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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)
hdj2009-04-09-58



__________*__________




Thursday, April 9, 2009

FIFTY-EIGHTH DAY

[Mr. Speaker, Mr. Thompson, in the Chair]



The House of Delegates met at 9:00 a.m., and was called to order by the Honorable Richard Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Wednesday, April 8, 2009, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had agreed to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses as to
S. B. 445, Removing conservation supervisors' election certification requirements.
The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:
Senators Williams Snyder and K. Facemyer.
The Speaker announced that Delegate Shook had experienced family illness and resultant

absence, and that he had been removed as Chair of the Conference Committee as to S. B. 445, and that he had appointed Delegate Hunt in his stead.
At the request of Delegate Boggs, and by unanimous consent, the House of Delegates proceeded to the Ninth Order of Business for the purpose of consideration of resolutions on Unfinished Business.
Special Calendar

Unfinished Business

The following resolutions, coming up in regular order, as unfinished business, were reported by the Clerk and adopted:
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",
S. C. R. 48, Requesting Division of Highways name bridge in Mercer County "Corporal Ray B. Cheatwood, Jr., Memorial Bridge",
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.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein on those requiring Senate action.
Third Reading

Com. Sub. for S. B. 172, Authorizing Department of Administration promulgate legislative rules; on second reading, coming up in regular order, was, at the request of Delegate Boggs, and by unanimous consent, placed at the foot of bills on 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, at the request of Delegate Boggs, and by unanimous consent, placed at the foot of bills on third reading.
Com. Sub. for S. B. 239
, Allowing majority vote for certain metro government approval; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 296), and there were--yeas 53, nays 39, absent and not voting 8, with the nays and absent and not voting being as follows:
Nays: Anderson, Andes, Argento, Armstead, Ashley, Azinger, Barker, Beach, Blair, Border, Canterbury, Carmichael, Cowles, Duke, Ellem, Ennis, Evans, Hamilton, Hartman, Ireland, Lane, Longstreth, Louisos, Mahan, C. Miller, J. Miller, Overington, D. Poling, Porter, Ross, Rowan, Schadler, Schoen, Shaver, Shott, Sobonya, Sumner, Susman and Walters.
Absent And Not Voting: Brown, Cann, Doyle, Manchin, Moore, Reynolds, 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. 239) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for S. B. 243, Relating to issuing general obligation bonds; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 297), and there were--yeas 82, nays 11, absent and not voting 7, with the nays and absent and not voting being as follows:
Nays: Blair, Cowles, Duke, Ellem, Lane, Louisos, C. Miller, Moye, Overington, Sobonya and Sumner.
Absent And Not Voting: Brown, Doyle, Moore, Reynolds, Schoen, 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. 243) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for S. B. 244, Relating to public employees' reemployment after retirement; 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. 298), 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: Brown, Moore, Reynolds, 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. 244) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 262, Removing prohibition against using county's General Revenue Fund for historic preservation; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 299), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Moore, Reynolds, Shook and Stephens.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 262) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 335, Authorizing Division of Culture and History distribute fairs and festivals' funding; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 300), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Moore, Reynolds, Shook and Stephens.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 335) passed.
Delegate Boggs moved that the bill take effect July 1, 2009.
On this question, the yeas and nays were taken (Roll No. 301), 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: Moore, Reynolds, 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. 335) 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.
S. B. 338, Creating additional seventeenth judicial circuit court judge; 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. 302), and there were--yeas 92, nays 4, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Andes, Carmichael, Hamilton and Louisos.
Absent And Not Voting: Moore, Reynolds, Shook and Stephens.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 338) passed.
Delegate Boggs moved that the bill take effect July 1, 2009.
On this question, the yeas and nays were taken (Roll No. 303), and there were--yeas 94, nays 2, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Carmichael and Louisos.
Absent And Not Voting: Moore, Reynolds, 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. 338) takes effect July 1, 2009.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 382, Adjusting State Rail Authority's contract authority; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 304), 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: 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. 382) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for S. B. 382- "A Bill amend and reenact §29-18-6 of the Code of West Virginia, 1931, as amended, relating to the amount of expenditure for rolling stock; and granting additional authority regarding the Maryland Area Regional Commuter."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for S. B. 404, Creating sesquicentennial commission and fund; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 305), 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: 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. 404) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for S. B. 404 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §4-13-1, §4-13-2, §4-13-3, §4-13-4, §4-13-5, §4-13-6, and §4-13-7, all relating to establishing a West Virginia Sesquicentennial of the American Civil War Commission; establishing findings and purpose; setting forth membership and terms; providing for compensation and expense reimbursement; defining quorums; requiring meeting to be held in accordance with the Open Governmental Proceedings Act; authorizing the commission to establish an advisory council; setting forth powers and duties of the commission; limiting duration of contracts; and providing for the termination of the commission."
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 306), 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: 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. 404) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for S. B. 408, Relating to model health plan for uninsurable individuals; 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. 307), 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: 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. 408) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 418, Relating to municipalities' fee requirements; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 308), and there were--yeas 91, nays 6, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Anderson, Blair, Border, Carmichael, Ireland and Porter.
Absent And Not Voting: 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. 418) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for S. B. 418 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-13-13a, relating to additional provisions required to be included in the ordinance enacted by a municipality to impose or increase any rate, fee or charge for the installation, continuance, maintenance or improvement of any essential or special municipal service."
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 309), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Porter.
Absent And Not Voting: 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. 418) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 434, Relating to long-term care policy insurance agents; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 310), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: 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. 434) passed.
Delegate Boggs moved that the bill take effect July 1, 2009.
On this question, the yeas and nays were taken (Roll No. 311), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Hutchins, 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. 434) 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.
S. B. 464, Authorizing Public Employees Insurance Agency charge fee for paper transactions; 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. 312), and there were--yeas 93, nays 4, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Ireland, Porter, Rowan and Shaver.
Absent And Not Voting: 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. 464) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:
S. B. 464 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-24a, relating to authorizing the Public Employees Insurance Agency to establish a fee for paper transactions that could be performed electronically."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for S. B. 501, Prohibiting animal gas chamber euthanasia; 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. 313), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: J. Miller.
Absent And Not Voting: 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. 501) 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. 521, Including telecommunications devices as jail contraband; 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. 314), 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: 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. 521) 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. 528, Depositing certain fees in counties' general funds; 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. 315), and there were--yeas 84, nays 13, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Armstead, Ashley, Blair, Cowles, Eldridge, Ellem, Hamilton, Ireland, Lane, Longstreth, Louisos, Manchin and Reynolds.
Absent And Not Voting: 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. 528) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:
S. B. 528 - "A Bill to amend and reenact §59-1-10 of the Code of West Virginia, 1931, as amended, relating to the distribution of certain fees paid to the clerk of the county commission for recording of certain documents."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 594, Requiring monthly fund installments to Courtesy Patrol; 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. 316), 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: 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. 594) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:
S. B. 594 - "A Bill to amend and reenact §5B-2-12 of the Code of West Virginia, 1931, as amended, relating to the transfer of moneys for the courtesy patrol program out of the Tourism Promotion Fund."
Delegate Boggs moved that the bill take effect July 1, 2009.
On this question, the yeas and nays were taken (Roll No. 317), 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: 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. 594) 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.
Com. Sub. for S. B. 600, Relating to coal reclamation tax; 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. 318), and there were--yeas 88, nays 10, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Armstead, Blair, Border, Carmichael, Lane, Louisos, McGeehan, Overington, Schoen and Walters.
Absent And Not Voting: Moore and Shook.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 600) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for S. B. 600 - "A Bill to amend and reenact §22-3-11 of the Code of West Virginia, 1931, as amended, relating to continuing and reimposing a special reclamation tax on clean coal mined; and providing for legislative review of the tax every two years."
Delegate Boggs moved that the bill take effect July 1, 2009.
On this question, the yeas and nays were taken (Roll No. 319), and there were--yeas 96, nays 2, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Louisos and McGeehan.
Absent And Not Voting: Moore and Shook.
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. 600) 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.
S. B. 610, Relating to Film Industry Investment Act; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 320), 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: Moore and Shook.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 610) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:
S. B. 610 - "A Bill to amend and reenact §11-13X-3, §11-13X-5, §11-13X-6, §11-13X-8, §11-13X-9 and §11-13X-13 of the Code of West Virginia, 1931, as amended, all relating generally to the West Virginia Film Industry Investment Act; providing and eliminating definitions; increasing the amount of credit allowed in certain years; providing requirements to claim credit; providing for use of credit and transfer process; eliminating liability of transferees for credit that is disqualified; authorizing issuance of rules by the Secretary of Commerce for administration of the film credit; and making amendments retroactively applicable to taxable years beginning after December 31, 2007."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 636, Finding and declaring certain claims against state; 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. 321), 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: Moore and Shook.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 636) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 322), 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: Moore and Shook.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 636) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 687, Relating to Comprehensive Behavioral Health Commission; 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. 323), 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: Moore and Shook.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 687) passed.
An amendment to the title of the bill, recommended by the Committee on Government Organization, was reported by the Clerk and adopted, amending the title to read as follows: Com. Sub. for S. B. 687 - "A Bill to amend and reenact §27-17-1 of the Code of West Virginia, 1931, as amended; and to amend and reenact §16-42-3, §16-42-5, §16-42-6 and §16-42-7 of said code, all relating to health; defining terms; reestablishing the Comprehensive Behavioral Health Commission and Advisory Board; reporting requirements; and terminating the Comprehensive Behavioral Health Commission and Advisory Board."
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 324), 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: Moore and Shook.
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. 687) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for S. B. 695, Relating to payment for certain state employees' unused sick leave; 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. 325), and there were--yeas 96, nays 2, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Ireland and Wooton.
Absent And Not Voting: Moore and Shook.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 695) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 326), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Moore and Shook.
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. 695) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 761, Relating to illegal entries upon certain property; on third reading, coming up in regular order, was, at the request of Delegate Boggs, and by unanimous consent, placed at the foot of bills on third reading.
Com. Sub. for S. B. 172, Authorizing Department of Administration promulgate legislative rules; on third reading, having been postponed in earlier proceedings, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 327), and there were--yeas 91, nays 6, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Andes, Ashley, Lane, Romine, Schoen and Walters.
Absent And Not Voting: Ireland, Moore and Shook.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 172) passed.
An amendment to the title of the bill, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. S. B. 172 - "A Bill to reenact §64-1-1 of the Code of West Virginia, 1931, as amended; and to amend and reenact article 2, chapter 64 of said code, all relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; continuing rules previously promulgated by state agencies and boards; legislative mandate or authorization for the promulgation of certain legislative rules; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rule with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; repealing certain legislative rule; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to general provisions; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to benefit determination and appeal; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Teachers Retirement System; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Public Employees Retirement System; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to refund, reinstatement, retroactive service and loan interest factors; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to service credit for accrued and unused sick and annual leave; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the West Virginia State Police; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Deputy Sheriff Retirement System; authorizing the Division of Personnel to promulgate a legislative rule relating to reimbursement of compensation paid to state employees for training, education and professional development; authorizing the Department of Administration to promulgate a legislative rule relating to the Purchasing Division; authorizing the Department of Administration to promulgate a legislative rule relating to fair market price determination; authorizing the Department of Administration to promulgate a legislative rule relating to statewide contracts; authorizing the Department of Administration to promulgate a legislative rule relating to qualifications for participation; authorizing the Department of Administration to promulgate a legislative rule relating to parking; authorizing the Ethics Commission to promulgate a legislative rule relating to the purchase, sale or lease of personal property; authorizing the Ethics Commission to promulgate a legislative rule relating to interest in public contracts; authorizing the Ethics Commission to repeal a legislative rule relating to voting; authorizing the Ethics Commission to promulgate a legislative rule relating to employment exemptions; authorizing the Ethics Commission to promulgate a legislative rule relating to lobbying; and authorizing the Ethics Commission to promulgate a legislative rule relating to the filing of verified time records."
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 328), 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: Moore and Shook.
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. 172) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for S. B. 195, Authorizing Department of Health and Human Resources promulgate legislative rules; on third reading, having been postponed in earlier proceedings, was read a third time.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 330), 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: Moore and Shook.
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. 195) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Miscellaneous Business

Delegate Brown announced that she was absent when the votes were taken on Roll Nos. 296, 297 and 298, and that had she been present, she would have voted "Yea" thereon.
Delegate Doyle announced that he was absent when the votes were taken on Roll Nos. 296 and 297 and that had he been present, he would have voted "Yea" thereon.
Delegate Border asked and obtained unanimous consent that the remarks of Delegate Duke on yesterday clarifying his remarks regarding Com. Sub. for S. B. 532, Creating WV SAFE Mortgage Licensing Act, be printed in the Appendix to the Journal.
At 9:47 a.m., on motion of Delegate Boggs, the House of Delegates recessed until 5:00 p.m., and reconvened at that time.
* * * * * * *

Evening Session

* * * * * * *

At the request of Delegate Boggs, and by unanimous consent, the House of Delegates proceeded to the Seventh Order of Business for the purpose of introducing a resolution.
Resolutions Introduced

Mr. Speaker, Mr. Thompson, on Behalf of all Members of the House, offered the following resolution, which was read by the Clerk as follows:
H. R. 50 - "Commemorating the life of the Honorable Eustace Frederick, civic leader, business leader and innovator, member of the West Virginia House of Delegates and distinguished West Virginian."
Whereas, Eustace Frederick was born on August 29, 1930, in Switchback, West Virginia, and was the son of the late Eustace and Annie Frederick, both of whom immigrated from Russia to pursue the American Dream.
He came from the most humble of circumstances in the coalfields - and he was born in what he described as "a four-room shack" in Delta Hollow - and through his personal determination and hard work, elevated himself into one of the most respected business and political leaders in southern West Virginia.
Eustace Frederick graduated from Elkhorn High School in 1948 and attended Virginia Tech on a football scholarship, where he graduated with a degree in mining engineering in 1952.
He served his country as a communications officer in the U.S. Air Force during the Korean War, and later received a postgraduate diploma in business from Columbia University in New York.
A long-time employee of Consolidation Coal and retired in 1992 as Senior Vice President of Consol's Southern Appalachian Region, throughout his working years with Consol, Eustace Frederick was an innovator and a champion of safety advances in coal mining, and a pioneer of coal bed methane capture. This passion for the safety and livelihood of West Virginia's coal miners continued throughout his political career.
Among the numerous accolades which Eustace Frederick received in his life, he took special pride in playing on the only State Championship team at Elkhorn High School, and he was also named a "Centennial Sports Great" from McDowell County by the West Virginia Centennial Commission, twice awarded the Ralph E. Bailey Safety Trophy by Consolidation Coal Co., joined the Virginia Tech College of Engineering's Committee of 100 and earned their Engineering Award of Excellence, was inducted into the West Virginia Coal Association Hall of Fame, and received the Robert Francis Hamilton Award from the Bluefield Chamber of Commerce for superior community service.
Eustace Frederick was a lifelong member and devout supporter of Saint Mary's Orthodox Church in Bluefield, West Virginia and was an Archon in the Order of Saint Andrew.
He was married to Frances Q. Menodora Frederick, and had a brother, Misha Frederick, who both proceeded him in death, and he is survived by a son, Eustace Frederick III of Bluefield; a daughter, Carrie Frederick Frost and her husband Matthew of Charlottesville, Virginia; five grandchildren of whom he was particularly proud, Cyrus Jett Frederick Frost, Ann Louise Frederick Frost, Ignatius John Frederick Frost, Beatrix Marie Frederick Frost and Eliza Evelyn Frederick Frost; a brother, Daniel Frederick and his wife Frances of Blacksburg, Virginia; and dear friend and companion, Shirley Ofsa of Bluefield, Virginia.
Eustace Frederick was appointed by Gov. Gaston Caperton on October 17, 1993, to the West Virginia House of Delegates to complete the unexpired term of Delegate Bill Carper, and he served the 24th District of the House of Delegates with distinction and honor until his death, serving as Vice Chair on the Commission for Interstate Cooperation in the 78th Legislature and Vice Chair on the Committee for Economic Development and Small Business in the 75th, 76th, and 77th Legislatures. The earthly life of Eustace Frederick ended at the age of 78 on November 6, 2008, at his residence in Bluefield, West Virginia, leaving behind a legacy of loving dedication and commitment to his family, community and state; therefore, be it
Resolved by the House of Delegates:
That the members of the House of Delegates hereby express their profound sadness at the passing of one of their own, the Honorable Eustace Frederick, civic leader, business leader and innovator, member of the West Virginia House of Delegates and distinguished West Virginian; and, be it
Further Resolved, That the House of Delegates hereby commemorates the life of Eustace Frederick, an honest, good and decent man whose unique abilities touched the lives of many West Virginians; and, be it
Further Resolved, That the Clerk of the House of Delegates, prepare certified copies of this resolution for the family of Eustace Frederick, including his son, Eustace Frederick III and his daughter, Carrie Frederick Frost.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 50) to a committee was dispensed with, and it was taken up for immediate consideration.
The question now being on the adoption of the resolution, the yeas and nays were demanded, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 331), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Shook.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 50) adopted.
Delegates Eldridge, Ellem, Louisos and Rodighiero, asked and obtained unanimous consent to be removed as sponsors on H. C. R. 52, Supporting the development of a permanent utility-scale wind farm on Coal River Mountain in Raleigh County.
Special Calendar

Third Reading

-Continued-

S. B. 761, Relating to illegal entries upon certain property; 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. 332), 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 Shook.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 761) passed.
An amendment to the title of the bill, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the title to read as follows:
S. B. 761 - "A Bill to amend and reenact §61-3-12 and §61-3-29 of the Code of West Virginia, 1931, as amended, relating to crimes committed on or against commercial, railroad or public utility property; extending criminal penalties for prohibited entry upon commercial property enclosed by a fence or similar physical barrier or upon certain structures used for utility transmission or distribution; clarifying the offense of breaking and entering or entering without breaking onto public utility property that is enclosed or fenced, with the intent to commit a felony or larceny; establishing the felony offense of knowingly and willfully damaging and destroying utility or railroad property, resulting in the creation of a substantial risk of serious bodily injury to another; and criminal penalties."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading

Com. Sub. for S. B. 227, Authorizing Department of Revenue promulgate legislative rules; on second reading, coming up in regular order, was read a second time.
At the request of Delegate Boggs, and by unanimous consent, the bill (Com. Sub. for S. B. 227) was advanced to third reading with an amendment pending.
Com. Sub. for S. B. 256, Providing additional requirements for certain property annexation; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page two, section four-a, line one, by striking out subsection (a) in its entirety and inserting in lieu thereof the following:
"(a) This section applies to the application of the provisions of section four of this article for municipalities in any county that has adopted local impact fees and a county-wide zoning ordinance with designated urban growth boundaries before December 1, 2008."
The bill was then ordered to third reading.
Com. Sub. for S. B. 278, Creating felony offense of willful failure to provide certain drug benefits; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page two, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following language:
"ARTICLE 15E. DISCOUNT MEDICAL PLAN ORGANIZATIONS AND DISCOUNT PRESCRIPTION DRUG PLAN ORGANIZATIONS ACT.

§33-15E-15. Criminal penalties.
(a) Any A person that willfully operates as or aids and abets another operating as a discount medical plan organization in violation of subsection (a), section four of this article is guilty of a felony and, upon conviction thereof, shall be fined not more than $20,000 for each unauthorized act or imprisoned in the state correctional facility not less than one nor more than five years, or both fined and imprisoned.
(b) (1) A No person that collects fees shall collect a fee for purported membership in a discount medical plan or discount prescription drug plan and knowingly and willfully fails fail to provide the promised benefits of the plan. with a value of one thousand dollars or more (1) Any person who violates this subsection and in doing so collects fees totaling $1,000 or more is guilty of a felony and, upon conviction thereof, shall be fined not more than $2,500 or imprisoned in a state correctional facility not less than one nor more than ten years, or, in the discretion of the court, be confined in jail for not more than one year, or both fined and imprisoned or confined.
(2) A person that collects fees for purported membership in a discount medical plan or discount prescription drug plan and knowingly and willfully fails to provide benefits with a value of less than one thousand dollars, Any person who violates this sub section and in doing so collects fees totaling less than $1,000 is guilty of a misdemeanor and, upon conviction thereof, shall be fined an amount not to exceed more than two thousand five hundred dollars $2,500 or confined in jail for a term not to exceed more than one year, or both fined and confined."
The bill was then ordered to third reading.
Com. Sub. for S. B. 282, Relating to retail liquor licenses' classification; on second reading, coming up in regular order, was read a second time.
At the request of Delegate Boggs, and by unanimous consent, the bill (Com. Sub. for S. B. 282) was advanced to third reading with an amendment pending.
S. B. 322, Exempting certain life insurance policies from Medicaid assignment; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Health and Human Resources, was reported by the Clerk and adopted, amending the bill on page two, section eleven, line six, following the word "Provided" and the comma by striking out the rest of the sentence and inserting in lieu thereof the following:
"That the first $25,000 of the death benefit of a life insurance policy is exempt from assignment under the provisions of this section."
The bill was then ordered to third reading.
Com. Sub. for S. B. 326, Mandating certain dental anesthesia insurance coverage; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page two, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following language:
"CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR,
SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.
ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.
§5-16-7. Authorization to establish group hospital and surgical insurance plan, group major
medical insurance plan, group prescription drug plan and group life and accidental death insurance plan; rules for administration of plans; mandated benefits; what plans may provide; optional plans; separate rating for claims experience purposes.

