hdj2008-02-28-51

__________*__________
Thursday, February 28, 2008
FIFTY-FIRST 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, February 27, 2008, being the first order of business, when the further reading thereof was dispensed with and the same approved.
At the request of Delegate DeLong, and by unanimous consent, the House of Delegates proceeded to the Seventh Order of Business for the purpose of introducing a resolution.
Resolutions Introduced
Mr. Speaker, Mr. Thompson, and Delegates Campbell, Canterbury, Long, M. Poling, Evans and Border offered the following resolution which was read by the Clerk, as follows:
H. R. 29 - "Recognizing President Olen E. Jones, Jr., Ph.D., for his dedication to education, medicine and science and his continuing service to West Virginia in each of these fields."
Whereas, President Olen E. Jones, Jr., earned his Ph.D. in Education Administration from Northwestern University in Evanston, Illinois, and earned his Bachelor's and Master's degrees from Marshall University; and
Whereas, Olen E. Jones, Jr., is the President of the West Virginia School of Osteopathic Medicine, which has been named one of U.S. News and World Report magazine's top medical schools for nine consecutive years, including "Top 10" designation in Rural Medicine four of the last five years; and
Whereas, President Jones has supported the West Virginia School of Osteopathic Medicine's mission of training students for careers as rural, primary care physicians; and
Whereas, During President Jones's tenure, the West Virginia School of Osteopathic Medicine has received many other awards and recognitions, including the Governor's Rural Health Award, the Business Spotlight of the Year Award, and designation as a program of excellence; and
Whereas, Sixteen campus construction and renovation projects have been completed at the West Virginia School of Osteopathic Medicine during President Jones's tenure. The institution has grown from one main building when he first assumed the presidency, to the current twelve facilities spread over forty-four acres and several adjoining properties; and
Whereas, With President Jones's guidance, the West Virginia School of Osteopathic Medicine has developed into a major economic development center for southeastern West Virginia, creating large numbers of jobs for the area, stimulating major economic growth in the region and hiring in-state contractors and vendors; and
Whereas, President Jones has led the charge to construct the Robert C. Byrd Clinic, and the recent Geriatrics Center at the clinic, helping meet the health care needs of the Greenbrier Valley and the area's elderly population; and
Whereas, President Jones assisted in establishing the School of Medicine and the College of Science, as well as automating the library, at Marshall University when he served there as Provost and Executive Vice President; and
Whereas, President Jones has served as the Chairman of the American Association of Colleges of Osteopathic Medicine Board of Governors, and as Director of Test Administration for the American College Testing (ACT) Program; and
Whereas, Among his honors and awards, President Jones has received the "Dale Dodson Award" for Leadership in Osteopathic Medical Education; the "Business Leader of the Year" designation by the Greater Greenbrier Chamber of Commerce; as well as the "Top 50 Most Powerful People in West Virginia" designation by West Virginia Executive magazine; therefore, be it
Resolved by the House of Delegates:
That President Olen E. Jones, Jr., Ph. D, Be recognized for his continued service to the health of West Virginians, his help in creating jobs for the area, and the compassion he shows for the well being of the citizens of the state and, be it
Further Resolved, That the Clerk of the House of Delegates prepare a certified copy of this resolution for President Olen E. Jones, Jr., Ph. D.
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the resolution (H. R. 29) to a committee was dispensed with, and it was taken up for immediate consideration.
The question now being on the adoption of the resolution, the yeas and nays were demanded, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 239), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
Absent And Not Voting: Cowles, Craig, Doyle, Longstreth, Marshall and Reynolds.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 29) adopted.
Committee Reports
On motion for leave, a resolution was introduced (Originating in the Committee on Pensions and Retirement and reported with the recommendation that it be adopted), which was read by its title, as follows:
By Delegates Spencer, Craig, Browning, Stemple, Stephens, Duke and Canterbury:
H. C. R. 75 - "Requesting that the Joint Committee on Government and Finance authorize the study of the creation of a new retirement system for conservation officers employed by the State of West Virginia."
Whereas, The primary responsibility of a conservation officer is to interpret and enforce State Natural Resource Laws, Rules and Regulations; and
Whereas, Conservation officers face dangers such as working alone in secluded areas and confronting armed subjects who are often under the influence of alcohol or drugs; and
Whereas, A conservation officer in West Virginia is as fully certified as a police officer with the same state wide authority as a State Trooper; and
Whereas, Conservation officers must maintain a high degree of physical conditioning due to the rough terrain they encounter, the large amount of time spent patrolling on foot, and the need to apprehend and control persons who may resist arrest; and
Whereas, Conservation officers are currently members of the Public Employees Retirement System; and
Whereas, Conservation officers may benefit from the creation of a retirement system that considers the risks and work environment associated with their job duties; and therefore be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the creation of a new retirement system for conservation officers employed by the State of West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the Regular Session of the Legislature, 2009, 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.
The Speaker referred the resolution (H. C. R. 75) to the Committee on Rules.
Chairman Talbott, from the Committee on Agriculture and Natural Resources, submitted the following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
S. B. 775, Relating to state parks and state forests,
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 Government Organization be dispensed with.
In the absence of objection, reference of the bill (S. B. 775) to the Committee on Government Organization was abrogated.
Chairman Spencer, from the Committee on Pensions and Retirement, submitted the following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
Com. Sub. for S. B. 201, Providing terms for certain retirement benefits disqualification,
And,
Com. Sub. for S. B. 208, Clarifying all Consolidated Public Retirement Board systems are included in employer pick-up provisions,
And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bills (S. B. 201 and S. B. 208) were each referred to the Committee on Finance.
On motion for leave, a resolution was introduced (Originating in the Committee on Health and Human Resources and reported with the recommendation that it be adopted), which was read by its title, as follows:
By Delegates Perdue, Hatfield, Campbell, Cann, Eldridge, Fleischauer, Long, Marshall, Moore, Moye, Pino, Rodighiero, Staggers, Spencer, Wysong, Ashley, Border, Canterbury, Lane, J. Miller, Rowan and Sumner:

H. C. R. 74 - "Requesting the Joint Committee on Government and Finance to study the need for a comprehensive, collaborative entity made up of experts in prevention, treatment and intervention to plan and coordinate West Virginia's response to the problem of substance abuse."
