__________*__________




Wednesday, March 5, 2008

FIFTY-SEVENTH 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 Tuesday, March 4, 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 applicable provisions of House Rule 136, relating to privileges of the floor, were suspended for the day to extend privileges of the floor to invited guests for a presentation by the House.
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 resolutions.
Resolutions Introduced

Delegates Webster, Stemple, Tabb, Ellem, Azinger, Brown, Burdiss, Crosier, Guthrie, Hatfield, Higgins, Hrutkay, Iaquinta, Kessler, Long, Longstreth, Marshall, Moore, Palumbo, Pino, Proudfoot, Reynolds, Schadler, Shaver, Shook, Spencer, Walters, Wells and Wysong offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 86 - "Requesting the Joint Committee on Government and Finance to study the responsibilities and duties of the county clerks of West Virginia, and the propriety of shifting certain such responsibilities and duties to other entities or agencies."
Whereas, The county clerks of West Virginia provide a wide array of services to the citizens of their counties and of West Virginia, encompassing a broad spectrum of responsibilities and duties; and
Whereas, In certain circumstances, these services could be provided by the county clerks in a more efficient and effective manner; and
Whereas, In certain other circumstances, these services could be provided by other agencies or entities besides the county clerks in a more efficient and effective manner; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the responsibilities and duties of the county clerks of West Virginia, specifically including their responsibilities and duties in connection with the handling of tax liens on properties sold to individuals, including property redemption and issuance of deeds; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, two thousand nine, on its findings, conclusions and recommendations together with drafts of 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.
Delegate Iaquinta offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 98 - "Urging the United States Congress declare December 7th a national holiday."
Whereas, The attack on Pearl Harbor on December 7, 1941, which brought the United States into World War II, was truly a day of "infamy" as declared by President Delano Roosevelt and which resulted in more that sixteen million Americans and two hundred thirty-three thousand nine hundred eighty-five thousand West Virginians taking part in the war which lasted from December 7, 1941 to September 5, 1945 to preserve the way of life of all Americans as a free people; and
Whereas, In addition to Americans in all of the states rallying to war, West Virginia patriots rallied to the war in numbers greater per capita than any other state and this resulted in many West Virginia fathers, mothers, husbands, wives, sons, daughters, uncles, aunts, and cousins giving their lives or suffering severe injuries or hardships; and
Whereas, All Americans should recognize and honor the veterans and their families who contributed to the victorious end of World War II and designating December 7, 1941 as a national holiday would pay honor to all their sacrifices and allow them to be remembered and keep alive their being recognized as being the "Greatest Generation;" therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges the United States Congress to declare December 7, 1941 a national holiday; and be it
Further Resolved, That the Legislature expresses great thanks to those veterans who sacrificed and risked their lives to serve their county for the preservation of our freedoms; and be it
Further Resolved, The Clerk of the House of Delegates forward a copy of this resolution to the members of the West Virginia delegation to the United States Congress.
Delegates Boggs, Reynolds, Brown, Fragale, Craig, Campbell, Evans, Walters and Guthrie offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 100 - "Requesting the Committees on Finance of both houses of the Legislature jointly conduct a detailed study of the reimbursement rate structures and rate adjustment processes for private providers paid by the Department of Health and Human Resources."
Whereas, The Department of Health and Human Resources relies upon and contracts with private providers to provide many mandated services to the citizens of the State of West Virginia; and
Whereas, The Department of Health and Human Resources has total and absolute control and authority to establish the rates it pays to private providers for the provision of these services; and
Whereas, There is widespread inconsistency in how the Department of Health and Human Resources establishes rates for various types of providers in various programs. Some providers, such as hospitals and nursing homes, have their reimbursement rates reviewed and adjusted annually. Providers in other programs have gone as long as fourteen years without having a reimbursement rate adjustment; and
Whereas, The cost of doing business for providers increases from year to year based upon the consumer price index (for January 2008 the rate was 4.28%) and the United States Department of Labor employee cost index; and
Whereas, Stagnate reimbursement rates make it difficult for private providers to compete for and retain high quality staff; and
Whereas, Adequate reimbursement rates are required in order to insure that private providers are able to provide quality care and services to the citizens of this state; and
Whereas, The provision of high quality and effective community based services prevents the increased utilization of more costly institutionally based services, thereby resulting in an overall savings to the state; and
Whereas, It is in the public interest for the Legislature to explore alternative structures and processes for reviewing and adjusting reimbursement rates paid by the Department of Health and Human Resources to private providers; therefore, be it
Resolved by the Legislature of West Virginia:
That the Committees on Finance of both houses of the Legislature jointly conduct a detailed study of the reimbursement rate structures and rate adjustment processes for private providers paid by the Department of Health and Human Resources. The study shall examine all rates paid to all types of providers including, but not limited to, residential care providers, foster parents, developmental disability service providers and comprehensive community mental health centers. The study will also examine the feasibility of establishing an annual rate review process within the Department of Health and Human Resources which may include a mechanism for implementing annual cost of living increases; and, be it
Further Resolved, That the Committees on Finance jointly report back to the Legislature no later than the first day of January, 2009 with a report and recommendations concerning their findings so that the Legislature may promptly act upon the commencement of the 2009 regular session of the West Virginia Legislature, should the Legislature determine that it is appropriate to do so in light of the report and recommendations of the Committees on Finance.
Delegates J. Miller, Anderson, Andes, Argento, Armstead, Ashley, Azinger, Barker, Beach, Blair, Border, Brown, Browning, Campbell, Canterbury, Caputo, Carmichael, Cowles, Crosier, DeLong, Doyle, Duke, Eldridge, Ellem, Ellis, Evans, Fleischauer, Fragale, Frederick, Gall, Guthrie, Hartman, Higgins, Hrutkay, Iaquinta, Ireland, Kessler, Klempa, Kominar, Lane, Long, Longstreth, Mahan, Manchin, Martin, Michael, Miley, C. Miller, Moore, Moye, Overington, Palumbo, Paxton, Perry, Pethtel, Pino, D. Poling, Porter, Proudfoot, Reynolds, Rodighiero, Romine, Rowan, Schadler, Schoen, Shaver, Shook, Sobonya, Spencer, Stalnaker, Stemple, Stephens, Sumner, Swartzmiller, Tabb, Talbott, Mr. Speaker, Mr. Thompson, Tucker, Varner, Walters, Webster, Wells, White, Williams, Wysong and Yost offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 102 - "Requesting the Joint Committee on Government and Finance to study the feasibility of providing a deduction from personal income tax for amounts paid for health insurance plans not backed by an employer or the government."
Whereas, Health care is a key component to the well-being of West Virginia citizens and families, and therefore providing access to health care is of the utmost importance; and
Whereas, The likelihood of being covered by health insurance rises with income; and
Whereas, In 2006, among states, West Virginia had one of the lowest median household incomes; and
Whereas, The cost of individual health insurance coverage represents a substantial monthly financial obligation for those people or families purchasing such insurance; and
Whereas, From the years 2004 through 2006, the average percentage of West Virginia citizens without health insurance coverage was 15.5%; and
Whereas, Health care costs are rising at a rate of three times the rate of inflation and at a rate of two times the rate of wage growth; and
Whereas, It is important that every citizen of West Virginia be protected from high or unexpected health care expenses; and
Whereas, It is essential that all West Virginians have access to high-quality health care insurance; 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 a deduction from personal income tax for amounts paid for health insurance plans not backed by an employer or the government; 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 expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegates Wysong, Doyle and Tabb offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 103 - "Requesting that an approximately five mile section of the new four-lane State Route 9, in Jefferson County, beginning at the intersection of State Route 9 and Leetown Road (County Route 1) and ending at the intersection of State Route 9 and Currie Lane (County Route 9/1), be named 'The Frank Woodruff Buckles Freeway'."
Whereas, Frank Woodruff Buckles, at the age of 107, is the only World War I veteran living in the United States; and
Whereas, At an age too young to enlist, Buckles did so because he believed that "everyone was conscious of the fact that the world was involved"; and
Whereas, He served two years overseas as an ambulance driver and escort; and
Whereas, He was later captured as a civilian by the Japanese during World War II, at which time he fought starvation for more than three years in prison camps until he was liberated on February 23, 1945; and
Whereas, Frank Woodruff Buckles' life exemplifies the West Virginia motto "Mountaineers Are Always Free"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the approximately five mile section of the new four-lane State Route 9, in Jefferson County, beginning at the intersection of State Route 9 and Leetown Road (County Route 1) and ending at the intersection of State Route 9 and Currie Lane (County Route 9/1), "The Frank Woodruff Buckles Freeway"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to cause to be fabricated signs to be erected at each entryway of said roadway, containing bold and prominent letters proclaiming the roadway to be "The Frank Woodruff Buckles Freeway"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways and Frank's daughter, Susannah. Delegates Wysong, Argento, Campbell, Fragale, Guthrie, Hatfield, Marshall, Moye, Perdue, Pethtel, D. Poling, Spencer, Stephens, Tabb and Wells offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 104 - "Requesting that the Joint Committee on Government and Finance authorize the study of the feasibility of establishing a Silver Alert notification network for missing elderly citizens in West Virginia."
Whereas, Many elderly persons reach a point where they are no longer able to care for themselves outside of their home or nursing home; and
Whereas, If a confused elderly person wanders off, they often are incapable of finding their way back home and may end up seriously ill or dead before being located; and
  Whereas, Prompt public notice of a missing person increases the likelihood that the person will be found in time to avoid serious harm or death; and
Whereas, There are more than 5 million people in the United States living with Alzheimer's Disease; and
Whereas, In 2000, 83,000 West Virginians suffered from Alzheimer's Disease. That number is expected to increase by 33% by 2010; and
Whereas, Six in 10 people suffering from Alzheimer's Disease or other forms of dementia will wander off at least once; and
Whereas, The Silver Alert was designed to quickly determine descriptive information about a missing adult, so that citizens in the affected area can be on the lookout for the endangered person and notify local law enforcement with any relevant information; and
Whereas, A Silver Alert notification network has the potential to bring peace of mind to thousands of West Virginia families whose loved ones suffer from conditions affecting memory or brain function; 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 feasibility of establishing a Silver Alert notification network for missing elderly citizens in 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.
Delegates White and Kominar offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 105 - "Requesting the Division of Highways name the Gilbert Creek bridge number 30-13-0.01 (3590) on Route 13 in Mingo County the 'Elmer and May Cline Memorial Bridge'."
Whereas, Elmer and May Cline were lifelong residents of Gilbert, Mingo County; and
Whereas, The town of Gilbert was a significant trade area for local residents; and
Whereas, Elmer and May Cline owned and operated a country store in Gilbert most of their adult lives; and
Whereas, Elmer and May Cline were revered by the community for their integrity and the contributions they made to the vitality of the town of Gilbert; and
Whereas, It is fitting that this bridge be named for Elmer and May Cline who represented the best qualities of citizens in this state by their industry, citizenship and dedication to meeting the needs of friends, neighbors and patrons at their country store; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the Gilbert Creek bridge number 30-13-0.01 (3590) on Route 13 in Mingo County the "Elmer and May Cline Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways have made and be placed signs identifying bridge number 30-13-0.01 (3590) as the "Elmer and May Cline Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation, the mayor of the town of Gilbert, and the surviving family members of Elmer and May Cline.
Delegates Armstead, Brown, Guthrie, Hatfield, Higgins, Lane, Palumbo, Spencer, Walters, Webster and Wells offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 106 - "Requesting that the bridge located on Route 119 at milepost 13.77 at Davis Creek in Kanawha County, be named the 'Captain Benjamin David Tiffner Memorial Bridge'."
Whereas, Benjamin David Tiffner always wanted to join the military and at the age of 19 he enrolled at the United States Military Academy at West Point and graduated in 2000; and
Whereas, After Infantry Officer's Basic Course, Airborne School and Ranger School, he was assigned to the 1st Battalion, 23rd Infantry Regiment, at Fort Lewis, Washington, and served as an infantry platoon leader, reconnaissance platoon leader, and company executive officer; and
Whereas, Captain Tiffner served in Iraq from November 2003 to March 2004 and he returned to Iraq for his second tour of duty in 2006 after earning his Green Beret; and
Whereas, Benjamin David Tiffner tragically lost his life in Baghdad, Iraq, on November 7, 2007, when his vehicle was struck by an improvised explosive device while conducting a combat operation; and
Whereas, At the time of his death, Captain Tiffner was a Special Forces Operational Detachment Alpha team leader assigned to Company C, 1st Battalion, 5th Special Forces Group (Airborne) and while three of Captain Tiffner's team members were injured, no one else was killed in the attack; and
Whereas, Captain Tiffner's awards and decorations included the Purple Heart, Bronze Star, Meritorious Service Medal, Army Commendation Medal (2OLC), Army Achievement Medal, National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Iraq Campaign Medal, Global War on Terrorism Service Medal, Army Service Ribbon, Combat Infantryman Badge, Expert Infantryman Badge, Parachutist Badge, Ranger Tab, and the Special Forces Tab; and
Whereas, It is fitting that this bridge be named for Captain Benjamin David Tiffner to honor his life and his faithful and courageous service to his country; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the bridge located on Route 119 at milepost 13.77 at Davis Creek in Kanawha County the "Captain Benjamin David Tiffner Memorial Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to cause to be fabricated signs to be erected at each entry of said bridge, containing bold and prominent letters proclaiming the bridge to be the "Captain Benjamin David Tiffner Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward certified copies of this resolution to the Commissioner of the Division of Highways and members of Captain Benjamin David Tiffner's family.
Delegates Boggs, Anderson, Argento, Azinger, Barker, Beach, Browning, Burdiss, Campbell, Cann, Canterbury, Caputo, Cowles, Craig, Crosier, DeLong, Doyle, Duke, Ellis, Ennis, Evans, Frederick, Gall, Guthrie, Hamilton, Hartman, Hatfield, Higgins, Hrutkay, Hutchins, Iaquinta, Ireland, Kessler, Klempa, Kominar, Lane, Long, Longstreth, Marshall, Martin, Miley, J. Miller, Morgan, Moye, Paxton, Perdue, Perry, Pethtel, Pino, D. Poling, M. Poling, Proudfoot, Reynolds, Rodighiero, Romine, Rowan, Shaver, Sobonya, Spencer, Staggers, Stalnaker, Stemple, Stephens, Sumner, Swartzmiller, Tabb, Talbott, Tansill, Tucker, Varner, Walters, Webster, Wells, Williams, Wysong and Yost offered the following resolution, which was read by the Clerk:
H. R. 35 - "Recognizing the public service of the AARP."
Whereas, Volunteering by sharing time and talent has been described as the art of caring and doing and makes a difference in the lives of others; and
Whereas, Many volunteers in West Virginia are members and volunteers of the AARP; and
Whereas, AARP West Virginia is a nonprofit, nonpartisan membership organization representing over 300,000 West Virginians and 37 million individuals nationwide who are 50 years of age or older; and
Whereas, AARP is dedicated to enhancing the quality of life, bringing positive social changes and delivering value to members through information, advocacy and service; and
Whereas, With more than thirty local chapters, AARP West Virginia strengthens communities, neighborhood by neighborhood, each day in our State; and
Whereas, AARP members, volunteers and chapters make a special effort to assist communities through group projects or individual acts of kindness for those in need in the Mountain State; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby recognizes the public service of the AARP and the members of the AARP Capitol Advocacy Team; and, be it
Further Resolved, That the House of Delegates extends its sincere appreciation to AARP West Virginia for its many contributions to the State of West Virginia; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the appropriate representatives of AARP West Virginia.
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the resolution (H. R. 35) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Mr. Speaker, Mr. Thompson, and Delegates Martin and Paxton offered the following resolution, which was read by the Clerk:
H. R. 36 - "Commemorating the passing of Jerry Keith Kelley, gentleman, soldier, public servant and a great asset to his community, state and country."
Whereas, Jerry Keith Kelley was an outstanding citizen of West Virginia, graduating from Marshall University, the West Virginia College of Graduate Studies and the Graduate School of Banking of the South; and
Whereas, Following his education, Mr. Kelley chose multiple rewarding careers with Fruth Pharmacy, the First Huntington National Bank, United National Bank, Kanawha Banking and Trust, the West Virginia Workers Compensation Fund and the West Virginia Civil Service Commission; and
Whereas, Mr. Kelley served with honor in the United States Army; and
Whereas, Mr. Kelley was active in the community where he lived and served in many leadership posts and roles including: Chairman of the Putnam Public Service District, Chairman of the Board for Charleston Area Medical Center Teays Valley and was a member of Saint Patrick's Catholic Church in Bancroft; and
Whereas, Mr. Kelley ably served his state as a member of the West Virginia House of Delegates from 1995 to 2001; and
Whereas, The passing of Jerry Keith Kelley should not go unnoticed; therefore, be it
Resolved by the House of Delegates:
That regret is hereby expressed by the members at the passing on of one of their own former members, Jerry Keith Kelley, businessman, public servant, soldier and beloved gentleman whose varied interests touched many lives; a man who loved his family, his country and his beloved Putnam County and West Virginia; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the family of Jerry Keith Kelley who have suffered a great loss, including his beloved wife, Joyce Murphy Kelley, and his father, Earl K. Kelley; as well as to the Commissioner of the West Virginia Civil Service Commission, the Commissioner of the West Virginia Workers' Compensation Fund, the chairman of the Putnam Public Service District and the chairman of the Charleston Area Medical Center Teays Valley.
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the resolution (H. R. 36) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Committee Reports

Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
H. C. R. 56, Encouraging assistance from private employers in an effort to increase poll workers participants in West Virginia,
H. C. R. 84, Requesting that the Joint Committee on Government and Finance authorize the study to improve the state's efforts to better promote the availability of safe drinking water projects funding,
H. C. R. 99, Requesting the Joint Committee on Government and Finance to make a study on a funding mechanism to increase the salaries of teachers and school service personnel,
H. R. 33, Requesting the Speaker of the House of Delegates to continue and reappoint the Select Committee on Senior Citizen Issues beyond the 78th Legislature,
And,
H. R. 34, Urging the West Virginia Bureau of Senior Services to allow only county aging programs to administer the Lighthouse program,
And reports the same back with the recommendation that they each be adopted.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
Com. Sub. for S. B. 265, Creating Special Aircraft Property Valuation Act,
And,
S. B. 574, Increasing State Police compensation,
And reports the same back with the recommendation that they each do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
Com. Sub. for S. B. 332, Creating Refund Anticipation Loan Disclosure Act,
Com. Sub. for S. B. 474, Creating limited sales tax holiday for certain Energy Star appliance purchases,
Com. Sub. for S. B. 501, Transferring Stream Partners Fund from Division of Natural Resources to Department of Environmental Protection,
Com. Sub. for S. B. 564, Relating to higher education tuition and fee waivers,
And,
Com. Sub. for S. B. 650, Relating to Emergency Medical Services Retirement System,
And reports the same back, with amendment, with the recommendation they each do pass, as amended.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 291, Appointing additional circuit court judge to Pendleton, Hardy, Hampshire, Mercer and Wayne counties,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 291) was 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. 590, Protecting health care workers,
And reports the same back, with a title amendment, with the recommendation that it do pass, as amended.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
S. B. 653, Permitting internet sales of life, accident and sickness insurance,
And,
Com. Sub. for S. B. 781, Relating to service of suggestee execution and notice,
And reports the same back with the recommendation that they each do pass.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 417, Authorizing Department of Revenue promulgate legislative rules,
Com. Sub. for S. B. 736, Relating to real property sales of persons under legal disability,
Com. Sub. for S. B. 746, Establishing recycling recovery program for electronics,
S. B. 780, Relating to Public Employees Grievance Procedure,
And,
S. B. 784, Relating to reforming, altering or modifying county government,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended.
Chairman Poling, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
S. B. 595, Establishing education goals and objectives for 2020,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (S. B. 595) to the Committee on Finance was abrogated.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 535, Modifying certain penalties for DUI,
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. 535) 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. 499, Eliminating timber severance tax,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 556, Relating to towing unlawfully parked vehicles,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
At the respective requests of Delegate DeLong, and by unanimous consent, the bills received on committee reports which were not referred to a second committee in earlier proceedings were taken up for further consideration, each read a first time and ordered to second reading, as follows:
Com. Sub. for S. B. 265, Creating Special Aircraft Property Valuation Act,
S. B. 574, Increasing State Police compensation,
Com. Sub. for S. B. 332, Creating Refund Anticipation Loan Disclosure Act,
Com. Sub. for S. B. 474, Creating limited sales tax holiday for certain Energy Star appliance purchases,
Com. Sub. for S. B. 501, Transferring Stream Partners Fund from Division of Natural Resources to Department of Environmental Protection,
Com. Sub. for S. B. 564, Relating to higher education tuition and fee waivers,
Com. Sub. for S. B. 650, Relating to Emergency Medical Services Retirement System,
Com. Sub. for S. B. 590, Protecting health care workers,
S. B. 653, Permitting internet sales of life, accident and sickness insurance,
Com. Sub. for S. B. 781, Relating to service of suggestee execution and notice,
Com. Sub. for S. B. 417, Authorizing Department of Revenue promulgate legislative rules,
Com. Sub. for S. B. 736, Relating to real property sales of persons under legal disability,
Com. Sub. for S. B. 746, Establishing recycling recovery program for electronics,
S. B. 780, Relating to Public Employees Grievance Procedure,
S. B. 784, Relating to reforming, altering or modifying county government,
S. B. 595, Establishing education goals and objectives for 2020,
Com. Sub. for S. B. 535, Modifying certain penalties for DUI,
S. B. 499, Eliminating timber severance tax,
And,
Com. Sub. for S. B. 556, Relating to towing unlawfully parked vehicles.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take effect from passage, a bill of the House of Delegates as follows:
H. B. 4328, Excluding the service of a poll worker from being considered a prohibited political activity.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page four, section twenty, lines forty and forty-one, by striking out the words "a candidate or delegate to any state or national political party convention" followed by a comma.
On page four, section twenty, line fifty-two, after the word "activities", by striking out the word "or".
On page four, section twenty, line fifty-two, after the word "worker", by inserting the words "or being a candidate for or serving as a delegate to any state or national political party convention".
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 4328 - "A Bill to amend and reenact §29-6-20 of the Code of West Virginia, 1931, as amended, relating to allowing state employees to serve as poll workers and as delegates to state and national political conventions without being considered as engaging in a prohibited political activity."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 281), and there were--yeas 97, nays 2, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Cowles and Lane.
Absent And Not Voting: Mahan.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4328) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 282), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Mahan.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4328) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Petitions

Mr. Speaker, Mr. Thompson, presented a petition on behalf of the teachers of Wood County, expressing their disappointment in the Governor's proposed professional educator's compensation package; which was referred to the Committee on Finance.
Special Calendar

Unfinished Business

H. C. R. 3, Requesting the Joint Committee on Government and Finance to study current trends in juvenile crime and the impact of "boot camp" and "scared straight" disciplinary programs in reducing juvenile crime; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. C. R. 15, Requesting the Joint Committee on Government and Finance to study the state of the delivery of health care in West Virginia; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. C. R. 38, Requesting the Joint Committee on Government and Finance to study historical tourism in West Virginia and the allocation of funds for historical preservation; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. C. R. 19, Requesting Division of Highways name bridge in Parkersburg, Wood County, "Blennerhassett Island Bridge"; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
H. R. 30, Supporting the establishment of the History and Culture Institute of Mining in the State of West Virginia; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Third Reading

Com. Sub. for S. B. 13, Relating to Dental Practice Act generally; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 283), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Mahan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 13) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for S. B. 88, Creating brownfield economic development districts; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 284), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Mahan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 88) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 217, Reducing compliance time for nonresident traffic violationson third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 285), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Mahan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 217) passed.
An amendment to the title of the bill, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the title to read as follows:
S. B. 217 - "A Bill to amend and reenact §8-10-2a of the Code of West Virginia, 1931, as amended; to amend and reenact §17B-3-3a of said code; and to amend and reenact §50-3-2a of said code, all relating to resident and non-resident drivers' failure to pay costs, fines, forfeitures or penalties imposed upon conviction of a motor vehicle violation; and reducing the time period for nonresidents to pay costs, fines, forfeitures or penalties before the court sends notice to the Division of Motor Vehicles to suspend the nonresident offender's driver's privilege to drive in this state."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for S. B. 234, Creating Maternal Mortality Review Team; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 286), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Mahan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 234) passed.
An amendment to the title of the bill, recommended by the Committee on Health and Human Resources, was reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for S. B. 234 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §48-25A-1, §48-25A-2 and §48-25A-3, all relating to the creation of a Maternal Mortality Review Team; establishing its members and responsibilities; and giving the Bureau of Public Health Rule Making authority for the team."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 236, Eliminating obsolete election language; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 287), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Mahan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 236) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 237, Repealing county officers' annual report requirement of certain expenditures; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 288), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Mahan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 237) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 238, Increasing monetary limit to file circuit court suit; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 289), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Mahan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 238) passed.
An amendment to the title of the bill, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the title to read as follows:
S. B. 238 - "A Bill to amend and reenact §50-4-8 of the Code of West Virginia, 1931, as amended; and to amend and reenact §51-2-2 of said code, all relating to increasing the monetary jurisdictional requirement for circuit courts; increasing the monetary jurisdictional amount for removal of a civil suit from magistrate court to circuit court; increasing the monetary jurisdictional amount to file a civil suit in circuit court; and clarifying original and general jurisdiction of circuit courts."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for S. B. 242, Allowing point deduction for certain licensees attending defensive driving class; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 290), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Mahan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 242) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 263, Updating certain code provisions relating to Division of Corrections; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 291), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Mahan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 263) passed.
An amendment to the title of the bill, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the title to read as follows:
S. B. 263 - "A Bill to amend and reenact §25-1-3, §25-1-3b; §25-1-11a and §25-1-11c of the Code of West Virginia, 1931, as amended; and to amend and reenact §25-4-4, of the Code of West Virginia, 1931, as amended, all relating generally to the Division of Corrections; updating the statutory list of correctional facilities over which the commissioner has control; providing that the commissioner is authorized to contract with the McDowell County Commission to house and incarcerate inmates at the Stevens Correctional Center; removing the Commissioner's authority to serve on the Commission for Distribution of Surplus Food; providing that when a commissary in a division facility is operated by a vendor, the negotiated commission paid by the vendor is to be deposited into the facility's inmate benefit fund; clarifying that wardens and administrators of correctional facilities are subject to the direction of the commissioner; specifying that all employees of the Division of Corrections are responsible for enforcing rules and laws necessary for the control and management of correctional units; modifying duties of those employees designated as correctional peace officers; and providing that wardens of centers for housing young adult offenders have the same powers and duties as other wardens of correctional facilities."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 271, Establishing grievance procedure for State Police; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 292), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Mahan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 271) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 286, Providing adult and child protective services workers personal immunity from civil liability; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 293), and there were--yeas 98, nays 1, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Shook.
Absent And Not Voting: Mahan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 286) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 294), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Mahan.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 286) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for S. B. 305, Clarifying procedures for seizing neglected or abused animals; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 295), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Mahan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 305) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 311, Allowing judges to order jurors from other counties in certain situations; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 296), and there were--yeas 98, nays 1, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Ireland.
Absent And Not Voting: Mahan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 311) passed.
An amendment to the title of the bill, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the title to read as follows:
The Committee on the Judiciary moves to amend the title of the bill as follows:
Com. Sub. for S. B. 311 - "A Bill to amend and reenact §52-1-14 of the Code of West Virginia, 1931, as amended, relating to authorizing judges to order jurors be drawn from another county or counties in certain cases; providing contents of court orders directing the summoning of jurors; and providing that the county for which the jurors served shall compensate the jurors."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 317, Updating physician and podiatrist licensing requirements; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 297), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Mahan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 317) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for S. B. 325, Relating to state employee deferred compensation plan; on third reading, coming up in regular order, was read a third time.
Delegate Walters requested to be excused from voting on the passage of Com. Sub. for S. B. 325 under the provisions of House Rule 49.
The Speaker refused to excuse the Gentleman from voting, stating that he was a member of a class of persons possibly to be affected by the passage of the bill and that he demonstrated no direct personal or pecuniary interest therein.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 298), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Mahan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 325) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for S. B. 325 - "A Bill to amend and reenact §5-10B-10a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §5- 10B-12a, all relating to the deferred compensation plan for state employees; and providing the Treasurer with information needed to operate the state deferred compensation plan."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 337, Eliminating obsolete language concerning Supreme Court Clerk; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 299), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Mahan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 337) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 340, Requiring consumers' notification of information security breach; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 300), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Mahan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 340) passed.
An amendment to the title of the bill, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for S. B. 340 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §46A-2A-101, §46A-2A-102, §46A-2A-103, §46A-2A-104 and §46A-2A-105, all relating to the unauthorized access or acquisition of certain computerized data which compromises the security, confidentiality or integrity of personal information; requiring notification of a breach of the security of a system compromising personal information; permitting internal notification procedures; non-compliance; enforcement by the Attorney General; civil penalties; civil actions by residents for actual damages; violations by a licensed financial institutions; and applicability."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for S. B. 373, Authorizing Miscellaneous Boards and Agencies promulgate legislative rules; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 301), and there were--yeas 67, nays 32, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Anderson, Andes, Armstead, Ashley, Azinger, Blair, Border, Canterbury, Carmichael, Cowles, Duke, Evans, Frederick, Hartman, Ireland, Lane, Michael, C. Miller, J. Miller, Overington, Porter, Romine, Rowan, Schadler, Schoen, Shaver, Sobonya, Stalnaker, Sumner, Tansill, Walters and Williams.
Absent And Not Voting: Mahan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 373) passed.
An amendment to the title of the bill, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for S. B. 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; repealing certain legislative rules; 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; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to requirements governing water quality standards; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to antidegradation implementation procedures; 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."
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 302), and there were--yeas 71, nays 28, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Anderson, Andes, Armstead, Ashley, Azinger, Blair, Border, Canterbury, Cowles, Duke, Evans, Hartman, Ireland, Lane, Michael, Miller, J, Overington, Porter, Romine, Rowan, Schadler, Schoen, Shaver, Sobonya, Sumner, Tansill, Walters and Williams.
Absent And Not Voting: Mahan.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 373) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
At 12:40 p.m., on motion of Delegate DeLong, the House of Delegates recessed until 5:30 p.m., and reconvened at that time.
* * * * * * * *

Evening Session

* * * * * * * * *

Reordering of the Calendar

Delegate DeLong announced that the Committee on Rules had transferred
Com. Sub. for S. B. 571, on third reading, House Calendar, to the Special Calendar and Com. Sub. for S. B. 501, on second reading, House Calendar, to the Special Calendar.
Delegate DeLong also announced that the Committee on Rules had transferred Com. Sub. for S. B. 398, Com. Sub. for S. B. 481, S. B. 503, Com. Sub. for S. B. 504, Com. Sub. for S. B. 536, Com. Sub. for S. B. 545, Com. Sub. for S. B. 593, S. B. 606, Com. Sub. for S. B. 638, Com. Sub. for S. B. 645, S. B. 659, S. B. 673, S. B. 674, on third reading, Special Calendar, to the House Calendar and S. B. 722 and S. B. 735, third reading, Special Calendar, to the House Calendar.
At the request of Delegate DeLong, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
S. B. 297, Authorizing School Building Authority to issue revenue bonds from State Excess Lottery Fund,
S. B. 696, Providing appraisal methods for certain multifamily rental properties,
Com. Sub. for S. B. 699, Establishing OxyContin Asset Forfeiture Fund,
And,
Com. Sub. for S. B. 715, Defining certain Public Employees Insurance Agency eligibility,
And reports the same back with the recommendation that they each do pass.
Chairman Doyle, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the 5th day of March, 2008, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:
(Com. Sub. for H. B. 4076), Relating to the compensation and expenses of legislators.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
S. B. 706, Providing for liner placement through mined-out coal horizons,
And,
Com. Sub. for S. B. 712, Authorizing Coalbed Methane Review Board to propose legislative rules,
And reports the same back with the recommendation that they each do pass.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
S. B. 72, Expanding Route 2 and Interstate 68 Authority territory,
Com. Sub. for S. B. 323, Relating to stormwater systems generally,
And,
Com. Sub. for S. B. 553, Creating Permitting and Licensing Information Act,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
S. B. 280, Modifying Downtown Redevelopment Act,
And reports the same back, with amendment, with the recommendation that it do pass.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 142, Relating to limited expungement of certain criminal records,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
S. B. 291, Appointing additional circuit court judge to Pendleton, Hardy, Hampshire, Mercer and Wayne counties,
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. 309, Increasing Secretary of Transportation and Commissioner of Highways salary when one person serves as both,
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. 309) 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:
H. B. 4014, Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article six of the Constitution,
And reports back a committee substitute therefor, with the title, as follows:
Com. Sub. for H. B. 4014 - "A Bill making appropriations of public money out of the Treasury in accordance with section fifty-one, article VI of the Constitution,
With the recommendation that the committee substitute do pass.
Chairman 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. 600, Adding certain terms to Human Rights Act and Fair Housing Act,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
Com. Sub. for S. B. 9, Mandating hunter safety program in public schools,
Com. Sub. for S. B. 287, Establishing West Virginia Research Trust Fund,
Com. Sub. for S. B. 467, Reauthorizing Dam Safety Rehabilitation Revolving Fund,
Com. Sub. for S. B. 476, Creating State Employee Sick Leave Fund,
Com. Sub. for S. B. 622, Creating Voluntary Rural and Outdoor Heritage Conservation Act,
Com. Sub. for S. B. 680, Relating to corporate net income tax and business franchise tax,
And,
Com. Sub. for S. B. 682, Creating Community and Technical College Capital Improvement Fund,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
On motion for leave, a bill was introduced (Originating in the Committee on Finance and reported with the recommendation that it do pass), which was read by its title, as follows:
By Delegates White, Boggs, Craig, Kominar, Perdue, M. Poling, Stalnaker, Yost, Ashley, Border and Evans:

H. B. 4715 - "A Bill supplementing, amending and increasing items of the existing appropriations from the State Road Fund to the Department of Transportation, Division of Highways, fund 9017, fiscal year 2008, organization 0803, by supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand eight."
At the respective requests of Delegate DeLong, and by unanimous consent, the following bills just received on committee reports were taken up for further consideration, each read a first time and ordered to second reading, as follows:
Com. Sub. for S. B. 9, Mandating hunter safety program in public schools,
S. B. 72, Expanding Route 2 and Interstate 68 Authority territory,
Com. Sub. for S. B. 142, Relating to limited expungement of certain criminal records,
S. B. 280, Modifying Downtown Redevelopment Act,
Com. Sub. for S. B. 287, Establishing West Virginia Research Trust Fund,
S. B. 291, Appointing additional circuit court judge to Pendleton, Hardy, Hampshire, Mercer and Wayne counties,
S. B. 297, Authorizing School Building Authority to issue revenue bonds from State Excess Lottery Fund,
Com. Sub. for S. B. 309, Increasing Secretary of Transportation and Commissioner of Highways salary when one person serves as both,
Com. Sub. for S. B. 323, Relating to stormwater systems generally,
Com. Sub. for S. B. 467, Reauthorizing Dam Safety Rehabilitation Revolving Fund,
Com. Sub. for S. B. 476, Creating State Employee Sick Leave Fund,
Com. Sub. for S. B. 553, Creating Permitting and Licensing Information Act,
Com. Sub. for S. B. 622, Creating Voluntary Rural and Outdoor Heritage Conservation Act,
Com. Sub. for S. B. 680, Relating to corporate net income tax and business franchise tax,
Com. Sub. for S. B. 682, Creating Community and Technical College Capital Improvement Fund,
S. B. 696, Providing appraisal methods for certain multifamily rental properties,
Com. Sub. for S. B. 699, Establishing OxyContin Asset Forfeiture Fund,
S. B. 706, Providing for liner placement through mined-out coal horizons,
Com. Sub. for S. B. 712, Authorizing Coalbed Methane Review Board to propose legislative rules,
Com. Sub. for S. B. 715, Defining certain Public Employees Insurance Agency eligibility,
Com. Sub. for H. B. 4014 - "A Bill making appropriations of public money out of the Treasury in accordance with section fifty-one, article VI of the Constitution,
And,
H. B. 4715, Making a supplementary appropriation to the Department of Transportation.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 2881, Providing that antique motor vehicles may be used for occasional recreational driving.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 4028, Authorizing counties and municipalities to enter into contracts for energy-savings.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 4069, Requiring vision screening for renewal of a driver's license.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 4080, Relating to funds held for charitable purposes by nonprofit, charitable institutions.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 4099, Allowing certain vehicles designated by the Secretary of the Department of Military Affairs and Public Safety to use red flashing lights.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 4124, Adding CPR and First Aid training to the health education curriculum in secondary schools.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 4137, Clarifying that a municipality and county will be notified by an insurance company when a total loss to a structure occurs.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page two, section nine-a, line three, by striking out the word "or" and inserting in lieu thereof the word "and".
On page two, section nine-a, line eight, by striking out the word "or" and inserting in lieu thereof the word "and".
And
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 4137 - "A Bill to amend and reenact §33-17-9a of the Code of West Virginia, 1931, as amended, relating to clarifying that a municipality and county will be notified in writing by an insurance company when the policy provides for cleanup or removal of the remains of a structure when a total loss to a structure occurs within that county or municipality."

