for S. B. 21, Restricting licensee's work until adverse judgment satisfied; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 55, Updating mortality tables used in life estate valuation; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 59, Relating to basic universal design features for certain dwellings; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 67, Relating to school access safety generally; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page two, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
"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; and 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 technical facilities. All projects eligible for funds from this subsection shall be submitted directly to the authority which shall be solely responsible for the project's evaluation, subject to the following:
(A) Provided, That The authority may not expend any moneys for a school major improvement project proposed by the State Board or the administrative council of an area vocational educational center unless the State Board or an administrative council has submitted a ten-year facilities plan; and
(B) Provided, however, That The authority shall, before allocating any moneys to the State Board or the administrative council of an area vocational educational center for a school improvement project, consider all other funding sources available for the project.
(c) An amount that is no not more than two percent of the moneys that are determined by the authority to be available for distribution during the 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 deposited into the School Major Improvement Fund and moneys deposited into the School Access Safety Fund pursuant to section five, article nine-f of this chapter, shall be set aside by the authority as an emergency fund to be distributed in accordance with the guidelines adopted by the authority.
(d) An amount that is no not more than five percent of the moneys that are determined by the authority to be available for distribution during the 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 deposited into the School Major Improvement Fund and moneys deposited into the School Access Safety Fund pursuant to section five, article nine-f of this chapter, may be reserved by the authority for multiuse vocational- technical education facilities projects that may include post-secondary programs as a first priority use. The authority may allocate and expend under this subsection moneys for any purposes authorized in this article on multiuse vocational-technical education facilities projects, including equipment and equipment updates at the facilities, authorized in accordance with the provisions of section sixteen of this article. If the projects approved under this subsection do not require the full amount of moneys reserved, moneys above the amount required may be allocated and expended in accordance with other provisions of this article. A county board, the State Board, an administrative council or the joint administrative board of a vocational-technical education facility which includes post-secondary programs may propose projects for facilities or equipment, or both, which are under the direct supervision of the respective body: Provided, That the authority shall, before allocating any moneys for a project under this subsection, consider all other funding sources available for the project.
(e) The remaining moneys 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 deposited into the School Major Improvement Fund and moneys deposited into the School Access Safety Fund pursuant to section five, article nine-f of this chapter, shall be allocated and expended on the basis of need and efficient use of resources for projects funded in accordance with the provisions of section sixteen of this article.
(f) If a county board of education proposes to finance a project that is authorized in accordance with section sixteen of this article through a lease with an option to purchase leased premises upon the expiration of the total lease period pursuant to an investment contract, the authority may not allocate no moneys to the county board in connection with the project: Provided, That the authority may transfer moneys to the State Board of Education which, with the authority, shall lend the amount transferred to the county board to be used only for a one-time payment due at the beginning of the lease term, made for the purpose of reducing annual lease payments under the investment contract, subject to the following conditions:
(1) The loan shall be secured in the manner required by the authority, in consultation with the State Board, and shall be repaid in a period and bear interest at a rate as determined by the State Board and the authority and shall have any terms and conditions that are required by the authority, all of which shall be set forth in a loan agreement among the authority, the State Board and the county board;
(2) The loan agreement shall provide for the State Board and the authority to defer the payment of principal and interest upon any loan made to the county board during the term of the investment contract, and annual renewals of the investment contract, among the State Board, the authority, the county board and a lessor, subject to the following:
(A) Provided, That In the event a county board which has received a loan from the authority for a one-time payment at the beginning of the lease term does not renew the subject lease annually until performance of the investment contract in its entirety is completed, the county board is in default and the principal of the loan, together with all unpaid interest accrued to the date of the default, shall, at the option of the authority, in consultation with the State Board, become due and payable immediately or subject to renegotiation among the State Board, the authority and the county board;
(B) Provided, however, That If a county board renews the lease annually through the performance of the investment contract in its entirety, the county board shall exercise its option to purchase the leased premises;
(C) Provided further, That The failure of the county board to make a scheduled payment pursuant to the investment contract constitutes an event of default under the loan agreement;
(D) And provided further, That Upon a default by a county board, the principal of the loan, together with all unpaid interest accrued to the date of the default, shall, at the option of the authority, in consultation with the State Board, become due and payable immediately or subject to renegotiation among the State Board, the authority and the county board; and
(E) And provided further, That If the loan becomes due and payable immediately, the authority, in consultation with the State Board, shall use all means available under the loan agreement and law to collect the outstanding principal balance of the loan, together with all unpaid interest accrued to the date of payment of the outstanding principal balance; and
(3) The loan agreement shall provide for the State Board and the authority to forgive all principal and interest of the loan upon the county board purchasing the leased premises pursuant to the investment contract and performance of the investment contract in its entirety.
(g) To encourage county boards to proceed promptly with facilities planning and to prepare for the expenditure of any state moneys derived from the sources described in this section, any county board or other entity to whom moneys are allocated by the authority that fails to expend the money within three years of the allocation shall forfeit the allocation and thereafter is ineligible for further allocations pursuant to this section until it is ready to expend funds in accordance with an approved facilities plan: Provided, That the authority may authorize an extension beyond the three- year forfeiture period not to exceed an additional two years. Any amount forfeited shall be added to the total funds available in the school construction fund of the authority for future allocation and distribution. Funds may not be distributed for any project under this article unless the responsible entity has a facilities plan approved by the State Board and the School Building Authority and is prepared to commence expenditure of the funds during the fiscal year in which the moneys are distributed.
(h) The remaining moneys that are determined by the authority to be available for distribution during the then current fiscal year from moneys paid into the School Major Improvement Fund pursuant to section six of this article shall be allocated and distributed on the basis of need and efficient use of resources for projects authorized in accordance with the provisions of section sixteen of this article, subject to the following:
(1) Provided, That The moneys may not be distributed for any project under this section unless the responsible entity has a facilities plan approved by the State Board and the authority and is to commence expenditures of the funds during the fiscal year in which the moneys are distributed;
(2) Provided, however, That Any moneys allocated to a project and not distributed for that project shall be deposited in an account to the credit of the project, the principal amount to remain to the credit of and available to the project for a period of two years; and
(3)
Any moneys which are unexpended after a two-year period shall be redistributed on the basis of need from the school major improvement fund in that fiscal year.
(i) No Local matching funds may not be required under the provisions of this section. However, this article does not negate the responsibilities of the county boards of education to maintain school facilities. are not negated by the provisions of this article To be eligible to receive an allocation of school major improvement funds from the authority, a county board must have expended in the previous fiscal year an amount of county moneys equal to or exceeding the lowest average amount of money included in the county board's maintenance budget over any three of the previous five years and must have budgeted an amount equal to or greater than the average in the current fiscal year: Provided, That the State Board shall promulgate rules relating to county boards' maintenance budgets, including items which shall be included in the budgets.
(j) Any county board may use moneys provided by the authority under this article in conjunction with local funds derived from bonding, special levy or other sources. Distribution to a county board, or to the State Board or the administrative council of an area vocational educational center pursuant to subsection (b) of this section, may be in a lump sum or in accordance with a schedule of payments adopted by the authority pursuant to guidelines adopted by the authority.
(k) Funds in the School Construction Fund shall first be transferred and expended as follows:
(1) Any funds deposited in the School Construction Fund shall be expended first in accordance with an appropriation by the Legislature.
(2) To the extent that funds are available in the School Construction Fund in excess of that amount appropriated in any fiscal year, the excess funds may be expended for projects authorized in accordance with the provisions of section sixteen of this article. Any projects which the authority identified and announced for funding on or before the first day of August, one thousand nine hundred ninety-five, or identified and announced for funding on or before the thirty-first day of December, one thousand nine hundred ninety-five, shall be funded by the authority in an amount which is not less than the amount specified when the project was identified and announced.
(l) It is the intent of the Legislature to encourage county boards to explore and consider arrangements with other counties that may facilitate the highest and best use of all available funds, which may result in improved transportation arrangements for students or which otherwise may create efficiencies for county boards and the students. In order to address the intent of the Legislature contained in this subsection, the authority shall grant preference to those projects which involve multicounty arrangements as the authority shall determine reasonable and proper.
(m) County boards shall submit all designs for construction of new school buildings to the School Building Authority for review and approval prior to preparation of final bid documents. Provided, That A vendor who has been debarred pursuant to the provisions of sections thirty-three-a through thirty-three-f, inclusive, article three, chapter five-a of this code may not bid on or be awarded a contract under this section.
(n) The authority may elect to disburse funds for approved construction projects over a period of more than one year subject to the following:
(1) The authority may not approve the funding of a school construction project over a period of more than three years;
(2) The authority may not approve the use of more than fifty percent of the revenue available for distribution in any given fiscal year for projects that are to be funded over a period of more than one year; and
(3) In order to encourage local participation in funding school construction projects, the authority may set aside limited funding, not to exceed five hundred thousand dollars, in reserve for one additional year to provide a county the opportunity to complete financial planning for a project prior to the allocation of construction funds. Any funding shall be on a reserve basis and converted to a part of the construction grant only after all project budget funds have been secured and all county commitments have been fulfilled. Failure of the county to solidify the project budget and meet its obligations to the state within eighteen months of the date the funding is set aside by the authority will result in expiration of the reserve and the funds shall be reallocated by the authority in the succeeding funding cycle.
ARTICLE 9F. SCHOOL ACCESS SAFETY ACT.
§18-9F-1. Legislative findings and intent.

(a) The Legislature finds that:
(1) Establishing and maintaining safe and secure schools is critical to fostering a healthy learning environment and maximizing student achievement;
(2) All school facilities in the state should be designed, constructed, furnished and maintained in a manner that enhances a healthy learning environment and provides necessary safeguards for the health, safety and security of persons who enter and use the facilities;
(3) Adequate safeguards for the ingress to and egress from school facilities of pupils, school employees, parents, visitors and emergency personnel are critical to the overall safety of the public schools in this state;
(4) Safety upgrades to the means of ingress to and egress from school facilities for pupils, school employees, parents, visitors and emergency personnel must be part of a comprehensive analysis of overall school safety issues that takes into consideration the input of local law- enforcement agencies, local emergency services agencies, community leaders, parents, pupils, teachers, administrators and other school employees interested in the prevention of school crime and violence.
(b) It is the intent of the Legislature to empower the School Building Authority to facilitate and provide state funds for the design, construction, renovation, repair and upgrading of facilities so as to enhance school access safety and provide secure ingress to and egress from school facilities to pupils, school employees, parents, visitors and emergency personnel.
§18-9F-2. Definitions.
As used in this article, these terms have the meanings ascribed unless the context clearly indicates a different meaning:
(1) 'Authority' means the School Building Authority of West Virginia;
(2) 'Department of Education' means the West Virginia Department of Education;
(3) 'New school building' means any public school in the state for educating students in any of grades kindergarten through twelve, for which design and construction begin after the first day of July, two thousand seven;
(4) 'Project cost' means the cost of:
(A) Evaluating a school facility to ascertain its safety needs;
(B) Determining appropriate measures to address safety needs;
(C) Developing a safety plan;
(D) Administering a safety project;
(E) The design, construction, renovation, repair and safety upgrading of a school's means of ingress and egress;
(F) Equipment, machinery, installation of utilities and other similar items necessary to making the project operational;
(G) Effectively maintaining structural and equipment investments made pursuant to this article, including but not limited to such provisions as maintenance contracts on security equipment and video surveillance services; and
(H) All other charges necessary, appurtenant or incidental to the provisions of this subdivision, including the cost of administering this article;
(5) 'School Access Safety Fund' means the special account established in section five of this article;
(6) 'School access safety plan' or 'safety plan' means the comprehensive county-wide school access safety plan that:
(A) Is prepared by each county board seeking funding under this article and incorporated into its comprehensive educational facilities plan in accordance with guidelines established by the authority;
(B) Addresses the access safety needs for all school facilities in the county;
(C) Includes a projected school access safety repair and renovation schedule for all school facilities of the county; and
(D) Is required prior to the disbursement of state funds for a school access safety project pursuant to this article; and
(7) 'School access safety project' or 'safety project' means a project administered in furtherance of a school access safety plan pursuant to the provisions of this article.
§18-9F-3. School access safety plan.
(a) To facilitate the goals of this article and to ensure the prudent and resourceful expenditure of state funds, each county board seeking funds for school access safety projects during a fiscal year shall submit to the authority a school access safety plan or annual plan update that addresses the school access safety needs of each school facility in the county. In developing its plan, the county board shall consult with the Countywide Council on Productive and Safe Schools, in accordance with the provisions of this section and section forty-two, article five of this chapter.
(b) The safety plan shall include at least the following:
(1) A countywide inventory of each school facility's means of ingress to and egress from the school for students, school employees, parents, visitors and emergency personnel including, but not limited to:
(A) The number of controlled points of ingress to the school facility;
(B) The number and placement of exterior doors;
(C) The use of monitoring systems on exterior doors;
(D) The use of timed, magnetic or other locks on exterior doors;
(E) The use of two-way communication systems between points of ingress and school personnel;
(F) The use of functional panic or other alarm hardware on exterior doors; and
(G) The use of remote visitor access systems on points of ingress;
(2) The recommendations and guidelines developed by the County-wide Council on Productive and Safe Schools pursuant to section forty-two, article five of this chapter, together with the county board's assessment of the recommendations and guidelines;
(3) Recommendations for effective communication and coordination between school facilities, local law-enforcement agencies and local emergency services agencies in the county;
(4) An assessment of the current status of crime committed on school campuses and at school-related functions;
(5) A projected school access safety repair and renovation schedule for all school facilities in the county;
(6) A prioritized list of all projects contained in the plan, including the projected cost of each project.
(7) A description of how:
(A) The plan addresses the goals of this article and guidelines established by the authority;
(B) Each project furthers the county board's safety plan, facilities plan and school major improvement plan;
(8) Notation of the funds available for allocation and disbursement to the county board pursuant to section six of this article;
(9) A description of any source of local funds or in kind support that the county board intends to contribute to the safety projects, or an approved financial hardship waiver, to satisfy the local contribution requirements of section six of this article; and
(10) Any other element considered appropriate by the authority or required by the guidelines established pursuant to section three of this article, including any project and maintenance specification.
§18-9F-4. Guidelines and procedures for school access safety plans; project evaluation; on- site inspection of facilities.

(a) By the first day of June, two thousand seven, the authority shall establish and distribute to each county board guidelines and procedures regarding school access safety plans and school access safety projects, which shall address at least the following:
(1) All of the necessary elements of the school access safety plan required in accordance with the provisions of section three of this article;
(2) The manner, time line and process for submission to the authority of each safety plan and annual plan update, including guidelines for modification of an approved safety plan;
(3) Any project and maintenance specifications considered appropriate by the authority;
(4) Procedures for a county board to submit a preliminary plan, plan outline or plan proposal to the authority prior to submitting the safety plan. The preliminary plan, plan outline or plan proposal shall be the basis for a consultation meeting between representatives of the county board and the authority. The meeting shall be held as soon as practicable following submission in order to:
(A) Ensure understanding of the goals of this article;
(B) Discuss ways the plan may be structured to meet the goals of this article; and
(C) Ensure efficiency and productivity in the approval process; and
(5) Procedures for notifying county boards of the funds available for allocation and disbursement during each fiscal year pursuant to section six of this article.
(b) By the first day of June, two thousand seven, the authority shall establish and distribute to each county board guidelines and procedures for evaluating safety plans and safety projects that address at least the following:
(1) Whether the proposed safety project furthers the safety plan and complies with the guidelines established by the authority;
(2) How the safety plan and safety project will ensure the prudent and resourceful expenditure of state funds and achieve the purposes of this article;
(3) Whether the safety plan and safety project advance student health and safety needs, including, but not limited to, critical health and safety needs;
(4) Whether the safety plan and safety project include regularly scheduled preventive maintenance; and
(5) Consideration of the prioritized list of projects required by section three of this article.
(c) The authority shall establish guidelines and procedures for allocating and disbursing funds in accordance with section six of this article, subject to the availability of funds.
(d) Each county board receiving funds pursuant to this article annually shall conduct an on- site inspection and submit an audit review to the State Board. The inspection shall be conducted in accordance with the provisions of the Department of Education's Handbook on Planning School Facilities.
§18-9F-5. School access safety fund.
(a) There is hereby established in the State Treasury a special account designated the School Access Safety Fund.
(b) All funds accruing to the authority pursuant to the provisions of this article shall be deposited into the fund and expended in accordance with provisions of this article.
(c) Any funds remaining in the account at the end of a fiscal year, including accrued interest, do not revert to the General Revenue Fund, but remain in the account.
(d) The authority may transfer moneys from the fund to custodial accounts maintained by the authority with a state financial institution, as necessary to the performance of any contracts executed by the authority in accordance with the provisions of this article.
§18-9F-6. Allocation of funds; eligibility for funding.

(a) On or before the first day of May of each year, the authority shall determine the amount of funds available in the School Access Safety Fund for allocation and disbursement during that fiscal year.
(b) The authority shall divide the amount of funds available pursuant to subsection (a) of this section, by the total net enrollment in public schools for the state as a whole. That quotient is the per pupil amount. The authority shall allocate to each county board the per pupil amount of funds for each student in net enrollment of that county, as defined in section two, article nine-a of this chapter.
(c) The authority shall notify in writing each county board of education the amount of funds available to that board as soon as practicable upon determining that amount pursuant to subsection (b) of this section.
(d) Except as provided in subdivision (3) of this subsection, to be eligible to receive a disbursement of funds pursuant to this article, a county board shall contribute in kind support or local funds derived from bonding, special levy or other identified sources to the school access safety projects contained in the county board's school access safety plan.
(1) The amount of a county board's contribution shall equal at least fifteen percent of the funds available to the county board pursuant to subsection (b) of this section.
(2) In kind support includes:
(A) Project costs borne by the county board;
(B) Services performed by a school employee for a safety plan or safety project;
(C) Costs of adequately maintaining safety equipment and investments; and
(D) Other costs, expenses or means of support as determined by the authority.
(3) A county board may submit a financial hardship waiver request to the State Board for consideration regarding the county board's inability to provide the contribution required by this subsection. Upon review and approval of the request by the State Board, the authority shall waive the contribution requirement for that county board and allocate and disburse funds pursuant to this article.
(e) The authority may disburse funds pursuant to this section only to a county board that:
(1) Has a safety plan that has been approved by the authority; and
(2) Is prepared to commence expending the funds during the fiscal year in which the funds are disbursed.
(f) The authority may disburse funds to a county board in a lump sum or according to a schedule of payments adopted by the authority that is consistent with its guidelines.
(g) To encourage county boards to proceed promptly with school access safety planning and to prepare for the expenditure of funds derived pursuant to this article, a county board forfeits any funds that it fails to expend within one year of disbursement by the authority. The county board is ineligible for any additional allocation or disbursement pursuant to this article until it is prepared to expend funds according to an approved school access safety plan.
(1) The authority may authorize an extension beyond the one-year forfeiture period not to exceed an additional six months.
(2) Any forfeited funds shall be returned to the School Access Safety Fund and made available for future allocation and disbursement.
§18-9F-7. School access safety requirements for new schools.
(a) Notwithstanding any other provision of this code to the contrary, and in an effort to enhance school access safety, the design and construction of all new school buildings shall comply with the school access safety standards established by the authority. The State Board shall incorporate the standards for school access safety in public school buildings developed by the authority into the requirements for new school design and construction contained in the high quality education standards and efficiency standards for facilities established by the State Board pursuant to section five, article two-e of this chapter.
(b) The authority shall propose a rule for legislative approval in accordance with the provisions of article three-a, chapter twenty-nine-a of this code that establish standards for school access safety in public school buildings. The rule shall require that county boards submit all new school designs to the authority for review and approval for compliance with this section prior to preparing final bid documents.
§18-9F-8. Report.
The authority shall report to the Legislative Oversight Commission on Education Accountability during the June and September, two thousand seven, and January, two thousand eight, interim meeting periods, regarding implementation of the provisions of this article.
"
The bill was then ordered to third reading.
Com. Sub. for S. B. 69, Authorizing electronically transmitted prescription orders; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Health and Human Resources, was reported by on page two, by amending the enacting section to read as follows:
"That §30-5-1b, §30-5-12, §30-5-12b and §30-5-16b 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 §30-5-12c; that §30-5-29 of said code be amended and reenacted; that §30-7-15c of said code be amended and reenacted; and that §60A-3-308 of said code be amended and reenacted, all to read as follows" followed by a colon.
On page fourteen, section one-b, following line two hundred forty-one, by inserting the following:
"(31) 'Practice of Pharmacy' means the interpretation, evaluation, and implementation of medical orders; the dispensing of prescription drug orders; participation in drug and device selection; drug administration; drug regimen review; the practice of telepharmacy within and across state lines; drug or drug-related research; the provision of patient counseling; the provision of those acts or services necessary to provide pharmacist care in all areas of patient care, including primary care and collaborative pharmacy practice; the responsibility for compounding and labeling of drugs and devices (except labeling by a manufacturer, repackager, or distributor of non-prescription drugs and commercially packaged legend drugs and devices); proper and safe storage of drugs and devices; and maintenance of required records."
And renumbering the remaining subdivisions.
And,
On page thirty, section twelve-c, following line thirty-six, by inserting the following:
"§30-5-29. Collaborative pharmacy practice continuation.
Pursuant to the provisions of article ten, chapter four of this code, pharmacy collaborative agreements in community settings shall continue to exist until the first day of July, two thousand eight ten, unless sooner terminated, continued or reestablished pursuant to that article."
On motion of Delegate Perdue, the amendment was amended on pages one and two, following the enacting section, by striking out the following:
"On page fourteen, section one-b, following line two hundred forty-one, by inserting the following:
(31) 'Practice of Pharmacy' means the interpretation, evaluation, and implementation of medical orders; the dispensing of prescription drug orders; participation in drug and device selection; drug administration; drug regimen review; the practice of telepharmacy within and across state lines; drug or drug-related research; the provision of patient counseling; the provision of those acts or services necessary to provide pharmacist care in all areas of patient care, including primary care and collaborative pharmacy practice; the responsibility for compounding and labeling of drugs and devices (except labeling by a manufacturer, repackager, or distributor of non-prescription drugs and commercially packaged legend drugs and devices); proper and safe storage of drugs and devices; and maintenance of required records."
And, renumbering the remaining subdivisions.
The question now before the House being the amendment by the Committee on Health and Human Resources, as amended, the same was put and prevailed.
The bill was then ordered to third reading.

Com. Sub. for S. B. 76, Setting particular penalties for underage drinking; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page two, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 5. JUVENILE PROCEEDINGS.
§49-5-13c. Graduated sanctions for juvenile alcohol consumption.
(a) Notwithstanding any provision of this article to the contrary, in addition to any other penalty available to the court, any child who is adjudicated to have consumed alcoholic liquor or nonintoxicating beer as defined in section five, article one, chapter sixty of this code, shall:
(1) Upon a first adjudication, he or she shall be ordered to perform community service for not more than eight hours or fined not more than twenty-five dollars, or both.
(2) Upon a second adjudication, he or she shall be ordered to perform community service for not more than sixteen hours or fined not more than fifty dollars, or both.
(3) Upon a third or subsequent adjudication, he or she shall be ordered to perform not more than twenty-four hours of community service or fined not more than one hundred dollars, or both.
(b) In addition to the penalties set forth in subsection (a) of this section and notwithstanding the provisions of subdivision (4), subsection (c), section thirteen-b of this article, any child adjudicated a second time for consumption of
alcoholic liquor or nonintoxicating beer shall have his or her license to operate a motor vehicle suspended for a definite term of not less than five nor more than ninety days. Any child adjudicated a third or subsequent time for consumption of an alcoholic liquor or nonintoxicating beer shall have his or her license to operate a motor vehicle suspended until he or she attains the age of eighteen years."
The bill was then ordered to third reading.
Com. Sub. for S. B. 82, Creating Eyewitness Identification Reform Act; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page two, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following language:
"ARTICLE 1E. EYEWITNESS IDENTIFICATION ACT.
§62-1E-1. Definitions.
For the purposes of this article:

(1) 'Eyewitness' means a person whose identification of another person may be relevant in a criminal proceeding.
(2) 'Lineup' means a live or photographic array of persons of similar appearance.
(3) 'Lineup administrator' means the person who conducts a lineup.
(4) 'Live lineup' means a procedure in which a group of people is displayed to an eye witness for the purpose of determining if the eyewitness is able to identify the perpetrator of a crime.
(5) 'Photo lineup' means a procedure in which an array of photographs is displayed to an eyewitness for the purpose of determining if the eyewitness is able to identify the perpetrator of a crime.
§62-1E-2. Eyewitness identification procedures.
(a) Before a lineup, the eyewitness should be given the following three instructions:
(1) that the perpetrator might or might not be present in the lineup;
(2) that the eyewitness is not required to make an identification; and
(3) that it is as important to exclude innocent persons as it is to identify the perpetrator.
(b) Law-enforcement officers should make a written record of a lineup, including the following information:
(1) The date, time and location of the lineup.
(2) The names of every person in the lineup, if known, and all other persons present at the lineup.
(3) The words used by the eyewitness in any identification, including words that describe the eyewitness' certainty or uncertainty in the identification at the time the identification is made.
(4) Whether it was a photo lineup or live lineup.
(5) The number of photos or individuals that were presented in the lineup.
(6) Whether the lineup administrator knew which person in the lineup was the suspect.
(7) Whether, before the lineup, the eyewitness was instructed that the perpetrator might or might not be presented in the lineup.
(8) Whether the lineup was simultaneous or sequential.
(9) The signature, or initials, of the eyewitness, or notation if the eyewitness declines or is unable to sign.
(10) A video of the lineup and the eyewitness' response may be included.
(c) There is hereby created a task force to study and identify best practices for eyewitness identification. The task force consists of the following members: 
(1) The Director of Criminal Justice Services, or his or her designee, who shall chair, without voting, the task force;
(2) The Superintendent of the State Police, or his or her designee;
(3) A victim advocate to be designated by the Director of Criminal Justice Services;
(4) The Director of Public Defender Services or his or her designee;
(5) The Executive Director of the WV Prosecuting Attorney Institute or his or her designee;
(6) A circuit judge designated by the Chief Justice of the West Virginia Supreme Court of Appeals;
(7) Two professionals in the field of forensic sciences, one to be designated by the Executive Director of WV Prosecuting Attorneys Institute and the other to be designated by the Director of Public Defender Services; 
(8) The President of the West Virginia Fraternal Order of Police, or his or her designee;
(9) A representative of the Innocence Project of the West Virginia University College of Law;
(10) Two licensed practitioners of criminal law, one to be designated by the Executive Director of WV Prosecuting Attorneys Institute and the other to be designated by the Director of Public Defender Services;
(11) The President of the West Virginia Sheriff's Association or his or her designee.
(d) The task force, or their assigned designees, shall serve without compensation, and in consultation with eyewitness identification practitioners and experts, shall develop recommended guidelines for policies, procedures and training with respect to the collection and handling of eyewitness evidence in criminal investigations by law enforcement agencies that are consistent with the reliable evidence supporting best practices. The purpose of the guidelines is to provide law enforcement agencies with information regarding eyewitness identification policies and procedures to increase the accuracy of the crime investigation process.
(e) Such guidelines shall include procedures for the administration of live and photographic lineups and instructions that will increase the accuracy of eyewitness identifications. The task force, in developing these guidelines, shall consider:
(1) The use of blind administration of live and photo lineups;
(2) The issuance of specific instructions to the eyewitness before and during the identification procedure;
(3) The number and selection of fillers to be used in live and photo lineups;
(4) Sequential versus simultaneous presentation of lineup members;
(5) Whether only one suspect should be included in any live or photo lineup;
(6) The timing of when the administrator should request and record the eyewitness's statement of his confidence in his selection;
(7) Whether to refrain from providing of any confirmatory information to the eyewitness;
(8) The visual recording of the lineup and its administration;
(9) The video or audio recording of the lineup procedure;
(10) Any other policies or procedures the task forces determines to be relevant; and
(11) What training, if any, should be made available to law enforcement personnel in the use of these procedures.
(f) Not later than December 15, 2008, the task force shall submit a report on the guidelines developed and recommendations concerning their use to the standing committees of the Legislature having cognizance of matters relating to criminal law and procedure. Minority reports may also be issued. The task force shall terminate on December 15, 2009, unless earlier terminated by legislative action.
§62-1E-3. Training of law-enforcement officers.
The Superintendent of State Police may create educational materials and conduct training programs to instruct law-enforcement officers and recruits how to conduct lineups in compliance with this section."
The bill was then ordered to third reading.
Com. Sub. for S. B. 117, Relating to determining competency to stand trial;on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page two, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
"That §27-6A-1, §27-6A-2, §27-6A-3, §27-6A-4, §27-6A-5, §27-6A-6, §27-6A-8 and §27-6A-9 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto two new sections, designated §27-6A-10 and §27-6A-11, all to read as follows:
ARTICLE 6A. COMPETENCY AND CRIMINAL RESPONSIBILITY OF PERSONS CHARGED OR CONVICTED OF A CRIME.

§27-6A-1. Qualified forensic evaluator; qualified forensic psychiatrist; qualified forensic psychologist; definitions and requirements.

(a) Whenever a court of record, or in the instance of a defendant charged with public intoxication a magistrate or other judicial officer, believes that a defendant in a felony case or a defendant in a misdemeanor case in which an indictment has been returned, or a warrant or summons issued, may be incompetent to stand trial or is not criminally responsible by reason of mental illness, mental retardation or addiction, it may at any stage of the proceedings after the return of an indictment or the issuance of a warrant or summons against the defendant, order an examination of such defendant to be conducted by one or more psychiatrists, or a psychiatrist and a psychologist, or in the instance of an individual charged with public intoxication, an alcoholism counselor: Provided, That with the exception of subsections (a) and (g) of this section, no other subsection in this section nor any other provision of this article shall apply to individuals charged with public intoxication pursuant to section nine, article six, chapter sixty of this code.
(b) After the examination described in subsection (a) of this section, the court of record may order that the person be admitted to a mental health facility designated by the director of health for a period not to exceed twenty days for observation and further examination if the court has reason to believe that such further observation and examination are necessary in order to determine whether mental illness, mental retardation or addiction have so affected a person that he is not competent to stand trial or not criminally responsible for the crime or crimes with which he has been charged. If, before the expiration of such twenty-day period, the examining physician believes that observation for more than twenty days is necessary, he shall make a written request to the court of record for an extension of the twenty- day period specifying the reason or reasons for which such further observation is necessary. Upon the receipt of such request, the court of record may by order extend said observation period, but in no event shall the period exceed forty days from the date of the initial court order of observation.
(c) At the conclusion of each examination or observation period provided for herein, the examining psychiatrists, or psychiatrist and psychologist, shall forthwith give to the court of record a written signed report of their findings on the issue of competence to stand trial or criminal responsibility. Such report shall contain an opinion, supported by clinical findings, as to whether the defendant is in need of care and treatment.
(d) Within five days after the receipt of the report on the issue of competency to stand trial, or if no observation pursuant to subsection (b) of this section has been ordered, within five days after the report on said issue following an examination under subsection (a) of this section, the court of record shall make a finding on the issue of whether the defendant is competent for trial. A finding of incompetence for trial shall require proof by a preponderance of the evidence. Notice of such findings shall be sent to the prosecuting attorney, the defendant and his counsel. If the court of record orders or if the defendant or his counsel on his behalf within a reasonable time requests a hearing on such findings, a hearing in accordance with section two of this article shall be held by the court of record within ten days of the date such finding or such request has been made.
(e) After a conviction and prior to sentencing, the court of record may order a psychiatric or other clinical examination and, after such examination, may further order a period of observation in a mental health facility designated by the director of health. Such a period of observation or examination shall not exceed forty days.
If after hearing conducted pursuant to the procedures prescribed in subsection (c), section four, article five of this chapter, the court of record makes the findings specified in section four, article five of this chapter or finds that the convicted individual would benefit from treatment in a mental health facility, the court may enter an order of commitment in accord with section four, article five for treatment in a mental health facility designated by the director of health.
(f) In like manner, in accordance with procedures set forth in subsections (a), (b) and (c) of this section, a juvenile court may order a psychiatric examination or a period of observation for an alleged delinquent or neglected juvenile in a mental health facility to aid the court in its disposition. The period of observation shall not exceed forty days.
(g) On and after midnight on the last day of June, one thousand nine hundred eighty-three, if a person charged with public intoxication is incapacitated at the time a warrant or summons is issued, the court, magistrate or other judicial officer may as provided by article six, chapter sixty of this code order the individual detained in the nearest mental health facility providing appropriate care, or other detention facility as defined in section fourteen, article one of this chapter, to determine the individual's competence to stand trial and criminal responsibility and require the preparation and submission by that facility of a report which shall in addition to determining the individual's competence and criminal responsibility shall also describe any suggested or proposed methods of care or treatment which may be appropriate. Such order shall stipulate the return of the individual to the court, magistrate or other judicial officer or his release if bond has been posted or a summons issued in lieu of a warrant, when the individual is no longer incapacitated. But in no case may the individual be kept longer than forty-eight hours, unless during the forty-eight hours, civil commitment proceedings pursuant to article five of this chapter are initiated by qualified personnel at the mental health facility or other facility in which the individual is detained and detention is ordered pursuant to article five of this chapter: Provided, That whenever the director of the facility initiates civil proceedings within forty-eight hours, he shall immediately notify the judicial officer who ordered the individual detained that such proceedings have commenced: Provided, however, That the judicial officer may then modify his order and may continue the criminal proceedings in his court until a diagnosis of alcoholism has been made: Provided further, That once a diagnosis is made, the judicial officer shall find the individual not guilty by reason of addiction as provided by section nine, article six, chapter sixty of the code and shall immediately initiate civil commitment proceedings unless such proceedings have already begun and are proceeding:
(1) If at any time during the forty-eight hours the individual requires acute medical care or because of overtly dangerous behavior needs security beyond the capability of the mental health facility where he is being detained, the sheriff of the county in which the facility is located shall at the request of the facility director transport the individual to a more appropriate facility such as a general hospital, or a state hospital or detention facility selected by said director.
(2) No law-enforcement officer, physician, mobile intensive care paramedic, emergency medical service attendant or staff member or employee of any mental health facility, hospital or detention facility may be held criminally liable for carrying out any provision set forth in this subsection or any procedure specified therein or be held civilly liable in damages to an incapacitated person because of carrying out any provision set forth in this subsection or any procedure specified herein for dealing with an individual charged with public intoxication unless for gross negligence or willful or wanton injury.
(3) Any person who is given transportation to or from, or who is examined or treated at, a mental health facility, hospital or detention facility in accordance with, and because of, the provisions of this section, whether such person was incapacitated or not or whether he gave his consent or not, shall be liable in implied contract to the person who, or mental health facility, hospital or detention facility or other appropriate agency which, provided such transportation, examination or treatment, for the reasonable cost thereof. No person may be denied such services because of inability or failure to pay such costs nor shall any effort be made to obtain prepayment of such costs or any portion thereof.
(a) For purposes of this article:

(1) A 'qualified forensic psychiatrist' is:
(A) A psychiatrist licensed under the laws in this state to practice medicine who has completed postgraduate education in psychiatry in a program accredited by the Accreditation Council of Graduate Medical Education; and
(B) Board eligible or board certified in forensic psychiatry by the American Board of Psychiatry and Neurology or actively enrolled in good standing in a West Virginia training program accredited by the Accreditation Council of Graduate Medical Education to make the evaluator eligible for board certification by the American Board of Psychiatry and Neurology in forensic psychiatry or have two years of experience in completing court-ordered forensic criminal evaluations, including having been qualified as an expert witness by a West Virginia circuit court. (2) A 'qualified forensic psychologist' is:
(A) A licensed psychologist licensed under the laws of this state to practice psychology; and

(B) Board eligible or board certified in forensic psychology by the American Board of Professional Psychology or actively enrolled in good standing in a West Virginia training program approved by the American Board of Forensic Psychology to make the evaluator eligible for board certification in forensic psychology or has, at least two years of experience in performing court ordered forensic criminal evaluations, including having been qualified as an expert witness by a West Virginia circuit court.
(3) A 'qualified forensic evaluator' is either a qualified forensic psychiatrist or a qualified forensic psychologist as defined in this section.
(4) 'Department' means the Department of Health and Human Resources.
(b) No qualified forensic evaluator may perform a forensic evaluation on an individual under this chapter if the qualified forensic evaluator has been the individual's treating psychologist or psychiatrist within one year prior to any evaluation order.
§27-6A-2. Competency of defendant to stand trial; cause for appointment of qualified forensic evaluator; written report; observation period.

(a) At a hearing to determine a defendant's competency to stand trial, the defendant shall be present and he or she shall have the right to be represented by counsel and introduce evidence and cross-examine witnesses. The defendant shall be afforded timely and adequate notice of the issues at the hearing and shall have access to a summary of the medical evidence to be presented by the state. The defendant shall have the right to an examination by an independent expert of his or her choice and testimony from such expert as a medical witness on his or her behalf. All rights generally afforded a defendant in criminal proceedings shall be afforded to a defendant in such competency proceedings except trial by jury.
(b) At the termination of such hearing the court of record shall make a finding of fact upon a preponderance of the evidence as to the defendant's competency to stand trial based on whether or not the defendant is capable of participating substantially in his or her defense and understanding the nature and consequences of a criminal trial. If the defendant is found competent, the court of record shall forthwith proceed with the criminal proceedings. If the defendant is found incompetent to stand trial, the court of record shall upon the evidence make further findings as to whether or not there is a substantial likelihood that the defendant will attain competency within the next ensuing six months, and if the court of record so finds, the defendant may be committed to a mental health facility for an improvement period not to exceed six months. If requested by the chief medical officer of the mental health facility on the grounds that additional time is necessary for the defendant to attain competency, the court of record may, prior to the termination of the six-month period, extend the period for an additional three months. Within ten days of the termination of such period, the court of record shall ascertain by hearing in accordance with subsection (a) of this section whether or not the defendant has attained competency to stand trial.
(c) If the defendant has been indicted or charged with a misdemeanor or felony in which the misdemeanor or felony does not involve an act of violence against a person and is found to be incompetent to stand trial with no substantial likelihood of obtaining competency, or if after such improvement period the defendant is found to be incompetent to stand trial, the criminal charges shall be dismissed. The dismissal order may be stayed for ten days to allow civil commitment proceedings to be instituted pursuant to article five of this chapter.
(d) If the defendant has been indicted or charged with a misdemeanor or felony in which the misdemeanor or felony does involve an act of violence against a person and upon hearing: (1) The defendant is found initially to be incompetent to stand trial with no substantial likelihood of obtaining competency and is found not to be a danger to self or others; or (2) after an improvement period pursuant to subsection (b) of this section, the defendant is found to be incompetent to stand trial and is found not to be a danger to self or others, then the court shall maintain jurisdiction over the defendant.
(e) If the defendant has been indicted or charged with a misdemeanor or felony in which the misdemeanor or felony does involve an act of violence against a person and, upon hearing: (1) The defendant is found initially to be incompetent to stand trial with no substantial likelihood of obtaining competency and is found to be a danger to self or others; or (2) after an improvement period pursuant to subsection (b) of this section, the defendant is found to be incompetent to stand trial and is found to be a danger to self or others, then the court shall maintain jurisdiction over the defendant and shall commit the defendant to a mental health facility under the authority of the department of health and human resources. The defendant's supervising physician or psychologist shall cause the defendant's competency to stand trial and dangerousness to self or others to be reviewed every six months during the period of his or her inpatient hospitalization.
(f) If the defendant has been indicted or charged with a misdemeanor or felony in which the misdemeanor or felony does involve an act of violence against a person, upon notice from the medical director of the mental health facility that the defendant no longer constitutes a danger to self or others along with an alternative disposition plan which sets forth in detail a treatment plan for the defendant designed to allow his or her release without endangering the public, the court shall promptly conduct a hearing. The clerk shall give notice of the hearing to the prosecuting attorney and the victim or next of kin of the victim of the offense for which the person was committed. The burden shall be on the victim or next of kin of the victim to keep the court apprised of that person's current mailing address.
After hearing, the court may order the release from hospitalization of a defendant found incompetent to stand trial due to mental illness, addiction or retardation prior to the expiration of the court's jurisdiction only when the court finds that the defendant is no longer a danger to self or others: Provided, That a defendant may be released from inpatient hospitalization by the court when the defendant's mental illness is in remission solely as a result of medication or hospitalization or other mode of treatment only if it can be determined by clear and convincing evidence that with continued outpatient therapy or other mode of outpatient treatment, the defendant's mental illness does not make him or her a danger to self or others. When a defendant's mental illness is in remission solely as a result of medication or hospitalization or other mode of treatment, the court in its discretion, may make the continuance of the medication or other mode of treatment a condition of the defendant's release. Upon notice that a defendant who is released on the condition that he or she continues medication or other mode of treatment does not continue his medication or other mode of treatment, the prosecuting attorney shall, by motion, cause the court to reconsider the defendant's release. Upon a showing that defendant is in violation of the conditions of his or her release, the court shall recommit the defendant to the mental health facility.
(g) The prosecuting attorney shall, by motion, cause the competency to stand trial of a defendant subject to the court's jurisdiction pursuant to subsection (d) of this section or released pursuant to subsection (f) of this section to be determined at least every six months while the defendant remains under the jurisdiction of the court. A defendant placed under the jurisdiction of the court pursuant to the provisions of subsection (d) or (e) of this section shall remain under the court's jurisdiction until the expiration of the maximum possible sentence the defendant could have received if convicted unless the defendant regains competency and the criminal charges reach resolution or the court, upon motion of the prosecuting attorney, dismisses the indictment or charge.
(a) Whenever a court of record has reasonable cause to believe that a defendant in which an indictment has been returned, or a warrant or summons issued, may be incompetent to stand trial it shall, sua sponte or upon motion filed by the state or by or on behalf of the defendant, at any stage of the proceedings order a forensic evaluation of the defendant's competency to stand trial to be conducted by one or more qualified forensic psychiatrists, or one or more qualified forensic psychologists. If a court of record or other judicial officer orders both a competency evaluation and a criminal responsibility or diminished capacity evaluation, the competency evaluation shall be performed first, and if a qualified forensic evaluator is of the opinion that a defendant is not competent to stand trial, no criminal responsibility or diminished capacity evaluation may be conducted without further order of the court. The initial forensic evaluation may not be conducted at a state inpatient mental health facility unless the defendant resides there.
(b) The court shall require the party making the motion for the evaluation, and other parties as the court considers appropriate, to provide to the qualified forensic evaluator appointed under subsection (a) of this section any information relevant to the evaluations within ten business days of its evaluation order. The information shall include, but not be limited to:
(1) A copy of the warrant or indictment;
(2) Information pertaining to the alleged crime, including statements by the defendant made to the police, investigative reports and transcripts of preliminary hearings, if any;
(3) Any available psychiatric, psychological, medical or social records that are considered relevant;
(4) A copy of the defendant's criminal record; and
(5) If the evaluations are to include a diminished capacity assessment, the nature of any lesser included criminal offenses.
(c) A qualified forensic evaluator shall schedule and arrange for the prompt completion of any court ordered evaluation which may include record review and defendant interview and shall, within ten business days of the date of the completion of any evaluation, provide to the court of record a written, signed report of his or her opinion on the issue of competency to stand trial. If it is the qualified forensic evaluator's opinion that the defendant is not competent to stand trial, the report shall state whether the defendant is substantially likely to attain competency within the next three months and, in order to attain competency to stand trial, whether the defendant requires inpatient management in a mental health facility. The court may extend the ten-day period for filing the report if a qualified forensic evaluator shows good cause to extend the period, but in no event may the period exceed thirty days. If there are no objections by the state or defense counsel, the court may, by order, dismiss the requirement for a written report if the qualified forensic evaluator's opinion may otherwise be made known to the court and interested parties.
(d) If the court determines that the defendant has been uncooperative during the forensic evaluation ordered pursuant to subsection (a) of this section or there have been one or more inadequate or conflicting forensic evaluations performed pursuant to subsection (a) of this section and the court has reason to believe that an observation period is necessary in order to determine if a person is competent to stand trial, the court may order the defendant be committed to a mental health facility designated by the department for a period not to exceed fifteen days and an additional evaluation be conducted in accordance with subsection (a) of this section by one or more qualified forensic psychiatrists, or a qualified forensic psychiatrist and a qualified forensic psychologist. The court shall order that at the conclusion of the fifteen day observation period the sheriff of the county where the defendant was charged shall take immediate custody of the defendant for transportation and disposition as ordered by the court.
(e) A mental health facility not operated by the state is not obligated to admit and treat a defendant under this section.
§27-6A-3. Competency of defendant to stand trial determination; preliminary finding; hearing; evidence; disposition.

(a) After the entry of a judgment of not guilty by reason of mental illness, mental retardation or addiction, the court of record shall determine on the record the offense of which the person otherwise would have been convicted, and the maximum sentence he could have received. The court shall commit such defendant to a mental health facility under the jurisdiction of the department of health, with the court retaining jurisdiction over the defendant for the maximum sentence period.
(b) If the defendant is released from an inpatient mental health facility while under the jurisdiction of the court, the court may impose such conditions as are necessary to protect the safety of the public.
(a) Within five days of the receipt of the qualified forensic evaluator's report and opinion on the issue of competency to stand trial, the court of record shall make a preliminary finding on the issue of whether the defendant is competent to stand trial and if not competent whether there is a substantial likelihood that the defendant will attain competency within the next three months. If the court of record orders, or if the state or defendant or defendant's counsel within twenty days of receipt of the preliminary findings requests, a hearing, then a hearing shall be held by the court of record within fifteen days of the date of the preliminary finding, absent good cause being shown for a continuance. If a hearing order or request is not filed within twenty days, the preliminary findings of the court become the final order.
(b) At a hearing to determine a defendant's competency to stand trial the defendant has the right to be present and he or she has the right to be represented by counsel and introduce evidence and cross-examine witnesses. The defendant shall be afforded timely and adequate notice of the issues at the hearing and shall have access to all forensic evaluator's opinions. All rights generally afforded a defendant in criminal proceedings shall be afforded to a defendant in the competency proceedings, except trial by jury.
(c) The court of record pursuant to a preliminary finding or hearing on the issue of a defendant's competency to stand trial and with due consideration of any forensic evaluation conducted pursuant to sections two and three of this article shall make a finding of fact upon a preponderance of the evidence as to the defendant's competency to stand trial based on whether or not the defendant has sufficient present ability to consult with his or her lawyer with a reasonable degree of rational understanding and whether he or she has a rational as well as a factual understanding of the proceedings against him or her.
(d) If at any point in the proceedings the defendant is found competent to stand trial, the court of record shall forthwith proceed with the criminal proceedings.
(e) If at any point in the proceedings the defendant is found not competent to stand trial, the court of record shall at the same hearing, upon the evidence, make further findings as to whether or not there is a substantial likelihood that the defendant will attain competency within the next ensuing three months.
(f) If at any point in the proceedings the defendant is found not competent to stand trial and is found substantially likely to attain competency, the court of record shall in the same order, upon the evidence, make further findings as to whether the defendant requires, in order to attain competency, inpatient management in a mental health facility. If inpatient management is required, the court shall order the defendant be committed to an inpatient mental health facility designated by the department to attain competency to stand trial and for a competency evaluation. The term of this commitment may not exceed three months from the time of entry into the facility. However, upon request by the chief medical officer of the mental health facility and based on the requirement for additional management to attain competency to stand trial, the court of record may, prior to the termination of the three-month period, extend the period up to nine months from entry into the facility. A forensic evaluation of competency to stand trial shall be conducted by a qualified forensic evaluator and a report rendered to the court, in like manner as subsections (a) and (c), section two of this article every three months until the court determines the defendant is not competent to stand trial and is not substantially likely to attain competency.
(g) If at any point in the proceedings the defendant is found not competent to stand trial and is found not substantially likely to attain competency and if the defendant has been indicted or charged with a misdemeanor or felony which does not involve an act of violence against a person, the criminal charges shall be dismissed. The dismissal order may, however, be stayed for twenty days to allow civil commitment proceedings to be instituted by the prosecutor pursuant to article five of this chapter. The defendant shall be immediately released from any inpatient facility unless civilly committed.
(h) If at any point in the proceedings the defendant is found not competent to stand trial and is found not substantially likely to attain competency, and if the defendant has been indicted or charged with a misdemeanor or felony in which the misdemeanor or felony does involve an act of violence against a person, then the court shall determine on the record the offense or offenses of which the person otherwise would have been convicted, and the maximum sentence he or she could have received. A defendant shall remain under the court's jurisdiction until the expiration of the maximum sentence unless the defendant attains competency to stand trial and the criminal charges reach resolution or the court dismisses the indictment or charge. The court shall order the defendant be committed to a mental health facility designated by the department that is the least restrictive environment to manage the defendant and that will allow for the protection of the public. Notice of the maximum sentence period with an end date shall be provided to the mental health facility. The court shall order a qualified forensic evaluator to conduct a dangerousness evaluation to include dangerousness risk factors to be completed within thirty days of admission to the mental health facility and a report rendered to the court within ten business days of the completion of the evaluation. The medical director of the mental health facility shall provide the court a written clinical summary report of the defendant's condition at least annually during the time of the court's jurisdiction. The court's jurisdiction shall continue an additional ten days beyond any expiration to allow civil commitment proceedings to be instituted by the prosecutor pursuant to article five of this chapter. The defendant shall then be immediately released from the facility unless civilly committed.
(i) If the defendant has been ordered to a mental health facility pursuant to subsection (h) of this section and the court receives notice from the medical director or other responsible official of the mental health facility that the defendant no longer constitutes a significant danger to self or others, the court shall conduct a hearing within thirty days to consider evidence, with due consideration of the qualified forensic evaluator's dangerousness report or clinical summary report to determine if the defendant shall be released to a less restrictive environment. The court may order the release of the defendant only when the court finds that the defendant is no longer a significant danger to self or others. When a defendant's dangerousness risk factors associated with mental illness are reduced or eliminated as a result of any treatment, the court, in its discretion, may make the continuance of appropriate treatment, including medications, a condition of the defendant's release from inpatient hospitalization. The court shall maintain jurisdiction of the defendant in accordance with subsection (h) of this section. Upon notice that a defendant ordered to a mental health facility pursuant to subsection (h) of this section who is released on the condition that he or she continues treatment does not continue his or her treatment, the prosecuting attorney shall, by motion, cause the court to reconsider the defendant's release. Upon a showing that defendant is in violation of the conditions of his or her release, the court shall reorder the defendant to a mental health facility under the authority of the department which is the least restrictive setting that will allow for the protection of the public.
(j) The prosecuting attorney may, by motion, and in due consideration of any chief medical officer's or forensic evaluator's reports, cause the competency to stand trial of a defendant subject to the court's jurisdiction pursuant to subsection (h) of this section or released pursuant to subsection (i) of this section to be determined by the court of record while the defendant remains under the jurisdiction of the court, and in which case the court may order a forensic evaluation of competency to stand trial be conducted by a qualified forensic evaluator and a report rendered to the court in like manner as subsections (a) and (c), section two of this article.
(k) Any defendant found not competent to stand trial may at any time petition the court of record for a hearing on his or her competency.
(l) Notice of court findings of a defendant's competency to stand trial, of commitment for inpatient management to attain competency, of dismissal of charges, of order for inpatient management to protect the public, of release or conditional release, or any hearings to be conducted pursuant to this section shall be sent to the prosecuting attorney, the defendant and his or her counsel, and the mental health facility. Notice of court release hearing or order for release or conditional release pursuant to subsection (i) of this section shall be made available to the victim or next of kin of the victim of the offense for which the defendant was charged. The burden is on the victim or next of kin of the victim to keep the court apprised of that person's current mailing address.
(m) A mental health facility not operated by the state is not obligated to admit or treat a defendant under this section.
§27-6A-4. Criminal responsibility or diminished capacity evaluation; court jurisdiction over persons found not guilty by reason of mental illness.

(a) No later than thirty days prior to the release of a defendant because of the expiration of the court's jurisdiction, if the defendant's supervising physician or psychologist believes that the defendant's mental illness or mental retardation or addiction causes the defendant to be dangerous to self or others, the supervising physician or psychologist shall notify the prosecuting attorney in the county of the court having jurisdiction of such opinion and the basis therefor. Following this notification, the prosecuting attorney shall file a civil commitment application against the defendant, pursuant to article five of this chapter.
(b) Except as provided in subsection (g), section two of this article, the court may discharge a mentally ill or addicted defendant from the court's jurisdiction prior to the expiration of the period specified in this section only when the court finds that the person is no longer mentally ill or addicted and that the person is no longer a danger to self or others: Provided, That a defendant may not be released from the court's jurisdiction when the defendant's mental illness is in remission solely as a result of medication or hospitalization or other mode of treatment only if it can be determined by clear and convincing evidence that with continued outpatient therapy or other mode of outpatient treatment, the defendant's mental illness does not make him or her a danger to self or others. When a defendant's mental illness is in remission solely as a result of medication or hospitalization or other mode of treatment, the court in its discretion, may make the continuance of the medication or other mode of treatment a condition of the defendant's release. Upon notice that a defendant who is released on the condition that he or she continues medication or other mode of treatment does not continue his medication or other mode of treatment, the prosecuting attorney shall, by motion, cause the court to reconsider the defendant's release. Upon a showing that defendant is in violation of the conditions of his or her release, the court shall reinstate its jurisdiction over the defendant. The court may discharge a mentally retarded defendant from the court's jurisdiction prior to the expiration of the period specified in this section only when the court finds that the person is no longer a danger to self or others.
(c) Those persons committed under the provisions of this article may be released or discharged from the inpatient mental health facility only upon entry of an order from the court of record which committed the defendant, finding that the defendant will not be a danger to self or others if so released, based upon the evidence admitted at the hearing.
(d) The court shall promptly conduct a hearing after receipt of the physician's or psychologist's notification referred to in subsection (a) of this section. The clerk shall notify the prosecuting attorney and the victim or next of kin of the victim of the offense for which the defendant was committed of the hearing. The burden shall be on the victim or next of kin of the victim to keep the court apprised of the defendant's current mailing address.
(a) If the court of record finds, upon hearing evidence or representations of counsel for the defendant, that there is probable cause to believe that the defendant's criminal responsibility or diminished capacity will be a significant factor in his or her defense, the court shall appoint one or more qualified forensic psychiatrists or qualified forensic psychologists to conduct a forensic evaluation of the defendant's state of mind at the time of the alleged offense. However, if a qualified forensic evaluator is of the opinion that the defendant is not competent to stand trial that no criminal responsibility or diminished capacity evaluation may be conducted. The forensic evaluation may not be conducted at a state inpatient mental health facility unless the defendant has been ordered to a mental health facility in accordance with subsection (c), section two of this article or subsection (f) or (h), section three of this article. To the extent possible, qualified forensic evaluators who have conducted evaluations of competency under subsection (a), section two of this chapter shall be used to evaluate criminal responsibility or diminished capacity under this subsection.
(b) The court shall require the party making the motion for the evaluations, and other parties as the court considers appropriate, to provide to the qualified forensic evaluator appointed under subsection (a) of this section any information relevant to the evaluation within ten business days of its evaluation order. The information shall include, but not be limited to:
(1) A copy of the warrant or indictment;
(2) Information pertaining to the alleged crime, including statements by the defendant made to the police, investigative reports, and transcripts of preliminary hearings, if any;
(3) Any available psychiatric, psychological, medical or social records that are considered relevant;
(4) A copy of the defendant's criminal record; and
(5) If the evaluation is to include a diminished capacity assessment, the nature of any lesser criminal offenses.
(c) A qualified forensic evaluator shall schedule and arrange within fifteen days of the receipt of appropriate documents the completion of any court ordered evaluation which may include record review and defendant interview and shall, within ten business days of the date of the completion of any evaluation, provide to the court of record a written, signed report of his or her opinion on the issue of criminal responsibility and if ordered, on diminished capacity. The court may extend the ten-day period for filing the report if a qualified forensic evaluator shows good cause to extend the period, but in no event may the period exceed thirty days. If there are no objections by the state or defense counsel, the court may, by order, dismiss the requirement for a written report if the qualified forensic evaluator's opinion may otherwise be made known to the court and interested parties.
(d) If the court determines that the defendant has been uncooperative during a forensic evaluation ordered pursuant to subsection (a) of this section or there are inadequate or conflicting forensic evaluations performed pursuant to subsection (a) of this section, and the court has reason to believe that an observation period and additional forensic evaluation or evaluations are necessary in order to determine if a defendant was criminally responsible or with diminished capacity, the court may order the defendant be admitted to a mental health facility designated by the department for a period not to exceed fifteen days and an additional evaluation be conducted and a report rendered in like manner as subsections (a) and (b) of this section by one or more qualified forensic psychiatrists or one or more qualified forensic psychologists. At the conclusion of the observation period, the court shall enter a disposition order and the sheriff of the county where the defendant was charged shall take immediate custody of the defendant for transportation and disposition as ordered by the court.
(e) If the verdict in a criminal trial is a judgment of not guilty by reason of mental illness, the court shall determine on the record the offense or offenses of which the acquitee could have otherwise been convicted, and the maximum sentence he or she could have received. The acquitee shall remain under the court's jurisdiction until the expiration of the maximum sentence or until discharged by the court. The court shall commit the acquitee to a mental health facility designated by the department that is the least restrictive environment to manage the acquitee and that will allow for the protection of the public. Notice of the maximum sentence period with end date shall be provided to the mental health facility. The court shall order a qualified forensic evaluator to conduct a dangerousness evaluation to include dangerousness risk factors to be completed within thirty days of admission to the mental health facility and a report rendered to the court within ten business days of the completion of the evaluation. The medical director of the mental health facility
shall provide the court a written clinical summary report of the defendant's condition at least annually during the time of the court's jurisdiction. The court's jurisdiction continues an additional ten days beyond any expiration to allow civil commitment proceedings to be instituted by the prosecutor pursuant to article five of this chapter. The defendant shall then be immediately released from the facility unless civilly committed.
(f) In addition to any court ordered evaluations completed pursuant to section two, three, or four of this article, the defendant or the state has the right to an evaluation or evaluations by a forensic evaluator or evaluators of his or her choice and at his or her expense.
(g) A mental health facility not operated by the state is not required to admit or treat a defendant or acquitee under this section.
§27-6A-5. Release of acquitee to less restrictive environment; discharge from jurisdiction of the court.

The periodic review of a person who has been found incompetent to stand trial shall include a clinical opinion with regard to the person's competence to stand trial, which opinion shall be made a part of the patient's medical record. If any person previously found incompetent to stand trial is later determined to be competent, the director of mental health shall notify the court of record, which shall promptly hold a hearing on the person's competency to stand trial. Any person found incompetent to stand trial may at any time petition the court of record for a hearing on his competency. Whenever a hearing is held and the court of record finds that the person is competent to stand trial, his commitment, if any, to a mental health facility shall be terminated and the court of record shall order his return to the custody of the sheriff for trial. However, if the person requests continued care and treatment during the pendency of the criminal proceedings against him and the mental health facility agrees to provide such care and treatment, the court of record may order the further hospitalization of such person.
(a) If, at any time prior to the expiration of the court's jurisdiction, the chief medical officer or responsible official of the mental health facility to which an acquitee has been ordered pursuant to subsection (e), section four of this article believes that the acquitee is not mentally ill or does not have significant dangerousness risk factors associated with mental illness, he or she shall file with the court of record notice of the belief and shall submit evidence in support of the belief to include a forensic evaluation dangerousness report conducted in like manner as subsection (e), section four of this article and recommendations for treatment, including medications, that reduce or eliminate the dangerousness risk factors associated with mental illness. The court of record shall hold a hearing within thirty days of receipt of the notice to consider evidence as to whether the acquitee shall be released from the mental health facility to a less restrictive environment. Notice of the hearing shall be made available to the prosecuting attorney responsible for the charges brought against the acquitee at trial, the acquitee and his or her counsel and the mental health facility. If upon consideration of the evidence the court determines that an acquitee may be released from a mental health facility to a less restrictive setting, the court shall order, within fifteen days of the hearing, the acquitee be released upon terms and conditions, if any, the court considers appropriate for the safety of the community and the well-being of the acquitee. Any terms and conditions imposed by the court must be protective and therapeutic in nature, not punitive. When a defendant's dangerousness risk factors associated with mental illness are reduced or eliminated as a result of any treatment, the court, in its discretion, may make the continuance of appropriate treatment, including medications, a condition of the defendant's release from inpatient hospitalization. The court shall maintain jurisdiction of the defendant in accordance with said subsection. Upon notice that an acquitee released on the condition that he or she continues appropriate treatment does not continue his or her treatment, the prosecuting attorney responsible for the charges brought against the acquitee at trial shall, by motion, cause the court to reconsider the acquitee's release and upon a showing that the acquitee is in violation of the conditions of his or her release, the court may reorder the acquitee to a mental health facility designated by the department which is the least restrictive setting appropriate to manage the acquitee and protect the public.
(b) No later than thirty days prior to the release from a mental health facility or other management setting of an acquitee because of the expiration of the court's jurisdiction as set in accordance with subsection (e), section four of this article, if the acquitee's physician, psychologist, chief medical officer or other responsible party is of the opinion that the acquitee's mental illness renders the acquitee to be likely to cause serious harm to self or others, the supervising physician, psychologist, chief medical officer or other responsible party shall notify the court of record who shall promptly notify the prosecuting attorney in the county of the court having jurisdiction of the opinion and the basis for the opinion. Following notification, the prosecuting attorney may file, within ten days, a civil commitment application against the acquitee pursuant to article five of this chapter.
§27-6A-6. Judicial hearing of defendant's defense other than not guilty by reason of mental illness.