Whereas, Substance abuse continues to take a devastating toll on West Virginia's citizens, families and communities; and
Whereas, The combined annual cost of the effects of substance abuse in West Virginia is approaching two billion dollars according to the Public Consulting Group in a report to the Bureau for Behavioral Health and Health Facilities; and
Whereas, West Virginia has the highest death rate from drug overdose for adults under age forty-five; and
Whereas, Prescription drug abuse has reached alarming levels in West Virginia; and
Whereas, many controlled substances have useful, legitimate, and scientific purposes, and are necessary for appropriate pain management; and
Whereas, The United State Congress declared its intention to assist state and local communities by making grants available to those states that establish and maintain a substance abuse prevention and intervention planning body; and
Whereas, Substance abuse and mental health prevention activities and public health awareness programs should be coordinated across Bureaus and across the state utilizing a partnership that should include leadership from both the executive branch and the legislative branches of state government; and
Whereas, Pursuant to the declarations of Congress, the Governor has established the West Virginia Partnership to Promote Community Well-Being by Executive Order No. 8-04; therefore, be it
Resolved by the West Virginia Legislature:
That the Joint Committee on Government and Finance is hereby requested to study the need for a comprehensive, collaborative entity made up of experts in prevention, treatment and intervention and law enforcement to plan and coordinate West Virginia's response to the problem of substance abuse; and, be it
Further Resolved, That the Joint Committee on Government and Finance, as part of the study, review provisions in state law and policies regarding pain management and consider how best to prevent the diversion of prescription medication without impeding pain control for patients with a legitimate medical need for pain management prescription drugs; and, be it
Further Resolved, That the Joint Committee on Government and Finance, as part of the study, consider whether physicians prescribing controlled substances should be required to review the West Virginia Board of Pharmacy's online Prescription Drug Monitoring Program before prescribing and that part of the study include a review of the appropriate use and access by various groups of the Board of Pharmacy's Prescription Drug Monitoring Program; and, be it
Further Resolved, That the Joint Committee on Government and Finance, as part of the study, consider the development of a community-based, data-driven behavioral health promotion system that relies on evidence-based practice using models such as the Strategic Prevention framework, to build local capacity and develop a statewide support system using a regional technical assistance/consulting model;
Further Resolved, That the Joint Committee on Government and Finance, as part of the study, consider the identification of a comprehensive, coordinated approach to aggregate and review data regarding substance abuse in West Virginia, to develop policy positions for legislative consideration and to work to create a public media campaign to educate the public on the issues related to substance abuse; and, be it
Further Resolved, That the Joint Committee on Government and Finance, as part of the study, consider the codification of a coordinating body to assure collaboration amongst all the agencies and entities; and, be it
Further Resolved, That the Joint Committee of Government and Finance report to the regular session of the Legislature, 2009, 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.
The Speaker referred the resolution (H. C. R. 74) to the Committee on Rules.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
Com. Sub. for S. B. 462, Raising mental health refusal age of consent,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (S. B. 462) was referred to the Committee on the Judiciary.
On motion for leave, a resolution was introduced (Originating in the Committee on Roads and Transportation and reported with the recommendation that it be adopted), which was read by its title, as follows:
By Delegates Hrutkay, Stephens, Romine, Schadler, Argento, Burdiss, Crosier, Ennis, Klempa, Martin, Michael, Pethtel, Pino, Shook, Wells, Duke, Evans, Porter, and Tansill:

H. C. R. 76 - "Requesting the Joint Committee on Government and Finance study the feasibility of providing for the motor vehicle registration and licensing of mini trucks for restricted use on public roads and highways."
Whereas, Mini Trucks are becoming increasingly popular in this state and are becoming increasingly available via importation from abroad and are currently marketed in this state by farm and recreational equipment retailers for off-road use; and
Whereas, Motor vehicles commonly referred to as mini trucks are small four-wheel drive vehicles configured as a truck with a bed and enclosed cab and are typically equipped with engines ranging in size of about 550cc to 650cc and developing 35 to 45 horsepower, capable of speeds of around 25 miles per hour, weighing up to about 1800 pounds and being about 10 feet long, 5 feet high and four feet wide with a bed approximately 4 feet by 6 feet, although some mini trucks may vary from these general specifications; and
Whereas, Mini trucks possess many unique and desirable features; they are reliable and fuel efficient; their hauling capacity combined with 4x4 wheel drive makes these vehicles an inexpensive alternative to larger trucks, utility vehicles or ATV's for outdoors persons, farmers and other off-road recreational and commercial applications; and
Whereas, The recent dramatic increase in the cost of gasoline, has generated an increased interest by the citizens of this state in allowing the use of mini trucks on public roads and highways as a fuel efficient vehicle for daily transportation; and
Whereas, Mini trucks are designed for non-highway, off road use and do not meet U.S. Department of Transportation Federal Motor Vehicle Safety Standards set forth in 49 CFR 571 or Federal EPA emissions standards; and
Whereas, Mini trucks are currently being imported for resale as non-road farm and recreational use vehicles thereby avoiding any determination of what safety and environmental standards may be lacking in the on-road use of these vehicles; and
Whereas, Under current law, mini trucks may not be titled, registered or licensed as motor vehicles in West Virginia; and
Whereas, Proposed legislation authorizing the registration, licensure and use of mini trucks upon the roads and highways of this state raises questions regarding their fitness for on-road use; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the feasibility of providing for the motor vehicle registration and licensing of mini trucks for restricted use on public roads and highways; and, be it
Further Resolved, The Joint Committee on Government and Finance report to the Legislature, on the first day of the regular session, two thousand nine, on its findings, conclusions and recommendations together with drafts of any legislation 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.
The Speaker referred the resolution (H. C. R. 76) to the Committee on Rules.
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. 145, Relating to reasonable force in defense of self, real and personal property,
S. B. 270, Eliminating provisions requiring circuit clerks handle and disburse inmate moneys,
And,
S. B. 272, Clarifying "telemarketing solicitation" definition,
And reports the same back with the recommendation that they each do pass.
At the respective requests of Delegate DeLong, and by unanimous consent, Com. Sub. for S. B. 145 was taken up for immediate consideration, read a first time and then ordered to second 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. 240), and there were--yeas 95, nays 2, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Blair and Carmichael.
Absent and Not Voting: Craig, Longstreth and Marshall.
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. 241), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Doyle.
Absent and Not Voting: Craig, Longstreth and Marshall.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 145) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 242), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Doyle.
Absent and Not Voting: Craig, Longstreth and Marshall.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 88 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5B-2-6a, relating to the creation of brownfield economic development districts; providing eligibility criteria; exempting brownfield economic development districts from land-use planning provisions; and requiring the development office to promulgate emergency rules by the first day of July, two thousand eight, to implement this new section"; which as referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2008, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 239 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-6H-1, §11-6H-2, §11-6H-3, §11-6H-4, §11-6H-5, §11-6H-6, §11-6H-7, §11-6H-8, §11-6H-9, §11-6H-10 and §11-6H-11, all relating to the Senior Citizen Property Tax Payment Deferment Act; providing definitions; providing deferment for payment of certain property tax increments; requiring application for the deferment; providing for deferment renewal and waiver of deferment; providing procedures for the review and approval of application by the assessor; providing an appeals procedure; authorizing creation of a lien on property for which deferment is approved; specifying conditions for liens and lien payment and termination; requiring the Tax Commissioner to prescribe necessary forms and instructions; authorizing the Tax Commissioner to propose legislative rules; establishing criminal penalties; and authorizing severability of provisions of the article"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 248 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17B-7-1, relating to providing that West Virginia will not participate in the REAL ID Act of 2005 enacted by the United States Congress in Public Law 109-13"; which was referred to the Committee on Roads and Transportation then the Judiciary.
