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Sunday, March 4, 2007

FIFTY-FOURTH DAY

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



The House of Delegates met at 5:00 p.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 Friday, March 2, 2007, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

Chairman White, from the Committee on Finance, submitted the following report, which was

received:
Your Committee on Finance has had under consideration:
S. B. 490, Relating to Underground Storage Tank Insurance Fund,
S. B. 573, Creating programs to monitor physicians, podiatrists and physician assistants who are recovering substance abusers,
And,
S. B. 588, Removing tax expiration date on manufacturing or production of synthetic fuel from coal,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
S. B. 708, Modifying registration requirements of charities,
And reports the same back with the recommendation that it do pass.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 460, Providing notice to Division of Natural Resources, Division of Forestry and state forest superintendent relating to oil and gas access roads,
And,
S. B. 615, Authorizing certain municipalities to enter into contracts for electric power purchase,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 400, Appointing additional circuit court judges,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 400) was referred to the Committee on Finance.
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:
H. B. 2908, Removing an outdated reference to the assessed value of livestock used to determine the value of livestock killed by a bear.
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. 3090, Transferring the Weston State Hospital Institutional Farm to the Department of Health and Human Resources.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 31 - "Requesting the Department of Administration name the Capitol Complex parking building the 'Oshel B. Craigo Parking Building'."
Whereas, Oshel B. Craigo was elected to the West Virginia House of Delegates in 1980 and elected to the Senate in 1982, where he served until 2002; and
Whereas, The Honorable Oshel B. Craigo is a prominent West Virginia businessman, with ventures in 20 counties and three other states; and
Whereas, During his tenure in the Senate, the Honorable Oshel B. Craigo served as the Senate Majority Leader during the 71st Legislature and as Chairman of the Senate Committee on Finance during the 72nd, 73rd, 74th and 75th Legislatures; and
Whereas, As Chairman of the Senate Committee on Finance, the Honorable Oshel B. Craigo was instrumental in securing the $5.6 million needed for construction of the Capitol Complex parking building, a four-level structure that accommodates 788 parking spaces; and
Whereas, It is fitting that the Capitol Complex parking building be named the "Oshel B. Craigo Parking Building" in recognition of the public service of the Honorable Oshel B. Craigo; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Department of Administration to name the Capitol Complex parking building the "Oshel B. Craigo Parking Building"; and, be it
Further Resolved, That the Department of Administration is requested to have made and be placed signs identifying the Capitol Complex parking building as the "Oshel B. Craigo Parking Building"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Administration and to the Honorable Oshel B. Craigo.
Resolutions Introduced