(a) The agency shall establish a group hospital and surgical insurance plan or plans, a group prescription drug insurance plan or plans, a group major medical insurance plan or plans and a group life and accidental death insurance plan or plans for those employees herein made eligible, and to establish and promulgate rules for the administration of these plans, subject to the limitations contained in this article. Those plans shall include:
(1) Coverages and benefits for X ray and laboratory services in connection with mammograms when medically appropriate and consistent with current guidelines from the United States Preventive Services Task Force; pap smears, either conventional or liquid-based cytology, whichever is medically appropriate and consistent with the current guidelines from either the United States Preventive Services Task Force or The American College of Obstetricians and Gynecologists; and a test for the human papilloma virus (HPV) when medically appropriate and consistent with current guidelines from either the United States Preventive Services Task Force or The American College of Obstetricians and Gynecologists, when performed for cancer screening or diagnostic services on a woman age eighteen or over;
(2) Annual checkups for prostate cancer in men age fifty and over;
(3) Annual screening for kidney disease as determined to be medically necessary by a physician using any combination of blood pressure testing, urine albumin or urine protein testing and serum creatinine testing as recommended by the National Kidney Foundation;
(4) For plans that include maternity benefits, coverage for inpatient care in a duly licensed health care facility for a mother and her newly born infant for the length of time which the attending physician considers medically necessary for the mother or her newly born child: Provided, That no plan may deny payment for a mother or her newborn child prior to forty-eight hours following a vaginal delivery, or prior to ninety-six hours following a caesarean section delivery, if the attending physician considers discharge medically inappropriate;
(5) For plans which provide coverages for post-delivery care to a mother and her newly born child in the home, coverage for inpatient care following childbirth as provided in subdivision (4) of this subsection if inpatient care is determined to be medically necessary by the attending physician. Those plans may also include, among other things, medicines, medical equipment, prosthetic appliances, and any other inpatient and outpatient services and expenses considered appropriate and desirable by the agency; and
(6) Coverage for treatment of serious mental illness.
(A) The coverage does not include custodial care, residential care or schooling. For purposes of this section, 'serious mental illness' means an illness included in the American Psychiatric Association's diagnostic and statistical manual of mental disorders, as periodically revised, under the diagnostic categories or subclassifications of: (i) Schizophrenia and other psychotic disorders; (ii) bipolar disorders; (iii) depressive disorders; (iv) substance-related disorders with the exception of caffeine-related disorders and nicotine-related disorders; (v) anxiety disorders; and (vi) anorexia and bulimia. With regard to any covered individual who has not yet attained the age of nineteen years, 'serious mental illness' also includes attention deficit hyperactivity disorder, separation anxiety disorder and conduct disorder.
(B) Notwithstanding any other provision in this section to the contrary, in the event that the agency can demonstrate actuarially that its total anticipated costs for the treatment of mental illness for any plan will exceed or have exceeded two percent of the total costs for such plan in any experience period, then the agency may apply whatever cost-containment measures may be necessary, including, but not limited to, limitations on inpatient and outpatient benefits, to maintain costs below two percent of the total costs for the plan.
(C) The agency shall not discriminate between medical-surgical benefits and mental health benefits in the administration of its plan. With regard to both medical-surgical and mental health benefits, it may make determinations of medical necessity and appropriateness, and it may use recognized health care quality and cost management tools, including, but not limited to, limitations on inpatient and outpatient benefits, utilization review, implementation of cost-containment measures, preauthorization for certain treatments, setting coverage levels, setting maximum number of visits within certain time periods, using capitated benefit arrangements, using fee-for-service arrangements, using third-party administrators, using provider networks and using patient cost sharing in the form of copayments, deductibles and coinsurance.
(7) Coverage for general anesthesia for dental procedures and associated outpatient hospital or ambulatory facility charges provided by appropriately licensed health care individuals in conjunction with dental care if the covered person is:
(A) Seven years of age or younger or is developmentally disabled, and is an individual for whom a successful result cannot be expected from dental care provided under local anesthesia because of a physical, intellectual or other medically compromising condition of the individual and for whom a superior result can be expected from dental care provided under general anesthesia;
(B) A child who is twelve years of age or younger with documented phobias, or with documented mental illness, and with dental needs of such magnitude that treatment should not be delayed or deferred and for whom lack of treatment can be expected to result in infection, loss of teeth or other increased oral or dental morbidity and for whom a successful result cannot be expected from dental care provided under local anesthesia because of such condition and for whom a superior result can be expected from dental care provided under general anesthesia.(b) The agency shall make available to each eligible employee, at full cost to the employee, the opportunity to purchase optional group life and accidental death insurance as established under the rules of the agency. In addition, each employee is entitled to have his or her spouse and dependents, as defined by the rules of the agency, included in the optional coverage, at full cost to the employee, for each eligible dependent; and with full authorization to the agency to make the optional coverage available and provide an opportunity of purchase to each employee.
(c) The finance board may cause to be separately rated for claims experience purposes:
(1) All employees of the State of West Virginia;
(2) All teaching and professional employees of state public institutions of higher education and county boards of education;
(3) All nonteaching employees of the Higher Education Policy Commission, West Virginia Council for Community and Technical College Education and county boards of education; or
(4) Any other categorization which would ensure the stability of the overall program.
(d) The agency shall maintain the medical and prescription drug coverage for Medicare- eligible retirees by providing coverage through one of the existing plans or by enrolling the Medicare-eligible retired employees into a Medicare-specific plan, including, but not limited to, the Medicare/Advantage Prescription Drug Plan. In the event that a Medicare-specific plan would no longer be available or advantageous for the agency and the retirees, the retirees shall remain eligible for coverage through the agency.
§5-16-9. Authorization to execute contracts for group hospital, and surgical insurance, group major medical insurance, group prescription drug insurance, group life and accidental death insurance and other accidental death insurance; mandated benefits; limitations; awarding of contracts; reinsurance; certificates for covered employees; discontinuance of contracts.

(a) The director is hereby given exclusive authorization to execute such contract or contracts as are necessary to carry out the provisions of this article and to provide the plan or plans of group hospital and surgical insurance coverage, group major medical insurance coverage, group prescription drug insurance coverage and group life and accidental death insurance coverage selected in accordance with the provisions of this article, such contract or contracts to be executed with one or more agencies, corporations, insurance companies or service organizations licensed to sell group hospital and surgical insurance, group major medical insurance, group prescription drug insurance and group life and accidental death insurance in this state.
(b) The group hospital or surgical insurance coverage and group major medical insurance coverage herein provided for shall include coverages and benefits for X ray and laboratory services in connection with mammogram and pap smears when performed for cancer screening or diagnostic services and annual checkups for prostate cancer in men age fifty and over. Such benefits shall include, but not be limited to, the following:
(1) Mammograms when medically appropriate and consistent with the current guidelines from the United States Preventive Services Task Force;
(2) A pap smear, either conventional or liquid-based cytology, whichever is medically appropriate and consistent with the current guidelines from the United States Preventative Services Task Force or The American College of Obstetricians and Gynecologists, for women age eighteen and over;
(3) A test for the human papilloma virus (HPV) for women age eighteen or over, when medically appropriate and consistent with the current guidelines from either the United States Preventive Services Task Force or The American College of Obstetricians and Gynecologists for women age eighteen and over; and
(4) A checkup for prostate cancer annually for men age fifty or over; and
(5) Annual screening for kidney disease as determined to be medically necessary by a physician using any combination of blood pressure testing, urine albumin or urine protein testing and serum creatinine testing as recommended by the National Kidney Foundation.
(6) Coverage for general anesthesia for dental procedures and associated outpatient hospital or ambulatory facility charges provided by appropriately licensed healthcare individuals in conjunction with dental care if the covered person is:
(A) Seven years of age or younger or is developmentally disabled and is either an individual for whom a successful result cannot be expected from dental care provided under local anesthesia because of a physical, intellectual or other medically compromising condition of the individual and for whom a superior result can be expected from dental care provided under general anesthesia; or
(B) A child who is twelve years of age or younger with documented phobias, or with documented mental illness, and with dental needs of such magnitude that treatment should not be delayed or deferred and for whom lack of treatment can be expected to result in infection, loss of teeth or other increased oral or dental morbidity and for whom a successful result cannot be expected from dental care provided under local anesthesia because of such condition and for whom a superior result can be expected from dental care provided under general anesthesia.
(c) The group life and accidental death insurance herein provided for shall be in the amount of $10,000 for every employee. The amount of the group life and accidental death insurance to which an employee would otherwise be entitled shall be reduced to $5,000 upon such employee attaining age sixty-five.
(d) All of the insurance coverage to be provided for under this article may be included in one or more similar contracts issued by the same or different carriers.
(e) The provisions of article three, chapter five-a of this code, relating to the division of purchases of the Department of Finance and Administration, shall not apply to any contracts for any insurance coverage or professional services authorized to be executed under the provisions of this article. Before entering into any contract for any insurance coverage, as authorized in this article, the director shall invite competent bids from all qualified and licensed insurance companies or carriers, who may wish to offer plans for the insurance coverage desired: Provided, That the director shall negotiate and contract directly with health care providers and other entities, organizations and vendors in order to secure competitive premiums, prices and other financial advantages. The director shall deal directly with insurers or health care providers and other entities, organizations and vendors in presenting specifications and receiving quotations for bid purposes. No commission or finder's fee, or any combination thereof, shall be paid to any individual or agent; but this shall not preclude an underwriting insurance company or companies, at their own expense, from appointing a licensed resident agent, within this state, to service the companies' contracts awarded under the provisions of this article. Commissions reasonably related to actual service rendered for the agent or agents may be paid by the underwriting company or companies: Provided, however, That in no event shall payment be made to any agent or agents when no actual services are rendered or performed. The director shall award the contract or contracts on a competitive basis. In awarding the contract or contracts the director shall take into account the experience of the offering agency, corporation, insurance company or service organization in the group hospital and surgical insurance field, group major medical insurance field, group prescription drug field and group life and accidental death insurance field, and its facilities for the handling of claims. In evaluating these factors, the director may employ the services of impartial, professional insurance analysts or actuaries or both. Any contract executed by the director with a selected carrier shall be a contract to govern all eligible employees subject to the provisions of this article. Nothing contained in this article shall prohibit any insurance carrier from soliciting employees covered hereunder to purchase additional hospital and surgical, major medical or life and accidental death insurance coverage.
(f) The director may authorize the carrier with whom a primary contract is executed to reinsure portions of the contract with other carriers which elect to be a reinsurer and who are legally qualified to enter into a reinsurance agreement under the laws of this state.
(g) Each employee who is covered under any contract or contracts shall receive a statement of benefits to which the employee, his or her spouse and his or her dependents are entitled under the contract, setting forth the information as to whom the benefits are payable, to whom claims shall be submitted, and a summary of the provisions of the contract or contracts as they affect the employee, his or her spouse and his or her dependents.
(h) The director may at the end of any contract period discontinue any contract or contracts it has executed with any carrier and replace the same with a contract or contracts with any other carrier or carriers meeting the requirements of this article.
(i) The director shall provide by contract or contracts entered into under the provisions of this article the cost for coverage of children's immunization services from birth through age sixteen years to provide immunization against the following illnesses: Diphtheria, polio, mumps, measles, rubella, tetanus, hepatitis-b, haemophilus influenzae-b and whooping cough. Additional immunizations may be required by the Commissioner of the Bureau of for Public Health for public health purposes. Any contract entered into to cover these services shall require that all costs associated with immunization, including the cost of the vaccine, if incurred by the health care provider, and all costs of vaccine administration, be exempt from any deductible, per visit charge and/or copayment provisions which may be in force in these policies or contracts. This section does not require that other health care services provided at the time of immunization be exempt from any deductible and/or copayment provisions.
CHAPTER 33. INSURANCE.

ARTICLE 15. ACCIDENT AND SICKNESS INSURANCE.
§33-15-4j. Required coverage for dental anesthesia services.
(a) Notwithstanding any provision of any policy, provision, contract, plan or agreement to which this article applies, any entity regulated by this article shall, on or after July 1, 2009, provide as benefits to all subscribers and members coverage for dental anesthesia services as hereinafter set forth.
(b) For purposes of this article and section, Transportationdental anesthesia servicesTransportation means general anesthesia for dental procedures and associated outpatient hospital or ambulatory facility charges provided by appropriately licensed health care individuals in conjunction with dental care provided to an enrollee or insured if the enrollee or insured is:
(A) Seven years of age or younger or is developmentally disabled is an individual for whom a successful result cannot be expected from dental care provided under local anesthesia because of a physical, intellectual or other medically compromising condition of the enrollee or insured and for whom a superior result can be expected from dental care provided under general anesthesia; or
(B) A child who is twelve years of age or younger with documented phobias, or with documented mental illness, and with dental needs of such magnitude that treatment should not be delayed or deferred and for whom lack of treatment can be expected to result in infection, loss of teeth or other increased oral or dental morbidity and for whom a successful result cannot be expected from dental care provided under local anesthesia because of such condition and for whom a superior result can be expected from dental care provided under general anesthesia.
(c) Prior authorization. An entity subject to this section may require prior authorization for general anesthesia and associated out patient hospital or ambulatory facility charges for dental care in the same manner that prior authorization is required for these benefits in connection with other covered medical care.
(d) An entity subject to this section may restrict coverage for general anesthesia and associated out patient hospital or ambulatory facility charges unless the dental care is provided by:
(1) A fully accredited specialist in pediatric dentistry;
(2) A fully accredited specialist in oral and maxillofacial surgery; and
(3) A dentist to whom hospital privileges have been granted.
(e)
Dental care coverage not required. -- The provisions of this section may not be construed to require coverage for the dental care for which the general anesthesia is provided.
(f)
Temporal mandibular joint disorders. -- The provisions of this section do not apply to dental care rendered for temporal mandibular joint disorders.
(g) A policy, provision, contract, plan or agreement may apply to dental anesthesia services the same deductibles, coinsurance and other limitations as apply to other covered services.
ARTICLE 16. GROUP ACCIDENT AND SICKNESS INSURANCE.
§33-16-3t. Required coverage for dental anesthesia services.
(a) Notwithstanding any provision of any policy, provision, contract, plan or agreement to which this article applies, any entity regulated by this article shall, on or after July 1, 2009, provide as benefits to all subscribers and members coverage for dental anesthesia services as hereinafter set forth.
(b) For purposes of this article and section, Transportationdental anesthesia servicesTransportation means general anesthesia for dental procedures and associated out patient hospital or ambulatory facility charges provided by appropriately licensed health care individuals in conjunction with dental care provided to an enrollee or insured if the enrollee or insured is:
(1) Seven years of age or younger or is developmentally disabled and is an individual for whom a successful result cannot be expected from dental care provided under local anesthesia because of a physical, intellectual or other medically compromising condition of the enrollee or insured and for whom a superior result can be expected from dental care provided under general anesthesia; or
(2) A child who is twelve years of age or younger with documented phobias, or with documented mental illness, and with dental needs of such magnitude that treatment should not be delayed or deferred and for whom lack of treatment can be expected to result in infection, loss of teeth or other increased oral or dental morbidity and for whom a successful result cannot be expected from dental care provided under local anesthesia because of such condition and for whom a superior result can be expected from dental care provided under general anesthesia.
(c)
Prior authorization. -- An entity subject to this section may require prior authorization for general anesthesia and associated out patient hospital or ambulatory facility charges for dental care in the same manner that prior authorization is required for these benefits in connection with other covered medical care.
(d) An entity subject to this section may restrict coverage for general anesthesia and associated out patient hospital or ambulatory facility charges unless the dental care is provided by:
(1) A fully accredited specialist in pediatric dentistry;
(2) A fully accredited specialist in oral and maxillofacial surgery; and
(3) A dentist to whom hospital privileges have been granted. (e)
Dental care coverage not required. -- The provisions of this section may not be construed to require coverage for the dental care for which the general anesthesia is provided.
(f)
Temporal mandibular joint disorders. -- The provisions of this section do not apply to dental care rendered for temporal mandibular joint disorders.
(g) A policy, provision, contract, plan or agreement may apply to dental anesthesia services the same deductibles, coinsurance and other limitations as apply to other covered services.
ARTICLE 24. HOSPITAL SERVICE CORPORATIONS, MEDICAL SERVICE CORPORATIONS, DENTAL SERVICE CORPORATIONS AND HEALTH SERVICE CORPORATIONS.

§33-24-7j. Required coverage for dental anesthesia services.
(a) Notwithstanding any provision of any policy, provision, contract, plan or agreement to which this article applies, any entity regulated by this article shall, on or after July 1, 2009, provide as benefits to all subscribers and members coverage for dental anesthesia services as hereinafter set forth.
(b) For purposes of this article and section, Transportationdental anesthesia servicesTransportation means general anesthesia for dental procedures and associated out patient hospital or ambulatory facility charges provided by appropriately licensed health care individuals in conjunction with dental care provided to an enrollee or insured if the enrollee or insured is:
(1) Seven years of age or younger or is developmentally disabled and is an individual for whom a successful result cannot be expected from dental care provided under local anesthesia because of a physical, intellectual or other medically compromising condition of the enrollee or insured and for whom a superior result can be expected from dental care provided under general anesthesia; or
(2) A child who is twelve years of age or younger with documented phobias, or with documented mental illness, and with dental needs of such magnitude that treatment should not be delayed or deferred and for whom lack of treatment can be expected to result in infection, loss of teeth or other increased oral or dental morbidity and for whom a successful result cannot be expected from dental care provided under local anesthesia because of such condition and for whom a superior result can be expected from dental care provided under general anesthesia.
(c)
Prior authorization. -- An entity subject to this section may require prior authorization for general anesthesia and associated outpatient hospital or ambulatory facility charges for dental care in the same manner that prior authorization is required for these benefits in connection with other covered medical care.
(d) An entity subject to this section may restrict coverage for general anesthesia and associated outpatient hospital or ambulatory facility charges unless the dental care is provided by:
(1) A fully accredited specialist in pediatric dentistry; (2) A fully accredited specialist in oral and maxillofacial surgery; and
(3) A dentist to whom hospital privileges have been granted. (e)
Dental care coverage not required. -- The provisions of this section may not be construed to require coverage for the dental care for which the general anesthesia is provided.
(f)
Temporal mandibular joint disorders. -- The provisions of this section do not apply to dental care rendered for temporal mandibular joint disorders.
(g) A policy, provision, contract, plan or agreement may apply to dental anesthesia services the same deductibles, coinsurance and other limitations as apply to other covered services.
ARTICLE 25. HEALTH CARE CORPORATIONS.
§33-25-8h. Required coverage for dental anesthesia services.
(a) Notwithstanding any provision of any policy, provision, contract, plan or agreement to which this article applies, any entity regulated by this article shall, on or after July 1, 2009, provide as benefits to all subscribers and members coverage for dental anesthesia services as hereinafter set forth.
(b) For purposes of this article and section, Transportationdental anesthesia servicesTransportation means general anesthesia for dental procedures and associated outpatient hospital or ambulatory facility charges provided by appropriately licensed health care individuals in conjunction with dental care provided to an enrollee or insured if the enrollee or insured is:
(1) Seven years of age or younger or is developmentally disabled and is an individual for whom a successful result cannot be expected from dental care provided under local anesthesia because of a physical, intellectual or other medically compromising condition of the enrollee or insured and for whom a superior result can be expected from dental care provided under general anesthesia; or
(2)A child who is twelve years of age or younger with documented phobias, or with documented mental illness, and with dental needs of such magnitude that treatment should not be delayed or deferred and for whom lack of treatment can be expected to result in infection, loss of teeth or other increased oral or dental morbidity and for whom a successful result cannot be expected from dental care provided under local anesthesia because of such condition and for whom a superior result can be expected from dental care provided under general anesthesia.
(c)
Prior authorization. -- An entity subject to this section may require prior authorization for general anesthesia and associated outpatient hospital or ambulatory facility charges for dental care in the same manner that prior authorization is required for these benefits in connection with other covered medical care.
(d) An entity subject to this section may restrict coverage for general anesthesia and associated outpatient hospital or ambulatory facility charges unless the dental care is provided by:
(1) A fully accredited specialist in pediatric dentistry; (2) A fully accredited specialist in oral and maxillofacial surgery; and (3) A dentist to whom hospital privileges have been granted. (e)
Dental care coverage not required. -- The provisions of this section may not be construed to require coverage for the dental care for which the general anesthesia is provided.
(f)
Temporal mandibular joint disorders. -- The provisions of this section do not apply to dental care rendered for temporal mandibular joint disorders.
(g) A policy, provision, contract, plan or agreement may apply to dental anesthesia services the same deductibles, coinsurance and other limitations as apply to other covered services.
ARTICLE 25A. HEALTH MAINTENANCE ORGANIZATION ACT.
§33-25A-8i. Third-party reimbursement for dental anesthesia services.
(a) Notwithstanding any provision of any policy, provision, contract, plan or agreement to which this article applies, any entity regulated by this article shall, on or after July 1, 2009, provide as benefits to all subscribers and members coverage for dental anesthesia services as hereinafter set forth.
(b) For purposes of this article and section, "dental anesthesia services" means general anesthesia for dental procedures and associated outpatient hospital or ambulatory facility charges provided by appropriately licensed health care individuals in conjunction with dental care provided to a subscriber or member if the subscriber or member is:
(1) Seven years of age or younger or is developmentally disabled and is an individual for whom a successful result cannot be expected from dental care provided under local anesthesia because of a physical, intellectual or other medically compromising condition of the subscriber or member and for whom a superior result can be expected from dental care provided under general anesthesia; or
(2 A child who is twelve years of age or younger with documented phobias, or with documented mental illness, and with dental needs of such magnitude that treatment should not be delayed or deferred and for whom lack of treatment can be expected to result in infection, loss of teeth, or other increased oral or dental morbidity and for whom a successful result cannot be expected from dental care provided under local anesthesia because of such condition and for whom a superior result can be expected from dental care provided under general anesthesia.
(c)
Prior authorization. -- An entity subject to this section may require prior authorization for general anesthesia and associated outpatient hospital, ambulatory facility or similar charges for dental care in the same manner that prior authorization is required for these benefits in connection with other covered medical care.
(d) An entity subject to this section may restrict coverage for general anesthesia and associated outpatient hospital or ambulatory facility charges unless the dental care is provided by:
(1) A fully accredited specialist in pediatric dentistry;
(2) A fully accredited specialist in oral and maxillofacial surgery; and
(3) A dentist to whom hospital privileges have been granted.
(e)
Dental care coverage not required. -- The provisions of this section may not be construed to require coverage for the dental care for which the general anesthesia is provided.
(f)
Temporal mandibular joint disorders. -- The provisions of this section do not apply to dental care rendered for temporal mandibular joint disorders.
(g) A policy, provision, contract, plan or agreement may apply to dental anesthesia services the same deductibles, coinsurance and other limitations as apply to other covered services.
"
The bill was then ordered to third reading.
S. B. 347, Correcting code reference related to extended supervision for certain sex offenders; 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 12. PROBATION AND PAROLE.
§62-12-26. Extended supervision for certain sex offenders; sentencing; conditions; supervision provisions; supervision fee.