If a defendant who has been found to be incompetent not competent to stand trial believes that he or she can establish a defense of not guilty to the charges pending against him or her, other than the defense of not guilty by reason of mental illness, mental retardation or addiction, he the defendant may request an opportunity to offer a defense thereto on the merits before the court which has criminal jurisdiction. If the defendant is unable to obtain legal counsel, the court of record shall appoint counsel for the defendant to assist him or her in supporting the request by affidavit or other evidence. If the court of record in its discretion grants such a request, the evidence of the defendant and of the state shall be heard by the court of record sitting without a jury. If after hearing such petition the court of record finds insufficient evidence to support a conviction, it shall dismiss the indictment and order the release of the defendant from criminal custody. The release order, however, may be stayed for ten days to allow institution of civil commitment proceedings to be instituted by the prosecutor pursuant to article five of this chapter: Provided, That a defendant committed to a mental health facility pursuant to subsection (f) or (h), section three of this article shall be immediately released from the facility unless civilly committed.
§27-6A-8. Credit for time; expenses.
(a) If a person is convicted of a crime, any time spent in involuntary confinement in a mental health facility as a result of being charged with the crime shall be credited to the sentence.
(b) All medical and psychological expenses attendant upon these proceedings inpatient care and treatment shall be paid by the department.
§27-6A-9. Competency to be adjudicated in juvenile court.
In a similar manner and in accordance with procedures set forth in subsection (a), section two of this article or subsection (a), section four of this article, a juvenile court may order a qualified forensic evaluator to conduct an evaluation of a juvenile to aid the court in its disposition under chapter forty-nine of this code. In a similar manner and in accordance with procedures set forth in subsection (d), section two of this article or subsection (d), section four of this article, a juvenile court may order a period of observation for an alleged delinquent or neglected juvenile at a mental health facility designated by the department to aid the court in its disposition. The period of observation may not exceed fifteen days.
§27-6A-10. Medications and management of court ordered individuals.
(a) At any time pursuant to section two, three or four of this article, an individual is court ordered to a mental health facility the individual has the right to receive treatment under the standards of medical management.
(b) An individual with health care decision making capacity may refuse medications or other management unless court ordered to be treated or unless a treating clinician determines that medication or other management is necessary in emergencies or to prevent danger to the individual or others.
§27-6a-11. Payment to forensic evaluators.
The department shall pay qualified forensic evaluators for all matters related to conducting a court ordered forensic evaluation. The department shall develop and implement a process for prompt payment to qualified forensic evaluators. The department shall establish policies and procedures for establishing a maximum rate schedule for each of the four evaluation types (competency to stand trial, criminal responsibility, diminished capacity, dangerousness) to include all efforts towards the completion of each evaluation such as scheduling and administrative tasks, record review, psychological and other testing, interviews, report writing, research, preparation and consultation. Such policies and procedures shall include input from provider representatives as necessary and appropriate. Any rate schedule shall be fair and reasonable. The department shall consider requests for payment in excess of established rates or other expenses for good cause shown."
The bill was then ordered to third reading.
Com. Sub. for S. B. 129, Authorizing PEIA to transfer excess reserve funds to Retiree Health Benefit Trust Fund; on second reading, coming up in regular order, was read a second time, and, at the request of Delegate DeLong, and by unanimous consent, the rule was suspended and the bill was advanced to third reading with an amendment pending.
Com. Sub. for S. B. 177, Creating Division of Energy; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk on page three, by striking out everything following the enacting clause and inserting the following:
"That §5B-1-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §5B-2A-1, §5B-2A-3, §5B-2A-4, §5B-2A-5 and §5B-2A-12 of said code be amended and reenacted; that said code be amended by adding thereto a new article, designated §5B-2F-1 and §5B- 2F-2; that §5D-1-4 of said code be amended and reenacted; that §5F-2-1 of said code be amended and reenacted; and that §22-3A-7 of said code be amended and reenacted, all to read as follows:
CHAPTER 5B. ECONOMIC DEVELOPMENT ACT OF 1985.

ARTICLE 1. DEPARTMENT OF COMMERCE.
§5B-1-2. Agencies, boards, commissions, divisions and offices comprising the Department of Commerce.

The Department of Commerce consists of the following agencies, boards, commissions, divisions and offices, including all of the allied, advisory, affiliated or related entities, which are incorporated in and administered as part of the Department of Commerce: (1) Division of Labor provided in article one, chapter twenty-one of this code, which includes:
(A) Occupational Safety and Health Review Commission provided in article three-a, chapter twenty-one of this code; and
(B) Board of Manufactured Housing Construction and Safety provided in article nine, chapter twenty-one of this code;
(2) Office of Miners' Health, Safety and Training provided in article one, chapter twenty-two- a of this code. The following boards are transferred to the Office of Miners' Health, Safety and Training for purposes of administrative support and liaison with the Office of the Governor:
(A) Board of Coal Mine Health and Safety and Coal Mine Safety and Technical Review Committee provided in article six, chapter twenty-two-a of this code;
(B) Board of Miner Training, Education and Certification provided in article seven, chapter twenty-two-a of this code; and
(C) Mine Inspectors' Examining Board provided in article nine, chapter twenty-two-a of this code;
(3) The West Virginia Development Office, which includes the Division of Tourism and the Tourism Commission, provided in article two, chapter five-b of this code;
(4) Division of Natural Resources and Natural Resources Commission provided in article one, chapter twenty of this code;
(5) Division of Forestry provided in article one-a, chapter nineteen of this code;
(6) Geological and Economic Survey provided in article two, chapter twenty-nine of this code; and
(7) The Bureau of Employment Programs Workforce West Virginia provided in chapter twenty-one-a of this code, which includes:
(A) Division of Unemployment Compensation;
(B) Division of Employment Service;
(C) Division of Workforce Development; and
(D) Division of Research, Information and Analysis; and
(8) Division of Energy provided in article two-f, chapter five-b of this code.
ARTICLE 2A. OFFICE OF COALFIELD COMMUNITY DEVELOPMENT.
§5B-2A-1. Legislative findings and declaration.
The Legislature hereby finds and declares the following:

(a) Coal mining has made and continues to make significant contributions to the economy of West Virginia. These contributions include the creation of quality jobs that pay high wages and provide good benefits; the consequent stimulation and support of mining contractors, suppliers of mining equipment and services, other mining-related industries and numerous providers of goods and services that are indirectly related to coal mining and dependent upon its existence and prosperity; the generation of significant severance and other tax revenues that support important economic development, infrastructure and education initiatives in mining communities and throughout the state; the support of civic, education and service groups in mining communities; and in the case of surface mining operations, including mountaintop mining, the creation of much-needed flat land for economic development and recreational uses.
(b) The development and increasing prominence of surface mining operations, including mountaintop mining, has brought increasingly high levels of productivity, safety and efficiency to the state's mining industry, enabling the recovery of coal that could not otherwise be mined and marketed profitably, increasing the severance tax revenues and other economic benefits described in subsection (a) of this section and ensuring the competitiveness of the state's coal industry from a national and international perspective.
(c) Where implemented, surface mining operations, particularly mountaintop mining, tend to extract most, if not all, of the recoverable coal reserves in an accelerated fashion. For a state long dependent on the employment and revenue coal mining provides, this reality should be sobering and there is no place in which the comprehension of this reality is more crucial than the coalfields of West Virginia. Long dependent primarily on mining, this area must plan for a future without coal. The state and its subdivisions have a legitimate interest in securing that future.
(d) The coal industry and those related to the extraction of mineral resources benefit from the mining of our state's coal through mining practices which impact its citizens -- some in a negative way -- and through practices which will extract significant portions of coal reserves in an accelerated fashion. Those industries must therefore accept a greater responsibility to help address the long-term needs of the communities and citizens impacted by their activities.
(e) Once it becomes public knowledge that a permit is being sought, the marketability of property may change and the relative bargaining power of the parties may change with it. The potential for negative impact on those living in communities near surface mining operations may limit the options and bargaining power of the property owners.
(f) Surface-mining operations, including mountaintop mining, present unique challenges to the coal mining industry and the state and its citizens, especially those living and working in communities that rely heavily upon these methods of mining. This requires that these communities, in conjunction with county commissions, state, local, county and regional development authorities, landowners and civic, community and business groups and interested citizens, develop plans related to the communities' long-term economic viability.
(g) The West Virginia Development Office Division of Energy, as the state agency charged with economic energy policy and development activities, shall take a more active role in the long- term economic development of communities in which these mining methods are prevalent and shall establish a formal process to assist property owners in the determination of the fair market value where the property owner and the coal company voluntarily enter into an agreement relating to the purchase and sale of such property.
§5B-2A-3. Definitions.
(a) For the purpose of this article, the following terms have the meanings ascribed to them:
(1) 'Division' 'Department' means the Division Department of Environmental Protection established in article one, chapter twenty-two of this code;
(2) 'Office' means the Office of Coalfield Community Development.
(3) 'West Virginia Development Office' means the office established in article two of this chapter.
(b) Unless used in a context that clearly requires a different meaning or as otherwise defined herein, terms used in this article shall have the definitions set forth in this section.
§5B-2A-4. Office of Coalfield Community Development.
(a) The Office of Coalfield Community Development is hereby established within the West Virginia Development Office Division of Energy.
(b) The executive director shall appoint a chief to administer the office, who will serve at the will and pleasure of the executive director of the West Virginia Development Office of the Division of Energy may appoint a chief to administer the office, who will serve at the will and pleasure of the Director of the Division of Energy.
§5B-2A-5. Powers and duties.
The office has and may exercise the following duties, powers and responsibilities:
(1) To establish a procedure for developing a community impact statement as provided in section six of this article and to administer the procedure so established;
(2) To establish a procedure for determining the assets that could be developed in and maintained by the community to foster its long-term viability as provided in section eight of this article and to administer the procedure so established;
(3) To establish a procedure for determining the land and infrastructure needs in the general area of the surface mining operations as provided in section nine of this article and to administer the procedure so established;
(4) To establish a procedure to develop action reports and annual updates as provided in section ten of this article and to administer the procedure so established;
(5) To determine the need for meetings to be held among the various interested parties in the communities impacted by surface mining operations and, when appropriate, to facilitate the meetings;
(6) To establish a procedure to assist property owners in the sale of their property as provided in section eleven of this article and to administer the procedure so established;
(7) In conjunction with the division department, to maintain and operate a system to receive and address questions, concerns and complaints relating to surface mining; and
(8) On its own initiative or at the request of a community in close proximity to a mining operation, or a mining operation, offer assistance to facilitate the development of economic or community assets. Such assistance may include the preparation of a master land use plan pursuant to the provisions of section nine of this article.
§5B-2A-12. Rulemaking.
(a) The office shall propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code to establish, implement and enforce the provisions of this article, which rules shall include, but not be limited to:
(1) The development of standards for establishing the value of property by the office; and
(2) Criteria for the development of a master plan by local, county, regional or redevelopment authorities which coordinates the permitting and reclamation requirements of the division Department of Environmental Protection with these authorities.
(b) The office is authorized to promulgate emergency rules, prior to the first day of July, two thousand two, to incorporate the revisions to this article enacted during the two thousand two regular legislative session.
ARTICLE 2F. DIVISION OF ENERGY.
§5B-2F-1. Short title.
This chapter shall be known and cited as the West Virginia Energy Policy and Development Act.
§5B-2F-2. Purpose; office of director for energy development; director to be member of Public Energy Authority; Division to develop energy policy and development plan; contents of energy policy and development plan; and division to promote energy initiatives.

(a) Effective the first day of July, two thousand seven, the Division of Energy is created as a state agency under the Department of Commerce. The Division may receive federal funds. The Division shall be administered by a director, who shall be appointed by the Governor, by and with the advice and consent of the Senate, and shall continue to serve until his or her successor is appointed and qualified as provided. The director shall be selected with special preference and consideration given to his or her training, experience, capacity and interest in energy policy and development activities.
(b) Creation of the division is intended to provide leadership for developing energy policies emphasizing the increased efficiency of energy use, the increased development and production of new and existing domestic energy sources, the increased awareness of energy use on the environment and the economy, dependable, efficient and economical statewide energy systems capable of supporting the needs of the state, increased energy self-sufficiency where the ratio of indigenous to imported energy use is increased, reduce the ratio energy consumption to economic activity and maintain low-cost energy. The energy policies and development plans shall also provide direction for the private sector.
(c) The director shall administer the daily operations of the Public Energy Authority provided under the provisions of chapter five-d of this code. The director shall also have authority over the Office of Coalfield Community Development, created by the provisions of article two-a, chapter five-b of this code, and the energy efficiency program existing under the West Virginia Development Office which are hereby transferred to the Division. The director shall effectuate coordination of these entities relative to the purposes provided in this article.
(d) The division shall develop an energy policy and shall report the same back to the Governor and the Joint Committee on Government and Finance before the first day of December, two thousand seven. The energy policy shall be a five-year plan setting forth the state's energy policies and shall provide a direction for the private sector. Prior to the expiration of the energy policy, the Division shall begin review of the policy and submit a revised energy policy to the Governor and the Joint Committee on Government and Finance six months before the expiration of the policy.
(e) The director shall be a member of the Public Energy Authority and as such shall attend and participate in all official meetings and public hearing conducted under the auspices of the authority.
(f) The division shall prepare and submit an annual energy development plan to the Governor and the Joint Committee on Government and Finance on or before the first day of December of each year. The development plan shall relate to the Division's implementation of the energy policy and the activities of the Division during the previous year. The development plan shall include any recommended legislation. The Public Energy Authority, the Office of Coalfield Community Development, the energy efficiency program, the Department of Environmental Protection and the Public Service Commission, in addition to their other duties prescribed by this code, shall assist the Division and the director in the development of an energy policy and related development plans. The energy development plan shall set forth the plans for implementing the state's energy policy and shall provide a direction for the private sector. The energy development plan shall recognize the powers of the Public Energy Authority as to development and financing of projects under its jurisdiction and shall make such recommendations as are reasonable and practicable for the exercise of such powers.
(g) The division shall hold public hearings and meetings with notice to receive public input regarding proposed energy policies and development plans. The energy policy and development plans required by subsections (d) and (f) of this section shall address increased efficiency of energy use, traditional and alternative energy, water as a resource and a component of energy production, energy distribution systems, the siting of energy facilities, the increased development and production of new and existing domestic energy sources, increased awareness of energy use on the environment and the economy, energy infrastructure, the development and implementation of renewable, clean, technically innovative and advanced energy projects in this state. Projects may include, without limitation, solar and wind energy, low-impact hydro power, geothermal, biomass, landfill gas, fuel cells, renewable hydrogen fuel technologies, waste coal, coal mine methane, coal gasification to ultraclean fuels, solid waste to fuel grade ethanol and coal liquefaction technologies.
(h) The Division may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, designed to implement an energy policy and development plan in accordance with the provisions of this chapter.
(i) The energy policy and development plans required by subsections (d) and (f) of this section shall identify and report on the energy infrastructure in this state and include without limitation energy infrastructure related to protecting the state's essential data, information systems and critical government services in times of emergency, inoperativeness or disaster. In consultation with the Director of the Division of Homeland Security and Emergency Management, the director of the division shall encourage the development of energy infrastructure and strategic resources that will insure the continuity of governmental operations in situations of emergency, inoperativeness or disaster.
(j) In preparing or revising the energy policy and development plan, the division may rely upon internal staff reports or the advice of outside advisors or consultants and may procure such services with the consent of the Secretary of Commerce. The division may also involve national, state and local government leadership and energy experts.
(k) The division shall prepare an energy use database, including without limitation, end-use applications and infrastructure needs for different classes of energy users including residential, commercial and industrial users, data regarding the interdependencies and sources of electricity, oil, coal, water and gas infrastructure, data regarding energy use of schools and state-owned facilities and collect data on the impact of the energy policy and development plan on the decisions and strategies of energy users of the state.
(l) The division shall promote collaboration between the state's universities and colleges, private industry and nonprofit organizations to encourage energy research and leverage available federal energy research and development resources.
(m) The division shall promote initiatives to enhance the nation's energy security through research and development directed at transforming the state's energy resources into the resources that fuel the nation.
(n) The Performance Evaluation and Research Division of the Legislative Auditor's office shall perform an agency review of the Division of Energy in two thousand ten, as part of its review of the Department of Commerce as set forth in article four, chapter ten of this code.
CHAPTER 5D. PUBLIC ENERGY AUTHORITY.

ARTICLE 1. PUBLIC ENERGY AUTHORITY OF THE STATE OF WEST VIRGINIA.
§5D-1-4. West Virginia public energy authority continued; West Virginia Public Energy Board continued; organization of authority and board; appointment of board members; term, compensation and expenses; director of authority; appointment.

(a) The West Virginia Public Energy Authority is continued. The authority is a governmental instrumentality of the state and a body corporate. The exercise by the authority of the powers conferred by this article and the carrying out of its purposes and duties are essential governmental functions and for a public purpose.
(b) The authority is shall be controlled, managed and operated by a seven-member board known as the West Virginia Public Energy Authority Board, which is continued. The seven members include the governor director of the Division of Energy or designee; the Secretary of the Department of Environmental Protection or designee; the Director of the Economic Development Authority or designee; and four members representing the general public. The public members are appointed by the Governor, by and with the advice and consent of the Senate, for terms of one, two, three and four years, respectively.
(c) On the thirty-first thirtieth day of March June, two thousand five seven, the terms of all appointed members, appointed prior to the amendment of this section during the first extraordinary regular session of the seventy-seventh Legislature shall expire. Not later than the thirty-first first day of March July, two thousand five seven, the Governor appoints shall appoint the public members required in subsection (b) of this section to assume the duties of the office immediately, pending the advice and consent of the Senate.
(d) The successor of each appointed member is appointed for a four-year term. A vacancy is filled by appointment by the Governor in the same manner as the original appointment. A member appointed to fill a vacancy serves for the remainder of the unexpired term. Each board member serves until a successor is appointed.
(e) No more than three of the public members may at any one time belong to the same political party. No more than two public members may be employed by or associated with any industry the authority is empowered to affect. One member shall be a person with significant experience in the advocacy of environmental protection.  Board members may be reappointed to serve additional terms.
(f) All members of the board shall be citizens of the state. Before engaging in their duties, each member of the board shall comply with the requirements of article one, chapter six of this code and give bond in the sum of twenty-five thousand dollars in the manner provided in article two of said chapter. The Governor may remove any board member for cause as provided in section four, article six of said chapter.
(g) The governor director of the Division of Energy shall serve as chair. The board annually elects one of its public members as vice chair and appoints a secretary-treasurer who need not be a member of the board.
(h) Four members of the board constitute a quorum and the affirmative vote of the majority of members present at any meeting is necessary for any action taken by vote of the board. A vacancy in the membership of the board does not impair the rights of a quorum by such vote to exercise all the rights and perform all the duties of the board and the authority.
(i) The person appointed as secretary-treasurer, including a board member if so appointed, shall give bond in the sum of fifty thousand dollars in the manner provided in article two, chapter six of this code.
(j) Each public member receives the same compensation and expense reimbursement as is paid to members of the Legislature for their interim duties as recommended by the citizens legislative compensation commission and authorized by law for each day or portion thereof engaged shall be reimbursed for reasonable expenses incurred in the discharge of official duties. All expenses incurred by the board shall be paid in a manner consistent with guidelines of the Travel Management Office of the Department of Administration and are payable solely from funds of the authority or from funds appropriated to the authority for such purpose by the Legislature. Liability or obligation is not incurred by the authority beyond the extent to which moneys are available from funds of the authority or from such appropriations.
(k) The governor may appoint an executive director, with the advice and consent of the Senate, who serves at the governor's will and pleasure. The director In addition to such other duties and responsibilities as may be prescribed in this code, the Director of the Division of Energy is responsible for managing and administering the daily functions of the authority and for performing all other functions necessary to the effective operation of the authority.
CHAPTER 5F. REORGANIZATION OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT.

ARTICLE 2. TRANSFER OF AGENCIES AND BOARDS.
§5F-2-1. Transfer and incorporation of agencies and boards; funds.
(a) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Administration:
(1) Building Commission provided in article six, chapter five of this code;
(2) Public Employees Insurance Agency and Public Employees Insurance Agency Advisory Board provided in article sixteen, chapter five of this code;
(3) Governor's Mansion Advisory Committee provided for in article five, chapter five-a of this code;
(4) Commission on Uniform State Laws provided in article one-a, chapter twenty-nine of this code;
(5) Education and State Employees Grievance Board provided for in article twenty-nine, chapter eighteen of this code and article six-a, chapter twenty-nine of this code;
(6) Board of Risk and Insurance Management provided for in article twelve, chapter twenty- nine of this code;
(7) Boundary Commission provided in article twenty-three, chapter twenty-nine of this code;
(8) Public Defender Services provided in article twenty-one, chapter twenty-nine of this code;
(9) Division of Personnel provided in article six, chapter twenty-nine of this code;
(10) The West Virginia Ethics Commission provided in article two, chapter six-b of this code; and
(11) Consolidated Public Retirement Board provided in article ten-d, chapter five of this code.
(b) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Commerce:
(1) Division of Labor provided in article one, chapter twenty-one of this code, which includes:
(A) Occupational Safety and Health Review Commission provided in article three-a, chapter twenty-one of this code; and
(B) Board of Manufactured Housing Construction and Safety provided in article nine, chapter twenty-one of this code;
(2) Office of Miners' Health, Safety and Training provided in article one, chapter twenty-two- a of this code. The following boards are transferred to the Office of Miners' Health, Safety and Training for purposes of administrative support and liaison with the office of the Governor:
(A) Board of Coal Mine Health and Safety and Coal Mine Safety and Technical Review Committee provided in article six, chapter twenty-two-a of this code;
(B) Board of Miner Training, Education and Certification provided in article seven, chapter twenty-two-a of this code; and
(C) Mine Inspectors' Examining Board provided in article nine, chapter twenty-two-a of this code;
(3) The West Virginia Development Office, which includes the Division of Tourism and the Tourism Commission provided in article two, chapter five-b of this code;
(4) Division of Natural Resources and Natural Resources Commission provided in article one, chapter twenty of this code;
(5) Division of Forestry provided in article one-a, chapter nineteen of this code;
(6) Geological and Economic Survey provided in article two, chapter twenty-nine of this code; and
(7) The Bureau of Employment Programs Workforce West Virginia provided in chapter twenty-one-a of this code, which includes:
(A) Division of Unemployment Compensation;
(B) Division of Employment Service;
(C) Division of Workforce Development; and
(D) Division of Research, Information and Analysis; and
(8) Division of Energy provided in article two-f, chapter five-b of this code.

(c) The Economic Development Authority provided in article fifteen, chapter thirty-one of this code is continued as an independent agency within the executive branch.
(d) The Water Development Authority and Board provided in article one, chapter twenty- two-c of this code is continued as an independent agency within the executive branch.
(e) Workers' Compensation Commission provided in article one, chapter twenty-three of this code is continued as an independent agency within the executive branch.
(f) The following agencies and boards, including all of the allied, advisory and affiliated entities, are transferred to the Department of Environmental Protection for purposes of administrative support and liaison with the office of the Governor:
(1) Air Quality Board provided in article two, chapter twenty-two-b of this code;
(2) Solid Waste Management Board provided in article three, chapter twenty-two-c of this code;
(3) Environmental Quality Board, or its successor board, provided in article three, chapter twenty-two-b of this code;
(4) Surface Mine Board provided in article four, chapter twenty-two-b of this code;
(5) Oil and Gas Inspectors' Examining Board provided in article seven, chapter twenty-two-c of this code;
(6) Shallow Gas Well Review Board provided in article eight, chapter twenty-two-c of this code; and
(7) Oil and Gas Conservation Commission provided in article nine, chapter twenty-two-c of this code.
(g) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Education and the Arts:
(1) Library Commission provided in article one, chapter ten of this code;
(2) Educational Broadcasting Authority provided in article five, chapter ten of this code;
(3) Division of Culture and History provided in article one, chapter twenty-nine of this code;
(4) Division of Rehabilitation Services provided in section two, article ten-a, chapter eighteen of this code.
(h) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Health and Human Resources:
(1) Human Rights Commission provided in article eleven, chapter five of this code;
(2) Division of Human Services provided in article two, chapter nine of this code;
(3) Bureau for Public Health provided in article one, chapter sixteen of this code;
(4) Office of Emergency Medical Services and Advisory Council provided in article four-c, chapter sixteen of this code;
(5) Health Care Authority provided in article twenty-nine-b, chapter sixteen of this code;
(6) Commission on Mental Retardation provided in article fifteen, chapter twenty-nine of this code;
(7) Women's Commission provided in article twenty, chapter twenty-nine of this code; and
(8) The Child Support Enforcement Division provided in chapter forty-eight of this code.
(i) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Military Affairs and Public Safety:
(1) Adjutant General's Department provided in article one-a, chapter fifteen of this code;
(2) Armory Board provided in article six, chapter fifteen of this code;
(3) Military Awards Board provided in article one-g, chapter fifteen of this code;
(4) West Virginia State Police provided in article two, chapter fifteen of this code;
(5) Division of Homeland Security and Emergency Management and Disaster Recovery Board provided in article five, chapter fifteen of this code and Emergency Response Commission provided in article five-a of said chapter;
(6) Sheriffs' Bureau provided in article eight, chapter fifteen of this code;
(7) Division of Corrections provided in chapter twenty-five of this code;
(8) Fire Commission provided in article three, chapter twenty-nine of this code;
(9) Regional Jail and Correctional Facility Authority provided in article twenty, chapter thirty-one of this code;
(10) Board of Probation and Parole provided in article twelve, chapter sixty-two of this code; and
(11) Division of Veterans' Affairs and Veterans' Council provided in article one, chapter nine-a of this code.
(j) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Revenue:
(1) Tax Division provided in article one, chapter eleven of this code;
(2) Racing Commission provided in article twenty-three, chapter nineteen of this code;
(3) Lottery Commission and position of Lottery Director provided in article twenty-two, chapter twenty-nine of this code;
(4) Agency of Insurance Commissioner provided in article two, chapter thirty-three of this code;
(5) Office of Alcohol Beverage Control Commissioner provided in article sixteen, chapter eleven of this code and article two, chapter sixty of this code;
(6) Board of Banking and Financial Institutions provided in article three, chapter thirty-one-a of this code;
(7) Lending and Credit Rate Board provided in chapter forty-seven-a of this code;
(8) Division of Banking provided in article two, chapter thirty-one-a of this code;
(9) The State Budget Office provided in article two of this chapter;
(10) The Municipal Bond Commission provided in article three, chapter thirteen of this code;
(11) The Office of Tax Appeals provided in article ten-a, chapter eleven of this code; and
(12) The State Athletic Commission provided in article five-a, chapter twenty-nine of this code.
(k) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Transportation:
(1) Division of Highways provided in article two-a, chapter seventeen of this code;
(2) Parkways, Economic Development and Tourism Authority provided in article sixteen-a, chapter seventeen of this code;
(3) Division of Motor Vehicles provided in article two, chapter seventeen-a of this code;
(4) Driver's Licensing Advisory Board provided in article two, chapter seventeen-b of this code;
(5) Aeronautics Commission provided in article two-a, chapter twenty-nine of this code;
(6) State Rail Authority provided in article eighteen, chapter twenty-nine of this code; and
(7) Port Authority provided in article sixteen-b, chapter seventeen of this code.
(l) Except for powers, authority and duties that have been delegated to the secretaries of the departments by the provisions of section two of this article, the position of administrator and the powers, authority and duties of each administrator and agency are not affected by the enactment of this chapter.
(m) Except for powers, authority and duties that have been delegated to the secretaries of the departments by the provisions of section two of this article, the existence, powers, authority and duties of boards and the membership, terms and qualifications of members of the boards are not affected by the enactment of this chapter. All boards that are appellate bodies or are independent decision makers shall not have their appellate or independent decision-making status affected by the enactment of this chapter.
(n) Any department previously transferred to and incorporated in a department by prior enactment of this section means a division of the appropriate department. Wherever reference is made to any department transferred to and incorporated in a department created in section two, article one of this chapter, the reference means a division of the appropriate department and any reference to a division of a department so transferred and incorporated means a section of the appropriate division of the department.
(o) When an agency, board or commission is transferred under a bureau or agency other than a department headed by a secretary pursuant to this section, that transfer is solely for purposes of administrative support and liaison with the office of the Governor, a department secretary or a bureau. Nothing in this section extends the powers of department secretaries under section two of this article to any person other than a department secretary and nothing limits or abridges the statutory powers and duties of statutory commissioners or officers pursuant to this code.
CHAPTER 22. ENVIRONMENTAL RESOURCES.

ARTICLE 3A. OFFICE OF EXPLOSIVES AND BLASTING. §22-3A-7. Funding.

(a) The office shall assess each operator permitted under the provisions of this chapter a fee on each quantity of explosive material used for any purpose on the surface mining operations.
(b) The office shall propose a legislative rule for promulgation in accordance with article three, chapter twenty-nine-a of this code, establishing the fees required by this section. The fees shall be calculated to generate sufficient money to provide for the operation of this office and the office of coalfield community development Division of Energy as provided for in article two-a two-f, chapter five-b of this code.
(c) The office shall deposit all moneys received from these fees into a special revenue fund to be known as the Mountaintop Removal Fund in the State Treasury to be expended by the offices and the Division of Energy in the performance of their duties. The expenditure of moneys in the fund is not authorized from collections, but shall be appropriated by the Legislature."
On motion of Delegate Morgan, the amendment was amended on page one, starting on line fifteen, by striking out section two, article one, chapter five-b in its entirety and inserting in lieu thereof the following:
"§5B-1-2. Agencies, boards, commissions, divisions and offices comprising the Department of Commerce.

The Department of Commerce consists of the following agencies, boards, commissions, divisions and offices, including all of the allied, advisory, affiliated or related entities, which are incorporated in and administered as part of the Department of Commerce: (1) Division of Labor provided in article one, chapter twenty-one of this code, which includes:
(A) Occupational Safety and Health Review Commission provided in article three-a, chapter twenty-one of this code; and
(B) Board of Manufactured Housing Construction and Safety provided in article nine, chapter twenty-one of this code;
(2) Office of Miners' Health, Safety and Training provided in article one, chapter twenty-two- a of this code. The following boards are transferred to the Office of Miners' Health, Safety and Training for purposes of administrative support and liaison with the Office of the Governor:
(A) Board of Coal Mine Health and Safety and Coal Mine Safety and Technical Review Committee provided in article six, chapter twenty-two-a of this code;
(B) Board of Miner Training, Education and Certification provided in article seven, chapter twenty-two-a of this code; and
(C) Mine Inspectors' Examining Board provided in article nine, chapter twenty-two-a of this code;
(3) The West Virginia Development Office, which includes the Division of Tourism and the Tourism Commission, provided in article two, chapter five-b of this code;
(4) Division of Natural Resources and Natural Resources Commission provided in article one, chapter twenty of this code;
(5) Division of Forestry provided in article one-a, chapter nineteen of this code;
(6) Geological and Economic Survey provided in article two, chapter twenty-nine of this code; and
(7) The Bureau of Employment Programs Workforce West Virginia provided in chapter twenty-one-a of this code, which includes:
(A) Division of Unemployment Compensation;
(B) Division of Employment Service;
(C) Division of Workforce Development; and
(D) Division of Research, Information and Analysis; and
(8) Division of Energy provided in article one, chapter five-h of this code.
"
And,
On page eighteen, line seven, by striking out section one, article two, chapter five-f, in its entirety and inserting in lieu thereof the following:
"§5F-2-1. Transfer and incorporation of agencies and boards; funds.
(a) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Administration:
(1) Building Commission provided in article six, chapter five of this code;
(2) Public Employees Insurance Agency and Public Employees Insurance Agency Advisory Board provided in article sixteen, chapter five of this code;
(3) Governor's Mansion Advisory Committee provided for in article five, chapter five-a of this code;
(4) Commission on Uniform State Laws provided in article one-a, chapter twenty-nine of this code;
(5) Education and State West Virginia Public Employees Grievance Board provided for in article twenty-nine, chapter eighteen of this code and article six-a, chapter twenty-nine three, chapter six-c of this code;
(6) Board of Risk and Insurance Management provided for in article twelve, chapter twenty- nine of this code;
(7) Boundary Commission provided in article twenty-three, chapter twenty-nine of this code;
(8) Public Defender Services provided in article twenty-one, chapter twenty-nine of this code;
(9) Division of Personnel provided in article six, chapter twenty-nine of this code;
(10) The West Virginia Ethics Commission provided in article two, chapter six-b of this code; and
(11) Consolidated Public Retirement Board provided in article ten-d, chapter five of this code; and
(12) Real Estate Division provided in article ten, chapter five-a of this code.

(b) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Commerce:
(1) Division of Labor provided in article one, chapter twenty-one of this code, which includes:
(A) Occupational Safety and Health Review Commission provided in article three-a, chapter twenty-one of this code; and
(B) Board of Manufactured Housing Construction and Safety provided in article nine, chapter twenty-one of this code;
(2) Office of Miners' Health, Safety and Training provided in article one, chapter twenty-two- a of this code. The following boards are transferred to the Office of Miners' Health, Safety and Training for purposes of administrative support and liaison with the Office of the Governor:
(A) Board of Coal Mine Health and Safety and Coal Mine Safety and Technical Review Committee provided in article six, chapter twenty-two-a of this code;
(B) Board of Miner Training, Education and Certification provided in article seven, chapter twenty-two-a of this code; and
(C) Mine Inspectors' Examining Board provided in article nine, chapter twenty-two-a of this code;
(3) The West Virginia Development Office, which includes the Division of Tourism and the Tourism Commission provided in article two, chapter five-b of this code;
(4) Division of Natural Resources and Natural Resources Commission provided in article one, chapter twenty of this code;
(5) Division of Forestry provided in article one-a, chapter nineteen of this code;
(6) Geological and Economic Survey provided in article two, chapter twenty-nine of this code; and
(7) The Bureau of Employment Programs Workforce West Virginia provided in chapter twenty-one-a of this code, which includes:
(A) Division of Unemployment Compensation;
(B) Division of Employment Service;
(C) Division of Workforce Development; and
(D) Division of Research, Information and Analysis; and
(8) Division of Energy provided in article two-f, chapter five-b of this code.

(c) The Economic Development Authority provided in article fifteen, chapter thirty-one of this code is continued as an independent agency within the executive branch.
(d) The Water Development Authority and Board provided in article one, chapter twenty- two-c of this code is continued as an independent agency within the executive branch.
(e) Workers' Compensation Commission provided in article one, chapter twenty-three of this code is continued as an independent agency within the executive branch.
(f) (e) The following agencies and boards, including all of the allied, advisory and affiliated entities, are transferred to the Department of Environmental Protection for purposes of administrative support and liaison with the Office of the Governor:
(1) Air Quality Board provided in article two, chapter twenty-two-b of this code;
(2) Solid Waste Management Board provided in article three, chapter twenty-two-c of this code;
(3) Environmental Quality Board, or its successor board, provided in article three, chapter twenty-two-b of this code;
(4) Surface Mine Board provided in article four, chapter twenty-two-b of this code;
(5) Oil and Gas Inspectors' Examining Board provided in article seven, chapter twenty-two-c of this code;
(6) Shallow Gas Well Review Board provided in article eight, chapter twenty-two-c of this code; and
(7) Oil and Gas Conservation Commission provided in article nine, chapter twenty-two-c of this code.
(g) (f) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Education and the Arts:
(1) Library Commission provided in article one, chapter ten of this code;
(2) Educational Broadcasting Authority provided in article five, chapter ten of this code;
(3) Division of Culture and History provided in article one, chapter twenty-nine of this code;
(4) Division of Rehabilitation Services provided in section two, article ten-a, chapter eighteen of this code.
(h) (g) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Health and Human Resources:
(1) Human Rights Commission provided in article eleven, chapter five of this code;
(2) Division of Human Services provided in article two, chapter nine of this code;
(3) Bureau for Public Health provided in article one, chapter sixteen of this code;
(4) Office of Emergency Medical Services and Advisory Council provided in article four-c, chapter sixteen of this code;
(5) Health Care Authority provided in article twenty-nine-b, chapter sixteen of this code;
(6) Commission on Mental Retardation provided in article fifteen, chapter twenty-nine of this code;
(7) Women's Commission provided in article twenty, chapter twenty-nine of this code; and
(8) The Child Support Enforcement Division provided in chapter forty-eight of this code.
(i) (h) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Military Affairs and Public Safety:
(1) Adjutant General's Department provided in article one-a, chapter fifteen of this code;
(2) Armory Board provided in article six, chapter fifteen of this code;
(3) Military Awards Board provided in article one-g, chapter fifteen of this code;
(4) West Virginia State Police provided in article two, chapter fifteen of this code;
(5) Division of Homeland Security and Emergency Management and Disaster Recovery Board provided in article five, chapter fifteen of this code and Emergency Response Commission provided in article five-a of said chapter;
(6) Sheriffs' Bureau provided in article eight, chapter fifteen of this code;
(7) Division of Corrections provided in chapter twenty-five of this code;
(8) Fire Commission provided in article three, chapter twenty-nine of this code;
(9) Regional Jail and Correctional Facility Authority provided in article twenty, chapter thirty-one of this code;
(10) Board of Probation and Parole provided in article twelve, chapter sixty-two of this code; and
(11) Division of Veterans' Affairs and Veterans' Council provided in article one, chapter nine-a of this code.
(j) (i) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Revenue:
(1) Tax Division provided in article one, chapter eleven of this code;
(2) Racing Commission provided in article twenty-three, chapter nineteen of this code;
(3) Lottery Commission and position of Lottery Director provided in article twenty-two, chapter twenty-nine of this code;
(4) Agency of Insurance Commissioner provided in article two, chapter thirty-three of this code;
(5) Office of Alcohol Beverage Control Commissioner provided in article sixteen, chapter eleven of this code and article two, chapter sixty of this code;
(6) Board of Banking and Financial Institutions provided in article three, chapter thirty-one-a of this code;
(7) Lending and Credit Rate Board provided in chapter forty-seven-a of this code;
(8) Division of Banking provided in article two, chapter thirty-one-a of this code;
(9) The State Budget Office provided in article two of this chapter;
(10) The Municipal Bond Commission provided in article three, chapter thirteen of this code;
(11) The Office of Tax Appeals provided in article ten-a, chapter eleven of this code; and
(12) The State Athletic Commission provided in article five-a, chapter twenty-nine of this code.
(k) (j) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Transportation:
(1) Division of Highways provided in article two-a, chapter seventeen of this code;
(2) Parkways, Economic Development and Tourism Authority provided in article sixteen-a, chapter seventeen of this code;
(3) Division of Motor Vehicles provided in article two, chapter seventeen-a of this code;
(4) Driver's Licensing Advisory Board provided in article two, chapter seventeen-b of this code;
(5) Aeronautics Commission provided in article two-a, chapter twenty-nine of this code;
(6) State Rail Authority provided in article eighteen, chapter twenty-nine of this code; and
(7) Port Authority provided in article sixteen-b, chapter seventeen of this code.
(l) (k) Except for powers, authority and duties that have been delegated to the secretaries of the departments by the provisions of section two of this article, the position of administrator and the powers, authority and duties of each administrator and agency are not affected by the enactment of this chapter.
(m) (l) Except for powers, authority and duties that have been delegated to the secretaries of the departments by the provisions of section two of this article, the existence, powers, authority and duties of boards and the membership, terms and qualifications of members of the boards are not affected by the enactment of this chapter. All boards that are appellate bodies or are independent decisionmakers shall not have their appellate or independent decision-making status affected by the enactment of this chapter.
(n) (m) Any department previously transferred to and incorporated in a department by prior enactment of this section means a division of the appropriate department. Wherever reference is made to any department transferred to and incorporated in a department created in section two, article one of this chapter, the reference means a division of the appropriate department and any reference to a division of a department so transferred and incorporated means a section of the appropriate division of the department.
(o) (n) When an agency, board or commission is transferred under a bureau or agency other than a department headed by a secretary pursuant to this section, that transfer is solely for purposes of administrative support and liaison with the Office of the Governor, a department secretary or a bureau. Nothing in this section extends the powers of department secretaries under section two of this article to any person other than a department secretary and nothing limits or abridges the statutory powers and duties of statutory commissioners or officers pursuant to this code."
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 ordered to third reading.
Com. Sub. for S. B. 178, Allowing counties to increase hotel occupancy tax; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page three, section two, beginning on line nineteen, following the words "article at the", by striking out the words "rate of three not more than six percent of the consideration paid for the use or occupancy of a hotel room: Provided, further however, That in the event", and inserting in lieu thereof the words "rate of three percent of the consideration paid for the use or occupancy of a hotel room: Provided, however, That after the thirtieth day of June, two thousand seven, the county is authorized to continue to impose and collect the tax authorized by this article at the rate of not more than six percent of the consideration paid for the use or occupancy of a hotel room: Provided, further, That prior to any increase in the rate of tax, the county shall comply with the requirements of subsection (c) of this section: And provided further, That in the event".
On page eleven, section fourteen, line one hundred twenty-eight, following the words "in this state" and the semicolon, by striking out the word "or".
And,
On page twelve, section fourteen, line one hundred fifty-two, following the words "county exist", by striking out the period and inserting a semicolon and the following:
"or
(10) By participating counties, as defined in section two, article fourteen, chapter twenty of this code, the county commissions of which may appoint members to the Hatfield-McCoy recreational authority, for the support of the Hatfield-McCoy recreational authority, its purposes and operations.
".
The bill was then ordered to third reading.
Com. Sub. for S. B. 192, Authorizing Commissioner of Division of Corrections to issue warrants for certain inmates; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 194, Relating to appeal bonds; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page two, after the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 5. APPELLATE RELIEF IN SUPREME COURT OF APPEALS.
§58-5-14. Appeal bond generally; limitation on amount.
(a)When required by the court, an appeal shall not take effect until bond is given by the appellants or petitioners, or one of them, or some other person, in a penalty to be fixed by the court or judge by or in which the appeal is allowed or entered with condition: If a supersedeas be awarded, to abide by and perform the judgment and to pay to the opposite party, and to any person injured, all such costs and damages as they, or either of them, may incur or sustain by reason of said appeal, in case such judgment, or such part, be affirmed, or the appeal be dismissed, and also, to pay all damages, costs and fees, which may be awarded against or incurred by the appellant or petitioners; and if it is an appeal from a judgment dissolving an injunction, or dismissing a bill of injunction, with a further condition, to indemnify and save harmless the surety in the injunction bond against loss or damage in consequence of his or her suretyship; and with condition when no supersedeas is awarded to pay such specific damages and such costs and fees as may be awarded or incurred: Provided, That whenever an appeal is awarded in any action or suit wherein a judgment for the payment of money has been entered against an insured in an action which is defended by an insurance corporation, or other insurer, on behalf of the insured under a policy of insurance, the limit of liability of which is less than the amount of said judgment, execution on the judgment to the extent of the policy coverage shall be stayed until final determination of such appeal and no execution shall be issued, or action brought, maintained or continued against such insured, insurance corporation or other insurer, for the amount of such judgment so stayed, by either the injured party, the insured or the legal representative, heir or assigns of any of them, during the pendency of such proceeding, provided such insurance corporation, or other insurer, shall:
(1) File with the clerk of the court in which the judgment was entered a sworn statement of one of its officers describing the nature of the policy and the amount of coverage thereof;
(2) Give or cause to be given by the judgment debtor or some other person for him or her a bond in a penalty to be fixed by the court or judge by or in which the appeal is allowed or entered, not to exceed the amount of such insurance coverage set out in the sworn statement above required, with condition to pay the amount of such coverage upon said judgment if the judgment or such part is affirmed or the appeal is dismissed, plus interest on said sum and cost;
(3) Serve a copy of such sworn statement and bond upon the judgment creditor or his or her attorney;
(4) Deliver or mail to the insured at the latest address of the insured appealing upon the records of such insurance corporation, or other insurer, written notice that execution on such judgment to the extent that it is not covered by such insurance is not stayed in respect to the insured: Provided, That the filing of a bond by the insured or someone for him or her, conditioned upon the payment of the balance of the judgment and interest not stayed by the insured as aforesaid if the judgment is affirmed or the appeal is dismissed, shall stay execution on the balance of said judgment not covered by such insurance: Provided, however, That the filing of such statement and bond hereunder by an insurance corporation or other insurer shall not thereby make such insurance corporation or other insurer a party to such action, either in the trial court or in the appellate court.
(b) Except for bonds required under section four, article eleven-a, chapter four of this code, an appeal bond required by a court in accordance with this section may not exceed the amount of the total judgment, which includes the actual judgment, plus costs, interest and fees: Provided, That for all verdicts returned or judgements rendered on or after the first day of July, two thousand seven in which the judgment exceeds fifty million dollars, the court shall require an appeal bond of no more than fifty million dollars. For purposes of this subsection, multiple judgments resulting from cases that have been consolidated or aggregated for purpose of trial proceedings shall be treated as a single judgment.
(c) If the appellee proves by a preponderance of the evidence that the appellant is dissipating or diverting assets outside the ordinary course of business, thereby impairing the appellant's ability to pay the ultimate judgment, the court is not bound by the limitations stated in subsection (b) of this section and may set the appeal bond at any amount not to exceed the total judgment.
(d)The maximum amount allowed for a bond under subsection (b) of this section shall be adjusted on the first day of July, two thousand twelve by an amount to reflect the annual aggregate percentage change in the Federal Consumer Price Index for All Urban Consumers, as published by the United States Department of Labor for the immediately preceding five years, and shall thereafter be adjusted on the first day of July every five years after that initial adjustment by an amount determined by the aggregate change in the Federal Consumer Price Index for All Urban Consumers since the previous adjustment."
The bill was then ordered to third reading.
At 12:20 p.m., on motion of Delegate DeLong, the House of Delegates recessed until 2:00 p.m., and reconvened at that time.
Reordering of the Calendar

Delegate DeLong announced that the Committee on Rules had transferred
S. B. 371 and Com. Sub. for S. B. 738, on second reading, Special Calendar, to the House Calendar.
At the request of Delegate DeLong, and by unanimous consent, Com. Sub. for S. B. 67, Relating to school access safety generally, was taken up for further consideration.
Delegate DeLong moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 343), 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, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 344), 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. 67) 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. 278, Authorizing Department of Health and Human Resources promulgate legislative rules ; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page three, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following language:
"ARTICLE 5. AUTHORIZATION FOR DEPARTMENT OF HEALTH AND HUMAN RESOURCES TO PROMULGATE LEGISLATIVE RULES.

§64-5-1. Health Care Authority.
(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 eight, article two-d, chapter sixteen of this code, modified by the Health Care Authority 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 Health Care Authority (certificate of need, 65 CSR 7) 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 eight, article two-d, chapter sixteen of this code, modified by the Health Care Authority 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 Health Care Authority (health services offered by health professionals, 65 CSR 17) is authorized with the following amendments:
On page one, subsection 1.2., by striking out "@" and inserting in lieu thereof "c";
On page one, section two, by striking subdivision 2.1.c. in its entirety and inserting in lieu thereof the following:
"2.1.c. Any facility owned or operated by one or more health professionals licensed, authorized, or organized pursuant to Chapter 30 of the West Virginia Code which offers laboratory or imaging services to patients that are sent by other licensed health care professionals for the sole purpose of obtaining the laboratory or imaging services, regardless of the cost associated with the proposal. A facility shall not be deemed a diagnostic center under subsection 2.1.c. if the proportion of laboratory procedures performed on such patients does not exceed 25% of the total laboratory procedures performed by the facility, and the proportion of imaging procedures performed on such patients does not exceed 25% of the total imaging procedures performed by the facility;".
On page two, paragraph 2.1.g.1., after the words "first offered;" by striking out the word "or".
And,
On page two, paragraph 2.1.g.2., by changing the period to a semi-colon and inserting the word "or" and the following:
"2.1.g.3. Such laboratory or imaging services were offered by the private office practice on the effective date of this rule; provided however, that the number of laboratory or imaging procedures performed on patients who are sent to the private office practice subsequent to the effective date of this rule for the sole purpose of obtaining laboratory or imaging services must remain at or below the level performed on such patients in 2006, or the level established by calculating an annual average based upon calendar years 2004 through 2006, inclusive."
§64-5-2. Department of Health and Human 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 four, article one, chapter sixteen of this code relating to the Department of Health and Human Resources (public water systems, 64 CSR 3) 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 four, article one, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-second day of December, two thousand six, relating to the Department of Health and Human Resources (public water system operators, 64 CSR 4) 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 six, article five-r, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the nineteenth day of December, two thousand six, relating to the Department of Health and Human Resources (nursing home licensure, 64 CSR 13) 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 four, article one, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-second day of December, two thousand six, relating to the Department of Health and Human Resources (recreational water facilities, 64 CSR 16) is authorized with the following amendments:
On page four, section six, by striking out all of subsection 6.1. and inserting in lieu thereof a new subsection 6.1., to read as follows:
6.1. A recreational water facility that is designed, constructed or renovated after the effective date of this rule shall comply with the National Spa and Pool Institute ANSI/NSPI-1 2003 Standard for Public Swimming Pools, ANSI/NSPI-2 1999 Standard for Public Spas, ANSI/IAF-9 2005 Standard for Public Water Parks and ANSI/APSP-7 2006 National Standard for Suction Entrapment Avoidance in Swimming Pools, Wading Pools, Spa, Hot Tubs, and Catch Basins. These standards are available through the internet at: http://www.nspi.org.
And,
On page nine, section ten, by striking out all of subdivision 10.12.a. and inserting in lieu thereof a new subdivision 10.12.a., to read as follows:
10.12.a. Pools with single suction outlets must meet National Spa and Pool Institute ANSI/NSPI-1 2003 Standard for Public Swimming Pools, public spa suction outlets must meet ANSI/NSPI-2 1999 Standard for Public Spas, and Public Water Park suction outlets must meet ANSI/IAF-9 2005 Standard for Public Water Parks and ANSI/APSP-7 2006 National Standard for Suction Entrapment Avoidance in Swimming Pools, Wading Pools, Spa, Hot Tubs, and Catch Basins. These standards are available through the internet at: http://www.nspi.org.
(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 three, article five, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-second day of January, two thousand seven, relating to the Department of Health and Human Resources (vital statistics, 64 CSR 32) is authorized.
(f) The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand six, authorized under the authority of section fourteen, article four-c, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-second day of December, two thousand six, relating to the Department of Health and Human Resources (emergency medical services, 64 CSR 48) is authorized, with the following amendment:
On page forty-eight, section eighteen, subsection 18.6, line thirty-nine, following the word "of", by inserting the words "Examiners for";
On page forty-eight, section eighteen, subsection 18.7, line forty-three, following the word "or" by inserting the words "Examiners for"; and
On page forty-eight, section eighteen, subsection 18.7, line forty-three, following the word "Nurses" by inserting the words "or his or her designee".
§64-5-3. Division of Human Services.
(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 four, article two-b, chapter forty-nine of this code, modified by the Division of Human Services to meet the objections of the Legislative Rule- Making Review Committee and refiled in the State Register on the sixth day of December, two thousand six, relating to the Division of Human Services (child care center licensing, 78 CSR 1) is authorized with the following amendments:
On page eleven, subsection 4.6, by striking out "4.6.a." and by redesignating paragraphs 4.6.a.1. through 4.6.a.3. as subdivisions 4.6.a. through 4.6.c.;
On page twenty, subdivision 8.4.c., by striking out "8.4.d." and inserting in lieu thereof "8.4.e.";
On page sixty-eight, subsection 19.11, by striking out "19.11.a." and by redesignating paragraphs 19.11.a.1. through 19.11.a.4. as subdivisions 19.11.a. through 19.11.d.;
And,
On page seventy-three, section twenty-two, by striking out "22.1." and by redesignating subdivisions 22.1.a. through 22.1.h. as subdivisions 22.1. through 22.8.
(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 four, article two-b, chapter forty-nine of this code, modified by the Division of Human Services to meet the objections of the Legislative Rule- Making Review Committee and refiled in the State Register on the twentieth day of November, two thousand six, relating to the Division of Human Services (child placing agencies' licensure, 78 CSR 2) is authorized with the following amendments:
On page six, subsection 4.4., by striking out "4.4.a.";
On page seven, subsection 4.5., by striking out "4.5.a.";
On page seven, subsection 4.7., by striking out "4.7.1.";
On page eighteen, subdivision 8.1.d., by striking out "8.1.d.1.";
On page twenty-four, subdivision 9.6.1., by striking out "9.6.a.1.";
On page twenty-eight, subsection 10.6., by striking out "10.6.a.";
On page thirty-nine, section seventeen, by striking out "17.1." and by redesignating subdivisions 17.1.a. through 17.1.c as subdivisions 17.1 through 17.3;
On page forty, section eighteen, by striking out "18.1.";
On pages fifty and fifty-one, section twenty-six, by striking out "26.1." and by redesignating subdivisions 26.1.a. through 26.1.c. as subdivisions 26.1. through 26.3.;
And,
On page fifty-one, section twenty-seven, by striking out "27.1.".
(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 four, article two-b, chapter forty-nine of this code, modified by the Division of Human Services to meet the objections of the Legislative Rule- Making Review Committee and refiled in the State Register on the twenty-second day of December, two thousand six, relating to the Division of Human Services (minimum licensing requirements for group residential facilities in West Virginia, 78 CSR 3) is authorized with the following amendments:
On page two, subsection 2.2, by striking out "2.2.a.";
On pages two and three, subsection 2.3., by striking out "2.3.a." and by redesignating paragraphs 2.3.a.1. through 2.3.6. as subdivisions 2.3.a. through 2.3.f.;
On page seventeen, subsection 4.11., by striking out "4.11.a.";
On page seventeen, subsection 4.12., by striking out "4.12.a.";
On pages twenty-two and twenty-three, subsection 5.8., by striking out "5.8.a." and by redesignating paragraphs 5.8.a.1. through 5.8.4. as subdivisions 5.8.a. through 5.8.d.;
On page twenty-three, subsection 5.10., by striking out "5.10.a.";
On pages twenty-six and twenty-seven, subsection 7.1., by striking out "7.1.a." and by redesignating paragraphs 7.1.a.1. through 7.1.a.5. as subdivisions 7.1.a. through 7.1.e.;
On pages twenty-nine and thirty, subsection 7.9., by striking out "7.9.a." and by redesignating paragraphs 7.9.a.1. through 7.9.a.11. as subdivisions 7.9.a. through 7.9.k.;
On page thirty, subsection 8.5., by striking out "8.5.a.";
On page thirty-two, section eight, by striking paragraph 8.7.c.10 in its entirety and inserting in lieu thereof the following:
"8.7.c.10. Expected outcomes as appropriate.";
On page thirty-two, section eight, by striking paragraphs 8.7.d.4 through 8.7.d.9 in their entirety and inserting in lieu thereof the following:
"8.7.d.4. Evidence of ability to conduct business in the State of West Virginia; and
8.7.d.5. Evidence of a criminal background check."
On page forty-two, section eleven, by striking paragraph 11.2.a.3. in its entirety and inserting in lieu thereof the following:
"11.2.a.3. Adult Pulmonary Resuscitation (CPR), unless the organization serves an infant population, in which case both adult and infant cardiopulmonary resuscitation training is required. This training must be updated every two years.";
On page forty-three, section eleven, by striking paragraph 11.2.a.14. in its entirety and inserting lieu thereof the following:
"11.2.a.14. Heimlich's maneuver or abdominal thrust or any other life-saving technique for choking/obstructed airway as recognized by the American Red Cross or equivalent.";
On page fifty-four, subsection 13.1, by striking out "13.1.a.";
On page fifty-four, subsection 13.2., by striking out "13.2.a." and by redesignating paragraph 13.2.a.1. as subdivision 13.a.;
On page sixty, subsection 13.6., by striking out "13.6.a.";
On page sixty, subsection 14.1., by striking out "14.1.a." and by redesignating paragraphs 14.1.a.1. through 14.1.a.6. as subdivisions 14.1.a. through 14.1.f.;
On page sixty-one, subsection 14.3., by striking out "14.3.a." and by redesignating paragraphs 14.3.a.1. through 14.3.a.4. as subdivisions 14.3.a. through 14.3.d.;
On page sixty-seven, subsection 14.6., by striking out "14.6.a.";
On page sixty-nine, subsection 14.8., by striking out "14.8.a.";
On page seventy-two, subsection 14.13., by striking out "14.13.a.";
On page seventy-three, subsection 14.14., by striking out "14.14.a." and by redesignating paragraphs 14.14.a.1. through 14.1.a.5. as subdivisions 14.1.a. through 14.1.e.;
On page seventy-seven, subsection 14.19., by striking out "14.19.a.";
On page eighty-two, subdivision 15.4.h., by redesignating paragraphs 15.4.g.1. through 15.4.g.3 as 15.4.h.1. through 15.4.h.3. and by redesignating the second subdivision 15.4.h. as 15.4.i.;
On page eighty-six, subdivision 16.4., by striking out "16.4.a.";
On pages ninety-one and ninety-two, subsection 18.2, by striking out "18.2.a.", by redesignating subdivisions 18.2.a.1. through 18.2.a.5. as subdivisions 18.2.a. through 18.2.e. and by redesignating subparagraph 18.2.a.5.A. through 18.2.a.5.B. as paragraphs 18.2.e.1. though 18.2.e.5.;
On page ninety-two, subsection 18.3., by striking out "18.3.a.";
On page ninety-four, subsection 18.6., by striking out "18.6.a.";
On page ninety-five, subsection 18.7., by striking out "18.7.a." and by redesignating paragraphs 18.7.a.1. through 18.8.a.4. as subdivisions 18.7.a. through 18.7.d.;
On page ninety-five, subsection 19.1., by striking out "19.1.a." and by redesignating paragraphs 19.1.a.1. through 19.1.a.6. as subdivisions 19.1.a. through 19.1.f.;
On page one hundred six, subsection 20.5., by striking out "20.5.a. Abrogation of Client Rights" and "20.5.a.1.";
On page one hundred seven, subsection 21.1., by striking out "21.1.a.";
On page one hundred seven, subsection 22.1., by striking out "22.1.a";
On page one hundred eight, subsection 22.2, by striking out "22.1.a";
On page one hundred nine, subsection 22.5, by striking out "22.5.a" and by redesignating paragraphs 22.5.a.1. through 22.5.a.4. as subdivisions 22.5.a. through 22.5.d.;
On page one hundred eleven, subsection 22.8, by striking out "22.8.a";
And,
On page one hundred twelve, subsection 22.10, by striking out "22.10.a".
(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 four, article two-b, chapter forty-nine of this code, modified by the Division of Human Services to meet the objections of the Legislative Rule- Making Review Committee and refiled in the State Register on the twenty-second day of January, two thousand seven, relating to the Division of Human Services (family child care facility licensing requirements, 78 CSR 18) is authorized with the following amendments:
On pages four and five, subsection 4.3., by striking out "4.3.a." and by redesignating paragraphs 4.3.a.1. through 4.3.a.4. as subdivisions 4.3.a. through 4.3.d.;
On page twelve, subsection 8.1., by striking out "8.1.a.", by redesignating paragraphs 8.1.a.1. through 8.1.a.4. as subdivisions 8.1. through 8.4. and by redesignating subparagraphs 8.1.a.4.a. through 8.1.a.4.d. as paragraphs 8.4.a. through 8.4.d.;
On page nineteen, paragraph 14.1.a.5., by redesignating subparagraphs 14.1.a.5.a. and 14.1.a.5.b. as subparagraphs 14.1.a.5.A. and 14.1.a.5.B.;
On page twenty-eight, subsection 18.3., by striking out "18.3.a." and by designating paragraphs 18.3.a.1. through 18.3.a.7. as subdivisions 18.3.a. through 18.3.g.;
And,
On page thirty-four, section twenty-four, by striking out "24.1."
(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 four, article two-b, chapter forty-nine of this code, modified by the Division of Human Services to meet the objections of the Legislative Rule- Making Review Committee and refiled in the State Register on the sixth day of December, two thousand six, relating to the Division of Human Services (family child care home registration requirements, 78 CSR 19) is authorized with the following amendments:
On page thirteen, subsection 7.3, by striking out "7.3.a." and by redesignating paragraphs 7.3.a.1. through 7.3.a.5. as subdivisions 7.3.a. through 7.3.e.;
On page eighteen, section ten, subsection 10.1.d.1, line eleven, following the numeral "6", by inserting the word "months"".
On page twenty-three, subsection 12.2., by striking out "12.2.a." and by redesignating paragraphs 12.2.a.1. through 12.2.a.10. as subdivisions 12.2.a. through 12.2.j.;
On pages twenty-six and twenty-seven, subsection 16.1., by striking out "16.1.a." and by redesignating paragraphs 16.1.a.1. through 16.1.a.6. as subdivisions 16.1.a. through 16.1.f.;
On page twenty-seven, subsection 16.2., by striking out "16.2.a." and by redesignating paragraphs 16.2.a.1. through 16.2.a.7. as subdivisions 16.2.a. through 16.2.g.;
On page twenty-eight, subsection 17.1., by striking out "17.1.a." and by redesignating paragraphs 17.1.a.1. through 17.1.a.7. as subdivisions 17.1.a. through 17.1.d.;
On pages twenty-eight and twenty-nine, subsection 17.2., by striking out "17.2.a." and by redesignating paragraphs 17.2.a.1. through 17.2.a.6. as subdivisions 17.2.a. through 17.2.f.;
And,
On page thirty, section twenty, by striking out "20.1.".
(f) The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand six, authorized under the authority of section four, article two-b, chapter forty-nine of this code, modified by the Division of Human Services to meet the objections of the Legislative Rule- Making Review Committee and refiled in the State Register on the twenty-second day of January, two thousand seven, relating to the Division of Human Services (informal and relative family child care home registration requirements, 78 CSR 20) is authorized with the following amendments:
On pages nine and ten, subsection 7.4., by striking out "7.4.a." and by redesignating paragraphs 7.4.a.1. and 7.4.a.2. as subdivisions 7.4.a. and 7.4.b.;
On page ten, subsection 7.5., by striking out "7.5.a." and by redesignating paragraphs 7.5.a.1. and 7.5.a.2 as subdivisions 7.5.a. and 7.5.b.;
On page fourteen, section twelve, by striking out "12.1. General Transportation.", by redesignating subdivisions 12.1.a. and 12.1.b. as subsections 12.1. and 12.2. and by redesignating paragraphs 12.1.a.1. through 12.1.a.3. as subdivisions 12.1.a. through 12.1.c.;
And,
On page seventeen, section seventeen, by striking out "17.1."
The bill was then ordered to third reading.
S. B. 336, Relating to higher education generally; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill
on page thirteen, section one, line one hundred sixty-three, following the word "purpose" and the period by inserting the following:
"(o) Notwithstanding any provision of this code to the contrary, Blue Ridge Community and Technical College is a free-standing community and technical college and not administratively linked to any other institution."
And
On page twenty-one, following §18B-9-4, by inserting the following:
"ARTICLE 10. FEES AND OTHER MONEY COLLECTED AT STATE INSTITUTIONS OF HIGHER EDUCATION.

§18B-10-4b. Additional fee waivers for health sciences and technology academy programs.