Delegates Iaquinta, Amores, Anderson, Andes, Argento, Armstead, Ashley, Azinger, Barker, Boggs, Brown, Browning, Burdiss, Campbell, Canterbury, Caputo, Craig, Crosier, DeLong, Doyle, Duke, Eldridge, Ellis, Ennis, Evans, Fragale, Frederick, Guthrie, Hatfield, Ireland, Klempa, Long, Longstreth, Mahan, Manchin, Marshall, Martin, Michael, Miley, Moore, Morgan, Moye, Palumbo, Paxton, Perdue, Perry, Pethtel, Pino, M. Poling, Proudfoot, Rodighiero, Romine, Rowan, Schadler, Schoen, Shaver, Sobonya, Spencer, Staggers, Stalnaker, Stephens, Swartzmiller, Tansill, Tucker, Varner, Wells, Williams, Wysong and Yost offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 63 - "Requesting the Joint Committee on Government and Finance study creating a program to prepare military veterans for careers in construction project scheduling."
Whereas, Construction project scheduling is not offered in colleges or universities as a major or minor discipline, but is limited in scope as part of a major course of study, such as engineering; and
Whereas, Due to a lack of formalized training schedulers are difficult to obtain and many major construction companies must develop or "grow" their own project schedulers; and
Whereas, With four to six weeks of training, a construction project scheduler can earn a salary of around forty thousand dollars per year, with significant increases after several years' experience, in today's market; and
Whereas, The first step would be to develop a facility that recruits and evaluates veterans who express an interest in becoming a project scheduler; to identify viable candidates; to formally school them in the most universally accepted project management software available, such as Primavera Project Manager; and to provide additional and specialized training to acquaint veterans with general construction terms and techniques; and
Whereas, Upon completion of this training, veterans would be issued a laptop computer loaded with the necessary software and given a living allowance until receipt of several paychecks; and
Whereas, Veterans would then be offered to firms and facilities needing their services while remaining in close contact with the veteran's training facility, which would provide veterans with support during the first several months of their new employment; and
Whereas, With the right presentation, such companies might be willing to seize the opportunity to help veterans from the present and other conflicts by financing training and providing employment for veterans in order to bolster their public image; and
Whereas, West Virginia construction firms would, no doubt, be willing to assist in the training and placement of veterans as project schedulers; and
Whereas, Primavera Systems is already willing to negotiate training and software prices for marketing considerations; and
Whereas, Providing veterans (priority to wounded veterans) with the training necessary to become a construction project scheduler would represent an opportunity to provide good paying jobs for veterans while becoming a much-needed project-scheduler resource for the construction industry; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study creating a program to prepare military veterans for careers in construction project scheduling; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2008, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegates White and Kominar offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 64 - "Requesting the Division of Highways to name the bridge at Puritan Mines in Mingo County 'The Steven Mahon Bridge' in memory of Steven Mahon."
Whereas, Steven Mahon graduated from Matewan High School in 1988 where he actively participated in organized sports, including football, basketball, baseball and track; and
Whereas, Steven Mahon was a coal miner in Mingo County, descended from a rich and deeply rooted family tradition of working in the coal mines; and
Whereas, Steven Mahon was a hard working, loving and devoted family man, to his wife and daughter and to his parents, and he was a friend to all that knew him; and
Whereas, While Steven Mahon, calmly and stoically accepted the inherent risks and dangers associated with his chosen profession of coal mining on a daily basis, he tragically lost his life in a coal mine in October, 2001, while in the prime of his youth, sadly leaving behind his loving wife and his loving daughter - who at the time was only nine months old; and
Whereas, Steven Mahon resided in Ragland in Mingo County and traversed the bridge at Puritan Mines during his daily trek to work in the mines; and
Whereas, It would be a fitting memorial to this fine young man who tragically lost his life pursuing a way of life inextricably indigenous to the history and traditions of this state, to name the bridge he daily traversed in pursuing that life -in his memory; therefore, be it
Resolved by the Legislature:
That the Division of Highways is hereby requested to name the bridge at Puritan Mines in Mingo County, "The Steven Mahon Bridge;" and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to cause to be fabricated, signs - bearing the proclamation in bold and prominent fashion, "The Steven Mahon Bridge" and that such signs be placed at each entry way to the subject bridge; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to each of the following: The Commissioner of the Division of Highways, TaShonda Mahon and Jocelin McKenna Mahon (Mr. Mahon's widow and surviving daughter respectively), and to Windle and Wanda Mahon, Mr. Mahon's surviving parents.
Delegates Burdiss and Browning offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 65 - "Requesting the Division of Highways name the bridge numbered 0.01 and located at Route 54/4 in the City of Mullens, the 'Oscar Robert England Bridge'."
Whereas, Oscar Robert England was instrumental in the early development of the infrastructure of the City of Mullens that is still in use today; and
Whereas, Oscar Robert England served as street commissioner for the City of Mullens for over twenty years; and
Whereas, Oscar Robert England's family, friends, neighbors and the community where he worked and lived and that he loved and served, all agree that it would be a great and deserving honor to name this bridge in Mr. England's honor; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge numbered 0.01 and located on Route 54/4 in the City of Mullens, Wyoming County, West Virginia the "Oscar Robert England Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to erect appropriate signage at the entryway of each end of the bridge; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of Highways and to the Wyoming County Commission.
Delegates Caputo, Argento, Barker, Boggs, Brown, Burdiss, DeLong, Eldridge, Ellem, Ellis, Fleischauer, Fragale, Guthrie, Hamilton, Hatfield, Hrutkay, Hutchins, Iaquinta, Kessler, Klempa, Kominar, Long, Longstreth, Mahan, Manchin, Marshall, Martin, Miley, Moore, Moye, Paxton, Perdue, Perry, D. Poling, M. Poling, Rodighiero, Shook, Spencer, Staggers, Stephens, Talbott, Tucker, Webster, Wells, White and Yost offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 66 - "Requesting the Joint Committee on Government and Finance study the cost efficiency and effectiveness of employers, self insured for purposes of workers' compensation coverage, who self administer claims."
Whereas, Large employers who are self employed for purposes of workers' compensation coverage additionally self administer claims; and
Whereas, There is concern among some policy makers and government officials, that the self administration of claims by some self-insured employers may be affected by disincentives to provide coverage due purely to cost considerations and, consequently, that some legitimately injured employees may be denied coverage; and
Whereas, When employees who have clearly legitimate claims are denied coverage by self-insured employees as a result of cost considerations, an ensuing adversity is incurred by the claimant, and in some cases to the self-insured employer as well; and