(a) Notwithstanding any other provision of this code to the contrary, any defendant convicted after the effective date of this section of a violation of section twelve, article eight, chapter sixty-one of this code or a felony violation of the provisions of article eight-b, eight-c or eight-d of said chapter shall, as part of the sentence imposed at final disposition, be required to serve, in addition to any other penalty or condition imposed by the court, a period of supervised release of up to fifty years: Provided, That the period of supervised release imposed by the court pursuant to this section for a defendant convicted after the effective date of this section as amended and reenacted during the first extraordinary session of the Legislature, two thousand six, of a violation of sections three or seven, article eight-b, chapter sixty-one of this code and sentenced pursuant to section nine-a, article eight- b, chapter sixty-one of this code, shall be no less than ten years: Provided, however, That a defendant designated after the effective date of this section as amended and reenacted during the first extraordinary session of the Legislature, two thousand six, as a sexually violent predator pursuant to the provisions of section two-a, article twelve, chapter fifteen of this code shall be subject, in addition to any other penalty or condition imposed by the court, to supervised release for life: Provided further, That, pursuant to the provisions of subsection (g) of this section, a court may modify, terminate or revoke any term of supervised release imposed pursuant to subsection (a) of this section.
(b) Any person required to be on supervised release for a minimum term of ten years or for life pursuant to the provisos of subsection (a) also shall be further prohibited from:
(1) Establishing a residence or accepting employment within one thousand feet of a school or child care facility or within one thousand feet of the residence of a victim or victims of any sexually violent offenses for which the person was convicted;
(2) Establishing a residence or any other living accommodation in a household in which a child under sixteen resides if the person has been convicted of a sexually violent offense against a child, unless the person is one of the following:
(i) The child's parent;
(ii) The child's grandparent; or
(iii) The child's stepparent and the person was the stepparent of the child prior to being convicted of a sexually violent offense, the person's parental rights to any children in the home have not been terminated, the child is not a victim of a sexually violent offense perpetrated by the person, and the court determines that the person is not likely to cause harm to the child or children with whom such person will reside: Provided, That nothing in this subsection shall preclude a court from imposing residency or employment restrictions as a condition of supervised release on defendants other than those subject to the provision of this subsection.
(c) The period of supervised release imposed by the provisions of this section shall begin upon the expiration of any period of probation, the expiration of any sentence of incarceration or the expiration of any period of parole supervision imposed or required of the person so convicted, whichever expires later.
(d) Any person sentenced to a period of supervised release pursuant to the provisions of this section shall be supervised by the probation office of the sentencing court or by the community corrections program established in said circuit unless jurisdiction is transferred elsewhere by order of the sentencing court.
(e) A defendant sentenced to a period of supervised release shall be subject to any or all of the conditions applicable to a person placed upon probation pursuant to the provisions of section nine, article twelve, chapter sixty-one sixty-two of this code: Provided, That any defendant sentenced to a period of supervised release pursuant to this section shall be required to participate in appropriate offender treatment programs or counseling during the period of supervised release unless the court deems such the offender treatment programs or counseling to no longer be appropriate or necessary and makes express findings in support thereof.
Within ninety days of the effective date of this section as amended and reenacted during the first extraordinary session of the Legislature, two thousand six, the Secretary of the Department of Health and Human Resources shall propose rules and emergency rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code establishing qualifications for sex offender treatment programs and counselors based on accepted treatment protocols among licensed mental health professionals.
(f) The sentencing court may, based upon defendant's ability to pay, impose a supervision fee to offset the cost of supervision. Said fee shall not exceed fifty dollars per month. Said fee may be modified periodically based upon the defendant's ability to pay.
(g) Modification of conditions or revocation. -- The court may:
(1) Terminate a term of supervised release and discharge the defendant released at any time after the expiration of two years of supervised release, pursuant to the provisions of the West Virginia Rules of Criminal Procedure relating to the modification of probation, if it is satisfied that such action is warranted by the conduct of the defendant released and the interests of justice;
(2) Extend a period of supervised release if less than the maximum authorized period was previously imposed or modify, reduce or enlarge the conditions of supervised release, at any time prior to the expiration or termination of the term of supervised release, consistent with the provisions of the West Virginia Rules of Criminal Procedure relating to the modification of probation and the provisions applicable to the initial setting of the terms and conditions of post-release supervision;
(3) Revoke a term of supervised release and require the defendant to serve in prison all or part of the term of supervised release without credit for time previously served on supervised release if the court, pursuant to the West Virginia Rules of Criminal Procedure applicable to revocation of probation, finds by clear and convincing evidence that the defendant violated a condition of supervised release, except that a defendant whose term is revoked under this subdivision may not be required to serve more than the period of supervised release;
(4) Order the defendant to remain at his or her place of residence during nonworking hours and, if the court so directs, to have compliance monitored by telephone or electronic signaling devices, except that an order under this paragraph may be imposed only as an alternative to incarceration.
(h) Written statement of conditions. -- The court shall direct that the probation officer provide the defendant with a written statement at the defendant's sentencing hearing that sets forth all the conditions to which the term of supervised release is subject and that it is sufficiently clear and specific to serve as a guide for the defendant's conduct and for such supervision as is required.
(i) Supervised release following revocation. -- When a term of supervised release is revoked and the defendant is required to serve a term of imprisonment that is less than the maximum term of imprisonment supervised release authorized under subsection (a) of this section, the court may include a requirement that the defendant be placed on a term of supervised release after imprisonment. The length of such term of supervised release shall not exceed the term of supervised release authorized by this section less any term of imprisonment that was imposed upon revocation of supervised release.
(j) Delayed revocation. -- The power of the court to revoke a term of supervised release for violation of a condition of supervised release and to order the defendant to serve a term of imprisonment and, subject to the limitations in subsection (h) (i) of this section, a further term of supervised release extends beyond the expiration of the term of supervised release for any period necessary for the adjudication of matters arising before its expiration if, before its expiration, a warrant or summons has been issued on the basis of an allegation of such a violation."
The bill was then ordered to third reading.

S. B. 425, Disclosing certain refinanced loan's higher annual percentage rate; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 468, Requiring redemption property purchaser pay in certified funds; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 470, Regulating all-terrain vehicles on Hatfield-McCoy Trail; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page two, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following language:
"That §20-15-1, §20-15-2, §20-15-3, §20-15-4, §20-15-5 and §20-15-6 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 15. ATV, UTV AND MOTORCYCLE RESPONSIBILITY ACT.
§20-15-1. Legislative findings.
The West Virginia Legislature finds that trail-oriented recreation for off-highway vehicle enthusiasts offered by the Hatfield-McCoy Regional Recreation Authority significantly contributes to the economy of West Virginia and is enjoyed by a large and growing number of residents and nonresidents alike. Since it is recognized that there are inherent risks in the operation of such off- highway vehicles which should be understood by each operator and which cannot be eliminated by the Hatfield -McCoy Regional Recreation Authority or its authorized outfitters or licensees, it is the purpose of this article to define the areas of responsibility and affirmative acts which authorized outfitters must perform or risk being liable for loss, damage or injury suffered by participants and to define the risk which the participants expressly assume and for which there can be no recovery.
§20-15-2. Definitions.
The terms in this article have the following meaning, unless the context clearly requires a different meaning:
(1) 'All-terrain vehicle' or "ATV" shall mean means any motor vehicle fifty-two inches or less in width, having an unladen weight of eight hundred pounds or less, traveling on four or more low pressure tires with a seat designed to be straddled by the rider, designed for or capable of travel over unimproved terrain designed for off-highway use and designed to travel on not less than three low-pressure tires, having a seat designed to be straddled by the operator and handlebars for steering control and intended by the manufacturer to be used by a single operator or by an operator and no more than one passenger.
(2) "Motorcycle" means any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than two wheels in contact with the ground "Authorized outfitter" or "licensee" means a commercial outfitter, which is a person, partnership, limited liability company ("LLC"), corporation, other organization, or any combination thereof, licensed by the Hatfield- McCoy Regional Recreation Authority, who operates from any temporary or permanent camp, private or public lodge, or private home, who provides guided tours or the rental of all-terrain vehicles, utility-terrain vehicles or motorcycles for use on assigned lands for monetary profit or gain.
(3) "Authorized outfitter" or "licensee" means a commercial outfitter, which is a person, partnership, limited liability company ("LLC"), corporation, other organization, or any combination thereof, licensed by the Hatfield-McCoy Regional Recreation Authority, who operate from any temporary or permanent camp, private or public lodge, or private home, who provide guided tours or the rental of all-terrain vehicles or motorcycles for use on assigned lands for monetary profit or gain "Low-pressure tire" means every tire in which twenty pounds per square inch or less of compressed air is designed to support the load.
(4) "Participant" means any person using the services or equipment of an authorized outfitter or licensee, including passengers of an all-terrain vehicle or motorcycle "Motorcycle" means any motor vehicle manufactured with no more than two wheels and having a seat or saddle for the use of the operator.
(5) "Participant" means any person using the facilities of the Hatfield-McCoy Regional Recreation Authority.
(6) "Utility-terrain vehicle" or "UTV" means any motor vehicle with four or more low- pressure tires designed for off-highway use having bench or bucket seating for each occupant and a steering wheel for control.
§20-15-3. Scope.
The provisions of This article shall only apply to the Hatfield-McCoy Regional Recreation Authority, authorized outfitters or licensees licensed by the Hatfield-McCoy Regional Recreation Authority and any participant as defined in section two of this article.
§20-15-4. Duties of authorized outfitters or licensees.
(a) Every authorized outfitter or licensee shall:
(1) Mark for identification purposes all equipment and vehicles used in the business;
(2) Maintain all equipment and vehicles used in the business in such condition that the equipment and vehicles are safe to operate or use as intended and recommended by the manufacturer;
(3) Provide facilities, equipment and services conforming to safety and other requirements established by the rules promulgated by the Hatfield-McCoy Regional Recreation Authority;
(4) Provide facilities, equipment and services as advertised or as agreed to by the authorized outfitter or licensee and the participant;
(5) Provide protective helmets which are size appropriate and which meet the current performance specifications established by the American National Standards Institute standard, z 90.1, the United States Department of Transportation federal motor vehicle safety standard no. 218 or Snell safety standards for protective headgear for vehicle users as defined by subdivision (5), subsection (a), section one, article one, chapter seventeen-f of this code, to all persons using all- terrain vehicles, utility-terrain vehicles or motorcycles;
(6) Provide all-terrain vehicles or motorcycles which are age and size appropriate as recommended by the manufacturer;
(7) Make reasonable and prudent efforts to ensure that participants utilizing the facilities, equipment or services of the authorized outfitter or licensee have received the safety training required by the provisions of the legislative rule for the use of the Hatfield-McCoy Regional Recreation Area;
(8) Make certain that every guide offered to participants by the authorized outfitter or licensee has a current standard first aid training certificate and CPR certificate issued by the American Red Cross or its equivalent and ATV safety training through the ATV Safety Institute by the Hatfield- McCoy Recreation Authority or its designee;
(9) Make certain that employees carry first aid kits when acting as guides; and
(10) Make known to any participant utilizing the facilities, equipment or services of the authorized outfitter or licensee any dangerous condition as to trail lands, facilities or equipment to be traversed or used which is known by the outfitter or licensee.
(b) An authorized outfitter or licensee may not rent or lease an all-terrain vehicle, utility- terrain vehicle or motorcycle to a person under the age of eighteen years or allow any owner-operated all-terrain vehicle, utility-terrain vehicle or motorcycle on any guided tour when operated by any person under the age of eighteen years without first obtaining a written statement, signed by the minor's parent or guardian certifying that:
(1) Any machine to be operated by the minor or his or her parent or guardian is of a model that is recommended by the manufacturer as appropriate to the minor's age and size;
(2) All rules governing the use of the vehicle and the Hatfield-McCoy Recreation Area have been explained to the minor in sufficient detail to enable the minor to abide by the rules; and
(3) Any minor under the age of sixteen will remain under the supervision of and the sight of the parent or guardian at all times.
(c) An authorized outfitter or licensee shall provide a participant with written notification of his or her duties as prescribed in section five of this article, and the participant shall sign the notification and shall be kept on file by the outfitter or licensee for not less than five years An authorized outfitter or licensee may not rent or lease a utility-terrain vehicle to any person who is not at least sixteen years of age and in possession of a valid driver's license.
(d) An authorized outfitter or licensee shall provide a participant utilizing the facilities, equipment or services of the authorized outfitter or licensee with written notification of his or her duties as prescribed in section five of this article. The participant shall sign the notification prior to using the equipment. The signed notification, or an electronically stored copy thereof, shall be kept on file by the outfitter or licensee for not less than five years.
§20-15-5. Duties of participants.
(a) All participants:
(1) Shall comply with any requirements established by law, including those in section one, article one, chapter seventeen-f of this code which defines those acts prohibited by operators of all-terrain vehicles;
(2) Shall comply with the rules or regulations established for use of the Hatfield-McCoy Recreation Area;
(3) Shall, as to the Hatfield-McCoy Regional Recreation Authority, operator authorized outfitter or licensee, expressly assume the risk of and legal responsibility for any injury, loss or damage to person or property which results from participation in operating an all-terrain vehicle, utility-terrain vehicle or motorcycle owned by the authorized outfitter or licensee, and caused by any of the following:
(A) Variations in terrain, slope or angle of terrain;
(B) Surface or subsurface conditions including: Rocks, trees or other forms of forest growth or debris;
(C) Collisions with signs, markers, width restrictors, culverts, bridges, pipes, equipment, vehicles or any other objects or fixtures used in trail management, maintenance, construction or development;
(D) Collisions with signs, markers, pipes, equipment, vehicles or any component thereof used in natural resource maintenance, development or extraction;
(E) Collisions with electrical transmission poles, towers, lines, guy wires or any component thereof;
(4) Shall obey all rules or instructions announced by the Hatfield-McCoy Regional Recreation Authority, authorized outfitter or licensee, with regard to the operation of the all-terrain vehicle or motorcycle he or she is operating; and
(5) Shall wear all safety equipment provided by the authorized outfitter or licensee, or which might otherwise be required by law.
(b) Each participant shall have the sole individual responsibility for:
(1) Knowing the range of his or her own ability to negotiate any slope or trail;
(2) Operating the ATV, UTV or motorcycle within the limits of the participant's own ability;
(3) Maintaining reasonable control of speed and course at all times;
(4) Heeding all posted warnings;
(5) Operating only on trails designated by the Hatfield-McCoy Regional Recreation Authority; and
(6) Refraining from acting in a manner which may cause or contribute to the injury of any person.
(c) If while riding an ATV, UTV or motorcycle any participant collides with any object or person, the responsibility for the collision shall be solely that of the participant or participants involved and not that of the Hatfield-McCoy Regional Recreation Authority, authorized outfitter or licensee unless the Hatfield-McCoy Regional Recreation Authority, authorized outfitter or licensee or his or her their agent caused the collision in a tortious manner.
(d) After an accident, a participant may not leave the area where the accident took place without:
(1) Leaving personal identification, including his or her name and address;
(2) Notifying the proper authorities; and
(3) Obtaining assistance when he or she knows or reasonably should know that any other person involved in the accident is in need of medical or other assistance.
(e) Where a participant is a lawful passenger, that participant may not distract or perform any act which might interfere with the safe operation of the all-terrain vehicle, utility-terrain vehicle or motorcycle of which he or she is a passenger.
(f) Any person under the age of sixteen years shall remain under the direct supervision and within sight of a parent or guardian both of whom must otherwise comply with state or federal laws and any rules or regulations promulgated thereunder.
(g) A participant may not make any alterations or tamper with the all-terrain vehicle, utility- terrain vehicle or motorcycle he or she is operating or of which he or she is a passenger in any way which would interfere with the continued safe operation of that machine.
§20-15-6. Liability of authorized outfitters and licensees.
(a) Any authorized outfitter or licensee is liable for injury, loss or damage caused by failure to follow the duties set forth in section four of this article where the violation of duty is causally related to the injury, loss or damage suffered.
(b) An authorized outfitter or licensee is not liable for any injury, loss or damage caused by the negligence of any person who is not an agent or employee of the authorized outfitter or licensee.
(c) An authorized outfitter or licensee is not liable for any injury, loss or damage caused by a participant's violation of any duty described in section five of this article.
(d) An authorized outfitter or licensee is not liable for any injury, loss or damage caused solely by the participant's failure to negotiate the terrain or environment over which or through which the participant is operating his or her all-terrain vehicle, utility-terrain vehicle or motorcycle as described in section five of this article."
The bill was then ordered to third reading.
S. B. 481, Requiring employers provide certain documentation to Public Employees Insurance Agency; 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 two, section twelve-a, subsection (a), line five, after the word "include" by striking out the comma and the words "but not be limited to".
The bill was then ordered to third reading.
S. B. 494, Authorizing Insurance Commissioner order restitution in certain cases; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 495, Authorizing Insurance Commissioner permit certain groups life insurance policies; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 507, Relating to Clean Coal Technology Council's powers and duties; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 552, Relating to affordable health insurance plan proposals; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Banking and Insurance, was reported by the Clerk and adopted, amending the bill on page two, by striking out everything after the enacting clause and inserting in lieu thereof the following:
"That §33-15D-1, §33-15D-2, §33-15D-3, §33-15D-4, §33-15D-5, §33-15D-6, §33-15D-7, §33-15D-8, §33-15D-9, §33-15D-10 and §33-15D-11 of the Code of West Virginia, 1931, as amended, be repealed; that said code be amended by adding a new section thereto, designated §33- 16-3t; that §33-16F-1, §33-16F-2, §33-16F-3, §33-16F-4, §33-16F-5, §33-16F-6, §33-16F-7 and §33-16F-8 of said code be amended and reenacted; and that said code be amended by adding thereto two new sections, designated §33-16F-9 and §33-16F-10, all to read as follows:
ARTICLE 16. GROUP ACCIDENT AND SICKNESS INSURANCE.
§33-16-3t. Special enrollment period under the American Recovery and Reinvestment Act of 2009.

(a) The Legislature finds that recent attempts to assist unemployed persons during the economic downturn beginning at the end of 2009 included a federal initiative to provide subsidies to certain persons who have lost their employer-sponsored health insurance coverage. As part of the American Recovery and Reinvestment Act of 2009, certain involuntarily terminated employees and their dependents were given an second opportunity to elect subsidized COBRA coverage. This federal initiative also included relief to certain persons not covered by the federal COBRA laws, but access to such relief was made dependent on the states acting to require that such persons be given notice of their right to elect such coverage. Therefore, the Legislature intends that this section be interpreted in such a manner as to maximize the opportunity of West Virginians to obtain these much needed subsidies.
(b) Definitions. As used in this section:
(1) 'Assistance eligible individual' means any qualified beneficiary who was eligible for continuation coverage between September 1, 2008 and February 17, 2009 due to a covered employee's termination from employment during this period and who elected such coverage. (2) "Continuation coverage" means accident and sickness insurance coverage offered to persons pursuant to policy provisions required by subsection (e), section three of this article.
(3) "Covered employee" means a person who was involuntarily terminated by a small employer between September 1, 2008 and February 16, 2009, and at the time of his or her termination either (i) was eligible for but did not elect to enroll in continuation coverage; or (ii) enrolled but subsequently discontinued enrollment in continuation coverage.
(4) "Qualified beneficiary" has the same meaning as that term is defined in §607(3) of the Employee Retirement Income Security Act of 1974, 29 U.S.C. §1167(3).
(5) "Small employer" means any employer that had fewer than twenty (20) employees during fifty percent (50%) or more of its typical business days in the previous calendar year.
(c) An individual who does not have an election of continuation coverage in effect on February 17, 2009, but who would be an assistance eligible individual if such election were in effect, may elect continuation coverage pursuant to this section. Such election shall be made no later than sixty days after the date the administrator of the group health plan (or other entity involved) provides the notice required by section 3001(a)(7) of the American Recovery and Reinvestment Act of 2009. The administrator of the group health plan (or other entity involved) shall provide such individuals with additional notice of the right to elect coverage pursuant to this subsection prior to April 18, 2009.
(d) Continuation coverage elected pursuant to subsection (c) of this section shall commence with the first period of coverage beginning on or after February 17, 2009: Provided, That continuation coverage elected pursuant to this subsection shall not extend beyond the maximum eighteen-month period provided for by subsection (e), section three of this article.
(e) With respect to an individual who elects continuation coverage pursuant to subsection (b) of this section, the period beginning on the date of the involuntary termination and ending on the date of the first period of coverage on or after February 17, 2009, shall be disregarded for purposes of determining the sixty-three day period referred to in subsection (b), section three-m of this article."
And.
"ARTICLE 16F. WEST VIRGINIA AFFORDABLE HEALTH CARE PLAN.
§33-16F-1. Legislative intent.

The Legislature finds that the inability of a significant number of state residents to obtain affordable health insurance coverage adversely affects everyone in our state. Therefore, it is the intent of the Legislature to expand the availability of health care options for uninsured residents by developing affordable health care products that emphasize coverage for basic and preventive health care services, provide inpatient hospital and emergency care services and offer optional catastrophic coverage.
§33-16F-2. Definitions.
As used in this article:
'West Virginia affordable health care plan' means a health insurance plan approved under this article.
'West Virginia affordable health care plan entity' or 'plan entity' means an entity licensed under this chapter that develops and proposes a West Virginia affordable health care plan and, if the plan is approved, is responsible for administering the plan and paying claims of plan enrollees.
'Enrollee' means an individual who has been determined to be eligible for and is receiving health insurance coverage under a West Virginia affordable health care plan.
§33-16F-3. Plan proposals; approval of plans.
(a) The commissioner shall announce, no later than July 1, 2009, an invitation to prospective West Virginia affordable health care plan entities to submit West Virginia affordable health care plan proposals. The invitation shall include guidelines for the review of West Virginia affordable health care plan applications, policies and associated rates.
(b) In reviewing proposals under this article, the commissioner shall consider the proposed plans' effectiveness in improving the health status of individuals, their impact on maintaining and improving health and their potential to reduce the unnecessary consumption of health care services.
§33-16F-4. Required plan provisions; grounds for disapproval; alternative plans.
(a) To be approved, plan entities must assure that each proposed plan will provide cost containment through the use of plan design features such as limits on the number of services, caps on benefit payments or co-payments for services.
(b) To provide consumer choice, plan entities must develop and submit two alternative benefit option plans having different cost and benefit levels, including at least one plan that provides catastrophic coverage. Plans providing catastrophic coverage must, at a minimum, provide coverage for preventive health services and inpatient hospital stays and may also include coverage of one or more of the following: Hospital emergency care services and outpatient facility services; outpatient surgery; or outpatient diagnostic services.
(c) All plans must offer prescription drug benefit coverage.
(d) Plan enrollment materials must provide information in plain language on policy benefit coverage, benefit limits, cost-sharing requirements, exclusions and a clear representation of what is not covered in the plan. The enrollment materials must include a standard disclosure form developed by the commissioner that must be reviewed and executed by all consumers purchasing West Virginia affordable health care plan coverage.
(e) The commissioner shall disapprove any plan that:
(1) Contains any ambiguous, inconsistent or misleading provisions or any exceptions or conditions that deceptively affect or limit the benefits purported to be assumed in the general coverage provided by the plan;
(2) Provides benefits that are unreasonable in relation to the premium charged; or
(3) Contains provisions that are unfair or inequitable, contrary to the public policy of this state, encourage misrepresentation or result in unfair discrimination in sales practices.
§33-16F-5. Eligibility of individuals and groups.
(a) Individuals. -- Eligibility to enroll in an individual West Virginia affordable health care plan is limited to any resident of this state who:
(1) Is not covered by a private insurance policy and is not eligible for coverage under an employer-sponsored group plan or through a public health insurance program, such as Medicare, Medicaid or the state Children's Health Insurance Program; and
(2) Has not been covered by any health insurance program at any time during the past six months, unless coverage under a health insurance program was terminated within the previous six months due to loss of a job that provided an employer-sponsored health benefit plan or death of, or divorce from, a spouse who was provided an employer-sponsored health benefit plan or, with respect to a public health insurance program, eligibility for such program was lost due to an inability to meet income or categorical requirements: Provided, That an individual may not be excluded from enrollment in a West Virginia affordable health care plan on the ground that he or she is eligible for or is enrolled in a COBRA plan.
(b) Group. -- An otherwise eligible group may not obtain coverage under a West Virginia affordable health care plan unless the group has not had coverage under any health insurance plan at any time during the previous six months.
§33-16F-6. Regulation and marketing of plans.
(a) The commissioner shall issue guidelines to ensure that West Virginia affordable health care plans meet minimum standards for quality of and access to care.
(b) Initial filings and changes in West Virginia affordable health care plan benefits, premiums and policy forms are subject to regulatory oversight by the commissioner.
(c) The commissioner shall develop a public awareness program to be implemented throughout the state for the promotion of the plans approved under this article, which may include assistance from state health insurance benefits advisors.
(d) Each West Virginia affordable health care plan must maintain enrollment data and provide network data and reasonable records to enable the commissioner to assess the plans.
§33-16F-7. Applicability of certain provisions; commissioner's authority to forbear from applying certain provisions.

