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House Journal


Day 00 (01-14-2009)
Day 01 (02-11-2009)
Day 02 (02-12-2009)
Day 03 (02-13-2009)
Day 06 (02-16-2009)
Day 07 (02-17-2009)
Day 08 (02-18-2009)
Day 09 (02-19-2009)
Day 10 (02-20-2009)
Day 13 (02-23-2009)
Day 14 (02-24-2009)
Day 15 (02-25-2009)
Day 16 (02-26-2009)
Day 17 (02-27-2009)
Day 20 (03-02-2009)
Day 21 (03-03-2009)
Day 22 (03-04-2009)
Day 23 (03-05-2009)
Day 24 (03-06-2009)
Day 27 (03-09-2009)
Day 28 (03-10-2009)
Day 29 (03-11-2009)
Day 31 (03-13-2009)
Day 34 (03-16-2009)
Day 35 (03-17-2009)
Day 36 (03-18-2009)
Day 37 (03-19-2009)
Day 38 (03-20-2009)
Day 41 (03-23-2009)
Day 43 (03-25-2009)
Day 44 (03-26-2009)
Day 45 (03-27-2009)
Day 48 (03-30-2009)
Day 49 (03-31-2009)
Day 50 (04-01-2009)
Day 51 (04-02-2009)
Day 52 (04-03-2009)
Day 55 (04-06-2009)
Day 56 (04-07-2009)
Day 57 (04-08-2009)
Day 58 (04-09-2009)
Day 59 (04-10-2009)
Day 60 (04-11-2009)
Day 105 (05-26-2009)
Day 106 (05-27-2009)
Day 108 (05-29-2009)
Day 109 (05-30-2009)
Day 110 (05-31-2009)
hdj2009-04-08-57


__________*__________




Wednesday, April 8, 2009

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, April 7, 2009, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

     Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report, which was received:
     Your Committee on Rules has had under consideration:
     H. C. R. 5, Requesting the Joint Committee on Government and Finance to study the safety issues of those who provide home visits to families in West Virginia,
     H. C. R. 6, Requesting the Joint Committee on Government and Finance reconstitute Select Committee A on Children, Juveniles and Other Matters,
     H. C. R. 59, Requesting the Legislature to establish a Joint Legislative Committee on Public Service Commission Accountability and Effectiveness,
     H. C. R. 61, The "Trooper First Class James Thomas Brammer Memorial Bridge",
     H. C. R. 66, Requesting the Division of Highways place a commemorative sign indicating the 38th parallel in honor of veterans of the Korean War,
     S. C. R. 13, Requesting Division of Highways name bridge in Berkeley County "Bruce Van Wyk Memorial Bridge",
     S. C. R. 32, Requesting Division of Highways name bridge in Boone County "Brian Scott 'Scotty' Ulbrich Memorial Bridge",
     S. C. R. 34, Requesting Division of Highways name portion of U. S. 52 "R. A. West Memorial Highway",
     S. C. R. 35, Requesting Division of Highways name bridge in Mercer County "Staff Sergeant Stanley Brian Reynolds Memorial Bridge",
     S. C. R. 43, Requesting Division of Highways name bridge in Grafton "Bearcat Bridge",
     S. C. R. 44, Requesting Division of Highways name Route 3 in Racine "Barry Lutsy Memorial Highway",
     And,
     S. C. R. 48, Requesting Division of Highways name bridge in Mercer County "Corporal Ray B. Cheatwood, Jr., Memorial Bridge",
     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. S. B. 451, Relating to crime victims' compensation awards,
     S. B. 492
, Clarifying certain Public Employees Insurance Agency retirement requirements,
     Com. Sub. for S. B. 702, Changing workers' compensation purchase date deadline for governmental entities,
     And,
     Com. Sub. S. B. 724, Relating to health care provider tax,
     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. 537, Relating to workers' compensation,
     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. 537) 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. 440, Increasing county litter control officers' authority,
     And reports the same back with the recommendation that it do pass, 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. 440) 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. 279, Relating to industrial accidents and emergency response regulations,
     Com. Sub. for S. B. 398, Imposing certain restrictions on graduated driver's licenses,
     S. B. 515, Creating Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act,
     S. B. 556, Relating to defensive driving course points deduction,
     And,
     S. B. 763, Clarifying Racing Commission's authority over certain thoroughbred race horses' registration,
     And reports the same back, with amendment, with the recommendation that they each do pass, as amended.
     Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     Com. Sub. for S. B. 99, Sentencing discretion for certain youthful offenders,
     And,
     Com. Sub. for S. B. 375, Relating to Office of Coalfield Community Development master land use plans,
     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. 258, Clarifying local fiscal bodies cannot be held liable for certain deficits,
     And,
     Com. Sub. for S. B. 540, Clarifying certain Tax Commissioner's authorities,
     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:
     Com. Sub. for S. B. 533, Updating terms in consumers sales and service tax,
     And reports the same back with the recommendation that it do pass.
     Chairman White, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration:
     Com. Sub. for S. B. 456, Creating Reduced Cigarette Ignition Propensity Standard and Fire Prevention Act,
     And reports the same back, with amendment, with the recommendation that it 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:
     Com. Sub. for S. B. 249, Relating to annual school calendar,
     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. 249) to the Committee on Finance was abrogated.
Messages from the Executive

     Mr. Speaker, Mr. Thompson, presented a communication from His Excellency, the Governor, extending clemency as provided by the Code of West Virginia, as follows:
State of West Virginia

OFFICE OF THE GOVERNOR

Charleston, WV

April 7, 2009

EXECUTIVE MESSAGE NO. 3
2009 REGULAR SESSION
The Honorable Richard Thompson
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia 25305
Dear Mr. Speaker:
     As empowered by article seven, section eleven of the Constitution of West Virginia and section sixteen, article one, chapter five of the Code of West Virginia, I extended clemency to the persons named on the attached report. I submit this report in accordance with the above-cited provisions for the period March 8, 2008 through April 7, 2009.
                                   Very truly yours,
                                   Joe Manchin III
                                   Governor.
PARDONS AND MEDICAL RESPITES GRANTED

BY GOVERNOR JOE MANCHIN III

FOR THE PERIOD

MARCH 8, 2008 THROUGH APRIL 7, 2009

Morgan, Gregory Dale

Decided August 15, 2008

     In 1977, Mr. Morgan pled guilty to two counts of Breaking and Entering. On March 16, 1977, he was sentenced by the Circuit Court of Mercer County to serve a term of six months to two years at the Davis Juvenile Center. After serving six months of his sentence, Mr. Morgan was released on probation from the Davis Juvenile Center and successfully completed his term of probation. Since that time, Mr. Morgan has maintained himself as a responsible, law-abiding citizen and has led an exemplary and productive life. The West Virginia Parole Board, having fully reviewed and considered his history and record, unanimously recommended that Mr. Morgan be granted a full, unconditional and complete pardon.
     For these reasons, Governor Manchin granted a full, unconditional and complete pardon to Gregory Dale Morgan for the offense of Breaking and Entering.
NO MEDICAL RESPITES WERE GRANTED DURING THE PERIOD

MARCH 8, 2008 THROUGH APRIL 7, 2009

      Mr. Speaker, Mr. Thompson, presented a communication from His Excellency, the Governor, certifying 2007-2008 annual reports which have been received in the Office of the Governor, as follows:
State of West Virginia

OFFICE OF THE GOVERNOR

Charleston, WV

April 7, 2009

EXECUTIVE MESSAGE NO. 4
2009 REGULAR SESSION

The Honorable Richard Thompson
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia 25305
Dear Mr. Speaker:
     Pursuant to the provisions of section twenty, article one, chapter five of the Code of West Virginia, I hereby certify that the following 2007-2008 annual reports have been received in the Office of the Governor:
     Accountancy, West Virginia Board of
     Acupuncture, West Virginia Board of
     Affordable Housing Trust Fund, West Virginia
     Architects, West Virginia State Board of
     Attorney General, State of West Virginia
     Banking, Division of, West Virginia Department of Revenue (2007)
     Behavioral Health, Office of the Ombudsman for, West Virginia Department of
     Health and Human Resources
     Board of Education, West Virginia
     Center for Nursing, West Virginia (2007)
     Children's Health Insurance Program, West Virginia Department of Administration      Chiropractic, State of West Virginia Board of
Coal Mine Health and Safety, West Virginia Board of, and Coal Mine Technical Review Committee

     Consumer Advocate, Division of, West Virginia Public Service Commission
Consumer Advocate, Division of, Office of the Insurance Commissioner, West Virginia Department of Revenue

     Consumer Protection and Antitrust Divisions, Office of the Attorney General
     Corrections, Division of, West Virginia Department of Military Affairs and Public Safety
     Counseling, West Virginia Board of Examiners in (2006 - 2008)
     Court of Claims, West Virginia
     Crime, Delinquency and Corrections, Governor's Committee on, Community
     Corrections Subcommittee, Division of Criminal Justice Services, West Virginia
     Department of Military Affairs and Public Safety
     Crime, Delinquency and Corrections, Governor's Committee on, Law
     Enforcement Training Subcommittee, Division of Criminal Justice Services,
     West Virginia Department of Military Affairs and Public Safety
Criminal Justice Services, Division of, West Virginia Department of Military Affairs and Public Safety

     Dental Examiners, West Virginia Board of (2007 and 2008 Reports)
     Disability Retirement Experience, West Virginia State Police, by West Virginia
     Consolidated Public Retirement Board for Death, Disability and Retirement Fund           (Plan A) and State Police Retirement System (Plan B)
     Economic Development Authority, West Virginia
     Employee Suggestion Award Board, West Virginia Department of Administration
     Equal Employment Opportunity, West Virginia Office of
     Family Protection Services Board, West Virginia (2007 and 2008 Reports)
     Higher Education Policy Commission, Science and Research Report, West Virginia
     Human Rights Commission, West Virginia Department of Health and Human Resources
     Juvenile Services, Division of, West Virginia Department of Military Affairs and           Public Safety
Licensed Practical Nurses, West Virginia State Board of Examiners for Logging Sediment Control Act,

     Division of Forestry, West Virginia Department of Commerce
     Long Term Care, Office of Health Facility Licensure and Certification, Department           of Health and Human Resources
     Lottery, West Virginia
     Medicine, West Virginia Board of
     Massage Therapy, West Virginia Licensure Board of
Mine Inspectors' Examining Board, Office of Miners' Health, Safety and Training, West Virginia Department of Commerce

     Miners' Health, Safety and Training, Office of, West Virginia Department of Commerce
     Motor Vehicles, Division of, West Virginia Department of Transportation
     Municipal Bond Commission, West Virginia
     National Guard, West Virginia, Office of the Adjutant General
     Natural Resources, Division of, West Virginia Department of Commerce
Neighborhood Investment Program, Development Office, West Virginia Department of Commerce

     Nursing Home Administrators Licensing Board, West Virginia
Oil and Gas Inspectors' Examining Board, West Virginia Department of Environmental Protection

     Osteopathy, West Virginia Board of
     Parole Board, West Virginia
     Partnership to Promote Community Well-Being, West Virginia
     Physical Therapy, West Virginia Board of
     Planning and Development Council, Region VII (2007 and 2008 Reports)
     Poison Center, West Virginia
     Professional Engineers, West Virginia State Board of Registration for
     Professional Surveyors, West Virginia Board of
Purchase of Commodities and Services from the Handicapped, Governor's Committee for, West Virginia Department of Administration

     Psychologists, West Virginia Board of Examiners of
     Real Estate Commission, West Virginia
     Regional Education Service Agencies, West Virginia
     Regional Education Service Agency II, West Virginia
     Regional Intergovernmental Council (2007)
     Registered Professional Nurses, West Virginia Board of Examiners for
     Rehabilitation Council, West Virginia State
     Rehabilitation Services, Division of, West Virginia Department of Education and the Arts
     Risk and Insurance Management, West Virginia Board of
Ron Yost Personal Assistance Services Board, Statewide Independent Living Council, Division of Rehabilitation Services, West Virginia Department of Education and the Arts

     Sanitarians, West Virginia Board of Registration for
     Senior Services, West Virginia Bureau of     
     Supreme Court of Appeals, West Virginia
     State Police, West Virginia
     Statewide Independent Living Council, Division of Rehabilitation Services,
     West Virginia Department of Education and the Arts
     Tax Increment Financing Act, West Virginia Development Office
     Veterinary Medicine, West Virginia Board of
     Water Development Authority, West Virginia
     Workforce Investment Board, Inc., Northern Panhandle, Region 5
Youth Services, Bureau for Children and Families, West Virginia Department of Health and Human Resources (2007)

                                   Very truly yours,

                                   Joe Manchin III

                                   Governor.

Messages from the Senate

     A message from the Senate, by
     The Clerk of the Senate, announced that the Senate had passed, with amendments, a bill of the House of Delegates as follows:
     H. B. 2404, Relating to inmate reimbursement for medical services provided to persons held in regional jails.
     On motion of Delegate Boggs, the bill was taken up for immediate consideration.
     The following Senate amendments were reported by the Clerk:
     On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 20. WEST VIRGINIA REGIONAL JAIL AND CORRECTIONAL FACILITY
AUTHORITY.

§31-20-5f. Charges assessed against inmates for services provided by the authority.
 