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
Com. Sub. for S. B. 251 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-2-8; and to amend and reenact §30-13A-36 of said code, all relating to surveyors; and requiring each county surveyor of lands to be a licensed surveyor after a date certain"; which was referred to the Committee on Government Organization then Finance.
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. 253 - "A Bill to amend and reenact §30-13A-27 of the Code of West Virginia, 1931, as amended, relating to specifying the United States survey foot and the associated conversion factor of one meter equals 39.37/12 feet for the purposes of the West Virginia Coordinate System of 1983"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 286 - "A Bill to amend and reenact §9-6-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §49-6A-9 of said code, all relating to personal immunity from civil liability for adult protective services workers and child protective services workers performing employment-related duties and responsibilities within their official capacity"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2008, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 309 - "A Bill to amend and reenact §6-7-2a of the Code of West Virginia, 1931, as amended, relating to the terms of certain appointed state officers; qualifications; powers and salaries of such officers; and clarifying salary when one person is serving as both the Secretary of Transportation and the Commissioner of Highways"; which was referred to the Committee on Government Organization then Finance.
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
Com. Sub. for S. B. 332 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-28-1, §11-28-2, §11-28-3, §11-28-4 and §11-28-5, all relating to required disclosures for loans in anticipation of a tax refund; exceptions; offenses; and penalties"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 349 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Board of Acupuncture to promulgate a legislative rule relating to disciplinary and complaint procedures for acupuncturists; authorizing the Board of Acupuncture to promulgate a legislative rule relating to continuing education requirements; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to the fee structure for the Pesticide Control Act of 1990; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to auctioneers; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to the West Virginia Plant Pest Act; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to the inspection of meat and poultry; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to frozen desserts and imitation frozen desserts; authorizing the State Auditor to promulgate a legislative rule relating to standards for requisitions for payment issued to state officers on the Auditor; authorizing the State Auditor to promulgate a legislative rule relating to the State Purchasing Card Program; authorizing the Board of Dental Examiners to promulgate a legislative rule relating to the board; authorizing the State Election Commission to promulgate a legislative rule relating to corporate political activity; authorizing the State Election Commission to promulgate a legislative rule relating to the regulation of campaign finance; authorizing the State Election Commission to promulgate a legislative rule relating to election expenditures; authorizing the Board of Funeral Service Examiners to promulgate a legislative rule relating to funeral director, embalmer, apprentice, courtesy card holder and funeral establishment requirements; authorizing the Board of Hearing Aid Dealers to promulgate a legislative rule relating to the board; authorizing the Massage Therapy Licensure Board to promulgate a legislative rule relating to general provisions; authorizing the Medical Imaging and Radiation Therapy Technology Board of Examiners to promulgate a legislative rule relating to the board; authorizing the Medical Imaging and Radiation Therapy Technology Board of Examiners to promulgate a legislative rule relating to continuing education; authorizing the Medical Imaging and Radiation Therapy Technology Board of Examiners to promulgate a legislative rule relating to a standard of ethics; authorizing the Board of Medicine to promulgate a legislative rule relating to continuing education for physicians and podiatrists; authorizing the Board of Medicine to promulgate a legislative rule relating to collaborative pharmacy practice; authorizing the Board of Medicine to promulgate a legislative rule relating to certification, disciplinary and complaint procedures, continuing education and radiologist assistants; authorizing the Nursing Home Administrators Licensing Board to promulgate a legislative rule relating to nursing home administrators; authorizing the Pharmaceutical Cost Management Council to promulgate a legislative rule relating to prescription drug advertising expense reporting; authorizing the Board of Professional Surveyors to promulgate a legislative rule relating to the examination and licensing of professional surveyors in West Virginia; authorizing the Board of Professional Surveyors to promulgate a legislative rule relating to fees for surveyors and surveying firms; authorizing the Board of Professional Surveyors to promulgate a legislative rule relating to standards for the practice of surveying in West Virginia; authorizing the Public Service Commission to promulgate a legislative rule relating to emergency telephone service; authorizing the Secretary of State to promulgate a legislative rule relating to the use of digital signatures, state certificate authority and the state repository; authorizing the Board of Examiners for Speech-Language Pathology and Audiology to promulgate a legislative rule relating to the licensure of speech- pathology and audiology; and authorizing the Board of Veterinary Medicine to promulgate a legislative rule relating to the registration of veterinary technicians"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 373 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, all relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; continuing rules previously promulgated by state agencies and boards; legislative mandate or authorization for the promulgation of certain legislative rules; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Department of Environmental Protection to promulgate legislative rules relating to emission standards for hazardous air pollutants; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to standards of performance for new stationary sources; authorizing the Department of Environmental Protection to repeal a legislative rule relating to the ambient air quality standard for nitrogen dioxide; authorizing the Department of Environmental Protection to repeal a legislative rule relating to emission standards for hazardous air pollutants pursuant to 40 CFR Part 61; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from combustion of solid waste; authorizing the Department of Environmental Protection to repeal a legislative rule relating to the prevention and control of emissions from hospital/medical/infectious waste incinerators; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from hazardous waste treatment, storage and disposal facilities; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of annual nitrogen oxides emissions; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of ozone season nitrogen oxides emissions; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of annual sulfur dioxide emissions; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to greenhouse gas emissions inventory program; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from combustion of refuse; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to ambient air quality standards; authorizing the Department of Environmental Protection to repeal a legislative rule relating to ambient air quality standards for carbon monoxide and ozone; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to surface mining blasting; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to surface mining reclamation; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to voluntary remediation and development; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to environmental excellence program; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to standards for the beneficial use of filtrate from water treatment plants; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the Recycling Assistance Grant Program; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the hazardous waste management system; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to underground storage tanks; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the National Pollutant Discharge Elimination System (NPDES) Program; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to WV/NPDES rules for coal mining facilities; and authorizing the Solid Waste Management Board to promulgate a legislative rule relating to performance measures and review standards for solid waste authorities operating commercial solid waste facilities"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 390 - "A Bill to amend and reenact §64-3-3 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to requirements governing water quality standards"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 398 - "A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Health and Human Resources and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to food establishments; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to water wells; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to water well design standards; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to hospice licensure; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to the regulation of opioid treatment programs; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to the newborn screening system; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to clandestine drug laboratory remediation; and authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to emergency medical services"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 417- "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Revenue and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Alcohol Beverage Control Commission to promulgate a legislative rule relating to retail licensee operations; authorizing the Alcohol Beverage Control Commission to promulgate a legislative rule relating to farm wineries; authorizing