(a) Individual plans. -- Only the following provisions of article fifteen of this chapter apply to West Virginia entities offering individual plans pursuant to this article: Sections two-a, two-d, two-e, three, four, four-c, four-e, four-f, four-g, five, six, seven, eight, nine, thirteen, fourteen, sixteen, seventeen, eighteen, nineteen and twenty. Notwithstanding any other provision of this code, the provisions of article twenty-eight of this chapter and legislative rules regulating individual accident and sickness policies, including the rule contained in series 12, title 114 of the West Virginia Code of State Rules, do not apply to individual plans issued pursuant to this article unless and to the extent specifically incorporated in rules promulgated pursuant to the authority conferred by section eleven of this article.
(b) Group plans. -- Only the following provisions of article sixteen of this chapter apply to insurers offering group plans pursuant to this article: Sections one-a, three, three-g, three-j, three-k, three-l, three-m, three-n, three-o, three-p, four, five, six, seven, nine, ten, eleven, twelve, thirteen, fourteen and fifteen; all other provisions of article sixteen do not apply to group plans approved pursuant to this article unless and to the extent the provisions are specifically incorporated in rules promulgated by the commissioner. Notwithstanding any other provision of this code or of the code of state rules, the provisions of article sixteen-e of this chapter and of legislative rules regulating group accident and sickness policies, including the rule set forth in series 39, title 114 of the West Virginia Code of State Rules, do not apply to group plans approved pursuant to this article unless and to the extent specifically incorporated in rules promulgated by the commissioner pursuant to the authority conferred by section eleven of this article.
(c) Small group plans. -- With respect to any group plan approved under this article and offered to any 'small employer', as that term is defined in section two, article sixteen-d of this chapter, the following provisions of article sixteen-d apply: Sections two, four, seven, eight, twelve, thirteen and fourteen: Provided, That only the sentence preceding the proviso in section thirteen, article sixteen-d of this chapter applies to small employer plans approved pursuant to this article. Notwithstanding any other provision of this code, all other provisions of article sixteen-d of this chapter do not apply to small employer plans approved pursuant to this article unless and to the extent such provisions are specifically incorporated in rules promulgated by the commissioner.
(d) Forbearance by the commissioner. -- The commissioner may forbear from applying any other statutory or regulatory requirements to an insurer offering an individual or group plan approved pursuant to this article, including any requirements in articles twenty-four and twenty-five-a of this chapter, if he or she determines that such forbearance serves the principles set forth in section one of this article.
(e) Existing limited benefit plans. -- Plans approved pursuant to the provisions of article fifteen-d of this chapter, as that article existed prior to its repeal during the 2009 regular legislative session, and this article, as that it existed prior to its amendment and reenactment during the 2009 regular legislative session, remain in effect and are subject to those provisions.
§33-16F-8. Assessment of the West Virginia program.
The commissioner shall:
(1) Provide an assessment of the West Virginia affordable health care plans and their potential applicability in other settings;
(2) Use West Virginia affordable health care plans to gather more information to evaluate low-income, consumer-driven benefit packages; and
(3) Submit by March 1, 2011, and annually thereafter, a report to the Governor, the President of the Senate and the Speaker of the House of Delegates that provides the information specified in this section and recommendations relating to the successful implementation and administration of the program.
§33-16F-9. Nonentitlement.
Coverage under a West Virginia affordable health care plan is not an entitlement and a cause of action does not arise against the state, a local government entity, any other political subdivision of the state or any agency for failure to make coverage available to eligible persons under this article.
§33-16F-10. Emergency and legislative rules authorized.
The commissioner may promulgate emergency and legislative rules under the provisions of article three, chapter twenty-nine-a of this code, to prescribe requirements regarding rate making, which may include rules establishing loss ratio standards for the plans; to place limitations on eligibility for coverage under the approved plans; to establish standards to determine whether a plan qualifies as creditable coverage; to determine what medical treatments, procedures and related health services benefits must be included in the plans; and to provide for any other matters deemed necessary to further the intent of this article."
The bill was then ordered to third reading.
Com. Sub. for S. B. 575, Relating to gaming operations at historic resort hotel; on second reading, coming up in regular order, was read a second time.
At the request of Delegate Boggs, and by unanimous consent, the bill (Com. Sub. for S. B. 575) was advanced to third reading with the amendments pending and an accompanying Minority Report.
Com. Sub. for S. B. 613, Clarifying coalbed methane notice requirements; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk on page one, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following language:
"ARTICLE 21. COALBED METHANE WELLS AND UNITS.
§22-21-6. Permit required for coalbed methane well; permit fee; application; soil erosion control plan; penalties.

(a) It is unlawful for any person to commence, operate, deepen or stimulate any coalbed methane well, to conduct any horizontal drilling of a well commenced from the surface for the purpose of commercial production of coalbed methane or to convert any existing well, vent hole or other hole to a coalbed methane well, including in any case site preparation work which involves any disturbance of land, without first securing from the chief a permit pursuant to this article.
(b) Every permit application filed under this section shall be verified and shall contain the following:
(1) The names and addresses of: (i) The well operator; (ii) the agent required to be designated under subsection (e) of this section; and (iii) every person or entity whom the applicant must notify under any section nine of this article;
(2) The name and address of each coal operator of record and each coal owner of record or providing a record declaration of notice pursuant to section thirty-six, article six of this chapter of any coal seam which is: (i) To be penetrated by a proposed well; (ii) within seven hundred fifty horizontal feet of any portion of the proposed well bore; or (iii) within one hundred vertical feet of the designated completion coal seams of to be stimulated in the proposed well, except that in the case of an application to convert a ventilation hole to a gob well, the name and address only of such owner or operator of the seams to be penetrated by a proposed well shall be necessary;
(3) The well name or such other identification as the chief may require;
(4) The approximate depth to which the well is to be drilled, deepened or converted, the coal seams (stating the depth and thickness of each seam) in which the well will be completed for production and any other coal seams (including the depth and thickness of each seam) which will be penetrated by the well;
(5) A description of any means to be used to stimulate the well;
(6) If the proposed well will require casing or tubing to be set, the entire casing program for the well, including the size of each string of pipe, the starting point and depth to which each string is to be set and the extent to which each such string is to be cemented;
(7) If the proposed operation is to convert an existing well, as defined in section one, article six of this chapter, or to convert a vertical ventilation hole to a coalbed methane well, all information required by this section, all formations from which production is anticipated and any plans to plug any portion of the well;
(8) Except for a gob well or vent hole proposed to be converted to a well, if the proposed coalbed methane well will be completed in some but not all coal seams for production, a plan and design for the well which will protect all workable coal seams which will be penetrated by the well;
(9) If the proposed operations will include horizontal drilling of a well commenced on the surface, a description of such operations, including both the vertical and horizontal alignment and extent of the well from the surface to total depth;
(10) Any other relevant information which the chief may require by rule.
(c) Each application for a coalbed methane well permit shall be accompanied by the following:
(1) The applicable bond prescribed by section eight of this article;
(2) A permit application fee of $650;
(3) The erosion and sediment control plan required under subsection (d) of this section;
(4) The consent and agreement of the coal owner as required by section seven and, if applicable, section twenty of this article;
(5) A plat prepared by a licensed land surveyor or registered engineer showing the district and county in which the drill site is located, the name of the surface owner of the drill site tract, the acreage of the same, the names of the surface owners of adjacent tracts, the names of all coal owners underlying the drill site tract, the proposed or actual location of the well determined by a survey, the courses and distances of such location from two permanent points or landmarks on said tract, the location of any other existing or permitted coalbed methane well or any oil or gas well located within two thousand five hundred feet of the drill site, the number to be given the coalbed methane well, the proposed date for completion of drilling, the proposed date for any stimulation of the well and, if horizontal drilling of a well commenced on the surface is proposed, the vertical and horizontal alignment and extent of the well;
(6) A certificate by the applicant that the notice requirements of section nine of this article have been satisfied by the applicant. Such certification may be by affidavit of personal service, or the return receipt card, or other postal receipt, for certified mailing.
(d) An erosion and sediment control plan shall accompany each application for a permit. Such plan shall contain methods of stabilization and drainage, including a map of the project area indicating the amount of acreage disturbed. The erosion and sediment control plan shall meet the minimum requirements of the West Virginia erosion and sediment control manual as adopted and, from time to time, amended by the Office of Oil and Gas in consultation with the several soil conservation districts pursuant to the control program established in this state through Section 208 of the federal Water Pollution Control Act Amendments of 1972 [33 U. S. C. 1288]. The erosion and sediment control plan shall become part of the terms and conditions of a permit and the provisions of the plan shall be carried out where applicable in operations under the permit. The erosion and sediment control plan shall set out the proposed method of reclamation which shall comply with the requirements of section thirty, article six of this chapter.
(e) The well operator named in such application shall designate the name and address of an agent for such operator who shall be the attorney-in-fact for the operator and who shall be a resident of the State of West Virginia, upon whom notices, orders or other communications issued pursuant to this article may be served, and upon whom process may be served. Every well operator required to designate an agent under this section shall within five days after the termination of such designation notify the office of such termination and designate a new agent.
(f) The well owner or operator shall install the permit number as issued by the chief in a legible and permanent manner to the well upon completion of any permitted work. The dimensions, specifications and manner of installation shall be in accordance with the rules of the chief.
(g) The chief shall deny the issuance of a permit if he or she determines that the applicant has committed a substantial violation of a previously issued permit, including the erosion and sediment control plan, or a substantial violation of one or more of the rules promulgated hereunder, and has failed to abate or seek review of the violation. In the event that the chief finds that a substantial violation has occurred with respect to existing operations and that the operator has failed to abate or seek review of the violation in the time prescribed, he or she may suspend the permit on which said violation exists, after which suspension the operator shall forthwith cease all work being conducted under the permit until the chief reinstates the permit, at which time the work may be continued. The chief shall make written findings of any such determination made by him or her and may enforce the same in the circuit courts of this state and the operator may appeal such suspension pursuant to the provisions of section twenty-five of this article. The chief shall make a written finding of any such determination.
(h) Any person who violates any provision of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $5,000 or be imprisoned confined in the county jail not more than twelve months one year, or both fined and imprisoned confined.
§22-21-15. Drilling units and pooling of interests.
(a) In the absence of a voluntary agreement, an operator, owner or other party claiming an ownership interest in the coalbed methane may file an application with the chief to pool: (i) Separately owned interests in a single tract; (ii) separately owned tracts; (iii) separately owned interests in any tract; and (iv) any combination of (i), (ii) and (iii) to form a drilling unit for the production of coalbed methane from one or more coalbed methane wells.
(b) The application for a drilling unit may accompany the application for a permit for a coalbed methane well or be filed as a supplement to the permit application. Such application shall be verified by the applicant and contain the following information for the proposed unit:
(1) The identity of each well and operator as set out in the well permit application;
(2) Each well number, if one has been assigned;
(3) The acreage of the proposed unit, the identity and acreage of each separate tract to be included in the proposed unit and, where parts of tracts are included, the acreage of such parts;
(4) The district and county in which the unit is located;
(5) The names and addresses of the owners of the coal and coalbed methane underlying each separate tract, or the portion thereof which is to be included in the unit, any lessees or operators thereof, any coalbed methane owners not otherwise named, and any other claimants thereto all persons to whom notice must be provided under subsection (a), section sixteen of this article, known to the applicant. When any coal seam is separately owned, the list of names shall identify such separate ownership giving the names of the separately owned seams;
(6) A statement describing the actions taken by the applicant to obtain a voluntary agreement from each interest owner or claimant named in the application to whom notice must be provided under subsection (a), section sixteen of this article or any other owner or claimant who has notified the applicant of a claim from which agreement has not been obtained;
(7) Other pertinent and relevant information as the chief may prescribe by rules.
(c) The application for a drilling unit shall be accompanied with the following:
(1) A plat prepared by a licensed land surveyor or registered professional engineer showing the location of the coalbed methane well or wells, or proposed well or wells, the boundary and acreage of the proposed drilling unit, the boundary and acreage of each tract contained in the unit and, where parts of tracts are included, the boundary and acreage of such parts, a name identification of each tract and the district and county in which the unit is located. All boundaries must be shown with courses and distances;
(2) A permit application fee of $250;
(3) A certificate by the applicant that the notice requirements of section sixteen of this article were satisfied by the applicant. Such certification may be by affidavit of personal service, or the return receipt card, or other postal receipt, for certified mailing;
(4) An estimate of the cost, or the actual cost if known, of drilling, completing and equipping, operating, plugging and abandoning any well or wells in the proposed unit.
§22-21-16. Notice to owners.
(a) At least thirty days prior to the date set for hearing under section seventeen of this article, the applicant shall deliver by personal service or by certified mail, return receipt requested, notice to the following:
(1) Each coal owner of record and coal operator of record of any coal seam underlying any tract or portion thereof which is proposed to be included in the unit;
(2) Each owner and lessee of record and each operator of natural gas surrounding the well bore and existing in formations above the top of the uppermost member of the "Onondaga Group" or at a depth less than six thousand feet, whichever is shallower. Notices to gas operators shall be sufficient if served upon the agent of record with the Office of Oil and Gas;
(3) Any coalbed methane owner to the extent not otherwise named which interest arises from a deed, lease, contract, will, inheritance or other instrument of record wherein a person or entity identified in subdivision (1) or (2), subsection (a), or the predecessor in title to such person or entity, expressly granted, leased, reserved or conveyed coalbed methane; and
(4) Any other person or entity known to the operator to have an interest in the coal or coalbed methane.
(b) At least thirty days prior to the date set for the hearing under section seventeen of this article, the applicant shall publish a notice by a Class II legal advertisement in the county or counties in which the well unit is to be located. The legal advertisement shall contain the information required by subsection (c) and any other information as the chief shall prescribe by rule.
(c)
The notice required by subsection (a) of this section shall specify a time and place for a conference and a hearing on this application, shall advise the persons notified that the applicant has filed an application for a drilling unit for the production of coalbed methane, that they may be present and object or offer comments to the formation of the proposed unit and shall be accompanied with copies of: (i) The permit application for the coalbed methane well; (ii) the permit application for the drilling unit; and (iii) the plat of the drilling unit. However, in the case of the notice required by subsection (b), only the address of where an interested party can obtain such copies is required to be published.
(d) Notice by the applicant to all persons to whom notice must be provided under subsection (a) shall be deemed to include, and shall be deemed to be sufficient notice to, all potential claimants to ownership of the coalbed methane.
§22-21-17. Review of application; hearing; pooling order; spacing; operator; elections; working interests, royalty interests, carried interests, escrow account for conflicting claims, division order.

(a) Prior to the time fixed for a hearing under subsection (b) of this section, the board shall also set a time and place for a conference between the proposed applicant to operate a coalbed methane drilling unit and all persons identified in the application as having an interest in the coalbed methane or being a claimant if such interests are disputed, to whom notice has been given under subsection (a), section sixteen of this article who have not entered into a voluntary agreement. At such conference the applicant and such other persons present or represented having an interest in the proposed unit shall be given an opportunity to enter into voluntary agreements for the development of the unit upon reasonable terms and conditions.
No order may be issued by the board as to any unit unless the applicant submits at the hearing a verified statement setting forth the results of the conference. If agreement is reached with all parties to the conference, the board shall find the unit is a voluntary unit and issue an order consistent with such finding.
(b) The review board shall, upon request of a proposed applicant for a drilling unit or upon request of a coal owner or operator, provide a convenient date and time for a hearing on the application for a drilling unit, which hearing date shall be no sooner than thirty-five days nor more than sixty days of the date the request for hearing is made. The review board shall review the application and on the date specified for a hearing shall conduct a public hearing. The review board shall take evidence, making a record thereof and consider:
(1) The area which may be drained efficiently and economically by the proposed coalbed methane well or wells;
(2) The plan of development of the coal and the need for proper ventilation of any mines or degasification of any affected coal seams;
(3) The nature and character of any coal seam or seams which will be affected by the coalbed methane well or wells;
(4) The surface topography and property lines of the lands underlaid by the coal seams to be included in the unit;
(5) Evidence relevant to the proper boundary of the drilling unit;
(6) The nature and extent of ownership of each coalbed methane owner or claimant and whether conflicting claims exist;
(7) Whether the applicant for the drilling unit proposes to be the operator of the coalbed methane well or wells within the unit; and if so, whether such applicant has a lease or other agreement from the owners or claimants of a majority interest in the proposed drilling unit;
(8) Whether a disagreement exists among the coalbed methane owners or claimants over the designation of the operator for any coalbed methane wells within the unit and, if so, relevant evidence to determine which operator can properly and efficiently develop the coalbed methane within the unit for the benefit of the majority of the coalbed methane owners;
(9) If more than one person is interested in operating a well within the unit, the estimated cost submitted by each such person for drilling, completing, operating and marketing the coalbed methane from any proposed well or wells; and
(10) Any other available geological or scientific data pertaining to the pool which is proposed to be developed.
(c) The review board shall take into account the evidence introduced, comments received and any objections at the hearing, and if satisfied that a drilling unit should not be established, shall enter an order denying the application. If the review board is satisfied that a drilling unit should be established, it shall enter a pooling order establishing a drilling unit. Such pooling order shall:
(1) Establish the boundary of the proposed unit, making such adjustment in the boundary as is just;
(2) Authorize the drilling and operation of a coalbed methane well or wells for production of coalbed methane from the pooled acreage;
(3) Establish minimum distances for any wells in the unit and for other wells which would drain the pooled acreage;
(4) Designate the operator who will be authorized to drill, complete and operate any well or wells in the unit;
(5) Establish a reasonable fee for the operator for operating costs, which shall include routine maintenance of the well and all accounting necessary to pay all expenses, royalties and amounts due working interest owners;
(6) Such other findings and provisions as are appropriate for each order.
(d) The operator designated in such order shall be responsible for drilling, completing, equipping, operating, plugging and abandoning the well, shall market all production therefrom, shall collect all proceeds therefor and shall distribute such proceeds in accordance with the division order issued by the review board.
(e) Upon issuance of the pooling order, the coalbed methane owners or any lessee of any such owners or any claimants thereto may make one of the following elections within thirty days after issuance of the order:
(1) An election to sell or lease its interest to the operator on such terms as the parties may agree, or if unable to agree, upon such terms as are set forth by the board in its order;
(2) An election to become a working interest owner by participating in the risk and cost of the well; or
(3) An election to participate in the operation of the well as a carried interest owner.
Any entity which does not make an election within said thirty days prescribed herein shall be deemed to have elected to sell or lease under subdivision (1) of this subsection.
(f) The working interest in the well shall include: (i) The right to participate in decisions regarding expenditures in excess of operating costs, taxes, any royalties in excess of one-eighth, and other costs and expenses allowed in the pooling order; and (ii) the obligation to pay for all expenditures. The working interest shall exist in; (i) All well operators and owners who participate in the risk and cost of drilling and completing the well; and (ii) carried interest owners after recoupment provided in subsection (h) of this section. The working interest owners' net revenue share shall be seven eighths of the proceeds of sales of coalbed methane at the wellhead after deduction of operating costs, taxes, any royalties in excess of one-eighth and other costs and expenses allowed in a pooling order. Unless the working interest owners otherwise agree, the working interest owners shall share in all costs and decisions in proportion to their ownership interest in the unit. If any working interest owner deposits or contributes amounts in the escrow account which exceed actual costs, such owner shall be entitled to a refund; and if amounts deposited or contributed are less than actual costs, such owner shall make a deposit or contribution for the deficiency.
(g) The royalty interest in a well shall include the right to receive one eighth of the gross proceeds resulting from the sale of methane at the wellhead and such interest shall exist in the coalbed methane owners: Provided, That any coalbed methane owner who in good faith has entered a lease or other contract prior to receiving notice of an application to form the drilling unit as provided herein shall be entitled to such owner's fractional interest in the royalty calculated at a rate provided for in such contract. Each such owner shall be entitled to share in the royalty in proportion to his or her fractional interest in the unit.
(h) Where a coalbed methane owner elects to become a carried interest owner, such owner shall be entitled to his or her proportionate share of the working interest after the other working interest owners have recouped three hundred percent of the reasonable capital costs of the well or wells, including drilling, completing, equipping, plugging and abandoning and any further costs of reworking or other improvements of a capital nature.
(i) Each pooling order issued shall provide for the establishment of an escrow account into which the payment of costs and proceeds attributable to any conflicting interests shall be deposited and held for the interest of the claimants as follows:
(1) Each participating working interest owner, except for the operator, shall deposit in the escrow account its proportionate share of the costs allocable to the ownership interest claimed by such working interest owner.
(2) The operator shall deposit in the escrow account all proceeds attributable to the conflicting interests of any coalbed methane owners who lease, or are deemed to have leased, their interest, plus all proceeds in excess of operational expenses, as allowed in the pooling order, attributable to the conflicting working and carried interest owners.
(j) After each coalbed methane owner has made, or has been deemed to have made, an election under subsection (e) of this section, the review board shall enter a division order which shall set out the net revenue interest of each working interest owner, including each carried interest owner and the royalty interest of each coalbed methane owner. Thereafter payments shall be made to working interest owners, carried interest owners and royalty interest owners in accordance with the division order, except that payments attributable to conflicting claims shall be deposited in the escrow account. The fractional interest of each owner shall be expressed as a decimal carried to the sixth place.
(k) Upon resolution of conflicting claims either by voluntary agreement of the parties or a final judicial determination, the review board shall enter a revised division order in accordance with such agreement or determination and all amounts in escrow shall be distributed as follows:
(1) Each legally entitled working interest owner shall receive its proportionate share of the proceeds attributable to the conflicting ownership interests;
(2) Each legally entitled carried interest owner shall receive its proportionate share of the proceeds attributable to the conflicting ownership interests, after recoupment of amounts provided in subsection (h) of this section;
(3) Each legally entitled entity leasing, or deemed to have leased, its coalbed methane shall receive a share of the royalty proceeds attributable to the conflicting interests; and
(4) The operator shall receive the costs contributed to the escrow account by each legally entitled participating working interest owner.
(l) The review board shall enact rules for the administration and protection of funds delivered to escrow accounts.
(m) No provision of this section or article shall obviate the requirement that the coal owner's consent and agreement be obtained prior to the issuance of a permit as required under section seven of this article."
On motion of Delegate Webster, the amendment was amended on page nine, section sixteen, line thirteen, after the semicolon by inserting the word "and".
On page nine, section sixteen, line nineteen, after the word "methane", by inserting a period and striking out the remainder of the subsection.
And,
On page ten, section sixteen, line fourteen, subsection (d), by striking out subsection (d) in its entirety and inserting in lieu thereof the following:
"(d) Notice by the applicant to all persons to whom notice must be provided under subsection (a) and notice by publication as provided by subsection (b) shall be deemed to include, and shall be deemed to be sufficient notice to, all potential claimants to ownership of the coalbed methane."
The Judiciary Committee amendment, as amended, was then adopted.
The bill was then ordered to third reading.
Com. Sub. for S. B. 641, Disclosing solid waste origins at commercial landfills; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 767, Relating to certain Medicaid program contracts; on second reading, coming up in regular order, was read a second time.
The Clerk reported an amendment offered by the Committee on Government Organization whereupon Delegate Morgan asked and obtained unanimous consent that the committee amendment be withdrawn.
On motion of Delegates Perdue and Morgan , the bill was amended on page two, after the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
"That §9-2-9 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that said code be amended by adding thereto a new section, designated §9-2-9a; and that §9-4-3 of said code be amended and reenacted, all to read as follows:
ARTICLE 2. DEPARTMENT OF HEALTH AND HUMAN RESOURCES, AND OFFICE OF COMMISSIONER OF HUMAN SERVICES; POWERS, DUTIES AND RESPONSIBILITIES GENERALLY.