(a) For students who are residents of West Virginia and who successfully complete the health sciences and technology academy affiliated programs, and In in addition to the number of fee waivers permitted in sections five and six of this article for undergraduate, graduate and professional schools, each state institution of higher education may shall waive all fees. or any part thereof; for students who are residents of West Virginia and who successfully complete the health sciences and technology academy affiliated programs Such fee waivers shall not be used by any state institution of higher education to preclude or prevent any other financial aid for which the health sciences and technology academy program recipient may be eligible. All health sciences and technology academy program fee waivers shall be for a period of time not to exceed the number of semesters normally required in the health sciences and technology academy program recipient's academic discipline. All health sciences and technology academy program fee waivers shall remain in effect as long as the health sciences and technology academy program recipients are students in good academic standing at their respective state institution of higher education and have not exceeded the period of time established above.
(b) For purposes of this section, 'Health Sciences and Technology Academy Programs' means those programs in the health sciences designed to assist junior high and high school students in conjunction with their parents and teachers, to enhance their knowledge and abilities in subject matters which will further a career in the field of health sciences.;
(c)Pursuant to the provisions of article ten, chapter four of this code, the health science and technology academy waiver program shall continue to exist until the first day of July, two thousand ten unless sooner terminated, continued or reestablished; and
(d) The health science and technology academy shall report to the Joint Commission on Government and Finance annually beginning in July of two thousand eight all students who have received a tuition waiver , the schools from which they received the tuition waiver, the value of the tuition waiver and additional information determined to be essential to the waiver program
"
And,
By amending the enacting section to read as follows:
"That §18B-5-8 of the Code of West Virginia, 1931, as amended, be repealed; that §18B-1B- 3 of said code be amended and reenacted; that §18B-2A-1 of said code be amended and reenacted; 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; that §18B-10-4b of said code be amended and reenacted; that §18C-3-1 of said code be amended and reenacted; and that §18C-7-6 of said code be amended and reenacted, all to read as follows" followed by a colon.
The bill was then ordered to third reading.
Delegate DeLong moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 345), and there were--yeas 94, nays 3, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Duke, Schoen and Sobonya.
Absent And Not Voting: Hartman, Talbott and Ron Thompson.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a third time and put upon its passage.
Delegate Spencer requested to be excused from voting on the passage of S. B. 336 under the provisions of House Rule 49.
The Speaker refused to excuse the Lady from voting, stating that she was a member of a class of persons possibly to be affected by the passage of the bill and that she 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. 346), 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: Hartman, 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. 336) 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:
S. B. 336 - "A Bill to repeal §18B-5-8 of the Code of West Virginia, 1931, as amended; to amend and reenact §18B-1B-3 of said code; to amend and reenact §18B-2A-1 of said code; to amend and reenact §18B-2B-3 and §18B-2B-5 of said code; to amend and reenact §18B-9-4 of said code; to amend and reenact §18B-10-4b of said code; to amend and reenact §18C-3-1 of said code; and to amend and reenact §18C-7-6 of said code, all relating to higher education generally; Higher Education Policy Commission; West Virginia Council for Community and Technical College Education; institutional boards of governors; providing for election of officers; terms of office; meetings; criteria for setting chancellor's salary; authorizing salary increases for certain classified employees under certain circumstances; requiring tuition and mandatory fee waivers for certain students; establishing a reporting requirement and sunset requirement; increasing portion of a medical student loan that may be cancelled under certain circumstances; clarifying authority to promulgate rules governing operation of PROMISE scholarship; establishing that Blue Ridge Community and Technical College is a free standing college; and deleting obsolete language."
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 347), 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: Hartman, 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. 336) 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. 361, Establishing work programs for qualified inmates; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page three, section thirty, line sixteen, after the period, by inserting the following sentence:
"A qualified inmate does not include an inmate convicted of a sexual offense or a violent felony."
And,
On page four, section thirty, line forty-three, after the word "incarceration", by inserting the words "to be credited to the agency billed for that incarceration".
The bill was then ordered to third reading.
S. B. 371, Exempting certain professional services from consumers sales and service tax; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 381, Relating to insurance fraud; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page two, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 4. GENERAL PROVISIONS.
§33-4-8. General penalty.
In addition to the refusal to renew, suspension or revocation of a license, or penalty in lieu of the foregoing, because of violation of any provision of this chapter, it is a misdemeanor for any person to violate any provision of this chapter and any unless the violation is declared to be a felony by this chapter or other law of this state. Unless another penalty is provided in this chapter or by the laws of this state, every person convicted of a misdemeanor for the violation of any provision of this chapter shall be punished by a fine of fined not more than one thousand dollars or by imprisonment confined in jail for not more than six months, or by both such fine fined and imprisonment confined.
ARTICLE 41. INSURANCE FRAUD PREVENTION ACT.
§33-41-8. Creation of insurance fraud unit; purpose; duties; personnel qualifications.

(a) There is established the West Virginia Insurance Fraud Unit within the office of the Insurance Commissioner of West Virginia. The commissioner may employ full-time supervisory, legal and investigative personnel for the unit who shall be qualified by training and experience in the areas of detection, investigation or prosecution of fraud within and against the insurance industry to perform the duties of their positions. The director of the fraud unit is a full-time position and shall be appointed by the commissioner and serve at his or her will and pleasure. The commissioner shall provide office space, equipment, supplies, clerical and other staff that is necessary for the unit to carry out its duties and responsibilities under this article.
(b) The fraud unit may in its discretion:
(1) Initiate inquiries and conduct investigations when the unit has cause to believe violations of any of the following provisions of this code relating to the business of insurance have been or are being committed: This chapter; chapter twenty-three of this code; article three, chapter sixty-one of this code; and section five, article four of said chapter. Notwithstanding any provision of this code to the contrary, the fraud unit may, with the agreement of the Director of the Public Employees Insurance Agency, conduct investigations related to possible fraud under article sixteen, chapter five of this code.
(2) Review reports or complaints of alleged fraud related to the business of insurance activities from federal, state and local law-enforcement and regulatory agencies, persons engaged in the business of insurance and the general public to determine whether the reports require further investigation; and
(3) Conduct independent examinations of alleged fraudulent activity related to the business of insurance and undertake independent studies to determine the extent of fraudulent insurance acts.
(c) The insurance fraud unit may:
(1) Employ and train personnel to achieve the purposes of this article and to employ legal counsel, investigators, auditors and clerical support personnel and other personnel as the commissioner determines necessary from time to time to accomplish the purposes of this article;
(2) Inspect, copy or collect records and evidence;
(3) Serve subpoenas issued by grand juries and trial courts in criminal matters;
(4) Share records and evidence with federal, state or local law-enforcement or regulatory agencies, and enter into interagency agreements. For purposes of carrying out investigations under this article, the unit shall be deemed a criminal justice agency under all federal and state laws and regulations and as such shall have access to any information that is available to other criminal justice agencies concerning violations of the insurance laws of West Virginia or related criminal laws;
(5) Make criminal referrals to the county prosecutors;
(6) Conduct investigations outside this state. If the information the insurance fraud unit seeks to obtain is located outside this state, the person from whom the information is sought may make the information available to the insurance fraud unit to examine at the place where the information is located. The insurance fraud unit may designate representatives, including officials of the state in which the matter is located, to inspect the information on behalf of the insurance fraud unit, and the insurance fraud unit may respond to similar requests from officials of other states;
(7) The insurance fraud unit may initiate investigations and participate in the development of and, if necessary, the prosecution of any health care provider, including a provider of rehabilitation services, suspected of fraudulent activity related to the business of insurance;
(8) Specific personnel, designated by the commissioner, shall be permitted to operate vehicles owned or leased for the state displaying Class A registration plates;
(9) Notwithstanding any provision of this code to the contrary, specific personnel designated by the commissioner may carry firearms in the course of their official duties after meeting specialized qualifications established by the Governor's Committee on Crime, Delinquency and Correction, which shall include the successful completion of handgun training provided to law-enforcement officers by the West Virginia State Police: Provided, That nothing in this subsection shall be construed to include any person designated by the commissioner as a law-enforcement officer as that term is defined by the provisions of section one, article twenty-nine, chapter thirty of this code; and
(10) The insurance fraud unit shall not be subject to the provisions of article nine-a, chapter six of this code and the investigations conducted by the insurance fraud unit and the materials placed in the files of the unit as a result of any such investigation are exempt from public disclosure under the provisions of chapter twenty-nine-b of this code.
(d) The insurance fraud unit shall perform other duties as may be assigned to it by the commissioner.
§33-41-8b. Fraud investigators may present complaint directly to magistrate.

Notwithstanding any other provision of this code to the contrary, any person authorized under this article to initiate and conduct investigations may submit complaints directly to a magistrate after review and approval by the prosecuting attorney, if the complaint is related to the business of insurance and may be prosecuted as a criminal violation under this chapter; chapter twenty-three of this code; article three, chapter sixty-one of this code; or section five, article four of chapter sixty-one of this code.
The complaint shall be in the form of a written statement of the essential facts constituting the offense charged. The complaint shall be presented to and sworn before a magistrate in the county where the offense is alleged to have occurred.
If it appears from the complaint, or from an affidavit or affidavits filed with the complaint, that there is probable cause to believe that an offense has been committed and that the defendant committed it, a warrant for the arrest of the defendant shall be issued to any officer authorized by law to arrest persons charged with offenses against the state.
§33-41-11. Fraudulent claims to insurance companies.
(a) Any person who knowingly and willfully and with intent to defraud submits a materially false statement in support of a claim for insurance benefits or payment pursuant to a policy of insurance or who conspires to do so is guilty of a crime and is subject to the penalties set forth in the provisions of this section.
(b) Any person who commits a violation of the provisions of subsection (a) of this section where the benefit sought exceeds is one thousand dollars or more in value is guilty of a felony and, upon conviction thereof, shall be confined imprisoned in a correctional facility for not less than one nor more than ten years, fined not more than ten thousand dollars, or both or in the discretion of the circuit court confined in a county or regional jail for not more than one year and so fined not more than ten thousand dollars, or both.
(c) Any person who commits a violation of the provisions of subsection (a) of this section where the benefit sought is less than one thousand dollars or less in value is guilty of a misdemeanor and, upon conviction thereof, shall be confined in a county or regional jail for not more than one year, fined not more than two thousand five hundred dollars, or both.
(d) Any person convicted of a violation of this section is subject to the restitution provisions of article eleven-a, chapter sixty-one of this code.
(e) In addition to the foregoing provisions, the offenses enumerated in sections twenty-four-e through twenty-four-h, inclusive, article three, chapter sixty-one of this code are applicable to matters concerning workers' compensation insurance.
(f) The circuit court may award to the unit or other law-enforcement agency investigating a violation of this section or other criminal offense related to the business of insurance its cost of investigation."
The bill was then ordered to third reading.
Com. Sub. for S. B. 386, Exempting public disclosure of specific public utility plant engineering plans; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page two, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 1. PUBLIC RECORDS.
§29B-1-4. Exemptions.

(a) The following categories of information are specifically exempt from disclosure under the provisions of this article:
(1) Trade secrets, as used in this section, which may include, but are not limited to, any formula, plan pattern, process, tool, mechanism, compound, procedure, production data or compilation of information which is not patented which is known only to certain individuals within a commercial concern who are using it to fabricate, produce or compound an article or trade or a service or to locate minerals or other substances, having commercial value, and which gives its users an opportunity to obtain business advantage over competitors;
(2) Information of a personal nature such as that kept in a personal, medical or similar file, if the public disclosure thereof would constitute an unreasonable invasion of privacy, unless the public interest by clear and convincing evidence requires disclosure in the particular instance: Provided, That nothing in this article shall be construed as precluding an individual from inspecting or copying his or her own personal, medical or similar file;
(3) Test questions, scoring keys and other examination data used to administer a licensing examination, examination for employment or academic examination;
(4) Records of law-enforcement agencies that deal with the detection and investigation of crime and the internal records and notations of such law-enforcement agencies which are maintained for internal use in matters relating to law enforcement;
(5) Information specifically exempted from disclosure by statute;
(6) Records, archives, documents or manuscripts describing the location of undeveloped historic, prehistoric, archaeological, paleontological and battlefield sites or constituting gifts to any public body upon which the donor has attached restrictions on usage or the handling of which could irreparably damage such record, archive, document or manuscript;
(7) Information contained in or related to examination, operating or condition reports prepared by, or on behalf of, or for the use of any agency responsible for the regulation or supervision of financial institutions, except those reports which are by law required to be published in newspapers;
(8) Internal memoranda or letters received or prepared by any public body;
(9) Records assembled, prepared or maintained to prevent, mitigate or respond to terrorist acts or the threat of terrorist acts, the public disclosure of which threaten the public safety or the public health;
(10) Those portions of records containing specific or unique vulnerability assessments or specific or unique response plans, data, databases, and inventories of goods or materials collected or assembled to respond to terrorist acts; and communication codes or deployment plans of law enforcement or emergency response personnel;
(11) Specific intelligence information and specific investigative records dealing with terrorist acts or the threat of a terrorist act shared by and between federal and international law-enforcement agencies, state and local law enforcement and other agencies within the Department of Military Affairs and Public Safety;
(12) National security records classified under federal executive order and not subject to public disclosure under federal law that are shared by federal agencies and other records related to national security briefings to assist state and local government with domestic preparedness for acts of terrorism;
(13) Computing, telecommunications and network security records, passwords, security codes or programs used to respond to or plan against acts of terrorism which may be the subject of a terrorist act;
(14) Security or disaster recovery plans, risk assessments, tests or the results of those tests;
(15) Architectural or infrastructure designs, maps or other records that show the location or layout of the facilities where computing, telecommunications or network infrastructure used to plan against or respond to terrorism are located or planned to be located; and
(16) Codes for facility security systems; or codes for secure applications for such facilities referred to in subdivision (15), subsection (a) of this section;
(17) Specific engineering plans and descriptions of existing public utility plants and equipment; and
(18) Customer proprietary network information of other telecommunications carriers, equipment manufacturers and individual customers, consistent with 47 U.S.C. §222.
(b) As used in subdivisions (9) through (16), inclusive, subsection (a) of this section, the term 'terrorist act' means an act that is likely to result in serious bodily injury or damage to property or the environment and is intended to:
(1) Intimidate or coerce the civilian population;
(2) Influence the policy of a branch or level of government by intimidation or coercion;
(3) Affect the conduct of a branch or level of government by intimidation or coercion; or
(4) Retaliate against a branch or level of government for a policy or conduct of the government.
(c) Nothing in the provisions of subdivisions (9) through (16), inclusive, subsection (a) of this section should be construed to make subject to the provisions of this chapter any evidence of an immediate threat to public health or safety unrelated to a terrorist act or the threat thereof which comes to the attention of a public entity in the course of conducting a vulnerability assessment response or similar activity."
The bill was then ordered to third reading.
Com. Sub. for S. B. 393, Creating Marketing and Communications Fund; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page one, following the enacting section, by striking the remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 1. DEPARTMENT OF COMMERCE.
§5B-1-1a. Marketing and Communications Office.
(a) There is hereby created in the Department of Commerce the Marketing and Communications Office. The Office is created to provide marketing and communications goods and services to other state agencies, departments, units of state or local government or other entity or person.
(b) The Office is authorized to charge for goods and services it provides to other state agencies. The Secretary of the Department of Commerce shall approve a fee schedule determining the amounts that may be charged for goods and services provided by the Office to other state agencies.
(c) All moneys collected shall be deposited in a special account in the State Treasury to be known as the 'Department of Commerce Marketing and Communications Operating Fund'. Expenditures from the fund shall be for the operation of the Office 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 two, chapter eleven-b of this code: Provided, That for the fiscal year ending the thirtieth day of June, two thousand eight expenditures are authorized from collections and shall be expended at the discretion of the Secretary of the Department of Commerce rather than pursuant to appropriation by the Legislature.
(d) Any balance remaining at the end of any fiscal year shall not revert to the General Revenue Fund, but shall remain in the fund for expenditures in accordance with the purposes set forth in this section.
(e) The Department of Commerce shall develop and maintain a system of annual or more frequent performance measures useful in gauging the efficiency and effectiveness of the Office's marketing and communications activities. The measures shall also reflect the Office's efficiency and effectiveness with respect to commercially available marketing and communications services and any private sector benchmarks which might be identified or created. For the purposes of this section, 'performance measures' means income, output, quality, self-sufficiency and outcome metrics.
(f) Beginning on the first day of January, two thousand eight, and annually every year thereafter, the Secretary of the Department of Commerce shall report to the Joint Committee on Government and Finance, the Joint Standing Committee on Finance and the Joint Commission on Economic Development on the performance of the Office. This report is to include a statement of the performance measurements for the Office developed by the Secretary of the Department of Commerce and an analysis of the Office's performance.
(g) Pursuant to the provisions of article ten, chapter four of this code, the Marketing and Communications Office shall continue to exist until the first day of July, two thousand ten, unless sooner terminated, continued or reestablished."
The bill was then ordered to third reading.
S. B. 396, Exempting site-specific data on certain rare plant or animal species from disclosure; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page two, following the enacting section, by striking out the remainder f the bill and inserting in lieu thereof the following:
"ARTICLE 2. WILDLIFE RESOURCES.
§20-2-29. Conservation of species and request for public records.
(a) The director may exempt from disclosure under the Freedom of Information Act, article one, chapter twenty-nine-b of this code, any record concerning the site-specific location of an animal species protected under the Endangered Species Act of 1973, 7 U.S.C. §136, a plant protected under the Plant Variety Protection Act, 7 U.S.C. §2321:2583 and any plant or animal species native to West Virginia determined by the director to be sensitive and in need of conservation to maintain viability or existence.
(b) The director may not deny the release of records under subsection (a) of this section if requested:
(1) By the owner of the land upon which the resource is located;
(2) by an entity which can take the land through the right of eminent domain, or
(3) For scientific purposes which include but are not limited to conservation and education, by a person or entity that demonstrates to the director's satisfaction that the request for information is necessary, will not cause harm to the plant or animal species, and that the person or entity will use the information only for the limited purpose which is the basis for the request of information. The director retains the right to provide any such data in a form which in his or her opinion, is of sufficient resolution to satisfy that request and is not obligated to provide exact coordinate data.
(c) Persons or entities receiving records under this subsection may not release the information to the public or release the information to another entity for commercial purposes."
The bill was then ordered to third reading.
Com. Sub. for S. B. 400, Appointing additional circuit court judges; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk on page two, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 2. CIRCUIT COURTS; CIRCUIT JUDGES.
§51-2-1. Judicial circuits; terms of office; legislative findings and declarations; elections; terms of court.

(a) The state shall be divided into the following judicial circuits with the following number of judges:
The counties of Brooke, Hancock and Ohio shall constitute the first circuit and shall have four judges; the counties of Marshall, Tyler and Wetzel shall constitute the second circuit and shall have two judges; the counties of Doddridge, Pleasants and Ritchie shall constitute the third circuit and shall have one judge; the counties of Wood and Wirt shall constitute the fourth circuit and shall have three judges; the counties of Calhoun, Jackson, Mason and Roane shall constitute the fifth circuit and shall have two judges; the county of Cabell shall constitute the sixth circuit and shall have four judges; the county of Logan shall constitute the seventh circuit and shall have two judges; the county of McDowell shall constitute the eighth circuit and shall have two judges; the county of Mercer shall constitute the ninth circuit and shall have two judges: Provided, That effective the first day of January, two thousand nine, said circuit shall have three judges; the county of Raleigh shall constitute the tenth circuit and shall have three judges; the counties of Greenbrier and Pocahontas shall constitute the eleventh circuit and shall have two judges; the county of Fayette shall constitute the twelfth circuit and shall have two judges; the county of Kanawha shall constitute the thirteenth circuit and shall have seven judges: Provided, That effective the first day of January, two thousand nine, said circuit shall have eight judges; the counties of Braxton, Clay, Gilmer and Webster shall constitute the fourteenth circuit and shall have two judges; the county of Harrison shall constitute the fifteenth circuit and shall have three judges; the county of Marion shall constitute the sixteenth circuit and shall have two judges; the county of Monongalia shall constitute the seventeenth circuit and shall have two judges: Provided, That effective the first day of January, two thousand nine, said circuit shall have three judges; the county of Preston shall constitute the eighteenth circuit and shall have one judge; the counties of Barbour and Taylor shall constitute the nineteenth circuit and shall have one judge; the county of Randolph shall constitute the twentieth circuit and shall have one judge; the counties of Grant, Mineral and Tucker shall constitute the twenty-first circuit and shall have two judges; the counties of Hampshire, Hardy and Pendleton shall constitute the twenty-second circuit and shall have one judge: Provided, That effective the first day of January, two thousand nine, said circuit shall have two judges; the counties of Berkeley, Jefferson and Morgan shall constitute the twenty-third circuit and shall have four five judges; Provided, That effective the first day of August, two thousand six, said circuit shall have five judges; the county of Wayne shall constitute the twenty-fourth circuit and shall have one judge: Provided, That effective the first day of January, two thousand nine, said circuit shall have two judges; the counties of Lincoln and Boone shall constitute the twenty-fifth circuit and shall have two judges; the counties of Lewis and Upshur shall constitute the twenty-sixth circuit and shall have one judge; the county of Wyoming shall constitute the twenty-seventh circuit and shall have one judge; the county of Nicholas shall constitute the twenty-eighth circuit and shall have one judge; the county of Putnam shall constitute the twenty- ninth circuit and shall have two judges; the county of Mingo shall constitute the thirtieth circuit and shall have one judge: Provided, That effective the first day of January, two thousand nine, said circuit shall have two judges; and the counties of Monroe and Summers shall constitute the thirty-first circuit and shall have one judge. Provided, however, That The Kanawha County circuit court shall be a court of concurrent jurisdiction with each single judge circuit where the sitting judge in such single judge circuit is unavailable by reason of sickness, vacation or other reason.
(b) Any judge in office on the effective date of the reenactment of this section shall continue as a judge of the circuit as constituted under prior enactments of this section, unless sooner removed or retired as provided by law, until the thirty-first day of December, two thousand two thousand eight. Any additional judicial positions which have been added to individual circuits, effective the first day of January, two thousand nine, shall be placed on ballot for the primary and general elections conducted in the year two thousand eight.
(c) The term of office of all circuit court judges shall be for eight years. The term of office for all circuit court judges elected during the general election conducted in the year two thousand shall commence on the first day of January, two thousand one, and end on the thirty-first day of December, two thousand eight. The term of office for all circuit court judges elected during the general election conducted in the year two thousand eight shall commence on the first day of January, two thousand nine, and end on the thirty-first day of December, two thousand sixteen.
(d) Beginning with the primary and general elections to be conducted in the year one thousand nine hundred ninety-two, in all judicial circuits having two or more judges there shall be, for election purposes, numbered divisions corresponding to the number of circuit judges in each circuit. Each judge shall be elected at large from the entire circuit. In each numbered division of a judicial circuit, the candidates for nomination or election shall be voted upon and the votes cast for the candidates in each division shall be tallied separately from the votes cast for candidates in other numbered divisions within the circuit. The candidate receiving the highest number of the votes cast within a numbered division shall be nominated or elected, as the case may be: Provided, That beginning with the primary and general elections to be conducted in the year two thousand, judges serving a judicial circuit comprised of four or more counties with two or more judges shall not be residents of the same county.
(e) The Supreme Court of Appeals shall, by rule, establish the terms of court of circuit judges."
Delegates Carmichael and Ashley moved to amend the amendment on page one, section one, line thirteen, following the word "judges", by inserting a colon and the words "Provided, That effective the first day of January, two thousand nine, said circuit shall have three judges".
And,
On page two, section one, line thirty-four, following the word "judges", by striking out the colon and the words " Provided, That effective the first day of January, two thousand nine, said circuit shall have three judges".
On the adoption of the amendment to the amendment, the Speaker put the question and the same was rejected.
Delegate Schoen requested that the Clerk record her in the Journal as voting "Yea" on the amendment offered by Delegates Carmichael and Ashley to the Finance Committee amendment.
The question now before the House being the amendment by the Committee on Finance, the same was put and prevailed.
The bill was then ordered to third reading.
Delegate DeLong moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 348), and there were--yeas 89, nays 7, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Doyle, Duke, Ireland, Kessler, J. Miller, Overington and Tabb.
Absent And Not Voting: Hartman, Perdue, Talbott and Ron Thompson.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 349), and there were--yeas 88, nays 9, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Anderson, Andes, Carmichael, Doyle, Duke, Ireland, Kessler, J. Miller and Tabb.
Absent And Not Voting: Hartman, 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. 400) 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. 400 -"A Bill to amend and reenact §51-2-1 of the Code of West Virginia, 1931, as amended, relating to providing for six additional circuit court judges."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 403, Increasing sealed bids' limitation for certain purchases and contracts by ambulance service authorities; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page two, section sixteen, line five, by striking the words "twenty- five" and inserting in lieu thereof the word "ten".
The bill was then ordered to third reading.
S. B. 406, Including qualified continuing care retirement communities under Tax Limitations Amendment provisions; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page six, section three, line one hundred two, following the word "thereafter" and the period by inserting the following:
"Effective date of amendments-Amendments to this section enacted during the regular session of the Legislature in the year two thousand seven shall take effect on the first day of July, two thousand seven."
The bill was then ordered to third reading.
S. B. 441, Relating to wind power projects tax treatment; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page twenty-one, section two-p, on line forty-nine, following the word "subdivision" by striking out "(3)" and inserting in lieu thereof "(2)".
On page twenty-four, section two-p, beginning on line one hundred six, by striking out subdivision (2) in its entirety and inserting in lieu thereof the following:
"(2) The credit allowed under this section may be applied annually, beginning on the later of:".
And,
On page twenty-five, section two-p, following line one hundred twenty-three, by inserting a new subdivision (4) to read as follows:
"(4) Credit to which a taxpayer is entitled under this section shall be applied in an order and sequence such that the credit earned earliest in time shall be applied first in any tax year to offset tax under this section."
The bill was then ordered to third reading.
Delegate DeLong moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 350), 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: Hartman, Shook, Talbott and Ron Thompson.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 351), and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Lane.
Absent And Not Voting: Hartman, Shook, 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. 441) 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. 496, Authorizing approval of State Personnel Board pay plans; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page four, section ten, line forty-three, following the subdivision designation "(3)", by striking out the word "For" and inserting in lieu thereof the paragraph designation "(A)" and the words "Except as provided in paragraph (B) of this subdivision, for".
On page five, section ten, following line fifty-five, by inserting a new paragraph "(B)" to read as follows:
"(B) The provisions of paragraph (A) of this subdivision and the provisions of section fourteen of this article are not applicable to those offices and positions set forth in subdivisions (1), (2), and (3), subsection (c), section four of this article, nor to persons employed in a professional or scientific capacity to make or conduct a temporary and special inquiry, investigation or examination on behalf of the Legislature or a committee thereof as described in subdivision (9) subsection (c), section four of this article."
The bill was then ordered to third reading.
S. B. 511, Repealing code section relating to insurance policies; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 518, Conforming WV Works Program with federal law requirements; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page fifteen, section eight, starting on line thirty-four by striking out the words:
"(4)
Minor parents who are not head of household;

(5)
Spouses of the head of household; and

(6)
Grandparents and other nonparental caretakers."

And inserting in lieu thereof the following:
"(4)
Minor parents who are not head of household (spouses of the head of household); and

(5)
Grandparents and other nonparental caretakers."

The bill was then ordered to third reading.
Com. Sub. for S. B. 521, Relating to civil penalties issued for criminal and civil violations in Hatfield-McCoy Regional Recreation Area; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page two, section eight, line five, after the word "offense" and the period, by striking out the remainder of subsection (a), and striking out subsection (b) in its entirety, and by redesignating the remaining subsections.
And,
On page three, section eight, beginning on line twenty-eight, after the word "Area.", by striking out the words "The clerk of the circuit court, magistrate court or municipal court in which the civil penalties for misdemeanors are imposed shall, on or before the last day of each month, transmit the civil penalties to the State Treasurer to the credit of the Hatfield-McCoy Recreation Area Fund. Expenditures for purposes set forth in this section are not authorized from collections but are to be made only in accordance with appropriation and in accordance with the provisions of article three, chapter twelve of this code and upon fulfillment of the provisions set forth in article two, chapter eleven-b of this code."
The bill was then ordered to third reading.
Delegate DeLong moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 352), and there were--yeas 94, nays 1, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Duke.
Absent And Not Voting: Burdiss, Hartman, Talbott, Ron Thompson and Tucker.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 353), and there were--yeas 95, nays 2, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Duke and Lane.
Absent And Not Voting: Hartman, 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. 521) 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. 521 - "A Bill to amend and reenact §20-14-8 of the Code of West Virginia, 1931, as amended, relating to civil and criminal penalties within the Hatfield-McCoy Regional Recreation Area; establishing civil penalty fund; and providing for criminal penalties for certain offenses."
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. 523, Consolidating and eliminating certain Division of Motor Vehicles' fees; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk on page ninety-six, section seven, following line twenty-nine, by inserting the following:
"If any person willfully fails or refuses to return to the division the evidences of the registration, title, permit or license that have been canceled, suspended or revoked, or any dealer special plates, when obligated so to do as provided in this section, the commissioner shall immediately notify the superintendent of the state police who shall, as soon as possible, secure possession of the evidence of registration, title, permit or license or any special dealer plates and return it to the division. The superintendent of the state police shall make a report in writing to the commissioner, within two weeks after being notified by the commissioner, as to the result of his or her efforts to secure the possession and return of the evidences of registration, title, permit or license, or any dealer special plates.
For each registration, certificate of title, registration card, registration plate or plates, temporary registration plate or marker, permit, license certificate or dealer special plate, which the owner, holder or other person in possession of the registration, title, permit or license or any special dealer plates shall have willfully failed or refused, as provided in this section, to return to the division within ten days from the time that the cancellation, suspension or revocation becomes effective, and which has been certified to the superintendent of the state police as specified in this section, the owner or holder shall, before the registration, title, permit or license or any special dealer plates may be reinstated, if reinstatement is permitted, in addition to all other fees and charges, pay a fee of fifteen dollars, which shall be collected by the division of motor vehicles, paid into the state treasury and credited to the general fund to be appropriated to the state police for application in the enforcement of the road laws.
A total of twenty-five dollars may be collected on each reinstatement for each vehicle to which any cancellation, suspension or revocation relates: Provided, That when any motor vehicle registration is suspended for failure to maintain motor vehicle liability insurance the reinstatement fee is one hundred dollars, and if the vehicle owner fails to surrender the vehicle registration and the orders go to the state police, an additional fee of fifty dollars shall be required before the motor vehicle registration may be reinstated. A total of one hundred fifty dollars may be collected on each reinstatement of any motor vehicle registration canceled, suspended or revoked for failure to maintain motor vehicle liability insurance.
ARTICLE 10. FEES FOR REGISTRATION, LICENSING, ETC.
§17A-10-8. Vehicles exempt from payment of registration fees.
The following specified vehicles shall be exempt from the payment of any registration fees:
(1) Any vehicle owned or operated by the United States government, the state of West Virginia or any of their political subdivisions. The proper representative of the United States government, the state of West Virginia, or any of their political subdivisions shall make an application for registration for the vehicle and the registration plate or plates issued for the vehicle shall be displayed as provided in this chapter;
(2) Any fire vehicle owned or operated by a volunteer fire department organized for the protection of community property;
(3) Any ambulance or any other emergency rescue vehicle owned or operated by a nonprofit, charitable organization, and used exclusively for charitable purposes;
(4) Any vehicle owned by a disabled veteran as defined by the provisions of Public Law 663 of the 79th Congress of the United States, or Public Law 187 of the 82nd Congress of the United States, or Public Law 77 of the 90th Congress of the United States; except for vehicles used for hire which are owned by disabled veterans;
(5) Not more than one vehicle owned by a veteran with a hundred percent total and permanent service-connected disability as certified by the director of the Department of Veterans' Affairs of West Virginia and not used for commercial purposes;
(6) Not more than one Class A or Class G vehicle, as defined in section one of this article, owned by a former prisoner of war and not used for commercial purposes. For purposes of this subdivision, the term 'prisoner of war' means any member of the armed forces of the United States, including the United States coast guard and national guard, who was held by any hostile force with which the United States was actually engaged in armed conflict during any period of the incarceration; or any person, military or civilian, assigned to duty on the U.S.S. Pueblo who was captured by the military forces of North Korea on the twenty-third of January, one thousand nine hundred sixty-eight, and thereafter held prisoner; except any person who, at any time, voluntarily, knowingly and without duress, gave aid to or collaborated with or in any manner served any such hostile force; and
(7) Not more than one Class A or Class G vehicle, as defined in section one of this article, owned by a recipient of the congressional medal of honor and not used for commercial purposes; and
(8) Vehicles registered in the name of community action agencies and used exclusively for a Head Start program."
And by amending the enacting section to read as follows:
"That §17A-2-21 and §17A-2-23 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §17A-3-3 and §17A-3-14 of said code be amended and reenacted; that §17A-4-10 of said code be amended and reenacted; that §17A-9-7 of said code be amended and reenacted; that §17A-10-8 of said code be amended and reenacted; that §17B-2-7c of said code be amended and reenacted; that §17C-5A-2a, §17C-5A-3 and §17C-5A-3a of said code be amended and reenacted; that §17E-1-23 of said code be amended and reenacted; and that §20-7-12 of said code be amended and reenacted, all to read as follows" followed by a colon.
On motion of Delegate White, the amendment was amended on page one, following line one, by striking the following words:
"ninety-six, section seven, following line twenty-nine, by inserting the following:
"If any person willfully fails or refuses to return to the division the evidences of the registration, title, permit or license that have been canceled, suspended or revoked, or any dealer special plates, when obligated so to do as provided in this section, the commissioner shall immediately notify the superintendent of the state police who shall, as soon as possible, secure possession of the evidence of registration, title, permit or license or any special dealer plates and return it to the division. The superintendent of the state police shall make a report in writing to the commissioner, within two weeks after being notified by the commissioner, as to the result of his or her efforts to secure the possession and return of the evidences of registration, title, permit or license, or any dealer special plates.
For each registration, certificate of title, registration card, registration plate or plates, temporary registration plate or marker, permit, license certificate or dealer special plate, which the owner, holder or other person in possession of the registration, title, permit or license or any special dealer plates shall have willfully failed or refused, as provided in this section, to return to the division within ten days from the time that the cancellation, suspension or revocation becomes effective, and which has been certified to the superintendent of the state police as specified in this section, the owner or holder shall, before the registration, title, permit or license or any special dealer plates may be reinstated, if reinstatement is permitted, in addition to all other fees and charges, pay a fee of fifteen dollars, which shall be collected by the division of motor vehicles, paid into the state treasury and credited to the general fund to be appropriated to the state police for application in the enforcement of the road laws.
A total of twenty-five dollars may be collected on each reinstatement for each vehicle to which any cancellation, suspension or revocation relates: Provided, That when any motor vehicle registration is suspended for failure to maintain motor vehicle liability insurance the reinstatement fee is one hundred dollars, and if the vehicle owner fails to surrender the vehicle registration and the orders go to the state police, an additional fee of fifty dollars shall be required before the motor vehicle registration may be reinstated. A total of one hundred fifty dollars may be collected on each reinstatement of any motor vehicle registration canceled, suspended or revoked for failure to maintain motor vehicle liability insurance." and inserting in lieu thereof the following:
"eighty-six, section ten, line one, by striking the remainder of section ten and section seven in its entirety and inserting in lieu thereof the following:
"(a) In the event a motor vehicle is determined to be a total loss or otherwise designated as 'totaled' by any insurance company or insurer, and upon payment of an agreed price as a claim settlement a total loss claim to any insured or claimant owner for the purchase of the vehicle, the insurance company or the insurer, as a condition of the payment, shall receive require the owner to surrender the certificate of title: and the vehicle except that Provided, That an insured or claimant owner may choose to retain physical possession and ownership of a cosmetically damaged total loss vehicle. If the vehicle owner chooses to retain the vehicle and the vehicle has not been determined to be a cosmetic total loss in accordance with subsection (d) of this section, the insurance company or insurer shall also require the owner to surrender the vehicle registration certificate. as provided in subdivision (2) of this subsection. The term 'total loss' means a motor vehicle which has sustained damages equivalent to seventy-five percent or more of the market value as determined by a nationally accepted used car value guide or meets the definition of a flood-damaged vehicle as defined in this section.
(b) The insurance company or insurer shall, within ten days prior to the payment of the total loss claim, determine if the vehicle is repairable, cosmetically damaged or nonrepairable. Within ten days of payment of the total loss claim, the insurance company or insurer shall and surrender the certificate of title, and a copy of the claim settlement, a completed application on a form prescribed by the commissioner and the registration certificate if the owner has chosen to keep the vehicle to the Department of Motor Vehicles.
(c) If the insurance company or insurer determines that the vehicle is repairable, the division shall issue a 'salvage certificate', on a form prescribed by the commissioner, in the name of the insurance company or the insurer or the vehicle owner if the owner has chosen to retain the vehicle. The certificate shall contain on the reverse thereof spaces for one successive assignment before a new certificate at an additional fee is required.
(1) Upon the sale of the vehicle, the insurance company or insurer or the vehicle owner if the owner has chosen to retain the vehicle shall endorse complete the assignment of ownership on the salvage certificate and deliver it to the purchaser. The vehicle shall not be titled or registered for operation on the streets or highways of this state unless there is compliance with subsection (c) (g) of this section. The division shall charge a fee of fifteen dollars for each salvage title issued.
(2) (d) If the insurance company or insurer determines the damage to a totaled vehicle is exclusively cosmetic and no repair is necessary in order to legally and safely operate the motor vehicle on the roads and highways of this state, the insurance company or insurer shall upon payment of the claim settlement submit the certificate of title to the division. Neither the insurance company nor the division may require the vehicle owner to surrender the registration certificate in the event of a cosmetic total loss settlement.
(A) (1) The division shall, without further inspection, issue a title branded 'cosmetic total loss' to the insured or claimant owner if the insured or claimant owner wishes to retain possession of the vehicle, in lieu of a 'salvage certificate'. The division shall charge A a fee of five dollars shall be charged for each 'cosmetic total loss' title issued. The terms 'cosmetically damaged' and 'cosmetic total loss' do not include any vehicle which has been damaged by flood or fire. The designation 'cosmetic total loss' on a title cannot may not be changed removed.
(B) (2) If the insured or claimant owner elects not to take possession of the vehicle and the insurance company or insurer retains possession, the division shall issue a cosmetic total loss salvage certificate to the insurance company or insurer. The division shall charge a fee of fifteen dollars for each cosmetic total loss salvage certificate issued. The division shall, upon surrender of the cosmetic total loss salvage certificate issued under the provisions of this paragraph and payment of the five percent privilege tax on the fair market value of the vehicle as determined by the commissioner, issue a title branded 'cosmetic total loss' without further inspection.
(3) (e) If the insurance company or insurer determines that the damage to a totaled vehicle renders it nonrepairable, incapable of safe operation for use on roads and highways and which has no resale value except as a source of parts or scrap, the insurance company or vehicle owner shall, in the manner prescribed by the commissioner, request that the division issue a nonrepairable motor vehicle certificate in lieu of a salvage certificate. The division shall issue a nonrepairable motor vehicle certificate without charge.
(b) (f) Any owner who scraps, compresses, dismantles or destroys a vehicle for which a certificate of title, nonrepairable motor vehicle certificate or salvage certificate has been issued shall, within twenty days, surrender the certificate of title, nonrepairable motor vehicle certificate or salvage certificate to the division for cancellation. Any person who purchases or acquires a vehicle as salvage or scrap, to be dismantled, compressed or destroyed, shall within twenty days surrender the certificate to the division.
(c) (g) If the motor vehicle is a 'reconstructed vehicle' as defined in this section or section one, article one of this chapter, it may not be titled or registered for operation until it has been inspected by an official state inspection station and by a representative of the Division of Motor Vehicles. who has been designated by the commissioner as an investigator Following an approved inspection, an application for a new certificate of title may be submitted to the division; however, the applicant shall be required to retain all receipts for component parts, equipment and materials used in the reconstruction. The salvage certificate must shall also be surrendered to the division before a certificate of title may be issued with the appropriate brand.
(d) (h) The owner or title holder of any motor vehicle titled in this state which has previously been branded in this state or another state as 'salvage', 'reconstructed', 'cosmetic total loss', 'cosmetic total loss salvage', 'flood' or 'fire' or an equivalent term under another state's laws shall, upon becoming aware of the brand, apply for and receive a title from the Division of Motor Vehicles on which the brand 'reconstructed', 'salvage', 'cosmetic total loss', 'cosmetic total loss salvage', 'flood' or 'fire' is shown. A The division shall charge a fee of five dollars will be charged for each title so issued.
(e) (i) If application is made for title to a motor vehicle, the title to which has previously been branded 'reconstructed', 'salvage', 'cosmetic total loss', 'cosmetic total loss salvage', 'flood' or 'fire' by the Division of Motor Vehicles under this section and said application is accompanied by a title from another state which does not carry the brand, the division shall, before issuing the title, affix the brand 'reconstructed', 'cosmetic total loss', 'cosmetic total loss salvage', 'flood' or 'fire' to the title. The privilege tax paid on a motor vehicle titled as 'reconstructed', 'cosmetic total loss', 'flood' or 'fire' under the provisions of this section shall be based on fifty percent of the fair market value of the vehicle as determined by a nationally accepted used car value guide to be used by the commissioner.
(f) (j) The division shall charge a fee of fifteen dollars for the issuance of each salvage certificate or cosmetic total loss salvage certificate but shall not require the payment of the five percent privilege tax. However, upon application for a certificate of title for a reconstructed, cosmetic total loss, flood or fire damaged vehicle, the division shall collect the five percent privilege tax on the fair market value of the vehicle as determined by the commissioner unless the applicant is otherwise exempt from the payment of such privilege tax. A wrecker/dismantler/rebuilder licensed by the division is exempt from the payment of the five percent privilege tax upon titling a reconstructed vehicle. The division shall collect a fee of thirty-five dollars per vehicle for inspections of reconstructed vehicles. These fees shall be deposited in a special fund created in the State Treasurer's office and may be expended by the division to carry out the provisions of this article: Provided, That on and after the first day of July, two thousand seven, any balance in the special fund and all fees collected pursuant to this section shall be deposited in the State Road Fund. Licensed wreckers/dismantlers/rebuilders may charge a fee not to exceed twenty-five dollars for all vehicles owned by private rebuilders which are inspected at the place of business of a wrecker/dismantler/rebuilder.
(k) As used in this section:
(1) 'Reconstructed vehicle' means the vehicle was totaled under the provisions of this section or by the provisions of another state or jurisdiction and has been rebuilt in accordance with the provisions of this section or in accordance with the provisions of another state or jurisdiction or meets the provisions of subsection (m), section one, article one of this chapter.
(2) 'Flood-damaged vehicle' means that the vehicle was submerged in water to the extent that water entered the passenger or trunk compartment.
(l) Every vehicle owner shall comply with the branding requirements for a totaled vehicle whether or not the owner receives an insurance claim settlement for a totaled vehicle.
(g) (m) A certificate of title issued by the division for a reconstructed vehicle shall contain markings in bold print on the face of the title that it is for a reconstructed, flood- or fire-damaged vehicle.
(n) Any person who knowingly provides false or fraudulent information to the division that is required by this section in an application for a title, a cosmetic total loss title, a reconstructed vehicle title or a salvage certificate or who knowingly fails to disclose to the division information required by this section to be included in the application or who otherwise violates the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall for each incident be fined not less than five hundred dollars nor more than one thousand dollars nor more than two thousand five hundred dollars, or imprisoned in the county jail for not more than one year, or both fined and imprisoned.
ARTICLE 9. OFFENSES AGAINST REGISTRATION LAWS AND SUSPENSION OR REVOCATION OF REGISTRATION.

§17A-9-7. Surrender of evidence of registration, etc., upon cancellation, suspension or revocation; willful failure or refusal to surrender; fee for reinstatement.

(a) Whenever the registration of a vehicle, a certificate of title, a registration card, registration plate or plates, a temporary registration plate or marker, the right to issue temporary registration plates or markers, any nonresident or other permit or any license certificate or dealer special plates issued under the provisions of article six of this chapter is canceled, suspended or revoked as authorized in this chapter, the owner, holder or other person in possession of the evidences of the registration, title, permit or license or any special dealer plates shall, except as otherwise provided in article six of this chapter, immediately return the evidences of the registration, title, permit or license that was canceled, suspended or revoked, together with any dealer special plates relating to any license certificate, or any dealer special plate or plates if only the dealer special plate is suspended, to the division: Provided, That the owner or holder shall, before reinstatement, pay a fee of ten dollars in addition to all other fees, which shall be collected by the division and credited to a special revolving fund in the State Treasury to be appropriated to the division for use in enforcement of the provisions of this code: Provided, however, That on and after the first day of July, two thousand seven, any balance in the special revolving fund and all fees collected pursuant to this section shall be deposited in the Motor Vehicle Fees Fund created in section twenty-one, article two of this chapter.
(b) If any person willfully fails or refuses to return to the division the evidences of the registration, title, permit or license that have been canceled, suspended or revoked, or any dealer special plates, when obligated so to do as provided in this section, the commissioner shall immediately notify the Superintendent of the State Police who shall, as soon as possible, secure possession of the evidence of registration, title, permit or license or any special dealer plates and return it to the division. The Superintendent of the State Police shall make a report in writing to the commissioner, within two weeks after being notified by the commissioner, as to the result of his or her efforts to secure the possession and return of the evidences of registration, title, permit or license, or any dealer special plates.
(c) If any commercial motor carrier willfully fails or refuses to return to the division the evidences of the registration that have been suspended or revoked as provided in this section, the commissioner shall immediately notify the Public Service Commission which shall, as soon as possible, secure possession of the evidence of registration and return it to the division. The Public Service Commission shall make a report in writing to the commissioner, within two weeks after being notified by the commissioner, as to the result of its efforts to secure the possession and return of the evidences of registration.
(d) For each registration, certificate of title, registration card, registration plate or plates, temporary registration plate or marker, permit, license certificate or dealer special plate, which the owner, holder or other person in possession of the registration, title, permit or license or any special dealer plates shall have willfully failed or refused, as provided in this section, to return to the division within ten days from the time that the cancellation, suspension or revocation becomes effective, and which has been certified to the Superintendent of the State Police as specified in this section, the owner or holder shall, before the registration, title, permit or license or any special dealer plates may be reinstated, if reinstatement is permitted, in addition to all other fees and charges, pay a fee of fifteen dollars, which shall be collected by the Division of Motor Vehicles, paid into the State Treasury and credited to the General Fund to be appropriated to the State Police for application in the enforcement of the road laws.
A total of twenty-five dollars may be collected on each reinstatement for each vehicle to which any cancellation, suspension or revocation relates. Provided, That
(e) When any motor vehicle registration is suspended for failure to maintain motor vehicle liability insurance the reinstatement fee is one hundred dollars, and if the vehicle owner fails to surrender the vehicle registration and the orders go to the State Police, an additional fee of fifty dollars shall be required before the motor vehicle registration may be reinstated. A total of one hundred fifty dollars may be collected on each reinstatement of any motor vehicle registration canceled, suspended or revoked for failure to maintain motor vehicle liability insurance."
The question before the House being the amendment by the Committee on Finance, as amended, the same was put and prevailed.
The bill was then ordered to third reading.

Delegate DeLong moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 354), 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: Hartman, Talbott and Ron Thompson.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 355), 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: Hartman, 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. 523) passed.
The Clerk reported an amendment to the title of the bill, recommended by the Committee on Finance and Delegate White asked and obtained that the same be withdrawn.
On motion of the same Gentleman, the following substitute amendment to the title was then read by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for S. B. 523 - "A Bill to amend and reenact §17A-2-21 and §17A-2-23 of the Code of West Virginia, 1931, as amended; to amend and reenact §17A-3-3 and §17A-3-14 of said code; to amend and reenact §17A-4-10 of said code; to amend and reenact §17A-9-7 of said code; to amend and reenact §17A-10-8 of said code; to amend and reenact §17B-2-7c of said code; to amend and reenact §17C-5A-2a, §17C-5A-3 and §17C-5A-3a of said code; to amend and reenact §17E-1-23 of said code; and to amend and reenact §20-7-12 of said code, all relating to the consolidation and elimination of certain fees collected by the Division of Motor Vehicles." Delegate DeLong moved that the bill take effect July 1, 2007.
On this question, the yeas and nays were taken (Roll No. 356), 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: Hartman, 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. 523) 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.
S. B. 526, Relating to political activities of deputy sheriffs and municipal police officers; on second reading, coming up in regular order, was read a second time,
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page two, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:
"CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.

ARTICLE 14. CIVIL SERVICE FOR DEPUTY SHERIFFS.
§7-14-15. Political activities of members prohibited; exceptions.
(a) On and after the effective date of this article, no A deputy sheriff covered by the provisions of this article shall engage in any political activity of any kind, character or nature whatsoever, except to cast his vote at any election or shall act as an election official in any municipal, county or state election. may not:
(1) Solicit any assessment, subscription or contribution for any political party, committee or candidate from any person who is a member or employee of the county sheriff's department by which they are employed;
(2) Use any official authority or influence, including, but not limited to, the wearing by a deputy sheriff of his or her uniform, for the purpose of interfering with or affecting the nomination, election or defeat of any candidate or the passage or defeat of any ballot issue:
Provided, That this subdivision shall not be construed to prohibit any deputy sheriff from casting his or her vote at any election while wearing his or her uniform;
(3) Coerce or command anyone to pay, lend or contribute anything of value to a party, committee, organization, agency or person for the nomination, election or defeat of a ballot issue; or
(4) Be a candidate for or hold any other public office in the county in which he or she is employed:
Provided, That any deputy sheriff that is subject to the provisions of 15 U. S. C. §1501, et seq., may not be a candidate for elective office.
(b) Other types of partisan or nonpartisan political activities not inconsistent with the provisions of subsection (a) of this section are permissible political activities for deputy sheriffs.
(c) No person may be appointed or promoted to or demoted or dismissed from any position held by a deputy sheriff or in any way favored or discriminated against because of his or her engagement in any political activities authorized by the provisions of this section. Any elected or appointed official who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction thereof, shall be punished by the penalties contained in section twenty-six, article fifteen, chapter eight of this code.
(d)
Any deputy sheriff violating the provisions of this section shall have his appointment vacated and he shall be removed, in accordance with the pertinent provisions of this section.
(b) (e) Any three residents of the county may file their written petition with the civil service commission thereof setting out therein the grounds upon which a deputy sheriff of such county should be removed for a violation of subsection (a) of this section. Notice of the filing of such petition shall be given by the commission to the accused deputy, which notice shall require him to file a written answer to the charges set out in the petition within thirty days of the date of such notice. The petition and answer thereto, if any, shall be entered upon the records of the civil service commission. If the answer is not filed within the time stated, or any extension thereof for cause which in the discretion of the civil service commission may be granted, an order shall be entered by the commission declaring the appointment of the deputy vacated. If such answer is filed within the time stated, or any extension thereof for cause which in the discretion of the civil service commission may be granted, the accused deputy may demand within such period a public hearing on the charges, or the civil service commission may, in its discretion and without demand therefor, set a date and time for a public hearing on the charges, which hearing shall be within thirty days of the filing of said answer, subject, however, to any continuances which may in the discretion of the civil service commission be granted. A written record of all testimony taken at such hearing shall be kept and preserved by the civil service commission, which record shall be sealed and not be open to public inspection if no appeal be taken from the action of the commission. The commission at the conclusion of the hearing, or as soon thereafter as possible, shall enter an order sustaining in whole or in part the charges made, or shall dismiss the charges as unfounded. In the event the charges are sustained in whole or in part, the order shall also declare the appointment of such deputy to be vacated and thereupon the sheriff shall immediately remove the deputy from his office and from the payroll of the county. Notice of the action of the commission shall be given by registered letter to the county court and the sheriff. If the sheriff fails to immediately comply with the order of the commission, he shall be punished for contempt, upon application of the commission to the circuit court of the county.
(c) (f) An appeal from the ruling of the commission may be had in the same manner and within the same time as specified in section seventeen of this article for an appeal from a ruling of a commission after hearing held in accordance with the provisions of said section seventeen.
CHAPTER 8. MUNICIPAL CORPORATIONS.

ARTICLE 14. LAW AND ORDER; POLICE FORCE OR DEPARTMENTS; POWERS, AUTHORITY AND DUTIES OF LAW-ENFORCEMENT OFFICIALS AND POLICEMEN; POLICE MATRONS; SPECIAL SCHOOL ZONE AND PARKING LOT OR PARKING BUILDING POLICE OFFICERS; CIVIL SERVICE FOR CERTAIN POLICE DEPARTMENTS.

§8-14-19. Political activities of members prohibited; exceptions.
(a) No A member of any a paid police department of a Class I or Class II city shall engage in any political activity of any kind, character or nature whatsoever, except to cast his vote at any election, or shall act as an election official in any election, municipal, county or state. may not:
(1) Solicit any assessment, subscription or contribution for any political party, committee or candidate from any person who is a member or employee of the municipality by which they are employed;
(2) Use any official authority or influence, including, but not limited to, the wearing by a municipal police officer of his or her uniform, for the purpose of interfering with or affecting the nomination, election or defeat of any candidate or the passage or defeat of any ballot issue: Provided, That this subdivision shall not be construed to prohibit any municipal police officer from casting his or her vote at any election while wearing his or her uniform;
(3) Coerce or command anyone to pay, lend or contribute anything of value to a party, committee, organization, agency or person for the nomination, election or defeat of a ballot issue; or
(4) Be a candidate for or hold any other public office in the municipality in which he or she is employed: Provided, That any municipal police officer that is subject to the provisions of 15 U. S. C. §1501, et seq., may not be a candidate for elective office.
(b) Other types of partisan or nonpartisan political activities not inconsistent with the provisions of subsection (a) of this section are permissible political activities for municipal police officers.
(c) No person may be appointed or promoted to or demoted or dismissed from any position held by a municipal police officer or in any way favored or discriminated against because of his or her engagement in any political activities authorized by the provisions of this section. Any elected or appointed official who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction thereof, shall be punished by the penalties contained in section twenty-six, article fifteen, chapter eight of this code.
(d)
Any member of any such paid police department violating the provisions of this section shall have his appointment vacated and he shall be removed, in accordance with the pertinent provisions of this section.
(b) (e) Any three residents of any such city may file their written petition with the policemen's civil service commission thereof setting out therein the grounds upon which a member of the paid police department of such city should be removed for a violation of subsection (a) of this section. Notice of the filing of such petition shall be given by said commission to the accused member, which notice shall require the said member to file a written answer to the charges set out in the petition within thirty days of the date of said notice. The said petition and answer thereto, if any, shall be entered upon the records of the commission. If such answer is not filed within the time stated, or any extension thereof for cause which in the discretion of the commission may be granted, an order shall be entered by the commission declaring the appointment of said member vacated; if such answer is filed within the time stated, or any extension thereof for cause which in the discretion of the commission may be granted, the accused member may demand within such period a public hearing on the charges, or the commission may, in its discretion and without demand therefor, set a time for a public hearing on said charges, which hearing shall be within thirty days of the filing of said answer, subject, however, to any continuances which may in the discretion of the commission be granted. A written record of all testimony taken at such hearing shall be kept and preserved by the commission, which record shall be sealed and not be open to public inspection, if no appeal be taken from the action of the commission. The commission at the conclusion of the hearing, or as soon thereafter as possible, shall enter an order sustaining in whole or in part the charges made, or shall dismiss the charges as unfounded. In the event the charges are sustained in whole or in part, the order shall also declare the appointment of said member to be vacated and thereupon the proper municipal authorities shall immediately remove said member from the police force and from the payroll of said city. Notice of the action of the commission shall be given by registered letter to the mayor and chief of police of the city; and for failure to immediately comply with the order of the commission such officer or officers shall be punished for contempt, upon application of the commission to the circuit court of the county in which the city or the major portion of the territory thereof is located.
(c) (f) An appeal from the ruling of the commission may be had in the same manner and within the same time as specified in section twenty of this article for an appeal from a ruling of a commission after hearing held in accordance with the provisions of said section twenty."
The bill was then ordered to third reading.
Com. Sub. for S. B. 529, Prohibiting requirement that sexual offense victims pay costs of forensic examination; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 541, Relating to public school finance; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page three, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
"That §18-9A-2, §18-9A-11 and §18-9A-15 of the code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.
18-9A-2. Definitions.
For the purpose of this article:
(a) 'State board' means the West Virginia Board of Education.
(b) 'County board' or 'board' means a county board of education.
(c) 'Professional salaries' means the state legally mandated salaries of the professional educators as provided in article four, chapter eighteen-a of this code.
(d) 'Professional educator' shall be synonymous with and shall have the same meaning as 'teacher' as defined in section one, article one, chapter eighteen of this code.
(e) 'Professional instructional personnel' means a professional educator whose regular duty is as that of a classroom teacher, librarian, counselor, attendance director, school psychologist or school nurse with a bachelors degree and who is licensed by the West Virginia Board of Examiners for Registered Professional Nurses. A professional educator having both instructional and administrative or other duties shall be included as professional instructional personnel for that ratio of the school day for which he or she is assigned and serves on a regular full-time basis in appropriate instruction, library, counseling, attendance, psychologist or nursing duties.
(f) 'Service personnel salaries' shall mean means the state legally mandated salaries for service personnel as provided in section eight-a, article four, chapter eighteen-a of this code.
(g) 'Service personnel' shall mean means all personnel as provided for in section eight, article four, chapter eighteen-a of this code. For the purpose of computations under this article of ratios of service personnel to adjusted enrollment, a service employee shall be counted as that number found by dividing his or her number of employment days in a fiscal year by two hundred: Provided, That the computation for any such service person employed for three and one-half hours or less per day as provided in section eight-a, article four, chapter eighteen-a of this code shall be calculated as one half an employment day.
(h) 'Net enrollment' means the number of pupils enrolled in special education programs, kindergarten programs and grades one to twelve, inclusive, of the public schools of the county. Commencing with the school year beginning on the first day of July, one thousand nine hundred eighty-eight, Net enrollment further shall include adults enrolled in regular secondary vocational programs existing as of the effective date of this section subject to the following: Provided, That
(1) Net enrollment shall include includes no more than one thousand such of those adults counted on the basis of full-time equivalency and apportioned annually to each county in proportion to the adults participating in regular secondary vocational programs in the prior year counted on the basis of full-time equivalency; and Provided, however, That No
(2) Net enrollment does not include any adult charged tuition or special fees beyond that required of the regular secondary vocational student. is charged for such adult students.
(i) 'Adjusted enrollment' means the net enrollment plus twice the number of pupils enrolled for special education. Commencing with the school year beginning on the first day of July, one thousand nine hundred ninety, adjusted enrollment means the net enrollment plus twice the number of pupils enrolled for special education, including exceptional gifted plus the number of pupils in grades nine through twelve enrolled for honors and advanced placement programs, plus the number of pupils enrolled on the first day of July, one thousand nine hundred eighty-nine, in the gifted program in grades nine through twelve: Provided, That commencing with the school year beginning on the first day of July, one thousand nine hundred ninety, no more than four percent of net enrollment of grades one through eight may be counted as enrolled in gifted education and no more than six percent of net enrollment of grades nine through twelve may be counted as enrolled in gifted education, exceptional gifted education (subject to the limitation set forth in section one, article twenty of this chapter) and honors and advanced placement programs for the purpose of determining adjusted enrollment within a county: Provided, however, That nothing herein shall be construed to limit the number of students who may actually enroll in gifted, honors or advanced placement education programs in any county: Provided further, That until the school year beginning on the first day of July, one thousand nine hundred ninety-two, the preceding percentage limitations shall not restrict the adjusted enrollment definition for a county to the extent that those limitations are exceeded by students enrolled in gifted education programs on the first day of July, one thousand nine hundred eighty-nine: And provided further, That no pupil may be counted more than three times for the purpose of determining adjusted enrollment. Such enrollment shall be adjusted to the equivalent of the instructional term and in accordance with such eligibility requirements and rules as established by the state board. No pupil shall be counted more than once by reason of transfer within the county or from another county within the state, and no pupil shall be counted who attends school in this state from another state.
(j) 'Levies for general current expense purposes' means ninety-eight ninety-four percent of the levy rate for county boards of education calculated or set by the Legislature pursuant to the provisions of section six-f, article eight, chapter eleven of this code.
'Basic resources per pupil' for the state and the several counties means the total of (a) ninety-five percent of the property tax revenues computed at the levy rate for county boards of education calculated or set by the Legislature pursuant to the provisions of section six-f, article eight, chapter eleven of this code, but excluding revenues from increased levies as provided in section ten, article X of the Constitution of West Virginia, and (b) basic state aid as provided in sections twelve and thirteen of this article, but excluding the foundation allowance to improve instructional programs as provided in section ten of this article, and excluding any funds appropriated for the purpose of achieving salary equity among county board employees, this total divided by the number of students in adjusted enrollment: Provided, That beginning with the school year commencing on the first day of July, one thousand nine hundred ninety-one, and thereafter, the foundation allowance for transportation costs as provided in section seven of this article shall also be excluded and the total shall be divided by the number of students in net enrollment: Provided, however, That any year's allocations to the counties of the eighty percent portion of the foundation allowance to improve instructional programs, as provided in section ten of this article, shall be determined on the basis of the immediately preceding school year's basic resources per pupil.
§18-9A-11. Computation of local share; appraisal and assessment of property.
(a) On the basis of each county's certificates of valuation as to all classes of property as determined and published by the assessors pursuant to section six, article three, chapter eleven of this code for the next ensuing fiscal year in reliance upon the assessed values annually developed by each county assessor pursuant to the provisions of articles one-c and three of said chapter, the state board shall for each county compute by application of the levies for general current expense purposes, as defined in section two of this article, the amount of revenue which the levies would produce if levied upon one hundred percent of the assessed value of each of the several classes of property contained in the report or revised report of the value, made to it by the tax commissioner as follows:
(1) The state board shall first take ninety-five percent of the amount ascertained by applying these rates to the total assessed public utility valuation in each classification of property in the county.
(2) The state board shall then apply these rates to the assessed taxable value of other property in each classification in the county as determined by the tax commissioner and shall deduct therefrom five percent as an allowance for the usual losses in collections due to discounts, exonerations, delinquencies and the like. All of the amount so determined shall be added to the ninety-five percent of public utility taxes computed as provided in subdivision (1) of this subsection and this total shall be further reduced by the amount due each county assessor's office pursuant to the provisions of section eight, article one-c, chapter eleven of this code and this amount shall be the local share of the particular county.
As to any estimations or preliminary computations of local share that may be required prior to the report to the Legislature by the tax commissioner, the state board of education shall use the most recent projections or estimations that may be available from the tax department for that purpose.
(b) Whenever in any year a county assessor or a county commission shall fail or refuse to comply with the provisions of this section in setting the valuations of property for assessment purposes in any class or classes of property in the county, the state tax commissioner shall review the valuations for assessment purposes made by the county assessor and the county commission and shall direct the county assessor and the county commission to make corrections in the valuations as necessary so that they shall comply with the requirements of chapter eleven of this code and this section and the tax commissioner shall enter the county and fix the assessments at the required ratios. Refusal of the assessor or the county commission to make the corrections constitutes grounds for removal from office.
(c) For the purposes of any computation made in accordance with the provisions of this section, in any taxing unit in which tax increment financing is in effect pursuant to the provisions of article eleven-b, chapter seven of this code, the assessed value of a related private project shall be the base assessed value as defined in section two of said article.
(d) For purposes of any computation made in accordance with the provisions of this section, in any county where the county board of education has adopted a resolution choosing to use the provisions of the growth county school facilities act set forth in section six-f, article eight, chapter eleven of this code, estimated school board revenues generated from application of the regular school board levy rate to new property values, as that term is designated in said section, may not be considered local share funds and shall be subtracted before the computations in subdivisions (1) and (2), subsection (a) of this section are made.
(e) The Legislature finds that public school systems throughout the state provide support in varying degrees to public libraries through a variety of means including budgeted allocations, excess levy funds and portions of their regular school board levies as may be provided by Special Act. A number of public libraries are situated on the campuses of public schools and several are within public school buildings serving both the students and public patrons. To the extent that public schools recognize and choose to avail the resources of public libraries toward developing within their students such legally recognized elements of a thorough and efficient education as literacy, interests in literature, knowledge of government and the world around them and preparation for advanced academic training, work and citizenship, public libraries serve a legitimate school purpose and may do so economically. For the purposes of any computation made in accordance with the provisions of this section, the library funding obligation on the regular school board levies created by a Special Act shall be paid from that portion of the levies which exceeds the proportion determined to be local share. If the library funding obligation is greater than the amount available in excess of the county's local share, the obligation created by the Special Act is reduced to the amount which is available, not withstanding any provisions of the Special Act to the contrary.
(f) It is the intent of the Legislature that whenever a provision of subsection (e) of this section is contrary to any Special Act of the Legislature which has been or or may in the future be enacted by the Legislature that creates a library funding obligation on the regular school board levy of a county, subsection (e) of this section controls over the Special Act. Specifically, the Special Acts which are subject to subsection (e) of this section upon the enactment of this section during the two thousand seven regular session of the Legislature include:
(1) Enrolled Senate Bill No. 11, passed on the twelfth day of February, one thousand nine hundred seventy, applicable to the Berkeley County Board of Education;
(2) Enrolled House Bill No. 1352, passed on seventh day of April, one thousand nine hundred eighty-one, applicable to the Hardy County Board of Education;
(3) Enrolled Committee Substitute for House Bill No. 2833, passed on the fourteenth day of March, one thousand nine hundred eighty-seven, applicable to the Harrison County Board of Education;
(4) Enrolled House Bill No. 161, passed on the sixth day of March, one thousand nine hundred fifty-seven, applicable to the Kanawha County Board of Education;
(5) Enrolled Senate Bill No. 313, passed on the twelfth day of March, one thousand nine hundred thirty-seven, as amended by Enrolled House Bill No. 1074, passed on the eighth day of March, one thousand nine hundred sixty-seven, and as amended by Enrolled House Bill No. 1195, passed on the eighteenth day of January, one thousand nine hundred eighty-two, applicable to the Ohio County Board of Education;
(6) Enrolled House Bill No. 938, passed on the twenty-eighth day of February, one thousand nine hundred sixty-nine, applicable to the Raleigh County Board of Education;
(7) Enrolled House Bill No. 398, passed on the first day of March, one thousand nine hundred thirty-five, applicable to the Tyler County Board of Education;
(8) Enrolled Committee Substitute for Senate Bill No. 450, passed on the eleventh day of March, one thousand nine hundred ninety-four, applicable to the Upshur County Board of Education; and
(9) Enrolled House Bill No. 2994, passed on the thirteenth day of March, one thousand nine hundred eighty-seven, applicable to the Wood County Board of Education.
§18-9A-15. Allowance for increased enrollment; extraordinary sustained increased enrollment impact supplement.