(a) The executive director is authorized to assess inmates serving a sentence in any regional jail reasonable charges for health care and treatment services provided to them by the authority. The charges assessed against an inmate may be deducted directly from the inmate's trustee account without the inmate's consent. The inmate shall be notified of the amount deducted and the charges to which it has been applied.
 (b) As used in this section, a 'reasonable charge' may not exceed the sum of $5 for any billable service. Inmates shall be notified of the fee schedule, billable services and exempt services. Services initiated by the inmate shall be assessed a fee, except that no charge may be assessed for:
 (1) A specific health care service required under the law of this state;
 (2) An emergency service following a traumatic injury other than a self-induced injury, or necessary to prevent death or severe or permanent disability;
 (3) Diagnosis and treatment of communicable diseases;
 (4) Treatment of diagnosed severe mental illness;
 (5) Treatment of specific chronic conditions identified by the executive director;
 (6) Staff-initiated care, including follow-up and referral visits;
 (7) Preventative services that the executive director determines are to be provided or made available to all inmates, including services related to disease prevention and promotion of proper health habits; or
 (8) Other services as may be exempted by the rule of the authority.
 No inmate may be denied any necessary billable medical service because of the inability to pay the charge.
 (c) Each inmate shall be afforded an opportunity at least quarterly to review all deposits into, withdrawals from and balance remaining in the inmate's trustee account during the preceding three months.
 (d) The executive director shall promulgate interpretive rules implementing this section pursuant to article three, chapter twenty-nine-a of this code prior to making any assessment under this section. The rules may establish the fee schedule and list of billable services and further define services to be exempted."
 And,
 By amending the title of the bill to read as follows:
 H. B. 2404 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31-20-5f, relating to inmate reimbursement to the authority for medical services provided to persons held in regional jails; providing exceptions for reimbursement for medical services; and providing authority for rulemaking."
 On motion of Delegate Boggs, 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. 275), 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: Hartman, Hatfield, Manchin, McGeehan and Michael.
    So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2404) 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 amendments, a bill of the House of Delegates as follows:
 Com. Sub. for H. B. 2738, Registering protective orders with the West Virginia Supreme Court of Appeals.
 On motion of Delegate Boggs, the bill was taken up for immediate consideration.
 The following Senate amendments were reported by the Clerk:
 On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
 "That §48-27-802 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §48-28-5 of said code be amended and reenacted; and that §51-1-21 of said code be amended and reenacted, all to read as follows:
CHAPTER 48. DOMESTIC RELATIONS.

ARTICLE 27. PREVENTION AND TREATMENT OF DOMESTIC VIOLENCE.
§48-27-802. Maintenance of registry by State Police.

 (a) The West Virginia State Police shall maintain a registry in which it shall enter certified copies of protective orders entered by courts from every county in this state pursuant to the provisions of this article and of protection orders issued by another a jurisdiction outside of this state pursuant to its law: Provided, That the provisions of this subsection are not effective until a central automated state law-enforcement information system is developed.
 (b) Effective January 2, 2010, A petitioner who obtains a court which enters a protective order pursuant to this article shall immediately register such order in the domestic violence database established pursuant to the provisions of section twenty-one, article one, chapter fifty-one of this code. or A protected individual who obtains a protection order from another a jurisdiction outside of this State pursuant to its law or his or her representative as provided in section five, article twenty- eight of this chapter may register that order in any county within this state where the petitioner believes enforcement may be necessary: with the West Virginia Supreme Court of Appeals for entry in the domestic violence database established pursuant to the provisions of section twenty-one, article one, chapter fifty-one of this code.
_
(c) A West Virginia protective order may be registered by the petitioner in a county other than the issuing county by obtaining a copy of the order of the issuing court, certified by the clerk of that court, and presenting that certified order to the local office of the West Virginia State Police where the order is to be registered.
 
(d) Upon receipt of a certified order for registration, the local office of the West Virginia State Police shall provide certified copies to any law-enforcement agency within its jurisdiction, including any municipal police office and the office of the sheriff.
 
(e) Nothing in this section precludes the enforcement of an order in a county other than the county or jurisdiction in which the order was issued if the petitioner has not registered the order in the county in which an alleged violation of the order occurs.
 
(c) Failure to register an order as provided in this section shall not affect its enforceability in any county or jurisdiction.
§48-28-5. Registration of order  (a) Any individual may register a foreign protection order in this state by:
 (1) Presenting a certified copy of the order to a local office of the West Virginia state police the West Virginia Supreme Court of Appeals for registration in accordance with the provisions of section eight hundred two, article twenty-seven of this chapter. or
 
(2) Presenting a certified copy of the order to the clerk of the court in which enforcement may be sought and request that the order be forwarded to the West Virginia state police for registration in accordance with the provisions of section eight hundred two, article twenty-seven of this chapter.
 (b) An individual registering a foreign protection order shall file an affidavit by the protected individual stating that, to the best of the protected individual's knowledge, the order is currently in effect.
 (c) Upon receipt of a foreign protection order for registration, the local office of the West Virginia state police West Virginia Supreme Court of Appeals shall:
 (1) Provide certified copies of the order to any law-enforcement agency within its jurisdiction, including any municipal police office and the office of the sheriff;
 
(2) (1) Register the order in accordance with the provisions of this section and of section eight hundred two, article twenty-seven of this chapter;
 (3) (2) Furnish to the individual registering the order a certified copy of the registered order proof of registration of the order.
 (d) A registered foreign protection order that is shown to be inaccurate or not currently in effect must be corrected or removed from the registry.
 (e) A foreign protection order registered under this article may be entered in any existing state or federal registry of protection orders in accordance with applicable law.
 (f) A fee may not be charged for the registration of a foreign protection order.
CHAPTER 51. COURTS AND THEIR OFFICERS.

ARTICLE 1. SUPREME COURT OF APPEALS.
§51-1-21. Authority to maintain domestic violence database.

 (a) The West Virginia Supreme Court of Appeals is hereby authorized to maintain a domestic violence database containing certified copies of protective orders entered by the courts of this state and granted pursuant to the provisions of article twenty-seven, chapter forty-eight of this code. Further, the domestic violence database shall also include, whenever possible upon request, protective protection orders issued by other jurisdictions a jurisdiction outside of this state pursuant to its law.
 (b) Only a petitioner protected individual who obtains a protective order pursuant to article twenty-seven, chapter forty-eight of this code, or a protective protection order from another a jurisdiction other than this state pursuant to its law or his or her representative as provided in section five article, twenty-eight of this chapter may register that order with the West Virginia Supreme Court of Appeals.
 (c) Nothing in this section precludes the enforcement of an order in a county other than the county or jurisdiction in which the order was issued if the petitioner has not registered the order with the West Virginia Supreme Court of Appeals. Failure to register an order as provided in this section shall not affect its enforceability in any county or jurisdiction."
 And,
 By amending the title of the bill to read as follows:
 Com. Sub. for H. B. 2738 - "A Bill to amend and reenact §48-27-402 of the Code of West Virginia, 1931, as amended; that §48-28-5 of said code be amended and reenacted; and that §51-1-21 of said code be amended and reenacted, all relating generally to registering protective orders with the West Virginia Supreme Court of Appeals."
 On motion of Delegate Boggs, 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. 276), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
 Absent And Not Voting: Hartman, Hatfield, McGeehan and Michael.
 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. 2738) passed.
 Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
 A message from the Senate, by
 The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
 Com. Sub. for H. B. 2757, Relating to financial audits of insurers.
    On motion of Delegate Boggs, the bill was taken up for immediate consideration.
 The following Senate amendment was reported by the Clerk:
 On page five, section one, line thirty-two, after the word "report," by inserting the words "communication of internal control-related matters noted in an audit,".
 On page five, section one, after line forty-four, by inserting a new subsection, designated subsection (d), to read as follows:
 "(d) Foreign or alien insurers required to file Management's Report of Internal Control over Financial Reporting in another state are exempt from filing the report in this state provided the other state has substantially similar reporting requirements and the report is filed with the commissioner of the other state within the time specified.", and relettering the remaining subsection.        
 On page eleven, section two, line ninety, by striking out "10A(I)" and inserting in lieu thereof "10A(i)".
 And,
 On page forty-five, section twelve, line fourteen, by striking out the word "nonaffiliated" and inserting in lieu thereof the word "nonaffiliates".
 On motion of Delegate Boggs, 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. 277), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
 Absent And Not Voting: Hartman and McGeehan.
 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. 2757) passed.
 Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
 A message from the Senate, by
 The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
 Com. Sub. for H. B. 3082, Relating to the gathering and reporting of foreclosure data and statistics.
 On motion of Delegate Boggs, the bill was taken up for immediate consideration.
 The following Senate amendment was reported by the Clerk:
 On page three, section four-c, line seven, by striking out the words "four-b" and inserting in lieu thereof the words "eight-a".
 And,
 On page six, section eight-a, line forty-six, by striking out the words "The banking commissioner shall compile the data monthly."
 On motion of Delegate Boggs, 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. 278), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
 Nays: Porter.
 Absent And Not Voting: Hartman and McGeehan.
 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. 3082) 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 amendments, a bill of the House of Delegates as follows:
 Com. Sub. for H. B. 3208, Including the hours of training county board members have acquired.
 On motion of Delegate Boggs, the bill was taken up for immediate consideration.
 The following Senate amendments were reported by the Clerk:
 On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 2E. HIGH QUALITY EDUCATIONAL PROGRAMS.
§18-2E-4. Better schools accountability; school, school district and statewide school report cards.

        (a) For the purpose of providing information to the parents of public school children and the general public on the quality of education in the public schools which is uniform and comparable between schools within and among the various school districts, the state board shall prepare forms for school, school district and statewide school report cards and shall promulgate rules concerning the collection and reporting of data and the preparation, printing and distribution of report cards under this section. The forms shall provide for brief, concise reporting in nontechnical language of required information. Any technical or explanatory material a county board wishes to include shall be contained in a separate appendix available to the general public upon request.
        (b) The school report cards shall include information as shall be prescribed by lawfully promulgated rule by the state board to give the parents of students at the school and the general public an indication of the quality of education at the school and other programs supportive of community needs, including, but not limited to, the following:
        (1) Indicators of student performance at the school in comparison with the county, state, regional and national student performance, as applicable, including student performance by grade level in the various subjects measured pursuant to a uniform statewide assessment program adopted by the state board; school attendance rates; the percent of students not promoted to next grade; and the graduation rate;
        (2) Indicators of school performance in comparison with the aggregate of all other schools in the county and the state, as applicable, including average class size; percent of enrollments in courses in high school mathematics, science, English and social science; amount of time per day devoted to mathematics, science, English and social science at middle, junior high and high school grade levels; percentage distribution of students by career cluster as indicated on the individualized student transition plan; pupil-teacher ratio; number of exceptions to pupil-teacher ratio requested by the county board and the number of exceptions granted; the number of split-grade classrooms; pupil-administrator ratio; operating expenditure per pupil; county expenditure by fund in graphic display; and the average degree classification and years of experience of the administrators and teachers at the school;
        (3) The names of the members of the local school improvement council, created pursuant to section two, article five-a of this chapter; and
        (4) The name or names of the business partner or partners of the school.
         In addition, every county board shall annually shall determine the number of administrators, classroom teachers and service personnel employed that exceeds the number allowed by the public school support plan and determine the amount of salary supplements that would be available per state authorized employee if all expenditures for the excess employees were converted to annual salaries for state authorized administrators, classroom teachers and service personnel within their county. The information shall be published annually in each school report card of each such county.
        (c) The school district report card shall include the data for each school for each separately listed applicable indicator and the aggregate of the data for all schools, as applicable, in the county for each indicator. The statewide school report card shall include the data for each county for each separately listed indicator and the aggregate for all counties for each indicator.
        (d) The report cards shall be prepared using actual local school, county, state, regional and national data indicating the present performance of the school and shall also shall include the state norms and the upcoming year's targets for the school and the county board.
        The state board shall provide technical assistance to each county board in preparing the school and school district report cards.
        Each county board shall prepare report cards in accordance with the guidelines set forth in this section. The school district report cards shall be presented at a regular school board meeting subject to applicable notice requirements and shall be made available to a newspaper of general circulation serving the district. The school report cards shall be mailed directly to the parent or parents of any each child enrolled in that school. In addition, each county board shall submit the completed report cards to the state board which shall make copies available to any person requesting them.
        The report cards shall be completed and disseminated prior to January 1, 1989, and in each year thereafter, and shall be based upon information for the current school year, or for the most recent school year for which the information is available, in which case the year shall be clearly footnoted.
        (e) In addition to the requirements of subsection (c) of this section, the school district report card shall list the following information:
        (1) The names of the members of the county board, the dates upon which their terms expire and whether they have attended an orientation program for new members approved by the state board and conducted by the West Virginia School Board Association or other approved organizations; and other school board member training programs
________(2) The number of hours of training that meets state board standards that county board members have received during the school term reported
; and
        (2) (3) The names of the county school superintendent and every assistant and associate superintendent and any training programs related to their area of school administration which they have attended.
        The information shall also shall be reported by district in the statewide school report card.
        (f) The state board shall develop and implement a separate report card for nontraditional public schools pursuant to the appropriate provisions of this section to the extent practicable.
ARTICLE 4. COUNTY SUPERINTENDENT OF SCHOOLS.
§18-4-1. Election and term; interim superintendent.

        (a) The county superintendent shall be appointed by the board upon a majority vote of the members thereof to serve for a term of not less than one, nor more than four years. At the expiration of the term or terms for which he or she shall have been appointed, each county superintendent shall be eligible for reappointment for additional terms of not less than one, nor more than four years. Provided, That
        (1) At the expiration of his or her term or terms of service the county superintendent may transfer to any teaching position in the county for which he or she is qualified and has seniority, unless dismissed for statutory reasons.
        (2) The appointment of the county superintendent shall be made on or before between January 1 and June 1 for a term beginning on July 1 following the appointment.
        (b) A county superintendent who fills a vacancy caused by an incomplete term shall be appointed to serve until the following July 1: Provided, however, That the board may appoint an interim county superintendent to serve for a period not to exceed one hundred twenty days from the occurrence of the vacancy. In the event of a vacancy in the superintendent's position that results in an incomplete term, the board may appoint an interim county superintendent:
________(1) To serve until the following July 1 if the vacancy occurs before March 1.
________(2) To serve until July 1 of the next following year if the vacancy occurs on or after March 1, unless a superintendent is appointed sooner.
________(c) If the superintendent becomes incapacitated due to accident or illness to an extent that may lead to prolonged absence, the county board, by unanimous vote, may enter an order declaring that an incapacity exists in which case the county board shall appoint an acting superintendent to serve until a majority of the members of the board determine that the incapacity no longer exists. An acting superintendent may not serve in that capacity for more than one year, nor later than the expiration date of the superintendent's term, whichever occurs sooner, unless he or she is reappointed by the county board.