§9-2-9. Secretary to develop Medicaid monitoring and case management.

(a) The Secretary of the Department of Health and Human Resources shall:
(1) Develop a managed care system to monitor the services provided by the Medicaid program to individual clients;
(2) Develop an independent referral service, including the review of individual cases for abuses of the program; and
(3) Develop a schedule for implementation of the managed care and independent referral system. The managed care system shall focus on, but not be limited to, the behavioral health and mental health services.
(b) In addition thereto, and in accordance with applicable federal Medicaid laws, the secretary shall prepare recommendations, to be submitted to the Joint Committee on Government and Finance. In developing recommendations the secretary shall consider as options the following:
(1) Review of Medicaid services which are optional under federal Medicaid law and identification of services to be retained, reduced or eliminated;
(2) The elimination, reduction or phase-out of: (i) Services which are not generally available to West Virginia citizens not covered under the state's Medicaid program; or (ii) services which are not generally covered under group policies of insurance made available to employees of employers within the state;
(3) The elimination or reduction of services, or reduction of provider reimbursement rates, for identified services of marginal utility;
(4) Higher reimbursement rates for primary and preventive care;
(5) Changes in fee structure, which may include a system of prospective payments, and may include establishment of global fees for identified services or diagnoses including maternity care;
(6) Utilization caps for certain health care procedures;
(7) Restriction of coverage for cosmetic procedures;
(8) Identification of excessive use of certain health care procedures by individuals and a policy to restrict excessive use;
(9) Identification of services which reduce the need for more costly options for necessary care and retention or expansion of those programs;
(10) Identification of services for which preauthorization is a requirement for Medicaid reimbursement;
(11) Recommendations relating to the development of a demonstration project on long-term care, which demonstration project may be limited to patients with Alzheimer's Disease;
(12) A policy concerning the department's procedures for compliance, monitoring and inspection; and
(13) Such other options as may be developed.
(c) The secretary shall utilize in-state health care facilities for inpatient treatment when such facilities are available. Prior authorization, consistent with applicable federal law, shall be required for out-of-state inpatient treatment.
(d) The secretary shall report to the Joint Committee on Government and Finance on the development and implementation of Medicaid programs that provide incentives to working persons. The secretary shall consider: Subsidies for low income working persons; individual or small employer buy-ins to the State Medicaid Fund; prospective payment systems for primary care physicians in underserved areas; and a system to improve monitoring of collections, expenditures, service delivery and utilization.
(e) The secretary shall report quarterly to the Joint Committee on Government and Finance regarding provider and facility compliance with federal and state Medicaid laws, including, but not limited to, the following: The number of inspections conducted during the previous quarter; description of programs, services and facilities reviewed; findings; and recommendations for corrections.
(f) The secretary shall, upon federal certification of the claims management system, ensure that the claims management system processing Medicaid claims provides:
(1) Detailed quarterly financial reports to the Legislative Oversight Commission on Health and Human Resources Accountability;
(2) A management reporting system no later than July 1, 2006; and
(3) Specific utilization data by provider, member eligibility groups and service no later than October 1, 2006.
(g) The secretary shall provide public notice of any proposed amendment to the state plan for Medicaid or proposed changes to the reimbursement schedule for Medicaid. The notice shall be filed with the Secretary of State, for publication in the State Register, including the text of the proposed amendment and a fiscal note. The notice shall fix a date, time and place for the receipt of public comment in the form of written statements and any relevant documents. The proposed amendment may not be filed for federal approval until after the close of a thirty day public comment period. If the Secretary of the Department of Health and Human Resources determines a submission or amendment of a proposed amendment to the state plan for Medicaid or proposed changes to the reimbursement schedule for Medicaid will have a substantial impact on services, on benefits, or on payments to providers he or she may, solely at his or her discretion, convene a public hearing. When rules are necessary to conform to changes in state or federal law where no agency discretion as to the substance of the rule is involved, then the provisions of this subsection shall not apply. However, if the Department of Health and Human Resources finds an emergency exists requiring that emergency rules be promulgated earlier than this subsection would permit, then such emergency rules together with a statement of the circumstances constituting the emergency shall be filed with the Secretary of State and a notice of such filing shall be published in the State Register. Such emergency rules shall become effective upon the approval of the Secretary of State in accordance with section fifteen-a, article three, chapter twenty-nine-a of this code, but promulgation of such emergency rules shall not otherwise waive the department's obligation to comply with this subsection.
§9-2-9a. Contract procedure for the Medicaid program.
(a) The secretary is authorized to execute a contract to implement professional health care, managed care, actuarial and health care-related monitoring, quality review/utilization, claims processing and independent professional consultant contracts for the Medicaid program.
(b) The provisions of article three, chapter five-a of this code do not apply to contracts set out in subsection (a) of this section:
Provided, That the secretary shall comply with the requirements set forth in this section.
(c) The secretary shall develop procedures and requirements for competitive bidding and the awarding of contracts set out in subsection (a) of this section, which procedures and requirements shall include, but are not limited to, the following:
(1) Submitting public notice bids;
(2) The general terms and conditions for the contract;
(3) Awarding contracts; and
(4) The description of the commodities and services required for the contract, stated with sufficient clarity to assure that there is a comprehensive understanding of the contact's scope and requirements; and
(5) Contract management procedures which will ensure the assessment of contractor performance and compliance with contract requirements on a regular basis as appropriate for the specific contract, and no less frequently than on an annual basis for any contract awarded pursuant to the provisions of this section.
(d) The awarding of the contract may be based on:
(1) Best value;
(2) Low bid;
(3) Sole source; or
(4) Any other basis the secretary chooses to award or reject the bid:
Provided, That the secretary shall document the basis of any decision made pursuant to the provisions of this subsection.
(e) The secretary may employ the services of independent professional consultants to assist in preparing solicitations or for the evaluation of any responses to such solicitations:
Provided, That the independent professional consultant, or member of his or her immediate family, or business with which he or she is associated, may not have any interest in the profits or benefits of the contract for which he or she may participate in the preparation of the solicitation or in the evaluation of the response.
(f) The secretary may terminate any contract with thirty days' prior written notice.
ARTICLE 4. STATE ADVISORY BOARD; MEDICAL SERVICES FUND; ADVISORY COUNCIL; GENERAL RELIEF FUND.

§9-4-3. Advisory council.
The advisory council, created by chapter one hundred forty-three, Acts of the Legislature, regular session, 1953, as an advisory body to the State Medicaid Agency with respect to the medical services fund and disbursements therefrom and to advise about health and medical services, is continued so long as the medical services fund remains in existence, and thereafter so long as the State Medicaid Agency considers the advisory council to be necessary or desirable, and it is organized as provided by this section and applicable federal law and has those advisory powers and duties as are granted and imposed by this section and elsewhere by law: Provided, That the continuation of the advisory council is subject to a preliminary performance review pursuant to the provisions of article ten, chapter four of this code, evaluating the effectiveness and efficiency of the advisory council, to be conducted during the interim of the Legislature in the year 2006 by the Joint Committee on Government Operations.
The term of office of those members serving on the advisory council, on the effective date of the amendments made to this section by the Legislature during its regular session in the year 1998, shall continue until they are reappointed or replaced in accordance with the provisions of this section.
The advisory council shall consist of not less than nine members, nor more than thirteen 15 members, all but two four of whom shall be appointed by the State Medicaid Agency and serve until replaced or reappointed on a rotating basis. The heads of the Public Health and Public Welfare Agencies Bureau of Public Health and Bureau for Medical Services are members ex officio. The cochairs of the Legislative Oversight Commission on Health and Human Resources Accountability, or their designees, are nonvoting ex officio members. The remaining members comprising the council consist of a person of recognized ability in the field of medicine and surgery with respect to whose appointment the State Medical Association shall be afforded the opportunity of making nomination of three qualified persons, one member shall be a person of recognized ability in the field of dentistry with respect to whose appointment the State Dental Association shall be afforded the opportunity of nominating three qualified persons, and the remaining members shall be chosen from persons of recognized ability in the fields of hospital administration, nursing and allied professions and from consumers groups, including Medicaid recipients, members of the West Virginia Directors of Senior and Community Services, Labor Unions, Cooperatives and Consumer-sponsored Prepaid Group Practices Plans.
The council shall meet on call of the state Medicaid Agency.
Each member of the advisory council shall receive reimbursement for reasonable and necessary travel expenses for each day actually served in attendance at meetings of the council in accordance with the state's travel regulations. Requisitions for the expenses shall be accompanied by an itemized statement, which shall be filed with the Auditor and preserved as a public record.
The advisory council shall assist the State Medicaid Agency in the establishment of rules, standards and bylaws necessary to carry out the provisions of this section and shall serve as consultants to the State Medicaid Agency in carrying out the provisions 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. 99, Sentencing discretion for certain youthful offenders,
Com. Sub. for S. B. 246, Relating to unemployment compensation generally,
Com. Sub. for S. B. 249, Relating to annual school calendar,
Com. Sub. for S. B. 258, Clarifying local fiscal bodies cannot be held liable for certain deficits,
Com. Sub. for S. B. 279, Relating to industrial accidents and emergency response regulations,
Com. Sub. for S. B. 280, Creating Correctional Industries Act of 2009,
Com. Sub. for S. B. 293, Creating felony offense of unauthorized practice of certain health care professions,
Com. Sub. for S. B. 297, Creating Alternative and Renewable Energy Portfolio Act,
S. B. 302, Expanding municipal parking authority officers' ticketing powers,
S. B. 306, Increasing pipeline companies' special license fees to Public Service Commission,
Com. Sub. for S. B. 318, Expanding Division of Protective Services' law-enforcement authority over state property under certain circumstances,
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. 373, Relating to PROMISE Scholarship,
Com. Sub. for S. B. 375, Relating to Office of Coalfield Community Development master land use plans,
Com. Sub. for S. B. 398, Imposing certain restrictions on graduated driver's licenses,
Com. Sub. for S. B. 414, Relating to Pharmaceutical Cost Management Council and health care delivery systems,
Com. Sub. for S. B. 439, Permitting State Police Superintendent consult with Insurance Commissioner,
Com. Sub. for S. B. 440, Increasing county litter control officers' authority,
Com. Sub. for S. B. 451, Relating to crime victims' compensation awards,
S. B. 452, Relating to Public Employees Insurance Agency underwriting nonstate employer groups,
Com. Sub. for S. B. 456, Creating Reduced Cigarette Ignition Propensity Standard and Fire Prevention Act,
Com. Sub. for S. B. 461, Extending selenium effluent limits compliance time,
Com. Sub. for S. B. 472, Revising certain outdoor advertising restrictions,
Com. Sub. for S. B. 484, Relating to ad valorem property taxes,
S. B. 492, Clarifying certain Public Employees Insurance Agency retirement requirements,
Com. Sub. for S. B. 498, Relating to early childhood education,
S. B. 515, Creating Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act,
Com. Sub. for S. B. 533, Updating terms in consumers sales and service tax,
Com. Sub. for S. B. 534, Authorizing Chief Technology Officer obtain certain confidential information,
Com. Sub. for S. B. 537, Relating to workers' compensation,
Com. Sub. for S. B. 540, Clarifying certain Tax Commissioner's authorities,
S. B. 556, Relating to defensive driving course points deduction,
Com. Sub. for S. B. 561, Requiring county land surveyors be licensed,
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. 702, Changing workers' compensation purchase date deadline for governmental entities,
Com. Sub. for S. B. 706, Creating State Police leave donation program,
Com. Sub. for S. B. 714, Relating to alternative sentencing programs,
Com. Sub. for S. B. 715, Establishing Chesapeake Bay Restoration Initiative,
Com. Sub. for S. B. 724, Relating to health care provider tax,
S. B. 756, Increasing military facilities security guards' patrol areas,
And,
S. B. 763, Clarifying Racing Commission's authority over certain thoroughbred race horses' registration.
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

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. 43, The "Vietnam Veterans Highway",
H. C. R. 53, Requesting the Joint Committee on Government and Finance to conduct a study on identifying good perinatal health education models or developing models in West Virginia,
H. C. R. 54, The "Margarette Riggins Leach Memorial Roadway",
H. C. R. 70, Requesting that the Joint Committee on Government and Finance authorize a study of the law governing the West Virginia Board of Professional Engineers,
H. C. R. 71, Requesting that the Joint Committee on Government and Finance authorize a study of the law governing the West Virginia Board of Architects,
H. C. R. 72, Requesting that the Joint Committee on Government and Finance authorize a study of the law governing the West Virginia State Board of Pharmacy,
H. C. R. 73, Requesting that the Joint Committee on Government and Finance authorize a study on the West Virginia Board of Social Work Examiners,
H. C. R. 74, Requesting the Joint Committee on Government and Finance authorize a study of the feasibility of adopting a uniform lien filing system,
H. C. R. 83, Requesting that the Joint Committee on Government and Finance authorize a study of the law governing the West Virginia Board of Physical Therapy,
H. C. R. 84, Requesting that the Joint Committee on Government and Finance authorize a study on the Athletic Commission and the regulation of Mixed Martial Arts,
H. C. R. 86, Requesting that the Joint Committee on Government and Finance study the safety, conservation, and preservation of all statewide trails,
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,
H. R. 45, Commemorating the passing of William Henry File, Jr., gentleman, sailer, attorney, public servant, and a great asset to his country and his faith,
H. R. 49, Commemorating the life of the Honorable Charles Berkley Lilly, retired circuit court Judge, and former member of the House of Delegates,
S. C. R. 12, Requesting Division of Highways name bridge in Lesage "PVT Russell Curtis Knight Memorial Bridge",
S. C. R. 17, Requesting Division of Highways name bridge in Logan County "Marine Private Robert Clayton Stephenson Memorial Bridge",
S. C. R. 38, Requesting Division of Highways name Route 9 from Martinsburg to Berkeley Springs "Ray Johnston Memorial Highway",
And,
S. C. R. 46, Requesting Division of Highways name bridge in Braxton County "Harold V. Long Memorial Bridge",
And reports the same back with the recommendation that they each be adopted.
On motion for leave, resolutions were introduced (Originating in the Committee on Health and Human Resources and reported with the recommendation that they each be adopted,) which were read by their titles, as follows:
By Delegates Perdue, Hatfield, Lawrence, Manypenny, Moye, Perry, D. Poling, Rodighiero, Moore, Staggers, Fleischauer, Andes, Lane, C. Miller, J. Miller and Rowan:

H. C. R. 89 - "Requesting the Committee on Government and Finance to conduct a study on the status of oral health in West Virginia's rural communities."
Whereas, Oral health and dental care in West Virginia is the worst in the nation, resulting in needless pain and suffering; and
Whereas, According to 1995-1997 data published by the Center for Disease Control and Prevention in 1999, West Virginia ranked first among all the states in the percentage of people aged 65 and older who had lost all of their natural teeth at 47.9%; and
Whereas, Prevention, education and regular care are essential elements in oral health; and
Whereas, Only approximately one-half of all West Virginians obtain regular dental care - among persons having a low income, the proportion not receiving care is even higher; and
Whereas, In West Virginia, the dental decay index is fifty-nine percent higher than the national average for school-aged children; and
Whereas, Poor oral health remains a neglected West Virginia epidemic, especially in rural communities -- with 80% of dental caries in children in West Virginia being concentrated in just 25% of the child population; and
Whereas, Access to treatment remains a problem in many locations in the state among both children and adults. For those persons who are unable to afford dental care, who have limited or no dental insurance, and who are often at highest risk of oral diseases, there needs to be improved access to preventive and treatment services and removal of barriers to the dental care system; and
Whereas, More avenues of access for improved dental hygiene is needed in West Virginia to assure our citizens adequate oral care; therefore be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the status of oral health in West Virginia's rural communities; 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.
On motion for leave, a resolution was introduced (Originating in the Committee on Health and Human Resources and reported with the recommendation that it be adopted,) which was read by its title, as follows:
By Delegates Perdue, Hatfield, Lawrence, Manypenny, Moye, Perry, D. Poling, Rodighiero, Moore, Staggers, Fleischauer, Andes, Lane, C. Miller, J. Miller, Rowan:

H. C. R. 90 - "Requesting the Committee on Government and Finance to conduct a study on funding and improvement of community-based services and supports for individuals with disabilities."
Whereas, West Virginia seniors accounts for 69% of the population, the highest in the nation; and
Whereas, West Virginia also has the highest rate of disability in the nation at 23%; and
Whereas, 48% of senior citizens report having some type of disability; and
Whereas, West Virginia is in a critical position to respond to the growing elderly and disabled population in a timely manner to prevent a crisis in availability of services and to establish an efficient, high quality system; and
Whereas, There is a national movement to balance the long-term care system so that citizens have a choice in whether they live their lives in community-based programs or institutional programs; and
Whereas, An efficient and effective long-term care redistribution system supports four goals of long-term care: (1) Increasing the use of home and community-based services, rather than institutional care; (2) Eliminating barriers or mechanisms that prevent or restrict the flexible use of Medicaid funds to enable Medicaid-eligible people to receive needed supports in the most integrated setting; (3) Increasing the ability of the state's Medicaid program to assure continued home and community-based supports for people moving from an institutional setting or preventing institutionalization, and; (4) Ensuring that procedures are in place to provide quality assurance to participants and to provide for continuous quality improvement in services; and
Whereas, "Community-based services and supports" means services and supports designed to assist the consumer in accomplishing activities of daily living and health-related tasks in order to live in the most integrated setting; and
Whereas, It is of great importance that the array of services meets the needs of the citizens and have a degree of flexibility that is critical to meeting individual needs and desires; and
Whereas, The Olmstead decision requires a state to administer services, program and activities in the most integrated setting appropriate to the needs of the individual. The Olmstead Plan in West Virginia approved by executive order has some key elements that include: Informed choice, elimination of institutional bias, self direction which supports individuals making their own decisions rather than having decisions imposed on them by funding mechanisms or the delivery system, and quality; and
Whereas, West Virginia has made substantial efforts to improve long-term care systems and has created new programs in recent years to fill the gaps - - Yet there continues to be inconsistencies throughout the state in terms of availability of services, a lack of flexibility to create programs around the recipients needs and a lack of a seamless system of care; and
Whereas, The Legislature shall collaborate with Bureau of Senior Services, the Department of Health and Human Resources, the Olmstead Advisory Council, the American Association of Retired Persons, the Health Care Association, the Alzheimer's Association, the West Virginia Directors of Senior and Community Centers, the West Virginia Developmental Disabilities Council, the Fair Shake Network, the West Virginia Statewide Independent Living Council, the West Virginia Assisted Living Association and other entities to develop recommendations to improve community- based long-term services in order to permit older citizens and disabled citizens the ability to enjoy their lives in health, honor and dignity; therefore be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study funding sources and opportunities for community-based services and supports for individuals with disabilities and those who are aging and improving community-based long-term services; 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 Perdue, Hatfield, Lawrence, Manypenny, Moye, Perry, D. Poling, Rodighiero, Staggers, Moore, Andes, Lane, C. Miller, J. Miller and Rowan:

H. C. R. 91  - "Requesting the Joint Committee on Government and Finance to conduct a study on establishing a program to permit medicine aides who are certified to administer certain drugs in licensed nursing homes and other community locations."
Whereas, Nursing homes and adequate nursing home care are necessary components to the citizens of West Virginia; and
Whereas, West Virginia is a rapidly aging state; and
Whereas, Professional licensed nurses currently administer all medications to nursing home residents, often taking up much of their needed time and expertise; and
Whereas, More care and attention could be provided to nursing home residents by nurses should medicine be administered by certified medicine aides; and
Whereas, It is becoming more difficult to recruit and retain adequate nursing home nurses in these settings; and
Whereas, The provision of medication administration by medication aides in additional settings could provide flexibility to individuals with disabilities: and
Whereas, A certified medicine aide means a person who has been trained and certified by the appropriate authorizing agency, and has completed an authorizing agency approved course of study and training and has met any other requirements determined to be necessary; and
Whereas, The program shall be developed and conducted by the Legislature in cooperation with the appropriate agencies, advisory bodies and boards in determining recommendations and legislation effectuating this policy; and
Whereas, Such areas to be addressed shall be, but are not limited to: (1) qualifications of certified medicine aides; (2) instruction and training of certified medicine aides; (3) the establishment of training curricula and competence evaluations for certified medicine aides; (4) the development of an administrative monitoring system and inspections of facilities who permit certified medicine aides to administer medicine; (5) the setting and collecting of fees and (6) other environments in which medication aides could be used to provide medicaton in community settings and any training distinctions needed based on the location and (7) rulemaking; therefore be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study developing a program to permit medicine aides who are certified to administer certain drugs in licensed nursing homes and other settings in the community if determined appropriate; 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 Perdue, Hatfield, Lawrence, Manypenny, Moye, Perry, D. Poling, Rodighiero, Staggers, Fleischauer, Moore, Andes, Lane, C. Miller, J. Miller and Rowan:

H. C. R. 92 - "Requesting the Committee on Government and Finance to conduct a study on requiring the establishment of school-based health centers in new school constructions."
Whereas, School-based health centers (SBHC) are health clinics that bring preventative and immediate care to children and adolescents in West Virginia schools; and
Whereas, Other services include health education, treatment of acute illness, dental care and management of chronic illness - -with twenty-five SBHC's providing mental health services such as bullying, suicide prevention and grief counseling; and
Whereas, There are currently forty-eight SBHC's in twenty four counties in the state (most are sponsored as satellite clinics of community health centers with several other sites being sponsored by hospitals); and
Whereas, There have been over 67,000 student visits to SBHC's by 24,000 students recorded during the 2006-2007 school year,
Whereas, Studies by John Hopkins University and others show that SBHC's decrease absenteeism and tardiness; reduce behavior and discipline problems; and save money by reducing the number of emergency room visits; and
Whereas, SBHC's provide ample accessibility and cost-effective care, while also playing an active role in helping students become healthy learners placing essential services in the right environment, and are strongly supported by students, parents and school staff; and
Whereas, SBHC's work with, but do not replace the child's physician or school nurse and may serve as the child's medical home if needed; and
Whereas, Although each SBHC in West Virginia is unique, all share the following characteristics: (1) Are all located in schools or on school grounds; (2) Work cooperatively with school personnel to become an integral part of the school; (3) Provide a comprehensive range of services; (4) Provide services regardless of the student's financial situation; (5) Use a multi- disciplinary team of providers to provide care; (6) Provide medical services through a qualified health provider such as a community health center or a hospital; (7) Require parents to sign written consents for their children to receive services and (8) Have an advisory board consisting of community representatives, parents, youth, and family organizations, to provide planning and oversight; and
Whereas, Many schools without a SBHC would like to start a center and requests for new sites continue to increase from school nurses, community health centers and hospitals; and
Whereas, Under the current Education Policy 6200 "Handbook on Planning School Facilities" SBHC's are currently an optional service; and
Whereas, Representatives from the WV Department of Education, the WV School Building Authority, the Primary Care Association, the WV School-Based Health Assembly, local SBHC's or their sponsoring community health centers and other pertinent entities shall work conjunctively with the Legislature in providing input and recommendations into the development of this policy; 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 requiring all new school constructions to have school-based health centers; 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 Perdue, Hatfield, Lawrence, Manypenny, Moye, Perry, D. Poling, Rodighiero, Eldridge, Staggers, Fleischauer, Moore, Andes, Lane, C. Miller, J. Miller, Rowan:

H. C. R. 93 - "Requesting the Committee on Government and Finance to conduct a study on methadone treatment centers in West Virginia."
Whereas, There are currently nine private for-profit methadone treatment centers in West Virginia; and
Whereas, While methadone treatment for opioid addiction provides assistance to many individuals, as with any controlled substance, there is a risk of abuse with methadone; and Whereas, According to the Centers for Disease Control and Prevention, in 2005, there were 4,462 methadone deaths, representing a 468% increase in the number of deaths since 1998; and
Whereas, In West Virginia, there were approximately 120 methadone deaths in 2005, compared to just seven deaths in 1999; and
Whereas, Little research has been conducted on both the long-term effects of methadone use and the recidivism rate of those who relapse back into treatment, causing a "revolving door" effect; and
Whereas, In 2008, West Virginia established rules clarifying opioid treatment services and set forth minimal standards for State approval of opioid treatment providers; and
Whereas, A study should be initiated to provide additional information concerning patients receiving methadone as a treatment for opioid addiction which includes, but is not limited to: (1) the recidivism rate of methadone clients in clinics; (2) the average length of treatment for clients; (3) any follow-up counseling provided to clients after treatment; (4) law-enforcement strategies to help deter methadone related deaths; (5) an evaluation of the systems approach to recovery; (6) any bonuses for clinic personnel that encourages continued use of Methadone to clients; (7) Methadone related deaths and the sources of the methadone; (8) education of the proper use of methadone to clients; (9) funding options for a more comprehensive recovery system for opioid addicts and (10) the relationships between methadone treatment centers and other alternative behavioral health treatment facilities available in communities.
Whereas, The Legislature shall work with representatives of: the methadone treatment centers, behavioral health providers, the Department of Health and Human Resources, law- enforcement agencies, the Partnership to Promote Community Well-Being and other pertinent entities in the development of the aforementioned study; therefore be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study methadone treatment centers 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.
And,
Delegates Perdue, Hatfield, Lawrence, Manypenny, Moye, Perry, D. Poling, Rodighiero, Eldridge, Moore, Staggers, Fleischauer, Andes, Lane, C. Miller, J. Miller and Rowan:

H. C. R. 94 - Urging Congress to pass legislation expanding federal oversight of methadone treatment (S. 754).
Whereas, West Virginia currently has nine for-profit methadone treatment centers; and
Whereas, While methadone treatment for opioid addiction provides assistance to many individuals, as with any controlled substance, there is a risk of abuse with methadone; and
Whereas, On March 31, 2009, Senator Rockefeller, along with Senator Kennedy and Senator Corker, introduced the "Methadone Treatment and Protection Act of 2009"; and
Whereas, This Act provides a comprehensive solution to the country's growing problem of methadone-related deaths; and
Whereas, According to the Centers for Disease Control and Prevention, in 2005, there were 4,462 methadone deaths, representing a 468% increase in the number of deaths since 1998; and
Whereas, in West Virginia, there were approximately 120 methadone deaths in 2005, compared to just seven deaths in 1999; and
Whereas, Methadone prescriptions have increased 700% since 1998; and
Whereas, Current federal oversight of methadone is inadequate in addressing the growing number of methadone related deaths; and
Whereas, The West Virginia legislature believes that better federal oversight over methadone treatment is needed; therefore be it
Resolved by the Legislature of West Virginia:
That the Legislature of West Virginia Urges Congress to pass legislation expanding federal oversight of methadone treatment (S. 754); and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to members of the U.S. Senate representing West Virginia, members of the West Virginia congressional delegation, the President of the U.S. Senate, the Speaker of the U.S. House of Representatives and the Committee Chair of Senate Health, Education, Labor and Pensions Committee.
And reports the same back with the recommendation that they each be adopted.
In the absence of objection, the Speaker referred the resolutions (H. C. R. 89, H. C. R. 90, H. C. R. 91, H. C. R. 92, H. C. R. 93 and H. C. R. 94) to the Committee on Rules.
On motion for leave, resolutions were introduced (Originating in the Committee on Education and reported with the recommendation that they each be adopted), which was read by their titles, as follows:
By Delegates M. Poling, Paxton, Beach, Crosier, Ennis, Lawrence, Louisos, Moye, Pethtel, Perry, Shaver, Stowers, Walker, Williams, Andes, Duke, Romine, Rowan, Sumner and Shott:

H. C. R. 99 -"Requesting the Joint Committee on Government and Finance to make a study on adequate and appropriate responses to the mental health needs of students in the public school,"
Whereas, The mental heath of students affects their ability to become actively engaged in the learning process and achieve to their full potential; and
Whereas, The mental health of students affects their interactions with teachers, other students and the general school environment; and
Whereas, Mental health problems can contribute to behaviors endangering the student and others in the school and community; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to make a study on adequate and appropriate responses to the mental health needs of students in the public schools; and be it
Further Resolved, That the said Joint Committee on Government and Finance is requested conduct the study and prepare a report of its findings, conclusions and recommendations together with drafts of any legislation necessary to effectuate its recommendations; and be it
Further Resolved, That the Joint Committee on Government and Finance is requested to report to the regular session of the Legislature, 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 draft necessary legislation are requested to be paid from legislative appropriations to the Joint Committee on Government and Finance.
By Delegates M. Poling, Paxton, Beach, Crosier, Ennis, Lawrence, Louisos, Moye, Pethtel, Perry, Shaver, Stowers, Walker, Williams, Andes, Duke, Romine, Rowan, Sumner and Shott:

H. C. R. 100 - "Requesting the Joint Committee on Government and Finance to make a study on potential alternative methods for assisting county boards to meet the facility needs of their school systems through the use of public/private lease-purchase agreements or other repayment rental arrangements with the Authority,"
Whereas, The facility needs of county school systems exceed the funds available through the School Building Authority to meet them, often requiring county boards of education to seek funding through local bonding for construction and renovations and to supplement funding through the Authority; and
Whereas, For various reasons, it is difficult for some county boards to secure passage of bond levies sufficient to support needed facility improvements, thereby diminishing the health, safety and educational benefits for the students derived from adequate modern facilities; and
Whereas, Potential alternative methods for assisting county boards to meet the facility needs of their system may exist through the use of lease-purchase agreements or other repayment rental arrangements with the Authority; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to make a study on potential alternative methods for assisting county boards to meet the facility needs of their school systems through the use of public/private lease-purchase agreements or other repayment rental arrangements with the Authority; and be it
Further Resolved, That the said Joint Committee on Government and Finance is requested conduct the study and prepare a report of its findings, conclusions and recommendations together with drafts of any legislation necessary to effectuate its recommendations; and be it
Further Resolved, That the Joint Committee on Government and Finance is requested to report to the regular session of the Legislature, 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 draft necessary legislation are requested to be paid from legislative appropriations to the Joint Committee on Government and Finance.
And,
By Delegates M. Poling, Paxton, Beach, Crosier, Ennis, Lawrence, Louisos, Moye, Pethtel, Perry, Shaver, Stowers, Walker, Williams, Andes, Duke, Romine, Rowan, Sumner and Shott:

H. C. R. 101 - "Requesting the Joint Committee on Government and Finance to make a study on improving the ability of public schools to effectively recruit and employ well qualified graduates from colleges and universities in this state and others to teach in the public schools."
Whereas, Colleges and universities in West Virginia and other states each year produce well qualified candidates for employment in the state's public schools, many in subject areas that the state considers areas of critical need and shortage; and
Whereas, For the 2007-08 school year, 3860 professional educators employed in the state's public schools (nearly 16%) had 31 or mores years of experience and were nearing retirement eligibility or were eligible to retire but were still working; and
Whereas, With looming teacher shortages in other state's and approaching large numbers of retirements in West Virginia, the ability of public schools to effectively recruit and employ well qualified graduates is crucial to maintaining the quality of education in the public schools; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to make a study on improving the ability of public schools to effectively recruit and employ well qualified graduates from colleges and universities in this state and others to teach in the public schools; and be it
Further Resolved, That the said Joint Committee on Government and Finance is requested conduct the study and prepare a report of its findings, conclusions and recommendations together with drafts of any legislation necessary to effectuate its recommendations; and be it
Further Resolved, That the Joint Committee on Government and Finance is requested to report to the regular session of the Legislature, 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 draft necessary legislation are requested to be paid from legislative appropriations to the Joint Committee on Government and Finance.
And reports the same back with the recommendation that they each be adopted.
In the absence of objection, the Speaker referred the resolutions (H. C. R. 99, H. C. R. 100, and H. C. R. 101) to the Committee on Rules.
Chairman Doyle, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 9th day of April, 2009, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
(Com. Sub. for S. B. 263), Disclosing certain inmates' personal communications,
(Com. Sub. for S. B. 307), Creating Maternal Screening Act,
(Com. Sub. for S. B. 321), Modifying certificate of need process,
(Com. Sub. for S. B. 341), Transferring juvenile justice database administration to Supreme Court ,
(S. B. 346), Correcting code reference related to bear tagging,
(S. B. 436), Updating terminology relating to surface mining reporting requirements,
And,
(Com. Sub. for S. B. 453), Relating to Public Service Commission service of decisions.
Messages from the Executive

Mr. Speaker, Mr. Thompson, presented a communication from His Excellency, the Governor, advising that on April 8, 2009, he approved Com. Sub. for H. B. 2795.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 2222, Authorizing the Department of Military Affairs and Public Safety to promulgate legislative rules.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 2407, Relating to trustee accounts and funds, earnings and personal property of inmates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 2569, Creating the Juvenile Services Reimbursement Offender Fund.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 2651, Repealing article regulating male breeding animals.
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. 2684, West Virginia Drug Offender Accountability and Treatment Act. On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"CHAPTER 61. CRIMES AND THEIR PUNISHMENT.

ARTICLE 11. GENERAL PROVISIONS CONCERNING CRIMES.
§61-11-22. Pretrial diversion agreements; conditions; drug court programs.
(a) A prosecuting attorney of any county of this state or a person acting as a special prosecutor may enter into a pretrial diversion agreement with a person under investigation or charged with an offense against the state of West Virginia, when he or she considers it to be in the interests of justice. The agreement is to be in writing and is to be executed in the presence of the person's attorney, unless the person has executed a waiver of counsel.
(b) Any agreement entered into pursuant to the provisions of subsection (a) of this section may not exceed twenty-four months in duration. The duration of the agreement must be specified in the agreement. The terms of any agreement entered into pursuant to the provisions of this section may include conditions similar to those set forth in section nine, article twelve, chapter sixty-two of this code relating to conditions of probation. The agreement may require supervision by a probation officer of the circuit court, with the consent of the court. An agreement entered into pursuant to this section must include a provision that the applicable statute of limitations be tolled for the period of the agreement.
(c) A person who has entered into an agreement for pretrial diversion with a prosecuting attorney and who has successfully complied with the terms of the agreement is not subject to prosecution for the offense or offenses described in the agreement or for the underlying conduct or transaction constituting the offense or offenses described in the agreement, unless the agreement includes a provision that upon compliance the person agrees to plead guilty or nolo contendere to a specific related offense, with or without a specific sentencing recommendation by the prosecuting attorney.
(d) No person charged with a violation of the provisions of section two, article five, chapter seventeen-c of this code may participate in a pretrial diversion program. No person charged with a violation of the provisions of section twenty-eight, article two of this chapter may participate in a pretrial diversion program unless the program is part of a community corrections program approved pursuant to the provisions of article eleven-c, chapter sixty-two of this code. No person indicted for a felony crime of violence against the person where the alleged victim is a family or household member as defined in 48-27-203 section two hundred three, article twenty-seven, chapter forty-eight of this code or indicted for a violation of the provisions of sections three, four or seven, article eight-b of this chapter is eligible to participate in a pretrial diversion program. No defendant charged with a violation of the provisions of section twenty-eight, article two of this chapter or subsections (b) or (c), section nine, article two of this chapter where the alleged victim is a family or household member is eligible for pretrial diversion programs if he or she has a prior conviction for the offense charged or if he or she has previously been granted a period of pretrial diversion pursuant to this section for the offense charged. Notwithstanding any provision of this code to the contrary, defendants charged with violations of the provisions of section twenty-eight, article two, chapter sixty-one of this code or the provisions of subsection (b) or (c), section nine, article two of said chapter where the alleged victim is a family or household member as defined by the provisions of 48-27-203 section two hundred three, article twenty-seven, chapter forty-eight of this code are ineligible for participation in a pretrial diversion program before the first day of July, two thousand two July 1, 2002, and before the community corrections subcommittee of the Governor's Committee on Crime, Delinquency and Correction established pursuant to the provisions of section two, article eleven-c, chapter sixty-two of this code, in consultation with the working group of the subcommittee, has approved guidelines for a safe and effective program for diverting defendants charged with domestic violence.
(e) The provisions of section twenty-five of this article are inapplicable to defendants participating in pretrial diversion programs who are charged with a violation of the provisions of section twenty-eight, article two, chapter sixty-one of this code. The community corrections subcommittee of the Governor's Committee on Crime, Delinquency and Correction established pursuant to the provisions of section two, article eleven-c, chapter sixty-two of this code shall, upon approving any program of pretrial diversion for persons charged with violations of the provisions of section twenty-eight, article two, chapter sixty-one of this code, establish and maintain a central registry of the participants in the programs which may be accessed by judicial officers and court personnel.
(f)(1) The chief judge of a circuit court in cooperation with the prosecuting attorneys, the public defenders, if any, in the circuit, and the community criminal justice board if the program is to be operated pursuant to the provisions of article eleven-c, chapter sixty-two of this code may establish and operate a drug court program as a diversion program or an alternative sentencing program, or both, to address offenses that stem from substance use or abuse.
(2) For the purposes of this section, 'drug court program' means a program designed to achieve a reduction in recidivism and substance abuse among nonviolent, substance abusing offenders by increasing their likelihood for successful rehabilitation through early, continuous, and intense supervised treatment, mandatory periodic drug testing and the use of appropriate sanctions and other rehabilitation services.
(3) A drug court program is to provide, at a minimum:
(A) For successful completion of a diversion or plea agreement in lieu of incarceration;
(B) Access by all participating parties of a case to information on the offender's progress;
(C) Vigilant supervision and monitoring procedures;
(D) Random substance abuse testing;
(E) Provisions for dealing with noncompliance, modification of the treatment plan, and revocation proceedings;
(F) For its operation only when appropriate facilities and outpatient services are available; and
(G) For payment of court costs, treatment costs, supervision fees, and program user fees by the offender, unless payment of the costs and fees would impose an undue hardship.
(4) An offender is eligible for a drug court program only if:
(A) The underlying offense does not involve a felony crime of violence, unless there is a specific treatment program available designed to address violent offenders;
(B) The offender has no prior felony conviction in this state or another state for a felony crime of violence; and
(C) The offender admits to having a substance abuse addiction.
(5) The court may provide additional eligibility criteria it considers appropriate.
CHAPTER 62. CRIMINAL PROCEDURE.

ARTICLE 15. DRUG OFFENDER ACCOUNTABILITY AND TREATMENT ACT.
§62-15-1. Short Title.
This article shall be known and may be cited as the 'West Virginia Drug Offender Accountability and Treatment Act'.
§62-15-2. Definitions.
For the purposes of this article:
(1) 'Assessment' means a diagnostic evaluation to determine whether and to what extent a person is a drug offender under this article and would benefit from its provisions. The assessment shall be conducted in accordance with the standards, procedures, and diagnostic criteria designed to provide effective and cost-beneficial use of available resources.
(2) 'Continuum of care' means a seamless and coordinated course of substance abuse education and treatment designed to meet the needs of drug offenders as they move through the criminal justice system and beyond, maximizing self-sufficiency.
(3) 'Controlled substance' means a drug or other substance for which a medical prescription or other legal authorization is required for purchase or possession
(4) 'Drug' means a controlled substance, an illegal drug, or other harmful substance.
(5) 'Drug court' means a judicial intervention process that incorporates the Ten Key Components and may include pre-adjudication or post-adjudication participation.
(6) 'Drug court team' may consist of the following members who are assigned to the drug court:
(A) The drug court judge, which may include a magistrate, mental hygiene commissioner, or other hearing officer;
(B) The prosecutor;
(C) The public defender or member of the criminal defense bar;
(D) A representative from the day report center or community corrections program, if operating in the jurisdiction;
(E) A law-enforcement officer;
(F) The drug court coordinator;
(G) A representative from a circuit court probation office or the division of parole supervision or both;
(H) One or more substance abuse treatment providers; and
(I) Any other persons selected by the drug court team.
(7) 'Drug offender' means an adult person charged with a drug-related offense or an offense in which substance abuse is determined from the evidence to have been a factor in the commission of the offense.
(8) 'Dual Diagnosis' means a substance abuse and co-occurring mental health disorder.
(9) 'Local advisory committee' may consist of the following members or their designees:
(A) Drug court circuit judge, who shall serve as chair;
(B) Drug court magistrate(s);
(C) Prosecutor;
(D) Public defender;
(E) Drug court coordinator;
(F) Criminal defense bar;
(G) Circuit clerk;
(H) Day report center director;
(I) Circuit court probation officer, parole officer or both;
(J) Law enforcement;
(K) One or more substance abuse treatment providers;
(L) Corrections representative; and
(M) Such other person or persons the chair deems appropriate.
(10) 'Illegal drug' means a drug whose manufacture, sale, use or possession is forbidden by law;
(11) 'Memorandum of Understanding' means a written document setting forth an agreed upon procedure.
(12) 'Offender' means an adult charged with a criminal offense punishable by incarceration.
(13) 'Other harmful substance' means a misused substance otherwise legal to possess, including alcohol.
(14) 'Pre-adjudication' means a court order requiring a drug offender to participate in drug court before charges are filed or before conviction.
(15) 'Post-adjudication' means a court order requiring a drug offender to participate in drug court after having entered a plea of guilty or nolo contendre or having been found guilty.
(16) 'Recidivism' means any subsequent arrest for a serious offense (carrying a sentence of at least one year) resulting in the filing of a charge.
(17) 'Relapse' means a return to substance use after a period of abstinence.
(18) 'Split sentencing' means a sentence which includes a period of incarceration followed by a period of supervision.
(19) 'Staffing' means the meeting before a drug offender's appearance in drug court in which the drug court team discusses a coordinated response to the drug offender's behavior.
(20) 'Substance' means drug.
(21) 'Substance abuse' means the illegal or improper consumption of a drug.
(22) 'Substance abuse treatment' means a program designed to provide prevention, education, and therapy directed toward ending substance abuse and preventing a return to substance usage.
(23) 'Ten Key Components' means the following benchmarks intended to describe the very best practices, designs, and operations of drug courts. These benchmarks are meant to serve as a practical, yet flexible framework for developing effective drug courts in vastly different jurisdictions and to provide a structure for conducting research and evaluation for program accountability:
(A) Drug courts integrate alcohol and other drug treatment services with justice system case processing;
(B) Using a nonadversarial approach, prosecution and defense counsel promote public safety while protecting participants' due process rights;
(C) Eligible participants are identified early and promptly placed in the drug court program;
(D) Drug courts provide access to a continuum of alcohol, drug, and other related treatment and rehabilitation services;
(E) Abstinence is monitored by frequent alcohol and other drug testing;
(F) A coordinated strategy governs drug court responses to participants' compliance;
(G) Ongoing judicial interaction with each drug court participant is essential;
(H) Monitoring and evaluation measure the achievement of program goals and gauge effectiveness;
(I) Continuing interdisciplinary education promotes effective drug court planning, implementation, and operations; and
(J) Forging partnerships among drug courts, public agencies and community-based organizations generates local support and enhances drug court effectiveness.
§62-15-3. Policy and Goals.
The Legislature recognizes that a critical need exists in this state for the criminal justice system to reduce the incidence of substance abuse and the crimes resulting from it. For the criminal justice system to maintain credibility, all drug offenders must be held accountable for their actions. A growing body of research demonstrates the impact of substance abuse on public safety, personal health and health care costs, the spread of communicable disease, educational performance and attainment, workforce reliability and productivity, family safety and financial stability. Requiring that accountability and rehabilitating treatment, in addition to or in place of, conventional and expensive incarceration, will promote public safety, the welfare of the individuals involved, reduce the burden upon the public treasury and benefit the common welfare of this state. The goals of this article shall include:
(1) Enhancing community safety and quality of life for citizens;

(2) Reducing recidivism;