the Alcohol Beverage Control Commission to promulgate a legislative rule relating to the sale of wine; authorizing the Insurance Commissioner to promulgate a legislative rule relating to guaranteed loss ratios as applied to individual sickness and accident insurance policies; authorizing the Insurance Commissioner to promulgate a legislative rule relating to mental health parity; authorizing the Insurance Commissioner to promulgate a legislative rule relating to recognition of preferred mortality tables for use in determining minimum reserve liabilities; authorizing the Insurance Commissioner to promulgate a legislative rule relating to the replacement of life insurance policies and annuity contracts; authorizing the Insurance Commissioner to promulgate a legislative rule relating to military sales practices; authorizing the Insurance Commissioner to promulgate a legislative rule relating to suitability in annuity transactions; authorizing the Insurance Commissioner to promulgate a legislative rule relating to life insurance disclosures; authorizing the Insurance Commissioner to promulgate a legislative rule relating to life insurance illustrations; authorizing the Insurance Commissioner to promulgate a legislative rule relating to examiners and examinations; authorizing the Insurance Commissioner to promulgate a legislative rule relating to the licensing and conduct of insurance producers, agencies and solicitors; authorizing the Insurance Commissioner to promulgate a legislative rule relating to fingerprinting requirements for applications for an insurance producer license; authorizing the Insurance Commissioner to promulgate a legislative rule relating to advertisement of life insurance and annuities; authorizing the Lottery Commission to promulgate a legislative rule relating to racetrack table games; and authorizing the State Tax Division to promulgate a legislative rule relating to the exchange of information agreement between the Commissioner of the Tax Division of the Department of Revenue and the Commissioner of the Division of Labor of the Department of Commerce, the Commissioner of the Insurance Commission of the Department of Revenue, the Commissioner of the Division of Motor Vehicles of the Department of Transportation, the Commissioner of the Bureau of Employment Programs and the Office of the Governor"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 456 - "A Bill to amend and reenact §64-3-4 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to antidegradation implementation procedures"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2008, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 473 - "A Bill to repeal §60-1-5a of the Code of West Virginia, 1931, as amended; to repeal §60-3-25 of said code; to amend and reenact §60-1-5 of said code to amend said code by adding thereto four new sections, designated §60-4-2a, §60-4-2b, §60-4-2c and §60-4- 22a; to amend and reenact §60-4-3b and §60-4-22 of said code; to amend and reenact §60-6-1 of said code; to amend and reenact §60-8-1, §60-8-2, §60-8-3, §60-8-4, §60-8-6, §60-8-6a, §60-8-19, §60-8- 20, §60-8-24, §60-8-28, §60-8-30 and §60-8-32 of said code; and to amend said code by adding thereto two new sections, designated §60-8-3a and §60-8-3b, all relating to sales of wine; adding and removing certain definitions; establishing application and reporting requirements for farm wineries seeking a waiver of raw product quotas and import restrictions; defining "off-farm location" to mean a West Virginia farm or winery or a farm in a contiguous state; limiting the duration of waivers; providing for winery and farm winery license to manufacture and sell; deleting provisions prohibiting wholesaler's representatives or their spouses from contributing to political party campaign funds; authorizing wine specialty shops to conduct wine sampling events and wine-tasting events without obtaining a separate license; deleting provisions relating to wine tasting and wine sampling licenses; limiting direct shipping licenses to wineries or farm wineries producing twenty thousand gallons of wine or less per year; exempting from payment of the liter tax any winery or farm winery producing twenty thousand gallons of wine or less per year; providing that where a supplier or direct shipper does not have a minimum nexus with this state, the purchaser of wine from the supplier or direct shipper is responsible for reporting, collecting, remitting and paying taxes on the wine sold to the Tax Commissioner; adopting language relating to disposition of wine tax revenues; decreasing the cost and duration of wine brand and label registration; requiring the Alcohol Beverage Control Commissioner to propose rules for promulgation setting standards for wine brand and label review and registration; creating a limited wine retailer license; and allowing wine manufacturers, suppliers and distributors to agree in writing to a period of less than ninety days for termination of a distribution agreement"; which was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2008, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 477 - "A Bill to amend and reenact §20-7-1a and §20-7-1c of the Code of West Virginia, 1931, as amended, all relating to providing an increase in length of service and base salaries for conservation officers; providing a hiring bonus for conservation officers; and amending ranks of conservation officers"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2008, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 492 - "A Bill to amend and reenact §7-7-4a of the Code of West Virginia, 1931, as amended, relating to eliminating part-time prosecutors; authorizing an increase in salary for a part-time prosecutor who becomes a full-time prosecutor; and allowing counties an opt-out provision"; which was referred to the Committee on Political Subdivisions then the Judiciary.
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. 499 - A Bill to amend and reenact §11-13A-3b of the Code of West Virginia, 1931, as amended, relating to eliminating the severance tax on timber"; which was referred to the Committee on Finance.
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
Com. Sub. for S. B. 501 - "A Bill to amend and reenact §20-13-3 of the Code of West Virginia, 1931, as amended, relating to the transfer of the Stream Partners Program Fund from the West Virginia Division of Natural Resources to the West Virginia Department of Environmental Protection"; which was referred to the Committee on the Judiciary then Finance.
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The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 504 - "A Bill to repeal §48-18-201, §48-18-202, §48-18-203, §48-18- 204, §48-18-205 and §48-18-206 of the Code of West Virginia, 1931, as amended; to amend and reenact §38-3-18 of said code; to amend and reenact §48-1-205, §48-1-225, §48-1-230 and §48-1- 302 of said code; to amend and reenact §48-11-103 and §48-11-105 of said code; to amend said code by adding thereto a new section, designated §48-13-804; to amend and reenact §48-14-102, §48-14- 106, §48-14-108, §48-14-203, §48-14-302, §48-14-404, §48-14-407, §48-14-408, §48-14-414, §48- 14-502, §48-14-503, §48-14-701 and §48-14-801 of said code; to amend and reenact §48-15-201 of said code; to amend and reenact §48-17-101, §48-17-102, §48-17-103, §48-17-105, §48-17-106, §48-17-107 and §48-17-109 of said code; to amend and reenact §48-18-102, §48-18-118, §48-18- 120 and §48-18-126 of said code; and to amend said code by adding thereto four new sections, designated §48-18-118a, §48-18-126a, §48-18-126b and §48-18-126c, all relating generally to child support enforcement; clarifying findings of fact in court orders when income is attributed for purposes of setting child support; clarifying that prescription drugs are included in medical support; providing that inmate concession accounts are income for withholding purposes; reducing the interest rate on unpaid child support from ten percent per annum to five percent per annum; providing for support to continue past age eighteen by operation of law; establishing a procedure for refunding of properly withheld amounts when a support order is modified; requiring family court judges enter default orders setting child support; allowing the Bureau for Child Support Enforcement to bring an action for medical support; providing refund procedures when a party to a support order is deceased; clarifying that an affidavit of accrued support may be filed in the court where the original order was entered; clarifying that certain enforcement remedies for child support arrearages will toll the running of the statute of limitations; allowing the collection through income withholding of court-ordered fees; clarifying that withholding limitations do not apply to bonuses; providing for remedies against employers who improperly withhold child support; creating consistency among civil contempt penalties; authorizing the Bureau for Child Support Enforcement to collect an additional one hundred dollars when arrearage triggers are met; eliminating the requirement that the Bureau for Child Support Enforcement attorney meet with the parties prior to the posting of a bond; authorizing the Tax Commissioner to deny issuance or reissuance of a business license; reconstituting the Child Support Enforcement Commission to allow for review of the child support formula by the commission; clarifying the duties of the Bureau for Child Support Enforcement Commissioner with respect to the child support formula; allowing the Tax Commissioner to supply names and addresses to the Bureau for Child Support Enforcement for enforcement of support obligations; allowing collection of overpayments to support obligees from state tax refunds; clarifying the requirement that parties receive annual statements; requiring the Bureau for Child Support Enforcement to review all public assistance cases every three years; clarifying that attorneys for the Bureau for Child Support Enforcement may enter an administrative order to modify a child support obligation; providing for consistency of service of process; and making technical corrections"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 505 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9A-1-11a; and to amend and reenact §29-22-9a of said code, all relating to creating the Veterans Cemetery Fund for the construction and operation of veterans' cemeteries; and authorizing the appropriation of proceeds from the veterans instant lottery scratch-off game to the fund"; which was referred to the Committee on Finance.