        (c) (d) Immediately following the appointment of a county superintendent or an interim county superintendent, the president of the county board immediately upon the appointment of the county superintendent, or the appointment of an interim county superintendent, shall certify the appointment to the state superintendent. Immediately following the appointment of an acting county superintendent or a vote by a majority of the members of the county board that an incapacity no longer exists, the president of the county board shall certify the appointment, reappointment, or appointment termination of the acting superintendent to the state superintendent.
________
(d) (e) During his or her term of appointment, the county superintendent shall be a state resident of the and shall reside in the county which he or she serves or of in a contiguous county. in this state, which he or she serves The county superintendent in office on the effective date of this section shall continue in office until the expiration of his or her term.
§18-4-4. Compensation.
        On or before the first day of May June 1 of the year in which the superintendent is appointed, the board shall fix the annual salary of the superintendent for the period of appointment for the term beginning on the following July 1. The board shall pay the salary from the general current expense fund of the district.
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-1a. Eligibility of members; training requirements.
        
(a) No person shall be eligible for membership on any county board who is not a citizen, resident in such county, or who accepts a position as teacher or service personnel in the school district in which he or she is a resident or who is an elected or an appointed member of any political party executive committee, or who becomes a candidate for any other office than to succeed oneself.
        
(b) No member or member-elect of any board shall be eligible for nomination, election or appointment to any public office, other than to succeed oneself, or for election or appointment as a member of any political party executive committee, unless and until after that membership on the board, or his status as member-elect to the board, has been terminated at or before the time of his filing for such nomination for, or appointment to, such public office or committee: Provided, That 'office' or 'committee', as used in this subsection and subsection (a) of this section, does not include service on any board, elected or appointed, profit or nonprofit, for which the person does not receive compensation and whose primary scope is not related to the public schools.
        
(a) A person who is a candidate for membership on a county board or who is a member or member-elect of a county board:
________
(1) Shall be a citizen and resident in the county in which he or she serves or seeks to serve on the county board;
________
(2) May not be employed by the county board on which he or she serves or seeks to serve, including employment as a teacher or service person;
________
(3) May not engage in the following political activities:
________
(A) Become a candidate for or hold any other public office, other than to succeed him or herself as a member of a county board:
________(i) A candidate for a county board, who is not currently serving on a county board, may hold another public office while a candidate if he or she resigns from the other public office prior to taking the oath of office as a county board member.
________(ii) The term 'public office' as used in this section does not include service on any other board, elected or appointed, profit or nonprofit, under the following conditions:
________
(I) The person does not receive compensation; and
________
(II) The primary scope of the board is not related to public schools.
        (B) Become a candidate for, or serve as, an elected or appointed member of any political party executive committee;
________
(C) Become a candidate for, or serve as, a delegate, alternate or proxy to a county, state or national political party convention;
________
(D) Solicit or receive political contributions to support the election of, or to retire the campaign debt of, any candidate for partisan office;
________
(4) May engage in any or all of the following political activities:
________
(A) Make campaign contributions to partisan or bipartisan candidates;
________
(B) Attend political fund raisers for partisan or bipartisan candidates;
________
(C) Serve as an unpaid volunteer on a partisan campaign;
________
(D) Politically endorse any candidate in a partisan or bipartisan election; or
________
(E) Attend a county, state or national political party convention.
________
(c) (b) A member or member-elect of a county board, or a person desiring to become a member of a county board, may make a written request to the West Virginia Ethics Commission for an advisory opinion on whether to determine if another elected or appointed position held or sought by the person is an office or public office which would bar serving service on the a county board pursuant to subsections subsection (a) and (b) of this section.
        (1) Within thirty days of receipt of the request, the Ethics Commission shall issue a written advisory opinion in response to the request and shall also shall publish such the opinion in a manner which, to the fullest extent possible, does not reveal the identity of the person making the request.
        (2) Any A county board member who relied relies in good faith upon an advisory opinion issued by the West Virginia Ethics Commission to the effect that holding a particular office or public office is not a bar from membership on a county board of education and against whom proceedings are subsequently brought for removal from the county board on the basis of holding such that office or offices shall be is entitled to reimbursement by the county board for reasonable attorney's fees and court costs incurred by the member in defending against such these proceedings, regardless of the outcome of the proceedings.
        (3) Further, no A vote cast by the member at a meeting of the county board shall may not be invalidated due to a subsequent finding that holding the particular office or public office is a bar to membership on the county board.
        (4) Good faith reliance on a written advisory opinion of the West Virginia Ethics Commission that a particular office or public office is not a bar to membership on a county board of education is an absolute defense to any civil suit or criminal prosecution arising from any proper action taken within the scope of membership on the county board, becoming a member-elect of the county board or seeking election to the county board.
        (d) (c) Any person who is elected or appointed To be eligible for election or appointment as a member of a county board on or after May 5, 1992, a person shall possess at least a high school diploma or a general educational development (GED) diploma. Provided, That This provision shall does not apply to members or members-elect who have taken office prior to May 5, 1992, and who serve continuously therefrom from that date forward.
        (e) (d) No A person elected to a county board after July 1, 1990, shall may not assume the duties of county board member unless he or she has first attended and completed a course of orientation relating to boardsmanship and governance effectiveness which shall be given between the date of election and the beginning of the member's term of office Provided, That under the following conditions:
________
(1) A portion or portions of subsequent training such as that offered in orientation may be provided to members after they have commenced their term of office; Provided, however, That
        
(2) Attendance at the session of orientation given between the date of election and the beginning of the member's term of office shall permit such member or members permits the member-elect to assume the duties of county board member, as specified in this section;
        (3) Members appointed to the county board shall attend and complete the next such course offered following their appointment; Provided further, That and
________
(4) The provisions of this section subsection relating to orientation shall do not apply to members who have taken office prior to July 1, 1988, and who serve continuously therefrom from that date forward.
        (f) Commencing on the effective date of this section, members
        
(e) Annually, each member of a county board shall annually receive seven clock hours of training in areas relating to boardsmanship, governance effectiveness, and school performance issues including, but not limited to, pertinent state and federal statutes such as the 'Process for Improving Education' set forth in section five, article two-e of this chapter and the 'No Child Left Behind Act' and their respective administrative rules. Such
        
(1) The orientation and training shall be approved by the state board and conducted by the West Virginia School Board Association or other organization or organizations approved by the state board: Provided, That
        
(A) The state board may exclude time spent in training on school performance issues from the requisite seven hours herein required; Provided, however, That and
________
(B) If the state board elects to exclude time spent in training on school performance issues from the requisite seven hours, such training shall be limited by the state board the state board shall limit the training to a feasible and practicable amount of time.
        (2) Failure to attend and complete such an the approved course of orientation and training relating to boardsmanship and governance effectiveness without good cause as determined by the state board by duly promulgated legislative rules of the state board shall constitute constitutes neglect of duty.
        (g) In the final year of any four-year term of office, a member shall satisfy the annual training requirement before January 1. The state board shall petition the circuit court of Kanawha County to remove any county board member who has failed to or who refuses to attend and complete the approved course of orientation and training. If the county board member fails to show good cause for not attending the approved course of orientation and training, the court shall remove the member from office. Failure to comply with the training requirements of this section without good cause as defined by the state board by duly promulgated legislative rules constitutes neglect of duty under section seven, article six, chapter six of this code.
________(h) The state board shall appoint a committee named the 'county board member training standards review committee' whose members shall meet at least annually. Subject to state board approval, the committee shall determine which particular trainings and training organizations shall be approved and whether county board members have satisfied the annual training requirement. Members of the committee serve without compensation, but may be reimbursed by their agencies or employers for all reasonable and necessary expenses actually incurred in the performance of their duties under this subsection."
        And,
        By amending the title of the bill to read as follows:
        Com. Sub. for H. B. 3208 - "A Bill to amend and reenact §18-2E-4 of the Code of West Virginia, 1931, as amended; to amend and reenact §18-4-1 and §18-4-4 of said code; and to amend and reenact §18-5-1a of said code, all relating to reporting hours of certain training received by county board members on county report card; clarifying eligibility for county board of education generally; providing for appointment and term of interim county superintendents to fill vacancies; providing for appointment and terms of acting county superintendents under certain circumstances; requiring certification to state superintendent of certain appointments, reappointments and appointment terminations; modifying deadline for setting annual compensation of county superintendents; establishing county board member training standards review committee; providing for member appointments, duties and certain expenses under certain circumstances; clarifying eligibility requirements for candidates, members and members-elect of county boards of education; prohibiting certain political activities and clarifying which political activities are permissible; removing certain duty of state board of education regarding members of county boards of education; making technical clarifications of current law; authorizing candidates for county boards of education to hold public office until taking the oath of office as members of county boards; adding definition of neglect of duty; making other technical changes; and clarifying terms."
        On motion of Delegate Boggs, 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, with amendments, to take effect July 1, 2009, a bill of the House of Delegates as follows:
        H. B. 3229, Relating to creation of the Science and Research Council.
        On motion of Delegate Boggs, the bill was taken up for immediate consideration.
        The following Senate amendments were reported by the Clerk:
        On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 18B. SCIENCE AND RESEARCH COUNCIL.
§18B-18B-1. Science and Research Council established; purposes.
        (a) The Science and Research Council is hereby established. For the purposes of this article only, 'council' means the Science and Research Council established herein.
        (b) The purposes of the council include, but are not limited to, the following:
        (1) Increasing the capacity of the state and state institutions of higher education to attract, implement and use cutting-edge, competitive research funds and infrastructure;
        (2) Providing expertise and policy guidance in science and research to the state, its agencies and state institutions of higher education regarding federal programs such as the Experimental Program to Stimulate Competitive Research ('EPSCoR') and similar state programs such as the West Virginia Research Trust Fund established in article eighteen-a of this chapter and the Research Challenge Fund established in section twelve, article one-b of this chapter;
        (3) Encouraging research collaboration among public and private institutions of higher education and the private sector, both within and outside the state;
        (4) Promoting education at all levels in the fields of science, technology, engineering and mathematics; and
        (5) Providing recommendations to the Commission and state policymakers, including the Governor and Legislature, regarding science and research initiatives and effective programmatic activities, budgets and investments to implement those initiatives.
        (c) The council replaces the EPSCoR State Advisory Council and consists of fifteen members as follows:
        (1) The vice presidents in charge of research at Marshall University and West Virginia University;
        (2) A representative of health sciences at Marshall University and a representative of health sciences at West Virginia University, appointed by the deans of the respective schools of medicine;
        (3) The Secretary of Education and the Arts or designee;
        (4) The State Superintendent of Schools or designee;
        (5) The Secretary of Commerce or designee;
        (6) The Vice Chancellor for Science and Research of the Commission;
        (7) The Chancellor of the Commission who chairs the council;
        (8) One member engaged in applied research at Marshall University and one member engaged in applied research at West Virginia University, appointed by the provosts of the respective universities; and
        (9) Four members, appointed by the Governor, who have demonstrated interest, knowledge, skill and experience in academic research and scientific innovation and who possess recognized credentials and expertise in one or more of the following areas:
        (A) Science, technology, engineering or mathematics ('STEM') fields;
        (B) Cyberinfrastructure, information technology or computer science;
        (C) Research and development;
        (D) Technology based economic development or industry; or
        (E) Undergraduate research or science education.
        At least two of the members appointed by the Governor shall be representatives of business or industry.
        (d) Of the initial appointments made by the Governor, one member shall be appointed to a one-year term; one member shall be appointed to a two-year term; one member shall be appointed to a three-year term; and one member shall be appointed to a four-year term. Of the initial appointments made by the deans of schools of medicine, the member appointed by the dean of the Marshall University School of Medicine shall be appointed to a two-year term, and the member appointed by the dean of the West Virginia University School of Medicine shall be appointed to a three-year term. Of the initial appointments made by the provosts, the member appointed by the West Virginia University provost shall be appointed to a two-year term, and the member appointed by the Marshall University provost shall be appointed to a four-year term.
        (e) After the initial appointments, all members serve terms of four years. Each appointed member who qualifies under the provisions of this section may serve for no more than two successive terms. An appointment to fill a vacancy on the council or reappointment of a member who is eligible to serve an additional term is made in accordance with the provisions of this section.
        (f) Members of the council serve without compensation, but are entitled to reimbursement by the commission for expenses, including travel expenses, actually incurred by the member in the official conduct of the business of the council.
§ 18B-18B-2. Strategic plan; reports.
        (a) The council shall develop a strategic state plan for science and technology research that establishes a collaborative process to engage all scientific research resources, both public and private, in a comprehensive, strategic network. The council's strategic state plan serves as the state plan for science and technology research.
        (b) At a minimum, the strategic plan shall address science and technology research resources and their relation to the following areas of research:
        (1) Human and physical infrastructure;
        (2) Policy development;
        (3) Education and outreach;
        (4) Research innovation; and
        (5) Economic development.
        (c) Periodically, the council shall reassess the strategic state plan and update it as needed. Any new or updated strategic state plan shall be approved by the commission prior to becoming effective.
        (d) The EPSCoR Advisory Council's current 'Vision 2015: The West Virginia Science and Technology Strategic Plan' serves as the state plan for science and technology research until a plan is approved by the council.
        (e) The council shall report to the Legislative Oversight Commission on Education Accountability by July 1, 2010, and annually thereafter, on progress in implementing the strategic state plan, as well as any updates to the plan."
        And,
        By amending the title of the bill to read as follows:
        H. B. 3229 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18B-18B-1 and 18B-18B-2, all relating to creation of the Science and Research Council; establishing purposes; providing for membership appointments, qualifications, and terms of office; providing that the council replaces the EPSCoR Advisory Council; requiring development of a strategic state plan for science and technology research; and requiring annual reports to the Legislative Oversight Commission on Education Accountability."
        On motion of Delegate Boggs, 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. 279), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
        Absent And Not Voting: Hartman and McGeehan.
        So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 3229) passed.
        Delegate Boggs moved that the bill take effect July 1, 2009.
        On this question, the yeas and nays were taken (Roll No. 280), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
        Absent And Not Voting: Hartman and McGeehan.
        So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 3229) takes effect July 1, 2009.
        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 concurrence in the amendment of the House of Delegates and the passage, as amended, of
        Com. Sub. for S. B. 384, Authorizing Department of Transportation take control of certain highway emergencies.
Resolutions Introduced