On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken(Roll No. 303), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Moore, Shook and Stemple.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4137) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 4206, Authorizing the Department of Military Affairs and Public Safety to promulgate legislative rules.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 4355, Allowing Hatfield-McCoy Regional Recreation Authority to retain civil penalties imposed for violation of authority rules.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take effect July 1, 2008, a bill of the House of Delegates as follows:
H. B. 4482, Allowing payments from the Parkways Authority to the Hatfield-McCoy Regional Recreational Authority to continue past the nine-year limitation.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page five, section thirteen, line sixty-one, after the word "projects", by changing the period to a colon and inserting the following: "Provided, That beginning on the first day of January, two thousand nine, the Parkways Authority shall pay one hundred thousand dollars annually to the Mercer County Equestrian Park Authority, with such funds to be paid to the Region One Planning and Development Council until such time as the Mercer County Equestrian Park Authority is established. Upon the establishment of the Mercer County Equestrian Park Authority, the one hundred thousand dollar annual payments from the Parkways Authority shall be paid directly to the Mercer County Equestrian Park Authority for the purpose of developing, supporting and operating the Mercer County Equestrian Park."
And,
By amending the title to read as follows:
H. B. 4482 - "A Bill to amend and reenact §17-16A-13 of the Code of West Virginia, 1931, as amended, relating to relating to payments by the West Virginia parkways, economic development and tourism authority to the Hatfield-McCoy regional recreation authority for the purpose of funding projects of the Hatfield-McCoy regional recreation authority and payments by the West Virginia parkways to the Mercer County Equestrian Park Authority for the purpose of funding the establishment and operation of an Equestrian Park in Mercer County."
On motion of Delegate DeLong, the House refused to concur in the Senate amendments and requested the Senate to recede therefrom.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 4490, Finding and declaring certain claims against the state and its agencies to be moral obligations of the state.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to recede from its amendment and requested the House of Delegates to agree to the appointment of a Committee of Conference of five from each house on the disagreeing votes of the two houses as to
H. B. 4496, Providing opportunities for members of the Teachers' Defined Contribution Retirement System ("TDC") to the State Teachers Retirement System ("TRS").
The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:
Senators Helmick, Foster, Plymale, Oliverio and Hall.
On motion of Delegate DeLong, the House of Delegates agreed to the appointment of a Committee of Conference of five from each house on the disagreeing votes of the two houses.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the following:
Delegates Boggs, Kominar, Campbell, Spencer and Anderson.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
H. B. 4500, Providing qualified entities access to the West Virginia Central Abuse Registry.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page eight, section nine, line eight, by striking out the words "and employees".
On page eight, section nine, line eleven, by striking out he words "the child, disabled or elderly person" and inserting in lieu thereof the words "children or disabled or elderly persons".
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 4500 - "A Bill to amend and reenact §15-2C-1 and §15-2C-6 of the Code of West Virginia, 1931, as amended, and to amend said code by adding a new section, designated §15-2C-9, all relating to providing qualified entities access to the West Virginia Central Abuse Registry; amending and adding definitions; defining the responsibilities of qualified entities; charging fees for requests by qualified entities; and keeping records of security audits."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 304), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Moore, Shook and Stemple.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4500) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
H. B. 4557, Relating to continuing education for insurance producers.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page six, section eight, line seventy-nine, after the word "instruction.", by inserting the words "Subject to approval by the commissioner, the active annual membership of the individual insurance producer in local, regional, state or national professional insurance organizations or associations may be approved for up to two annual hours of instruction. These hours shall be credited upon timely filing with the commissioner or his or her designee appropriate written evidence acceptable to the commissioner of the active membership in the organization or association."
And,
By amending the title of the bill to read as follows:
H. B. 4557 - "A Bill to amend and reenact §33-12-8 of the Code of West Virginia, 1931, as amended, relating to continuing education for individual insurance producers; allowing continuing education credit for active annual membership in professional organizations or associations; and" providing for carry-over of hours of continuing education into the following biennial reporting period.
On motion of Delegate DeLong, the House refused to concur in the Senate amendments and requested the Senate to recede therefrom.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:
H. C. R. 41, Urging the United States Congress to protect state regulation of the business of insurance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:
H. C. R. 44, Urging legislative support of communities who are committed to delivering the five fundamental resources of America's Promise to West Virginia's youth.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
Com. Sub. for S. B. 493, Granting emergency election powers to Secretary of State.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
Com. Sub. for S. B. 494, Providing voter verification through electronic poll book.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
S. B. 507, Clarifying voting procedures.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
Com. Sub. for S. B. 519, Extending Hazardous Waste Material Management Fee Fund sunset provision.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
S. B. 775, Relating to state parks and state forests.
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. 6 - "Requesting the Joint Committee on Government and Finance study the benefits, costs and feasibility of establishing a West Virginia Universal Voluntary Accounts Program to assist private employers in offering employees an optional retirement plan."
Whereas, Approximately 60 percent of West Virginia workers are not covered by retirement plans at work; and
Whereas, A substantial number of West Virginia workers reach retirement age without retirement funds or personal savings in an amount, when added to Social Security income, sufficient to maintain a healthy, comfortable and secure retirement; and
Whereas, Pension benefits to augment Social Security payments are critical for the long- term well-being of West Virginia's senior citizens and to protect the state from the burden of caring for seniors with inadequate incomes; and
Whereas, Administrative and cost hurdles discourage many small businesses from offering pension benefits to employees; and
Whereas, The provision of a low-cost, convenient and portable pension plan offering easy participation by small business owners provides workers a convenient way to invest in their own retirement security; and
Whereas, A system of defined contribution accounts administered by the state, but funded entirely by voluntary employee and employer contributions, will encourage employees to save for their retirement and encourage employers to offer the benefit; and
Whereas, Other states are studying state-administered universal voluntary accounts as a means of providing low-cost plans that offer portability between jobs and immediate and convenient access with no vesting period; therefore, be it
Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study the benefits, costs and feasibility of establishing a West Virginia Universal Voluntary Accounts Program to assist private employers in offering employees an optional retirement plan; 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 expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 60 - "Requesting the Joint Committee on Government and Finance study the feasibility of granting additional retirement service credit to members of West Virginia's public retirement systems for all periods of active service in the armed forces of the United States."
Whereas, The Legislature recognizes the honorable commitment required of the men and women in the armed forces during times of grave danger, conflict and war; and
Whereas, Public servants who enter into active military service do so for the good of our citizenry and with great personal sacrifice; and
Whereas, Men and women serving in the National Guard and Reserves are increasingly being called to respond to crisis overseas; and
Whereas, The West Virginia Consolidated Public Retirement Board administers eight independent state retirement systems; and
Whereas, The West Virginia Public Employees Retirement System provides retirement benefits for approximately 35,800 active employees of the state and other political subdivisions, the West Virginia Teachers' Retirement System serves approximately 19,500 active employees of the state and the West Virginia Teachers' Defined Contribution Plan currently has approximately 19,200 active employees; and
Whereas, Members of the Public Employees Retirement System are eligible to receive up to five years of military service credit toward retirement for compulsory military service or specified periods of armed conflict; and
Whereas, Further study is needed to determine whether armed conflicts other than those specified under the Public Employees Retirement System qualify for additional service credit; and
Whereas, Additional military service credit may be purchased by members of state retirement plans under the federal guidelines of the Uniformed Services Employment and Reemployment Rights Act; 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 granting additional retirement service credit to members of West Virginia's public retirement systems for all periods of active service in the armed forces of the United States; 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 expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
Com. Sub. for S. C. R. 66 - "Requesting the Division of Highways name bridge number 03-01-8.23 crossing the Big Coal River in Ashford, Boone County, the 'Barry Lutsy Memorial Bridge'."
Whereas, Barry Lutsy was a long-time member of the Racine Volunteer Fire Department; and
Whereas, Barry Lutsy was married to his beloved wife, Debra, with whom he shared the joy of having two children, Jeremy and Justin; and
Whereas, Sadly, Barry Lutsy was killed in the line of duty on August 13, 2003; and
Whereas, It is fitting, to honor Barry Lutsy for his service and sacrifice to his community by naming bridge number 03-01-8.23, crossing over the Big Coal River, in Ashford, Boone County, the "Barry Lutsy Memorial Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 03-01-8.23 crossing the Big Coal River in Ashford, Boone County, the "Barry Lutsy Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "Barry Lutsy Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the family of Barry Lutsy.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 69 - "Requesting the Joint Committee on Government and Finance study judicial selection methods and public financing of judicial elections."
Whereas, Judges in West Virginia are selected by partisan political elections; and
Whereas, In recent years, significant sums have been spent by sources located both within and without West Virginia to influence the elections of judges; and
Whereas, The influx of campaign money in judicial races damages the concept of an independent judiciary and gives rise to the perception that justice is for sale, undermining public confidence not only in the judiciary, but also in all of state government; and
Whereas, It is imperative that the public perception of the integrity of judicial decisions and of the judiciary in general be restored; and
Whereas, Other states provide for the selection of judges by various methods, including partisan election of judges, non-partisan election of judges, appointment by the Executive, appointment by the Executive with the approval of the Legislature appointment by a judicial selection panel; and
Whereas, At least one state has enacted provisions for public funding of judicial elections and other states are considering similar measures; and
Whereas, Each method of judicial selection has its advantages and disadvantages; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study judicial selection methods and public financing of judicial elections; 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 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.
Special Calendar

Third Reading


(Continued)

Com. Sub. for S. B. 492
, Eliminating part-time prosecutors; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 305), and there were--yeas 90, nays 6, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Duke, Frederick, Ireland, Palumbo, Shaver and Sobonya.
Absent and Not Voting: Mahan, Moore, Shook and Stemple.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 492) passed.
An amendment to the title of the bill, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the title to read as follows:
S. B. 492 - "A Bill to amend and reenact §7-7-4a of the Code of West Virginia, 1931, as amended, relating to prosecuting attorneys; requiring a prosecuting attorney to be full-time; providing a method for a prosecutor to become part-time; requiring the determination of part-time status occur at the beginning of the term of office and remain in effect until the end of that term."
Delegate DeLong moved that the bill take effect July 1, 2008.
On this question, the yeas and nays were taken (Roll No. 306), and there were--yeas 93, nays 3, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Duke, Frederick and Ireland.
Absent and Not Voting: Mahan, Moore, Shook and Stemple.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 492) takes effect July 1, 2008.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for S. B. 552, Relating to prepaid wireless calling taxes, fees and charges; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 552) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 570, Allowing county commissions' involvement in joint development efforts; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 308), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Moore, Shook and Stemple.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 570) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for S. B. 571, Relating to certain firefighters' workers' compensation benefits; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 309), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Moore, Shook and Stemple.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 571) passed.
An amendment to the title of the bill, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the title to read as follows:
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for S. B. 596, Relating to Streamlined Sales and Use Tax Agreement; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 310), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Moore, Shook and Stemple.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 596) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 311), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Moore, Shook and Stemple.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 596) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 671, Increasing presiding Court of Claims' judge compensation; on third reading, coming up in regular order, with an amendment pending, was reported by the Clerk.
An amendment, recommended by the Committee on Finance , was reported by the Clerk and adopted, amending the bill on page two, section eight, line one, following the word "receive" by striking the words "one hundred sixty" and inserting in lieu thereof the words "two hundred ten".
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 312), and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Porter.
Absent And Not Voting: Mahan, Moore, Shook and Stemple.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 671) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:
S. B. 671 - "A Bill to amend and reenact §14-2-8 of the Code of West Virginia, 1931, as amended, relating to increasing the compensation of the judges of the Court of Claims."
Delegate DeLong moved that the bill take effect July 1, 2008.
On this question, the yeas and nays were taken (Roll No. 313), and there were--yeas 94, nays 1, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Porter.
Absent And Not Voting: Mahan, Moore, Schoen, Shook and Stemple.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 671) takes effect July 1, 2008.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading

Com. Sub. for S. B. 185, Clarifying mental conditions which prohibit firearms' possession and creating state registry of such persons; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary , was reported by the Clerk and adopted, amending the bill on page two, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following language:
"That §27-3-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §61-7-7 of said code be amended and reenacted; and that said code be amended by adding thereto a new article, designated §61-7A-1, §61-7A-2, §61-7A-3, §61-7A-4 and §61-7A-5, all to read as follows:
CHAPTER 27 MENTALLY ILL PERSONS

ARTICLE 3. CONFIDENTIALITY.
§27-3-1. Definition of confidential information; disclosure.

(a) Communications and information obtained in the course of treatment or evaluation of any client or patient are confidential information. Such confidential information includes the fact that a person is or has been a client or patient, information transmitted by a patient or client or family thereof for purposes relating to diagnosis or treatment, information transmitted by persons participating in the accomplishment of the objectives of diagnosis or treatment, all diagnoses or opinions formed regarding a client's or patient's physical, mental or emotional condition; any advice, instructions or prescriptions issued in the course of diagnosis or treatment, and any record or characterization of the matters hereinbefore described. It does not include information which does not identify a client or patient, information from which a person acquainted with a client or patient would not recognize such client or patient, and uncoded information from which there is no possible means to identify a client or patient.
(b) Confidential information may shall not be disclosed, except:
(1) In a proceeding under section four, article five of this chapter to disclose the results of an involuntary examination made pursuant to sections two, three or four, article five of this chapter;
(2) In a proceeding under article six-a of this chapter to disclose the results of an involuntary examination made pursuant thereto;
(3) Pursuant to an order of any court based upon a finding that the information is sufficiently relevant to a proceeding before the court to outweigh the importance of maintaining the confidentiality established by this section;
(4) To provide notice to the federal National Instant Criminal Background Check System, established pursuant to section 103(d) of the Brady Handgun Violence Prevention Act, 18 U.S.C. §922, in accordance with article seven-A, chapter sixty-one of this code;
(4) (5) To protect against a clear and substantial danger of imminent injury by a patient or client to himself, herself or another;
(5) (6) For treatment or internal review purposes, to staff of the mental health facility where the patient is being cared for or to other health professionals involved in treatment of the patient; and
(6) (7) Without the patient's consent as provided for under the Privacy Rule of the federal Health Insurance Portability and Accountability Act of 1996, 45 C.F.R. §164.506 for thirty days from the date of admission to a mental health facility if: (i) The provider makes a good faith effort to obtain consent from the patient or legal representative prior to disclosure; (ii) the minimum information necessary is released for a specifically stated purpose; and (iii) prompt notice of the disclosure, the recipient of the information and the purpose of the disclosure is given to the patient or legal representative.
CHAPTER 61 CRIMES AND THEIR PUNISHMENT

ARTICLE 7. DANGEROUS WEAPONS.
§61-7-7. Persons prohibited from possessing firearms; classifications; reinstatement of rights to possess; offenses; penalties.

(a) Except as provided in this section, no person shall possess a firearm as such is defined in section two of this article who:
(1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
(2) Is habitually addicted to alcohol;
(3) Is an unlawful user of or habitually addicted to any controlled substance;
(4) Has been adjudicated as a mental defective or who has been involuntarily committed to a mental institution pursuant to the provisions of chapter twenty-seven of this code: Provided, That once an individual has been adjudicated as a mental defective or involuntarily committed to a mental institution, he or she shall be duly notified that they are to immediately surrender any firearms in their ownership or possession:Provided, however, That the mental hygiene commissioner or circuit judge shall first make a determination of the appropriate public or private individual or entity to act as conservator for the surrendered property;
(5) Being Is an alien is illegally or unlawfully in the United States;
(6) Has been discharged from the armed forces under dishonorable conditions;
(7) Is subject to a domestic violence protective order that:
(A) Was issued after a hearing of which such person received actual notice and at which such person had an opportunity to participate;
(B) Restrains such person from harassing, stalking or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
(C)(i) Includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
(ii) By its terms explicitly prohibits the use, attempted use or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
(8) Has been convicted of a misdemeanor offense of assault or battery either under the provisions of section twenty-eight, article two of this chapter or the provisions of subsection (b) or (c), section nine of said article in which the victim was a current or former spouse, current or former sexual or intimate partner, person with whom the defendant has a child in common, person with whom the defendant cohabits or has cohabited, a parent or guardian, the defendant's child or ward or a member of the defendant's household at the time of the offense or has been convicted in any court of any jurisdiction of a comparable misdemeanor crime of domestic violence.
Any person who violates the provisions of this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred dollars nor more than one thousand dollars or confined in the county jail for not less than ninety days nor more than one year, or both.
(b) Notwithstanding the provisions of subsection (a) of this section, any person:
(1) Who has been convicted in this state or any other jurisdiction of a felony crime of violence against the person of another or of a felony sexual offense; or
(2) Who has been convicted in this state or any other jurisdiction of a felony controlled substance offense involving a Schedule I controlled substance other than marijuana, a Schedule II or a Schedule III controlled substance as such are defined in sections two hundred four, two hundred five and two hundred six, article two, chapter sixty-a of this code and who possesses a firearm as such is defined in section two of this article shall be guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility for not more than five years or fined not more than five thousand dollars, or both. The provisions of subsection (c) of this section shall not apply to persons convicted of offenses referred to in this subsection or to persons convicted of a violation of this subsection.
(c) Any person prohibited from possessing a firearm by the provisions of subsection (a) of this section may petition the circuit court of the county in which he or she resides to regain the ability to possess a firearm and if the court finds by clear and convincing evidence that the person is competent and capable of exercising the responsibility concomitant with the possession of a firearm, the court may enter an order allowing the person to possess a firearm if such possession would not violate any federal law: Provided, That a person prohibited from possessing a firearm by the provisions of subdivision (4), subsection (a) of this section may petition to regain the ability to possess a firearm in accordance with the provisions of section five, article seven-a of this chapter.
ARTICLE 7A. STATE MENTAL HEALTH REGISTRY; REPORTING OF PERSONS PROSCRIBED FROM FIREARM POSSESSION DUE TO MENTAL CONDITION TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM; LEGISLATIVE FINDINGS; DEFINITIONS; REPORTING REQUIREMENTS; REINSTATEMENT OF RIGHTS PROCEDURES.

§61-7A-1. Legislative intent.
It is the intention of the Legislature in the enactment of this article to clarify the persons whom it intends to proscribe from the possession of firearms due to substance abuse or mental illness; establish a process in reporting the names of persons proscribed from possession of firearms due to mental illness to the central state mental health registry; authorize reporting by registry to the National Instant Criminal Background Check System; and to prescribe a means for reinstating one's ability to lawfully possess a firearm.
§61-7A-2. Definitions.
As used in this article and as the terms are deemed to mean in 18 U. S. C. §922(g) and W. Va. Code §61-7-7 as each exists as of the thirty-first day of January, two thousand eight:
(1) 'A person adjudicated as a mental defective' means a person who has been determined by a duly authorized court, tribunal, board or other entity to be mentally ill to the point where he or she has been found to be incompetent to stand trial due to mental illness or insanity, has been found not guilty in a criminal proceeding by reason of mental illness or insanity or has been determined to be unable to handle his or her own affairs due to mental illness or insanity.
(2) 'Committed to a mental institution' means to have been involuntarily committed for treatment pursuant to the provisions of chapter twenty-seven of this code.
(3) 'Mental institution' means any facility or part of a facility used for the treatment of persons committed for treatment of mental illness or addiction.
§61-7A-3. Persons whose names are to be supplied to the central state mental health registry.
(a) The superintendent of the West Virginia State Police and the Secretary of the Department of Health and Human Resources, or their designees, shall cooperate with the circuit clerk of each county and Administrator of the West Virginia Supreme Court of Appeals in compiling and maintaining a database containing the names and identifying information of persons who have been adjudicated to be mentally defective or who have been committed for treatment of a mental illness pursuant to the provisions of chapter twenty-seven of this code. The registry shall be maintained by the Administrator of the Supreme Court of Appeals or the Superintendent of the West Virginia State Police.
(b) The name of any person who has been adjudicated to be mentally defective or who has been committed for treatment of a mental illness pursuant to the provisions of chapter twenty-seven of this code which shall be provided to the Superintendent of the West Virginia State Police for inclusion in the central state mental health registry. Upon receipt of the information being received by the central state mental health registry it may be transmitted to the National Instant Criminal Background Check System and to county sheriffs;
(c) The Secretary of Department of Human Resources and the circuit clerk of each county shall, as soon as practicable after the effective date of this article, supply to the Superintendent of the West Virginia State Police for inclusion in the central state mental health registry the name and identifying information required by the provisions of subsection (d) of this section of all persons covered by the provisions of this article and shall on an ongoing basis continue to provide such information as it is developed;
(d) The central state mental health registry shall contain the name, address at the time of commitment or adjudication, date of birth, date of commitment or adjudication and of all persons who have been adjudicated to be mentally defective or who have been committed for treatment of a mental illness pursuant to the provisions of chapter twenty-seven of this code.
(e) The central state mental health registry shall provide only such information about a person on the registry to county sheriffs and the National Instant Criminal Background Check System as is necessary to identify registrants; and
(f) On or before the first day of January, two thousand ten, the central state mental health registry shall contain the name, address at the time of commitment or adjudication, date of birth, date of commitment or adjudication and any other identifying characteristics of all persons who have been adjudicated to be mentally defective or who have been committed for treatment of a mental illness pursuant to the provisions of chapter twenty-seven of this code. Under no circumstances shall the registry contain information relating to any diagnosis or treatment provided.
§61-7A-4. Confidentiality; limits on use of registry information.
(a) Notwithstanding any provision of this code to the contrary, the Superintendent of the State Police, the Secretary of the Department of Health and Human Resources and the circuit clerks and the Administrator of the Supreme Court of Appeals may provide notice to the central state mental health registry and the National Instant Criminal Background Check System established pursuant to Section 103(d) of the Brady Handgun Violence Protection Act, 18 U. S. C. §922, that a person: (i) Has been involuntarily committed as provided in chapter twenty-seven of this code; (ii) has been adjudicated mentally incompetent in a proceeding under article six-a of this chapter; or (iii) has regained the ability to possess a firearm by order of a circuit court in a proceeding under section five of this article.
(b) The information contained in the central state mental health registry is to be used solely for the purpose of records checks related to firearms purchases and for eligibility for a state license or permit to possess or carry a concealed firearm.
(c) Whenever a person's name and other identifying information has been added to the central state mental health registry, a review of the state concealed handgun registry shall be undertaken and if such review reveals that the person possesses a current concealed handgun license, the sheriff of the county issuing the concealed handgun license shall be informed of the person's change in status.
§61-7A-5. Petition to regain right to possess firearms.
(a) Any person who is prohibited from possessing a firearm pursuant to the provisions of section seven, article seven of this chapter or by provisions of federal law by virtue solely of having previously been adjudicated to be mentally defective or to having a prior involuntary commitment to a mental institution pursuant to chapter twenty-seven of this code may petition the circuit court of the county of his or her residence to regain the ability to lawfully possess a firearm. If the court finds by clear and convincing evidence that the person is competent and capable of exercising the responsibilities concomitant with the possession of a firearm, the court may enter an order allowing the petitioner to possess a firearm.
(b) The circuit clerk of each county shall provide the Superintendent of the West Virginia State Police or his or her designee with a certified copy of any order entered pursuant to the provisions of this section. If the order restores the petitioner's ability to possess a firearm, petitioner's name shall be promptly removed from the central state mental health registry and the superintendent shall forthwith inform the Federal Bureau of Investigation or other federal entity operating the National Instant Criminal Background Check System of the court action."
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. 314), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Moore, Shook, Stemple and Wysong.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 315), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Moore, Shook, Stemple and Wysong.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 185) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for S. B. 201, Providing terms for certain retirement benefits disqualification; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page twelve, section five, line fifteen, following the words "this article", by striking out the period and inserting a colon and the following: "Provided, That this article does not authorize the termination of benefits received by a beneficiary that are received as a result of the beneficiary's own membership in a plan or the beneficiary's status as a beneficiary of a member other than the participant or former participant" followed by a period.
The bill was then ordered to third reading.
Com. Sub. for S. B. 207, Relating to Deputy Sheriff Retirement System Act; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page twenty-five, section thirty, line ten, following the word "chapter", by striking out the word "five" and inserting in lieu thereof the word "five-d".
At the request of Delegate White, and by unanimous consent, the Committee amendment was withdrawn.
On motion of Delegate White, the bill was amended on page on page twenty-five, section thirty, line ten, following the word "article", by striking out the word "ten" and inserting in lieu thereof the word "ten-d".
There being no further amendments, the bill was then ordered to third reading.
Com. Sub. for S. B. 208, Clarifying all Consolidated Public Retirement Board systems are included in employer pick-up provisions; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 227, Relating to State Teachers Retirement System; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page three, section three, line twenty-eight, following the words "means an", by inserting the word "inadvertent" and ordered to third reading.
The bill was then ordered to third reading.
Com. Sub. for S. B. 239, Creating Senior Citizen Property Tax Payment Deferment Act; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page three, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
"That the Code of West Virginia, 1931, as amended, be 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; and that said code be amended by adding thereto a new section, designated §11-21-24, all to read as follows:
ARTICLE 6H. SENIOR CITIZEN PROPERTY TAX PAYMENT DEFERMENT ACT.