(a) To provide for the support of increased net enrollments in the counties in a school year over the net enrollments used in the computation of total state aid for that year, there shall be appropriated for that purpose from the general revenue fund an amount to be determined in accordance with this section as follows:.
(b) On or before the first day of September, two thousand five, (1) The State Board shall promulgate a rule pursuant to article three-b, chapter twenty-nine-a of this code that establishes an objective method for projecting the increase in net enrollment for each school district. The State Superintendent shall use the method prescribed by the rule to project the increase in net enrollment for each school district.
(c) (2) The State Superintendent shall multiply the average total state aid per net pupil by the sum of the projected increases in net enrollment for all school districts and report this amount to the Governor for inclusion in his or her proposed budget to the Legislature. The Legislature shall appropriate to the West Virginia Department of Education the amount calculated by the State Superintendent and proposed by the Governor.
(d) (3) The State Superintendent shall calculate each school district's share of the appropriation by multiplying the projected increase in net enrollment for the school district by the average total state aid per net pupil and shall distribute sixty percent of each school district's share to the school district on or before the first day of September of each year. The State Superintendent shall make a second distribution of the remainder of the appropriation in accordance with subsection (e) subdivision (4) of this section.
(e) (4) After the first distribution pursuant to subsection (d) subdivision (3) of this section is made and after the actual increase in net enrollment is available, the State Superintendent shall compute the total actual amount to be allocated to each school district for the year. The total actual amount to be allocated to each school district for the year is the actual increase in the school district's net enrollment multiplied by the average total state aid per net pupil. The State Superintendent shall make the second distribution to each school district in an amount determined so that the total amount distributed to the district for the year, in both the first and second distributions, equals the actual increase in net enrollment multiplied by the average total state aid per net pupil. The State Superintendent shall make the second distribution on or before the thirty-first day of December of each year: Provided, That if the amount distributed to a school district during the first distribution is greater than the total amount to which a district is entitled to receive for the year, the district shall refund the difference to the Department of Education prior to the thirtieth day of June of the fiscal year in which the excess distribution is made.
(f) (5) If the amount of the appropriation for increased enrollment is not sufficient to provide payment in full for the total of these several allocations, each county allocation shall be reduced to an amount which is proportionate to the appropriation compared to the total of the several allocations and the allocations as thus adjusted shall be distributed to the counties as provided in this section: Provided, That the Governor shall request a supplemental appropriation at the next legislative session for the reduced amount.
(b) To help offset the budgetary impact of extraordinary and sustained increases in net enrollment in a county, there shall be included in the basic state aid of any county whose most recent three-year average growth in second month net enrollment is two percent or more, an amount equal to one fourth of the state average per pupil state aid multiplied by the increase in the county's second month net enrollment in the latest year.
(g) (c) No provision of this section shall be construed to in any way affect the allocation of moneys for educational purposes to a county under other provisions of law."
The bill was then ordered to third reading.
Delegate DeLong moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 357), 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: Hartman, Talbott and Ron Thompson.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 358), 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: Hartman, 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. 541) 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. 541 -"A Bill to amend and reenact §18-9A-2, §18-9A-11 and §18-9A-15 of the Code of West Virginia, 1931, as amended, all relating to modifying definition of levies for general current expense; making certain finding on support to public libraries; specifying portion of regular school board levies subject to obligation imposed by certain Special Acts; explicitly limiting certain Special Acts in certain circumstances; and providing added funding for counties with certain sustained extraordinary enrollment growth."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 550, Eliminating bond requirement for person authorized to perform marriages; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 559, Authorizing Insurance Commissioner propose rules related to military personnel insurance; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 568, Requiring automobile insurers reduce premium charges for persons fifty years of age or older; on second reading, coming up in regular order, was read a second time, and, at the request of Delegate DeLong, and by unanimous consent, the rule was suspended and the bill was advanced to third reading with an amendment pending.
S. B. 592, Making supplemental appropriation to Interoperable Radio Project; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 601, Revising provisions governing motor vehicle dealers' establishment or relocation; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page seven, section three, line ninety-nine, following the word "dealership" by changing the period to a colon and inserting the words:
"Provided, That a fifteen mile relevant market area as it existed prior to the effective date of this statute shall apply to any proposed new motor vehicle dealership as to which a manufacturer or distributor and the proposed new motor vehicle dealer have executed on or before the effective date of this statute a written agreement, including a letter of intent, performance agreement, or commitment letter, concerning the establishment of the proposed new motor vehicle dealership."
The bill was then ordered to third reading.
Com. Sub. for S. B. 606, Distributing application for absentee voting by electronic mail; on second reading, coming up in regular order, was read a second time
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page two, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
ARTICLE 3. VOTING BY ABSENTEES.
§3-3-5. Voting an absentee ballot by mail; penalties.

(a) Upon oral or written request, the official designated to supervise and conduct absentee voting shall provide to any voter of the county, in person, by mail, by electronic mail or by facsimile if the official has access to facsimile equipment, the appropriate application for voting absentee by mail as provided in this article. The voter shall complete and sign the application in his or her own handwriting or, if the voter is unable to complete the application because of illiteracy or physical disability, the person assisting the voter and witnessing the mark of the voter shall sign his or her name in the space provided.
(b) Completed applications for voting an absentee ballot by mail is to be accepted when received by the official designated to supervise and conduct absentee voting in person, by mail, by electronic mail or by facsimile if the official has access to facsimile equipment, within the following times:
(1) For persons eligible to vote an absentee ballot under the provisions of subdivision (3), subsection (b), section one of this article, relating to absent uniformed services and overseas voters, not earlier than the first day of January of an election year, or eighty-four days preceding the election, whichever is earlier, and not later than the sixth day preceding the election, which application is to, upon the voter's request, be accepted as an application for the ballots for all elections in the calendar year; and
(2) For all other persons eligible to vote an absentee ballot by mail, not earlier than eighty- four days preceding the election and not later than the sixth day preceding the election.
(c) Upon acceptance of a completed application, the official designated to supervise and conduct absentee voting shall determine whether the following requirements have been met:
(1) The application has been completed as required by law;
(2) The applicant is duly registered to vote in the precinct of his or her residence and, in a primary election, is qualified to vote the ballot of the political party requested;
(3) The applicant is authorized for the reasons given in the application to vote an absentee ballot by mail;
(4) The address to which the ballot is to be mailed is an address outside the county if the voter is applying to vote by mail under the provisions of paragraph (A) or (B), subdivision (2), subsection (b), section one of this article; or subdivision (3) or (4) of said subsection;
(5) The applicant is not making his or her first vote after having registered by postcard registration or, if the applicant is making his or her first vote after having registered by postcard registration, the applicant is exempt from these requirements; and
(6) No regular and repeated pattern of applications for an absentee ballot by mail for the reason of being out of the county during the entire period of voting in person exists to suggest that the applicant is no longer a resident of the county.
(d) If the official designated to supervise and conduct absentee voting determines that the required conditions have been met, two representatives that are registered to vote with different political party affiliations shall sign their names in the places indicated on the back of the official ballot. If the official designated to supervise and conduct absentee voting determines the required conditions have not been met, or has evidence that any of the information contained in the application is not true, the official shall give notice to the voter that the voter's absentee ballot will be challenged as provided in this article and shall enter that challenge.
(e) (1) Within one day after the official designated to supervise and conduct absentee voting has both the completed application and the ballot, the official shall mail to the voter at the address given on the application the following items as required and as prescribed by the Secretary of State:
(1) (A) One of each type of official absentee ballot the voter is eligible to vote, prepared according to law;
(2) (B) One envelope, unsealed, which may have no marks except the designation 'Absent Voter's Ballot Envelope No. 1' and printed instructions to the voter;
(3) (C) One postage paid envelope, unsealed, designated 'Absent Voter's Ballot Envelope No. 2';
(4) (D) Instructions for voting absentee by mail;
(5) (E) For electronic systems, one punching tool for perforating or a device for marking by electronically sensible pen or ink, as may be appropriate;
(6) If a punching tool is to be utilized, one disposable styrofoam block to be placed behind the ballot card for voting purposes and to be discarded after use by the voter; and
(F) Notice that a list of write-in candidates is available upon request; and
(7) (G) Any other supplies required for voting in the particular voting system.
(2) If the voter is an absent uniformed services voter or overseas voter, as defined by 42 U. S. C. §1973, et seq., the official designated to supervise and conduct absentee voting may voluntarily upon request of the voter transmit the ballot to the voter via facsimile. If the ballot is transmitted by facsimile pursuant to this subdivision, the official designated to supervise and conduct absentee voting shall also transmit via facsimile:
(A) A waiver of privacy form, to be promulgated by the Secretary of State;
(B) Instructions for voting absentee utilizing the Federal Voting Assistance Program Electronic Transmission System. For the purposes of this subsection, the 'Federal Voting Assistance Program Electronic Transmission System' is the system established by the Department of Defense for the explicit purpose of sending and receiving absentee ballots by military and overseas United States citizens;
(C) Notice that a list of write-in candidates is available upon request.
The official designated to supervise and conduct absentee voting is not required to mail to the voter the materials listed in paragraphs (B), (C) and (E), subdivision (1) of this subsection.

(f) The voter shall mark the ballot alone: Provided, That the voter may have assistance in voting according to the provisions of section six of this article.
(1) After the voter has voted the ballot or ballots to be returned by mail, the voter shall:
(1) (A) Place the ballot or ballots in envelope no. 1 and seal that envelope;
(2) (B) place the sealed envelope no. 1 in envelope no. 2 and seal that envelope;
(3) (C) complete and sign the forms on envelope no. 2; and
(4) (D) return that envelope to the official designated to supervise and conduct absentee voting.
(2) If the ballot was transmitted via facsimile as provided in subdivision (2), subsection (e) of this section, the voter shall return the ballot via facsimile to the designated facsimile number of the Federal Voting Assistance Program Electronic Transmission System, along with a signed privacy waiver form.
(g) Except as provided in subsection (h) of this section, absentee ballots returned by United States mail or other express shipping service are to be accepted if:
(1) The ballot is received by the official designated to supervise and conduct absentee voting no later than the day after the election; or
(2) The ballot bears a postmark of the United States Postal Service dated no later than election day and the ballot is received by the official designated to supervise and conduct absentee voting no later than the hour at which the board of canvassers convenes to begin the canvass.
(h) Absentee ballots received through the United States mail from persons eligible to vote an absentee ballot under the provisions of subdivision (3), subsection (b), section one of this article, relating to uniform services and overseas voters, are to be accepted if the ballot is received by the official designated to supervise and conduct absentee voting no later than the hour at which the board of canvassers convenes to begin the canvass.
(i) Ballots transmitted via facsimile pursuant to subdivision (2), subsection (f) of this section are to be accepted if the ballot is received by the official designated to supervise and conduct absentee voting no later than the close of polls on election day. Provided, The Secretary of State's Office shall enter into an agreement with the Federal Voting Assistance Program of the United States Department of Defense to transmit the ballots to the county clerks at a time when two individuals of opposite political parties are available to process the received ballots.
(i) (j) Ballots received after the proper time which cannot be accepted are to be placed unopened in an envelope marked for the purpose and kept secure for twenty-two months following the election, after which time they are to be destroyed without being opened.
(j) (k) Absentee ballots which are hand delivered are to be accepted if they are received by the official designated to supervise and conduct absentee voting no later than the day preceding the election: Provided, That no person may hand deliver more than two absentee ballots in any election, and any person hand delivering an absentee ballot is required to certify that he or she has not examined or altered the ballot. Any person who makes a false certification violates the provisions of article nine of this chapter and is subject to those provisions.
(k) (l) Upon receipt of the sealed envelope, the official designated to supervise and conduct absentee voting shall:
(1) Enter onto the envelope any other required information; (2) Enter the challenge, if any, to the ballot;

(3) Enter the required information into the permanent record of persons applying for and voting an absentee ballot in person; and
(4) Place the sealed envelope into a ballot box that is secured by two locks with a key to one lock kept by the president of the county commission and a key to the other lock kept by the county clerk.
(m) Upon receipt of a ballot submitted via facsimile pursuant to subdivision (2), subsection (f) of this section, the official designated to supervise and conduct absentee voting shall place the ballot in an envelope marked 'Absentee by Facsimile' with the completed waiver. Provided, No ballots are to be processed without the presence of two individuals of opposite political parties.
(n) All ballots received by facsimile prior to the close of the polls on election day are to be tabulated in the manner prescribed for tabulating absentee ballots submitted by mail to the extent that those procedures are appropriate for the applicable voting system. The clerk of the county commission shall keep a record of absentee ballots sent and received by facsimile.
"
The bill was then ordered to third reading.
S. B. 611, Relating to Division of Natural Resources' long-term contracts with third parties; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 616, Relating to election ballots; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page two, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.
§3-1-20. Cards of instructions to voters; sample ballots; posting.
(a) The board of ballot commissioners of each county shall provide cards of general information which will provide include:
(1) The date of the election and the hours during which polling places will be open;
(2) Instruction for mail-in registrants and first-time voters; and
(3) Voters' rights; and
(4) Prohibitions against fraud and misrepresentation. and
The board of ballot commissioners shall also provide cards of instruction for voters in preparing their ballots and casting a provisional ballot as prescribed by the Secretary of State. They The board of ballot commissioners shall furnish a sufficient number of cards to the commissioners of election at the same time they deliver the ballots for the precinct.
(b) The commissioners of election shall post one instruction card in each voting booth giving instructions to the voters on how to prepare the ballots for deposit in the ballot boxes and how to obtain a new ballot in place of one accidentally spoiled.
(c) The commissioners of election shall post one or more other cards of general information at places inside and outside of the voting place where voters pass or wait to vote. The commissioners shall also post the official write-in candidates in the same locations inside and outside of the voting place.
(d) The ballot commissioners shall have printed, on a different color paper than the official ballot, ten two or more copies of sample ballots for each voting place for each election. Sample ballots shall be furnished and posted with the cards of general information at each voting place.
(e) During the period of early in-person voting, the clerk of the county commission shall post the cards of general information, a list of official write-in candidates and sample ballots within the area where absentee voting is conducted.
§3-1-21. Printing of official and sample ballots; number; packaging and delivery; correction of ballots.

(a) The board of ballot commissioners for each county shall provide the ballots and sample ballots necessary for conducting every election for public officers in which the voters of the county participate.
(b) The persons required to provide the ballots necessary for conducting all other elections are:
(1) The Secretary of State, for any statewide special election ordered by the Legislature;
(2) The board of ballot commissioners, for any countywide special election ordered by the county commission;
(3) The Board of Education, for any special levy or bond election ordered by the Board of Education; or
(4) The municipal board of ballot commissioners, for any election conducted for or within a municipality except an election in which the matter affecting the municipality is placed on the county ballot at a county election. Ballots other than those printed by the proper authorities as specified in this section shall may not be cast, received or counted in any election.
(c) When paper ballots are used, the total number of regular official ballots printed shall equal one and one-twentieth times the number of registered voters eligible to vote that ballot. When paper ballots are used in conjunction with or as part of an electronic voting system, the total number of regular official ballots printed shall equal at a minimum eighty percent of the number of registered voters eligible to vote that ballot. The clerk of the county commission shall determine the number of absentee official ballots.
(d) The number of regular official ballots packaged for each precinct shall equal at a minimum seventy-five percent of the number of registered voters of the precinct. The remaining regular official ballots shall be packaged and delivered to the clerk of the county commission, who shall retain them unopened until they are required for an emergency. Each package of ballots shall be wrapped and sealed in a manner which will immediately make apparent any attempt to open, alter or tamper with the ballots. Each package of ballots for a precinct shall be clearly labeled, in a manner which cannot be altered, with the county name, the precinct number and the number of ballots contained in each package. If the packaging material conceals the face of the ballot, a sample ballot identical to the official ballots contained therein shall be securely attached to the outside of the package or, in the case of ballot cards, the type of ballot shall be included in the label.
(e) All absentee ballots necessary for conducting absentee voting in all voting systems shall be delivered to the clerk of the county commission of the appropriate county not later than the forty-second day before the election. All official ballots in paper ballot systems shall be delivered to the clerk of the county commission of the appropriate county not later than twenty-eight days before the election.
(f) Upon a finding of the board of ballot commissioners that an official ballot contains an error which, in the opinion of the board, is of sufficient magnitude as to confuse or mislead the voters, the board shall cause the error to be corrected either by the reprinting of the ballots or by the use of stickers printed with the correction and of suitable size to be placed over the error without covering any other portion of the ballot.
§3-1-41. Challenged and provisional voter procedures; counting of provisional voters' ballots; ballots of election officials.

(a) It shall be is the duty of the members of the receiving board, jointly or severally, to challenge the right of any person requesting a ballot to vote in any election:
(1) If the person's registration record is not available at the time of the election; or
(2) If the signature written by the person in the poll book does not correspond with the signature purported to be his or hers on the registration record,;
(3) If the registration record of the person indicates any other legal disqualification; or
(4) If any other valid challenge exists against the voter pursuant to section ten, article three of this chapter.
(b) Any person challenged shall nevertheless be permitted to vote in the election. He or she shall be furnished an official ballot not endorsed by the poll clerks. In lieu of the endorsements, the poll clerks shall complete and sign an appropriate form indicating the challenge, the reason thereof and the name or names of the challengers. The form shall be securely attached to the voter's ballot and deposited together with the ballot in a separate box or envelope marked 'provisional ballots'.
(c) At the time that an individual casts a provisional ballot, the poll clerk shall give the individual written information stating that an individual who casts a provisional ballot will be able to ascertain under the free access system established in this section whether the vote was counted and, if the vote was not counted, the reason that the vote was not counted.
(d) Provisional ballot ballots shall may not be counted by the election officials. The county commission shall, on its own motion, at the time of canvassing of the election returns, sit in session to determine the validity of any challenges according to the provisions of this chapter. If the county commission determines that the challenges are unfounded, each provisional ballot of each challenged voter, if otherwise valid, shall be counted and tallied together with the regular ballots cast in the election. The county commission, as the board of canvassers, shall protect the privacy of each provisional ballot cast. The county commission shall disregard technical errors, omissions or oversights if it can reasonably be ascertained that the challenged voter was entitled to vote.
(e) Any person duly appointed as an election commissioner or clerk under the provisions of section twenty-eight of this article who serves in that capacity in a precinct other than the precinct in which the person is legally entitled to vote may cast a provisional ballot in the precinct in which the person is serving as a commissioner or clerk. The ballot shall is not be invalid for the sole reason of having been cast in a precinct other than the precinct in which the person is legally entitled to vote. The county commission shall record the provisional ballot on the voter's permanent registration record: Provided, That the county commission may only count only the votes for the offices that the voter was legally authorized to vote for in his or her own precinct.
(f) The Secretary of State shall establish a free access system, such as which may include a toll-free telephone number or an internet website, that may be accessed by any individual who casts a provisional ballot to discover whether the his or her vote of that individual was counted and, if not, the reason that the vote was not counted.
ARTICLE 4A. ELECTRONIC VOTING SYSTEMS.
§3-4A-11a. Ballots tabulated electronically; arrangement, quantity to be printed, ballot stub numbers.

(a) The board of ballot commissioners in counties using ballots upon which votes may be recorded by means of marking with electronically sensible ink or pencil and which marks are tabulated electronically shall cause the ballots to be printed or displayed upon the screens of the electronic voting system for use in elections.
(b) (1) For the primary election, the heading of the ballot, the type faces, the names and arrangement of offices, in columns, the spaces for marking votes, and the printing of offices, instructions and candidates names and arrangement of candidates within each office are to conform as nearly as possible to that prescribed in this chapter for paper ballots, except that the Secretary of State may prescribe necessary modifications to accommodate the tabulating system the provisions of sections thirteen and thirteen-a, article five of this chapter.
(2) For the general election, the heading of the ballot, the straight ticket positions, the instructions to straight ticket voters, the type faces, the names and arrangement of offices and the printing of names and the arrangement of candidates within each office are to conform as nearly as possible to the provisions of section two, article six of this chapter, except as otherwise provided in this article.
(3) Nonpartisan elections for board of education and any question to be voted upon are to be separated from the partisan ballot and separately headed in display type with a title clearly identifying the purpose of the election and constituting a separate ballot wherever a separate ballot is required under the provisions of this chapter.
(2) (4) Both the face and the reverse side of the ballot may contain the names of candidates only if means to ensure the secrecy of the ballot are provided and lines for the signatures of the poll clerks on the ballot are printed on a portion of the ballot which is deposited in the ballot box and upon which marks do not interfere with the proper tabulation of the votes.
(3) (5) The arrangement of candidates within each office is to be determined in the same manner as for other electronic voting systems, as prescribed in this chapter. On the general election ballot for all offices, and on the primary election ballot only for those offices to be filled by election, except delegate to national convention, lines for entering write-in votes are to be provided below the names of candidates for each office, and the number of lines provided for any office shall equal the number of persons to be elected, or three, whichever is fewer. The words or 'WRITE-IN, IF ANY' are to be printed, where applicable, directly under each line for write-ins. The lines are to be opposite a position to mark the vote.
(c) Except for electronic voting systems that utilize screens upon which votes may be recorded by means of a stylus or by means of touch, the primary election ballots are to be printed in the color of ink specified by the Secretary of State for the various political parties, and the general election ballot is to be printed in black ink. For electronic voting systems that utilize screens upon which votes may be recorded by means of a stylus or by means of touch, the primary ballots and the general election ballot are to be printed in black ink. All ballots are to be printed, where applicable, on white paper suitable for automatic tabulation and are to contain a perforated stub at the top or bottom of the ballot, which is to be numbered sequentially in the same manner as provided in section thirteen, this article for ballots upon which votes are recorded by means of perforating five of this chapter, or is are to be displayed on the screens of the electronic voting system upon which votes are recorded by means of a stylus or touch. The number of ballots printed and the packaging of ballots for the precincts are to conform to the requirements for paper ballots as provided in this chapter.
(d) In addition to the official ballots, the ballot commissioners shall provide all other materials and equipment necessary to the proper conduct of the election.
§3-4A-15. Instructions and help to voters; vote-recording device models; facsimile diagrams; sample ballots; legal ballot advertisements.

(a) For the instruction of the voters on any election day in counties utilizing an electronic voting system where votes are to be recorded by means of perforating, there is to be provided for each polling place one instruction model for each vote recording device: Provided, That for electronic voting systems that utilize uses a screen upon which votes may be recorded by means of a stylus or by means of touch, there is to be provided the ballot commissioners shall provide for each polling place a sample ballot with each screen as they shall it will appear on the devices, together with written instructions regarding the operation of the devices. Each instruction model is to be constructed so as to provide a replica of a vote recording device, and is to contain the arrangement of the ballot labels, party columns or rows, office columns or rows, and questions. Fictitious names are to be inserted in the ballot labels of the models. The models are to be located on the election officers' tables or in some other place in which the voter must pass to reach the vote recording device. Upon request, the election officers shall offer instruction to each voter, before voting, in the operation of the vote-recording device. by use of the instruction model, and shall give ample opportunity to operate the model himself or herself
(b) The ballot commissioners shall also provide facsimile ballots, or ballot labels, as may be appropriate at least two of which, or complete sets of which, are to be posted on the walls of each polling place. The facsimile diagrams are exact diagrams of the ballots or ballot labels or paper ballots or screens to the end so that the voter may become familiar with the location of the parties, offices, candidates and questions as they appear on the ballot to be used in his or her precinct.
(c) The ballot commissioners may, with the consent of the county commission, or the county commission may, prepare and mail to each qualified voter at the address shown on the registration books a facsimile sample of the ballot or ballot labels or screens for his or her precinct.
(d) In counties where an electronic voting system has been adopted, the legal ballot advertisements required by articles five and six of this chapter, which specify the publication of a facsimile sample ballot, are to consist of a facsimile of the ballot or ballot labels or screens with the names of the candidates and the offices for which they are running shown in their proper positions.
ARTICLE 5. PRIMARY ELECTIONS AND NOMINATING PROCEDURES.
§3-5-7. Filing announcements of candidacies; requirements; withdrawal of candidates when section applicable.

(a) Any person who is eligible and seeks to hold an office or political party position to be filled by election in any primary or general election held under the provisions of this chapter shall file a certificate of announcement declaring as a candidate for the nomination or election to the office.
(a) (b) The certificate of announcement shall be filed as follows:
(1) With the Secretary of State, if it be an office or political position to be filled by the voters of more than one county;
(2) With the clerk of the county commission, if it be for an office to be filled by the voters of a single county or of a subdivision less than a county;
(3) With the recorder or city clerk if it be for an office to be filled by the voters of a municipality.
(c) The certificate of announcement shall be filed with the proper officer not earlier than the second Monday in January next preceding the primary election day, and not later than the last Saturday in January next preceding the primary election day, and must be received before midnight, eastern standard time, of that day or, if mailed, shall be postmarked by the United States Postal Service before that hour.
(b) (d) The certificate of announcement shall be in on a form prescribed by the Secretary of State on which the candidate shall make a sworn statement before a notary public or other officer authorized to give oaths, containing the following information:
(1) The date of the election in which the candidate seeks to appear on the ballot;
(2) The name of the office sought; the district, if any; and the division, if any;
(3) The legal name of the candidate, and the exact name the candidate desires to appear on the ballot, subject to limitations prescribed in section thirteen, article five of this chapter;
(4) The county of residence and a statement that the candidate is a legally qualified voter of that county; and the magisterial district of residence for candidates elected from magisterial districts or under magisterial district limitations;
(5) The specific address designating the location at which the candidate resides at the time of filing, including number and street or rural route and box number, and city, state and zip code;
(6) For partisan elections, the name of the candidate's political party and a statement that the candidate: (A) Is a member of and affiliated with that political party as is evidenced by the candidate's current registration as a voter affiliated with that party; and that the candidate (B) has not been registered as a voter affiliated with any other political party for a period of sixty days before the date of filing the announcement;
(7) For candidates for delegate to national convention, the name of the presidential candidate to be listed on the ballot as the preference of the candidate on the first convention ballot; or, a statement that the candidate prefers to remain 'uncommitted';
(8) A statement that the person filing the certificate of announcement is a candidate for the office in good faith;
(9) The words 'subscribed and sworn to before me this ______ day of _____________, 20____' and a space for the signature of the officer giving the oath.
(e) The Secretary of State or the board of ballot commissioners, as the case may be, may refuse to certify the candidacy or may remove the certification of the candidacy upon receipt of a certified copy of the voter's registration record of the candidate evidencing showing that the candidate was registered as a voter in a party other than the one named in the certificate of announcement during the sixty days immediately preceding the filing of the certificate: Provided, That unless a signed formal complaint of violation of this section and the certified copy of the voter's registration record of the candidate be are filed with the officer receiving that candidate's certificate of announcement no later than ten days following the close of the filing period, the candidate shall not be refused certification for this reason.
(c) (f) The certificate of announcement shall be subscribed and sworn to by the candidate before some officer qualified to administer oaths, who shall certify the same. Any person who knowingly provides false information on the certificate is guilty of false swearing and shall be punished as set forth in accordance with section three, article nine of this chapter.
(d) (g) Any candidate for delegate to a national convention may change his or her statement of presidential preference by notifying the Secretary of State by letter received by the Secretary of State no later than the third Tuesday following the close of candidate filing. When the rules of the political party allow each presidential candidate to approve or reject candidates for delegate to convention who may appear on the ballot as committed to that presidential candidate, the presidential candidate or the candidate's committee on his or her behalf may file a list of approved or rejected candidates for delegate, and the Secretary of State shall list as 'uncommitted' any candidate for delegate who is disapproved by the presidential candidate.
(e) (h) No person shall be a candidate for more than one office or office division at any election: Provided, That a candidate for an office may also be a candidate for president of the United States, for membership on a political party executive committee committees or for delegate to a political party national convention. Notwithstanding the provisions of this section, nothing shall prohibit a candidate from jointly running for or holding the offices of county clerk and circuit clerk in those counties which operate a joint clerkship system.
(f) (i) Any candidate who files a certificate of announcement for more than one office or division and does not withdraw, as provided by section eleven, article five of this chapter, from all but one office prior to the close of the filing period shall not be certified by the Secretary of State or placed on the ballot for any office by the board of ballot commissioners.
(j) The provisions of this section enacted during the regular session of the Legislature in the year one thousand nine hundred ninety-one shall apply to the primary election held in the year one thousand nine hundred ninety-two and every primary election held thereafter. The provisions of this section enacted during the regular session of the Legislature in the year one thousand nine hundred ninety-eight shall apply to the primary election held in the year two thousand and every primary election held thereafter.
§3-5-10. Publication of sample ballots and lists of candidates.

(a) The ballot commissioners of each county shall prepare a sample official primary ballot for each party and, as the case may be, for the nonpartisan candidates to be voted for at the primary election, according to the provisions of this article and articles four and four-a of this chapter, as appropriate to the voting system. If any ballot issue is to be voted on in the primary election, the ballot commissioners shall likewise prepare a sample official ballot for that issue according to the provisions of law authorizing the election.
(b) The facsimile sample ballot for each political party and for nonpartisan candidates or ballot issues shall be published as follows:
(1) For counties in which two or more qualified newspapers publish a daily newspaper, not more than twenty-six nor less than twenty days preceding the primary election, the ballot commissioners shall publish each sample official primary election ballot as a Class I-0 legal advertisement in the two qualified daily newspapers of different political parties within the county having the largest circulation in compliance with the provisions of article three, chapter fifty-nine of this code;
(2) For counties having no more than one daily newspaper, or having only one or more qualified newspapers which publish weekly, not more than twenty-six nor less than twenty days preceding the primary election, the ballot commissioners shall publish the sample official primary election ballot as a Class I legal advertisement in the qualified newspaper within the county having the largest circulation in compliance with the provisions of article three, chapter fifty-nine of this code; and
(3) Each facsimile sample ballot shall be a photographic reproduction of the official sample ballot or ballot pages and shall be printed in a size no less than eighty sixty-five percent of the actual size of the ballot, at the discretion of the ballot commissioners: Provided, That when the ballots for the precincts within the county contain different senatorial, delegate, magisterial or executive committee districts or when the ballots for precincts within a city contain different municipal wards, the facsimile shall be altered to include each of the various districts in the appropriate order. If, in order to accommodate the size of each ballot, the ballot or ballot pages must be divided onto more than one page, the arrangement and order shall be made to conform as nearly as possible to the arrangement of the ballot. The publisher of the newspaper shall submit a proof of the ballot and the arrangement to the ballot commissioners for approval prior to publication.
(c) The ballot commissioners of each county shall prepare, in the form and manner prescribed by the Secretary of State, an official list of offices and candidates for each office which will appear on the primary election ballot for each party and, as the case may be, for the nonpartisan candidates to be voted for at the primary election. All information which appears on the ballot, including instructions as to the number of candidates for whom votes may be cast for the office, any additional language which will appear on the ballot below the name of the office, any identifying information relating to the candidates, such as his or her residence and magisterial district or presidential preference, and the ballot numbers of the candidates for punch card systems shall be included in the list in the same order in which it appears on the ballot. Following the names of all candidates, the list shall include the full title, text and voting positions of any issue to appear on the ballot.
(d) The official list of candidates and issues as provided in subsection (c) of this section shall be published as follows:
(1) For counties in which two or more qualified newspapers publish a daily newspaper, on the last day on which a newspaper is published immediately preceding the primary election, the ballot commissioners shall publish the official list of candidates and issues as a Class I-0 legal advertisement in the two qualified daily newspapers of different political parties within the county having the largest circulation in compliance with the provisions of article three, chapter fifty-nine of this code;
(2) For counties having no more than one daily newspaper, or having only one or more qualified newspapers which publish weekly, on the last day on which a newspaper is published immediately preceding the primary election, the ballot commissioners shall publish the sample official list of nominees and issues as a Class I legal advertisement in the qualified newspaper within the county having the largest circulation in compliance with the provisions of article three, chapter fifty-nine of this code;
(3) The publication of the official list of candidates for each party and for nonpartisan candidates shall be in single or double columns, as required to accommodate the type size requirements as follows: (A) The words 'official list of candidates', the name of the county, the words 'primary election', the date of the election, the name of the political party or the designation of nonpartisan candidates shall be printed in all capital letters and in bold type no smaller than fourteen point. The designation of the national, state, district or other tickets shall be printed in all capital letters in type no smaller than fourteen point; (B) the title of the office shall be printed in bold type no smaller than twelve point and any voting instructions or other language printed below the title shall be printed in bold type no smaller than ten point; and (C) the names of the candidates shall be printed in all capital letters in bold type no smaller than ten point and the residence information shall be printed in type no smaller than ten point; and
(4) When any ballot issue is to appear on the ballot, the title of that ballot shall be printed in all capital letters in bold type no smaller than fourteen point. The text of the ballot issue shall appear in no smaller than ten eight point type. The ballot commissioners may require the publication of the ballot issue under this subsection in the facsimile sample ballot format in lieu of the alternate format.
(e) Notwithstanding the provisions of subsections (c) and (d) of this section, beginning with the primary election to be held in the year two thousand, the ballot commissioners of any county may choose to publish a facsimile sample ballot for each political party and for nonpartisan candidates or ballot issues instead of the official list of offices and candidates for each office for purposes of the last publication required before any primary election.
§3-5-13. Form and contents of ballots.
The face of every primary election ballot shall conform as nearly as practicable to that used at the general election.
(a) (1) The heading of every ballot is to be printed in display type. The heading is to contain a ballot title, the name of the county, the state, the words 'Primary Election' and the month, day and year of the election. The ballot title of the political party ballots is to contain the words 'Official Ballot of the (Name) Party' and the official symbol of the political party may be included in the heading. The ballot title of any separate paper ballot or portion of any electronic or voting machine ballot for the Board of Education is to contain the words 'Nonpartisan Ballot of Election of Members of the ______________ County Board of Education'. The districts for which less than two candidates may be elected and the number of available seats are to be specified and the names of the candidates are to be printed without reference to political party affiliation and without designation as to a particular term of office. Any other ballot or portion of a ballot on a question is to have a heading which clearly states the purpose of the election according to the statutory requirements for that question.
(b)(1) (2) (A) For paper ballots, the heading of the ballot is to be separated from the rest of the ballot by heavy lines and the offices shall be arranged in columns with the following headings, from left to right across the ballot: 'National Ticket', 'State Ticket', 'County Ticket' and, in a presidential election year, 'National Convention' or, in a nonpresidential election year, 'District Ticket'. The columns are to be separated by heavy lines. Within the columns, the offices are to be arranged in the order prescribed in section thirteen-a of this article.
(2) (B) For voting machines, electronic voting devices and any ballot tabulated by electronic means, the offices are to appear in the same sequence as prescribed in section thirteen-a of this article and under the same headings as prescribed in subsection (a) of this section. The number of pages, columns or rows, where applicable, may be modified to meet the limitations of ballot size and composition requirements subject to approval by the Secretary of State.
(3) (C) The title of each office is to be separated from preceding offices or candidates by a line and is to be printed in bold type no smaller than eight point. Below the office is to be printed the number of the district, if any, the number of the division, if any, and the words 'Vote for ________' with the number to be nominated or elected or 'Vote For Not More Than ________' in multicandidate elections. For offices in which there are limitations relating to the number of candidates which may be nominated, elected or appointed to or hold office at one time from a political subdivision within the district or county in which they are elected, there is to be a clear explanation of the limitation, as prescribed by the Secretary of State, printed in bold type immediately preceding the names of the candidates for those offices on the ballot in every voting system. For counties in which the number of county commissioners exceeds three and the total number of members of the county commission is equal to the number of magisterial districts within the county, the office of county commission is to be listed separately for each district to be filled with the name of the magisterial district and the words 'Vote for One' printed below the name of the office: Provided, That the office title and applicable instructions may span the width of the ballot so as it is centered among the respective columns.
(c) (D) The location for indicating the voter's choices on the ballot is to be clearly shown. For paper ballots, other than those tabulated electronically, the official primary ballot is to contain a square formed in dark lines at the left of each name on the ballot, arranged in a perpendicular column of squares before each column of names.
(d)(1) (3) (A) The name of every candidate certified by the Secretary of State or the board of ballot commissioners is to be printed in capital letters in no smaller than eight-point type on the ballot for the appropriate precincts. Subject to the rules promulgated by the Secretary of State, the name of each candidate is to appear in the form set out by the candidate on the certificate of announcement, but in no case may the name misrepresent the identity of the candidate nor may the name include any title, position, rank, degree or nickname implying or inferring any status as a member of a class or group or affiliation with any system of belief.
(2) (B) The city of residence of every candidate, the state of residence of every candidate residing outside the state, the county of residence of every candidate for an office on the ballot in more than one county and the magisterial district of residence of every candidate for an office subject to magisterial district limitations are to be printed in lower case letters beneath the names of the candidates.
(3) (C) The arrangement of names within each office must be determined as prescribed in section thirteen-a of this article.
(4) (D) If the number of candidates for an office exceeds the space available on a column or ballot label page and requires that candidates for a single office be separated, to the extent possible, the number of candidates for the office on separate columns or pages are to be nearly equal and clear instructions given the voter that the candidates for the office are continued on the following column or page.
(e) (4) When an insufficient number of candidates has filed for a party to make the number of nominations allowed for the office or for the voters to elect sufficient members to the Board of Education or to executive committees, the vacant positions on the ballot shall be filled with the words 'No Candidate Filed': Provided, That in paper ballot systems which allow for write-ins to be made directly on the ballot, a blank line shall be placed in any vacant position in the office of board of education or for election to any party executive committee. A line shall separate each candidate from every other candidate for the same office. Notwithstanding any other provision of this code, if there are multiple vacant positions on a ballot for one office, the multiple vacant positions which would otherwise be filled with the words 'No Candidate Filed' may be replaced with a brief detailed description, approved by the Secretary of State, indicating that there are no candidates listed for the vacant positions.
(f) (5) In presidential election years, the words 'For election in accordance with the plan adopted by the party and filed with the Secretary of State' is to be printed following the names of all candidates for delegate to national convention.
(g) (6) All paper ballots are to be printed in black ink on paper sufficiently thick so that the printing or marking cannot be discernible from the back. Ballot cards and paper for printing ballots using electronically sensible ink are to meet minimum requirements of the tabulating systems and are to conform in size and weight to ensure ease in tabulation.
(h) (7) Ballots and ballot cards are to contain perforated tabs at the top of the ballots and are to be printed with unique sequential numbers from one to the highest number representing the total number of ballots or ballot cards printed. On paper ballots, the ballot is to be bordered by a solid line at least one sixteenth of an inch wide and the ballot is to be trimmed to within one-half inch of that border.
(i) (8) On the back of every official ballot or ballot card the words 'Official Ballot' with the name of the county and the date of the election are to be printed. Beneath the date of the election there are to be two blank lines followed by the words 'Poll Clerks.'
(j) (9) The face of sample paper ballots and sample ballot labels are to be like other official ballots or ballot labels except that the word 'sample' is to be prominently printed across the front of the ballot in a manner that ensures the names of candidates are not obscured and the word 'sample' may be printed in red ink. No printing may be placed on the back of the sample.
§3-5-19. Vacancies in nominations; how filled; fees.
(a) If any vacancy shall occur in the party nomination of candidates for office nominated at the primary election or by appointment under the provisions of section eleven of this article, the vacancies may be filled, subject to the following requirements and limitations:
(1) Each appointment made under this section shall be made by the executive committee of the political party for the political division in which the vacancy occurs: Provided, That if the executive committee holds a duly called meeting in accordance with section nine, article one of this chapter but fails to make an appointment or fails to certify the appointment of the candidate to the proper filing officer within the time required, the chairperson of the executive committee may make the appointment not later than two days following the deadline for the executive committee.
(2) Each appointment made under this section is complete only upon the receipt by the proper filing officer of the certificate of appointment by the executive committee, or its chairperson, as the case may be, the certificate of announcement of the candidate as prescribed in section seven of this article and, except for appointments made under subdivision (4), (5), (6) or (7) of this subsection, the filing fee or waiver of fee as prescribed in section eight or eight-a of this article. The proper filing officer is the officer with whom the original certificate of nomination is regularly filed for that office.
(3) If a vacancy in nomination is caused by the failure of a candidate to file for an office, or by withdrawal of a candidate no later than the third Tuesday following the close of candidate filing pursuant to the provisions of section eleven of this article, a nominee may be appointed by the executive committee and certified to the proper filing officer no later than the Thursday preceding the primary election.
(4) If a vacancy in nomination is caused by the disqualification of a candidate and the vacancy occurs not later than eighty-four days before the general election, a nominee may be appointed by the executive committee and certified to the proper filing officer not later than seventy-eight days before the general election. A candidate may be determined ineligible if a written request is made by an individual with information to show a candidate's ineligibility to the State Election Commission no later than ninety-five eighty-four days before the general election explaining grounds why a candidate is not eligible to be placed on the general election ballot or not eligible to hold the office, if elected. The State Election Commission shall review the reasons for the request. If the commission finds the circumstances warrant the disqualification of the candidate, the commission may authorize appointment by the executive committee to fill the vacancy. Upon receipt of the authorization a nominee may be appointed by the executive committee and certified to the proper filing officer no later than seventy-eight days before the general election.
(5) If a vacancy in nomination is caused by the incapacity of the candidate and if the vacancy occurs not later than eighty-four days before the general election, a nominee may be appointed by the executive committee and certified to the proper filing officer no later than seventy-eight days before the general election.
(6) If a vacancy in nomination is caused by the withdrawal of the candidate no later than ninety-eight eighty-four days before the general election due to extenuating personal circumstances which will prevent the candidate from serving in the office if elected and if the candidate or the chairperson of the executive committee for the political division applies in writing to the State Election Commission no later than ninety-five eighty-four days before the general election for permission to remove the candidate's name from the general election ballot, the State Election Commission shall review the reasons for the request. If the commission finds the circumstances warrant the withdrawal of the candidate, the commission shall authorize appointment by the executive committee to fill the vacancy. Upon receipt of the authorization, a nominee may be appointed by the executive committee and certified to the proper filing officer no later than seventy-eight days before the general election.
(7) If a vacancy in nomination is caused by the death of the candidate occurring no later than twenty-five days before the general election, a nominee may be appointed by the executive committee and certified to the proper filing officer no later than twenty-one days following the date of death or no later than twenty-two days before the general election, whichever date occurs first.
(b) Except as otherwise provided in article ten of this chapter, if any vacancy occurs in a partisan office or position other than political party executive committee, which creates an unexpired term for a position which would not otherwise appear on the ballot in the general election, and the vacancy occurs after the close of candidate filing for the primary election but not later than eighty-four days before the general election, a nominee of each political party may be appointed by the executive committee and certified to the proper filing officer no later than seventy-eight days before the general election. Appointments shall be filed in the same manner as provided in subsection (a) of this section, except that the filing fee shall be paid before the appointment is complete.
(c) When a vacancy occurs in the Board of Education after the close of candidate filing for the primary election but not later than eighty-four days before the general election, a special candidate filing period shall be established. Candidates seeking election to any unexpired term for board of education shall file a certificate of announcement and pay the filing fee to the clerk of the county commission no earlier than the first Monday in August and no later than seventy-seven days before the general election.
ARTICLE 6. CONDUCT AND ADMINISTRATION OF ELECTIONS.
§3-6-2. Preparation and form of general election ballots.

(a) All ballots prepared under the provisions of this section are to contain:
(1) The name and ticket of each party which is a political party under the provisions of section eight, article one of this chapter;
(2) The name chosen as the party name by each group of citizens which has secured nomination for two or more candidates by petition under the provisions of section twenty-three of this article;
(3) The names of every candidate for any office to be voted for at the election whose nomination in the primary election, nomination by petition or nomination by appointment to fill a vacancy on the ballot has been certified and filed according to law and no others.
(b) The provisions of subdivision (3)paragraphs (C) and (D), subsection (b)subdivision (2), section thirteen, article five of this chapter; subsection (c)subdivision (3) of said section; subdivisions (1) and (2) paragraphs (A) and (B), subsection (d) subdivision (4) of said section; and subsections (g), (h), (i), (j) and (k) subdivisions (6), (7), (8), and (9) of said section pertaining to the preparation and form of primary election ballots shall likewise apply to general election ballots.
(c) (1) For all ballot systems, the ballot heading is to be in display type and contain the words 'Official Ballot, General Election' and the name of the county and the month, day and year of the election.
(2) After the heading, each ballot is to contain, laid out in parallel columns, rows or pages as required by the particular voting system, the party emblem, the position for straight party voting for each party and the name of each party as prescribed in subsection (a) of this section. On paper ballots, the position for straight party voting is to be a heavy circle, three-fourths inch in diameter, surrounded by the words 'For a straight ticket mark within this circle' printed in bold six-point type. On all other ballots or ballot labels, the positions for straight party voting is to be marked 'Straight Party Ticket'. For ballots tabulated electronically, the Secretary of State shall prescribe a uniform number for the straight ticket position for each party.
(3) The party whose candidate for president received the highest number of votes at the last preceding presidential election is to be placed in the left, or first column, row or page, as is appropriate to the voting system. The party which received the second highest vote is to be next and so on. Any groups or third parties which did not have a candidate for president on the ballot in the previous presidential election are to be placed in the sequence in which the final certificates of nomination by petition were filed.
(4)(A) Except for lever machine ballot labels, The following general instructions for straight party voters are to be printed in no smaller than eight-point bold type: 'IF YOU MARKED A STRAIGHT TICKET: When you mark any individual candidate in a different party, that vote will override your straight party vote for that office. When you mark any individual candidate in a different party for an office where more than one will be elected, YOU MUST MARK EACH OF YOUR CHOICES FOR THAT OFFICE because your straight ticket vote will not be counted for that office'. The last sentence of the instructions may not be included on any ballot which does not contain any office or division where more than one candidate will be elected.
On paper ballots, the general instructions are to be placed below the party name and across the top of all columns, followed by a heavy line separating them from the rest of the ballot: Provided, That the instructions may be centered among the columns running the full width of the ballot. On ballots marked with electronically sensible ink, and on ballot labels for voting devices in punch card systems the general instructions are to be placed after the position for straight voting and before any office.
(B) Except for lever machine ballot labels, The following specific instructions are to be printed on the ballot for any partisan election for an office or division to which more than one candidate is to be elected: 'If you marked a straight ticket and you mark any candidate in a different party for this office, you must mark all your choices for this office because your straight ticket vote will not be counted for this office'.
On paper ballots, the specific instructions are to be placed below the office name of any partisan office where more than one is to be elected and across the top of all columns for that office or centered among the columns before the names of any candidates. On all other ballots and ballot labels, the specific instructions are to be placed above or to the side of the names of the candidates as the voting system requires.
(5) For all ballots, any columns, rows or sections in which the ticket of one party appears are to be clearly separated from the other columns, rows or sections by a heavy line or other clear division. For each party, the offices are to be arranged in the order prescribed in section thirteen-a, article five of this chapter under the appropriate tickets, which are to be headed 'National Ticket', 'State Ticket' and 'County Ticket'. The number of pages, columns or rows, where applicable, may be modified to meet the limitations of ballot size and composition requirements, subject to approval by the Secretary of State.
(d) The arrangement of names within each office for all ballot systems is to be as follows:
(1) In elections for presidential electors, the names of the candidates for president and vice president of each party are to be placed beside a brace with a single voting position, so that a vote for any presidential candidate is a vote for the electors of the party for which the candidates were named.
(2) The order of names of candidates for any office or division for which more than one is to be elected is determined as prescribed in section thirteen-a, article five of this chapter: Provided, That the drawing by lot is to be conducted on the seventieth day next preceding the date of the general election, beginning at 9:00 a. m.
(3) Except in voting machine systems, In any office where more than one person is to be elected, the names of the candidates for the office are to be staggered so that no two candidates for that office appear directly opposite any other candidate, as shown in the example below: Provided, That if the voting system cannot accurately tabulate any ballot due to this requirement, the ballot may be adjusted so that it is accurately tabulated. However, each candidate shall be separated by a thin line to distinguish between each candidate.
________________________________________________________________
For House of Delegates
For House of Delegates
First Delegate District
First Delegate District
(Vote For Not More Than Two)
(Vote For Not More Than Two)
_______________________________
_______________________________

SUSAN B. ANTHONY
City (County)
_______________________________
_______________________________

JOHN ADAMS
City (County)
_______________________________
_______________________________

ABRAHAM LINCOLN
City (County)
______________________________
______________________________

JAMES MONROE
City (County)
______________________________
______________________________

(4) Each voting system is to provide a means for voters to vote for any person whose name does not appear on the ticket by writing it with pen or pencil or by using stamps, stickers, tapes, labels or other means of writing in the name of a candidate which does not interfere with the tabulation of the ballot.
(A) In paper ballot systems which allow for write-ins to be made directly on the ballot, a blank square and a blank line equal to the space which would be occupied by the name of the candidate is to be placed under the proper office for each vacancy in nomination and for an office for which more than one is to be elected, any vacancy is to appear after any other candidates for the office. If no write-in lines are included on the ballot, specific instructions are to be added to the top of the ballot notifying the voter that a write-in vote may be cast by writing the name and office on any location on the front of the ballot.
(B) In machine and electronically tabulated ballot systems in which write-in votes must be made in a place other than on the ballot, label if there is a vacancy in nomination leaving fewer candidates in any party than can be elected to that office, the words 'No Candidate Nominated' is to be printed in the space that would be occupied by the name of the candidate and for an office for which more than one is to be elected, any such vacancy is to appear after any other candidates for the office. Notwithstanding any other provision of this code, if there are multiple vacant positions on a ballot for one office, the multiple vacant positions which would otherwise be filled with the words 'No Candidate Filed' may be replaced with a brief detailed description, approved by the Secretary of State, indicating that there are no candidates listed for the vacant positions.
(5) In a general election in any county in which unexpired terms of the board of education are to be filled by election, a separate section or page of the ballot is to be set off by means clearly separating the nonpartisan ballot from the ballot for the political party candidates and is to be headed 'Nonpartisan Board of Education'.
(e) Any constitutional amendment is to be placed following all offices, followed by any other issue upon which the voters are to cast a vote. The heading for each amendment or issue is to be printed in large, bold type according to the requirements of the resolution authorizing the election.
(f) The board of ballot commissioners may not place any issue on the ballot for election which is not specifically authorized under the West Virginia Constitution or statutes or which has not been properly ordered by the appropriate governmental body charged with calling the election.
§3-6-3. Publication of sample ballots and lists of candidates.
(a) The ballot commissioners of each county shall prepare a sample official general election ballot for all political party or independent nominees, nonpartisan candidates for election, if any, and all ballot issues to be voted for at the general election, according to the provisions of this article and articles four and four-a of this chapter, as appropriate to the voting system, and for any ballot issue, according to the provisions of law authorizing the election.
(b) The facsimile sample general election ballot shall be published as follows:
(1) For counties in which two or more qualified newspapers publish a daily newspaper, not more than twenty-six nor less than twenty days preceding the general election, the ballot commissioners shall publish the sample official general election ballot as a Class I-0 legal advertisement in the two qualified daily newspapers of different political parties within the county having the largest circulation in compliance with the provisions of article three, chapter fifty-nine of this code;
(2) For counties having no more than one daily newspaper, or having only one or more qualified newspapers which publish weekly, not more than twenty-six nor less than twenty days preceding the primary election, the ballot commissioners shall publish the sample official general election ballot as a Class I legal advertisement in the qualified newspaper within the county having the largest circulation in compliance with the provisions of article three, chapter fifty-nine of this code; and
(3) Each facsimile sample ballot shall be a photographic reproduction of the official sample ballot or ballot pages and shall be printed in a size no less than eighty sixty-five percent of the actual size of the ballot, at the discretion of the ballot commissioners: Provided, That when the ballots for the precincts within the county contain different senatorial, delegate, magisterial or executive committee districts or when the ballots for precincts within a city contain different municipal wards, the facsimile shall be altered to include each of the various districts in the appropriate order. If, in order to accommodate the size of each ballot, the ballot or ballot pages must be divided onto more than one page, the arrangement and order shall be made to conform as nearly as possible to the arrangement of the ballot. The publisher of the newspaper shall submit a proof of the ballot and the arrangement to the ballot commissioners for approval prior to publication.
(c) The ballot commissioners of each county shall prepare, in the form and manner prescribed by the Secretary of State, an official list of offices and nominees for each office which will appear on the general election ballot for each political party or as independent nominees and, as the case may be, for the nonpartisan candidates to be voted for at the general election:
(1) All information which appears on the ballot, including the names of parties for which a straight ticket may be cast, instructions relating to straight ticket voting, instructions as to the number of candidates for whom votes may be cast for the office, any additional language which will appear on the ballot below the name of the office, any identifying information relating to the candidates, such as his or her residence and magisterial district or presidential preference. and the ballot numbers of the candidates for punch card systems shall be included in the list in the order specified in subdivision (2) of this subsection Following the names of all candidates, the list shall include the full title, text and voting positions of any issue to appear on the ballot.
(2) The order of the straight ticket positions, offices and candidates for each office and the manner of designating the parties shall be as follows:
(A) The straight ticket positions shall be designated 'straight (party name) ticket', with the parties listed in the order in which they appear on the ballot, from left to right or from top to bottom, as the case may be;
(B) The offices shall be listed in the same order in which they appear on the ballot;
(C) The candidates within each office for which one is to be elected shall be listed in the order they appear on the ballot, from left to right or from top to bottom, as the case may be, and the candidate's political party affiliation or independent status shall be indicated by the one or two letter initial specifying the affiliation, placed in parenthesis to the right of the candidate's name; and
(D) The candidates within each office for which more than one is to be elected shall be arranged by political party groups in the order they appear on the ballot and the candidate's affiliation shall be indicated as provided in paragraph (C) of this subdivision.
(d) The official list of candidates and issues as provided in subsection (c) of this section shall be published as follows:
(1) For counties in which two or more qualified newspapers publish a daily newspaper, on the last day on which a newspaper is published immediately preceding the general election, the ballot commissioners shall publish the official list of nominees and issues as a Class I-0 legal advertisement in the two qualified daily newspapers of different political parties within the county having the largest circulation in compliance with the provisions of article three, chapter fifty-nine of this code;
(2) For counties having no more than one daily paper, or having only one or more qualified newspapers which publish weekly, on the last day on which a newspaper is published immediately preceding the general election, the ballot commissioners shall publish the sample official list of nominees and issues as a Class I legal advertisement in the qualified newspaper within the county having the largest circulation in compliance with the provisions of article three, chapter fifty-nine of this code;
(3) The publication of the official list of nominees for each party and for nonpartisan candidates shall be in single or double columns, as required to accommodate the type size requirements as follows:
(A) The words 'official list of nominees and issues', the name of the county, the words 'General Election' and the date of the election shall be printed in all capital letters and in bold type no smaller than fourteen point;
(B) The designation of the straight ticket party positions shall be printed in all capital letters in bold type no smaller than twelve point and the title of the office shall be printed in bold type no smaller than twelve point and any voting instructions or other language printed below the title shall be printed in bold type no smaller than ten point; and
(C) The names of the candidates and the initial within parenthesis designating the candidate's affiliation shall be printed in all capital letters in bold type no smaller than ten point and the residence information shall be printed in type no smaller than ten point; and
(4) When any ballot issue is to appear on the ballot, the title of that ballot shall be printed in all capital letters in bold type no smaller than twelve point. The text of the ballot issue shall appear in no smaller than ten eight point type. The ballot commissioners may require the publication of the ballot issue under this subsection in the facsimile sample ballot format in lieu of the alternate format.
(e) Notwithstanding the provisions of subsections (c) and (d) of this section, beginning with the general election to be held in the year two thousand, the ballot commissioners of any county may choose to publish a facsimile sample general election ballot, instead of the official list of candidates and issues, for purposes of the last publication required before any general election."
The bill was then ordered to third reading.
Com. Sub. for S. B. 643, Relating to insurance laws violations investigations; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 657, Requiring State Board of Education incorporate 21st Century Skills Initiative into certain standards; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Education, was reported by the Clerk and adopted, amending the bill on page two, following the enacting clause, by striking the bill and inserting in lieu thereof the following:
"That §18-2E-5 and §18-2E-5a of the Code of West Virginia, 1931, as amended, be amended and reenacted; that said code be further amended by adding thereto a new section, designated §18- 2E-5d; and that §29A-3B-9 and §29A-3B-10 of said code be amended and reenacted, all to read as follows:
CHAPTER 18. EDUCATION.

ARTICLE 2E. HIGH QUALITY EDUCATIONAL PROGRAMS.
§18-2E-5. Process for improving education; education standards; statewide assessment program; accountability measures; office of education performance audits; school accreditation and school system approval; intervention to correct low performance.

