hdj2008-03-04-56

__________*__________

Tuesday, March 4, 2008
FIFTY-SIXTH DAY
[Mr. Speaker, Mr. Thompson, in the Chair]

The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Monday, March 3, 2008, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
H. C. R. 3, Requesting the Joint Committee on Government and Finance to study current trends in juvenile crime and the impact of "boot camp" and "scared straight" disciplinary programs in reducing juvenile crime,
H. C. R. 15, Requesting the Joint Committee on Government and Finance to study the state of the delivery of health care in West Virginia,
H. C. R. 38, Requesting the Joint Committee on Government and Finance to study historical tourism in West Virginia and the allocation of funds for historical preservation,
S. C. R. 19, Requesting Division of Highways name bridge in Parkersburg, Wood County, "Blennerhassett Island Bridge",
And,
H. R. 30, Supporting the establishment of the History and Culture Institute of Mining in the State of West Virginia,
And reports the same back with the recommendation that they each be adopted.
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. 253, Defining "survey foot",
And,
Com. Sub. for S. B. 740, Reforming Berkeley County commission,
And reports the same back with the recommendation that they each do pass.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 349, Authorizing Miscellaneous Boards and Agencies promulgate legislative rules,
And,
Com. Sub. for S. B. 657, Creating Alcohol and Drug-Free Workplace Act,
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. 467, Reauthorizing Dam Safety Rehabilitation Revolving Fund,
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. 467) was referred to the Committee on Finance.
On motions for leave, resolutions were introduced (Originating in the Committee on Government Organization and reported with the recommendation that they each be adopted), which were read by their titles, as follows:

By Delegates Morgan, Martin, Argento, Beach, Caputo, Eldridge, Hartman, Hatfield, Higgins, Hutchins, Palumbo, D. Poling, Staggers, Talbott, Canterbury, Cowles, C. Miller, Porter, Rowan and Schoen:

H. C. R. 87 - "Requesting that the Joint Committee on Government and Finance authorize a study of the adoption of green building standards for the construction or renovation of public buildings."
Whereas, Energy costs for public buildings are skyrocketing; and
Whereas, Energy use by public buildings contributes substantially to the problems of pollution and global warming; and
Whereas, Public buildings can be built and renovated using high-performance methods that save energy costs, preserve the environment, and make workers and students more productive; and
Whereas, This Legislature is committed to more efficient expenditures of public funds and increased protection of the health and welfare of West Virginia residents; 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 of the adoption of green building standards for the construction or renovation of public buildings; and, be it
Further Resolved, That the Joint Committee on Government Finance report to the regular session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
By Delegates Morgan, Martin, Beach, Caputo, Eldridge, Hartman, Higgins, Palumbo, D. Poling, Swartzmiller, Andes, Canterbury, Cowles, C. Miller, Porter, Rowan and Schoen:

H. C. R. 88 - "Requesting that the Joint Committee on Government and Finance authorize a study of the policies and procedures for awarding vendor preferences in state purchasing contracts."
Whereas, The establishment of consistent policies and procedures for the contracting for commodities and services is necessary for the smooth operation of the various agencies in state government; and
Whereas, Certain consideration is given to persons and businesses that are located in this state or that employ residents of this state; and
Whereas, The Legislature recognizes the need to determine whether current vendor preferences result in the accomplishment of the goals set forth by the Legislature in enacting the vendor preferences; 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 of the policies and procedures for awarding vendor preferences in state purchasing contracts; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the Regular Session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct the study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

By Delegates Morgan, Martin, Argento, Caputo, Eldridge, Hartman, Higgins, Palumbo, D. Poling, Staggers, Andes, Canterbury, Porter, Rowan and Schoen:

H. C. R. 89 - "Requesting that the Joint Committee on Government and Finance authorize a study of the authority and structure of professional regulatory boards."
W HEREAS , The West Virginia Legislature is committed to protecting the public through the establishment of professional and occupational licensing boards and by periodically reviewing the performance of the regulatory boards; and
W HEREAS , Various performance audits of the licensing boards have alerted the Legislature to issues of policy which could be developed to further enhance the protection of the public; and
W HEREAS , Legislative review is necessary to clarify policy issues related to cease and desist orders for the unlicensed practice of a profession; establishing quorums and serving until successors are appointed; term limitations; lapsed and expired licenses; grace periods for license renewals; the issuance of certificates of authorizations; final orders of dismissal; civil and criminal penalties; requirements concerning website development; and other issues for which disparity may exist among the boards; 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 of the authority and structure of professional regulatory boards; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the Regular Session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the Legislative expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
By Delegates Morgan, Martin, Beach, Caputo, Eldridge, Hartman, Hatfield, Hutchins, Palumbo, D. Poling, Staggers, Andes, Canterbury, Cowles, C. Miller, Porter, Rowan and Schoen:

H. C. R. 90 - "Requesting that the Joint Committee on Government and Finance authorize a study of the law governing the West Virginia Board of Pharmacy."
Whereas, The practice of pharmacy has undergone dramatic changes in response to the development of technology and the needs of the citizens of West Virginia; and
Whereas, Free clinics, primary care centers and other providers of health care services have developed alternative modes of prescription drug delivery under the West Virginia statutes governing prescribers; and
Whereas, The increasing issue of prescription drug diversion means that a closer examination of home delivery services and the examination of more secure delivery systems such as remote dispensing may serve the interests of West Virginians; and
Whereas, The statute governing the Board of Pharmacy should be reviewed to consider any appropriate and necessary revisions to the laws and rules governing this profession; 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 of the law governing the West Virginia state Board of Pharmacy; and, be it
Further Resolved, That the Joint Committee on Government Finance report to the regular session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
By Delegates Morgan, Martin, Argento, Caputo, Eldridge, Hartman, Hatfield, D. Poling, Canterbury, Porter, Rowan and Schoen:

H. C. R. 91 - "Requesting that the Joint Committee on Government and Finance authorize a study of the law governing the West Virginia Board of Occupational Therapy."
Whereas, The Board regulating the profession of Occupational Therapist is charged with protecting the public health, safety and welfare, and to assure the availability of high quality occupational therapy services to the citizens of West Virginia; and
Whereas, Changes in the profession require updates in the framework that governs the board to ensure it functions properly; and
Whereas, The Legislature is committed to protecting the public through the licensure and regulation of professions and occupations in this state; and
Whereas, The statute governing the Board of Occupational Therapy should be reviewed to consider any appropriate and necessary revisions to the laws and rules governing this profession; 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 of the West Virginia Board of Occupational Therapy; and be it
Further Resolved, That the Joint Committee on Government and Finance report to the Regular Session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations and, be it
Further Resolved, That the Legislative expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
By Delegates Morgan, Martin, Argento, Caputo, Eldridge, Hartman, Canterbury, Porter and Rowan:

H. C. R. 92 - "Requesting that the Joint Committee on Government and Finance authorize a study of the law governing the Board of Registration for Sanitarians."
Whereas, The board regulating the profession of sanitarians is charged with protecting the public health, welfare and safety, and to ensure that registered sanitarians are qualified and have expertise in public health and environmental sanitation; and
Whereas, Changes in the profession require updates in the framework that governs the board to ensure it is functioning by modern standards; and
Whereas, The Legislature is committed to protecting the public through the licensure and regulation of professions and occupations in this state; and
Whereas, The statute governing the Board of Registration for Sanitarians should be reviewed to consider any appropriate and necessary revisions to the laws and rules governing this profession; 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 of the law governing the Board of Registration for Sanitarians; and be it
Further Resolved, That the Joint Committee on Government and Finance report to the Regular Session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations and, be it
Further Resolved, That the Legislative expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
By Delegates Morgan, Martin, Argento, Beach, Caputo, Eldridge, Hatfield, Higgins, Hutchins, Palumbo, D. Poling, Cowles, C. Miller, Porter, Rowan and Schoen:

H. C. R. 93 - "Requesting that the Joint Committee on Government and Finance authorize a study of the advisability and feasibility of the creation of a new professional licensure category of marriage and family therapy, including whether this new licensure category should be coordinated with the regulation of counselors or social workers."
Whereas, There is a shortage of professional behavioral health care services in West Virginia; and,
Whereas, It is in the public interest to provide the people of this state with sufficient, qualified professional behavioral health care services; and,
Whereas, West Virginia currently has professional licensure boards for counselors, social workers, psychologists, and other health care providers who now provide marriage and family therapy services; and,
Whereas, Many states have one licensing board regulating the practice of counseling, social work, and marriage and family therapy services, and this model should be examined by the Legislature and Legislative Auditor for application in this state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on Government and Finance to authorize a study of the advisability and feasibility of the creation of a new professional licensure category of marriage and family therapy, including whether this new licensure category should be coordinated with the regulation of counselors or social workers; and be it
Further Resolved, That the Joint Committee on Government and Finance report to the Regular Session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations and, be it
Further Resolved, That the Legislative expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
By Delegates Morgan, Martin, Argento, Beach, Caputo, Eldridge, Hartman, Hutchins, Palumbo, Andes, Canterbury, Porter, Rowan and Schoen:

H. C. R. 94 - "Requesting that the Joint Committee on Government and Finance authorize a study of the law governing the Board of Barbers and Cosmetologists."
Whereas, The Board regulating the profession of Barbers and Cosmetologists issued over thirteen thousand licenses in 2007; and
Whereas, Since the time of the board's inception, numerous changes have occurred in the practice of these professions that have not been incorporated into the regulatory framework governing the board; and
Whereas, The Legislature is committed to protecting the public through the licensure and regulation of professions and occupations in this state; and
Whereas, The statute governing the Board of Barbers and Cosmetologists should be reviewed to consider any appropriate and necessary revisions to the laws and rules governing these professions; 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 of the law governing the Board of Barbers and Cosmetologists; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the Regular Session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the Legislative expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
By Delegates Morgan, Martin, Argento, Beach, Caputo, Eldridge, Hartman, Hatfield, D. Poling, Talbott, Canterbury, Porter, Rowan and Schoen:

H. C. R. 95 - "Requesting that the Joint Committee on Government and Finance authorize a study of the law governing the Board of Registration for Foresters."
Whereas, The Board regulating the profession of forestry is charged with ensuring that foresters and forestry technicians are qualified to practice in forest protection and management; and
Whereas, The Board of Registration for Foresters has existed since 1963 and numerous changes have occurred in the profession that should be incorporated into the regulatory framework; and
Whereas, The Legislature is committed to protecting the public through the licensure and regulation of professions and occupations in this state; and
Whereas, The statute governing the Board of Registration for Foresters should be reviewed to consider any appropriate and necessary revisions to the laws and rules governing those profession; 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 of the law governing the Board of Registration for Foresters; and be it
Further Resolved, That the Joint Committee on Government and Finance report to the Regular Session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations and, be it
Further Resolved, That the Legislative expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
By Delegates Morgan, Martin, Argento, Caputo, Eldridge, Hartman, Hatfield, D. Poling, Staggers, Canterbury, C. Miller, Porter, Rowan and Schoen:

H. C. R. 96 - "Requesting that the Joint Committee on Government and Finance authorize a study of the law governing the West Virginia Board of Veterinary Medicine."
Whereas, The Board regulating the profession of veterinarians, registered veterinary technicians and certified animal euthanasia technicians was established to protect animals and the people who interact with them; and
Whereas, Changes in the profession require updates in the law that governs the board to ensure it is functioning by modern standards; and

Whereas, The Legislature is committed to protecting the public through the licensure and regulation of professions and occupations in this state; and
Whereas, The statute governing the West Virginia Board of Veterinary Medicine should be reviewed to consider any appropriate and necessary revisions to the laws and rules governing those professions; 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 of the law governing the West Virginia Board of Veterinary Medicine; and be it
Further Resolved, That the Joint Committee on Government and Finance report to the Regular Session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations and, be it
Further Resolved, That the Legislative expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
And,
By Delegates Morgan, Martin, Argento, Caputo, Eldridge, Hartman, Hatfield, Higgins, Palumbo, D. Poling, Talbott, Andes, Canterbury, C. Miller, Porter, Rowan and Schoen:

H. C. R. 97 - "Requesting that the Joint Committee on Government and Finance authorize a study on whether the West Virginia Partnership to Promote Community Well-Being established by Executive Order 8-04 should be codified."
Whereas, The United States Congress has declared that substance abuse is essentially a local problem, and is best addressed by coordinating the efforts of public and private agencies and by increasing the number and extent of prevention and intervention services;
Whereas, Congress has further declared its intention to assist state and local communities by making grants available to those states that establish and maintain a substance abuse and prevention and intervention planning body;
Whereas, Pursuant to the declarations of Congress, the Governor has established the West Virginia Partnership to Promote Community Well-Being by Executive Order No. 8-04;
Whereas, The Partnership has been working since its inception to strengthen substance abuse prevention systems, encourage the development of trained professional workforces, implement evidence-based programming, and support comprehensive and coordinated planning, research and evaluation services; and
Whereas, It may be in the best interest of the State of West Virginia to codify the Partnership to maintain and further encourage the receipt of federal assistance to the 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 on whether the West Virginia Partnership to Promote Community Well-Being established by Executive Order 8-04 should be codified; and, be it
Further Resolved, That the Legislature, the Governor, and all state agencies with representatives on the Partnership cooperate in the study of the codification of the West Virginia Partnership to Promote Community Well-Being; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
The Speaker referred the resolutions (H. C. R. 87, H. C. R. 88, H. C. R. 89, H. C. R.90, H. C. R.91, H. C. R.92, H. C. R.93, H. C. R.94, H. C. R.95, H. C. R.96 and H. C. R.97) to the Committee on Rules.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
S. B. 641, Creating Water Resources Protection and Management Act,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (S. B. 641) to the Committee on Finance was abrogated.
Chairman Fleischauer, from the Committee on Constitutional Revision, submitted the following report, which was received:
Your Committee on Constitutional Revision has had under consideration:
S. J. R. 12, Proposing amendment to Constitution designated Manufacturing Inventory and Tangible Personal Property Tax Exemption Amendment,
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 resolution (S. J. R. 12) was referred to the Committee on Finance.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
Com. Sub. for S. B. 208, Clarifying all Consolidated Public Retirement Board systems are included in employer pick-up provisions,
And,
S. B. 541, Continuing personal income tax adjustment to certain retirees' gross income,
And reports the same back with the recommendation that they each do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
Com. Sub. for S. B. 201, Providing terms for certain retirement benefits disqualification,
Com. Sub. for S. B. 207, Relating to Deputy Sheriff Retirement System Act,
Com. Sub. for S. B. 227, Relating to State Teachers Retirement System,
Com. Sub. for S. B. 477, Increasing conservation officers' salaries and length of service,
And,
Com. Sub. for S. B. 634, Creating Military Authority Act,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended.
At the respective requests of Delegate DeLong, and by unanimous consent, the bills received on committee reports which were not referred to a second committee in earlier proceedings were taken up for further consideration, each read a first time and ordered to second reading, as follows:
Com. Sub. for S. B. 201, Providing terms for certain retirement benefits disqualification,
Com. Sub. for S. B. 207, Relating to Deputy Sheriff Retirement System Act,
Com. Sub. for S. B. 208, Clarifying all Consolidated Public Retirement Board systems are included in employer pick-up provisions,
Com. Sub. for S. B. 227, Relating to State Teachers Retirement System,
S. B. 253, Defining "survey foot",
Com. Sub. for S. B. 349, Authorizing Miscellaneous Boards and Agencies promulgate legislative rules,
Com. Sub. for S. B. 477, Increasing conservation officers' salaries and length of service,
S. B. 541, Continuing personal income tax adjustment to certain retirees' gross income,
Com. Sub. for S. B. 634, Creating Military Authority Act.
S. B. 641, Creating Water Resources Protection and Management Act,
Com. Sub. for S. B. 657, Creating Alcohol and Drug-Free Workplace Act,
And,
Com. Sub. for S. B. 740, Reforming Berkeley County commission.
Messages from the Executive
Mr. Speaker, Mr. Thompson, laid before the House a communication from His Excellency, the Governor, which was read by the Clerk as follows:
State of West Virginia
OFFICE OF THE GOVERNOR
Charleston

February 29, 2008

EXECUTIVE MESSAGE NO. 2

The Honorable Richard Thompson
West Virginia House of Delegates
State Capitol
Charleston, West Virginia 25305

Dear Mr. Speaker:

Pursuant to the provisions of § 5-1-20 of the Code of West Virginia, I hereby certify that the following 2006-2007 annual reports have been received in the Office of the Governor:

1.Accountancy, West Virginia Board of

2.

Acupuncture, West Virginia Board of

Architects, West Virginia Board of

Attorney General, Office of the

Barbers and Cosmetologists, West Virginia Board of

Behavioral Health, Office of the Ombudsman for

Board of Education, West Virginia

Center for Excellence in Disabilities, West Virginia University

Child Enforcement Commission, West Virginia

10.

Children's Health Insurance Program, West Virginia Department of Administration

11.

Chiropractic, West Virginia Board of

12.

Commercial Motor Vehicle Weight and Safety Enforcement Advisory Committee, West Virginia Public Service Commission

13.

Community Corrections Act, West Virginia, Governor's Committee on Crime, Delinquency and Correction

14.

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

15.

Corrections, Division of, West Virginia Department of Military Affairs and Public Safety

16.

Counseling, West Virginia Board of Examiners in

17.

Court of Claims, West Virginia

18.

Court System, West Virginia Supreme Court of Appeals

19.

Deaf and Hard of Hearing, West Virginia Commission for the

20.

Dental Examiners, West Virginia Board of

21.

Development Office, West Virginia

22.

Dietitians, West Virginia Board of Licensed; 2006-2007 Annual Report and Biennium Report for 2004-2005 and 2005-2006

23.

Disability Retirement Experience, West Virginia State Police, by West Virginia Consolidated Public Retirement Board for Death, Disability and Retirement Fund (Plan A) and State Police Retirement System (Plan B.)

24.

Economic Development Authority, West Virginia

25.

Energy, Division of, West Virginia Department of Commerce

26.

Equal Employment Opportunity, West Virginia Office of

27.

Fire Commission, Fire Marshal's Office, West Virginia State

28.

Geological and Economic Survey, West Virginia

29.

Groundwater Programs and Activities, West Virginia Department of Environmental Protection; Biennial Report 2005-2007

30.

Head Start Program, P.R.I.D.E. in Logan, Inc.

31.

Human Rights Commission, West Virginia

32.

Juvenile Services, Division of, West Virginia Department of Military Affairs and Public Safety

33.

Labor, West Virginia Division of

34.

Logging Sediment Control Act, Division of Forestry, West Virginia Department of Commerce

35.

Long Term Care, Office of Health Facility Licensure and Certification, Department of Health and Human Resources

36.

Mason County Schools

37.

Medicine, West Virginia Board of ; Volumes I and II

38.

Massage Therapy Board, West Virginia

39.

Miners' Health, Safety and Training, Office of, West Virginia Department of Commerce

40.

Motor Vehicles, Division of, West Virginia Department of Transportation

41.

Natural Resources, Division of, West Virginia Department of Commerce

42.

Neighborhood Investment Program, West Virginia Development Office

43.

Nursing Home Administrators Licensing Board, West Virginia

44.

Oil and Gas Inspectors' Examining Board, West Virginia Department of Environmental Protection

45.

Osteopathy, West Virginia Board of

46.

Parole Board, West Virginia Department of Military Affairs and Public Safety

47.

Partnership to Promote Community Well-Being, West Virginia

48.

Physical Therapy, West Virginia Board of; Biennium Report

49.

Professional Engineers of West Virginia, State Board of Registration for

50.

Psychologists, West Virginia Board of Examiners of

51.

Public Employees Grievance Board, West Virginia Department of Administration

52.

Purchase of Commodities and Services from the Handicapped, Governor's Committee for, West Virginia Department of Administration.

53.

Real Estate Commission, West Virginia

54.

Registered Professional Nurses, West Virginia Board of Examiners for; Biennium Report 2005-2007

55.

Rehabilitation Services, Division of, West Virginia Department of Education and the Arts

56.

Risk and Insurance Management, West Virginia Board of

57.

Ron Yost Personal Assistance Services Board, West Virginia Statewide Independent Living Council, West Virginia Division of Rehabilitation Services

58.

Sanitarians, West Virginia Board of Registration for

59.

Senior Services, West Virginia Bureau of

60.

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

61.

State Police, West Virginia

62.

Statewide Independent Living Council, West Virginia Division of Rehabilitation Services, West Virginia Department of Education and the Arts

63.

Tax Increment Financing Act, West Virginia Development Office.

64.

Transportation Coordinating Council, West Virginia

65.

Veterans Affairs, Division of, West Virginia Department of Military Affairs and Public Safety

66.

Veterinary Medicine, West Virginia Board of

67.

Water Development Authority, West Virginia

68.

Workforce Investment Board, Inc., Northern Panhandle, Region 5

Very truly yours,

Joe Manchin III Governor.

Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
H. B. 4478, Limiting the mid-year transfer of certain school employees working with students with exceptionalities.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page three, section eight, line thirty-three, after the word "to", by inserting the word "county".
On page five, section eight, line fifty-seven, after the word "to", by inserting the word "county".
On page five, section eight, line sixty-one, after the word "to", by inserting the word "county".
On page five, section eight, line sixty-four, after the word "disorder;", by inserting the word "and".
On page six, section eight, line eighty, by striking out the words "autistic students" and inserting in lieu thereof the words "students with autism".
On page six, section eight, line ninety-two, by striking out the words "autistic students" and inserting in lieu thereof the words "students with autism".
And,
On page eight, section eight, line one hundred seventeen, by striking out "(10)" and inserting in lieu thereof "(j)".
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken, (Roll No. 250), 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: Frederick, Mahan and Tansill.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4478) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take effect from passage, a bill of the House of Delegates as follows:
H. B. 4677, Reducing the requirement that the Director of Personnel must have five years experience in personnel management.
On motion of Delegate DeLong, 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 §6-7-2a and §29-6-7 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.
ARTICLE 7. COMPENSATION AND ALLOWANCES.

§6-7-2a. Terms of certain appointive state officers; appointment; qualifications; powers and salaries of such officers.

(a) Each of the following appointive state officers named in this subsection shall be appointed by the Governor, by and with the advice and consent of the Senate. Each of the appointive state officers serves at the will and pleasure of the Governor for the term for which the Governor was elected and until the respective state officers' successors have been appointed and qualified. Each of the appointive state officers are subject to the existing qualifications for holding each respective office and each has and is hereby granted all of the powers and authority and shall perform all of the functions and services heretofore vested in and performed by virtue of existing law respecting each office.
Prior to the first day of July, two thousand six, each such named appointive state officer shall continue to receive the annual salaries they were receiving as of the effective date of the enactment of this section in two thousand six, and thereafter, notwithstanding any other provision of this code to the contrary, the annual salary of each named appointive state officer shall be as follows:
Commissioner, Division of Highways, ninety-two thousand five hundred dollars; Commissioner, Division of Corrections, eighty thousand dollars; Director, Division of Natural resources, seventy-five thousand dollars; Superintendent, State Police, eighty-five thousand dollars; Commissioner, Division of Banking, seventy-five thousand dollars;; Commissioner, Division of Culture and History, sixty-five thousand dollars; Commissioner, Alcohol Beverage Control Commission, seventy-five thousand dollars; Commissioner, Division of Motor Vehicles, seventy- five thousand dollars; ~~Director, Division of Personnel, seventy thousand dollars;~~ Chairman, Health Care Authority, eighty thousand dollars; members, Health Care Authority, seventy thousand dollars; Director, Human Rights Commission, fifty-five thousand dollars; Commissioner, Division of Labor, seventy thousand dollars; Director, Division of Veterans' Affairs, sixty-five thousand dollars; Chairperson, Board of Parole, fifty-five thousand dollars; members, Board of Parole, fifty thousand dollars; members, Employment Security Review Board, seventeen thousand dollars; and Commissioner, Bureau of Employment Programs, seventy-five thousand dollars. Secretaries of the departments shall be paid an annual salary as follows: Health and Human Resources, ninety-five thousand dollars; Transportation, ninety-five thousand dollars; Revenue, ninety-five thousand dollars; Military Affairs and Public Safety, ninety-five thousand dollars; Administration, ninety-five thousand dollars; Education and the Arts, ninety-five thousand dollars; Commerce, ninety-five thousand dollars; and Environmental Protection, ninety-five thousand dollars: Provided, That any increase in the salary of any current appointive state officer named in this subsection pursuant to the reenactment of this subsection during the regular session of the Legislature in two thousand six that exceeds five thousand dollars shall be paid to such officer or his or her successor beginning on the first day of July, two thousand six, in annual increments of five thousand dollars per fiscal year, up to the maximum salary provided in this subsection.
(b) Each of the state officers named in this subsection shall continue to be appointed in the manner prescribed in this code and, prior to the first day of July, two thousand six, each of the state officers named in this subsection shall continue to receive the annual salaries he or she was receiving as of the effective date of the enactment of this section in two thousand six, and shall thereafter, notwithstanding any other provision of this code to the contrary, be paid an annual salary as follows:
Director, Board of Risk and Insurance Management, eighty thousand dollars; Director, Division of Rehabilitation Services, seventy thousand dollars; Director, Division of Personnel, seventy thousand dollars; Executive Director, Educational Broadcasting Authority, seventy-five thousand dollars; Secretary, Library Commission, seventy-two thousand dollars; Director, Geological and Economic Survey, seventy-five thousand dollars; Executive Director, Prosecuting Attorneys Institute, seventy thousand dollars; Executive Director, Public Defender Services, seventy thousand dollars; Commissioner, Bureau of Senior Services, seventy-five thousand dollars; Director, State Rail Authority, sixty-five thousand dollars; Executive Director, Women's Commission, forty-five thousand dollars; Director, Hospital Finance Authority, thirty-five thousand dollars; member, Racing Commission, twelve thousand dollars; Chairman, Public Service Commission, eighty-five thousand dollars; members, Public Service Commission, eighty-five thousand dollars; Director, Division of Forestry, seventy-five thousand dollars; Director, Division of Juvenile Services, eighty thousand dollars; and Executive Director, Regional Jail and Correctional Facility Authority, eighty thousand dollars: Provided, That any increase in the salary of any current appointive state officer named in this subsection pursuant to the reenactment of this subsection during the regular session of the Legislature in two thousand six that exceeds five thousand dollars shall be paid to such officer or his or her successor beginning on the first day of July, two thousand six, in annual increments of five thousand dollars per fiscal year, up to the maximum salary provided in this subsection.
(c) Each of the following appointive state officers named in this subsection shall be appointed by the Governor, by and with the advice and consent of the Senate. Each of the appointive state officers serves at the will and pleasure of the Governor for the term for which the Governor was elected and until the respective state officers' successors have been appointed and qualified. Each of the appointive state officers are subject to the existing qualifications for holding each respective office and each has and is hereby granted all of the powers and authority and shall perform all of the functions and services heretofore vested in and performed by virtue of existing law respecting each office.
Prior to the first day of July, two thousand six, each such named appointive state officer shall continue to receive the annual salaries they were receiving as of the effective date of the enactment of this section in two thousand six, and thereafter, notwithstanding any other provision of this code to the contrary, the annual salary of each named appointive state officer shall be as follows:
Commissioner, State Tax Division, ninety-two thousand five hundred dollars; Commissioner, Insurance Commission, ninety-two thousand five hundred dollars; Director, Lottery Commission, ninety-two thousand five hundred dollars; Director, Division of Homeland Security and Emergency Management, sixty-five thousand dollars; and Adjutant General, ninety-two thousand five hundred dollars;
(d) No increase in the salary of any appointive state officer pursuant to this section shall be paid until and unless the appointive state officer has first filed with the State Auditor and the Legislative Auditor a sworn statement, on a form to be prescribed by the Attorney General, certifying that his or her spending unit is in compliance with any general law providing for a salary increase for his or her employees. The Attorney General shall prepare and distribute the form to the affected spending units.
CHAPTER 29. MISCELLANEOUS BOARDS AND COMMISSIONS.
ARTICLE 6. CIVIL SERVICE SYSTEM.
§29-6-7. Director of personnel; appointment; qualifications; powers and duties.
(a) The Secretary of the Department of Administration shall appoint the director. The director shall be a person knowledgeable of the application of the merit principles in public employment as evidenced by the obtainment of a degree in business administration, personnel administration, public administration or the equivalent ~~and~~ or at least five years of administrative experience in personnel administration. The salary for the director shall be that which is set out in section two-a, article seven, chapter six of this code.
(b) The director shall:
(1) Consistent with the provisions of this article, administer the operations of the division, allocating the functions and activities of the division among sections as the director may establish;
(2) Maintain a personnel management information system necessary to carry out the provisions of this article;
(3) Supervise payrolls and audit payrolls, reports or transactions for conformity with the provisions of this article;
(4) Plan, evaluate, administer and implement personnel programs and policies in state government and to political subdivisions after agreement by the parties;
(5) Supervise the employee selection process and employ performance evaluation procedures;
(6) Develop programs to improve efficiency and effectiveness of the public service, including, but not limited to, employee training, development, assistance and incentives, which, notwithstanding any provision of this code to the contrary, may include a one-time monetary incentive for recruitment and retention of employees in critically understaffed classifications. The director, in consultation with the board, shall determine which classifications are critically understaffed. The one-time monetary incentive program shall continue until the thirtieth day of June, two thousand nine. The director shall report annually on or before the thirty-first day of December, commencing in the year two thousand seven, to the Joint Committee on Government and Finance. The annual report shall provide all relevant information on the one-time monetary incentive program and the understaffed classifications in state agencies;
(7) Establish pilot programs and other projects for a maximum of one year outside of the provisions of this article, subject to approval by the board, to be included in the annual report;
(8) Establish and provide for a public employee interchange program and may provide for a voluntary employee interchange program between public and private sector employees;
(9) Establish an internship program;
(10) Assist the Governor and Secretary of the Department of Administration in general workforce planning and other personnel matters;
(11) Make an annual report to the Governor and Legislature and all other special or periodic reports as may be required;
(12) Assess cost for special or other services;
(13) Recommend rules to the board for implementation of this article; and
(14) Conduct schools, seminars or classes for supervisory employees of the state regarding handling of complaints and disciplinary matters and the operation of the state personnel system."
And,
By amending the title of the bill to read as follows:
H. B. 4677 - "A Bill to amend and reenact §6-7-2a and §29-6-7 of the Code of West Virginia, 1931, as amended, all relating to the Director of Personnel; clarifying appointment of director; and authorizing that the hiring requirement is education or experience."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken, (Roll No. 251), and there were--yeas 87, nays 10, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Armstead, Duke, Lane, C. Miller, J. Miller, Overington, Schoen, Sobonya, Sumner and Walters.
Absent And Not Voting: Frederick, Mahan and Tansill.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4677) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 252), and there were--yeas 90, nays 7, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Duke, C. Miller, Overington, Schoen, Sobonya, Sumner and Walters.
Absent And Not Voting: Frederick, Mahan and Tansill.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4677) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Petitions
Delegate Hamilton presented a petition on behalf of his constituents, requesting the Legislature to limit the tax funding of abortions; which was referred to the Committee on Finance.
Special Calendar
Unfinished Business
S. C. R. 40, Requesting Division of Highways name bridge in Cabell County, " Phyllis E. Given Memorial Bridge"; coming up in regular order, as unfinished business, was reported by the Clerk.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
The following resolutions, coming up in regular order, as unfinished business, were reported by the Clerk and adopted:
H. C. R. 71, Requesting the Joint Committee on Government and Finance to study compensating state troopers for off-duty time when required to be on standby to be called back to work,
H. C. R. 74, Requesting the Joint Committee on Government and Finance to study West Virginia's response to the problem of substance abuse,
H. C. R. 79, Requesting the Joint Committee on Government and Finance to study the feasibility of election day registration in and for the State of West Virginia,
H. C. R. 80, Requesting the Joint Committee on Government and Finance to make a study on promoting a safe and productive learning environment,
H. C. R. 81, Requesting the Joint Committee on Government and Finance to make a study on providing supplemental state aid for the instruction of english as a second language,
H. C. R. 82, Requesting the Joint Committee on Government and Finance to make a study to improve the efficiency of school level, county board and regional education service agency accounting practices and procedures,
And,
H. C. R. 83, Requesting that the Joint Committee on Government and Finance authorize a study of meeting and conference rights for members of certain fire departments.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Third Reading
S. B. 101, Exempting nonprofit companies providing electricity from property tax; on third reading, coming up in regular order, with an amendment pending, was reported by the Clerk.
At the request of Delegate DeLong, and by unanimous consent, the amendment by Delegates D. Poling and DeLong and was withdrawn.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 253), 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: Frederick, Mahan and Tansill.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 101) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 270, Eliminating provisions requiring circuit clerks handle and disburse inmate moneys; 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. 254), 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: Frederick, Mahan and Tansill.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill ( S. B. 270) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 272, Clarifying "telemarketing solicitation" definition; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 255), 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: Frederick, Mahan and Tansill.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill ( S. B. 272) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 493, Granting emergency election powers to Secretary of 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. 256), 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: Frederick, Mahan and Tansill.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 493) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 257), 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: Frederick, Mahan and Tansill.
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. 493) 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. 494, Providing voter verification through electronic poll book; 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. 258), 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: Frederick, Mahan and Tansill.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 494) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 259), 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: Frederick, Mahan and Tansill.
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. 494) 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. 495, Requiring certain poll worker training; 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. 260), 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: Frederick, Mahan and Tansill.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 495) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 261), 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: Frederick, Mahan and Tansill.
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. 495) 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. 496, Protecting voter registration information; 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. 262), 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: Frederick, Mahan and Tansill.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 496) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 263), 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: Frederick, Mahan and Tansill.
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. 496) 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. 505, Creating Veterans Cemetery Fund from lottery proceeds; 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. 264), 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: Frederick, Mahan and Tansill.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 505) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 265), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting and excused being as follows:
Absent And Not Voting: Frederick, Mahan and Tansill.
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. 505) 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. 507, Clarifying voting procedures; 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. 266), 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: Frederick, Mahan and Tansill.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 507) passed.
An amendment to the title of the bill, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for S. B. 507 - "A Bill to amend and reenact §3-1-20, §3-1-22, §3-1-29, §3-1-34 and §3-1-41 of the Code of West Virginia, 1931, as amended, all relating to general provisions and definitions for elections; requiring cards of instructions to voters to include notice as to effect of voting provisional ballot and right to request location of correct precinct; requiring posting of cards of instruction at voting places; requiring board of ballot commissioners to provide election officials with a list of county precincts and voter registration records; eliminating provisions requiring election official trainees to be volunteers receiving credits for high school diploma and to be appointed by county commission or municipality where the election is held; clarifying that prohibition against using counting board in special elections is discretionary with the county commission; requiring poll clerk to notify prospective voter of effect of voting provisional ballot and of correct precinct in which to vote; and updating language relating to signatures to reflect use of electronic poll books and other electronic devices."
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 267), 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: Frederick, Mahan and Tansill.
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. 507) take 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. 512, Increasing number of Records Management and Preservation Board members; 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. 268), 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: Frederick, Mahan and Tansill.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 512) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 269), 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: Frederick, Mahan and Tansill.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 512) 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. 514, Permitting electronic mail absentee voting; 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. 270), 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: Frederick, Mahan and Tansill.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 514) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 271), 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: Frederick, Mahan and Tansill.
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. 514) 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. 519, Extending Hazardous Waste Material Management Fee Fund sunset provision 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. 272), 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: Frederick, Mahan and Tansill.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 519) 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:
The Committee on Government Organization amended the title of the bill to read as follows:
Com. Sub. for S. B. 519 - "A Bill to amend and reenact §22-18-22 of the Code of West Virginia, 1931, as amended, relating to extending the termination date of the Hazardous Waste Management Fee Fund to the thirtieth day of June, two thousand ten."
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 273), 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: Frederick, Mahan and Tansill.
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. 519) 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. 580, Authorizing magistrate courts to accept unsigned citation 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. 274), 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: Frederick, Mahan and Tansill.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 580) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 619, Defining certain external defibrillators' user terms; 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. 275), 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: Frederick, Mahan and Tansill.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 619) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 654, Finding and declaring certain claims against state; on third reading, coming up in regular order, was read a third time.
Delegate Kessler requested to be excused from voting on the passage of S. B. 654 under the provisions of House Rule 49, stating that he was a direct recepient under the provisions of the bill.
Following consultation with the Clerk, the Speaker stated that he had examined the bill and found Delegate Kessler listed therein and excused the Gentleman from voting on the passage thereof. The question being on the passage of the bill, the yeas and nays were taken (Roll No. 276), and there were--yeas 96, nays none, excused from voting 1, absent and not voting 3, with the excused from voting and absent and not voting being as follows:
Excused from Voting: Kessler.
Absent And Not Voting: Frederick, Mahan and Tansill.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 654) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 277), and there were--yeas 96, nays none, excused from voting 1, absent and not voting 3, with the excused from voting and absent and not voting being as follows:
Excused from Voting: Kessler.
Absent And Not Voting: Frederick, Mahan and Tansill.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 654) 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. 775, Relating to state parks and state forests; 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. 278), 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: Frederick, Mahan and Tansill.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 775) passed.
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. 13, Relating to Dental Practice Act generally; 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 nine, section six, line twenty, following the word "practice", by inserting the following words "to be completed and filed as an emergency rule no later than the first day of July, two thousand eight".
The bill was then ordered to third reading.
Com. Sub. for S. B. 88, Creating brownfield economic development districts; 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, following line twenty-four, by adding a new subdivision to read as follows:
"'(5) The applicant shall own or control the property within the district.', and relettering the remaining subdivisions accordingly;".
On page three, section six-a, line twenty-seven, after"(6)" by striking out the word "Applicants" and inserting in lieu thereof the words "An applicant".
On page four, section six-a, line forty-six, following the words "conjunction with the", by striking out the words "governing board of" and inserting in lieu thereof the words "Regional Brownfield Assistance Centers".
On page four, section six-a, line forty-seven, following the words "as specified in", by inserting the words "section seven" followed by a comma.
On page four, section six-a, line forty-eight, following the word "article", by striking out the word "three" and inserting in lieu thereof the word "eleven".
And,
On page five, section six-a, line fifty-nine, following the words "first day of", by striking out the word "July" and inserting in lieu thereof the word "October".
The bill was then read a third time.
S. B. 217, Reducing compliance time for nonresident traffic violations; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
"That §8-10-2a of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §17B-3-3a of said code be amended and reenacted; and that §50-3-2a of said code be amended and reenacted, all to read as follows:
CHAPTER 8.
MUNICIPAL CORPORATIONS.
ARTICLE 10. POWERS AND DUTIES OF CERTAIN OFFICERS.