(3) Reducing substance abuse;
(4) Increasing the personal, familial, and societal accountability of drug offenders;
(5) Restoring drug offenders to productive, law-abiding, and taxpaying citizens;
(6) Promoting effective interaction and use of resources among criminal justice and community agencies;
(7) Reducing the costs of incarceration; and
(8) Improving the efficiency of the criminal justice system by enacting an effective methodology.
§62-15-4. Court Authorization and Structure.
(a) Each judicial circuit or two or more adjoining judicial circuits may establish a drug court or regional drug court program under which drug offenders will be processed to address appropriately, the identified substance abuse problem as a condition of pretrial release, probation, jail, prison incarceration, parole or other release from a correctional facility.
(b) The structure, method, and operation of each drug court program may differ and should be based upon the specific needs of and resources available to the judicial circuit or circuits where the drug court program is located.
(c) A drug court program may be pre-adjudication or post-adjudication for an adult offender.
(d) Participation in drug court, with the consent of the prosecution and the court, shall be pursuant to a written agreement.
(e) A drug court may grant reasonable incentives under the written agreement if it finds that the drug offender:
(1) Is performing satisfactorily in drug court;
(2) Is benefitting from education, treatment and rehabilitation;
(3) Has not engaged in criminal conduct; or
(4) Has not violated the terms and conditions of the agreement.
(f) A drug court may impose reasonable sanctions on the drug offender, including incarceration for the underlying offense or expulsion from the program, pursuant to the written agreement, if it finds that the drug offender:
(1) Is not performing satisfactorily in drug court;
(2) Is not benefitting from education, treatment or rehabilitation;
(3) Has engaged in conduct rendering him or her unsuitable for the program;
(4) Has otherwise violated the terms and conditions of the agreement; or
(5) Is for any reason unable to participate.
(g) Upon successful completion of drug court, a drug offender's case shall be disposed of by the judge in the manner prescribed by the agreement and by the applicable policies and procedures adopted by the drug court. This may include, but is not limited to, withholding criminal charges, dismissal of charges, probation, deferred sentencing, suspended sentencing, split sentencing, or a reduced period of incarceration.
(h) Drug court shall include the Ten Key Components and the drug court team shall act to ensure compliance with them.
(i) Nothing contained in this article shall confer a right or an expectation of a right to participate in a drug court nor does it obligate a drug court to accept every drug offender.
(j) Neither the establishment of a drug court nor anything herein shall be construed as limiting the discretion of the jurisdiction's prosecutor to act on any criminal case which he or she deems advisable to prosecute.
(k) Each drug court judge may establish rules and may make special orders as necessary that do not conflict with rules and orders promulgated by the Supreme Court of Appeals which has administrative authority over the courts. The Supreme Court of Appeals shall provide uniform referral, procedure and order forms that shall be used in all drug courts in this state.
§62-15-5. Drug Court Teams.
(a) Each local jurisdiction that intends to establish a drug court, or continue the operation of an existing drug court, shall establish a local drug court team.
(b) The drug court team shall, when practicable, conduct a staffing prior to each drug court session to discuss and provide updated information regarding drug offenders. After determining their progress or lack thereof, the drug court team shall recommend the appropriate incentive or sanction to be applied. If the drug court team cannot agree on the appropriate action, the court shall make the decision based on information presented in the staffing.
§62-15-6. Eligibility.
(a) A drug offender shall not be eligible for the drug court program if:
(1) The underlying offense involves a felony crime of violence, unless there is a specific treatment program available designed to address violent offenders;
(2) The underlying offense involves an offense that requires registration as a sex offender pursuant to the article twelve, chapter fifteen of this Code;
(3) The drug offender has a prior felony conviction in this state or another state for a felony crime of violence; or
(4) The drug offender has a prior conviction in this state or another state for a crime that requires registration as a sex offender pursuant to article twelve, chapter fifteen of this Code.
(b) Eligible offenses may be further restricted by the rules of a specific drug court program.
(c) Nothing in this section shall require a drug court judge to consider or accept every offender with a treatable condition or addiction, regardless of the fact that the controlling offense is eligible for consideration in the program.
§62-15-7. Treatment and Support Services.
(a) As part of any diagnostic assessments, the individual assessment should make specific recommendations to the drug court team regarding the type of treatment program and duration necessary so that a drug offender's individualized needs can be addressed. These assessments and resulting recommendations should be based upon objective medical diagnostic criteria. Treatment recommendations accepted by the court, pursuant to the provisions of this article, shall be deemed to be reasonable and necessary.
(b) A drug court making a referral for substance abuse treatment shall refer the drug offender to a program that is licensed, certified, or approved by the court.
(c) The court shall determine which treatment programs are authorized to provide the recommended treatment to drug offenders. The relationship between the treatment program and the court should be governed by a Memorandum of Understanding, which should include the timely reporting of the drug offender's progress or lack thereof to the drug court.
(d)It is essential to provide offenders with adequate support services and aftercare.
(e) Recognizing that drug offenders are frequently dually diagnosed, appropriate services should be made available, where practicable.
(f) Recognizing that the longer a drug offender stays in treatment, the better the outcome, the length of stay in treatment should be determined by the drug court team based on individual needs and accepted practices: Provided, That drug court participation shall not be less than one year duration.
§62-15-8. Drug Testing.
(a) The drug court team shall ensure fair, accurate, and reliable drug testing procedures, following collection procedures approved by the Supreme Court of Appeals.
(b) The drug offender shall be ordered to submit to frequent, random, and observed drug testing to monitor abstinence.
(c) Anyone in receipt of drug test results shall maintain the information in compliance with the requirements of federal and state confidentially laws.
§62-15-9. Governance.
(a) The Supreme Court of Appeals will be responsible for court funding, administration, and continuance or discontinuance of drug courts, mental health courts, or other problem-solving courts. The administrative director, or his or her designee, will oversee the planning, implementation, and development of these courts as the administrative arm of the Supreme Court of Appeals.
(b) The administering drug court judge in each drug court's jurisdiction shall appoint a local advisory committee. The advisory committee shall ensure quality, efficiency, and fairness in planning, implementing, and operating drug courts that serve the jurisdiction, and the provision of a full continuum of care for drug offenders.
(c) The local advisory committee shall annually report to the Supreme Court of Appeal's administrative director, or designee, by the thirty-first day of December of each year. The report shall include:
(1) A description of all drug courts operating within the jurisdiction;
(2) Participating judges and magistrates if applicable;
(3) Community involvement;
(4) Education and training;
(5) Use of existing resources;
(6) Collaborative efforts; and
(7) An evaluation of the critical data elements required by subsection (a), section ten of this article.
§62-15-10. Program Integrity and Offender Accountability.
(a) Drug courts shall collect and maintain the following information and any other information required by the Supreme Court of Appeals or its administrative office:
(1) Prior criminal history;
(2) Prior substance abuse treatment history, including information on the drug offender's success or failure in those programs;
(3) Employment, education, and income histories;
(4) Gender, race, ethnicity, marital and family status, and any child custody and support obligations;
(5) The number of babies, both addicted and healthy, born to female drug offenders during participation in drug court;
(6) Instances of relapse occurring during participation in drug court;
(7) Instances of recidivism occurring during and after participation in drug court. Recidivism shall be measured at intervals of six months, one year, two years, and five years after successful graduation from drug court;
(8) The number of offenders screened for eligibility, the number of eligible drug offenders who were and were not admitted and their case dispositions;
(9) The drug of choice and the estimated daily financial cost to the drug offender at the time of entry into the program; and
(10) the costs of operation and sources of funding.
(b) A drug offender may be required as a condition of pretrial diversion, probation, or parole to provide the information described in this section. The collection and maintenance of information under this section shall be collected in a standardized format according to applicable guidelines set forth by the Supreme Court of Appeals.
(c) To protect drug offenders' privacy in accordance with federal and state confidentiality laws, treatment records must be kept in a secure environment, separated from the court records to which the public has access.
§62-15-11. Funding.
(a) Each drug court with the guidance of the Supreme Court of Appeals may establish a schedule for the payment of reasonable fees and costs necessary to conduct the program;
(b) Nothing in this article shall prohibit local advisory committees or drug court teams from obtaining supplemental funds or exploring grants to support drug courts.
(c) Nothing in this article shall be construed to supplant funds currently utilized for drug courts.
§62-15-12. Immunity from Liability.
(a) Any individual who, in good faith, provides services pursuant to this article shall not be liable in any civil action. The grant of immunity provided for in this subsection shall extend to all employees and administrative personnel.
(b) Any qualified person who obtains, in a medically accepted manner, a specimen of breath, blood, urine, or other bodily substance pursuant to any provision of this article shall not be liable in any civil action.
§62-15-13. Statutory Construction.
The provisions of this article shall be construed to effectuate its remedial purposes."
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. 333), 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: Cowles, Michael and Shook.
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. 2684) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 2734, Relating to minimum guarantees provided to members who elected to transfer from the Teachers' Defined Contribution System to the Teachers' Retirement System.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 2742, Repealing outdated provisions from the WV Code relating to vinegars.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take effect from passage, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 2753, Relating to the continuation of the Design-Build Program. On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page two, section two, line twelve, by striking out "13 " and inserting in lieu thereof "30".
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. 334), 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: Michael and Shook.
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. 2753) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 335), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Michael and Shook.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2753) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 2839, Relating to the management of pain by physicians.
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. 2877, Increasing the monetary penalties, removing the possibility of incarceration and adding community service for a minor who misrepresents his or her age when purchasing alcohol.
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 §11-16-19 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §49-1-4 of said code be amended and reenacted; and that §60-3A-24 be amended and reenacted, all to read as follows:
CHAPTER 11. TAXATION.

ARTICLE 16. NONINTOXICATING BEER.
§11-16-19. Unlawful acts of persons; criminal penalties.

(a) (1) Any person eighteen or over, but under the age of twenty-one years, who purchases, consumes, sells, possesses or serves nonintoxicating beer is guilty of a misdemeanor and, upon conviction thereof, shall be fined an amount not to exceed $500 or shall be incarcerated confined in jail, or, in the case of a juvenile, a detention facility, for a period not to exceed seventy-two hours, or both fined and imprisoned confined or, in lieu of such fine and incarceration confinement, may, for the first offense, be placed on probation for a period not to exceed one year. Any person under the age of eighteen years who purchases, consumes, sells, possesses or serves nonintoxicating beer is guilty of a status offense as that term is defined in section four, article one, chapter forty-nine of this code and, upon adjudication therefor, shall be referred to the Department of Health and Human Resources for services, as provided in section eleven, article five of said chapter.
(2) Nothing in this article, nor any rule or regulation of the commissioner, shall prevent or be deemed to prohibit any person who is at least eighteen years of age from serving in the lawful employment of any licensee, which may include the sale or delivery of nonintoxicating beer as defined in this article. Further, nothing in this article, nor any rule or regulation of the commissioner, shall prevent or be deemed to prohibit any person who is less than eighteen but at least sixteen years of age from being employed by a licensee whose principal business is the sale of food or consumer goods or the providing of recreational activities, including, but not limited to, nationally franchised fast-food outlets, family-oriented restaurants, bowling alleys, drug stores, discount stores, grocery stores and convenience stores: Provided, That such person shall not sell or deliver nonintoxicating beer.
(3) Nothing in this subsection shall prohibit a person who is at least eighteen years of age from purchasing or possessing nonintoxicating beer when he or she is acting upon the request of or under the direction and control of any member of a state, federal or local law-enforcement agency or the West Virginia Alcohol Beverage Administration while the agency is conducting an investigation or other activity relating to the enforcement of the alcohol beverage control statutes and the rules of the commissioner.
(b) Any person under the age of twenty-one years who, for the purpose of purchasing nonintoxicating beer, misrepresents his or her age or who for such purpose presents or offers any written evidence of age which is false, fraudulent or not actually his or her own or who illegally attempts to purchase nonintoxicating beer is guilty of a misdemeanor and, upon conviction thereof, shall be fined an amount not to exceed $50 or shall be imprisoned confined in jail, or in the case of a juvenile, a juvenile detention facility, for a period not to exceed seventy-two hours, or both such fine and imprisonment confinement or, in lieu of such fine and imprisonment confinement, may, for the first offense, be placed on probation for a period not exceeding one year.
(c) Any person who shall knowingly buy for, give to or furnish nonintoxicating beer to anyone under the age of twenty-one to whom they are not related by blood or marriage is guilty of a misdemeanor and, upon conviction thereof, shall be fined an amount not to exceed $100 or shall be imprisoned confined in jail for a period not to exceed ten days, or both such fine and imprisonment confinement.
(d) (1) Any person who at any one time transports into the state for their personal use, and not for resale, more than six and seventy-five hundredths gallons of nonintoxicating beer, upon which the West Virginia barrel tax has not been imposed, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined an amount not to exceed $100 and have all the untaxed nonintoxicating beer in their possession at the time of the arrest confiscated or imprisoned confined for ten days in jail, or both fined and imprisoned. The untaxed nonintoxicating beer found in the person's possession shall be confiscated.
(2) If the Congress of the United States repeals the mandate established by the Surface Transportation Assistance Act of 1982 relating to national uniform drinking age of twenty-one as found in section six of Public Law 98-363, or a court of competent jurisdiction declares the provision to be unconstitutional or otherwise invalid, it is the intent of the Legislature that the provisions contained in this section and section eighteen of this article which prohibit the sale, furnishing, giving, purchase or ownership of nonintoxicating beer to or by a person who is less than twenty-one years of age shall be null and void and the provisions therein shall thereafter remain in effect and apply to the sale, furnishing, giving, purchase or ownership of nonintoxicating beer to or by a person who is less than nineteen years of age.
CHAPTER 49. CHILD WELFARE.

ARTICLE 1. PURPOSES; DEFINITIONS.
§49-1-4. Other definitions.
As used in this chapter:
(1) 'Child welfare agency' means any agency or facility maintained by the state or any county or municipality thereof or any agency or facility maintained by an individual, firm, corporation, association or organization, public or private, to receive children for care and maintenance or for placement in residential care facilities or any facility that provides care for unmarried mothers and their children;
(2) 'Child advocacy center' means a community-based organization that is a member in good standing with the West Virginia Child Abuse Network, Inc., and is working to implement the following program components:
(A) Child-appropriate/child-friendly facility: A child advocacy center provides a comfortable, private, child-friendly setting that is both physically and psychologically safe for clients;
(B) Multidisciplinary team (MDT): A multidisciplinary team for response to child abuse allegations includes representation from the following: Law enforcement; child protective services; prosecution; mental health; medical; victim advocacy; child advocacy center;
(C) Organizational capacity: A designated legal entity responsible for program and fiscal operations has been established and implements basic sound administrative practices;
(D) Cultural competency and diversity: The child advocacy center promotes policies, practices and procedures that are culturally competent. Cultural competency is defined as the capacity to function in more than one culture, requiring the ability to appreciate, understand and interact with members of diverse populations within the local community;
(E) Forensic interviews: Forensic interviews are conducted in a manner which is of a neutral, fact-finding nature and coordinated to avoid duplicative interviewing;
(F) Medical evaluation: Specialized medical evaluation and treatment are to be made available to child advocacy center clients as part of the team response, either at the child advocacy center or through coordination and referral with other specialized medical providers;
(G) Therapeutic intervention: Specialized mental health services are to be made available as part of the team response, either at the child advocacy center or through coordination and referral with other appropriate treatment providers;
(H) Victim support/advocacy: Victim support and advocacy are to be made available as part of the team response, either at the child advocacy center or through coordination with other providers, throughout the investigation and subsequent legal proceedings;
(I) Case review: Team discussion and information sharing regarding the investigation, case status and services needed by the child and family are to occur on a routine basis;
(J) Case tracking: Child advocacy centers must develop and implement a system for monitoring case progress and tracking case outcomes for team components: Provided, That a child advocacy center may establish a safe exchange location for children and families who have a parenting agreement or an order providing for visitation or custody of the children that require a safe exchange location;
(3) 'Community based', when referring to a facility, program, or service, means located near the juvenile's home or family and involving community participation in planning, operation and evaluation and which may include, but is not limited to, medical, educational, vocational, social and psychological guidance, training, special education, counseling, alcoholism and any treatment and other rehabilitation services;
(4) 'Court' means the circuit court of the county with jurisdiction of the case or the judge thereof in vacation unless otherwise specifically provided;
(5) 'Custodian' means a person who has or shares actual physical possession or care and custody of a child, regardless of whether such person has been granted custody of the child by any contract, agreement or legal proceedings;
(6) 'Department' or 'state department' means the State Department of Health and Human Resources;
(7) 'Division of Juvenile Services' means the division within the Department of Military Affairs and Public Safety pursuant to article five-e of this chapter;
(8) 'Guardian' means a person who has care and custody of a child as a result of any contract, agreement or legal proceeding;
(9) 'Juvenile delinquent' means a juvenile who has been adjudicated as one who commits an act which would be a crime under state law or a municipal ordinance if committed by an adult;
(10) 'Nonsecure facility' means any public or private residential facility not characterized by construction fixtures designed to physically restrict the movements and activities of individuals held in lawful custody in such facility and which provides its residents access to the surrounding community with supervision;
(11) 'Referee' means a juvenile referee appointed pursuant to section one, article five-a of this chapter, except that in any county which does not have a juvenile referee, the judge or judges of the circuit court may designate one or more magistrates of the county to perform the functions and duties which may be performed by a referee under this chapter;
(12) 'Secretary' means the Secretary of Health and Human Resources;
(13) 'Secure facility' means any public or private residential facility which includes construction fixtures designed to physically restrict the movements and activities of juveniles or other individuals held in lawful custody in such facility;
(14) 'Staff-secure facility' means any public or private residential facility characterized by staff restrictions of the movements and activities of individuals held in lawful custody in such facility and which limits its residents' access to the surrounding community, but is not characterized by construction fixtures designed to physically restrict the movements and activities of residents;
(15) 'Status offender' means a juvenile who has been adjudicated as one:
(A) Who habitually and continually refuses to respond to the lawful supervision by his or her parents, guardian or legal custodian such that the child's behavior substantially endangers the health, safety or welfare of the juvenile or any other person;
(B) Who has left the care of his or her parents, guardian or custodian without the consent of such person or without good cause; or
(C) Who is habitually absent from school without good cause;
or
(D) Who violates any West Virginia municipal, county or state law regarding use of alcoholic beverages by minors;
(16) 'Valid court order' means a court order given to a juvenile who was brought before the court and made subject to such order and who received, before the issuance of such order, the full due process rights guaranteed to such juvenile by the constitutions of the United States and the State of West Virginia.
CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.

ARTICLE 3A. SALES BY RETAIL LIQUOR LICENSEES.
§60-3A-24. Unlawful acts by persons.

(a) (1) Any person who is eighteen or over but under the age of twenty-one years who purchases, consumes, sells, serves or possesses alcoholic liquor is guilty of a misdemeanor and, upon conviction thereof, shall be fined an amount not to exceed $500 or shall be incarcerated confined in jail, or, in the case of a juvenile, a detention center, for a period not to exceed seventy-two hours, or both fined and imprisoned or, in lieu of such fine and incarceration, may, for the first offense, be placed on probation for a period not to exceed one year. Any person who is under eighteen years who purchases, consumes, sells, serves or possesses alcoholic liquor is guilty of a status offense, as that term is defined in section four, article one, chapter forty-nine of this code and, upon adjudication therefor, shall be referred to the Department of Health and Human Resources for services, as provided in section eleven, article five of said chapter.
(2) Nothing in this article, nor any rule or regulation of the commissioner, shall prevent or be deemed to prohibit any person who is at least eighteen years of age from serving in the lawful employment of a licensee which includes the sale and serving of alcoholic liquor.
(3) Nothing in this subsection shall prohibit a person who is at least eighteen years of age from purchasing or possessing alcoholic liquor when he or she is acting upon the request of or under the direction and control of any member of a state, federal or local law-enforcement agency or the West Virginia Alcohol Beverage Control Administration while the agency is conducting an investigation or other activity relating to the enforcement of the alcohol beverage control statutes and the rules and regulations of the commissioner.
(b) Any person under the age of twenty-one years who, for the purpose of purchasing liquor from a retail licensee, misrepresents his or her age or who for such purpose presents or offers any written evidence of age which is false, fraudulent or not actually his or her own or who illegally attempts to purchase liquor from a retail licensee is guilty of a misdemeanor and, upon conviction thereof, shall be fined an amount not to exceed fifty dollars or imprisoned confined in jail for a period not to exceed seventy-two hours, or both fined and imprisoned confined or, in lieu of such fine and imprisonment, may, for the first offense, be placed on probation for a period not exceeding one year.
(c) Any person who knowingly buys for, gives to or furnishes to anyone under the age of twenty-one to whom he or she is not related by blood or marriage any liquor from whatever source is guilty of a misdemeanor and, upon conviction thereof, shall be fined an amount not to exceed $250 dollars or imprisoned confined in jail for a period not to exceed ten days, or both fined and imprisoned confined.
(d) No person while on the premises of a retail outlet may consume liquor or break the seal on any package or bottle of liquor. Any person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction thereof, shall be fined an amount not to exceed one hundred dollars or imprisoned confined in jail for a period not to exceed ten days, or both fined and imprisoned confined."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 2877 - "A Bill to amend and reenact §11-16-19 of the Code of West Virginia, 1931, as amended; to amend and reenact §49-1-4 of said code; and to amend and reenact §60-3A-24 of said code, all relating to changing the use of alcoholic beverages by minors from a status offense to an act of juvenile delinquency; and establishing penalties."
On motion of Delegate Boggs, and by unanimous consent, the bill was then laid over.

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take effect from passage, a bill of the House of Delegates as follows:
H. B. 2950, Creating the Neighborhood Housing and Economic Stabilization Program for low-income minority neighborhoods.
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 six-c, line seventeen, by striking out the words "census tracts" and inserting in lieu thereof the word "neighborhoods".
On page five, section six-c, line fifty-seven, by striking out the words "census tracts" and inserting in lieu thereof the word "neighborhoods".
On page seven, section six-c, line eighty-eight, by striking out the words "census tracts" and inserting in lieu thereof the word "neighborhoods".
And,
On page seven, section six-c, line ninety-one, by striking out the words "census tract" and inserting in lieu thereof the word "neighborhood".
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. 336), 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: Michael and Shook.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2950) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 337), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Michael and Shook.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B.. 2950) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 2952, Clarifying that a terroristic threat is a felony regardless of intent to actually commit the threatened act.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 3196, Declaring certain claims against the state and its agencies to be moral obligations of the state.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
Com. Sub. for S. B. 153, Authorizing Department of Environmental Protection promulgate legislative rules.
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. 370, Relating to community corrections program fees.
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. 405, Relating to grandparents' visitation.
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. 612, Relating to willful nonpayment of child support.
Resolutions Introduced