Whereas, When self-administered employers deny coverage as a matter of due course, legitimate claimants are either forced to bear the financial burden related to their work-related injuries or otherwise abandon any hope of medical treatment; otherwise, the only alternative for the injured worker is to engage in costly litigation, which increases monetary costs to the state as well as attendant social costs to all involved; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the cost efficiency and effectiveness of employers, self insured for purposes of workers' compensation coverage, who self administer claims; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2008, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegates Sobonya, Reynolds, Morgan and C. Miller offered the following resolution, which was read by the Clerk as follows:
H. C. R. 67 - "Requesting the Division of Highways to name the cable barriers located between mile marker six and mile marker fifteen, on I-64, the 'Brian Keith Paul Cable Barriers'."
Whereas, Brian Keith Paul, born May 18, 1963 to Homer and Ina Paul of Barboursville, West Virginia, brother to Theresa Paul Vithalani, father to Megan, Lenza and Bryce Paul, and husband to Cathy Paul, passed away November 25, 2006, after a courageous battle with colon cancer; and
Whereas, Brian Keith Paul was a model citizen and a good father, active in the lives of his children, often volunteering to coach their various sports teams and determined to teach young people the value of dedication on and off the field. Indeed, Brian's motto was "Never Say Can't"; a motto, by which he lived, and a virtue that guided him in his pursuit to make I-64 safe for all travelers; and
Whereas, Brian Keith Paul was a third generation mechanic and vice president of Paul's Garage. As part of his occupation, he remediated, often fatal, car wrecks and preserved those person' belongings for collection by loved ones. His experience cleaning up car accident sites allowed him to witness the devastating effects car crashes have on people in our community; and
Whereas, Brian, in light of his unique perspective regarding vehicular accidents, formed the opinion that too many serious crossover collisions were occurring on said portion of I-64, particularly for lack of a median barrier; and
Whereas, Brian, in his efforts to better his community, doggedly pursued the Division of Highways, lobbying them to construct a barrier in the median between the eastbound and westbound lanes of said stretch of I-64; and
Whereas, His pursuit took hours of research and countless phone calls, often resulting in dead ends; and
Whereas, Brian persevered through this difficulty by staying true to his motto "Never Say Can't" and was successful in convincing local and state government officials to construct a median barrier which now spans from mile marker six to mile marker twenty-seven on I-64 and where this barrier has saved many lives. As such, the Legislature hereby acknowledges that Brian Keith Paul was instrumental in initiating the construction of said cable barrier project and finds that it is right and just to perpetuate and honor his memory by formally naming that stretch of cable barriers, the "Brian Keith Paul Cable Barriers"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the cable barriers located between mile marker six and mile marker fifteen, on I-64, the "Brian Keith Paul Cable Barriers"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways and to the family members of the late Brian Keith Paul.
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the resolution (H. C. R. 67) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Special Calendar

Unfinished Business

H. C. R. 24
, Everett Dillon Memorial Bridge; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. C. R. 49, The "Steven Wayne Smith Memorial Bridge"; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. C. R. 60, Requesting the Committee on Government and Finance to conduct a study of the requirements and restrictions for a license to operate a motor vehicle by individuals with impaired vision; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. C. R. 42, Requesting WV Legislature increase annual budget for vans for veterans' transportation; coming up in regular order, as unfinished business, was, on motion of Delegate DeLong, laid over one day.
S. C. R. 43, Requesting Congress erect national monument to motherhood, with emphasis on veterans' mothers; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. C. R. 49, Urging Governor sponsor establishment and maintenance of state cemetery for veterans; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. C. R. 50, Requesting WV congressional delegation sponsor national veterans' cemetery in southern WV; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Third Reading

S. B. 104, Establishing date Consolidated Public Retirement Board shall make annuity payments; 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. 255), and there were--yeas 94, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Cann, Ennis, Frederick, Miley and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 104) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 105, Imposing surcharge on certain fees due Deputy Sheriff Retirement 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. 256), and there were--yeas 94, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Cann, Ennis, Frederick, Miley and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 105) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 274, Authorizing Department of Transportation promulgate legislative rules; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 257), and there were--yeas 91, nays 3, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Lane, Walters and Wysong.
Absent And Not Voting: Cann, Ennis, Frederick, Miley and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 274) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 258), and there were--yeas 94, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Cann, Ennis, Frederick, Miley and Tucker.
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. 274) 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. 276, Authorizing Department of Military Affairs and Public Safety promulgate legislative rules; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 259), and there were--yeas 87, nays 7, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Border, Lane, C. Miller, Sobonya, Stalnaker, Walters and Wysong.
Absent And Not Voting: Cann, Ennis, Frederick, Miley and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 276) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 260), and there were--yeas 93, nays 1, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Sobonya.
Absent And Not Voting: Cann, Ennis, Frederick, Miley and Tucker.
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. 276) 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. 314, Authorizing Department of Education and the Arts promulgate legislative rules; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 261), and there were--yeas 91, nays 3, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Lane, Walters and Wysong.
Absent And Not Voting: Cann, Ennis, Frederick, Miley and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 314) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 262), and there were--yeas 94, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Cann, Ennis, Frederick, Miley and Tucker.
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. 314) 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. 335, Providing funding for WV Affordable Housing Trust Fund; on third reading, coming up in regular order, was, on motion of Delegate DeLong, laid over one day.
S. B. 484, 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. 263), and there were--yeas 94, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Cann, Ennis, Frederick, Miley and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 484) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 264), and there were--yeas 94, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Cann, Ennis, Frederick, Miley and Tucker.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 484) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Second Reading