§8-10-2a. Payment of fines by credit cards or payment plan; suspension of driver's license for failure to pay motor vehicle violation fines or to appear in court.

(a) A municipal court may accept credit cards in payment of all costs, fines, forfeitures or penalties. A municipal court may collect a substantial portion of all costs, fines, forfeitures or penalties at the time such amount is imposed by the court so long as the court requires the balance to be paid within one hundred eighty days from the date of judgment and in accordance with a payment plan ~~which specifies~~: Provided, That all costs, fines, forfeitures or penalties imposed by the municipal court upon a nonresident of this state by judgment entered upon a conviction for a motor vehicle violation defined in section three-a, article three, chapter seventeen-b of this code must be paid within eighty days from the date of judgment. The payment plan shall specify: (1) The number of additional payments to be made; (2) the dates on which such payments and amounts shall be made; and (3) amounts due on such dates.
(b) If costs, fines, forfeitures or penalties imposed by the municipal court for motor vehicle violations as ~~described~~ defined in section three-a, article three, chapter seventeen-b of this code are not paid ~~within one hundred eighty days, or if a person who committed any such violation defaults on a payment plan as described in~~ within the time limits imposed pursuant to subsection (a) of this section, or if a person fails to appear or otherwise respond in court when charged with a motor vehicle violation as defined in section three-a, article three, chapter seventeen-b of this code, the municipal court must notify the commissioner of the division of motor vehicles of such failure to pay or failure to appear.
CHAPTER 17B. MOTOR VEHICLE DRIVER'S LICENSES.
ARTICLE 3. CANCELLATION, SUSPENSION OR REVOCATION OF LICENSES.

§17B-3-3a. Suspending license for failure to pay fines or penalties imposed by magistrate court or municipal court.

(a) The division shall suspend the license of any resident of this state or the privilege of a nonresident to drive a motor vehicle in this state upon receiving notice from a magistrate court or municipal court of this state, pursuant to subsection (b), section two-a, article three, chapter fifty or subsection (b), section two-a, article ten, chapter eight of this code, that such person has defaulted on the payment of costs, fines, forfeitures or penalties, which were imposed on the person by the magistrate court or municipal court by judgment entered upon conviction of any motor vehicle violation or that such person has failed to respond or appear in court when charged with a motor vehicle violation.
(b) The magistrate court or municipal court shall notify the division upon a default of payment as follows:
(1) For a resident of this state, after one hundred eighty days following ~~such conviction~~ the date of judgment upon the conviction; or
(2) For a nonresident of this state, after eighty days following the date of judgment upon the conviction. ~~or that such person has failed to appear in court when charged with a motor vehicle violation.~~
(c) For the purposes of this section, section two-a, article three, chapter fifty and section two-a, article ten, chapter eight, 'motor vehicle violation' shall be defined as any violation designated in chapter seventeen-a, seventeen-b, seventeen-c, seventeen-d or seventeen-e of this code, or the violation of any municipal ordinance relating to the operation of a motor vehicle for which the violation thereof would result in a fine or penalty: Provided, That any parking violation or other violation for which a citation may be issued to an unattended vehicle shall not be considered a motor vehicle violation for the purposes of this section, section two-a, article three, chapter fifty or section two-a, article ten, chapter eight of this code.
CHAPTER 50.
MAGISTRATE COURTS.
ARTICLE 3. COSTS, FINES AND RECORDS.

§50-3-2a. Payment by credit card or payment plan; suspension of licenses for failure to make payments or appear or respond; restitution; liens.

(a) A magistrate court may accept credit cards in payment of all costs, fines, fees, forfeitures, restitution or penalties in accordance with rules promulgated by the supreme court of appeals. Any charges made by the credit company shall be paid by the person responsible for paying the cost, fine, forfeiture or penalty.
(b) Unless otherwise required by law, a magistrate court may collect a portion of any costs, fines, fees, forfeitures, restitution or penalties at the time the amount is imposed by the court so long as the court requires the balance to be paid in accordance with a payment plan which specifies: (1) The number of payments to be made; (2) the dates on which the payments are due; and (3) the amounts due for each payment. The written agreement represents the minimum payments and the last date those payments may be made. The obligor or the obligor's agent may accelerate the payment schedule at any time by paying any additional portion of any costs, fines, fees, forfeitures, restitution or penalties.
(c) (1) If any costs, fines, fees, forfeitures, restitution or penalties imposed by the magistrate court in a criminal case are not paid within one hundred eighty days from the date of judgment and the expiration of any stay of execution, the magistrate court clerk or, upon judgment rendered on appeal, the circuit clerk shall notify the commissioner of the division of motor vehicles of the failure to pay: Provided, That in a criminal case in which a nonresident of this state is convicted of a motor vehicle violation defined in section three-a, article three, chapter seventeen-b of this code, the appropriate clerk shall notify the division of motor vehicles of the failure to pay within eighty days from the date of judgment and expiration of any stay of execution. Upon notice, the division of motor vehicles shall suspend any privilege the person defaulting on payment may have to operate a motor vehicle in this state, including any driver's license issued to the person by the division of motor vehicles, until all costs, fines, fees, forfeitures, restitution or penalties are paid in full. The suspension shall be imposed in accordance with the provisions of section six, article three, chapter seventeen-b of this code: Provided, That any person who has had his or her license to operate a motor vehicle in this state suspended pursuant to this subsection and his or her failure to pay is based upon inability to pay may, if he or she is employed on a full or part-time basis, petition to the circuit court for an order authorizing him or her to operate a motor vehicle solely for employment purposes. Upon a showing satisfactory to the court of inability to pay, employment and compliance with other applicable motor vehicle laws, the court shall issue an order granting relief.
(2) In addition to the provisions of subdivision (1) of this subsection, if any costs, fines, fees, forfeitures, restitution or penalties imposed or ordered by the magistrate court for a hunting violation described in chapter twenty of this code are not paid within one hundred eighty days from the date of judgment and the expiration of any stay of execution, the magistrate court clerk or, upon a judgment rendered on appeal, the circuit clerk shall notify the director of the division of natural resources of the failure to pay. Upon notice, the director of the division of natural resources shall suspend any privilege the person failing to appear or otherwise respond may have to hunt in this state, including any hunting license issued to the person by the division of natural resources, until all the costs, fines, fees, forfeitures, restitution or penalties are paid in full.
(3) In addition to the provisions of subdivision (1) of this subsection, if any costs, fines, fees, forfeitures, restitution or penalties imposed or ordered by the magistrate court for a fishing violation described in chapter twenty of this code are not paid within one hundred eighty days from the date of judgment and the expiration of any stay of execution, the magistrate court clerk or, upon a judgment rendered on appeal, the circuit clerk shall notify the director of the division of natural resources of the failure to pay. Upon notice, the director of the division of natural resources shall suspend any privilege the person failing to appear or otherwise respond may have to fish in this state, including any fishing license issued to the person by the division of natural resources, until all the costs, fines, fees, forfeitures, restitution or penalties are paid in full.
(d) (1) If a person charged with any criminal violation of this code fails to appear or otherwise respond in court, the magistrate court shall notify the commissioner of the division of motor vehicles thereof within fifteen days of the scheduled date to appear unless the person sooner appears or otherwise responds in court to the satisfaction of the magistrate. Upon notice, the division of motor vehicles shall suspend any privilege the person failing to appear or otherwise respond may have to operate a motor vehicle in this state, including any driver's license issued to the person by the division of motor vehicles, until final judgment in the case and, if a judgment of guilty, until all costs, fines, fees, forfeitures, restitution or penalties imposed are paid in full. The suspension shall be imposed in accordance with the provisions of section six, article three, chapter seventeen-b of this code.
(2) In addition to the provisions of subdivision (1) of this subsection, if a person charged with any hunting violation described in chapter twenty of this code fails to appear or otherwise respond in court, the magistrate court shall notify the director of the division of natural resources of the failure thereof within fifteen days of the scheduled date to appear unless the person sooner appears or otherwise responds in court to the satisfaction of the magistrate. Upon notice, the director of the division of natural resources shall suspend any privilege the person failing to appear or otherwise respond may have to hunt in this state, including any hunting license issued to the person by the division of natural resources, until final judgment in the case and, if a judgment of guilty, until all costs, fines, fees, forfeitures, restitution or penalties imposed are paid in full.
(3) In addition to the provisions of subdivision (1) of this subsection, if a person charged with any fishing violation described in chapter twenty of this code fails to appear or otherwise respond in court, the magistrate court shall notify the director of the division of natural resources of the failure thereof within fifteen days of the scheduled date to appear unless the person sooner appears or otherwise responds in court to the satisfaction of the magistrate. Upon notice, the director of the division of natural resources shall suspend any privilege the person failing to appear or otherwise respond may have to fish in this state, including any fishing license issued to the person by the division of natural resources, until final judgment in the case and, if a judgment of guilty, until all costs, fines, fees, forfeitures, restitution or penalties imposed are paid in full.
(e) In every criminal case which involves a misdemeanor violation, a magistrate may order restitution where appropriate when rendering judgment.
(f) (1) If all costs, fines, fees, forfeitures, restitution or penalties imposed by a magistrate court and ordered to be paid are not paid within one hundred eighty days from the date of judgment and the expiration of any stay of execution, the clerk of the magistrate court shall notify the prosecuting attorney of the county of nonpayment and provide the prosecuting attorney with an abstract of judgment. The prosecuting attorney shall file the abstract of judgment in the office of the clerk of the county commission in the county where the defendant was convicted and in any county wherein the defendant resides or owns property. The clerks of the county commissions shall record and index the abstracts of judgment without charge or fee to the prosecuting attorney and when so recorded, the amount stated to be owing in the abstract shall constitute a lien against all property of the defendant.
(2) When all the costs, fines, fees, forfeitures, restitution or penalties described in subdivision (1) of this subsection for which an abstract of judgment has been recorded are paid in full, the clerk of the magistrate court shall notify the prosecuting attorney of the county of payment and provide the prosecuting attorney with a release of judgment, prepared in accordance with the provisions of section one, article twelve, chapter thirty-eight of this code, for filing and recordation pursuant to the provisions of this subdivision. Upon receipt from the clerk, the prosecuting attorney shall file the release of judgment in the office of the clerk of the county commission in each county where an abstract of the judgment was recorded. The clerks of the county commissions shall record and index the release of judgment without charge or fee to the prosecuting attorney."
The bill was then ordered to third reading.
Com. Sub. for S. B. 234, Creating Maternal Mortality Review Team; 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 two, line two, following the word "the", by striking out the words "office of the Chief Medical Examiner" and inserting in lieu thereof the words "Office of Maternal Child and Family Health".
On page three, section two, line nine, following the word "The", by striking out the words "Chief medical Examiner" and inserting in lieu thereof the words "Director of the Office of Maternal Child and Family Health".
On page three, section two, line fourteen, following the word "The", by striking out the words "Director of the Office of Maternal Child and Family Health Program" and inserting in lieu thereof the words "Chief Medical Examiner".
On page three, section two, line twenty-five, following the word "the", by inserting the words "West Virginia".
On page three, section two, line twenty-seven, following the word "the", by striking out the word "State" and inserting in lieu thereof the words "West Virginia".
On page four, section two, line twenty-eight, following the word "the", by striking out the words "State Osteopathic Association", by inserting in lieu thereof the words "West Virginia Society of Osteopathic Medicine".
On page four, section two, line thirty, following the word "of", by striking out the words "private practice physicians" and inserting in lieu thereof the words "West Virginia Academy of Family Physicians".
On page four, section two, line thirty-two following the word "the", by striking out the word "State" and inserting in lieu thereof the word "American".
On page four, section two, line thirty-two, following the word "Nurse", by striking out the word "Midwifery" and inserting in lieu thereof the word "Midwives".
On page six, section three, line one, following the designation "(a)", by inserting the following "The Bureau of Public Health in consultation with".
On page six, section three, line one, following the designation "(a)", by striking out the word "The" and inserting in lieu thereof the word "the".
And,
On page six, section three, line two, following the word "of", by inserting the words "article three" followed by a comma.
The bill was then ordered to third reading.
S. B. 236, Eliminating obsolete election language; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 237, Repealing county officers' annual report requirement of certain expenditures; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 238, Increasing monetary limit to file circuit court suit; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
"That §50-4-8 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §51-2-2 of said code be amended and reenacted, all to read as follows:
CHAPTER 50. MAGISTRATE COURTS.
ARTICLE 4. PROCEDURE BEFORE TRIAL.
§50-4-8. Removal to circuit court.
At any time before trial in a civil action involving less than ~~three hundred~~ two thousand five hundred dollars the action may be removed to circuit court upon the concurrence of all parties and upon the payment of the circuit court filing fee. At any time before trial in a civil action involving ~~three hundred~~ two thousand five hundred dollars or more, any party may, upon payment of the circuit court filing fee, cause such action to be removed to the circuit court. All appropriate documents shall then be forwarded along with such fee to the clerk of the circuit court. The matter shall then be heard by the circuit court.
CHAPTER 51. COURTS AND THEIR OFFICERS.
ARTICLE 2. CIRCUIT COURTS; CIRCUIT JUDGES.
§51-2-2. Jurisdiction.
(a) The circuit court shall have supervision and control of all proceedings before magistrates, by mandamus, prohibition and certiorari. ~~They shall except~~
(b) Except in cases confined exclusively by the constitution to some other tribunal, the circuit court shall have original and general jurisdiction of all matters at law where the amount in controversy, ~~exclusive of~~ excluding interest, exceeds ~~three hundred~~ two thousand five hundred dollars: Provided, That the jurisdictional limit on amounts in controversy does not apply to real estate installment sales contracts. ~~of all cases of~~ habeas corpus, mandamus, quo warranto and prohibition; of all cases in equity, including jurisdiction in equity to remove any cloud on the title to real property, or any part thereof, or any estate, right or interest therein, and to determine questions of title with respect thereto, without requiring allegations or proof of actual possession of the same; and of all crimes and misdemeanors.
(c) The circuit court shall have original and general jurisdiction in all of the following matters:
(1) Habeas corpus;
(2) Mandamus;
(3) Quo warranto;
(4) Prohibition;
(5) Crimes; and
(6) Misdemeanors.
(d) The circuit court shall have original and general jurisdiction in all cases in equity, including jurisdiction in equity to remove any cloud on the title to real property, or any part of a cloud, or any estate, right or interest in the real property, and to determine questions of title with respect to the real property without requiring allegations or proof of actual possession of the real property.
(e) The circuit court ~~They~~ shall have appellate jurisdiction in all cases, civil and criminal, where an appeal, writ of error or supersedeas may be allowed to the judgment or proceedings of any inferior tribunal.
(f) The circuit court ~~They shall also have such~~ shall also have any other jurisdiction, whether supervisory, original, appellate or concurrent, as is or may be prescribed by law."
The bill was then ordered to third reading.
Com. Sub. for S. B. 242, Allowing point deduction for certain licensees attending defensive driving class; on second reading, coming up in regular order, was read a second time and ordered to third reading.
At 12:02 p.m., on motion of Delegate DeLong, the House of Delegates recessed until 1:30 p.m., and reconvened at that time.
* * * * * * * *
Afternoon Session
* * * * * * * *
Special Calendar
Second Reading
(Continued)
S. B. 263, Updating certain code provisions relating to Division of Corrections; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page five, section three, lines forty-six through fifty-one, by reinserting the following:
On page fourteen, section four, line two following the word "the", by reinserting the words "minimum qualification of a college degree with a major in criminal justice or a related field".
And,
On page fourteen, section four, line four, by striking out the words "same qualifications," and inserting in lieu thereof, the words "and the ".
The bill was then ordered to third reading.
S. B. 271, Establishing grievance procedure for State Police; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 286, Providing adult and child protective services workers personal immunity from civil liability ; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page five, section two, line fifty-eight, following the word "liability", by inserting the words "arising from the operation of a motor vehicle or".
And,
On page twelve, section nine, line one hundred twenty-one, following the word "liability", by inserting the words "arising from the operation of a motor vehicle or".
The bill was then ordered to third reading.
Com. Sub. for S. B. 292, Allowing Commissioner of Banking issue bond claims to collect certain unpaid penalties and invoices; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 305, Clarifying procedures for seizing neglected or abused animals; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 311, Allowing judges to order jurors from other counties in certain situations; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 317, Updating physician and podiatrist licensing requirements; 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 thirteen, section ten, line two hundred thirty-three, following the word "person", by inserting the words "not previously licensed in West Virginia".
The bill was then ordered to third reading.
Com. Sub. for S. B. 325, Relating to state employee deferred compensation plan ; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page two, section ten-a, line fifteen, following the word "dollars", by striking out "~~every pay period~~ for twelve monthly pay periods or twenty-four semimonthly pay periods" and inserting in lieu thereof the words "every pay period".
And,
On page three, section ten-a, line twenty-three, following the word "account", by striking out "for twelve monthly pay periods or twenty-four semimonthly pay periods".
The bill was then ordered to third reading.
S. B. 337, Eliminating obsolete language concerning Supreme Court Clerk; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 340, Requiring consumers' notification of information security breach; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 373, Authorizing Miscellaneous Boards and Agencies promulgate legislative rules; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:

"ARTICLE 3. AUTHORIZATION FOR DEPARTMENT OF ENVIRONMENT TO PROMULGATE LEGISLATIVE RULES.

§64-3-1. Department of Environmental Protection.
(a) The legislative rule filed in the State Register on the twenty-fifth day of July, two thousand seven, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the Department of Environmental Protection (emission standards for hazardous air pollutants 45 CSR 34), is authorized.
(b) The legislative rule filed in the State Register on the nineteenth day of December, two thousand seven, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the Department of Environmental Protection (ambient air quality standard for nitrogen dioxide, 45 CSR 12), is repealed.
(c) The legislative rule filed in the State Register on the nineteenth day of December, two thousand seven, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the Department of Environmental Protection (emission standards for hazardous air pollutants pursuant to 40 CFR part 61, 45 CSR 15), is repealed.
(d) The legislative rule filed in the State Register on the twenty-sixth day of July, two thousand seven, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the Department of Environmental Protection (standards of performance for new stationary sources 45 CSR 16), is authorized.
(e) The legislative rule filed in the State Register on the twenty-sixth day of July, two thousand seven, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the Department of Environmental Protection (control of air pollution from combustion of solid waste, 45 CSR 18), is authorized.
(f) The legislative rule filed in the State Register on the nineteenth day of December, two thousand seven, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the Department of Environmental Protection (to prevent and control emissions from hospital/medical/infectious waste incinerators, 45 CSR 24), is repealed.
(g) The legislative rule filed in the State Register on the twenty-sixth day of July, two thousand seven, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the Department of Environmental Protection (control of air pollution from hazardous waste treatment, storage and disposal facilities, 45 CSR 25), is authorized.
(h) The legislative rule filed in the State Register on the twenty-sixth day of July, two thousand seven, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the Department of Environmental Protection (control of annual nitrogen oxides emissions, 45 CSR 39), is authorized.
(i) The legislative rule filed in the State Register on the twenty-sixth day of July, two thousand seven, authorized under the authority of section four, article five, chapter twenty-two of this code, modified by the Department of Environmental Protection to meet the objections of the Legislative Rule-making Review Committee and refiled in the State Register on the fourteenth day of January, two thousand eight, relating to the Department of Environmental Protection (control of ozone season nitrogen oxides emissions, 45 CSR 40), is authorized.
(j) The legislative rule filed in the State Register on the twenty-sixth day of July, two thousand seven, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the Department of Environmental Protection (control of annual sulfur dioxide emissions, 45 CSR 41), is authorized.
(k) The legislative rule filed in the State Register on the twenty-sixth day of July, two thousand seven, authorized under the authority of section nineteen, article five, chapter twenty-two of this code, modified by the Department of Environmental Protection to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the fourteenth day of January, two thousand eight, relating to the Department of Environmental Protection (greenhouse gas emissions inventory program, 45 CSR 42), is authorized.
(l) The legislative rule filed in the State Register on the twenty-sixth day of July, two thousand seven, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the Department of Environmental Protection (control of air pollution from combustion of refuse, 45 CSR 6), is authorized.
(m) The legislative rule filed in the State Register on the twenty-sixth day of July, two thousand seven, authorized under the authority of section four, article five, chapter twenty-two of this code, modified by the Department of Environmental Protection to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the fourteenth day of January, two thousand eight, relating to the Department of Environmental Protection (ambient air quality standards, 45 CSR 8), is authorized.
(n) The legislative rule filed in the State Register on the nineteenth day of December, two thousand seven, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the Department of Environmental Protection (ambient air quality standards for carbon monoxide and ozone, 45 CSR 9), is repealed.
(o) The legislative rule filed in the State Register on the twenty-sixth day of July, two thousand seven, authorized under the authority of section four, article three-a, chapter twenty-two of this code, modified by the Department of Environmental Protection to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the nineteenth day of December, two thousand seven, relating to the Department of Environmental Protection (surface mining blasting, 199 CSR 1), is authorized, with the following amendments:
On page nine, section 3, after "3.8.a.", by inserting the following: At least thirty days prior to commencing blasting, an operator's designee shall notify in writing all owners and occupants of man-made dwellings or structures that the operator or operator's designee will perform preblast surveys.
(p) The legislative rule filed in the State Register on the twenty-sixth day of July, two thousand seven, authorized under the authority of section four, article three, chapter twenty-two of this code, modified by the Department of Environmental Protection to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the nineteenth day of December, two thousand seven, relating to the Department of Environmental Protection (surface mining reclamation, 38 CSR 2), is authorized, with the following amendments:
On pages one hundred twenty-six through one hundred thirty-two, by striking out subsection 11.8. in its entirety.
(q) The legislative rule filed in the State Register on the twenty-sixth day of July, two thousand seven, authorized under the authority of section three, article twenty-two, chapter twenty- two of this code, relating to the Department of Environmental Protection (voluntary remediation and development, 60 CSR 3), is authorized.
(r) The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand seven, authorized under the authority of section four, article twenty-five, chapter twenty- two of this code, relating to the Department of Environmental Protection (environmental excellence program, 60 CSR 8), is authorized.
(s) The legislative rule filed in the State Register on the twenty-fourth day of July, two thousand seven, authorized under the authority of section twenty-three, article fifteen, chapter twenty-two of this code, modified by the Department of Environmental Protection to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twentieth day of December, two thousand seven, relating to the Department of Environmental Protection (standards for beneficial use of filtrate from water treatment plants, 33 CSR 9), is authorized.
(t) The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand seven, authorized under the authority of section three, article fifteen-a, chapter twenty-two of this code, modified by the Department of Environmental Protection to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the seventeenth day of October, two thousand seven, relating to the Department of Environmental Protection (recycling assistance grant program, 33 CSR 10), is authorized, with the following amendments:
On page twelve, subdivision 5.1.10., after the words "telephone costs." by striking out the remainder of the subdivision and by inserting in lieu thereof the following: "Rent or lease charges related to a recycling program for a building, or office space are allowable expenditures. However, to obtain grant funds for rent or lease charges, the applicant shall provide the department with a copy of the written rental or lease agreement which shall exceed twenty years and meet the following criteria:
a. The rental or lease agreement shall not contain any cancellation or termination clause,
b. The rental or lease agreement shall not be transferrable, and
c. The rental or lease agreement shall not allow for subleasing;"
On page twelve, by striking out all of subdivision 5.1.11. and inserting in lieu thereof the following, to read as follows:
"5.1.11 Recycling Facility Construction, Improvement and Repairs -- A grant may be used for, but not limited to, new construction or repairs or minor improvements to an existing recycling facility, such as loading docks, sheds, structures, abutment walls, fences, roof repair, gravel or paving, if the land is owned or leased by the grantee. However, to obtain grant funds for construction, improvements and repairs for rental or leased property, the applicant shall provide the department a copy of the written rental or lease agreement which shall exceed twenty years and meet the criteria stated in subdivision 5.1.10. of this rule;"
On page thirteen, subdivision 5.2.2., by striking out the words "and buildings";
And,
On page thirteen, subdivision 5.2.7 after the words "(planting, mowing, weeding, etc.)", by inserting the words "unless the purpose is to provide natural screening to neighboring properties".
(u) The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand seven, authorized under the authority of section six, article eighteen, chapter twenty-two of this code, relating to the Department of Environmental Protection (hazardous waste management system, 33 CSR 20), is authorized.
(v) The legislative rule filed in the State Register on the twenty-sixth day of July, two thousand seven, authorized under the authority of section six, article seventeen, chapter twenty-two of this code, modified by the Department of Environmental Protection to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twentieth day of December, two thousand seven, relating to the Department of Environmental Protection (underground storage tanks, 33 CSR 30), is authorized.
(w) The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand seven, authorized under the authority of section four, article eleven, chapter twenty-two of this code, relating to the Department of Environmental Protection (National Pollutant Discharge Elimination System (NPDES) program, 47 CSR 10), is authorized.
(x) The legislative rule filed in the State Register on the twenty-sixth day of July, two thousand seven, authorized under the authority of section four, article eleven, chapter twenty-two of this code, modified by the Department of Environmental Protection to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the nineteenth day of December, two thousand seven, relating to the Department of Environmental Protection (WV/NPDES rules for coal mining facilities, 47 CSR 30), is authorized with the following amendments:
On page one, subsection 1.8., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page two, subsection 2.6., by striking out the word "Secretary's" and inserting in lieu thereof the word "Director's";
On page two, subsection 2.6., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page three, after subsection 2.14. by inserting a new subsection 2.15., to read as follows:
2.15. "Director" means the director of the Division of Water and Waste Management.;
And renumbering the remaining subsections;
On page three, subsection 2.17., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page three, subsection 2.18., by striking out the word "Secretary's" and inserting in lieu thereof the word "Director's";
On page four, subsection 2.28., after the words "by the", by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page four, subsection 2.28., after the words "with the", by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page four, subdivision 2.31.a., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page five, subsection 2.37., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page six, subsection 2.50., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page six, subsection 2.51., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page six, subparagraph 3.1.a.6.D, by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page seven, subparagraph 3.1.a.6.G, after the word "The" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page seven, subparagraph 3.1.a.6.G, after the words "when the" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page seven, subdivision 3.2.a., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page eight, subdivision 3.5.a., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page eight, subdivision 3.5.b., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page eight, paragraph 3.5.b.1., after the words "to the" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page eight, paragraph 3.5.b.1., after the words "application the" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page eight, paragraph 3.5.b.1., after the words "if the" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page eight, paragraph 3.5.b.2., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page eight, paragraph 3.5.c.1., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page eight, paragraph 3.5.d.1., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page eight, paragraph 3.5.d.3., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page nine, subsection 3.6., by striking out the word "Secretary" and inserting in lieu thereof the words "Director of the Division of Water and Waste Management";
On page nine, subdivision 3.6.a., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page nine, subdivision 3.6.b., after the words "adopted by the" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page nine, subdivision 3.6.b., after the words "enforced by the" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page nine, subdivision 3.6.c., after the word "The" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page nine, subdivision 3.6.c., after the words "by the" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page nine, subdivision 3.6.d., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page nine, subsection 4.1., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page nine, subsection 4.2., after the word "The", by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page nine, subsection 4.2., after the words "or the", by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page nine, subsection 4.3., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page ten, subsection 4.3., after the words "when the", by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page ten, subsection 4.3., after the words "to the", by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page ten, subsection 4.3., after the word "The", by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page ten, subdivision 4.5.a., after the words "provide the", by striking out the word Secretary" and inserting in lieu thereof the word "Director";
On page ten, subdivision 4.5.a., after the words "by the", by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twelve, paragraph 4.5.a.17., after the word "The", by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twelve, paragraph 4.5.a.17., after the words "and the", by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twelve, subdivision 4.5.b., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twelve, paragraph 4.5.b.1., after the words "addition, the", by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twelve, paragraph 4.5.b.1., after the words "effluents, the", by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twelve, part 4.5.b.1.A.2., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page fourteen, paragraph 4.5.c.1., after the words "to the", by striking out the comma and the word "Secretary" and inserting in lieu thereof the word "Director";
On page fourteen, paragraph 4.5.c.1., after the words "as the", by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page fourteen, paragraph 4.5.d.1., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page fifteen, subparagraph 4.5.d.1.F., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page fifteen, paragraph 4.5.d.3., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page sixteen, paragraph 4.5.e.3., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page sixteen, subparagraph 4.5.f.2.A., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page seventeen, paragraph 4.5.g.1., after the words "rule, the", by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page seventeen, paragraph 4.5.g.1., after the words "notice, the", by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page seventeen, paragraph 4.5.g.2., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page seventeen, subdivision 4.7.b., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page eighteen, paragraph 4.7.b.3., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page eighteen, subdivision 4.7.c., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page nineteen, subdivision 5.1.g., by striking out the word "secretary" and inserting in lieu thereof the words "Secretary or Director";
On page nineteen, subsection 5.7., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page nineteen, subsection 5.9., after the words "shall furnish to the", by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page nineteen, subsection 5.9., after the words "which the", by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page nineteen, subsection 5.9., after the words "shall also furnish to the", by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page nineteen, subsection 5.10., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty, subdivision 5.11.c., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty, paragraph 5.11.d.7., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty, subdivision 5.11.g., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty, subsection 5.12., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-one, subdivision 5.13.a., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-one, subdivision 5.13.b., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-one, subparagraph 5.13.d.2.B., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-one, subparagraph 5.13.d.2.C., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-one, paragraph 5.13.d.3., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-one, paragraph 5.13.d.4., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-two, part 5.13.d.4.A.4., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-two, part 5.13.d.4.B.4., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-two, subdivision 5.13.f., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-two, subdivision 5.13.g., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-three, paragraph 5.14.d.1., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-three, subdivision 5.14.e., after the word "The", by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-three, subdivision 5.14.e., after the words "if the", by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-three, subsection 5.16., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-five, subsection 6.1., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-five, subdivision 6.1.a., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-five, subdivision 6.2.b., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-five, paragraph 6.2.d.2., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-six, paragraph 6.2.d.3., after the words "Subpart G, the", by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-six, subparagraph 6.2.h.1.A., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-six, subparagraph 6.2.h.2.B., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-six, subdivision 6.2.i., by striking out the word "Secretary's" and inserting in lieu thereof the word "Director's";
On page twenty-eight, paragraph 6.2.o.5., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-nine, subdivision 7.7.d., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty, subdivision 7.9.a., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty, subdivision 8.1.a., by striking out the word "Secretary's" and inserting in lieu thereof the word "Director's";
On page thirty, subdivision 8.1.a., after the words "to the", by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty, subdivision 8.1.a., after the word "The", by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty, subdivision 8.1.b., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty, subdivision 8.2.a., after the words "to the", by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty, subdivision 8.2.a., after the word "The", by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-one, subdivision 8.2.b., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-one, paragraph 8.2.c.1., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-one, subparagraph 8.2.c.1.D., after the words "where the", by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-one, subparagraph 8.2.c.1.D., after the words "by the", by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-one, subparagraph 8.2.c.1.D., after the words "to the", by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-two, subparagraph 8.2.c.2.B., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-two, subparagraph 8.2.c.2.D., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-three, subparagraph 8.2.c.2.L., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-three, paragraph 8.3.a.1., after the word "The", by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-three, paragraph 8.3.a.1., after the words "and the", by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-three, paragraph 8.3.c.1., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-four, subdivision 9.1.a., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-four, subdivision 9.2.a., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-four, paragraph 9.2.a.2., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-four, subdivision 9.2.b., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-five, subdivision 10.1.a., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-five, subdivision 10.1.b., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-five, subdivision 10.2.b., after the word "the", by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-five, subdivision 10.2.b., after the word "The", by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-five, subdivision 10.2.c., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-six, subparagraph 10.2.d.1.B., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-six, paragraph 10.2.d.2, by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-seven, subparagraph 10.2.e.1.G., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-seven, subdivision 10.3.a., after the word "the", by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-seven, subdivision 10.3.a., after the word "The", by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-seven, subdivision 10.4.a., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-seven, subdivision 10.5.a., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-eight, subdivision 10.5.a., after the words "advises the", by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-eight, subdivision 10.5.a., after the words "then the", by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-eight, subdivision 10.5.b., after the words "advises the", by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-eight, subdivision 10.5.b., after the words "resources, the", by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-eight, subdivision 10.5.c., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-eight, subdivision 11.1.d., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-eight, subdivision 11.1.e., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page forty, paragraph 12.3.a.3., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-one, subsection 13.1., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-one, paragraph 13.1.b.5. by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-one, subdivision 13.1.c., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-one, subdivision 13.2.b., after the word "The", by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-one, subdivision 13.2.b., after the word "the", by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-two, subsection 14.1., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-two, subdivision 14.1.a., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-two, subdivision 14.1.b., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-two, subdivision 14.1.c., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-two, subdivision 14.2.a., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-two, subdivision 14.2.b., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-two, subdivision 14.2.c., after the words "by the", by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-two, subdivision 14.2.c., after the words "variance, the", by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-two, subdivision 15.1.a., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-three, subsection 15.2., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
And,
On page forty-three, subdivision 15.2.c., by striking out the word "Secretary" and inserting in lieu thereof the word "Director".
(y) The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand seven, authorized under the authority of section seven-b, article eleven, chapter twenty-two of this code, relating to the Department of Environmental Protection (requirements governing water quality standards, 47 CSR 2), is authorized, with the following amendments:
On page two, by striking out subsection 2.20. "Waters of special concern" in its entirety and renumbering the remaining subsections;
On page four, by striking out subdivision 4.1.c. in its entirety and renumbering the remaining subdivisions;
And,
On page four, newly designated 4.1.c. after the word "State", by changing the period to a comma and adding the following: all Federally designated rivers under the "Wild and Scenic Rivers Act", 16 U.S.C. §1271 et seq.; all streams and other bodies of water in state parks and forests; waters in national parks and forests and waters designated under the "National Parks and Recreation Act of 1978", as amended; and pursuant to subsection 7.1. of 60CSR5; those waters whose unique character, ecological or recreational value, or pristine nature constitutes a valuable national or state resource.;
And,
On pages sixteen through twenty-six by striking Appendix A and inserting in lieu thereof the following:
APPENDIX A
CATEGORY B-2 - TROUT WATERS