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. 520 - A Bill to amend and reenact §8-13-13 of the Code of West Virginia, 1931, as amended, relating to authorizing municipalities to file liens for delinquent service fees; and requiring municipal ordinances to have assessment and collection procedures for the service fees"; which was referred to the Committee on Finance.
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
Com. Sub. for S. B. 524 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60A-4-413, relating to creating the offenses of manufacturing, selling or dispensing certain controlled substances which cause another person's death; and penalties"; which was referred to the Committee on the Judiciary.
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
Com. Sub. for S. B. 535 - "A Bill to amend and reenact §17B-4-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §17C-5-2 and §17C-5-7 of said code; to amend said code by adding thereto a new section, designated §17C-5-4a; and to amend and reenact §17C- 5A-1, §17C-5A-2, §17C-5A-3 and §17C-5A-3a of said code, all relating to modifications to administrative and criminal penalties for driving a motor vehicle under the influence of alcohol and/or drugs; reducing the administrative sanctions for driving a vehicle with a lawfully suspended or revoked license; removing the mandatory 24-hour incarceration for first offense driving under the influence; deleting a provision criminalizing the operation of a motor vehicle by habitual drug user; creating an aggravated offense of driving with a blood alcohol concentration of fifteen hundredths of one percent or more, by weight; requiring drivers involved in a motor vehicle crash that results in the death or serious bodily injury to another person to submit to a chemical test of their blood, breath or urine; permitting participation in the Motor Vehicle Alcohol Test and Lock Program for first offense driving under the influence; removing superfluous provisions related to children operating a motor vehicle under the influence of alcohol; permitting law-enforcement officers to submit an affidavit rather than attend the administrative hearing unless subpoenaed; providing incentives for participation in the Motor Vehicle Alcohol Test and Lock Program for first offense driving under the influence; providing enhanced administrative sanctions for persons operating a motor vehicle with a blood alcohol concentration of fifteen hundredths of one percent or more, by weight; making certain technical changes to administrative procedures; transferring primary authority of the Safety and Treatment Program to the Department of Health and Human Resources; providing for removal of the Driver's Rehabilitation Fund from the jurisdiction of the Division of Motor Vehicles and placing it under the jurisdiction of the Secretary of the Department of Health and Human Resources; providing that a person whose driver's license is revoked for refusing to take a secondary chemical test is not eligible to reduce the revocation period by completing the safety and treatment program; removing requirement that victim impact panels be implemented pursuant to legislative rules; reducing the minimum period of revocation for participation in the test and lock program; increasing minimum periods of participation in the ignition interlock device for aggravating offenses; and denying participation in the Motor Vehicle Alcohol Test and Lock Program for persons whose driver's license is revoked for driving under the influence of drugs"; which was referred to the Committee on the Judiciary then Finance.
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
Com. Sub. for S. B. 553 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5A-6A-1, §5A-6A-2, §5A-6A-3, §5A-6A-4, §5A-6A-5, §5A-6A-6, §5A-6A-7, §5A-6A-8, §5A-6A-9 and §5A-6A-10, all relating to Permitting and Licensing Information Act; authorizing the Governor's Office of Technology to establish a permitting and licensing information system; legislative findings; definitions; authority and duties of the office; duties of agencies to provide permitting and licensing information; provision for failure to provide permitting and licensing information; reporting requirements; rule-making authority; and limitation"; which was referred to the Committee on Government Organization then the Judiciary.
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
Com. Sub. for S. B. 556 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §24A-2A-1, §24A-2A-2, §24A-2A-3 and §24A-2A-4, all relating to the disposition of unlawfully parked vehicles by common carriers engaged in the business of towing, hauling or carrying wrecked or disabled vehicles and mobile homes; defining certain terms; providing for prior written authorization for the towing of motor vehicles without the consent of the owner or operator; providing for criminal background checks for operators of towing vehicles; providing the local law-enforcement agency with information regarding a vehicle that has been towed and stored; establishing procedures for redeeming a towed motor vehicle and the personal property in the towed motor vehicle; and directing the Public Service Commission to conduct a study of statutory law regarding the towing of vehicles and to provide findings and recommendations to the Legislature"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2008, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 559 - "A Bill to amend and reenact §29-22A-10 and §29-22A-10b of the Code of West Virginia, 1931, as amended, all relating to the net terminal income allocated to the Development Office Promotion Fund and the Cultural Facilities and Capitol Resources Matching Grant Program Fund"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2008, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 574 - "A Bill to amend and reenact §15-2-5 of the Code of West Virginia, 1931, as amended, relating to the compensation of the membership of the West Virginia State Police"; which was referred to the Committee on Finance.
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
Com. Sub. for S. B. 622 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2G-1, §5B-2G-2, §5B-2G-3, §5B-2G-4, §5B-2G-5, §5B-2G-6, §5B-2G-7, §5B-2G-8 and §5B-2G-9; and to amend and reenact §59-1-10 of said code, all relating generally to the Voluntary Rural and Outdoor Heritage Conservation Act; establishing Outdoor Heritage Conservation Fund; Board of Trustees created; funding of land conservation and issuance of bonds; and deed recording fee increase to go to Outdoor Heritage Conservation Fund, Farmland Protection Fund and clerk of county commission"; which was referred to the Committee on Finance.
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
Com. Sub. for S. B. 645 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5F-7, relating to exempting city and county hospitals subject to health care financial disclosure from the additional audit requirements for local government offices"; which was referred to the Committee on Finance.