(a) Legislative findings, purpose and intent. -- The Legislature makes the following findings with respect to the process for improving education and its purpose and intent in the enactment of this section:
(1) The process for improving education includes four primary elements, these being:
(A) Standards which set forth the things knowledge and skills that students should know and be able to do as the result of a thorough and efficient education that prepares them for the twenty-first century, including measurable criteria to evaluate student performance and progress;
(B) Assessments of student performance and progress toward meeting the standards;
(C) A system for holding schools and school systems accountable for student performance and progress toward obtaining the knowledge and skills intrinsic to a high quality education in the twenty-first century which is delivered in an efficient manner; and
(D) A method for building the capacity and improving the efficiency of schools and school systems to improve student performance and progress.
(2) As the constitutional body charged with the general supervision of schools as provided by general law, the state board has the authority and the responsibility to establish the standards, assess the performance and progress of students against the standards, hold schools and school systems accountable, and assist schools and school systems to build capacity and improve efficiency so that the standards are met, including, when necessary, seeking additional resources in consultation with the Legislature and the Governor.
(3) As the constitutional body charged with providing for a thorough and efficient system of schools, the Legislature has the authority and the responsibility to establish and be engaged constructively in the determination of the things knowledge and skills that students should know and be able to do as the result of a thorough and efficient education. This determination is made by using the process for improving education to determine when school improvement is needed, by evaluating the results and the efficiency of the system of schools, by ensuring accountability and by providing for the necessary capacity and its efficient use.
(4) In consideration of these findings, the purpose of this section is to establish a process for improving education that includes the four primary elements as set forth in subdivision (1) of this subsection to provide assurances that the high quality standards are, at a minimum, being met and that a thorough and efficient system of schools is being provided for all West Virginia public school students on an equal education opportunity basis.
(5) The intent of the Legislature in enacting this section and section five-c of this article is to establish a process through which the Legislature, the Governor and the state board can work in the spirit of cooperation and collaboration intended in the process for improving education to consult and examine the performance and progress of students, schools and school systems and, when necessary, to consider alternative measures to ensure that all students continue to receive the thorough and efficient education to which they are entitled. However, nothing in this section requires any specific level of funding by the Legislature.
(b) Unified Electronic county and school strategic improvement plans. -- The state board shall promulgate a rule consistent with the provisions of this section and in accordance with article three-b, chapter twenty-nine-a of this code establishing a unified an electronic county strategic improvement plan for each county board and a unified electronic school strategic improvement plan for each public school in this state. Each respective plan shall be a five-year plan that includes the mission and goals of the school or school system to improve student, school or school system performance and progress, as applicable. The strategic plan shall be revised annually in each area in which the school or system is below the standard on the annual performance measures. The revised annual plan also shall identify any deficiency which is reported on the check lists identified in paragraph (G), subdivision (5), subsection (j) (l) of this section including any deficit more than a casual deficit by the county board. The plan shall be revised when required pursuant to this section to include each annual performance measure upon which the school or school system fails to meet the standard for performance and progress, the action to be taken to meet each measure, a separate time line and a date certain for meeting each measure, a cost estimate and, when applicable, the assistance to be provided by the department and other education agencies to improve student, school or school system performance and progress to meet the annual performance measure.
The department shall make available to all public schools through its website or the West Virginia education information system an electronic unified school strategic improvement plan boilerplate designed for use by all schools to develop a unified electronic school strategic improvement plan which incorporates all required aspects and satisfies all improvement plan requirements of the No Child Left Behind Act.
(c) High quality education standards and efficiency standards. -- In accordance with the provisions of article three-b, chapter twenty-nine-a of this code, the state board shall adopt and periodically review and update high quality education standards for student, school and school system performance and processes in the following areas:
(1) Curriculum;
(2) Workplace readiness skills;
(3) Finance;
(4) Transportation;
(5) Special education;
(6) Facilities;
(7) Administrative practices;
(8) Training of county board members and administrators;
(9) Personnel qualifications;
(10) Professional development and evaluation;
(11) Student performance and progress;
(12) School and school system performance and progress;
(13) A code of conduct for students and employees;
(14) Indicators of efficiency; and
(15) Any other areas determined by the state board.
The standards, as applicable, shall incorporate the state's 21st Century Skills Initiative and shall assure that graduates are prepared for continuing post-secondary education, training and work and that schools and school systems are making progress toward achieving the education goals of the state.
(d) Comprehensive statewide student assessment program. -- The state board shall promulgate a rule in accordance with the provisions of article three-b, chapter twenty-nine-a of this code establishing a comprehensive statewide student assessment program to assess student performance and progress in grades three through twelve. The state board may require that student proficiencies be measured through the West Virginia writing assessment at any of the grade levels four, seven and eleven determined by the state board to be appropriate. The state board may provide through the statewide assessment program other testing or assessment instruments applicable to grade levels kindergarten through grade twelve which may be used by each school upon approval by the school curriculum team to promote student achievement. The use of assessment results are subject to the following:
(1) The assessment results for grade levels three through eight and eleven are the only assessment results which may be used for determining whether any school or school system has made adequate yearly progress (AYP);
(2) Only the assessment results in the subject areas of reading/language arts and mathematics may be used for determining whether a school or school system has made adequate yearly progress (AYP);
(3) The results of the West Virginia writing assessment may not be used for determining whether a school or school system has made adequate yearly progress (AYP);
(4) The results of testing or assessment instruments provided by the State Board for optional use by schools and school systems to promote student achievement may not be used for determining whether a school or school system has made adequate yearly progress (AYP); and
(5) All assessment provisions of the comprehensive statewide student assessment program in effect for the school year two thousand six--two thousand seven shall remain in effect until replaced by the state board rule.
(d) (e) Annual performance measures for Public Law 107-110, the Elementary and Secondary Education Act of 1965, as amended (No Child Left Behind Act of 2001). -- The standards shall include annual measures of student, school and school system performance and progress for the grade levels and the content areas defined by the act. The following annual measures of student, school and school system performance and progress shall be the only measures for determining school accreditation and school system approval whether adequately yearly progress under the No Child Left Behind Act has been achieved:
(1) The acquisition of student proficiencies as indicated by student performance and progress in grades three through eight, inclusive, and grade ten shall be measured by a uniform statewide assessment program on the required accountability assessments at the grade levels and content areas as required by the act subject to the limitations set forth in subsection (d) of this section. The indicators for student progress in reading and mathematics in grades kindergarten through second grade shall be measured by the informal assessment established by the West Virginia Department of Education or other assessments, as determined by the school curriculum team. If the school fails to meet adequate yearly progress in reading or mathematics for two consecutive years, the county superintendent, the school principal and the school curriculum team shall decide whether a different assessment should be used to verify that benchmarks are being met. If the county superintendent, the school principal and the school curriculum team differ on what assessment is used, then each entity shall have one vote. Furthermore, the state board may require that student proficiencies be measured through the West Virginia writing assessment at any of the grades that are determined by the state board to be appropriate. It is the intent of the Legislature that in the future a grade eleven uniform statewide assessment be administered in lieu of the grade ten uniform statewide assessment. The state board shall perform an analysis of the costs and the benefits of administering the grade eleven uniform statewide assessment in lieu of the grade ten uniform statewide assessment. The analysis shall include a review of the need for end of course exams in grades nine through twelve. The state board shall report the results of the analysis to the legislative oversight commission on education accountability. The state board may provide other testing or assessment instruments applicable to grade levels kindergarten through grade twelve through the statewide assessment program for optional use by each school as determined by the school curriculum team to measure student performance and progress;
(2) The student participation rate in the uniform statewide assessment must be at least ninety- five percent or the average of the participation rate for the current and the preceding two years is ninety-five percent for the school, county and state;
(2) (3) Only for schools that do not include grade twelve, the school attendance rate which shall be no less than ninety percent in attendance for the school, county and state. The following absences shall be excluded:
(A) Student absences excused in accordance with the state board rule promulgated pursuant to section four, article eight of this chapter;
(B) Students not in attendance due to disciplinary measures; and
(C) Absent students for whom the attendance director has pursued judicial remedies compelling attendance to the extent of his or her authority; and
(3) (4) The high school graduation rate which shall be no less than eighty percent for the school, county and state; or if the high school graduation rate is less than eighty percent, the high school graduation rate shall be higher than the high school graduation rate of the preceding year as determined from information on the West Virginia education information system on the fifteenth day of August.
(f) State annual performance measures for school and school system accreditation. -- The state board shall establish a system to assess and weigh annual performance measures for state accreditation of schools and school systems in a manner that gives credit or points such as an index to prevent any one measure alone from causing a school to achieve less than full accreditation status or a school system from achieving less than full approval status: Provided, That a school or school system that achieves adequate yearly progress is eligible for no less than full accreditation or approval status, as applicable, and the system established pursuant to this subsection shall only apply to schools and school systems that do not achieve adequate yearly progress.
The following types of measures, as may be appropriate at the various programmatic levels, may be approved by the state board for the school and school system accreditation:
(1) The acquisition of student proficiencies as indicated by student performance and progress on the uniform statewide assessment program at the grade levels as provided in subsection (d) of this section. The state board may approve providing bonus points or credits for students scoring at or above mastery and distinguished levels;
(2) Writing assessment results in grades tested;
(3) School attendance rates;
(4) Percentage of courses taught by highly qualified teachers;
(5) Percentage of students scoring at benchmarks on the currently tested ACT EXPLORE and ACT PLAN assessments or other comparable assessments, which are approved by the state board and provided by future vendors;
(6) Graduation rates;
(7) Job placement rates for vocational programs;
(8) Percent of students passing end-of-course career/technical tests;
(9) Percent of students not requiring college remediation classes; and
(10) Bonus points or credits for sub-group improvement, advanced placement percentages, dual credit completers and international baccalaureate completers.
(e) (g) Indicators of exemplary performance and progress. -- The standards shall include indicators of exemplary student, school and school system performance and progress. The indicators of exemplary student, school and school system performance and progress shall be used only as indicators for determining whether accredited and approved schools and school systems should be granted exemplary status. These indicators shall include, but are not limited to, the following:
(1) The percentage of graduates who declare their intent to enroll in college and other post- secondary education and training following high school graduation;
(2) The percentage of graduates who receive additional certification of their skills, competence and readiness for college, other post-secondary education or employment above the level required for graduation; and
(3) The percentage of students who successfully complete advanced placement, dual credit and honors classes.
(f) (h) Indicators of efficiency. -- In accordance with the provisions of article three-b, chapter twenty-nine-a of this code, the state board shall adopt by rule and periodically review and update indicators of efficiency for use by the appropriate divisions within the department to ensure efficient management and use of resources in the public schools in the following areas:
(1) Curriculum delivery including, but not limited to, the use of distance learning;
(2) Transportation;
(3) Facilities;
(4) Administrative practices;
(5) Personnel;
(6) Utilization Use of regional educational service agency programs and services, including programs and services that may be established by their assigned regional educational service agency, or other regional services that may be initiated between and among participating county boards; and
(7) Any other indicators as determined by the state board.
(g) (i) Assessment and accountability of school and school system performance and processes. -- In accordance with the provisions of article three-b, chapter twenty-nine-a of this code, the state board shall establish by rule a system of education performance audits which measures the quality of education and the preparation of students based on the annual measures of student, school and school system performance and progress. The system of education performance audits shall provide information to the state board, the Legislature and the Governor, individually and collectively as the Process for Improving Education Council, upon which they may determine whether a thorough and efficient system of schools is being provided. The system of education performance audits shall include:
(1) The assessment of student, school and school system performance and progress based on the annual measures set forth in subsection (d) of this section;
(2) The evaluation of records, reports and other information collected by the department upon which the quality of education and compliance with statutes, policies and standards may be determined;
(3) The review of school and school system unified electronic strategic improvement plans; and
(4) The on-site review of the processes in place in schools and school systems to enable school and school system performance and progress and compliance with the standards.
(h) (j) Uses of school and school system assessment information. -- The state board and the Process for Improving Education Council established pursuant to section five-c of this article shall use information from the system of education performance audits to assist them in ensuring that a thorough and efficient system of schools is being provided and to improve student, school and school system performance and progress. Information from the system of education performance audits further shall be used by the state board for these purposes, including, but not limited to, the following:
(1) Determining school accreditation and school system approval status;
(2) Holding schools and school systems accountable for the efficient use of existing resources to meet or exceed the standards; and
(3) Targeting additional resources when necessary to improve performance and progress.
The state board shall make accreditation information available to the Legislature, the Governor, the general public and to any individual who requests the information, subject to the provisions of any act or rule restricting the release of information.
(i) (k) Early detection and intervention programs. -- Based on the assessment of student, school and school system performance and progress, the state board shall establish early detection and intervention programs using the available resources of the Department of Education, the regional educational service agencies, the Center for Professional Development and the Principals Academy, as appropriate, to assist underachieving schools and school systems to improve performance before conditions become so grave as to warrant more substantive state intervention. Assistance shall include, but is not limited to, providing additional technical assistance and programmatic, professional staff development, providing monetary, staffing and other resources where appropriate, and, if necessary, making appropriate recommendations to the Process for Improving Education Council.
(j) (l) Office of Education Performance Audits. --
(1) To assist the state board and the Process for Improving Education Council in the operation of a system of education performance audits, the state board shall establish an Office of Education Performance Audits consistent with the provisions of this section. The Office of Education Performance Audits shall be operated under the direction of the state board independently of the functions and supervision of the State Department of Education and state superintendent. The Office of Education Performance Audits shall report directly to and be responsible to the state board and the Process for Improving Education Council created in section five-c of this article in carrying out its duties under the provisions of this section.
(2) The office shall be headed by a director who shall be appointed by the state board and who shall serve at the will and pleasure of the state board. The annual salary of the director shall be set by the state board and may not exceed eighty percent of the salary cap of the State Superintendent of Schools.
(3) The state board shall organize and sufficiently staff the office to fulfill the duties assigned to it by law and by the state board. Employees of the State Department of Education who are transferred to the Office of Education Performance Audits shall retain their benefits and seniority status with the Department of Education.
(4) Under the direction of the state board, the Office of Education Performance Audits shall receive from the West Virginia education information system staff research and analysis data on the performance and progress of students, schools and school systems, and shall receive assistance, as determined by the state board, from staff at the State Department of Education, the regional education service agencies, the Center for Professional Development, the Principals Academy and the state School Building Authority to carry out the duties assigned to the office.
(5) In addition to other duties which may be assigned to it by the state board or by statute, the Office of Education Performance Audits also shall:
(A) Assure that all statewide assessments of student performance used as annual performance measures are secure as required in section one-a of this article;
(B) Administer all accountability measures as assigned by the state board, including, but not limited to, the following:
(i) Processes for the accreditation of schools and the approval of school systems; and
(ii) Recommendations to the state board on appropriate action, including, but not limited to, accreditation and approval action;
(C) Determine, in conjunction with the assessment and accountability processes, what capacity may be needed by schools and school systems to meet the standards established by the state board and recommend to the state board and the Process for Improving Education Council, plans to establish those needed capacities;
(D) Determine, in conjunction with the assessment and accountability processes, whether statewide system deficiencies exist in the capacity of schools and school systems to meet the standards established by the state board, including the identification of trends and the need for continuing improvements in education, and report those deficiencies and trends to the state board and the Process for Improving Education Council;
(E) Determine, in conjunction with the assessment and accountability processes, staff development needs of schools and school systems to meet the standards established by the state board and make recommendations to the state board, the Process for Improving Education Council, the Center for Professional Development, the regional educational service agencies, the Higher Education Policy Commission and the county boards;
(F) Identify, in conjunction with the assessment and accountability processes, exemplary schools and school systems and best practices that improve student, school and school system performance and make recommendations to the state board and the Process for Improving Education Council for recognizing and rewarding exemplary schools and school systems and promoting the use of best practices. The state board shall provide information on best practices to county school systems and shall use information identified through the assessment and accountability processes to select schools of excellence; and
(G) Develop reporting formats, such as check lists, which shall be used by the appropriate administrative personnel in schools and school systems to document compliance with various of the applicable laws, policies and process standards as considered appropriate and approved by the state board, including, but not limited to, the following:
(i) The use of a policy for the evaluation of all school personnel that meets the requirements of sections twelve and twelve-a, article two, chapter eighteen-a of this code;
(ii) The participation of students in appropriate physical assessments as determined by the state board, which assessment may not be used as a part of the assessment and accountability system;
(iii) The appropriate licensure of school personnel; and
(iv) The school provides multicultural activities.
Information contained in the reporting formats is subject to examination during an on-site review to determine compliance with laws, policies and standards. Intentional and grossly negligent reporting of false information are grounds for dismissal.
(k) (m) On-site reviews. --
(1) The system of education performance audits shall include on-site reviews of schools and school systems which shall be conducted only at the specific direction of the state board upon its determination that the performance and progress of the school or school system are persistently below standard or that other circumstances exist that warrant an on-site review. Any discussion by the state board of schools to be subject to an on-site review or dates for which on-site reviews will be conducted may be held in executive session and is not subject to the provisions of article nine-a, chapter six of this code relating to open governmental proceedings. An on-site review shall be conducted by the Office of Education Performance Audits of a school or school system for the purpose of investigating the reasons for performance and progress that are persistently below standard and making recommendations to the school and school system, as appropriate, and to the state board on such measures as it considers necessary to improve performance and progress to meet the standard. The investigation may include, but is not limited to, the following:
(A) Verifying data reported by the school or county board;
(B) Examining compliance with the laws and policies affecting student, school and school system performance and progress;
(C) Evaluating the effectiveness and implementation status of school and school system unified electronic strategic improvement plans;
(D) Investigating official complaints submitted to the state board that allege serious impairments in the quality of education in schools or school systems;
(E) Investigating official complaints submitted to the state board that allege that a school or county board is in violation of policies or laws under which schools and county boards operate; and
(F) Determining and reporting whether required reviews and inspections have been conducted by the appropriate agencies, including, but not limited to, the State Fire Marshal, the Health Department, the School Building Authority and the responsible divisions within the Department of Education, and whether noted deficiencies have been or are in the process of being corrected. The Office of Education Performance Audits may not conduct a duplicate review or inspection of any compliance reviews or inspections conducted by the department or its agents or other duly authorized agencies of the state, nor may it mandate more stringent compliance measures.
(2) The Director of the Office of Education Performance Audits shall notify the county superintendent of schools five school days prior to commencing an on-site review of the county school system and shall notify both the county superintendent and the principal five school days prior to commencing an on-site review of an individual school: Provided, That the state board may direct the Office of Education Performance Audits to conduct an unannounced on-site review of a school or school system if the state board believes circumstances warrant an unannounced on-site review.
(3) The office of education performance audits shall conduct on-site reviews which are limited in scope to specific areas in which performance and progress are persistently below standard as determined by the state board unless specifically directed by the state board to conduct a review which covers additional areas.
(4) An on-site review of a school or school system shall include a person or persons from the Department of Education or a public education agency in the state who has expert knowledge and experience in the area or areas to be reviewed and who has been trained and designated by the state board to perform such functions. If the size of the school or school system and issues being reviewed necessitate the use of an on-site review team or teams, the person or persons designated by the state board shall advise and assist the director to appoint the team or teams. The person or persons designated by the state board shall be the team leaders.
The persons designated by the state board shall be responsible for completing the report on the findings and recommendations of the on-site review in their area of expertise. It is the intent of the Legislature that the persons designated by the state board participate in all on-site reviews that involve their area of expertise, to the extent practicable, so that the on-site review process will evaluate compliance with the standards in a uniform, consistent and expert manner.
(5) The Office of Education Performance Audits shall reimburse a county board for the costs of substitutes required to replace county board employees while they are serving on a review team.
(6) At the conclusion of an on-site review of a school system, the director and team leaders shall hold an exit conference with the superintendent and shall provide an opportunity for principals to be present for at least the portion of the conference pertaining to their respective schools. In the case of an on-site review of a school, the exit conference shall be held with the principal and curriculum team of the school and the superintendent shall be provided the opportunity to be present. The purpose of the exit conference is to review the initial findings of the on-site review, clarify and correct any inaccuracies and allow the opportunity for dialogue between the reviewers and the school or school system to promote a better understanding of the findings.
(7) The Office of Education Performance Audits shall report the findings of an on-site review to the county superintendent and the principals whose schools were reviewed within thirty days following the conclusion of the on-site review. The Office of Education Performance Audits shall report the findings of the on-site review to the state board within forty-five days after the conclusion of the on-site review. A copy of the report shall be provided to the Process for Improving Education Council at its request. A school or county that believes one or more findings of a review are clearly inaccurate, incomplete or misleading, misrepresent or fail to reflect the true quality of education in the school or county, or address issues unrelated to the health, safety and welfare of students and the quality of education, may appeal to the State Board for removal of the findings. The State Board shall establish a process for it to receive, review and act upon the appeals. The State Board shall report to the Legislative Oversight Commission on Education Accountability during its July interim meetings, or as soon thereafter as practical, on each appeal during the preceding school year.
(8) The Legislature finds that the accountability and oversight of the following activities and programmatic areas in the public schools is controlled through other mechanisms and that additional accountability and oversight are not only unnecessary but counterproductive in distracting necessary resources from teaching and learning. Therefore, notwithstanding any other provision of this section to the contrary, the following activities and programmatic areas are not subject to review by the Office of Education Performance Audits:
(A) Work-based learning;
(B) Use of advisory councils;
(C) Program accreditation and student credentials;
(D) Student transition plans;
(E) Graduate assessment form;
(F) Casual deficit;
(G) Accounting practices;
(H) Transportation services;
(I) Special education services;
(J) Safe, healthy and accessible facilities;
(K) Health services;
(L) Attendance director;
(M) Business/community partnerships;
(N) Pupil-teacher ratio/split grade classes;
(O)Local school improvement council, faculty senate, student assistance team and curriculum team;
(P) Planning and lunch periods;
(Q) Skill improvement program;
(R) Certificate of proficiency;
(S) Training of county board members;
(T) Excellence in job performance;
(U) Staff development; and
(V) Preventive discipline, character education and student and parental involvement.
(l) (n) School accreditation. -- The state board annually shall review the information from the system of education performance audits submitted for each school and shall issue to every school one of the following approval levels: Exemplary accreditation status, distinction accreditation status, full accreditation status, temporary accreditation status, conditional accreditation status, or seriously impaired low performing accreditation status.
(1) Full accreditation status shall be given to a school when the school's performance and progress meet or exceed the standards adopted by the state board pursuant to subsection (d) subsection (e) or (f), as applicable, of this section and it does not have any deficiencies which would endanger student health or safety or other extraordinary circumstances as defined by the state board. A school that meets or exceeds the performance and progress standards but has the other deficiencies shall remain on full accreditation status for the remainder of the accreditation period and shall have an opportunity to correct those deficiencies, notwithstanding other provisions of this subsection.
(2) Temporary accreditation status shall be given to a school when the school's performance and progress are below the level required for full accreditation status. Whenever a school is given temporary accreditation status, the county board shall ensure that the school's unified electronic strategic improvement plan is revised in accordance with subsection (b) of this section to increase the performance and progress of the school to a full accreditation status level. The revised plan shall be submitted to the state board for approval.
(3) Conditional accreditation status shall be given to a school when the school's performance and progress are below the level required for full accreditation, but the school's unified electronic strategic improvement plan meets the following criteria:
(A) The plan has been revised to improve performance and progress on the standard or standards by a date or dates certain;
(B) The plan has been approved by the state board; and
(C) The school is meeting the objectives and time line specified in the revised plan.
(4) Exemplary accreditation status shall be given to a school when the school's performance and progress meet or substantially exceed the standards adopted by the state board pursuant to subsections (d) and (e) (f) and (g) of this section. The state board shall promulgate legislative rules in accordance with the provisions of article three-b, chapter twenty-nine-a of this code designated to establish standards of performance and progress to identify exemplary schools.
(5) Distinction accreditation status shall be given to a school when the school's performance and progress exceed the standards adopted by the state board. The state board shall promulgate legislative rules in accordance with the provisions of article three-b, chapter twenty-nine-a of this code establishing standards of performance and progress to identify schools of distinction.
(5) (6) Seriously impaired Low-performing accreditation status shall be given to a school whenever extraordinary circumstances exist as defined by the state board.
(A) These circumstances shall include, but are not limited to, the following:
(i) The failure of a school on temporary accreditation status to obtain approval of its revised unified electronic school strategic improvement plan within a reasonable time period as defined by the state board;
(ii) The failure of a school on conditional accreditation status to meet the objectives and time line of its revised unified electronic school strategic improvement plan; or
(iii) The failure of a school to meet a standard by the date specified in the revised plan.
(B) Whenever the state board determines that the quality of education in a school is seriously impaired low performing, the state board shall appoint a team of improvement consultants to make recommendations within sixty days of appointment for correction of the impairment low performance. When the state board approves the recommendations, they shall be communicated to the county board. If progress in correcting the impairment low performance as determined by the state board is not made within six months from the time the county board receives the recommendations, the state board shall place the county board on temporary approval status and provide consultation and assistance to the county board to assist it in the following areas:
(i) Improving personnel management;
(ii) Establishing more efficient financial management practices;
(iii) Improving instructional programs and rules; or
(iv) Making any other improvements that are necessary to correct the impairment low performance.
(C) If the impairment low performance is not corrected by a date certain as set by the state board:
(i) The state board shall appoint a monitor who shall be paid at county expense to cause improvements to be made at the school to bring it to full accreditation status within a reasonable time period as determined by the state board. The monitor's work location shall be at the school and the monitor shall work collaboratively with the principal. The monitor shall, at a minimum, report monthly to the state board on the measures being taken to improve the school's performance and the progress being made. The reports may include requests for additional assistance and recommendations required in the judgment of the monitor to improve the school's performance, including, but not limited to, the need for targeting resources strategically to eliminate deficiencies;
(ii) The state board may make a determination, in its sole judgment, that the improvements necessary to provide a thorough and efficient education to the students at the school cannot be made without additional targeted resources, in which case, it shall establish a plan in consultation with the county board that includes targeted resources from sources under the control of the state board and the county board to accomplish the needed improvements. Nothing in this subsection shall be construed to allow a change in personnel at the school to improve school performance and progress, except as provided by law;
(iii) If the impairment low performance is not corrected within one year after the appointment of a monitor, the state board may make a determination, in its sole judgment, that continuing a monitor arrangement is not sufficient to correct the impairment low performance and may intervene in the operation of the school to cause improvements to be made that will provide assurances that a thorough and efficient system of schools will be provided. This intervention may include, but is not limited to, establishing instructional programs, taking such direct action as may be necessary to correct the impairments low performance, declaring the position of principal is vacant and assigning a principal for the school who shall serve at the will and pleasure of and, under the sole supervision of, the state board: Provided, That prior to declaring that the position of the principal is vacant, the state board must make a determination that all other resources needed to correct the impairment low performance are present at the school. If the principal who was removed elects not to remain an employee of the county board, then the principal assigned by the state board shall be paid by the county board. If the principal who was removed elects to remain an employee of the county board, then the following procedure applies:
(I) The principal assigned by the state board shall be paid by the state board until the next school term, at which time the principal assigned by the state board shall be paid by the county board;
(II) The principal who was removed shall be eligible for all positions in the county, including teaching positions, for which the principal is certified, by either being placed on the transfer list in accordance with section seven, article two, chapter eighteen-a of this code, or by being placed on the preferred recall list in accordance with section seven-a, article four, chapter eighteen-a of this code; and
(III) The principal who was removed shall be paid by the county board and may be assigned to administrative duties, without the county board being required to post that position until the end of the school term;
(6) The county board shall take no action nor refuse any action if the effect would be to impair further the school in which the state board has intervened.
(7) The state board may appoint a monitor pursuant to the provisions of this subsection to assist the school principal after intervention in the operation of a school is completed.
(m) (o) Transfers from seriously impaired low-performing schools. -- Whenever a school is determined to be seriously impaired low performing and fails to improve its status within one year, following state intervention in the operation of the school to correct the impairment low performance, any student attending the school may transfer once to the nearest fully accredited school in the county, subject to approval of the fully accredited school and at the expense of the school from which the student transferred.
(n) (p) School system approval. -- The state board annually shall review the information submitted for each school system from the system of education performance audits and issue one of the following approval levels to each county board: Full approval, temporary approval, conditional approval or nonapproval.
(1) Full approval shall be given to a county board whose schools have all been given full, temporary or conditional accreditation status and which does not have any deficiencies which would endanger student health or safety or other extraordinary circumstances as defined by the state board. A fully approved school system in which other deficiencies are discovered shall remain on full accreditation status for the remainder of the approval period and shall have an opportunity to correct those deficiencies, notwithstanding other provisions of this subsection.
(2) Temporary approval shall be given to a county board whose education system is below the level required for full approval. Whenever a county board is given temporary approval status, the county board shall revise its unified electronic county strategic improvement plan in accordance with subsection (b) of this section to increase the performance and progress of the school system to a full approval status level. The revised plan shall be submitted to the state board for approval.
(3) Conditional approval shall be given to a county board whose education system is below the level required for full approval, but whose unified electronic county strategic improvement plan meets the following criteria:
(i) The plan has been revised in accordance with subsection (b) of this section;
(ii) The plan has been approved by the state board; and (iii) The county board is meeting the objectives and time line specified in the revised plan.
(4) Nonapproval status shall be given to a county board which fails to submit and gain approval for its unified electronic county strategic improvement plan or revised unified electronic county strategic improvement plan within a reasonable time period as defined by the state board or which fails to meet the objectives and time line of its revised unified electronic county strategic improvement plan or fails to achieve full approval by the date specified in the revised plan.
(A) The state board shall establish and adopt additional standards to identify school systems in which the program may be nonapproved and the state board may issue nonapproval status whenever extraordinary circumstances exist as defined by the state board.
(B) Whenever a county board has more than a casual deficit, as defined in section one, article one of this chapter, the county board shall submit a plan to the state board specifying the county board's strategy for eliminating the casual deficit. The state board either shall approve or reject the plan. If the plan is rejected, the state board shall communicate to the county board the reason or reasons for the rejection of the plan. The county board may resubmit the plan any number of times. However, any county board that fails to submit a plan and gain approval for the plan from the state board before the end of the fiscal year after a deficit greater than a casual deficit occurred or any county board which, in the opinion of the state board, fails to comply with an approved plan may be designated as having nonapproval status.
(C) Whenever nonapproval status is given to a school system, the state board shall declare a state of emergency in the school system and shall appoint a team of improvement consultants to make recommendations within sixty days of appointment for correcting the emergency. When the state board approves the recommendations, they shall be communicated to the county board. If progress in correcting the emergency, as determined by the state board, is not made within six months from the time the county board receives the recommendations, the state board shall intervene in the operation of the school system to cause improvements to be made that will provide assurances that a thorough and efficient system of schools will be provided. This intervention may include, but is not limited to, the following:
(i) Limiting the authority of the county superintendent, associate superintendent, assistant superintendent and county board as to the expenditure of funds, the employment and dismissal of personnel, the establishment and operation of the school calendar, the establishment of instructional programs and rules and any other areas designated by the state board by rule, which may include delegating decision-making authority regarding these matters to the state superintendent;
(ii) Declaring that the office offices of the county superintendent, associate superintendent and assistant superintendent is are vacant;
(iii) Delegating to the state superintendent both the authority to conduct hearings on personnel matters and school closure or consolidation matters and, subsequently, to render the resulting decisions and the authority to appoint a designee for the limited purpose of conducting hearings while reserving to the state superintendent the authority to render the resulting decisions;
(iv) Functioning in lieu of the county board of education in a transfer, sale, purchase or other transaction regarding real property; and
(v) Taking any direct action necessary to correct the emergency including, but not limited to, the following:
(I) Delegating to the state superintendent the authority to replace administrators and principals in low performing schools and to transfer them into alternate professional positions within the county at his or her discretion; and
(II) Delegating to the state superintendent the authority to fill positions of administrators and principals with individuals determined by the state superintendent to be the most qualified for the positions. Any authority related to intervention in the operation of a county board granted under this paragraph is not subject to the provisions of article four, chapter eighteen-a of this code;
(o) (q) Notwithstanding any other provision of this section, the state board may intervene immediately in the operation of the county school system with all the powers, duties and responsibilities contained in subsection (n) (p) of this section, if the state board finds the following:
(1) That the conditions precedent to intervention exist as provided in this section; and that delaying intervention for any period of time would not be in the best interests of the students of the county school system; or
(2) That the conditions precedent to intervention exist as provided in this section and that the state board had previously intervened in the operation of the same school system and had concluded that intervention within the preceding five years.
(p) (r) Capacity. -- The process for improving education includes a process for targeting resources strategically to improve the teaching and learning process. Development of unified electronic school and school system strategic improvement plans, pursuant to subsection (b) of this section, is intended, in part, to provide mechanisms to target resources strategically to the teaching and learning process to improve student, school and school system performance. When deficiencies are detected through the assessment and accountability processes, the revision and approval of school and school system unified electronic strategic improvement plans shall ensure that schools and school systems are efficiently using existing resources to correct the deficiencies. When the state board determines that schools and school systems do not have the capacity to correct deficiencies, the state board shall work with the county board to develop or secure the resources necessary to increase the capacity of schools and school systems to meet the standards and, when necessary, seek additional resources in consultation with the Legislature and the Governor.
The state board shall recommend to the appropriate body including, but not limited to, the Process for Improving Education Council, the Legislature, county boards, schools and communities methods for targeting resources strategically to eliminate deficiencies identified in the assessment and accountability processes. When making determinations on recommendations, the state board shall include, but is not limited to, the following methods:
(1) Examining reports and unified electronic strategic improvement plans regarding the performance and progress of students, schools and school systems relative to the standards and identifying the areas in which improvement is needed;
(2) Determining the areas of weakness and of ineffectiveness that appear to have contributed to the substandard performance and progress of students or the deficiencies of the school or school system;
(3) Determining the areas of strength that appear to have contributed to exceptional student, school and school system performance and progress and promoting their emulation throughout the system;
(4) Requesting technical assistance from the School Building Authority in assessing or designing comprehensive educational facilities plans;
(5) Recommending priority funding from the School Building Authority based on identified needs;
(6) Requesting special staff development programs from the Center for Professional Development, the Principals Academy, higher education, regional educational service agencies and county boards based on identified needs;
(7) Submitting requests to the Legislature for appropriations to meet the identified needs for improving education;
(8) Directing county boards to target their funds strategically toward alleviating deficiencies;
(9) Ensuring that the need for facilities in counties with increased enrollment are appropriately reflected and recommended for funding;
(10) Ensuring that the appropriate person or entity is held accountable for eliminating deficiencies; and
(11) Ensuring that the needed capacity is available from the state and local level to assist the school or school system in achieving the standards and alleviating the deficiencies.
§18-2E-5a. County superintendent employment contract.
(a) The Legislature previously granted authority to the state board to intervene in the operation of a county school system in section five, article two-e of this chapter. Part of the authority given is the authority of the state board to declare that the office offices of the county superintendent, associate superintendent and assistant superintendent is are vacant. County boards enter into contracts to employ persons as superintendents in these positions for a term of years which creates substantial rights and obligations. Although the statute provides that the state board may declare the office of the county superintendent offices vacant, the statute did not specifically give the state board authority to void the contract contracts of the county superintendent, associate superintendent and assistant superintendent. The intent of this section is to clarify what contractual obligations continue after removal.
(b) Whenever the state board intervenes in the operation of a school system and the office any of the offices of the county superintendent, associate superintendent and assistant superintendent is are declared vacant pursuant to section five, article two-e of this chapter, the state board may, for any intervention which is instituted after the effective date of this section, void any existing employment contract between the county board and the county superintendent, associate superintendent and assistant superintendent.
(c) Whenever a county board elects a county superintendent and enters into a written contract of employment with the a superintendent, associate superintendent or assistant superintendent, the county board shall include within the contract a conspicuous clause that informs the superintendent, associate superintendent or assistant superintendent that if the state board intervenes in the operation of the county school system pursuant to section five, article two-e of this chapter, the state board may vacate the office and void the employment contract.
§18-2E-5d. Comprehensive study of Public School Support Plan.
(a) The Legislature finds that the growing diversity in various characteristics of the county school systems makes appropriate financing increasingly problematic through the Public School Support Plan as presently constructed. The purpose of this section is to provide for a study on methods to better align appropriation needs with identifiable cost factors and improve the ability to efficiently target resources to areas of need.
(b) The state superintendent shall conduct a comprehensive study of the public School Support Plan established pursuant to article nine-a of this chapter. The study shall include, but is not limited to, the following:
(1) General financing strategy for public schools based on net enrollment versus adjusted enrollment;
(2) Independently addressing staffing levels for classroom teaching personnel and professional student support personnel, including:
(A) School nurses;
(B) Counselors;
(C) Librarians; and
(D) Technology integration specialists; and
(3) Basing operations allowances on cost factors including, but not limited to, the following:
(A) Administrative expenses;
(B) Technology equipment and infrastructure;
(C) Alternative education programs;
(D) Advanced placement and dual credit courses;
(E) Drop-out prevention programs;
(F) Substitute personnel; and
(G) Facilities; and
(4) Considerations for adequacy and local differences such as
(A) Transportation;
(B) Students' with special health care needs;
(C) Sustained extraordinary growth in student enrollment;
(D) Extraordinary salary competition from surrounding districts; and
(E) Extraordinary low enrollment and sparse student population density.
(c) The state superintendent shall report findings generated by the study, together with recommendations and any legislation necessary to effectuate the recommendations to the Legislative Oversight Commission on Educational Accountability by the first day of December, two thousand seven.
CHAPTER 29A. STATE ADMINISTRATIVE PROCEDURES ACT.

ARTICLE 3B. STATE BOARD OF EDUCATION RULEMAKING.
§29A-3B-9. Submission of legislative rules to the Legislative Oversight Commission on Education Accountability.

(a) When the board proposes a legislative rule, the board shall submit the following to the Legislative Oversight Commission on Education Accountability: at its offices or at a regular meeting of the commission: twenty copies of: (1) The full text of the legislative rule as proposed by the board and filed with the office of the Secretary of State, with new language underlined and with language to be deleted from any existing rule stricken through but clearly legible; (2) a brief summary of the content of the legislative rule and a description and a copy of any existing rule which the agency proposes to amend or repeal; (3) a statement of the circumstances which require the rule; (4) a fiscal note containing all information included in a fiscal note for either house of the Legislature and a statement of the economic impact of the rule on the state or its residents; and (5) any other information which the commission may request or which may be required by law.
(b) At its discretion, the board may meet the filing requirement of subsection (a) of this section using either of the following methods:
(1) By submitting twenty copies of the proposed rule to the Legislative Oversight Commission on Education Accountability at its offices or at a regular meeting of the commission; or
(2) By submitting the proposed rule electronically to the Legislative Oversight Commission on Education Accountability. Proposed rules submitted electronically shall be transmitted in a timely manner, shall contain all required information and shall be compatible with computer applications in use by the Legislative Oversight Commission on Education Accountability.
(b) (c) The commission shall review each proposed legislative rule and, in its discretion, may hold public hearings thereon. Such review shall include, but not be limited to, a determination of:
(1) Whether the board has exceeded the scope of its statutory authority in approving the proposed legislative rule;
(2) Whether the proposed legislative rule is in conformity with the legislative intent of the statute which the rule is intended to implement, extend, apply, interpret or make specific;
(3) Whether the proposed legislative rule conflicts with any other provision of this code or with any other rule adopted by the same or a different agency;
(4) Whether the proposed legislative rule is necessary to fully accomplish the objectives of the statute under which the proposed rule was promulgated;
(5) Whether the proposed legislative rule is reasonable, especially as it affects the convenience of the general public or of persons particularly affected by it;
(6) Whether the proposed legislative rule could be made less complex or more readily understandable by the general public; and
(7) Whether the proposed legislative rule was promulgated in compliance with the requirements of this article and with any requirements imposed by any other provision of this code.
(c) (d) After reviewing the legislative rule, the commission may recommend to the board any changes needed to comply with the legislative intent of the statute upon which the rule is based or otherwise to modify the activity subject to the rule, or may make any other recommendations to the board as it considers appropriate.
(d) (e) When the board finally adopts a legislative rule, the board shall submit to the Legislative Oversight Commission on Education Accountability at its offices or at a regular meeting of the commission six copies of the rule as adopted by the board. The board, at its discretion, may meet the filing requirement contained in this subsection by submitting the legislative rule in electronic format to the Legislative Oversight Commission on Education Accountability. Rules submitted electronically shall be transmitted in a timely manner and shall be compatible with computer applications in use by the Legislative Oversight Commission on Education Accountability.
(f) After reviewing the legislative rule, the commission may recommend to the Legislature any statutory changes needed to clarify the legislative intent of the statute upon which the rule is based or may make any other recommendations to the Legislature as it considers appropriate.
§29A-3B-10. Emergency legislative rules; procedure for promulgation; definition.
(a) The board may, without hearing, find that an emergency exists requiring that emergency rules be promulgated and promulgate the same in accordance with this section. Such emergency rules, together with a statement of the facts and circumstances constituting the emergency, shall be filed in the State Register and shall become effective immediately upon such filing. Such emergency rules may adopt, amend or repeal any legislative rule, but the circumstances constituting the emergency requiring such adoption, amendment or repeal shall be stated with particularity and be subject to de novo review by any court having original jurisdiction of an action challenging their validity.
(b) The board shall file ten copies of the rules and of the required statement shall be filed forthwith with the Legislative Oversight Commission on Education Accountability. At its discretion, the board may meet the filing requirement contained in this subsection by submitting the emergency rule electronically to the Legislative Oversight Commission on Education Accountability. Proposed rules submitted electronically shall be transmitted in a timely manner, shall contain all required information and shall be compatible with computer applications in use by the Legislative Oversight Commission on Education Accountability.
(c) An emergency rule shall be effective for not more than fifteen months and shall expire earlier if any of the following occurs:
(1) The board has not previously filed and fails to file a notice of public hearing on the proposed rule within sixty days of the date the proposed rule was filed as an emergency rule; in which case the emergency rule expires on the sixty-first day.
(2) The board has not previously filed and fails to file the proposed rule with the Legislative Oversight Commission on Education Accountability within one hundred eighty days of the date the proposed rule was filed as an emergency rule; in which case the emergency rule expires on the one hundred eighty-first day.
(3) The board adopts a legislative rule dealing with substantially the same subject matter since such emergency rule was first promulgated, and in which case the emergency rule expires on the date the authorized rule is made effective.
(b) (d) Any amendment to an emergency rule made by the board shall be filed in the State Register and does not constitute a new emergency rule for the purpose of acquiring additional time or avoiding the expiration dates in subdivision (1), (2) or (3), subsection (a) (c) of this section.
(c) (e) Once an emergency rule expires due to the conclusion of fifteen months or due to the effect of subdivision (1), (2) or (3), subsection (a) (c) of this section, the board may not refile the same or similar rule as an emergency rule.
(d) (f) Emergency legislative rules currently in effect under the prior provisions of this section may be refiled under the provisions of this section.
(e) (g) The provision of this section shall not be used to avoid or evade any provision of this article or any other provisions of this code, including any provisions for legislative review of proposed rules. Any emergency rule promulgated for any such purpose may be contested in a judicial proceeding before a court of competent jurisdiction.
(f) (h) The Legislative Oversight Commission on Education Accountability may review any emergency rule to determine (1) Whether the board has exceeded the scope of its statutory authority in promulgating the emergency rule; (2) whether there exists an emergency justifying the promulgation of such rule; and (3) whether the rule was promulgated in compliance with the requirements and prohibitions contained in this section. The commission may recommend to the board, the Legislature, or the Secretary of State such action as it may deem proper."
The bill was then ordered to third reading.
Delegate DeLong moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 359), 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, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 360), and there were--yeas 90, nays 7, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Armstead, Ashley, Carmichael, Ellem, Lane, Overington and Sobonya.
Absent And Not Voting: Blair, 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. 657) 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. 657 - "A Bill to amend and reenact §18-2E-5 and §18-2E-5a of the Code of West Virginia, 1931, as amended; to further said code by adding thereto a new section designated §18-2E- 5d; and to amend and reenact §29A-3B-9 and §29A-3B-10 of said code, all relating to public education generally; standards, assessment and accountability for student performance and progress; requiring 21st Century Skills Initiative incorporation into standards; renaming unified improvement plans as strategic improvement plans; revising uniform statewide student assessment program; providing annual performance measures for the No Child Left Behind Act of 2001; providing state annual performance measures; providing additional category of school accreditation and renaming existing category; revising criteria for accreditation status; providing for appeal of on-site findings and report to oversight commission; providing that offices and contracts of associate and assistant superintendents may be declared vacant and voided during state intervention; removing obsolete provisions; providing for study of public school report plan; report; and allowing electronic filing of state board rules with the Legislative Oversight Commission on Education Accountability."
Delegate DeLong moved that the bill take effect July 1, 2007.
On this question, the yeas and nays were taken (Roll No. 361), 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: Blair, 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. 657) 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.
S. B. 667, Creating WV Andrew J. Trail Purple Heart Recipient College Bill of Rights Act of 2007; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Education, was reported by the Clerk and adopted, amending the bill on page one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
"That §15-1B-21 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be further amended by adding thereto a new section, designated §18B- 10-10, all to read as follows:
CHAPTER 15. PUBLIC SAFETY.

ARTICLE 1B. NATIONAL GUARD.

§15-1B-21. Tuition and fees for guard members at institutions of higher education.

(a) Any member of the Army National Guard or Air National Guard who is enrolled in a course of undergraduate study or a Master's degree program and is attending any accredited college, university, business or trade school located in West Virginia or is attending any aviation school located in West Virginia for the purpose of taking college-credit courses, may be entitled to payment of tuitions and fees at that college, university, business or trade school or aviation school during the period of his or her service in the National Guard. Provided, That The Adjutant General may prescribe criteria of eligibility for payment of tuition and fees at the college, university, business or trade school or aviation school. Provided, however, That The payment is contingent upon appropriations being made by the Legislature for this express purpose. A member may receive payment for only one Master's degree pursuant to this section.
(b) The amount of the payment for members attending a state-supported school shall be determined by the Adjutant General and may not exceed the actual amount of tuition and fees at the school. The amount of the payment for members attending a private school shall be determined by the Adjutant General, but in no any event may it not exceed the highest amounts payable at any state-supported school.
(c) Any member of the Army National Guard or Air National Guard who is enrolled in a course of postgraduate undergraduate study or a Master's degree program and is attending any accredited college or university located in West Virginia, and is receiving payments under the Army a federally funded continuing education system, may be entitled to payment of tuition and fees at that college or university during his or her period of service in the Army National Guard or Air National Guard: Provided, That the sum of payments received under this subsection and the Army a federally funded continuing education system may not exceed the actual amount of tuition and fees at the school and in no event may exceed the highest amounts payable at any state-supported school. The payments are contingent upon appropriations being made by the Legislature for this express purpose. (d) The Adjutant General may, in lieu of the tuition payment authorized by this section, pay an amount equal to the amount of tuition which otherwise would have been paid, directly to members of the West Virginia Army National Guard or West Virginia Air National Guard who are participating in the PROMISE Scholarship program provided in article seven, chapter eighteen-c of this code.
(e) A member of the West Virginia Army National Guard or West Virginia Air National Guard who is receiving payments for tuition and fees under this section, and is discharged from the military service due to wounds or injuries received in the line of duty, may continue to receive payments for tuition and fees under this section as if he or she were still a member. of the West Virginia National Guard.
(f) The Adjutant General shall administer the tuition and fee payments authorized under this section and shall propose policies to implement the provisions of this section.
CHAPTER 18B. HIGHER EDUCATION.

ARTICLE 10. FEES AND OTHER MONEY COLLECTED AT STATE INSTITUTIONS OF HIGHER EDUCATION.
§18B-10-10. The Medal of Honor and Andrew J. Trail Purple Heart Recipient Tuition Waiver.

(a) This section is known as 'The Medal of Honor and Andrew J. Trail Purple Heart Recipient Tuition Waiver'.
(b) A state institution of higher education shall waive undergraduate tuition and mandatory fee charges for a state resident that has been honorably discharged from any branch of the United States armed forces if that resident:
(1) Has received the Medal of Honor or a Purple Heart Medal. The waiver pursuant to this subdivision is for the amount of tuition and mandatory fee charges that exceeds the total amount of any state and federal education benefits, grants or scholarships received by the resident;
(2) Has received the Medal of Honor or a Purple Heart Medal and sustained wounds during military combat that resulted in either a permanent disability or a loss of limb. The waiver pursuant to this subdivision is for the amount of tuition and mandatory fee charges that exceeds state and federal education benefits, grants or scholarships received by the resident that are designated solely for tuition and mandatory fees.
(c) Tuition and mandatory fee waivers provided pursuant to this section are not counted when determining the maximum number of waivers permitted at an institution by section five of this article.
(d) A tuition and mandatory fee waiver is available pursuant to this section for a maximum of eight semesters."
The bill was then ordered to third reading.
Com. Sub. for S. B. 672, Including boat retailers in special method for appraising dealer vehicle inventory; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page one, following the enacting section by striking the remainder of the bill and inserting in lieu thereof the following:
"That §11-6C-1, §11-6C-2, §11-6C-3, §11-6C-4 and §11-6C-5 of the code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 6C. SPECIAL METHOD FOR APPRAISING DEALER VEHICLE INVENTORY, DEALER MOTORBOAT INVENTORY, DAILY PASSENGER RENTAL CAR INVENTORY, AND HOUSE TRAILER AND FACTORY-BUILT HOMES INVENTORY.

§11-6C-1. Inventory included within scope of article.

Notwithstanding any other provisions of law, inventory of vehicles, as that term is defined in section one, article one, chapter seventeen-b of this code, that is held for sale or lease by new or used vehicle dealers licensed under the provisions of article six, chapter seventeen-a of this code, or held for sale or lease by daily passenger car rental businesses licensed under the provisions of article six-d of said chapter seventeen-a, and inventory of motorboats, as that term is defined in section one, article six, chapter seventeen-a of this code, that is held for sale or lease by a recreational vehicle dealer, as that term is defined in section one, article six, chapter seventeen-a of this code, that is licensed under the authority of section three, article six, chapter seventeen-a of this code provided that house trailers and factory-built homes shall be included within the scope of this article, consisting of individual units of personal new or used property, each unit of which, upon its sale to a retail purchaser, must, as a matter of law, be titled in the name of the retail purchaser and registered with the division of motor vehicles, shall be appraised for assessment purposes, as set forth in this article: Provided, That house trailers and factory-built homes shall be included within the scope of this article.
This article does not apply to units of inventory which are included in fleet sales, transactions between dealers or classified as heavy duty trucks of sixteen thousand pounds or more gross vehicular weight. For purposes of this article, inventory subject to the provisions of this article shall be denoted 'dealer vehicle inventory', 'dealer motorboat inventory', 'daily passenger rental car inventory', and 'house trailer and factory built homes inventory'.
§11-6C-2. Method for determining market value of dealer vehicle inventory, dealer motorboat inventory, daily passenger rental car inventory, and house trailer and factory built homes inventory.

(a) For purposes of appraisal, the market value of dealer vehicle inventory and dealer motorboat inventory, as of the first day of July of each year, shall be the gross sales or total annual sales of such inventory made by such dealer during the preceding calendar year, divided by twelve, for a dealer with respect to which or whom sales were made during the entire preceding year. For the purposes of this article, 'gross sales' or 'total annual sales' means the amount received in money, credits, property, services or other consideration from sales within this state without deduction on account of the cost of the property sold, amounts paid for interest or any other expenses whatsoever. Gross sales or total annual sales shall not be reduced by the value of an item of tangible personal property which is traded in for the purpose of reducing the purchase price of the item purchased. In the case of dealers who were not in business during the entire calendar year immediately preceding the first day of July of that calendar year, the assessor shall estimate the market value of such inventory based on such data as may be available to him or her: Provided, That the assessor may extrapolate estimates using such sales data as may be available and reliable when sales are made for a period of three months or more during the prior year: Provided, however, That there shall be excluded from the appraisal calculations the value of those units which were not physically held as inventory by the owner of the inventory at any time during the preceding year. In all cases, the market value, so derived, shall serve as the basis for calculating the appraised value.
(b)For purposes of appraisal, the market value of daily passenger rental car inventory, as of the first day of July of each year, shall be the gross value of all daily passenger rental cars made available by a daily passenger rental car business on the first day of each month of the immediately preceding calendar year: Provided; That the daily passenger rental car business shall add together the gross values and divide that sum by twelve. For purposes of this article, 'gross value' means the lowest value for each vehicle as shown in a nationally accepted used car guide determined by the Tax Commissioner. To calculate the 'gross value' of any vehicle that does not appear in a nationally accepted used car guide, the Tax Commissioner shall determine the per cent of the manufacturer's suggested retail price for each such vehicle held as a daily passenger rental car without deduction on account of the cost of any inventory, amounts paid for interest or any other expenses whatsoever. In the case of daily passenger rental car businesses that were not in business during the entire calendar year immediately preceding the first day of July of that calendar year, the assessor shall estimate the market value of such daily passenger rental car inventory based on such data as may be available to him or her: Provided, That the assessor may extrapolate estimates using the daily passenger rental car data that is made available and reliable when rentals were made for a period of three months or more during the prior year: Provided, however, That there shall be excluded from the appraisal calculations the value of those units which were not physically held as daily passenger rental car inventory by the owner of the daily passenger rental car inventory at any time during the preceding year. In all cases, the gross value of daily passenger rental car inventory, so derived, shall serve as the basis for calculating the appraised value of the inventory. For purposes of this article, 'daily passenger rental car inventory' includes all motor vehicles licensed as a class A motor vehicle as defined in section one, article ten, chapter seventeen-a of this code.
(c) For purposes of appraisal, the market value of house trailer and factory-built homes inventory, as of the first day of July of each year, shall be the gross sales or total annual sales of such inventory made by such dealer during the preceding calendar year, divided by twelve, for a dealer with respect to which or whom sales were made during the entire preceding year. For the purposes of this article, 'gross sales' or 'total annual sales' means the amount received in money, credits, property, services or other consideration from sales within this state without deduction on account of the cost of the property sold, amounts paid for interest or any other expenses whatsoever. Gross sales or total annual sales shall not be reduced by the value of an item of tangible personal property which is traded in for the purpose of reducing the purchase price of the item purchased. In the case of dealers who were not in business during the entire calendar year immediately preceding the first day of July of that calendar year, the assessor shall estimate the market value of such inventory based on such data as may be available to him or her:
Provided, That the assessor may extrapolate estimates using such sales data as may be available and reliable when sales are made for a period of three months or more during the prior year: Provided, however, That there shall be excluded from the appraisal calculations the value of those units which were not physically held as inventory by the owner of the inventory at any time during the preceding year. In all cases, the market value, so derived, shall serve as the basis for calculating the appraised value.
§11-6C-3.  Owner to file return estimating market value.
The owner of dealer vehicle inventory, daily passenger rental car inventory, dealer motorboat inventory, or house trailer and factory built homes inventory shall report the market value of such inventory, derived as set forth in section two of this article, to the assessor, as a part of the return required by law to be filed annually pursuant to the provisions of this chapter.
§11-6C-4.  Determination of tax on dealer vehicle inventory, daily passenger rental car inventory, dealer motorboat inventory, or house trailer and factory built homes inventory.

The annual amount of tax levied upon the dealer vehicle inventory, daily passenger rental car inventory, dealer motorboat inventory, or house trailer and factory built homes inventory pursuant to article eight of this chapter shall be based upon the market value as determined pursuant to this article, times the assessment percentage then provided by law.
§11-6C-5.  Intent of this article; tax commissioner to promulgate rules.

(a) This article is adopted to address the lack of uniformity, audit difficulties and business management issues arising in this state with respect to the assessment of the personal property held as new and used dealer vehicle inventory, daily passenger rental car inventory, dealer motorboat inventory, or house trailer and factory built homes inventory. Accordingly, the Legislature finds and declares that the adoption of this article will provide a more reliable and uniform method of determining market value of dealer vehicle inventory, daily passenger rental car inventory, dealer motorboat inventory, or house trailer and factory built homes inventory; minimize audit problems associated with such property; provide a predictable revenue stream for levying bodies; maximize the owner's ability to manage inventory; and provide clear guidance to local authorities by superseding the wide variety of otherwise lawful appraisal methods now in use in this state.
(b) The tax commissioner shall have the power to promulgate such rules as may be necessary to implement the provisions of this article: Provided, That the tax commissioner shall provide to the joint committee on government and finance by the first day of March for the next two fiscal years a report detailing the results of the administration of this article."
The bill was then ordered to third reading.
Com. Sub. for S. B. 678, Eliminating certain taxes for production and severance of coalbed methane; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 690, Exempting consumers sales and service tax on highway construction and maintenance materials; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page thirty-three, section nine, line six hundred thirty-one, following the words "highway project" and the colon, by striking out the words "Provided, That the reimbursement shall be to Division of Highways: Provided, however, That at the end of each fiscal year," and inserting in lieu thereof the words "Provided, That in lieu of any refund or credit to the person that paid the tax imposed by this article, the Tax Commissioner shall pay to the Division of Highways for deposit into the State Road Fund of the State reimbursement for the tax in the amount estimated under the provisions of this subdivision: Provided, however, That by the fifteenth day of June of each fiscal year,".
And,
On page thirty-four, section nine, line six hundred forty-two, following the period, by inserting a new sentence to read as follows: "The amount of the reimbursement shall be calculated at six percent of the forty percent."
The bill was then ordered to third reading.
S. B. 707, Increasing jail processing fee amount; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page two, section thirty, line seventeen, by striking out the words "a receipt for the amount paid" and the comma.
The bill was then ordered to third reading.
S. B. 712, Relating to wine regulations; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Agriculture and Natural Resources , was reported by the Clerk on page three, by striking out everything following the enacting clause by inserting the following:
"That §11-10-5s of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §17-22-7 of said code be amended and reenacted; that §60-1-5a of said code be amended and reenacted; that §60-3A-18 of said code be amended and reenacted; that §60-4-2, §60-4-3, §60-4-3a, §60-4-15 and §60-4-22 of said code be amended and reenacted; that said code be amended by adding thereto a new section, designated §60-4-3b; that §60-6-1 and §60-6-2 of said code be amended and reenacted; that §60-8-1, §60-8-2, §60-8-3, §60-8-4, §60-8-5, §60-8-6, §60-8-7, §60-8-16, §60-8-18, §60-8-19, §60-8-20, §60-8-23, §60-8-24, §60-8-25, §60-8-26, §60-8-28, §60-8-29, §60-8-30, §60-8- 31, §60-8-32 and §60-8-34 of said code be amended and reenacted; and that said code be amended by adding thereto a new section, designated §60-8-6a, all to read as follows:
CHAPTER 11. TAXATION.

ARTICLE 10. PROCEDURE AND ADMINISTRATION.
§11-10-5s. Disclosure of certain taxpayer information.
(a) Purpose. -- The Legislature hereby recognizes the importance of confidentiality of taxpayer information as a protection of taxpayers' privacy rights and to enhance voluntary compliance with the tax law. The Legislature also recognizes the citizens' right to accountable and efficient state government. To accomplish these ends, the Legislature hereby creates certain exceptions to the general principle of confidentiality of taxpayer information.
(b) Exceptions to confidentiality. --
(1) Notwithstanding any provision in this code to the contrary, the Tax Commissioner shall publish in the State Register the name and address of every taxpayer, and the amount, by category, of any credit asserted on a tax return under articles thirteen-c, thirteen-d, thirteen-e, thirteen-f, thirteen-g, thirteen-q, thirteen-r and thirteen-s of this chapter and article one, chapter five-e of this code. The categories by dollar amount of credit received shall be as follows:
(A) More than one dollar, but not more than fifty thousand dollars;
(B) More than fifty thousand dollars, but not more than one hundred thousand dollars;
(C) More than one hundred thousand dollars, but not more than two hundred fifty thousand dollars;
(D) More than two hundred fifty thousand, but not more than five hundred thousand dollars;
(E) More than five hundred thousand dollars, but not more than one million dollars; and
(F) More than one million dollars.
(2) Notwithstanding any provision in this code to the contrary, the Tax Commissioner shall publish in the State Register the following information regarding any compromise of a pending civil tax case that occurs on or after the effective date of this section in which the Tax Commissioner is required to seek the written recommendation of the Attorney General and the Attorney General has not recommended acceptance of the compromise or when the Tax Commissioner compromises any civil tax case for an amount that is more than two hundred fifty thousand dollars less than the assessment of tax owed made by the Tax Commissioner:
(A) The names and addresses of taxpayers that are parties to the compromise;
(B) A summary of the compromise;
(C) Any written advice or recommendation rendered by the Attorney General regarding the compromise; and
(D) Any written advice or recommendation rendered by the Tax Commissioner's staff.
Under no circumstances may the tax return of the taxpayer or any other information which would otherwise be confidential under any other provisions of law be disclosed pursuant to the provisions of this subsection.
(3) Notwithstanding any provision in this code to the contrary, the Tax Commissioner may disclose any relevant return information to the prosecuting attorney for the county in which venue lies for a criminal tax offense when there is reasonable cause, based upon and substantiated by the return information, to believe that a criminal tax law has been or is being violated.
(4) Notwithstanding any provision in this code to the contrary, the Tax Commissioner may enter into written exchange of information agreements with the commissioners of Labor, Employment Security, Alcohol Beverage Control, and Workers' Compensation to disclose and receive timely return information: Provided, That the Tax Commissioner may promulgate rules pursuant to chapter twenty-nine-a of this code regarding further agencies with which written exchange of information agreements may be sought: Provided, however, That the Tax Commissioner may not promulgate emergency rules regarding further agencies with which written exchange of information agreements may be sought. The agreements shall be published in the State Register and shall only be for the purpose of facilitating premium collection, tax collection and facilitating licensure requirements directly enforced, administered or collected by the respective agencies. The provisions of this subsection shall not be construed to preclude or limit disclosure of tax information authorized by other provisions of this code. Any confidential return information so disclosed shall remain confidential in the hands of the other division to the extent provided by section five-d of this article and by other applicable federal or state laws.
(5) Notwithstanding any provision of this code to the contrary, the Tax Commissioner may enter into a written agreement with the State Treasurer to disclose to the State Treasurer the following business registration information:
(A) The names, addresses and federal employer identification numbers of businesses which have registered to do business in West Virginia; and
(B) The type of business activity and organization of those businesses. Disclosure of this information shall begin as soon as practicable after the effective date of this subsection and may be used only for the purpose of recovery and disposition of unclaimed property in accordance with the provisions of article eight, chapter thirty-six of this code. The provisions of this subsection shall not be construed to preclude or limit disclosure of tax information authorized by other provisions of this code. Any confidential return information disclosed hereunder or thereunder shall otherwise remain confidential to the extent provided by section five-d of this article and by other applicable federal or state laws.
(c) Tax expenditure reports. -- Beginning on the fifteenth day of January, one thousand nine hundred ninety-two, and every fifteenth day of January thereafter, the Governor shall submit to the President of the Senate and the Speaker of the House of Delegates a tax expenditure report. This report shall expressly identify all tax expenditures. Within three-year cycles, the reports shall be considered together to analyze all tax expenditures by describing the annual revenue loss and benefits of the tax expenditure based upon information available to the Tax Commissioner. For purposes of this section, the term 'tax expenditure' shall mean a provision in the tax laws administered under this article, including, but not limited to, exclusions, deductions, tax preferences, credits and deferrals designed to encourage certain kinds of activities or to aid taxpayers in special circumstances: Provided, That the Tax Commissioner shall promulgate rules setting forth the procedure by which he or she will compile the reports and setting forth a priority for the order in which the reports will be compiled according to type of tax expenditure.
(d) Federal and state return information confidential. -- Notwithstanding any other provisions of this section or of this code, no return information made available to the Tax Commissioner by the Internal Revenue Service or department or agency of any other state may be disclosed to another person in any manner inconsistent with the provisions of Section 6103 of the Internal Revenue Code of 1986, as amended, or of the other states' confidentiality laws.
CHAPTER 17. ROAD AND HIGHWAYS.

ARTICLE 22. OUTDOOR ADVERTISING.
§17-22-7. Exceptions to prohibited signs; standards for excepted signs.

The provisions of section three of this article shall not apply to the following: (a) Directional and other official signs and notices required or authorized by law, including, but not limited to, signs and notices pertaining to natural wonders, farm wineries, mini-distilleries, scenic and historical attractions, which such signs and notices shall conform to standards respecting lighting, size, number, spacing and such other appropriate requirements as may be designated and specified by the Secretary of Transportation of the United States: Provided, That the Commissioner of the Department of Highways shall not establish any standards respecting lighting, size, number, spacing and other appropriate requirements which are stricter than such standards designated and specified by the Secretary of Transportation of the United States; (b) signs, displays and devices advertising the sale or lease of property upon which they are located; and (c) signs, displays and devices advertising activities conducted on the property on which they are located, including markers of underground utility facilities.
CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.

ARTICLE 1. GENERAL PROVISIONS.
§60-1-5a. Farm wineries defined.

(a) For the purpose of this chapter: 'Farm winery' means an establishment where in any year fifty thousand gallons or less of wine and nonfortified dessert wine is are manufactured exclusively by natural fermentation from grapes, other fruits or honey or other agricultural products containing sugar and where port, sherry and Madeira wine may also be manufactured, with twenty-five percent of such raw products being produced by the owner of such farm winery on the premises of that establishment and no more than twenty-five percent of such produce originating from any source outside this state. Any port, sherry or Madeira wine manufactured by a winery or a farm winery must not exceed an alcoholic content of twenty-two percent alcohol by volume and shall be matured in wooden barrels or casks.
(b) Notwithstanding the provisions of subsection (a) of this section, a farm winery may include one off-farm location. The owner of a farm winery may provide to the commissioner evidence, accompanied by written findings by the West Virginia Agriculture Commissioner in support thereof, that the owner has planted on the premises of the farm winery young nonbearing fruit plants. The commissioner may grant permission for one off-farm location in an amount equal to that reasonably expected to be produced when the nonbearing fruit plants planted on the farm winery come into full production. The length of time of the permission to use an off-farm location shall be determined by the commissioner after consultation with the Agriculture Commissioner.
(c) For purposes of this definition and when used in this chapter to refer to the product of a farm winery or the product of the holder of a farm winery license, 'wine' includes dessert wines manufactured exclusively by natural fermentation and port, sherry and Madeira wines having an alcoholic content of not more than twenty-two percent alcohol by volume and which have been matured in wooden barrels or casks.
ARTICLE 3A. SALES BY RETAIL LIQUOR LICENSES.
§60-3A-18. Days and hours retail licensees may sell liquor.