Com. Sub. for S. B. 18, Requiring third party reimbursement for kidney disease screening; on second reading, coming up in regular order, was read a second time, and, at the request of Delegate DeLong, and by unanimous consent, the rule was suspended and the bill was advanced to third reading with an amendment pending.
Com. Sub. for S. B. 66, Relating to WV Community Corrections Fund; on second reading, coming up in regular order, was read a second time and ordered to third reading
Com. Sub. for S. B. 70, Providing penalties for employing unauthorized workers; on second reading, coming up in regular order, was read a second time, and, at the request of Delegate DeLong, and by unanimous consent, the rule was suspended and the bill was advanced to third reading with an amendment pending.
S. B. 134, Requiring employers provide contribution information to State Teachers Retirement System; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page two, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
"That §18-7A-13a, §18-7A-14 and §18-7A-23 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 7A. STATE TEACHERS RETIREMENT SYSTEM.
§18-7A-13a. Resumption of service by retired teachers.
(a) For the purpose of this section, reemployment of a former or retired teacher as a teacher shall in no way impair such the teacher's eligibility for a prior service pension, or any other benefit provided by this article.(b) Retired teachers, who qualified for an annuity because of age or service, may not receive prior service allowance from the retirement board when employed as a teacher and when regularly employed by the State of West Virginia. The payment of such the allowance shall be discontinued on the first day of the month within which such employment begins, and shall be resumed on the first day of the month succeeding the month within which such employment ceases. The annuity paid any such the teacher on first retirement resulting from the Teachers' Accumulation Fund and the Employers' Accumulation Fund shall continue throughout the governmental service and thereafter according to the option selected by the teacher upon first retirement.
(c) Retired teachers, who qualified for an annuity because of disability, shall receive no further retirement payments, if the retirement board finds that the disability of the teacher no longer exists; payment shall be discontinued on the first day of the month within which such the finding is made. If such the retired teacher returns to service as a teacher, he or she shall contribute to the Teachers' Accumulation Fund as a member of the system. His or her prior service eligibility, if any, shall not be impaired because of his or her disability retirement. His or her accumulated contributions and interest which were transferred to the benefit fund upon his or her retirement shall be returned to his or her individual account in the Teachers' Accumulation Fund, minus retirement payments received which were not supported by such contributions and interest. Upon subsequent retirement, he or she shall receive credit for all of his or her contributory experience, anything to the contrary in this article notwithstanding.
(d) Notwithstanding any provision of this code to the contrary, a person who retires under the system provided by this article may subsequently become employed on either a full-time, part- time basis or contract basis by any institution of higher education without any loss of retirement annuity or retirement benefits if the person's retirement commences between the effective date of the enactment of this section in two thousand two and the thirty-first day of December, two thousand two: Provided, That such the person shall not be eligible to participate in any other state retirement system provided by this code.
(e) The retirement board is herewith authorized to require of the retired teachers and their employers such reports as it deems necessary to effectuate the provisions of this section. §18-7A-14. Contributions by members; contributions by employers.
(a) At the end of each month every member of the retirement system shall contribute six percent of that member's monthly gross salary to the retirement board: Provided, That any member employed by the West Virginia Board of Directors of the State College System or the Board of Trustees of the University System at an a state institution of higher education under its control shall contribute on the member's full earnable compensation, unless otherwise provided in section fourteen-a of this article. The sums are due the Teachers Retirement System at the end of each calendar month in arrears and shall be paid not later than fifteen days following the end of the calendar month. Each remittance shall be accompanied by a detailed summary of the sums withheld from the compensation of each member for that month on forms, either paper or electronic, provided by the Teachers Retirement System for that purpose.
(b) Annually, the contributions of each member shall be credited to the member's account in the Teachers Retirement System Fund. The contributions shall be deducted from the salaries of the members as prescribed in this section, and every member shall be considered to have given consent to the deductions. No deductions, however, shall be made from the earnable compensation of any member who retired because of age or service, and then resumed service unless as provided in section thirteen-a of this article.
(c) The aggregate of employer contributions, due and payable under this article, shall equal annually the total deductions from the gross salary of members required by this section. Beginning the first day of July, one thousand nine hundred ninety-four, the rate shall be seven and one-half percent; beginning on the first day of July, one thousand nine hundred ninety-five, the rate shall be nine percent; beginning on the first day of July, one thousand nine hundred ninety-six, the rate shall be ten and one-half percent; beginning on the first day of July, one thousand nine hundred ninety- seven, the rate shall be twelve percent; beginning on the first day of July, one thousand nine hundred ninety-eight, the rate shall be thirteen and one-half percent; and beginning on the first day of July, one thousand nine hundred ninety-nine and thereafter, the rate shall be fifteen percent: Provided, That the rate shall be seven and one-half percent for any individual who becomes a member of the Teachers Retirement System for the first time on or after the first day of July, two thousand five or any individual who becomes a member of the Teachers Retirement System as a result of the merger contemplated in article seven-c of this chapter.
(d) Payment by an employer to a member of the sum specified in the employment contract minus the amount of the employee's deductions shall be considered to be a full discharge of the employer's contractual obligation as to earnable compensation.
(e) Each contributor shall file with the retirement board or with the employer to be forwarded to the retirement board an enrollment form showing the contributor's date of birth and other data needed by the retirement board.
§18-7A-23. Withdrawal and death benefits.
(a) Benefits upon withdrawal from service prior to retirement under the provisions of this article shall be as follows:
(a) (1) A contributor who withdraws from service for any cause other than death or retirement shall, upon application, be paid his or her accumulated contributions plus refund interest up to the end of the fiscal year preceding the year in which application is made, but in no event shall interest be paid beyond the end of five years following the year in which the last contribution was made: Provided, That such contributor, at the time of application, is then no longer under contract, verbal or otherwise, to serve as a teacher; or
(b) (2) If such contributor has completed twenty years of total service, he or she may elect to receive at retirement age an annuity which shall be computed as provided in this article: Provided, That if such contributor has completed at least five, but fewer than twenty, years of total service in this state, he or she may elect to receive at age sixty-two an annuity which shall be computed as provided in this article. The contributor must notify the retirement board in writing concerning such the election. If such the contributor has completed fewer than five years of service in this state, he or she shall be subject to the provisions as outlined in subsection (a) above subdivision (1) of this subsection.
(b) Benefits upon the death of a contributor prior to retirement under the provisions of this article shall be paid as follows:
(1) If the contributor was at least fifty years old and if his or her total service as a teacher was at least twenty-five years at the time of his or her death, then the surviving spouse of the deceased, provided the spouse is designated as the sole refund beneficiary, is eligible for an annuity computed as though the deceased were actually a retired teacher at the time of death, and had selected a survivorship option which pays the spouse the same monthly amount which would have been received by the deceased; or
(2) If the facts do not permit payment under the preceding paragraph (1) subdivision (1) of this subsection, then the following sum shall be paid to the refund beneficiary of the contributor: The contributor's accumulated contributions with refund interest up to the year of his or her death plus the amount of an amount equal to his or her accumulated employee contributions. The latter sum shall emanate from the Employer's Accumulation Fund."
The bill was then ordered to third reading.
S. B. 149, Repealing code section relating to Child Assessment or In-State Placement Fund; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 180, Offering tax-free distributions from certain retirement plans to pay certain premiums for public safety officers; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page three, section six-a, line thirty, following the word "includes", by inserting the words "premiums for".
The bill was then ordered to third reading.
Com. Sub. for S. B. 181, Relating to per diem compensation of Board of Banking and Financial Institutions' members; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page five, section one, line seventy-two, following the word "board", by inserting the words "not to exceed the amount authorized for expenses by section five, article two- a, chapter four of this code for the members of the Legislature for interim duties".
The bill was then ordered to third reading.
Com. Sub. for S. B. 182, Requiring Division of Banking employ same frequency of examination schedules as certain federal regulators; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 183, Providing Board of Banking and Financial Institutions authority to approve acquisitions of out-of-state banks; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 208, Providing Supreme Court and Consolidated Public Retirement Board notice when judge retires; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 387, Guaranteeing certain veterans bronze military grave markers; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Veterans Affairs and Homeland Security, was reported by the Clerk and adopted, amending the bill on page one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
"That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §24F-1-3a, to read as follows:
ARTICLE 1. VETERANS' GRAVE MARKERS.
§24F-1-3a. Setting of department of veterans affairs' grave markers by cemeteries and companies that set and install memorial monument markers.
All cemeteries, cemetery associations, cemetery companies and perpetual care cemetery companies, irrespective of how each may be defined in articles five, five-a and five-b, chapter thirty- five of this code, and companies that set and install memorial monument markers shall not deny a person or entity the opportunity for installation and maintenance of United States department of veterans' affairs grave markers at the graves of deceased United States armed forces veterans for the total charges authorized by section two, article one, chapter twenty-four-f of this code."
The bill was then ordered to third reading.
S. B. 389, Defining blue catfish as game fish; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 398, Authorizing Division of Motor Vehicles to suspend or refuse to register certain interstate commerce motor carriers; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 411, Creating Correctional Center Nursery Act; on second reading, coming up in regular order, was read a second time and, at the request of Delegate DeLong, and by unanimous consent, the rule was suspended and the bill was advanced to third reading with the committee amendment pending.
S. B. 413, Clarifying procedures for seizing abandoned, neglected or cruelly treated animals; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 414, Establishing flat fee for certain services by circuit clerks; 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:
"CHAPTER 38. LIENS.