Delegates Fleischauer, Beach, Marshall, Shook, Fragale, Moye, Caputo, Rodighiero, Eldridge, Andes, Manchin, Lawrence and Canterbury offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 95 - "Requesting the Joint Committee on Government and Finance study a higher education merit screening advisory committee to make recommendations to the Governor for appointments to the governing boards of state universities, colleges and community colleges."
Whereas, The aim of appointments to governing boards of state universities, colleges and community colleges should be to place the most able, experienced and deserving citizens on the public boards of higher education; and
Whereas, State universities, colleges and community colleges are ultimately owned by the state's citizens, and these institutions serve broad social, cultural and economic purposes that have long-term effects on the citizenry's quality of life; and
Whereas, It is vital that those responsible for university governance be as independent of political ideologies or partisan interests as possible; and
Whereas, A mechanism for recruiting and screening candidates for appointments to governing boards of state universities, colleges and community colleges would help ensure that only the most talented, energetic, committed individuals are appointed to the boards of public higher education; and
Whereas, There is a need for a coordinated approach for finding qualified applicants, given that there are twenty governing boards for higher education institutions, each of which may have differing needs, constituencies and geographical considerations; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study a higher education merit screening advisory committee to make recommendations to the Governor for appointments to the governing boards of state universities, colleges and community colleges; 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 Talbott, Anderson, Argento, Azinger, Barker, Beach, Canterbury, Caputo, Crosier, Eldridge, Ennis, Evans, Ferro, Fragale, Givens, Guthrie, Hall, Hartman, Hunt, Iaquinta, Ireland, Klempa, Kominar, Louisos, Manypenny, Marshall, Martin, Michael, Moye, Paxton, Perdue, Perry, Phillips, Rodighiero, Ross, Rowan, Shaver, Skaff, Staggers, Stowers, Susman, Swartzmiller, Tabb, Varner, Walker, Wells and Williams offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 96 - "Requesting that the Joint committee on Government and Finance authorize the study on regulating captive cervid farming as an agricultural business in West Virginia."
Whereas, The state of West Virginia's agricultural economy is an important part of the state's overall economy; and
Whereas, It is important for the state to preserve the family farming opportunities, and to encourage agricultural uses of the natural topography of the state's rural land; and
Whereas, It is important for the state to foster job retention and job creation in the state's rural areas; and
Whereas, The Legislature finds that captive cervid farming is primarily an agricultural pursuit which is separated from and largely unrelated to wildlife management; and
Whereas, The Legislature also finds that cervids should be treated in a manner similar to other farm livestock animals; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study regulating captive cervid farming as an agricultural business 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 recommendation; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegates Talbott, Anderson, Argento, Azinger, Barker, Beach, Campbell, Cann, Canterbury, Caputo, Cowles, Craig, Crosier, Eldridge, Ellem, Ennis, Evans, Ferro, Fragale, Givens, Guthrie, Hall, Hartman, Hunt, Hutchins, Iaquinta, Klempa, Kominar, Lawrence, Mahan, Manchin, Manypenny, Marshall, Martin, Michael, J. Miller, Paxton, Perdue, Perry, Pethtel, Phillips, M. Poling, Rodighiero, Romine, Ross, Rowan, Shaver, Skaff, Smith, Staggers, Stowers, Sumner, Susman, Swartzmiller, Tabb, Varner, Walker, Wells and Williams offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 97 - "Requesting the Joint Committee on Government and Finance authorize the study of a special lifetime senior hunting, fishing and trapping license for individuals who are sixty- five years of age or older."
Whereas, Residents over the age of 65 currently are not required to obtain a license to fish, hunt or trap in the State of West Virginia; and
Whereas, Residents over the age of 65 make up a large part of the population of the State of West Virginia; and
Whereas, Resident landowners and their resident children may hunt or fish on their own land without a permit or license during open seasons in accordance with laws and rules applying to hunting and fishing; and
Whereas, Residents that meet certain criteria currently do not require a license to hunt or fish, such as: a resident who is totally blind; residents who are on active duty in the armed forces of the United States of America, while on leave or furlough; resident who is a disabled veteran; resident who is certifiably developmentally disabled; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the need for a special lifetime senior hunting, fishing and trapping license for individuals who are sixty-five years of age or older; 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 recommendation, 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.
Delegate Cann, Mr. Speaker, Mr. Thompson, and Delegates Andes, Argento, Ashley, Azinger, Barker, Beach, Boggs, Border, Butcher, Campbell, Canterbury, Caputo, Cowles, Craig, Crosier, Eldridge, Ellem, Ennis, Evans, Ferro, Fragale, Frazier, Givens, Guthrie, Hall, Hamilton, Hartman, Hatfield, Hunt, Hutchins, Iaquinta, Ireland, Klempa, Kominar, Lane, Lawrence, Longstreth, Louisos, Mahan, Manchin, Martin, McGeehan, Michael, Miley, J. Miller, Moore, Morgan, Moye, Paxton, Perdue, Perry, Pethtel, Phillips, D. Poling, Reynolds, Romine, Ross, Rowan, Schadler, Schoen, Shaver, Skaff, Smith, Sobonya, Staggers, Stowers, Sumner, Swartzmiller, Varner, Walker, Walters, White, Williams and Wooton offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 98 - "Recognizing the importance of the Oil and Natural Gas Industry in West Virginia and requesting West Virginia's congressional delegation to support the oil and natural gas industry."
Whereas, The Legislature works tirelessly to improve the quality of life for the citizens of the Mountain State; and
Whereas, Oil and Natural Gas Industry has been, and continues to be, one of the primary industries responsible for the economic success of West Virginia and its citizens; and
Whereas, Thousands of West Virginians are employed, either directly or indirectly, by the oil and natural gas industry which generates payrolls totaling over $1 billion; and
Whereas, Production, transmission, storage and distribution of oil and natural gas currently accounts for the payment of millions of dollars in severance taxes, millions of dollars in income taxes, and millions of dollars in other related taxes paid to the State of West Virginia; and
Whereas, County governments and county school systems throughout the state rely on the taxes from oil and natural gas companies that annually fund many valuable programs, including public education, ambulance services and law enforcement; and
Whereas, The reduction of West Virginia's oil and natural gas production and the loss of any oil and natural gas-related employment ultimately results in significant harm to all West Virginians; and
Whereas, The United States of America in its effort to become energy independent may be compromised if oil and natural gas investment is not maintained; and
Whereas, Concerns have been raised about President Obama's proposal to eliminate a number of key tax incentives which have benefitted the domestic natural gas industry; and
Whereas, Continued incentives will allow for development of geophysical analysis necessary to evaluate know reserves such as the Marcellus Shale and other shale formations vital for our domestic reserves; and
Whereas, The continued development of domestic reserves is not only good energy policy it is sound fiscal policy and vital to our national security; and
Whereas, Fewer wells in production would result in significant direct West Virginia job losses and accompanying loss of property and severance tax revenues; and
Whereas, The reduction in oil and natural gas development will keep potential royalty payments to ordinary West Virginians that for years have waited for and paid property taxes on minerals with the hope they would be developed; and
Whereas, Actions by the United States Congress should be in a effort to insure our domestic energy resources are developed responsibly in conjunction with Federal and State regulatory agencies; and
Whereas, The United States Congress is responsible for securing our national defense and providing for our energy independence from foreign influence; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature recognizes the importance of the oil and natural gas and requests the West Virginia Congressional Delegation join in opposition to proposed changes in the United States Tax Code which reduce incentives that stimulated domestic oil and natural gas production; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this concurrent resolution to the President and Vice President of the United States, Governor of West Virginia, members of the West Virginia Congressional Delegation to the United States Congress. Delegates Hutchins, Cann, Carmichael, Frazier, Louisos, Mahan, Manchin, Michael, Miley, Moore, Perry, Reynolds, Schoen, Shaver, Shook, Skaff, Staggers, Walters and Wooton offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 102 - "Requesting the Joint Committee on Government and Finance to study terms of lender credit card agreements between financial institutions and lender credit card borrowers, including finance charges and terms of repayment, and to study the feasibility of requiring issuers of lender credit cards to meaningfully inform borrowers of the total actual cost and length of time to repay credit card debt by making minimum monthly payments or partial monthly payments."
Whereas, A lender credit card agreement is a loan agreement, pursuant to which a lender gives a debtor the privilege of tendering a credit card for use as a means of credit affirmation of identification in transactions out of which debt arises by the lender's agreement to honor an order for the payment of money drawn by the debtor or the lender's payment or acceptance of or agreement to pay the debtor's obligation without immediate payment by the debtor; and
Whereas, Credit cards can be a convenient method of payment for goods and services, as well as an essential method of payment in emergency situations; and
Whereas, As of 2006, approximately 984 million bank issued Visa and MasterCard brand credit cards have been issued to American consumers and the overall credit card to consumer per capita ratio is approximately five to one; and
Whereas, Credit card debt among American consumers has increased steadily over the past three decades; and
Whereas, Lender credit cards are readily available to persons that may not fully understand or be aware of the financial consequences of incurring credit card debt, including and potential of incurring long term credit card debt, incurring increasing debt due to delinquent repayment, exceeding credit limits, as well as the potential effect upon their credit rating and ability to obtain future credit; and
Whereas, Depending on the lending agreement, lender credit card issuers may be allowed to impose new or additional fees or charges, increase the finance charges, add surcharges not only upon new transactions, but also on existing balances anytime during the course of the agreement, which can increase the debt incurred by the borrower; and
Whereas, The Legislature has become concerned over the steady rise of credit card debt, accusations of improper lending practices, and the number of individuals in financial distress due to credit card indebtedness, all of which has become exacerbated by the current recession occurring in the national and state economy; and
Whereas, Although the Federal Reserve Board in December, 2008, approved comprehensive rules to better protect credit card users from unfair acts or practices and improving disclosures to credit card consumers, there may be a need to supplement the federal rules in order to better protect and inform the citizens of West Virginia by the enactment of legislation aimed at strengthening consumer protection laws, requiring further disclosure to consumers and providing resources for debt counseling and debt reduction; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study terms of lender credit card agreements between financial institutions and lender credit card borrowers, including finance charges and terms of repayment, and to study the feasibility of requiring issuers of lender credit cards to meaningfully inform borrowers of the total actual cost and length of time to repay credit card debt by making minimum monthly payments or partial monthly payments; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the Legislature, on the first day of the regular session, two thousand ten, on its findings, conclusions and recommendations together with drafts of any legislation to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegates Spencer, Anderson, Argento, Azinger, Beach, Brown, Butcher, Campbell, Cann, Caputo, Cowles, Crosier, Doyle, Eldridge, Ellem, Evans, Ferro, Givens, Guthrie, Hunt, Lawrence, Louisos, Mahan, Manchin, Marshall, Michael, J. Miller, Paxton, Perry, Phillips, Reynolds, Rodighiero, Rowan, Schadler, Shaver, Skaff, Staggers, Stephens, Stowers, Tabb, Walker, Wells and Williams offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 103 - "Requesting that the Joint Committee on Government and Finance authorize a study relating to alternative programs and cost-effective programs to keep children in school."
Whereas, School dropouts affect the public education system and the State economy; and
Whereas, It should be determined what alternative programs exist or could be created to keep children in school; and
Whereas, The Legislature is committed to protecting the education of the children of this State; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to authorize a study relating to alternative programs and cost-effective programs to keep children in school; 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 Legislative expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegates Fleischauer, Beach, Brown, Caputo, Doyle, Guthrie, Longstreth, Mahan, Marshall, Morgan, Susman, Talbott and Wooton offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 104 - "Requesting that the Joint Committee on Government and Finance authorize a study relating to whether a dependent child of an insurance policyholder should have the same insurance coverage for contraceptive health services as the policyholder.
Whereas, Insurance coverage of a dependent child affects the public health; and
Whereas, It should be determined what rights to health insurance coverage a dependent child should have when compared to the rights of his or her parents; and
Whereas, The Legislature is committed to protecting the public health; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to authorize a study relating to whether a dependent child of an insurance policyholder should have the same insurance coverage for contraceptive health services as the policyholder; 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 Legislative expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegates Fleischauer, Brown, Caputo, Doyle, Hatfield, Morgan, Talbott and Wooton offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 105 - "Requesting the Joint Committee on Government and Finance to study mandatory coverage by health insurers all expenses associated with pregnancy and childbirth."
Whereas, The cost for pregnancy care and child birth costs a significant amount of money; and
Whereas, Excluding pregnancy care and child birth from insurance coverage is discriminatory against the health concerns of women; and
Whereas, Noncoverage puts an unfair burden on families to pay for care that is needed to help grow a family; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study mandatory coverage by health insurers all expenses associated with pregnancy and childbirth; 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 Legislative expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegates Fleischauer, Beach, Brown, Campbell, Caputo, Doyle, Eldridge, Guthrie, Hatfield, Hunt, Hutchins, Klempa, Lawrence, Longstreth, Louisos, Mahan, Manypenny, Marshall, Morgan, Phillips, M. Poling, Reynolds, Rodighiero, Shaver, Skaff, Spencer, Staggers, Stowers, Susman, Swartzmiller, Tabb, Talbott, Walker, Wells and Wooton offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 106 - "Requesting that the Joint Committee on Government and Finance conduct an interim study to compare the benefits and burdens upon all applicable parties regarding the creation, implementation, enforcement, and compliance by all state colleges, universities, and community colleges by providing paid childbirth leave of at least six weeks that would be made available to nine- month faculty employees of said institutions of higher education."
Whereas, There are pressing societal needs to allow various institutions of higher education within West Virginia to provide paid childbirth leave of at least six weeks that would be made available to nine-month faculty employees of said institutions of higher education; and
Whereas, The provision of this paid childbirth leave may be facilitated by compliance with the provisions of House Bill 3138, introduced March 13, 2009, and thereafter referred to the Committee on Education, and then Finance; and
Whereas, These said societal needs should be addressed in an expedient and efficient manner and deserves the attention of the State of West Virginia, including the West Virginia Legislature; therefore, be it
Resolved by the House of Delegates:
That the Joint Committee on Government and Finance conduct a study to compare the benefits and burdens upon all applicable parties regarding the creation, implementation, enforcement, and compliance by all state colleges, universities, and community colleges by providing paid childbirth leave of at least six weeks that would be made available to nine-month faculty employees of said institutions of higher education; 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 Fleischauer, Beach, Louisos, Susman and Swartzmiller offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 107 - "Requesting the Joint Committee on Government and Finance to conduct a study of the feasibility of enacting a more comprehensive expungement statute which would provide for the sealing of misdemeanor and certain felony records of first time offenders of all ages on an individual basis."
Whereas, West Virginia Code §61-11-26 provides for expungement of misdemeanors for first time offenders between the ages of 18 and 26; and
Whereas, Under current West Virginia law, some first time offenders convicted of a nonviolent crime years or even decades ago may not have recourse to expunge his or her criminal record; and
Whereas, Other states, such as Ohio, have adopted statutes which provide for expungement of criminal records for first time misdemeanor offenders and certain felony offenders of all ages; and
Whereas, The economic prospects for former offenders trying to find a job is severely diminished when forced to reveal their status to prospective employers; and in many cases this lack of job stability perpetuates a cycle of poverty which becomes a major contributor to recidivism, and which in turn increases demands on our state prison system and drives up prison costs; and
Whereas, A more comprehensive expungement statute would not only improve the economic prospects of former offenders - it would also remove or minimize obstacles towards obtaining housing, education, and the restoration of voting rights; and
Whereas, A more comprehensive expungement statute would reward nonviolent offenders for good behavior and a demonstrated desire and commitment to rehabilitating themselves by assisting them in re-establishing themselves as full members of their communities; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is requested to conduct a study of the feasibility of enacting a more comprehensive expungement statute which would provide for the sealing of misdemeanor and certain felony records of first time offenders of all ages on an individual basis; 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 Fleischauer, Brown, Caputo, Doyle, Guthrie, Hatfield, Hunt, Hutchins, Klempa, Lawrence, Longstreth, Mahan, Manypenny, Marshall, Morgan, M. Poling, Shaver, Skaff, Spencer, Staggers, Susman, Talbott, Varner, Webster, Wells and Wooton offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 108 - "Requesting the Joint Committee on Government and Finance study the requirement that all state boards, commissions, committees or councils to be gender balanced and to have proportionate representation of minorities in the state."
Whereas, State government is not representative of the population of the State of West Virginia; and
Whereas, Equality in all areas of government is of vital importance to make sure everyone's interests and ideas are heard and taken seriously; and
Whereas, Requiring boards and commissions to be gender balanced and to have proportionate representation of minorities in the state is one small step to fix the inequality within state government; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study a requirement that all state boards, commissions, committees or councils to be gender balanced and to have proportionate representation of minorities in the state; 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 Legislative expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegate Fleischauer, Argento, Beach, Brown, Caputo, Doyle, Hatfield, Klempa, Louisos, Moye, Rodighiero, Swartzmiller and Talbott offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 109 - "Requesting the Joint Committee on Government and Finance to study the advisability of enacting legislation to modernize the unemployment insurance program resulting in $33.2 million in additional federal stimulus funds to West Virginia".
Whereas, The enactment of the American Recovery and Reinvestment Act of 2009 provides for $33.2 million in available stimulus money to West Virginia for its adoption of key reform measures designed to provide unemployment insurance coverage to jobless workers who are currently ineligible for these benefits; and
Whereas, Unemployment compensation benefits is the primary safety net program enacted by the federal government in 1935 to provide transitional cash benefits to jobless workers in order to prevent the disruption of families and local economies during periods of increased unemployment; and
Whereas, The unemployment rate has increased from 4.4 percent in December 2008 to 7.5 percent (seasonally unadjusted) in February 2009, the economic contraction in West Virginia will force thousands of additional layoffs leaving workers, their families and the local economy in dire straits; and
Whereas, The American Recovery and Reinvestment Act of 2009 would require West Virginia to first adopt the reform of providing for an alternative base period instead of the present standard base period thus, improving the ability of jobless workers to qualify for benefits. Currently, the standard base period, three months of earnings prior to filing for unemployment compensation, is ignored in making a determination for eligibility. The enactment of this base reform would secure one third of the federal stimulus money totaling $11 million. This reform measure would benefit approximately 500 West Virginia workers and cost the state $0.8 million; and
Whereas, The American Recovery and Reinvestment Act of 2009 would allow West Virginia to choose among two of the four remaining reforms such as jobless workers who can only find part-time work. According to the U.S. Department of Labor, the number of workers accepting part-time work in lieu of preferred full-time work has increased 83 percent since 2006. This provision would help approximately 1,800 West Virginia workers and cost the state $2.3 million. The adoption of at least two of the possible four available reforms would also provide West Virginia with its remaining share of $22 million in federal stimulus money up front; and
Whereas, The American Recovery and Reinvestment Act of 2009 would also allow West Virginia to allow modifications to its "good cause" exceptions to voluntary unemployment by allowing workers to quit their jobs in order to prevent instances of domestic violence or, to follow a trailing spouse who has to relocate in order to find work elsewhere, and finally, to allow workers the opportunity to take care of their sick or elderly family member. The inclusion of this reform would benefit approximately 500 West Virginia workers and cost the state $1.4 million; and
Whereas, The American Recovery and Reinvestment Act of 2009 would also allow West Virginia workers to enter into a certified training program in order to strengthen their job skills so they may be able to find work in another job growth industry; and
Whereas, The American Recovery and Reinvestment Act of 2009 would also allow West Virginia the opportunity to provide supplemental unemployment compensation benefits of $15 to jobless workers with dependents, up to three children; and
Whereas, The $33.2 million in federal stimulus money would be enough money to pay for these additional reform benefits for seven years and provide West Virginia with an opportunity to weather the immediate economic storm now confronting it; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the advisability of enacting legislation to modernize the unemployment insurance program resulting in $33.2 million in additional federal stimulus funds to the state; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the Legislature on the first day of the regular session, 2010, on its findings, conclusions and recommendations together with drafts of any legislation to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, prepare a report and the drafting of necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegates Fleischauer, Beach, Brown, Caputo, Doyle, Guthrie, Hatfield, Hutchins, Longstreth, Mahan, Manypenny, Marshall, Morgan, Moye, Susman, Swartzmiller, Talbott and Wooton offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 110 - "Requesting that the Joint Committee on Government and Finance authorize a study relating to requiring blasting contractors to notify the State Fire Marshall and local property owners before blasting.
Whereas, Blasting by contractors on construction projects potentially impacts both the public safety and the safety of neighboring property owners; and
Whereas, It should be determined what rights a contractor has in pursuing the construction project when balanced with the rights of the public and neighboring property owners; and
Whereas, The Legislature is committed to protecting the public through the regulation of construction projects; and
Whereas, The statutes governing the State Fire Commission should be reviewed to consider any appropriate and necessary revisions or additions to the laws and rules governing the use of blasting materials; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to authorize a study relating to requiring blasting contractors to notify the State Fire Marshal and local property owners before blasting; 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 Legislative expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegates Hatfield, Andes, Armstead, Brown, Guthrie, Hunt, Martin, Paxton, Schoen, Skaff, Spencer and Wells offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 111 - "Requesting the Division of Highways to name the bridge known as the Dunbar Toll Bridge on County Route 25/47, 0.1 mile north of the junction of U.S. Route 60 and crossing U.S. Route 60 and the Great Kanawha River, near South Charleston, West Virginia, otherwise identified as bridge number 20A337, as the 'John H. Reed, Jr. Memorial Bridge'."
Whereas, John H. Reed, Jr. was born on October 25, 1919, in Craddock, Virginia, the oldest child of John H. Reed, Sr. and Nellie Grey Hutchison Reed; and
Whereas, John H. Reed, Jr. grew up in the Spring Hill section of South Charleston, within sight of the present location of the Dunbar Toll Bridge and graduated from South Charleston High School in 1937, where he excelled in the classroom and on the football field; he then attended Kanawha College where he met the love of his life and future wife, Lottie Miller; he graduated from New River State College in 1941, where he was a member of the football, basketball and baseball teams; and
Whereas, In November, 1941, Mr. Reed enlisted in the U.S. Army, where he became a "ninety day wonder" 2nd Lieutenant and served throughout World War II in the 40th Combat Engineer Regiment, in North Africa, Sicily, Italy, France and also in Germany, where he was one of the first Allied troops to enter and liberate the Nazi concentration camp at Dachau; and
Whereas, In 1949, Mr. Reed graduated from Washington & Lee University College of Law, having completed law school in just two years, and returned to South Charleston where he opened a private practice and also became an adjunct professor at Morris Harvey College; and
Whereas, In the early 1950's, John H. Reed, Jr. served as council to the West Virginia Turnpike Commission and oversaw the title acquisition of property for the right-of-way for the West Virginia Turnpike; and
Whereas, In 1958, John H. Reed, Jr. became the first elected municipal judge for the City of South Charleston and during his four year term, no fatal automobile accidents occurred in South Charleston; and
Whereas, After World War II, Mr. Reed continued his military service in the U.S. Army Reserve and attained the rank of Lieutenant Colonel; he retired in 1970 as the Commander of the 38th Ordinance Group of Troop Units, which included command of all of the Army Reserve components in the state; and
Whereas, John H. Reed, Jr. also served his community and profession as a member and former president of the Spring Hill chapter of the Civitans, former state committeeman and parliamentarian of the Association of Trial Lawyers of America, former officer of the West Virginia Trial Lawyers Association and former chairman of the Unlawful Practice Committee of the West Virginia State Bar; and
Whereas, John H. Reed, Jr. departed this life on November 16, 2004, and is survived by his daughter, Donna Lurena Turner and her husband, J. Thomas Turner, of South Charleston, West Virginia; son, John H. Reed, III and his wife, Jane Ann Reed, of Hurricane, West Virginia; son, Ellis Miller Reed and his wife, Lisa Reed, of Orlando Florida; grandchildren, David Turner, Joanna Elizabeth Cook, Leah Anne Reed, Jeffrey Reed and Ellisa Reed; sister Dorothy LaCascio of Tucson, Arizona; and brother Malcolm E. Reed, of Harrison, Arkansas; and
Whereas, It is fitting to honor John H. Reed, Jr. for his service to his community, his state and his country by naming the Dunbar Toll Bridge as the "John H. Reed, Jr. Memorial Bridge"; therefore, be it
Resolved by the West Virginia Legislature:
That the Legislature hereby requests the Division of Highways to name the bridge known as the Dunbar Toll Bridge on County Route 25/47, 0.1 mile north of the junction of U.S. Route 60 and crossing U.S. Route 60 and the Great Kanawha River, near South Charleston, West Virginia, otherwise identified as bridge number 20A337, as the "John H. Reed, Jr. Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "John H. Reed, Jr. Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation and to the family of John H. Reed, Jr.
Petitions

Delegates Perry, Staggers and Louisos presented a petition on behalf of residents of their district, expressing support of the Defense of Marriage Amendment; which was referred to the Committee on Constitutional Revision.
Delegates Perry, Staggers and Louisos presented a petition on behalf of residents of their district, expressing support of H. B. 2502, Creating and issuing special registration plates bearing the inscription "In God We Trust"; which was referred to the Committee on Roads and Transportation.
Miscellaneous Business

Delegate Hartman announced that he was absent on the vote was taken on Roll No. 332, and that had he been present, he would have voted "Yea" thereon.
Delegate Ireland announced that he was absent when the vote was taken on Roll No. 327, and that had he been present, he would have voted "Yea" thereon.
Delegate Moore announced that he was absent on when the votes were taken on Roll Nos. 296 through 330, and that had he been present, he would have voted "Yea" thereon.
Leaves of Absence

At the request of Delegate Boggs, and by unanimous consent, leave of absence for the day was granted Delegate Shook.
At 6:03 p.m., the House of Delegates adjourned until 10:00 a.m., Thursday, April 10, 2009.

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