This list contains known trout waters and is not intended to exclude any waters which meet the definition in Section ~~2.20.~~ 2.19.

River BasinCountyStream

James River
JMonroeSouth Fork Potts Creek

Potomac River
PJeffersonTown Run
P"Rocky Marsh Run
PBerkeleyOpequon Creek
P"Tuscarora Creek
(Above Martinsburg)
P"Middle Creek
(Above Route 30 Bridge)
P"Mill Creek
P"Hartland Run
P"Mill Run
P"Tillance Creek
PMorganMeadow Branch

PSJeffersonFlowing Springs Run
(Above Halltown)
PS"Cattail Run
PS"Evitt's Run
PS"Big Bullskin Run
PS"Long Marsh Run

PCHampshireCold Stream
PC"Edwards Run and Impoundment
PC"Dillons Run
PCHardyLost River
PC"Camp Branch
PC"Lower Cove Run
PC"Moores Run
PC"North River (Above Rio)
PC"Waites Run
PC"Trout Run
PC"Trout Pond (Impoundment)
PC"Warden Lake (Impoundment)
PC"Rock Cliff Lake (Impoundment)

River BasinCountyStream
PSBHampshireMill Creek
PSB"Mill Run
PSBHardyDumpling Creek
PSBGrant-PendletonNorth Fork South Branch
PSBGrantNorth Fork Lunice Creek
PSB"South Fork Lunice Creek
PSB"South Mill Creek (Above Hiser)
PSB"Spring Run
PSBPendletonHawes Run (Impoundment)
PSB"Little Fork
PSB "South Branch (Above North Fork)
PSB"Senena Creek
PSB"Laurel Fork
PSB"Big Run

Potomac River

PNBMineralNorth Fork Patterson Creek
PNB"Fort Ashby (Impoundment)
PNB"New Creek
PNB"New Creek Dam 14 (Impoundment)
PNB"Mill Creek (Above Markwood)

Monongahela River

MMonongalia-MarionWhiteday Creek
(Above Smithtown)
MCMonongaliaMorgan Run
MC"Coopers Rock (Impoundment)
MC"Blaney Hollow
MCPrestonLaurel Run
MC"Elsey Run
MC"Saltlick Creek
MC"Buffalo Creek
MC"Wolf Creek
MCTuckerClover Run
MC"Elklick Run
MC"Horseshoe Run
MC"Maxwell Run
MC"Red Creek
MC"Slip Hill Mill Branch
MC"Thomas Park (Impoundment)
MC"Blackwater River (Above Davis)

MC"Blackwater River (Below Davis)

MCRandolphCamp Five Run
MC"Dry Fork (Above Otter Creek)
MC"Glady Fork
MC"Laurel Fork
MC"Gandy Creek (Above Whitmer)

MC"East Fork Glady Fork (Above C
& P Compressor Station)

River BasinCountyStream
MCRandolphShavers Fork
(Above Little Black Fork)
MC"Three Spring Run
MC"Spruce Knob Lake (Impoundment)
MWHarrisonDog Run (Pond)
MWLewis

Stonecoal

MTBarbourBrushy Fork
(Above Valley Furnace)
MT"Teter Creek Lake (Impoundment)
MT"Mill Run

MTTaylor-BarbourTygart Lake Tailwaters
(Above Route 119 Bridge)
MTPrestonRoaring Creek
(Above Little Lick Branch)

MTRandolphTygart River (Above Huttonsville)
MT"Elkwater Fork
MT"Big Run

MTBUpshur-Randolph-LewisRight Fork Buckhannon River
MTBUpshurBuckhannon River
(Above Beans Mill)
MTBUpshurFrench Creek

Monongahela River

MTBUpshur-RandolphLeft Fork Right Fork

MTNUpshurRight Fork Middle Fork River
MTMRandolphMiddle Fork River (Above Cassity)

MYPrestonRhine Creek

Little Kanawha River

LKUpshurLeft Fork-Right Fork Little Kanawha River)

LKUpshur-LewisLittle Kanawha River
(Above Wildcat)

Kanawha River

KEBraxtonSutton Reservoir

KE"Sutton Lake Tailwaters
(Above Route 38/5 Bridge)

KEWebsterBack Fork
KE"Desert Fork
KE"Fall Run
KE"Laurel Fork

River BasinCountyStream
KE"

Left Fork Holly River

KE"Sugar Creek
KE"Elk River (Above Webster Springs)
KCRaleighStephens Lake (Impoundment)
KC"Marsh Fork (Above Sundial)

KGNicholasSummersville Reservoir (Impoundment)

KG"Summersville Tailwaters
(Above Collison Creek)

KGNicholasDeer Creek

KGRandolph-WebsterGauley River
(Above Moust Coal Tipple)

KGFayetteGlade Creek
KGNicholasHominy Creek
KG"Anglins Creek
KGGreenbrier Big Clear Creek
KG"Little Clear Creek and Laurel Run
KG"Meadow Creek
KGFayetteWolf Creek
KGNicholasCherry River
KGGreenbrier-NicholasLaurel Creek
KG""North Fork Cherry River
KGGreenbrierSummit Lake (Impoundment)
KGGreenbrier-NicholasSouth Fork Cherry River

Kanawha River

KGCPocahontas-Webster-Cranberry River
Nicholas
KGCPocahontasSouth Fork Cranberry River

KGWPocahontasTea Creek
KGWPocahontas-WebsterWilliams River (Above Dyer)

KNRaleighGlade Creek
KNSummersMeadow Creek
KNFayetteMill Creek
KN"Laurel Creek (Above Cotton Hill)
KNRaleighPinch Creek
KNMonroeRich Creek
KN"Turkey Creek

KNFayetteDunloup Creek (Downstream from Harvey Sewage Treatment Plant)

KNMercerEast River (Above Kelleysville)
KN"Pigeon Creek
KNMonroeLaurel Creek

KNGMonroeKitchen Creek (Above Gap Mills)
KNGGreenbrierCulverson Creek
KNG"Milligan Creek

River BasinCountyStream
KNGGreenbrier-MonroeSecond Creek
(Rt. 219 Bridge to Nickell's Mill)

KNGGreenbrierNorth Fork Anthony Creek
KNG"Spring Creek
KNG"Anthony Creek (Above Big Draft)
KNGPocahontasWatoga Lake
KNG"Beaver Creek
KNG"Knapp's Creek
KNG"Hills Creek

KNG"North Fork Deer Creek
(Above Route 28/5)

KNG"Deer Creek
KNG"Sitlington Creek
KNG"Stoney Creek
KNG"Swago Creek

KNG"Buffalo Fork (Impoundment)

KNG"Seneca (Impoundment)
KNG"Greenbrier River
(Above Hosterman)

KNG"West Fork-Greenbrier River
(Above the impoundment
at the tannery)

KNG"Little River-East Fork
KNG"Little River-West Fork
KNG"Five Mile Run
KNG"Mullenax Run
KNG"Abes Run
KNBMercerMarsh Fork
KNB"Camp Creek

OGWyomingPinnacle creek

BSTMcDowellDry Fork (Above Canebrake)

(z) The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand seven, authorized under the authority of section seven-b, article eleven, chapter twenty-two of this code, relating to the Department of Environmental antidegradation implementation procedures, 60 CSR 5), is authorized with the amendment set forth below:
On page two, subsection 3.2. by striking out the words "Tier 2.5 or";
On page three, by striking out subdivision 3.5.a. in its entirety and by renumbering the remaining subdivisions;
On page three, new subdivision 3.5.a., after the words "Wilderness Area", by inserting the words "or otherwise included in 47CSR2-4.1.c.";
On page three, new subdivision 3.5.b., after the words "Wilderness Area", by striking out the words "not listed pursuant to subsection 8.2. and not listed in Appendix A of this rule" and inserting in lieu thereof, the words "or otherwise included in 47CSR2-4.1.c. or listed pursuant to subsection 7.1. of this rule";
On page three, new subdivision 3.5.d. by striking out the words "Tier 2.5 or";
On page three, subsection 3.7. by striking out the words "Tier 2.5 or";
On page four, subsection 3.8., by striking out the words "Tier 2.5 or";
On pages nine through eleven, by striking out section six in its entirety and renumbering the remaining sections;
On page eleven, subsection 7.2., by striking out "47CSR2-4.1.d." and inserting in lieu thereof the words "47CSR2-4.1.c.";
On page thirteen, by striking out the section caption and inserting in lieu thereof a new section caption to read as follows:
§60-5-7. Designation of Tier 3 Waters.;
On pages thirteen and fourteen, by striking out section 8.1. in its entirety and renumbering the remaining subsection;
On page fourteen, new subsection 7.2.a.1., following the words "nominated segment." by striking out the word "Where" and inserting in lieu thereof, the following: When a good faith effort to notify individual property owners has failed, and".
On page fifteen, subsection 9.3. by striking out the words "2.5,";
On page fifteen, subsection 9.6, after the word "Board", by striking out the colon and the remainder of the subsection;
On pages sixteen through twenty-one by striking out Appendix A in its entirety;
And,
On page twenty-two by striking out the caption and inserting in lieu thereof the caption "APPENDIX A".
§64-3-2. Solid Waste Management Board.
The legislative rule filed in the State Register on the twenty-fifth day of July, two thousand seven, authorized under the authority of section nine-a, article four, chapter twenty-two-c of this code, modified by the Solid Waste Management Board to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the fifth day of December, two thousand seven, relating to the Solid Waste Management Board (performance measures and review standards for solid waste authorities operating commercial solid waste facilities, 54 CSR 6), is authorized."

On motion of Delegates Webster and Brown, the Committee amendment was amended on page twenty-four, section one, by striking out all of lines nine through seventeen and inserting in lieu thereof, the following:
"On page four, newly designated 4.1.c. after the word 'State', by changing the period to a comma and adding the following: all Federally designated rivers under the 'Wild and Scenic Rivers Act', 16 U.S.C. §1271 et seq.; all streams and other bodies of water in state parks which are high quality waters or naturally reproducing trout streams; waters in national parks and forests which are high quality waters or naturally reproducing trout streams; waters designated under the 'National Parks and Recreation Act of 1978', as amended; and pursuant to subsection 7.1. of 60CSR5, those waters whose unique character, ecological or recreational value, or pristine nature constitutes a valuable national or state resource."
Delegate Hartman moved to amend the Committee amendment on page twenty-four, section one, by striking out all of lines nine through seventeen in their entirety.
On the adoption of the amendment to the Committee amendment, Delegate Hartman demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 279), and there were--yeas 32, nays 65, absent and not voting 3, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Andes, Armstead, Ashley, Azinger, Blair, Border, Canterbury, Carmichael, Cowles, Duke, Ellem, Evans, Hartman, Ireland, Lane, Michael, C. Miller, J. Miller, Overington, Porter, Reynolds, Romine, Rowan, Schadler, Schoen, Shaver, Sobonya, Stalnaker, Sumner, Walters and Williams.
Absent And Not Voting: Frederick, Mahan and Tansill.
So, a majority of the members present and voting not having voted in the affirmative, the amendment to the Committee amendment was not adopted.

The amendment by the Committee on the Judiciary, as amended, was then adopted.

The bill was then ordered to third reading.
Com. Sub. for S. B. 398, Authorizing Department of Health and Human Resources promulgate legislative rules; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 481, Authorizing physician assistants to conduct mental health hygiene process examinations; 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 five, section two, line sixty-seven, following the word worker, by adding a comma and the words "physician assistant".
The bill was then ordered to third reading.
Com. Sub. for S. B. 492, Eliminating part-time prosecutors; 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 7. COMPENSATION OF ELECTED COUNTY OFFICIALS.
§7-7-4a. Authorizing the option of full-time status for part-time prosecuting attorneys.
(a) Notwithstanding the provisions of section four of this article to the contrary, on or before the first day of January, two thousand nine, a county may not have a part-time prosecutor. The county commissions of counties in Class VI through X shall then compensate all prosecuting attorneys that have changed to full-time by virtue of this section at the same rate of compensation established for a prosecuting attorney in a Class V county: Provided, That, upon mutual agreement of the prosecuting attorney and the county commission, the prosecuting attorney may choose to remain a part-time prosecuting attorney.
(b) If, after the first day of January, two thousand nine, during the course of a term of office, pursuant to subsection (a) of this section, any prosecutor who becomes full-time or chooses to remain part-time who believes that the responsibilities of his or her office either no longer requires a full- time position or believes that the duties of the part-time position have become full-time, may, by mutual agreement with the county commission, either return to part-time status or change to full-time status: Provided, That, if the decision to change to full-time or part-time status is made during an election year, the decision must be by mutual agreement between the county commission and the prosecutor-elect: Provided, however, That any prosecutor who returns to part-time status shall, thereafter, be compensated at the rate of compensation set forth in section four of this article for a prosecuting attorney of his or her class county and any prosecutor that changes to full-time status shall, thereafter, be compensated at the same rate of compensation established for a prosecuting attorney in a Class V county.
(c) If, after the first day of January, two thousand nine, any prosecutor or prosecutor elect desires to change to full-time status and the county commission objects to such change due to an alleged financial condition of the county, then either party may request the state auditor's office to examine the county's financial condition and certify whether or not there are sufficient funds to support a full-time position. The state auditor shall then, within ninety days of such request, certify whether or not there are sufficient funds available to support a full-time prosecutor in the county. If the state auditor certifies that there are sufficient funds available, then the prosecutor or prosecutor elect must be changed to full-time status and be compensated at the same rate of pay as a prosecutor in a Class V county."
The bill was then ordered to third reading.
S. B. 503, Requiring solid waste facility permit applicants furnish fingerprints for criminal background checks; 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 1. DEPARTMENT OF ENVIRONMENTAL PROTECTION.
§22-1-6. Secretary of the Department of Environmental Protection.
(a) The secretary is the chief executive officer of the ~~division~~ department. Subject to section seven of this article and other provisions of law, the secretary shall organize the department into such offices, sections, agencies and other units of activity as may be found by the secretary to be desirable for the orderly, efficient and economical administration of the department and for the accomplishment of its objects and purposes. The secretary may appoint a deputy secretary, chief of staff, assistants, hearing officers, clerks, stenographers and other officers, technical personnel and employees needed for the operation of the department and may prescribe their powers and duties and fix their compensation within amounts appropriated.
(b) The secretary has the power to and may designate supervisory officers or other officers or employees of the department to substitute for him or her on any board or commission established under this code or to sit in his or her place in any hearings, appeals, meetings or other activities with such substitute having the same powers, duties, authority and responsibility as the secretary. The secretary has the power to delegate, as he or she considers appropriate, to supervisory officers or other officers or employees of the department his or her powers, duties, authority and responsibility relating to issuing permits, hiring and training inspectors and other employees of the department, conducting hearings and appeals and such other duties and functions set forth in this chapter or elsewhere in this code.
(c) The secretary has responsibility for the conduct of the intergovernmental relations of the department, including assuring:
(1) That the department carries out its functions in a manner which supplements and complements the environmental policies, programs and procedures of the federal government, other state governments and other instrumentalities of this state; and
(2) That appropriate officers and employees of the ~~division~~ department consult with individuals responsible for making policy relating to environmental issues in the federal government, other state governments and other instrumentalities of this state concerning differences over environmental policies, programs and procedures and concerning the impact of statutory law and rules upon the environment of this state.
(d) In addition to other powers, duties and responsibilities granted and assigned to the secretary by this chapter, the secretary is ~~hereby~~ authorized and empowered to:
(1) Sign and execute in the name of the state by the 'Department of Environmental Protection' any contract or agreement with the federal government or its departments or agencies, subdivisions of the state, corporations, associations, partnerships or individuals: Provided, That the powers granted to the secretary to enter into agreements or contracts and to make expenditures and obligations of public funds under this subdivision may not exceed or be interpreted as authority to exceed the powers granted by the Legislature to the various commissioners, directors or board members of the various departments, agencies or boards that comprise and are incorporated into each secretary's department pursuant to the provisions of chapter five-f of this code;
(2) Conduct research in improved environmental protection methods and disseminate information to the citizens of this state;
(3) Enter private lands to make surveys and inspections for environmental protection purposes; to investigate for violations of statutes or rules which the ~~division~~ department is charged with enforcing; to serve and execute warrants and processes; to make arrests; issue orders, which for the purposes of this chapter include consent agreements; and to otherwise enforce the statutes or rules which the ~~division~~ department is charged with enforcing;
(4) Require any applicant or holder of a permit to install, establish, modify, operate or close a solid waste facility to furnish the fingerprints of the applicant or permittee; any officer, director or manager of the applicant or permittee; any person owning a five percent or more interest, beneficial or otherwise, in the applicant's or permittee's business; or any other person conducting or managing the affairs of the applicant or permittee or of the proposed licensed premises, in whole or in part. These fingerprints may be used to obtain and review any police record for the purposes that may be relevant pursuant to section five, article fifteen of this chapter, and to use the fingerprints furnished to conduct a criminal records check through the Criminal Identification Bureau of the West Virginia State Police and a national criminal history check through the Federal Bureau of Investigation. The results of the checks shall be provided to the secretary.
~~(4)~~ (5) Acquire for the state in the name of the 'Department of Environmental Protection' by purchase, condemnation, lease or agreement, or accept or reject for the state, in the name of the Department of Environmental Protection, gifts, donations, contributions, bequests or devises of money, security or property, both real and personal, and any interest in property;
~~(5)~~ (6) Provide for workshops, training programs and other educational programs, apart from or in cooperation with other governmental agencies, necessary to ensure adequate standards of public service in the department. The secretary may provide for technical training and specialized instruction of any employee. Approved educational programs, training and instruction time may be compensated for as a part of regular employment. The secretary is authorized to pay out of federal or state funds, or both, as such funds are available, fees and expenses incidental to ~~such~~ the educational programs, training and instruction. Eligibility for participation by employees ~~will~~ shall be in accordance with guidelines established by the secretary;
~~(6)~~ (7) Issue certifications required under 33 U. S. C. §1341 of the federal Clean Water Act and enter into agreements in accordance with the provisions of section seven-a, article eleven of this chapter. Prior to issuing any certification the secretary shall solicit from the Division of Natural Resources reports and comments concerning the possible certification. The Division of Natural Resources shall direct the reports and comments to the secretary for consideration; and
~~(7)~~ (8) Notwithstanding any provisions of this code to the contrary, employ in-house counsel to perform all legal services for the secretary and the department, including, but not limited to, representing the secretary, any chief, the department or any office thereof in any administrative proceeding or in any proceeding in any state or federal court. Additionally, the secretary may call upon the Attorney General for legal assistance and representation as provided by law.
(e) The secretary shall be appointed by the Governor, by and with the advice and consent of the Senate, and serves at the will and pleasure of the Governor.
(f) At the time of his or her initial appointment, the secretary must be at least thirty years old and ~~must~~ shall be selected with special reference and consideration given to his or her administrative experience and ability, to his or her demonstrated interest in the effective and responsible regulation of the energy industry and the conservation and wise use of natural resources. The secretary must have at least a bachelor's degree in a related field and at least three years of experience in a position of responsible charge in at least one discipline relating to the duties and responsibilities for which the secretary will be responsible upon assumption of the office. The secretary may not be a candidate for or hold any other public office, may not be a member of any political party committee and shall immediately forfeit and vacate his or her office as secretary in the event he or she becomes a candidate for or accepts appointment to any other public office or political party committee.
(g) The secretary shall receive an annual salary as provided in section two-a, article seven, chapter six of this code and ~~will be~~ is allowed and shall be paid necessary expenses incident to the performance of his or her official duties. Prior to the assumption of the duties of his or her office, the secretary shall take and subscribe to the oath required of public officers prescribed by section five, article IV of the Constitution of West Virginia and shall execute a bond, with surety approved by the Governor, in the penal sum of ten thousand dollars, which executed oath and bond will be filed in the Office of the Secretary of State. Premiums on the bond ~~will~~ shall be paid from the department funds."
The bill was then ordered to third reading.
Com. Sub. for S. B. 504, Relating to child support enforcement ; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page five, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
"That §38-3-18 of said code be amended and reenacted; that §48-1-205, §48-1-225, §48-1- 230 and §48-1-302 of said code be amended and reenacted; that §48-11-103 and §48-11-105 of said code be amended and reenacted; that said code be amended by adding thereto a new section, designated §48-13-804; that §48-14-102, §48-14-106, §48-14-203, §48-14-302, §48-14-404, §48-14- 407, §48-14-408, §48-14-502, §48-14-503, §48-14-701 and §48-14-801 of said code be amended and reenacted; that said code be amended by adding thereto a new section, designated §48-14-108; that §48-15-201 of said code be amended and reenacted; that §48-17-101, §48-17-102, §48-17-103, §48-17-105, §48-17-106, §48-17-107 and §48-17-109 of said code be amended and reenacted; that §48-18-102, §48-18-118, §48-18-120, §48-18-202, §48-18-205 and §48-18-206 of said code be amended and reenacted; and that said code be amended by adding thereto a new section, designated §48-18-118a, all to read as follows:
CHAPTER 38. LIENS.

ARTICLE 3. JUDGMENT LIENS.