§11-6H-1. Short title.
This article shall be known as the 'Senior Citizen Property Tax Payment Deferment Act'.
§11-6H-2. Definitions.
As used in this article, the following terms shall have the meaning ascribed to them in this section, unless the context in which the term is used clearly requires a different meaning or a specific different definition is provided:
(1) 'Assessed value' means the value of property as determined under article three of this chapter.
(2) 'Deferment' means a delay or postponement.
(3) 'Homestead' means a homestead qualified for the homestead property tax exemption authorized in article six-b of this chapter, but limited to a single family residential house, including a mobile or manufactured or modular home, and the land, not exceeding one acre, surrounding such structure that is owned by the owner of the single family residential house, including a mobile or manufactured or modular home; or a mobile or manufactured or modular home regardless of whether the land upon which such mobile or manufactured or modular home is situated is owned by another.
(4) 'Owner' means the person who is possessed of the homestead, whether in fee or for life. A person seized or entitled in fee subject to a mortgage or deed of trust shall be considered the owner. A person who has an equitable estate of freehold, or is a purchaser of a freehold estate who is in possession before transfer of legal title shall also be considered the owner. Personal property mortgaged or pledged shall, for the purpose of taxation, be considered the property of the party in possession.
(5) 'Sixty-five years of age or older' includes a person who attains the age of sixty-five on or before the thirtieth day of June following the July first assessment day.
(6) 'Tax increment' means the increase of ad valorem taxes assessed on the homestead, determined as the difference between the ad valorem taxes assessed on the homestead for the current tax year and the ad valorem taxes assessed on the homestead for the tax year immediately preceding the tax year for which the taxpayer's application for property tax deferment specified in this article is approved by the assessor, or otherwise finally approved in accordance with the provisions of this article.
(7) 'Used and occupied exclusively for residential purposes' means that the property is used as an abode, dwelling or habitat for more than six consecutive months of the calendar year prior to the date of application by the owner thereof; and that subsequent to making application for deferment, the property is used only as an abode, dwelling or habitat to the exclusion of any commercial use.
(8) 'Tax year' means the calendar year following the July first assessment day.
§11-6H-3. Property tax payment deferment.
(a) The following homesteads shall qualify for the deferment provided in subsection (b) of this section:
(1) Any homestead owned by an owner sixty-five years of age or older and used and occupied exclusively for residential purposes by such owner; and
(2) Any homestead that:
(A) Is owned by an owner sixty-five years of age or older who, as a result of illness, accident or infirmity, is residing with a family member or is a resident of a nursing home, personal care home, rehabilitation center or similar facility;
(B) Was most recently used and occupied exclusively for residential purposes by the owner or the owner's spouse; and
(C) Has been retained by the owner for noncommercial purposes.
(b) (1) For tax years commencing on or after the first day of January, two thousand nine, the owner of a homestead meeting the qualifications set forth in subsection (a) of this section may apply for a deferment in the payment of the tax increment of ad valorem taxes assessed under the authority of article three of this chapter on the homestead: Provided, That the deferment may be authorized only when the tax increment is the greater of three hundred dollars or ten percent or more.
(2) In lieu of the deferment of the tax increment authorized pursuant to this article, a taxpayer entitled to such deferment may elect to instead apply the Senior Citizen Property Tax Relief Credit authorized under section twenty-four, article twenty-one of this chapter. Any taxpayer making such election shall be fully subject to the terms and limitations set forth in section twenty four, article twenty-one of this chapter.
§11-6H-4. Application for deferment; renewals; waiver of deferment.
(a) General. - No deferment may be allowed under this article unless an application for deferment is filed with the assessor of the county in which the homestead is located, on or before the first day of November following mailing of the tax ticket in which the tax increment that is the subject of the application is contained, such tax ticket being mailed pursuant to section eight, article one, chapter eleven-a of this code. In the case of sickness, absence or other disability of the owner, the application may be filed by the owner or his or her duly authorized agent.
(b) Renewals. - After the owner has filed an application for deferment with his or her assessor, there shall be no need for that owner to refile an application for the taxes so deferred.
(c) Waiver of deferment. - Any person otherwise qualified who does not apply for deferment from payment of a tax increment on or before the first day of November as specified in this article, is considered to have waived his or her right to apply for deferment from such payment for that tax year.
§11-6H-5. Determination; notice of denial of application for deferment.
(a) The assessor shall, as soon as practicable after an application for deferment is filed, review that application and either approve or deny it. The assessor shall approve or disapprove an application for deferment within thirty days of receipt. Any application not approved or denied within thirty days is deemed approved. If the application is denied, the assessor shall promptly, but not later than the first day of January, serve the owner with written notice explaining why the application was denied and furnish a form for filing with the county commission, should the owner desire to take an appeal. The notice required or authorized by this section shall be served on the owner or his or her authorized representative either by personal service or by certified mail.
(b) In the event that the assessor has information sufficient to form a reasonable belief that an owner, after having been originally granted a deferment, is no longer eligible for the deferment, he or she shall, within thirty days after forming this reasonable belief, revoke the deferment and serve the owner with written notice explaining the reasons for the revocation and furnish a form for filing with the county commission should the owner desire to take an appeal.
§11-6H-6. Appeals procedure.
(a) Notice of appeal; thirty days. - Any owner aggrieved by the denial of his or her claim for application for deferment or the revocation of a previously approved deferment may appeal to the county commission of the county within which the property is situated. All such appeals shall be filed within thirty days after the owner's receipt of written notice of the denial of an application or the revocation of a previously approved deferment, as applicable, pursuant to section five of this article.
(b) Review; determination; appeal. - The county commission shall complete its review and issue its determination as soon as practicable after receipt of the notice of appeal, but in no event later than the twenty-eighth day of February following the tax year for which the deferment was sought. In conducting its review, the county commission may hold a hearing on the application. The assessor or the owner may apply to the circuit court of the county for review of the determination of the county commission in the same manner as is provided for appeals from the county commission in section twenty-five, article three of this chapter.
§11-6H-7. Termination of deferment.
Any deferment approved in accordance with the provisions of section five of this article shall terminate immediately when any of the following events occur:
(1) The death of the owner of the property for which the deferment was authorized;
(2) The sale of the property for which the deferment was approved;
(3) A determination by the assessor that the property for which the deferment was approved no longer qualifies for the deferment in accordance with the provisions of this article;
(4) The owner of the property for which the deferment was approved fails to maintain a fire insurance policy on the property that, if the property is destroyed, is sufficient to pay all debts for which the property is used as collateral and all tax increments that have been deferred, including accrued interest and other charges provided by law;
(5) The owner of the property for which the deferment was approved fails to maintain a flood insurance policy that, if the property is destroyed, is sufficient to pay all debts for which the property is used as collateral and all tax increments that have been deferred, including accrued interest and other charges provided by law: Provided, That the provisions of this subdivision shall apply only to the following property: (A) Property within a flood elevation that has a one percent chance of being equaled or exceeded each year, as determined by the federal Emergency Management Agency; (B) property within a one hundred year floodplain as designated by the federal Emergency Management Agency; or (C) property within a special flood hazard area as determined by the federal Emergency Management Agency or as shown on the most current National Flood Insurance Program flood hazard boundary map, flood insurance rate map, or flood boundary and floodway map; or
(6) The tax increments deferred from payment, including any accrued interest and other charges provided by law, are paid in full.
§11-6H-8. Property tax books; lien on property.
(a) Property book entry. - The amount deferred from payment of the tax increment shall be shown and continued on the property books until paid.
(b) Lien; statement to homestead owner. - The amount of the tax increment deferred from payment, and the interest thereon and other charges as provided by law, shall be a lien on the real property for which the tax was assessed that continues until paid in full, and is not subject to the requirements for the collection of taxes provided in chapter eleven-a of this code. For purposes of this article, the interest to be charged shall be at the interest rate specified in subsection (a), section three, article one, chapter eleven-a of this code.
(c) When lien is to be paid. - The lien required by this section shall be paid no later than ninety days following the occurrence of any one of the events set forth in section seven of this article.
(d) Limitation on execution on lien and limitation on transfer of lien. -- No county or levying body nor any official, agent or representative thereof, shall execute upon, or collect upon any lien created pursuant to this article, until one of the conditions for termination of deferment set forth in section seven of this article has occurred. No county or levying body nor any official, agent or representative thereof, shall assign, or transfer any right to execute upon or collect upon any such lien to any other person or entity until one of the conditions for termination of deferment set forth in section seven of this article has occurred.
§11-6H-9. Forms, instructions and regulations.
The Tax Commissioner shall prescribe and supply all necessary instructions and forms for administration of this article. Additionally, the Tax Commissioner may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, as the Tax Commissioner considers necessary for the implementation of this article.
§11-6H-10. Criminal penalties; restitution.
(a) False or fraudulent claim for deferment. - Any owner who willfully files a fraudulent application for deferment, and any person who knowingly assisted in the preparation or filing of such fraudulent application for deferment or who knowingly supplied information upon which the fraudulent application for deferment was prepared or allowed, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than two hundred fifty nor more than five hundred dollars, or imprisoned in jail for not more than one year, or both fined and imprisoned.
(b) Failure to notify assessor. - Any owner who knowingly, prior to the next first day of July, fails to notify the assessor of the county wherein property subject to the tax increment deferment is located, that title to that property or a portion thereof was transferred by deed, grant, sale, gift, will or by the laws of this state regulating descent and distribution, or that the property is no longer used and occupied for residential purposes exclusively by the owner, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one thousand dollars or imprisoned in jail for not more than one year or both fined and imprisoned.
(c) In addition to the criminal penalties provided above, upon conviction of any of the above offenses, the court shall order that the defendant make restitution unto the county for all taxes not paid due to an improper deferment, or continuation of a deferment, for the owner and interest thereon at the legal rate until paid.
§11-6H-11. Severability.
If any provision of this article or the application thereof to any person or circumstance is held unconstitutional or invalid, such unconstitutionality or invalidity does not affect, impair or invalidate other provisions or applications of the article, and to this end the provisions of this article are declared to be severable.
ARTICLE 21. PERSONAL INCOME TAX.
§11-21-24. Senior citizen property tax relief credit.
(a) Definitions. -- As used in this section, the following terms shall have the meaning ascribed to them in this subsection, unless the context in which the term is used clearly requires a different meaning or a specific different definition is provided:
(1) 'Assessed value' means the value of property as determined under article three of this chapter.
(2) 'Real property taxes paid' means, for the tax years beginning on or after the first day January, two thousand nine, the aggregate of regular levies, excess levies and bond levies extended against the homestead that are paid during the calendar year and determined after any application of any discount for early payment of taxes but before application of any penalty or interest for late payment of property taxes.
(3) 'Senior citizen property tax relief tax credit' means the tax credit authorized under this section.
(4) 'Gross household income' means gross household income as defined in section twenty- three of this article.
(5) 'Homestead' means a homestead qualified for the homestead property tax exemption authorized in article six-b of this chapter, but limited to a single family residential house, including a mobile or manufactured or modular home, and the land, not exceeding one acre, surrounding such structure that is owned by the owner of the single family residential house, including a mobile or manufactured or modular home; or a mobile or manufactured or modular home regardless of whether the land upon which such mobile or manufactured or modular home is situated is owned by another.
(6) 'Owner' or 'homeowner' means the person who is possessed of the homestead, whether in fee or for life. A person seized or entitled in fee subject to a mortgage or deed of trust shall be considered the owner. A person who has an equitable estate of freehold, or is a purchaser of a freehold estate who is in possession before transfer of legal title shall also be considered the owner. Personal property mortgaged or pledged shall, for the purpose of taxation, be considered the property of the party in possession.
(7) 'Sixty-five years of age or older' includes a person who attains the age of sixty-five on or before the thirtieth day of June following the July first assessment day.
(8) 'Tax increment' means the increase of ad valorem taxes assessed on the homestead, determined as the difference between the ad valorem taxes assessed on the homestead for the current tax year and the ad valorem taxes assessed on the homestead for the tax year immediately preceding the tax year for which the taxpayer's application for tax credit specified in this section is approved by the assessor, or otherwise finally approved in accordance with the provisions of this article.
(9) 'Tax year' means the property tax calendar year following the July first assessment day.
(10) 'Used and occupied exclusively for residential purposes' means that the property is used as an abode, dwelling or habitat for more than six consecutive months of the calendar year prior to the date of application by the owner thereof; and that subsequent to making application for tax credit, the property is used only as an abode, dwelling or habitat to the exclusion of any commercial use.
(b) Refundable credit. -- Subject to the requirements and limitations of this section, for the tax years beginning on or after the first day of January, two thousand nine, any homeowner having a gross household income equal to or less than twenty-five thousand dollars for the tax year, living in his or her homestead shall be allowed a refundable credit against the taxes imposed by this article equal to the amount of real property taxes paid that are attributable to the tax increment of ad valorem taxes assessed under the authority of article three of this chapter on the homestead: Provided, That the gross household income shall be adjusted annually in accordance with the consumer price index. The credit shall be applied against the personal income tax in the personal income tax year of the taxpayer when the property tax increment was actually paid.
(1) Due to the administrative cost of processing, the refundable credit authorized by this section may not be refunded if less than ten dollars.
(2) The credit for each property tax year shall be claimed by filing a claim for refund within twelve months after the real property taxes are paid on the homestead.
(3) Notwithstanding the provisions of section twenty-one or section twenty-three of this article, for property tax years that begin on or after the first day of January, two thousand nine, a homeowner is eligible to benefit from this section, section twenty-one, or section twenty-three of this article, whichever section provides the most benefit as determined by the homeowner. No homeowner may receive benefits under this section, section twenty-one, or section twenty-three of this article, during the same taxable year. Nothing in this section shall be interpreted to deny any lawfully entitled taxpayer of the homestead exemption provided in section three, article six-b of this chapter.
(c) Qualification for credit. -
(1) The following homesteads shall qualify for the tax credit provided in this section:
(A) Any homestead owned by an owner sixty-five years of age or older and used and occupied exclusively for residential purposes by such owner; and
(B) Any homestead that:
(i) Is owned by an owner sixty-five years of age or older who, as a result of illness, accident or infirmity, is residing with a family member or is a resident of a nursing home, personal care home, rehabilitation center or similar facility;
(ii) Was most recently used and occupied exclusively for residential purposes by the owner or the owner's spouse; and
(iii) Has been retained by the owner for noncommercial purposes.
(2) (A) For tax years commencing on or after the first day of January, two thousand nine, the owner of a homestead meeting the qualifications set forth in subdivision (1) of this subsection may apply for a tax credit in the amount of the tax increment of ad valorem taxes assessed under the authority of article three of this chapter on the homestead, subject to the limitations set forth in this section: Provided, That the tax credit may be authorized only when the tax increment is the greater of three hundred dollars or ten percent or more.
(B) In lieu of the tax credit authorized under this section, a taxpayer entitled to such credit may elect to instead apply the deferment of the tax increment authorized pursuant to article six-h of this chapter. Any taxpayer making such election shall be fully subject to the terms and limitations set forth in article six-h of this chapter.
(d) Application for tax credit; renewals; waiver of tax credit. --
(1) General. -- No tax credit may be allowed under this section unless an application for tax credit is filed with the assessor of the county in which the homestead is located, on or before the first day of November following mailing of the tax ticket in which the tax increment that is the subject of the application is contained, such tax ticket being mailed pursuant to section eight, article one, chapter eleven-a of this code. In the case of sickness, absence or other disability of the owner, the application may be filed by the owner or his or her duly authorized agent.
(2) Renewals. -- After the owner has filed an application for tax credit with his or her assessor, there shall be no need for that owner to refile an application for the tax credit. However, the taxpayer shall in all cases be required to file a personal income tax return in order to claim the credit in any tax year.
(e) Determination; notice of denial of application for tax credit. --
(1) The assessor shall, as soon as practicable after an application for tax credit is filed, review that application and either approve or deny it. If the application is denied, the assessor shall promptly, but not later than the first day of January, serve the owner with written notice explaining why the application was denied and furnish a form for filing with the county commission, should the owner desire to take an appeal. The notice required or authorized by this section shall be served on the owner or his or her authorized representative either by personal service or by certified mail. The assessor shall approve or disapprove an application for tax credit within thirty days of receipt. Any application not approved or denied within thirty days is deemed approved.
(2) In the event that the assessor has information sufficient to form a reasonable belief that an owner, after having been originally granted a tax credit, is no longer eligible for the tax credit, he or she shall, within thirty days after forming this reasonable belief, revoke the tax credit and serve the owner with written notice explaining the reasons for the revocation and furnish a form for filing with the county commission should the owner desire to take an appeal.
(f) Appeals procedure. -
(1) Notice of appeal; thirty days. - Any owner aggrieved by the denial of his or her claim for application for tax credit or the revocation of a previously approved tax credit may appeal to the county commission of the county within which the property is situated. All such appeals shall be filed within thirty days after the owner's receipt of written notice of the denial of an application or the revocation of a previously approved tax credit, as applicable, pursuant to subsection (e) of this section.
(2) Review; determination; appeal. - The county commission shall complete its review and issue its determination as soon as practicable after receipt of the notice of appeal, but in no event later than the twenty-eighth day of February following the tax year for which the tax credit was sought. In conducting its review, the county commission may hold a hearing on the application. The assessor or the owner may apply to the circuit court of the county for review of the determination of the county commission in the same manner as is provided for appeals from the county commission in section twenty-five, article three of this chapter.
(g) Termination of tax credit. -
(1) Any tax credit approved in accordance with the provisions of this section shall terminate immediately when any of the following events occur:
(A) The death of the owner of the property for which the tax credit was authorized;
(B) The sale of the property for which the tax credit was approved; or
(C) A determination by the assessor that the property for which the tax credit was approved no longer qualifies for the tax credit in accordance with the provisions of this section.
(h) Forms, instructions and regulations. - The Tax Commissioner shall prescribe and supply all necessary instructions and forms for administration of this section. Additionally, the Tax Commissioner may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, as the Tax Commissioner considers necessary for the implementation of this section.
(i) Criminal penalties; restitution. -
(1) False or fraudulent claim for tax credit. - Any owner who willfully files a fraudulent application for tax credit, and any person who knowingly assisted in the preparation or filing of such fraudulent application for tax credit or who knowingly supplied information upon which the fraudulent application for tax credit was prepared or allowed, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than two hundred fifty nor more than five hundred dollars, or imprisoned in jail for not more than one year, or both fined and imprisoned.
(2) In addition to the criminal penalties provided above, upon conviction of any of the above offenses, the court shall order that the defendant make restitution unto this state for all taxes not paid due to an improper tax credit, or continuation of a tax credit, for the owner and interest thereon at the legal rate until paid."
The bill was then ordered to third reading.
S. B. 253, Defining "survey foot"; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 349, Authorizing Miscellaneous Boards and Agencies promulgate legislative rules; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page five, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 9. AUTHORIZATION FOR MISCELLANEOUS AGENCIES AND BOARDS TO PROMULGATE LEGISLATIVE RULES.