Retail licensees may not sell liquor on Sundays, Christmas or election day, or between the hours of ten o'clock p.m. twelve midnight and eight o'clock a. m., except that wine and fortified wines may be sold on such days and at such times as authorized in section thirty-four, article eight of this chapter.
ARTICLE 4. LICENSES.
§60-4-2. Licenses for manufacture.
The commission may grant licenses for the manufacture of alcoholic liquors. Separate licenses shall be issued to the following classes of manufacturing establishments:
(1) Distilleries, in which only alcoholic liquors other than wine or beer is manufactured;
(2) Wineries, in which only wines are manufactured;
(3) Breweries, in which beer is manufactured;
(4) Bottling plants, in which beer only is bottled;
(5) Industrial plants, in which alcohol is distilled, manufactured or otherwise produced for scientific, chemical, mechanical or industrial purposes;
(6) Farm wineries in which only wines are manufactured; and from which the wine so manufactured may be served or sold or both served and sold in accordance with the provisions of this chapter; and
(7) Mini-distilleries in which only alcoholic liquors other than wine, beer or nonintoxicating beer are manufactured.
§60-4-3. To whom licensed manufacturer may sell.
A person who is licensed to manufacture alcoholic liquors in this state may sell liquors in this state only to the West Virginia Alcohol Beverage Control Commissioner and to wholesalers and retailers licensed as provided in this chapter: Provided, That a holder of a winery or a farm winery license may sell wines, and a holder of a distillery or a mini-distillery license may sell alcoholic liquors manufactured by it in this state in accordance with the provisions of section two, article six of this chapter. Hours of retail sale by a winery or a farm winery or distillery or a mini-distillery is subject to regulation by the commissioner. The commissioner may not promulgate any rule which prohibits the holder of a farm winery license from the advertising of a particular brand or brands of wine produced by it, and the price of the wine: Provided, however, That price may not be advertised in medium of electronic communication subject to the jurisdiction of the Federal Communications Commission. A manufacturer winery, distillery, farm winery or mini-distillery may sell and ship alcoholic liquors outside of the state subject to provisions of this chapter.
§60-4-3a. Distillery and mini-distillery license to manufacture and sell.
(a) Sales of liquor. -- An operator of a distillery or a mini-distillery may offer liquor for retail sale to customers from the distillery or the mini-distillery for consumption off premises only. Except for free complimentary samples offered pursuant to section one, article six of this chapter, customers are prohibited from consuming any liquor on the premises of the distillery or the mini-distillery.
(b) Retail sales. -- Every licensed distillery or mini-distillery shall comply with the provisions of sections nine, eleven, thirteen, sixteen, seventeen, eighteen, nineteen, twenty-two, twenty-three, twenty-four, twenty-five and twenty-six of article three-a of this chapter and the provisions of article three and four of this chapter applicable to liquor retailers and distillers.
(c) Payment of taxes and fees. -- The distillery or mini-distillery shall pay all taxes and fees required of licensed retailers and meet applicable licensing provisions as required by this chapter and by rule of the commissioner.
(d) Payments to market zone retailers. -- Each distillery or mini-distillery shall submit to the commissioner ten percent of the gross sales price or each retail liquor sale for the value of all sales at the distillery or the mini-distillery each month. This collection shall be distributed by the commissioner, at least quarterly, to each market zone retailer located in the distillery or mini- distillery's market zone, proportionate to each market zone retailer's annual gross prior years pre-tax value sales.
(e) Limitations on licensees. -- No distillery or mini-distillery may sell more than three thousand gallons of product at the distillery or mini-distillery location the initial two years of licensure. The distillery or mini-distillery may increase sales at the distillery or mini-distillery location by two thousand gallons following the initial twenty-four month period of licensure, and may increase sales at the distillery or mini-distillery location each subsequent twenty-four month period by two thousand gallons, not to exceed ten thousand gallons a year of total sales at the distillery or mini-distillery location. No licensed mini-distillery may produce more than twenty thousand gallons per calendar year at the mini-distillery location. No more than one distillery or mini-distillery license may be issued to a single person or entity, and no person may hold both a distillery and a mini-distillery license.
§60-4-3b. Winery and farm winery license to manufacture and sell.
(a)
Sales of wine. -- An operator of a winery or farm winery may offer wine produced by the winery or farm winery for retail sale to customers from the winery or farm winery for consumption off the premises only. Except for free complimentary samples offered pursuant to section one, article six of this chapter, customers are prohibited from consuming any wine on the premises of the winery or farm winery, unless such winery or farm winery has obtained a multi capacity winery or farm winery license.
(b)
Retail sales. -- Every licensed winery or farm winery shall comply with the provisions of articles three, four, and eight of this chapter as applicable to wine retailers, wineries and suppliers when properly licensed in such capacities.
(c)
Payment of taxes and fees. -- The winery or farm winery shall pay all taxes and fees required of licensed wine retailers and meet applicable licensing provisions as required by this chapter and by rule of the commissioner. Each winery or farm winery acting as its own supplier shall submit to the Tax Commissioner the liter tax for all sales at the winery or farm winery each month, as provided in article eight of this chapter.
(d)
Advertising. -- A winery or farm winery may advertise a particular brand or brands of wine produced by it, and the price of the wine subject to federal requirements or restrictions.
(e)
Limitations on licensees. -- A winery or farm winery must maintain separate winery or farm winery supplier, retailer and direct shipper licenses when acting in one or more of those capacities, and must pay all associated license fees, unless such winery or farm winery holds a license issued pursuant to the provisions of subdivision (12), subsection (b) section three, article eight of this chapter. A winery or farm winery, if holding the appropriate licenses or a multi-capacity winery or farm winery license, may act as its own supplier; retailer for off-premises consumption of its wine as specified in section two, article six of this chapter; private wine restaurant; and direct shipper for wine produced by the winery or farm winery. All wineries must use a distributor to distribute and sell their wine in the state, except for farm wineries. No more than one winery or farm winery license may be issued to a single person or entity, and no person may hold both a winery and a farm winery license.
§60-4-15. Amount of license fees.
A person to whom a license is issued under the provisions of this chapter shall pay annually to the commissioner a license fee as follows, for:
(1) Distilleries, one thousand five hundred dollars;
(2) Wineries, one thousand five hundred dollars;
(3) Breweries, two hundred fifty one thousand five hundred dollars;
(4) Bottling plants, one hundred dollars;
(5) Wholesale druggists, fifty dollars;
(6) Institutions, ten dollars;
(7) Industrial use, fifty dollars;
(8) Industrial plants producing alcohol, two hundred fifty dollars;
(9) Retail druggists, ten dollars;
(10) Farm wineries, fifty dollars;
(11) Mini-distilleries, fifty dollars.
§60-4-22. Wholesale representatives' licenses.
No A person, firm or corporation shall may not be or act or serve as an agent, broker or salesman selling or offering to sell or soliciting or negotiating the sale of alcoholic liquor to the commission or to any distributor licensed pursuant to article eight of this chapter without first obtaining a license so to do in accordance with the provisions of this section. Only salaried employees of distilleries, manufacturers, producers or processors of alcoholic liquor may be licensed hereunder, and no person may be licensed hereunder who sells or offers to sell alcoholic liquor to the commission or any distributor on a fee or commission basis. The commission shall be the licensing authority and may grant to persons of good moral character the license herein provided, and may refuse to grant such license to any person heretofore convicted of a felony within ten years prior to his or her application for such license; refuse to grant, suspend or revoke licenses. Licenses shall be on an annual basis for the period from the first day of July until the thirtieth day of June next following. New and renewal licenses shall be granted only upon verified application to the commission presented on forms provided by the commission. Any person representing more than one producer, manufacturer or distributor of alcoholic liquors shall file a separate application and shall obtain a separate license for each such representation. The annual license fee shall be one hundred dollars. The fee for any license granted for the remainder of any license year between the first day of January and the thirtieth day of June of the same calendar year shall be fifty dollars.
No person who is the father, mother, son, daughter, brother, sister, uncle, aunt, nephew or niece of a member of the commission or of any elected or appointed state official, county official or municipal official, or who is the spouse of any such person so related to a member of the commission or to any elected or appointive state official, county official or municipal official, may be granted a license. hereunder. No member of the Legislature or the spouse of any such member may be granted a license. hereunder. Nor shall may any member or officer of any political party executive committee of this state or the spouse of any such member or officer be granted a license. hereunder.
In addition to all other information which the commission may require to be supplied on the license application forms, each applicant shall be required to state his or her name and his or her residence address and the name and business address of the producer, manufacturer or distributor he represents; the name and address of each additional producer, manufacturer or distributor of alcoholic liquors he or she represents; the monetary total of all alcoholic liquor sales, if any, made by him or her to the commission or to any distributor licensed pursuant to article eight of this chapter during the fiscal year preceding the license year for which he or she is seeking a license; the monetary total of the gross income received by him or her on such sales, if any, during such fiscal year; whether he or she has, during such fiscal year, made or given, voluntarily or on request, any gift, contribution of money or property to any member or employee of the commission or of any distributor licensed pursuant to article eight of this chapter or to or for the benefit of any political party committee or campaign fund; and his or her relationship, if any, by blood or marriage, to any member of the commission or to any elected or appointive state official, county official or municipal official. All such applications shall be verified by oath of the applicant and shall be prepared and filed in duplicate. All such applications and a current list of all licensees hereunder shall be matters of public record and shall be available to public inspection at the commission's offices at the state capitol. Every licensee who ceases to be an agent, broker or salesman, as herein contemplated, shall so advise the commission in writing and such person's name shall be immediately removed from the license list and his or her license shall be canceled and terminated.
Except as to owners, principal officers or employees of farm wineries, All persons licensed hereunder under this section shall be full-time salaried employees authorized representatives of the wineries, farm wineries, distilleries, mini-distilleries, manufacturers, producers or processors of alcoholic liquor they represent. and shall devote their full time to the duties of such employment and shall have and engage in no other remunerative occupation or calling at the same time. No such A licensed person shall may not share, divide or split his or her salary with any person other than his wife or some legal dependent, nor shall may he or she make any contribution to any political party campaign fund in this state.
All licensees hereunder shall be subject to all other provisions of this chapter and to the lawful rules and regulations promulgated by the commission. Licenses may be refused, suspended or revoked by the commission for cause, including any of the applicable grounds of revocation specified in section nineteen of this article. Provisions of this article relating to notice, hearing and appeals shall, to the extent applicable, govern procedures on suspension and revocation of licenses hereunder.
Any person, firm or corporation violating any provision of this section, including knowingly making of any false statement in a verified application for a license shall be guilty of a misdemeanor offense and shall, upon conviction thereof, be fined not exceeding one thousand dollars or imprisoned in jail not exceeding twelve months, or be subject to both such fine and imprisonment in the discretion of the court.
ARTICLE 6. MISCELLANEOUS PROVISIONS.
§60-6-1. When lawful to possess, use or serve alcoholic liquors.

The provisions of this chapter may not prevent:
(1) A person from keeping and possessing alcoholic liquors in his or her residence for the personal use of himself or herself, his or her family, his or her employee or his or her guests if the alcoholic liquors have been lawfully acquired by him or her;
(2) A person, his or her family, or employee from giving or serving such alcoholic liquors to guests in the residence, when the gift or service is not for the purpose of evading the provisions of this chapter;
(3) The holder of a winery or a farm winery license from serving complimentary samples of its wine in moderate quantities for tasting at on the winery or the farm winery premises; and
(4) The holder of a distillery or a mini-distillery license from serving complimentary samples of its alcoholic liquor in moderate quantities for tasting at on the distillery or the mini-distillery premises.
§60-6-2. When lawful to manufacture and sell wine and cider.
The provisions of this chapter may not prevent:
(1) A person from manufacturing wine at his or her residence for consumption at his or her residence as permitted by section one of this article;
(2) A person from manufacturing and selling unfermented cider;
(3) A person from manufacturing and selling cider made from apples produced by him or her within this state to persons holding distillery licenses, if the manufacture and sale is under the supervision and regulation of the commissioner;
(4) A person from manufacturing and selling wine made from fruit produced by him or her within this state to persons holding winery licenses, if the manufacture and sale is under the supervision and regulation of the commissioner;
(5) The holder of a winery or a farm winery license from selling wine produced by it directly for off-premises consumption sold at retail to consumers at the winery or the farm winery, as provided in section four, article three-b of this chapter, and at one off-farmsite winery location or to for any other person who is licensed under this chapter to sell wine as a wine supplier or distributor; either at wholesale or at retail: Provided, That the winery may ship wines from the farm winery without the bonding requirements of a transporter: Provided, however, That notwithstanding any other provisions of law to the contrary, an individual or licensee in a state which affords the wineries of this state equal reciprocal shipping privileges may ship for personal use and not for resale not more than two cases of wine per month to any adult resident in this state. For purposes of this subdivision, 'wine' includes dessert wines manufactured exclusively by natural fermentation and port, sherry and Madeira wines having an alcoholic content of not more than twenty-two percent alcohol by volume and which have been matured in wooden barrels or casks; and
(6) The holder of a distillery or a mini-distillery license from selling alcoholic liquor for off- premises consumption sold at retail at the distillery or the mini-distillery, as provided in section four, article three-a of this chapter.
ARTICLE 8. SALE OF WINES.
PART I. CONSTRUCTION AND APPLICATION OF ARTICLE.

§60-8-1. Construction and application of article.
(a) Every supplier must use a distributor to distribute wine for retail sale in this state, except for such sales that occur by wineries, farm wineries or suppliers holding a direct shipper's license or farm wineries holding a multi-capacity farm winery license. The provisions of Part II of this article shall have general application to the distribution and retail sale of wine in this state. The provisions of Part III of this article shall relate solely to the distribution and the regulation of suppliers and distributors of such wines as may be permitted to be sold at retail pursuant to the provisions of this article. The provisions of Part IV of this article shall relate solely to the retail sale of wine in grocery stores as the term 'grocery store' is defined in this article and the retail sale of wine in wine specialty shops as defined in this article. In the event of any inconsistency of any provisions of Part II and the provisions of either Part III or Part IV of this article, the provisions of either Part III or Part IV shall prevail to the extent of such inconsistency.
(b) In the event of any inconsistency between any of the provisions of this article and provisions of any other article of this chapter or of this code, the provisions of this article shall prevail to the extent of any such inconsistency.
(c) To the extent the provisions of this chapter exclusive of this article may be given application without creating an inconsistency with the provisions of this article, the provisions of this chapter, exclusive of this article, shall apply to the same extent as if this article did not exist.
PART II. SALE OF WINE GENERALLY.

§60-8-2. Definitions.
Unless the context in which used clearly requires a different meaning, as used in this article:
'Commissioner' or 'commission' means the West Virginia Alcohol Beverage Control Commissioner.
'Distributor' means any person whose principal place of business is within the State of West Virginia and who is engaged in makes purchases from a supplier to selling sell or distributing distribute wine to retailers, grocery stores, or private wine bed and breakfasts, private wine restaurants, private wine spas, private clubs or wine specialty shops and that selling sells or distributing distributes nonfortified dessert wine, port, sherry and Madeira wines to wine specialty shops, private wine restaurants, private clubs or retailers under authority of this article and actually maintains a warehouse in this state for the distribution of wine.
'Fortified wine' shall mean any wine to which brandy or other alcohol has been added and shall include dessert wines which are not fortified having an alcohol content by volume of at least fourteen and one-tenths percent and not exceeding sixteen percent. Provided, That a dessert wine manufactured exclusively by natural fermentation and having an alcoholic content of not more than twenty-two percent alcohol by volume and which has been matured in wooden barrels or casks and manufactured, served or sold by a farm winery is not a fortified wine.
'Grocery store' means any retail establishment, commonly known as a grocery store, supermarket, delicatessen, caterer or party supply store, where food, food products and supplies for the table are sold for consumption off the premises with average monthly sales (exclusive of sales of wine) of not less than five hundred dollars and an average monthly inventory (exclusive of inventory of wine) of not less than three thousand dollars. The term 'grocery store' shall also include and mean a separate and segregated portion of any other retail store which is dedicated solely to the sale of food, food products and supplies for the table for consumption off the premises with average monthly sales with respect to such separate or segregated portion (exclusive of sales of wine) of not less than three thousand dollars and an average monthly inventory (exclusive of inventory of wine) of not less than three thousand dollars.
'Licensee' means the holder of a license granted under the provisions of this article.
'Private wine bed and breakfast' means any business with the sole purpose of providing, in a residential or country setting, a hotel, motel, inn or other such establishment properly zoned as to its municipality or local ordinances, lodging and meals to its customers in the course of their stay at the establishment, which business also: (1) Is a partnership, limited partnership, corporation, unincorporated association or other business entity which as part of its general business purpose provides meals on its premises to its members and their guests; (2) is licensed under the provisions of this article as to all of its premises or as to a separate segregated portion of its premises to serve wine to its members and their guests when such sale accompanies the serving of food or meals; and (3) admits only duly elected and approved dues paying members and their guests while in the company of a member and does not admit the general public.
'Private wine restaurant' means a restaurant which: (1) Is a partnership, limited partnership, corporation, unincorporated association or other business entity which has as its principal purpose the business of serving meals on its premises to its members and their guests; (2) is licensed under the provisions of this article as to all of its premises or as to a separate segregated portion of its premises to serve wine to its members and their guests when such sale accompanies the serving of food or meals; and (3) admits only duly elected and approved dues paying members and their guests while in the company of a member and does not admit the general public. Such private clubs that meet the private wine restaurant requirements numbered (1), (2) and (3) in this definition shall be considered private wine restaurants.
'Private wine spa' means any business with the sole purpose of providing commercial facilities devoted especially to health, fitness, weight loss, beauty, therapeutic services and relaxation, and may be also a licensed massage parlor or a salon with licensed beauticians or stylists, which business also: (1) Is a partnership, limited partnership, corporation, unincorporated association or other business entity which as part of its general business purpose provides meals on its premises to its members and their guests; (2) is licensed under the provisions of this article as to all of its premises or as to a separate segregated portion of its premises to serve up to two glasses of wine to its members and their guests when such sale accompanies the serving of food or meals; and (3) admits only duly elected and approved dues paying members and their guests while in the company of a member, and does not admit the general public.
'Retailer' means any person licensed to sell wine at retail to the public at his or her established place of business for off-premises consumption and who is licensed to do so under authority of this article.
'Supplier' means any manufacturer, producer, processor, winery, farm winery, national distributor or other supplier of wine who sells or offers to sell or solicits or negotiates the sale of wine to any licensed West Virginia distributor.
'Tax' includes within its meaning interest, additions to tax and penalties.
'Taxpayer' means any person liable for any tax, interest, additions to tax or penalty under the provisions of this article and any person claiming a refund of tax.
'Varietal wine' means any wine labeled according to the grape variety from which such wine is made.
'Vintage wine' or 'vintage-dated wine' means wines from which the grapes used to produce such wine are harvested during a particular year or wines produced from the grapes of a particular harvest in a particular region of production.
'Wine' means any alcoholic beverage obtained by the natural fermentation of the natural content of grapes, other fruits or honey or other agricultural products containing sugar and to which no alcohol has been added and shall include table wine, and shall exclude fortified wine and shall also exclude any product defined as or embraced within the definition of nonintoxicating beer under the provisions of article sixteen, chapter eleven of this code. Provided, That 'wine' shall include dessert wines manufactured exclusively by natural fermentation, and port, sherry and Madeira wines having an alcoholic content of not more than twenty-two percent alcohol by volume and which have been matured in wooden barrels or casks if produced by a farm winery as defined in section five-a, article one of this chapter.
'Wine specialty shop' means a retailer who shall deal principally in the sale of table wine, certain nonfortified dessert wines, fortified wines, wine accessories and food or foodstuffs normally associated with wine and: (1) Who shall maintain a representative number of such wines for sale in his or her inventory which are designated by label as varietal wine, vintage, generic and/or according to region of production and the inventory shall contain not less than fifteen percent vintage or vintage-dated wine by actual bottle count; and (2) who, any other provisions of this code to the contrary notwithstanding, may maintain an inventory of port, sherry and Madeira wines having an alcoholic content of not more than twenty-two percent alcohol by volume and which have been matured in wooden barrels or casks.
§60-8-3. Licenses; fees; general restrictions.
(a) Except as to farm wineries as defined by section five-a, article one of this chapter, No person may engage in business in the capacity of a winery, farm winery, supplier, distributor, retailer, private wine bed and breakfast, or private wine restaurant, private wine spa or wine specialty shop without first obtaining a license from the commissioner, nor shall a person continue to engage in any such activity after his or her license has expired, been suspended or revoked. No person may be licensed simultaneously as a distributor and a retailer. No person, except for a winery or farm winery, may be licensed simultaneously as a supplier and a retailer. No person may be licensed simultaneously as a supplier and a private wine bed and breakfast, private wine restaurant or a private wine spa. No person may be licensed simultaneously as a distributor and a private wine bed and breakfast, a private wine restaurant or a private wine spa. No person may be licensed simultaneously or as a retailer and a private wine bed and breakfast, a private wine restaurant or a private wine spa.
(b) The commissioner shall collect an annual fee for licenses issued under this article, as follows:
(1) One hundred fifty dollars per year for a supplier's license;
(1) (2) Twenty-five hundred dollars per year for a distributor's license and each separate warehouse or other facility from which a distributor sells, transfers or delivers wine shall be separately licensed and there shall be collected with respect to each such location the annual license fee of twenty-five hundred dollars as herein provided;
(2) (3) One hundred fifty dollars per year for a retailer's license;
(4) Two hundred fifty dollars per year for a wine specialty shop license, in addition to any other licensing fees paid by a winery or retailer holding such a license, except for the amount of the license fee and the restriction to sales of winery or farm winery wines, a winery or farm winery acting as a wine specialty shop retailer is subject to all other provisions of this article which are applicable to a wine specialty shop retailer as defined in section two of this article;
(3) (5) One hundred fifty dollars per year for a wine tasting license;
(4) Fifty dollars for each sales representative of or employed by a licensed distributor
(6) One hundred fifty dollars per year for a private wine bed and breakfast license, and each separate bed and breakfast from which a licensee sells wine shall be separately licensed and there shall be collected with respect to each such location the annual license fee of one hundred fifty dollars as herein provided;
(5) (7) Two hundred fifty dollars per year for a private wine restaurant license, and each separate restaurant from which a licensee sells wine shall be separately licensed and there shall be collected with respect to each such location the annual license fee of two hundred fifty dollars as herein provided;
(8) One hundred fifty dollars per year for a private wine spa license and each separate private wine spa from which a licensee sells wine shall be separately licensed and there shall be collected with respect to each such location the annual license fee of one hundred fifty dollars as herein provided;
(6) Twenty-five dollars per year for a West Virginia wine retailer's license, and each separate retail outlet from which a West Virginia wine retailer sells West Virginia wine shall be separately licensed and there shall be collected with respect to each such location the annual license fee of twenty-five dollars as herein provided. The holder of such a license may sell no wines except those produced by West Virginia farm wineries as defined by section five-a, article one of this chapter. Except for the amount of the license fee and the restriction to sales of West Virginia wines, a West Virginia wine retailer is subject to all other provisions of this article which are applicable to a retailer as defined in section two of this article;
(7) (9) One hundred fifty One hundred dollars per year for a wine sampling license issued for a retailer wine specialty shop under subsection (n) of this section; and
(8) (10) No fee shall be charged for a special one-day license under subsection (o) of this section or for a heritage fair and festival license under subsection (p) of this section; and
(11) One hundred fifty dollars per year for a direct shipper's license for a licensee who sells and ships only wine and two hundred fifty dollars per for a direct shipper's license who ships and sells wine, nonfortified dessert wine, port, sherry or Madeira wines.
(12) Three hundred dollars per year for a multi-capacity winery or farm winery license which shall enable the holder to operate as a retailer, wine specialty shop, supplier and direct shipper without obtaining an individual license for each capacity.
(c) The license period shall begin on the first day of July of each year and end on the thirtieth day of June of the following year and if granted for a less period, the same shall be computed semiannually in proportion to the remainder of the fiscal year.
(d) No retailer may be licensed as a private club as provided by article seven of this chapter, except as provided by subsection (k) of this section.
(e) No retailer may be licensed as a Class A retail dealer in nonintoxicating beer as provided by article sixteen, chapter eleven of this code: Provided, That a delicatessen, a caterer or party supply store which is a grocery store as defined in section two of this article and which is licensed as a Class A retail dealer in nonintoxicating beer may be a retailer under this article: Provided, however, That any delicatessen, caterer or party supply store licensed in both such capacities must maintain average monthly sales exclusive of sales of wine and nonintoxicating beer which exceed the average monthly sales of nonintoxicating beer.
(f) A retailer wine specialty shop under this article may also hold a wine tasting license authorizing such retailer to serve complimentary samples of wine in moderate quantities for tasting. Such retailer wine specialty shop shall organize a wine taster's club, which has at least fifty duly elected or approved dues paying members in good standing. Such club shall meet on the retailer's wine specialty shop's premises not more than one time per week and shall either meet at a time when the premises are closed to the general public, or shall meet in a separate segregated facility on the premises to which the general public is not admitted. Attendance at tastings shall be limited to duly elected or approved dues paying members and their guests.
(g) A retailer who has more than one place of retail business shall obtain a license for each separate retail establishment. A retailer's license may be issued only to the proprietor or owner of a bona fide grocery store or wine specialty shop.
(h) The commissioner may issue a special license for the retail sale of wine at any festival or fair which is endorsed or sponsored by the governing body of a municipality or a county commission. Such special license shall be issued for a term of no longer than ten consecutive days and the fee therefor shall be two hundred fifty dollars regardless of the term of the license unless the applicant is the manufacturer of said wine on a winery or a farm winery as defined in section five-a, article one of this chapter, in which event the fee shall be twenty-five fifty dollars if the event is held on the premises of the winery or farm winery. The application for such license shall contain such information as the commissioner may reasonably require and shall be submitted to the commissioner at least thirty days prior to the first day when wine is to be sold at such festival or fair. A winery or a farm winery licensed under this subsection may exhibit, conduct tastings, not to exceed a reasonable serving, and may sell wine only for consumption off the premises of such festival or fair. A special license issued other than to a winery or a farm winery may be issued to a 'wine club' as defined herein below. The festival or fair committee or the governing body shall designate a person to organize a club under a name which includes the name of the festival or fair and the words 'wine club'. The license shall be issued in the name of the wine club. A licensee may not commence the sale of wine as provided in this subsection until the wine club has at least fifty dues paying members who have been enrolled and to whom membership cards have been issued. Thereafter, new members may be enrolled and issued membership cards at any time during the period for which the license is issued. A wine club licensed under the provisions of this subsection may sell wine only to its members, and in portions not to exceed eight ounces per serving. Such sales shall take place on premises or in an area cordoned or segregated so as to be closed to the general public, and the general public shall not be admitted to such premises or area. A wine club licensee under the provisions of this subsection shall be authorized to serve complimentary samples of wine in moderate quantities for tasting.
A license issued under the provisions of this subsection and the licensee holding such license shall be subject to all other provisions of this article and the rules and orders of the commissioner relating to such special license: Provided, That the commissioner may by rule, regulation or order provide for certain waivers or exceptions with respect to such provisions, rules, regulations or orders as the circumstances of each such festival or fair may require, including, without limitation, the right to revoke or suspend any license issued pursuant to this section prior to any notice or hearing notwithstanding the provisions of section twelve of this article: Provided, however, That under no circumstances shall the provisions of subsection (c) or (d), section twenty of this article be waived nor shall any exception be granted with respect thereto.
A license issued under the provisions of this subsection and the licensee holding such license shall not be subject to the provisions of subsection (g) of this section.
(i) A license to sell wine granted to a private wine bed and breakfast, private wine restaurant, private wine spa or a private club under the provisions of this article entitles the operator to sell and serve wine, for consumption on the premises of the licensee, when such sale accompanies the serving of food or a meal to its members and their guests in accordance with the provisions of this article: Provided, That a licensed private wine bed and breakfast, private wine restaurant, private wine spa or a private club may permit a person over twenty-one years of age to purchase wine, consume wine and recork or reseal, using a tamper resistant cork or seal, up to two separate bottles of unconsumed wine in conjunction with serving of food or a meal to its members and their guests in accordance with the provisions of this article and in accordance with regulations promulgated by the commissioner for the purpose of consumption of said wine off premises: Provided, however, That for this article, food or a meal provided by the private licensee means that the total food purchase, excluding beverage purchases, taxes, gratuity or other fees is at least fifteen dollars: Provided further, That a licensed private wine restaurant or a private club may offer for sale for consumption off the premises, sealed bottles of wine to its customers produced by a West Virginia farm winery provided that no more than one bottle is sold per each person over twenty-one years of age, as verified by the private wine restaurant or private club, for consumption off the premises. Such licensees are authorized to keep and maintain on their premises a supply of wine in such quantities as may be appropriate for the conduct of operations thereof. Any sale of wine so made shall be subject to all restrictions set forth in section twenty of this article. A private wine restaurant may also be licensed as a Class A retail dealer in nonintoxicating beer as provided by article sixteen, chapter eleven of this code.
(j) With respect to subsections (h), (i), (n) and (o) of this section, the commissioner shall promulgate legislative rules in accordance with the provisions of chapter twenty-nine-a of this code with regard to the form of the applications, the suitability of both the applicant and location of the licensed premises and such other legislative rules deemed necessary to carry the provisions of such subsections into effect.
(k) The commissioner shall promulgate legislative rules in accordance with the provisions of chapter twenty-nine-a of this code to allow restaurants to serve West Virginia wine with meals, but not and to sell the wine by the bottle for off-premises consumption as provided in subsection (i) of this section. Each restaurant so licensed shall be charged a an additional one hundred-dollar per year fee. less than that charged for a wine license to a retail outlet, such fees to be set forth in the aforementioned rules promulgated pursuant to this subsection.
(l) The commissioner shall establish guidelines to permit West Virginia wines to be sold in State all stores licensed for retail sales.
(m) Farm Wineries and farm wineries as defined in section one-a of this article may advertise off premises as provided in section seven, article twenty-two, chapter seventeen of this code. and in any other media, including, but not limited to, newspaper, radio, television, magazines and direct mail solicitation.
(n) A retailer wine specialty shop under this article may also hold a wine sampling license authorizing the retailer wine specialty shop to conduct special wine sampling events at a licensed retail wine specialty shop location during regular hours of business. The retailer wine specialty shop may serve up to three complimentary samples of wine, consisting of no more than one ounce each, to any one consumer in one day. Persons serving the complimentary samples must be twenty-one years of age and duly employed by an authorized representative of the licensed retailer wine specialty shop, winery, farm winery or a representative of a distributor or registered supplier. Distributor and supplier representatives attending wine sampling events must be duly licensed by registered with the commissioner. No licensee, employee or representative may furnish, give or serve complimentary samples of wine to any person less than twenty-one years of age or to a person who is physically incapacitated due to the consumption of alcoholic liquor or the use of drugs. The retailer wine specialty shop shall notify and secure permission from the commissioner for all wine sampling events one month prior to the event. Wine sampling events may not exceed six hours per calendar day. Licensees must purchase all wines used during these events from a licensed West Virginia farm winery or a licensed West Virginia distributor.
(o) The commissioner may issue special one-day licenses to duly organized, nonprofit corporations and associations allowing the sale and serving of wine when raising money for athletic, charitable, educational or religious purposes. The license application shall contain information as the commissioner may reasonably require and shall be submitted to the commissioner at least thirty days prior to the event. Wines used during these events may be donated by or purchased from a licensed retailer, a distributor or West Virginia a farm winery. Under no circumstances may the provision of subsection (c), section twenty of this article be waived nor may any exception be granted with respect thereto.
(p) The commissioner may issue special licenses to heritage fairs and festivals allowing the sale, serving and sampling of wine from a licensed West Virginia farm winery retailer or distributor. The license application shall contain information required by the commissioner and shall be submitted to the commissioner at least thirty days prior to the event. Wines used during these events may be donated by or purchased from a licensed West Virginia farm winery retailer or distributor. Under no circumstances may the provision of subsection (c), section twenty of this article be waived nor may any exception be granted with respect thereto. The commissioner shall propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code to implement the provisions of this subsection.
§60-8-4. Liter tax.
There is hereby levied and imposed on all wine sold after the thirtieth day of April, one thousand nine hundred eighty-three first day of July, two thousand seven, by suppliers to distributors, and including all wine sold and sent to West Virginia adult residents from direct shippers, except wine sold to the commissioner, a tax of twenty-six and four hundred six-thousandths cents per liter.
Before the sixteenth day of each month thereafter, every supplier, distributor and direct shipper shall make a written report under oath to the Tax Commissioner and the commissioner showing the identity of the purchaser, the quantity, label and alcoholic content of wine sold by the supplier to West Virginia distributors or the direct shipper to West Virginia adult residents during the preceding month and at the same time shall pay the tax imposed by this article on the wine sold to the distributor or the West Virginia adult residents during the preceding month to the Tax Commissioner.
The reports shall contain other information and be in the form the Tax Commissioner may require. For purposes of this article, the reports required by this section shall be considered tax returns covered by the provisions of article ten, chapter eleven of this code. Failure to timely file the tax returns within five calendar days of the sixteenth day of each month will also subject a supplier, distributor and direct shipper to penalties under section eighteen of this article.
No wine imported, sold or distributed in this state or sold and shipped to this state by a direct shipper shall be subject to more than one liter tax.
§60-8-5. Refund or credit of taxes.
The Tax Commissioner shall refund, or credit on a subsequent return, any tax which has been erroneously or illegally collected. In the event that a licensee, while the owner of wine on which the tax imposed by this article has been paid, loses such wine through fire or casualty, other than breakage occurring on the premises of the licensee because such wine has been declared by the alcohol beverage control commissioner to be unfit for sale and the amount of tax paid exceeds fifty dollars, the Tax Commissioner shall refund the tax paid. The alcohol beverage control commissioner shall promulgate regulations establishing the procedure and nature of proof required in case of any claim for refund or credit.
§60-8-6. License or registration required for sale or shipment of wine; shipment of limited quantities of wine to adult residents permitted.

(a) Except as to the commissioner and except as provided in subsection (b) of this section, no person may offer for sale or sell wine in this state, or offer wine for shipment into this state, except to a distributor who is duly licensed under this article. Every person, whether resident or nonresident in this state, who is engaged in or desires to engage in the sale or shipment of wine to a distributor for resale under this article shall, prior to engaging in such activities, register with the commissioner. If any such person violates the provisions of this article, he shall not be permitted to sell, ship or deliver any wine to a distributor or to the commissioner, or otherwise engage in the wine business in this state for a period of one year from the date a notice is mailed to such person by the commissioner of the fact that such person has violated the provisions of this article. During such one-year period, it shall be unlawful for any distributor within this state to buy or receive wine from such person or to have any dealings with such person with respect thereto. Hearings and appeals on such notices may be had in the same manner as in the case of revocations of licenses under this article.
(b) Notwithstanding the provisions of this chapter or any other law to the contrary, an adult resident or a duly licensed retailer or distributor of alcoholic beverages in a state or nation which affords adults and duly licensed retailers and distributors of this state an equal reciprocal shipping privilege may ship, for personal use and not for resale, not more than two cases of wine per month, not to exceed eighteen liters of wine in any month to any adult resident in this state. any person or winery that is currently licensed and in good standing in its domicile state as a winery, farm winery, supplier, distributor or retailer of wine and who obtains a direct shipper's license from the commissioner, as provided in this chapter, may ship up to a maximum of two cases of wine per month directly to adult West Virginia residents who are twenty-one years of age or over, for such adult resident's personal use and consumption and not for resale. Delivery of a shipment pursuant to this section shall not be deemed to constitute a sale in this state. Licensed direct shippers must maintain accurate records of all shipments sent to West Virginia residents. All shipments of wine into West Virginia by licensed direct shippers shall be made by a licensed and bonded shipping carrier. Direct shippers and their carriers shall not ship wine to areas of West Virginia where wine may not be lawfully sold by county, local or municipal law. Any holder of a direct shipper's license must collect all taxes, sales taxes, municipal taxes and the liter tax due to West Virginia, remit all sales, municipal taxes and the liter tax to the tax commissioner at the close of each month and file a monthly return reflecting the taxes paid for all sales and shipments to residents in West Virginia. The commissioner shall prescribe the forms to be used to file the monthly returns. The shipping container of any wine sent into or out of this state under this subsection shall be clearly and conspicuously labeled to indicate that the package cannot be delivered to: (1) Any person under the age of twenty-one; or (2) to an intoxicated person; or (3) to a person physically incapacitated due to the consumption of nonintoxicating beer, wine or alcoholic liquors or the use of drugs; and (4) the carriers are required to obtain a written or electronic signature upon delivery of an adult resident who the carrier verifies is at least twenty-one years of age or older and if the carrier is not able to obtain a signature of a verified adult resident at least twenty-one years of age or older, then the carrier may not complete the delivery of the wine shipment. No adult resident or duly licensed retailer or distributor may advertise the availability of wines by shipment to residents of this state. Failure of any holder of a direct shipper's license or such licensee's carrier to abide by the provisions of this chapter and the commissioner's rules may subject the direct shipper to the penalties available to the commissioner under section eighteen of this article.
§60-8-6a. Direct shipper's license.
(a) Before sending any shipment of wine to a resident of West Virginia, the direct shipper must first:(1) File a license application with the commissioner with the appropriate background check information, using forms required by the commissioner. Criminal background checks will not be required of applicants licensed in their state of domicile who can provide a certificate of good standing from their state of domicile;
(2) Pay to the commissioner either the one hundred fifty- dollar license fee to ship and sell only wine, the two hundred fifty-dollar license fee to ship and sell wine and nonfortified dessert wine, port, sherry or Madeira wines, or the three hundred dollar multi-capacity winery or farm winery license fee;
(3) Obtain a business registration number from the Tax Commissioner;
(4) Register with the office of the Secretary of State, if a corporation;
(5) Provide the commissioner a true copy of its current alcoholic beverage license issued in the state of domicile, proving that the direct shipper is licensed in its state of domicile as a winery, farm winery, supplier, distributor or retailer of wine;
(6) Obtain from the commissioner a direct shipper's license;
(7) Submit to the commissioner a list of all brands of wine to be shipped to West Virginia residents; and
(8) Meet all other licensing requirements of this chapter and provide any other information that the commissioner may reasonably require.
(b) All direct shipper licensees shall:
(1) Not ship more than two cases of wine per month to any person. A case is defined as any combination of packages containing not more than nine liters of wine;
(2) Not ship to any address in an area identified by the commissioner as a 'dry' or local option area where it is unlawful to sell wine or alcoholic liquors;
(3) Not ship to any licensed suppliers, distributors, retailers, private wine bed and breakfasts, private wine restaurants, private wine spas or wine specialty shops;
(4) Not ship wine from overseas or internationally unless it is first shipped to a licensed supplier oristributor;
(5) Ensure that all containers of wine shipped directly to a resident in this state are clearly and conspicuously labeled with the words 'CONTAINS ALCOHOL: SIGNATURE OF PERSON 21 OR OLDER REQUIRED FOR DELIVERY';
(6) File monthly returns to the commissioner and the Tax Commissioner showing the total of wines, by type, sold and shipped into West Virginia for the preceding month;
(7) Pay to the Tax Commissioner all sales taxes, municipal taxes and the liter tax due on sales and shipments to residents of West Virginia in the preceding month, the amount of such taxes to be calculated as the sales were made in West Virginia at the location where delivery is made;
(8) Permit the Tax Commissioner or commissioner or their designees to perform an audit of the direct shipper's records upon request;
(9) Be deemed to have consented to the jurisdiction of the commissioner or any other state agency, the Kanawha County circuit court located in Charleston, West Virginia, concerning enforcement of this article and any other related laws, rules; and
(10) Provide proof or records to the commissioner, upon request, that all direct shipments of wine were purchased and delivered to an adult resident of West Virginia over the age of twenty- one years of age.
(c) The direct shipper may annually renew its license with the commissioner by application, paying the direct shipper license fee and providing the commissioner with a true copy of a current alcoholic beverage license from the direct shipper's domicile state.
(d) The commissioner may promulgate rules to effectuate the purposes of this law.
(e) The commissioner may enforce the requirements of this section by administrative proceedings to suspend or revoke a direct shipper's license, and the commissioner may accept payment of a penalty or an offer in compromise in lieu of suspension, at the commissioner's discretion.
(f) Shipments of wine direct to consumers in West Virginia from persons who do not possess a current direct shipper's license or other permit or license from the commissioner are prohibited. Any person who knowingly makes, participates in, transports, imports or receives such an unlicensed and unauthorized direct shipment is guilty of a felony and shall upon conviction thereof, be fined in an amount not to exceed ten thousand dollars per violation or shall be imprisoned in jail for a period not to exceed seventy-two hours. Without limitation on any punishment or remedy, criminal or civil, any person who knowingly makes, participates in, transports, imports or receives such a direct shipment constitutes an act that is an unfair trade practice.
§60-8-7. Records; inspection.
Every person who sells or ships wine as a direct shipper to West Virginia adult residents or who sells or ships wine to a distributor, and every distributor shall maintain records of all sales, shipments and deliveries, including invoices, records, receipts, bills of lading and other pertinent papers required by the commissioner. All such records shall be preserved for at least two years. The Tax Commissioner or the commissioner, or both, may inspect the books, accounts and records of any licensee and examine, under oath, any officer, agent or employee of any licensee or any person engaged in the business of selling, shipping or delivering wine to a distributor. The Tax Commissioner or the commissioner or both, may require the production, within this state at the time and place the Tax Commissioner or the commissioner or both may designate, of any books, accounts, papers or records kept within or without the state, or verified copies in lieu thereof, in order that an examination thereof may be made by the Tax Commissioner, the commissioner or the tax commissioner's their duly designated agents.
§60-8-16. Application for license.
Any person desiring a license under this article shall file a written application for a license with the commissioner and in the application shall state under oath:
(1) The name of the applicant, including his or her trade name if any, his or her address and the length of his or her residence within this state;
(2) The address of the place of business for which the license is desired, or other description that definitely locates it; and that the place of business conforms to all health and fire laws and regulations applicable thereto;
(3) The name of the owner of the premises upon which the business is to be conducted and, if the owner is not the applicant, that such applicant is the bona fide lessee of the business;
(4) If the application is for a retailer's license, that the applicant is the proprietor or owner of a bona fide grocery store, private wine bed and breakfast, private wine restaurant, private wine spa or wine specialty shop;
(5) That the applicant intends to carry on the business authorized by the license for himself or herself or under his or her immediate supervision or direction;
(6) That the applicant is a citizen of the United States;
(7) That the applicant is and an actual bona fide resident of the State of West Virginia, except for those applicants applying for a supplier's license or a direct shipper's license;
(8) That the applicant
and is not less than eighteen years of age;
(7) (9) That the applicant has not been convicted of a felony or other crime involving moral turpitude within the three years next preceding the filing of the application; and that he or she has not, within the two years next preceding the filing of the application, been convicted of violating the liquor laws of any state or of the United States;
(8) (10) That the applicant has not during the five years next preceding the date of said application had any license revoked under this chapter or under the liquor laws of any other state;
(9) (11) If the applicant is a firm, association or partnership, the application shall state the matters required in subdivisions (6), (7), and (8), (9) and (10), with respect to each of the members thereof, and each of said members must meet all the requirements in said subdivisions;
(10) (12) If the applicant is a corporation, organized or authorized to do business in this state, the application shall state the matters required in subdivisions (6), (7), and (8), (9) and (10), with respect to each of the officers and directors thereof, and any stockholder owning twenty percent or more of the stock of such corporation and the persons who conduct and manage the licensed premises for the corporation. Each of said individuals must meet all the requirements provided in those subdivisions except that the requirements as to citizenship and residence shall not apply to the officers, directors and stockholders of a corporation applying for a retailer's license; and
(11) (13) Any other information that the commissioner may reasonably require.
The foregoing statements required in an application shall constitute mandatory prerequisites for the issuance of a license.
The application must be verified by the owner, or each member of the firm, each partner, if a partnership, each member of the governing board, if an association, or each officer and director, if a corporation: Provided, That the application of a corporation applying for a retailer's license need be verified only by its president or vice president.
§60-8-18. Revocation, suspension and other sanctions which may be imposed by the commissioner upon the licensee; procedure upon refusal, revocation, suspension or other sanction.

(a) The commissioner may on his or her own motion, or shall on the sworn complaint of any person, conduct an investigation to determine if any provisions of this article or any rule promulgated or any order issued by the commissioner has been violated by any licensee. After investigation, the commissioner may impose penalties and sanctions as set forth below.
(1) If the commissioner finds that the licensee has violated any provision of this article or any rule promulgated or order issued by the commissioner, or if the commissioner finds the existence of any ground on which a license could have been refused, if the licensee were then applying for a license, the commissioner may:
(A) Revoke the licensee's license;
(B) Suspend the licensee's license for a period determined by the commissioner not to exceed twelve months; or
(C) Place the licensee on probation for a period not to exceed twelve months; and,
(D) Impose a monetary penalty not to exceed one thousand dollars for each violation where revocation is not imposed.
(2) If the commissioner finds that a licensee has willfully violated any provision of this article or any rule promulgated or any order issued by the commissioner, the commissioner shall revoke the licensee's license.
(b) If a supplier or distributor fails or refuses to keep in effect the bond required by section twenty-nine of this article, the commissioner shall automatically suspend the supplier or distributor's license until the bond required by section twenty is furnished to the commissioner, at which time the commissioner shall vacate the suspension.
(c) Whenever the commissioner refuses to issue a license, or suspends or revokes a license, places a licensee on probation or imposes a monetary penalty, he or she shall enter an order to that effect and cause a copy of the order to be served in person or by certified mail, return receipt requested, on the licensee or applicant.
(d) Any applicant or licensee, as the case may be, adversely affected by the order has a right to a hearing before the commissioner, if a written demand for hearing is served upon the commissioner within ten days following the receipt of the commissioner's order by the applicant or licensee. Timely service of a demand for a hearing upon the commissioner operates to suspend the execution of the order with respect to which a hearing has been demanded, except an order suspending a license under the provisions of subsection (b) of this section. The person demanding a hearing shall give security for the cost of the hearing in a form and amount as the commissioner may reasonably require. If the person demanding the hearing does not substantially prevail in such hearing or upon judicial review thereof as provided in subsections (g) and (h) of this section, then the costs of the hearing shall be assessed against him or her by the commissioner and may be collected by an action at law or other proper remedy.
(e) Upon receipt of a timely served written demand for a hearing, the commissioner shall immediately set a date for the hearing and notify the person demanding the hearing of the date, time and place of the hearing, which shall be held within thirty days after receipt of the demand. At the hearing the commissioner shall hear evidence and thereafter enter an order supporting by findings of facts, affirming, modifying or vacating the order. Any such order is final unless vacated or modified upon judicial review thereof.
(f) The hearing and the administrative procedure prior to, during and following the hearing shall be governed by and in accordance with the provisions of article five, chapter twenty-nine-a of this code.
(g) Any applicant or licensee adversely affected by an order entered following a hearing has the right of judicial review of the order in accordance with the provisions of section four, article five, chapter twenty-nine-a of this code in the circuit court of Kanawha County, West Virginia.
(h) The judgment of a the Kanawha County circuit court reviewing the order of the commissioner is final unless reversed, vacated or modified on appeal to the Supreme Court of Appeals in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code.
(i) Legal counsel and services for the commissioner in all proceedings in any circuit court and the Supreme Court of Appeals shall be provided by the Attorney General or his or her assistants and in any proceedings in any circuit court by the prosecuting attorney of that county as well, all without additional compensation.
§60-8-19. To whom licensed manufacturer may sell.
A person who is licensed to manufacturer who is licensed as a supplier or who utilizes a licensed supplier in this state of wine, as defined in this article, may sell such wines in this state only to the West Virginia Alcohol Beverage Control commissioner and to distributors as defined in this article. Such manufacturers may sell such wine outside of this state for use or resale outside this state. The provisions of this section shall not apply to farm wineries as defined by section five-a, article one of this chapter.
§60-8-20. Unlawful acts generally.
It shall be unlawful:
(a) For a supplier or distributor to sell or deliver wine purchased or acquired from any source other than a person registered under the provisions of section six of this article or for a retailer to sell or deliver wine purchased or acquired from any source other than a licensed distributor or a farm winery as defined in section five-a, article one of this chapter;
(b) Unless otherwise specifically provided by the provisions of this article, for a licensee under this article to acquire, transport, possess for sale or sell wine other than in the original package;
(c) For a licensee, his or her servants, agents or employees to sell, furnish or give wine to any person less than twenty-one years of age, or to a mental incompetent or person who is physically incapacitated due to the consumption of alcoholic liquor or the use of drugs: Provided, That the provisions of section twenty-five-a, article three-a of this chapter shall apply to sales of wine;
(d) For a licensee to permit a person who is less than eighteen years of age to sell, furnish or give wine to any person;
(e) For a supplier or a distributor to sell or deliver any brand of wine purchased or acquired from any source other than the primary source of supply of the wine which granted the distributor the right to sell the brand at wholesale. For the purposes of this article, 'primary source of supply' means the vintner of the wine, the importer of a foreign wine who imports the wine into the United States, the owner of a wine at the time it becomes a marketable product, the bottler of a wine or an agent specifically authorized by any of the above-enumerated persons to make a sale of the wine to a West Virginia distributor: Provided, That no retailer shall sell or deliver wine purchased or acquired from any source other than a distributor or farm winery licensed in this state: Provided, however, That nothing herein is considered to prohibit sales of convenience between distributors licensed in this state wherein one distributor sells, transfers or delivers to another distributor a particular brand or brands for sale at wholesale, of which brand or brands the other distributor has been authorized by a licensed supplier to distribute. may be temporarily out of stock. The commissioner shall promulgate rules necessary to carry out the provision of this subsection;
(f) For a person to violate any reasonable rule or regulation promulgated by the commissioner under this article;
(g) Nothing in this article, nor any rule or regulation of the commissioner, shall prevent or be considered to prohibit any licensee from employing any person who is at least eighteen years of age to serve in any licensee's lawful employment, including the sale or delivery of wine under the provisions of this article. With the prior approval of the commissioner, a licensee whose principal business is the sale of food or consumer goods or the providing of recreational activities, including, but not limited to, nationally franchised fast food outlets, family-oriented restaurants, bowling alleys, drug stores, discount stores, grocery stores and convenience stores, may employ persons who are less than eighteen years of age but at least sixteen years of age: Provided, That the person's duties may not include the sale or delivery of nonintoxicating beer or alcoholic liquors: Provided, however, That the authorization to employ persons under the age of eighteen years shall be clearly indicated on the licensee's license.
§60-8-23. Duties and powers of commissioner; rules.
(a) The commissioner is hereby authorized:
(1) To enforce the provisions of this article.
(2) To enter the premises of any licensee at reasonable times for the purpose of inspecting the premises and determining the compliance of the licensee with the provisions of this article and any rules and regulations promulgated by the commissioner.
(3) In addition to rules and regulations relating to the tax imposed by section four of this article or otherwise authorized by this article, to promulgate reasonable rules and regulations as he deems necessary for the execution and enforcement of the provisions of this article, which may include, but shall not be limited to:
(A) The transport, use, handling, service and sale of wine;
(B) Establishing standards of identity, quality and purity to protect the public against wine containing deleterious, harmful or impure substances or elements and against spurious or imitation wines and wines unfit for human consumption; and
(C) Restricting the content of wine advertising so as to prohibit false or misleading claims, or depictions or descriptions of wine being consumed irresponsibly or immoderately, or advertising presentations designed to appeal to persons below the legal drinking age: Provided, That the commissioner shall not promulgate any rule or regulation which prohibits the advertising of a particular brand or brands of wine and the price thereof: Provided, however, That price shall not be advertised in a medium of electronic communication subject to the jurisdiction of the federal communications commission.
(4) To issue subpoenas and subpoenas duces tecum for the purpose of conducting hearings under the provisions of section twelve of this article, which subpoenas and subpoenas duces tecum shall be issued in the time, for the fees, and shall be enforced in the manner specified in section one, article five, chapter twenty-nine-a of this code with like effect as if said section was set forth in extenso in this subdivision.
(b) The authority granted in subdivisions (a),(b) and (d) of this section may also be exercised by the duly authorized or designated agents of the commissioner.
(c) Except as may be in this article to the contrary, the commissioner shall not have authority by rule or regulation or otherwise to regulate markups, prices, discounts, allowances or other terms of sale at which wine may be purchased or sold by wine distributors or licensees authorized to sell wine at retail or to change, nullify or vary the terms of any agreement between a wine manufacturer or supplier and a wine distributor, but nothing herein shall be deemed to authorize or permit any discriminatory practice prohibited by subsection (a), section thirty-one of this article or any other discriminatory practice.
(d) All rules and regulations promulgated by the commissioner pursuant to this article shall be so promulgated in accordance with the provisions of chapter twenty-nine-a of this code. The rules and regulations promulgated pursuant to the prior enactment of this article and not disapproved by the Legislature shall remain in full force and effect to the extent that such rules and regulations are not abrogated and made null and void by the reenactment of this sections of this article during the regular session of the Legislature for the year one thousand nine hundred eighty-six. Any rule or regulation which is inconsistent or contrary in any way to any provision of this article now or hereafter enacted are null and void.
§60-8-24. Disposition of revenue.
(a) The first two hundred thousand dollars of fees collected under the provisions of this article during each fiscal year shall be deposited into a special revolving fund designated the 'Tax Commissioner's wine tax administration fund,' which fund is hereby created in the State Treasury. The Tax Commissioner's Wine Tax Administration Fund shall be used by the Tax Commissioner to administer and support direct and indirect costs of the Tax Division for administration, collection, including compliance enforcement, auditing, and distribution of taxes on wine imposed by this code and for which the Tax Commissioner has administration, collection, compliance enforcement, auditing, or distribution functions or responsibilities.
(b) After collection and deposit of the first two hundred thousand dollars, as specified in subsection (a) of this section, all fees collected by the alcohol beverage control commissioner, under the provisions of this article shall next be deposited in the State Treasury and credited to a special fund to be known as the Wine License Special Fund. All moneys in such the Wine License Special Fund may be expended only by the alcohol beverage control commissioner for the administration of the provisions of this article or, to the extent of any excess, for the administration of this chapter or as may be appropriate by law.
(c) The liter tax imposed and collected by the Tax Commissioner under the provisions of this article shall be paid into the State Treasury and deposited in the General Revenue Fund of the state.
(d) All moneys collected by the alcohol beverage control commissioner and the tax commissioner under the provisions of this article shall be remitted to the State Treasury monthly within fifteen days after the end of each month.
§60-8-25. Criminal penalties; public nuisances.
(a) Any person who violates any provision of this article or who makes any false statement concerning any material fact in submitting application for license or for a renewal of a license or in any hearing concerning the suspension or revocation thereof, or who commits any of the acts herein declared to be unlawful, is guilty of a misdemeanor and, upon conviction thereof, shall for each offense be fined not less than twenty-five one hundred dollars nor more than five hundred one thousand dollars, or imprisoned in the county jail not less than thirty days nor more than six months, or both fined and imprisoned. Magistrate courts shall have concurrent jurisdiction with the circuit court for the trial of all misdemeanors arising under this article.
(b) The provisions of sections sixteen and seventeen, article six of this chapter shall apply to persons violating the provisions of this article to the same extent as if such provisions were set forth in extenso herein.
§60-8-26. Forfeiture of bond.
On conviction of a violation of any provision of this article, upon the revocation of a license in accordance with section eighteen of this article or upon finding of failure of a taxpayer to pay all taxes prescribed by section four of this article, which conviction, revocation or finding has become final, the licensee, former licensee or company registered and licensed as a supplier or distributor, as the case may be, shall forfeit any bond required by section twenty-nine of this article. The penal sum of any bond forfeited shall forthwith be paid to the State Treasurer and credited to the General Revenue Fund of this state. Such sum may be collected by an action at law or other appropriate remedy.
PART III. WINE DISTRIBUTION.

§60-8-28. Wine brand licensing and registration and review of wine labels.
Every distributor and farm winery supplier offering wine for sale under this article shall register with the tax commissioner each wine brand label offered for sale in the state and shall pay a fee of three one hundred dollars for the registration of such wine brand label for three years, such fee shall be returned to the supplier if the wine is not registered for sale. No wine brand may be sold under this article unless all of its such wine brand's label labels intended for sale in the state has have been registered and reviewed by the commissioner. Every supplier offering various wine labels of a registered and reviewed wine brand for sale in the state shall submit all of the wine brand's labels intended for sale in the state for registration prior to the sale of such wine labels in the state for no additional fees. After the expiration of three years, the supplier may renew the registered wine brand by paying a one hundred-dollar renewal fee for three more years and every three years thereafter. Prior to registration of any wine labels, the commissioner shall review the wine labels. This review shall include, but not be limited to, a review of the alcohol content, corporate or product information, marketing and advertising so that the wine label is not intended to be marketed to persons less than twenty-one years of age. The commissioner shall remove all nonrenewed wine labels and any licensee who sells wine with nonrenewed wine labels shall be subject to the penalties under section eighteen of this article. Failure to register, obtain certification and pay the annual fee for a wine brand and failure to register the wine brand's labels will subject the supplier to penalties under section eighteen of this article.
§60-8-29. Bond required of distributors and suppliers.
Each applicant for a distributor's license or each company registered as a supplier supplier's license shall furnish at the time of application a bond with a corporate surety authorized to transact business in this state, payable to the state, and conditioned on the payment of all taxes and fees herein prescribed and on the faithful performance of and compliance with the provisions of this article.
The penal sum of the bond for distributors shall be ten thousand dollars and the penal sum of the bond for suppliers shall be twenty-five ten thousand dollars. Each distributor shall be required to furnish separate bond for each location or separate place of business from which wine is distributed, sold or delivered. Revocation or forfeiture of the bond furnished for any such location may, in the discretion of the tax commissioner, cause the revocation or forfeiture of all such bonds furnished by the distributor suffering such revocation or forfeiture.
§60-8-30. Exclusive franchise agreements prohibited.
It shall be illegal for any manufacturer, winery, farm winery or supplier to enter into any exclusive franchise agreement with any distributor whereby any such distributor is given the exclusive right within this state or in any given territory within this state to distribute the product or products of such manufacturer which are to be sold or distributed pursuant to the provisions of this article. Further, all agreements between a manufacturer, winery, farm winery or supplier and a distributor must be in writing and on file with the commissioner and all such agreements must provide for termination of either party provided that notice of termination is provided in writing and by certified mail to the commissioner and all parties to the agreement ninety days prior to the termination date. Once the notice has been received by either party, the distributor shall: (1) Use the ninety-day period to deplete such distributor's affected wine inventory; or (2) reach some agreement with the manufacturer, winery, farm winery or supplier to return unused salable wine inventory or receive payment for unused salable wine inventory. No new distributor shall be appointed until the conclusion of the ninety days or as the parties have otherwise agreed to complete the termination. For the purposes of this article 'salable' shall mean inventory fit for human consumption or as otherwise determined by the commissioner.
§60-8-31. Other unlawful acts.
It is unlawful:
(a) For a distributor to discriminate in price, sales agreements, terms or services offered to retailers, licensees or to any licensee under article seven of this chapter and further it is unlawful for a supplier to discriminate against a distributor in price, sales agreements, terms or services. 'Discriminate', as used in this section, means the granting of more favorable prices, agreements, terms or services to one person than to another.
(b) For a distributor, his or her agents, servants or employees to transport or deliver wine to any retail licensee or to any licensee under article seven of this chapter on Sunday or any general election day.
(c) For a distributor to sell wines authorized by this article to licensees under article seven of this chapter at a price which is greater than the price at which such wines are sold and distributed to retailers under this article.
PART IV. WINE RETAILERS.

§60-8-32. Where wine may be sold at retail.
Except as to sales permitted to be made by wineries or farm wineries that obtain a retailer's license, as defined by section five-a, article one of this chapter, private wine bed and breakfasts, private wine restaurants and private wine spas, wine sold pursuant to this article may be sold at retail only by the commissioner and in and by grocery stores retailers and wine specialty shops as defined by section two of this article.
§60-8-34. When retail sales prohibited.
It shall be unlawful for a retailer, farm winery, wine specialty shop retailer, or a private wine bed and breakfast, private wine restaurant or private wine spa licensee, his or her servants, agents or employees to sell or deliver wine between the hours of two o'clock a. m. and one o'clock p. m. on Sundays, or between the hours of two o'clock a. m. and seven o'clock a. m. on weekdays and Saturdays."
On motion of Delegates Webster and Stemple, the amendment was amended on page thirty- nine, section three, article eight, chapter sixty, line six, immediately following the word "licensed" by striking out the words "retailer or distributor" and inserting in lieu thereof the words "farm winery".
On page thirty-nine, section three, article eight, chapter sixty, line ten, immediately following the word "licensed" by striking out the words "retailer or distributor" and inserting in lieu thereof the words "farm winery".
On page forty-two, section six, article eight, chapter sixty, line eighteen, immediately following the word "supplier", by striking out a comma and striking the word "distributor".
On page forty-five, section six-a, article eight, chapter sixty, line six, immediately following the word "supplier", by striking out a comma and striking the word "distributor".
And,
On page fifty-five, section nineteen, article eight, chapter sixty, line three, immediately following the word "supplier", by striking out the words "or who utilizes a licensed supplier".
The question now before the House being the amendment by the Committee on Agriculture and Natural Resources, as amended, the same was put and prevailed.
The bill was then ordered to third reading.

Com. Sub. for S. B. 713, Relating to campaign finance filings; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk on page two, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following language:
"ARTICLE 8. REGULATION AND CONTROL OF ELECTIONS.
§3-8-1a. Definitions.