§38-3-18. Limitations on enforcement of judgments.
(a) On a judgment, execution may be issued within ten years after the date thereof. Where execution issues within ten years as aforesaid, other executions may be issued on such judgment within ten years from the return day of the last execution issued thereon, on which there is no return by an officer, or which has been returned unsatisfied.
(b) For any order for child support in an action filed on and after the amendment and reenactment of this section during the legislative session of two thousand eight, an execution may be issued upon a judgment for child support, as those terms are defined in chapter forty-eight of this code, within ten years after the emancipation of the child: Provided, That in cases where the support order is for more than one child, the limitations set forth in subsection (a) of this section commence when the youngest child who is the subject of the order on which the execution is based reaches the age of eighteen or is otherwise legally emancipated.
(c) An action, suit or scire facias may be brought upon a judgment where there has been a change of parties by death or otherwise at any time within ten years next after the date of the judgment; or within ten years from the return day of the last execution issued thereon on which there is no return by an officer or which has been returned unsatisfied. But if such action, suit or scire facias be against the personal representative of a decedent, it shall be brought within five years from the qualification of such representative.
CHAPTER 48. DOMESTIC RELATIONS.
ARTICLE 1. GENERAL PROVISIONS; DEFINITIONS.
§48-1-205. Attributed income defined.
(a) 'Attributed income' means income not actually earned by a parent but which may be attributed to the parent because he or she is unemployed, is not working full time or is working below full earning capacity or has nonperforming or underperforming assets. Income may be attributed to a parent if the court evaluates the parent's earning capacity in the local economy (giving consideration to relevant evidence that pertains to the parent's work history, qualifications, education and physical or mental condition) and determines that the parent is unemployed, is not working full time or is working below full earning capacity. Income may also be attributed to a parent if the court finds that the obligor has nonperforming or underperforming assets.
(b) If an obligor: (1) Voluntarily leaves employment or voluntarily alters his or her pattern of employment so as to be unemployed, underemployed or employed below full earning capacity; (2) is able to work and is available for full-time work for which he or she is fitted by prior training or experience; and (3) is not seeking employment in the manner that a reasonably prudent person in his or her circumstances would do, then an alternative method for the court to determine gross income is to attribute to the person an earning capacity based on his or her previous income. If the obligor's work history, qualifications, education or physical or mental condition cannot be determined, or if there is an inadequate record of the obligor's previous income, the court may, as a minimum, base attributed income on full-time employment (at forty hours per week) at the federal minimum wage in effect at the time the support obligation is established. In order for the court to consider attribution of income, it is not necessary for the court to find that the obligor's termination or alteration of employment was for the purpose of evading a support obligation.
(c) Income shall not be attributed to an obligor who is unemployed or underemployed or is otherwise working below full earning capacity if any of the following conditions exist:
(1) The parent is providing care required by the children to whom both of the parties owe a ~~joint~~ legal responsibility for support and such children are of preschool age or are handicapped or otherwise in a situation requiring particular care by the parent;
(2) The parent is pursing a plan of economic self-improvement which will result, within a reasonable time, in an economic benefit to the children to whom the support obligation is owed, including, but not limited to, self-employment or education: Provided, That if the parent is involved in an educational program, the court shall ascertain that the person is making substantial progress toward completion of the program;
(3) The parent is, for valid medical reasons, earning an income in an amount less than previously earned; or
(4) The court makes a written finding that other circumstances exist which would make the attribution of income inequitable: Provided, That in such case the court may decrease the amount of attributed income to an extent required to remove such inequity.
(d) The court may attribute income to a parent's nonperforming or underperforming assets, other than the parent's primary residence. Assets may be considered to be nonperforming or underperforming to the extent that they do not produce income at a rate equivalent to the current six-month certificate of deposit rate or such other rate that the court determines is reasonable.
§48-1-225. Extraordinary medical expenses defined.
'Extraordinary medical expenses' means uninsured medical expenses in excess of two hundred fifty dollars per year per child which are recurring and can reasonably be predicted by the court at the time of establishment or modification of a child support order. Such expenses shall include, but not be limited to, insurance copayments and deductibles, reasonable costs for necessary orthodontia, dental treatment, asthma treatments, physical therapy, prescription pharmaceuticals, vision therapy and eye care and any uninsured chronic health problem.
§48-1-230. Income defined.
'Income' includes, but is not limited to, the following:
(1) Commissions, earnings, salaries, wages and other income due or to be due in the future to an individual from his or her employer and successor employers;
(2) Any payment due or to be due in the future to an individual from a profit-sharing plan, a pension plan, an insurance contract, an annuity, Social Security, unemployment compensation, supplemental employment benefits, workers' compensation benefits, state lottery winnings and prizes and overtime pay;
(3) Any amount of money which is owing to an individual as a debt from an individual, partnership, association, public or private corporation, the United States or any federal agency, this state or any political subdivision of this state, any other state or a political subdivision of another state or any other legal entity which is indebted to the obligor;
(4) Any amount of money which is held by the Regional Jail Authority for an inmate in an inmate's concession account.
§48-1-302. Calculation of interest.
(a) Notwithstanding any other provisions of the code, if an obligation to pay interest arises under this chapter, the rate of interest is ~~ten~~ five percent per annum and proportionate thereto for a greater or lesser sum, or for a longer or shorter time. Interest awarded shall only be simple interest and nothing in this section may be construed to permit awarding of compound interest. Interest accrues only upon the outstanding principal of such obligation.
(b) Notwithstanding any other provision of law, no court may award or approve prejudgment interest in a domestic relations action against a party unless the court finds, in writing, that the party engaged in conduct that would violate subsection (b), Rule 11 of the West Virginia Rules of Civil Procedure. If prejudgment interest is awarded, the court shall calculate prejudgment interest from the date the offending representation was presented to the court pursuant to subsection (a) of this section.
(c) Upon written agreement by both parties, an obligor may petition the court to enter an order conditionally suspending the collection of all or part of the interest that has accrued on past-due child support prior to the date of the agreement: Provided, That said agreement shall also establish a reasonable payment plan which is calculated to fully discharge all arrearages within twenty-four months. Upon successful completion of the payment plan, the court shall enter an order which permanently relieves the obligor of the obligation to pay the accrued interest. If the obligor fails to comply with the terms of the written agreement, then the court shall enter an order which reinstates the accrued interest.
(d) Amendments to this section enacted by the Legislature during the two thousand six regular session shall become effective the first day of January, two thousand seven.
ARTICLE 11. SUPPORT OF CHILDREN.
§48-11-103. Child support beyond age eighteen.
(a) ~~Upon a specific finding of good cause shown and upon findings of fact and conclusions of law in support thereof, a~~ An order for child support ~~may~~ shall provide that payments of such support continue beyond the date when the child reaches the age of eighteen, so long as the child is unmarried and residing with a parent, guardian or custodian and is enrolled as a full-time student in a secondary educational or vocational program and making substantial progress towards a diploma: Provided, That such payments may not extend past the date that the child reaches the age of twenty.
(b) Nothing herein shall be construed to abrogate or modify existing case law regarding the eligibility of handicapped or disabled children to receive child support beyond the age of eighteen.
(c) The reenactment of this section during the regular session of the Legislature in the year one thousand nine hundred ninety-four shall not, by operation of law, have any effect upon or vacate any order or portion thereof entered under the prior enactment of this section which awarded educational and related expenses for an adult child accepted or enrolled and making satisfactory progress in an educational program at a certified or accredited college. Any such order or portion thereof shall continue in full force and effect until the court, upon motion of a party, modifies or vacates the order upon a finding that:
(1) The facts and circumstances which supported the entry of the original order have changed, in which case the order may be modified;
(2) The facts and circumstances which supported the entry of the original order no longer exist because the child has not been accepted or is not enrolled in and making satisfactory progress in an educational program at a certified or accredited college or the parent ordered to pay such educational and related expenses is no longer able to make such payments, in which case the order shall be vacated;
(3) The child, at the time the order was entered, was under the age of sixteen years, in which case the order shall be vacated;
(4) The amount ordered to be paid was determined by an application of child support guidelines in accordance with the provisions of article 13-101, et seq., of this chapter, or legislative rules promulgated thereunder, in which case the order may be modified or vacated; or
(5) The order was entered after the fourteenth day of March, one thousand nine hundred ninety-four, in which case the order shall be vacated.
§48-11-105. Modification of child support order.
(a) The court may modify a child support order, for the benefit of the child, when a motion is made that alleges a change in the circumstances of a parent or another proper person or persons. A motion for modification of a child support order may be brought by a custodial parent or any other lawful custodian or guardian of the child, by a parent or other person obligated to pay child support for the child or by the Bureau for Child Support Enforcement of the Department of Health and Human Resources of this state.
(b) The provisions of the order may be modified if there is a substantial change in circumstances. If application of the guideline would result in a new order that is more than fifteen percent different, then the circumstances are considered a substantial change.
(c) An order that modifies the amount of child support to be paid shall conform to the support guidelines set forth in article 13-101, et seq., of this chapter unless the court disregards the guidelines or adjusts the award as provided ~~for~~ in section 13-702.
(d) The Supreme Court of Appeals shall make available to the courts a standard form for a petition for modification of an order for support, which form will allege that the existing order should be altered or revised because of a loss or change of employment or other substantial change affecting income or that the amount of support required to be aid is not within fifteen percent of the child support guidelines. The clerk of the circuit court and the secretary-clerk of the family court shall make the forms available to persons desiring to represent themselves in filing a motion for modification of the support award.
(e) Upon entry of an order modifying a child support amount the court shall, no later than five days from entry of the order, provide a copy of the modified order to the Bureau for Child Support Enforcement. If an overpayment to one of the parties occurs as a result of the modified terms of the order, funds properly withheld by the Bureau for Child Support Enforcement pursuant the terms of the original order shall not be returned until such time as the Bureau for Child Support Enforcement receives repayment from the party in possession of the overpayment.
ARTICLE 13. GUIDELINES FOR CHILD SUPPORT AWARDS.
§48-13-804. Default orders.
(a) In any proceeding in which support is to be established, if a party has been served with proper pleadings and notified of the date, time and place of a hearing before a family court judge and does not enter an appearance or file a response, the family court judge shall prepare a default order for entry establishing the defaulting party's child support obligation consistent with the child support guidelines contained in this article.
(1) When applying the child support guidelines, the court may accept financial information from the other party as accurate, pursuant to Rule 13(b) of the Rules of Practice and Procedure for Family Court; or
(2) If financial information is not available, the court may attribute income to the party based upon either:
(i) The party's work history;
(ii) Minimum wage, if appropriate; or
(iii) At a minimum, enter a child support order in a nominal amount unless, in the court's discretion, a zero support order should be entered.
(b) All orders shall provide for automatic withholding from income of the obligor pursuant to part 4, article fourteen of this chapter.
ARTICLE 14. REMEDIES FOR THE ENFORCEMENT OF SUPPORT OBLIGATIONS.
§48-14-102. Who may bring action for child support order.
An action may be brought under the provisions of section 14-101 by:
(1)A custodial parent of a child when the divorce order or other order which granted custody did not make provision for the support of the child by the obligor;
(2)A primary caretaker of a child;
(3)A guardian of the property of a child or the committee for a child; or
(4)The Bureau for Child Support Enforcement, on behalf of the state, when the Department of Health and Human Resources is providing assistance on behalf of the child or the person to whom a duty of support is owed, in the form of temporary assistance to needy families or medical assistance, and any right to support has been assigned to the department or in any other case wherein a party has applied for child support enforcement services from the Bureau for Child Support Enforcement.
§48-14-106.

Modification of support order.

(a) At any time after the entry of an order for support, the court may, upon the verified petition of an obligee or the obligor, revise or alter such order and make a new order as the altered circumstances or needs of a child, an obligee or the obligor may render necessary to meet the ends of justice.
(b) The Supreme Court of Appeals shall make available to the family courts a standard form for a petition for modification of an order for support, which form will allege that the existing order should be altered or revised because of a loss or change of employment or other substantial change affecting income or that the amount of support required to be paid is not within fifteen percent of the child support guidelines. The clerk of the circuit court and the secretary-clerk of the family court shall make such forms available to persons desiring to petition the court pro se for a modification of the support award.
(c) Upon entry of an order modifying a child support amount the court shall, no later than five days from entry of the order, provide a copy of the modified order to the Bureau for Child Support Enforcement. If an overpayment to one of the parties occurs as a result of the modified terms of the order, funds properly withheld by the Bureau for Child Support Enforcement pursuant the terms of the original order shall not be returned until such time as the Bureau for Child Support Enforcement receives repayment from the party in possession of the overpayment.
§48-14-108. Deceased parties in support cases.
(a) In the event of the death of any party to a domestic relations support action, support payments or a refund of support payments due to the party by the obligee, obligor or the Bureau for Child Support Enforcement, not in excess of one thousand dollars, may, upon proper demand, be paid, in the absence of actual notice of the pendency of probate proceedings, without requiring letters testamentary or of administration in the following order of preference to decedent's:
(1) Surviving spouse;

(2) Children eighteen years of age and over in equal shares; (3) Father and mother, or survivor; and

(4) Sisters and brothers.
(b) Payments under this section shall release and discharge the obligee, obligor or the Bureau for Child Support Enforcement to the amount of such payment.
§48-14-203. Affidavit of accrued support.
(a) The affidavit of accrued support may be filed with the clerk of the circuit court in the county in which the obligee or the obligor resides, in the county where the order originated or where the obligor's source of income is located.
The affidavit may be filed when a payment required by such order has been delinquent, in whole or in part, for a period of fourteen days.
(c) The affidavit shall:
(1) Identify the obligee and obligor by name and address, and shall list the last four digits of the obligor's Social Security number or numbers, if known;
(2) Name the court which entered the support order and set forth the date of such entry;
(3) State the total amount of accrued support which has not been paid by the obligor; and
~~(4) List the date or dates when support payments should have been paid but were not, and the amount of each such delinquent payment; and~~
~~(5)~~ (4) State the name and address of the obligor's source of income, if known.
§48-14-302. Affidavit of accrued support.
The affidavit and abstract as provided in section four, article three, chapter thirty-eight of this code shall be filed with the clerk of the county commission in which the real property is located or in the county where the order originated. The affidavit shall:
(1) Identify the obligee and obligor by name and address, and shall list the last four digits of the obligor's Social Security number or numbers, if known;
(2) Name the court which entered the support order and set forth the date of such entry;
(3) Allege that the support obligor is at least thirty days in arrears in the payment of child support; and
(4) State the total amount of accrued support which has not been paid by the obligor. and
(5) List the date or dates when support payments should have been paid but were not, and the amount of each such delinquent payment.
§48-14-404. Enforcement of withholding by Bureau for Child Support Enforcement.
The withholding from an obligor's income of amounts payable as spousal or child support or fees awarded by a court of competent jurisdiction to the state in connection with the establishment of paternity and support or the enforcement of a support order shall be enforced by the Bureau for Child Support Enforcement in accordance with the provisions of this Part 4. If an overpayment of spousal or child support occurs and an arrearage exists, the Bureau for Child Support Enforcement shall first offset the overpayment of spousal or child support against the arrearage. If no arrearage exists with which to offset the overpayment or the arrearage is not sufficient to offset the overpayment and the obligee does not enter into a repayment agreement with the Bureau for Child Support Enforcement, the Bureau for Child Support Enforcement may issue an income withholding to the obligee's employer to recoup the amount of the overpayment. The income withholding shall be in the same manner as provided in this article: Provided, That in no circumstances may the amount withheld exceed thirty-five percent of the disposable earnings for the period, regardless of the length of time that the overpayment has been owed.
§48-14-407. Contents of notice to source of income.
(a) The source of income of any obligor who is subject to withholding, upon being given notice of withholding, shall withhold from such obligor's income the amount specified by the notice and pay such amount to the Bureau for Child Support Enforcement for distribution. The notice given to the source of income shall contain only such information as may be necessary for the source of income to comply with the withholding order and no source of income may require additional information or documentation. Such notice to the source of income shall include, at a minimum, the following:
(1) The amount to be withheld from the obligor's disposable earnings and a statement that the amount to be withheld for support and other purposes, including the fee specified under subdivision (3) of this subsection, may not be in excess of the maximum amounts permitted under Section 303(b) of the federal Consumer Credit Protection Act or limitations imposed under the provisions of this code;
(2) That the source of income shall send the amount to be withheld from the obligor's income to the Bureau for Child Support Enforcement, along with such identifying information as may be required by the bureau, the same day that the obligor is paid;
(3) That, in addition to the amount withheld under the provisions of subdivision (1) of this subsection, the source of income may deduct a fee, not to exceed one dollar, for administrative costs incurred by the source of income for each withholding;
(4) That withholding is binding on the source of income until further notice by the Bureau for Child Support Enforcement or until the source of income notifies the Bureau for Child Support Enforcement of a termination of the obligor's employment in accordance with the provisions of section four hundred twelve of this article;
(5) That the source of income is subject to a fine for discharging an obligor from employment, refusing to employ or taking disciplinary action against any obligor because of the withholding;
(6) That when the source of income fails to withhold income in accordance with the provisions of the notice, the source of income is liable for the accumulated amount the source of income should have withheld from the obligor's income;
(7) That the withholding under the provisions of this part shall have priority over any other legal process under the laws of this state against the same income and shall be effective despite any exemption that might otherwise be applicable to the same income;
(8) That when an employer has more than one employee who is an obligor who is subject to wage withholding from income under the provisions of this code, the employer may combine all withheld payments to the Bureau for Child Support Enforcement when the employer properly identifies each payment wit the information listed in this part. A source of income is liable to an obligee, including the State of West Virginia or the Department of Health and Human Resources where appropriate, for any amount which the source of income fails to identify with the information required by this part and is therefore not received by the obligee;
(9) That the source of income shall implement withholding no later than the first pay period or first date for payment of income that occurs after fourteen days following the date the notice to the source of income was mailed; and
(10) That the source of income shall notify the Bureau for Child Support Enforcement promptly when the obligor terminates his or her employment or otherwise ceases receiving income from the source of income and shall provide the obligor's last known address and the name and address of the obligor's new source of income, if known.
(b) The ~~commission~~ Bureau for Child Support Enforcement shall, by administrative rule, establish procedures for promptly refunding to obligors amounts which have been improperly withheld under the provisions of this part. When a court reduces an order of support, the Bureau for Child Support Enforcement is not liable for refunding amounts which have been withheld pursuant to a court order enforceable at the time that the bureau received the funds unless the funds were kept by the state. The obligee or obligor who received the benefit of the withheld amounts shall be liable for promptly refunding any amounts which would constitute an overpayment of the support obligation.
§48-14-408. Determination of amounts to be withheld.
Notwithstanding any other provision of this code to the contrary which provides for a limitation upon the amount which may be withheld from earnings through legal process, the amount of an obligor's aggregate disposable earnings for any given workweek which may be withheld as support payments is to be determined in accordance with the provisions of this subsection, as follows:
(1) After ascertaining the status of the payment record of the obligor under the terms of the support order, the payment record shall be examined to determine whether any arrearage is due for amounts which should have been paid prior to a twelve-week period which ends with the workweek for which withholding is sought to be enforced.
(2) Prior to the first day of January, two thousand one, when none of the withholding is for amounts which came due prior to such twelve-week period, then:
(A) When the obligor is supporting another spouse or dependent child other than the spouse or child for whom the proposed withholding is being sought, the amount withheld may not exceed fifty percent of the obligor's disposable earnings for that week; and
(B) When the obligor is not supporting another spouse or dependent child as described in paragraph (A) of this subdivision, the amount withheld may not exceed sixty percent of the obligor's disposable earnings for that week.
(3) Prior to the first day of January, two thousand one, when a part of the withholding is for amounts which came due prior to such twelve-week period, then:
(A) Where the obligor is supporting another spouse or dependent child other than the spouse or child for whom the proposed withholding is being sought, the amount withheld may not exceed fifty-five percent of the obligor's disposable earnings for that week; and
(B) Where the obligor is not supporting another spouse or dependent child as described in paragraph (A) of this subdivision, the amount withheld may not exceed sixty-five percent of the obligor's disposable earnings for that week.
(4) Beginning the first day of January, two thousand one, when none of the withholding is for amounts which came due prior to such twelve-week period, then:
(A) When the obligor is supporting another spouse or dependent child other than the spouse or child for whom the proposed withholding is being sought, the amount withheld may not exceed forty percent of the obligor's disposable earnings for that week; and
(B) When the obligor is not supporting another spouse or dependent child as described in paragraph (A) of this subdivision, the amount withheld may not exceed fifty percent of the obligor's disposable earnings for that week.
(5) Beginning the first day of January, two thousand one, when a part of the withholding is for amounts which came due prior to such twelve-week period, then:
(A) When the obligor is supporting another spouse or dependent child other than the spouse or child for whom the proposed withholding is being sought, the amount withheld may not exceed forty-five percent of the obligor's disposable earnings for that week; and
(B) Where the obligor is not supporting another spouse or dependent child as described in paragraph (A) of this subdivision, the amount withheld may not exceed fifty-five percent of the obligor's disposable earnings for that week.
(6) In addition to the percentage limitations set forth in subdivisions (2) and (3) of this section, it shall be a further limitation that when the current month's obligation plus arrearages are being withheld from salaries or wages in no case shall the total amounts withheld for the current month's obligation plus arrearage exceed the amounts withheld for the current obligation by an amount greater than twenty-five percent of the current monthly support obligation.
(7) The provisions of this section shall apply directly to the withholding of disposable earnings of an obligor regardless of whether the obligor is paid on a weekly, biweekly, monthly or other basis.
(8) The Bureau for Child Support Enforcement has the authority to prorate the current support obligation in accordance with the pay cycle of the source of income. This prorated current support obligation shall be known as the 'adjusted support obligation'. The current support obligation or the adjusted support obligation is the amount, if unpaid, on which interest will be charged.
(9) When an obligor acts so as to purposefully minimize his or her income and to thereby circumvent the provisions of this Part 4 which provide for withholding from income of amounts payable as support, the amount to be withheld as support payments may be based upon the obligor's potential earnings rather than his or her actual earnings, and such obligor may not rely upon the percentage limitations set forth in this subsection which limit the amount to be withheld from disposable earnings.
(10) Notwithstanding any other provision of this section, the Bureau for Child Support Enforcement may withhold not more than fifty percent of any earnings denominated as an employment related bonus to satisfy an outstanding child support arrearage.
§48-14-502. Willful failure or refusal to comply with order to pay support.
If the court finds that the obligor willfully failed or refused to comply with an order requiring the payment of support, the court shall find the obligor in contempt and may do one or more of the following:
(1) Require additional terms and conditions consistent with the court's support order.
(2) After notice to both parties and a hearing, if requested by a party, on any proposed modification of the order, modify the order in the same manner and under the same requirements as an order requiring the payment of support may be modified under the provisions of Part 5-701, et seq. A modification sought by an obligor, if otherwise justified, shall not be denied solely because the obligor is found to be in contempt.
(3) Order that all accrued support and interest thereon be paid under such terms and conditions as the court, in its discretion, may deem proper.
(4) Order the contemnor to pay support in accordance with a plan approved by the Bureau for Child Support Enforcement or to participate in such work activities as the court deems appropriate.
(5) If appropriate under the provisions of section 1-304:
(A) Commit the contemnor to the ~~county or~~ regional jail; or
(B) Commit the contemnor to the ~~county or~~ regional jail with the privilege of leaving the jail, during such hours as the court determines and under such supervision as the court considers necessary, for the purpose of allowing the contemnor to go to and return from his or her place of employment.
§48-14-503. Limitation on length of commitment.
(a) In a commitment under subdivision (5) of section 14-502 shall ~~not exceed forty-five days for the first adjudication of contempt or ninety days for any subsequent adjudication of contempt~~ the court shall confine the contemnor for an indeterminate period not to exceed six months or until such time as the contemnor has purged himself or herself, whichever shall first occur.
(b) An obligor committed under subdivision (5) of section 14-502 shall be released by court order if the court has reasonable cause to believe that the obligor will comply with the court's order.
§48-14-701. Posting of bonds or giving security to guarantee payment of overdue support.

~~(a)~~ An obligor with a pattern of overdue support may be required by order of the court to post bond, give security or some other guarantee to secure payment of overdue support. The guarantee may include an order requiring that stocks, bonds or other assets of the obligor be held in escrow by the court until the obligor pays the support.
(b) No less than fifteen days before such an order may be entered, the Bureau for Child Support enforcement attorney shall cause the mailing of a notice by first class mail to the obligor informing the obligor of the impending action, his or her right to contest it, and setting forth a date, time and place for a meeting with the Bureau for Child Support enforcement attorney and the date, time and place of a hearing before the family court if the impending action is contested.

§48-14-801. When monthly payments may be increased to satisfy overdue support.

(a) For the purpose of securing overdue support, the Bureau for Child Support Enforcement has the authority to increase the monthly support payments of an obligor by as much as one hundred dollars per month to satisfy the arrearage when:
(1) An obligor has failed to make payments as required by a support order and arrears are equal to an amount of support payable for six months if the order requires support to be paid in monthly installments; or
(2) An obligor has failed to make payments as required by a support order and arrears are equal to an amount of support payable for twenty-seven weeks if the order requires support to be paid in weekly or biweekly installments.
(b) For the purpose of securing overdue support, the Bureau for Child Support Enforcement has the authority to increase the monthly support payments of an obligor by as much as two hundred dollars per month to satisfy the arrearage when:
(1) An obligor's gross income equals or exceeds sixty-five thousand dollars; and,
(2) An obligor has failed to make payments as required by a support order and arrears are equal to an amount of support payable for twelve months if the order requires support to be paid in monthly installments; or
(3) An obligor has failed to make payments as required by a support order and arrears are equal to an amount of support payable for fifty-four weeks if the order requires support to be paid in weekly or biweekly installments.
~~(b)~~ (c) An increase in monthly support under this section will be in addition to any amounts withheld from income pursuant to of this article.
~~(c)~~ (d) This increase in monthly support may be enforced through the withholding process.
ARTICLE 15. Enforcement of support order through action against license.

Part 2. Action Against License.
§48-15-201. Licenses subject to action.
The following licenses are subject to an action against a license as provided for in this article:
(1) A business registration certificate issued under article twelve, chapter eleven of this code authorizing a person to transact business in the State of West Virginia;
~~(1)~~ (2) A permit or license issued under chapter seventeen-b of this code authorizing a person to drive a motor vehicle;
~~(2)~~ (3) A commercial driver's license issued under chapter seventeen-e of this code authorizing a person to drive a class of commercial vehicle;
~~(3)~~ (4) A permit, license or stamp issued under article two or two-b, chapter twenty of this code regulating a person's activities for wildlife management purposes, authorizing a person to serve as an outfitter or guide or authorizing a person to hunt or fish;
~~(4)~~ (5) A license or registration issued under chapter thirty of this code authorizing a person to practice or engage in a profession or occupation;
~~(5)~~ (6) A license issued under article twelve, chapter forty-seven of this code authorizing a person to transact business as a real estate broker or real estate salesperson;
~~(6)~~ (7) A license or certification issued under article fourteen, chapter thirty-seven of this code authorizing a person to transact business as a real estate appraiser;
~~(7)~~ (8) A license issued under article twelve, chapter thirty-three of this code authorizing a person to transact insurance business as an agent, broker or solicitor;
~~(8)~~ (9) A registration made under article two, chapter thirty-two of this code authorizing a person to transact securities business as a broker-dealer, agent or investment advisor;
~~(9)~~ (10) A license issued under article twenty-two, chapter twenty-nine of this code authorizing a person to transact business as a lottery sales agent;
~~(10)~~ (11) A license issued under article thirty-two or thirty-four, chapter sixteen of this code authorizing persons to pursue a trade or vocation in asbestos abatement or radon mitigation;
~~(11)~~ (12) A license issued under article eleven, chapter twenty-one of this code authorizing a person to act as a contractor;
~~(12)~~ (13) A license issued under article two-c, chapter nineteen of this code authorizing a person to act as an auctioneer; and
~~(13)~~ (14) A license, permit or certificate issued under chapter nineteen of this code authorizing a person to sell, market or distribute agricultural products or livestock.
ARTICLE 17. WEST VIRGINIA SUPPORT ENFORCEMENT COMMISSION.

§48-17-101. Creation of Support Enforcement Commission; number of members.

The West Virginia Support Enforcement Commission, consisting of ~~eight~~ nine members, is hereby created in the Department of Health and Human Resources and may use the administrative support and services of that department. The commission is not subject to control, supervision or direction by the Department of Health and Human Resources, but is an independent, self-sustaining commission that shall have the powers and duties specified in this chapter.
The commission is a part-time commission whose members perform such duties as specified in this chapter. The ministerial duties of the commission shall be administered and carried out by the Commissioner of the Bureau for Child Support Enforcement, with the assistance of such staff of the Department of Health and Human Resources as the Secretary may assign.
Each member of the commission shall devote the time necessary to carry out the duties and obligations of the office and the seven members appointed by the Governor may pursue and engage in another business, occupation or gainful employment that is not in conflict with the duties of the commission.
While the commission is self-sustaining and independent, it, its members, its employees and the commissioner are subject to article nine-a, chapter six of this code, chapter six-b of this code, chapter twenty-nine-a of this code and chapter twenty-nine-b of this code.

§48-17-102. Appointment of members of Support Enforcement Commission; qualifications and eligibility.

(a) Of the ~~eight~~ nine members of the commission, seven members are to be appointed by the governor: Provided, That no more than five members of the commission may belong to the same political party.
(1) One member is to be a lawyer licensed by, and in good standing with, the West Virginia State Bar, with at least five years of professional experience in domestic relations law and the establishment and enforcement of support obligations;
(2) One member is to be a person experienced as a public administrator in the supervision and regulation of a governmental agency;
(3) One member is to be an employer experienced in withholding support payments from the earnings of obligors;
(4) One member is to be a practicing family court judge, as an ex officio member, who will serve in an advisory capacity, without compensation or voting rights; and
(5) Three members are to be representatives of the public at large, with at least one being an obligor and one being an obligee.
(b) One member is to be the commissioner of the Bureau for Children and Families, Department of Health and Human Resources or his or her designee.
(c) The Commissioner of the Bureau for Child Support Enforcement, or his or her designee, is an ex officio nonvoting member of the commission.
~~(c)~~ (d) Each member of the commission is to be a citizen of the United States, a resident of the State of West Virginia and at least twenty-one years of age.
§48-17-103. Terms of commission members; conditions of membership.
(a) Beginning first day of June, two thousand eight, and every four years thereafter, the Governor shall convene the commission to review the child support guidelines, in accordance with the Code of Federal Regulations, Part 45, Section 302.56(C)(3)(e).
(b) The Governor shall make appointments by the first day of June, two thousand eight, and on the first day of June every four years thereafter.
(c) The Commissioner shall report the commission's findings and recommendations to the Legislative Oversight Commission on Health and Human Resources Accountability by the first day of July, two thousand nine, and by the first day of July every four years thereafter.
(d) The commissioners terms shall expire on the first day of July in the year in which they submit the required report Legislature as set forth in subsection (c) of this section.
§48-17-105. Commission chairman.
The Commissioner of the Bureau for Child Support Enforcement shall serve as the chair of the commission.
§48-17-106. Compensation of members; reimbursement for expenses.
(a) Each voting member of the commission shall receive one hundred dollars for each day or portion thereof spent in the discharge of his or her official duties.
(b) Each member of the commission shall be reimbursed for all actual and necessary expenses and disbursements involved in the execution of official duties.
§48-17-107. Meeting requirements.
(a) The commission shall meet within the state at least twice per calendar year and at such other times as the chairman may decide. The commission shall also meet upon a call of four or more members upon seventy-two hours written notice to each member. at least twice during the one-year term for the sole purpose of reviewing the child support guidelines set forth in article thirteen of this chapter. The commission may determine if it needs to convene more frequently to effectively study the guidelines, but shall not meet more than eight times during the one-year term.
(b) Four voting members of the commission are a quorum for the transaction of any business and for the performance of any duty.
(c) A majority vote of the voting members present is required for any final determination by the commission.
(d) The commission may elect to meet in executive session after an affirmative vote of a majority of its members present according to section four, article nine-a, chapter six of this code.
(e) The commission shall keep a complete and accurate record of all its meetings according to section five, article nine-a, chapter six of this code.
§48-17-109. General duties of support enforcement commission.
The support enforcement commission shall have general responsibility to review and provide comment to the bureau for child support enforcement on its policies and procedures for obtaining and enforcing support orders and establishing paternity according to this chapter, as hereinafter provided, including, without limitation, the responsibility for the following:
(a) To serve as a clearinghouse for information;
(b) To keep a record of all commission proceedings available for public inspection;
(c) To file a written annual report to the governor, the president of the Senate and the speaker of the House of Delegates on or before the thirtieth day of January of each year, and such additional reports as the governor or Legislature may request;
(d) To apply for grants;
(e) To form partnerships with state institutions of higher learning;
(f) The commission shall conduct the federally required review [45 C.F.R. 302.56(C)(3)(e)] of the child support formula every four years and make a report to the Legislature of their findings.
(a) Federal law requires that each state periodically review the formula used to set child support obligations to determine appropriate awards for the support of children. States are required to consider current research and data on the costs of and expenditures necessary for rearing children. A process for review of th guidelines should be established to ensure the integrity of the formula and reviews undertaken to comply with federal law.
(b) The commission shall review and analyze:
(1) The current child support guidelines;
(2) Relevant research and data regarding the cots of child rearing;
(3) Research and data on the application of, and deviations from, the child support guidelines;
(4) Current law, administrative rules and practices regarding child support; and
(5) Any other data the commission deems relevant to the review of the current child support guidelines.
ARTICLE 18. BUREAU FOR CHILD SUPPORT ENFORCEMENT.
§48-18-102. Appointment of commissioner; duties; compensation.
(a) There is hereby created the position of commissioner. ~~whose duties include the ministerial management and administration of the office of the support enforcement commission.~~ The commissioner shall:
(1) Be appointed by the secretary;
(2) Serve at the will and pleasure of the secretary;
(3) Serve on a full-time basis and shall not engage in any other profession or occupation, including the holding of a political office in the state either by election or appointment, while serving as commissioner;
(4) Be a lawyer licensed by, and in good standing with, the West Virginia State Bar; and
(5) Have responsible administrative experience, possess management skills and have knowledge of the law as it relates to domestic relations and the establishment and enforcement of support obligations.
Before entering upon the discharge of the duties as commissioner, the commissioner shall take and subscribe to the oath of office prescribed in section five, article iv of the Constitution of West Virginia.
(b) The duties of the commissioner shall include the following:
(1) To direct and administer the daily operations of the ~~commission~~ Bureau for Child Support Enforcement;
(2) To administer the Child Support Enforcement Fund created pursuant to section 18-107 of this article;
(3) To chair the commission set forth in article seventeen of this chapter for the purpose of conducting the federally required review of the child support formula every four years and make a report to the Legislative Oversight Commission on Health and Human Resources Accountability of the commission's findings;
~~(3)~~ (4) To keep the records and papers of the commission, including a record of each proceeding; and
~~(4)~~ (5) To prepare, issue and submit reports of the commission. ~~and~~
~~(5) To perform any other duty that the commission directs.~~
(c) All payments to the commissioner as compensation shall be made from the Child Support Enforcement Fund. The commissioner is entitled to:
(1) A reasonable and competitive compensation package to be established by the secretary; and
(2) Reimbursement for expenses under the standard state travel regulations.
§48-18-118. Obtaining support from state income tax refunds.
(a) The Tax Commissioner shall establish procedures necessary for the Bureau for Child Support Enforcement to obtain payment of past-due support from state income tax refunds from overpayment made to the Tax Commissioner pursuant to the provisions of article twenty-one, chapter eleven of this code.
(b) The Commissioner for the Bureau for Child Support Enforcement shall establish procedures necessary ~~for the Bureau for Child Support Enforcement~~ to enforce a support order through a notice to the Tax Commissioner which will cause any refund of state income tax which would otherwise by payable to an obligor to be reduced by the amount of overdue support owed by such obligor.
(1) ~~Such legislative rule~~ The procedures shall, at a minimum, prescribe:
(A) The time or times at which the Bureau for Child Support Enforcement shall serve on the obligor or submit to the Tax Commissioner notices of past-due support;
(B) The manner in which such notices shall be served on the obligor or submitted to the Tax Commissioner;
(C) The necessary information which shall be contained in or accompany the notices;
(D) The amount of the fee to be paid to the Tax commissioner for the full cost of applying the procedure whereby past-due support is obtained from state income tax refunds; and
(E) Circumstances when the Bureau for Child Support Enforcement may deduct a twenty-five dollar fee from the obligor's state income tax refund. This procedure may not require a deduction from the state income tax refund of an applicant who is a recipient of assistance from the Bureau for Children and Families in the form of temporary assistance for needy families.
(2) Withholding from state income tax refunds may not be pursued unless the Bureau for Child Support Enforcement has examined the obligor's pattern of payment of support and the obligee's likelihood of successfully pursuing other enforcement actions, and has determined that the amount of past-due support which will be owed, at the time the withholding is to be made, will be one hundred dollars or more. In determining whether the amount of past-due support will be one hundred dollars or more, the Bureau for Child Support Enforcement shall consider the amount of all unpaid past-due support, including that which may have accrued prior to the time that the Bureau for Child Support Enforcement first agreed to enforce the support order.
(c) The Commissioner of the Bureau for Child Support Enforcement shall enter into agreements with the Secretary of the Treasury and the Tax Commissioner, and other appropriate governmental agencies, to secure information relating to the Social Security number or numbers and the address or addresses of any obligor, and the name or names and address or addresses of any employer or employers, in order to provide notice between such agencies to aid the Bureau for Child Support Enforcement in requesting state income tax deductions and to aid the Tax Commissioner in enforcing such deductions. In each such case, the Tax Commissioner, in processing the state income tax deduction, shall notify the Bureau for Child Support Enforcement of the obligor's home address and Social Security number or numbers. The Bureau for Child Support Enforcement shall provide this information to any other state involved in processing the support order;
(d) For the purposes of this section, 'past-due support' means the amount of unpaid past-due support owed under the terms of a support order to or on behalf of a child, or to or on behalf of a minor child and the parent with whom the child is living; regardless of whether the amount has been reduced to a judgment or not.
(e) The Bureau for Child Support Enforcement may, under the provisions of this section, enforce the collection of past-due support on behalf of a child who has reached the age of majority.
(f) The procedure shall, at a minimum, provide that prior to notifying the Tax Commissioner of past-due support, a notice to the obligor as prescribed under subsection (a) of this section shall:
(1) Notify the obligor that a withholding will be made from any refund otherwise payable to such obligor;
(2) Instruct the obligor of the steps which may be taken to contest the determination of the Bureau for Child Support Enforcement that past-due support is owed or the amount of the past-due support; and
(3) Provide information with respect to the procedures to be followed, in the case of a joint return, to protect the share of the refund which may be payable to another person.
(g) If the Bureau for Child Support Enforcement is notified by the Tax Commissioner that the refund from which withholding is proposed to be made is based upon a joint return, and if the past-due support which is involved has not been assigned to the Department of Health and Human Resources, the Bureau for Child Support Enforcement may delay distribution of the amount withheld until such time as the Tax Commissioner notifies the Bureau for Child Support Enforcement that the other person filing the joint return has received his or her proper share of the refund, but such delay shall not exceed six months.
(h) In any case in which an amount is withheld by the Tax Commissioner under the provisions of this section and paid to the Bureau for Child Support Enforcement, if the Bureau for Child Support Enforcement subsequently determines that the amount certified as past due was in excess of the amount actually owed at the time the amount withheld is to be distributed, the agency shall pay the excess amount withheld to the obligor thought to have owed the past due support or, in the case of amounts withheld on the basis of a joint return, jointly to the parties filing the return.
(i) The amounts received by the Bureau for Child Support Enforcement shall be distributed in accordance with the provisions for distribution set forth in 42 U. S. C. §657.