§64-9-1. Board of Acupuncturists.
(a) The legislative rule filed in the State Register on the seventeenth day of July, two thousand seven, authorized under the authority of section seven, article thirty-six, chapter thirty of this code, modified by the Board of Acupuncture to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the sixth day of November, two thousand seven, relating to the Board of Acupuncture (disciplinary and complaint procedures for acupuncturists, 32 CSR 7), is authorized with the following amendment:".
On page one, by striking out subsection 3.7. and renumbering the remaining subsection.
And,
On page seven, section five, by striking out the section caption and inserting in lieu thereof a new section caption, to read as follows:
"32-7-5. Complaint Disposition.
(b) The legislative rule filed in the State Register on the seventeenth day of July, two thousand seven, authorized under the authority of section seven, article thirty-six, chapter thirty of this code, modified by the Board of Acupuncture to meet the objections of the Legislative Rule- Making Review Committee and refiled in the State Register on the sixth day of November, two thousand seven, relating to the Board of Acupuncture (continuing education requirements, 32 CSR 9), is authorized with the following amendment:".
On page two, subsection 5.2., after the word "shall" by inserting the word "assign".
And,
On page three, subsection 7.1., by striking out the word "fourty-eight" and inserting in lieu thereof the word "forty-eight".
§64-9-2. Commissioner of Agriculture.
(a) The legislative rule filed in the State Register on the twenty-fourth day of July, two thousand seven, authorized under the authority of section four, article sixteen-a, chapter nineteen of this code, relating to the Commissioner of Agriculture (fee structure for the Pesticide Control Act of 1990, 61 CSR 12), is authorized.
(b) The legislative rule filed in the State Register on the twenty-ninth day of June, two thousand seven, authorized under the authority of section five, article two-c, chapter nineteen of this code, modified by the Commissioner of Agriculture to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-eighth day of August, two thousand seven, relating to the Commissioner of Agriculture (auctioneers, 61 CSR 11B), is authorized with the following amendment:
On page one, subsection 3.1., by striking out the word 'applicant's' and inserting in lieu thereof the word 'applicant'.
(c) The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand seven, authorized under the authority of section three, article twelve, chapter nineteen of this code, modified by the Commissioner of Agriculture to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-seventh day of August, two thousand seven, relating to the Commissioner of Agriculture (West Virginia Plant Pest Act, 61 CSR 14), is authorized.
(d) The legislative rule filed in the State Register on the twenty-sixth day of June, two thousand seven, authorized under the authority of section three, article two-b, chapter nineteen of this code, relating to the Commissioner of Agriculture (inspection of meat and poultry, 61 CSR 16), is authorized.
(e) The legislative rule filed in the State Register on the twenty-fourth day of July, two thousand seven, authorized under the authority of section ten, article eleven-b, chapter nineteen of this code, relating to the Commissioner of Agriculture (frozen desserts and imitation frozen desserts, 61 CSR 4B), is authorized.
§64-9-3. State Auditor.
(a) The legislative rule filed in the State Register on the twenty-fifth day of July, two thousand seven, authorized under the authority of section ten, article three, chapter twelve of this code, modified by the State Auditor to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the eighteenth day of October, two thousand seven, relating to the State Auditor (standards for requisitions for payment issued to state officers on the auditor, 155 CSR 1), is authorized.
(b) The legislative rule filed in the State Register on the twenty-fifth day of July, two thousand seven, authorized under the authority of section ten-a, article three, chapter twelve of this code, modified by the State Auditor to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the eighteenth day of October, two thousand seven, relating to the State Auditor (State Purchasing Card Program, 155 CSR 7), is authorized.
§64-9-4. Board of Dental Examiners.
The legislative rule filed in the State Register on the nineteenth day of July, two thousand seven, authorized under the authority of section six, article four, chapter thirty of this code, modified by the Board of Dental Examiners to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the seventeenth day of October, two thousand seven, relating to the Board of Dental Examiners (rule for the West Virginia Board of Dental Examiners, 5 CSR 1), is authorized.
§64-9-5. State Election Commission.
(a) The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand seven, authorized under the authority of section eight, article eight, chapter three of this code, modified by the State Election Commission to meet the objections of the Legislative Rule- Making Review Committee and refiled in the State Register on the seventh day of December, two thousand seven, relating to the State Election Commission (corporate political activity, 146 CSR 1), is authorized with the following amendment:
On page one, subsection 2.2., by striking out the words "'Contribution or Expenditure'" and inserting in lieu thereof the words "'Contribution' or 'Expenditure'";
On page one, subdivision 2.2.e., by striking out "WV" and inserting in lieu thereof "W. Va.";
On page three, subsection 3.1., line two, by striking out the word "series" and inserting in lieu thereof the word "rule";
On page four, subdivision 3.3.a., by striking out "WV" and inserting in lieu thereof "W. Va.";
On page four, paragraph 3.3.c.1., by striking out "WV" and inserting in lieu thereof "W. Va.";
On page four, paragraph 3.3.d.1., by striking out "WV" and inserting in lieu thereof "W. Va.";
On page five, paragraph 3.3.f.5., lines four and seven, by striking out the word "Paragraph" and inserting in lieu thereof the word "paragraph";
On page five, paragraph 3.3.f.5., lines five and seven, by striking out the word "subsection" and inserting in lieu thereof the word "subdivision";
On page five, paragraph 3.3.f.6., by striking out the words "the above regulations" and inserting in lieu thereof the words "this rule";
On page five, paragraph 3.3.f.7., by changing the colon to a comma and by striking out the words "Provided, that such" and inserting in lieu thereof the words "provided that the";
On page six, subsection 4.3., by striking out the words "The establishment, administration and solicitation of contributions to a Corporate Political Action Committee, by means and in amounts as herein specified:
4.3.a.";
On page seven, subdivision 4.4.a., by striking out the word "Section" and inserting in lieu thereof the word "subsection";
On page seven, subdivision 4.4.b., line five, by striking out the word "Section" and inserting in lieu thereof the word "subsection";
On page eight, subsection 5.1., by striking out "WV" and inserting in lieu thereof "W. Va.";
On page eight, subdivision 5.1.a., by striking out "5.1.a." and by adding the subsequent sentence to the end of subsection 5.1.;
On page eight, subdivision 5.2.b., by striking out "WV" and inserting in lieu thereof "W. Va.";
And,
On page nine, section seven, by striking out "7.1.".
(b) The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand seven, authorized under the authority of section five, article one-a, chapter three of this code, modified by the State Election Commission to meet the objections of the Legislative Rule- Making Review Committee and refiled in the State Register on the seventh day of December, two thousand seven, relating to the State Election Commission (regulation of campaign finance, 146 CSR 3), is authorized with the following amendment:
On page thirteen, by striking out section 14 in its entirety.
(c) The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand seven, authorized under the authority of section five, article one-a, chapter three of this code, modified by the State Election Commission to meet the objections of the Legislative Rule- Making Review Committee and refiled in the State Register on the seventh day of December, two thousand seven, relating to the State Election Commission (election expenditures, 146 CSR 4), is authorized with the following amendment:
On page four, by striking out sections 12 and 13 in their entirety.
§64-9-7. Board of Funeral Service Examiners.
The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand seven, authorized under the authority of section six, article six, chapter thirty of this code, modified by the Board of Funeral Service Examiners to meet the objections of the Legislative Rule- Making Review Committee and refiled in the State Register on the seventh day of December, two thousand seven, relating to the Board of Funeral Service Examiners (funeral director, embalmer, apprentice, courtesy card holder and funeral establishment requirements, 6 CSR 1), is authorized with the following amendment:
On page two, section two, by striking subdivision 2.8.6 in its entirety;
On page fifteen, section sixteen, subdivision 16.11.3, by striking the words and numbers 'two hundred dollars ($200)' and inserting in lieu thereof the words and numbers 'one hundred sixty dollars ($160.00)';
And,
On page sixteen, section sixteen, by striking subdivisions 16.11.15 and 16.11.16 in their entirety."
§64-9-8. Board of Hearing Aid Dealers.
The legislative rule filed in the State Register on the twenty-fifth day of July, two thousand seven, authorized under the authority of section three, article twenty-six, chapter thirty of this code, modified by the Board of Hearing Aid Dealers to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the third day of January, two thousand eight, relating to the Board of Hearing Aid Dealers (rules governing the West Virginia Board of Hearing Aid Dealers, 8 CSR 1), is authorized with the following amendment:
On page two, subsection 4.1., by striking out 'fifty dollars ($50.00)' and inserting in lieu thereof 'one hundred dollars ($100.00)';
On page two, subsection 4.3., by striking out 'forty dollars ($40.00)' and the remaining sentence and inserting in lieu thereof 'one hundred dollars ($100.00)';
On page two, subsection 4.5., by striking out 'one dollar ($1.00)' and inserting in lieu thereof 'ten dollars ($10.00)';
On page two, subsection 4.6., by striking out 'twenty-five dollars ($25.00)' and inserting in lieu thereof 'one hundred dollars ($100.00)';
On page three, subsection 4.7., by striking out 'fifty dollars ($50.00)' and inserting in lieu thereof 'one hundred dollars ($100.00)';
On page four, subsection 7.1., after the words 'the prospective customer:' by striking out the remainder of the subsection and inserting in lieu thereof the following: The purchaser has been advised at the outset of his relationship with the hearing aid dealer that any examination of representation made by a licensed hearing aid dealer in connection with the practice of fitting this hearing aid is not an examination, diagnosis or prescription by a person licensed to practice medicine in this state and therefore must not be regarded as medical opinion.;
On page four, subdivision 7.5.d., by striking out the words 'be required to advise in writing' and inserting in lieu thereof the word 'determine';
On page four, by striking out all of subsection 7.6. and renumbering the remaining subsections;
On page five, subsection 8.2., by striking out all of subdivisions (i) and (j) and re-lettering the remaining subdivision;
On page five, by striking out all of subsection 8.5;
On page six, subsection 9.4., by striking out the words 'terms 'Certified Member' or 'Certified Hearing Aid Audiologist'' and inserting in lieu thereof the words 'term 'Certified Member';
On page six, after subsection 9.6., by adding thereto a new subsection, to read as follows:
'9.7. The hearing aid dealer must prominently display the following advisement: 'Consumers may contact the West Virginia Board of Hearing Aid Dealers at 167 11th Avenue, South Charleston, WV 25303, if the consumer believes that the hearing aid dealer has not satisfied the terms of the contract.';
On page seven, subsection 12.2., after the words 'body of the purchase agreement:' by striking out the remainder of the subsection and inserting in lieu thereof the following: 'You have the right to return the hearing aid to the dealer from whom it was purchased at anytime within thirty (30) days after receipt of the aid and rescind the purchase agreement except for reasonable fitting and examination charges ($125.00 maximum fitting charge), if the aid does not function properly or cannot be adjusted to correct the deficiency in your hearing or is otherwise unsatisfactory. The aid so returned must be without damage.';
And,
On page seven, by striking out all of subsection 12.4. and renumbering the remaining subsections.
§64-9-9. Massage Therapy Licensure Board.
The legislative rule filed in the State Register on the sixteenth day of July, two thousand seven, authorized under the authority of section six, article thirty-seven, chapter thirty of this code, relating to the Massage Therapy Licensure Board (general provisions, 194 CSR 1), is authorized.
§64-9-10. Medical Imaging and Radiation Therapy Technology Board of Examiners.
(a) The legislative rule filed in the State Register on the eighteenth day of July, two thousand seven, authorized under the authority of section seven, article twenty-three, chapter thirty of this code, modified by the Medical Imaging and Radiation Therapy Technology Board of Examiners to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the sixteenth day of October, two thousand seven, relating to the Medical Imaging and Radiation Therapy Technology Board of Examiners (rule of the Medical Imaging and Radiation Therapy Technology Board of Examiners, 18 CSR 1), is authorized.
(b) The legislative rule filed in the State Register on the eighteenth day of July, two thousand seven, authorized under the authority of section seven, article twenty-three, chapter thirty of this code, modified by the Medical Imaging and Radiation Therapy Technology Board of Examiners to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the sixteenth day of October, two thousand seven, relating to the Medical Imaging and Radiation Therapy Technology Board of Examiners (continuing education, 18 CSR 2), is authorized with the following amendment:
On page one, subsection 1.2., by striking out '30-7A-5 &64-9-17(h)' and inserting in lieu thereof '30-23-7';
And,
On page five, subdivision 3.4.1., by striking out the words 'Grand fathered' and inserting in lieu thereof the word 'grandfathered'.
(c) The legislative rule filed in the State Register on the eighteenth day of July, two thousand seven, authorized under the authority of section seven, article twenty-three, chapter thirty of this code, modified by the Medical Imaging and Radiation Therapy Technology Board of Examiners to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the sixteenth day of October, two thousand seven, relating to the Medical Imaging and Radiation Therapy Technology Board of Examiners (standard of ethics, 18 CSR 5), is authorized.
§64-9-11. Board of Medicine.
(a) The legislative rule filed in the State Register on the tenth day of July, two thousand seven, authorized under the authority of section seven, article three, chapter thirty of this code, relating to the Board of Medicine (continuing education for physicians and podiatrists, 11 CSR 6), is authorized with the following amendment:
On page on, subsection 2.1., by striking out the number '1993' and inserting in lieu thereof the number '2008';
On page one, subsection 2.1., by striking out the words 'At least thirty (30) hours of the hours must be related to the physician's area or areas of specialty.' and inserting in lieu thereof the following: 'Beginning July 1, 2008, at least thirty (30) hours of the continuing medical education hours must be related to the physician's area or areas of specialty.';
And,
On page two, subsection 2.3., by striking out the words 'At least thirty (30) hours of the hours must be related to the podiatrist's area or areas of specialty.' and inserting in lieu thereof the following: 'Beginning July 1, 2008, at least thirty (30) hours of the continuing podiatric education hours must be related to the podiatrist's area or areas of specialty.'.
(b) The legislative rule filed in the State Register on the sixteenth day of November, two thousand six, authorized under the authority of section twenty-eight, article five, chapter thirty of this code, modified by the Board of Medicine to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the tenth day of October, two thousand seven, relating to the Board of Medicine (collaborative pharmacy practice, 11 CSR 8), is authorized.
(c) The legislative rule filed in the State Register on the nineteenth day of July, two thousand seven, authorized under the authority of section seven-a, article three, chapter thirty of this code, modified by the Board of Medicine to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-ninth day of November, two thousand seven, relating to the Board of Medicine (certification, disciplinary and complaint procedures, continuing education and radiologist assistants, 11 CSR 9), is authorized.
§64-9-12. Nursing Home Administrators Licensing Board.
The legislative rule filed in the State Register on the thirteenth day of June, two thousand seven, authorized under the authority of section seven, article twenty-five, chapter thirty of this code, modified by the Nursing Home Administrators Licensing Board to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-eighth day of August, two thousand seven, relating to the Nursing Home Administrators Licensing Board (nursing home administrators, 21 CSR 1), is authorized with the following amendment:
On page six, subdivision 4.2.1.a., after the words 'Emeritus State Administrators' by striking out the remainder of the subdivision and inserting in lieu thereof the words 'shall obtain annually at least ten (10) clock hours of continuing education approved as provided in subsection 4.2.1. of this rule.'.
§64-9-13. Pharmaceutical Cost Management Council.
The legislative rule filed in the State Register on the ninth day of July, two thousand seven, authorized under the authority of section fifteen, article three-c, chapter five-a of this code, modified by the Pharmaceutical Cost Management Council to meet the objections of the Legislative Rule- Making Review Committee and refiled in the State Register on the fourteenth day of January, two thousand eight, relating to the Pharmaceutical Cost Management Council(prescription drug advertising expense reporting, 206 CSR 1), is authorized.
§64-9-14. Board of Professional Surveyors.
(a) The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand seven, authorized under the authority of section six, article thirteen-a, chapter thirty of this code, modified by the Board of Professional Surveyors to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the nineteenth day of December, two thousand seven, relating to the Board of Professional Surveyors (examination and licensing of professional surveyors in West Virginia, 23 CSR 1), is authorized with the following amendment:
On page one, subsection 1.2., by striking out '30-13A-5(13)' and inserting in lieu thereof '30- 13A-6';
On page two, subsection 2.10., after the word 'Board', by inserting a period and striking out the remainder of that subsection.
On page four, subdivision 3.1.d., after the word 'data' by striking out the words 'education and employment history';
On page five, subdivision 3.4.a.3., after the words 'of the examination', by striking out the word 'for' and inserting in lieu thereof the word 'after';
On page eight, subdivision 5.2.c. after the word 'certificate' by striking out the word 'shall' and inserting in lieu thereof the word 'may';
On page nine, subdivision 5.2.f.3. after the word 'examination' by striking the word 'for' and inserting in lieu thereof the word 'after';
On page nine, subdivision 5.3.c. after the underlined word 'shall' by adding the word 'conspicuously';
On page ten, after subdivision 5.3.e. by adding a new subdivision, designated 5.3.f., to read as follows: 'A wallet card shall be issued simultaneously to be kept on the licensee's person.';
And,
On page ten, subdivision 5.5.c, in the second sentence, after the word 'months' by striking the word 'shall' and inserting in lieu thereof the word 'may'.
(b) The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand seven, authorized under the authority of section five, article thirteen-a, chapter thirty of this code and section six of said article, modified by the Board of Professional Surveyors to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the nineteenth day of December, two thousand seven, relating to the Board of Professional Surveyors (fees for surveyors and surveying firms, 23 CSR 4), is authorized with the following amendment:
On page one, subsection 1.2., after "30-13A-5(13)" by inserting " and §30-13A-6;";
On page three, section 4, after the words "PS License (Active or Inactive)", by striking out "$150.00" and inserting in lieu thereof "$100.00";
On page three, section 4, by striking out the colon and the following:
"Less than ten(10) employees
$150.00"