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The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 650 - "A Bill to amend and reenact §16-5V-2, §16-5V-6, §16-5V-8, §16-5V-9, §16-5V-10, §16-5V-14, §16-5V-18, §16-5V-19, §16-5V-25 and §16-5V-32 of the Code of West Virginia, 1931, as amended, all relating to the Emergency Medical Services Retirement System; adding and modifying definitions; specifying that members hired after the effective date of this plan are members of the plan as a condition of employment; clarifying language relating to the participation of public employers in this plan; clarifying language relating to the transfer of Public Employees Retirement System service credit and reinstatement of service as an emergency medical services officer; specifying the date on which contributions are due the fund and providing for delinquency fees for late payments; clarifying language relating to purchase of prior service and providing for delinquency fees for late payments; making a correction to the heading in section ten of said article; eliminating minimum required eligible direct rollover distributions paid directly to an eligible retirement plan; allowing distributions totaling less than two hundred dollars within the definition of eligible rollover distribution; clarifying the language relating to the benefit awarded for a duty disability; adding provisions for the payment of additional death benefits; clarifying language relating to the effective date for receipt of a duty disability benefit; and making a correction to the time period for which the Joint Committee on Government and Finance shall conduct an interim study on the potential effects of the implementation of this plan"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2008, and requested the concurrence of the House of Delegates in the passage, of
S. B. 659 - "A Bill to amend and reenact §14-2A-3 and §14-2A-14 of the Code of West Virginia, 1931, as amended, all relating to crime victims' compensation; increasing the allowable expense for funerals, cremations and burials; and increasing the compensation to all claimants because of the death of the victim"; which was referred to the Committee on Finance.
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. 666 - "A Bill to amend and reenact §47-21-15 of the Code of West Virginia, 1931, as amended, relating to permitting a fraternal organization to use proceeds from charitable raffles in any manner consistent with its charter and not contrary to law"; which was referred to the Committee on Finance.
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
Com. Sub. for S. B. 676 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-11-5a; to amend said code by adding thereto a new section, designated §8-21-10a; to amend said code by adding thereto a new section, designated §19-25-8; and to amend said code by adding thereto a new section, designated §20-5-3a, all relating to limiting liability of the section of Parks and Recreation of the Division of Natural Resources, county parks and recreation commissions, boards of parks and recreation commissioners and owners of land used for public parks and recreation purposes under an agreement with any of the foregoing entities"; which was referred to the Committee on Government Organization then the Judiciary.
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
Com. Sub. for S. B. 677 - "A Bill to amend and reenact §20-2-58 of the Code of West Virginia, 1931, as amended, relating to modifying restrictions relating to shooting and discharging firearms near one's residence, parks and certain other public places"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 680 - "A Bill to repeal §11-23-5b of the Code of West Virginia, 1931, as amended; to amend and reenact §11-13S-4 of said code; to amend said code by adding thereto a new article, designated §11-13Y-1, §11-13Y-2, §11-13Y-3, §11-13Y-4, §11-13Y-5, §11-13Y-6, §11- 13Y-7, §11-13Y-8 and §11-13Y-9; to amend and reenact §11-23-5a of said code; to amend said code by adding thereto a new section, designated §11-23-17b; to amend and reenact §11-24-3a, §11-24-4, §11-24-7, §11-24-7b, §11-24-13a, §11-24-13c, §11-24-13d, §11-24-13f and §11-24-42 of said code; and to amend said code by adding thereto a new section, designated §11-24-3b, all relating to corporate net income tax and business franchise tax and combined reporting; specifying percentage of taxes subject to offset by manufacturing investment tax credit; West Virginia Financial Organizations Jobs Retention Act; providing definitions; providing for eligibility for tax credits; specifying creation of the tax credit; specifying amount of credit allowed; specifying application of annual credit allowance and schedule; specifying annual computation of the number of jobs held by qualified employees; specifying availability of credit to successors; specifying credit recapture, interest, penalties and additions to tax and statute of limitations; specifying effective date; specifying allocation and apportionment methods and rules; specifying application of certain tax credits; defining terms; specifying general meaning relating to the term 'tax haven'; specifying imposition of tax and rates; specifying reductions of corporation net income tax rate; specifying nullity for designated provisions; specifying removal of nullity for designated provisions; specifying apportionment rules for financial organizations; specifying treatment of insurance companies; specifying method of filing; specifying application of designated net operating losses; specifying treatment of designated dividends; mandating reporting on water's-edge unitary basis; specifying election to report based on worldwide unitary basis; specifying authority of Tax Commissioner to prescribe reporting basis; and specifying effective dates"; which was referred to the Committee on Finance.
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The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 681 - "A Bill to create the Beckley-Raleigh County Building Code Authority to oversee operations of the Beckley-Raleigh County Code Enforcement Department and to adopt and enforce the State Building Code for the city of Beckley and Raleigh County"; which was referred to the Committee on Government Organization then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2008, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 693 - "A Bill to amend and reenact §20-2-27 and §20-2-28 of the Code of West Virginia, 1931, as amended; and that said code be amended by adding thereto a new section, designated §20-2-42x, all relating to senior resident lifetime hunting, fishing and trapping license and fee of fifteen dollars; and allowing persons who are sixty-five years of age before the first day of January, two thousand nine, to remain exempt from the purchase of the license"; to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2008, and requested the concurrence of the House of Delegates in the passage, of
S. B. 696 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-3-1c, relating to the method of appraising certain affordable multifamily rental housing property for ad valorem property tax purposes"; which was referred to the Committee on Finance.
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. 706 - "A Bill to amend and reenact §22-6-20 of the Code of West Virginia, 1931, as amended; and to amend and reenact §22-21-14 of said code, all relating to clarifying the procedures for the placement of a liner through mined-out coal horizons"; which was referred to the Committee on the Judiciary.
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The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 712 - "A Bill to amend and reenact §22-21-5 of the Code of West Virginia, 1931, as amended, relating to authorizing the Coalbed Methane Review Board to propose legislative"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2008, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 715 - "A Bill to amend and reenact §5-16-2 of the Code of West Virginia, 1931, as amended, relating to the participation in the Public Employees Insurance Agency of certain retired employees; mandatory participation in Retiree Health Benefit Trust Fund; requiring written certification from nonstate employers who opt out of the other post-employment benefits plan of the fund; and providing that agency is not liable to provide benefit where employer opted out
rules"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2008, and requested the concurrence of the House of Delegates in the passage, of
S. B. 735 - "A Bill to amend and reenact §11-13A-5a of the Code of West Virginia, 1931, as amended, relating to dedicating a portion of revenue generated from severance taxes for the benefit of counties and municipalities; creating fund; and providing permissible uses for fund"; which was referred to the Committee on Finance.
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
Com. Sub. for S. B. 736 - "A Bill to amend and reenact §37-1-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §44A-1-8 of said code; and to amend and reenact §44A-3-5 of said code, all relating generally to persons under legal disability, including protected persons; clarifying the sale of real estate for persons under legal disability, including protected persons; clarifying when a conservator appointment is exempted; and making technical corrections"; which was referred to the Committee on the Judiciary.
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The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 740 - "A Bill to reform the county commission of Berkeley County under the provisions of section thirteen, article IX of the Constitution of West Virginia"; which was referred to the Committee on the Judiciary.