        Delegates Barker, Moye, Anderson, Argento, Ashley, Azinger, Beach, Blair, Boggs, Border, Butcher, Campbell, Cann, Canterbury, Carmichael, Crosier, Eldridge, Evans, Ferro, Fleischauer, Givens, Guthrie, Hatfield, Hunt, Hutchins, Iaquinta, Ireland, Klempa, Lane, Lawrence, Longstreth, Louisos, Mahan, Manchin, Manypenny, Marshall, Martin, McGeehan, Michael, C. Miller, Overington, Paxton, Pethtel, Phillips, D. Poling, M. Poling, Porter, Rodighiero, Rowan, Schadler, Schoen, Shaver, Shook, Shott, Skaff, Smith, Stephens, Stowers, Swartzmiller, Varner, Walker, Walters, Wells, Williams and Wooton offered the following resolution, which was read by its title and referred to the Committee on Rules:
        H. C. R. 85 - "Requesting the Joint Committee on Government and Finance study the feasibility of the utilization of the electronic verification of work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996, Public Law 104-208, Division C, Section 403(a), 8 USC Section 1324a, and operated by the United States Department of Homeland Security, known as the E-Verify Program with the West Virginia 'Verifying Legal Employment Status of Workers' statute."
        Whereas, The work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996, Public Law 104-208, Division C, Section 403(a), 8 USC Section 1324a, and operated by the United States Department of Homeland Security, known as the E-Verify Program, utilizes an electronic status verification system to determine the status of legal and unauthorized workers or aliens employed in the United States; and
        Whereas, There are an alarmingly large number of unauthorized workers or aliens, otherwise known as illegal workers or aliens, employed throughout the United States and West Virginia in violation of existing laws. West Virginia has an existing statute known as the Verifying Legal Employment Status of Workers Act whereby it is unlawful to knowingly hire or employ an authorized worker. The statute requires employers to verify the legal status or authorization of a prospective employee prior to employment; and
        Whereas, Our national security and compliance with existing laws relating to the verification of the status of prospective employees as to their citizenship or authorization to seek employment in West Virginia would best be served by utilization of the status verification system and ensure that West Virginia employers only hire employees who are legal citizens of the United States or are legal or authorized aliens; 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 the utilization of the electronic verification of work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996, Public Law 104-208, Division C, Section 403(a), 8 USC Section 1324a, and operated by the United States Department of Homeland Security, known as the E-Verify Program with the West Virginia statute relating to verifying the legal employment status of prospective workers or employees in West Virginia; and, be it
        Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2010, 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 Manypenny, Caputo, Perdue, Perry, Fragale, Hatfield, Morgan, Iaquinta, Swartzmiller, Marshall, Martin, Miley, Wooton, Moore, Brown, Reynolds, Barker, Moye, D. Poling, Rodighiero, Fleischauer, Stephens, Skaff, Staggers, Wells, Longstreth, Mahan, Manchin, Klempa, Kominar, Susman, Tabb, Talbott, Lawrence, Campbell, Williams, Cann, Butcher, Craig, Eldridge, Givens, Guthrie, Hall, Hunt, Louisos, Michael, Paxton, Shaver, Phillips, Frazier, Walker, Stowers, Smith, Shott, Anderson, Blair, Carmichael, Duke, C. Miller, Porter, Schoen, Rowan, Schadler and Romine offered the following resolution, which was read by its title and referred to the Committee on Rules:
        H. C. R. 87 - "Requesting the Committee on Government and Finance to conduct a study on the disposal of pharmaceuticals and other hazardous materials in West Virginia water and wastewater disposal systems."
        Whereas, West Virginia's water resources is one of its most precious commodities; and
        Whereas, For years, consumers were advised that wastewater sewage disposal was the safest way of disposing unwanted medicines - However, several studies have revealed the presence of hundreds of low-level drug and personal care product residues in waterways throughout the country.
        Whereas, These byproducts can include: birth control pills, estrogen replacement drugs, ibuprofen, mood stabilizers, antibiotics, bug spray, sunscreen and antibacterial soap containing triclosan; and
        Whereas, Many of these drugs discovered can act as endocrine disruptors, compounds that mimic or interfere with human hormones, while other waste materials contribute to antibiotic resistance; and
        Whereas, Scientists are examining endocrine disruptors as a possible cause of "intersex" fish (male fish that are producing eggs), which researchers have documented in streams in the Eastern Panhandle streams and other streams; and
        Whereas, Sewage treatment plants are not designed to remove those types of substances, thus causing them to go back into the water supply; and
        Whereas, Many cities cannot afford the charcoal filters required to screen out the final traces of these byproducts from drinking water; and
        Whereas, It is the intent of the Legislature to improve our water systems, while also improving the ecological and aquatic life in our streams and rivers; and
        Whereas, Hazardous waste disposal events have been held in the State to work with the public on the proper disposal of hazardous materials to help address this growing problem; and
        Whereas, These events have proven to be successful yet costly to operate - $15,000 to $40,000 per event; and
        Whereas, Organizations involved in these types of events include, but are not limited to: Friends of Cacapon River; West Virginia Rivers Coalition; Appalachian Center for the Economy and the Environment; Cacapon Institute; Potomac Headwaters RC&D; Division of Environmental Protection; Division of Natural Resources; Division of Forestry; West Virginia Conservation Agency and the Department of Agriculture; and
        Whereas, There is a need to develop a safe and efficient method of collecting and disposing of pharmaceuticals; and
        Whereas, The Legislature desires to encourage Hospitals, Pharmaceutical Industries, Division of Natural Resources, Department of Agriculture, Division of Environmental Protection and other entities to establish a better method of waste materials; and
        Whereas, It is the intent of the Legislature to lend support to these disposal programs by working with the aforementioned groups and develop ways and means to promote clean water and wastewater systems in the state; therefore be it
        Resolved by the Legislature of West Virginia:
        
That the Joint Committee on Government and Finance is hereby requested to conduct a study on the disposal of pharmaceuticals and other hazardous materials in West Virginia water and water disposal systems; and, be it
        Further Resolved,
That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2010, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
        Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
        Mr. Speaker, Mr. Thompson, and Delegates Anderson, Argento, Armstead, Ashley, Azinger, Barker, Beach, Boggs, Border, Butcher, Campbell, Cann, Canterbury, Caputo, Carmichael, Cowles, Craig, Crosier, Duke, Eldridge, Ennis, Evans, Ferro, Frazier, Givens, Hall, Hamilton, Hartman, Hunt, Hutchins, Iaquinta, Ireland, Klempa, Kominar, Lane, Manchin, Manypenny, Marshall, Martin, Michael, Miley, C. Miller, J. Miller, Moye, Paxton, Perdue, Perry, Pethtel, Phillips, D. Poling, M. Poling, Porter, Rodighiero, Ross, Rowan, Shaver, Shook, Skaff, Smith, Sobonya, Stephens, Stowers, Sumner, Susman, Swartzmiller, Tabb, Varner, Walker, White and Williams offered the following resolution, which was read by its title and referred to the Committee on Rules:
        H. C. R. 88 - "Requesting the Joint Committee on Government and Finance to appoint a select interim committee to study the issue of a constitutional amendment to prohibit the state from recognizing same sex marriages."
        Whereas, A question has been raised as to the necessity of a marriage protection amendment to the West Virginia Constitution; and
        Whereas, Constitutional amendments are not as easily changed as statutes with statutes being more susceptible to the courts; therefore, be it
        Resolved by the Legislature of West Virginia:
        That the Legislature hereby request the Joint Committee on Government and Finance to appoint a select interim committee to study the issue of a constitutional amendment to prohibit the state from recognizing same sex marriages; and, be it
        Further Resolved, That the Select Committee will report to the 2010 regular session of the Legislature on its findings, conclusions and recommendations, including drafts of any 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 all reports and draft legislation be paid from the legislative appropriations to the Joint Committee on Government and Finance.
        Delegates Wooton, Moye, Susman, Mahan, Sumner and Frazier offered the following resolution, which was read by its title and referred to the Committee on Rules:
        H. R. 49 - "Commemorating the life of the Honorable Charles Berkley Lilly, retired circuit court Judge, former member of the West Virginia House of Delegates, civic leader, beloved husband and father, and distinguished West Virginian."
        Whereas, C. Berkley Lilly was born on January 10, 1923, at Oxley, now Beaver, in Raleigh County to the late Zion Burkley and Anna Shumate Lilly; and
        Whereas, C. Berkley Lilly is survived by his beloved wife of sixty-one years, Anna Lee Bowyer Lilly; two daughters, Ellen Lilly File and her husband, Robert N. File, and Kerry Lilly Mullins and her husband, Leslie J. Mullins; and four granddaughters, Sarah Elizabeth File, Marjorie Anne Mullins, Lindsay Catherine File and Laura Ellen File; and
        Whereas, C. Berkley Lilly graduated from Nuttall High School, obtained his B.A. degree from West Virginia Institute of Technology, and obtained his LLB degree from the T.C. Williams School of Law at the University of Richmond in 1947; and
        Whereas, C. Berkley Lilly began his long legal career in Beckley in 1947, first entering private practice and later serving as an Assistant United States Attorney for the Southern District of West Virginia and as a police judge under three mayors in Beckley; and
        Whereas, C. Berkley Lilly was first elected to the West Virginia House of Delegates from Raleigh County in 1960 and was reelected in 1962; and
        Whereas, After serving for four years as the prosecuting attorney of Raleigh County, C. Berkley Lilly was elected Circuit Judge for the 10th Judicial Circuit, Raleigh County, in 1968, 1976 and 1984; and
        Whereas, Following his retirement in 1988 from the circuit court bench, Judge Lilly continued his service to the court as a Senior Status Judge and entered private practice with Gorman, Sheatsley and Hutchison; and he was also certified as a mediator and arbiter, work which he enjoyed well into his eighties; and
        Whereas, Judge Lilly was active in the Raleigh County Bar Association, the West Virginia State Bar, and the West Virginia Judicial Association, holding all offices in both the Raleigh County Bar and the Judicial Association, and serving on the Board of Governors for the State Bar. He served as the president of the West Virginia University College of Law Alumni Association, the first nonalumnus so elected. Judge Lilly was also active in the United Methodist Temple and civic affairs in the Beckley area; and
        Whereas, The Honorable C. Berkley Lilly passed away on January 10, 2009, on his 86th birthday, leaving behind a rich legacy of dedication and commitment to his family, community and state; therefore, be it
        Resolved by the House of Delegates:
        That the members of this body hereby express their profound sadness at the passing of one of their own, the Honorable C. Berkley Lilly, retired circuit court Judge, former member of the West Virginia House of Delegates, civic leader, beloved husband and father, and distinguished West Virginian; and, be it
        Further Resolved, That the House hereby commemorates the life of the Honorable C. Berkley Lilly, a good and decent man whose unique abilities touched the lives of many West Virginians; and, be it
        Further Resolved, That the Clerk of House Delegates forward a certified copy of this resolution to the family of the C. Berkley Lilly, including his beloved wife, Anna Lee Bowyer Lilly, and his two daughters, Ellen Lilly File and Kerry Lilly Mullins.
Special Calendar

Unfinished Business

        H. C. R. 62, Requesting that the Joint Committee on Government and Finance authorize the study of the creation of art, entertainment and enterprise districts within political subdivisions; 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. 75, The "Pearl Harbor: PFC Carey K. Stockwell Memorial Bridge"; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
        Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Third Reading

        S. B. 12, Allowing 2-year motorcycle registration period; 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. 281), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
        Absent And Not Voting: Hartman and McGeehan.
        So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 12) 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. 424, Converting financial institution to state-chartered bank 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. 282), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
        Absent And Not Voting: Hartman and McGeehan.
        So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 424) passed.
        An amendment to the title of the bill, recommended by the Committee on Banking and Insurance, was reported by the Clerk and adopted, amending the title to read as follows:        
        S. B. 424 - "A Bill to amend and reenact §31A-4A-1, §31A-4A-2, §31A-4A-3 and §31A- 4A-4 of the Code of West Virginia, 1931, as amended, all relating to the conversion of banks and other financial institutions to a West Virginia state-chartered bank; allowing any bank, thrift or credit union organized under the laws of the United States or any other state to convert into a state- chartered bank."
        Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
        S. B. 476, Relating to "financial institution" definition; 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 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
        Absent And Not Voting: Hartman, McGeehan and Shott.
        So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 476) passed.
        Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
        S. B. 493, Transferring central registry for head injuries to Center for Excellence in Disabilities; 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 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
        Absent And Not Voting: Hartman and McGeehan.
        So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 493) passed.
        Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
        S. B. 503, Defining "sound financial condition"; 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. 285), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
        Absent And Not Voting: Hartman and McGeehan.
        So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 503) passed.
        Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
        Com. Sub. for S. B. 532, Creating WV SAFE Mortgage Licensing Act; on third reading, coming up in regular order, was read a third time.
        Delegate J. Miller requested to be excused from voting on the passage of Com. Sub. for S. B. 532 under the provisions of House Rule 49 stating that he was a loan originator.
        The Speaker refused to excuse 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. 286), and there were--yeas 81, nays 17, absent and not voting 2, with the nays and absent and not voting being as follows:
        Nays: Anderson, Andes, Blair, Border, Cowles, Duke, Ireland, C. Miller, Moye, Overington, Porter, Romine, Schoen, Shott, Sobonya, Sumner and Walters.
        Absent And Not Voting: Hartman and McGeehan.
        So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 532) passed.
        Delegate Boggs moved that the bill take effect July 1, 2009.
        On this question, the yeas and nays were taken (Roll No. 287), and there were--yeas 89, nays 9, absent and not voting 2, with the nays and absent and not voting being as follows:
        Nays: Andes, Cowles, Duke, C. Miller, Overington, Porter, Schoen, Sobonya and Sumner.
        Absent And Not Voting: Hartman and McGeehan.
        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. 532) takes effect July 1, 2009.
        Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Messages from the Senate