"Ten (10) employees to less than fifty (50)
$250.00"

"Fifty (50) employees or more
$500.00"

and inserting in lieu thereof "$100.00";
And,
On page four, subdivision 4.5.i. after the words 'Returned Check Fee' by striking the figure '$40.00' and inserting in lieu thereof the following 'Maximum allowable by WV Code'.
(c) The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand seven, authorized under the authority of section six, article thirteen-a, chapter thirty of this code, modified by the Board of Professional Surveyors to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the nineteenth day of December, two thousand seven, relating to the Board of Professional Surveyors (standards for practice of surveying in West Virginia, 23 CSR 5), is authorized with the following amendment:
On page one, subsection 1.2., by striking out '5' and inserting in lieu thereof '6'.
§64-9-15. Public Service Commission.
The legislative rule filed in the State Register on the twenty-sixth day of September, two thousand six, authorized under the authority of section six-b, article six, chapter twenty-four of this code, relating to the Public Service Commission (emergency telephone service, 150 CSR 25), is authorized with the following amendment:
On page one, subsection 2.1., line one, by striking out 'these rules' and inserting in lieu thereof 'this rule';
On page one, subsection 2.1., line six, by striking out 'these rules' and inserting in lieu thereof 'this rule';
On page four, subsection 2.27., following the words 'the Speaker of the House of Delegates or that person's designee' by adding a comma and the words 'as a non-voting member';
On page four, subsection 2.27., following the words 'the Senate President or that person's designee' by adding a comma and the words 'as a non-voting member';
On page eight, subsection 5.1., by striking out '5.1.a.' and inserting in lieu thereof '5.2.' and by renumbering the remaining subsections accordingly;
On page ten, section seven, by striking out '7.1.';
On page twelve, section twelve, by striking out '12.1.';
On page sixteen, subdivision 13.5.d, at the end of the second line, following the word 'least', by striking the word 'five' and inserting in lieu thereof the words 'four voting';
And,
On page sixteen, by striking subsection 13.6. in its entirety.
§64-9-16. Secretary of State.
The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand seven, authorized under the authority of section three, article three, chapter thirty-nine-a of this code, modified by the Secretary of State to meet the objections of the Legislative Rule- Making Review Committee and refiled in the State Register on the ninth day of October, two thousand seven, relating to the Secretary of State (use of digital signatures, state certificate authority and state repository, 153 CSR 30), is authorized with the following amendment:
On page two, subsection 3.3., by striking out the words 'and approved by';
On page two, subsection 3.3., after the word 'Technology', by changing the comma to a period, striking out the words 'through its chief technology officer or his or her designee,' and inserting in lieu thereof the words 'The specifications must be approved by the Office of Technology';
On page four, subsection 6.2., after the word 'Technology', by striking out the comma and the words 'through its chief technology officer or his or her designee';
On page four, subdivision 7.1.h., after the word 'The' by inserting the words 'Secretary of State may ask or enter into an agreement with the';
On page four, subdivision 7.1.h., after the word 'Technology', by striking out the comma and the words 'through its chief technology officer or his or her designee, shall' and inserting in lieu thereof the word 'to';
On page four, subdivision 7.1.h., after the word 'and' by inserting the word 'to';
On page five, subsection 7.3., by striking out the words 'Office of Technology, through its chief technology officer or his or her designee,' and by inserting the words 'Secretary of State';
On page five subsection 7.3., by striking out the words 'for a term no less that one year';
On page five subsection 7.3., after the period, by inserting the words 'The Secretary of State may defer to the Office of Technology his or her authority to initiate the procurement process.';
On page five, subsection 7.4., after the word 'The', by inserting the words 'Secretary of State may ask or enter into an agreement with the';
On page five, subsection 7.4., by striking out the word 'shall' and inserting in lieu thereof the word 'to';
On page five, subsection 7.4., by striking out the words 'Secretary of State' and inserting in lieu thereof the words 'him or her';
And,
On page five, subdivision 7.5.a., by striking out the words 'The Office of Technology, through its chief technology officer or his or her designee, shall inform the Secretary of State' and insert in lieu thereof the words 'The Secretary of State may ask or enter into an agreement with the Office of Technology to inform him or her'.
§64-9-17
Board of Examiners for Speech-Language Pathology and Audiology.

(a) The legislative rule filed in the State Register on the twenty-seventh day of June, two thousand seven, authorized under the authority of section ten, article thirty-two, chapter thirty of this code, modified by the Board of Examiners for Speech-Language Pathology and Audiology to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the fifth day of December, two thousand seven, relating to the Board of Examiners for Speech- Language Pathology and Audiology (licensure of speech-pathology and audiology, 29 CSR 1), is authorized with the following amendment:
On page two, section 6.1.b., by striking the word 'five' and reinserting in lieu thereof the word, 'ten';
And,
On page twenty, section 13.11., after the word 'licensure' and the period, by striking out the remainder of the rule.
(b) The legislative rule relating to the Board of Examiners for Speech-Language Pathology and Audiology (Code of Ethics, 29 CSR 5), is authorized as follows:
'
29 CSR 5

West Virginia Board of Examiners for Speech-Language Pathology and Audiology Code of Ethics

§29-5-1. General.
1.1. Scope. - This legislative rule establishes standards of conduct speech-language pathologist or audiologist in the State of West Virginia.
1.2. Authority. - W.Va. Code §30-32-10
1.3. Filing Date. -
1.4. Effective Date. --
1.5. Preamble: The preservation of the highest standards of integrity and ethical principles is vital to the responsible discharge of obligations in the professions of Speech-Language Pathology and Audiology. This code of Ethics sets forth the fundamental principles and rules considered essential to this purpose. Every individual who is licensed by this Board as a Professional, Provisional or a Speech or Audiology Assistant.
§29.5.2. Licensed by this Board as a Professional, Provisional or a Speech or Audiology Assistant.
2.1. Any action that violates the spirit and purpose of this Code shall be considered unethical. Failure to specify any particular responsibility or practice in this Code of Ethics shall not be construed as denial of the existence of such responsibilities or practices.
2.2. The fundamentals of ethical conduct are described by Principles of Ethics and Rules of Ethics as they relate to responsibility to persons served, to the public, and to the professions of speech-language pathology and audiology.
2.3. Principles of Ethics, aspirational and inspirational in nature, form the underlying moral basis for the Code of Ethics. Licensees shall observe these principles as affirmative obligations under all conditions of professional activity. Rules of Ethics are specific statements of minimally acceptable professional conduct or of prohibitions and are applicable to all licensees.
2.4. Principle of Ethics I
2.4.a. Licensees shall honor their responsibility to hold paramount the welfare of persons they serve professionally.
2.4.b. Rules of Ethics
2.4.b.1. Licensees shall provide all services competently.
2.4.b.2. Licensees shall use every resource, including referral when appropriate, to ensure that high-quality service is provided.
2.4.b.3. Licensees shall not discriminate in the delivery of professional services on the basis of race ethnicity, gender, age, religion, national origin, sexual orientation, or disability.
2.4.b.4. Licensees shall fully inform the persons they serve of the nature and possible effects of services rendered and products dispensed.
2.4.b.5. Licensees shall evaluate the effectiveness of services rendered and of products dispensed and shall provide services or dispense products only when benefit can be reasonably expected.
2.4.b.6. Licensees shall not guarantee the results of any treatment or procedure, directly or by implication; however, they may make a reasonable statement of prognosis.
2.4.b.7. Licensees shall not evaluate or treat speech, language, or hearing disorders solely by correspondence.
2.4.b.8. Licensees shall maintain adequate records of professional services rendered and products dispensed and shall allow access to these records when appropriately authorized.
2.4.b.9. Licensees shall not reveal, without authorization, any professional or personal information about the person served professionally, unless required by law to do so, or unless doing so is necessary to protect the welfare of the person or of the community.
2.4.b.10. Licensees shall not charge for services not rendered, nor shall they misrepresent, in any fashion, services rendered or products dispensed.
2.4.b.11. Licensees shall use persons in research or as subjects of teaching demonstrations only with their informed consent.
2.4.b.12. Licensees whose professional services are adversely affected by substance abuse or other health-related conditions shall seek professional assistance and, where appropriate, withdraw from the affected areas of practice.
2.5. Principles of Ethics II
2.5.a.. Licensees shall honor their responsibility to achieve and maintain the highest level of professional competence.
2.5.b. Rules of Ethics
2.5.b.1. Licensees shall engage in the provision of clinical services only when they hold the appropriate license or when they are in the licensure process and are supervised by an individual who holds the appropriate license.
2.5.b.2. Licensees shall engage in only those aspects of the professions that are within the scope of their competence, considering their level of education, training, and experience.
2.5.b.3. Licensees shall continue their professional development throughout their careers.
2.5.b.4. Licensees shall delegate the provision of clinical services only to persons who are licensed or to persons in the education or licensure process who are appropriately supervised. The provision of support services may be delegated to persons who are neither licensed nor in the licensure process only when a license holder provides appropriate supervision.
2.5.b.5. Licensees shall prohibit any of their professional staff from providing services that exceed the staff member's competence, considering the staff member's level of education, training, and experience.
2.5.b.6. Licensees shall ensure that all equipment used in the provision of services is in proper working order and is properly calibrated.
2.6. Principle of Ethics III
2.6.a. Licensees shall honor their responsibility to the public by promoting public understanding of the professions, by supporting the development of services designed to fulfill the unmet needs of the public, and by providing accurate information in all communications involving any aspect of the professions.
2.6.b. Rules of Ethics
2.6.b.1. Licensees shall not misrepresent their credentials, competence, education, training, or experience.
2.6.b.2. Licensees shall not participate in professional activities that constitute a conflict of interest.
2.6.b.3. Licensees shall not misrepresent diagnostic information, services rendered, or products dispensed or engage in any scheme or artifice to defraud in connection with obtaining payment or reimbursement for such services or products.
2.6.b.4. Licensees' statements to the public shall provide accurate information about the nature and management of communication disorders, about the professions, and about professional services.
2.6.b.5. Licensees' statements to the public -- advertising, announcing, and marketing their professional services, reporting research results, and promoting products -- shall adhere to prevailing professional standards and shall not contain misrepresentations.
2.7. Principle of Ethics IV
2.7.a. Licensees shall honor their responsibilities to the professions and their relationships with colleagues, students, and members of allied professions. Licensees shall uphold the dignity and autonomy of the professions, maintain harmonious interprofessional and intraprofessional relationships, and accept the professions' self-imposed standards.
2.7.b. Rules of Ethics
2.7.b.1. Licensees shall prohibit anyone under their supervision from engaging in any practice that violates the Code of Ethics.
2.7.b.2. Licensees shall not engage in dishonesty, fraud, deceit, misrepresentation, or any form of conduct that adversely reflects on the professions or on the licensee's fitness to serve persons professionally.
2.7.b.3. Licensees shall assign credit to only those licensees who have contributed to a publication, presentation, or product. Credit shall be assigned in proportion to the contribution and only with the contributor's consent.
2.7.6.4. Licensee's statements to colleagues about professional services, research results, and products shall adhere to prevailing professional standards and shall contain no misrepresentations.
2.7.b.5. Licensees shall not provide professional services without exercising independent professional judgment, regardless of referral source or prescription.
2.7.b.6. Licensees shall not discriminate in their relationships with colleagues, students, and members of allied professions on the basis of race or ethnicity, gender, age, religion, national origin, sexual orientation, or disability.
2.7.b.7. Licensees who have reason to believe that the Code of Ethics has been violated shall inform the West Virginia Board of Examiners.
2.7.b.8. Licensees shall cooperate fully with the West Virginia Board of Examiners in its investigation and adjudication of matters related to this Code of Ethics.'.
§64-9-18. Board of Veterinary Medicine.

The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand seven, authorized under the authority of section four, article ten, chapter thirty of this code, modified by the Board of Veterinary Medicine to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the fourth day of January, two thousand eight, relating to the Board of Veterinary Medicine (the registration of veterinary technicians, 26 CSR 3), is authorized."
The bill was then ordered to third reading.
S. B. 466, Authorizing Water Development Authority to administer Dam Safety Rehabilitation Revolving Fund Loan Program; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 477, Increasing conservation officers' salaries and length of service; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, as reported by the Clerk and adopted, amending the bill on page______, section one-c, line _____, following the word "Corporal", by inserting the following "(10+ years)".
The bill was then ordered to third reading.
Delegate DeLong moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 316), and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Porter.
Absent And Not Voting: Mahan, Moore, Shook and Stemple.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 317), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Moore, Shook and Stemple.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 477) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for S. B. 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 compensation of conservation officers; providing an increase in length of service and base salaries for conservation officers; providing a hiring bonus for conservation officers; amending ranks of conservation officers; and eliminating provisions relating to certain other compensation."
Delegate DeLong moved that the bill take effect July 1, 2008.
On this question, the yeas and nays were taken (Roll No. 318), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Moore, Shook and Stemple.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 477) takes effect July 1, 2008.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 501, Transferring Stream Partners Fund from Division of Natural Resources to Department of Environmental Protection; having been read a first time in earlier proceedings today, was reported by the Clerk.
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. 319), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Moore, Shook and Stemple.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page two, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
"That §20-13-3, §20-13-4, §20-13-5 and §20-13-6 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 13. WEST VIRGINIA STREAM PARTNERS PROGRAM.
§20-13-3. West Virginia Stream Partners Program created; executive committee identified; program coordination.

There is hereby created The West Virginia stream partners program and within the division of natural resources there is hereby created the West Virginia stream partners program fund. Subject to annual appropriation of the Legislature into the West Virginia Stream Partners Program Fund, the program shall be jointly administered by the Division of Natural Resources, the division Department of Environmental Protection, the Division of Forestry and the West Virginia State Soil Conservation Agency. The director, secretary or commissioner of each of these administering agencies, or his or her designee, shall collectively constitute an executive committee to oversee the program. The Governor shall designate a member of the executive committee to serve as chair. The committee may designate a staff member from the existing staff of one of the administering agencies to coordinate the program on behalf of the executive committee. Pursuant to the provisions of article ten, chapter four of this code, the stream partners program and stream partners program fund shall continue to exist until the first day of July, two thousand six, unless sooner terminated, continued or reestablished by act of the Legislature..
§20-13-4. Stream partners program.
Money from the general revenue may be annually appropriated into the West Virginia stream partners program fund. The West Virginia stream partners program fund shall be used solely to provide grants to groups comprised of representatives located in the immediate area of the stream or streams being addressed that are dedicated to achieving the purpose stated in section two of this article. The grants shall be awarded by consensus of the executive committee in accordance with legislative rules promulgated by the division of environmental protection pursuant to article three, chapter twenty-nine-a of this code. Each grant shall be matched by the group of representatives with cash or in-kind services in, at least, an amount equal to twenty percent of the grant: Provided, That no grant shall exceed the amount of five thousand dollars.
§20-13-5. Grant qualifications.
In order to qualify for grants from the West Virginia stream partners program fund, a group of representatives located in the immediate area of a stream or streams which qualify under section two of this article shall apply to the executive committee in accordance with the following requirements and in accordance with any other provision of this article or any applicable rule. The application shall:
(a) Identify the stream or streams to be restored, protected, utilized or enhanced;
(b) Identify the representatives of groups applying for funds and the financially responsible entity to receive funds, all from the geographic area immediately surrounding the stream or streams. These identified individuals shall represent the general public, industry, environmental groups, sportsmen, forestry, agriculture, local government, tourism, recreation and affected landowners, all located in the geographic area immediately surrounding the stream or streams;
(c) Demonstrate an ability to achieve within the grant year a specific improvement project that enhances the identified stream or streams; and
(d) Evidence a commitment to educate the citizens in the area of the identified stream or streams about the benefits of restoring, protecting and enhancing the stream or streams in a responsible manner.
§20-13-6. Administering agency support.
The administering agencies may provide staff and other resources as necessary to address the technical assistance and administrative needs of the West Virginia stream partners program and West Virginia stream partners program fund. This support may include the utilization of resources and formulation of policies to achieve the purpose set forth in section two of this article."
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 320), and there were--yeas 94, nays 2, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Ireland and Romine.
Absent And Not Voting: Mahan, Moore, Shook and Stemple.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 501) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:
S. B. 501 - "A Bill to amend and reenact §20-13-3, §20-13-4, §20-13-5 and §20-13-6 of the Code of West Virginia, 1931, as amended, relating to the Stream Partners Program; and eliminating provisions relating to the Stream Partners Program Fund."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 541, Continuing personal income tax adjustment to certain retirees' gross income; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 565, Relating to increased real property assessment notice; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page two, section two-a, line one, at the beginning of the paragraph, by inserting "(a)".
And,
On page four, section two-a, lines thirty-four through forty-seven, by re-inserting all the stricken language of subsection (b) in its entirety.
The bill was then ordered to third reading.
Delegate DeLong moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 321), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Moore, Shook and Stemple.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 322), and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Armstead.
Absent And Not Voting: Mahan, Moore, Shook and Stemple.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 565) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:
S. B. 565 - "A Bill to amend and reenact §11-3-2a of the Code of West Virginia, 1931, as amended, relating to notices of increased assessment; and requiring notice of an increase in the assessed valuation of real property only if the increase is one thousand dollars or more."
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 323), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Moore, Shook and Stemple.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 565) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for S. B. 634, Creating Military Authority Act; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page two, following the enacting section, by striking the remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 1I. THE WEST VIRGINIA MILITARY AUTHORITY ACT.
§15-1J-1. Short title.
This article shall be known and may be cited as the "West Virginia Military Authority Act."
§15-1J-2. Legislative findings.
The Legislature finds that the West Virginia National Guard is a unique entity that has a dual mission for both West Virginia and the United States. In this dual capacity, the West Virginia National Guard receives funds to administer programs, including the hiring of employees, that the federal government, including the Department of Defense, provides to the Guard in support of specific activities for various federal agencies for national security and homeland security purposes. These programs fulfill specific agency purposes and necessarily require continued funding by the federal government.
Additionally, the Guard continues to receive federal funding to develop and maintain capabilities to house, refurbish, rebuild and maintain military equipment and conduct other test and operational activities to support national and homeland security objectives. These activities require the Guard to hire persons who will be compensated, in whole or in part, with federal funds. It is further determined and declared that it is necessary for the Guard to develop and implement a procedure for hiring and management of nonmilitary employees to support its specific missions.
§15-1J-3. Definitions.
As used in this article, unless the content clearly indicates otherwise:
(a) 'Authority' means the West Virginia Military Authority.
(b) 'BRIM' means the West Virginia Board of Risk Management.
(c) 'Guard' means West Virginia National Guard, including its Army and Air components.
(d) 'Employee' means any person who, within the at-will employment relationship, is hired, performs duties and is paid a wage or salary which cost is, in whole or in part, reimbursed by the federal government pursuant to a contract or memorandum of understanding between the federal government and the Guard.
(e) 'PEIA' means Public Employee's Insurance Act.
(f) 'PERS' means Public Employee's Retirement System.