§48-18-118a. Obtaining refunds of overpaid support from state income tax refunds.

(a) Definitions.
(1) 'Obligee' means the same as that term is defined in section two hundred thirty-four, article one of this chapter.
(2) 'Obligor' means the same as that term is defined in section two hundred thirty-five, article one of this chapter.
(3) 'Overpaid support' means the same as that term is defined in section two hundred thirty- five, article one of this chapter.
(b) The Tax Commissioner shall cooperate with the Commissioner of the Bureau for Child Support Enforcement in establishing and implementing procedures for the collection of overpaid child support from state income tax refunds that are payable to obligees. The Tax Commissioner shall collect the refunds and send the amounts to the Bureau for Child Support Enforcement for distribution to obligors who made the overpayment.
§48-18-120. Statements of account.
The Bureau for Child Support enforcement shall provide ~~annual~~ monthly statements of their account to each obligor and obligee without charge. Additional statements of account shall be provided at a fee of five dollars, unless such fee is waived pursuant to a rule promulgated by the commission. Statements provided under this subsection are in addition to statements provided for judicial hearings. The commissioner shall establish procedures whereby an obligor or obligee can contest or correct a statement of account.
§48-18-202. Request for assistance by party.
(a) To make a request for assistance under this article, a party shall submit the request in writing to the Bureau for Child Support Enforcement on a form provided by the bureau. The written request form shall include all of the requesting party's information known to the party that is relevant to determine the child support amount. The request shall be accompanied by:
(1) A copy of the order being modified, or in the discretion of the bureau, information sufficient to permit the bureau to retrieve or identify the order;
(2) A form containing a statement of all of the requesting party's information known to the party that is relevant to determining the amount of child support, including a general statement or argument advancing the reason the request is being made;
(3) Copies of documentation reasonably available to the requesting party setting forth all of the requesting party's information that is relevant to determine the amount of child support;
(4) A statement setting forth the relevant information pertaining to the responding party's earnings and child support that is known or believed to be true by the requesting party;
(5) Copies of any relevant documentation which the requesting party may have in its possession which would be relevant to determining the responding party's child support obligations; and
(6) A statement of all other known proceedings pending court proceedings or other pending requests for assistance involving the parties or related to the child or children whose support is being reevaluated.
(b) Upon receipt of notification that an obligor is incarcerated in a regional jail or a state or federal correctional facility, the Bureau for Child Support Enforcement shall determine whether the expected incarceration will exceed six months. If the incarceration will exceed six months, the bureau shall file a petition to modify child support.

§48-18-205. Bureau action on request of recalculation and presentation of proposed order.

(a) If the bureau determines that no credible information exists to establish finding of a substantial change in circumstances as required by section one hundred five, article eleven of this chapter or section one hundred six, article fourteen of this chapter, the Bureau for Child Support Enforcement shall notify the parties of that fact and notify the parties that the Bureau for Child Support Enforcement will not be preparing a petition of proposed order seeking modification of the parties' child support obligation. Under those circumstances, if the parties disagree with the Bureau for Child Support Enforcement's assessment and wish to independently file a petition for modification, the parties may still seek modification of child support by filing a petition for modification of an order for support with the family court under the provisions of section one hundred five or one hundred six, article eleven of this chapter or under the provisions of section one hundred six, article fourteen of this chapter.
(b) If the Bureau for Child Support Enforcement determines that there has been a substantial change of circumstances as required by section one hundred five, article eleven of this chapter or by section one hundred six, article fourteen of this chapter, then the Bureau for Child Support Enforcement shall prepare a petition and proposed order modifying the child support order to be filed with the clerk of the family court.
(c) Any such petition filed by the Bureau for Child Support Enforcement filed pursuant to this article shall include the following:
(1) A copy of the proposed order;
(2) A print-out of the child support guidelines calculations;
(3) A notice of the bureau's action;
(4) The documents and statements relied upon;
(5) Any statement of findings or justification the bureau is required or determines to include; and
(6) A form and instructions for filing an objection to the proposed order, should a party wish to do so, which form shall require a statement of the ground or grounds for filing the objection.
(d) The Bureau for Child Support Enforcement's proposed order shall be based on the child support guidelines: Provided, That the bureau may disregard the child support guidelines or adjust the amount as allowed by section seven hundred two, article thirteen of this chapter in the following instances:
(1) When the previous child support order disregarded the child support guidelines, the grounds for the disregarding or adjusting the guidelines are stated in the worksheet or previous order or are agreed upon by the parties, or are otherwise clear, and those grounds continue to exist and can be applied to the current circumstances; or
(2) If new grounds for the disregard or adjustment are fully explained in the proposed order.
(e) Within six months of the time that a child support obligation becomes one thousand dollars in arrears the Bureau for Child Support Enforcement shall notify the obligor that he or she may be in violation of section twenty-nine, article five, chapter sixty-one of this code, felony nonsupport, should the arreage increase to eight thousand dollars. The notice shall also advise the obligor of the availability of child support modification, the amnesty program established in section three hundred two, article one of this chapter and the possibility of establishing a payment plan with the bureau: Provided, That where the monthly child support obligation is greater than one thousand dollars, the notice shall be sent when the arrearage equals to or grater than three months child support obligation.
(1) If the obligor fails to respond within thirty days, the Bureau for Child Support Enforcement shall file a petition for contempt pursuant to section five hundred three, article fourteen of this chapter.
(2) If the obligor responds within thirty days, the Bureau for Child Support Enforcement shall review the response and file appropriate pleadings which may include a motion for modification of child support.
(3) The Bureau for Child Support Enforcement will have one year from the amendment and reenactment of this section during the two thousand eight legislative session to notify obligors who currently owe one thousand dollars or more in child support arrearages or, where the monthly child support obligation is greater than one thousand dollars, the arrearage is equal to or grater than three months child support obligation, of the child support modification options available to them.
§48-18-206. Family court action on petition and proposed order prepared by Bureau for Child Support Enforcement.

(a) Upon receipt of petition for modification and proposed order prepared by the Bureau for Child Support Enforcement in accordance with the provisions of this article, the circuit clerk shall serve a copy of the petition and the proposed order upon all parties to the proceeding by personal service or by United States certified mail, return receipt requested, and direct the parties to file any objections to the proposed modified child support order within twenty days of the date of receiving such notice.
(b) Within five days of the filing of a petition for modification and proposed order, the circuit clerk shall notify the family court.
(c) If no party files timely objection to the proposed order or timely requests a hearing on the petition after receiving such notice, then the family court ~~may~~ shall proceed to review the petition and proposed order sua sponte, and ~~may~~ shall issue the proposed order. If the family court receives no objection, but the family court concludes that the proposed order should not be entered or should be changed, it shall set the matter for hearing.
(d) If the family court receives an objection to the petition or proposed order, the family court shall set a date and time for hearing.
(e) At any hearing on the proposed order, the family court shall treat the proposed order as a motion for modification made by the party requesting the bureau to initiate the modification. The actions of the family court at a hearing shall be de novo and shall not be an appeal from the bureau's recommended order. The family court shall notify the parties of the hearing and of the parties' rights and the procedures to be followed.
(f) The fees to be assessed for filing and service of the petition and the disbursement of the fee for petitions filed pursuant to this section shall be the same as the fee charged by the clerk for petitioning for an expedited modification of a child support order, as set forth in section eleven, article one, chapter fifty-nine of this code."
The bill was then ordered to third reading.
Com. Sub. for S. B. 536, Exempting Supreme Court probation officers' vehicles from certain registration requirements; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 545, Relating to tax administration efficiency; 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 six, section seven-d, line twenty-nine, following the word "record", by striking out the word "on" and inserting in lieu thereof the word "one".
And,
On page thirteen, section five, line one hundred thirty-seven, following the word "canceled", by inserting a comma and the word "revoked".
The bill was then ordered to third reading.
Com. Sub. for S. B. 552, Relating to prepaid wireless calling taxes, fees and charges ; on second reading, coming up in regular order, was read a second time.
Delegates Armstead, Palumbo, Walters and Lane moved to amend the bill on page thirty- three, section six-b, line one, by striking out the remainder of the bill and inserting in lieu thereof the following:
"(a) ~~Beginning on the first day of July, two thousand seven,~~ All CMRS providers as defined in section two of this article shall, on a monthly basis or otherwise for good cause and as directed by order of the Public Service Commission, collect from each of their in-state two-way service subscribers a wireless enhanced 911 fee. As used in this section 'in-state two-way service subscriber' shall have the same meaning as that set forth in the rules of the Public Service Commission. No later than the first day of June, two thousand six, the Public Service Commission shall, after the receipt of comments and the consideration of evidence presented at a hearing, issue an updated order which directs the CMRS providers regarding all relevant details of wireless enhanced 911 fee collection, including the determination of who is considered an in-state two-way service subscriber and which shall specify how the CMRS providers shall deal with fee collection shortfalls caused by uncollectible accounts. The Public Service Commission shall solicit the views of the wireless telecommunications utilities prior to issuing the order.
(b) The wireless enhanced 911 fee is ~~three dollars~~ seventy-five cents per month for each valid retail commercial mobile radio service subscription, as that term is defined by the Public Service Commission in its order issued under subsection (a) of this section: Provided, That beginning on the first day of July, two thousand five, the wireless enhanced 911 fee shall include ten cents to be distributed to the West Virginia State Police to be used for equipment upgrades for improving and integrating their communication efforts with those of the enhanced 911 systems: Provided, however, That for the fiscal year beginning on the first day of July, two thousand five, and for every fiscal year thereafter, one million dollars of the wireless enhanced 911 fee shall be distributed by the Public Service Commission to subsidize the construction of towers. The moneys shall be deposited in a fund administered by the West Virginia Public Service Commission, entitled Enhanced 911 Wireless Tower Access Assistance Fund, and shall be expended in accordance with an enhanced 911 wireless tower access matching grant order adopted by the Public Service Commission. The commission order shall contain terms and conditions designed to provide financial assistance loans or grants to state agencies, political subdivisions of the state and wireless telephone carriers for the acquisition, equipping and construction of new wireless towers, which would provide enhanced 911 service coverage and which would not be available otherwise due to marginal financial viability of the applicable tower coverage area: Provided further, That the grants shall be allocated among potential sites based on application from county commissions demonstrating the need for enhanced 911 wireless coverage in specific areas of this state. Any tower constructed with assistance from the fund created by this subdivision shall be available for use by emergency services, fire departments and law-enforcement agencies communication equipment, so long as that use does not interfere with the carrier's wireless signal: And provided further, That the Public Service Commission shall promulgate rules in accordance with article three, chapter twenty-nine-a of this code to effectuate the provisions of this subsection. The Public Service Commission is specifically authorized to promulgate emergency rules: And provided further, That for the fiscal year beginning on the first day of July, two thousand six, and for every fiscal year thereafter, five percent of the wireless enhanced 911 fee money received by the Public Service Commission shall be deposited in a special fund established by the Division of Homeland Security and Emergency Management to be used solely for the construction, maintenance and upgrades of the West Virginia Interoperable Radio Project and any other costs associated with establishing and maintaining the infrastructure of the system. Any funds remaining in this fund at the end of the fiscal year shall automatically be reappropriated for the following year.
(c) Beginning in the year one thousand nine hundred ninety-seven, and every two years thereafter, the Public Service Commission shall conduct an audit of the wireless enhanced 911 fee and shall recalculate the fee so that it is the weighted average rounded to the nearest penny, as of the first day of March of the respecification year, of all of the enhanced 911 fees imposed by the counties which have adopted an enhanced 911 ordinance: Provided, That the wireless enhanced 911 fee may never be increased by more than twenty-five percent of its value at the beginning of
the respecification year: Provided, however, That the fee may never be less than the amount set in subsection (b) of this section: Provided further, That beginning on the first day of July, two thousand five, the wireless enhanced 911 fee shall include ten cents to be distributed to the West Virginia State Police to be used for equipment upgrades for improving and integrating their communication efforts with those of the enhanced 911 systems: And provided further, That beginning on the first day of July, two thousand five, one million dollars of the wireless enhanced 911 fee shall be distributed by the Public Service Commission to subsidize the construction of wireless towers as specified in subsection (b) of this section.
(d) The CMRS providers shall, after retaining a three-percent billing fee, send the wireless enhanced 911 fee moneys collected, on a monthly basis, to the Public Service Commission. The Public Service Commission shall, on a quarterly and approximately evenly staggered basis, disburse the fee revenue in the following manner:
(1) Each county that does not have a 911 ordinance in effect as of the original effective date of this section in the year one thousand nine hundred ninety-seven or has enacted a 911 ordinance within the five years prior to the original effective date of this section in the year one thousand nine hundred ninety-seven shall receive ~~eight and one half tenths of~~ one percent of the fee revenues received by the Public Service Commission: Provided, That after the effective date of this section, in the year two thousand five, when two or more counties consolidate into one county to provide government services, the consolidated county shall receive one percent of the fee revenues received by the Public Service Commission for itself and for each county merged into the consolidated county. Each county shall receive ~~eight and one half tenths of one percent~~ a pro rata portion of the ~~remainder of the~~ fee revenues received by the Public Service Commission, based on that county's percentage of the total number of local exchange telephone access lines and line equivalents in service in the state: Provided, however, That after the effective date of this section, in the year two thousand five, when two or more counties consolidate into one county to provide government services, the consolidated county shall receive one percent of the fee revenues received by the Public Service Commission for itself and for each county merged into the consolidated county. Then, from any moneys remaining, each county shall receive a pro rata portion of that remainder based on that county's population as determined in the most recent decennial census as a percentage of the state total population. The Public Service Commission shall recalculate the county disbursement percentages on a yearly basis, with the changes effective on the first day of July, and using data as of the preceding first day of March. The public utilities which normally provide local exchange telecommunications service by means of lines, wires, cables, optical fibers or by other means extended to subscriber premises shall supply the data to the Public Service Commission on a county specific basis no later than the first day of June of each year;
(2) Counties which have an enhanced 911 ordinance in effect shall receive their share of the wireless enhanced 911 fee revenue for use in the same manner as the enhanced 911 fee revenues received by those counties pursuant to their enhanced 911 ordinances;
(3) The Public Service Commission shall deposit the wireless enhanced 911 fee revenue for each county which does not have an enhanced 911 ordinance in effect into an escrow account which it has established for that county. Any county with an escrow account may, immediately upon adopting an enhanced 911 ordinance, receive the moneys which have accumulated in the escrow account for use as specified in subdivision (2), subsection (d) of this section: Provided, That a county that adopts a 911 ordinance after the original effective date of this section in the year one thousand nine hundred ninety-seven or has adopted a 911 ordinance within five years of the original effective date of this section in the year one thousand nine hundred ninety-seven shall continue to receive one percent of the total 911 fee revenue for a period of five years following the adoption of the ordinance. Thereafter, each county shall receive that county's ~~eight and one half tenths of one percent~~ portion of the ~~remaining~~ fee revenue, being disbursed to counties on a pro rata basis: plus that county's additional pro rata portion of the fee revenues then remaining, based on that county's population as determined in the most recent decennial census as a percentage of the state total population: Provided, however, That every five years from the year one thousand nine hundred ninety-seven, all fee revenue residing in escrow accounts shall be disbursed on the pro rata basis specified in subdivision (1) of this subsection, except that data for counties without enhanced 911 ordinances in effect shall be omitted from the calculation and all escrow accounts shall begin again with a zero balance.
(e) CMRS providers have the same rights and responsibilities as other telephone service suppliers in dealing with the failure by a subscriber of a CMRS provider to timely pay the wireless enhanced 911 fee.
(f) Notwithstanding the provisions of section one-a of this article, for the purposes of this section, the term 'county'means one of the counties provided in section one, article one, chapter one of this code.
(g) From any funds distributed to a county pursuant to this section, a total of three percent shall be set aside in a special fund to be used exclusively for the purchase of equipment that will provide information regarding the x and y coordinates of persons who call an emergency telephone system through a commercial mobile radio service: Provided, That upon purchase of the necessary equipment, the special fund shall be dissolved and any surplus shall be used for general operation of the emergency telephone system as may otherwise be provided by law.
(h) Notwithstanding anything to the contrary in this code, beginning the first day of July, two thousand eight, prepaid wireless calling service is no longer subject to the wireless enhanced 911 fee."
On the adoption of the amendment, Delegate Armstead demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 280), and there were--yeas 22, nays 74, absent and not voting 4, with the yeas and absent and not voting being as follows:
Yeas: Armstead, Azinger, Blair, Brown, Duke, Evans, Guthrie, Hatfield, Higgins, Ireland, Lane, J. Miller, Overington, Palumbo, Porter, Romine, Sobonya, Spencer, Sumner, Walters, Webster and Wells.
Absent And Not Voting: Frederick, Mahan, Schoen and Tansill.
So, a majority of the members present and voting not having voted in the affirmative, the amendment was not adopted.
There being no further amendments, the bill was then ordered to third reading.
S. B. 570, Allowing county commissions' involvement in joint development efforts; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Political Subdivisions, was reported by the Clerk and adopted, amending the bill on page two, line four, by striking out the words "county commissions, municipalities" and inserting in lieu thereof the following "county governing bodies, municipal governing bodies".
On page two, line fifteen, by striking out the words, "county commissions, municipalities" and inserting in lieu thereof the following "county governing bodies, municipal governing bodies";
And,
On page two, line twenty-four, by striking out the words, "county commissions, municipalities" and inserting in lieu thereof the following "county governing bodies and municipal governing bodies".
The bill was then ordered to third reading.
Com. Sub. for S. B. 571, Relating to certain firefighters' workers' compensation 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:
"ARTICLE 4. DISABILITY AND DEATH BENEFITS.

§23-4-1. To whom compensation fund disbursed; occupational pneumoconiosis and other occupational diseases included in "injury" and "personal injury"; definition of occupational pneumoconiosis and other occupational diseases; rebuttable presumption for cardiovascular injury and disease or pulmonary disease for firefighters.

(a) Subject to the provisions and limitations elsewhere in this chapter, ~~the commission~~ workers' compensation benefits shall ~~disburse~~ be paid the Workers' Compensation Fund, to the employees of employers subject to this chapter who have received personal injuries in the course of and resulting from their covered employment or to the dependents, if any, of the employees in case death has ensued, according to the provisions hereinafter made~~; and also for the expenses of the administration of this chapter, as provided in section two, article one of this chapter~~: Provided, That in the case of any employees of the state and its political subdivisions, including: Counties; municipalities; cities; towns; any separate corporation or instrumentality established by one or more counties, cities or towns as permitted by law; any corporation or instrumentality supported in most part by counties, cities or towns; any public corporation charged by law with the performance of a governmental function and whose jurisdiction is coextensive with one or more counties, cities or towns; any agency or organization established by the department of mental health for the provision of community health or mental retardation services and which is supported, in whole or in part, by state, county or municipal funds; board, agency, commission, department or spending unit, including any agency created by rule of the Supreme Court of Appeals, who have received personal injuries in the course of and resulting from their covered employment, the employees are ineligible to receive compensation while the employees are at the same time and for the same reason drawing sick leave benefits. The state employees may only use sick leave for nonjob-related absences consistent with sick leave use and may draw workers' compensation benefits only where there is a job-related injury. This proviso shall not apply to permanent benefits: Provided, however, That the employees may collect sick leave benefits until receiving temporary total disability benefits. The division of personnel shall promulgate rules pursuant to article three, chapter twenty-nine-a of this code relating to use of sick leave benefits by employees receiving personal injuries in the course of and resulting from covered employment: Provided further, That in the event an employee is injured in the course of and resulting from covered employment and the injury results in lost time from work and the employee for whatever reason uses or obtains sick leave benefits and subsequently receives temporary total disability benefits for the same time period, the employee may be restored sick leave time taken by him or her as a result of the compensable injury by paying to his or her employer the temporary total disability benefits received or an amount equal to the temporary total disability benefits received. The employee shall be restored sick leave time on a day-for-day basis which corresponds to temporary total disability benefits paid to the employer: And provided further, That since the intent of this subsection is to prevent an employee of the state or any of its political subdivisions from collecting both temporary total disability benefits and sick leave benefits for the same time period, nothing in this subsection prevents an employee of the state or any of its political subdivisions from electing to receive either sick leave benefits or temporary total disability benefits but not both.
(b) For the purposes of this chapter, the terms 'injury' and 'personal injury' includes occupational pneumoconiosis and any other occupational disease, as hereinafter defined, and ~~the commission shall also disburse the workers' compensation fund~~ workers' compensation benefits shall be paid to the employees of the employers in whose employment the employees have been exposed to the hazards of occupational pneumoconiosis or other occupational disease and in this state have contracted occupational pneumoconiosis or other occupational disease, or have suffered a perceptible aggravation of an existing pneumoconiosis or other occupational disease, or to the dependents, if any, of the employees, in case death has ensued, according to the provisions hereinafter made: Provided, That compensation shall not be payable for the disease of occupational pneumoconiosis, or death resulting from the disease, unless the employee has been exposed to the hazards of occupational pneumoconiosis in the state of West Virginia over a continuous period of not less than two years during the ten years immediately preceding the date of his or her last exposure to such hazards, or for any five of the fifteen years immediately preceding the date of his or her last exposure. An application for benefits on account of occupational pneumoconiosis shall set forth the name of the employer or employers and the time worked for each. The commission may allocate to and divide any charges resulting from such claim among the employers by whom the claimant was employed for as much as sixty days during the period of three years immediately preceding the date of last exposure to the hazards of occupational pneumoconiosis. The allocation shall be based upon the time and degree of exposure with each employer.
(c) For the purposes of this chapter, disability or death resulting from occupational pneumoconiosis, as defined in subsection (d) of this section, shall be treated and compensated as an injury by accident.
(d) Occupational pneumoconiosis is a disease of the lungs caused by the inhalation of minute particles of dust over a period of time due to causes and conditions arising out of and in the course of the employment. The term 'occupational pneumoconiosis' includes, but is not limited to, such diseases as silicosis, anthracosilicosis, coal worker's pneumoconiosis, commonly known as black lung or miner's asthma, silico-tuberculosis (silicosis accompanied by active tuberculosis of the lungs), coal worker's pneumoconiosis accompanied by active tuberculosis of the lungs, asbestosis, siderosis, anthrax and any and all other dust diseases of the lungs and conditions and diseases caused by occupational pneumoconiosis which are not specifically designated in this section meeting the definition of occupational pneumoconiosis set forth in this subsection.
(e) In determining the presence of occupational pneumoconiosis, X-ray evidence may be considered but shall not be accorded greater weight than any other type of evidence demonstrating occupational pneumoconiosis.
(f) For the purposes of this chapter, occupational disease means a disease incurred in the course of and resulting from employment. No ordinary disease of life to which the general public is exposed outside of the employment is compensable except when it follows as an incident of occupational disease as defined in this chapter. Except in the case of occupational pneumoconiosis, a disease shall be considered to have been incurred in the course of or to have resulted from the employment only if it is apparent to the rational mind, upon consideration of all the circumstances: (1) That there is a direct causal connection between the conditions under which work is performed and the occupational disease; (2) that it can be seen to have followed as a natural incident of the work as a result of the exposure occasioned by the nature of the employment; (3) that it can be fairly traced to the employment as the proximate cause; (4) that it does not come from a hazard to which workmen would have been equally exposed outside of the employment; (5) that it is incidental to the character of the business and not independent of the relation of employer and employee; and (6) that it appears to have had its origin in a risk connected with the employment and to have flowed from that source as a natural consequence, though it need not have been foreseen or expected before its contraction: Provided, That compensation shall not be payable for an occupational disease or death resulting from the disease unless the employee has been exposed to the hazards of the disease in the state of West Virginia over a continuous period that is determined to be sufficient, by rule of the board of managers, for the disease to have occurred in the course of and resulting from the employee's employment. An application for benefits on account of an occupational disease shall set forth the name of the employer or employers and the time worked for each. The commission may allocate to and divide any charges resulting from such claim among the employers by whom the claimant was employed. The allocation shall be based upon the time and degree of exposure with each employer.
(g) No award shall be made under the provisions of this chapter for any occupational disease contracted prior to the first day of July, one thousand nine hundred forty-nine. An employee shall be considered to have contracted an occupational disease within the meaning of this subsection if the disease or condition has developed to such an extent that it can be diagnosed as an occupational disease.
(h) For purposes of this chapter a rebuttable presumption that a professional or volunteer firefighter who has developed a cardiovascular or pulmonary disease or sustained a cardiovascular injury has received an injury or contracted a disease arising out of and in the course of his or her employment exists if: (i) The person has been actively employed by a fire department as a professional firefighter or as a volunteer firefighter for a minimum of two years prior to the cardiovascular injury or onset of a cardiovascular or pulmonary disease or death; and (ii) the injury or onset of the disease or death occurred within six months of having participated in firefighting or a training or drill exercise which actually involved firefighting. When the above conditions are met, it shall be presumed that sufficient notice of the injury, disease or death has been given and that the injury, disease or death was not self inflicted.
~~(h)~~ (i) Claims for occupational disease as defined in subsection (f) of this section, except occupational pneumoconiosis for all workers and pulmonary disease and cardiovascular injury and disease for professional and volunteer firefighters, shall be processed in like manner as claims for all other personal injuries.
~~(i)~~ (j) On or before the first day of January, two thousand four, the Workers' Compensation Commission shall adopt standards for the evaluation of claimants and the determination of a claimant's degree of whole-body medical impairment in claims of carpal tunnel syndrome."
The bill was then ordered to third reading.
Com. Sub. for S. B. 593, Clarifying library funding obligation from local share; 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 one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
"That §18-9A-11 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.

§18-9A-11. Computation of local share; appraisal and assessment of property; public library support.