        A message from the Senate, by
        The Clerk of the Senate, announced 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 the Clerk as follows:
        S. C. R. 68 - "Extending the regular session of the Legislature, 2009."
        Resolved by the Legislature of West Virginia, two thirds of the members elected to each house agreeing thereto:
        That the first regular session of the Seventy-Ninth Legislature, 2009, is hereby extended pursuant to section twenty-two, article VI of the Constitution of the State of West Virginia, until and including the sixth day of June, 2009, for consideration of the budget, budget bills, supplementary appropriation bills, legislation relating to implementation of or expenditures pursuant to the American Recovery and Reinvestment Act of 2009 otherwise known as the federal economic stimulus program, and for reconsideration of any bills vetoed or disapproved by the Governor and any budget bill or supplementary appropriation bill vetoed, disapproved or reduced by the Governor as to any item or part or as to the entire bill; and, be it
        Further Resolved, That when adjournment is taken by the two houses of the Legislature at the close of their respective sessions on the eleventh day of April, 2009, such adjournment shall be until 12:01 a.m. on the twelfth day of April, 2009, pursuant to section twenty-two, article VI of the Constitution of the State of West Virginia, unless the Legislature is called to reconvene prior thereto by a majority vote of the Joint Committee on Joint Rules of the Legislature, in which event such adjournment shall be until the date and time of reconvening specified by said committee.
        At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (S. C. R.68) to a committee was dispensed with, and it was taken up for immediate consideration.
        The question now being on the adoption of the resolution, the yeas and nays were taken (Roll No. 288), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
        Absent And Not Voting: Hartman and McGeehan.
        So, two thirds of the members elected having voted in the affirmative, the Speaker declared the resolution (S. C. R. 68) adopted.
        Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Special Calendar

Third Reading

-Continued-

        S. B. 595
, Relating to assignment of child support obligations; 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 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
        Absent And Not Voting: Hartman and McGeehan.
        So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 595) 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. 632, Requiring insurers share certain information with Bureau for Medical Services; 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 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
        Absent And Not Voting: Hartman and McGeehan.
        So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 632) passed.
        Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
        S. B. 669, Extending Preventative Care Pilot Program; on third reading, coming up in regular order, was read a third time.
        The question being on the passage of the bill, the yeas and nays were taken (Roll No. 291), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
        Nays: Walters.
        Absent And Not Voting: Hartman and McGeehan.
        So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 669) 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:
        S. B. 669 - "A Bill to amend and reenact §16-2J-3 and §16-2J-7 of the Code of West Virginia, 1931, as amended, all relating to extending the Preventative Care Pilot Program (PCPP) for two years under certain conditions; increasing the number of parties the Health Care Authority and the Insurance Commissioner could permit to participate in the PCPP; allowing sales to those with high deductible health benefit plans in certain circumstances and providing notice to the parties that prepaid services under the program may not count towards applicable health insurance deductibles."
        Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
        At 12:01 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 5:00 p.m., and reconvened at that time.
* * * * * * *

Evening Session

* * * * * * *

Special Calendar

Third Reading

-Continued-

        
Com. Sub. for S. B. 672, Creating Mental Health Stabilization Act of 2009; 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 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
        Absent and Not Voting: C. Miller, Moore, Shook and Stephens.
        So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 672) passed.
        Delegate Boggs moved that the bill take effect July 1, 2009.
        On this question, the yeas and nays were taken (Roll No. 293), 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: C. Miller, Moore, Shook and Stephens.
        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. 672) takes effect July 1, 2009.
        Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
        S. B. 764, Providing race election results certification procedure; 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. 294), 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: C. Miller, Moore, Shook and Stephens.
        So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 764) passed.
        Delegate Boggs moved that the bill take effect from its passage.
        On this question, the yeas and nays were taken (Roll No. 295), 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: C. Miller, Moore, Shook and Stephens.
        So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 764) takes effect from its passage.
        Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Second Reading

        Com. Sub. for S. B. 172, Authorizing Department of Administration 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 eight, section three, line twenty-one, following the word "authorized", by striking out the period and inserting a comma and the following language:
"with the following amendment:
        On page three, subsection 3.3.1, line twenty-one, following the period after the words 'receipt of request', by inserting the words 'If the spending unit does not have copies of the most recent solicitation and contract for the service or commodity, the spending unit shall authorize the Purchasing Division to release to the CNA that information, if available, within ten (10) working days of receipt of request by the CNA.';
        On page seven, subsection 5.1.5, line twenty-two, following the period after the words 'receipt of the proposed price', by striking out the remainder of the sentence."
        And,
        On page ten, section four, line twenty, by striking out the word "repealed" and inserting in lieu thereof the word "authorized".
The bill was then ordered to third reading.

        Com. Sub. for S. B. 195, Authorizing Department of Health and Human Resources promulgate legislative rules; on second reading, coming up in regular order, was read a second time and ordered to third reading.
        Com. Sub. for S. B. 239, Allowing majority vote for certain metro government approval; 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 four-a, beginning on line one, by striking out the remainder of the bill and inserting in lieu thereof the following:
        "(a) Notwithstanding any other provision of this chapter to the contrary, where the election is on the question of consolidation of a county with a population exceeding 150,000, based on the 2000 or 2010 census of population taken under the authority of the United States government, and a single Class I city that is the principal municipality of the county, then metro government becomes effective pursuant to the charter if a majority of the legal votes cast by the qualified voters of the principal city and a majority of the legal votes cast by the qualified voters of all incorporated and unincorporated areas of the affected county, excluding the principal city, approves the consolidation.
________(b) As used in this section, a Class I city is a municipality so classified under section eight, article one, chapter eight of this code.
".
        The bill was then ordered to third reading.
        Com. Sub. for S. B. 243, Relating to issuing general obligation bonds; 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 four, line fourteen, by striking out the word "shall" and inserting in lieu thereof the word "may".
        On page three, section four, line eighteen, following the words "a county", by striking out the words "or magisterial district".
        On page three, section four, beginning on line twenty, following the word "education" and the comma, by inserting the following: "as the case may be, shall", followed by a comma.
        On page five, section four, line fifty-three, following the word "such", by inserting the word "the".
        On page five, section four, line fifty-eight, following the word "such", by inserting the word "the".
        On page five, section four, line sixty-two, by striking out the word "each" and inserting in lieu thereof the word "that".
        On page six, section fourteen, line six, following the word "such", by inserting the word "the".
        On page seven, section fourteen, line twenty-five, by striking out the word "are", and inserting in lieu thereof the words "will be".
        On page eight, section fifteen-a, line one, by striking out the word "are" and inserting the words "may be".
        On page nine, section sixteen, line seven, following the word "such" by inserting the word "the".
        On page twelve, section nineteen, line seven, by striking out the words "district or independent school district" and inserting in lieu thereof the words "county board of education".
        On page twelve, section twenty-one, line two, following the word "bonds", by inserting the words "pursuant to this article".
        And,
        On page thirteen, section twenty-one, line ten, following the word "such", by inserting the word "the".
        The bill was then ordered to third reading.
        Com. Sub. for S. B. 244, Relating to public employees' reemployment after retirement; on second reading, coming up in regular order, was read a second time and ordered to third reading.
        S. B. 262, Removing prohibition against using county's General Revenue Fund for historic preservation; on second reading, coming up in regular order, was read a second time and ordered to third reading.
        S. B. 335, Authorizing Division of Culture and History distribute fairs and festivals' funding; on second reading, coming up in regular order, was read a second time.
        An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page one, after the enacting section by striking out the remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 1. DIVISION OF CULTURE AND HISTORY.
§29-1-11. Power to accept and receive funds; power to apply for grants; disbursal of funds; restrictions on expenditure; disposition of funds heretofore received or appropriated.

          
(a) The division may, in the name of the State of West Virginia, through the commissioner or its commissions, accept and receive grants, appropriations, gifts, bequests and funds from any public or private source for the purpose of carrying out the duties and purposes of this article.
__________(b) The division may, through the commissioner or its commissions, apply for grants from the federal government, private foundations and any other source for the purposes of this article.            (c) All funds received from any source shall be paid into the Treasury of the state and disbursed upon warrant by the State Auditor following requisition by the division. Such The requisitions shall be signed by the commissioner or by such other another person as the commissioner may authorize by written document deposited with the auditor or, in the event of emergency, by the Governor or the Governor's designee.
          (d) No funds or gifts received from any source shall be expended or used for any purpose other than that intended as evidenced by a positive and affirmative declaration or by a negative restriction or limitation.
          (e) The division may assist in the promotion and operation of an annual state fair and other regional or local fairs and festivals entitled to aid when funds are available and to expend those funds for the support and development of fairs and festivals.
__________
(f) All federal or state funds received to provide grants-in-aid or awards to further the purposes of this article shall be approved and distributed by the appropriate commission established by this article."
          The bill was then ordered to third reading.
          S. B. 338, Creating additional seventeenth judicial circuit court judge; on second reading, coming up in regular order, was read a second time and ordered to third reading.
          Com. Sub. for S. B. 382, Adjusting State Rail Authority's contract authority; on second reading, coming up in regular order, was read a second time and ordered to third reading.
          Com. Sub. for S. B. 404, Creating sesquicentennial commission and fund; on second reading, coming up in regular order, was read a second time.
          An amendment, recommended by the Committee on Finance, was reported by the Clerk, on page two, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 13. WEST VIRGINIA SESQUICENTENNIAL OF THE AMERICAN CIVIL __________WAR COMMISSION AND FUND.
§4-13-1. Findings; West Virginia Sesquicentennial of the American Civil War Commission established; purpose.

__(a) The Legislature finds that the role of West Virginia, its creation as a state, and the roles of individual West Virginians in the American Civil War, from the time of John Brown's Raid through the formation of the State of West Virginia and the conclusion of the American Civil War, are of such historical significance as to warrant their commemoration.
__(b) There is hereby created the West Virginia Sesquicentennial of the American Civil War Commission.
__(c) The purpose of the commission is to prepare for and commemorate the sesquicentennial of West Virginia's participation in the American Civil War.
§4-13-2. Membership; terms; filling vacancies; election of chair and vice-chair.

(a) The Governor shall appoint eleven members as follows:

__(1) Three academic historians;
__(2) One American Civil War reenactor;
__(3) One representative of the Division of Culture and History;
__(4) One representative of the Division of Tourism; and
__(5) Five citizens members, no more than one of whom may be from any one state senatorial district
.
  (b) The members shall serve until July 1, 2021.
__
(c) Appointments to fill vacancies shall be for the unexpired terms. Vacancies shall be filled in the same manner as the original appointments.
__
(d) The commission shall elect a chair and a vice-chair from among its members.
§4-13-3. Expense reimbursement.
__(a) Members shall serve without compensation.
__(b) The commission may reimburse members for all reasonable and necessary expenses actually incurred in the performance of his or her duties as a commission member, in a manner consistent with the guidelines of the travel management office of the Department of Administration, subject to availability of funds received pursuant to subdivision (1), subsection (a), section six of this article. No provision of this section may be construed to require any appropriation of funds by the Legislature.
§4-13-4. Quorum; meetings.
__
(a) A simple majority of the members serving on the board at a given time constitutes a quorum for the transaction of business.
__
(b) Meetings shall be held in accordance with the provisions of article nine-a, chapter six of this code.
§4-13-5. Advisory council.
__The commission may establish an advisory council composed of citizens at large who have knowledge of American Civil War history and interest in its sesquicentennial celebration, to assist the commission in its work.
§4-13-6. Powers; duties; limitation on duration of contracts.
__(a) The commission may:
__(1) Solicit, accept, use and dispose of gifts, grants, donations, bequests or other funds or real or personal property for the purpose of aiding or facilitating the work of the commission, upon compliance with the provisions of section two, article two, chapter twelve of this code;
__
(2) Procure supplies, services and property, and make or enter into contracts, leases or other legal agreement as necessary to carry out its duties: Provided, That no contract, lease or other legal agreement may be entered into by the commission with terms which would extend beyond the termination date of the commission;
__(3) Plan, develop and carry out programs and activities appropriate to commemorate the sesquicentennial of the American Civil War;
__(4) Encourage civic, historical, educational, economic and other organizations throughout West Virginia to organize and participate in activities to expand the understanding and appreciation of the American Civil War;
__(5) Provide technical assistance to localities and nonprofit organizations to further the commemoration of the sesquicentennial of the American Civil War;
__(6) Develop programs and facilities to ensure that the sesquicentennial commemoration of the American Civil War result in a positive legacy and long-term public benefit;
__(7) Encourage the development and conduct of programs designed to involve all citizens in activities that commemorate the sesquicentennial of the American Civil War; and
__(8) Focus its activities on the role of West Virginia and its creation as a state and the roles of individual West Virginians in the American Civil War.
__(b) The commission shall report to the Legislature at each regular session and at the same time report to the Governor concerning the action taken by the commission during the previous year in carrying out the provisions of this article and make such special reports as may be required by the Legislature and Governor.
§4-13-7. Termination of the commission.
__
The commission shall terminate on June 30, 2021.".
  On motion of Delegates White, Campbell, Doyle, Klempa and Manchin, the amendment was amended on page one, section two, line twenty-three, following "(2)", by striking out the words "One American Civil War reenactor", and inserting in lieu thereof the words "The Secretary of the Department of Education and the Arts, or a designee".
  On page two, section two, line one, following the words "Division of Tourism", by striking out the word "and".
  On page two, section two, line three, following the words "senatorial district", by striking out the period and inserting in lieu thereof a semi-colon, and the following:
  "(6) One member of the House of Delegates, to be appointed by the Speaker of the House of Delegates, who shall serve as an ex officio non-voting member of the Commission; and
  (7) One member of the Senate, to be appointed by the President of the Senate, who shall serve as an ex officio non-voting member of the Commission."
  The question now being on the adoption of the Finance Committee amendment, as amended, was put and adopted.    
  There being no further amendments, the bill was then ordered to third reading.
  Com. Sub. for S. B. 408, Relating to model health plan for uninsurable individuals; on second reading, coming up in regular order, was read a second time and ordered to third reading.
  Com. Sub. for S. B. 418, Relating to municipalities' fee requirements; on second reading, coming up in regular order, was read a second time.
  An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page one, section thirteen-a, beginning on line one, by striking out the remainder of the bill and inserting in lieu thereof the following:
  "(a) In addition to the requirements of section thirteen of this article, a municipality that imposes or increases by ordinance any rate, fee or charge for the installation, continuance, maintenance or improvement of any essential or special municipal service pursuant to said section thirteen shall, in the ordinance:
__(1) Set forth the specific purpose or purposes for which the rate, fee or charge is imposed or increased;
__(2) Establish a municipal special revenue account separate and apart from the municipality's general revenue account to be administered by the municipality solely for the specific purpose or purposes for which the rate, fee or charge is imposed or increased;
__(3) Require that all collections of the rate, fee or charge shall be deposited into the municipal special revenue account and may be expended only for the specific purpose or purposes for which the rate, fee or charge is imposed or increased; and
__(4) Prohibit the transfer or deposit of any of the collections or any of the moneys in the municipal special revenue account into the municipality's general revenue account.
__(b) No provision of this section applies to any ordinance in effect on the effective date of the enactment of this section, except that this section shall apply to an ordinance in effect on the effective date of the enactment of this section if it is subsequently amended to increase the rate, fee or charge imposed by the ordinance.
"
  The bill was then ordered to third reading.
  S. B. 434, Relating to long-term care policy insurance agents; 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, section eight-a, line seventy, following the word "section", by striking out the remainder of the subsection.
  The bill was then ordered to third reading.
  S. B. 464, Authorizing Public Employees Insurance Agency charge fee for paper transactions; on second reading, coming up in regular order, was read a second time.
  An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page one, section twenty-four-a, line one, after the words "in section", by striking out the word "nine" and inserting in lieu thereof the word "twenty-four".
  The bill was then ordered to third reading.
  Com. Sub. for S. B. 501, Prohibiting animal gas chamber euthanasia; on second reading, coming up in regular order, was read a second time.    An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following language:
  "That §7-10-4 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §19-20-8 of said code be amended and reenacted; and that §30-10A-4, §30-10A-6 and §30-10A- 8 of said code be amended and reenacted, all to read as follows:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.