As used in this article, the following terms have the following definitions:
(1) 'Ballot issue' means a constitutional amendment, special levy, bond issue, local option referendum, municipal charter or revision, an increase or decrease of corporate limits or any other question that is placed before the voters for a binding decision.
(2) 'Broadcast, cable or satellite communication' means a communication that is publicly distributed by a television station, radio station, cable television system or satellite system.
(3) 'Candidate' means an individual who:
(A) Has filed a certificate of announcement under section seven, article five of this chapter or a municipal charter;
(B) Has filed a declaration of candidacy under section twenty-three, article five of this chapter;
(C) Has been named to fill a vacancy on a ballot; or
(D) Has declared a write-in candidacy or otherwise publicly declared his or her intention to seek nomination or election for any state, district, county or municipal office or party office to be filled at any primary, general or special election.
(4) 'Candidate's committee' means a political committee established with the approval of or in cooperation with a candidate or a prospective candidate to explore the possibilities of seeking a particular office or to support or aid his or her nomination or election to an office in an election cycle. If a candidate directs or influences the activities of more than one active committee in a current campaign, those committees shall be considered one committee for the purpose of contribution limits.
(5) 'Clearly identified' means that the name, nickname, photograph, drawing or other depiction of the candidate appears or the identity of the candidate is otherwise apparent through an unambiguous reference, such as 'the Governor', 'your Senator' or 'the incumbent' or through an unambiguous reference to his or her status as a candidate, such as 'the Democratic candidate for Governor' or 'the Republican candidate for Supreme Court of Appeals'.
(6) 'Contribution' means a gift subscription, assessment, payment for services, dues, advance, donation, pledge, contract, agreement, forbearance or promise of money or other tangible thing of value, whether conditional or legally enforceable, or a transfer of money or other tangible thing of value to a person, made for the purpose of influencing the nomination, election or defeat of a candidate. An offer or tender of a contribution is not a contribution if expressly and unconditionally rejected or returned. A contribution does not include volunteer personal services provided without compensation: Provided, That a nonmonetary contribution is to be considered at fair market value for reporting requirements and contribution limitations.
(7) 'Corporate political action committee' means a political action committee that is a separate segregated fund of a corporation that may only accept contributions from its restricted group as outlined by the rules of the State Election Commission.
(7) (8) 'Direct costs of purchasing, producing or disseminating electioneering communications' means:
(A) Costs charged by a vendor, including, but not limited to, studio rental time, compensation of staff and employees, costs of video or audio recording media and talent, material and printing costs and postage; or
(B) The cost of airtime on broadcast, cable or satellite radio and television stations, the cost of disseminating printed materials, establishing a telephone bank, studio time, use of facilities and the charges for a broker to purchase airtime.
(8) (9) 'Disclosure date' means either of the following: (A) The first date during any calendar year on which any electioneering communication is disseminated after the person paying for the communication has spent a total of five thousand dollars or more for the direct costs of purchasing, producing or disseminating electioneering communications; or
(B) Any other date during that calendar year after any previous disclosure date on which the person has made additional expenditures totaling five thousand dollars or more for the direct costs of purchasing, producing or disseminating electioneering communications.
(9) (10) 'Election' means any primary, general or special election conducted under the provisions of this code or under the charter of any municipality at which the voters nominate or elect candidates for public office. For purposes of this article, each primary, general, special or local election constitutes a separate election. This definition is not intended to modify or abrogate the definition of the term 'nomination' as used in this article.
(10) (11) (A) 'Electioneering communication' means any paid communication made by broadcast, cable or satellite signal, mass mailing, telephone bank, leaflet, pamphlet, flyer or outdoor advertising or published in any newspaper, magazine or other periodical that:
(i) Refers to a clearly identified candidate for Governor, Secretary of State, Attorney General, Treasurer, Auditor, Commissioner of Agriculture, Supreme Court of Appeals or the Legislature; (ii) Is publicly disseminated within:
(a) (I) Thirty days before a primary election at which the nomination for office sought by the candidate is to be determined; or
(b) (II) Sixty days before a general or special election at which the office sought by the candidate is to be filled; and
(iii) Is targeted to the relevant electorate.
(B) 'Electioneering communication' does not include:
(i) A news story, commentary or editorial disseminated through the facilities of any broadcast, cable or satellite television or radio station, newspaper, magazine or other periodical publication not owned or controlled by a political party, political committee or candidate: Provided, That a news story disseminated through a medium owned or controlled by a political party, political committee or candidate is nevertheless exempt if the news is:
(a) (I) A bona fide news account communicated in a publication of general circulation or through a licensed broadcasting facility; and
(b) (II) Is part of a general pattern of campaign-related news that gives reasonably equal coverage to all opposing candidates in the circulation, viewing or listening area;
(ii) A communication Activity by a candidate committee, party executive committee or caucus committee, or a political action committee that is required to be reported to the State Election Commission or the Secretary of State as an expenditure pursuant to any provision section five of this article other than section two-b of this article, or the rules of the State Election Commission or the Secretary of State promulgated pursuant to such provision: Provided, That independent expenditures by a party executive committee or caucus committee or a political action committee required to be reported pursuant to subsection (b), section two of this article are not exempt from the reporting requirements of this section;
(iii) A candidate debate or forum conducted pursuant to rules adopted by the State Election Commission or the Secretary of State or a communication promoting that debate or forum made by or on behalf of its sponsor;
(iv) A communication paid for by any organization operating under Section 501(c)(3) of the Internal Revenue Code of 1986;
(v) A communication made while the Legislature is in session which, incidental to promoting or opposing a specific piece of legislation pending before the Legislature, urges the audience to communicate with a member or members of the Legislature concerning that piece of legislation;
(vi) A statement or depiction by a membership organization, in existence prior to the date on which the individual named or depicted became a candidate, made in a newsletter or other communication distributed only to bona fide members of that organization;
(vii) A communication made solely for the purpose of attracting public attention to a product or service offered for sale by a candidate or by a business owned or operated by a candidate which does not mention an election, the office sought by the candidate or his or her status as a candidate; or
(viii) A communication, such as a voter's guide, which refers to all of the candidates for one or more offices, which contains no appearance of endorsement for or opposition to the nomination or election of any candidate and which is intended as nonpartisan public education focused on issues and voting history.
(11) (12) 'Financial agent' means any individual acting for and by himself or herself, or any two or more individuals acting together or cooperating in a financial way to aid or take part in the nomination or election of any candidate for public office, or to aid or promote the success or defeat of any political party at any election.
(12) (13) 'Fund-raising event' means an event such as a dinner, reception, testimonial, cocktail party, auction or similar affair through which contributions are solicited or received by such means as the purchase of a ticket, payment of an attendance fee or by the purchase of goods or services.
(13) (14) 'Independent expenditure' means an expenditure made by a person other than a candidate or a candidate's committee in support of or opposition to the nomination or election of one or more clearly identified candidates and without consultation or coordination with or at the request or suggestion of the candidate whose nomination or election the expenditure supports or opposes or the candidate's agent. Supporting or opposing the election of a clearly identified candidate includes supporting or opposing the candidates of a political party. An expenditure which does not meet the criteria for an independent expenditure is considered a contribution.
(14) (15) 'Mass mailing' means a mailing by United States mail, facsimile or electronic mail of more than five hundred pieces of mail matter of an identical or substantially similar nature within any thirty-day period.
(15) (16) 'Membership organization' means a group that grants bona fide rights and privileges, such as the right to vote, to elect officers or directors and the ability to hold office, to its members and which uses a majority of its membership dues for purposes other than political purposes. 'Membership organization' does not include organizations that grant membership upon receiving a contribution. A political committee created by membership organization may solicit political contributions only from its members.
(16) (17) 'Name' means the full first name, middle name or initial, if any, and full legal last name of an individual and the full name of any association, corporation, committee or other organization of individuals, making the identity of any person who makes a contribution apparent by unambiguous reference.
(17) (18) 'Person' means an individual, partnership, committee, association and any other organization or group of individuals.
(18) (19) 'Political action committee' means a committee organized by one or more persons for the purpose of supporting or opposing the nomination or election of one or more candidates or the passage or defeat of one or more ballot issues. The following are types of political action committees:
(A) A corporate political action committee, as that term is defined by subsection (7) of this section;
(B) A membership organization, as that term is defined by subsection (16) of this section;
(C) An unaffiliated political action committee, as that term is defined by
subsection (27) of this section.
(20) 'Political committee' means any candidate committee, political action committee or political party committee.
(19) (21) 'Political party' means a political party as that term is defined by section eight, article one, chapter three of this code or any committee established, financed, maintained or controlled by the party, including any subsidiary, branch or local unit thereof and including national or regional affiliates of the party.
(22) 'Political party committee' means a committee established by a political party or political party caucus for the purposes of engaging in the influencing of the election, nomination or defeat of a candidate in any election.
(20) (23) 'Political purposes' means supporting or opposing the nomination, election or defeat of one or more candidates or the passage or defeat of a ballot issue, supporting the retirement of the debt of a candidate or political committee or the administration or activities of an established political party or an organization which has declared itself a political party and determining the advisability of becoming a candidate under the precandidacy financing provisions of this chapter.
(21) (24) 'Targeted to the relevant electorate' means a communication which refers to a clearly identified candidate for statewide office or the Legislature and which can be received by ten thousand or more individuals in the state in the case of a candidacy for statewide office and five hundred or more individuals in the district in the case of a candidacy for the Legislature.
(22) (25) 'Telephone bank' means telephone calls that are targeted to the relevant electorate, other than telephone calls made by volunteer workers, regardless of whether paid professionals designed the telephone bank system, developed calling instructions or trained volunteers.
(23) (26) 'Two-year election cycle' means the 24-month period that begins the day after a general election and ends on the day of the subsequent general election.
(27) 'Unaffiliated political action committee' means a political action committee that is not affiliated with a corporation or a membership organization.
§3-8-2. Accounts for receipts and expenditures in elections; requirements for reporting independent expenditures.

(a) Except for: (1) Candidates for party committeeman and committeewoman; and (2) federal committees required to file under the provisions of 2 U. S. C. §434, all candidates for nomination or election and all persons supporting, aiding or opposing the nomination, election or defeat of any candidate shall keep for a period of six months records of receipts and expenditures which are made for political purposes. All of the receipts and expenditures are subject to regulation by the provisions of this article. Verified financial statements of the records and expenditures shall be made and filed as public records by all candidates and by their financial agents, representatives or any person acting for and on behalf of any candidate and by the treasurers of all political party committees.
(b) In addition to any other reporting required by the provisions of this chapter, any person making an independent expenditure in the amount of one thousand dollars or more for any statewide, legislative or multicounty judicial candidate or in the amount of five hundred dollars or more for any county office, single-county judicial candidate, committee supporting or opposing a candidate on the ballot in more than one county, or any municipal candidate on a municipal election ballot, on or after the eleventh fifteenth day but more than twelve hours before the day of any election shall report the expenditure, on a form prescribed by the Secretary of State, within twenty-four hours after the expenditure is made or debt is incurred for a communication, to the Secretary of State by hand- delivery, facsimile or other means to assure receipt by the Secretary of State within the 24-hour period: Provided, That a person making expenditures in the amount of one thousand dollars or more for any statewide or legislative candidate on or after the fifteenth day but more than twelve hours before the day of any election shall report such expenditures in accordance with section two-b of this article and shall not file an additional report as provided herein.
(c) Any independent expenditure must include a clear and conspicuous public notice which identifies the name of the person who paid for the expenditure and states that the communication is not authorized by the candidate or his or her committee.
(d) Any person who has spent a total of five thousand dollars or more for the direct costs of purchasing, producing or disseminating electioneering communications during any calendar year shall maintain all financial records and receipts related to such expenditure for a period of six months following the filing of a disclosure pursuant to subsection (a) of this section and, upon request, shall make such records and receipts available to the Secretary of State or county clerk for the purpose of an audit as provided in section seven of this article.
(e) Any person who willfully fails to comply with this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than five hundred dollars, or confined in jail for not more than one year, or both fined and confined.
§3-8-2b. Disclosure of electioneering communications.
(a) Every person who has spent:
(1)
A total of five thousand dollars or more for the direct costs of purchasing, producing or disseminating electioneering communications during any calendar year; or
(2) A total of one thousand dollars or more on or after the fifteenth day but more than twelve hours before the day of any election for the direct costs of purchasing, producing or disseminating electioneering communications during any calendar year,
shall, within twenty-four hours of each disclosure date, file with the Secretary of State a statement which contains all of the information listed in subsection (b) of this section.
(b)(1) The name of the person making the expenditure, the name of any person sharing or exercising direction or control over the activities of the person making the expenditure and the name of the custodian of the books and accounts of the person making the expenditure;
(2) If the person making the expenditure is not an individual, the principal place of business of the partnership, committee, association, organization or group which made the expenditure;
(3) The amount of each expenditure of more than one thousand dollars made for electioneering communications during the period covered by the statement and the name of the person to whom the expenditure was made;
(4) The elections to which the electioneering communications pertain, and the names, if known, of the candidates referred to or to be referred to therein, whether the electioneering communications is intended to support or oppose the identified candidates and the amount of the total expenditure reported in subdivision (3) of this subsection spent to support or oppose each of the identified candidates; and
(5) The names and addresses of any contributors who contributed a total of more than one thousand dollars between the first day of the preceding calendar year and the disclosure date and whose contributions were used to pay for electioneering communications.
(b) (c) With regard to the contributors required to be listed pursuant to subdivision (5), subsection (a) (b) of this section, the statement shall also include:
(1) The month, day and year that the contributions of any single contributor exceeded two hundred fifty dollars;
(2) If the contributor is a political action committee, the name and address the political action committee registered with the State Election Commission;
(3) If the contributor is an individual, the name and address of the individual, his or her occupation, the name and address of the individual's current employer, if any, or, if the individual is self-employed, the name and address of the individual's business, if any;
(4) A description of the contribution, if other than money;
(5) The value in dollars and cents of the contribution.
(c) (d)(1) Any person who makes a contribution for the purpose of funding the direct costs of purchasing, producing or disseminating an electioneering communication under this section shall, at the time the contribution is made, provide his or her name and address to the recipient of the contribution;
(2) Any individual who makes contributions totaling two hundred fifty dollars or more between the first day of the preceding calendar year and the disclosure date for the purpose of funding the direct costs of purchasing, producing or disseminating electioneering communications shall, at the time the contribution is made, provide the name of his or her occupation and of his or her current employer, if any, or, if the individual is self-employed, the name of his or her business, if any, to the recipient of the contribution.
(d) (e) In each electioneering communication, a statement shall appear or be presented in a clear and conspicuous manner that:
(1) Clearly indicates that the electioneering communication is not authorized by the candidate or the candidate's committee; and
(2) Clearly identifies the person making the expenditure for the electioneering communication: Provided, That if the electioneering communication appears on or is disseminated by broadcast, cable or satellite transmission, the statement required by this subsection must be both spoken clearly and appear in clearly readable writing at the end of the communication.
(e) (f) Within five business days after receiving a disclosure of electioneering communications statement pursuant to this section, the Secretary of State shall make information in the statement available to the public through the internet.
(f) (g) For the purposes of this section, a person is considered to have made an expenditure when the person has entered into a contract to make the expenditure at a future time.
(g) (h) The Secretary of State is hereby directed to propose legislative rules and emergency rules implementing this section for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code.
(h) (i) If any person, including, but not limited to, a political organization (as defined in Section 527(e)(1) of the Internal Revenue Code of 1986) makes, or contracts to make, any expenditure for electioneering communications which is coordinated with and made with the cooperation, consent or prior knowledge of a candidate, candidate's committee or agent of a candidate, the expenditure shall be treated as a contribution and expenditure by the candidate. If the expenditure is coordinated with and made with the cooperation or consent of a state or local political party or committee, agent or official of that party, the expenditure shall be treated as a contribution to and expenditure by the candidate's party.
(i) (j) This section does not apply to candidates for federal office. This section is not intended to restrict or to expand any limitations on, obligations of or prohibitions against any candidate, committee, agent, contributor or contribution contained in any other provision of this chapter.
§3-8-3. Committee treasurers; required to receive and disburse funds.

Every political party committee shall appoint and retain a treasurer to receive, keep and disburse all sums of money which may be collected or received by such committee, or by any of its members, for election expenses, and, unless such treasurer is first appointed and thereafter retained, it shall be unlawful for any such committee or any of its members to collect, receive or disburse money for any such purposes. All moneys collected or received by any such committee, or by any of its members, for election expenses shall be paid over to, and pass through the hands of, the treasurer, and shall be disbursed by him, and it shall be unlawful for any such committee, or any of its members, to disburse any money for election expenses unless such money shall be paid to, and disbursed by, the treasurer. The same person may be designated to act as treasurer for two or more political party committees.
§3-8-4. Treasurers and financial agents; written designation requirements.
(a) No person may act as the treasurer of any political action committee or political party committee supporting, aiding or opposing the nomination, election or defeat of any candidate for an office encompassing an election district larger than a county unless a written statement of organization, on a form to be prescribed by the Secretary of State, is filed with the Secretary of State at least twenty-eight days before the election at which that person is to act as a treasurer and is received by the Secretary of State before midnight, eastern standard time, of that day or, if mailed, is postmarked before that hour. The form shall include the name of the political committee; the name of the treasurer; the mailing address, telephone number, and e-mail address, if applicable, of the committee, and of the treasurer if different from the committee information; the chairman of the committee; the affiliate organization, if any; type of committee affiliation, as defined in subsection (19), section one-a of this article, if any; and whether the committee will participate in statewide, county or municipal elections. The form shall be certified as accurate and true and signed by the chairman and the treasurer of the committee: Provided, That a change of treasurer or financial agent may be made at any time by filing a written statement with the Secretary of State.
(a) (b) No person may act as the treasurer of any political committee, or as financial agent for any candidate for nomination or election to any statewide office, or to any office encompassing an election district larger than a county or to any legislative office or for any person supporting, aiding or opposing the nomination, election or defeat of any candidate for an office encompassing an election district larger than a county, unless a written statement designating that person as the treasurer or financial agent is filed with the Secretary of State at least twenty-eight days before the election at which that person is to act as a financial agent or treasurer and is received by the Secretary of State before midnight, eastern standard time, of that day or if mailed, is postmarked before that hour: Provided, That a change of treasurer or financial agent may be made at any time by filing a written statement with the Secretary of State.
(b) (c) No person may act as treasurer of any committee or as financial agent for any candidate to be nominated or elected by the voters of a county or a district therein, except legislative candidates, or as the financial agent for a candidate for the nomination or election to any other office, unless a written statement designating him or her as the treasurer or financial agent is filed with the clerk of the county commission at least twenty-eight days before the election at which he or she is to act and is received before midnight, eastern standard time, of that day or if mailed, is postmarked before that hour: Provided, That a change of treasurer may be made at any time by filing a written statement with the clerk of the county commission.
(c) (d) Notwithstanding the provisions of subsections (a), and (b) and (c) of this section, a filing designating a treasurer for a state or county political executive committee may be made anytime before the committee either accepts or spends funds. Once a designation is made by a state or county political executive committee, no additional designations are required under this section until a successor treasurer is designated. A state or county political executive committee may terminate a designation made pursuant to this section by making a written request to terminate the designation and by stating in the request that the committee has no funds remaining in the committee's account. This written request shall be filed with either the Secretary of State or the clerk of the county commission as provided by subsections (a), and (b) and (c) of this section.
§3-8-5. Detailed accounts and verified financial statements required.
(a) Every candidate, financial agent treasurer, person and association of persons, organization of any kind, including every corporation, directly or indirectly, supporting a political committee established pursuant to paragraph (C), subdivision (1), subsection (b), section eight of this article or engaging in other activities permitted by this section and also including the treasurer or equivalent officer of the association or organization, advocating or opposing the nomination, election or defeat of any candidate, and the treasurer of every political party committee shall keep detailed accounts of every sum of money or other thing of value received by him or her, including all loans of money or things of value, and of all expenditures and disbursements made, liabilities incurred, by the candidate, financial agent, person, association or organization or committee, for political purposes, or by any of the officers or members of the committee, or any person acting under its authority or on its behalf.
(b) Every person or association of persons required to keep detailed accounts under this section shall file with the officers hereinafter prescribed a detailed itemized sworn statement, according to the following provisions and times:
(1) On Of all financial transactions, whenever the total exceeds five hundred dollars, which have taken place before the last Saturday in March, or to be filed within six days thereafter and annually whenever the total of all financial transactions relating to an election exceed exceeds five hundred dollars a statement which shall include all financial transactions which have taken place by the date of that statement, subsequent to any previous statement filed within the previous five years under this section;
(2) Not less than ten nor more than seventeen business days thereafter Of all financial transactions which have taken place before the fifteenth day preceding each primary or other election and a statement which shall include all financial transactions which have taken place by the date of the statement, subsequent to the previous statement, if any, to be filed within four business days after the fifteenth day;
(3) Not less than twenty-four nor more than thirty-one days Of all financial transactions which have taken place before the thirteenth day after each primary or other election and subsequent to the previous statement, if any, to be filed within four business days after the thirteenth day a statement which shall include all financial transactions which have taken place by the date of the statement, subsequent to the previous statement; and
(4) On the first Saturday in September or within six business days thereafter Of all financial transactions, whenever the total exceeds five hundred dollars or whenever any loans are outstanding, which have taken place before the forty-third day preceding the general election day, whenever the total of all financial transactions relating to an election exceed five hundred dollars or whenever any loans are outstanding a statement which shall include all financial transactions which have taken place by the date of the statement, subsequent to the previous statement. to be filed within four business days after the forty-third day.
(c) Every person who shall announce announces as a write-in candidate for any elective office and his or her financial agent or election organization of any kind shall comply with all of the requirements of this section after public announcement of the person's candidacy has been made.
(d) For purposes of this section, the term 'financial transactions' includes all contributions or loans received and all repayments of loans or expenditures made to promote the candidacy of any person by any candidate or any organization advocating or opposing the nomination, election or defeat of any candidate to be voted on.
(e) Candidates for the office of conservation district supervisor elected pursuant to the provisions of article twenty-one-a, chapter nineteen of this code shall only be are required to file only the reports required by subdivisions (2) and (3), subsection (b) of this section immediately prior to and after the general primary election: Provided, That during the election in the year two thousand eight, the statements required by this subsection shall be filed immediately prior to and after the general election.
§3-8-5a. Information required in financial statement.
(a) Each financial statement required by the provisions of this article, other than a disclosure of electioneering communications pursuant to section two-b of this article, shall contain only the following information:
(1) The name, residence and mailing address and telephone number of each candidate, financial agent, treasurer or person and the name, address and telephone number of each association, organization or committee filing a financial statement.
(2) The balance of cash and any other sum of money on hand at the beginning and the end of the period covered by the financial statement.
(3) The name of any person making a contribution and the amount of the contribution. If the total contributions of any one person in any one election cycle amount to more than two hundred fifty dollars or more, the residence and mailing address of the contributor and, if the contributor is an individual, his or her major business affiliation and occupation shall also be reported. A contribution totaling more than fifty dollars of currency of the United States or currency of any foreign country by any one contributor is prohibited and a violation of section five-d of this article. The statement on which contributions are required to be reported by this subdivision may not distinguish between contributions made by individuals and contributions made by partnerships, firms, associations, committees, organizations or groups.
(4) The total amount of contributions received during the period covered by the financial statement.
(5) The name, residence and mailing address of any individual or the name and mailing address of each lending institution making a loan or of the spouse cosigning a loan, as appropriate, the amount of any loan received, the date and terms of the loan, including the interest and repayment schedule, and a copy of the loan agreement.
(6) The name, residence and mailing address of any individual or the name and mailing address of each partnership, firm, association, committee, organization or group having previously made or cosigned a loan for which payment is made or a balance is outstanding at the end of the period, together with the amount of repayment on the loan made during the period and the balance at the end of the period.
(7) The total outstanding balance of all loans at the end of the period.
(8) The name, residence and mailing address of any person individual, or the name and mailing address of each partnership, firm, association, committee, organization or group to whom each expenditure was made or liability incurred, including expenditures made on behalf of a candidate or political committee that otherwise are not made directly by the candidate or political committee, together with the amount and purpose of each expenditure or liability incurred and the date of each transaction.
(9) The total expenditure for the nomination, election or defeat of a candidate or any person supporting, aiding or opposing the nomination, election or defeat of any candidate in whose behalf an expenditure was made or a contribution was given for the primary or other election.
(10) The total amount of expenditures made during the period covered by the financial statement.
(b) Any unexpended balance at the time of making the financial statements herein provided for shall be properly accounted for in that financial statement and shall appear as a beginning balance in the next financial statement.
(c) Each financial statement required by this section shall contain a separate section setting forth the following information for each fund-raising event held during the period covered by the financial statement:
(1) The type of event, date held and address and name, if any, of the place where the event was held.
(2) All of the information required by subdivision (3), subsection (a) of this section.
(3) The total of all moneys received at the fund-raising event.
(4) The expenditures incident to the fund-raising event.
(5) The net receipts of the fund-raising event.
(d) When any lump sum payment is made to any advertising agency or other disbursing person who does not file a report of detailed accounts and verified financial statements as required in this section, such lump sum expenditures shall be accounted for in the same manner as provided for herein.
(e) Any contribution or expenditure made by or on behalf of a candidate for public office, to any other candidate or committee for a candidate for any public office in the same election shall be accounted for in accordance with the provisions of this section.
(f) No person may make any contribution except from his, her or its own funds, unless such person discloses in writing to the person required to report under this section the name, residence, mailing address, major business affiliation and occupation of the person which furnished the funds to the contributor. All such disclosures shall be included in the statement required by this section.
(g) Any firm, association, committee or fund permitted by section eight of this article to be a political committee shall disclose on the financial statement its corporate or other affiliation.
(h) No contribution may be made, directly or indirectly, in a fictitious name, anonymously or by one person through an agent, relative or other person so as to conceal the identity of the source of the contribution or in any other manner so as to effect concealment of the contributor's identity.
(i) No person may accept any contribution for the purpose of influencing the nomination, election or defeat of a candidate or for the passage or defeat of any ballot issue unless the identity of the donor and the amount of the contribution is known and reported.
(j) When any person receives an anonymous contribution which cannot be returned because the donor cannot be identified, that contribution shall be donated to the General Revenue Fund of the state. Any anonymous contribution shall be recorded as such on the candidate's financial statement, but may not be expended for election expenses. At the time of filing, the financial statement shall include a statement of distribution of anonymous contributions, which total amount shall equal the total of all anonymous contributions received during the period.
(k) Any membership organization which raises funds for political purposes by payroll deduction, assessing them as part of its membership dues or as a separate assessment, may report the amount raised as follows:
(1) If the portion of dues or assessments designated for political purposes equals twenty-five dollars or less per member over the course of a calendar year, the total amount raised for political purposes through membership dues or assessments during the period is reported by showing the amount required to be paid by each member and the number of members.
(2) If the total payroll deduction for political purposes of each participating member equals twenty-five dollars or less over the course of a calendar or fiscal year, as specified by the organization, the organization shall report the total amount received for political purposes through payroll deductions during the reporting period and, to the maximum extent possible, the amount of each yearly payroll deduction contribution level and the number of members contributing at each such specified level. The membership organization shall maintain records of the name and yearly payroll deduction amounts of each participating member.
(3) If any member contributes to the membership organization through individual voluntary contributions by means other than payroll deduction, membership dues, or assessments as provided in this subsection, the reporting requirements of subdivision (3), subsection (a) of this section shall apply. Funds raised for political purposes must be segregated from the funds for other purposes and listed in its report.
(l) Notwithstanding the provisions of section five of this article or of the provisions of this section to the contrary, an alternative reporting procedure may be followed by a political party executive committee or a political action committee representing a political party in filing financial reports for fund-raising events if the total profit does not exceed five thousand dollars per year. A political party executive committee or a political action committee representing a political party may report gross receipts for the sale of food, beverages, services, novelty items, raffle tickets or memorabilia, except that any receipt of more than fifty dollars from an individual or organization shall be reported as a contribution. A political party executive committee or a political action committee representing a political party using this alternative method of reporting shall report:
(i) The name of the committee;
(ii) The type of fund-raising activity undertaken;
(iii) The location where the activity occurred;
(iv) The date of the fundraiser;
(v) The name of any individual who contributed more than fifty dollars worth of items to be sold;
(vi) The name and amount received from any person or organization purchasing more than fifty dollars worth of food, beverages, services, novelty items, raffle tickets or memorabilia;
(vii) The gross receipts of the fundraiser; and
(viii) The date, amount, purpose and name and address of each person or organization from whom items with a fair market value of more than fifty dollars were purchased for resale.
§3-8-5b. Where financial statements shall be filed; filing date prescribed.

(a) The sworn financial statements provided for in this article shall be filed, by or on behalf of candidates, with:
(1) The
the Secretary of State for legislative offices and for state-wide and other offices to be nominated or elected by the voters of a political division greater than a county, and with the;
(2) The
clerk of the county commission by all other candidates for offices to be nominated or elected by the voters of a single county or a political division within a single county; or
(3) The proper municipal officer by candidates for office to be nominated or elected to municipal office
.
(b) The statements may be filed by mail, in person, or by facsimile or other electronic means of transmission. Provided, That the financial statements filed by or on behalf of candidates for Governor, Secretary of State, Attorney General, Auditor, Treasurer, Commissioner of Agriculture and Supreme Court of Appeals shall be filed electronically by the means of an internet program to be established by the Secretary of State.
(c) Committees required to report electronically may apply to the State Election Commission for an exemption from mandatory electronic filing in the case of hardship. An exemption may be granted at the discretion of the State Election Commission.
(c) (d) For purposes of this article, the filing date of a financial statement shall, in the case of mailing, be the date of the postmark of the United States postal service, and in the case of hand delivery or delivery by facsimile or other electronic means of transmission, the date delivered to the office of the Secretary of State or to the office of the clerk of the county commission, in accordance with the provisions of subsection (a) of this section, during regular business hours of such office.
(d) (e) The sworn financial statements required to be filed by this section with the Secretary of State shall be posted on the internet by the Secretary of State within forty-five ten business days from the date the financial statement was filed.
§3-8-5e. Precandidacy financing and expenditures.
(a) Notwithstanding any other provisions of this code, it shall be is lawful for a person, otherwise qualified to be a candidate for any public office or position to be determined by public election, to receive contributions or make expenditures, or both, personally or by another individual acting as a treasurer or financial agent, to determine the advisability of becoming such a candidate or preparing to be such a candidate: Provided, That such contributions may be received and such expenditures made only during the four years immediately preceding the term for which such person may be a candidate or during the term of office immediately preceding the term for which such person may be a candidate, whichever is less: Provided, however, That no person shall be is disqualified from receiving contributions or making expenditures as permitted under the provisions of this section solely because such person then holds a public office or position.
(b) Any person undertaking to determine the advisability of becoming or preparing to be a candidate, who desires to receive contributions before filing a certificate of candidacy, shall name himself or another individual to act as a treasurer or financial agent and shall file a designation of financial agent treasurer in the manner provided in section four of this chapter before receiving any contributions permitted by this section. Any expenditures made before the filing of a designation of financial agent treasurer shall be reported in accordance with the provisions of this section, regardless of the source of funds used for such expenditures.
(c) A person who receives a contribution who is acting for and by himself or as treasurer or agent for another pursuant to the provisions of this section shall keep detailed accounts of every sum of money or other thing of value received by him, and of all expenditures and disbursements made, and liabilities incurred, in the same manner as such accounts are required by section five of this article, for the period prior to the date of filing for candidacy for the office he is considering seeking. Any such person who has received contributions or made expenditures subject to the provisions of this section shall file annually on the last Saturday in March, and also on the last Saturday in March or within fifteen six days thereafter next preceding the election at which the names of candidates would appear on the ballot for the public office or position which the person originally considered seeking, a detailed itemized statement subscribed and sworn to before an officer authorized to administer oaths, setting forth all contributions received and expenditures made pursuant to the provisions of this section concerning the candidacy of that person. If the person on whose behalf such contributions are received or expenditures are made becomes a candidate for any office or position to be decided at such election then the itemized statement shall be included within the first statement required to be filed by the provisions of section five of this article. If such person does not become a candidate for any office or position to be decided at such election, then the detailed itemized statement statements required by this subsection shall be the only statement statements required to be filed by such person. Regardless of whether such person becomes a candidate as originally intended, or becomes a candidate for some office other than the office or position originally intended, or does not become a candidate, all limits on campaign contributions and campaign expenditures applicable to the candidacy of or advocacy of the candidacy of such person for the office he actually seeks, shall be applicable to and inclusive of the receipts had and expenditures made during such precandidacy period as well as after the person becomes a candidate."
On motion of Delegate Webster, the amendment was amended on page on page eight, section one-A, subdivision (16), line eighteen, after the word "contribution" and the period by striking the remainder of the subdivision.

The question before the House being the amendment by the Committee on the Judiciary, as amended, the same was put and prevailed.
The bill was then ordered to third reading.

Delegate DeLong moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 362), 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: Canterbury, Talbott and Ron Thompson.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 363), 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: Canterbury, 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. 713) 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. 713 - "A Bill to amend and reenact §3-8-1a, §3-8-2, §3-8-2b, §3-8-3, §3-8-4, §3-8-5, §3-8-5a, §3-8-5b and §3-8-5e of the Code of West Virginia, 1931, as amended, all relating to campaign finance filings; defining terms; setting value for in-kind contributions; permitting a political committee created by a membership organization to solicit contributions only from its members; requiring expedited filings of independent expenditure filings within fifteen days of election; requiring certain independent expenditures to be filed as electioneering communications; requiring disclosure as to whether an electioneering communication is intended to support or oppose an identified candidate; lowering the threshold of electioneering communications to be reported fifteen days prior to an election; modifying requirements for political committee treasurers of candidates from offices larger than one county; modifying the reporting periods; requiring certain information for contributions in excess of two hundred fifty dollars; clarifying that details of third- party expenditures must be filed; requiring electronic filing for statewide candidates; and clarifying where campaign finance reports are filed."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 747, Creating Municipal Home Rule Pilot Program; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page two, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following language:
"ARTICLE 1. PURPOSE AND SHORT TITLE; DEFINITIONS; GENERAL PROVISIONS; CONSTRUCTION.

§8-1-5a. Pilot program to increase powers of municipal self government.
(a) The Legislature finds and declares that:
(1) The future economic progress for the State of West Virginia is directly related to the success of its municipalities in that stronger municipalities will make for a stronger West Virginia;
(2) Municipalities face numerous challenges managing their budgets and delivering services required by federal or state law or demanded by their constituents;
(3) Municipalities are sometimes restricted by state statutes, policies, rules and responsibilities that prevent them from carrying out their duties and responsibilities in a cost effective, efficient and timely manner; and
(4) Authorizing pilot municipalities and metro governments in West Virginia to exercise broad-based home rule will allow the Legislature the opportunity to evaluate the viability of allowing municipalities to have broad-based state home rule to improve urban and state development.
(b)
It is the intent of the Legislature in enacting this section to establish a framework for municipalities within which new ideas can be explored to see if they can or should be implemented on a statewide basis.
(c) Effective the first day of July, two thousand seven, there is hereby created a pilot program to be known as the Municipal Home Rule Pilot Program authorizing five selected Class I, Class II and/or Class III municipalities and/or metro governments the authority to enact any ordinances, acts, resolutions, rules and regulations not contrary to the constitutions of the United States or West Virginia, federal law, or chapters sixty-a, sixty-one and sixty-two of this code.
(d) To be eligible to participate in the Municipal Home Rule Pilot Program the applicant shall:
(1) Be a Class I, Class II and/or Class III municipality, and/or metro government:
Provided, That a municipality considering consolidation or establishing a metro government shall have no more than two years from the date it is selected for the pilot program to complete its consolidation or metro government process or its participation in the pilot program will terminate at the end of the two-year period; and
(2) Have a written plan stating in detail the following:
(A) The specific laws, policies, rules or regulations which prevent the municipality from carrying out its duties in the most cost efficient, effective and timely manner;
(B) The problems created by the laws, policies, rules or regulations; and
(C) The proposed solutions to the problems, including all proposed changes to ordinances, acts, resolutions, rules and regulations.
(e) Effective the first day of July, two thousand seven, there is hereby created a Municipal Home Rule Board consisting of the following seven members:
(1) The Governor, or a designee, who shall serve as chair;
(2) The Executive Director of the West Virginia Development Office, or a designee;
(3) The chair of the Senate Committee on Government Organization, or a designee;
(4) The chair of the House of Delegates Committee on Government Organization, or a designee; and
(5) Three members representing the business community as follows:
(A) One member shall be a representative of a local chamber of commerce, selected by the West Virginia State Chamber of Commerce, and shall be from the first congressional district;
(B) One member shall be a representative of the Business and Industry Council, and shall be from the second congressional district; and
(C) One member shall be a representative of Vision Shared, Inc., and shall be from the third congressional district.
(f) The board has the powers necessary to implement the provisions of this section, including the following:
(1) Reviewing, evaluating and making recommendations to the proposed plans submitted by eligible municipalities and/or metro governments;
(2) Consulting with state agencies affected by the proposed plans;
(3) Selecting municipalities and/or metro governments to participate in the pilot program;
(4) Approving the plans of selected pilot program participants; and,
(5) Authorizing amendments to approved plans.
(g) On or before the first day of January, two thousand eight, an eligible municipality and/or metro government wanting to participate in the pilot program shall submit a written plan as described in subdivision (2), subsection (d) of this section to the board.
(h) On or before the first day of June, two thousand eight, the board shall select by a majority vote of the members present, at least one, but not more than five municipalities and/or metro governments to participate in the pilot program.
(i) The pilot municipalities and/or metro governments selected to participate in the pilot program shall have the following powers:
(1) The authority to pass any ordinances, acts, resolutions, rules and regulations not contrary to the constitutions of the United States or West Virginia, federal law, or chapters sixty-a, sixty-one and sixty-two of this code as specified in their written and approved plans; and
(2) Any other powers necessary to implement the provisions of this section.
(j) Before the first day of July, two thousand twelve, the Performance Evaluation and Research Division under the Legislative Auditor shall conduct a performance review on the pilot program and the participating municipalities and/or metro governments. The review shall include the following:
(1) An evaluation of the effectiveness of expanded home rule on the participating municipalities and/or metro governments;
(2) A recommendation as to whether the expanded home rule should be continued, reduced, expanded or terminated;
(3) A recommendation as to whether any legislation is necessary; and
(4) Any other issues considered relevant.
(k) On or before the first day of January, two thousand thirteen, the Performance Evaluation and Research Division under the Legislative Auditor shall report to the Joint Committee on Government Organization the findings of the performance review.
(l) The pilot program terminates on the first day of July, two thousand thirteen.
(m) No ordinances, acts, resolutions, rules or regulations may be enacted by a municipality or metro government after the first day of July, two thousand thirteen, pursuant to the provisions of this section, unless otherwise authorized by the Legislature.
§8-1-7. Construction of powers and authority granted.
(a) The enumeration of powers and authority granted in this chapter shall not operate to exclude the exercise of other powers and authority fairly incidental thereto or reasonably implied and within the purposes of this chapter or in accordance with the provisions of the Municipal Home Rule Amendment to the constitution of this state, the powers and authority granted by such Constitution, other provisions of this code and any existing charter. and the The provisions of this chapter shall be given full effect without regard to the common-law rule of strict construction and particularly when the powers and authority are exercised by charter provisions framed and adopted or adopted by revision of a charter as a whole or adopted by charter amendment under the provisions of this chapter.
(b) Any charter provision framed and adopted or adopted by revision of a charter as a whole or adopted by charter amendment under the provisions of former chapter eight-a of this code or under the provisions of this chapter which is beyond the power and authority of a city municipality and any ordinance provision which is beyond the power and authority of a municipality shall be of no force and effect."
On motion of Delegate DeLong, the bill was then advanced to third reading and the rule was suspended to permit the offering and consideration of an amendment offered by Delegate Sobonya on that reading.

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 second reading, coming up in regular order, was read a second time and ordered to third reading.
First Reading

Com. Sub. for S. B. 425, Relating to Water Pollution Control Revolving Fund loans; on first reading, coming up in regular order, was read a first time and ordered to second reading.
Messages from the Senate


A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 760 - "A Bill to amend and reenact §4-2A-2, §4-2A-4, §4-2A-6 and §4-2A-7 of the Code of West Virginia, 1931, as amended, all relating to the compensation and expenses of legislators; increasing the basic compensation and expense reimbursement for members of the Legislature; providing a schedule of payment for compensation; increasing the additional compensation of presiding officers, majority and minority leaders and specified committee chairs, as well as certain other members to be designated by the presiding officers; increasing from four to six the number of other members that may be designated by the presiding officers to receive extra compensation and corresponding reimbursement of expenses; removing certain limits on the number of days for which extra compensation and expenses may be paid; and removing the requirement that to be compensated for additional days that the legislative business for which the member is to be compensated be performed in the capitol."
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the bill (Com. Sub. for S. B. 760) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
A message from the Senate, by
The Clerk of the Senate, announced the adoption of the report of the Committee of Conference on and the passage, as amended by said report, of
H. B. 2718, Authorizing West Virginia Lottery Table Games at State Racetracks.
Delegate Hartman announced that he was absent on today when the votes were taken on Roll Nos. 345 through 359, and that had he been present, he would have voted "Yea" thereon.
At 4:18 p.m., on motion of Delegate DeLong, the House of Delegates recessed until 6:00 p.m., and reconvened at that time.
* * * * * * * * * * * *

Evening Session

* * * * * * * * * * * *

Reordering of the Calendar

Delegate DeLong announced that the Committee on Rules had transferred Com. Sub. for S. B. 738, on second reading, House Calendar, to the Special Calendar.
At the request of Delegate DeLong, and by unanimous consent, the House of Delegates returned to the Eleventh Order of Business.
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 second reading, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page two, section six-a, line one, by striking out the words "Prior to" and inserting in lieu thereof the words "At least sixty days prior to a vote on".
And,
On page two, section six-a, line eight, by striking subsection (b) in its entirety and inserting in lieu thereof the following:
"(b) Following the adoption of any new toll or a revision to an existing toll on any parkways project, the parkways authority shall report to the Joint Committee on Government and Finance a supplement to the report required in subsection (a) of this section detailing any changes to the information previously reported and any information requested by the Joint Committee on Government and Finance."
The bill was then ordered to third reading.
At the request of Delegate DeLong, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.
Committee Reports

Chairman Poling, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
S. B. 165, Creating funding program for certain schools instituting school uniform policies,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (S. B. 165) to the Committee on Finance was abrogated.
On motion for leave, a resolution was introduced (Originating in the Committee on Education and reported with the recommendation that it be adopted), which was read by its title and referred to the Committee on Rules:
By Delegates M. Poling, Paxton, Perry, Pethtel, Moye, Rodighiero, Wysong, Browning, Frederick, Ellis, Stephens, Ennis, Crosier, Wells, Shaver, Duke, Sumner, Romine, Rowan and Tansill:

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."
Whereas, Intuitively, the value of the state's investments in quality early childhood education in the pre-kindergarten and primary grades may be diminished if the length of the children's daily bus ride to and from the school interferes with their mental alertness, attitude and enjoyment of a positive school experience; and
Whereas, The school systems must also have flexibility in providing school bus transportation systems that are responsive to the changing residential locations of families, the special needs of students, road maintenance and many other circumstances that affect bus routes and the length of student bus rides; and
Whereas, The goal of limiting the length of the bus rides of children in the pre-kindergarten and elementary grades to no more than thirty minutes is currently set forth in the policies of the West Virginia Board of Education and is a goal worthy of the best efforts of the school systems to achieve; therefore, be it
Resolved by the Legislature of West Virginia:
That the joint committee on government and finance is hereby requested to make a study on minimizing the school bus transportation times for students in the kindergarten and elementary grades; and be it
Further Resolved, That the said joint committee on government and finance is requested to conduct the study and prepare a report of its findings, conclusions and recommendations together with drafts of any legislation necessary to effectuate its recommendations; and be it
Further Resolved, That the joint committee on government and finance is requested to 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 draft necessary legislation are requested to be paid from legislative appropriations to the Joint Committee on Government and Finance.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 196, Relating to juvenile custody,
And,
S. B. 613, Relating to crossbow restrictions,
And reports the same back with the recommendation that they each do pass.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 697, Creating Appalachian Region Interstate Compact,

And reports the same back, with amendment, with the recommendation that it do pass, as amended.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 679, Relating to Water Resource Protection and Management Act,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 524, Requiring proof of lawful disposal of solid waste,
And reports the same back with the recommendation that it do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
S. B. 758, Supplementing, amending, reducing and increasing appropriation to Division of Human Services,
And,
S. B. 759, Making supplemental appropriation to Division of Health and Board of Examiners for Registered Professional Nurses,
And reports the same back with the recommendation that they each do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
S. B. 631, Providing refundable exemption for certain contractor purchases,
Com. Sub. for S. B. 742, Exempting certain airplanes from personal property tax,
And,
S. B. 749, Relating to corporation net income tax,
And reports the same back, with amendment, with the recommendation that they each do pass.
Delegate DeLong requested and obtained unanimous consent that all bills just reported be read a first time and ordered to second reading, which were as follows:
Com. Sub. for S. B. 165, Creating funding program for certain schools instituting school uniform policies,
Com. Sub. for S. B. 196, Relating to juvenile custody,
Com. Sub. for S. B. 524, Requiring proof of lawful disposal of solid waste, S. B. 613, Relating to crossbow restrictions,
S. B. 631, Providing refundable exemption for certain contractor purchases,
Com. Sub. for S. B. 679, Relating to Water Resource Protection and Management Act,
Com. Sub. for S. B. 697, Creating Appalachian Region Interstate Compact,
S. B. 742, Exempting certain airplanes from personal property tax,
Com. Sub. for S. B. 749, Relating to corporation net income tax,
S. B. 758, Supplementing, amending, reducing and increasing appropriation to Division of Human Services,
And,
S. B. 759, Making supplemental appropriation to Division of Health and Board of Examiners for Registered Professional Nurses.
Senator Doyle, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 8TH day of March, 2007, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
(Com. Sub. for S. B. 96), Authorizing fire department-owned apparatuses use yellow flashing lights.
(Com. Sub. for S. B. 148), Providing breast feeding not considered public indecency.
(Com. Sub. for S. B. 169), Requiring insurance companies obtain title to certain totaled vehicles.
(S. B. 171), Continuing Board of Accountancy.
(S. B. 172), Continuing Board of Respiratory Care Practitioners.
(S. B. 186), Continuing Board of Embalmers and Funeral Directors.
(S. B. 190), Continuing Board of Examiners of Psychologists.
(S. B. 376), Assessing fee for processing scientific collecting permits.
And,
(S. B. 412), Providing penalties for hand held cell phone violations by minor while driving.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take effect July 1, 2007, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 2777, Relating to compensation of public school teachers and school 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:
"ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-2. State minimum salaries for teachers.
(a) Each teacher shall receive the amount prescribed in the 2005-06 State Minimum Salary Schedule I as set forth in this section, specific additional amounts prescribed in this section or article and any county supplement in effect in a county pursuant to section five-a of this article during the contract year. Provided, That beginning on the first day of the second quarter of the teacher's employment term in the school year two thousand five-two thousand six seven through the thirtieth day of June, two thousand six, each teacher shall receive the amount prescribed in the 2005-06 State Minimum Salary Schedule II as set forth in this section, specific additional amounts prescribed in this section or article and any county supplement in effect in a county pursuant to section five-a of this article during the contract year: Provided, however, That any salary increase that a teacher is entitled to receive as a result of the enactment of the 2005-06 State Minimum Salary Schedule II shall not be paid until the first pay date after the first day of November, two thousand five.
Effective the first day of July, two thousand six, through the thirtieth day of June, two thousand seven, each teacher shall receive the amount prescribed in the 2006-07 State Minimum Salary Schedule as set forth in this section, specific additional amounts prescribed in this section or article and any county supplement in effect in a county pursuant to section five-a of this article during the contract year.
(a) Effective the first day of July, two thousand seven, through the thirtieth day of June, two thousand eight, each teacher shall receive the amount prescribed in the 2007-08 State Minimum Salary Schedule as set forth in this section, specific additional amounts prescribed in this section or article and any county supplement in effect in a county pursuant to section five-a of this article during the contract year.
Effective the first day of July, two thousand eight, and thereafter, each teacher shall receive the amount prescribed in the 2008-09 State Minimum Salary Schedule as set forth in this section, specific additional amounts prescribed in this section or article and any county supplement in effect in a county pursuant to section five-a of this article during the contract year.
41,04641,78142,51643,25144,2512732,05632,69232,92839,10439,83941,54742,28243,01743,75244,7522832,37433,01033,24539,60540,34042,04842,78343,51844,25345,2532932,69233,32833,56240,10640,84142,54943,28444,01944,75445,7543033,01033,64633,87940,60741,34243,05043,78544,52045,25546,2553133,32833,96434,19641,10841,84343,55144,28645,02134,75646,7563233,64634,28234,51341,60942,34444,05244,78745,52246,25747,2573333,96434,60034,83042,11042,84544,55345,28846,02346,75847,7583434,28234,91835,14742,61143,34645,05445,78946,52447,25948,2593534,60035,23635,46443,11243,84745,55546,29047,02547,76048,760
        2006-07 STATE MINIMUM SALARY SCHEDULE    
                     
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Years 4th 3rd 2nd   A.B.   M.A. M.A. M.A.  
Exp. Class Class Class A.B. +15 M.A. +15 +30 +45 Doctorate
0 23,238 23,875 24,130 25,340 26,075 27,783 28,518 29,532 29,988 30,988
1 23,555 24,192 24,447 25,841 26,576 28,284 29,019 29,754 30,489 31,489
2 23,872 24,510 24,765 26,342 27,077 28,785 29,520 30,255 30,990 31,990
3 24,190 24,827 25,082 26,843 27,578 29,286 30,021 30,756 31,491 32,491
4 24,743 25,380 25,636 27,580 28,315 30,023 30,758 31,493 32,228 33,228
5 25,060 25,698 25,953 28,081 28,816 30,524 31,259 31,994 32,729 33,729
6 25,378 26,015 26,270 28,582 29,317 31,025 31,760 32,495 33,230 34,230
7 25,696 26,332 26,588 29,083 29,818 31,526 32,261 32,996 33,731 34,731
8 26,014 26,650 26,905 29,584 30,319 32,027 32,762 33,497 34,232 35,232
9 26,332 26,968 27,222 30,085 30,820 32,528 33,263 33,998 34,733 35,733
10 26,650 27,286 27,539 30,587 31,322 33,030 33,765 34,500 35,235 36,235
11   27,604 27,856 31,088 31,823 33,531 34,266 35,001 35,736 36,736
12   27,922 28,173 31,589 32,324 34,032 34,767 35,502 36,237 37,237
13     28,490 32,090 32,825 34,533 35,268 36,003 36,738 37,738
14     28,807 32,591 33,326 35,034 35,769 36,504 37,239 38,239
15       33,092 33,827 35,535 36,270 37,005 37,740 38,740
16       33,593 34,328 36,036 36,771 37,506 38,241 39,241
17       34,094 34,829 36,537 37,272 38,007 38,742 39,742
18           37,038 37,773 38,508 39,243 40,243
19           37,539 38,274 39,009 39,744 40,744
20           38,040 38,775 39,510 40,245 41,245
21               40,011 40,746 41,746
22               40,512 41,247 42,247
23               41,013 41,748 42,748
                     
        2007-08 STATE MINIMUM SALARY SCHEDULE    
                     
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Years 4th 3rd 2nd   A.B.   M.A. M.A. M.A.  
Exp. Class Class Class A.B. +15 M.A. +15 +30 +45 Doctorate
0 23,238 23,875 24,130 25,340 26,075 27,783 28,518 29,253 29,988 30,988
1 23,555 24,192 24,447 25,841 26,576 28,284 29,019 29,754 30,489 31,489
2 23,872 24,510 24,765 26,342 27,077 28,785 29,520 30,255 30,990 31,990
3 24,190 24,827 25,082 26,843 27,578 29,286 30,021 30,756 31,491 32,491
4 24,743 25,380 25,636 27,580 28,315 30,023 30,758 31,493 32,228 33,228
5 25,060 25,698 25,953 28,081 28,816 30,524 31,259 31,994 32,729 33,729
6 25,378 26,015 26,270 28,582 29,317 31,025 31,760 32,495 33,230 34,230
7 25,696 26,332 26,588 29,083 29,818 31,526 32,261 32,996 33,731 34,731
8 26,014 26,650 26,905 29,584 30,319 32,027 32,762 33,497 34,232 35,232
9 26,332 26,968 27,222 30,085 30,820 32,528 33,263 33,998 34,733 35,733
10 26,650 27,286 27,539 30,587 31,322 33,030 33,765 34,500 35,235 36,235
11 26,968 27,604 27,856 31,088 31,823 33,531 34,266 35,001 35,736 36,736
12 27,286 27,922 28,173 31,589 32,324 34,032 34,767 35,502 36,237 37,237
13 27,604 28,240 28,490 32,090 32,825 34,533 35,268 36,003 36,738 37,738
14   28,558 28,807 32,591 33,326 35,034 35,769 36,504 37,239 38,239
15   28,876 29,124 33,092 33,827 35,535 36,270 37,005 37,740 38,740
16     29,441 33,593 34,328 36,036 36,771 37,506 38,241 39,241
17     29,758 34,094 34,829 36,537 37,272 38,007 38,742 39,742
18       34,595 35,330 37,038 37,773 38,508 38,243 40,243
19       35,096 35,831 37,539 38,274 39,009 39,744 40,744
20       35,597 36,332 38,040 38,775 39,510 40,245 41,245
21           38,541 39,276 40,011 40,746 41,746
22           39,042 39,777 40,512 41,247 42,247
23           39,543 40,278 41,013 41,748 42,748
24               41,514 42,249 43,249
25               42,015 42,750 43,750
26               42,516 43,251 44,251
                     
        2008-09 STATE MINIMUM SALARY SCHEDULE    
                     
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Years 4th 3rd 2nd   A.B.   M.A. M.A. M.A.  
Exp. Class Class Class A.B. +15 M.A. +15 +30 +45 Doctorate
0 23,238 23,875 24,130 25,340 26,075 27,783 28,518 29,253 29,988 30,988
1 23,555 24,192 24,447 25,841 26,576 28,284 29,019 29,754 30,489 31,489
2 23,872 24,510 24,765 26,342 27,077 28,785 29,520 30,255 30,990 31,990
3 24,190 24,827 25,082 26,843 27,578 29,286 30,021 30,756 31,491 32,491
4 24,743 25,380 25,636 27,580 28,315 30,023 30,758 31,493 32,228 33,228
5 25,060 25,698 25,953 27,081 28,816 30,524 31,259 31,994 32,729 33,729
6 25,378 26,015 26,270 28,582 29,317 31,025 31,760 32,495 33,230 34,230
7 25,696 26,332 26,588 29,083 29,818 31,526 32,261 32,996 33,731 34,731
8 26,014 26,650 26,905 29,584 30,319 32,027 32,762 33,497 34,232 35,232
9 26,332 26,968 27,222 30,085 30,820 32,528 33,263 33,998 34,733 35,733
10 26,650 27,286 27,539 30,587 31,322 33,030 33,765 34,500 35,235 36,235
11 26,968 27,604 27,856 31,088 31,823 33,531 34,266 35,001 35,736 36,736
12 27,286 27,922 28,173 31,589 32,324 34,032 34,767 35,502 36,237 37,237
13 27,604 28,240 28,490 32,090 32,825 34,533 35,268 36,003 36,738 37,738
14 27,922 28,558 28,807 32,591 33,326 35,034 35,769 36,504 37,239 38,239
15 28,240 28,876 29,124 33,092 33,827 35,535 36,270 37,005 37,740 38,740
16 28,558 29,194 29,441 33,593 34,328 36,036 36,771 37,506 38,241 39,241
17 28,876 29,512 29,758 34,094 34,829 36,537 37,272 38,007 38,742 39,742
18 29,194 29,830 30,075 34,595 35,330 37,038 37,773 38,508 38,243 40,243
19 29,512 30,148 30,392 35,096 35,831 37,539 38,274 39,009 39,744 40,744
20 29,830 30,466 30,709 35,597 36,332 38,040 38,775 39,510 40,245 41,245
21 30,148 30,784 31,026 36,098 36,833 38,541 39,276 40,011 40,746 41,746
22 30,466 31,102 31,343 36,599 37,334 39,042 39,777 40,512 41,247 42,247
23 30,784 31,420 31,660 37,100 37,835 39,543 40,278 41,013 41,748 42,748
24 31,102 31,738 31,977 37,601 38,336 40,044 40,779 41,514 42,249 43,249
25 31,420 32,056 32,294 38,102 38,837 40,545 41,280 42,015 42,750 43,750
26 31,738 32,374 32,611 38,603 39,338



2007-08 STATE MINIMUM SALARY SCHEDULE

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Years
Exp.
4th
Class

3rd
Class

2nd
Class

  A.B.
+15
  M.A.
+15
M.A.
+30

M.A.
+45
Doc- torate
        A.B.
  M.A.
       
0 24,051 24,711 24,975 26,227 26,988 28,755 29,516 30,277 31,038 32,073
1 24,379 25,039 25,303 26,745 27,506 29,274 30,035 30,795 31,556 32,591
2 24,708 25,367 25,631 27,264 28,025 29,792 30,553 31,314 32,075 33,110
3 25,036 25,695 25,959 27,783 28,543 30,311 31,072 31,832 32,593 33,628
4 25,608 26,267 26,531 28,545 29,306 31,074 31,835 32,595 33,356 34,391
5 25,936 26,595 26,859 29,064 29,825 31,592 32,353 33,114 33,875 34,910
6 26,264 26,923 27,187 29,582 30,343 32,111 32,872 33,632 34,393 35,428
7 26,592 27,252 27,515 30,101 30,862 32,629 33,390 34,151 34,912 35,947
8 26,920 27,580 27,844 30,619 31,380 33,148 33,909 34,669 35,430 36,465
9 27,248 27,908 28,172 31,138 31,899 33,666 34,427 35,188 35,949 36,984
10 27,577 28,236 28,500 31,657 32,417 34,185 34,946 35,706 36,467 37,502
11 27,905 28,564 28,828 32,175 32,936 34,704 35,464 36,225 36,986 38,021
12 28,233 28,892 29,156 32,694 33,454 35,222 35,983 36,744 37,504 38,539
13 28,561 29,220 29,484 33,212 33,973 35,741 36,501 37,262 38,023 39,058
14 28,561 29,548 29,812 33,731 34,491 36,259 37,020 37,781 38,541 39,576
15 28,561 29,876 30,140 34,249 35,010 36,778 37,538 38,299 39,060 40,095
16 28,561 29,876 30,468 34,768 35,528 37,296 38,057 38,818 39,578 40,613
17 28,561 29,876 30,796 35,286 36,047 37,815 38,575 39,336 40,097 41,132
18 28,561 29,876 30,796 35,805 36,566 38,333 39,094 39,855 40,615 41,650
19 28,561 29,876 30,796 36,323 37,084 38,852 39,613 40,373 41,134 42,169
20 28,561 29,876 30,796 36,842 37,603 39,370 40,131 40,892 41,653 42,688
21 28,561 29,876 30,796 36,842 37,603 39,889 40,650 41,410 42,171 43,206
22 28,561 29,876 30,796 36,842 37,603 40,407 41,168 41,929 42,690 43,725
23 28,561 29,876 30,796 36,842 37,603 40,926 41,687 42,447 43,208 44,243
24 28,561 29,876 30,796 36,842 37,603 40,926 41,687 42,966 43,727 44,762
25 28,561 29,876 30,796 36,842 37,603 40,926 41,687 43,484 44,245 45,280
26 28,561 29,876 30,796 36,842 37,603 40,926 41,687 44,003 44,764 45,799
27 28,561 29,876 30,796 36,842 37,603 40,926 41,687 44,003 44,764 45,799
28 28,561 29,876 30,796 36,842 37,603 40,926 41,687 44,003 44,764 45,799
29 28,889 30,204 31,125 37,360 38,121 41,445 42,205 44,522 45,282 46,317
30 29,217 30,533 31,453 37,879 38,640 41,963 42,724 45,040 45,801 46,836
31 29,545 30,861 31,781 38,397 39,158 42,482 43,242 45,559 46,319 47,354
32 29,873 31,189 32,109 38,916 39,677 43,000 43,761 46,077 46,838 47,873
33 30,201 31,517 32,437 39,435 40,195 43,519 44,279 46,596 47,356 48,391
34 30,529 31,845 32,765 39,953 40,714 44,037 44,798 47,114 47,875 48,910
35 30,857 32,173 33,093 40,472 41,232 44,556 45,316 47,633 48,393 49,428
2008-09 STATE MINIMUM SALARY SCHEDULE
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Years
Exp.
4th
Class

3rd
Class

2nd
Class

  A.B.
+15
  M.A.
+15
M.A.
+30

M.A.
+45
Doc- torate
        A.B.
  M.A.
       
0 24,051 24,711 24,975 26,227 26,988 28,755 29,516 30,277 31,038 32,073
1 24,379 25,039 25,303 26,745 27,506 29,274 30,035 30,795 31,556 32,591
2 24,708 25,367 25,631 27,264 28,025 29,792 30,553 31,314 32,075 33,110
3 25,036 25,695 25,959 27,783 28,543 30,311 31,072 31,832 32,593 33,628
4 25,608 26,267 26,531 28,545 29,306 31,074 31,835 32,595 33,356 34,391
5 25,936 26,595 26,859 29,064 29,825 31,592 32,353 33,114 33,875 34,910
6 26,264 26,923 27,187 29,582 30,343 32,111 32,872 33,632 34,393 35,428
7 26,592 27,252 27,515 30,101 30,862 32,629 33,390 34,151 34,912 35,947
8 26,920 27,580 27,844 30,619 31,380 33,148 33,909 34,669 35,430 36,465
9 27,248 27,908 28,172 31,138 31,899 33,666 34,427 35,188 35,949 36,984
10 27,577 28,236 28,500 31,658 32,418 34,186 34,947 35,708 36,468 37,503
11 27,905 28,564 28,828 32,176 32,937 34,705 35,465 36,226 36,987 38,022
12 28,233 28,892 29,156 32,695 33,455 35,223. 35,984 36,745 37,505 38,540
13 28,561 29,220 29,484 33,213 33,974 35,742 36,502 37,263 38,024 39,059
14 28,889 29,548 29,812 33,732 34,492 36,260, 37,021 37,782 38,542 39,577
15 29,217 29,876 30,140 34,250 35,011 36,779 37,539 38,300 39,061 40,096
16 29,545 30,204 30,468 34,769 35,529 37,297 38,058 38,819 39,579 40,614
17 29,873 30,533 30,796 35,287 36,048 37,816 38,577 39,337 40,098 41,133
18 30,201 30,861 31,125 35,806 36,567 38,334 39,095 39,856 40,617 41,652
19 30,529 31,189 31,453 36,324 37,085 38,853 39,614 40,374 41,135 42,170
20 30,857 31,517 31,781 36,843 37,604 39,371 40,132 40,893 41,654 42,689
21 31,186 31,845 32,109 37,361 38,122 39,890 40,651 41,411 42,172 43,207
22 31,514 32,173 32,437 37,880 38,641 40,408 41,169 41,930 42,691 43,726
23 31,842 32,501 32,765 38,399 39,159 40,927 41,688 42,448 43,209 44,244
24 32,170 32,829 33,093 38,917 39,678 41,446 42,206 42,967 43,728 44,763
25 32,498 33,157 33,421 39,436 40,196 41,964 42,725 43,486 44,246 45,281
26 32,826 33,485 33,749 39,954 40,715 42,483 43,243 44,004 44,765 45,800
27 33,154 33,813 34,077 40,473 41,233 43,001 43,762 44,523 45,283 46,318
28 33,482 34,142 34,405 40,991 41,752 43,520 44,280 45,041 45,802 46,837
29 33,810 34,470 34,734 41,510 42,270 44,038 44,799 45,560 46,320 47,355
30 34,138 34,798 35,062 42,028 42,789 44,557 45,317 46,078 46,839 47,874
31 34,467 35,126 35,390 42,547 43,308 45,075 45,836 46,597 47,357 48,392
32 34,795 35,454 35,718 43,065 43,826 45,594 46,355 47,115 47,876 48,911
33 35,123 35,782 36,046 43,584 44,345 46,112 46,873 47,634 48,395 49,430
34 35,451 36,110 36,374 44,102 44,863 46,631 47,392 48,152 48,913 49,948
35 35,779 36,438 36,702 44,621 45,382 47,149 47,910 48,671 49,432 50,467

(b) Six hundred dollars shall be paid annually to each classroom teacher who has at least twenty years of teaching experience. The payments: (i) Shall be in addition to any amounts prescribed in the applicable state minimum salary schedule; (ii) shall be paid in equal monthly installments; and (iii) shall be considered a part of the state minimum salaries for teachers.
(c) Effective the first day of July, two thousand five, through the thirtieth day of June, two thousand eight, in addition to any amounts prescribed in the applicable state minimum salary schedule, each professional educator shall be paid annually the following incremental increases in accordance with their years of experience. The payments shall be paid in equal monthly installments and shall be considered a part of the state minimum salaries for teachers.
Years of Experience Increment
29
570

30
570

31
570

32
570

33
570

34
570

35
570


(d) Effective the first day of July, two thousand eight, the incremental increases prescribed in subsection (c) of this section are included as a part of the 2008-09 State Minimum Salary Schedule, therefore, the additional incremental increases prescribed in said subsection are discontinued.
§18A-4-2a. State minimum salary bonus for classroom teachers with national board certification.