ARTICLE 5B. SUGGESTION OF THE STATE AND POLITICAL SUBDIVISIONS; GARNISHMENT AND SUGGESTION OF PUBLIC OFFICERS.
§38-5B-4. Notice to judgment debtor of execution against salary or wages; time for service on officer of suggestee; fee.

A certified copy of an execution issued under this article against salary or wages shall be served by the clerk of the court who issued the execution upon the judgment debtor. Such service shall be made by the court or the clerk of the court who issued the execution by enclosing the copy in a postpaid wrapper , addressed to the judgment debtor or his agent authorized to accept service of process, and forwarding the same by registered mail, return receipt requested or his or her agent authorized to accept service of process, by certified mail, return receipt requested, and delivery restricted to the addressee. The day and hour of such mailing shall be clearly noted on the face of the original execution and the officer to whom it is delivered for collection shall not make service upon the proper officer until the expiration of five days from that time. The fee for service of notice under this section shall be twenty-five cents without any additional allowance for postage, registry fee, or other expenses incurred in effecting service.
CHAPTER 59. FEES, ALLOWANCES AND COSTS;

NEWSPAPERS; LEGAL ADVERTISEMENTS.

ARTICLE 1. FEES AND ALLOWANCES.
§59-1-11. Fees to be charged by clerk of circuit court.
(a) The clerk of a circuit court shall charge and collect for services rendered as such by the clerk the following fees and such fees which shall be paid in advance by the parties for whom such services are to be rendered:
(1) For instituting any civil action under the rules of civil procedure, any statutory summary proceeding, any extraordinary remedy, the docketing of civil appeals or any other action, cause, suit or proceeding, one hundred forty-five dollars, of which thirty dollars of that amount shall be deposited in the Courthouse Facilities Improvement Fund created by section six, article twenty-six, chapter twenty-nine of this code and ten dollars shall be deposited in the special revenue account created in section six hundred three, article twenty-six, chapter forty-eight of this code to provide legal services for domestic violence victims;
(2) For instituting an action for medical professional liability, two hundred sixty dollars, of which ten dollars of that amount shall be deposited in the Courthouse Facilities Improvement Fund created by section six, article twenty-six, chapter twenty-nine of this code;
(3) Beginning on and after the first day of July, one thousand nine hundred ninety-nine, for instituting an action for divorce, separate maintenance or annulment, one hundred thirty-five dollars;
(4) For petitioning for the modification of an order involving child custody, child visitation, child support or spousal support, eighty-five dollars; and
(5) For petitioning for an expedited modification of a child support order, thirty-five dollars.
(b) In addition to the foregoing fees, the following fees shall likewise be charged and collected:
(1) For preparing an abstract of judgment, five dollars;
(2) For any transcript, copy or paper made by the clerk for use in any other court or otherwise to go out of the office, for each page, fifty cents;
(3) For action on suggestion, ten twenty-five dollars;
(4) For issuing an execution, ten twenty-five dollars;
(5) For issuing or renewing a suggestee execution, including copies, postage, registered or certified mail fees and the fee provided by section four, article five-a, chapter thirty-eight of this code, three twenty-five dollars;
(6) For vacation or modification of a suggestee execution, one dollar;
(7) For docketing and issuing an execution on a transcript of judgment from magistrate's court, three dollars;
(8) For arranging the papers in a certified question, writ of error, appeal or removal to any other court, ten dollars, of which five dollars of that amount shall be deposited in the Courthouse Facilities Improvement Fund created by section six, article twenty-six, chapter twenty-nine of this code;
(9) For postage and express and for sending or receiving decrees, orders or records, by mail or express, three times the amount of the postage or express charges;
(10) For each subpoena, on the part of either plaintiff or defendant, to be paid by the party requesting the same, fifty cents;
(11) For additional service (plaintiff or appellant) where any case remains on the docket longer than three years, for each additional year or part year, twenty dollars; and
(12) For administering funds deposited into a federally insured interest-bearing account or interest-bearing instrument pursuant to a court order, fifty dollars, to be collected from the party making the deposit. A fee collected pursuant to this subdivision shall be paid into the general county fund.
(c) The clerk shall tax the following fees for services in any criminal case against any defendant convicted in such court:
(1) In the case of any misdemeanor, eighty-five dollars; and
(2) In the case of any felony, one hundred five dollars, of which ten dollars of that amount shall be deposited in the Courthouse Facilities Improvement Fund created by section six, article twenty-six, chapter twenty-nine of this code.
(d) The clerk of a circuit court shall charge and collect a fee of twenty-five dollars per bond for services rendered by the clerk for processing of criminal bonds and the fee shall be paid at the time of issuance by the person or entity set forth below:
(1) For cash bonds, the fee shall be paid by the person tendering cash as bond;
(2) For recognizance bonds secured by real estate, the fee shall be paid by the owner of the real estate serving as surety;
(3) For recognizance bonds secured by a surety company, the fee shall be paid by the surety company;
(4) For ten percent recognizance bonds with surety, the fee shall be paid by the person serving as surety; and
(5) For ten percent recognizance bonds without surety, the fee shall be paid by the person tendering ten percent of the bail amount.
In instances in which the total of the bond is posted by more than one bond instrument, the above fee shall be collected at the time of issuance of each bond instrument processed by the clerk and all fees collected pursuant to this subsection (d) shall be deposited in the Courthouse Facilities Improvement Fund created by section six, article twenty-six, chapter twenty-nine of this code. Nothing in this subsection may be construed as authorizing the clerk to collect the above fee from any person for the processing of a personal recognizance bond; and.
(e) The clerk of a circuit court shall charge and collect a fee of ten dollars for services rendered by the clerk for processing of bailpiece and the fee shall be paid by the surety at the time of issuance. All fees collected pursuant to this subsection (e) shall be deposited in the Courthouse Facilities Improvement Fund created by section six, article twenty-six, chapter twenty-nine of this code.
(f) No such clerk shall be required to handle or accept for disbursement any fees, cost or amounts, of any other officer or party not payable into the county treasury, except it be on order of the court or in compliance with the provisions of law governing such fees, costs or accounts."
The bill was then ordered to third reading.
S. B. 416, Creating misdemeanor offenses for attempting to defeat drug or alcohol screening test; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 428, Establishing consumer identity theft protections; 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 eighteen, section one hundred four, line five, following the word "days", by inserting the words "following discovery or actual knowledge".
And,
On page nineteen, section one hundred four, line twenty-seven, following the word "days", by inserting the words "following discovery or actual knowledge".
At the request of Delegate Webster, and by unanimous consent, Com. Sub. for S. B. 428 was then placed at the foot of second reading.
S. B. 431, Regulating agricultural liming materials; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 489, Relating to PROMISE scholarship graduates report to Legislative Oversight Commission on Work Force Investment for Economic Development; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 512, Prohibiting requirement of polygraph examination in certain sexual offense allegations; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page two, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 6. MISCELLANEOUS PROVISIONS CONCERNING CRIMINAL

PROCEDURE.

§62-6-8. Alleged victim of sexual offense may not be required to submit to a polygraph examination or other truth telling device as a condition of investigating an alleged offense nor may prosecutors or law-enforcement officers decline to proceed if the victim refuses such examination.