ARTICLE 10. HUMANE OFFICERS.
§7-10-4. Custody and care of animals abandoned, neglected or cruelly treated; hearing; bonds; liability for costs; liens; exclusions.

     (a) Subject to the provisions of subsection (h) of this section, a humane officer shall take possession of any animal, including birds or wildlife in captivity, known or believed to be abandoned, neglected, deprived of necessary sustenance, shelter, medical care or reasonable protection from fatal freezing or heat exhaustion or cruelly treated or used as defined in sections nineteen and nineteen-a, article eight, chapter sixty-one of this code.
     (b) The owner or persons in possession, if his or her identity and residence are known, of any animal seized pursuant to subsection (a) of this section shall be provided written notice of the seizure, his or her liability for the cost and care of the animal seized as provided in this section and the right to request a hearing in writing before a magistrate in the county where the animal was seized. The magistrate court shall schedule any hearing requested within ten working days of the receipt of the request. The failure of an owner or person in possession to request a hearing within five working days of the seizure is prima facie evidence of the abandonment of the animal. At the hearing, if requested, the magistrate shall determine by a preponderance of the evidence if the animal was abandoned, neglected or deprived of necessary sustenance, shelter, medical care or reasonable protection from fatal freezing or heat exhaustion or otherwise treated or used cruelly as set forth in this section.
     (c) (1) If a hearing is requested and the magistrate finds by a preponderance of the evidence that the owner did abandon, neglect or cruelly treat the animal, or if no hearing is requested and the magistrate finds by a preponderance of the evidence, based upon the affidavit of the humane officer, that the owner did abandon, neglect or cruelly treat the animal, the magistrate shall enter an order awarding custody of the animal to any humane officer for further disposition in accordance with reasonable practices for the humane treatment of animals. After hearing the evidence, if the magistrate is not convinced the animal was neglected or cruelly treated, he or she may dismiss the action and order the animal be returned to the owner. If the magistrate finds in favor of the humane officer, the owner of the animal shall post a bond with the court in an amount sufficient to provide for the reasonable costs of care, medical treatment and provisions for the animal for at least thirty days. The bond shall be filed with the court within five days following the court's finding against the owner. At the end of the time for which expenses are covered by the original bond if the animal remains in the care of the humane officer and the owner desires to prevent disposition of the animal by the humane officer, the owner shall post an additional bond with the court within five days of the expiration of the original bond. During this period the humane officer is authorized to place the animal in a safe private home or other safe private setting in lieu of retaining the animal in an animal shelter. The person whose animal is seized is liable for all costs of the care of the seized animal.
     (2) If a bond has been posted in accordance with subdivision (1) of this subsection, the custodial animal care agency may draw from the bond the actual reasonable costs incurred by the agency in providing care, medical treatment and provisions to the impounded animal from the date of the initial impoundment to the date of the final disposition of the animal.
     (d) Any person whose animal is seized and against whom the magistrate enters a finding pursuant to this section is liable during any period it remains in the possession of the humane officer for the reasonable costs of care, medical treatment and provisions for the animal not covered by the posting of the bond as provided in subdivision (1), subsection (c) of this section. The magistrate shall require the person liable for these costs to post bond to provide for the maintenance of the seized animal. This expense, if any, becomes a lien on the animal and must be discharged before the animal is released to the owner. Upon dismissal or withdrawal of the complaint, any unused portion of posted bonds shall be returned to the owner. Upon a finding in favor of the humane officer, all interest in the impounded animal shall transfer to the humane officer for disposition in accordance with reasonable practices for the humane treatment of animals. Any additional expense above the value of the animal may be recovered by the humane officer or custodial agency.
     (e) After the humane officer takes possession of the animal pursuant to a finding by a magistrate that the animal has been abandoned, neglected or cruelly treated and a licensed veterinarian determines that the animal should be humanely destroyed to end its suffering, the veterinarian may order the animal to be humanely destroyed and neither the humane officer, animal euthanasia technician nor the veterinarian is subject to any civil or criminal liability as a result of such the action.
     (f) (1) The term 'humanely destroyed' as used in this section means:
     (1) (A) Humane euthanasia of an animal by hypodermic injection by a licensed veterinarian or by an animal euthanasia technician certified in accordance with the provisions of article ten-a, chapter thirty of this code; or
     (2) (B) Any other humane euthanasia procedure approved by the American Veterinary Medical Association, the Humane Society of the United States or the American Humane Association.
     (2) The term 'humanely destroyed' does not include euthanizing an animal by means of a gas chamber: Provided, That any county which has a gas chamber in operation as of the effective date of this section may continue to operate the gas chamber subject to the following: (1) The gas chamber shall be operated by an animal euthanasia technician certified pursuant to article ten-a, chapter thirty of this code; and (2) the gas chamber shall have been manufactured and installed by a person who regularly manufactures and installs gas chambers. The Board of Veterinary Medicine shall promulgate emergency rules regarding the inspection of gas chambers, pursuant to section 15, article 3, chapter 29A of this code.
     (g) In case of an emergency in which an animal cannot be humanely destroyed in an expeditious manner, an animal may be destroyed by shooting if:
     (1) The shooting is performed by someone trained in the use of firearms with a weapon and ammunition of suitable caliber and other characteristics designed to produce instantaneous death by a single shot; and
     (2) Maximum precaution is taken to minimize the animal's suffering and to protect other persons and animals.
     (h) The provisions of this section do not apply to farm livestock, as defined in subsection (d), section two, article ten-b, chapter nineteen of this code; poultry, gaming fowl or wildlife kept in private or licensed game farms if kept and maintained according to usual and accepted standards of livestock; poultry, gaming fowl, wildlife or game farm production and management; nor to the humane use of animals or activities regulated under and in conformity with the provisions of 7 U. S. C. §2131, et seq., and the regulations promulgated thereunder.
     (i) All persons or entities in the State performing euthanasia under this article of the code shall register with the Board of Veterinary Medicine by December 31, 2009 in a manner to be perscribed by the board. The Board of Veterinary Medicine shall promulgate emergency rules relating to the registration of those performing animal euthanasia, pursuant to section 15, article 3, chapter 29A of this code.
CHAPTER 19. AGRICULTURE.

ARTICLE 20. DOGS AND CATS.
§19-20-8. Impounding and disposition of dogs; costs and fees.

     (a) All dogs seized and impounded as provided in this article, except dogs taken into custody under section two of this article, shall be kept housed and fed in the county dog pound or municipal shelter for five days after notice of seizure and impounding has been given or posted as required by this article, at the expiration of which time all dogs which have not previously been redeemed by their owners as provided in this article, shall be sold or humanely destroyed. No dog sold as provided in this section may be discharged from the pound until the dog has been registered and provided with a valid registration tag.
     (b) (1) The term 'humanely destroyed' as used in this section means:
     (1) (A) Humane euthanasia of an animal by hypodermic injection by a licensed veterinarian or by an animal euthanasia technician certified in accordance with the provisions of article ten-a, chapter thirty of this code; or
     (2) (B) Any other humane euthanasia procedure approved by the American Veterinary Medical Association, the Humane Society of the United States, or the American Humane Association.
     (2) The term 'humanely destroyed' does not include euthanizing a dog or cat by means of a gas chamber: Provided, That any county which has a gas chamber in operation as of the effective date of this section may continue to operate the gas chamber subject to the following: (1) The gas chamber shall be operated by an animal euthanasia technician certified pursuant to article ten-a, chapter thirty of this code; and (2) the gas chamber shall have been manufactured and installed by a person who regularly manufactures and installs gas chambers. The Board of Veterinary Medicine shall promulgate emergency rules regarding the inspection of gas chambers, pursuant to section 15, article 3, chapter 29A of this code.
     (c) In an emergency or in a situation in which a dog cannot be humanely destroyed in an expeditious manner, a dog may be destroyed by shooting if:
     (1) The shooting is performed by someone trained in the use of firearms with a weapon and ammunition of suitable caliber and other characteristics designed to produce instantaneous death by a single shot; and
     (2) Maximum precaution is taken to minimize the dog's suffering and to protect other persons and animals.
     (d) The owner, keeper or harborer of any dog seized and impounded under the provisions of this article may, at any time prior to the expiration of five days from the time that notice of the seizure and impounding of the dog has been given or posted as required by this article, redeem the dog by paying to the dog warden or his or her authorized agent or deputy all of the costs assessed against the dog and by providing a valid certificate of registration and registration tag for the dog.
     (e) Reasonable costs and fees, in an amount to be determined, from time to time, by the county commission, shall be assessed against every dog seized and impounded under the provisions of this article, except dogs taken into custody under section two of this article. The cost shall be a valid claim in favor of the county against the owner, keeper or harborer of any dog seized and impounded under the provisions of this article and not redeemed or sold as provided in this section and the costs shall be recovered by the sheriff in a civil action against the owner, keeper or harborer.
     (f) A record of all dogs impounded, the disposition of the dogs and a statement of costs assessed against each dog shall be kept by the dog warden and a transcript thereof shall be furnished to the sheriff quarterly.
     (g) All persons or entities in the State performing euthanasia under this article of the code shall register with the Board of Veterinary Medicine by December 31, 2009 in a manner to be perscribed by the board. The Board of Veterinary Medicine shall promulgate emergency rules relating to the registration of those performing animal euthanasia, pursuant to section 15, article 3, chapter 29A of this code.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS

ARTICLE 10A. ANIMAL EUTHANASIA TECHNICIANS.
§30-10A-4. Scope of practice.

     (a) A certified animal euthanasia technician may sedate, tranquilize and euthanize animals assigned to the care of a legally operated humane society, animal shelter or animal control facility within this state. A certified animal euthanasia technician shall practice sedation, tranquilization and euthanasia under the authority of a licensed veterinarian as defined in article ten of this chapter or a county humane officer as defined in article ten, chapter seven of this code within the limitations imposed by this article and rules promulgated by the board under this article.
     (b) For the purposes of this article, controlled substance permits issued by the state board of pharmacy and the federal drug enforcement administration shall be issued to a municipal or county run animal control facility, or a humane society or animal shelter incorporated and organized under the laws of the state, with one or more duly appointed agents. The humane society or animal shelter shall possess a tax exempt charitable or tax exempt governmental determination under the Internal Revenue Code of 1986, as amended.
     (c) A certified animal euthanasia technician may not practice or offer to practice his or her profession outside the direct authority of the humane society, animal shelter or animal control facility which employs him or her or otherwise contracts for his or her services. A certified animal euthanasia technician is not qualified and may not indicate that he or she is qualified to act in any capacity relative to animals beyond his or her specified and regulated authority to sedate, tranquilize and euthanize animals at the instruction of the humane society, animal shelter or animal control facility by which he or she is employed and under the supervision of a humane officer or licensed veterinarian.
§30-10A-6. Recordkeeping.
     A humane society, animal shelter or animal control facility which was issued a controlled substances permit by the board of pharmacy and an identification number by the federal drug enforcement administration is responsible for insuring that certified animal euthanasia technicians in its employ maintain proper records regarding the inventory, storage and administration of controlled substances and any other drugs which he or she is authroized to administer. The proper completion and retention of these records is the joint responsibility of the humane society, animal shelter or animal control facility and the certified animal euthanasia technician. The humane society, animal shelter or animal control facility and the certified animal euthanasia technicians are subject to inspection and audit by the board, the West Virginia board of pharmacy and any other appropriate state or federal agency with authority regarding the recordkeeping, inventory, storage and administration of controlled substances and other drugs authorized for use by animal euthanasia technicians used under authority of this article.
§30-10A-8. Drug selection.
     (a) In the event that sodium pentobarbital is no longer approved as the euthanasia 'drug of choice' for animals by either state or federal mandate, the board shall determine the replacement 'drug of choice' for sodium pentobarbital for use by certified animal euthanasia technicians by legislative rule. The replacement 'drug of choice' shall be administered, controlled, stored and secured by a humane society, animal shelter or animal control facility which meets the qualifications in section one of this article in accordance with legislative rules promulgated by the board.
     (b) The board may replace sodium pentobarbital as the 'drug of choice' at any time by legislative rule promulgated pursuant to article three, chapter twenty-nine-a of this code. The determined 'drug of choice' for animal euthanasia as specified by the board shall be used by animal euthanasia technicians certified under the provisions of this article.
     (c) The board shall promulgate emergency rules pursuant to section 15, article 3, chapter 29 of this code to allow the use of sedatives and tranquilizers by euthanasia technicians, as defined in section 1 of this article."
     The bill was then ordered to third reading.
     S. B. 521, Including telecommunications devices as jail contraband; on second reading, coming up in regular order, was read a second time.
     An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page one, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following language:
"ARTICLE 5. CRIMES AGAINST PUBLIC JUSTICE.
§61-5-8. Aiding escape and other offenses relating to adults and juveniles in custody or confinement; penalties.