(a) On the basis of each county's certificates of valuation as to all classes of property as determined and published by the assessors pursuant to section six, article three, chapter eleven of this code for the next ensuing fiscal year in reliance upon the assessed values annually developed by each county assessor pursuant to the provisions of articles one-c and three of said chapter, the state board shall for each county compute by application of the levies for general current expense purposes, as defined in section two of this article, the amount of revenue which the levies would produce if levied upon one hundred percent of the assessed value of each of the several classes of property contained in the report or revised report of the value, made to it by the Tax Commissioner as follows:
(1) The state board shall first take ninety-five percent of the amount ascertained by applying these rates to the total assessed public utility valuation in each classification of property in the county; and
(2) The state board shall then apply these rates to the assessed taxable value of other property in each classification in the county as determined by the Tax Commissioner and shall deduct therefrom five percent as an allowance for the usual losses in collections due to discounts, exonerations, delinquencies and the like. All of the amount so determined shall be added to the ninety-five percent of public utility taxes computed as provided in subdivision (1) of this subsection and this total shall be further reduced by the amount due each county assessor's office pursuant to the provisions of section eight, article one-c, chapter eleven of this code and this amount shall be the local share of the particular county.
As to any estimations or preliminary computations of local share required prior to the report to the Legislature by the Tax Commissioner, the state shall use the most recent projections or estimations that may be available from the tax department for that purpose.
(b) ~~Commencing with the two thousand thirteen fiscal year and each fiscal year thereafter~~ Effective the first day of July, two thousand thirteen, subsection (a) of this section is void and local share shall be calculated in accordance with the following:
(1) The state board shall for each county compute by application of the levies for general current expense purposes, as defined in sections two and two-a of this article, the amount of revenue which the levies would produce if levied upon one hundred percent of the assessed value calculated pursuant to section five-b, article one-c, chapter eleven of this code;
(2) Five percent shall be deducted from the revenue calculated pursuant to subdivision (1) of this subsection as an allowance for the usual losses in collections due to discounts, exonerations, delinquencies and the like; and
(3) The amount calculated in subdivision (2) of this subsection shall further be reduced by the sum of money due each assessor's office pursuant to the provisions of section eight, article one-c, chapter eleven of this code and this reduced amount shall be the local share of the particular county.
(c) Whenever in any year a county assessor or a county commission ~~shall fail or refuse~~ fails or refuses to comply with the provisions of this section in setting the valuations of property for assessment purposes in any class or classes of property in the county, the State Tax Commissioner shall review the valuations for assessment purposes made by the county assessor and the county commission and shall direct the county assessor and the county commission to make corrections in the valuations as necessary so that they ~~shall~~ comply with the requirements of chapter eleven of this code and this section and the Tax Commissioner shall enter the county and fix the assessments at the required ratios. Refusal of the assessor or the county commission to make the corrections constitutes grounds for removal from office.
(d) For the purposes of any computation made in accordance with the provisions of this section, in any taxing unit in which tax increment financing is in effect pursuant to the provisions of article eleven-b, chapter seven of this code, the assessed value of a related private project shall be the base-assessed value as defined in section two of said article.
(e) For purposes of any computation made in accordance with the provisions of this section, in any county where the county board of education has adopted a resolution choosing to use the provisions of the Growth County School Facilities Act set forth in section six-f, article eight, chapter eleven of this code, estimated school board revenues generated from application of the regular school board levy rate to new property values, as that term is designated in said section, may not be considered local share funds and shall be subtractedbefore the computations in subdivisions (1) and (2), subsection (a) of this section or in subdivisions (2) and (3), subsection (b) of this section, as applicable, are made.
(f) The Legislature finds that public school systems throughout the state provide support in varying degrees to public libraries through a variety of means including budgeted allocations, excess levy funds and portions of their regular school board levies as may be provided by special act. A number of public libraries are situated on the campuses of public schools and several are within public school buildings serving both the students and public patrons. To the extent that public schools recognize and choose to avail the resources of public libraries toward developing within their students such legally recognized elements of a thorough and efficient education as literacy, interests in literature, knowledge of government and the world around them and preparation for advanced academic training, work and citizenship, public libraries serve a legitimate school purpose and may do so economically. For the purposes of any computation made in accordance with the provisions of this section, the library funding obligation on the regular school board levies which is created by a special act and is due and payable from the levy revenues to a library shall be paid from ~~that portion of~~ the county school board's discretionary retainage, which is hereby defined as the amount by which the regular school board ~~the~~ levies ~~which~~ exceeds the ~~proportion determined to be~~ local share as determined hereunder. If the library funding obligation which is created by a special act and is due and payable to a library is greater than the ~~amount available in excess of the county's local share~~ county school board's discretionary retainage, the library funding obligation created by the special act is amended and is reduced to the amount ~~which is~~ ~~available,~~ of the discretionary retainage, notwithstanding any provisions of the special act to the contrary. Any excess of the discretionary retainage over the library funding obligation shall be available for expenditure by the county board in its discretion for its properly budgeted purposes.
(g) It is the intent of the Legislature that whenever a provision of subsection (f) of this section is contrary to any special act of the Legislature which has been or may in the future be enacted by the Legislature that creates a library funding obligation on the regular school board levy of a county, subsection (f) of this section controls over the special act. Specifically, the special acts which are subject to said subsection upon the enactment of this section during the two thousand seven regular session of the Legislature include:
(1) Enrolled Senate Bill No. 11, passed on the twelfth day of February, one thousand nine hundred seventy, applicable to the Berkeley County Board of Education;
(2) Enrolled House Bill No. 1352, passed on the seventh day of April, one thousand nine hundred eighty-one, applicable to the Hardy County Board of Education;
(3) Enrolled Committee Substitute for House Bill No. 2833, passed on the fourteenth day of March, one thousand nine hundred eighty-seven, applicable to the Harrison County Board of Education;
(4) Enrolled House Bill No. 161, passed on the sixth day of March, one thousand nine hundred fifty-seven, applicable to the Kanawha County Board of Education;
(5) Enrolled Senate Bill No. 313, passed on the twelfth day of March, one thousand nine hundred thirty-seven, as amended by Enrolled House Bill No. 1074, passed on the eighth day of March, one thousand nine hundred sixty-seven, and as amended by Enrolled House Bill No. 1195, passed on the eighteenth day of January, one thousand nine hundred eighty-two, applicable to the Ohio County Board of Education;
(6) Enrolled House Bill No. 938, passed on the twenty-eighth day of February, one thousand nine hundred sixty-nine, applicable to the Raleigh County Board of Education;
(7) Enrolled House Bill No. 398, passed on the first day of March, one thousand nine hundred thirty-five, applicable to the Tyler County Board of Education;
(8) Enrolled Committee Substitute for Senate Bill No. 450, passed on the eleventh day of March, one thousand nine hundred ninety-four, applicable to the Upshur County Board of Education; and
(9) Enrolled House Bill No. 2994, passed on the thirteenth day of March, one thousand nine hundred eighty-seven, applicable to the Wood County Board of Education.
(h) Notwithstanding any provision of any special act set forth in subsection (g) of this section to the contrary, the county board of any county with a special act creating a library obligation out of the county's regular school levy revenues may transfer that library obligation so that it becomes an a continuing obligation of its excess levy revenues instead of an obligation of its regular school levy revenues, subject to the following:
(1) If a county board chooses to transfer the library obligation pursuant to this subsection, the library funding obligation shall remain an obligation of the regular school levy revenues until ~~after~~ the fiscal year in which ~~a vote on an~~ the excess levy ~~occurs~~ is effective or would have been effective if it had been passed by the voters;
(2) If a county board chooses to transfer the library obligation pursuant to this subsection, the county board shall include the funding of the public library obligation in the same amount as its library funding obligation which exists or had existed on its regular levy revenues as ~~the purpose or~~ one of the purposes for the excess levy to be voted on as a specifically described line item of the excess levy: Provided, That if the county board has transferred the library obligation to the excess levy and the excess levy fails to be passed by the voters or the excess levy passes and thereafter expires upon the time limit for continuation as set forth in section sixteen, article eight, chapter eleven of this code, then in any subsequent excess levy which the county board thereafter submits to the voters the library funding obligation again shall be included as one of the purposes of the subsequent excess levy as a specifically described line item of the excess levy;
(3) If a county board chooses to transfer the library obligation pursuant to this subsection, regardless of whether or not the excess levy passes, effective the fiscal year ~~after the fiscal year~~ in which ~~a vote on~~ the excess levy ~~occurs,~~ is effective or would have been effective if it had been passed by the voters, a county's library obligation on its regular levy revenues is void notwithstanding any provision of the special acts set forth in subsection (g) of this section to the contrary; and
(4) Nothing in subdivision (3) of this subsection prohibits a county board from funding its public library obligation voluntarily."
The bill was then ordered to third reading.
Com. Sub. for S. B. 596, Relating to Streamlined Sales and Use Tax Agreement; 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 thirty-two, section two, line five hundred ninety-one, following the paragraph designation (A), by striking out the word "Lay" and inserting in lieu thereof the word "Clay".
Beginning on page thirty-seven, section two, line six hundred eighty-eight through line seven hundred seven, by striking out subdivision (57) in its entirety, and by redesignating the remaining subdivisions accordingly.
And,
On page forty-four, section two-b, line twenty-four, following the words "Telecommunications service", by inserting the words "or telecommunication service".
The bill was then ordered to third reading.
S. B. 606, Requiring hiring preference for summer school program positions; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 638, Requiring information collection from catalytic converter purchasers; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page five, following line seventy-one, by adding a new subsection to read as follows:
"(h) Nothing in this section is intended to apply to a consumer purchasing a vehicle which contains a catalytic converter, nor is it intended to apply to a consumer who purchases a replacement catalytic converter for a vehicle."
The bill was then read a third time.
Com. Sub. for S. B. 645, Exempting city and county hospitals from certain audit requirements; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 659, Increasing certain crime victims' benefits; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 671, Increasing presiding Court of Claims' judge compensation; on second reading, coming up in regular order, was read a second time.
At the request of Delegate DeLong, and by unanimous consent, the bill was advanced to third reading, and the rule was suspended to permit the consideration of a pending amendment by the Committee on Finance on third reading.
S. B. 673, Making supplementary appropriation to Department of Health and Human Resources; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 674, Making supplementary appropriation to Department of Administration and Department of Military Affairs and Public Safety; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 722, Granting regulatory power to certain Board of Pharmacy facilities; on second reading, coming up in regular order, was, on motion of Delegate DeLong, laid over.
At 3:00 p.m., on motion of Delegate DeLong, the House of Delegates recessed until 5:30 p.m., and reconvened at that time.
* * * * * * * *
Evening Session
* * * * * * * * *
At the request of Delegate DeLong, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
Com. Sub. for S. B. 751, Relating to Surface Coal Mining and Reclamation Act,
And,
Com. Sub. for S. B. 778, Relating to veterans' benefits,
And reports the same back with the recommendation that they each do pass.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
S. B. 466, Authorizing Water Development Authority to administer Dam Safety Rehabilitation Revolving Fund Loan Program,
And reports the same back with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (S. B. 466) to the Committee on Finance was abrogated.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 185, Clarifying mental conditions which prohibit firearms' possession and creating state registry of such persons,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 224, Creating Joint Emergency Services Act of 2008,
And reports the same back, with a title amendment, with the recommendation that it do pass, as amended.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
Com. Sub. for S. B. 239, Creating Senior Citizen Property Tax Payment Deferment Act,
Com. Sub. for S. B. 565, Relating to increased real property assessment notice,
And,
S. B. 735, Dedicating parts of certain severance taxes to counties and municipalities,
And reports the same back, with amendment, with the recommendation they each do pass.
At the respective requests of Delegate DeLong, and by unanimous consent, the bills (Com. Sub. for S. B. 239, Com. Sub. for S. B. 565 and S. B. 735) were taken up for immediate consideration, read a first time and then ordered to second reading.
Chairman Poling, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
Com. Sub. for S. B. 9, Mandating hunger safety program in public schools,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but tht 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. 9) was referred to the Committee on Finance.
On motion for leave, a resolution was introduced (Originating in the Committee on Education and reported with the recommendation that it be adopted), which was read by its title, as follows:
By Delegates Paxton, Perry, Pethtel, M. Poling Duke, Moye, Rodighiero, Romine, Wysong, Browning, Frederick, Ellis, Ireland, Stephens, Gall, Williams, Rowan, Ennis, Fragale, Crosier, Wells, Tansill, Shaver, Sumner and J. Miller:

H. C. R. 101 - "Requesting the joint committee on government and finance to make a study on the condition, role and function of county boards of education in terms of their responsibilities in ensuring that these local policy-making entities are best prepared to provide educational governance in the 21^st Century."
Whereas, County boards of education are statutory entities responsible for governance of the state's 55 respective school districts; and
Whereas, County boards of education operate with various means of authority within the strictures of state laws and West Virginia Board of Education rules, regulations, policies and procedures; and
Whereas, The Legislature and West Virginia Board of Education endorse, support and promote needed statutes, policies and procedures to ensure that Mountain State students are well- prepared and equipped to function and participate in a global, 21^st Century world;
Whereas, County boards have the responsibility to ensure, based on guidance of statute and state Board of Education policies, rules and regulations, that students are prepared for a globally competitive 21^st Century world; and
Whereas, County boards must be most prepared to meet these objectives and through effective governance and boardsmanship, largely provided through training and development as required by West Virginia Code §18-5-1a; and
Whereas, Statutes, West Virginia Board of Education policies, rules and regulations necessarily inform, guide and ultimately shape programs of training for county board members; and
Whereas, County boards are responsible for providing the policy leadership necessary to guide local school districts to accomplish legislative and West Virginia Board of Education; and
Whereas, Such a responsibilities best entail and a thorough review of county board roles and responsibilities in terms of governance effectiveness and boardsmanship; and
Whereas, The Legislature is the appropriate body to initiate and best discuss emergent needs in terms of county boards being able to effectively carry out roles and functions; and
Whereas, Legislative-inspired discussions of these roles, responsibilities and function, given necessary county board member input, can help shape future policy relating to school boards in the 21^st Century; and
Whereas, County boards, through the West Virginia School Board Association, an association representing each county board in the states, wishes to actively participate in legislatively-initiated along with invitation and input from other education groups, bodies and governmental entities as selected by the legislative leadership; 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 the condition, role and function of county boards of education in terms of their responsibilities in ensuring that these local policy-making entities are best prepared to provide educational governance in the 21^st Century, including, but not limited to, recommendations for training and development, heightened understanding of role and function, possible enhancement of compensation; 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, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and draft necessary legislation are requested to be paid from legislative appropriations to the joint committee on government and finance.
The Speaker referred the resolution (H. C. R. 101) to the Committee on Rules.
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. 2503, Authorizing the Division of Motor Vehicles to issue an identification card to West Virginia residents who already possess a valid driver's license.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to recede from its amendment and requested the House of Delegates to agree to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses as to
Com. Sub. for H. B. 4074, Creating an Office for Oral Health under the Bureau for Public Health and authorizing a full time director.
The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:
Senators Stollings, Jenkins and Boley.
On motion of Delegate DeLong, the House of Delegates agreed to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the following:
Delegates Perdue, Marshall and Blair.
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 refused to recede from its amendment and requested the House of Delegates to agree to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses as to
Com. Sub. for H. B. 4364, Amending various requirements for motor vehicle dealers.
The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:
Senators Chafin, Stollings and Deem.
On motion of Delegate DeLong, the House of Delegates agreed to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the following:
Delegates Hrutkay, Tabb and Schadler.
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. 4418, Establishing a statewide reporting system for hospitals to report their infection rates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 4496, Providing opportunities for members of the Teachers' Defined Contribution Retirement System ("TDC") to the State Teachers Retirement System ("TRS").
On motion of Delegate DeLong, 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 §18-7C-13 and §18-7C-14 of the Code of West Virginia, 1931, as amended, be repealed; that said code be amended by adding thereto a new section, designated section §11-21-12h; that §18-7A-14, §18-7A-17, §18-7A-18, §18-7A-34 and §18-7A-40 of said code be amended and reenacted; that §18-7B-7, §18-7B-7a and §18-7B-8 of said code be amended and reenacted; that §18- 7C-1, §18-7C-2, §18-7C-3, §18-7C-4, §18-7C-5, §18-7C-6, §18-7C-7, §18-7C-8, §18-7C-9, §18-7C- 10, §18-7C-11 and §18-7C-12 of said code be amended and reenacted; that said code be amended by adding thereto a new section, designated section §18-7C-15; and that §18A-2-2 of said code be amended and reenacted, all to read as follows:
CHAPTER 11. TAXATION.
ARTICLE 21. PERSONAL INCOME TAX.

§11-21-12h. Additional modification reducing federal adjusted gross income for certain State Teachers Retirement System contribution.

(a) If at least seventy percent of actively contributing members of the Teachers' Defined Contribution Retirement system affirmatively elect to transfer to the State Teachers Retirement System within the period provided in article seven-c, chapter eighteen of this code, for tax years beginning on and after the first day of January, two thousand eight and for any member electing to make the transfer, in addition to the amounts authorized to be subtracted from federal adjusted gross income pursuant to subsection (c), section twelve of this article, any lump sum payment made pursuant to section seven, article seven-c, chapter eighteen of this code for the purpose of receiving credit in the State Teachers Retirement System for service in the Defined Contribution Retirement System and any payroll deduction made for the purpose of repaying a loan made for that purpose is also an authorized modification reducing federal adjusted gross income: Provided, That any rollover of a qualified tax deferred individual retirement account to the State Teachers Retirement System is not eligible for the modification authorized by this subsection.
(b) This modification is available regardless of the type of return form filed.
(c) For any lump sum payment made pursuant to article seven-c, chapter eighteen of this code for the purpose of receiving credit in the State Teachers Retirement System for service in the Defined Contribution Retirement System, the taxpayer also may elect to carry forward the modification over a period not to exceed five taxable years, beginning in the taxable year in which the payment was made.
(d) Notwithstanding any other provision of this section to the contrary, the total modification reducing federal adjusted gross income in all years shall not exceed the total payment made pursuant to section seven, article seven-c, chapter eighteen of this code for the purpose of receiving full credit in the State Teachers Retirement System for service in the Defined Contribution Retirement System.
CHAPTER 18. EDUCATION.
ARTICLE 7A. STATE TEACHERS RETIREMENT SYSTEM.
§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 a state institution of higher education 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~~ transfer 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-17. Statement and computation of teachers' service; qualified military service.

(a) Under rules adopted by the Retirement Board, each teacher shall file a detailed statement of his or her length of service as a teacher for which he or she claims credit. The Retirement Board shall determine what part of a year is the equivalent of a year of service. In computing the service, however, it shall credit no period of more than a month's duration during which a member was absent without pay, nor shall it credit for more than one year of service performed in any calendar year.
(b) For the purpose of this article, the Retirement Board shall grant prior service credit to new entrants and other members of the retirement system for service in any of the Armed Forces of the United States in any period of national emergency within which a federal Selective Service Act was in effect. For purposes of this section, 'Armed Forces' includes Women's Army Corps, women's appointed volunteers for emergency service, Army Nurse Corps, SPARS, Women's Reserve and other similar units officially parts of the military service of the United States. The military service is considered equivalent to public school teaching, and the salary equivalent for each year of that service is the actual salary of the member as a teacher for his or her first year of teaching after discharge from military service. Prior service credit for military service shall not exceed ten years for any one member, nor shall it exceed twenty-five percent of total service at the time of retirement. Notwithstanding the preceding provisions of this subsection, contributions, benefits and service credit with respect to qualified military service shall be provided in accordance with Section 414(u) of the Internal Revenue Code. For purposes of this section, 'qualified military service' has the same meaning as in Section 414(u) of the Internal Revenue Code. The Retirement Board is authorized to determine all questions and make all decisions relating to this section and, pursuant to the authority granted to the Retirement Board in section one, article ten-d, chapter five of this code, may promulgate rules relating to contributions, benefits and service credit to comply with Section 414(u) of the Internal Revenue Code. No military service credit may be used in more than one retirement system administered by the Consolidated Public Retirement Board.
(c) For service as a teacher in the employment of the federal government, or a state or territory of the United States, or a governmental subdivision of that state or territory, the Retirement Board shall grant credit to the member: Provided, That the member shall pay to the system double the amount he or she contributed during the first full year of current employment, times the number of years for which credit is granted, plus interest at a rate to be determined by the ~~Retirement~~ board. The interest shall be deposited in the reserve fund and service credit granted at the time of retirement shall not exceed the lesser of ten years or fifty percent of the member's total service as a teacher in West Virginia. Any transfer of out-of-state service, as provided in this article, shall not be used to establish eligibility for a retirement allowance and the ~~Retirement~~ board shall grant credit for the transferred service as additional service only: Provided, however, That a transfer of out-of-state service is prohibited if the service is used to obtain a retirement benefit from another retirement system: Provided further, That salaries paid to members for service prior to entrance into the retirement system shall not be used to compute the average final salary of the member under the retirement system.
(d) Service credit for members or retired members shall not be denied on the basis of minimum income rules promulgated by the teachers retirement board: Provided, That the member or retired member shall pay to the system the amount he or she would have contributed during the year or years of public school service for which credit was denied as a result of the minimum income rules of the Teachers Retirement Board.
(e) No members shall be considered absent from service while serving as a member or employee of the Legislature of the state of West Virginia during any duly constituted session of that body or while serving as an elected member of a county commission during any duly constituted session of that body.
(f) No member shall be considered absent from service as a teacher while serving as an officer with a statewide professional teaching association, or who has served in that capacity, and no retired teacher, who served in that capacity while a member, shall be considered to have been absent from service as a teacher by reason of that service: Provided, That the period of service credit granted for that service shall not exceed ten years: Provided, however, That a member or retired teacher who is serving or has served as an officer of a statewide professional teaching association shall make deposits to the Teachers Retirement Board, for the time of any absence, in an amount double the amount which he or she would have contributed in his or her regular assignment for a like period of time.
(g) The Teachers Retirement Board shall grant service credit to any former or present member of the West Virginia Public Employees Retirement System who has been a contributing member for more than three years, for service previously credited by the Public Employees Retirement System and: (1) Shall require the transfer of the member's contributions to the Teachers Retirement System; or (2) shall require a repayment of the amount withdrawn any time prior to the member's retirement: Provided, That there shall be added by the member to the amounts transferred or repaid under this subsection an amount which shall be sufficient to equal the contributions he or she would have made had the member been under the Teachers Retirement System during the period of his or her membership in the Public Employees Retirement System plus interest at a rate to be determined by the Board compounded annually from the date of withdrawal to the date of payment. The interest paid shall be deposited in the reserve fund.
(h) For service as a teacher in an elementary or secondary parochial school, located within this state and fully accredited by the West Virginia Department of Education, the Retirement Board shall grant credit to the member: Provided, That the member shall pay to the system double the amount contributed during the first full year of current employment, times the number of years for which credit is granted, plus interest at a rate to be determined by the ~~Retirement~~ board. The interest shall be deposited in the reserve fund and service granted at the time of retirement shall not exceed the lesser of ten years or fifty percent of the member's total service as a teacher in the West Virginia public school system. Any transfer of parochial school service, as provided in this section, may not be used to establish eligibility for a retirement allowance and the Board shall grant credit for the transfer as additional service only: Provided, however, That a transfer of parochial school service is prohibited if the service is used to obtain a retirement benefit from another retirement system.
(i) Active members who previously worked in CETA (Comprehensive Employment and Training Act) may receive service credit for time served in that capacity: Provided, That in order to receive service credit under the provisions of this subsection the following conditions must be met: (1) The member must have moved from temporary employment with the participating employer to permanent full-time employment with the participating employer within one hundred twenty days following the termination of the member's CETA employment; (2) the board must receive evidence that establishes to a reasonable degree of certainty as determined by the Board that the member previously worked in CETA; and (3) the member shall pay to the board an amount equal to the employer and employee contribution plus interest at the amount set by the board for the amount of service credit sought pursuant to this subsection: Provided, however, That the maximum service credit that may be obtained under the provisions of this subsection is two years: Provided further, That a member must apply and pay for the service credit allowed under this subsection and provide all necessary documentation by the thirty-first day of March, two thousand three: And provided further, That the board shall exercise due diligence to notify affected employees of the provisions of this subsection.
(j) If a member is not eligible for prior service credit or pension as provided in this article, then his or her prior service shall not be considered a part of his or her total service.
(k) A member who withdrew from membership may regain his or her former membership rights as specified in section thirteen of this article only in case he or she has served two years since his or her last withdrawal.
(l) Subject to the provisions of subsections (a) through (l), inclusive, of this section, the board shall verify as soon as practicable the statements of service submitted. The ~~Retirement~~ board shall issue prior service certificates to all persons eligible for the certificates under the provisions of this article. The certificates shall state the length of the prior service credit, but in no case shall the prior service credit exceed forty years.
(m) Notwithstanding any provision of this article to the contrary, when a member is or has been elected to serve as a member of the Legislature, and the proper discharge of his or her duties of public office require that member to be absent from his or her teaching or administrative duties, the time served in discharge of his or her duties of the legislative office are credited as time served for purposes of computing service credit: Provided, That the Board may not require any additional contributions from that member in order for the board to credit him or her with the contributing service credit earned while discharging official legislative duties: Provided, however, That nothing in this section may be construed to relieve the employer from making the employer contribution at the member's regular salary rate or rate of pay from that employer on the contributing service credit earned while the member is discharging his or her official legislative duties. These employer payments shall commence as of the first day of June, two thousand: Provided further, That any member to which the provisions of this subsection apply may elect to pay to the Board an amount equal to what his or her contribution would have been for those periods of time he or she was serving in the Legislature. The periods of time upon which the member paid his or her contribution shall then be included for purposes of determining his or her final average salary as well as for determining years of service: And provided further, That a member using the provisions of this subsection is not required to pay interest on any contributions he or she may decide to make.
(n) The Teachers Retirement Board shall grant service credit to any former member of the State Police Death, Disability and Retirement System who has been a contributing member for more than three years, for service previously credited by the State Police Death, Disability and Retirement System; and: (1) Shall require the transfer of the member's contributions to the Teachers Retirement System; or (2) shall require a repayment of the amount withdrawn any time prior to the member's retirement: Provided, That the member shall add to the amounts transferred or repaid under this paragraph an amount which is sufficient to equal the contributions he or she would have made had the member been under the Teachers Retirement System during the period of his or her membership in the State Police Death, Disability and Retirement System plus interest at a rate to be determined by the Board compounded annually from the date of withdrawal to the date of payment. The interest paid shall be deposited in the reserve fund.
(o) Notwithstanding any provision of this chapter to the contrary, actively contributing members who have twenty-five or more years of service credit in this plan may receive service credit for prior teaching in a state institution of higher education if the retirement contributions to the higher education retirement plan authorized in section four-a, article twenty-three, chapter eighteen of this code have been withdrawn: Provided, That the member must pay to the retirement board double the amount contributed during the first full year of current employment, multiplied by the number of years for which credit is granted, plus interest at a rate to be determined by the board and the member must apply and pay for the service credit allowed under this subsection and provide all necessary documentation by the thirty-first day of December, two thousand eight: Provided, however, That the maximum service credit that may be obtained under the provisions of this subsection is three years. The provisions of section twenty-eight-e of this article are not applicable to the amendments made to this section during the two thousand eight regular session.

§18-7A-18. Teachers Employers Contribution Collection Account; Teachers Retirement System Fund; transfers.

(a) There is hereby created in the State Treasury a special revenue account designated the 'Teachers Employers Contribution Collection Account' to be administered by the Consolidated Public Retirement Board. The Teachers Employers Contribution Collection Account shall be an interest-bearing account with interest credited to and deposited in the account and transferred in accordance with the provisions of this section.
(b) There shall be deposited into the Teachers Employers Contribution Collection Account the following:
(1) Contributions of employers, through state appropriations, and such amounts shall be included in the budget bill submitted annually by the Governor;
(2) Beginning on the first day of July, two-thousand five, contributions from each county in an amount equal to fifteen percent of all salary paid in excess of that authorized for minimum salaries in sections two and eight-a, article four, chapter eighteen-a of this code and any salary equity authorized in section five of said article or any county supplement equal to the amount distributed for salary equity among the counties for each individual who was a member of the Teachers' Retirement System before the first day of July, two-thousand five: 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~~ transfer contemplated in article seven-c of this chapter;
(3) The amounts transferred pursuant to section eighteen-a of this article; and
(4) Any other moneys, available and not otherwise expended, which may be appropriated or transferred to this account.
(c) Moneys on deposit in the Teacher Employers Contribution Collection Account shall be transferred monthly in the following order:
(1) To the Teachers' Retirement System Fund the amount certified by the Consolidated Public Retirement Board as the actuarially required contribution; and
(2) ~~To the Pension Liability Redemption Fund the amount, if any, appropriated in accordance with section eight, article eight, chapter twelve of this code; and~~
~~(3)~~ The balance, if any, to the Employee Pension and Health Care Benefits Fund established under section thirty-nine, article seven-a of this chapter.
(d) There is hereby continued in the State Treasury a separate irrevocable trust designated the Teachers' Retirement System Fund. The Teachers' Retirement System Fund shall be invested as provided in section nine-a, article six, chapter twelve of this code.
(e) There shall be deposited into the Teachers' Retirement System Fund, the following:
(1) Moneys transferred from the Teachers Employers Contribution Collection Account;
(2) Member contributions provided for in section fifteen of this article;
(3) Gifts and bequests to the fund and any accretions and accumulations which may properly be paid into and become a part of the fund;
(4) Specific appropriations to the fund made by the Legislature;
(5) Interest on the investment of any part or parts of the fund; and
(6) Any other moneys, available and not otherwise expended, which may be appropriated or transferred to the Teachers Retirement System or the Fund.
(f) The Teachers Retirement System Fund shall be the fund from which annuities shall be paid.
(g) The Consolidated Public Retirement Board has sole authority to direct and approve the making of any and all fund transfers as provided in this section, anything in this code to the contrary notwithstanding.
(h) References in the code to the Teachers Accumulation Fund, the Employers Accumulation Fund, the Benefit Fund, the Reserve Fund and the Expense Fund mean the Teachers Retirement System Fund.
§18-7A-34. Loans to members.
(a) An actively contributing member of the retirement system upon written application may borrow from his or her individual account in the Teachers ~~Accumulation Fund~~ Retirement System, subject to these restrictions:
(1) Loans shall be made in multiples of ten dollars, the minimal loan being one hundred dollars and the maximum being eight thousand dollars: Provided, That the maximum amount of any loan when added to the outstanding balance of all other loans shall not exceed the lesser of the following: (A) Eight thousand dollars reduced by the excess (if any) of the highest outstanding balance of loans during the one-year period ending on the day before the date on which the loan is made, over the outstanding balance of loans to the member on the date on which the loan is made; or (B) fifty percent of the member's contributions to his or her individual account in the Teachers ~~Accumulations Fund~~ Retirement System: Provided, however, That if the total amount of loaned money outstanding exceeds forty million dollars, the maximum shall not exceed three thousand dollars until the Retirement Board determines that loans outstanding have been reduced to an extent that additional loan amounts are again authorized: Provided further, That the amount of any loan made pursuant to article seven-c of this chapter is not included for the purposes of determining if the forty million dollar threshold has been exceeded.
(2) Interest charged on the amount of the loan shall be six percent per annum, or a higher rate as set by the Board: Provided, That interest charged shall be commercially reasonable in accordance with the provisions of section 72(p)(2) of the Internal Revenue Code, and the federal regulations issued thereunder. If repayable in installments, the interest shall not exceed the annual rate so established upon the principal amount of the loan, for the entire period of the loan, and such charge shall be added to the principal amount of the loan. The minimal interest charge shall be for six months.
(3) No member is eligible for more than one outstanding loan at any time: Provided, That the foregoing provision does not apply to any loan made pursuant to article seven-c of this chapter.
(4) If a refund is payable to the borrower or his or her beneficiary before he or she repays the loan with interest, the balance due with interest to date shall be deducted from the refund.
(5) From his or her monthly salary as a teacher or a nonteacher the member shall pay the loan and interest by deductions which will pay the loan and interest in substantially level payments in not more than sixty nor less than six months. Upon notice of loan granted and payment due, the employer is responsible for making the salary deductions and reporting them to the Retirement Board. At the option of the board, loan deductions may be collected as prescribed herein for the collection of members' contribution, or may be collected through issuance of warrant by employer. If the borrower is no longer employed as a teacher or nonteaching member, the borrower must make monthly loan payments directly to the Consolidated Public Retirement Board and the Board must accept the payments.
(6) The entire unpaid balance of any loan, and interest due thereon, shall, at the option of the board, become due and payable without further notice or demand upon the occurrence with respect to the borrowing member of any of the following events of default: (A) Any payment of principal and accrued interest on a loan remains unpaid after it becomes due and payable under the terms of the loan or after the grace period established in the discretion of the Board; (B) the borrowing member attempts to make an assignment for the benefit of creditors of his or her refund or benefit under the retirement system; or (C) any other event of default set forth in rules promulgated by the board in accordance with the authority granted pursuant to section one, article ten-d, chapter five of this code: Provided, That any refund or offset of an unpaid loan balance shall be made only at the time the member is entitled to receive a distribution under the retirement system.
(7) Loans shall be evidenced by such form of obligations and shall be made upon such additional terms as to default, prepayment, security, and otherwise as the ~~Retirement~~ board ~~may determine~~ determines.
(8) Notwithstanding anything herein to the contrary, the loan program authorized by this section shall comply with the provisions of Section 72(p)(2) and Section 401 of the Internal Revenue Code, and the federal regulations issued thereunder, and accordingly, the Retirement Board is authorized to: (A) Apply and construe the provisions of this section and administer the plan loan program in such a manner as to comply with the provisions of Section 72(p)(2) and Section 401 of the Internal Revenue Code and the federal regulations issued thereunder; (B) adopt plan loan policies or procedures consistent with these federal law provisions; and (C) take such actions as it deems necessary or appropriate to administer the plan loan program created hereunder in accordance with these federal law provisions. The Retirement Board is further authorized in connection with the plan loan program to take any actions that may at any time be required by the Internal Revenue Service regarding compliance with the requirements of Section 72(p)(2) or Section 401 of the Internal Revenue Code, and the federal regulations issued thereunder, notwithstanding any provision in this article to the contrary.
(b) Notwithstanding anything in this article to the contrary, the loan program authorized by this section shall not be available to any teacher or nonteacher who becomes a member of the Teachers Retirement System on or after the first day of July, two thousand five: Provided, That a member is eligible for a loan under ~~subsection (c), section six,~~ article seven-c of this chapter to pay all or part of the ~~one and one-half percent contribution for service in the Defined Contribution Plan~~ actuarial reserve pursuant to section seven, article seven-c, chapter eighteen of this code for the purpose of receiving full credit in the State Teachers Retirement System for service in the Teachers' Defined Contribution Retirement System.
§18-7A-40. Higher education employees.
Nothing in this article or article seven-b of this chapter shall be construed:
(1) To be in conflict with section four-a, article twenty-three, chapter eighteen of this code; or
(2) To affect the membership of higher education employees who are currently members of either the State Teachers Retirement System created in this article or the Teachers' Defined Contribution Retirement System created in article seven-b of this chapter: Provided, That ~~if the merger contemplated by article seven-c of this chapter occurs,~~ any higher education employees who are currently members of the Teachers' Defined Contribution Retirement System ~~shall~~ may become members of the Teachers Retirement System upon meeting the requirements of article seven-c of this chapter.
ARTICLE 7B. TEACHERS' DEFINED CONTRIBUTION RETIREMENT SYSTEM.

§18-7B-7. Participation in Teachers' Defined Contribution Retirement System; limiting participation in existing Teachers Retirement System.