No law-enforcement officer, prosecutor or any other government official may ask or require the adult, youth or child victim of an alleged sexual offense, as set forth in the provisions of section six, article eight, chapter sixty-one; section six, article twelve, chapter sixty-one; section five, article eight-D, chapter sixty-one; and article eight-B, chapter sixty-one, or any other sexual offense as defined under state or local law, to submit to a polygraph examination or other truth-testing examination as a condition for proceeding with the investigation of the alleged offense. No law- enforcement officer, prosecutor or any other government official may refuse to proceed with an investigation, warrant, indictment, information or prosecution of the alleged offense because the alleged victim refused to submit to such an examination."
The bill was then ordered to third reading.
S. B. 530, Authorizing voter not affiliated with any political party to vote in primary; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 596, Requiring municipal elections' personnel participate in training; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 603, Establishing 21st Century Tools for 21st Century Schools Technology Initiative; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Education, was reported by the Clerk and adopted, amending the bill on page two, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
"That §18-2E-7 and §18-9A-10 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 2E. HIGH QUALITY EDUCATIONAL PROGRAMS.
§18-2E-7. Providing for high quality basic skills development and remediation in all public schools.
(a) The Legislature finds that teachers must be provided the support, assistance and teaching tools necessary to meet individual student instructional needs on a daily basis in a classroom of students who differ in learning styles, learning rates and in motivation to learn. The Legislature further finds that attaining a solid foundation in the basic skills of reading, composition and arithmetic is essential for advancement in higher education, occupational and avocational pursuits and that computers are an effective tool for the teacher in corrective, remedial and enrichment activities. Therefore, the state board shall ensure that the resources to be used to provide services to students in the earliest grade level and higher grade levels as resources become available are included in the education technology strategic plan required by article two-j of this chapter. The provision of services to students shall be based on a plan developed by each individual school team.
Computer hardware and software shall be purchased in accordance with the education technology strategic plan adopted pursuant to article two-j of this chapter.
The state board shall develop and provide a program to ensure adequate teacher training, continuous teacher support and updates. The program shall be consistent with the education technology strategic plan adopted pursuant to article two-j of this chapter.
To the extent practicable, the technology shall be used to enhance student access to learning tools and resources outside of the normal school day, such as: Before and after school; in the evenings, on weekends and during vacations; and for student use for homework, remedial work, independent learning, career planning and adult basic education.
(b) The Legislature finds that the continued implementation of computer use under this section for high quality basic skills development and remediation in the middle schools, junior high schools and high schools is necessary to meet the goal that high school graduates will be prepared fully for college, other post-secondary education or gainful employment. Further, the implementation should provide a technology infrastructure at the middle schools, junior high schools and high schools capable of supporting multiple technology based learning strategies designed to enable students to achieve at higher academic levels. The technology infrastructure should facilitate student development in the following areas:
(1) Attaining basic computer skills such as word processing, spreadsheets, data bases, internet usage, telecommunications and graphic presentations;
(2) Learning critical thinking and decision-making skills;
(3) Applying academic knowledge in real life situations through simulated workplace programs;
(4) Understanding the modern workplace environment, particularly in remote areas of the state, by bringing the workplace to the school;
(5) Making informed career decisions based upon information on labor markets and the skills required for success in various occupations;
(6) Gaining access to labor markets and job placement;
(7) Obtaining information and assistance about college and other post-secondary education opportunities and financial aid; and
(8) Other uses for acquiring the necessary skills and information to make a smooth transition from high school to college, other post-secondary education or gainful employment.
Therefore, the state board also shall address the findings of this subsection regarding the continued implementation of computer hardware and software and technical planning support in the middle schools, junior high schools and high schools of the state in the education technology strategic plan required by article two-j of this chapter.
§18-2E-7. Providing for twenty-first century instruction and learning in all public schools.
(a) The Legislature finds that:
(1) The knowledge and skills children need to succeed in the twenty-first century are changing dramatically and that West Virginia students must develop proficiency in twenty-first century content, technology tools and learning skills to succeed and prosper in life, in school and on the job;
(2) Students must be equipped to live in a multitasking, multifaceted, technology-driven world;
(3) The provision of twenty-first century technologies and software resources in grades pre- kindergarten through twelve is necessary to meet the goal that high school graduates will be prepared fully for college, other post-secondary education or gainful employment;
(4) This goal reflects a fundamental belief that the youth of the state exit the system equipped with the skills, competencies and attributes necessary to succeed, to continue learning throughout their lifetimes and to attain self-sufficiency;
(5) To promote twenty-first century learning, teachers must be competent in twenty-first century content and learning skills and must be equipped to fully integrate technology to transform instructional practice and to support twenty-first skills acquisition;
(6) For students to learn twenty-first century skills, students and teachers must have equitable access to high quality, twenty-first century technology tools and resources;
(7) When aligned with standards and curriculum, technology-based assessments can be a powerful tool for teachers; and
(8) Teachers must understand how to use technology to create classroom assessments for accurate, timely measurements of student proficiency in attainment of academic content and twenty- first century skills.
(b) The state board shall ensure that the resources to be used to provide technology services to students in grades pre-kindergarten through twelve are included in a West Virginia 21st Century Strategic Technology Learning Plan to be developed by the Department of Education as an integral component of the county and school electronic strategic improvement plans as required in section five of this article. The provision of technologies and services to students and teachers shall be based on a plan developed by each individual school team and aligned with the goals and objectives of the West Virginia 21st Century Strategic Technology Learning Plan. This plan shall be an integral component of the county and school electronic strategic improvement plans as required in section five of this article. Funds shall be allocated equitably to county school systems following peer review of the plans that includes providing necessary technical assistance prior to submission and allows timely review and approval by the West Virginia Department of Education. Technology tools, including hardware, software, network cabling, network electronics and related professional development, shall be purchased pursuant to the provisions of article three, chapter five-a of this code in the amount equal to anticipated revenues being appropriated and based on the approved county and school plans. County allocations that support this legislation shall adhere to state contract prices:
Provided, That contingent upon approval of the county technology plan, counties that identify, within that plan, specific software or peripheral equipment not listed on the state contract, but necessary to support implementation of twenty-first century skills, may request the West Virginia Department of Education to secure state purchasing prices for those identified items. Total expenditure to purchase these additional items may not exceed ten percent of the annual county allocation. To the extent practicable, the technology shall be used:
(1) To maximize student access to learning tools and resources at all times including during regular school hours, before and after school or class, in the evenings, on weekends and holidays and for public education, noninstructional days and during vacations; and
(2) For student use for homework, remedial work, independent learning, career planning and adult basic education.
(c) The implementation of this section should provide a technology infrastructure capable of supporting multiple technology-based learning strategies designed to enable students to achieve at higher academic levels. The technology infrastructure should facilitate student development by addressing the following areas:
(1) Mastery of rigorous core academic subjects in grades prekindergarten through eight by providing software, other technology resources or both aligned with state standards in reading, mathematics, writing, science, social studies, twenty-first century learning skills and twenty-first century learning tools;
(2) Mastery of rigorous core academic subjects in grades nine through twelve by providing appropriate twenty-first century technology tools aligned with state standards for learning skills and technology tools;
(3) Attainment of twenty-first century skills outcomes for all students in the use of technology tools and learning skills;
(4) Proficiency in new, emerging twenty-first century content;
(5) Participation in relevant, contextual instruction that uses dynamic, real-world contexts that are engaging and meaningful for students, making learning relevant to life outside of school and bridging the gap between how students live and how they learn in school;
(6) Ability to use digital and emerging technologies to manage information, communicate effectively, think critically, solve problems, work productively as an individual and collaboratively as part of a team and demonstrate personal accountability and other self-directional skills;
(7) Providing students with information on post-secondary educational opportunities, financial aid and the skills and credentials required in various occupations that will help them better prepare for a successful transition following high school;
(8) Providing greater access to advanced and other curricular offerings than could be provided efficiently through traditional on-site delivery formats, including increasing student access to quality distance learning curricula and online distance education tools;
(9) Providing resources for teachers in differentiated instructional strategies, technology integration, sample lesson plans, curriculum resources and online staff development that enhance student achievement; and
(10) Providing resources to support basic skills acquisition and improvement at the above mastery and distinguished levels.
(d) Developed with input from appropriate stakeholder groups, the West Virginia 21st Century Strategic Technology Learning Plan shall be an integral component of the electronic strategic county and school improvement plans as required in section five of this article. The West Virginia 21st Century Strategic Technology Learning Plan shall be comprehensive and shall address, but not necessarily be limited to, the following provisions:
(1) Allocation of adequate resources to provide students with equitable access to twenty-first century technology tools, including instructional offerings and appropriate curriculum, assessment and technology integration resources aligned to both the content and rigor of state content standards as well as to learning skill and technology tools;
(2) Providing students and staff with equitable access to a technology infrastructure that supports the acquisition of twenty-first century skills, including the ability to access information, solve problems, communicate clearly, make informed decisions, acquire new knowledge, construct products, reports and systems, and access online assessment systems;
(3) Inclusion of various technologies that enable and enhance the attainment of twenty-first century skills outcomes for all students;
(4) Collaboration with various partners, including parents, community organization, higher education, schools of education in colleges and universities, employers and content providers;
(5) Seeking of applicable federal government funds, philanthropic funds, other partnership funds or any combination of those types of funds to augment state appropriations and encouraging the pursuit of funding through grants, gifts, donations or any other sources for uses related to education technology;
(6) Sufficient bandwidth to support teaching and learning and to provide satisfactorily for instructional management needs;
(7) Protection of the integrity and security of the network, as well as student and administrative workstations;
(8) Flexibility to adjust the plan based on developing technology, federal and state requirements and changing local school and county needs;
(9) Incorporation of findings based upon validation from research-based evaluation findings from previous West Virginia-based evaluation projects;
(10) Continuing study of emerging technologies for application in a twenty-first century learning environment and inclusion in the technology plan, as appropriate;
(11) An evaluation component to determine the effectiveness of the program and make recommendations for ongoing implementation;
(12) A program of embedded, sustained professional development for teachers that is strategically developed to support a twenty-first century education for all students and that aligns with state standards for technology, integrates twenty-first century skills into educational practice and supports the implementation of twenty-first century software, technology and assessment resources in the classroom;
(13) Providing for uniformity in technological hardware and software standards and procedures;
(14) The strategy for ensuring that the capabilities and capacities of the technology infrastructure is adequate for acceptable performance of the technology being implemented in the public schools;
(15) Providing for a comprehensive, statewide uniform, integrated education management and information system for data collection and reporting to the Department of Education, as provided in section twenty-six, article two of this chapter and commonly referred to as the West Virginia Education Information System;
(16) Providing for an effective model for the distance delivery, virtual delivery or both types of delivery of instruction in subjects where there exists low student enrollment or a shortage of certified teachers or where the delivery method substantially improves the quality of an instructional program such as the West Virginia Virtual School;
(17) Providing a strategy to implement, support and maintain technology in the public schools;
(18) Providing a strategy to provide ongoing support and assistance to teachers in integrating technology into twenty-first century instruction such as with technology integration specialists;
(19) A method of allowing public education to take advantage of appropriate bulk purchasing abilities and to purchase from competitively bid contracts initiated through the southern regional education board educational technology cooperative and the America TelEdCommunications Alliance;
(20) Compliance with United States Department of Education regulations and Federal Communications Commission requirements for federal E-rate discounts; and
(21) Other provisions as considered appropriate, necessary or both to align with applicable guidelines, policies, rules, regulations and requirements of the West Virginia Legislature, the Board of Education and the Department of Education.
(e) Any state code and budget references to the Basic Skills/Computer Education Program and the SUCCESS Initiative will be understood to refer to the statewide technology initiative referenced in this section, commonly referred to as the 21st Century Tools for 21st Century Schools Technology Initiative.
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.