 (a) Where any adult or juvenile is lawfully detained in custody or confinement in any jail, state correctional facility, juvenile facility or juvenile detention center, if any other person delivers anything into the place of custody or confinement of the adult or juvenile with the intent to aid or facilitate the adult's or juvenile's escape or attempted escape therefrom, or if the other person forcibly rescues or attempts to rescue an adult or a juvenile therefrom, the other person is guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility not less than one nor more than ten years.
 (b) Where any adult or juvenile is lawfully detained in custody or confinement in any jail, a state correctional facility or a juvenile facility or juvenile detention center, if any other person delivers any money or other thing of value, any written or printed matter, any article of merchandise, food or clothing, any medicine, telecommunication device, utensil or instrument of any kind to the adult or juvenile without the express authority and permission of the supervising officer and with knowledge that the adult or juvenile is lawfully detained, the other person is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50 nor more than $500 and confined in jail not less than three nor more than twelve months: Provided, That the provisions of this section do not prohibit an attorney or his or her employees from supplying any written or printed material to an adult or juvenile which pertains to that attorney's representation of the adult or juvenile.
 (c)(1) If any person transports any alcoholic liquor, nonintoxicating beer, poison, implement of escape, dangerous material, weapon, or any controlled substance as defined by chapter sixty-a of this code onto the grounds of any jail, state correctional facility, juvenile facility or juvenile detention center within this state and is unauthorized by law to do so, or is unauthorized by the persons supervising the facility, the person is guilty of a felony and, upon conviction thereof, shall be fined not less than $1,000 nor more than $5,000 or confined in a state correctional facility not less than two years nor more than ten years, or both, or, in the discretion of the court, be confined in jail not more than one year and fined not more than $500.
 (2) If any person willfully and knowingly transports or causes to be transported any telecommunications device into or upon any portion of any jail, state correctional facility, juvenile facility or juvenile detention center within this state that is not generally open and accessible to members of the public without prior approval from the Warden/Administrator or designee, and such person is unauthorized by law to do so, or is unauthorized by the persons supervising the facility, the person is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $500 or confined in jail not more than one year or both fined and confined.

 (d) If any person delivers any alcoholic liquor, nonintoxicating beer, poison, implement of escape, dangerous material, weapon or any controlled substance as defined by chapter sixty-a of this code to an adult or juvenile in custody or confinement in any jail, state correctional facility, juvenile facility or juvenile detention center within this state and is unauthorized by law to do so, or is unauthorized by the persons supervising the facility, the person is guilty of a felony and, upon conviction thereof, shall be fined not less than $1,000 nor more than $5,000 or confined in a state correctional facility not less than one year nor more than five years, or both.
 (e) Whoever purchases, accepts as a gift or secures by barter, trade or in any other manner any article or articles manufactured at or belonging to any jail, state correctional facility, juvenile facility or juvenile detention center from any adult or juvenile detained therein is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50 nor more than $500 and confined in jail not less than three nor more than twelve months: Provided, That the provisions of this subsection do not apply to articles specially manufactured in any facility under the authorization of the persons supervising the facility and which are offered for sale within or outside of the facility.
 (f) Whoever persuades, induces or entices or attempts to persuade, induce or entice any person who is in custody or confined in any jail, state correctional facility, juvenile facility or juvenile detention center to escape therefrom or to engage or aid in any insubordination to the persons supervising the facility is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50 nor more than $500 and confined in jail not less than three nor more than twelve months.
 (g) (1) An inmate of a jail, state correctional facility, juvenile facility or juvenile detention center having in his or her possession any poison, implement of escape, dangerous material, weapon, telecommunications device or any controlled substance as defined by chapter sixty-a of this code is guilty of a felony and, upon conviction thereof, shall be fined not less than $1,000 nor more than $5,000 or confined in a state correctional facility not less than one year nor more than five years, or both, or, in the discretion of the court, be confined in jail not more than one year and fined not more than $500.
 (2) An inmate of a jail, state correctional facility, juvenile facility or juvenile detention center having in his or her possession any alcoholic liquor, nonintoxicating beer, money or other thing of value, any written or printed matter, any article of merchandise, food or clothing, any medicine, telecommunication device, utensil or instrument of any kind without the express authority and permission of the supervising officer is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50 nor more than $500 and confined in jail not more than twelve months.
 (h) As used in this section:
 (1) 'Dangerous material' means any incendiary material or device, highly flammable or caustic liquid, explosive, bullet or other material readily capable of causing death or serious bodily injury.
 (2) 'Delivers' means to transfer an item to an adult or juvenile who is detained in custody or confinement in any jail, correctional facility, juvenile facility or juvenile detention center or a building appurtenant to those places. The term includes bringing the item into a jail, correctional facility, juvenile facility or juvenile detention center or a building appurtenant to those places. The term includes putting an item in a place where it may be obtained by an inmate.
 (3) 'Inmate' means an adult or juvenile who is detained in custody or confinement in any jail, correctional facility, juvenile facility or juvenile detention center, regardless of whether the individual is temporarily absent due to medical treatment, transportation, court appearance or other reason for a temporary absence.
 (4) 'Implement of escape' means a tool, implement, device, equipment or other item which an inmate is not authorized to possess capable of facilitating, aiding or concealing an escape or attempted escape by an inmate.
 (5) 'Telecommunication device' means any type of instrument, device, machine or equipment which is capable of transmitting telephonic, electronic, digital, cellular or radio communications or any part of an instrument, device, machine or equipment which is capable of facilitating the transmission of telephonic, electronic, digital, cellular or radio communications regardless of whether the part itself is able to transmit. The term includes, but is not limited to, cellular phones, digital phones and modem equipment devices.
 (6) 'Weapon' means an implement readily capable of lethal use and includes any firearm, knife, dagger, razor, other cutting or stabbing implement or club. The term includes any item which has been modified or adapted so that it can be used as a firearm, knife, dagger, razor, other cutting or stabbing implement or club. For purposes of this definition, the term 'firearm' includes an unloaded firearm or the unassembled components of a firearm."
 The bill was then ordered to third reading.
 S. B. 528, Depositing certain fees in counties' general funds; on second reading, coming up in regular order, was read a second time.
 The Clerk reported an amendment recommended by the Committee on Finance, and at the request of Delegate White, and by unanimous consent, the foregoing amendment was withdrawn.
 On motion of Delegate White, the bill was then amended on page one, following the enacting section, by striking the remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 1. FEES AND ALLOWANCES.
§59-1-10. Fees to be charged by clerk of county commission.

 For the purpose of this section, the word 'page' is defined as being a paper or electronic writing of not more than legal size, 8 ½" x 14 ".
 The clerk of the county commission shall charge and collect the following fees:
 (a) When a writing is admitted to record, for receiving proof of acknowledgment thereof, entering an order in connection therewith, endorsing clerk's certificate of recordation thereon and indexing in a proper index, where the writing is a:
 (1) Deed of conveyance (with or without a plat), trust deed, fixture filing or security agreement concerning real estate lease, $15.
 (2) Trustee's report of sale for any property for which additional information and filing requirements are required by section eight-a, article 1, chapter thirty-eight of this code, $40, provided that $20 dollars of each recording fee received pursuant to this subdivision shall be deposited into the county's general revenue fund and $20 dollars of each of the aforesaid recording fees shall be paid by the county clerk to the State Treasurer quarterly and deposited in the banking commissioner's fund to cover its expenses in aggregating, collecting and publishing the data.
_
(2) (3) Financing, continuation, termination or other statement or writing permitted to be filed under chapter forty-six of this code, ten dollars.
 (3) (4) Plat or map (with no deed of conveyance), $10 dollars.
 (4) (5) Service discharge record, no charge.
 (5) (6) Any document or writing other than those referenced in subdivisions (1), (2), (3), and (4) and (5) of this subsection, $10.
 (6) (7) If any document or writing contains more than five pages, for each additional page, one dollar.
 For any of the documents admitted to record pursuant to this subsection, if the clerk of the county commission has the technology available to receive these documents in electronic form or other media, the clerk shall set a reasonable fee to record these writings not to exceed the cost for filing paper documents.
 (7) Eleven dollars of each recording fee received pursuant to subdivision (1) of this subsection shall be retained by the county clerk for the operation of that office and $4 of each of the aforesaid recording fees together with $5 of the recording fee collected pursuant to subdivision (5) of this section shall be paid by the county clerk into the State Treasury and deposited in equal amounts for deposit into the Farmland Protection Fund created in article twelve, chapter eight-a of this code for the benefit of the West Virginia Agricultural Land Protection Authority and into the Outdoor Heritage Conservation Fund created in article two-g, chapter five-b of this code: Provided, That the funds deposited pursuant to this subdivision may only be used for costs, excluding personnel costs, associated with purpose of land conservation, as defined in subsection (f), section seven, article two-g, chapter five-b of this code.
 
(8) Of the fees collected pursuant to subdivision (1), subsection (a) of this section, ten dollars shall be deposited in the county general fund in accordance with section twenty-eight of this article and one dollar shall be deposited in the county general fund and dedicated to the operation of the county clerk's office. Four dollars of the fees collected pursuant to subdivision (1), subsection (a) of this section, and five dollars of the fees collected pursuant to subdivision (6), subsection (a) of this section, shall be paid by the county clerk into the State Treasury and deposited in equal amounts for deposit into the Farmland Protection Fund created in article twelve, chapter eight-a of this code for the benefit of the West Virginia Agricultural Land Protection Authority and into the Outdoor Heritage Conservation Fund created in article two-g, chapter five-b of this code: Provided, That the funds deposited in the State Treasury pursuant to this subdivision may only be used for costs, excluding personnel costs, associated with purpose of land conservation, as defined in subsection (f), section seven, article two-g, chapter five-b of this code.
 (b) For administering any oath other than oaths by officers and employees of the state, political subdivisions of the state or a public or quasi-public entity of the state or a political subdivision of the state, taken in his or her official capacity, $5.
 (c) For issuance of marriage license and other duties pertaining to the marriage license (including preparation of the application, administrating the oath, registering and recording the license, mailing acknowledgment of minister's return to one of the licensees and notification to a licensee after sixty days of the nonreceipt of the minister's return), $35.
 (1) One dollar of the marriage license fee received pursuant to this subsection shall be paid by the county clerk into the State Treasury as a state registration fee in the same manner that license taxes are paid into the Treasury under article twelve, chapter eleven of this code;
 (2) Fifteen dollars of the marriage license fee received pursuant to this subsection shall be paid by the county clerk into the State Treasury for the Family Protection Shelter Support Act in the same manner that license taxes are paid into the Treasury under article twelve, chapter eleven of this code;
 (3) Ten dollars of the marriage license fee received pursuant to this subsection shall be deposited in the Courthouse Facilities Improvement Fund created by section six, article twenty-six, chapter twenty-nine of this code.
 (d) (1) For a copy of any writing or document, if it is not otherwise provided for, $1.50.
 (2) If the copy of the writing or document contains more than two pages, for each additional page, $1.
 (3) For annexing the seal of the commission or clerk to any paper, $1.
 (4) For a certified copy of a birth certificate, death certificate or marriage license, $5.
 (e) For copies of any record in electronic form or a medium other than paper, a reasonable fee set by the clerk of the county commission not to exceed the costs associated with document search and duplication."
 The bill was then ordered to third reading.
 S. B. 594, Requiring monthly fund installments to Courtesy Patrol; 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 twelve, line ten, following the word "deposited" by striking "in equal monthly installments".
 And,
 On page two, section twelve, line twelve, following the word "Fund", by inserting the words "according to the following schedule: On July 31 of each year, $850,000, and on the last day of each month thereafter, $350,000".
 The bill was then ordered to third reading.
 Com. Sub. for S. B. 600, Relating to coal reclamation tax; on second reading, coming up in regular order, was read a second time and ordered to third reading.
 S. B. 610, Relating to Film Industry Investment Act; on second reading, coming up in regular order, was read a second time and ordered to third reading.
 S. B. 636, Finding and declaring certain claims against state; on second reading, coming up in regular order, was read a second time and ordered to third reading.
 Com. Sub. for S. B. 687, Relating to Comprehensive Behavioral Health Commission; on second reading, coming up in regular order, was read a second time.
 An amendment, recommended by the Committee on Government Organization, was reported by the Clerk and adopted, amending the bill on page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
 "That §27-17-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §16-42-3, §16-42-5, §16-42-6 and §16-42-7 of said code be amended and reenacted, all to read as follows:
 
CHAPTER 27. MENTALLY ILL PERSONS.

ARTICLE 17. GROUP RESIDENTIAL FACILITIES.
§27-17-1. Definitions.