(a) The Legislature hereby finds and declares that the rigorous standards and processes for certification by the National Board for Professional Teaching Standards (NBPTS) helps to promote the quality of teaching and learning. Therefore, classroom teachers in the public schools of West Virginia should be encouraged to achieve national board certification through a reimbursement of expenses and an additional salary bonus which reflects their additional certification, to be paid in accordance with the provisions of this section.
(b) Two Three thousand five hundred dollars shall be paid annually to each classroom teacher who holds a valid certificate issued by the National Board of Professional Teaching Standards for the life of the certification, but in no event more than ten years for any one certification.
(c) The payments:
(1) Shall be in addition to any amounts prescribed in the applicable state minimum salary schedule;
(2) Shall be paid in equal monthly installments; and
(3) Shall be considered a part of the state minimum salaries for teachers.
(d) One-half the certification fee shall be paid for reimbursement once to each teacher who enrolls in the program for the National Board for Professional Teaching Standards certification and one-half the certification fee shall be paid for reimbursement once to each teacher who completes the National Board for Professional Teaching Standards certification. Completion shall be defined as the completion of ten scorable entries, as verified by the National Board for Professional Teaching Standards. Teachers who achieve National Board for Professional Teaching Standards certification may be reimbursed a maximum of six hundred dollars for expenses actually incurred while obtaining the National Board for Professional Teaching Standards certification.
(e) The state board shall limit the number of teachers who receive the initial reimbursements of the certification fees set forth in subsection (d) to two hundred teachers annually. The state board shall establish selection criteria for the teachers by the legislative rule required pursuant to subsection (g) of this section.
(f) Subject to the provisions of subsection (e) of this section, funding for reimbursement of the certification fee and expenses actually incurred while obtaining the National Board for Professional Teaching Standards certifications shall be administered by the state Department of Education from an appropriation established for that purpose by the Legislature. If funds appropriated by the Legislature to accomplish the purposes of this subsection are insufficient, the state department shall prorate the reimbursements for expenses and shall request of the Legislature, at its next regular session, funds sufficient to accomplish the purposes of this subsection, including needed retroactive payments.
(g) The state board shall promulgate legislative rules pursuant to article three-b, chapter twenty-nine-a of this code to implement the provisions of this section.
§18A-4-8. Employment term and class titles of service personnel; definitions.

(a) The purpose of this section is to establish an employment term and class titles for service personnel. The employment term for service personnel may not be no less than ten months. A month is defined as twenty employment days: Provided, That the county board may contract with all or part of these service personnel for a longer term. The beginning and closing dates of the ten-month employment term may not exceed forty-three weeks.
(b) Service personnel employed on a yearly or twelve-month basis may be employed by calendar months. Whenever there is a change in job assignment during the school year, the minimum pay scale and any county supplement are applicable.
(c) Service personnel employed in the same classification for more than the two hundred day minimum employment term shall be paid for additional employment at a daily rate of not less than the daily rate paid for the two hundred day minimum employment term.
(d) No A service employee without his or her agreement person may not be required to report for work more than five days per week without his or her agreement, and no part of any working day may be accumulated by the employer for future work assignments, unless the employee agrees thereto.
(e) If an employee a service person whose regular work week is scheduled from Monday through Friday agrees to perform any work assignments on a Saturday or Sunday, the employee service person shall be paid for at least one-half day of work for each day he or she reports for work. and If the employee service person works more than three and one-half hours on any Saturday or Sunday, he or she shall be paid for at least a full day of work for each day.
(f) A custodians, aides, custodian, aide, maintenance, office and school lunch employees service person required to work a daily work schedule that is interrupted that is, who do not work a continuous period in one day, shall be paid additional compensation.
(1) A maintenance person is defined as a person who holds a classification title other than in a custodial, aide, school lunch, office or transportation category as provided in section one, article one of this chapter.
(2) A service person's schedule is considered to be interrupted if he or she does not work a continuous period in one day. Aides are not regarded as working an interrupted schedule when engaged exclusively in the duties of transporting students;
(3) The additional compensation provided for in this subsection:
(A) Is
equal to at least one eighth of their a service person's total salary as provided by their the state minimum salary pay scale and any county pay supplement; and
(B) Is payable entirely from county board funds. Provided, That when engaged in duties of transporting students exclusively, aides shall not be regarded as working an interrupted schedule. Maintenance personnel are defined as personnel who hold a classification title other than in a custodial, aide, school lunch, office or transportation category as provided in section one, article one of this chapter.
(g) Upon the When there is a change in classification or upon meeting when a service person meets the requirements of an advanced classification, of or by any employee, the employee's his or her salary shall be made to comply with the requirements of this article and to any county salary schedule in excess of the minimum requirements of this article, based upon the employee's service person's advanced classification and allowable years of employment.
(h) An employee's A service person's, contract as provided in section five, article two of this chapter, shall state the appropriate monthly salary the employee is to be paid, based on the class title as provided in this article and on any county salary schedule in excess of the minimum requirements of this article.
(i) The column heads of the state minimum pay scale and class titles, set forth in section eight-a of this article, are defined as follows:
(1) 'Pay grade' means the monthly salary applicable to class titles of service personnel;
(2) 'Years of employment' means the number of years which an employee classified as a service personnel person has been employed by a county board in any position prior to or subsequent to the effective date of this section and including includes service in the armed forces of the United States, if the employee were was employed at the time of his or her induction. For the purpose of section eight-a of this article, years of employment shall be is limited to the number of years shown and allowed under the state minimum pay scale as set forth in section eight-a of this article;
(3) 'Class title' means the name of the position or job held by a service personnel person;
(4) 'Accountant I' means personnel a person employed to maintain payroll records and reports and perform one or more operations relating to a phase of the total payroll;
(5) 'Accountant II' means personnel a person employed to maintain accounting records and to be responsible for the accounting process associated with billing, budgets, purchasing and related operations;
(6) 'Accountant III' means personnel a person who are employed in the county board office to manage and supervise accounts payable, and/or payroll procedures, or both;
(7) 'Accounts payable supervisor' means personnel a person who are employed in the county board office who have has primary responsibility for the accounts payable function which may include the supervision of other personnel, and who have either has completed twelve college hours of accounting courses from an accredited institution of higher education or have has at least eight years of experience performing progressively difficult accounting tasks. Responsibilities of this class title may include supervision of other personnel;
(8) 'Aide I' means those personnel a person selected and trained for a teacher-aide classifications classification such as monitor aide, clerical aide, classroom aide or general aide;
(9) 'Aide II' means those personnel a service person referred to in the 'Aide I' classification who have has completed a training program approved by the State Board, or who hold holds a high school diploma or have has received a general educational development certificate. Only personnel a person classified in an Aide II class title may be employed as an aide in any special education program;
(10) 'Aide III' means those personnel a service person referred to in the 'Aide I' classification who hold holds a high school diploma or a general educational development certificate; and have
(A) Has
completed six semester hours of college credit at an institution of higher education; or are
(B) Is
employed as an aide in a special education program and have has one year's experience as an aide in special education;
(11) 'Aide IV' means personnel a service person referred to in the 'Aide I' classification who hold holds a high school diploma or a general educational development certificate; and who have
(A) Has completed eighteen hours of State Board-approved college credit at a regionally accredited institution of higher education, or who have
(B) Has
completed fifteen hours of State Board-approved college credit at a regionally accredited institution of higher education; and has successfully completed an in-service training program determined by the State Board to be the equivalent of three hours of college credit;
(12) 'Audiovisual technician' means personnel a person employed to perform minor maintenance on audiovisual equipment, films, and supplies the filling of and who fills requests for equipment;
(13) 'Auditor' means personnel a person employed to examine and verify accounts of individual schools and to assist schools and school personnel in maintaining complete and accurate records of their accounts;
(14) 'Autism mentor' means personnel a person who work works with autistic students and who meet meets standards and experience to be determined by the State Board. Provided, That if any employee A person who has held or holds an aide title and becomes employed as an autism mentor the employee shall hold a multiclassification status that includes both aide and autism mentor titles, in accordance with section eight-b of this article;
(15) 'Braille or sign language specialist' means personnel a person employed to provide braille and/or sign language assistance to students, : Provided, That if any employee A service person who has held or holds an aide title and becomes employed as a braille or sign language specialist the employee shall hold a multiclassification status that includes both aide and braille or sign language specialist title, in accordance with section eight-b of this article;
(16) 'Bus operator' means personnel a person employed to operate school buses and other school transportation vehicles as provided by the State Board;
(17) 'Buyer' means personnel a person employed to review and write specifications, negotiate purchase bids and recommend purchase agreements for materials and services that meet predetermined specifications at the lowest available costs;
(18) 'Cabinetmaker' means personnel a person employed to construct cabinets, tables, bookcases and other furniture;
(19) 'Cafeteria manager' means personnel a person employed to direct the operation of a food services program in a school, including assigning duties to employees, approving requisitions for supplies and repairs, keeping inventories, inspecting areas to maintain high standards of sanitation, preparing financial reports and keeping records pertinent to food services of a school;
(20) 'Carpenter I' means personnel a person classified as a carpenter's helper;
(21) 'Carpenter II' means personnel a person classified as a journeyman carpenter;
(22) 'Chief mechanic' means personnel a person employed to be responsible for directing activities which ensure that student transportation or other county board-owned vehicles are properly and safely maintained;
(23) 'Clerk I' means personnel a person employed to perform clerical tasks;
(24) 'Clerk II' means personnel a person employed to perform general clerical tasks, prepare reports and tabulations and operate office machines;
(25) 'Computer operator' means a qualified personnel person employed to operate computers;
(26) 'Cook I' means personnel a person employed as a cook's helper;
(27) 'Cook II' means personnel a person employed to interpret menus and to prepare and serve meals in a food service program of a school. and shall include personnel This definition includes a service person who have has been employed as a 'Cook I' for a period of four years; if the personnel have not been elevated to this classification within that period of time;
(28) 'Cook III' means personnel a person employed to prepare and serve meals, make reports, prepare requisitions for supplies, order equipment and repairs for a food service program of a school system;
(29) 'Crew leader' means personnel a person employed to organize the work for a crew of maintenance employees to carry out assigned projects;
(30) 'Custodian I' means personnel a person employed to keep buildings clean and free of refuse;
(31) 'Custodian II' means personnel a person employed as a watchman or groundsman;
(32) 'Custodian III' means personnel a person employed to keep buildings clean and free of refuse, to operate the heating or cooling systems and to make minor repairs;
(33) 'Custodian IV' means personnel a person employed as head custodians. In addition to providing services as defined in 'custodian III,' their duties may include supervising other custodian personnel;
(34) 'Director or coordinator of services' means personnel an employee of a county board who are is assigned to direct a department or division.
(A) Nothing in this subdivision may prohibit prohibits a professional personnel person or a professional educators educator as defined in section one, article one of this chapter from holding this class title; but
(B) Professional personnel holding this class title may not be defined or classified as service personnel unless the professional personnel person held a service personnel title under this section prior to holding the class title of 'director or coordinator of services.' Directors or coordinators
(C) The director or coordinator of service positions services shall be classified as either as a professional personnel person or a service personnel person position for state aid formula funding purposes; and
(D) Funding for the position of directors or coordinators director or coordinator of service positions services shall be is based upon the employment status of the director or coordinator either as a professional personnel person or a service personnel person;
(35) 'Draftsman' means personnel a person employed to plan, design and produce detailed architectural/engineering drawings;
(36) 'Electrician I' means personnel a person employed as an apprentice electrician helper or one who holds an electrician helper license issued by the state fire marshal;
(37) 'Electrician II' means personnel a person employed as an electrician journeyman or one who holds a journeyman electrician license issued by the state fire marshal;
(38) 'Electronic technician I' means personnel a person employed at the apprentice level to repair and maintain electronic equipment;
(39) 'Electronic technician II' means personnel a person employed at the journeyman level to repair and maintain electronic equipment;
(40) 'Executive secretary' means personnel a person employed as secretary to the county school superintendent's secretary superintendent or as a secretary who is assigned to a position characterized by significant administrative duties;
(41) 'Food services supervisor' means a qualified personnel person who is not defined as a professional personnel person or professional educators educator as defined in section one, article one of this chapter. The food services supervisor is employed to manage and supervise a county school system's food service program. The duties would include preparing in-service training programs for cooks and food service employees, instructing personnel in the areas of quantity cooking with economy and efficiency and keeping aggregate records and reports;
(42) 'Foremen' 'Foreman' means a skilled persons person employed for supervision of to supervise personnel who work in the areas of repair and maintenance of school property and equipment;
(43) 'General maintenance' means personnel a person employed as a helpers helper to skilled maintenance employees and to perform minor repairs to equipment and buildings of a county school system;
(44) 'Glazier' means personnel a person employed to replace glass or other materials in windows and doors and to do minor carpentry tasks;
(45) 'Graphic artist' means personnel a person employed to prepare graphic illustrations;
(46) 'Groundsmen' 'Groundsman' means personnel a person employed to perform duties that relate to the appearance, repair and general care of school grounds in a county school system. Additional assignments may include the operation of a small heating plant and routine cleaning duties in buildings;
(47) 'Handyman' means personnel a person employed to perform routine manual tasks in any operation of the county school system;
(48) 'Heating and air conditioning mechanic I' means personnel a person employed at the apprentice level to install, repair and maintain heating and air conditioning plants and related electrical equipment;
(49) 'Heating and air conditioning mechanic II' means personnel a person employed at the journeyman level to install, repair and maintain heating and air conditioning plants and related electrical equipment;
(50) 'Heavy equipment operator' means personnel a person employed to operate heavy equipment;
(51) 'Inventory supervisor' means personnel a person who are employed to supervise or maintain operations in the receipt, storage, inventory and issuance of materials and supplies;
(52) 'Key punch operator' means a qualified personnel person employed to operate key punch machines or verifying machines;
(53) 'Licensed practical nurse' means a nurse, licensed by the West Virginia Board of Examiners for Licensed Practical Nurses, employed to work in a public school under the supervision of a school nurse;
(54) 'Locksmith' means personnel a person employed to repair and maintain locks and safes;
(54) (55) 'Lubrication man' means personnel a person employed to lubricate and service gasoline or diesel-powered equipment of a county school system;
(55) (56) 'Machinist' means personnel a person employed to perform machinist tasks which include the ability to operate a lathe, planer, shaper, threading machine and wheel press. These personnel should A person holding this class title also should have the ability to work from blueprints and drawings;
(56) (57) 'Mail clerk' means personnel a person employed to receive, sort, dispatch, deliver or otherwise handle letters, parcels and other mail;
(57) (58) 'Maintenance clerk' means personnel a person employed to maintain and control a stocking facility to keep adequate tools and supplies on hand for daily withdrawal for all school maintenance crafts;
(58) (59) 'Mason' means personnel a person employed to perform tasks connected with brick and block laying and carpentry tasks related to such laying these activities;
(59) (60) 'Mechanic' means personnel a person employed who can independently to perform skilled duties independently in the maintenance and repair of automobiles, school buses and other mechanical and mobile equipment to use in a county school system;
(60) (61) 'Mechanic assistant' means personnel a person employed as a mechanic apprentice and helper;
(61) (62) 'Multiclassification' means personnel a person employed to perform tasks that involve the combination of two or more class titles in this section. In these instances the minimum salary scale shall be the higher pay grade of the class titles involved;
(62) (63) 'Office equipment repairman I' means personnel a person employed as an office equipment repairman apprentice or helper;
(63) (64) 'Office equipment repairman II' means personnel a person responsible for servicing and repairing all office machines and equipment. Personnel are A person holding this class title is responsible for the purchase of parts being purchased necessary for the proper operation of a program of continuous maintenance and repair;
(64) (65) 'Painter' means personnel a person employed to perform duties of painting, finishing and decorating of wood, metal and concrete surfaces of buildings, other structures, equipment, machinery and furnishings of a county school system;
(65) (66) 'Paraprofessional' means a person certified pursuant to section two-a, article three of this chapter to perform duties in a support capacity including, but not limited to, facilitating in the instruction and direct or indirect supervision of pupils students under the direction of a principal, a teacher or another designated professional educator. : Provided, That no
(A) A person employed on the effective date of this section in the position of an aide may not be reduced subject to a reduction in force or transferred to create a vacancy for the employment of a paraprofessional; Provided, however, That
(B) if any employee A person who has held or holds an aide title and becomes employed as a paraprofessional the employee shall hold a multiclassification status that includes both aide and paraprofessional titles in accordance with section eight-b of this article; and Provided further, That
(C) Once an employee When a service person who holds an aide title becomes certified as a paraprofessional and is required to perform duties that may not be performed by an aide without paraprofessional certification, he or she shall receive the paraprofessional title pay grade;
(66) (67) 'Payroll supervisor' means personnel a person who are employed in the county board office who have has primary responsibility for the payroll function which may include the supervision of other personnel, and who have either has completed twelve college hours of accounting from an accredited institution of higher education or have has at least eight years of experience performing progressively difficult accounting tasks. Responsibilities of this class title may include supervision of other personnel;
(67) (68) 'Plumber I' means personnel a person employed as an apprentice plumber and helper;
(68) (69) 'Plumber II' means personnel a person employed as a journeyman plumber;
(69) (70) 'Printing operator' means personnel a person employed to operate duplication equipment, and as required, to cut, collate, staple, bind and shelve materials as required;
(70) (71) 'Printing supervisor' means personnel a person employed to supervise the operation of a print shop;
(71) (72) 'Programmer' means personnel a person employed to design and prepare programs for computer operation;
(72) (73) 'Roofing/sheet metal mechanic' means personnel a person employed to install, repair, fabricate and maintain roofs, gutters, flashing and duct work for heating and ventilation;
(73) (74) 'Sanitation plant operator' means personnel a person employed to operate and maintain a water or sewage treatment plant to ensure the safety of the plant's effluent for human consumption or environmental protection;
(74) (75) 'School bus supervisor' means a qualified personnel person employed to assist in selecting school bus operators and routing and scheduling of school buses, operate a bus when needed, relay instructions to bus operators, plan emergency routing of buses and promoting promote good relationships with parents, pupils students, bus operators and other employees;
(75) (76) 'Secretary I' means personnel a person employed to transcribe from notes or mechanical equipment, receive callers, perform clerical tasks, prepare reports and operate office machines;
(76) (77) 'Secretary II' means personnel a person employed in any elementary, secondary, kindergarten, nursery, special education, vocational or any other school as a secretary. The duties may include performing general clerical tasks; transcribing from notes, or stenotype, or mechanical equipment or a sound-producing machine; preparing reports; receiving callers and referring them to proper persons; operating office machines; keeping records and handling routine correspondence. There is Nothing implied in this subdivision that would prevent the employees prevents a service person from holding or being elevated to a higher classification;
(77) (78) 'Secretary III' means personnel a person assigned to the county board office administrators in charge of various instructional, maintenance, transportation, food services, operations and health departments, federal programs or departments with particular responsibilities of in purchasing and financial control or any personnel person who have has served for eight years in a position which meets the definition of 'secretary II' or 'secretary III'; in this section for eight years;
(78) (79) 'Supervisor of maintenance' means a skilled personnel person who is not defined as a professional personnel person or professional educators educator as defined in section one, article one of this chapter. The responsibilities would include directing the upkeep of buildings and shops, and issuing instructions to subordinates relating to cleaning, repairs and maintenance of all structures and mechanical and electrical equipment of a county board;
(79) (80) 'Supervisor of transportation' means a qualified personnel person employed to direct school transportation activities properly and safely, and to supervise the maintenance and repair of vehicles, buses and other mechanical and mobile equipment used by the county school system;
(80) (81) 'Switchboard operator-receptionist' means personnel a person employed to refer incoming calls, to assume contact with the public, to direct and to give instructions as necessary, to operate switchboard equipment and to provide clerical assistance;
(81) (82) 'Truck driver' means personnel a person employed to operate light or heavy duty gasoline and diesel-powered vehicles;
(82) (83) 'Warehouse clerk' means personnel a person employed to be responsible for receiving, storing, packing and shipping goods;
(83) (84) 'Watchman' means personnel a person employed to protect school property against damage or theft. Additional assignments may include operation of a small heating plant and routine cleaning duties;
(84) (85) 'Welder' means personnel a person employed to provide acetylene or electric welding services for a school system; and
(85) (86) 'WVEIS data entry and administrative clerk' means personnel a person employed to work under the direction of a school principal to assist the school counselor or counselors in the performance of administrative duties, to perform data entry tasks on the West Virginia Education Information System, and to perform other administrative duties assigned by the principal.
(j) Notwithstanding any provision in this Code to the contrary, and in addition to the compensation provided for service personnel in section eight-a of this article, for service personnel, each service employee person is, notwithstanding any provisions in this Code to the contrary, entitled to all service personnel employee rights, privileges and benefits provided under this or any other chapter of this Code without regard to the employee's hours of employment or the methods or sources of compensation.
(k) A service personnel person whose years of employment exceed exceeds the number of years shown and provided for under the state minimum pay scale set forth in section eight-a of this article may not be paid less than the amount shown for the maximum years of employment shown and provided for in the classification in which he or she is employed.
(l) The Each county boards board shall review each service personnel employee person's job classification annually and shall reclassify all service employees persons as required by the job classifications. The state superintendent of schools may withhold state funds appropriated pursuant to this article for salaries for service personnel who are improperly classified by the county boards. Further, the state superintendent shall order a county boards board to correct immediately any improper classification matter and, with the assistance of the attorney general, shall take any legal action necessary against any county board to enforce the order.
(m) No service employee Without his or her written consent, a service person may not be:
(1) Reclassified by class title; or nor may a service employee, without his or her written consent, be
(2) Relegated to any condition of employment which would result in a reduction of his or her salary, rate of pay, compensation or benefits earned during the current fiscal year; or which would result in a reduction of his or her salary, rate of pay, compensation or benefits for which he or she would qualify by continuing in the same job position and classification held during that fiscal year and subsequent years.
(n) Any county board failing to comply with the provisions of this article may be compelled to do so by mandamus and is liable to any party prevailing against the board for court costs and the prevailing party's reasonable attorney fee, as determined and established by the court.
(o) Notwithstanding any provisions in provision of this Code to the contrary, a service personnel person who hold holds a continuing contract in a specific job classification and who are is physically unable to perform the job's duties as confirmed by a physician chosen by the employee, shall be given priority status over any employee not holding a continuing contract in filling other service personnel job vacancies if the service person is qualified as provided in section eight-e of this article.
(p) Any person employed in an aide position on the effective date of this section may not be transferred or subject to a reduction in force for the purpose of creating a vacancy for the employment of a licensed practical nurse.
(q) Without the written consent of the service person, a county board may not establish the beginning work station for a bus operator or transportation aide at any site other than a county board-owned facility with available parking. The workday of the bus operator or transportation aide commences at the bus at the designated beginning work station and ends when the employee is able to leave the bus at the designated beginning work station, unless he or she agrees otherwise in writing. The application or acceptance of a posted position may not be construed as the written consent referred to in this subsection
.
18A-4-8a. Service personnel minimum monthly salaries.
(1) (a) The minimum monthly pay for each service employee whose employment is for a period of more than three and one-half hours a day shall be at least the amounts indicated in the 'state minimum pay scale pay grade II' and the minimum monthly pay for each service employee whose employment is for a period of three and one-half hours or less a day shall be at least one-half the amount indicated in the 'state minimum pay scale pay grade II' set forth in this section: Provided, That beginning on the first day of the second quarter of the service employee's employment term in the school year two thousand five-two thousand six, the minimum monthly pay for each service employee whose employment is for a period of more than three and one-half hours a day shall be at least the amounts indicated in the 'state minimum pay scale pay grade II' and the minimum monthly pay for each service employee whose employment is for a period of three and one-half hours or less a day shall be at least one-half the amount indicated in the 'state minimum pay scale pay grade II' set forth in this section
: Provided further, That any salary increase that a service employee is to receive as a result of this new salary schedule is not to receive the increased salary until the first pay date after the first day of November two thousand five.
STATE MINIMUM PAY SCALE PAY GRADE I
Years of
EmploymentPay Grade
A
B C D E F G H



0

1,366

1,386

1,426

1,476

1,526

1,586

1,616

1,686

1

1,397

1,417

1,457

1,507

1,557

1,617

1,647

1,717

2

1,428

1,448

1,488

1,538

1,588

1,648

1,678

1,748

3

1,459

1,479

1,519

1,569

1,619

1,679

1,709

1,779

4

1,490

1,510

1,550

1,600

1,650

1,710

1,740

1,810

5

1,521

1,541

1,581

1,631

1,681

1,741

1,771

1,841

6

1,552

1,572

1,612

1,662

1,712

1,772

1,802

1,872

7

1,583

1,603

1,643

1,693

1,743

1,803

1,833

1,903

8

1,614

1,634

1,674

1,724

1,774

1,834

1,864

1,934

9

1,645

1,665

1,705

1,755

1,805

1,865

1,895

1,965

10

1,676

1,696

1,736

1,786

1,836

1,896

1,926

1,996

11

1,707

1,727

1,767

1,817

1,867

1,927

1,957

2,027

12

1,738

1,758

1,798

1,848

1,898

1,958

1,988

2,058

13

1,769

1,789

1,829

1,879

1,929

1,989

2,019

2,089

14

1,800

1,820

1,860

1,910

1,960

2,020

2,050

2,120

15

1,831

1,851

1,891

1,941

1,991

2,051

2,081

2,151

16

1,862

1,882

1,922

1,972

2,022

2,082

2,112

2,182

17

1,893

1,913

1,953

2,003

2,053

2,113

2,143

2,213

18

1,924

1,944

1,984

2,034

2,084

2,144

2,174

2,244

19

1,955

1,975

2,015

2,065

2,115

2,175

2,205

2,275

20

1,986

2,006

2,046

2,096

2,146

2,206

2,236

2,306

21

2,017

2,037

2,077

2,127

2,177

2,237

2,267

2,337

22

2,048

2,068

2,108

2,158

2,208

2,268

2,298

2,368

23

2,079

2,099

2,139

2,189

2,239

2,299

2,329

2,399

24

2,110

2,130

2,170

2,220

2,270

2,330

2,360

2,430

25

2,141

2,161

2,201

2,251

2,301

2,361

2,391

2,461

26

2,172

2,192

2,232

2,282

2,332

2,392

2,422

2,492

27

2,203

2,223

2,263

2,313

2,363

2,423

2,453

2,523

28

2,234

2,254

2,294

2,344

2,394

2,454

2,484

2,554

29

2,265

2,285

2,325

2,375

2,425

2,485

2,515

2,585

30

2,296

2,316

2,356

2,406

2,456

2,516

2,546

2,616

31

2,327

2,347

2,387

2,437

2,487

2,547

2,577

2,647

32

2,358

2,378

2,418

2,468

2,518

2,578

2,608

2,678

33

2,389

2,409

2,449

2,499

2,549

2,609

2,639

2,709

34

2,420

2,440

2,480

2,530

2,580

2,640

2,670

2,740

35

2,451

2,471

2,511

2,561

2,611

2,671

2,701

2,771

36

2,482

2,502

2,542

2,592

2,642

2,702

2,732

2,802

37

2,513

2,533

2,573

2,623

2,673

2,733

2,763

2,833

38

2,544

2,564

2,604

2,654

2,704

2,764

2,794

2,864

39

2,575

2,595

2,635

2,685

2,735

2,795

2,825

2,895

40

2,606

2,626

2,666

2,716

2,766

2,826

2,856

2,926

STATE MINIMUM PAY SCALE PAY GRADE II
Years of
EmploymentPay Grade
A
B C D E F G H


0

1,456

1,476

1,516

1,566

1,616

1,676

1,706

1,776

1

1,487

1,507

1,547

1,597

1,647

1,707

1,737

1,807

2

1,518

1,538

1,578

1,628

1,678

1,738

1,768

1,838

3

1,549

1,569

1,609

1,659

1,709

1,769

1,799

1,869

4

1,580

1,600

1,640

1,690

1,740

1,800

1,830

1,900

5

1,611

1,631

1,671

1,721

1,771

1,831

1,861

1,931

6

1,642

1,662

1,702

1,752

1,802

1,862

1,892

1,962

7

1,673

1,693

1,733

1,783

1,833

1,893

1,923

1,993

8

1,704

1,724

1,764

1,814

1,864

1,924

1,954

2,024

9

1,735

1,755

1,795

1,845

1,895

1,955

1,985

2,055

10

1,766

1,786

1,826

1,876

1,926

1,986

2,016

2,086

11

1,797

1,817

1,857

1,907

1,957

2,017

2,047

2,117

12

1,828

1,848

1,888

1,938

1,988

2,048

2,078

2,148

13

1,859

1,879

1,919

1,969

2,019

2,079

2,109

2,179

14

1,890

1,910

1,950

2,000

2,050

2,110

2,140

2,210

15

1,921

1,941

1,981

2,031

2,081

2,141

2,171

2,241

16

1,952

1,972

2,012

2,062

2,112

2,172

2,202

2,272

17

1,983

2,003

2,043

2,093

2,143

2,203

2,233

2,303

18

2,014

2,034

2,074

2,124

2,174

2,234

2,264

2,334

19

2,045

2,065

2,105

2,155

2,205

2,265

2,295

2,365

20

2,076

2,096

2,136

2,186

2,236

2,296

2,326

2,396

21

2,107

2,127

2,167

2,217

2,267

2,327

2,357

2,427

22

2,138

2,158

2,198

2,248

2,298

2,358

2,388

2,458

23

2,169

2,189

2,229

2,279

2,329

2,389

2,419

2,489

24

2,200

2,220

2,260

2,310

2,360

2,420

2,450

2,520

25

2,231

2,251

2,291

2,341

2,391

2,451

2,481

2,551

26

2,262

2,282

2,322

2,372

2,422

2,482

2,512

2,582

27

2,293

2,313

2,353

2,403

2,453

2,513

2,543

2,613

28

2,324

2,344

2,384

2,434

2,484

2,544

2,574

2,644

29

2,355

2,375

2,415

2,465

2,515

2,575

2,605

2,675

30

2,386

2,406

2,446

2,496

2,546

2,606

2,636

2,706

31

2,417

2,437

2,477

2,527

2,577

2,637

2,667

2,737

32

2,448

2,468

2,508

2,558

2,608

2,668

2,698

2,768

33

2,479

2,499

2,539

2,589

2,639

2,699

2,729

2,799

34

2,510

2,530

2,570

2,620

2,670

2,730

2,760

2,830

35

2,541

2,561

2,601

2,651

2,701

2,761

2,791

2,861

36

2,572

2,592

2,632

2,682

2,732

2,792

2,822

2,892

37

2,603

2,623

2,663

2,713

2,763

2,823

2,853

2,923

38

2,634

2,654

2,694

2,744

2,794

2,854

2,884

2,954

39

2,665

2,685

2,725

2,775

2,825

2,885

2,915

2,985

40

2,696

2,716

2,756

2,806

2,856

2,916

2,946

3,016

STATE MINIMUM PAY SCALE PAY GRADE
Years
Exp
.
PAY GRADE
  A B C D E F G H
0 1,507 1,528 1,569 1,621 1,673 1,735 1,766 1,838
1 1,539 1,560 1,601 1,653 1,705 1,767 1,798 1,870
2 1,571 1,592 1,633 1,685 1,737 1,799 1,830 1,902
3 1,603 1,624 1,665 1,717 1,769 1,831 1,862 1,934
4 1,635 1,656 1,697 1,749 1,801 1,863 1,894 1,967
5 1,667 1,688 1,729 1,781 1,833 1,895 1,926 1,999
6 1,699 1,720 1,762 1,813 1,865 1,927 1,958 2,031
7 1,732 1,752 1,794 1,845 1,897 1,959 1,990 2,063
8 1,764 1,784 1,826 1,877 1,929 1,991 2,022 2,095
9 1,796 1,816 1,858 1,910 1,961 2,023 2,054 2,127
10 1,828 1,849 1,890 1,942 1,993 2,056 2,087 2,159
11 1,860 1,881 1,922 1,974 2,025 2,088 2,119 2,191
12 1,892 1,913 1,954 2,006 2,058 2,120 2,151 2,223
13 1,924 1,945 1,986 2,038 2,090 2,152 2,183 2,255
14 1,956 1,977 2,018 2,070 2,122 2,184 2,215 2,287
15 1,988 2,009 2,050 2,102 2,154 2,216 2,247 2,319
16 2,020 2,041 2,082 2,134 2,186 2,248 2,279 2,352
17 2,052 2,073 2,115 2,166 2,218 2,280 2,311 2,384
18 2,084 2,105 2,147 2,198 2,250 2,312 2,343 2,416
19 2,117 2,137 2,179 2,230 2,282 2,344 2,375 2,448
20 2,149 2,169 2,211 2,263 2,314 2,376 2,407 2,480
21 2,181 2,201 2,243 2,295 2,346 2,408 2,439 2,512
22 2,213 2,234 2,275 2,327 2,378 2,441 2,472 2,544
23 2,245 2,266 2,307 2,359 2,411 2,473 2,504 2,576
24 2,277 2,298 2,339 2,391 2,443 2,505 2,536 2,608
25 2,309 2,330 2,371 2,423 2,475 2,537 2,568 2,640
26 2,341 2,362 2,403 2,455 2,507 2,569 2,600 2,672
27 2,373 2,394 2,435 2,487 2,539 2,601 2,632 2,704
28 2,405 2,426 2,467 2,519 2,571 2,633 2,664 2,737
29 2,437 2,458 2,500 2,551 2,603 2,665 2,696 2,769
30 2,470 2,490 2,532 2,583 2,635 2,697 2,728 2,801
31 2,502 2,522 2,564 2,615 2,667 2,729 2,760 2,833
32 2,534 2,554 2,596 2,648 2,699 2,761 2,792 2,865
33 2,566 2,586 2,628 2,680 2,731 2,793 2,825 2,897
34 2,598 2,619 2,660 2,712 2,763 2,826 2,857 2,929
35 2,630 2,651 2,692 2,744 2,796 2,858 2,889 2,961
36 2,662 2,683 2,724 2,776 2,828 2,890 2,921 2,993
37 2,694 2,715 2,756 2,808 2,860 2,922 2,953 3,025
38 2,726 2,747 2,788 2,840 2,892 2,954 2,985 3,057
39 2,758 2,779 2,820 2,872 2,924 2,986 3,017 3,089
40 2,790 2,811 2,852 2,904 2,956 3,018 3,049 3,122
CLASS TITLE
PAY GRADE

Accountant I D
Accountant II E
Accountant IIIF
Accounts Payable Supervisor G
Aide I. A
Aide II B
Aide III C
Aide IV D
Audiovisual Technician C
Auditor G
Autism Mentor E F
Braille or Sign Language Specialist .E
Bus Operator .D
Buyer F
Cabinetmaker G
Cafeteria ManagerD
Carpenter I. E
Carpenter II F
Chief Mechanic G
Clerk I .B
Clerk II.C
Computer Operator. E
Cook I A
Cook IIB
Cook IIIC
Crew Leader F
Custodian IA
Custodian II B
Custodian III C
Custodian IV D
Director or Coordinator of Services. H
Draftsman D
Electrician I F
Electrician II G
Electronic Technician I F
Electronic Technician II G
Executive Secretary G
Food Services Supervisor G
Foreman G
General Maintenance C
GlazierD
Graphic Artist D
Groundsman B
Handyman B
Heating and Air Conditioning Mechanic I E
Heating and Air Conditioning Mechanic II G
Heavy Equipment Operator E
Inventory SupervisorD
Key Punch Operator B
Licensed Practical NurseF
Locksmith G
Lubrication ManC
Machinist F
Mail Clerk D
Maintenance Clerk C
Mason G
Mechanic F
Mechanic Assistant E
Office Equipment Repairman I F
Office Equipment Repairman II G
Painter E
Paraprofessional F
Payroll Supervisor G
Plumber I E
Plumber II G
Printing Operator B
Printing Supervisor D
Programmer H
Roofing/Sheet Metal Mechanic F
Sanitation Plant Operator F G
School Bus Supervisor E
SecretaryD
Secretary II E
Secretary III F
Supervisor of Maintenance H
Supervisor of Transportation H
Switchboard Operator-Receptionist D
Truck Driver D
Warehouse Clerk C
Watchman B
WelderF
WVEIS Data Entry and Administrative Clerk B
(2) (b) An additional twelve dollars per month shall be added to the minimum monthly pay of each service employee who holds a high school diploma or its equivalent.
(3) (c) Until the first day of July, two thousand two, An additional ten eleven dollars per month also shall be added to the minimum monthly pay of each service employee for each of the following: and beginning the first day of July, two thousand two, the ten dollars per month shall be increased to an additional eleven dollars per month for each of subdivisions (a) through (J), inclusive, of this subsection only, and beginning the first day of July, two thousand two, the ten dollars per month shall be increased to an additional forty dollars per month for each of subdivisions (K) through (N), inclusive, of this subsection only:
(a) (1) A service employee who holds twelve college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(b) (2) A service employee who holds twenty-four college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(c) (3) A service employee who holds thirty-six college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(d) (4) A service employee who holds forty-eight college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(e) (5) A service employee who holds sixty college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(F) (6) A service employee who holds seventy-two college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(G) (7) A service employee who holds eighty-four college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(H) (8) A service employee who holds ninety-six college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(I) (9) A service employee who holds one hundred eight college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(J) (10) A service employee who holds one hundred twenty college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(d) An additional forty dollars per month also shall be added to the minimum monthly pay of each service employee for each of the following:
(K) (1) A service employee who holds an associate's degree;
(L) (2) A service employee who holds a bachelor's degree;
(M) (3) A service employee who holds a master's degree;
(N) (4) A service employee who holds a doctorate degree.
(4) (e) Effective the first day of July, two thousand two, An additional eleven dollars per month shall be added to the minimum monthly pay of each service employee for each of the following:
(a) (1) A service employee who holds a bachelor's degree plus fifteen college hours;
(b) (2) A service employee who holds a master's degree plus fifteen college hours;
(c) (3) A service employee who holds a master's degree plus thirty college hours;
(d) (4) A service employee who holds a master's degree plus forty-five college hours; and
(e) (5) A service employee who holds a master's degree plus sixty college hours.
(5) (f) When any part of a school service employee's daily shift of work is performed between the hours of six o'clock p.m. and five o'clock a.m. the following day, the employee shall be paid no less than an additional ten dollars per month and one half of the pay shall be paid with local funds.
(6) (g) Any service employee required to work on any legal school holiday shall be paid at a rate one and one-half times the employee's usual hourly rate.
(7) (h) Any full-time service personnel required to work in excess of their normal working day during any week which contains a school holiday for which they are paid shall be paid for the additional hours or fraction of the additional hours at a rate of one and one-half times their usual hourly rate and paid entirely from county board funds.
(8) (i) No service employee may have his or her daily work schedule changed during the school year without the employee's written consent and the employee's required daily work hours may not be changed to prevent the payment of time and one-half wages or the employment of another employee.
(9) (j) The minimum hourly rate of pay for extra duty assignments as defined in section eight-b of this article shall be no less than one seventh of the employee's daily total salary for each hour the employee is involved in performing the assignment and paid entirely from local funds: Provided, That an alternative minimum hourly rate of pay for performing extra duty assignments within a particular category of employment may be utilized if the alternate hourly rate of pay is approved both by the county board and by the affirmative vote of a two-thirds majority of the regular full-time employees within that classification category of employment within that county: Provided, however, That the vote shall be by secret ballot if requested by a service personnel employee within that classification category within that county. The salary for any fraction of an hour the employee is involved in performing the assignment shall be prorated accordingly. When performing extra duty assignments, employees who are regularly employed on a one-half day salary basis shall receive the same hourly extra duty assignment pay computed as though the employee were employed on a full- day salary basis.
(10) (k) The minimum pay for any service personnel employees engaged in the removal of asbestos material or related duties required for asbestos removal shall be their regular total daily rate of pay and no less than an additional three dollars per hour or no less than five dollars per hour for service personnel supervising asbestos removal responsibilities for each hour these employees are involved in asbestos related duties. Related duties required for asbestos removal include, but are not limited to, travel, preparation of the work site, removal of asbestos decontamination of the work site, placing and removal of equipment and removal of structures from the site. If any member of an asbestos crew is engaged in asbestos related duties outside of the employee's regular employment county, the daily rate of pay shall be no less than the minimum amount as established in the employee's regular employment county for asbestos removal and an additional thirty dollars per each day the employee is engaged in asbestos removal and related duties. The additional pay for asbestos removal and related duties shall be payable entirely from county funds. Before service personnel employees may be utilized in the removal of asbestos material or related duties, they shall have completed a federal Environmental Protection Act approved training program and be licensed. The employer shall provide all necessary protective equipment and maintain all records required by the Environmental Protection Act.
(11) (l) For the purpose of qualifying for additional pay as provided in section eight, article five of this chapter, an aide shall be considered to be exercising the authority of a supervisory aide and control over pupils if the aide is required to supervise, control, direct, monitor, escort or render service to a child or children when not under the direct supervision of certificated professional personnel within the classroom, library, hallway, lunchroom, gymnasium, school building, school grounds or wherever supervision is required. For purposes of this section, 'under the direct supervision of certificated professional personnel' means that certificated professional personnel is present, with and accompanying the aide."
And,
By amending the title to read as follows:
Com. Sub. for H. B. 2777 - "A Bill to amend and reenact §18A-4-2, §18A-4-2a, §18A-4-8 and §18A-4-8a of the Code of West Virginia, 1931, as amended, all relating to providing for compensation generally; increasing annual salaries of public school teachers; increasing the annual salary bonus for classroom teachers with national board certification; creating new service personnel class title for compensation purposes; increasing monthly salaries of service personnel; providing and changing certain pay grades; technical amendments; and including provisions from other bills to prevent conflicts with other bills that include one or more of the same sections of code as this bill."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendments, with a title amendment, as follows:
Com. Sub. for H. B. 2777-"A Bill to amend and reenact §18A-4-2, §18A-4-2a, §18A-4-8 and §18A-4-8a of the Code of West Virginia, 1931, as amended, all relating to providing for compensation generally; increasing annual salaries of public school teachers; increasing the annual salary bonus for classroom teachers with national board certification; creating new service personnel class title for compensation purposes and preventing such new title from resulting in displacement of other employees; increasing monthly salaries of service personnel and clarifying certain workday parameters for such; providing and modifying certain pay grades; and making technical corrections."
The bill, as amended by the Senate, and as further amended by the House, was put upon its passage.
Delegates Anderson, Duke, Ennis, Pethtel, Rowan, Schadler, Schoen, Shaver, Stalnaker, Stephens, Sumner and Varner requested to be excused from voting on the passage of Com. Sub. for H. B. 2777 under the provisions of House, stating that they were employed by the school systems of their respective counties.
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.
On the passage of the bill, the yeas and nays were taken (Roll No. 364), 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: Azinger, Frederick, 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. 2777) passed.
Delegate DeLong moved that the bill take effect July 1, 2007.
On this question, the yeas and nays were taken (Roll No. 365), 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: Azinger, Frederick, 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. 2777) 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.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take effect from passage, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 2616, Authorizing the Department of Administration to promulgate legislative rules.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 1. GENERAL LEGISLATIVE AUTHORIZATION.

§64-1-1. Legislative authorization.
Under the provisions of article three, chapter twenty-nine-a of the Code of West Virginia, the Legislature expressly authorizes the promulgation of the rules described in articles two through eleven, inclusive, of this chapter, subject only to the limitations set forth with respect to each such rule in the section or sections of this chapter authorizing its promulgation. Legislative rules promulgated pursuant to the provisions of articles one through eleven, inclusive, of this chapter in effect at the effective date of this section shall continue in full force and effect until reauthorized in this chapter by legislative enactment or until amended by emergency rule pursuant to the provisions of article three, chapter twenty-nine-a of this code.
ARTICLE 2. AUTHORIZATION FOR DEPARTMENT OF ADMINISTRATION TO PROMULGATE LEGISLATIVE RULES.

§64-2-1. Department of Administration.
(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 four, article three, chapter five-a of this code, modified by the Department of Administration to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the eleventh day of January, two thousand seven, relating to the Department of Administration (purchasing, 148 CSR 1), is authorized with the following amendments:
On pages two and three, by redesignating subdivisions 4.(a) through 4.(s) as subdivisions 4.1. through 4.19;
On page two, subdivision 4.(a), line three, after the words "commodities or services" by striking out the remainder of the subsection and inserting in lieu thereof the following: "that are not possible to submit for competitive bid. The Director shall approve the list before the beginning of each fiscal year and shall make the list available for public review. Spending units may purchase the commodities and services on the list directly from the vendor and are not required to have contracts for purchase of those items approved by the Purchasing Division. A spending unit's request to add commodities and services to the list must be accompanied by written justification and an explanation of why competitive bids are not possible. Nothing in this section supercedes or replaces the Attorney General's authority to approve contracts as to form."
On page three, subdivision 4.(p), after the words "relevant training" by adding the words "for agency personnel".
On page three, subdivision 4.(q), by striking out the words "and other purchasing card vendors" and inserting in lieu thereof the word "or".
On page three, by striking out subdivision 4.(r) in its entirety and renumbering the remaining subsection accordingly.
On page three, subdivision 4.(s) by striking out the words "twenty five thousand dollar ($25,000)" and inserting in lieu thereof "$25,000".
On page three, subdivision 4.(s) by striking out the word "include" and inserting in lieu thereof the words "may require".
On page three, subdivision 5.1.(c), by striking out "Section 5.3(j)" and inserting in lieu thereof "subsection 5.2.".
On page four, by redesignating subdivision 5.1.2. as subsection 5.2..
On page four, subdivision 6.1.1., by striking out the words "and other purchasing card vendors" and inserting in lieu thereof the word "or".
On page four, subdivision 6.1.3., by striking out the words "Such vendors shall pay the fee in 6.1.4.".
On page four, subdivision 6.1.4., by striking out the words "and other purchasing card vendors" and inserting in lieu thereof the word "or".
On page five, subdivision 6.1.7., line five, by striking out the words "any other State agencies of political subdivision. Furthermore, the" and inserting in lieu thereof the words "other state agencies or political subdivisions. The".
On page five, subdivision 6.1.7., lines six and seven, by striking out the words "to enable the Director or spending unit" and inserting in lieu thereof the word "necessary".
On page five, subdivision 6.2.2., line seven, by striking out the words "shall not accept as the bidder's submission or response" and inserting in lieu thereof the words "may not accept".
On page five, subdivision 6.2.2., line seven, by striking out the words "received by" and inserting in lieu thereof the words "submitted to".
On page five, subdivision 6.2.4., by striking out the words "Any vendor submitting bids via facsimile shall be aware that bids sent in such manner" and inserting in lieu thereof the words "Bids submitted via facsimile".
On page five, subdivision 6.2.4., after the words "completeness of" by striking out the word "bid" and inserting in lieu thereof the word "bids".
On page six, subdivision 6.2.5., line three, by striking out the word "leave" and inserting in lieu thereof the words "be removed from".
On page six, subdivision 6.3.1., line one, by striking out the words "the delivering of" and inserting in lieu thereof the word "delivering".
On page six, subdivision 6.3.1., line five, by striking out the words "The bids" and inserting in lieu thereof the word "Bids".
On page eight, subdivision 6.5.1., after the words "spending units." by striking out the remainder of the subdivision and inserting in lieu thereof the following: "No person may write or attempt to influence the drafter of specifications to limit competition or favor or disfavor a particular vendor.".
On page eight, subdivision 6.5.2., by striking out the words "These standard" and inserting in lieu thereof the word "Standard".
On page nine, subdivision 6.5.2., after the words "the Director determines there are" by striking out the remainder of the subdivision and inserting in lieu thereof the following: "applicable nationally accepted standards. Use of standard specifications is mandatory unless an exemption is granted by the Director.".
On page nine, subsection 6.6., by striking out "6.6.1.".
On page nine, subsection 6.6., by striking out the words "no conflict of interest," and inserting in lieu thereof the words "that no conflict of interest exists,".
On page nine, subsection 6.6., lines four and five, by striking out the word "shall" and inserting in lieu thereof the word "may".
On page nine, subsection 6.6., line seven, by striking out the word "vendors" and inserting in lieu thereof the word "vendor".
On page nine, subdivision 7.1.2., line one, by striking out the word "should" and inserting in lieu thereof the word "may".
On page nine, subsection 7.2., line one, after the words "or less" by inserting the words "per transaction".
On page nine, subsection 7.2., line four, by striking out the words "these records of the" and inserting in lieu thereof the words "records of these";
On page ten, subsection 7.4., line four, by striking out the word "shall" and inserting in lieu thereof the word "is".
On page eleven, subdivision 7.5.4., after the words "formal bidding" by striking out the word "or,".
On page eleven, subdivision 7.5.5., by striking out the words "as described" and inserting in lieu thereof the words "in the same manner described".
On page eleven, subdivision 7.5.6., by striking the words "used equipment to be purchased directly" and inserting in lieu thereof the words "the purchase of used equipment directly from the vendor".
On page eleven, subsection 7.6., by striking out the word "should" and inserting in lieu thereof the word "shall".
On page twelve, subdivision 7.7.2., after the word "practical" by striking out the words "RFQs should" and inserting in lieu thereof the words Requests for Quotations (RFQs)shall".
On page twelve, subdivision 7.7.3., line four, by striking out the word "shall" and inserting in lieu thereof the word "may".
On page twelve, paragraph 7.9.1.(a), by striking out the words "agencies of the federal government, agencies of other states, other public bodies or other state agencies" and inserting in lieu thereof the words "other public agencies and entities".
On page twelve, paragraph 7.9.1.(a), after the word "comparison" by striking out the word "shall" and inserting in lieu thereof the word "may".
On page twelve, paragraph 7.9.1.(a), by striking out the words "Director believes the state's" and inserting in lieu thereof the word "State's".
On page twelve, paragraph 7.9.1.(b), after the word "difference" by adding the words "in price".
On pages twelve and thirteen, paragraph 7.9.1.(b), by striking out the words "agencies of the federal government, agencies of other states, other public bodies or other state agencies" and inserting in lieu thereof the words "other public agencies and entities".
On page thirteen, subdivision 7.9.2., by striking out the words "evidence and documentation as required by the Director" and inserting in lieu thereof the words "necessary evidence and documentation"
On page thirteen, subdivision 7.9.2., by striking out the words "only approve those requests with submitted" and inserting in lieu thereof the words "approve only those requests submitted with".
On page thirteen, subdivision 7.9.2., by striking out the words "by the Director".
On page thirteen, subdivision 7.10.1., after the words "best interest of the State" by striking out the remainder of the subdivision and inserting in lieu thereof the following.
"In arriving at a determination, the Director will consider the following factors, insofar as they are applicable:
(1) The quality, availability, and reliability of the supplies, materials, equipment, or service and their adaptability to the particular use required;
(2) The ability, capacity, and skill of the bidder;
(3) The sufficiency of the bidder's financial resources;
(4) The bidder's ability to provide maintenance, repair parts, and service;
(5) The compatibility with existing equipment;
(6) The need for flexibility in evaluating new products on a large scale before becoming contractually committed for all use; and
(7) Any other relevant factors.";
On page thirteen, subdivision 7.11.1., after the words "Purchasing Division." by striking out the remainder of the subdivision and inserting in lieu thereof the following: "The maximum budgeted amount may not be disclosed to any vendor prior to the bid opening and may not be changed after the bid opening.".
On page thirteen, subdivision 7.11.2., line three, by capitalizing the word "state".
On page fourteen, subsection 7.13., by striking out "7.13.1.".
On page fourteen, subdivision 7.13.1, at the beginning of the first sentence, by striking out the word "The" and inserting in lieu thereof the words "For contracts for commodities and services in the amount of $1 million or less, the".
On page fourteen, paragraphs 7.13.1.(a), by capitalizing the word "state".
On page fourteen, after subdivision 7.13.1, by inserting a new subdivision, designated subdivision 7.13.2, to read as follows:
"7.13.2. For contracts for commodities and services in an amount exceeding $1 million, the following contract management procedures apply:
a. Post Award Conferences.
The agency administrator responsible for administering the contract shall hold a post award conference with the contractor to ensure a clear and mutual understanding of all contract terms and conditions, and the respective responsibilities of all parties. The agenda for the conference shall include, at a minimum, the introduction of all participants and identification of agency and contractor key personnel, and discussion of the following items:
(1) The scope of the contract, including specifications of what the agency is buying;
(2) The contract terms and conditions, particularly any special contract provisions;
(3) The technical and reporting requirements of the contract;
(4) The contract administration procedures, including contract monitoring and progress measurement;
(5) The rights and obligations of both parties and the contractor performance evaluation procedures;
(6) An explanation that the contractor will be evaluated on its performance both during and at the conclusion of the contract and that such information may be considered in the selection of future contracts;
(7) Potential contract problem areas and possible solutions;
(8) Invoicing requirements and payment procedures, with particular attention to whether payment will be made according to milestones achieved by the contractor;
(9) An explanation of the limits of authority of the personnel of both the agency and the contractor.
b. Monitoring.
The agency shall develop a comprehensive and objective monitoring checklist which:
(1) Measures outcomes;
(2) Monitors compliance with contract requirements; and
(3) Assesses contractor performance.
c. Reports.
The agency shall make the following reports to the Director, on a schedule established by the Director, but not less frequently than once each year:
(1) Status Reports. Status reports describe the progress of the work; track the organizational structure of the statement of work in terms of phases, segments, deliverables and products; and describe what work is complete and what work is pending and contrast that status against the contract schedule. If there are any unresolved issues that the agency is contractually obligated to resolve, those issues should be included in the status report and a resolution should be requested.
(2) Activity Reports. Activity reports describe all activity on the project, regardless of whether substantial progress has been made toward completion of the project. If payment is based on the number of completed transactions, these activities must be specifically set out in the report.";
On page fourteen, after subsection 7.13, by inserting the following:
"7.14. Inspection.
7.14.1. The agency shall inspect all materials, supplies, and equipment upon delivery to insure compliance with the contract requirements and specifications.
7.14.2. The agency shall report any discrepancies to the Director immediately.
7.14.3. If unlisted shortages are discovered, the vendor and the Director must be notified immediately.
7.14.4. A contractor may be required to pick up any merchandise not conforming to specifications and replace the merchandise immediately.
7.15. Substitutions.
Substitution of items called for in a contract is not permitted without the Director's prior approval. The Director will not approve substitution of items unless the substituted items are of equal quality and are offered at the same or lower price.
7.16. Cancellations.
7.16.1. The director may cancel a purchase or contract under any one of the following conditions including, but not limited to:
(a) The vendor agrees to the cancellation;
(b) The vendor has obtained the contract by fraud, collusion, conspiracy, or in conflict with any statutory or constitutional provision of the state of West Virginia;
(c) Failure to conform to contract requirements or standard commercial practices;
(d) The existence of an organizational conflict of interest is identified; or
(e) Funds are not appropriated or an appropriation is discontinued by the legislature for the acquisition.
7.16.2. Notwithstanding other provisions of this subdivision, the Director may cancel a purchase or contract for any reason or for no reason, upon 30 days' notice to the vendor.
7.17. Damages.
7.17.1. A vendor who fails to perform as required under a contract shall be liable for actual damages and costs incurred by the state.
7.17.2. If any merchandise delivered under a contract has been used or consumed by an agency and on testing is found not to comply with specifications, no payment may be approved by the Director for the merchandise until the amount of actual damages incurred has been determined.
7.17.3. The Director shall seek to collect damages by following the procedures established by the Office of the Attorney General for the collection of delinquent obligations."; and
On page 17, subsection 11.1., by capitalizing the word "internet";
And,
On page 17, after subsection 11.1, by striking out subsections 11.2, 11.3, 11.4 and 11.5 in their entirety and inserting in lieu thereof the following:
"11.2. The state spending unit for surplus property may contract with one or more nationally recognized commercial Internet auction sites to coordinate sales of surplus property, pursuant to the provisions of §5A-3-45 of the West Virginia Code and this rule.
11.3. To ensure that organizations eligible under Federal Property Management Regulations (41 CFR Chapter 101) have priority in obtaining surplus property, all surplus property will be listed on the West Virginia State Agency for Surplus Property website for at least five (5) working days prior to being made available on an Internet auction site.".
(b) The legislative rule filed in the State Register on the eleventh day of July, two thousand six, authorized under the authority of section forty-four, article three, chapter five-a of this code, modified by the Department of Administration to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the sixteenth day of August, two thousand six, relating to the Department of Administration (cannibalization of state property, 148 CSR 16), is authorized, with the following amendments:
On page one, by striking out subsection 1.1. in its entirety and inserting in lieu thereof the following:
"1.1. This rule explains and clarifies operative procedures for the disposal of state surplus property by cannibalization for use of component parts."
On page one, section two, lines one and two, by striking out the words "meaning as" and inserting in lieu thereof the word "meanings", by striking out "§5A-1-1" and inserting in lieu thereof "§§5A-1-1 et seq.", and by striking out "5A-3-1 et seq., and as follows" and inserting in lieu thereof the "§§5A-3-1 et seq. In addition";
On page one, subsection 3.1., by striking out the word "legislative" and by striking out the word "State" and inserting in lieu thereof the word "state";
On pages one and two, by striking out section four in its entirety and renumbering the remaining section accordingly;
On page two, section five, by inserting a new subsection to read as follows:
"4.1. State assets shall be disposed of exclusively through the state agency for surplus property.";
On page two, section five, by redesignating subsections 5.1. through 5.6. as subsections 4.2. through 4.7.;
On page two, subdivisions 5.1.a. through 5.1.c., by inserting the word "The" before the word "commodity";
On page two, subdivision 5.1.d., by inserting the word "A" before the word "description";
On page two, subdivision 5.1.e., by capitalizing the word "whether", after the word "If" by inserting the word "the", and by striking out the words "why the agency is" and inserting in lieu thereof the word "for";
On page two, subdivision 5.1.f., by capitalizing the word "how";
On page two, subdivision 5.1.g., lines one and two, by capitalizing the word "who" and, after the word "document" by inserting a comma and the words "signed by the spending officer,";
On page two, subdivision 5.1.g., line three, by striking out the words "which will identify" and inserting in lieu thereof the word "identifying";
On page two, subdivision 5.1.g., line five, by striking out the words "qualification. This document must be signed by the spending officer." and inserting in lieu thereof the word "qualifications";
On pages two and three, by striking out subsection 5.2. in its entirety and by inserting in lieu thereof the following:
"4.2.a. If the agency plans to use the cannibalized parts immediately, it must provide the following additional information:
4.2.a.1. Whether the part restores the commodity to an operable condition;
4.2.a.2. If the part does not restore the property to an operable condition, additional justification for the initial cannibalization, along with the additional steps required to restore the property to an operable condition; and
4.2.a.3. The cost of the parts and labor to restore the commodity to an operable condition without cannibalization.
4.2.b. The agency must properly retire an inoperable part being replaced to the state agency for surplus property using the authorized means of disposal outlined in W. Va. Code §5A-3-45.
4.2.c. The Director shall make a comparison of the current value of the asset being cannibalized, the value of the property being repaired and the cost to repair the item without cannibalization. The Director will not authorize cannibalization unless the value of the repaired asset exceeds the value of the asset to be cannibalized, along with the cost of the cannibalization/repair process."
On page three, subsection 5.3., lines one and two, after the word "future use" by changing the period to a comma, by striking out the words "justification must be submitted to and approved by" and inserting in lieu thereof the words "it must submit written justification to";
On page three, subsection 5.3., after the word "property" by inserting the words "for approval";
On page three, subsection 5.3. by striking out "5.3.a." and by redesignating paragraphs 5.3.a.1. through 5.3.a.4 as subdivisions 4.3.a. through 4.3.d.;
On page three, paragraph 5.3.a.1., by striking out the words "the potential" and inserting in lieu thereof the word "The";
On page three, paragraph 5.3.a.2. by capitalizing the word "the" at the beginning of the paragraph;
On page three, paragraph 5.3.a.3. by capitalizing the word "the" at the beginning of the paragraph and, after the word "stored;", by inserting the word "and";
On page three, paragraph 5.3.a.2. by capitalizing the word "the" at the beginning of the paragraph;
On page three, subsection 5.5., lines one and two, by striking out the words "make determination' and inserting in lieu thereof the word "determine" and by capitalizing the word "state";
On page three, paragraph 5.5.a. by striking out the word "The" and inserting in lieu thereof the words "Does the" and, after the word "cannibalized", by inserting a question mark;
On page three, paragraph 5.5.b. by striking out the words "There is" and inserting in lieu thereof the words "Is there" and, after the word "form;", by inserting a question mark, a semi-colon and the word "and";
On page three, paragraph 5.5.c., by striking out the word "The" and inserting in lieu thereof the words "Does the" and by striking out the words "does not";
On page three, paragraph 5.5.c., by capitalizing the word "state";
On page three, paragraph 5.5.c., by striking out the word "non-used" and inserting in lieu thereof the word "unused" and by changing the period to a question mark;
And,
On page three, section 5.6, line one, after the words "review the" by inserting the word "agency".
(c) The legislative rule filed in the State Register on the eleventh day of July, two thousand six, authorized under the authority of section forty-four, article three, chapter five-a of this code, modified by the Department of Administration to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the sixteenth day of August, two thousand six, relating to the Department of Administration (waste disposal of state property, 148 CSR 17), is authorized, with the following amendments:
On page one, by striking out subsection 1.1. in its entirety and inserting in lieu thereof the following:
"1.1. This rule explains and clarifies operative procedures for the disposal of commodities as waste."
On page one, section two, lines one and two, by striking out the words "meaning as" and inserting in lieu thereof the word "meanings", by striking out "§5A-1-1" and inserting in lieu thereof "§§5A-1-1 et seq.", and by striking out "5A-3-1 et seq., and as follows" and inserting in lieu thereof the "§§5A-3-1 et seq. In addition";
On page one, subsection 3.1., by striking out the word "legislative" and by striking out the word "State" and inserting in lieu thereof the word "state";
On pages one and two, by striking out section four in its entirety and renumbering the remaining section accordingly;
On page two, section five, by inserting a new subsection to read as follows:
"4.1. State assets shall be disposed of exclusively through the state agency for surplus property.";
On page two, section five, by redesignating subsections 5.1. through 5.8. as subsections 4.2. through 4.9.;
On page two, subsection 5.1., by striking out the word "submits" and inserting in lieu thereof the word "shall submit";
On page two, subsection 5.2., by striking out the word "State" and inserting in lieu thereof the words "The state";
On page two, subsection 5.2., by striking out the word "evaluates" and inserting in lieu thereof the words "shall evaluate";
On page two, subdivision 5.3.a., by striking out the words "If the" and inserting in lieu thereof the word "The";
On page two, subdivision 5.3.c., by striking out the word "state" and inserting in lieu thereof the word "State";
On page two, subsection 5.4., by striking out "5.4.a." and by redesignating paragraphs 5.4.a.1. through 5.4.a.3. as subdivisions 4.5.a. through 4.5.c.;
On page two, subsection 5.5., after the words "completed and" by striking out the words "a physical inspection conducted (if necessary), a determination is made by" and inserting in lieu thereof a comma and the words "if necessary, a physical inspection conducted,";
On page two, subsection 5.5., after the words "surplus property" by striking out the words "as to" and inserting in lieu thereof the words "shall determine";
On page two, subsection 5.6., after the words "using any other" by striking out the words "approved method, in accordance with §5A-3-45 of the West Virginia Code" and inserting in lieu thereof the words "method approved by W. Vs. Code §5A-3-45";
On page two, subsection 5.7., line one, by striking out the word "with" and inserting in lieu thereof the word "within";
And,
On page two, subsection 5.7., by striking out the words "shall be" and inserting in lieu thereof the word "are".
(d) The legislative rule filed in the State Register on the twenty-sixth day of July, two thousand six, authorized under the authority of section fourteen, article four, chapter t