(a) Beginning the first day of July, one thousand nine hundred ninety-one, and except as provided in this section, the Teachers' Defined Contribution Retirement System shall be the single retirement program for all new employees whose employment commences on or after that date and all new employees shall be required to participate. No additional new employees except as may be provided in this section may be admitted to the existing Teachers Retirement System.
(b) Members of the existing Teachers Retirement System whose employment continues beyond the first day of July, one thousand nine hundred ninety-one, and those whose employment was terminated after the thirtieth day of June, one thousand nine hundred ninety-one, under a reduction in force are not affected by subsection (a) of this section and shall continue to contribute to and participate in the existing Teachers Retirement System without a change in plan provisions or benefits.
(c) Any person who was previously a member of the Teachers Retirement System and who left participating employment before the creation of the Teachers' Defined Contribution Retirement System on the first day of July, one thousand nine hundred ninety-one, and who later ~~returned~~ returns to participating employment after the effective date of this section ~~has the right to elect to~~ shall return to the existing Teachers Retirement System or to elect to participate in the Defined Contribution System. The election shall be made at the time of his or her reemployment, is irrevocable and shall be made upon forms approved by and filed with the West Virginia Consolidated Public Retirement Board.
(d) Any person who was, prior to the first day of July, one thousand nine hundred ninety-one, a member of the existing Teachers Retirement System who left participating employment before the creation of the Teachers' Defined Contribution Retirement System on the first day of July, one thousand nine hundred ninety-one, and who later returned to participating employment after that date and who was precluded from returning to the existing Teachers Retirement System as a result of prior provisions of this section, may ~~elect, pursuant to the provisions of this section, readmission to the existing Teachers Retirement System:~~ ~~Provided,~~ That persons who are eligible to, and who make the election to, terminate their participation in the Defined Contribution System and to return to participation in the existing Teachers Retirement System as provided in this section shall make the election, on a form approved by and filed with the West Virginia Consolidated Public Retirement Board on or before the thirtieth day of June, two thousand two: ~~Provided, however,~~ That as a condition of the right of readmission to the existing Teachers Retirement System, a person making the election provided in this section whose Defined Contribution Account had not, prior to election, been divided by a qualified domestic relations order, shall pay an additional contribution to the existing Teachers Retirement System equal to one and one-half percent of his or her annual gross compensation earned for each year during which he or she participated in the Defined Contribution System and shall consent and agree to the transfer of his or her total account balance in the Defined Contribution System as of the most recent plan valuation immediately preceding his or her transfer to the existing Teachers Retirement System. For a person making the election provided in this section whose defined contribution account had, prior to the election, previously been divided by a qualified domestic relations order, the cost to transfer to the existing Teachers Retirement System shall be actuarially determined by the Consolidated Public Retirement Board. Upon verification of that person's eligibility to return to participation in the existing Teachers Retirement System and the tender and transfer of funds as provided in this subsection, a person making this election shall receive service credit for the time the member participated in the Defined Contribution System as if his or her participation had been in the existing Teachers Retirement System: ~~Provided further,~~ That the right to terminate participation in the Defined Contribution System and to resume participation in the existing Teachers Retirement System as provided in this section is irrevocable and shall not apply to any person who, while a member of the Teachers Retirement System, voluntarily elected to terminate his or her membership in the Teachers Retirement System and to become a participant in the Defined Contribution System pursuant to section eight of this article become a member of the Teachers Retirement System upon meeting the requirements provided in article seven-c of this chapter.
(e) Any employee whose employment with an employer was suspended or terminated while he or she served as an officer with a statewide professional teaching association, is eligible for readmission to the existing retirement system in which he or she was a member.
(f) An employee whose employment with an employer or an existing employer is suspended as a result of an approved leave of absence, approved maternity or paternity break in service or any other approved break in service authorized by the Board is eligible for readmission to the existing retirement system in which he or she was a member.
(g) In all cases in which a question exists as to the right of an employee to readmission to membership in the existing Teachers Retirement System, the Consolidated Public Retirement Board shall decide the question.
(h) Any individual who is not a 'member' or 'employee' as defined by section two of this article and any individual who is a leased employee is not eligible to participate in the Teachers' Defined Contribution Retirement System. For purposes of this section, a 'leased' employee means any individual who performs services as an independent contractor or pursuant to an agreement with an employee leasing organization or other similar organization. In all cases in which a question exists as to whether an individual is eligible for membership in this system, the Consolidated Public Retirement Board shall decide the question.
(i) Effective the first day of July, two thousand five and continuing through the first day of two thousand six, any employee of River Valley Child Development Services, Inc., who is a member of the Teachers' Defined Contribution Retirement System may elect to withdraw from membership and join the private pension plan provided by River Valley Child Development Services, Inc.
(j) River Valley Child Development Services, Inc., and its successors in interest shall provide for their employees a pension plan in lieu of the Teachers' Defined Contribution Retirement System on or before the first day of July, two thousand five, and continuing thereafter during the existence of the River Valley Child Development Services, Inc., and its successors in interest. All new employees hired after the thirtieth day of June, two thousand five, shall participate in the pension plan in lieu of the Teachers' Defined Contribution Retirement System.
(k) The administrative body of River Valley Child Development Services, Inc., shall, on or before the first day of June, two thousand five, give written notice to each employee who is a member of the Teachers' Defined Contribution Retirement System of the option to withdraw from or remain in the system. The notice shall include a copy of this section and a statement explaining the member's options regarding membership. The notice shall include a statement in plain language giving a full explanation and actuarial projection figures, prepared by an independent actuary, in support of the explanation regarding the individual member's current account balance, vested and nonvested, and his or her projected return upon remaining in the Teacher's Defined Contribution Retirement System until retirement, disability or death, in comparison with the projected return upon withdrawing from the Teachers' Defined Contribution Retirement System and joining a private pension plan provided by River Valley Child Development Center, Inc., and remaining therein until retirement, disability or death. The administrative body shall keep in its records a permanent record of each employee's signature confirming receipt of the notice.

§18-7B-7a. Plan closed to persons employed for the first time after June, 2005; former employees.

The retirement system created and established in this article shall be closed and no new members accepted in the system after the thirtieth day of June, two thousand five. Notwithstanding the provisions of sections seven and eight of this article, all persons who are regularly employed for full-time service as a member or an employee whose initial employment commences after the thirtieth day of June, two thousand five, shall become a member of the State Teachers' Retirement System created and established in article seven-a of this chapter: Provided, That any person rehired after the thirtieth day of June, two thousand five, shall become a member of the Teachers' Defined Contribution Retirement System created and established in this article, or of the Teachers Retirement System created and established in article seven-a of this chapter, depending upon which system he or she last contributed to while he or she was employed with an employer mandating membership and contributions to one of those plans: Provided, however, That if, and only if, the Teachers' Defined Contribution Retirement System is merged and consolidated with the Teachers Retirement System pursuant to the provisions of article seven-c of this chapter, then all employees shall be a member of the Teachers Retirement System as of the first day of July, two thousand six, as provided in article seven-c of this chapter a rehired person who thereby becomes a member of the Teachers' Defined Contribution Retirement System may become a member of the Teachers Retirement System within the applicable time periods and upon meeting the requirements provided in article seven-c of this chapter.

§18-7B-8. Voluntary participation in system; expiration of right to elect membership in defined contribution system.

(1) Any employee who is a member of the existing retirement system may, upon written election, voluntarily elect membership in the Teachers' Defined Contribution Retirement System, on a prospective basis, on or after the first day of July, one thousand nine hundred ninety-one. All benefits earned by any employee making ~~such~~ a voluntary election under the existing retirement system prior to ~~such a~~ the voluntary election shall be frozen and made available to that employee upon retirement as provided by the existing retirement system. A member of the existing retirement system who has less than five years of contributing service in the existing retirement system may elect to withdraw his or her contribution plus interest thereon as if ~~such~~ the member is terminating employment and upon withdrawal shall deposit ~~such~~ the funds in the defined contribution system: Provided, That ~~such~~ the member's years of contributing service in the existing system shall be applied toward the years of employment service required under section eleven of this article: Provided, however, That this election ~~shall be~~ is allowed on a retroactive basis to the first day of July, one thousand nine hundred ninety-one. For the purposes of this section, 'frozen' means that the member's salary, years of service and any other factor to determine benefits shall be calculated as of the date that the member elected membership in the defined contribution system and after that date no increase in salary, years of service or any other factor may be used to increase the retirement benefit above that which it would be if a person retired upon the date that the election is made. After having made ~~such~~ the election, the employee may not change such election or again become a member of the existing retirement system.
(2) Notwithstanding any provision of this section to the contrary, after the thirtieth day of June, two thousand five, no person who is a member of the State Teachers Retirement System may elect membership in the Teachers' Defined Contribution Retirement System.

ARTICLE 7C. TRANSFER FROM TEACHERS' DEFINED CONTRIBUTION RETIREMENT SYSTEM TO STATE TEACHERS RETIREMENT SYSTEM.

§18-7C-1. Short title.
This article may be cited as the 'Teachers Retirement ~~Equity~~ Transfer Act'.
§18-7C-2. Legislative findings and purpose.
(a) The Legislature declares that the State of West Virginia and its citizens have always believed in a strong public education system. The Constitution of this state mandates a thorough and efficient public education system. The Legislature notes that the quality of our state's education system is dependent, ~~inter alia, upon the motivation and quality of its teachers and educational service personnel.~~
(b) The Legislature finds and declares that the State of West Virginia is privileged to be the home of some of the best teachers and education service personnel in this nation and that our teachers and education service personnel are dedicated and hard-working individuals. The Legislature further finds and declares that our teachers and education service personnel deserve a retirement program whereby they know in advance what their retirement benefit will be, a defined benefit retirement program where our teachers and service personnel will not have to bear the risk of investment performance to receive their full retirement benefit. The Legislature notes that uncertainty exists in the investment markets, especially in the post-September eleventh era, and that placing this risk and uncertainty upon the state in the form of a defined benefit plan will protect and ensure a meaningful retirement benefit for our teachers and educational service personnel.
~~(c)~~ The Legislature declares that it is in the best interests of the teachers and education service personnel in this state, as well as its entire system of public education ~~in this state, and conducive to the fiscal solvency of the State Teachers Retirement System~~, that members of the Teachers' Defined Contribution Retirement System be ~~merged with~~ afforded the opportunity to transfer from that retirement system to the State Teachers Retirement System in a manner that is consistent with the prudent and fiscally sound management of the State Teachers Retirement System.
(d) The Legislature also finds that a fiscally sound retirement program with an ascertainable benefit aids in the retention and recruitment of teachers and school service personnel and that the provisions of this article are designed to accomplish the goals set forth in this section.
(e) The Legislature has studied this matter diligently and in making the determination to merge the two plans has availed itself of an actuarial study of the proposed merger by the actuary of the Consolidated Public Retirement Board and has engaged the service of two independent actuaries.
(f) The Legislature further finds and declares that members of a defined contribution system who must bear the attendant market risk and performance of their investments are truly being provided a significant and greater benefit where the defined contribution system is replaced with a defined benefit system in which the employer bears the risk of market fluctuations and investment performance, especially where those members decide through an election process whether to trade the defined contribution system for a defined benefit system.
(b) It is the purpose of this article to provide a process for members of the Teachers' Defined Contribution Retirement System to transfer to the State Teachers Retirement System in the manner the Legislature has determined by this enactment to be the most conducive to the prudent and fiscally sound management of the State Teachers Retirement System.
§18-7C-3. Definitions.
As used in this article, unless the context clearly requires a different meaning:
(1) 'Actively contributing member of the Teachers' Defined Contribution Retirement System' means a member of that retirement system who was actively contributing to the Teachers' Defined Contribution Retirement System on the thirty-first day of December, two thousand seven.
(2) 'Actuarial Reserve' means the Actuarial Reserve Lump Sum Value of the additional service credit being purchased by a member so electing in accordance with the provisions of section seven of this article.
(3) 'Actuarial Reserve Adjusted Salary' means either:
(A) For a member with a full year service credit in the fiscal year ending the thirtieth day of June, two thousand seven, the member's two thousand seven fiscal year salary increased by seven percent;
(B) For a member with less than a full year service credit in the fiscal year ending the thirtieth day of June, two thousand seven, the member's two thousand seven fiscal year salary annualized to a full year based on the partial year service credit increased by seven percent; or
(C) For a member without service credit in the fiscal year ending the thirtieth day of June, two thousand seven, the member's annualized contract salary in effect on the thirty-first day of December, two thousand seven increased by seven percent.
(4) 'Actuarial Reserve Benefit Date' means the first day of the month coincident with or next following the date at which the member attains the age of sixty, or the thirtieth day of June, two thousand nine, whichever is later.
(5) 'Actuarial Reserve Benefit Date Factors' mean the actuarial lump sum value factors based on a life only annuity starting on the actuarial reserve benefit date applying the 1983 Group Annuity Mortality Tables on a seventy-five percent female and a twenty-five percent male blended unisex basis and interest at seven and one-half percent.
(6) 'Actuarial Reserve Discount Factor' means the annual discount factor applied for the period between the thirtieth day of June, two thousand nine and the actuarial reserve benefit date, if any. This factor based on the State Teachers Retirement System actuarial valuation assumptions shall estimate the impact of mortality, disability, and economic factors for the discount period by application of a net four percent discount rate.
(7) 'Actuarial Reserve Lump Sum Value' means a single sum amount calculated as: A benefit of two percent multiplied by the Teachers' Defined Contribution Retirement System service credit being purchased multiplied by the actuarial reserve adjusted salary; the benefit multiplied by the actuarial reserve benefit date factors to determine the lump sum value multiplied by the actuarial reserve discount factor.
(8) 'Additional service' means the difference between the total Teachers' Defined Contribution Retirement System service credit and the service being credited pursuant to section seven of this article.
(9) 'Affirmatively elect to transfer' means the voluntary execution and delivery to the Consolidated Public Retirement Board, by a member of the Teachers' Defined Contribution Retirement System of a document in a form prescribed by the board that irrevocably authorizes the board to transfer the member and all the member's assets in the Teachers' Defined Contribution Retirement System to the State Teachers Retirement System: Provided, That delivery of the document to the Consolidated Public Retirement Board may be accomplished through submission of the document to the supervisor of a work site pursuant to section eight of this article: Provided, however, That any previous member of the State Teachers Retirement System who voluntarily elected to terminate his or her membership in the State Teachers Retirement System to become a member of the Teachers' Defined Contribution Retirement System and signed an irrevocable transfer request also may affirmatively elect to transfer notwithstanding the prior transfer request;
(10) 'Assets' means all member contributions and employer contributions made on the member's behalf to the Defined Contribution Retirement System and earnings thereon, less any applicable fees as approved by the board: Provided, That if a member has withdrawn or cashed out any amounts, the amounts must have been repaid.
~~(2)~~(11) 'Board' means the Consolidated Public Retirement Board established in article ten-d, chapter five of this code, and its employees.
~~(3) 'Date of merger' means, in the event of a positive vote on the merger, the first day of July, two thousand six.~~
(12) 'Date of transfer' means, in the event that seventy percent or more of the actively contributing members of the Defined Contribution Retirement System voluntarily elect to transfer their assets to the State Teachers Retirement System, the first day of July, two thousand eight.
~~(4)~~(13) 'Defined Contribution Retirement System' means the Teachers' Defined Contribution Retirement System established in article seven-b of this chapter.
(14) 'Member' means any person who has an account balance standing to his or her credit in the Teachers' Defined Contribution Retirement System.
~~(5)~~(15) 'Salary' means:
(A) For a member contributing to the Defined Contribution Retirement System during the two thousand ~~five~~ seven fiscal year, the actual salary earned for the two thousand ~~five~~ seven fiscal year divided by the employment service earned in the two thousand ~~five~~ seven fiscal year.
(B) For a member not contributing to the Defined Contribution Retirement System during the two thousand ~~five~~ seven fiscal year, the contract salary on the date of rehire.
~~(6)~~(16) 'State Teachers Retirement System' means the State Teachers Retirement System established in article seven-a of this chapter.
§18-7C-4. Voluntary transfers.
(a) ~~Subject to~~ In accordance with the provisions of ~~subsection (b) of~~ this ~~section~~ article, ~~on the first day of July, two thousand six,~~ the Consolidated Public Retirement Board shall effect the voluntary transfer of members of the Defined Contribution Retirement System ~~shall be merged and consolidated with~~ to the State Teachers Retirement System. ~~pursuant to the provisions of this article.~~
(b) If ~~a majority of the eligible voting~~ at least seventy percent of actively contributing members of the Teachers' Defined Contribution Retirement System affirmatively elect to transfer to the State Teachers Retirement System within the period provided in section eight of this article, then the Consolidated Public Retirement Board shall transfer to the State Teachers Retirement System, effective the first day of July, two thousand eight, all members who affirmatively elected to do so during that period. If at least seventy percent of actively contributing members of the Teachers' Defined Contribution Retirement System do not affirmatively elect to transfer to the State Teachers Retirement System within that period, ~~do not elect in favor of the merger,~~ then ~~all of the provisions of this article are void and of no force and effect and~~ the Defined Contribution Retirement System continues as the retirement system for all members in that system as of the thirtieth day of June, two thousand ~~six~~ eight.
§18-7C-5. Notice, education, record-keeping requirements.
(a) Commencing not later than the first day of ~~August, two thousand five~~ April, two thousand eight, the Consolidated Public Retirement Board shall begin an educational program with respect to the voluntary transfer of actively contributing members of ~~merger of~~ the Teachers' Defined Contribution Retirement System ~~with~~ and their assets to the State Teachers Retirement System.
(1) This educational program shall address, at a minimum:
(A) The law providing for the ~~merger~~ transfer;
(B) The mechanics of the ~~merger~~ transfer;
(C) The ~~election process~~ processes by which an actively contributing member may affirmatively elect to transfer;
(D) Relevant dates and time periods;
(E) The benefits, potential advantages and potential disadvantages if members fail or refuse to ~~approve the merger~~ affirmatively elect to transfer ~~and thereby elect to remain in the Defined Contribution Retirement System~~;
(F) The benefits, potential advantages and potential disadvantages of becoming a member of the State Teachers Retirement System;
(G) Potential state and federal tax implications in general attendant to the various options available to the members; and
(H) Any other pertinent information considered relevant by the board.
(2) The board shall disseminate the information through:
(A) Its website;
(B) Computer programs;
(C) Written or electronic materials, or both~~, delivered to each member~~;
(D) Classes or seminars pursuant to subdivision (3) of this subsection; if in the best judgment of the board classes or seminars are required to provide the necessary education for a member to make an informed decision with respect to the
election
(E) At the discretion of the board, through a program of individual counseling which is optional on the part of the member; and
(F) Through any other educational program considered necessary by the board.
(3) The Consolidated Public Retirement Board shall provide the information set forth in subdivision (1) of this subsection through classes or seminars in accordance with the following:
(A) The Consolidated Public Retirement Board shall provide training for conducting the classes or seminars for employees of county boards, for employees of state institutions of higher education or for any other person the board determines would be appropriate to conduct the classes or seminars;
(B) Each county board shall require at least two of its employees to attend the training;
(C) Each county board shall ensure that each employee of that county board who is a member of the Teachers' Defined Contribution Retirement System has had an opportunity to attend a class or a seminar on the topics set forth in subdivision (1) of this subsection at his or her work site during his or her workday;
(D) The class or seminar may be conducted by one of the county board employees who attended the training for conducting the classes or seminars, by any other person who attended the training or by a representative of a school personnel organization that the county board considers qualified to conduct the class or seminar;
(E) The classes or seminars may be conducted at the time allocated for professional activities for teachers on instructional support and enhancement days, before school, after school and at any other time during an employee's work day: Provided, That the classes or seminars may interfere with instructional time only if no other time is available to conduct the classes or seminars;
(F) Each county board shall ensure that informational booths are set up at each work site under the jurisdiction of the county board and that the booths are attended on a rotating basis by an employee trained to conduct the classes or seminars or by a representative of a school personnel organization that the county board considers qualified to attend the booth. An attendant of the booth may receive the written documents authorizing transfer to the State Teachers' Retirement System. The attendant shall record the receipt of all written documents authorizing the transfer, shall direct the member submitting the written document to initial a receipt log and shall issue a receipt to the member submitting the written document. Pursuant to section eight of this article, the person attending the booth shall transfer any written document authorizing the transfer received, the record of receipt of the written document and the initialed receipt log to the work site supervisor as soon thereafter as possible;
(G) During the period provided by this section for the educational program, each county board and its superintendent shall allow representatives of the Consolidated Public Retirement Board entry upon the premises of each school in this state where the Consolidated Public Retirement Board determines ~~it to be~~ appropriate on at least one occasion for the duration of at least sixty minutes during regular school hours to provide ~~such~~ educational programs as the Consolidated Public Retirement Board ~~may determine~~ determines appropriate for members of the Teachers' Defined Contribution Retirement System;
(H) Members of the Teachers' Defined Contribution Retirement System may submit to the person conducting a class or seminar their written document authorizing the Consolidated Public Retirement Board to transfer the employee and all of his or her assets to the State Teachers' Retirement System. Pursuant to section eight of this article, the person conducting the class or seminar shall transfer the written document authorizing the transfer to the work site supervisor as soon thereafter as possible.
(b) The board shall provide each member with a copy of the written or electronic educational materials and with a copy of the notice of the ~~election~~ opportunity to affirmatively elect to transfer, to the extent deliverable, by mailing a copy thereof, first class postage prepaid, through the United States mails to the most current mailing address provided by the member to the board. The board is not required to deliver, nor is any member entitled to delivery of, these materials by any other means. ~~(1)~~ The notice shall provide full and appropriate disclosure regarding the ~~merger and the election~~ process by which a member may affirmatively elect to transfer, including the ~~date~~ period of the ~~election~~ opportunity to affirmatively elect to transfer.
~~(2) The board also shall cause notice of the election to be published in at least ten newspapers of general circulation in this state. This notice shall be:~~
~~(A) By Class III legal advertisement published in accordance with the provisions of article three, chapter fifty-nine of this code; and~~
(B) Published not later than thirty days prior to the beginning of the election period and not sooner than sixty days prior to the beginning of the election period pursuant to section eight of this article.
(c) It is the responsibility of each member of the Teachers' Defined Contribution Retirement System to keep the board informed of his or her current address. A member who does not is considered to have waived his or her right to receive any information from the board with respect to the purposes of this article.
(d) Once the board has complied with the provisions of this section, each member of the Teachers' Defined Contribution Retirement System is considered to have actual notice of the ~~election~~ opportunity to affirmatively elect to transfer and all matters pertinent ~~to the election~~ thereto.

§18-7C-6. Conversion of assets from Defined Contribution Retirement System to State Teachers Retirement System; contributions; loans.

(a) ~~If a majority of members voting elect to merge the Defined Contribution Retirement System into the State Teachers Retirement System:~~
~~(1) The consolidation and merger is governed by the provisions of this article;~~
~~(2) The Defined Contribution Retirement System does not exist after the thirtieth day of June, two thousand six; and~~
~~(3)~~ If at least seventy percent of actively contributing members of the Teachers' Defined Contribution Retirement System affirmatively elect to transfer to the State Teachers Retirement System within the period provided in section eight of this article, then the Consolidated Public Retirement Board shall transfer the members and all properties held in the Teachers' Defined Contribution Retirement System's Trust Fund in trust for those members who affirmatively elected to do so during that period to the State Teachers Retirement System, effective on the first day of July, two thousand eight. ~~All members of that system become members of the State Teachers Retirement System as provided in this article.~~
(b) Following the election, if the vote is in favor of the merger, the board shall transfer all properties held in the Defined Contribution Retirement System's Trust Fund to the State Teachers Retirement System.
~~(c)~~(b) To receive ~~full~~ additional credit in the State Teachers Retirement System for service in the Teachers' Defined Contribution Retirement System for which assets are transferred, members who affirmatively elected to transfer within the period provided in section eight of this article shall pay into the State Teachers Retirement System ~~a one and one-half percent contribution~~ the actuarial reserve pursuant to section seven, article seven-c, chapter eighteen of this code: ~~This contribution shall be calculated as one and one-half percent of the member's estimated total earnings for which assets are transferred.~~ Provided, That a member may receive one-half the additional credit by paying the actuarial reserve for the one-half additional service credit. Except as otherwise provided in this section, each member shall pay the ~~contribution~~ actuarial reserve pursuant to section seven, article seven-c, chapter eighteen of this code required no later than the thirtieth day of June, two thousand ~~seven~~ nine.
~~(1) For a member contributing to the Defined Contribution Retirement System at any time during the two thousand five~~ ~~fiscal year and commencing membership in the State Teachers Retirement System on the first day of July, two thousand six~~:
~~(A) The estimated total earnings shall be calculated based on the member's salary and the member's age nearest birthday on the thirtieth day of June, two thousand five~~;
~~(B) This calculation shall apply both an annual backward salary scale from that date for prior years' salaries and a forward salary scale for the salary for the two thousand six fiscal year.~~
~~(2) For a member not contributing to the Defined Contribution Retirement System during the two thousand five fiscal year:~~
~~(A) The estimated total earnings shall be calculated based on the member's salary and the member's age nearest birthday on the member's date of rehire.~~
~~(B) This calculation shall apply a backward salary scale from the member's date of rehire for prior years' salaries.~~
(3) The calculations in subdivisions (1) and (2) of this subsection are based upon the salary scale assumption applied in the West Virginia Teachers Retirement System Actuarial Valuation as of the first day of July, two thousand four~~, prepared for the Consolidated Public Retirement Board. This salary scale shall be applied regardless of breaks in service.~~
~~(d)~~ (c) The board shall make available to each member a loan for the purpose of paying all or part of the ~~one and one-half percent contribution required in this section~~ actuarial reserve pursuant to section seven, article seven-c, chapter eighteen of this code. The loan shall be offered in accordance with the provisions of section thirty-four, article seven-a of this chapter.
(1) Notwithstanding any provision of this code, rule or policy of the board to the contrary, the interest rate on any ~~such~~ loan may not exceed seven and one-half percent per annum. The ~~amount~~ total amount borrowed may not exceed ~~twelve~~ forty thousand dollars: Provided, That the loan may not exceed the limitations of the Internal Revenue Code Section 72(p).
(2) In the event a loan made pursuant to this section is used to pay the ~~one and one-half percent~~ actuarial reserve pursuant to section seven, article seven-c, chapter eighteen of this code, the board shall make any necessary adjustments at the time the loan is made.
(3) ~~Subject to the provisions of subdivision (4) of this section, the~~ The board shall make this loan available for members to pay the actuarial reserve until the thirtieth day of June, two thousand ~~seven~~ nine.
(4) Upon returning to employment, a member who has left employment but not withdrawn his or her funds shall pay the one and one-half percent contribution within one year of being rehired. The member is eligible for one year following the date of rehire to obtain a loan for paying the contribution.
~~(e)~~ (d) The board shall develop and institute a payroll deduction program for repayment of the loan established in this section.
~~(f)~~ (e) ~~If the merger and consolidation is duly elected~~ If at least seventy percent of actively contributing members of the Teachers' Defined Contribution Retirement System affirmatively elect to transfer to the State Teachers Retirement System within the period provided in section eight of this article:
(1) As of the first day of July, two thousand ~~six~~ eight, the transferred members' contribution rate becomes six percent of his or her salary or wages; and
(2) All transferred members who work one hour or more and who make a contribution into the State Teachers Retirement System on or after the first day of July, two thousand ~~six~~ eight, are governed by the provisions of article seven-a of this chapter, subject to the provisions of this article.
~~(g)~~ (f) Subject to the provisions of subdivision (1) of this subsection, if a member has withdrawn or cashed out part of his or her assets, that member will not receive credit for those moneys cashed out or withdrawn. The board shall make a determination as to the amount of credit a member loses based on the periods of time and the amounts he or she has withdrawn or cashed out, which shall be expressed as a loss of service credit.
(1) A member may repay those amounts he or she previously cashed out or withdrew, along with interest as determined by the board, and receive the same credit as if the withdrawal or cash-out never occurred. ~~Such~~ The a member also shall pay the ~~one and one-half percent contribution~~ actuarial reserve pursuant to section seven, article seven-c, chapter eighteen of this code to receive ~~full~~ credit for the cashed-out or withdrawn amounts being repaid to the State Teachers Retirement System.
(2) The loan provided in this section is not available to members to repay previously cashed out or withdrawn moneys.
(3) If the repayment occurs five or more years following the cash-out or withdrawal, the member also shall repay any forfeited employer contribution account balance along with interest determined by the board.
~~(h)~~ (g) Notwithstanding any provision of subsection ~~(g)~~ (f) to the contrary, if a member has cashed out or withdrawn any of his or her assets after the last day of June, two thousand ~~one~~ three, and that member chooses to repurchase that service after the thirtieth day of June, two thousand ~~six~~ eight, the member shall repay the previously distributed amounts and any applicable interest to the State Teachers Retirement System.
~~(i)~~ (h) Any service in the State Teachers Retirement System a member has before the date of the ~~merger~~ transfer is not affected by the provisions of this article.
(i) The board shall take all necessary steps to see that the voluntary transfers of persons and assets authorized by this article do not affect the qualified status with the Internal Revenue Service of either retirement plan.

§18-7C-7. Service credit in State Teachers Retirement System following transfer; adjustments.

(a) Any member who has affirmatively elected to transfer to the State Teachers Retirement System within the period provided in section eight of this article ~~transferring all of his or her~~ whose assets have been transferred from the Teachers' Defined Contribution Retirement System to the State Teachers Retirement System pursuant to the provisions of this article and who has not made any withdrawals or cash-outs from his or her assets is entitled to service credit in the State Teachers Retirement System ~~for each year or part of a year, as governed by the provisions of article seven-a of this chapter, the member worked and contributed to the Defined Contribution Retirement System~~ pursuant to subsection (c) of this section.
(b) Any such member who has made withdrawals or cash outs will receive service credit based upon the amounts transferred. The board shall make the appropriate adjustment to the service credit the member will receive.
(c) ~~Any member's Defined Contribution Retirement System service credit will be reduced by twenty-five percent if the~~ ~~member~~ ~~does not pay the one and one-half percent contribution required by this article upon transfer to the State Teachers Retirement System.~~ If at least seventy percent of actively contributing members of the Teachers' Defined Contribution Retirement System affirmatively elect to transfer to the State Teachers Retirement System within the period provided in section eight of this article, for any member of the Defined Contribution Retirement System who elects to transfer to the State Teachers Retirement System, his or her service credit in the State Teachers Retirement System is determined as follows:
(1) If at least seventy percent but less than seventy-five percent of actively contributing members of the Teachers' Defined Contribution Retirement System affirmatively elect to transfer to the State Teachers Retirement System within the period provided in section eight of this article, then the member's State Teachers Retirement System credit shall be eighty percent of the member's Teachers' Defined Contribution Retirement System service credit;
(2) If at least seventy-five percent but less than eighty percent of actively contributing members of the Teachers' Defined Contribution Retirement System affirmatively elect to transfer to the State Teachers Retirement System within the period provided in section eight of this article, then the member's State Teachers Retirement System credit shall be eighty-two and one-half percent of the member's Teachers' Defined Contribution Retirement System service credit;
(3) If at least eighty percent but less than eighty-five percent of actively contributing members of the Teachers' Defined Contribution Retirement System affirmatively elect to transfer to the State Teachers Retirement System within the period provided in section eight of this article, then the member's State Teachers Retirement System credit shall be eighty-five percent of the member's Teachers' Defined Contribution Retirement System service credit; and
(4) If at least eighty-five percent of actively contributing members of the Teachers' Defined Contribution Retirement System affirmatively elect to transfer to the State Teachers Retirement System within the period provided in section eight of this article, then the member's State Teachers Retirement System credit shall be eighty-seven and one-half percent of the member's Teachers' Defined Contribution Retirement System service credit.
(d) To receive additional credit in the State Teachers Retirement System for service in the Teachers' Defined Contribution Retirement System for which assets are transferred, transferring members shall have the option to pay into the State Teachers Retirement System the actuarial reserve, as defined in section two of this article: Provided, That a member may receive one-half the additional credit by paying the actuarial reserve for the one-half additional service credit. Each member shall pay the actuarial reserve no later than the thirtieth day of June, two thousand nine.
(e) All service previously transferred from the State Teachers Retirement System to the Teachers' Defined Contribution Retirement System is considered Teachers' Defined Contribution Retirement System service for the purposes of this article.
(f) Notwithstanding any provision of this code to the contrary, the retirement of a member who becomes eligible to retire after the member's assets are transferred to the State Teachers Retirement System pursuant to the provisions of this article may not commence prior to the first day of September, two thousand eight.

§18-7C-8. Period for affirmative election to transfer; board may contract for professional services.