§15-1J-4. Establishment and general powers of the authority.
(a) The West Virginia Military Authority is hereby established to administer national security, homeland security and other military related programs that provide for the reimbursement, in whole or in part, of employee wages or salaries pursuant to a contract or memorandum of understanding between the federal government and the Guard. The authority to administer programs granted in this subsection shall terminate when federal funds are no longer available to provide reimbursement of salaries or wages.
(b) The authority will be administered by the Adjutant General and the Adjutant General's department.
(c) Funds provided by the federal government and any state funds authorized by appropriation of the Legislature used as a required match to secure federal funding for programs administered by the authority pursuant to this section shall be administered by the Adjutant General subject to the provisions of article eleven, chapter four of this code.
(d) Except as otherwise prohibited by statute, the authority, as a governmental instrumentality exercising public powers of the state, shall have and may exercise all powers necessary or appropriate to carry out the purpose of this article, including the authority to:
(1) Execute cooperative agreements between the Guard and the federal and/or state governments;
(2) Contract on behalf of the Guard with the federal government, its instrumentalities and agencies, the state, its agencies and instrumentalities, municipalities, foreign governments, public bodies, private corporations, partnerships, associations and individuals;
(3) Use funds administered by the Authority pursuant to subsection (c) of this section for the maintenance, construction or reconstruction of capital repair and replacement items as necessary and approved by the authority;
(4) Procure insurance with state funds through BRIM covering property and other assets of the authority in amounts and from insurers that BRIM determines necessary;
(5) Hire employees at an appropriate salary equivalent to a competitive wage rate;
(6) Enroll employees in PERS, PEIA, and workers' compensation and unemployment programs, or their equivalents
: Provided, That the authority, through the receipt of federal and/or state funds, pays the required employer contributions;
(7) Cooperate with economic development agencies in efforts to promote the expansion of industrial, commercial and manufacturing in the state;
(8) Develop a human resources division that will administer and manage its employees and receive state matching funds as necessary to insure maximum federal funds are secured;
(9) Due to the at-will employment relationship with the authority, its employees may not avail themselves of the state grievance procedure as set forth in article six-a, chapter twenty-nine of this code; and
(10) Have the ability to secure all other bonding, insurance or other liability protections necessary for its employees to fulfill their duties and responsibilities.
§
15-1J-5. Employees.
(a) The authority shall have the power to hire, administer and manage employees necessary to fulfill its responsibilities.
(1) All employees will be exempt from both the classified services category and the classified exempt services category as set forth in section four, article six, chapter twenty-nine of this code.
(2) Employee positions are contingent on the receipt of the necessary federal and/or state funds.
(3) Each employee hired shall be deemed an at-will employee who may be discharged or released from his or her respective position without cause or reason.
(4) Employees will participate in the PEIA, PERS, and workers' compensation and unemployment compensation programs, or their equivalents. Public safety related positions will continue to require dual status membership as outlined in section twenty-six, article one-b, chapter fifteen of this code.
(b) The Adjutant General will set appropriate salary rates for employees equivalent to a competitive wage rate necessary to support a specific mission.
(c) Security guards and military firefighters hired by the authority under the provisions of this article, will continue to have the same authority and must meet the requirements as set forth in section twenty-two, article one-b, chapter fifteen and section twenty-six, article one-b, chapter fifteen, respectively, of this code.
"
The bill was then ordered to third reading.
Delegate DeLong moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 324), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Moore, Shook and Stemple.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 325), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Moore, Shook and Stemple.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 634) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:
S. B. 634 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-1J-1, §15-1J-2, §15-1J-3, §15-1J-4 and §15-1J-5, all relating to the West Virginia Military Authority Act; authorizing the Authority to administer programs and receive funds; and giving the Authority certain powers and duties."
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 326), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Moore, Shook and Stemple.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 634) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 641, Creating Water Resources Protection and Management Act; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on the Judiciary moves to amend the bill on page three, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following language:
"§22-26-1. Short title; legislative findings.
(a) Short title.-- This article may be known and cited as the Water Resources Protection and Management Act.
(b) Legislative findings. --
(1) The West Virginia Legislature finds that it is the public policy of the State of West Virginia to protect and conserve the water resources for the state and to provide for the public welfare. The state's water resources are vital natural resources of the state that are essential to maintain, preserve and promote quality of life and economic vitality of the state.
(2) The West Virginia Legislature further finds that it is the public policy of the state that the water resources of the state be available for the benefit of the citizens of West Virginia, consistent with and preserving all other existing rights and remedies recognized in common law or by statute, while also preserving the resources within its sovereign powers for the common good.
(3) The West Virginia Legislature further finds that the water use survey conducted by the Department of Environmental Protection is a valuable tool for water resources assessment, protection and management.
(4) The West Virginia Legislature further finds that the water resources of this state have not been fully measured or assessed and that a program to accurately measure and assess the state's water resources is necessary to protect, conserve and better utilize the water resources of this state.
(5) The West Virginia Legislature further finds that the survey information collected and analyzed by the Department of Environmental Protection has identified the need for a statewide water resources management plan.
(6) The West Virginia Legislature further finds that the development of a state water resources management plan is in the best interest of the state and its citizens and will promote the protection of this valuable natural resource; promote its use for the public good; and enhance its use and development for tourism, industry and other economic development for the benefit of the state and its citizens.
(7) The West Virginia Legislature further finds that incomplete data collection from an inadequate groundwater monitoring system continues to hamper efforts to study, develop and protect the state's water resources and will be a major obstacle in the development of a water resources management plan.
§22-26-2. Definitions.
For purposes of this article, the following words have the meanings assigned unless the context indicates otherwise:
(a) 'Baseline average' means the average amount of water withdrawn by a large quantity user over a representative historical time period as defined by the secretary.
(a) (b)'Beneficial use' means uses that include, but are not limited to, public or private water supplies, agriculture, tourism, commercial, industrial, coal, oil and gas and other mineral extraction, preservation of fish and wildlife habitat, maintenance of waste assimilation, recreation, navigation and preservation of cultural values.
(c) 'Commercial well' means a well that serves small businesses and facilities in which water is the prime ingredient of the service rendered.
(d) 'Community water system' means a public water system that pipes water for human consumption to at least fifteen service connections used by year-round residents, or one that regularly serves at least twenty-five residents.
(b) (e)'Consumptive withdrawal' means any withdrawal of water which returns less water to the water body than is withdrawn.
(c) (f)'Farm use' means irrigation of any land used for general farming, forage, aquaculture, pasture, orchards, nurseries, the provision of water supply for farm animals, poultry farming or any other activity conducted in the course of a farming operation.
(g) 'Industrial well' means a well used in industrial processing, fire protection, washing, packing, or manufacturing of a product excluding food and beverages, or similar non-potable uses.
(d) (h)'Interbasin transfer' means the permanent removal of water from the watershed from which it is withdrawn.
(i) 'Large quantity user' means any person who withdraws over seven hundred fifty thousand gallons of water in a calendar month from the state's waters and any person who bottles water for resale regardless of quantity withdrawn.
(e) (j)'Maximum potential' means the maximum designed capacity of a facility to withdraw water under its physical and operational design.
(k) 'Non-community non-transient water system' means a public water system that serves at least twenty-five of the same persons over six months per year.
(g) (l)'Nonconsumptive withdrawal' means any withdrawal of water which is not a consumptive withdrawal as defined in this section.
(f) (m)'Person', 'persons' or 'people' means an individual, public and private business or industry, public or private water service and governmental entity.
(h) (n)'Secretary' means the Secretary of the Department of Environmental Protection or his or her designee.
(o) 'Transient water system' means a public water system that serves at least twenty-five transient people at least sixty days a year.'
(p) 'Test well' means a well that is used to obtain information on groundwater quantity, quality, aquifer characteristics, and availability of production water supply for manufacturing, commercial, and industrial facilities.
(i) (q)'Water resources', 'water' or 'waters' means any and all water on or beneath the surface of the ground, whether percolating, standing, diffused or flowing, wholly or partially within this state, or bordering this state and within its jurisdiction, and includes, without limiting the generality of the foregoing, natural or artificial lakes, rivers, streams, creeks, branches, brooks, ponds, impounding reservoirs, springs, wells, watercourses and wetlands: Provided, That farm ponds, industrial settling basins and ponds and waste treatment facilities are excluded from the waters of the state.
(j) (r)'Watershed' means a hydrologic unit utilized by the United States Department of Interior's geological survey, adopted in one thousand nine hundred seventy-four, as a framework for detailed water and related land-resources planning , denoted by an eight digit hydrologic unit code, and by which West Virginia is, as of the effective date of the act, divided into thirty-two separate hydrologic units.
(k) (s)'Withdrawal' means the removal or capture of water from a water resources of the state regardless of whether it is consumptive or nonconsumptive: Provided, That water encountered during coal, oil, gas, water well drilling and initial testing of water wells, or other mineral extraction and diverted, but not used for any purpose and not a factor in low-flow conditions for any surface water or groundwater, is not deemed a withdrawal.
§22-26-3. Waters claimed by state; water resources protection survey; registration requirements; agency cooperation; information gathering.

(a) The waters of the State of West Virginia are hereby claimed as valuable public natural resources held by the state for the use and benefit of its citizens. The state shall manage the quantity of its waters effectively for present and future use and enjoyment and for the protection of the environment. Therefore, it is necessary for the state to determine the nature and extent of its water resources, the quantity of water being withdrawn or otherwise used and the nature of the withdrawals or other uses: Provided, That no provisions of this article may be construed to amend or limit any other rights and remedies created by statute or common law in existence on the date of the enactment of this article.
(b) The secretary shall conduct a an ongoing water resources survey of consumptive and nonconsumptive surface water and groundwater withdrawals by large quantity users in this state. The secretary shall determine the form and format of the information submitted, including the use of electronic submissions. The survey shall collect information covering the years two thousand three, two thousand four and two thousand five. The secretary shall establish and maintain a statewide registration program to monitor large quantity users of water resources of this state beginning in two thousand six.
(c) Beginning in the year two thousand three, every person utilizing the state's water resources whose withdrawal from a water resources during any month exceeds seven hundred fifty thousand gallons Large quantity users, except those who purchase water from a public or private water utility or other service that is reporting its total withdrawal, shall register with the Department of Environmental Protection and provide all requested survey information regarding withdrawals of the water resources. Multiple withdrawals of water from a particular state water resources that are made or controlled by a single person and used at one facility or location shall be considered a single withdrawal of water. Water withdrawals for self-supplied farm use and private households will be estimated. Water utilities regulated by the Public Service Commission pursuant to article two, chapter twenty-four of this code are exempted from providing information on interbasin transfers to the extent those transfers are necessary to provide water utility services within the state.
(d) Except as provided in subsection (f) of this section, large quantity users who withdraw water from a West Virginia water resource shall comply with the survey and registration requirements of this article. Registration shall be maintained by every large quantity user by certifying, on forms and in a manner prescribed by the secretary, that the amount withdrawn in the previous calendar year varies by no more than ten percent from the users' baseline average or by certifying the change in usage.
(e) The secretary shall maintain a listing of all large quantity users and each such user's baseline average water withdrawal.
(d) (f) The secretary shall make a good faith effort to obtain survey and registration information from persons who are withdrawing water from an in-state water resources but who are located outside the state borders.
(e) (g)All state agencies and local governmental entities that have a regulatory, research, planning or other function relating to water resources, including, but not limited to, the State Geological and Economic Survey, the Division of Natural Resources, the Public Service Commission, the Bureau for Public Health, the Commissioner of the Department of Agriculture, the Office of Emergency Services Division of Homeland Security and Emergency Management, Marshall University, and West Virginia University and regional, county and municipal planning authorities may enter into interagency agreements with the secretary and shall cooperate by: (i) Providing information relating to the water resources of the state; and (ii) providing any necessary assistance to the secretary in effectuating the purposes of this article; and (iii) assisting in the development of a state water resources management plan. The secretary shall determine the form and format of the information submitted by these agencies.
(f) (h)Persons required to participate in the survey and registration shall provide any reasonably available information on stream flow conditions that impact withdrawal rates.
(g) (i)Persons required to participate in the survey and registration shall provide the most accurate information available on water withdrawal during seasonal conditions and future potential maximum withdrawals or other information that the secretary determines is necessary for the completion of the survey or registration: Provided, That a coal-fired electric generating facility shall also report the nominal design capacity of the facility, which is the quantity of water withdrawn by the facility's intake pumps necessary to operate the facility during a calendar day.
(h) (j)The secretary shall, to the extent reliable water withdrawal data is reasonably available from sources other than persons required to provide data and participate in the survey and registration, utilize that data to fulfill the requirements of this section. If the data is not reasonably available to the secretary, persons required to participate in the survey and registration are required to provide the data. Registered persons that report withdrawals on an annual basis for a period of three consecutive years are not required to register further withdrawals unless the amount withdrawn annually varies by more than ten percent from the three-year average. Altering locations of intakes and discharge points that result in an impact to the withdrawal of the water resources by an amount of ten percent or more from the consecutive three-year baseline average shall also be reported.
(i) The secretary shall report regularly to the joint legislative oversight commission on state water resources to advise the commission of the progress of the survey as well as any problems that may be encountered in conducting the survey and to make recommendations on policy and statutory changes that may be needed.
(k) The secretary shall report annually to the Joint Legislative Oversight Commission on State Water Resources on the survey results. The secretary shall make a progress report every three years on the development of the state water resources management plan and any significant changes that may have occurred since the survey report was submitted in two thousand six.
(j) Upon completion of the survey, the secretary shall file a final report with the joint committee on government and finance no later than the thirty-first day of December, two thousand six. In preparing the final report the secretary shall consult with the Commissioner of the Department of Agriculture, the Bureau for Public Health, the Division of Natural Resources and the Public Service Commission. The final report shall include the following:
(1) To the extent the information is available, the location and quantity of all surface water and groundwater resources in this state;
(2) A discussion of the consumptive and nonconsumptive withdrawals of surface water and groundwater in this state;
(3) A listing of each person whose consumptive or nonconsumptive withdrawal during any single month during the calender year exceeds seven hundred fifty thousand gallons, including the amount of water used, location of the water resources, the nature of the use, location of each intake and discharge point by longitude and latitude where available and, if the use involves more than one watershed or basin, the watersheds or basins involved and the amount transferred;
(4) A discussion of any area of concern regarding historical or current conditions that indicate a low-flow condition or where a drought or flood has occurred or is likely to occur that threatens the beneficial use of the surface water or groundwater in the area;
(5) Current or potential in-stream or off-stream uses that contribute to or are likely to exacerbate natural low-flow conditions to the detriment of the water resources;
(6) Discussion of a potential groundwater well network that provides indicators that groundwater levels in an area are declining or are expected to decline excessively;
(7) Potential growth areas where competition for water resources may be expected;
(8) Any occurrence of two or more withdrawals that are interfering or may reasonably be expected to interfere with one another;
(9) Discussion of practices or methods persons have implemented to reduce water withdrawals; and
(10) Any other information that may be beneficial in providing adequate and accurate survey information, adequately assessing water availability and withdrawal and in determining the need for and the preparation of water resources plans.
(k) (l)In addition to any requirements for completion of the survey established by the secretary, the survey must accurately reflect both actual and maximum potential water withdrawal. Actual withdrawal shall be established through metering, measuring or alternative accepted scientific methods to obtain a reasonable estimate or indirect calculation of actual use.
(l) (m)Upon completion of the survey, the The secretary shall make recommendations to the joint legislative oversight commission created in section five of this article relating to the need to implement implementation of a water quantity management strategy for the state or regions of the state where the quantity of water Resources resources are found to be currently stressed or likely to be stressed due to emerging beneficial or other uses, ecological conditions or other factors requiring the development of a strategy for management of these water Resources resources. The report shall include an analysis of the costs and benefits upon persons potentially impacted by the implementation of a water quantity management strategy.
(m) (n) The secretary may propose rules pursuant to article three, chapter twenty-nine-a of this code as necessary to implement the survey and registration or plan requirements of this article.
(n) (o)The secretary is authorized to enter into cooperative agreements with the United States Geological Survey local, state and federal agencies and private policy or research groups to obtain federal matching funds, conduct research and analyze survey and registration data and other agreements as may be necessary to carry out his or her duties under this article.
§22-26-5. Joint Legislative Oversight Commission on State Water Resources.
(a) The President of the Senate and the Speaker of the House of Delegates shall each designate five members of their respective houses, at least one of whom shall be a member of the minority party, to serve on a joint legislative oversight commission charged with immediate and ongoing oversight of the water resources survey, and registration and development of a state water resources management plan. This commission shall be known as the Joint Legislative Oversight Commission on State Water Resources and shall regularly investigate and monitor all matters relating to the water resources survey and the need for a water Resources strategy and policy plan.
(b) The expenses of the commission, including the cost of conducting the survey and monitoring any subsequent strategy and those incurred in the employment of legal, technical, investigative, clerical, stenographic, advisory and other personnel are to be approved by the Joint Committee on Government and Finance and paid from legislative appropriations.
(c) The secretary shall report, at a minimum of quarterly, in sufficient detail for the commission to monitor the water Resources survey and to develop recommendations resulting from the survey. The secretary shall submit an annual report to the commission by the thirty-first day of December each year. The secretary shall also file a final report on the water Resources survey no later than the thirty-first day of December, two thousand six.
§22-26-6. Mandatory survey and registration compliance.
(a) The water resources survey and subsequent registry will provide critical information for protection of the state's water resources and, thus, mandatory compliance with the survey and registry is necessary.
(b) All large quantity users who withdraw water from a West Virginia water resource shall complete the survey and register such use with the Department of Environmental Protection. Any person who fails to complete the survey or register, provides false or misleading information on the survey or registration, or fails to provide other information as required by this article may be subject to a civil administrative penalty not to exceed five thousand dollars to be collected by the secretary consistent with the secretary's authority pursuant to this chapter. Every thirty days after the initial imposition of the civil administrative penalty, another penalty may be assessed if the information is not provided. The secretary shall provide written notice of failure to comply with this section thirty days prior to assessing the first administrative penalty.
§22-26-7. Secretary authorized to log wells; collect data.
In order to obtain important information about the state's surface and groundwater, the secretary is authorized to collect scientific data on surface and groundwater and to enter into agreements with local and state agencies, the federal government and private entities to obtain this information.
(1) Any person who installs a community water system, non-community non-transient water system, transient water system, commercial well, industrial or test water extraction well, except those wells used for a residential, single family water supply, shall notify the secretary of his or her intent to drill a water well no less than thirty ten days prior to commencement of drilling. The ten day notice is the responsibility of the owner, but may be given by the drilling contractor.
(2) The secretary has the authority to gather data, including driller and geologist logs, run electric and other remote-sensing logs and devices and perform physical characteristics tests on nonresidential and multifamily water wells.
(3) The drilling contractor shall submit to the secretary a copy of the well completion forms submitted to the Department of Health for a community water system, non-community non-transient water system, transient water system, commercial well, industrial or test well. The drilling contractor shall provide the well GPS location on the well report.
(3) (4) Any person who fails to notify the secretary prior to drilling a well or impedes collection of information by the secretary under this section is in violation of the Water Resources Protection and Management Act and is subject to the civil administrative penalty authorized by section six of this article.
(5) Any well contracted for construction by the secretary for groundwater or geological testing must be constructed at a minimum to well design standards as promulgated by the Department of Health. Any wells contracted for construction by the secretary for groundwater or geological testing that would at a later date be converted to a public use water well must be constructed to comport to state public water design standards.
§22-26-8. State water resources management plan; powers and duty of secretary.
(a) The Secretary of the Department of Environmental Protection shall oversee the development of a State Water Resources Management Plan to be completed no later than the thirtieth day of November, two thousand thirteen. The plan shall be reviewed and revised as needed after its initial adoption. The plan shall be developed with the cooperation and involvement of local and state agencies with regulatory, research or other functions relating to water resources including, but not limited to, those agencies and institutions of higher education set forth in section three of this article and a representative of large quantity users. The State Water Resources Management Plan shall be developed utilizing the information obtained pursuant to said section and any other relevant information available to the secretary.
(b) The secretary shall develop definitions for use in the State Water Resources Management Plan for terms that are defined differently by various state and federal governmental entities as well as other terms necessary for implementation of this article.
(c) The secretary shall continue to develop and obtain the following:
(1) An inventory of the surface water resources of each region of this state, including an identification of the boundaries of significant watersheds and an estimate of the safe yield of such sources for consumptive and nonconsumptive uses during periods of normal conditions and drought.
(2) A listing of each consumptive or nonconsumptive withdrawal by a large quantity user, including the amount of water used, location of the water resources, the nature of the use, location of each intake and discharge point by longitude and latitude where available and, if the use involves more than one watershed or basin, the watersheds or basins involved and the amount transferred.
(3) A plan for the development of the infrastructure necessary to identify the groundwater resources of each region of this state, including an identification of aquifers and groundwater basins and an assessment of their safe yield, prime recharge areas, recharge capacity, consumptive limits and relationship to stream base flows.
(4) After consulting with the appropriate state and federal agencies, assess and project the existing and future nonconsumptive use needs of the water resources required to serve areas with important or unique natural, scenic, environmental or recreational values of national, regional, local or statewide significance, including national and state parks; designated wild, scenic and recreational rivers; national and state wildlife refuges; and the habitats of federal and state endangered or threatened species.
(5) Assessment and projection of existing and future consumptive use demands.
(6) Identification of potential problems with water availability or conflicts among water uses and users including, but not limited to, the following:
(A) A discussion of any area of concern regarding historical or current conditions that indicate a low-flow condition or where a drought or flood has occurred or is likely to occur that threatens the beneficial use of the surface water or groundwater in the area; and
(B) Current or potential in-stream or off-stream uses that contribute to or are likely to exacerbate natural low-flow conditions to the detriment of the water resources.
(7) Establish criteria for designation of critical water planning areas comprising any significant hydrologic unit where existing or future demands exceed or threaten to exceed the safe yield of available water resources.
(8) An assessment of the current and future capabilities of public water supply agencies and private water supply companies to provide an adequate quantity and quality of water to their service areas.
(9) An assessment of flood plain and stormwater management problems.
(10) Efforts to improve data collection, reporting and water monitoring where prior reports have found deficiencies.
(11) A process for identifying projects and practices that are being, or have been, implemented by water users that reduce the amount of consumptive use, improve efficiency in water use, provide for reuse and recycling of water, increase the supply or storage of water or preserve or increase groundwater recharge and a recommended process for providing appropriate positive recognition of such projects or practices in actions, programs, policies, projects or management activities.
(12) An assessment of both structural and nonstructural alternatives to address identified water availability problems, adverse impacts on water uses or conflicts between water users, including potential actions to develop additional or alternative supplies, conservation measures and management techniques.
(13) A review and evaluation of statutes, rules, policies and institutional arrangements for the development, conservation, distribution and emergency management of water resources.
(14) A review and evaluation of water resources management alternatives and recommended programs, policies, institutional arrangements, projects and other provisions to meet the water resources needs of each region and of this state.
(15) Proposed methods of implementing various recommended actions, programs, policies, projects or management activities.
(d) The state water resources management plan shall consider:
(1) The interconnections and relationships between groundwater and surface water as components of a single hydrologic resource.
(2) Regional or watershed water resources needs, objectives and priorities.
(3) Federal, state and interstate water resource policies, plans, objectives and priorities, including those identified in statutes, rules, regulations, compacts, interstate agreements or comprehensive plans adopted by federal and state agencies and compact basin commissions.
(4) The needs and priorities reflected in comprehensive plans and zoning ordinances adopted by a county or municipal government.
(5) The water quantity and quality necessary to support reasonable and beneficial uses.
(6) A balancing and encouragement of multiple uses of water resources, recognizing that all water resources of this state are capable of serving multiple uses and human needs, including multiple uses of water resources for reasonable and beneficial uses.
(7) The distinctions between short-term and long-term conditions, impacts, needs and solutions to ensure appropriate and cost-effective responses to water resources issues.
(8) Application of the principle of equal and uniform treatment of all water users that are similarly situated without regard to established political boundaries.
(e) In November of each year, the secretary shall report to the Joint Legislative Oversight Commission on State Water Resources on the state water resources management plan. The report on the water resources plan shall include benchmarks for achieving the plan's goals and time frames for meeting them.
(f) Upon adoption of the state water resources management plan by the Legislature, the report requirements of this article shall be superceded by the plan and subsequent reports shall be on the survey results and the water resources plan. If the plan is not adopted a detailed report discussing the provisions of this section as well as progress reports on the development of the plan shall be submitted every three years.
§22-26-9. Regional water resources management plans; critical planning areas.
(a) As part of the state water resources management plan, the secretary may designate areas of the state as regional or critical water planning areas for the development of regional or critical area water resources management plans.
(b) The secretary shall establish a timetable for completion of regional and critical area plans which may be developed.
(c) The secretary shall identify all federal and state agencies, county commissions, municipal governments and watershed associations that should be involved in the planning process and any compacts or interstate agreements that may be applicable to the development of a regional or critical area water resource management plan.
(d) The secretary shall establish the minimum requirements for any issues to be addressed by regional and critical area plans within twelve months of the amendment and reenactment of this article during the two thousand eight regular session of the Legislature. The plan requirements and issues to be addressed by regional and critical area plans shall be consistent with the state plan requirements of this article.
(e) The secretary shall establish timetables for the completion of tasks or phases in the development of regional and critical area plans. County commissions and municipal governments may recommend changes in the order in which the tasks and phases must be completed. The secretary shall have final authority to determine the schedule for development of a plan.
(f) Any county or municipal government may enter into an agreement with the secretary to designate a local planning area and develop a local plan which may include all or part of a region. The secretary shall assist in development of any such plan to the extent practicable with existing staff and funding.
(g) Plans developed by a county or municipal government shall comply with the secretary's requirements and shall be filed as part of the state water resources management plan."
The bill was then ordered to third reading.
Com. Sub. for S. B. 657, Creating Alcohol and Drug-Free Workplace Act; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Judiciary, was reported by the Clerk and adopted, amending the bill on page two, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
"That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §21-1D-1, §21-1D-2, §21-1D-3, §21-1D-4, §21-1D-5, §21-1D-6, §21-1D-7, §21- 1D-7a, §21-1D-8 and §21-1D-9, all to read as follows:
ARTICLE 1D. WEST VIRGINIA ALCOHOL AND DRUG-FREE WORKPLACE ACT.
§21-1D-1. Short Title.
This article shall be called the West Virginia Alcohol and Drug-Free Workplace Act.
§21-1D-2. Definitions.
(a) The term 'alcohol test' means a procedure conducted to determine if an individual is under the influence of alcohol.
(b) The term 'construction', as used in this article, means any construction, reconstruction, improvement, enlargement, painting, decorating or repair of any public improvement let to contract. The term 'construction' does not include temporary or emergency repairs.
(c) The term 'contractor' means any employer working on a public improvement without regard to whether they are serving as the prime or subcontractor to another.
(d) The term 'drug test' means a procedure using a nine-panel drug screen in urine specimens that are collected from individuals for the purpose of scientifically analyzing the specimens to determine if the individual ingested, was injected or otherwise exposed to a drug of abuse.
(e) The term 'drug of abuse' means any substance listed under subsection (h) of this section.
(f) The term 'employee' means a laborer, mechanic or other worker. For the purposes of this article, employee does not include such persons as are employed or hired directly by a public authority on a regular or temporary basis engaged exclusively in making temporary or emergency repairs. Furthermore, employee does not include such persons employed by a contractor who does not work in public improvement construction.
(g) The term 'medical review officer' means a physician who holds a certificate authorizing them to practice medicine and surgery or osteopathic medicine and surgery, has knowledge of substance abuse disorders, has the appropriate medical training to interpret and evaluate positive drug and alcohol test results together with a person's medical history and other relevant biomedical information, has successfully completed qualification training as outlined in the Code of Federal Regulations at 49 C. F. R. Part 40 §121 (c) and has passed an exam administered by a nationally recognized medical review officer certification board or subspecialty board for medical practitioners in the field of medical review of federally mandated drug testing.
(h) The term 'nine-panel drug screen' means a drug-testing program that tests for marijuana, cocaine, opiates including hydromorphone, oxycodone, hydrocodone, phencyclidine, amphetamines, barbiturates, benzodiazepines, methadone and propoxyphene at the substance screening and confirmation limits where provided under federally mandated drug and alcohol testing programs or otherwise accepted as the industry standard.
(i) The term 'public authority', as used in this article, means any officer, board or commission or other agency of the State of West Virginia authorized by law to enter into a contract for the construction of a public improvement, including any institution supported, in whole or in part, by public funds of the State of West Virginia and this article applies to expenditures of these institutions made, in whole or in part, from public funds.
(j) The term 'public improvement', as used in this article, includes all buildings, roads, highways, bridges, streets, alleys, sewers, ditches, sewage disposal plants, waterworks, airports and all other structures upon which construction may be let to contract by the State of West Virginia.
(k) The term 'random drug testing' means a procedure in which employees who perform safety-sensitive tasks are selected to undergo a drug test by a statistically valid random selection method without prearrangement or planning.
(l) The term 'reasonable cause' means a belief based on facts and inferences based primarily upon, but not limited to: (1) observable phenomena, such as direct observation of use, possession or distribution of alcohol or a controlled substance, or of the physical symptoms of being under the influence of alcohol or a controlled substance, such as, but not limited to, slurred speech, dilated pupils, odor of an alcoholic beverage or a controlled substance, changes in affect or dynamic mood swings; (2) a pattern of abnormal conduct, erratic or aberrant behavior or deteriorating work performance such as frequent absenteeism, excessive tardiness or recurrent accidents, that appears to be related to the use of alcohol or a controlled substance and does not appear to be attributable to other factors; (3) the identification of an employee as the focus of a criminal investigation into unauthorized possession, use or trafficking of a controlled substance; (4) a report of use of alcohol or a controlled substance provided by a reliable and credible source; and (5) repeated or flagrant violations of the safety or work rules of the employee's employer, that are determined by the employee's supervisor to pose a substantial risk of physical injury or property damage and that appears to be related to the use of alcohol or a controlled substance and that does not appear attributable to other factors.
(m) The term 'safety-sensitive duty' means any task or duty fraught with such risks of injury to the employee or others that even a momentary lapse of attention or judgment, or both, can lead to serious bodily harm or death.
(n) The term 'under the influence of alcohol' means a concentration of eight hundredths of one percent or more by weight of alcohol in an individual's blood or a concentration of eight hundredths of one gram or more by weight of alcohol per two hundred ten liters of an individual's breath.
§21-1D-3. Statement of policy.
It is hereby declared to be the policy of the State of West Virginia to require public improvement contractors to have and implement a drug-free workplace policy that requires drug and alcohol testing.
§21-1D-4. Drug-free workplace policy required for public improvement construction.
Except as provided in section eight of this article, no public authority may award a public improvement contract which is to be let to bid to a contractor unless the terms of the contract require the contractor and its subcontractors to implement and maintain a written drug-free workplace policy in compliance with this article and the contractor and its subcontractors provide a sworn statement in writing, under the penalties of perjury, that they maintain a valid drug-free workplace policy in compliance with this article.The public improvement contract shall provide for the following:
(1) That the contractor implements its drug-free workplace policy;
(2) Cancellation of the contract by the awarding public authority if the contractor:
(A) Fails to implement its drug-free workplace policy;
(B) Fails to provide information regarding implementation of the contractor's drug-free workplace policy at the request of the public authority; or
(C) Provides to the public authority false information regarding the contractor's drug-free workplace policy.
§21-1D-5. Employee drug-free workplace policy required to bid for a public improvement contract.