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The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 746 - "A Bill to amend and reenact §22-15A-2 and §22-15A-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto six new sections, designated §22-15A-24, §22-15A-25, §22-15A-26, §22-15A-27, §22-15A-28 and §22-15A- 29, all relating to implementing a takeback program for certain electronic devices with manufacturers; providing incentives for recycling certain electronics; providing an opportunity for counties and municipalities to increase recycling efforts; establishing a registration program for manufacturers of certain electronic goods; assessing registration fees; authorizing civil and administrative penalties; and requiring rulemaking"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 751- "A Bill to amend and reenact §22-3-11 of the Code of West Virginia, 1931, as amended, relating generally to the special reclamation tax; continuing the Special Reclamation Fund; establishing the Special Reclamation Water Trust Fund; continuing and reimposing a tax on clean coal mined for deposit into both funds; providing for the investment of moneys thereby deposited; requiring the secretary to look at alternative programs; and authorizing secretary to promulgate legislative rules implementing the alternative programs"; which was referred to the Committee on Finance.
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
Com. Sub. for S. B. 770 - "A Bill to amend and reenact §22-15-11 of the Code of West Virginia, 1931, as amended; to amend and reenact §22-15A-19 of said code; to amend and reenact §22-16-4 of said code; and to amend and reenact §22C-4-30 of said code, all relating generally to reduction of solid waste assessment fees; providing a method for determining effective date of the fee reductions; authorizing reduction in tariffs after assessment fees reduced; providing for reduction in solid waste disposal costs; and deleting obsolete language"; which was referred to the Committee on Finance.
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. 777 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-1-9, relating generally to additional powers of governing boards of Marshall University and West Virginia University; authorizing conveyance of real property or any interest therein from governing board to a real estate foundation; providing definition of "property"; providing for creation of real estate foundation and terms thereof; prohibiting members of board of governors from serving as director, officer or trustee of foundation; limiting number of state employees who may serve as director, officer or trustee of foundation; providing for conveyance of property to and by foundation; requiring affirmative determination by the governing board that no state funds were used in acquiring property to be conveyed; exempting conveyance of property to or by a real estate foundation from certain provisions of law; designating sale proceeds and foundation income as private foundation money; specifying foundation purposes; and requiring annual report to Joint Committee on Government and Finance"; which was referred to the Committee on Education then Finance.
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
Com. Sub. for S. B. 778 - "A Bill to amend and reenact §9A-1-10 of the Code of West Virginia, 1931, as amended, relating to describing the powers and duties of the director; providing for the hiring of case managers and counselors; providing for a program to advise veterans of available benefits and services; and developing an internet website"; which was referred to the Committee on Finance.
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
Com. Sub. for S. B. 781 - "A Bill to amend and reenact §38-5A-4 and §38-5A-5 of the Code of West Virginia, 1931, as amended; to amend and reenact §38-5B-4 of said code; and to amend and reenact §59-1-11 of said code, all relating to service of suggestee execution and notice; and clarifying certain fees assessed by circuit clerks"; which was referred to the Committee on the Judiciary.
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. 783 - "A Bill to amend and reenact §7-22-3, §7-22-5, §7-22-7 and §7-22-16 of the Code of West Virginia, 1931, as amended, all relating to modifying the County Economic Opportunity Development Act to promote development of municipal areas which are unusable without extraordinary expenditures"; which was referred to the Committee on Finance.
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. 786 - "A Bill to amend and reenact §5A-10-2, §5A-10-3, §5A-10-5 and §5A- 10-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §5A-10-12, all relating to the Real Estate Division of the Department of Administration and the powers and duties of acquiring real property, contracting for third-party real estate services and billing spending units for the actual costs of third-party services; making certain exceptions; excepting the deposit of revenues derived from wireless communication tower leases on property subject to a pledge of its revenues in connection with a bond issue into the General Revenue Fund; and creating a special revenue fund for the acquisition of real property and payment of associated costs"; which was referred to the Committee on Finance.
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. 787 - "A Bill to amend and reenact §17A-1-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §17A-3-4 and §17A-3-7 of said code; to amend and reenact §17A- 3A-2 and §17A-3A-3 of said code; to amend and reenact §17A-4-3 of said code; and to amend said code by adding thereto a new section, designated §17A-10-1a, all relating to registering and operation of mini-trucks; and defining terms"; which was referred to the Committee on Roads and Transportation then Finance.
Special Calendar
Third Reading
H. B. 4568, Requiring accident and sickness insurance providers and HMO's to cover the treatment of Lyme disease; on third reading, coming up in regular order, was, on motion of Delegate DeLong, laid upon the table.
Second Reading
Com. Sub. for S. B. 704, Regulating viatical life insurance settlements; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Remarks by Members
Delegate Barker asked and obtained unanimous consent that the remarks of Delegate Hrutkay regarding the passage of Com. Sub. for S. B. 145 be printed in the Appendix to the Journal.
Miscellaneous Business
Delegate Doyle announced that he was absent on today when the votes were taken on Roll No. 239 , and that had he been present, he would have voted "Yea" thereon.
At 11:52 a.m., on motion of Delegate DeLong, the House of Delegates recessed until 5:00 p.m., and reconvened at that time.
* * * * * * * *
Evening Session
* * * * * * * *
At the request of Delegate Caputo, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.
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. 507, Clarifying voting procedures,
And reports the same back, with a title amendment, with the recommendation that it do pass, as amended.
On motion for leave, a resolution was introduced (Originating in the Committee on Industry and Labor, Economic Development and Small Business and reported with the recommendation that it be adopted), which was read by its title, as follows:
By Delegates Tucker, Pethtel, Browning, Guthrie, Hartman, Kessler, Klempa, Marshall, Martin, Palumbo, Stephens, Cowles, Hamilton, Miller and Sobonya:

H. C. R. 77 - "Requesting the Joint Committee on Government and Finance study the administration and enforcement of oil and gas wells relating to the rights and responsibilities of surface owners and operators."
Whereas, From 1994 to 2000, an average of 842 oil and gas drilling "well work" permits were issued in West Virginia. Between, 2001 to 2004, the average increased to 1,272 permits a year. In 2005, the Office of Oil and Gas of the Department of Environmental Protection issued 2,660 permits and, in 2006, the agency issued 3052 permits, a record, with the high volume of drilling continuing to the present; and
Whereas, The review and issuance of oil and gas well drilling permits together with the enforcement of the down-hole drilling requirements for protecting groundwater and other underground resources, as well as the requirements for enforcement of the reclamation of well sites, access roads and other surface uses, is all carried out primarily by the Office of Oil and Gas of the Department of Environmental Protection; and
Whereas, The Office of Oil and Gas has only 14 inspectors to review the numerous permit applications and oversee all of this drilling activity arising from the thousands of permits, and the same inspectors are also responsible for more than 40,000 active oil and gas wells and 25,000 inactive oil and gas wells; and
Whereas, A properly staffed Office of Oil and Gas is essential for the protection of the interests of the public, the surface owners and operators; and
Whereas, Issues arising from the goal to encourage oil and gas drilling as well as ensuring that the rights of surface owners are protected and the responsibilities of the operators in regard to surface disturbance and reclamation are properly enforced, and
Whereas, Surface owners should have a timely and meaningful opportunity for involvement in the location of well sites and their supporting activities, in the oil and gas application process, in the reclamation of the disturbed land and proper compensation for damage caused by the drilling operations, all of which must be balanced with the rights of operators to properly drill for and transmit oil and gas in a competitive economic environment, and
Whereas, Surface owners and operators have voiced their concerns that their interests and the interests of the public are not adequately addressed by the current state of the law, procedures and statutes or by the State's current ability to carry out its duties; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the existing law and regulation of oil and gas drilling by the State of West Virginia regarding the balance of existing rights between surface owners and operators and what mechanisms now exist or can be enacted in law so that the rights of both parties and the public are recognized; and, be it
Further Resolved, That the Joint Committee on Government and Finance is hereby requested to study the existing law and regulation of oil and gas drilling by the State of West Virginia and whether the law should be updated or otherwise changed to improve protection of the public interest and the varying interests of the individual surface owners and operators and has the authority to draft necessary legislation which addresses the various issues and the rights of the public and all the parties and, be it
Further Resolved, That the Joint Committee on Government and Finance is hereby requested to study the feasibility of requiring free, wholesale or retail gas for surface owners upon whose land well sites and access roads are or have been placed; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2009, on their findings, conclusions and recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare reports and to draft legislation, if necessary, be paid from legislative appropriations to the Joint Committee on Government and Finance.