§18-9A-10. Foundation allowance to improve instructional programs.

(a) For each school year, beginning on the first day of July, one thousand nine hundred ninety-eight, and thereafter, the sum of the allocations shall be the amount appropriated by the Legislature for those purposes: The total allowance to improve instructional programs shall be the sum of the following:
(1) For instructional improvement in accordance with county and school electronic strategic improvement plans required by section five, article two-e of this chapter, an amount equal to fifteen percent of the increase in the local share amount for the next school year above any required allocation pursuant to section six-b of this article shall be added to the amount of the appropriation for this purpose for the immediately preceding school year. The sum of these amounts shall be distributed to the counties as follows:
(A) One hundred fifty thousand dollars shall be allocated to each county;
(2) (B) Distribution to the counties of the remainder of these funds shall be made proportional to the average of each county's average daily attendance for the preceding year and the county's second month net enrollment. Moneys allocated by provision of this section shall be used to improve instructional programs according to a plan for instructional improvement which the affected county board shall file with the state board by the first day of August of each year, to be approved by the state board by the first day of September of that year if the plan substantially complies with standards to be adopted by the state board: the county and school electronic strategic improvement plans required by section five, article two-e of this chapter and approved by the state board: Provided, That notwithstanding any other provision of this code to the contrary, moneys allocated by provision of this section may also be used in the implementation and maintenance of the uniformintegrated regional computer information system.
(3) Up to twenty-five percent of this allocation may be used to employ professional educators and service personnel in counties after all applicable provisions of sections four, and five of this article have been fully utilized.
Prior to the use of any funds from this section for personnel costs, the county board must receive authorization from the state superintendent of schools. The state superintendent shall require the district county board to demonstrate: (1) The need for the allocation; (2) efficiency and fiscal responsibility in staffing; and (3) sharing of services with adjoining counties and the regional educational service agency for that county in the use of the total local district board budget; and (4) employment of technology integration specialists to meet the needs for implementation of the West Virginia 21st Century Strategic Technology Learning Plan. District County boards shall make application for available funds for the next fiscal year by the first day of May of each year. On or before the first day of June, the state superintendent shall review all applications and notify applying district county boards of the distribution of the allocation. The funds shall be distributed during the fiscal year appropriate. The state superintendent shall require the county board to demonstrate the need for an allocation for personnel based upon the county's inability to meet the requirements of state law or state board policy: Provided, That the funds available for personnel under this section may not be used to increase the total number of professional noninstructional personnel in the central office beyond four. The instructional improvement plan shall be made available for distribution to the public at the office of each affected county board; plus
(2) For the purposes of the West Virginia 21st Century Strategic Technology Learning Plan provided for in section seven, article two-e of this chapter, an amount equal to fifteen percent of the increase in the local share amount for the next school year above any required allocation pursuant to section six-b of this article shall be added to the amount of the appropriation for this purpose for the immediately preceding school year. For the two thousand seven - two thousand eight school year, the amount of the appropriation for this purpose for the immediately preceding school year means the amount of the appropriation to the department of education's technology infrastructure network for fiscal year two thousand seven. The sum of these amounts shall be allocated to the counties as provided in section seven, article two-e of this chapter to meet the objectives of the West Virginia 21st Century Strategic Technology Learning Plan; plus
(b) (3) An amount not less than the amount required to meet debt service requirements on any revenue bonds issued prior to the first day of January, one thousand nine hundred ninety-four, and the debt service requirements on any revenue bonds issued for the purpose of refunding revenue bonds issued prior to the first day of January, one thousand nine hundred ninety-four, shall be paid into the school building capital improvements fund created by section six, article nine-d of this chapter, and shall be used solely for the purposes of that article. The school building capital improvements fund shall not be utilized to meet the debt services requirement on any revenue bonds or revenue refunding bonds for which moneys contained within the school building debt service fund have been pledged for repayment pursuant to that section.
(b) When the school improvement bonds secured by funds from the school building capital improvements fund mature, the state board of education shall annually deposit an amount equal to twenty-four million dollars from the funds allocated in this section into the school construction fund created pursuant to the provisions of section six, article nine-d, chapter eighteen of this code to continue funding school facility construction and improvements.
(c) Any project funded by the school building authority shall be in accordance with a comprehensive educational facility plan which must be approved by the state board and the school building authority."
On motion of Delegate Poling, the amendment was amended on page fifteen, line twenty-one, section §18-9A-10(a)(2), following the words "education's technology infrastructure network" by inserting the words "for school system technology acquisitions".
The question before the House being the amendment by the Committee on Education, as amended, the same was put and prevailed.
The bill was then ordered to third reading.
Com. Sub. for S. B. 641, Defining term "PSC motor carrier inspectors and enforcement officers" for criminal provisions purposes; on second reading, coming up in regular order, was read a second time.
On motion of Delegate Webster , the bill was amended on page one, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 2. CRIMES AGAINST THE PERSON.