After the first day of July, two thousand eight, any solicitation for a public improvement contract shall require each contractor that submits a bid for the work to submit at the same time an affidavit that the contractor has a written plan for a drug-free workplace policy. A public improvement contract may not be awarded to a contractor who does not have a written plan for a drug-free workplace policy, and who has not submitted that plan to the appropriate contracting authority in timely fashion.
For subcontractors, compliance with this section may take place before their work on the public improvement is begun.
A drug-free workplace policy shall include the following:
(1) Establish drug testing and alcohol testing protocols that at a minimum require a contractor to:
(A) Conduct preemployment drug tests of all employees;
(B) Conduct random drug testing that annually tests at least ten percent of the contractor's employees who perform safety-sensitive duties;
(C) Conduct a drug test or alcohol test of any employee who may have caused or contributed to an accident while conducting job duties where reasonable cause exists to suspect that the employee may be intoxicated or under the influence of a controlled substance not prescribed by the employee's physician when, but not limited to, the employer has evidence that an employee is or was using alcohol or a controlled substance drawn from specific documented, objective facts and reasonable inferences drawn from these facts in light of experience and training.
The drug or alcohol test shall be conducted as soon as possible after the accident occurred and after any necessary medical attention has been administered to the employee.
(D) Conduct a drug test or alcohol test of any employee when a trained supervisor has reasonable cause to believe that the employee has reported to work or is working under the influence of a drug of abuse or alcohol. Written documentation as to the nature of a supervisor's reasonable cause shall be created prior to the release of the test findings.
In order to ascertain and justify implementation of a reasonable cause test, all supervisors will be trained to recognize drug and alcohol related signs and symptoms.
(2) Require that all drug tests performed pursuant to this section be conducted by a laboratory certified by the United States Department of Health and Human Services or its successor;
(3) Establish standards governing the performance of drug tests by such a laboratory that include, but are not limited to, the following:
(A) The collection of urine specimens of individuals in a scientifically or medically approved manner and under reasonable and sanitary conditions;
(B) The collection and testing of urine specimens with due regard for the privacy of the individual being tested and in a manner reasonably calculated to prevent substitutions or interference with the collection and testing of specimens;
(C) The documentation of urine specimens through procedures that reasonably preclude the possibility of erroneous identification of test results and that provide the individual being tested a reasonable opportunity to furnish information identifying any prescription or nonprescription drugs used by the individual in connection with a medical condition to the medical review officer;
(D) The collection, maintenance, storage and transportation of urine specimens in a manner that reasonably precludes the possibility of contamination or adulteration of the specimens;
(E) The testing of a urine specimen of an individual to determine if the individual ingested, was injected or otherwise introduced with a drug of abuse in a manner that conforms to scientifically accepted analytical methods and procedures that may include verification or and confirmation of any positive test result by gas chromatography or mass spectrometry.
(4) Establish standards and procedures governing the performance of alcohol tests;
(5) Require that a medical review officer review all drug tests that yield a positive result;
(6) Establish procedures by which an individual who undergoes a drug test or alcohol test may contest a positive test result;
(7) Require that when an employee of a contractor tests positive for a drug of abuse or alcohol, or if an employee is caught adulterating a drug or alcohol test, as defined in section four hundred twelve, article four, chapter sixty-a of this code, the employee shall be subject to appropriate disciplinary measures up to and including termination from employment, in accordance with the contractor's written drug-free workplace policy. If not terminated, the employee shall be subject to random drug or alcohol tests at any time for one year after the positive test;
(8) Require that when a supervisor has reasonable cause to believe an employee is under the influence of a drug of abuse or alcohol at work and requires the employee to take a drug or alcohol test, the employee shall immediately be suspended from performing safety-sensitive tasks by the contractor until such time as a drug or alcohol test is performed and results of that test are available;
(9) Require a contractor to provide to any employee testing positive for a drug of abuse or alcohol the opportunity to be evaluated by a licensed substance abuse professional who can assist the employee in seeking treatment if needed the list of community resources where employees may seek assistance for themselves or their families as identified in subsection (12)(D) immediately hereinafter;
(10) Require that a contractor assist an employee who voluntarily acknowledges that the employee may have a substance abuse problem in locating a suitable substance abuse rehabilitation program for treatment by providing the list of community resources where employees may seek assistance for themselves or their families as identified in subsection (12)(D) immediately hereinafter;
(11) Require that a contractor establish a written drug-free workplace policy regarding substance abuse and provide a copy of the written policy to each of its employees and to each applicant for employment. The written policy shall contain, at a minimum, all of the following:
(A) A summary of all the elements of the drug-free workplace policy established in accordance with this article;
(B) A statement that it is the contractor's intention to create a drug-free workplace environment;
(C) Identification of an employee who has been designated the contractor's drug-free workplace representative;
(D) Shall list the types of tests an employee may be subject to, which may include, but are not limited to, the following:
(i) Preemployment;
(ii) Post-accident;
(iii) Random; and
(iv) Reasonable cause.
(12) Require that a contractor provide within six weeks of new employment at least two hours of drug-free workplace employee education for all employees and annually thereafter unless that employee has already received such training anytime within a prior two year period. The employee shall participate in drug-free workplace employee education at least bi-annually thereafter. The employee education shall include all of the following:
(A) Detailed information about the content of the contractor's specific drug-free workplace policy and an opportunity for employees to ask questions regarding the policy;
(B) The distribution of a hard copy of the written drug-free workplace policy, including collecting an employee-signed acknowledgment receipt from each employee;
(C) Specific explanation of the basics of drugs and alcohol abuse, including, but not limited to, the disease model, signs and symptoms associated with substance abuse, and the effects and dangers of drugs or alcohol in the workplace; and
(D) A list of community resources where employees may seek assistance for themselves or their families.
(13) Require that a contractor provide at least two hours of drug-free workplace supervisor training for all supervisory employees and annually thereafter. The supervisor training shall include all of the following:
(A) How to recognize a possible drug or alcohol problem;
(B) How to document behaviors that demonstrate a drug or alcohol problem;
(C) How to confront employees with the problem from observed behaviors;
(D) How to initiate reasonable suspicion and post-accident testing;
(E) How to handle the procedures associated with random testing;
(F) How to make an appropriate referral for assessment and assistance;
(G) How to follow up with employees returning to work after a positive test; and
(H) How to handle drug-free workplace responsibilities in a manner that is consistent with the applicable sections of any pertinent collective bargaining agreements.
§21-1D-6. Drug-free workplace written policy to be kept posted.
A clearly legible copy of the contractor's written drug-free workplace policy shall be kept posted in a prominent and easily accessible place at the public improvement construction site thereof by each contractor subject to the provisions of this article.
§21-1D-7. Drug-free workplace records and contents open for inspection.
Every contractor shall keep an accurate record showing the names, occupation and safety- sensitive status of all employees, in connection with the construction on the public improvement, and showing any drug tests or alcohol tests performed and employee education and supervisor training received, which record shall be open at all reasonable hours to the for inspection of and by the public authority which let the contract and its officers and agents. It is not necessary to preserve the record for a period longer than three years after the termination of the contract.
§21-1D-7a. Confidentiality; test results not to be used in criminal and administrative proceedings.
All drug testing information specifically related to individual employees is confidential and should be treated as such by anyone authorized to review or compile program records. Drug test results may not be used in a criminal proceeding without the employee's consent.
§21-1D-8. Penalties for violation of this article.
(a) Any contractor who violates any provision of this article is, for the first offense, guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one thousand dollars; for the second offense, the person is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one thousand dollars nor more than five thousand dollars; for the third or any subsequent offense, the person is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than five thousand dollars nor more than twenty-five thousand dollars and the contractor shall be excluded from bidding any additional new public improvement projects for a period of one year.
(b) Any person who directly or indirectly aids, requests or authorizes any other person to violate any of the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than fifty dollars nor more than two hundred fifty dollars.
§21-1D-9. Existing contracts.
This article applies only to contracts for construction on public improvements awarded after the effective date of this article."
The bill was then ordered to third reading.
Com. Sub. for S. B. 751, Relating to Surface Coal Mining and Reclamation Act; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 778, Relating to veterans' benefits; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Miscellaneous Business

Delegate Wysong announced that he was temporarily absent on today when the votes were taken on Roll Nos. 314 and 315, and that had he been present, he would have voted "Yea" thereon.
Delegate Eldridge asked and obtained unanimous consent that the remarks of Delegates Webster and Argento regarding Com. Sub. for S. B. 373 be printed in the Appendix to the Journal.
Delegate Carmichael asked and obtained unanimous consent that the remarks of Delegate Canterbury regarding Com. Sub. for S. B. 373, be printed in the Appendix to the Journal.
Leaves of Absence

At the request of Delegate DeLong, and by unanimous consent, leave of absence for the day was granted Delegate Mahan.
At 7:09 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, March 6, 2008.