(a) The board shall ~~arrange for and hold an election for~~ provide the members of the Teachers' Defined Contribution Retirement System ~~who are eligible to vote, pursuant to the provisions of subsection (d) of this section, on the issue of merging and consolidating the~~ an opportunity to voluntarily execute and deliver to the Consolidated Public Retirement Board, or its designee, a written document in a form prescribed by the board that irrevocably authorizes the board to transfer the member and all the member's assets in the Teachers' Defined Contribution Retirement System ~~into~~ to the State Teachers Retirement System in accordance with the provisions of this article.
(b) If ~~a majority of the eligible voters casting ballots in the election votes in the affirmative on the issue~~ at least seventy percent of actively contributing members of the Teachers' Defined Contribution Retirement System affirmatively elect to transfer to the State Teachers Retirement System:
(1) All members of the Defined Contribution Retirement System will transfer, or have transferred, all assets held by them or on their behalf in the Defined Contribution Retirement System to the State Teachers Retirement System The Consolidated Public Retirement Board shall, for each member who affirmatively elected to transfer as provided in this section, transfer the assets held in the Teachers' Defined Contribution Retirement System's Trust Fund in trust for that member to the State Teachers Retirement System on the first day of July, two thousand eight;
(2) On the ~~date of the merger~~ first day of July, two thousand eight, each member who so elected becomes a member of the State Teachers Retirement System and after working one or more hours and contributing to the State Teachers Retirement System is entitled to the benefits of the State Teachers Retirement System; and
(3) Each such member is governed by the provisions of the State Teachers Retirement System subject to the provisions of this article.
(c) If fewer than ~~one half of the members eligible to vote of the Defined Contribution Plan cast ballots in the election, the election is not valid and binding~~ seventy percent of actively contributing members of the Teachers' Defined Contribution Retirement System affirmatively elect to transfer to the State Teachers Retirement System, the transfers described in this section shall not occur.
(d) Any person who has one dollar or more in assets in the Teachers' Defined Contribution Retirement System on the last day of December, two thousand ~~five~~ seven, may and is eligible to ~~vote in the election~~ affirmatively elect to transfer to the State Teachers Retirement System as provided in this section. For purposes of this article:
(1) The tabulation of the percentage required for transfer as required in this article shall only include documents affirmatively electing to transfer submitted under the provisions of this subsection by those who are actively contributing members of the Teachers' Defined Contribution Retirement System as that term is defined in section three of this article; and
(2) Notwithstanding the opportunity to submit documents affirmatively electing to transfer extended by this article to members other than those who are actively contributing members of the Teachers' Defined Contribution Retirement System, there shall be no duty or other obligation on the part of the board to provide any education, information or notice regarding matters contained in this article to members who are not actively contributing members of the Teachers' Defined Contribution Retirement System regarding any matter described in this article, nor any right on the part of those other members to receive the same.
(e) Notwithstanding any other provision of this code to the contrary, the board may do all things necessary and convenient to maintain the Teachers' Defined Contribution Retirement System and the State Teachers Retirement System during the transitional period and may retain the services of the professionals it considers necessary to do so. The board may also retain the services of ~~the~~ professionals ~~it deems~~ necessary to:
(1) Assist in the preparation of educational materials ~~for members of the Defined Contribution Retirement System who are eligible to vote on the merger to inform these members of their options in the election~~;
(2) Assist in the educational process ~~of the members who are eligible to vote on the merger~~;
(3) Assist in the ~~election process and the election~~ process for submission of the documents whereby members may affirmatively elect to transfer; and
(4) Ensure compliance with all relevant state and federal laws.
(f) Due to the time constraints inherent in the ~~merger process~~ initial processes established for the submission of documents affirmatively electing to transfer set forth in this article in specific, and due to the nature of the professional services required by the Consolidated Public Retirement Board in general, the provisions of article three, chapter five-a of this code~~, relating to the Division of Purchasing of the Department of Administration~~ do not apply to any materials, contracts for any actuarial services, investment services, legal services or other professional services authorized under the provisions of this article.
(g) The ~~election~~ submission of the documents whereby members may affirmatively elect to transfer may be ~~held~~ through ~~certified mail or in~~ any ~~other~~ method the board determines is in the best interest of the members: Provided, That for members of the Teachers' Defined Contribution Retirement System, the submission of the documents whereby those members elect to transfer shall be pursuant to the procedure established by the Consolidated Public Retirement Board set forth in subsection (j) of this section. Each ballot shall contain the following language, in bold fifteen-point type: 'By casting this ballot I am making an educated, informed and voluntary choice as to my retirement and the retirement system of which I wish to be a member. I am also certifying that I understand the consequences of my vote in this election.' Each ballot shall be signed by the member voting. The board shall retain the ballots in a permanent file. Any unsigned ballot is void.
(h) The ~~election~~ period for submission of the documents whereby members may affirmatively elect to transfer shall begin not later than the first day of ~~March~~ April, two thousand ~~six~~ eight. The board shall ascertain the results of the ~~election~~ submissions not later than the last day of ~~March~~ May, two thousand ~~six~~ eight. The board shall certify the results of the ~~election~~ submissions to the Governor, the Legislature and the members not later than the fifth day of ~~April~~ June, two thousand ~~six~~ eight.
(i) The ~~election~~ submission period terminates and ~~votes~~ elections to transfer may not be ~~cast or counted~~ accepted from a member after the twelfth day of ~~March~~ May, two thousand ~~six~~ eight, ~~unless the election is conducted through the United States mail~~ subject to the following:
(1) If ~~conducted~~ elections to transfer are permitted through the mail, any ~~ballot~~ submission postmarked later than the twelfth day of ~~March~~ May, two thousand ~~six~~ eight, is void and may not be counted; and
(2) Any election to transfer given to a supervisor at a work site pursuant to subsection (j) of this section on or before the twelfth day of May, two thousand eight, shall be valid and counted if the supervisor mails the written documents authorizing transfer by the thirteenth day of May, two thousand eight.
~~(j) The board shall take all necessary steps to see that the merger does not affect the qualified status with the Internal Revenue Service of either retirement plan.~~
(j) The Consolidated Public Retirement Board shall collaborate with the state superintendent, the Chancellor for Higher Education and the Chancellor for Community and Technical College Education to establish a procedure whereby all actively contributing members of the Teachers' Defined Contribution Retirement System may deliver to the Consolidated Public Retirement Board or its designee the written document authorizing transfer through a supervisor at each work site where any contributing member of the Defined Contribution Retirement System is employed. The procedure shall include at least the following:
(1) The supervisor at each work site is responsible for collecting the written documents authorizing the transfer from all actively contributing members of the Teachers' Defined Contribution Retirement System employed at the work site who choose to submit the written document. The supervisor shall record the receipt of all written documents authorizing transfer, shall direct the member submitting the written document to initial a receipt log and shall issue a receipt to the to the member submitting the written document.
(2) On and after the seventh day of May, two thousand eight, but on or before the tenth day of May, two thousand eight, the supervisor at the work site shall make reasonable efforts to contact verbally and in writing all actively contributing members of the Teachers' Defined Contribution Retirement System employed at the work site that have not submitted their written documents as of that date to remind those members of the upcoming deadline for submitting their written document authorizing transfer: Provided, That failure of the supervisor to make contact with any of those members shall not be a basis for a cause of action to allow a member to transfer after the period provided in this section or for any other cause of action.
(3) The supervisor at each work site shall forward all of the written documents to the Consolidated Public Retirement Board, or its designee, through certified mail no later than the thirteenth day of May, two thousand eight. The work site supervisor shall inform the Consolidated Public Retirement Board of all of the written documents received each day so that the board, or its designee, can record which members of the Teachers' Defined Contribution Retirement System have submitted their written documents authorizing transfer pursuant to subsection (k) of this section.
(4) For the purposes of this subdivision, the principal of a school with any of grades prekindergarten through twelve is the work site supervisor. For the purposes of this subdivision, for any work site under the jurisdiction of the Higher Education Policy Commission or the West Virginia Council for Community and Technical College Education, the human resource administrator or other designee may be considered the work site supervisor. In any case where the person who is the work site supervisor is in question, the state board, the Chancellor for Higher Education or the Chancellor for Community and Technical College Education, whichever entity has jurisdiction over the work site, shall designate the supervisor.
(5) The state board, the Chancellor for Higher Education and the Chancellor for Community and Technical College Education shall ascertain the names of all work site supervisors under their jurisdiction and transmit a list of the names of the work site supervisors to the Consolidated Public Retirement Board on or before the fifteenth day of March, two thousand eight.
(k) The Consolidated Public Retirement Board, or its designee, shall record the receipt of all written documents authorizing the transfer so that it knows the percentage of contributing members of the Teachers' Defined Contribution Retirement System that have submitted the written documents by work site and by county.
§18-7C-9. Results considered final.
~~(a) The election is considered final and each member, whether he or she voted or failed to vote, is bound by the results of the election.~~ Every member of the Teachers' Defined Contribution Retirement System is considered to have made an informed, educated, knowing and voluntary decision and choice with respect to the ~~election~~ opportunities provided by this article to transfer membership and assets to the State Teachers Retirement System. ~~Those members~~ Each member who failed or refused to ~~vote are~~ affirmatively elect to transfer is also considered to have made an informed, educated, knowing and voluntary decision and choice with respect ~~to the election and voting~~ thereto and ~~are~~ is bound by the results thereof. ~~of the election as if he or she had voted in the election.~~
~~(b) Only one election may be held pursuant to the provisions of this article.~~
§18-7C-10. Qualified domestic relations orders.
Any member having a qualified domestic relations order against his or her defined contribution account is allowed to repurchase service in the State Teachers Retirement System. The member shall repay any moneys previously distributed to the alternate payee along with the interest as set by the board. The member shall repay by the last day of June, two thousand ~~twelve~~ fourteen. The provisions of this section are void and of no effect if ~~the members fail to elect to merge and consolidate~~ there is no transfer from the Teachers' Defined Contribution Retirement System ~~with~~ to the State Teachers Retirement System. An alternate payee is not, solely as a result of that status, a member of either the Teachers' Defined Contribution Retirement System or the State Teachers Retirement System for any purpose under the provisions of this article and no interest held by the alternate payee is transferred to the State Teachers Retirement System pursuant thereto.
§18-7C-11. Vesting.
Any member who works one hour or more after ~~the date of merger occurs~~ his or her assets are transferred to the State Teachers Retirement System pursuant to this article is subject to the vesting schedule set forth in article seven-a of this chapter: Provided, That if a member is vested under the Teachers' Defined Contribution Retirement System and his or her last contribution was not made to the State Teachers Retirement System, that member is subject to the vesting schedule set forth in article seven-b of this chapter.
§18-7C-12. Minimum guarantees.
(a) Any member of the Teachers' Defined Contribution Retirement System who works one hour or more and who has made a contribution to the State Teachers Retirement System after ~~the date of merger~~ his or her assets are transferred to the State Teachers Retirement System pursuant to this article is guaranteed a minimum benefit equal to his or her member contributions plus the vested portion of employer contributions made on his or her behalf to the Teachers' Defined Contribution Retirement System as of the thirtieth day of June, two thousand ~~six~~ eight, plus any earnings thereon, as stated by the board or the board's professional contractor.
(b) A member of the Teachers' Defined Contribution Retirement System who works one hour or more and who has made contributions to the State Teachers Retirement System after ~~the thirtieth day of June, two thousand six, where the Defined Contribution Retirement System has been merged into the State Teachers Retirement System~~ his or her assets are transferred to the State Teachers Retirement System pursuant to this article, upon eligibility to receive a distribution under article seven-a of this chapter, shall have at a minimum the following three options:
(1) The right to receive an annuity from the State Teachers Retirement System based upon the provisions of article seven-a of this chapter;
(2) The right to withdraw from the State Teachers Retirement System and receive his or her member accumulated contributions in the State Teachers Retirement System, plus regular interest thereon, as set forth in article seven-a of this chapter; or
(3) The right to withdraw and receive his or her member contributions plus the vested portion of employer contributions made on his or her behalf to the Teachers' Defined Contribution Retirement System, plus any earnings thereon as of the date ~~of the merger~~ his or her assets are transferred to the State Teachers Retirement System pursuant to this article, as determined by the board or its professional third-party benefits administrator pursuant to the vesting provisions of section twelve of this article. This amount ~~may~~ shall be distributed in a lump sum ~~or in periodic payments as elected by the member~~.
(c) Any member of the Teachers' Defined Contribution Retirement System who does not work one hour or more and who makes no contribution to the State Teachers Retirement System ~~following approval of the merger and following the date of merger~~ after his or her assets are transferred to the State Teachers Retirement System pursuant to this article is guaranteed the receipt of the amount in his or her total vested account in the Teachers' Defined Contribution Retirement System on the date of ~~merger~~ the transfer, plus interest thereon, at four percent accruing from the date of ~~merger~~ the transfer. This amount ~~may~~ shall be distributed in a lump sum: ~~or in periodic payments as elected by the member~~ Provided, That no benefits may be obtained under this subsection solely by the reciprocity provisions of sections three, four, and six, article thirteen, chapter five of this code.
§18-7C-15. Funding.
To the extent that the Legislature determines that the operation of the amendment and reenactment of this article in two thousand eight may cause additional unfunded actuarially accrued liability in the State Teachers Retirement System, the amounts provided by the Legislature through appropriations made for the purpose of offsetting the additional unfunded actuarially accrued liability shall be applied, together with any savings therefrom, to the full amortization of the additional amount through two thousand thirty-four.
CHAPTER 18A. SCHOOL PERSONNEL.

ARTICLE 2. SCHOOL PERSONNEL.

§18A-2-2. Employment of teachers; contracts; continuing contract status; how terminated; dismissal for lack of need; released time; failure of teacher to perform contract or violation thereof.

(a) Before entering upon their duties, all teachers shall execute a contract with their county boards, which shall state the salary to be paid and shall be in the form prescribed by the state superintendent. Each contract shall be signed by the teacher and by the president and secretary of the county board and shall be filed, together with the certificate of the teacher, by the secretary of the office of the county board.
(b) A teacher's contract, under this section, shall be for a term of not less than one nor more than three years, one of which shall be for completion of a beginning teacher internship pursuant to the provisions of section two-b, article three of this chapter, if applicable. If, after three years of ~~such~~ employment, the teacher who holds a professional certificate, based on at least a bachelor's degree, has met the qualifications for a bachelor's degree and the county board enter into a new contract of employment, it shall be a continuing contract, subject to the following:
(1) Any teacher holding a valid certificate with less than a bachelor's degree who is employed in a county beyond the three-year probationary period shall upon qualifying for the professional certificate based upon a bachelor's degree, if reemployed, be granted continuing contract status; and
(2) A teacher holding continuing contract status with one county shall be granted continuing contract status with any other county upon completion of one year of acceptable employment if the employment is during the next succeeding school year or immediately following an approved leave of absence extending no more than one year.
(c) The continuing contract of any teacher shall remain in full force and effect except as modified by mutual consent of the school board and the teacher, unless and until terminated, subject to the following:
(1) A continuing contract may not be terminated except:
(A) By a majority vote of the full membership of the county board on or before the first Monday of April of the then current year, after written notice, served upon the teacher, return receipt requested, stating cause or causes and an opportunity to be heard at a meeting of the board prior to the board's action on the termination issue; or
(B) By written resignation of the teacher before that date, to initiate termination of a continuing contract;
(2) The termination shall take effect at the close of the school year in which the contract is terminated;
(3) The contract may be terminated at any time by mutual consent of the school board and the teacher;
(4) This section does not affect the powers of the school board to suspend or dismiss a principal or teacher pursuant to section eight of this article;
(5) A continuing contract for any teacher holding a certificate valid for more than one year and in full force and effect during the school year one thousand nine hundred eighty-four--one thousand nine hundred eighty-five shall remain in full force and effect;
(6) A continuing contract shall not operate to prevent a teacher's dismissal based upon the lack of need for the teacher's services pursuant to the provisions of law relating to the allocation to teachers and pupil-teacher ratios. The written notification of teachers being considered for dismissal for lack of need shall be limited to only those teachers whose consideration for dismissal is based upon known or expected circumstances which will require dismissal for lack of need. An employee who was not provided notice and an opportunity for a hearing pursuant to this subsection may not be included on the list. In case of dismissal for lack of need, a dismissed teacher shall be placed upon a preferred list in the order of their length of service with that board. No teacher shall be employed by the board until each qualified teacher upon the preferred list, in order, has been offered the opportunity for reemployment in a position for which he or she is qualified, not including a teacher who has accepted a teaching position elsewhere. The reemployment shall be upon a teacher's preexisting continuing contract and has the same effect as though the contract had been suspended during the time the teacher was not employed.
(d) In the assignment of position or duties of a teacher under a continuing contract, the board may provide for released time of a teacher for any special professional or governmental assignment without jeopardizing the contractual rights of the teacher or any other rights, privileges or benefits under the provisions of this chapter. Released time shall be provided for any professional educator while serving as a member of the Legislature during any duly constituted session of that body and its interim and statutory committees and commissions without jeopardizing his or her contractual rights or any other rights, privileges, benefits or accrual of experience for placement on the state minimum salary schedule in the following school year under the provisions of this chapter, board policy and law.
(e) Any teacher who fails to fulfill his or her contract with the board, unless prevented from doing so by personal illness or other just cause or unless released from his or her contract by the board, or who violates any lawful provision of the contract, shall be disqualified to teach in any other public school in the state for a period of the next ensuing school year and the State Department of Education or board may hold all papers and credentials of the teacher on file for a period of one year for the violation: Provided, That marriage of a teacher shall not be considered a failure to fulfill, or violation of, the contract.
(f) Any classroom teacher, as defined in section one, article one of this chapter, who desires to resign employment with a county board or request a leave of absence, the resignation or leave of absence to become effective on or before the fifteenth day of July of the same year and after completion of the employment term, may do so at any time during the school year by written notification of the resignation or leave of absence and any notification received by a county board shall automatically extend the teacher's public employee insurance coverage until the thirty-first day of August of the same year.
(g) Any classroom teacher who gives written notice to the county board on or before the first day of February of the school year of their retirement from employment with the board at the conclusion of the school year shall be paid five hundred dollars from the Early Notification of Retirement line item established for the Department of Education for this purpose, subject to the following:
(1) The five hundred dollar payment for early notification is subject to appropriation by the Legislature;
(2) If the appropriations to the Department of Education for this purpose are insufficient to compensate all applicable teachers, the Department of Education shall request a supplemental appropriation in an amount sufficient to compensate all ~~such~~ applicable teachers;
(3) ~~Additionally,~~ If funds are still insufficient to compensate all applicable teachers, the priority of payment is for teachers who give written notice the earliest;
(4) This payment shall not be counted as part of the final average salary for the purpose of calculating retirement; and
(5) If at least seventy percent of actively contributing members of the Teachers' Defined Contribution Retirement System affirmatively elect to transfer to the State Teachers Retirement system as provided in article seven-c, chapter eighteen of this code, any classroom teacher who elects to make that transfer and gives written notice to the county board on or before the first day of July, two thousand eight, of his or her retirement from employment with the board on the first day of September, two thousand eight, shall be paid the five hundred dollars notwithstanding any other provision of this subsection."
And by amending the title to read as follows:
Com. Sub. for H. B. 4496 - "A Bill to repeal §18-7C-13 and §18-7C-14 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated section §11-21-12h; to amend and reenact §18-7A-14, §18-7A-17, §18-7A-18, §18-7A-34 and §18-7A-40 of said code; to amend and reenact §18-7B-7, §18-7B-7a and §18-7B-8 of said code; to amend and reenact §18-7C-1, §18-7C-2, §18-7C-3, §18-7C-4, §18-7C-5, §18-7C-6, §18-7C-7, §18-7C-8, §18- 7C-9, §18-7C-10, §18-7C-11 and §18-7C-12 of said code; to amend said code by adding thereto a new section, designated section §18-7C-15; and amend and reenact §18A-2-2 of said code, all relating to teachers retirement systems; allowing members of the Teachers' Defined Contribution Retirement System to transfer to the State Teachers Retirement System under certain conditions; income tax deduction for certain payments for obtaining credit; providing for contributions by employers and members; computation of service credit; transfers from the Teacher Employers Contribution Collection Account; loans to members; providing for transfer of higher education employees who are members of the Teachers' Defined Contribution Retirement System; providing for transfer of certain members returning to employment with participating employer; prohibiting transfers to Teachers' Defined Contribution Retirement System; providing findings and purposes of enactment; defining terms; establishing a required minimum percentage of actively contributing members of the Teachers' Defined Contribution Retirement System electing to transfer for the authorization of the transfers; providing for notice, education and record-keeping requirements; providing for classes and seminars and access to schools; establishing the first day of July, two thousand eight as the effective date for the transfer; providing for the transfer of service credit and the payment of the actuarial reserve to obtain service credit; establishing the earliest date transferees can retire; establishing processes for members of the Teachers' Defined Contribution Retirement System to elect transfer; allowing the Consolidated Public Retirement Board to contract for professional services; establishing a procedure to allow work site supervisors to collect the transfer documents; providing for effect of transfers on domestic relations orders and vesting; providing guaranteed minimum benefits; and providing for funding to offset any additional unfunded actuarially accrued liability."
On motion of Delegate DeLong, the House refused to concur in the Senate amendments and requested the Senate to recede therefrom.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 4712, Supplementary appropriation to the Department of Transportation-Division of Motor Vehicles.
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. 4713, Expiring funds to the balance of the Department of Health and Human Resources, Health Care Authority.
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. 4714, Supplementary appropriation to the Department of Commerce, Department of Education and the Arts-Division of Rehabilitation Services, Department of Military Affairs and Public Safety-Fire Marshal.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:
H. C. R. 4, The H.E. "Homer" Lilly Bridge".
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, with amendment, of a concurrent resolution of the House of Delegates as follows:
H. C. R. 35, The "Noah Stephens Bridge".
On motion of Delegate DeLong, the resolution was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the title and inserting in lieu thereof the following:
"Whereas, Noah Stephens was born February 29, 1924, the tenth child of Tolbert and Effie Stephens, in Wayne County, West Virginia. Noah's father was a hardworking farmer and his mother was a midwife who traveled the county helping mothers in childbirth; and
Whereas, Noah Stephens's work ethic and resiliency were forged early growing up as a child in the Great Depression, and then put to the test in World War II when Japan attacked Pearl Harbor on December 7, 1941; and
Whereas, Two months before graduating high school, Noah Stephens, after turning eighteen, rode a bus to Columbus, enlisted in the Army, and earned a GED in bootcamp; and
Whereas, Noah Stephens was shipped out to England, eventually landing in France in June, 1944, for the Normandy D-Day invasion; and
Whereas, After the breakthrough in Normandy, Noah Stephens was assigned to the 94^th Infantry Division, 302 Regiment, Company L, Second Platoon in Le Havre, France, where he began fighting his way into Germany; and
Whereas, On December 16, 1944, the Germans launched a surprise counter-offensive, known as the Battle of the Bulge, which took the allies completely by surprise. The Germans hit the center of the allied lines at the thinly held Ardennes with over a quarter of a million men; and
Whereas, Within eight days the Germans had cut deeply into allied territory. Noah and his platoon were surrounded for eleven days. At times, the temperature dipped to minus thirty-five degrees below zero. Their food supply dwindled to seven cans of C-rations. The men were forced to lay low, taking shelter in foxholes dug from the frozen solid earth; and
Whereas, On Friday, February 16, 1945, the Wayne County News published the following account: "Mr. and Mrs. Tolbert Stevens (sic) have received word that their son, Pvt. Noah Stevens (sic), has been missing in action in France since January 21. He had been in service about two years"; and
Whereas, In fact, Noah and twenty other men had survived enemy fire, hunger and the bitter cold, to cross the enemy lines and make it back to allied territory. The surviving twenty three men were sent to a hospital in Birmingham, England, where eighteen of them required amputations due to extreme frostbite. Noah was so badly frostbitten he was scheduled to have both feet amputated. He refused, later healed, and became one of only five men in his entire platoon to not undergo an amputation; and
Whereas, Believing their son, Noah Stephens, had been dead since January, his parents were overjoyed to receive a letter from him in March relating his struggle and improbable survival; and
Whereas, On March 30, 1945, the Wayne County News ran an updated article on Noah Stephens being awarded the Silver Star and Combat Infantry Badge for his gallantry in action in an attack on the town of Tettington, Germany, with the 94^th Infantry Division. Noah also received the Purple Heart, the Good Conduct Medal, and three campaign stars for service in Northern France, the Ardennes, and the Rhineland; and
Whereas, Upon his return from service in World War Two, Noah Stephens married his sweetheart Lorene Russell and they started a family. Within a year their first son Lemuel was born, followed by sons Gary and Delmas and a daughter named Shelia; and
Whereas, In order to provide for his family, Noah began working in the coal mines, then worked in the factories of Detroit and Columbus, and finally attended trade school in Huntington, on the GI Bill, to become a machinist; and
Whereas, Noah Stephens went on in life to become both a successful family man and businessman, owning his own trucking and building companies, surviving hardship and family illness and, after more than fifty two years, is still married to, loving and caring for his wife Lorene; and
Whereas, Imbued by their parents with a strong work ethic, Noah and Lorene's children have all gone on to become successful entrepreneurs. It is fitting that they thought to honor their father, who will be eighty four years old on February 29, 2008, by seeking to memorialize his honorable life by naming the Dickson bridge after and dedicating it to him; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the Dickson beam-span bridge, crossing Twelve Pole Creek, on Route 152, Dickson, West Virginia, identification #50-152- 3839 (3542), the "Noah Stephens 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 certified copies of this resolution to the Commissioner of Highways, to the Wayne County Commission, and to the family of Noah Stephens."
And by amending the title to read as follows:
H. C. R. 35 - "Requesting the Division of Highways to name the Dickson beam-span bridge, crossing Twelve Pole Creek, on Route 152, Dickson, West Virginia, identification #50-152-3839 (3542), the 'Noah Stephens Bridge'."
On motion of Delegate DeLong, the House concurred in the Senate amendments.
The question now being on the adoption of the resolution (H. C. R. 35), the same was put and prevailed.
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 the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:
H. C. R. 40, Requesting the United States Park Service to continue permitting hunting on areas controlled by New River Gorge National River.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:
H. C. R. 51, The "William Arnett Wills Memorial Bridge".
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:
H. C. R. 66, Honoring and commemorating 100 years of service at home and abroad by the United States Army Reserve.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:
H. C. R. 67, The "Abishi Carrando Cunningham, Sr. Memorial Bridge".
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. 48 - "Requesting the Division of Highways name bridge number 30-65/5-1.47 (10525) in Puritan Mines, Mingo County, the 'Rev. Glen and Gladys Merritt Bridge'."
Whereas, Glen and Gladys Merritt are longtime residents of Puritan Mines, Mingo County; and
Whereas, Glen and Gladys Merritt opened their home and hearts to over 200 foster children during an eleven year span and Glen served as president of the Mingo County Foster Parents Association; and
Whereas, Glen and Gladys Merritt pastored the Christian Fellowship Church for more than 27 years and Glen continues to do so to this day; and
Whereas, Glen and Gladys Merritt spent more than fifty years serving the people of the Mingo County as pastors, mentors, parent figures and more; and
Whereas, Glen Merritt is a veteran of the United States Army having served in World War II; and
Whereas, Sadly, Gladys Merritt passed away Thursday, October 5, 2006; and
Whereas, It is fitting, to honor Glen and the late Gladys Merritt for their service to their community, by naming bridge number 10525, in Puritan Mines, Mingo County, the "Rev. Glen and Gladys Merritt Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 30-65/5-1.47 (10525) in Puritan Mines, Mingo County, the "Rev. Glen and Gladys Merritt 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 "Rev. Glen and Gladys Merritt Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and Glen Merritt.
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. 49 - "Requesting the Division of Highways name bridge number 30-119-2.67 (2806) located in Mingo County at mile marker 20.5 the 'Private Lawrence Ooten Memorial Bridge'."
Whereas, Lawrence Ooten was born October 3, 1921, in Myrtle, Mingo County, son of the late James and Leota Ooten; and
Whereas, Lawrence Ooten had four brothers, Andy, George, Frank and Johnny, and two sisters, Thurs and Ella; and
Whereas, Lawrence Ooten served his country in World War II; and
Whereas, Lawrence Ooten was awarded the Silver Star and Purple Heart for bravery in the field; and
Whereas, Sadly, Lawrence Ooten was killed in action on December 24, 1944, in Luxembourg, Germany; and
Whereas, Lawrence Ooten was buried at the Ooten Cemetery located at Lee Dempsey Drive in Myrtle, Mingo County; and
Whereas, It is fitting, to honor the memory of Lawrence Ooten, who died in the service of his country, by naming bridge number 2806, located in Mingo County, at mile marker 20.5, the "Private Lawrence Ooten Memorial Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 30-119-2.67 (2806) located in Mingo County at mile marker 20.5 the "Private Lawrence Ooten 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 "Private Lawrence Ooten Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the family of Lawrence Ooten.
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. 52 - "Requesting the Division of Highways name bridge number 25-24-4.31 (1818) on Route 17 crossing the Big Paw Paw Creek in Marion County the 'Seaman 1st Class Clyde Richard Wilson Memorial Bridge'."
Whereas, Clyde Richard Wilson was born October 31, 1918, in Marion County; and
Whereas, Clyde Richard Wilson served his country by enlisting in the Navy; and
Whereas, Sadly, Clyde Richard Wilson lost his life in the service of his country at Pearl Harbor when the battleship USS West Virginia was sunk by the Japanese; and
Whereas, Clyde Richard Wilson was raised in a home that no longer exists, which was located across from this bridge; and
Whereas, It is fitting, to honor Clyde Richard Wilson for making the ultimate sacrifice to his state and country, by naming bridge number 25-24-4.31 (1818), in Marion County, on Route 17, crossing the Big Paw Paw Creek, the "Seaman 1st Class Clyde Richard Wilson Memorial Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 25-24-4.31 (1818) on Route 17 crossing the Big Paw Paw Creek in Marion County the "Seaman 1st Class Clyde Richard Wilson 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 "Seaman 1st Class Clyde Richard Wilson Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the family of Clyde Richard Wilson.
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. 58 - "Requesting the Division of Highways name bridge number 40-869-0.27 (4380) on Route 869 crossing the Kanawha River and U. S. Route 35 near Eleanor, Putnam County, the 'Memorial Bridge' in recognition of Johnathon David Higginbotham and others who have lost their lives on U. S. Route 35 and State Route 62."
Whereas, Johnathon David Higginbotham was born on October 6, 1986; and
Whereas, Johnathon grew up in the Eleanor and Midway areas of Putnam County, but spent a large part of his childhood in Pliny, West Virginia with his grandparents, Grandpa and Grandma Wears; and
Whereas, Johnathon attended George Washington Elementary School, George Washington Middle School and Buffalo High School; and
Whereas, At age 5, Johnathon started playing basketball; and
Whereas, He spent most of his spare time practicing basketball at the Eleanor Park or in the Buffalo High School gymnasium; and
Whereas, Johnathon loved his family, friends, NASCAR, WVU football, WVU basketball, North Carolina Tar Heels and Buffalo High School; and
Whereas, Johnathon traveled Route 35 a lot while visiting his grandparents or staying at his Dad's, and the bridge saved him a lot of time when traveling from Pliny to school; and
Whereas, His friends would call him "Thun" and yell to Johnathon during basketball games "Git-r-done, Thun"; and
Whereas, In the Spring of 2004, Johnathon and his family were so excited to learn that he would be the starting guard for the fall season; and
Whereas, On June 3, 2004, Johnathon headed across the bridge to his dad's, and just a few miles from the bridge, Johnathon, at age 17, was killed by a tractor-trailer; and
Whereas, It is fitting that this bridge be named "The Memorial Bridge" for Johnathon and others who have lost their lives on U.S. Route 35 and State Route 62 to honor and memorialize their passing, as well as their families and friends that continue their memory as they cross the bridge; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 40-869-0.27 (4380) on Route 869 crossing the Kanawha River and U. S. Route 35 near Eleanor, Putnam County, the "Memorial Bridge" in recognition of Johnathon David Higginbotham and others who have lost their lives on U. S. Route 35 and State Route; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and Johnathon David Higginbotham's stepfather and mother, Jim and Vallery Withrow.
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. 63 - "Requesting the Division of Highways name bridge number 30-119-12.76 (2796) which crosses Trace Creek on Corridor G north of Belo, Mingo County, the 'R3C Fred Mahon Memorial Bridge'."
Whereas, Radioman 3rd Class Fred Mahon was born in Mingo County, West Virginia, the son of Rush Mahon. He enlisted in the United States Navy and was serving on board ship that was sunk by enemy fire. The remains of Radioman 3rd Class Fred Mahon were never recovered and he was declared dead by the Navy; and
Whereas, Radioman 3rd Class Fred Mahon left his father and other family members. The VFW Post 8001 in Delbarton, West Virginia, was named the Fred Mahon VFW Post 8001 in his honor; and
Whereas, Radioman 3rd Class Fred Mahon made the ultimate sacrifice for his country and in the cause of freedom and it is fitting and proper that this bridge be named in his honor as a small token of appreciation and gratitude for the sacrifice Fred Mahon made; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 30-119-1.76 (2796) which crosses Trace Creek on Corridor G north of Belo, Mingo County, the "R3C Fred Mahon Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "R3C Fred Mahon Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the family of Radioman 3rd Class Fred Mahon.
Leaves of Absence
At the request of Delegate DeLong, and by unanimous consent, leaves of absence for the day were granted Delegates Frederick, Mahan and Tansill.
At 5:52 p.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, March 5, 2008.