§61-2-10b. Malicious assault; unlawful assault; battery and recidivism of battery; assault on police officers, conservation officers, probation officers, humane officers, emergency medical service personnel, firefighters, fire marshal, Division of Forestry employees, Public Service Commission motor carrier inspectors, Public Service Commission weight enforcement officers, employees of an urban mass transportation system and county or state correctional employees; penalties.

(a) Malicious assault. -- Any person who maliciously shoots, stabs, cuts or wounds or by any means causes bodily injury with intent to maim, disfigure, disable or kill a police officer, probation officer, conservation officer, humane officer, emergency medical service personnel, firefighter, State Fire Marshal or employee, Division of Forestry employee, county correctional employee or state correctional employee, employee of an urban mass transportation system, or Public Service Commission motor carrier inspector or Public Service Commission weight enforcement officer acting in his or her official capacity and the person committing the malicious assault knows or has reason to know that the victim is a police officer, probation officer, conservation officer, humane officer, emergency medical service personnel, firefighter, State Fire Marshal or employee, Division of Forestry employee, county correctional employee, state correctional employee, employee of an urban mass transportation system, or Public Service Commission motor carrier inspector or Public Service Commision weight enforcement officer acting in his or her official capacity is guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility for not less than three nor more than fifteen years.
(b) Unlawful assault. -- Any person who unlawfully but not maliciously shoots, stabs, cuts or wounds or by any means causes a police officer, probation officer, conservation officer, humane officer, emergency medical service personnel, firefighter, State Fire Marshal or employee, Division of Forestry employee, county correctional employee or state correctional employee, employee of an urban mass transportation system, or Public Service Commission motor carrier inspector or Public Service Commission weight enforcement officer acting in his or her official capacity bodily injury with intent to maim, disfigure, disable or kill him or her and the person committing the unlawful assault knows or has reason to know that the victim is a police officer, probation officer, conservation officer, humane officer, emergency medical service personnel, firefighter, State Fire Marshal or employee, Division of Forestry employee, county correctional employee, state correctional employee, employee of an urban mass transportation system, or Public Service Commission motor carrier inspector or Public Service Commission weight enforcement officer acting in his or her official capacity is guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility for not less than two nor more than five years.
(c) Battery. -- Any person who unlawfully, knowingly and intentionally makes physical contact of an insulting or provoking nature with a police officer, probation officer, conservation officer, humane officer, emergency medical service personnel, firefighter, State Fire Marshal or employee, Division of Forestry employee, county correctional employee, state correctional employee, employee of a mass transportation system, or Public Service Commission motor carrier inspector or Public Service Commission weight enforcement officer acting in his or her official capacity, or unlawfully and intentionally causes physical harm to a police officer, probation officer, conservation officer, humane officer, emergency medical service personnel, firefighter, State Fire Marshal or employee, Division of Forestry employee, county correctional employee, state correctional employee, employee of an urban mass transportation system, or Public Service Commission motor carrier inspector or Public Service Commission weight enforcement officer acting in such capacity, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than one month nor more than twelve months, fined the sum of five hundred dollars, or both. If any person commits a second such offense, he or she is guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility for not less than one year nor more than three years or fined the sum of one thousand dollars or both fined and confined. Any person who commits a third violation of this subsection is guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility not less than two years nor more than five years or fined not more than two thousand dollars or both fined and confined.
(d) Assault. -- Any person who unlawfully attempts to commit a violent injury to the person of a police officer, probation officer, conservation officer, humane officer, emergency medical service personnel, firefighter, State Fire Marshal or employee, Division of Forestry employee, county correctional employee, state correctional employee, employee of a mass transportation system, or Public Service Commission motor carrier inspector or Public Service Commission weight enforcement officer acting in his or her official capacity, or unlawfully commits an act which places a police officer, probation officer, conservation officer, humane officer, emergency medical service personnel, firefighter, Division of Forestry employee, county correctional employee or state correctional employee, employee of a mass transportation system, or Public Service Commission motor carrier inspector or Public Service Commission weight enforcement officer acting in his or her official capacity in reasonable apprehension of immediately receiving a violent injury, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than twenty-four hours nor more than six months, fined not more than two hundred dollars, or both fined and confined.
(e) For purposes of this section:
(1) 'Police officer' means any person employed by the State Police, any person employed by the state to perform law-enforcement duties, any person employed by a political subdivision of this state who is responsible for the prevention or detection of crime and the enforcement of the penal, traffic or highway laws of this state or employed as a special police officer as defined in section forty-one, article three of this chapter.
(2) 'Employee of an urban mass transportation system' means any person employed by an urban mass transportation system as such is defined in section three, article twenty-seven, chapter eight of this code or by a system that receives federal transit administration funding under 49 U.S.C. §5307 or §5311.
(3) 'Division of Forestry employee' means an officer, agent, employee or servant, whether full-time or not, of the Division of Forestry."
The bill was then ordered to third reading.
S. B. 757, Extending time for Smithers city council to meet as levying body; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for H. B. 2518, Providing per diem payment to members of the Board of Banking and Financial Institutions in an amount equal to the amount paid to members of the Legislature for interim duties; on second reading, coming up in regular order, was, on motion of Delegate DeLong, laid upon the table.
Com. Sub. for S. B. 428, Establishing consumer identity theft protections; having been postponed in earlier proceedings, 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 eighteen, section one hundred four, line five, after the word "days", by inserting the words "following discovery or actual knowledge".
And,
On page nineteen, section one hundred four, line twenty-seven, after the word "days", by inserting the words "following discovery or actual knowledge".
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. 187, Relating to WV Performance Review Act,
S. B. 415, Authorizing magistrate courts assess fee for criminal records checks,
S. B. 435, Clarifying Consolidated Local Government Act,
Com. Sub. for S. B. 442, Relating to grievance procedures for certain state and educational employees,
S. B. 454, Renaming and restructuring Bureau of Employment Programs,
Com. Sub. for S. B. 539, Relating to Deputy Sheriff Retirement System,
S. B. 540, Providing tax credits for certain utility taxpayers,
Com. Sub. for S. B. 569, Creating special fuels taxes for deposit in Special Railroad and Intermodal Enhancement Fund,
Com. Sub. for S. B. 607, Providing elected political party executive committee members' term of office,
Com. Sub. for S. B. 610, Relating to electronic voting systems generally,
Com. Sub. for S. B. 617, Requiring voter history on statewide registration system,
S. B. 618, Relating to filing requirements for write-in candidates,
Com. Sub. for S. B. 619, Relating to election day procedures and preparation,
And,
S. B. 754, Clarifying restrictions on certain political contributions from political committees.
Leaves of Absence

At the request of Delegate DeLong, and by unanimous consent, leaves of absence for the day were granted Delegates Cann, Ennis, Frederick, Miley and Tucker.
At 5:46 p.m., the House of Delegates adjourned until 11:00 a.m., Monday, March 5, 2007.