The Speaker referred the resolution (H. C. R. 77) to the Committee on Rules.
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. 495, Requiring certain poll worker training,
Com. Sub. for S. B. 496, Protecting voter registration information,
Com. Sub. for S. B. 514, Permitting electronic mail absentee voting,
Com. Sub. for S. B. 580, Authorizing magistrate courts to accept unsigned citation payments,
And,
Com. Sub. for S. B. 619, Defining certain external defibrillators' user terms,
And reports the same back with the recommendation that they each do pass.
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, Relating to school employees' donated personal leave days,
And,
Com. Sub. for S. B. 564, Relating to higher education tuition and fee waivers,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bills (S. B. 165 and Com. Sub. for S. B. 564) were each referred to the Committee on 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. 493, Granting emergency election powers to Secretary of State,
And,
Com. Sub. for S. B. 494, Providing voter verification through electronic poll book,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended, and with the recommendation that second reference of the bills to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bills (Com. Sub. for S. B. 493 and Com. Sub. for S. B. 494) to the Committee on Finance was abrogated.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
S. B. 512, Increasing number of Records Management and Preservation Board members,
And reports the same back with the recommendation that it do pass.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
Com. Sub. for S. B. 519, Extending Hazardous Waste Material Management Fee Fund sunset provision,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
Com. Sub. for S. B. 579, Appointing additional nonresident members to Bluefield's sanitary board,
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 (Com. Sub. for S. B. 579) to the Committee on Finance was abrogated.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
S. B. 101, Exempting nonprofit companies providing electricity from property tax,
Com. Sub. for S. B. 505, Creating Veterans Cemetery Fund from lottery proceeds,
And,
S. B. 654, Finding and declaring certain claims against state,
And reports the same back with the recommendation that they each do pass.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 64 - "Commending and supporting the Consortium for Internationalizing Higher Education in West Virginia and institutions of public and post-secondary education."
Whereas, International education is a crucial component of higher education in West Virginia which contributes to the economy of the State and to a diverse education environment and enhances both academic and co-curricular programs; and
Whereas, The economy of West Virginia is inextricably tied to the rest of the world and economic development depends upon a deliberate strategic development plan that includes recognition of the role of international education in all its facets. Tourism and foreign trade are key sectors for strengthening West Virginia's economic future and it is critical that this state promote mutual understanding between West Virginians and citizens of other countries through international education programs at its colleges and universities; and
Whereas, The Legislature recognizes the need to increase access to study-abroad programs that served more than seven hundred West Virginia post-secondary students in 2006-07 as well as the economic significance of more than 2500 international students enrolled at West Virginia institutions of higher education who provide an economic gain estimated at over forty-six million dollars; and
Whereas, West Virginia has the lowest number per capita of foreign born citizens of any other state in the nation, education institutions in West Virginia must rise to the challenge of providing all students with the opportunity to acquire the inter-cultural skills to interact effectively within a global environment; and
Whereas, International education includes curricular offerings that teach foreign languages, address global issues, provide in-depth understanding of other cultures, utilizes citizens of other countries in formal and informal settings as teaching resources, and recognizes that the development of new knowledge, the best research and technological breakthroughs require international collaboration; and
Whereas, Promoting international education for West Virginia's students and citizens and ensuring access to internationalized curricula and co-curricula are important components of a program to promote students' global literacy, cross-cultural awareness and understanding, and to meet the global challenges facing the state and the nation, including our national security, foreign policy, economic competitiveness and capacity for tolerance; and
Whereas, the policies and programs initiated today to make the international experience integral to higher education determine if society will have a globally literate citizenry prepared to respond to the demands of the 21st century; therefore be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby commends and supports the Consortium for Internationalizing Higher Education in West Virginia and institutions of public and post-secondary education; and, be it
Further Resolved, That the Legislature recognizes and commends the Higher Education Policy Commission (HEPC) which established the Consortium in 2006 and which provides institutional development and award grants to state universities to help internationalize their majors, core curricula and foreign language programs to prepare West Virginia students better for global competency; and, be it
Further Resolved, That the Legislature also acknowledges contributions to the internationalization of higher education in West Virginia by the Governor's Commission on International Education for internationalizing education institutions at both the K-12 and higher education levels, and the State Board of Education which has become a national leader in the Partnership for 21^st Century Skills, an initiative which has a strong global awareness component; and, be it
Further Resolved, That the Legislature recognizes the impact of West Virginia EPSCoR which makes International Innovation grant awards to promote international collaboration among scientific researchers; the Cyrus Vance Awards which continue to draw attention to the outstanding work done by many educators in every part of the state to promote international education; and the Faculty and Course Development in International Studies (FACDIS), an association of more than 375 faculty members specializing in international studies and foreign languages who represent more than fifteen different disciplines; and, be it
Further Resolved, That West Virginia's colleges and universities are commended for their work and are encouraged to develop courses of study in as many fields as possible to increase students' understanding of global issues and cultural differences and further to develop courses in foreign languages to prepare students to seek careers in a global marketplace and enhance their understanding of other nations' values; and, be it
Further Resolved, That colleges and universities are encouraged to provide opportunities for students in all majors to participate in programs to study abroad to enrich their academic training, inter-cultural perspectives and personal development; and, be it
Further Resolved, That colleges and universities provide opportunities for domestic and international students to interact effectively and routinely to share their views, perceptions and experiences and develop innovative public education forums and venues to explore global issues and showcase world cultures; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Chancellor of the West Virginia Higher Education Policy Commission, the Chancellor of the West Virginia Council for Community and Technical College Education, the President of the West Virginia Independent Colleges and Universities, Inc., and to the president of each of West Virginia's independent and public colleges and universities.
Leaves of Absence
At the request of Delegate Caputo, and by unanimous consent, leaves of absence for the day were granted Delegates Craig and Longstreth.
At 5:08 p.m., the House of Delegates adjourned until 11:00 a.m., Friday, February 29, 2008.