 (a) 'Developmental disability' means a chronic disability of a person which: (1) Is attributable to a mental or physical impairment or combination of mental and physical impairments; (2) is likely to continue indefinitely; (3) results in substantial functional limitations in self-direction, capacity for independent living or economic self-sufficiency; and (4) reflects the person's need for a combination and sequence of special, interdisciplinary or generic care, treatment or other services which are of lifelong or extended duration and are individually planned and coordinated.
 (b) 'Behavioral disability' means a disability of a person which: (1) Is attributable to severe or persistent mental illness, emotional disorder or chemical dependency; and (2) results in substantial functional limitations in self-direction, capacity for independent living or economic self-sufficiency.
 (c) 'Group residential facility' means a facility which is owned, or leased or operated by a behavioral health service provider and which: (1) Provides residential services and supervision for individuals who are developmentally disabled or behaviorally disabled; (2) is occupied as a residence by not more than eight individuals who are developmentally disabled and not more than three supervisors, or is occupied as a residence by not more than twelve individuals who are behaviorally disabled and not more than three supervisors; (3) is licensed by the department of health or the division of human services and human resources; and (4) complies with the state fire commission for residential facilities.
 (d) 'Group residential home' means a building owned or leased by developmentally disabled or behaviorally disabled persons for purposes of establishing a personal residence. A behavioral health service provider may not lease a building to such persons if the provider is providing services to the persons without a license as provided for in this article.
CHAPTER 16. PUBLIC HEALTH.

ARTICLE 42. COMPREHENSIVE BEHAVIORAL HEALTH COMMISSION.
§16-42-3. Comprehensive Behavioral Health Commission.
 (a) There is created Effective May 1, 2009, the Comprehensive Behavioral Health Commission is reestablished within the Department of Health and Human Resources the Comprehensive Behavioral Health Commission to continue the study of the current behavioral health system, including substance abuse and domestic violence when those conditions have an effect upon or are impacted by the system.
 (b) The commission consists of:
 (1) A representative of the circuit and family court system, as appointed by the Chief Justice of the West Virginia Supreme Court of Appeals;
 (2) A representative of the Commissioner of the Division of Corrections;
 (3) The Commissioner of the Bureau of Senior Services or a designee;
 (4) The Secretary of the Department of Health and Human Resources or a designee;
 (5) The Commissioner of the Bureau for Behavioral Health and Health Facilities or a designee;
 (6) The Commissioner of the Bureau for Children and Families or a designee;
 (7) The Executive Director of the West Virginia Chapter of the National Alliance on Mental Illness or a designee;
 (8) The Chancellor for Higher Education or a designee; and
 
(9) One physician with a speciality in psychiatry appointed by the Governor from a list provided by the West Virginia Medical Association; Each ex officio member may appoint a designee.
 (10) One member of the House of Delegates, who is a nonvoting member, appointed by the Speaker; and
 (11) One member of the Senate, who is a nonvoting member, appointed by the President. serve as non-voting members The Governor shall appoint a chairperson.
 (c) The commission shall meet at times and places as it finds necessary and shall be staffed by the Bureau for Behavioral Health and Health Facilities and the Health Care Authority.
 (d) An Effective May 1, 2009, the advisory board shall be created is reestablished to serve in a consulting role to the commission members. The advisory board with the following members shall be appointed by the Governor as follows:
 (1) One member from a list provided by the West Virginia Chapter of the National Association of Social Workers;
 (2) One member from a list provided by the West Virginia Hospital Association;
 (3) One member who is a psychologist from a list provided by the West Virginia Psychological Association;
 (4) One citizen member from a list of two nominees from each medical school;
 (5) One member from a list of five nominees provided by the Primary Care Association;
 (6) One member from a list provided by the West Virginia Behavioral Healthcare Providers Association;
 (7) One member from a list provided by the West Virginia Child Care Association; and
 (8) One member from a list provided by the Council of Churches.
_(e) Those persons serving on the commission and the advisory board on January 1, 2009, may continue serving on the reestablished commission and advisory board and the person so designated as chairperson of the commission shall remain as chairperson.
_
(e) (f) Each member of the commission and advisory board is entitled to receive compensation and expense reimbursement for attending official meetings or engaging in official duties not to exceed the amount paid to members of the Legislature for their interim duties as recommended by the Citizens Legislative Compensation Commission and authorized by law. A commission member may not receive compensation for travel days that are not on the same day as the official meeting or official duties.
§16-42-5. Report.
 
The commission shall submit a preliminary report of its progress in on its study, including recommendations, to the Governor and the Legislature by the first day of January, two thousand seven and a final report including its recommendations by the first day of January, two thousand eight. The Department of Health and Human Resources shall submit a report to the Governor and the Legislature by the first day of July, two thousand eight regarding implementation of the recommendations of the commission. The department shall report no less than quarterly to the Legislative Oversight Commission on Health and Human Resources Accountability January 1, 2011.
§16-42-6. Certificate of need standards.
 Pursuant to the provisions of article two-d of this chapter, the West Virginia Health Care Authority shall provide the commission with information needed to complete the study required in this article. The staff of the authority shall work jointly with the staff of the Bureau for Behavioral Health and Health Facilities in providing services to the commission. The commission shall make recommendations in its final report relating to the certificate of need standards.
§16-42-7. Termination of commission.
 The commission ceases to exist on the thirty-first day of January, two thousand nine, or after the submission of the commission's final report, whichever occurs first and advisory board terminate on June 30, 2011."
 The bill was then ordered to third reading.
 Com. Sub. for S. B. 695, Relating to payment for certain state employees' unused sick leave; on second reading, coming up in regular order, was read a second time.
 The Clerk reported an amendment offered by Delegate Michael, whereupon Delegate Michael asked and obtained unanimous consent that his amendment be withdrawn.
 The bill was then ordered to third reading.
 S. B. 761, Relating to illegal entries upon certain property; on second reading, coming up in regular order, was read a second time.
 An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
 "That §61-3-12 and §61-3-29 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 3.
CRIMES AGAINST PROPERTY.

61-3-12. Entry of building other than dwelling; entry of railroad, traction or motorcar, steamboat or other vessel; penalties; counts in indictment.

 If any person shall, at any time, break and enter, or shall enter without breaking, any office, shop, underground coal mine, storehouse, warehouse, banking house or any house or building, other than a dwelling house or outhouse adjoining thereto or occupied therewith, or any railroad or traction car, propelled by steam, electricity or otherwise, or any steamboat or other boat or vessel, or any commercial, industrial or public utility property enclosed by a fence, wall or other structure erected with the intent of the property owner of protecting or securing the area within and its contents from unauthorized persons, within the jurisdiction of any county in this state, with intent to commit a felony or any larceny, he or she shall be deemed guilty of a felony and, upon conviction, shall be confined in a state correctional facility not less than one nor more than ten years. And if any person shall, at any time, break and enter, or shall enter without breaking, any automobile, motorcar or bus, with like intent, within the jurisdiction of any county in this state, he or she shall be guilty of a misdemeanor and, upon conviction, shall be confined in jail not less than two nor more than twelve months and be fined not exceeding $100.
 An indictment for burglary may contain one or more counts for breaking and entering, or for entering without breaking, the house or building mentioned in the count for burglary under the provisions of this and the preceding section and section eleven of this article.
§61-3-29. Damage or destruction of railroad or public utility company property, or real or personal property used for producing, generating, transmitting, distributing, treating or collecting electricity, natural gas, coal, water, wastewater, stormwater, telecommunications or cable service; penalties; restitution.

  (a) Any person who knowingly and willfully damages or destroys any real or personal property owned by a railroad company, or public utility company, or any real or personal property used for producing, generating, transmitting, distributing, treating or collecting electricity, natural gas, coal, water, wastewater, stormwater, telecommunications or cable service, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than two thousand dollars, or confined in jail not more than one year, or both fined and confined.
  (b) Any person who knowingly and willfully: (1) damages or destroys any real or personal property owned by a railroad company, or public utility company, or any real or personal property used for producing, generating, transmitting, distributing, treating or collecting electricity, natural gas, coal, water, wastewater, stormwater, telecommunications or cable service; and, (2) creates a substantial risk of serious bodily injury to another or results in the interruption of service to the public is guilty of a felony and, upon conviction thereof, shall be fined not more than $5000, or confined in a state correctional facility not less than one nor more than three years, or both fined and imprisoned.
__
(c) Any person who knowingly and willfully: (1) damages or destroys any real or personal property owned by a railroad company, or public utility company, or any real or personal property used for producing, generating, transmitting, distributing, treating or collecting electricity, natural gas, coal, water, wastewater, stormwater, telecommunications or cable service; and, (2) causes serious bodily injury to another is guilty of a felony and, upon conviction thereof, shall be fined not less than five thousand dollars nor more than fifty thousand dollars, or confined in a state correctional facility not less than one nor more than five years, or both fined and imprisoned.
  (c)(d) Nothing in this section may be construed to limit or restrict the ability of an entity referred to in subsection (a), or (b) or (c) of this section or a property owner or other person who has been damaged or injured as a result of a violation of this section from seeking recovery for damages arising from violation of this section."
  The bill was then ordered to third reading.
First Reading

  The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
  Com. Sub. for S. B. 227, Authorizing Department of Revenue promulgate legislative rules,
  Com. Sub. for S. B. 256, Providing additional requirements for certain property annexation,
  Com. Sub. for S. B. 278, Creating felony offense of willful failure to provide certain drug benefits,
  Com. Sub. for S. B. 282, Relating to retail liquor licenses' classification,
  S. B. 322, Exempting certain life insurance policies from Medicaid assignment,
  Com. Sub. for S. B. 326, Mandating certain dental anesthesia insurance coverage,
  S. B. 347, Correcting code reference related to extended supervision for certain sex offenders,
  S. B. 425, Disclosing certain refinanced loan's higher annual percentage rate,
  S. B. 468, Requiring redemption property purchaser pay in certified funds,
  Com. Sub. for S. B. 470, Regulating all-terrain vehicles on Hatfield-McCoy Trail,
  S. B. 481, Requiring employers provide certain documentation to Public Employees Insurance Agency,
  S. B. 494, Authorizing Insurance Commissioner order restitution in certain cases,
  S. B. 495, Authorizing Insurance Commissioner permit certain groups life insurance policies,
  S. B. 507, Relating to Clean Coal Technology Council's powers and duties,
  Com. Sub. for S. B. 552, Relating to affordable health insurance plan proposals,
  Com. Sub. for S. B. 575, Relating to gaming operations at historic resort hotel,
  Com. Sub. for S. B. 613, Clarifying coalbed methane notice requirements,
  Com. Sub. for S. B. 641, Disclosing solid waste origins at commercial landfills,
  And,
  S. B. 767, Relating to certain Medicaid program contracts.
  At the request of Delegate Boggs, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.
Committee Reports

  Chairman 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. 534, Authorizing Chief Technology Officer obtain certain confidential information,
  And reports the same back with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on the Judiciary be dispensed with.
  In the absence of objection, reference of the bill (Com. Sub. for S. B. 534) to the Committee on the Judiciary was abrogated.
  Chairman White, from the Committee on Finance, submitted the following report, which was received:
  Your Committee on Finance has had under consideration:
  Com. Sub. S. B. 297, Creating Alternative and Renewable Energy Portfolio Act,
  And,
  Com. Sub. for S. B. 414, Relating to Pharmaceutical Cost Management Council and health care delivery systems,
  And reports the same back, with amendment, with the recommendation that they each do pass, as amended.
  Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
  Your Committee on the Judiciary has had under consideration:
  Com. Sub. for S. B. 293, Creating felony offense of unauthorized practice of certain health care professions,
  S. B. 302, Expanding municipal parking authority officers' ticketing powers,
  Com. Sub. for S. B. 339, Exempting certain licensed medical professionals from county hiring prohibition,
  S. B. 344, Authorizing mental hygiene commissioners sign readmission orders,
  Com. Sub. for S. B. 439, Permitting State Police Superintendent consult with Insurance Commissioner,
  Com. Sub. for S. B. 631, Relating to certain insurance policy cancellation,
  Com. Sub. for S. B. 694, Creating intrastate mutual aid system,
  Com. Sub. for S. B. 714, Relating to alternative sentencing programs,
  And,
  Com. Sub. for 715, Establishing Chesapeake Bay Restoration Initiative,
  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. 306, Increasing pipeline companies' special license fees to Public Service Commission,
  And,
  S. B. 373, Relating to PROMISE Scholarship,
  And reports the same back, with amendment, with the recommendation that they each do pass, as amended.
  Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
  Your Committee on the Judiciary has had under consideration:
  Com. Sub. for S. B. 461, Extending selenium effluent limits compliance time,
  Com. Sub. for S. B. 561, Requiring county land surveyors be licensed,
  And,
  S. B. 756, Increasing military facilities security guards' patrol areas,
  And reports the same back, with amendment, with the recommendation that they each do pass, as amended.
  Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
  Your Committee on the Judiciary has had under consideration:
  Com. Sub. for S. B. 318, Expanding Division of Protective Services' law-enforcement authority over state property under certain circumstances,
  And reports the same back with the recommendation that it do pass.
  Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
  Your Committee on the Judiciary has had under consideration:
  Com. Sub. for S. B. 472, Revising certain outdoor advertising restrictions,
  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. 706, Creating State Police leave donation program,
  And reports the same back with the recommendation that it do pass.
  Chairman White, from the Committee on Finance, submitted the following report, which was received:
  Your Committee on Finance has had under consideration:
  Com. Sub. for S. B. 246, Relating to unemployment compensation generally,
  Com. Sub. for S. B. 280, Creating Correctional Industries Act of 2009,
  S. B. 452, Relating to Public Employees Insurance Agency underwriting nonstate employer groups,
  Com. Sub. for S. B. 484, Relating to ad valorem property taxes,
  And,
  Com. Sub. for S. B. 498, Relating to early childhood education,
  And reports the same back, with amendment, with the recommendation that they each do pass, as amended.
  At 6:04 p.m., the House of Delegates adjourned until 9:00 a.m., Thursday, April 9, 2009.

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